| FTC Files Suit Against
Mouse Trapping Scammer |
9/25. The Federal Trade
Commission (FTC) filed a civil complaint
[PDF] in U.S.
District Court (EDPenn) against John Zuccarini, an
Internet scam artist who operates a mouse trapping operation
on the web. The Court issued a Temporary
Restraining Order [PDF] on September 25. However, the
defendant continues to operate in violation of the TRO. See
also, FTC
release.
The Complaint states that "Defendant redirects
unsuspecting consumers to his sites and then traps them in a
barrage of Web pages and pop-up windows. Defendant places Web
pages on the World Wide Web with domain names that are
misspellings of other domain names; transpose or invert words,
terms, or phrases in other domain names; or are confusingly
similar to others' famous trademarks, service marks, or names.
When consumers type one of Defendant's domain names in to
their browser's address bar, they are immediately redirected
to Defendant's Web sites. ... Once Defendant redirects
consumers to his Web sites, he traps them there using a
variety of tactics that obstruct consumers' ability to exit
Defendant's sites. These practices force consumers, including
children, to navigate through multiple windows displaying
solicitations for online gambling ... or pormography."
The complaint alleges violation of Section 5 of the Federal
Trade Commission Act, 15 U.S.C.
§ 45(a), which provides that "Unfair methods of
competition in or affecting commerce, and unfair or deceptive
acts or practices in or affecting commerce, are hereby
declared unlawful."
The District Court entered a temporary restraining order (TRO),
in effect until October 9, that bars defendant from "both
(1) the combined practice of redirecting and obstructing
consumers on the Internet or World Wide Web and (2)
obstructing consumers on the Internet or World Wide Web."
The TRO also bars defendant "from registering any new
domain names ... without notifying counsel for the Commission
within 24 hours." Finally, the TRO orders both the
defendant, and web hosting companies, to take down several web
pages that enable the mouse trapping aspect of the scam.
Speaking at a press conference on October 1 in the FTC's
Internet Lab, FTC Chairman Timothy Muris
stated that "this scheme prevents consumers from
controlling their internet browsers, invades their privacy,
robs them of their time, exposes kids to ads for pornography,
and violates trademark rights. And this scam, and ones like
it, undermine consumer confidence in the Internet. That's why
the FTC brought this action." See, Muris
statement.
This scam is a variation on a page jacking and mouse trapping
scam that the FTC shut down in FTC v. Pereira, U.S.
District Court Case No. 99-1367, filed on September 14, 1999.
See, TLJ stories, FTC
Obtains Injunction of Page Jacking and Mouse Trapping Scam,
September 24, 1999; How
the "Page Jacking" and "Mouse Trapping"
Web Scam Works, September 24, 1999; and Page
Jacking and Mouse Trapping, December 8, 1999.
Marc Groman is the lead attorney on this case. (D.C. No.
01-CV-4854, E.D. Penn.) |
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| FTC Chairman Muris to
Unveil Privacy Agenda |
| 10/1. The FTC announced
that its Chairman, Timothy Muris,
will give a speech at the Privacy 2001 Conference in
Cleveland, Ohio, on October 4 in which he will unveil the
FTC's privacy agenda. The FTC stated in a release
that Muris "has spent the past four months meeting with
agency staff, consumer groups, information technology
executives, academics, and several trade association
representatives on privacy issues." It continued that he
"will describe the specifics of how the FTC plans to
increase protection of consumer privacy in the market place by
focusing on: telemarketing, spam, ID theft, and pretexting, as
well as enforcement under the Fair Credit Reporting Act, the
Children's Online Privacy Protection Act (COPPA), the Gramm
Leach Bliley Act and the Telemarketing Sales Rule. He will
also discuss his views on legislative activities." |
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| 5th Circuit Grants En Banc
Rehearing in Veeck v. SBCCI |
5/27. The U.S. Court
of Appeals (5thCir) issued an order
granting a rehearing en banc in Veeck
v. SBCCI. A three
judge panel issued its divided opinion
on February 2, 2001, upholding the District Court's judgment
of copyright infringement. Both Courts held that a
copyrighted work does not lose it protection when adopted into
law.
Background. The Southern
Building Code Congress International (SBCCI) is a
nonprofit organization that develops, promotes, and
promulgates model building codes. Local governments, in turn,
enact its codes into law by reference, in whole, or in part.
