|U.S. and India Sign Statement of Principles
for Tech Commerce
|2/5. Representatives of the U.S. and India signed a
titled "Statement of Principles for U.S. India High Technology Commerce". The
statement follows President Bush's meeting with Indian Prime Minister Vajpayee
in November of 2002.
The statement provides that "The two Governments note that there is immense
untapped potential for India-U.S. high technology commerce and recognise the
importance of taking steps to remove systemic tariff and non-tariff barriers,
identify and generate awareness of market opportunities, and build additional
confidence in the two countries for such trade, in a way that reflects their new
relationship and common strategic interests."
The statement further provides that "The Government of India appreciates the
importance that the Government of the United States attaches to a supportive
regulatory and institutional environment in India for robust bilateral high
technology commerce, including easing barriers to such commerce. The Government
of India intends to do its utmost in this regard."
Back on October 29, 2002, U.S. Ambassador to India Robert Blackwill gave a
speech to the Federation of Indian Chambers of Commerce and Industry in New
Delhi. He stated "Virtually every major American IT firm has a presence in
southern India". But, they tend not to sell in the domestic market. Also, there
could be much more foreign investment. He said that "Americans hesitate to
invest in India because of the uncertainty over India's economic reforms." He
cited several problems, including that "taxes and tariffs here are still too
high, and there remains too much government interference over business
decisions". He also stated that "within the US business community there is an
erosion of confidence about whether the sanctity of contracts will be honored in
India". See, story titled "US Ambassador Addresses IT in India" in
TLJ Daily E-Mail
Alert No. 539, October 31, 2002.
The statement also provides that "The two Governments understand the
importance of enhancing trade between India and the United States in “dual-use”
items, including controlled “dual use” goods and technologies, while protecting
the national security and foreign policy interests of both countries, and intend
to take steps to facilitate such trade, which is a component of high technology
The statement was signed by
who is the Under Secretary of
Commerce in charge of the Bureau of Industry
and Security (BIS), and by Indian Foreign Secretary Kanwal Sibal.
|California Court Rules on Electronic Discovery
|2/5. The California
Court of Appeal issued its
[MS Word] in Dodge
Warren & Peters v. Riley,
a case regarding pre-trial discovery of electronic evidence.
Plaintiff is Dodge Warren & Peters Insurance Services (Dodge), an insurance
brokerage. Defendants, James Riley and others (Riley), are former Dodge
employees who set up their own insurance brokerage. Before leaving, they copied
certain of Dodge's electronic files. Dodge filed a complaint in California Superior
Court against Riley alleging misappropriation of trade secrets, unfair business
practices, breach of fiduciary duty and breach of contract.
Dodge requested, and the Superior Court granted, a preliminary injunction
that requires the preservation of electronic evidence by prohibiting the
defendants from destroying, deleting or secreting from discovery any of their
electronic storage media. It also requires them to allow a court appointed
expert to copy all of it, including computer hard drives and discs, to recover
lost or deleted files and to perform automated searches of that evidence under
guidelines agreed to by the parties or established by the court.
The Court of Appeal affirmed the grant of the preliminary injunction.
|EPIC Argues Black
Marker Redaction Inappropriate under FOIA for Electronic Records
|2/5. The Electronic
Privacy Information Center (EPIC) filed an
brief [PDF] with the Supreme Court
in BATF v. City of Chicago, a
Freedom of Information
Act (FOIA) case. The EPIC argues that "black marker redaction is
inappropriate in an age of electronic record keeping".
On November 12, 1998 the City of Chicago filed a complaint in Illinois state
court against firearms makers and distributors. It also sought records from the
Department of the Treasury's
Bureau of Alcohol, Tobacco and Firearms (BATF) under the FOIA regarding
multiple sales of handguns and the tracing of firearms involved in crimes. The
BATF withheld certain records asserting that they
were exempt. Chicago then filed
a complaint in U.S. District Court (NDIll).
Both parties moved for summary judgment on the issue of whether certain FOIA
exemptions protected some of the requested data from disclosure. The District
Court granted summary judgment to Chicago, holding that none of the FOIA
exemptions permit ATF to withhold any of the requested records. On April 25,
2002, the U.S. Court of Appeals (7thCir)
opinion affirming the District Court. The Supreme Court granted certiorari.
