| Rep. Dreier Addresses Tech
Related Legislation |
6/24. Rep. David
Dreier (R-CA), the Chairman of the House Rules Committee,
spoke about technology related legislation at a conference
hosted by the Computer &
Communications Industry Association (CCIA) in Washington
DC. He addressed trade promotion authority, the Export
Administration Act, and the Internet gambling bill.
Trade Promotion Authority. He stated that "my top
priority is ... trade promotion authority". Trade
promotion authority, which is also known as "TPA"
and "fast track", would permit the President to
negotiate trade agreements that the Congress could accept or
reject, but not amend. TPA would strengthen the bargaining
position of the President, and the U.S. Trade Representative (USTR),
in trade negotiations with other nations.
The House passed its version of the bill, HR 3005,
the Bipartisan Trade Promotion Authority Act of 2001, on
December 6, by a vote of 215-214. The Senate passed its
version last month. For a bill to be signed by the President,
the House and Senate must be reconcile their differences in a
conference committee.
The House Rules Committee sets rules for consideration of
bills on the House floor. This Committee has not yet brought
to the House floor a procedural motion that would set the
structure and mandate for the House's negotiating team.
 Rep. Dreier stated that "We have
been trying over the week and a half to pass a, basically, a
motion to go to conference". He explained that he has not
brought the motion to the floor because he currently lacks the
votes for passage. He noted that some of the Democrats who
voted for the bill last December are not now supportive. He
commented that "Speaker Hastert has said we bring
legislation to the floor when we have the votes to pass
it." He also stated that "We are going to work hard.
We are going to take it one vote at a time." He concluded
that "We do very much want to get it done this week
before we break for the Fourth of July."
Export Administration Act. Rep. Dreier also addressed
the Export Administration Act (EAA). The bill would modernize
export control laws. It would ease restraints on most dual use
products, such as computers and software, but increase
penalties for violations. He stated that "eliminating MTOPS
as a gauge is obviously the right thing for us".
The Senate passed S 149,
the Export Administration Act of 2001, sponsored by Sen. Mike Enzi (R-WY), by a
vote of 85-14, just prior to the terrorist attacks of
September 11. This bill is supported by the Bush
administration. Rep. Dreier introduced HR 2568,
the administration bill in the House, on July 19, 2001. It has
not passed the House. However, HR
2581, sponsored by Rep.
Benjamin Gilman (R-NY), which is a much different export
bill that is not supported by the administration or Rep.
Dreier, passed the House International Relations Committee on
August 1, 2001.
Rep. Dreier stated that he is working with the administration
and House Committees. He concluded that EAA "continues to
be a high priority".
Internet Gambling. Rep. Dreier was asked during the
question and answer session when several bills, including HR 3215,
the Combatting Illegal Gambling Reform and Modernization Act
(also known as the Goodlatte Internet gambling bill), would be
brought to the floor. The House Judiciary
Committee completed its mark up the bill on June 18.
Rep. Dreier stated that "right now we are focused on the
homeland security bills ... and appropriations bills". He
added that "we are trying to see if we can work out a
compromise". He also stated that "I don't want to
say that we are not going to do them", but "they are
not on the agenda". |
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| Microsoft Advocates Passage
of Cyber Security Enhancement Act |
6/24. Microsoft
published an essay
in its web site titled "Securing Cyberspace: Our justice
system needs better tools for fighting cybercrime".
The essay states that "In order to curb cybercrime,
lawmakers should consider more forceful deterrents. The Cyber
Security Enhancement Act of 2002, now before the U.S. House of
Representatives, addresses weaknesses in current law by
directing the U.S. Sentencing
Commission to review and amend Federal computer crime
sentencing guidelines. The bill empowers judges to issue
appropriately tough sentences for computer crime by allowing
them to consider intent, violations of privacy rights and the
sophistication of the offense in addition to actual loss. Once
enacted, the law will help deter cyber crime by subjecting
hackers to real penalties for committing real crimes."
This bill, numbered HR 3482,
is sponsored by Rep.
Lamar Smith (R-TX). The House Crime Subcommittee marked up
the bill on February 26, 2002. See, TLJ
Daily E-Mail Alert No. 377, Feb. 27, 2002. It was approved
by the House Judiciary Committee on May 8, 2002. It has not
yet been voted on by the full House.
