| Publication Schedule |
This is the Friday, May 24, issue. It is sent on Saturday,
May 25, because TLJ experienced a technical problem on Friday.
TLJ apologizes for the delay.
The TLJ Daily E-Mail Alert will not be published on Monday,
May 27, or Tuesday, May 28. This is a Memorial Day break. |
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| Senate Passes Trade
Promotion Authority Bill |
5/23. The Senate passed a bill that would give the President
trade promotion authority (TPA) on a roll call vote of 66-30.
This bill also includes the Andean Trade Preferences Act and
language expanding existing trade adjustment assistance (TAA)
programs. The House passed a different TPA bill on December 7,
2001. The next step in the process will be the appointment of
a conference committee to reconcile differences between the
two bills.
TPA, which is also known as fast track, gives the President
authority to negotiate trade agreements that the Congress can
approve or reject, but not amend. It would strengthen the
negotiating position of the President.
TPA would benefit technology companies that sell products
abroad. The Semiconductor
Industry Association (SIA) stated in a release that
"Among the key trade negotiations that the U.S. will be
able to pursue utilizing TPA are with the new round of World Trade Organization (WTO)
talks, as well as work on reaching free trade agreements. The
SIA has a number of key priorities within the context of the
WTO talks, including such issues as eliminating tariffs on
semiconductors and information technology goods around the
world, strengthening intellectual property protection, and
maintaining strong U.S. trade laws. TPA will also enable U.S.
negotiators to pursue free trade agreements in areas like
Latin America, where prohibitively high tariffs are maintained
on many high technology goods."
The Senate bill includes an amendment (No. 3408), sponsored by
Sen. Mark Dayton
(D-MN) and Sen. Larry Craig
(R-ID) that would create a procedure that would allow a point
of order to exclude changes to trade remedy laws from TPA
implementing legislation. The point of order could only be
waived by a majority of Senators. |
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| 9th Circuit Reverses in USA
v. Adamson |
5/23. The U.S. Court
of Appeals (9thCir) issued its opinion
[PDF] in USA
v. Adamson, in which the Appeals Court reversed
a conviction for wire fraud and money laundering. The case
arose out of the defendant's purchase and resale of used Hewlett Packard servers.
Adamson was an owner of a company that sold used computer
equipment, including servers. This company purchased used HP
servers from HP. The company also upgraded these servers
through the use of an HP software utility called "SS_Config",
which was password protected to prevent unauthorized use.
A grand jury of the U.S.
District Court (EDCal) returned an indictment against
Adamson alleging wire fraud and money laundering. The
prosecution alleged that Adamson bribed the HP employee who
handled the sale of the servers, and obtained from another HP
customer a copy of SS_Config and its password. Adamson's
company then obtained licenses from HP for the upgraded
servers. The prosecution alleged that Adamson engaged in
misrepresentation, an element of wire fraud, to induce HP to
issue these licenses. However, the specific act of
misrepresentation alleged in the indictment was different from
the act of misrepresentation proved at trial, and contained in
the jury instructions. The trial jury returned a guilty
verdict. Adamson appealed.
The Appeals Court reversed. It wrote that "One of the
primary purposes of an indictment is to inform a defendant of
``what he is accused of doing in violation of the criminal
law, so that he can prepare his defense.´´ ... This purpose
was not served here. If the indictment had not specified a
different particular misrepresentation, one might say the
variance was benign. Having specified a different particular
misrepresentation, however, the indictment not only failed to
inform the defendant of the actual misrepresentation that
would be shown at trial, but it also affirmatively misled the
defendant and obstructed his defense at trial." (Citation
omitted.) The Appeals Court also found reversible error in the
District Court's limitation of the cross examination of a
witness. Reversed and remanded. |
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| Senate Judiciary Committee
Approves Cyber Security Bill |
5/23. The Senate
Judiciary Committee amended and approved S 1989,
The National Cyber Security Defense Team Authorization Act.
The bill, which is sponsored by Sen. Charles Schumer
(D-NY), would "establish a team of representatives of
various Federal departments and agencies" that would
"identify segments of the infrastructure of the Internet
(including software, hardware, and other physical
infrastructure) that are vulnerable to terrorist attack",
and then make recommendations on how to eliminate such
vulnerabilities. The Committee approved one amendment that
would add a subsection authorizing the appropriation of $10
Million.
Such a team already exists. It is headed by Richard
Clarke, the President's Special Advisor for CyberSpace
Security. |
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| More News |
5/22. Sen. Diane
Feinstein (D-CA), Sen.
Jon Kyl (R-AZ), Sen.
Jeff Sessions (R-AL), and Sen. Charles Grassley
(R-IA) introduced S 2541, a bill to amend the criminal code to
establish penalties for aggravated identity theft. It was
referred to the Senate
Judiciary Committee.
