| Bush Issues Executive Order
on Cyber Security |
10/16. President Bush issued an executive
order titled "Critical Infrastructure Protection in
the Information Age". This order creates the
"President's Critical Infrastructure Protection
Board", yet another executive branch board to coordinate
federal efforts and programs to protect information systems.
The order provides that "the Board shall recommend
policies and coordinate programs for protecting information
systems for critical infrastructure, including emergency
preparedness communications, and the physical assets that
support such systems." The board's responsibilities
will extend to information systems and emergency preparedness
communications.
The order also lists specific responsibilities of this newly
created board, including: coordinating outreach to and
consultation with the private sector; promoting information
sharing with industry, state and local governments, and non
governmental organizations; coordinating programs and policies
for responding to information systems security incidents;
coordinating federal research and development; and promoting
cyber crime programs, assisting federal law enforcement
agencies in gaining cooperation from executive branch
departments and agencies, and supporting federal law
enforcement agencies' investigation of illegal activities
involving information systems for critical infrastructure.
The board will be large, and will be made up of cabinet
members and other executive branch officials. The FCC will
have one representative on the board.
The order also creates a "National Infrastructure
Advisory Council", an advisory body made of
representatives of the private sector, academia, and state and
local government. It "shall provide the President advice
on the security of information systems for critical
infrastructure supporting other sectors of the economy:
banking and finance, transportation, energy, manufacturing,
and emergency government services."
The order further provides that the new board "shall work
in coordination with the Critical
Infrastructure Assurance Office (CIAO) and the National Institute of Standards
and Technology of the Department of Commerce, the National Infrastructure
Protection Center (NIPC), and the National Communications System
(NCS)."
The order also references technological convergence. It states
that "Changes in technology are causing the convergence
of much of telephony, data relay, and internet communications
networks into an interconnected network of networks. The NCS
and its National Coordinating Center shall support use of
telephony, converged information, voice networks, and next
generation networks for emergency preparedness and national
security communications functions assigned to them in
Executive Order 12472." EO 12472
created the NCS in 1984. |
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| Cyber Terrorism Panels to
Meet |
10/16. Cyberterrorism will be the topic of two events in
Washington this week. On Wednesday, October 17, at 10:00 AM,
the House Science
Committee will hold a hearing titled "Cyber Terrorism
-- A View From the Gilmore Commission."
On Thursday morning, October 18, the Center for Strategic and
International Studies (CSIS) will host a half day
conference titled "Strengthening Homeland Cyberdefense."
Ron Dick, Director of the FBI's National
Infrastructure Protection Center, will speak at 9:25 AM.
There will be a panel titled "A Policy Agenda for
Homeland Cyberdefense," at 9:45 AM, with Sen. Bob Bennett (R-UT)
and Rep. Sherwood
Boehlert (R-NY). There will be a panel titled "The
Private Sector and Homeland Cyberdefense" at 11:00 PM.
The panelists will be Steve Blumenthal (Genuity), George
Conrades (Akamai), David Langstaff (Veridian), Gail Phipps (CACI
International), Ernst Volgenau (SRA International), and John
Tritak (Critical Infrastructure Assurance Office). John Hamre,
P/CEO of the CSIS, and Harris Miller, P/CEO of the ITAA,
will also speak. See also, CSIS notice. |
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| NIPC Issues Report on Cyber
Protest Hacking |
| 10/16. The FBI's NIPC
released a report
[PDF] titled "Cyber Protests: The Threat to the U.S.
Information Infrastructure." The report states that while
"cyber protests that have occurred thus far have had
little impact on U.S. infrastructure ... Cyber protesters are
becoming increasingly more organized and their techniques more
sophisticated but, most likely, will continue to deface web
sites and perform DoS attacks." Tthe report also reviews
the history of politically motivated hacking by Chinese,
Israeli, Palestinian, Pakistani, Indian, and Japanese hackers. |
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| FCC May Fine SBC $2.52
Million for False Statements |
10/16. The FCC announced
its intent to fine SBC $2.52 Million for filing inaccurate
information in the Section
271 proceeding pertaining to Kansas and Oklahoma. The FCC
issued a Notice
of Apparent Liability and Order and a release
[PDF] summarizing the order.