The Microsoft essay continued that "Legislators can
promote cyber security in other ways as well. They can
increase funding for law enforcement personnel and funding for
more training and equipment to investigate and prosecute cyber
criminals."
It also argued that "Action is needed to foster the
sharing of information between industry and government about
vulnerabilities and threats to critical technological
infrastructures. Currently, companies are reluctant to share
information because existing law may not adequately protect
sensitive or proprietary information provided to federal
agencies. Legislation that clarifies and strengthens existing Freedom
of Information Act exemptions would encourage more
companies to participate in initiatives to protect critical
infrastructures." |
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| Cal App Reverses in Domain
Name Registration Dispute |
6/24. The California
Court of Appeal (2/4) issued its opinion
[PDF] in Lim
v. The.TV Corporation, a contract dispute
involving the registration of a domain name. The Court of
Appeal reversed the Superior Court's dismissal of the
complaint for failure to adequately plead a cause of action
for breach of contract.
Plaintiff, Je Ho Lim, is a resident of South Korea. Defendant,
dotTV, a Delaware corporation based in California, registers
Internet domain names for a fee. It acquired the top-level
domain name "tv" through an agreement with the
island nation of Tuvalu, which owns the rights to that
geographic designation. Lim alleges that he purchased at
auction the domain name golf.tv, but that dotTV later
disavowed the sale.
Lim filed a complaint in California Superior Court against
dotTV alleging breach of contract, intentional
misrepresentation and fraud, and breach of the implied
covenant of good faith and fair dealing. The Superior Court
sustained dotTV's demurer as to the adequacy of the complaint.
The Court of Appeal reversed and remanded. |
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| USITC Issues Initial
Determination Against Gemstar |
6/21. Administrative Law Judge (ALJ) Paul Lukern of the U.S. International Trade
Commission (USITC) issued his Final
Initial Determination [PDF] in a proceeding titled
"In the Matter of Certain Set-Top Boxes and Compenents
Thereof", which pertains to certain patents held by Gemstar TV Guide.
The USITC has authority under Section 337 of the Tariff Act of
1930, 19
U.S.C. § 1337, to determine whether there is unfair
competition in the importation of products into, or their
subsequent sale in, the United States, on the basis that there
is an infringement of a U.S. patent, copyright, or registered
trademark.
Gemstar filed a complaint with the USITC alleging that
EchoStar Communications Corporation, Pioneer Corporation,
Pioneer Digital Technologies, Pioneer New Media Technologies,
Pioneer North America, Inc., Scientific Atlanta, and SCI
Systems imported set top boxes into the U.S. that infringed
patents held by Gemstar.
The ALJ wrote that "it is the administrative law judge's
final initial determination that there has been no violation
by any of the respondents of section 337 in the importation
into the United States, sale for importation, and the sale
within the United States after importation of certain set-top
boxes and components thereof." This is USITC
Investigation No. 337-TA-4544.
Gemstar stated in a release
that "the final initial determination is erroneous and
that the proper application of the law does not support it.
The Company intends to petition for a review of the final
initial determination by the full Commission."
Jonathan Orlick, General Counsel of Gemstar, stated that
Gemstar "is determined to continue to protect its
intellectual properties and patents which crystallize our
innovations and inventions. Today's ruling will not detract
from the Company's long standing policy to assert patents
against infringing parties, including those involved in the
current ITC case." |
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| DOJ Official Addresses
Antitrust Enforcement |
6/24. The Department of
Justice's (DOJ) William Kolasky gave another in his series
of speeches on antitrust enforcement. He gave a speech
titled "Economic Competition Day: Shared
Experiences" in Mexico City, Mexico in which he reviewed
eight guiding principles.
On March 18 he gave a speech
in which he listed and explained six guiding principles for
antitrust enforcement. These six were (1) Protect competition,
not competitors, (2) recognize the central role of
efficiencies, (3) base decisions on sound economics and hard
evidence, (4) realize that our predictive capabilities are
limited, (5) impose no unnecessary bureaucratic roadblocks,
and (6) be flexible and forward looking.
On June 14 he gave a speech
in which he elaborated on the principle that antitrust
enforces should base their decisions on sound economics and
hard evidence.