5/23. North
Carolina Utilities Commission (NCUC) endorsed BellSouth's application
to provide in region interLATA services in the state of North
Carolina. On May 22, the Alabama
Public Service Commission endorsed BellSouth's long
distance application. BellSouth's next step is to file a Section
271 applications with the Federal
Communications Commission (FCC). On May 15, the FCC
approved BellSouth's application to provide long distance
services in Georgia and Louisiana.
5/23. The Federal Communications
Commission (FCC) published a notice
in the Federal Register summarizing its grant of BellSouth's
Section 271 application to provide in region interLATA
services in the states of Georgia and Louisiana. See, Federal
Register, May 23, 2002, Vol. 67, No. 100, at Pages 36186 -
36188.
5/23. The Federal Communications
Commission (FCC) published a notice
in the Federal Register regarding its recently released order
pertaining to "issues associated with the inability of a
public safety answering point to call back an emergency caller
for further critical information when that caller is dialing
911 using a non-service-initialized wireless telephone."
The order is effective October 1, 2002. Public comment on the
information collection is due by July 22, 2002. See, Federal
Register, May 23, 2002, Vol. 67, No. 100, at Pages 36112 -
36117.
5/23. The Federal Trade
Commission (FTC) published a notice
in the Federal Register regarding its issuance of a final rule
governing the safeguarding of customer records and information
for the financial institutions subject to its jurisdiction, as
required by Section 501(b) of the Gramm Leach Bliley Act. See,
Federal Register: May 23, 2002, Vol. 67, No. 100, at Page
36483 - 36494. See also, FTC
release of May 17.
5/23. The U.S. Patent and
Trademark Office (USPTO) published a notice
in the Federal Register that it is amending its rules "to
provide that certain trademark documents sent by United States
Postal Service (USPS) ``Express Mail Post Office to Addressee´´
service (Express Mail) will no longer be considered to have
been filed with the USPTO on the date of deposit with the
United States Postal Service, but will be deemed to have been
filed on the date of receipt in the USPTO." This rule
change takes effect on June 24, 2002. See, Federal Register,
May 23, 2002, Vol. 67, No. 100, at Pages 36099 - 36102. |
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| Powell Addresses Broadband
Deployment |
5/22. The Federal
Communications Commission (FCC) hosted a discussion of
regulatory issues affecting broadband deployment. The speakers
included FCC Chairman Michael Powell,
Commissioners Kathleen Abernathy, Michael Copps and Kevin
Martin, Michael Binder (Industry
Canada), Jeong Seon Seol (Korean Embassy), and Simon
Towler (British Embassy).
Powell reviewed the FCC's approach to regulation affecting
broadband in his opening remarks. He stated that the FCC
"is taking a concerted comprehensive approach to bring
regulatory clarity to what is at best a murky and confusing
policy area. Of course, our actions in this area will first
and foremost be grounded in the Communications Act, taking
into account the statutory objectives of competition,
universal service, and consumer protection. We have clearly
set out the principles that guide our action in the broadband
space."
"First, we will promote the ubiquitous availability of
broadband infrastructure to all Americans. This is Congress'
vision, and it is universally recognized that the promise and
the potential of broadband are ones that every American and
world citizen should enjoy. But, as we must, a word of
caution, as we strive to achieve this worthy goal. If history
is any guide, revolutions and infrastructure build outs, take
time."
"Second, the Commission will conceptualize any platform
that is capable of fusing communications power with computing
power to provide high bandwidth intensive content to meet the
demands of consumers. That is, we recognize that broadband is
not merely cable modem service service, or DSL. We work to
empower any technology that will help close the gap of time
and distance in acquiring information."
"Third, at this stage in the development, any broadband
regulatory environment must serve to promote investment and
innovation. Substantial risk investment and capital is needed
either to upgrade legacy networks, or to develop new ones to
support broadband capability and applications. Broadband
capable networks must, whether through market forces, or
government mandate, preserve a proper climate for
innovation."
"Fourth, and finally, sound regulatory policy should,
where appropriate, harmonize regulatory rights and obligations
that are attached to the provision of similarly situated
services across platforms. The convergence of industry is
where advanced networks allow entities in traditionally
distinct market segments to enter each others' market, and
into new similar markets, demands that we rationalize our
regulatory regime to address these changes."
"Having set out our guiding principles, my colleagues and
I have over the past six months initiated several major
broadband proceedings to clarify the regulatory environment
for new services, and the lower costs and risks associated
with the deployment of new infrastructure. Clearer, more
enlightened rules are vital to promote the infrastructure and
devices that will bring the power of the information age home
to every American. The Commission has also recognized that it
must look in at itself and revolutionize the way that we
operate in order to respond effectively to rapid changes and
convergences. It is important to emphasize that while we have
committed significant resources to initiating or completing
these rulemakings, the legal and regulatory issues implicated
here have yet to be resolved. But they must be resolved, if we
collectively intend to facilitate the ubiquitous availability
of broadband to all Americans," said Powell.