The FCC found that SBC submitted affidavits containing false
information in support of its request for permission to
provide long distance service in Kansas and Oklahoma. However,
the FCC found that the conduct was negligent, rather than
deliberate.
Russell Frisby, President of Comptel,
stated in a release
that "The fine issued by the FCC this afternoon is the
regulatory equivalent of a 'five dollar' parking ticket.
CompTel is disappointed that the FCC did not take stronger
action and send a message to SBC that the Commission is
serious about its role in opening local phone markets and that
the accuracy of information filed at the Commission is
paramount." |
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| 7th Circuit Rules in Lanham
Act 43(a) Case |
| 10/16. The U.S.
Court of Appeals (7thCir) issued its opinion
in First
Health Group v. BCE Emergis, a suit involving
Section 43(a) of the Lanham Act. Plaintiff, an intermediary
between hospitals and insurers, filed a complaint in U.S.
District Court (NDIll) against defendant, another such
intermediary, alleging that defendant's use of the term
"preferred provider organization" was misleading,
and violated Section 43(a)(1)(B) of the Lanham Act, 15
U.S.C. § 1125(a)(1)(B). The District Court granted
summary judgment to defendant. The Court of Appeals affirmed.
Judge Easterbrook wrote: "This entire suit strikes us as
one designed to hamstring a competitor whose success reflects
its ability to please its trading partners. If the vocabulary
of a business such as [defendant] is to be revised, that is a
job for legislatures and regulatory agencies, rather than for
judges and juries in suits under the Lanham Act and state
consumer- fraud statutes." |
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| Anti Terrorism Legislation
and Liberty |
10/16. The House and Senate have yet to reconcile the
differences between their two anti terrorism bills, S 1510,
the USA Act, and HR 2975,
the PATRIOT Act.
On Thursday, October 18, The New Republic will host a panel
discussion titled "Security v. Liberty: Is There a
Choice?" The speakers will be James Woolsey (a former CIA
Director), Rep. Bob Barr
(R-GA), Marc Rotenberg (EPIC), Fred
Cate (University of Indiana), and Jeffrey Rosen (The New
Republic). This event will be at 6:30 PM at National Press Club.
The Cato Institute
published a paper
[PDF] titled "Watching You: Systematic Federal
Surveillance of Ordinary Americans", by Charlotte Twight.
See also, executive
summary [HTML]. |
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| House Passes Internet Tax
Nondiscrimination Act |
10/16. The House passed HR 1552, the Internet
Non-Discrimination Act, by a unanimous voice vote. This bill
extends the current moratorium on Internet access taxes, and
multiple and discriminatory taxes on Internet commerce, for
two years. The current ban expires on October 21. The measure
was considered under suspension of the rules, meaning that it
could not be amended, and required a two thirds majority for
passage. The Senate has yet to pass legislation to extend the
ban.
Sen. Ron Wyden (D-OR)
stated in a release that "Congressman Cox and I have been
working together for a long time to ban discriminatory
Internet taxes ... I hope his success today in the House will
pave the way for the Senate to expeditiously approve a similar
two year extension of the moratorium. I'm engaged in a
bipartisan full court press to get the Senate to pass a
two-year extension before the moratorium expires this Sunday
so the Senate can return to its constructive conversations
regarding a more permanent solution." |
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| SEC Commissioner Unger
Advocates Securities Law Reform |
10/16. SEC Commissioner
Laura Unger gave a speech
in which she advocated updating securities laws and
regulations in light of Internet technologies.
She stated that "the current regulatory system was
created in a time when technology was not what it is
today." She said that some areas "particularly need
reform. The first is embracing technology and the Internet in
the offering process. Although companies raised more than $400
billion in the U.S. private market last year, the Commission's
rules constrain companies from taking advantage of low-cost
electronic communications to raise capital from potentially
qualified investors. Eliminating the 'general solicitation'
prohibition in the private market would enable small companies
to use the Internet to reach a wider breadth of potentially
qualified investors."