In his June 24 speech he expanded his list of principles from
six to eight. The two newly added principles are "Impose
Strong Deterrent Measures Against Hard Core Cartels" and
"Protect Consumer Welfare Through Competition
Advocacy".
He elaborated that "Detection and prosecution of hard
core cartels should be every competition authority's top
enforcement priority. Cartels -- whether in the form of price
fixing, output restrictions, bid rigging, or market division
-- raise prices and restrict supply, enriching producers at
consumers' expense and acting as a drag on the entire economy.
In the U.S., we view cartels as crimes, pure and simple, and
prosecute those who perpetrate them as criminals."
Kolasky is a Deputy Assistant Attorney General in the DOJ's Antitrust Division. See
also, other
speeches by Kolasky. |
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| More News |
6/24. The Federal
Communications Commission (FCC) approved Verizon's Section
271 application to provide in-region interLATA services in
the state of New Jersey. This is WC Docket No. 02-67.
6/24. The FCC held an en
banc hearing on FCC broadcast and cable equal employment
opportunity rules.
6/24. Pascal
Lamy, European Commissioner for Trade, gave a speech
in Washington DC regarding transatlantic trade relations. |
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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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| Tuesday, June 25 |
The House will meet at 10:30 AM for morning hour and 12:00
NOON for legislative business. The House may take up several
bills under suspension of the rules, including HR
4623, the Child Obscenity and Pormography
Prevention Act of 2002, a bill which addresses computer
generated images.
Day two of a two day conference hosted by the Computer & Communications
Industry Association (CCIA) titled "2002 Washington
Caucus". Highlights include the following. 7:45 AM: Sen. John Breaux (D-LA)
will be the breakfast speaker. 9:00 AM: Rep. Nancy Pelosi
(D-CA) will speak. 9:45 AM: Rep. Howard Berman
(D-CA) will speak. 10:45 AM: Rep. Rick Boucher
(D-VA) will speak. 12:00 PM: Glenn Hubbard (Chairman of the Council of Economic
Advisors) will be the luncheon speaker. 2:00 PM: Sen. Max Cleland (D-GA)
will speak. 2:45 PM: Marsha MacBride (Chief of Staff of the
FCC) will speak. 3:30 PM: Benjamin Wu (Commerce Department)
will speak. 4:15 PM: Rep.
Zoe Lofgren (D-CA) will speak. See, agenda
[PDF]. Location: Willard Hotel, 1401 Pennsylvania Ave., NW.
9:00 AM. The House
Commerce Committee's Subcommittee on Oversight and
Investigations will hold a hearing on the administration's proposal
to create a Department of Homeland Security. Location:
Room 2123, Rayburn Building.
9:30 - 11:30 AM. The FCC's WRC-03
Advisory Committee, Informal Working Group 7: Regulatory
Issues and Future Agendas will meet. Location: Boeing Company,
1200 Wilson Blvd. Arlington, VA.
10:00 AM. The Senate
Judiciary Committee's Subcommittee on Technology,
Terrorism, and Government Information will hold a hearings on
the President's proposal for reorganizing homeland defense
infrastructure. See, notice.
Press contact: Mimi Devlin at 202 224-9437. Location: Room
226, Dirksen Building.
11:30 AM - 12:30 PM. The Business
Software Alliance (BSA) will release the results results
of a survey assessing government preparedness on cyber
security. Media may also participate via conference call:
877 403-4562. Snacks will be served. Location: E-Gov 2002,
Room 35, Washington Convention Center.
1:00 PM. The Senate
Commerce Committee's Subcommittee on Science, Technology,
and Space, and the House
Science Committee will hold a joint hearing to examine the
use of science and technology to combat terrorism. See,
notice.
Location: Room 2318, Rayburn Building.
4:00 PM. The House
Judiciary Committee's Subcommittees on Immigration, Border
Security, and Claims, and Crime, Terrorism, and Homeland
Security, will hold a joint oversight hearing titled The
Risk to Homeland Security From Identity Fraud and Identity
Theft. Webcast. Press contact: Jeff Lungren or Terry Shawn
at 202 225-2492. Location: Room 2141, Rayburn Building. |
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| Wednesday, June 26 |
The House will meet at 10:00 AM for legislative business.