SBCCI asserts a copyright in each of its codes. Peter Veeck,
who also uses the name Texoma Regional Web, operates a web site that
contains information about North Texas. Several towns in North
Texas have adopted SBCCI model codes. Veeck purchased from
SBCCI CDs with copies of the building codes. In disregard of
the software license and copyright notice, Veeck copied and
published these building codes into his web site.
District Court. SBCCI filed a complaint in U.S.
District Court (EDTex) against Veeck. The Court ruled on
cross motions for summary judgment that Veeck had infringed
valid copyrights, and permanently enjoined Veeck from further
infringement.
Appeals Court. A divided three judge panel affirmed.
The majority wrote that "if code writing groups like
SBCCI lose their incentives to craft and update model codes
and thus cease to publish, the foreseeable outcome is that
state and local governments would have to fill the void
directly, resulting in increased governmental costs as well as
loss of the consistency and quality to which standard codes
aspire. A second glance at the names of the amici supporting
SBCCI's position in this case provides an idea of the
potential sweep of a contrary holding that the authors of
model codes could not enforce copyrights in their works once
the ultimate reason for their very creation is realized."
See also, TLJ story, 5th
Circuits Affirms Judgment of Internet Copyright Infringement,
February 5, 2001. |
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| Novell Sues Microsoft Over
Marketing |
| 10/1. Novell filed a
complaint in U.S.
District Court (DUtah) against Microsoft alleging making
and distributing false and misleading statements about Novell
and its products in violation of state and federal laws.
Novell seeks injunctive relief, corrective advertising, a
recall of the false advertising, and money damages. At issue
are Microsoft statements about Novell's NetWare 6, the latest
version of its network operating system. See, Novell
release. |
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| NTIA Funds Cyber Cafe and
Surveillance Cameras |
10/1. The National
Telecommunications and Information Administration (NTIA)
announced the award of $42.8 Million in Technology
Opportunities Program (TOP) grants to 74 non profit
organizations. Among the funded projects are a cyber cafe for
gang members in Detroit, a network of surveillance cameras on
California beaches, and a web site containing pictures of
artifacts from Maine. The unifying theme of this year's grants
is that all projects make some use of the Internet. Other
projects will provide medical, public housing, and other
information through web sites. Other projects will provide
networking and training. See, NTIA release
and list
of grantees.
Cyber Cafe. One grant will provide $500,500 to
"develop a state of the art Cyber cafe and multi media
lab designed to provide employment opportunities to gang
involved youth" in Detroit, Michigan. See, project
description.
Bay Watch. Another grant will provide $557,378 to fund
a "network of video surveillance cameras and
meteorological instruments ... along Los Angeles's 72-mile
coastline". The purpose of this project is
"protecting the lives and property of the more than 50
million visitors that come from all over the world to swim,
surf, and recreate each year." See, project
description. |
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| Rep. Boehlert Addresses
Impact of Terrorism on R&D Funding and Immigration |
10/1. Rep. Sherwood
Boehlert (R-NY), Chairman of the House Science Committee,
gave a speech in Albany, New York, regarding the possible
impact of terrorism on federal science and technology research
and development funding, and higher education generally.
R&D Funding. Rep. Boehlert asked rhetorically,
"Do we need to redirect government or academic R&D in
the wake of the attacks?" He opined that "while
there are a few areas that need additional focus, the general
thrust of R&D need not change." However, he added
that R&D has been inadequate in "computer
security" and "improving the technical capabilities
of our law enforcement agencies." He said the Science
Committee will hold a hearing on computer security issues on
October 10.
He also said that there may need to be more focus on
"identification techniques – especially biometrics: the
use of iris patterns or heartbeat patterns or other aspects of
the human body to ensure that people are not using false
identities – may get a higher priority."
Immigration. He stated that "the United States has
to screen all visa applicants more thoroughly and needs to
keep better track of those who enter our country, and, in
particular, to crack down on those with expired visas. But we
must not imperil the openness of our universities, which are
magnets for students around the world, many of whom choose to
settle in the United States. Foreign students who remain here
are absolutely critical elements of our science and technology
workforce, and those who return home often increase the
goodwill toward the U.S. in their home countries." |
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| Supreme Court Begins New
Term |
10/1. The Supreme
Court of the United States held its opening conference of
the new term. It also released an Order
List [88 pages in PDF]. The Court denied petitions for
writ of certiorari in the following cases: Transglobal Telecom
v. AT&T (No. 01-101), El Paso Water Improvement v.
Southwestern Bell (No. 01-116), TCI Cablevision v.
