| TechNet Makes Broadband
Policy Recommendations |
| 1/15. The Technology
Network (TechNet) released a document
[PDF] titled "A National Imperative: Universal
Availability of Broadband by 2010" in which it calls on
policy makers to "make broadband a national priority and
to set a goal of making an affordable 100 megabits per second
broadband connection available to 100 million American homes
and small businesses by 2010." The report also lists
numerous policy recommendations. |
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| SEC Fines BellSouth |
1/15. The Securities and
Exchange Commission (SEC) filed a civil complaint in U.S. District Court (NDGa)
against Bellsouth
alleging violations of federal securities laws. The SEC also
instituted a related administrative proceeding against
BellSouth. Both proceedings pertain to BellSouth's actions and
omissions relating to its Latin American subsidiaries in
Venezuela (Telcel) and Nicaragua (Telefonia Celular de
Nicaragua). See also, SEC litigation
release and order
instituting administrative proceeding.
The SEC found in its order that BellSouth violated §§ 13(b)(2)(A)
and 13(b)(2)(B) of the Securities Exchange Act of 1934. It
further ordered BellSouth to cease and desist from committing
any further violations. These sections are the "books and
records" and "internal controls" provisions,
respectively, of the Foreign Corrupt Practices Act (FCPA). The
SEC found that "Telcel created false books and records by
improperly recording the falsely documented, unsubstantiated
payments to the offshore companies as bona fide services. In
addition, Telcel's internal controls failed to detect the
unsubstantiated payments for a period of at least two
years."
The SEC also found that Telefonia created false books and
records by improperly recording payments to the wife of a
Nicaraguan legislator as "consulting services".
BellSouth consented to the entry of this cease and desist
order. It also consented to entry of judgment in the court
proceeding directing it to pay a $150,000 civil penalty. |
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| FCC Sets Comment Deadlines
in Rule Making Proceedings |
1/15. The Federal
Communications Commission (FCC) published a notice
in the Federal Register in which it set deadlines for public
comments in response to its notice of proposed rulemaking (NPRM)
regarding the appropriate regulatory requirements for
incumbent local exchange carriers' (ILECs') provision of
broadband telecommunications services. The FCC adopted this
NPRM at its December 12 meeting. Comments are due March 1,
2002; and reply comments are due April 1, 2002. This is CC
Docket No. 01-337. See, Federal Register, January 15, 2002,
Vol. 67, No. 10, at Pages 1945 - 1947.
1/15. The Federal Communications
Commission (FCC) published a notice
in the Federal Register in which it set deadlines for public
comments in response to its notice of proposed rulemaking (NPRM)
regarding its unbundling analysis under § 251
of the Communications Act and the identification of specific
unbundling requirements for incumbent local exchange carriers
(ILECs). The FCC adopted this NPRM at its December 12 meeting.
Comments are due March 18, 2002; reply comments are due April
30, 2002. This is CC Docket No. 01-338. See, Federal Register,
January 15, 2002, Vol. 67, No. 10, at Page 1947 - 1953. |
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| EPIC Files FOIA Suit
Seeking LEAs' Records Re Purchase of Personal Data |
1/15. The Electronic Privacy
Information Center (EPIC) filed a complaint
in U.S. District Court (DC)
against the Department of
Justice (DOJ) and the Department
of the Treasury (DOT) alleging violation of the Freedom of
Information Act (FOIA), 5 U.S.C.
§ 552. The complaint alleges that the EPIC submitted FOIA
requests for records pertaining to the purchase of personal
information from the private sector by law enforcement
agencies that are a part of the DOJ or DOT, including the
Federal Bureau of Investigation (FBI) and Internal Revenue
Service (IRS). The complaint further alleges that the DOJ and
DOT failed to respond fully to the FOIA requests. The EPIC
seeks an order directing the DOJ and DOT to disclose the
requested records in their entireties.
The complaint references an article in the Wall Street Journal
reporting that federal law enforcement agency "employees
had electronic access to citizens' assets, phone numbers,
driving records, and other personal information from their
desktop computers."
