The bill provides that "Notwithstanding any other provision of law, the presiding judge of an appellate court of the United States may, in the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides." The bill contains a similar provision for District Court judges. However, the section on District Courts also provides for the obscuring of the faces of witnesses upon their request.

Sen. Grassley stated in the Senate that "Sunshine bill will help the American people to become better informed about the judicial process. Moreover, this bill will help to produce a better judiciary. Increased public awareness and scrutiny will bring about greater accountability and help judges to do a better job." See, Cong. Record, March 6, 2003, at S3276.

Sen. Schumer stated in a release that "From Bush v. Gore to the Amadou Diallo case in New York, we've learned that Justice Brandeis had it right: sunshine is the best disinfectant. Courts are government agencies. The more the public knows about how the government works, the better ... If there are flaws in our governing institutions -- including our courts -- we hide them only at our peril. Allowing cameras in the courtroom would shine even more light on our judicial system, improving public understanding of the judicial process and increasing public scrutiny of our courts."

The bill was referred to the Senate Judiciary Committee, which passed a similar bill in the 107th Congress, S 986 (107th).

Rep. Goodlatte stated that "This important legislation will correct a serious flaw in our federal jurisdiction statutes. At present, those statutes forbid federal courts from hearing interstate class actions -- the lawsuits that involve more money and touch more Americans than virtually any other litigation pending in the American legal system ... Federal courts were actually designed by the Framers of the Constitution to handle large cases that crossed state boundaries. This measure puts these suits in the federal jurisdiction where they belong."

This bill is nearly identical to HR 2341 (107th), the Class Action Fairness Act of 2002. The House passed that bill on March 13, 2002 by a vote of 233-190. See, Roll Call No. 62. See also, story titled "House Passes Class Action Reform Bill", TLJ Daily E-Mail Alert No. 388, March 14, 2002, and TLJ story, "House Committee Holds Hearing on Abusive Class Action Litigation", TLJ Daily E-Mail Alert No. 363, February 7, 2002. However, the Senate did not pass that bill.

Also, on February 4, 2003, Sen. Charles Grassley (R-IA) and others introduced S 274, the Class Action Fairness Act of 2003. See, TLJ story: "Sen. Grassley Introduces Class Action Reform Bill", TLJ Daily E-Mail Alert No. 600, February 10, 2003.

See also, statement of Rep. Lamar Smith (R-TX), who is the Chairman of the Courts, the Internet and Intellectual Property Subcommittee, and a cosponsor of the bill.

3/5. Rep. James Sensenbrenner (R-WI) and others introduced HR 1086, a bill to encourage the development and promulgation of voluntary consensus standards by providing relief under the antitrust laws to standards development organizations. The bill was referred to the House Judiciary Committee, which Rep. Sensenbrenner chairs.

3/6. The Senate Commerce Committee held a hearing on the Federal Communications Commission's (FCC) Spectrum Policy Task Force's (SPTF) report [PDF] and spectrum issues. See, opening statement of Sen. Conrad Burns (R-MT) and opening statement of Sen. Ernest Hollings (D-SC). See also, prepared testimony of Steven Berry of the Cellular Telecommunications and Internet Association, prepared testimony of Kevin Kahn of Intel, prepared testimony of Paul Kolodzy, a former Chair of the FCC's SPTF, prepared testimony of Gregory Rosston of Stanford University, and prepared testimony of Michael Calabrese of the New America Foundation.

The Statute. The COPA, which is codified at 47 U.S.C. § 231, prohibits any person from "knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of the World Wide Web, mak[ing] any communication for commercial purposes that is available to any minor and that includes any material that is harmful to minors".

Unlike the Communications Decency Act, which the Supreme Court held unconstitutional in Reno v. ACLU, the COPA only affects the web, only affects commercial communications, and only restricts material that is harmful to minors (rather than all indecency).