Second, she advocated reforming "the distinctions between
oral and written communications that have become anomalous
with advancements in technology. Is streaming video 'oral'
until it is archived? The legal distinctions between written
and oral communications mostly discourage disclosure - which
does not make for an efficient market. For example, to prevent
issuers from 'conditioning the market' during an offering,
current rules limit how and what issuers communicate to the
public." She also addressed the oral versus written
distinction in the context of electronic roadshows.
Third, Unger stated that "the Internet could speed up the
'back office' part of transactions - especially IPO
investments. Although technology means that access to an
issuer's prospectus can be real time, the Commission continues
to insist on brokers satisfying the prospectus 'delivery'
obligation. Any new system will have to consider whether and
to what extent access may be deemed delivery."
Commissioner Unger spoke to the Westchester / Southern
Connecticut Chapter of The American Corporate Counsel
Association. |
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| Senate Committee Holds
Hearing on E-911 |
10/16. The Senate
Commerce Committee held an oversight hearing to examine
the implementation of the Wireless Communication and Safety
Act and the integration of emergency 911 technologies. This
hearing had originally been scheduled for September 11.
Senators encouraged accelerated implementation. Tom Sugrue of
the FCC's Wireless
Telecommunications Bureau said that "the Commission
is serious about ensuring the deployment of wireless
E911."
In 1996, the FCC adopted rules which set October 1, 2001 as
the deadline for wireless carriers to begin the process of
deploying technology to accurately report the location of
wireless 911 calls. In 1999, the Congress passed the Wireless
Communications and Public Safety Act, which mandated 911 as
the universal number for emergency calling and addressed
carrier liability protection and privacy issues. Earlier this
month the FCC extended the October 1 deadline for five major
carriers. See, FCC
release.
Sen. Ron Wyden (D-OR)
and Sen. Daniel Inouye
(D-HI) presided at the hearing. Sen. Conrad Burns (R-MT)
and Sen. Gordon Smith
(R-OR) also participated. Sen. Wyden stated, "I don't
want this to become the longest running battle since the
Trojan War." Sen. Inouye said to Thomas Sugrue that
"September 11 demonstrated to us how important 911 was
... So, I hope you will get out the whip."
See also, prepared testimony of witnesses in PDF: Thomas
Sugrue (FCC Wireless Telecom Bureau), Michael
Amarosa (TruePosition, Inc.), Jenny
Hansen (State of Montana), John
Melcher (National Emergency Number Assoc.), Brett
Sewell (SnapTrack, Inc.), and Thomas
Wheeler (CTIA). |
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| FTC Takes Action Against
Online Fraud |
10/11. The FTC filed civil
complaint in U.S.
District Court (WDWash) against Bargains & Deals
Magazine and its principal, Michael Casey, alleging that they
made misrepresentations over the Internet to induce consumers
to purchase merchandise, and then either failed to deliver the
merchandise promised or did not send any merchandise. The
complaint alleges violation of the FTC Act, 15 U.S.C. § 41
et seq., and the FTC's Mail Order Rule. The FTC also obtained
a temporary restraining order. See, FTC release.
10/11. The FTC filed an administrative complaint
against FanBuzz, Inc., alleging that its sold textile products
over the Internet without disclosing whether such products
were made in the U.S.A., in violation of the FTC Act and the
Textile Fiber Products Identification Act. The FTC and FanBuzz
also filed an Agreement
Containing Consent Order, which prohibits future violations.
10/16. The FTC published a notice
in the Federal Register of the FanBuzz settlement; this notice
also sets November 11, 2001 as the deadline for public
comments. See, Federal Register, October 16, 2001, Vol. 66,
No. 200, at Pages 52625 - 52626. |
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| Novell v. Microsoft |
10/15. Novell stated
that Microsoft "has agreed to stop the dissemination of
statements about Novell that are the center of Novell's false
advertising lawsuit filed Oct. 1 against Microsoft. Microsoft
has also agreed to send a retraction letter along with
corrective information ..." See, Novell
release.
