|ICANN Demands That VeriSign Cease Wildcard
10/3. On Friday, October 3, Paul Twomey, P/CEO of the
Internet Corporation for Assigned Names and
Numbers (ICANN) sent a
letter to VeriSign in which it state,
"please consider this a formal demand to return the operation of the .com and
.net domains to their state before the 15 September changes, pending further
technical, operational and legal evaluation. A failure to comply with this
demand will require ICANN to take the steps necessary under those agreements to
compel compliance with them."
Russell Lewis, an EVP at VeriSign, responded in a
release that "Without
so much as a hearing, ICANN today formally asked us to shut down the Site Finder
service. We will accede to the request while we explore all of our options ...
During the more than two weeks that Site Finder has been operational, there is
no data to indicate that the core operation of the Domain Name System or
stability of the Internet has been adversely affected. ICANN is using anecdotal
and isolated issues to attempt to regulate non-registry services, but in the
interests of further working with the technical community we will temporarily
suspend Site Finder."
Previously, the ICANN had merely requested that VeriSign undo its wildcard
feature changes that caused misspelled and/or unassigned domain names with the
.com or .org top level domain to be redirected to a VeriSign page. VeriSign
calls this its "Site Finder" service.
Twomey added that "VeriSign must suspend the changes to the .com and .net
top-level domains introduced on 15 September 2003 by 6:00 PM PDT on 4 October
2003. Failure to comply with this demand by that time will leave ICANN with no
choice but to seek promptly to enforce VeriSign's contractual obligations."
He further wrote that "it appears that these changes have had a substantial
adverse effect on the core operation of the DNS, on the stability of the
Internet, and on the relevant domains, and may have additional adverse effects
in the future. These effects appear to be significant, including effects on web
browsing, certain email services and applications, sequenced lookup services and
a pervasive problem of incompatibility with other established protocols. In
addition, the responses of various persons and entities to the changes made by
VeriSign may themselves adversely affect the continued effective functioning of
the Internet, the DNS and the .com and .net domains. Under these circumstances,
the only prudent course of action consistent with ICANN's coordination mission
is to insist that VeriSign suspend these changes pending further evaluation and
study, including (but certainly not limited to) the public meeting already
scheduled by ICANN's Security and Stability Advisory Committee on 7 October in
This meeting will be held from 10:00 AM to 4:00 PM at the
Strategic and International Studies (CSIS) located at 1800 K Street, NW. See,
|Senators Craig and Durbin Introduce Bill to Modify
10/2. Sen. Larry Craig (R-ID),
Sen. Richard Durbin (D-IL),
Sen. Mike Crapo (R-ID),
Sen. Russ Feingold (D-WI),
Sen. John Sununu (R-NH),
Sen. Ron Wyden (D-OR), and
Sen. Jeff Bingaman (D-NM) introduced
the "Security and Freedom Ensured Act of 2003", or SAFE Act. This is another
bill to roll back a few of the more controversial provisions of the USA PATRIOT Act.
The bill would modify several sections of the criminal code, which is
codified at Title 18, and the Foreign Intelligence Surveillance Act (FISA),
which is codified at 50 U.S.C. § 1861, et seq., to revise changes made by the
USA PATRIOT Act. The "Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act of 2001" was passed by
the 107th Congress as
HR 3162. It became Public Law 107-56 on October 26, 2001.
Sen. Craig (at right) stated in the Senate that "the USA PATRIOT
Act is not a perfect law". He said that his bill would "make some commonsense
changes that help to safeguard our freedoms, without sacrificing our security.
It focuses on areas of activity that have been particularly controversial:
delayed notice warrants, which are also referred to as ``sneak and peek´´
warrants; wiretaps that do not require specificity as to either person or place;
the impact of the new law on libraries; and nationwide search warrants. Our bill
would amend, not eliminate these tools or repeal the USA PATRIOT Act in these
Section 501 Business Records. S 1709 would amend Section 501 of the
FISA. This is the section of the FISA that
provides for "Access to Certain Business Records for Foreign Intelligence and
International Terrorism Investigations". The PATRIOT Act, at Section 215,
rewrote Section 501. This Section 215 of the PATRIOT is the source of the
American Library Association's (ALA) complaints
about the PATRIOT Act.
The ALA has complained that this section is harmful to libraries and library
users. Attorney General John Ashcroft has responded that the government has
never used this section to obtain the records of any library.
See, stories titled "Ashcroft Says American Library Association Attacks on
PATRIOT Act Are Hysteria and Hyperbole" in TLJ Daily E-Mail Alert No. 740,
September 16, 2003; "Ashcroft and Critics Continue Debate Over Section 215
Access to Business Records" in TLJ Daily E-Mail Alert No. 745, September 24,
2003; and "Ashcroft Addresses Roving Wiretaps and Access to Business Records" in
TLJ Daily E-Mail Alert No. 746, September 25, 2003.