Prior Proceedings. Promptly after enactment, the ACLU and others filed a complaint in U.S. District Court (EDPenn) against then Attorney General Janet Reno challenging the constitutionality of the act. The District Court issued a preliminary injunction on First Amendment grounds. The U.S. Court of Appeals (3rdCir) affirmed.

The Supreme Court then vacated and remanded to the Third Circuit. On May 13, 2002, the Supreme Court of the U.S. issued its opinion [54 pages in PDF] upholding the constitutionality of the community standards component of the COPA. It wrote that "This case presents the narrow question whether the Child Online Protection Act's (COPA or Act) use of ``community standards´´ to identify ``material that is harmful to minors´´ violates the First Amendment. We hold that this aspect of COPA does not render the statute facially unconstitutional."

The Supreme Court wrote that "The scope of our decision today is quite limited. We hold only that COPA's reliance on community standards to identify ``material that is harmful to minors´´ does not by itself render the statute substantially overbroad for purposes of the First Amendment. We do not express any view as to whether COPA suffers from substantial overbreadth for other reasons, whether the statute is unconstitutionally vague, or whether the District Court correctly concluded that the statute likely will not survive strict scrutiny analysis once adjudication of the case is completed below. While respondents urge us to resolve these questions at this time, prudence dictates allowing the Court of Appeals to first examine these difficult issues." (Emphasis in original.)

The Court also noted that the Attorney General did "not ask us to vacate the preliminary injunction entered by the District Court, and in any event, we could not do so without addressing matters yet to be considered by the Court of Appeals. As a result, the Government remains enjoined from enforcing COPA absent further action by the Court of Appeals or the District Court."

Present Opinion. On remand, the Third Circuit affirmed the District Court injunction, but on different grounds. It held that "the District Court did not abuse its discretion in granting the plaintiffs a preliminary injunction on the grounds that COPA, in failing to satisfy strict scrutiny, had no probability of success on the merits. COPA is clearly a content-based restriction on speech. Although it does purport to serve a compelling governmental interest, it is not narrowly tailored, and thus fails strict scrutiny. COPA also fails strict scrutiny because it does not use the least restrictive means to achieve its ends. The breadth of the ``harmful to minors´´ and ``commercial purposes´´ text of COPA, especially in light of applying community standards to a global medium and the burdens on speech created by the statute’s affirmative defenses, as well as the fact that Congress could have, but failed to employ the least restrictive means to accomplish its legitimate goal, persuade us that the District Court did not abuse its discretion in preliminarily enjoining the enforcement of COPA."

The Appeals Court also held that the COPA is overbroad.

Now, the case is likely to go back to the Supreme Court.

3/7. The U.S. Court of Appeals (9thCir) issued its opinion [PDF] in Seinfeld v. Bartz. Greg Seinfeld, a shareholder of Cisco Systems, filed a complaint in U.S. District Court (NDCal) against Cisco and several of its directors, including Carol Bartz, alleging violation of federal securities laws in connection with the issuance of a proxy statement which Seinfeld alleged should have included the value of stock options granted to outside directors. The District Court dismissed this derivative action. The Court of Appeals affirmed.

The USTR announced, but did not release, this FTA on November 19, 2002. See, story titled "USTR Announces Agreement for FTA with Singapore", TLJ Daily E-Mail Alert No. 553, November 20, 2002. Under the trade promotion authority bill passed by the last Congress, the Congress can approve or reject, but not amend, this FTA.

See especially, chapters pertaining to intellectual property rights [30 pages in PDF], electronic commerce [4 pages in PDF], and joint statement regarding electronic commerce [5 pages in PDF]. See also, chapter pertaining to telecommunications [16 pages in PDF], Side Letter on State Issues, and Side Letter on Divestment Issues.

The USTR also released chapter summaries of the US Chile FTA. See, links to individual chapters.

3/3. The Senate confirmed Marian Horn to be a Judge of the Court of Federal Claims for a term of fifteen years.

3/6. The Senate confirmed Janet Hale to be Under Secretary for Management at the new Department of Homeland Security.