Novell filed a complaint
in U.S. District Court (DUtah) against Microsoft alleging that
Microsoft made false and misleading statements about Novell's
NetWare 6. Novell alleged violation of § 43(a) of the Lanham
Act, 15
U.S.C. § 1125(b), and violation of the Utah Truth in
Advertisings Act. |
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| Transition to Digital TV |
10/16. The House
Commerce Committee's Subcommittee on Telecommunications
and the Internet will hold a hearing on Thursday, October 18,
titled "Transition to Digital Television: Progress on
Broadcaster Buildout and Proposals to Expedite Return to
Spectrum." The witnesses will be Rick Chessen (Associate
Bureau Chief, Mass Media Bureau, FCC), Jim Yager (P/CEO of
Benedek Broadcasting Corporation), Michael McCarthy (SVP of
Belo Corporation), John Lawson (P/CEO of APTS), Dean Goodman
(COO of PAXtv), Paul Crouch (President of Trinity Broadcasting
Network), David Donovan (President of MSTV), Michael Petricone
(VP of Consumer Electronic Association), Richard Green (P/CEO
of CableLabs), and Brian Lamb (P/CEO C-SPAN).
10/16. The NCTA
submitted a report
[PDF] regarding digital must carry requirements to the FCC. It
rebuts the NAB's filing
[PDF] to the FCC of August 14. |
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| Wednesday, Oct 17 |
The Senate reconvenes at 10:00 AM. It will continue
consideration of HR 2506, the Foreign Operations, Export
Financing, and Related Programs Appropriations Act for FY
2002. The Senate may also take up the conference report to
accompany HR 2217, the Interior Appropriations Act for FY
2002.
9:30 AM. The Senate
Banking Committee will hold a hearing on the nominations
of Susan Bies and Mark Olson to be members of
the Board of Governors of the Federal Reserve System.
Location: Room 538, Dirksen Building.
10:00 AM - 12:00 NOON. The House Science Committee
will hold a hearing titled Cyber Terrorism -- A View From
the Gilmore Commission. Location: Room 2318, Rayburn
Building.
10:00 - 11:30 AM. The Progressive
Policy Institute (PPI), a Democratic think tank, will host
a forum regarding new technologies for aviation security,
such as biometrics and smart cards, and pending aviation
security legislation. The speakers will include Rep. Mike Honda (D-CA),
Rep. Jim Matheson
(D-UT), Rob Atkinson (PPI VP), and industry representatives.
See, PPI
release. Location: Room 210, Cannon Building.
CANCELLED. 10:00
AM. The Senate
Judiciary Committee will hold a hearing to examine
homeland defense matters. Location: Room 106, Dirksen
Building.
12:15 PM. The Federal
Communications Bar Association's (FCBA) Mass Media
Practice Committee will host a brown bag lunch. The speakers
will be the FCC Commissioners' legal advisors on mass media
issues: Susan Eid (Powell), Stacy Robinson (Abernathy), Susana
Zwerling (Copps), and Catherine Bohigian (Martin). RSVP to
Kathy Dole at kdole@npr.org.
Location: National Public Radio, first floor conference room,
635 Massachusetts Ave., NW, Washington DC.
2:00 PM. The House
Government Reform Committee's Subcommittee on Technology
and Procurement Policy will hold a hearing titled
"Turning the Tortoise Into the Hare: How the Federal
Government Can Transition From Old Economy Speed to Become a
Model for Electronic Government." Location: Room 2154,
Rayburn Building. |
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| Thursday, Oct 18 |
Day one of a three day conference of the American
Intellectual Property Law Association (AIPLA). Location:
Crystal Gate Marriott Hotel, 1700 Jefferson Davis Highway,
Arlington, Virginia.
9:00 AM - 12:30 PM. The Center
for Strategic and International Studies (CSIS) will host a
half day conference titled Strengthening Homeland
Cyberdefense. The speakers will include Sen. Robert Bennett
(R-UT), Rep. Sherwood
Boehlert (R-NY), Ron Dick (NIPC Director). See, CSIS notice.
