| House Judiciary Committee
to Mark Up Tech Bills |
4/16. The House
Judiciary Committee announced that it will hold a meeting
on Thursday, April 18, to mark up several bills, including HR 3482,
the Cyber Security Enhancement Act of 2001, and HR 3215,
the Combatting Illegal Gambling Reform and Modernization Act.
Cyber Security. HR 3482, sponsored by Rep. Lamar Smith
(R-TX), contains provisions relating to sentencing guidelines
for computer hacking crimes, authority of Internet service
providers (ISPs) and others to voluntarily disclosure the
content of communications to law enforcement and other
government entities, appropriations for the National Infrastructure Protection
Center (NIPC), the creation of an Office of Science and
Technology at the Department
of Justice (DOJ), and other topics.
The bill further amends several sections of the criminal code
that were just recently amended by the USA PATRIOT Act, which
is also known as the anti terrorism bill. On February 26, the
House Crime Subcommittee adopted amendment
in the nature of a substitute, and a further amendment
offered by Rep.
Sheila Lee (D-TX). See also, article on the subcommittee
markup in TLJ
Daily E-Mail Alert No. 337, Feb. 27, 2002, and article on
the subcommittee hearing in TLJ
Daily E-Mail Alert No. 367, Feb. 13, 2002.
Internet Gambling. HR 3215 is Rep. Bob Goodlatte's
(R-VA) latest attempt to pass legislation limiting Internet
gambling. It would amend 18 U.S.C. §§ 1081 and 1084, which
contain the definitions and prohibition, respectively, of the
Wire Act. The Wire Act currently criminalizes the use of
"wire communications facilities" in interstate
commerce for gambling. The Wire Act does not ban gambling.
This is a matter of state law. HR 3215 expands the
prohibition to cover all communications between states or with
other foreign countries. It maintains the principle that
gambling is otherwise a matter of state law. Hence, under HR 3215,
use of the Internet for gambling purposes would become illegal
(if interstate or foreign).
The criminal prohibition of the Wire Act, 18
U.S.C. §§ 1084, currently provides that "Whoever
being engaged in the business of betting or wagering knowingly
uses a wire communication facility for the transmission in
interstate or foreign commerce of bets or wagers ... shall be
fined under this title or imprisoned not more than two years,
or both." Since the current statute affects only wire
communication facilities, and some Internet communications do
not involve wires, it leaves open the possibility that some
Internet gambling may not be illegal under the Wire Act.
HR 3215 provides that "whoever, being engaged in a
gambling business, knowingly (1) for the transmission in
interstate or foreign commerce ..." or between the U.S.
and abroad "... of bets or wagers ... shall be fined
under this title or imprisoned not more than five years, or
both." Hence, it pertains to all communications, not just
wire communications.
Also, HR 3215 would amend 18
U.S.C. § 1081, which currently defines ''wire
communication facility'' as "any and all
instrumentalities, personnel, and services (among other
things, the receipt, forwarding, or delivery of
communications) used or useful in the transmission of
writings, signs, pictures, and sounds of all kinds by aid of
wire, cable, or other like connection between the points of
origin and reception of such transmission." As amended,
it would provide that "communications facility"
means "any and all instrumentalities, personnel, and
services (among other things, the receipt, forwarding, or
delivery of communications) used or useful in the transmission
of writings, signs, pictures, and sounds of all kinds by aid
of wire, cable, satellite, microwave, or other like connection
(whether fixed or mobile) between the points of origin and
reception of such transmission."
HR 3215 would also criminalize "the transmission of a
communication in interstate or foreign commerce ... which
entitles the recipient to receive money or credit as a result
of bets or wagers, or for information assisting in the placing
of bets or wagers".
HR 1877,
the Child Sex Crimes Wiretapping Act of 2001, is also
scheduled for mark up on April 18. This bill would amend 18
U.S.C. § 2516(1)(c) to provide that that certain sezual
crimes against children are predicate crimes for the
interception of communications. |
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| Senate Commerce Committee
Holds Hearing on TA, NIST and ATP |
4/16. The Senate
Commerce Committee held a hearing on the Technology Administration
and the National Institute of
Standards and Technology (NIST), including the Advanced Technology Program.
Sen. Ernest Hollings
(D-SC), the Chairman of the Committee, said in his opening
statement that "we continue to be embroiled in an
annual tug of war on funding for the Advanced Technology
Program, known as ATP. I am encouraged that Secretary Evans
and Deputy Secretary Bodman want to stabilize this
program."
