|O'Neill Says India's Tech Sector Needs Less
|11/22. Treasury Secretary
Paul O'Neill gave a
speech to the Confederation of Indian
Industry and the American Chamber of Commerce in New Delhi, India. He praised the
potential of India's high tech sector, but argued that to flourish, it needs
less government regulation.
He started by pointing out that "India’s high tech facilities, whether
foreign, domestic, or jointly owned,
demonstrate some of the highest productivity levels in the world. The leading
technology and management institutes here are among the best, and students
graduating from those programs are capable of unmatched productivity and value
creation. Many often are lured away by top multinationals."
He added that "I am struck by the extraordinary potential of this nation". However,
he pointed out that "entrepreneurs and engineers represent only
a very small fraction of the population".
O'Neill (at right) offered his assessment of what is holding India
back. He said that "the
private sector is unable to attract the investment it needs to fund new ideas",
and that "entrepreneurs and investors are intimidated by excessive regulation
and corruption". He also said that "the government fails to effectively invest
in the people".
Then, he offered his recommendations. He argued that "To unleash the
potential for higher living standards and job creation, a nation's leaders must
make an unflinching commitment to good governance, economic freedom, and
investment in people."
He elaborated that "Government programs that achieve meaningful, clearly
efficiently and with the minimum intervention in the private sector generate
greater value for each taxpayer dollar or rupee spent. Unproductive government
programs waste money that could have been invested in job creation, sap private
productivity with unnecessary and arbitrary interference, distort markets, and
undermine public confidence in the nation’s leadership."
On another matter, he said that the U.S. and India are "the two largest
democracies in the world",
and are "bound together by economic ties, in flows of products, investment,
people, and ideas. We share a common language, common political ideals, much
history, and today we share a common battle against the forces of terror ..."
|Crichton Novel on Nanotechnology Goes on
|11/25. Michael Crichton's new book,
Prey [Amazon], goes on sale on November 25. The Amazon review states, in part,
that "In the
Nevada desert, an experiment has gone horribly wrong. A cloud of nanoparticles
-- micro-robots -- has escaped from the laboratory. This cloud is
self sustaining and self reproducing. It is intelligent and learns from
experience. For all practical purposes, it is alive. It has been programmed as a
Phil Bond (at right), who is the Under Secretary of Commerce for
Technology, and Chief of Staff,
gave a speech
on the federal government's National
Nanotechnology Initiative (NNI) on May 23, 2002. He stated that "Nanotechnology
is one of the
rare and wonderful subjects in Washington where there is deep bipartisan
agreement -- from President George Bush to Senate Leader Tom Daschle, from former
President Bill Clinton to former House Speaker Newt Gingrich. This coalition
helps explain why nanotechnology has enjoyed significant R&D funding increases."
Bond added that "The National Science
Foundation estimates that global
governmental spending on nano R&D is about $2.2 billion. Today the United States
accounts for a little more than a quarter, Japan about one-third, and Western
Europe about a fifth. Today there is excitement. We lead the world."
However, Washington's enthusiasm for nanotechnology is not shared by all.
For example, there is
Bill Joy, the
Chief Scientist at Sun Microsystems. He wrote
for the April 2000 issue of Wired Magazine
titled "Why the future doesn't
Joy (at right) wrote: "What was different in the 20th
century? Certainly, the technologies
underlying the weapons of mass destruction (WMD) -- nuclear, biological, and
chemical (NBC) -- were powerful, and the weapons an enormous threat. But building
nuclear weapons required, at least for a time, access to both rare -- indeed,
effectively unavailable -- raw materials and highly protected information;
biological and chemical weapons programs also tended to require large scale
In contrast, wrote Joy, "The 21st century technologies -- genetics,
nanotechnology, and robotics (GNR)
-- are so powerful that they can spawn whole new classes of accidents and abuses.
Most dangerously, for the first time, these accidents and abuses are widely
within the reach of individuals or small groups. They will not require large
facilities or rare raw materials. Knowledge alone will enable the use of them.
Thus we have the possibility not just of weapons of mass destruction but of
knowledge enabled mass destruction (KMD), this destructiveness hugely amplified
by the power of self-replication."
Joy also suggested that "Given the incredible power of these new
technologies, shouldn't we be asking
how we can best coexist with them? And if our own extinction is a likely, or
even possible, outcome of our technological development, shouldn't we proceed
with great caution?"
He concluded that developing nanotechnology is a "Faustian bargain", in which
"we run a grave risk -- the risk that we might destroy
the biosphere on which all life depends."
Bruce Mehlman, Assistant Secretary of Commerce for Technology Policy, gave a
October 11, 2002, in which he stated that "the government's role in the
research, development, and commercialization of nanotechnology includes ... [h]elping
ensure consideration of the social, legal and ethical implications."
Mehlman continued, "That is not to suggest that Bill Joy is right, that the
future does not need us and grey goo will take over the planet. But technology
is neither good nor bad -- even nanotechnology. It can enable extraordinary
things, and we all hope nanotech will allow for radical improvements in the
human condition. Technology can also be misused or misunderstood. Nanotechnology
innovations are most likely to enable progress when they are understood by the
public and used responsibly, and the government can help here."
|Recording Industry Plaintiffs File Contempt
Motion Against Madster
|11/20. The plaintiff music companies in the case captioned "In Re Aimster
Copyright Litigation" filed a motion titled "Plaintiffs' Motion for Order to Show Cause Re
Contempt", and an memorandum in support, in the
U.S. District Court (NDIll).
and memorandum [16 page PDF scan].