The EPIC has submitted an amicus brief to the Supreme Court.
The EPIC wrote in its brief that "Even if
portions of the City of Chicago's request are properly exempt from disclosure
under the FOIA, ATF can provide the City with the requested information by
encoding the exempt portions while retaining the integrity of the remainder of
the requested information. In interpreting the FOIA in this way so as to
encourage access to information while preserving privacy, the Court would be
faithful to the language of the Act and the intent of Congress in the new
context of pervasively used electronic databases. The definition of redaction
propounded by petitioner ATF is outdated in the modern day world of computer
technology and is inconsistent with ATF's own system of information distribution
|People and Appointments
|2/4. President Bush announced his intent to nominate Janice Obuchowski
to be Ambassador to the
Radiocommunication Conference 2003 (WRC 2003). See,
House release. See also, FCC WRC 2003
page. She is currently the President of Freedom Technologies, Inc.
Previously, she cofounded, with Al Salmasi, NextWave,
which last month won its battle to retain its spectrum licenses. See,
[34 pages in PDF] of the
Supreme Court. She was also EVP of
NextWave from 1995 through 1998. Before that, she was head of
the National Telecommunications and
Information Administration (NTIA) during the first Bush administration.
Before that, she was Executive Director of International Affairs at NYNEX. And
before that, she held various positions at the FCC, including Senior Advisor to former
FCC Chairman Mark Fowler. The web site of Orbital
Space Systems Group
lists her as a member of its Board
of Directors. Finally, see 1995
testimony (at Paragraph 9)
of former Rep. Susan Molinari (R-NY) before the House Judiciary Committee's
Subcommittee on the Constitution regarding Obuchowski. [Sources: (1) January 3, 1997
of the FCC regarding NextWave's spectrum licenses, which discusses Obuchowski's
involvement with NextWave and Qualcomm; (2) Orbital Science Corporation's
Proxy Statement [PDF], April 16, 2001; (3) Yahoo
Insider & Form 144 Filings; and (4)
2/4. The Senate confirmed Paul McHale to be an Assistant Secretary of
Defense, and Christopher Henry to be Deputy Under Secretary of Defense
2/5. President Bush announced his intent to appoint Richard Parsons to
be a Member of the
President’s Council on Service and Civic Participation. He is CEO of AOL
Time Warner Inc. See,
2/5. The Senate began its debate on the nomination of Miquel Estrada
to be a Judge of the U.S. Court of
Appeals (DCCir). The Senate
Judiciary Committee approved the nomination last week.
|2/5. The House Commerce
Committee's Subcommittee on Telecommunications and the Internet
held a hearing titled "Health of the Telecommunications Sector: A
Perspective from Investors and Economists". See, prepared testimony
Atkinson (Columbia University),
Bath (Lehman Brothers
Brouder (Cambridge Strategic Management Group),
Crandall (Brookings Institute), and
Strumingher (Cobalt Capital). See also,
prepared statement for Rep. Billy
Tauzin (R-LA), Chairman of the full Committee.
2/5. The Senate Banking
Committee held a hearing on the nomination of William Donaldson
to be a member of the Securities and Exchange
Commission (SEC). See,
testimony of Donaldson. See also,
statement of Sen. Richard Shelby
(R-AL), Chairman of the Committee, and
statement of Sen. Paul Sarbanes
(D-MD), the ranking Democrat. See also,
links to opening statements of other Committee members.
2/5. The Department of Commerce (DOC)
requested nominations for the 2003
National Medal of Technology
awards. Secretary of Commerce Donald Evans stated in a
release that the
winners "are the pioneers, explorers and risk-takers who have pushed the
boundaries of science and technology - improving all areas of our lives ...
Their groundbreaking contributions have helped bring useful technologies to
market, create jobs, increase U.S. productivity, stimulate our nation’s economic
development and maintain America’s technological leadership.” The deadline for
submitting 2003 nominations will be May 23, 2003. See,
2/5. The Department of Commerce's (DOC)
Bureau of Industry and Security (BIS) published in its web site a
titled "Annual Report -- Fiscal Year 2002". Chapters
[PDF] cover the export controls, licensing and enforcemetn.