Samuel Bodman, Deputy Secretary of the Commerce Department, addressed
the ATP in his prepared
testimony. He stated that "our review concluded that
some reforms are needed", including "Offering
universities increased incentive to participate in developing
commercially relevant technologies by allowing them to
negotiate with joint venture partners over the rights to hold
the intellectual property that results from research".
Bodman also addressed several NIST computer technology
initiatives. For example, he stated that "NIST is
proposing to increase the resources devoted to its Program for
Accelerating Critical Information Technologies. This increase
in emphasis will support the development of networked systems
of embedded devices (``EmNets´´) to detect, prevent, and
respond to natural and human caused disasters. As computing
device costs decline and capabilities increase, devices and
sensors will be embedded in buildings, office spaces,
manufacturing floors, transportation medians, and appliances
and will be interconnected using wired or wireless
networks."
Bodman also addressed NIST's Computer Security Expert Assist
Team. He stated that this team "assists other Federal
agencies on a cost reimbursable basis. Federal agencies are
taking action to improve security, but most do not understand
what actions to take or in what order. NIST staff includes
world leaders in all aspects of information security."
See also, prepared testimony of other witnesses, Anne
Armstong (Virginia's Center for Innovative Technology), Lewis
Branscomb (Harvard), and Scott
Donnelly (General Electric). |
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| FTC To Hold Workshops on
Merger Investigation Best Practices |
4/16. The Federal Trade
Commission's (FTC) Bureau of Competition announced that it
will hold a series of public workshops on merger investigation
best practices in June and July. See, FTC
release.
The workshops will be held in Washington DC (June 3, June 27,
and July 10), San Francisco (June 5), Los Angeles (June 25),
Chicago (June 18), and New York City (June 12). There will be
five workshops with a general agenda, and two with specialized
agendas: electronic records, and accounting and financial
data. |
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| Supreme Court Upholds
Speech Rights of Child Pormographers |
4/16. The Supreme
Court issued its opinion
[44 pages in PDF] in Ashcroft
v. FSC, a case involving a constitutional
challenge to the Child Pormography Prevention Act of 1996 (CPPA).
The Supreme Court ruled that provisions of the statute banning
computer generated images depicting minors engaging in
sezually explicit conduct is overbroad, and violates the First
Amendment.
Statute. The CPPA expanded the federal prohibition on
child pormography to encompass new technologies. 18
U.S.C. § 2256, the section containing definitions, was
amended to provides that child pormography means "any
visual depiction, including any photograph, film, video,
picture, or computer or computer- generated image or picture,
whether made or produced by electronic, mechanical, or other
means, of sezually explicit conduct, where (A) the production
of such visual depiction involves the use of a minor engaging
in sezually explicit conduct; (B) such visual depiction is, or
appears to be, of a minor engaging in sezually explicit
conduct; (C) such visual depiction has been created, adapted,
or modified to appear that an identifiable minor is engaging
in sezually explicit conduct; or (D) such visual depiction is
advertised, promoted, presented, described, or distributed in
such a manner that conveys the impression that the material is
or contains a visual depiction of a minor engaging in sezually
explicit conduct;" (Words misspelled by TLJ.)
Proceedings Below. A trade association of purveyors of
pormography, the Free Speech Coalition (FSC), filed a
complaint in U.S. District Court challenging the
constitutionality of the CPPA. The District Court granted
summary judgment to the government. However, the U.S. Court of Appeals
(9thCir) reversed. Four other circuits had upheld the
constitutionality of the CPPA.
Supreme Court. Justice Kennedy wrote the opinion of the
Court. He wrote that the CPPA, to the extent that it extends
the federal prohibition against child pormography to sezually
explicit images that appear to depict minors but were produced
without using any real children, is substantially overbroad
and violates the First Amendment.
He elaborated that the prohibited conduct is not obscene under
the standard announced in Miller
v. California, 413 U.S. 15 (1973), and it is not child
pormography under the standard announced in New
York v. Ferber, 458 U.S. 747 (1982).
Justice O'Connor wrote a separate opinion, concurring in part,
and dissenting in part, in which Chief Justice Rehnquist and
Justice Scalia joined. Rehnquist also wrote a separate dissent
in which Scalia joined. Justice Thomas wrote a concurrence.
Editor's Note: Tech Law Journal intentionally misspells
certain words, such as "porm" and "sez".