8:30 AM - 2:00 PM. The Progressive
Policy Institute (PPI) will host a conference on President
Bush's proposal to establish a Department of Homeland
Security, including how technology and private sector
entrepreneurial talents can be tapped to help break down the
bureaucratic barriers to sharing information and assessing
threats. The scheduled speakers include Sen. Joe Lieberman
(D-CT), Rep. Ellen
Tauscher (D-CA), Rep.
James Moran (D-VA), Rob Atkinson (PPI's Technology &
New Economy Project), John Cohen (PPI), and Thomas Siebel
(Ch/CEO of Siebel Systems). See, PPI
notice. Location: The Hotel Washington, 515 15th Street,
NW.
9:30 AM. The Senate
Governmental Affairs Committee will hold a hearing to
examine the relationship between a Department of Homeland
Security and the intelligence community. Location: Room
342, Dirksen Building.
10:00 AM. The Senate
Judiciary Committee will hold a hearing to examine the
President's proposal for reorganizing our homeland defense
infrastructure. See, notice.
Press contact: Mimi Devlin at 202 224-9437. Location: Room
226, Dirksen Building.
10:00 AM. The House
Commerce Committee's Subcommittee on Telecommunications
and the Internet will hold a hearing titled Area Code
Exhaustion: What are the Solutions? Webcast. Press
contact: Ken Johnson or Jon Tripp at 202 225-5735. Location:
Room 2322, Rayburn Building.
10:00 AM. The House
Commerce Committee's Subcommittee on Commerce, Trade, and
Consumer Protection will hold a hearing on HR __, the Financial
Accounting Standards Board Act. Webcast. Press contact:
Ken Johnson or Jon Tripp at 202 225-5735. Location: Room 2123,
Rayburn Building.
10:15 AM. The House
International Relations Committee will hold a hearing and
markup of HR ___, the Homeland Security Act of 2002.
Webcast. Location: Room 2172 Rayburn Building.
10:15 AM. Federal Trade
Commission (FTC) Chairman Timothy Muris, Rep. Frank Wolf (R-VA),
and others will hold a roundtable discussion to discuss online
gambling directed toward children. See, FTC notice.
Location: Room H-309, The Capitol.
10:30 AM. The House Armed
Services Committee will hold a hearing on the President's
proposal to create a new Department of Homeland Security
and its impact on the Department of Defense. Location: Room
2118, Rayburn Building.
11:30 AM. The American
Electronics Association (AeA) will hold a press briefing
to release a study titled Cyberstates 2002: A State by
State Overview of the High Technology Industry. Lunch will
be served. See, AeA
release. Location: AeA, 601 Pennsylvania Ave, NW, North
Building, Suite 600.
12:00 NOON - 1:30 PM. The Congressional Economic Leadership
Institute and the National
Venture Capital Association will host a luncheon briefing
to release a study of the economic impact of venture capital
investment in the United States. Rep. Anna Eshoo (D-CA)
will speak. For an invitation, contact Emily Mendell at 610
359-9609. Location: Room B340, Rayburn Building.
2:00 PM. The House
Judiciary Committee will hold a legislative hearing titled
The Proposal to Create a Department of Homeland Security.
Tom
Ridge, Director of the Office of Homeland Security, will
testify. Webcast. Press contact: Jeff Lungren or Terry Shawn
at 202 225-2492. Location: Room 2141, Rayburn Building.
6:30 - 8:30 PM. The FCBA's
Young Lawyers Committee and Georgetown University Law Center (GULC)
will hold a CLE seminar titled Accounting Issues for
Telecommunications Lawyers. For more information, contact
the GULC at 202 662-9890 or cle@law.georgetown.edu.
Location: Piper Marbury
Rudnick & Wolfe, 1200 19th Street, NW. |
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| Thursday, June 27 |
The House will meet at 10:00 AM for legislative business.
9:00 AM - 4:30 PM. The Agriculture Department's Rural Utilities
Service (RUS) will hold a meeting to receive public input
on "the challenges of deploying broadband services to
rural America, the successes, the role of competition in
providing access to rural areas". See, notice
in Federal Register. Location: Room 0348, South Building, U.S.