Intellectual Property Dev. (No. 01-234), and Bonczyk v. USPTO
(No. 01-262).
The Order List also contains the following: "D-2270 IN
THE MATTER OF DISCIPLINE OF BILL CLINTON Bill Clinton, of New
York, New York, is suspended from the practice of law in this
Court and a rule will issue, returnable within 40 days,
requiring him to show cause why he should not be disbarred
from the practice of law in this Court." |
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| People and Appointments |
10/1. Martha Boersch was named Chief of the
Securities Fraud Unit in the U.S. Attorney's Office for the
Northern District of California. See, USAO
release.
10/1. Glenn Reynolds was named VP Federal Regulatory in
BellSouth's Washington DC, Governmental Affairs office. He
previously worked at the Federal
Communications CommissionFCC, most recently as acting
Deputy Chief of the Common
Carrier Bureau, where he had responsibility for issues
within the Bureau's Policy and Competitive Pricing Divisions.
See, BS
release. |
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| Computer Crime |
9/24. Brian West plead guilty in U.S.
District Court (EDOkla) to intentionally accessing
and obtaining information from a protected computer without
authorization through the use of an interstate communication
in violation of Title 18 U.S.C. § 1030(a)(2)(C). See, CCIPS
release.
9/25. David Horne plead guilty in U.S.
District Court (NDTex) to knowingly possessing child
pormography on his PC, which he downloaded from the Internet.
He faces a maximum term of imprisonment of five years and a
$250,000 fine. See, USAO
release. |
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| More News |
10/1. President Bush signed an executive
order establishing a President's Council of Advisors on
Science and Technology (PCAST).
10/1. The U.S. Court
of Appeals (DCCir) heard oral argument in AT&T
Wireless Services v. FCC, No. 00-1304. |
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| About Tech Law Journal |
Tech Law Journal is a free access web site and e-mail alert
that provides news, records, and analysis of legislation,
litigation, and regulation affecting the computer and Internet
industry. This e-mail service is offered free of charge to
anyone who requests it. Just provide TLJ an e-mail address.
Number of subscribers: 2,118.
Contact: 202-364-8882; E-mail.
P.O. Box 15186, Washington DC, 20003.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998 - 2001 David Carney, dba Tech Law Journal. All
rights reserved. |
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| Tuesday, October 2 |
The House will meet at 12:30 PM for morning hour, and at
2:00 PM for legislative business. There may be votes after
6:00 PM on bills considered under suspension of the rules.
The Supreme Court of
the United States will hear oral argument in NCTA v.
Gulf Power (No. 00-832) and FCC v. Gulf Power (No.
00-843), consolidated. See, calendar
[PDF].
10:00 AM. The Senate
Banking Committee will hold an oversight hearings to
examine the activities of the Trade Promotion Coordinating
Committee. The scheduled witnesses are Donald Evans (Secretary
of Commerce), John Robson (P/Ch of the Export-Import Bank),
Hector Barreto (Administrator of the SBA), Peter Watson (P/CEO
of the Overseas Private Investment Corporation), and Thelma
Askey (Director of the U.S. Trade and Development Agency).
Location: Room 538, Dirksen Building.
POSTPONED. 10:00
AM. The Senate
Judiciary Committee will continue its hearing on homeland
defense matters. (This hearing began on September 25. Attorney
General John Ashcroft testified regarding the
Administration's Anti Terrorism Act of 2001.) Sen. Patrick Leahy (D-VT)
will preside. Location: Room 216, Hart Building.
10:00 AM. The Institute for State Studies will hold a press
conference to advocate Internet taxes. The scheduled
speakers include Utah Governor Mike Leavitt and Donald Bruce
of the University of Tennessee. Location: Room 333, Hall of
States, 444 N. Capitol St. NW, Washington DC.
12:00 NOON. The Congressional Internet Caucus Advisory
Committee will host a panel discussion on electronic
surveillance issues. Lunch will be served. RSVP to Megan
Kinnaird or Catherine Parsons at 202-638-4370. Location:
Reserve Officers Association, One Constitution Ave, NE,
Washington DC. The speakers will be Viet Dinh (Assistant
Attorney General for Legal Policy), John Podesta (Georgetown University
Law Center), James Dempsey (Center
for Democracy and Technology), and Bruce Heiman (Preston
Gates).
4:00 - 5:30 PM. The Cato
Institute will host a panel discussion titled
"Fighting Terrorism, Preserving Civil Liberties."