The complaint further states that "The use of private
sector databases of personal information enables the
government to obtain detailed information on citizens while
avoiding the creation of files that would implicate
protections provided under the Privacy Act ..." See, 5 U.S.C.
§ 552a.
The EPIC seeks to compel the various law enforcement agencies
that are a part of the DOJ and DOT to produce "all
records relating to transactions, communications, and
contracts concerning businesses that sell individuals'
personal information."
Chris Hoofnagle, who is listed as lead counsel for the EPIC in
the complaint, stated in a release
that "Through the mining of public records and the
purchase of credit reporting data, private sector companies
are amassing troves of personal information on citizens for
the government ... Serious questions exist involving citizen
access to profiles, their accuracy, and the potential for
misuse of personal information." |
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| Internet Securities Fraud |
| 1/14. The Securities and
Exchange Commission (SEC) filed a civil complaint in U.S. District Court (SDCal)
against three individuals and four related entities alleging
violation of § 17(a) of the Securities Act of 1933,
§ 10(b) of the Securities Exchange Act of 1934, and Rule
10b-5 thereunder. The complaint alleges that the defendants
engaged in an Internet based "pump and dump" scheme.
The complaint alleges that defendants acquired stocks, touted
them in a web site named Red Hot Stocks, and then sold them.
See, SEC
release. |
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| More News |
1/15. President Bush gave a speech
in New Orleans, Louisiana, in which he advocated passage of
legislation giving the President trade promotion authority,
also known as fast track authority.
1/15. The Communications for
Coordinated Assistance and Response to Emergencies Alliance
(Comcare) released a report
titled "The E-Safety Program To Make Americans
Safer". See also, executive
summary. The report offers a set of policy recommendations
for improving emergency communications. It recommends more
wireless and wireline capacity; continued deployment of E-911
service, and its extension to automobiles; and federal funding
for training, education, and research. It also recommends that
"first responders and their supporting agencies could be
connected to each other through a national emergency
electronic registry, data sharing systems, mapping, and other
applications that could send real time emergency information
to and from multiple agencies." |
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| Wednesday, Jan 16 |
8:30 AM - 5:00 PM. The North American Numbering Council (NANC)
may continue its meeting of January 15, if necessary.
Location: FCC, 445 12th Street, SW, Room TW-C305 (Commission
Meeting Room).
11:00 AM. The Cato Institute
will host a panel discussion titled "Closing 'Windows' on
Antitrust or Opening a New Era of Intervention? Competition
Policy after the Microsoft Settlement". The participants
will be Jeffrey Eisenach (Progress
and Freedom Foundation), Robert Levy (Cato), Kenneth Starr
(Kirkland & Ellis), Jonathan Zuck (Association for Competitive
Technology), and James Miller (Citizens for a Sound
Economy). A luncheon will follow. See, online
registration page. Location: Cato Institute, 1000
Massachusetts Avenue, NW. |
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| Thursday, Jan 17 |
9:30 AM. The Federal
Communications Commission (FCC) will hold a meeting that
will focus on a review of FCC policies and procedures by the
Commissioners and senior agency officials. There will be three
panel presentations. Panel One will include Chiefs of the Mass
Media Bureau, Cable Service Bureau and Common Carrier Bureau.
Panel Two will include the Chiefs of the Consumer Information
Bureau and the Enforcement Bureau. Panel Three will include
the Chiefs of the Office of Engineering and Technology, the
International Bureau, and the Wireless Telecommunications
Bureau. See, FCC
release. Location: FCC, Commission Meeting Room (Room
TW-C305), 445 12th Street, SW.
7:00 PM. Jim
Dempsey (Deputy Director of the CDT) and David Cole (Georgetown law school)
will discuss the newly revised and expanded edition of their
book titled "Terrorism and the Constitution: Sacrificing
Civil Liberties in the Name of National Security". See, Amazon
listing. Location: Politics and Prose
Bookstore, 5015 Connecticut Ave., NW. (This is at the
corner of Connecticut and Nebraska. It is one mile north of
the Van Ness Metro stop.) |
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| Monday, Jan 21 |
| Martin Luther King Day. The FCC and other federal offices
will be closed. |
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