On September 4, 2002, the District Court issued its
Memorandum Opinion and Order in the consolidated Aimster copyright
litigation, granting a motion for preliminary injunction filed by various record
companies and music publishers against the Aimster file sharing service, which
is now known as Madster.
The plaintiffs now state that the infringement by Madster "continues unabated".
They ask the Court to hold Madster in contempt for violation its November 4
injunction order. They also ask for appointment of a compliance officer, and for
the assessment of fines.
The memorandum in support states that "the overwhelming majority of
Plaintiffs' copyrighted works identified in their Complaints still are available
on the Aimster System and Service." See also,
Recording Industry Association of America (RIAA)
See also, story titled "District Court Finds Contributory and Vicarious
Infringement by Madster" in
TLJ Daily E-Mail
Alert No. 502, September 5, 2002; and story titled "RIAA Files Proposed
Injunction Order in Aimster Case" in
TLJ Daily E-Mail
Alert No. 513, September 13, 2002.
|Thanksgiving Publication Schedule
The Tech Law Journal Daily E-Mail Alert will not be published on Wednesday, November
27, Thursday, November 28, or Friday, November 29.
|Monday, November 25
|9:30 A.M. The Electronic Privacy
Information Center (EPIC) will host a briefing on Total Information
Awareness and the civil liberties implications of the Homeland Security Act.
Location: National Press Club, First
Amendment Lounge, 529 14th St. NW, 13th Floor.
Deadline to submit comments to the The
National Telecommunications and Information Administration (NTIA)
regarding the product recall notices exception to the Electronic Signatures in
Global and National Commerce (E-SIGN) Act. The Act provides, at §101, for the
acceptance of electronic signatures in interstate commerce, with certain
enumerated exceptions. §103 of the Act provides that "The provisions of
section 101 shall not apply to ... (2) any notice of ... (D) recall of a
product, or material failure of a product, that risks endangering health or
safety". The Act also requires the NTIA to review, evaluate and report to
Congress on each of the exceptions. See,
notice in the Federal Register.
|Tuesday, November 26
|2:00 - 4:00 PM. The Bureau of Industry
and Security's (BIS) National Infrastructure Advisory Council (NIAC) will
hold a partly open, and partly closed, meeting. The NIAC advises the President
on the security of
information systems for critical infrastructure supporting other sectors of
the economy, including banking and finance, transportation, energy,
manufacturing, and emergency government services. The agenda of this meeting
includes deliberation regarding comments received on the draft document
titled "National Strategy to Secure Cyberspace". (Comments were due by
November 18.) The scheduled speakers include Richard Davidson (Director of NIAC), Richard Clarke,
Juster (Director of BIS). For more information contact Eric Werner at 202
notice in the
federal register. Location: Truman Room, White House Conference Center, 726
Jackson Place, NW.
|Wednesday, November 27
The TLJ Daily E-Mail Alert will not be published, for a Thanksgiving break.
|Thursday, November 28
Thanksgiving Day. The FCC will be closed. The TLJ Daily E-Mail Alert will
not be published.
|Friday, November 29
|The TLJ Daily E-Mail Alert will not be published.
Deadline to submit comments to the Commerce Department's
Bureau of Industry and Security (BIS),
formerly known as the Bureau of Export Administration (BXA), in response to
its request for comments on its foreign policy based export controls set forth
in the Export Administration Regulations (EAR). This pertains to, among other
things, high performance computers and encryption products. See,
notice in the Federal Register, September 27, 2002, Vol. 67, No. 188, at
Pages 61047 - 61049.
|Tech Crime Report
|11/22. A grand jury of the U.S. District Court (NDCal) returned an
[PDF] of Phillip White, a former CEO of Informix, a database software company,
alleging securities fraud, mail fraud and wire fraud in connection with
financial accounting practices. See also,
11/22. The Superior Court of
California (Los Angeles County) sentenced Lisa Chen to nine years in prison and
ordered her to pay $11 Million in restitution to
Symantec for her role in importing into
the U.S. through Long Beach ports counterfeit copies of software products. The
counterfeit items included Windows XP, Windows 2000 NT and Microsoft Office 2000
Pro software, along with manuals, user license agreements, decals for windows
and bar code labels. See, District Attorney's
release of November 21, and
release of August 26. Charges
against other members of the ring are pending in federal court.
|People and Appointments
|11/18. Charles Wang announced his retirement as Chairman and as a
member of the Board of Directors of Computer
Associates International, effective immediately. The Board elected P/CEO
Sanjay Kumar to succeed Wang as Chairman. See,
11/20. Avanex stated in a
release that "company chairman Walter Alessandrini has been elected by the
Board of Directors to the additional roles of chief executive officer and
president of the company effective immediately. He succeeds Paul Engle, who had
served as president and CEO since July 2001, and has resigned from the company
to pursue other interests."
11/22. Herb Perone was named Deputy Director of the Office of Public
Affairs at the Securities and Exchange Commission
(SEC). He was previously Director of Media Relations & External Communications
for the American Council of Life Insurers. See,
|11/22. The International Telecommunications Union
(ITU) announced that its will host an event titled "Workshop on Satellites in IP
and Multimedia" in Geneva, Switzerland, on December 9-11. See,
Communications stated in a
release that EchoStar and NBC "have settled their dispute over the Satellite
Home Viewer Improvement Act and distant network channel transmission. That
litigation, pending in Federal court in Florida, will be dismissed between
EchoStar and NBC."
|About Tech Law Journal
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