[5 pages in PDF] of the report addresses "Critical Infrastructure Protection".
This chapter reviews the activities of the BIS's
Critical Infrastructure Assurance Office (CIAO).
2/3. Federal Communications Commission
Jonathan Adelstein gave a
speech [5 pages in PDF] titled "Rural America and the Promise of Tomorrow".
He spoke at the National Telecommunications
Cooperative Association (NTCA) Annual Meeting and Expo in Phoenix, Arizona.
He discussed broadband deployment in rural areas, universal service, and the
impact of regulatory classifications on contributions to the universal service
fund. For example, he stated that "Another issue that’s occupied much of our
time lately is whether the FCC should treat broadband offered by incumbent local
exchange carriers -- usually DSL -- as a telecommunications service regulated
under Title II of the Communications Act -- which is the Common Carrier portion
of the Act -- or as an information service under Title I -- the general
provisions of the Act. This seemingly simple difference can have huge
ramifications for universal service. If these broadband services are classified
as information services, the FCC loses much of the oversight that comes with
Title II. And information service providers don’t now contribute to universal
service. This raises a lot of questions. Does it mean, for example, that
revenues from these services can’t contribute toward universal service? We’ve
got to think hard about this at a time when the demands on the fund are
increasing and contributions are decreasing."
2/5. Federal Communications Commission
(FCC) Chairman Michael Powell
statement regarding broadcast media ownership. He said that "I
am enormously pleased so many citizens have chosen to participate in the
broadcast ownership proceeding. The number of comments is staggering -- 13,000
from the general public alone. It is gratifying to witness first hand the
unparalleled opportunities technology now provides the American public to
participate in the democratic process. This record clearly demonstrates that in
the digital age, you don't need a 19th century whistle stop tour to hear from
America. In addition to poring through this exhaustive record, I will attend the
FCC's hearing in Richmond, Virginia on February 27. I commend others for their
interest in attending additional forums."
|About Tech Law Journal
|Tech Law Journal publishes a free access web site and
subscription e-mail alert. The basic rate for a subscription
to the TLJ Daily E-Mail Alert is $250 per year. However, there
are discounts for subscribers with multiple recipients. Free one
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Contact: 202-364-8882; E-mail.
P.O. Box 4851, Washington DC, 20008.
Copyright 1998 - 2003 David Carney, dba Tech Law Journal. All
|The TLJ Daily E-Mail Alert will not be published on Friday,
February 7, 2003.
|Thursday, February 6
|The House will not be in session, due to a memorial service for the crew
of the Columbia, and a
Republican retreat. The Senate will meet at 9:30 AM, and continue debate on
the nomination of Miquel Estrada. The Supreme Court is in recess.
TIME CHANGE. 11:30 AM. The
Senate Judiciary Committee
will hold an executive business meeting. The agenda
includes consideration of several judicial nominees: John Roberts (to be a
Judge of the U.S. Court of Appeals for the DC Circuit), Deborah Cook (6th
Circuit), Jeffrey Sutton (6th Circuit), John Adams (U.S.D.C., N.D. Ohio),
Robert Junell (U.S.D.C., W.D. Texas), James Otero (U.S.D.C., C.D. California).
The agenda also includes consideration of several bills, including
S 113, a
bill to exclude United States persons from the definition of "foreign power"
under the Foreign Intelligence Surveillance Act (FISA) of 1978. See,
Location: Room 226, Dirksen Building.
10:00 AM. Ed Thomas, Chief of the Federal
Communications Commission's (FCC) Office
of Engineering and Technology (OET) will hold a press briefing "to provide
an update on policy issues related to emerging technologies and implementation
of recent recommendations for spectrum reform". Press contact: Lauren Van
Wazer at 202 418-0030. Location: FCC, 8th Floor, South Conference Room
(8B-516), 445 12th Street, SW.
10:00 AM. The U.S. Court of Appeals (FedCir)
will hear oral argument en banc in Festo v. SMC Corp., No. 95-1066.
Location: Courtroom 201, 717 Madison Place, NW.