Industry Canada's Michael Binder then gave a presentation on
broadband deployment in Canada. Powell and Binder then engaged
in a two person dialogue.
Content v. Information. Powell discussed the content
and information available over broadband networks. He stated
that "I think one of the things that has convinced me of
its long term importance, is -- forget all the applications,
forget all the content provided by Disney -- and think just
about what it means in terms of the value of simple
information. Anything that closes the time and distance in
which an individual can access information truly opens up a
whole new world of possibilities that were traditionally
constricting. Everything from commercial transactions, when,
basically, most of the time, in a car sale situation, most of
the price, is information that you don't know, what the car
really costs, that the dealer knows, that you don't know, and
the negotiation is a laborious effort to find out."
Powell continued: "I think that the more individuals, as
consumers, and individual citizens can get information when
they want it, when they need it, and quickly, I think that
information component, which I think is the grease of society,
opens up all kinds of possibilities that we can't imagine.
But, it is a challenge. And, the content issue is one of the
things that we struggle with in the United States, is,
consumers say the same thing, ``We value it; bring it to us´´.
At the same time, when you provide valuable content and charge
a penny for it, they won't."
Mass Market v. Community Institutions. Powell stated
that "In Canada, you put an enormous effort ... a
significant amount of funds towards schools and libraries. The
United States has done the same thing, and commits nearly 2.8
Billion dollars a year to wire schools and classrooms in the
United States. And, it makes me wonder if not one of the smart
broadband approaches is the focus on key community
institutions -- schools, libraries, city hall, universities,
community institutions -- as a way of driving the
infrastructure, as opposed to immediately seeing it as an
individualized consumer mass market product."
Ubiquity v. Competition. Powell also discussed the
goals of ubiquity and competition in an off the cuff
discussion with Michael Binder. Powell stated that "the
tension and the tradeoff -- tradeoffs that one has to struggle
with -- between ubiquitous deployment of infrastructure and
competition. If we remember our experiences with the phone
system, in many ways, governments around the world made the
judgment that to get infrastructure to everyone, we should
have a natural monopoly. We should have a government owned
company. In the United States, it was a government sanctioned
monopoly. In most of the world it was an actual government
institution. And, we desire that ubiquity so quickly, or
sufficiently important, that, that that was the choice that
was made. Because, of course, monopolies can be very
efficient, if that is your overall objective."
"On the other hand, I think, rightly, governments around
the world have become much more enlightened about the benefits
of competition, even in the telecommunications space, and have
liberalized, or have attempted to introduce greater amounts of
competition. And, a lot of times, what I feel the debates are,
in tension with, is, how important is broadband really
quickly, in terms of pressure people, towards larger carriers,
bigger infrastructure, less cognizant of some competitive
tradeoffs, and then others who think less so, in the
competitive ... And that tension I think is going to be a big
part of how countries resolve this. Which is why I think
expectations are critical. Because, if one is too hasty I
think that it would lead to being less concerned about the
competitive aspects and more concerned about getting there.
And, I struggle with that all the time."
Powell did not take questions from the audience. Powell
declined to respond to questions from reporters afterwards. |
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| Monday, May 27 |
The House and Senate will not be in session from Monday, May
27 through Friday, May 31, for the Memorial Day District Work
Period.
Memorial Day. The FCC will be closed. The National Press Club
will be closed. The Library of Congress will be closed.
The TLJ Daily E-Mail Alert will not be published |
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| Tuesday, May 28. |
| The TLJ Daily E-Mail Alert will not be published |
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| Wednesday, May 29 |
9:30 AM - 12:00 NOON. The U.S. International
Telecommunication Advisory Committee (ITAC), which advises
the Department of State on
policy and technical issues with respect to the International Telecommunication
Union (ITU), will meet to prepare for the June 2002
meeting of the Telecommunication Sector Advisory Group (TSAG).
10:00 AM - 1200 NOON. The Business
Software Alliance (BSA) will host media breakfast to
release the results of BSA's first Internet Piracy Survey on
the attitudes and experiences of Internet users regarding
downloading and purchasing of software online. To register,
contact Roni Singleton at Dittus Communications at 202
775-1401 or roni.singleton
@dittus.com. Location: BSA, 1150 18th Street NW, Suite
700.