3/6. The Senate confirmed Timothy Stanceu to be a Judge of the U.S. Court of International Trade.

3/5. The Senate Finance Committee approved the nominations of Charlotte Lane and Daniel Pearson to be members of the U.S. International Trade Commission (USITC). See, Sen. Grassley release.

2/25. The U.S. District Court (SDFl) sentenced Mark Cecil Thurman to eight years imprisonment and ordered him to pay more than $4.2 Million in restitution to his victims. He previously plead guilty to conspiracy to commit securities fraud, counterfeit securities violations, money laundering, and wire fraud in connection with his his sale of stock in Families On Line, his filtered internet service provider, and then misappropriating those funds. This is D.C. No. 01-6044-CR See. Securities and Exchange Commission (SEC) release.

3/3. The U.S. District Court (SDFl) found Shlomo Malka to be in civil contempt in connection with his continued operation of an unlicensed radio station in violation of 47 U.S.C. § 301, Federal Communications Commission (FCC) rules, and a prior court injunction. See, FCC release.

3/5. The U.S. Patent and Trademark Office (USPTO) announced that it has released PatentIn 3.2.2, an improved version of PatentIn 3.2. PatentIn 3.1 is a computer program designed to expedite the preparation of patent applications containing nucleic acid and amino acid sequences. See, USPTO release.

The FCC also stated that it will consider a Notice of Inquiry (NOI) in its DTV conversion proceeding "concerning the possibility of incorporating receiver interference immunity performance specifications into its spectrum policy on a broader basis". This item is titled "Interference Immunity Performance Specifications for Radio Receivers; Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television". The is MM Docket No. 00-39.

The FCC will also consider a Report and Order concerning electronic filing of applications and forms for the Multichannel Video and Cable Television Service and the Cable Television Relay Service. This is CS Docket No. 00-78.

Finally, the FCC's Consumer & Governmental Affairs Bureau will present the FCC's new Section 504 Programs and Activities Accessibility Handbook.

9:00 AM. The General Services Administration (GSA) will hold a public meeting the implementation of Section 211 of the E-Government Act of 2002. The GSA published a notice of proposed rulemaking in the Federal Register, January 23, 2003, Vol. 68, No. 3220, at Pages 3220-3225. Section 211 authorizes the Administrator of GSA to provide for the use by States or local governments of its Federal Supply Schedule for "automated data processing equipment (including firmware), software, supplies, support equipment, and services ..." See, notice of meeting in Federal Register, February 21, 2003, Volume 68, No. 35, at Page 8486-8487. Location: 1931 Jefferson Davis Highway, Crystal Mall Building 3, Room C-43, Arlington, VA. The closest Metro station is Crystal City.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in United Church of Christ v. FCC, No. 02-1039. Judges Randolph, Rogers and Williams will preside. Location: 333 Constitution Ave., NW.

9:30 AM - 4:30 PM. The Consumer Electronics Association (CEA) will host a conference titled "Surmounting the HDTV Summit". See, schedule and information and registration page. Location: Renaissance Washington Hotel.

1:45 PM - 3:00 PM. Eddie Fritts (NAB), Robert Sachs (NCTA), Gary Shapiro (CEA), and Jack Valenti (MPAA) will participate in a panel discussion at the CEA's HDTV conference.

2:00 PM. The Information Technology Association of America (ITAA) will host a webcast event titled "RIAA's Litigation Against Verizon". The speaker will be Sarah Deutsch, VP and Associate General Counsel of Verizon Communications. See, registration page. For more information, contact Mark Uncapher at muncapher@itaa.org. On January 21, 2003, the U.S. District Court (DC) issued its opinion in RIAA v. Verizon, ruling that copyright holders can obtain subpoenas pursuant to 17 U.S.C. § 512(h) that require ISPs to reveal the identities of their customers who infringe copyrights on peer to peer filing sharing systems. Verizon had argued that 512(h) subpoenas were only available with respect to infringers who stored infringing content on the servers of the ISP. See also, TLJ story titled "District Court Rules DMCA Subpoenas Available for P2P Infringers", January 21, 2003.