10:00 AM. The Internet Security
Alliance (ISA) will hold a press conference to announce the release of new
information security consumer guidelines. The scheduled speakers will include
Orson Swindle (Commissioner, Federal Trade Commission), Dave McCurdy (ISA),
Susan Grant (National Consumers League), and Mark MacCarthy (Visa). For more
information, contact Michelle McWhinney at 703 465-0276. See,
FTC release. Location: Lisagore Room, National Press Club,
529 14th Street, NW.
10:00 AM. There will be a panel discussion titled "Civil
Liberties in the Information Age" sponsored by The Potomac
Institute for Policy Studies. The scheduled speakers are Amitai
Etzioni (George Washington University), Rep. Curt Weldon (R-PA),
Marc Rotenberg (Electronic Privacy Information Center), Eleanor
Hill (King & Spaulding), and Jamie Gorelick (Fannie Mae).
Location: National Press Club, 529 14th Street, NW, 13th Floor.
11:00 AM. The House
International Relations Committee will hold its
organizational meeting for the 108th Congress. Location: Room 2172, Rayburn
3:30 PM. Madhavi Sunder (Professor of Law, University of California at
Davis Law School) will give a lecture titled "IP3: Intellectual Property,
Identity Politics, and the Internet Protocol". For more information,
contact Julie Cohen at
Georgetown University Law Center, Faculty Lounge, 600 New Jersey Ave., NW.
Deadline to submit comments to the Federal
Communications Commission (FCC) regarding
BellSouth's December 20, 2002
Petition for Forbearance [16 pages in PDF] from application of the separate subsidiary
provide international directory assistance service. BellSouth asked the FCC to
forbear from applying the structural separation requirements of
47 U.S.C. § 272
to allow BellSouth to provide international directory assistance service on an
integrated basis together with its local and nonlocal directory assistance
services. See, FCC
notice [2 pages in PDF]. This is CC Docket No. 97-172.
|Friday, February 7
|There will be no votes in the House.
12:00 NOON. The Cato Institute will
host a panel discussion titled "Technology Policy in the 108th Congress". The
speakers will be Steve Delbianco (Association for Competitive Technology),
Clyde Crews (Cato), and Adam Thierer (Cato). See,
notice and registration
page. Location: Room B-369, Rayburn Building.
12:00 NOON - 1:30 PM. The Bureau of
Industry and Security's National Infrastructure Advisory Council (NIAC)
will meet. Richard Clarke (Special Advisor to the President for Cyberspace
Security) and Richard Davidson, (Chairman of NIAC) will speak. The agenda also
includes a discussion of Internet Protocol Version 6.0 and responsible
disclosure of cyber attacks or incidents. The public can attend only via
teleconference. Call 1-888-899-7785 (toll free) or 1-913-312-4169 (toll), and
when prompted, enter pass code 1468517. See,
notice in the Federal Register, January 28, 2003, Vol. 68, No.18, at Page
12:15 PM. The Federal Communications Bar
Association's (FCBA) Wireless Telecommunications Practice Committee will
host a luncheon. The speakers will be wireless and spectrum Legal Advisors to FCC
Commissioners. The price is $15. RSVP to Wendy Parish at
email@example.com. Location: Sidley Austin,
1501 K St., NW, Conference Room 6E.
|Monday, February 10
|9:30 AM. The U.S. Court of Appeals
(DCCir) will hear oral argument in Primosphere Ltd v. FCC, Nos.
01-1526 and 1527. Judges Henderson, Rogers and Silberman will preside.
Location: 333 Constitution Ave., NW.
3:00 - 5:00 PM. The State Department's International Telecommunication
Advisory Committee (ITAC) will meet regarding the
World Summit on the Information Society
(WSIS), scheduled to take place in December of 2003. See,
notice in the Federal Register, February 4, 2003, Vol. 68, No. 23, at
Pages 5689-5690. Location: National Academy of Sciences, 2100 C St. NW.
POSTPONED TO FEBRUARY 28.
Deadline to submit reply comments to the Federal Communications
Commission's (FCC) regarding the
[73 pages in PDF] of the FCC Spectrum Policy Task Force
(SPTF). The report recommends that "spectrum policy must evolve towards more
flexible and market oriented regulatory models." See, original
notice of extension [PDF].