The reason is that some subscribers' e-mail servers block
delivery of the TLJ Daily E-Mail Alert if these words are
spelled correctly. |
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| FCC Arrests Man for
Unlicensed Speech |
4/16. Agents of the Federal
Communications Commission (FCC), U.S. Marshals Service,
and Office of the U.S. Attorney for the Eastern District of
New York arrested one Paul Dorleans for engaging in unlicensed
speech in violation of Section 301 of the Communications Act, 47 U.S.C.
§ 301.
Dorleans broadcast speech in the FM band without an FCC
license. The FCC stated in a release
[PDF] that Dorleans "may be subject to criminal
sanctions, including fines and imprisonment ($100,000 and up
to one year)." (Parentheses in original.)
The Supreme Court does not extend the same level of First
Amendment protection to broadcast speakers that it does to
child pormographers. Contrast, for example, National
Broadcasting Company v. United States, 319 U.S. 190 (1943)
and Red
Lion v. FCC, 395 U.S. 367 (1969), upholding the
Communications Act against First Amendment challenges, to Ashcroft
v. FSC (S.C.U.S., April 16, 2002), overturning part of the
Child Pormography Prevention Act of 1996 on First Amendment
grounds. |
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| FCC Cross Ownership Rules
and the Internet |
4/16. The Media Access
Project (MAP) submitted a comment
[21 pages in PDF] to the Federal
Communications Commission (FCC) in response to its Notice
of Proposed Rule Making (NPRM) regarding media cross ownership
rules, and the appropriateness of either retaining or
eliminating entirely the newspaper broadcast cross ownership
rule." The comment addresses, in part, the role of
Internet media.
MAP's comment states that "There is no evidence to
indicate that the Internet and cable pose a competitive threat
to independently produced local news and public affairs
content. National cable channels (e.g., ESPN and CNN) and
Internet services (e.g., MSN and Slate) compete for audiences
for non-local content and non-local advertising dollars. At
the local level, the Internet and cable mainly function as
delivery systems for existing suppliers of local
content."
The comment was written by Andrew
Calabrese of the University of Colorado at Boulder. This
is MM Docket No. 01-235. |
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| More News |
4/9. A grand jury of the U.S. District Court (NDCal)
returned an indictment against Tse Thow Sun, alleging one
count of theft of trade secrets in violation of 18
U.S.C. § 1832 and one count of interstate transportation
of stolen property in violation of 18
U.S.C. § 2314. The government alleges that Defendant Sun
contacted the President of Language Line Services in Monterey,
California, in March, 2002, and offered to sell to him
proprietary information of Language Line Service's chief
competitor, Online Interpreters. The government further
alleges that it set up a sting operation at which Sun
exchanged trade secrets for money. See, CCIPS
release.
4/16. The U.S.
Court of Appeals (3rdCir) issued its opinion
in USA
v. $734,578.82, a case involving a forfeiture
of funds seized from an offshore illegal gambling operation.
The District Court granted summary judgment to the government,
pursuant to 18
U.S.C. § 1955, and issued a civil order of forfeiture.
The Appeals Court affirmed. |
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| About Tech Law Journal |
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information page.
Contact: 202-364-8882; E-mail.
P.O. Box 4851, Washington DC, 20008.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998 - 2002 David Carney, dba Tech Law Journal. All
rights reserved. |
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| Wednesday, April 17 |
The House will meet at 10:00 AM for legislative business.
9:00 AM. Oral argument on cross motions for summary judgment
in Swedenburg
v. Kelly, a constitutional challenge by a Virginia winery
and wine consumers to New York State's liquor control law,
which prohibits out of state wineries from selling directly to
New York residents, including via the Internet. Location: U.S.
District Court, New York, NY.
9:30 AM - 12:00 NOON. The U.S. International
Telecommunication Advisory Committee, which advises the State Department on policy
and technical issues regarding the International Telecommunication
Union, will meet to prepare for the June 2002 meeting of
the Telecommunication Sector Advisory Group. Location: Alliance for Telecommunications
Industry Solutions, 1200 G St. NW, Suite 350.
10:00 AM. The House
Appropriations Committee's Subcommittee on Commerce,
Justice, State, and the Judiciary will hold a hearing on the
proposed budget for FY 2003 for the SEC. Location:
Room H-309, The Capitol.
10:00 AM. The FEC will hold a
hearing regarding proposed voluntary standards for
computerized voting systems. See, witness
list, and notice
in Federal Register.
12:15 PM. The FCBA's
Mass Media Committee will host a brown bag lunch. The speaker
will be Jane Mago, FCC General Counsel. RSVP to: kdole @npr.org. Location: 1st
Floor, NPR, 635 Mass Ave., NW.