Department of Agriculture, 1400 Independence Ave., SW.
10:00 AM. The House
Judiciary Committee will hold a hearing titled Revisions
to the Attorney General's Investigative Guidelines.
Attorney General John Ashcroft
will testify. Webcast. Location: Room 2141, Rayburn Building.
10:00 AM. The Senate
Judiciary Committee will hold an executive business
meeting. See, notice.
Location: Room 226, Dirksen Building.
12:00 NOON - 1:30 PM. The FTC's Bureau of
Competition will hold a public workshop on merger
investigation best practices. This is the sixth workshop
of a seven part, five city, series. See, FTC release.
Location: FTC, Room 332, 600 Pennsylvania Ave., NW.
12:00 NOON. The Cato Institute
will host a panel discussion titled Antitrust Flies High:
Is the Orbitz Investigation Good News for Consumers? The
scheduled speakers are Gary Doernhoefer (Orbitz), James DeLong
(Competitive Enterprise
Institute), Andrew Steinberg (formerly with
Travelocity.com), Thomas Lenard (Progress
and Freedom Foundation), and Robert Atkinson (Progressive Policy Institute).
Lunch will follow. Webcast. See, notice.
Location: Cato, 1000 Massachusetts Ave., NW.
1:00 PM. The Senate
Governmental Affairs Committee will continue its hearing
to examine the relationship between a Department of Homeland
Security and the intelligence community. Location: Room 342,
Dirksen Building.
2:00 PM. The Senate
Judiciary Committee will hold a hearing on pending
judicial nominations. See, notice.
Location: Room 226, Dirksen Building.
2:00 PM. The House
Judiciary Committee's Subcommittee on Courts, the Internet
and Intellectual Property will hold a hearing titled Unpublished
Judicial Opinions. Webcast. Location: Room 2141, Rayburn
Building. |
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| Friday, June 28 |
The House will meet at 9:00 AM for legislative business.
8:30 - 11:00 AM. The Alliance
for Public Technology (APT) and the High Tech Broadband
Coalition (HTBC) will host a breakfast briefing titled From
Debate to Deployment: Changing the Broadband Reality. The
participants include FCC Commissioner Kathleen
Abernathy, who is scheduled to speak at 9:05 AM. Other
participants include Debbie Goldman (Communications Workers of
America), Allen Hammond (University
of Santa Clara School of Law), Edie Herman (Communications Daily),
Edward Neaf (Cambridge
Strategic Management Group), Paul Schroeder (APT), and
Gary Shapiro (Consumer
Electronics Assoc. and HTBC). See, agenda. Press contact:
Matt Bennett at 202 263-2972 or mbennett @apt.org.
Location: Lowe's L'Enfant Plaza Hotel, 480 L'Enfant Plaza.
9:30 AM. The Senate Governmental Affairs Committee will hold a
hearing to examine how the proposed Department of Homeland
Security should address weapons of mass destruction, and
relevant science and technology, research and development, and
public health issues. Location: Room 342, Dirksen Building.
10:00 AM. The House
Judiciary Committee's Subcommittee on Commercial and
Administrative Law will hold an oversight hearing titled Administrative
Law, Adjudicatory Issues, and Privacy Ramifications of
Creating a Department of Homeland Security. Audio webcast.
Location: Room 2141, Rayburn Building.
Deadline to submit comments to the FTC
in response to its Notice of Proposed Rulemaking to amend its Telemarketing
Sales Rule. The new rule would impose user fees on
telemarketers, and their seller or telemarketer clients, for
their access to the national do not call registry, if
one is implemented. See, notice
in Federal Register. |
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| Monday, July 1 |
Neither the House nor the Senate will not meet Monday July 1
through Friday July 5, due to the Independence Day work
period.
Extended deadline to submit reply comments to the 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, May 29 notice
[PDF] extending deadline from June 3 to July 1. See also, Order
[PDF] extending deadline from May 14 to June 3, and original
notice in Federal Register.
Deadline to submit nominations to the NIST
for appointment to the Advanced
Technology Program Advisory Committee. See, notice
in Federal Register.
Deadline to submit nominations to the NIST
for appointment to the Visiting Committee
on Advanced Technology. See, notice
in Federal Register. |
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