The speakers will be Rep.
Bob Barr (R-GA), Solveig Singleton (Competitive Enterprise
Institute), Stuart Taylor (National Journal), and
Jonathan Turley (George
Washington University). Location: 1000 Massachusetts Ave.,
NW, Washington DC. |
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| Wednesday, October 3 |
10:00 AM. The Senate
Judiciary Committee's Subcommittee on the Constitution,
Federalism, and Property Rights will hold a hearing titled
"Protecting Constitutional Freedoms in the Face of
Terrorism." Sen.
Russ Feingold (D-WI) will preside. Location: Room 226,
Dirksen Senate Office Building.
10:00 AM. The House
Commerce Committee will hold a meeting to mark up three
bills. One pertains to bio terrorism. The second pertains to
threats to nuclear facilities. The third is a bill to clarify
the application of cable TV system privacy requirements to
new cable services. Location: Room 2123, Rayburn Building. |
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| Thursday, October 4 |
9:30 AM. The Senate
Governmental Affairs Committee will continue its hearing
on the security of critical governmental infrastructure. (It
began this hearing on September 12, 2001.) Location: Room 342,
Dirksen Building.
10:00 AM. The Senate
Judiciary Committee will hold an executive business
meeting. Sen. Leahy will preside. Location: Room 226, Dirksen
Building.
2:00 PM. The Senate
Judiciary Committee will hold a hearing on judicial
nominations. The following nominees will testify: Edith
Clement (nominated to be a U.S. Circuit Judge for the Fifth
Circuit), Karen Caldwell (U.S.D.C., E.D. Kentucky), Laurie
Camp (U.S.D.C., Nebraska), Claire Eagan (U.S.D.C., N.D.
Oklahoma), James Payne (U.S.D.C., Kentucky), and Jay Bybee
(Assistant Attorney General for the Office of Legal Counsel). Sen. Herb Kohl (D-WI) will
preside. Location: Room 226, Dirksen Building.
2:00 PM. The House
Government Reform Committee's Subcommittee on Technology
and Procurement Policy will hold a hearing titled
"Transforming the IT and Acquisition Workforces: Using
Market-Based Pay, Recruiting Strategies to Make the Federal
Government an Employer of Choice for IT and Acquisition
Employees" Location: Room 2154, Rayburn Building.
First day one of a two day conference hosted by the Department
of Commerce's Bureau of
Export Administration on export control law. This is the
14th annual east coast "Update Conference on Export
Controls and Policy." It will cover U.S. export control
policies, regulations, and procedures through a wide array of
plenary sessions and workshops. The price is $595. See, BXA's
web page on the conference. Location: Hilton Washington
Hotel, Washington DC.
Deadline to submit reply comments to the FCC regarding SBC's Section 271 application
to provide interLATA service in the states of Arkansas and
Missouri. (CC Docket No. 01-194.) See, FCC
notice [PDF]. |
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| Friday, October 5 |
9:30 AM. There will be a press briefing on possible remedies
in the Microsoft antitrust case. For more information, contact
Bert Foer, American
Antitrust Institute, at 202-244-9800 or by email.
Location: West Room, National
Press Club, 529 14th St. NW, 13th Floor, Washington DC.
10:00 AM. The House
Government Reform Committee's Subcommittee on Government
Efficiency, Financial Management, and Intergovernmental
Affairs will hold a hearing titled "Information
Technology -- Essential Yet Vulnerable: How Prepared Are We
for Attack?" Location: Room 2154, Rayburn Building.
12:15 PM. The Federal
Communications Bar Association's (FCBA) Wireless
Telecommunications Practice Committee will host a lunch. The
speakers will be Kathleen Ham and Jim Schlichting,
Deputy Chiefs of the FCC's Wireless
Telecommunications Bureau. The price to attend is $15.
Register with wendy@fcba.org
by 5:00 PM on October 2. Location: Sidley & Austin, 1501 K
Street, NW Conference Room 6-E, Washington DC.
Second day one of a two day conference hosted by the
Department of Commerce's Bureau
of Export Administration on export control law.
Deadline to submit reply comments to the FCC in response to
its Notice of Proposed Rulemaking (NPRM) regarding the concept
of a unified intercarrier compensation regime, including
reciprocal compensation, and alternative approaches such as
"bill and keep." See, notice
in Federal Register, May 23, 2001, Vol. 66, No. 100, at Pages
28410 - 28418. |
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