3:15 - 4:15 PM. Rick Chessen (Chair of Federal Communications Commission's (FCC) DTV Task Force), Johanna Mikes (office of Rep. Rick Boucher), and Jessica Wallace (House Commerce Committee Counsel), will participate in a panel discussion at the CEA's HDTV conference. Location: Renaissance Hotel, Washington, DC.

Day one of a two day annual meeting of the Advanced Television Systems Committee (ATSC). Location: Grand Hyatt Hotel, 1000 H Street, NW.

Extended deadline to submit reply comments to the Copyright Office (CO) in response to its current rulemaking proceeding concerning exemptions to the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). Initial comments proposing exemptions for specific classes of works were due by December 18, 2002. Reply comments were due February 19. Static Control Components (SCC) filed a late petition [14 pages in PDF] requesting that the CO also consider the following additional proposed exemptions in its pending rulemaking proceeding: "1. Computer programs embedded in computer printers and toner cartridges and that control the interoperation and functions of the printer and toner cartridge 2. Computer programs embedded in a machine or product and which cannot be copied during the ordinary operation or use of the machine or product 3. Computer programs embedded in a machine or product and that control the operation of a machine or product connected thereto, but that do not otherwise control the performance, display or reproduction of copyrighted works that have an independent economic significance." The CO granted this petition and extended the deadline. See, the CO's original Notice of Inquiry in the Federal Register, October 15, 2002, Vol. 67, No. 199, at Pages 63578-63582, and notice of extension in the Federal Register, February 10, 2003, Vol. 68, No. 27, at Pages 6678-6679.

Day two of a two day annual meeting of the Advanced Television Systems Committee (ATSC). At 9:00 AM, Nancy Victory, Director of the National Telecommunications and Information Administration (NTIA), will speak. At 9:15 AM, Eddie Fritts (NAB) will speak. At 9:30 AM, Robert Sachs (NCTA) will speak. At 9:45 AM, Gary Shapiro (CEA) will speak. At 1:45 PM, there will be a panel discussion titled "Speeding to Digital". The participants will be Richard Wiley (Wiley Rein & Fielding), Rick Chessen (FCC), Michael McEwen (CDTV), Leonardo Ramos (Televisa Mexico), and Jungsun Seol (South Korea Ministry of Information and Communications). See, full agenda [PDF]. Location: Grand Hyatt Hotel, 1000 H Street, NW.

8:30 AM - 5:00 PM. The National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB), which was previously named the Computer System Security and Privacy Advisory Board (CSSPAB), will meet. This is the first day of a three day meeting. See, agenda in notice in the Federal Register, February 28, 2003, Vol. 68, No. 40, at Pages 9638 - 9639. Location: NIST, Bethesda Hyatt Regency Hotel, 7400 Wisconsin Avenue, Bethesda, MD.

9:00 AM - 3:45 PM. The National Institute of Standards and Technology's (NIST) Advanced Technology Program Advisory Committee will meet. See, notice in the Federal Register, February 28, 2003, Vol. 68, No. 40, at Page 9638. Location: NIST, Administration Building, Lecture Room B, Gaithersburg, Maryland.

9:30 AM. The Information Policy Institute will host a news conference title "Media Concentration and Local Markets". For more information, contact Michael Turner at 212 629-4557 Location: National Press Club, Holeman Lounge, 529 14th St. NW, 13th Floor.

2:00 PM. The House Judiciary Committee's Crime Subcommittee will meet to hold a hearing, and then a markup session, on two bills, including HR 1161, the Child Obscenity and Pormography Prevention Act. Webcast. Location: Room 2141, Rayburn Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Ranger Cell v. FCC, No. 02-1093. Judges Ginsburg, Edwards and Garland will preside. Location: 333 Constitution Ave., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Legislative Committee will host a reception for members of the House and Senate Commerce Committees. See, registration form [PDF] for prices. Location: Room 106, Dirksen Building.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking, (FNPRM), released last month, regarding whether providers of various services and devices not currently within the scope of the FCC's 911 rules should be required to provide access to emergency services. This is CC Docket No. 94-102 and IB Docket No. 99-67. See, notice in the Federal Register, January 23, 2003, Vol. 68, No. 15, at Pages 3214 - 3220, and notice of extension.