1:00 - 3:00 PM. The Federal
Communications Commission's (FCC) Office of Engineering and
Technology will host a presentation by Peter Stanforth of MeshNetworks. He will
discuss self forming, self healing mesh topology as the
alternative to today's star topology cellular systems. See, FCC
notice. Location: FCC, Commission Meeting Room (TWC-305),
445 12th Street, SW. |
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| Thursday, May 30 |
9:00 AM - 5:30 PM. The Federal
Communications Commission's (FCC) Public Safety National
Coordination Committee will hold a series of meetings. The
Interoperability Subcommittee will meet from 9:00 - 11:30 AM.
The Technology Subcommittee will meet from 12:30 - 3:00 PM.
The Implementation Subcommittee will meet from 3:00 - 5:30 PM.
Location: FCC, Commission Meeting Room, 445 12th St., SW.
12:00 NOON. The Congressional
Internet Caucus Advisory Committee will host a panel
discussion titled "Speeding Broadband Deployment By
Balancing of Rights of Way Interests". The speakers will
be Marilyn Praisner (Montgomery County Council), Robert Nelson
(Michigan Public Service Commission), Martin Stern (I-ROW),
and Sandy Wilson (Cox Enterprises). Lunch will be served. RSVP
to rsvp @netcaucus.org
or call Danielle at 202 638-4370. Location: Room HC-5,
Capitol. |
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| Friday, May 31 |
8:30 AM - 4:00 PM. The National
Science Foundation's (NSF) Advisory Committee for Computer
and Information Science and Engineering will hold an open
meeting. For more information, contact Gwen Blount at 703
292-8900. See, notice
in Federal Register, May 10, 2002, Vol. 67, No. 91, at Page
31846. Location: National Foundation, 4201 Wilson Blvd., Room
1235, Arlington, VA.
9:30 AM - 12:30 PM. The Federal
Communications Commission's (FCC) Public Safety National
Coordination Committee will hold a General Membership meeting.
Location: FCC, Commission Meeting Room, 445 12th St., SW. |
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| Monday, June 3 |
10:00 AM. The U.S.
Court of Appeals (FedCir) will hear oral argument in Rambus
v. infineon Technologies, No. 01-1449, an appeal from the
U.S. District Court (EDVa) in a patent infringement case
involving semiconductor memory devices. At issue is the
existence and scope of the patent disclosure obligations that
arise as a result of participation in a standard setting body.
This is D.C. No. 3:00CV524; the District Court opinion of
August 9, 2001 is at 2001 WL 913972. Location: LaFayette
Square, at 717 Madison Place, NW.
2:00 - 3:30 PM. The Federal
Trade Commission's (FTC) Bureau of Competition will hold a
public workshop on merger investigation best practices. This
is the first workshop of a seven part, five city, series. This
event will focus on electronic records. See, FTC release.
Location: FTC, Room 332, 600 Pennsylvania Avenue NW.
Extended deadline to submit reply comments to the Federal Communications Commission
(FCC) in response to its Notice of Proposed Rulemaking (NPRM)
titled "In the Matter of Appropriate Framework for
Broadband Access to the Internet over Wireline
Facilities". This is CC Docket No. 02-33. See, Order
[PDF] extending deadline from May 14 to June 3. See also, original
notice in Federal Register. |
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| FTC Files & Settles
Complaint Against Software Marketer |
| 5/22. The Federal Trade
Commission (FTC) filed a complaint
[PDF] in U.S. District
Court (SDCal) against Micro
Star Software, Inc., a software marketing company,
alleging that it misled consumers regarding a 30 day trial
offer and its continuity program, in violation of the FTC Act,
the Telemarketing Sales Rule (TSR), and the Unordered
Merchandise Statute. The FTC and Micro Star simultaneously
filed a Consent
Decree [PDF] which requires payment of $90,000 civil
penalty, disclose of all material terms and conditions of
trial offers and continuity program memberships, and
monitoring of the behavior of telemarketing representatives. |
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| People and Appointments |
5/23. The Senate
Judiciary Committee approved the nomination of Brooks
Smith to be a Judge of the U.S. Court of Appeals for the
Third Circuit by a vote of 12-7. Republican members of the
Committee, and Sen. Joe
Biden (D-DE), Sen.
John Edwards (D-NC), and Sen.
Herb Kohl (D-WI) vote in favor. His nomination still
requires confirmation by the full Senate.
5/23. Lisa Griffin was named Deputy Chief of the
Federal Communications Commission (FCC) Enforcement Bureau Market
Disputes Resolution Division (MDRD). Before joining the FCC,
she was a partner in the law firm of Ross Dixon & Bell. See, FCC
release.
5/23. Lori Holy was named an Attorney Advisor in the
Federal Communications Commission's (FCC) Office of
Legislative Affairs (OLA). She will focus on media and
convergence issues. She previously worked at the National Association of
Broadcasters (NAB). See, FCC
release. |
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