Location: CSIS, 1800 K Street, NW, B-1 conference level,
Washington DC.
9:30 AM. The House
Commerce Committee's Subcommittee on Telecommunications
and the Internet will hold a hearing titled Transition to
Digital Television: Progress on Broadcaster Buildout and
Proposals to Expedite Return to Spectrum. Rep. Fred Upton (R-MI)
will preside. Location: Room 2123, Rayburn Building.
9:30 AM. The U.S.
Court of Appeals for the District of Columbia Circuit will
hear oral argument in Celtronix Telemetry v. FCC, No.
00-1400. Judges Ginsburg, Williams and Henderson will preside.
Location: 333 Constitution Ave., NW, Washington DC.
9:30 - 11:30 AM. The American
Enterprise Institute (AEI) will host another program in
its Seminar Series in Telecommunications Deregulation. This
event is titled "On Refusing to Deal with Rivals."
The speaker will be Glen
Robinson of the University of Virginia School of Law. The
price to attend is $5 (waived for AEI supporters, government
employees, and media). Location: AEI Wohlstetter Conference
Center, Twelfth Floor, 1150 17th Street, NW, Washington DC.
10:00 AM. The House
Judiciary Committee's Subcommittee on Courts, the
Internet, and Intellectual Property will hold a hearing titled
Intellectual Property Litigation. Location: Room 2141,
Rayburn Building.
12:00 NOON. The Heritage
Foundation will host a panel discussion titled Freedom
and Security: Preserving Constitutional Liberties in Times of
War. The speakers will be Jennifer Neustead (Office of
Legal Policy, DOJ), Lee Casey (Baker & Hostettler), Todd
Gaziano (Heritage), and Ed Meese (Heritage). Location:
Heritage Foundation, 214 Massachusetts Ave NE, Washington DC.
2:00 PM. The Senate
Judiciary Committee will hold hearings on pending
nominations. Location: Room 226, Dirksen Building.
2:30 - 4:00 PM. The American
Enterprise Institute (AEI) will host a panel discussion
titled Trade Promotion Authority -- What's the Bottom Line
for Congress? The speakers will be Jagdish Bhagwati
(Columbia University), I.M. Destler (University of Maryland),
Brink Lindsey (Cato Institute), and Daniel Tarullo (Georgetown
University). See, online
registration page. Location: AEI Wohlstetter Conference
Center, Twelfth Floor, 1150 17th Street, NW, Washington DC.
6:30 PM. The New Republic will host a panel discussion titled Security
v. Liberty: Is there a choice? Location: Holman Lounge, National Press Club, 529 14th
Street, NW, Washington DC. |
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| Friday, Oct 19 |
Day two of a three day conference of the American
Intellectual Property Law Association (AIPLA). Location:
Crystal Gate Marriott Hotel, 1700 Jefferson Davis Highway,
Arlington, Virginia.
9:30 AM. The National
Association of State Boards of Education (NASBE) will hold
a press conference to release a report titled "Any Time,
Any Place, Any Path, Any Pace: Taking the Lead on e-Learning
Policy." For more information, contact Dave Griffith at
703-684-4000. Breakfast will be served at 9:00 AM. See, NASBE
release. Location: Lisagor Room, National Press Club, 529 14th
Street, NW, Washington DC. |
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| More News |
10/16. President Bush signed HR 1860, the "Small
Business Technology Transfer Program Reauthorization Act of
2001," which extends the authority for the Small Business
Technology Transfer Program through FY 2009. See, White
House release.
10/16. USTR Robert Zoellick
gave a speech, and answered questions, in Singapore, regarding
trade, and a new round of WTO negotiations. See, transcript.
10/16. The U.S. Court
of Appeals for the District of Columbia Circuit heard oral
argument in COMSAT Corp v. FCC, No. 00-1458.
10/16. Verizon named Allan Thoms to the newly created
position of Vice President - Public Policy and External
Affairs for Verizon's Northwest Region. He will be responsible
for regulatory, governmental and external affairs for Verizon
in Washington, Oregon and Idaho. See, Verizon
release. |
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