12:15 PM. The FCBA's
Online Communications Committee will host a brown bag lunch.
The speaker will be Scott
Marcus, Senior Advisor for Internet Technology at the Federal Communications Commission's
(FCC) Office of Plans and
Policy. The title will be "Broadband, When? -- A View
from OPP". RSVP to Scott Harris at sharris @harriswiltshire.com.
Location: Wiley Rein &
Fielding, 1776 K St., NW, 4th Floor Conference Room.
2:00 PM. The House
Appropriations Committee's Subcommittee on Commerce,
Justice, State, and the Judiciary will hold a hearing on the
proposed budget for FY 2003 for the FCC. Location:
Room H-309, The Capitol.
2:00 - 3:00 PM. The FCBA's
International Practice Committee will host an event titled
"Today's International Issues". The speaker will be FCC
Commissioner Michael
Copps. RSVP to Scott Harris.
Location: FCC, 445 12th Street, SW. |
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| Thursday, April 18 |
The House will meet at 10:00 AM for legislative business.
8:30 AM. Rep. Joe
Knollenberg (R-MI) will speak at a breakfast hosted by the
Greater Washington Board of Trade's Federal PAC and CapNet. RSVP to either JaimeHjort @bot.org or
202 857-5909. Location: Greater Washington Board of Trade
Board Building, 1129 20th St., NW, Suite 200.
8:30 AM - 4:00 PM. The Progress
and Freedom Foundation will host a conference titled
"Digital Online Content: Creating a Market that
Works". James
Rogan, Undersecretary of Commerce for Intellectual
Property, will give the opening keynote address at 9:00 AM.
The first panel, at 9:45 AM, is titled "The Emerging
Market for Online Music". The second panel, at 11:00 AM,
is titled "The Digital Challenge to Intellectual Property
Rights". Rep.
Bob Goodlatte (R-VA) will give a luncheon address at 12:15
PM. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave, NW.
9:30 AM. The FCC will hold a
meeting. See, agenda.
Location: FCC, 445 12th Street, SW, Room TW-C05.
9:30 AM - 12:00 NOON. The American
Enterprise Institute (AEI) will host a pair of panel
discussions titled "Gene Related Inventions: Evolving
Patent Standards and Their Consequences". The first panel
will address "Science, Economics, and Patent Law".
The panelists will be Lee Bendekgey (Incyte Genomics), Iain Cockburn
(Boston University), and Rochelle Seide (Baker Botts). The
second panel will be titled "Perspectives from the
Patents and Trademark Office and Capitol Hill". The
panelists will be John Doll (USPTO),
Chris Katopis (House CIIP Subcommittee), Maureen Mellody
(office of Rep. Howard
Berman (D-CA)), and Gerald
Mossinghoff (Oblon Spivak). See, agenda and online
registration page. Location: 12th Floor, AEI, 1150 17th
Street, NW.
10:00 AM. The House
Judiciary Committee will meet to mark up many bills,
including HR
3482, the Cyber Security Enhancement Act of 2001, and HR
3215, the Combatting Illegal Gambling Reform and
Modernization Act. Location: Room 2141, Rayburn Building.
10:00 AM. The Senate
Judiciary Committee has scheduled a business meeting. The agenda
includes a vote on several pending judicial nominations,
including that of Jeffrey Howard to be a Judge of the U.S. Court of Appeals
(1stCir). The agenda also includes consideration of S
2031, the Intellectual Property Protection Restoration Act
of 2002, a bill to prevent states from recovering damages for
infringement of state owned IPR, unless they have first waived
their 11th Amendment sovereign immunity from suits against
them for their infringement of the IPR of others. Location:
Room 226, Dirksen Building.
Day one of a two day ALI-ABA
course for inside and outside counsel titled "Trademarks,
Copyrights, and Unfair Competition for the General
Practitioner and the Corporate Counsel". The price to
attend is $685. See, online brochure.
Location: Loews L'Enfant Plaza.
Day one of a two day conference titled "IT Law and the
Response to Terror: New Laws, Rules and Strategies". The
event is hosted by the Computer
Law Association and the FCBA. See,
online brochure
[PDF]. Location: Monarch Hotel, 2401 M Street NW. |
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| Friday, April 19 |
The House will not be in session.
9:00 AM - 5:15 PM. The George
Washington University Law School (GWULS) will host an
event titled Symposium on Patents and Standard Setting.