Deadline to submit reply comments to the
Federal Communications Commission (FCC) regarding the Tier III Coalition's
petition to forbear, up to December 31, 2005, from enforcing the E911 accuracy
and reliability standards set forth in § 20.18(h) of the FCC’s Rules with
respect to Commercial Mobile Radio Service (CMRS) provided by Tier III
wireless carriers. See,
FCC notice [PDF]. This is WT Docket No. 02-377.
Deadline to submit comments to the The
National Telecommunications and Information
Administration (NTIA) regarding the health and life insurance cancellation
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 "the
cancellation or termination of health insurance or benefits or life insurance
benefits (excluding annuities)". (Parentheses in original.) The Act also
requires the NTIA to review, evaluate and report to Congress on each of the
exceptions. The E-SIGN Act is codified at
15 U.S.C. § 7001,
et seq. The exceptions are codified at
15 U.S.C. § 7003.
Extended deadline to submit applications to the
Federal Communications Commission (FCC) for membership on the FCC's
Consumer Advisory Committee. For more information, contact Scott Marshall at
202 418-2809 firstname.lastname@example.org. The
deadline had been January 31. On January 31 the FCC extended the deadline.
|Tuesday, February 11
|9:30 AM. The Commerce Department's
Bureau of Industry and Security's (BIS) Sensors and Instrumentation
Technical Advisory Committee will meet. Part of the meeting will be closed to
the public. See,
notice in the Federal Register, January 17, 2003, Vol. 68, No.12, at Page
2499. Location: Herbert Hoover Building, Room 3884, 14th Street between
Constitution and Pennsylvania Avenues, NW.
5:00 PM. The Federal Communications Bar Association's
(FCBA) Diversity Committee and Young Lawyers Committee will host a Law School
Outreach Program at George Washington University for law students interested
in practicing communications law.
Deadline to submit reply comments to the
Federal Communications Commission (FCC) in response to its Notice of
Inquiry (NOI) regarding competition in the Commercial Mobile Services (CMRS)
industry. The FCC seeks data and information for its Eighth Annual Report and
Analysis of Competitive Market Conditions with Respect to Commercial Mobile
Services. This is WT Docket No. 02-379. See,
notice in the Federal Register, January 7, 2003, Vol. 68, No. 4, at Pages
730 - 740. For more information, contact Chelsea Fallon at 202 418-7991.
|Wednesday, February 12
9:30 AM. The Senate Judiciary
Committee will hold a hearing on judicial nominations. Location: Room 226,
10:00 AM to 12:00 NOON. The
Federal Communications Commission's (FCC)
Office of Engineering and Technology (OET)
will host a tutorial titled "Feature Detection and Listen Before Talk
Systems", which have possible applications for unlicensed systems. John Betz
of the Mitre Corporation will speak. See,
notice. Location: FCC, Commission Meeting Room (TW-C305), 445 12th Street
1:00 - 5:00 PM. The National
Telecommunications and Information Administration (NTIA) will host an
event titled "Voice Over Internet Protocol (VoIP) Roundtable". The NTIA stated
notice that the event will address VoIP "and the convergence of the
Internet and the public switched telephone network. The roundtable will
include an overview of VoIP technology, including a brief demonstration of the
Commerce Department's new VoIP telephone system." There will also be two panel
agenda. The event will be webcast. Location: Department of Commerce, 1401
Constitution Avenue, NW, Room 4830.
5:00 - 7:00 PM. The Congressional
Internet Caucus will hold its "6th Annual Kickoff Reception & Technology
Fair". The schedule includes brief statements by the Internet Caucus
Chairmen, Sen. Conrad Burns (R-MT),
Sen. Patrick Leahy (D-VT),
Rep. Bob Goodlatte (R-VA), and
Rep. Rick Boucher (D-VA), and by
Timothy Muris, Chairman of the Federal Trade
Commission (FTC) and Howard Schmidt, Acting Chairman of
the President’s Critical Infrastructure Security Board. There will also be
technology demonstrations by Advanced Biometric Systems, E-Gov OS, Full Audio
(music downloads), MovieLink, NTT DoCoMo (3G), Proxim (WiFi), University of
Virginia (telemedicine), and Xybernaut. Location: Room 902, Hart Senate Office
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New Year. All of these changes have one central purpose -- protecting the rights
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The Tech Law Journal web site and the Tech Law Journal Daily E-Mail Alert
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