TIME? Phil Bond, Under Secretary of Commerce for Technology, will participate in a panel discussion at the Conference on Nanotechnology on "Implications for U.S. Economic Growth -- The Global Nanotech Race" at the Woodrow Wilson International Center. For more information, contact Connie Correll at 202 482-1065. Location: Ronald Reagan Building, One Woodrow Wilson Plaza, 1300 Pennsylvania Ave., NW.

10:30 AM - 12:30 PM. The Federal Communications Commission's (FCC) Wireless Telecommunications Bureau will host a forum to present a new license search interface that will be available for the public to access Multi-point Distribution Service/Instructional Television Fixed Service (MDS/ITFS) License data. Location: FCC, 6th Floor (South Conference Room), Room B516, 445 12th Street, SW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch. The title of the program is "The Role of In House Counsel". The speakers Bob Calaff (T-Mobile USA), Melissa Newman (Qwest Communications), Bob Beizer (Gray Television), and Jim Coltharp (Comcast). For more information contact Yaron Dori at ydori@hhlaw.com or Ryan Wallach at rwallach@willkie.com. Location: Willkie Farr & Gallagher, 1875 K St., NW.

2:00 PM. The Senate Judiciary Committee will hold a hearing on pending judicial nominations: Comac Carney (to be Judge of the U.S. District Court for the Central District of California), James Selna (Central District of California), Philip Simon (Northern District of Indiana), Theresa Springmann (Northern District of Indiana), Mary Ellen Williams (Federal Claims), and Victor Wolski (Federal Claims). See, notice. Location: Room 226, Dirksen Building.

Deadline to submit applications to the Department of Commerce (DOC) to participate in "Information and Communications Technologies Business Development Mission" to Northern Ireland and the Republic of Ireland on April 6-11, 2003. The DOC stated that this mission will offer "Numerous opportunities for trade and partnership in e-commerce, telecommunications, electronics, and software. Also opportunities for partnership in R&D in lab and university and cross-border initiatives." See, notice and application form [PDF].

9:00 AM. The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property will hold a hearing titled "International Copyright Piracy: Links to Organized Crime and Terrorism". Webcast. Location: Room 2141, Rayburn Building.

9:30 AM. The Senate Judiciary Committee will hold a hearing titled "Setting the Record Straight: The Nomination of Justice Priscilla Owen". See, notice. Location: Room 226, Dirksen Building.

9:30 AM. The Senate Commerce Committee will meet in executive session to vote on pending nominations and legislation. Location: Room 253, Russell Building.

9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. See, agenda. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

12:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Practice Committee will host a brown bag lunch. The speakers will be Policy Division Chief & Deputies. No RSVP is required. Location: Willkie Farr & Gallagher, 1875 K St., NW.

2:00 PM. The House Government Reform Committee's Subcommittee on Technology, Information Policy, Intergovernmental Relations and the Census will hold a hearing titled "Federal E-Government Initiatives: Are We Headed in the Right Direction?" The scheduled witnesses are Mark Forman (Office of Management and Budget), Joel Willemssen (General Accounting Office), David McClure (The Council for Excellence in Government), and Leonard Pomata (webMethods). Press contact: Bob Dix at 202 225-6751. Location: Room 2154, Rayburn Building.

10:00 AM - 1:00 PM. The Federal Communications Commission's (FCC) Homeland Security: Network Reliability Council VI will meet. FCC Chairman Michael Powell and Qwest Ch/CEO Richard Notebaert will chair the meeting. See, notice [PDF]. Webcast. Location: FCC, Room TW-C305 (Commission Meeting Room), 445 12th Street, SW.