See, agenda
in GWULS web site. Registration is required. For more
information, contact Martin Adelman at madelman
@main.nlc.gwu.edu. Location: GWULS, Moot Court Room, 2000
H St., NW.
12:00 NOON - 2:00 PM. The Progress
and Freedom Foundation (PFF) will host an event titled
"Privacy Online: A Report on the Internet Practices and
Policies of Commercial Websites". The speakers will
include FTC Commissioner
Orson Swindle, Paul Misener (Amazon),
David Klaus (Privacy Leadership Initiative), and Peter Ford
(Australian Attorney General's Dept.). See, PFF
notice. Location: Room B369, Rayburn Building.
2:00 - 4:00 PM. The American
Enterprise Institute (AEI) will host a panel discussion
titled "Freeing the Chinese Internet". The speakers
will be Arthur Waldron (AEI), Paul Baranowski (Peekabooty
Project), Ethan Gutmann (PNAC), and Greg Walton (Human Rights
in China). See, online
registration page. Location: AEI, 12th floor, 1150 17th
St., NW.
Day two of a two day ALI-ABA
course for inside and outside counsel titled "Trademarks,
Copyrights, and Unfair Competition for the General
Practitioner and the Corporate Counsel". The price to
attend is $685. See, online brochure.
Location: Loews L'Enfant Plaza.
Day two of a two day conference titled "IT Law and the
Response to Terror: New Laws, Rules and Strategies". The
event is hosted by the Computer
Law Association and the FCBA. See,
online brochure
[PDF]. Location: Monarch Hotel, 2401 M Street NW.
Deadline to submit reply comments to the FCC regarding
its annual report to Congress regarding progress made in
achieving the objectives of the ORBIT Act, 47 U.S.C. § 646.
The next FCC Orbit Act report is due to Congress on June 15,
2002. See, FCC
notice [PDF].
Deadline to register to attend the "Copyright
Conference" hosted by the USPTO, the
purpose of which is to "discuss current domestic and
international issues vital to the development of e-commerce
with members of the business and intellectual property
communities." See, USPTO
notice. Registration is required. |
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| Monday, April 22 |
Day one of a three day conference of the Electronics Industry Alliance
(EIA). See, agenda
[MS Word]. Location: Grand Hyatt Hotel.
12:00 NOON - 2:00 PM. Sen.
John Breaux (D-LA) will speak at a luncheon at the spring
convention of the Electronics
Industry Alliance (EIA). Location: Grand Hyatt Hotel.
Extended deadline to file reply comments with the FCC in response
to its notice of proposed rulemaking (NPRM) regarding the
appropriate regulatory requirements for incumbent local
exchange carriers' provision of broadband telecommunications
services. See, notice
in Federal Register and Order
[PDF] extending deadline from April 1 to 22. |
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| Tuesday, April 23 |
Day two of a three day conference of the Electronics Industry Alliance
(EIA). See, agenda
[MS Word]. Location: Grand Hyatt Hotel.
9:30 - 11:30 AM. The American
Enterprise Institute (AEI) will host a lecture by Jerry Hausman
of MIT titled From 2G to 3G: Wireless Competition for
Internet Related Services. See, program summary and
online registration page. Location: Twelfth Floor, AEI,
1150 Seventeenth Street, NW.
9:30 AM. The U.S.
Court of Appeals (DCCir) will hear oral argument in Saga
Broadcasting Corp v. FCC, No. 01-1249. Judges Ginsburg,
Sentelle and Henderson will preside. Location: 333
Constitution Ave. NW.
10:00 AM. The House
Appropriations Committee's CJS Subcommittee will hold a
hearing on the FY 2003 budget for the USPTO. Location:
George Washington Univ., Loudoun Campus.
12:00 NOON - 2:00 PM. General
Richard Myers, Chairman of the Joint Chiefs of Staff,
will speak on contributions that the electronics industry has
made to military preparedness at a luncheon at the spring
convention of the Electronics
Industry Alliance (EIA). Location: Grand Hyatt Hotel.
2:30 PM. The Senate
Judiciary Committee's Subcommittee on Antitrust,
Competition, and Business and Consumer Rights will hold a
hearing titled Cable Competition and the ATT Comcast Merger.
Sen. Herb Kohl (D-WI)
will preside. This hearing had originally been scheduled for
April 10. Location: Room 226, Dirksen Building.
7:00 - 10:00 PM. Tom
Ridge, Director of the Office of Homeland
Security, will speak at a dinner at the spring convention
of the Electronics Industry
Alliance (EIA). Location: Grand Hyatt Hotel. |
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