To recap, Section 215 of the PATRIOT Act (HR 3162 in the 107th Congress)
replaced Sections 501-503 of the FISA with new language designated as Section
501 and 502. Section 501 of the FISA, in turn, is codified in Title 50 as
Section 1861. Sen. Craig's bill (HR 1709 in the 108th Congress) provides, at
Section 4, further revisions to Section 501 of the FISA.
FISA only applies to foreign powers, and agents of foreign powers, including
international terrorists. Section 501 enables the FBI to obtain from a judge or
magistrate an order requiring the production business records. While the statute
does not expressly include library records, it is not disputed that library
records could be obtained.
Currently, Section 501 requires that the application to the judge or
magistrate "shall specify that the records concerned are sought for an
authorized investigation conducted in accordance with subsection (a)(2) to
obtain foreign intelligence information not concerning a United States person or
to protect against international terrorism or clandestine intelligence
S 1709 would change this to requires that the application, "shall specify that--
(A) the records concerned are sought for an authorized investigation
conducted in accordance with subsection (a)(2) to obtain foreign intelligence
information not concerning a United States person or to protect against
international terrorism or clandestine intelligence activities; and
(B) there are specific and articulable facts giving reason to believe
that the person to whom the records pertain is a foreign power or an agent of a
Also, currently, Section 501 provides that "Upon an application made pursuant
to this section, the judge shall enter an ex parte order as requested, or as
modified, approving the release of records if the judge finds that the
application meets the requirements of this section."
S 1709 would add a phrase requiring that the judge finds that "there are
specific and articulable facts giving reason to believe that the person to whom
the records pertain is a foreign power or an agent of a foreign power".
That is, S 1709 adds the requirement that the FBI state to the judge, and the
judge must find, that there are facts giving reason to believe that the person
to whom the records pertain is a foreign power or an agent of a foreign power.
This change, if enacted, might make it a little harder for the FBI to obtain
orders under Section 501.
Sen. Durbin, a cosponsor of S 1709, stated in the Senate on October 2 that
"The FBI can now seize records on the books you check out of the library or
the videos you rent, simply by certifying that the records are sought for a
terrorism or intelligence investigation, a very low standard. A court no longer
has authority to question the FBI's certification. The FBI no longer must show
that the documents relate to a suspected terrorist or spy."
He stated that S 1709 would "Reinstate the pre-PATRIOT Act standard for
seizing business records. In order to obtain a subpoena, the FBI would have to
demonstrate that it has reason to believe that the person to whom the records
relate is a suspected terrorist or spy. The SAFE Act retains the expansion of
the business record provision to include all business records, including library
records, rather than just the four types of records--hotel, car rental, storage
facility and common carrier--covered before the PATRIOT Act."
On the other hand, Attorney General Ashcroft recently stated that "Not a
single American's library records has been reviewed under the Patriot Act". He
added, "No offense to the American Library Association, but we just don't care."
See, September 18
Libraries As Electronic Communication Service Providers. S 1709 would
amend 18 U.S.C. § 2709, which currently requires that "A wire or electronic
communication service provider shall comply with a request for subscriber
information and toll billing records information, or electronic communication
transactional records in its custody or possession made by the Director of the
Federal Bureau of Investigation ..." (Section 505 of the PATRIOT Act amended
Section 2709 of Title 18.)
S 1709, at Section 5, would insert an exception: "A library shall not be
treated as a wire or electronic communication service provider for purposes of
Delayed Notice of Search Warrants. S 1709, at Section 3, would amend 18
U.S.C. § 3103a to limit the authority to delay notice of search warrants.
Sen. Durbin stated that "The FBI can conduct a ``sneak and peek'' search of
your home, not
notifying you of the search until after a ``reasonable period,'' a term which is
not defined in the PATRIOT Act. A court is now authorized to issue a ``sneak and
peek'' warrant where a court finds ``reasonable cause´´ that providing immediate
notice of the warrant would have an ``adverse result,'' a very broad standard.
The use of ``sneak and peek´´ warrants is not limited to terrorism cases.
He said that S 1709 would "Authorize a court to issue a delayed notification
warrant where notice of the warrant would endanger the life or physical safety
of an individual, result in flight from prosecution, or result in the
destruction of or tampering with the evidence sought under the warrant. It would
require notification of a covert search within seven days, rather than an
undefined ``reasonable period.´´ It would authorize unlimited additional 7-day
delays if the court found that notice of the warrant would continue to endanger
the life or physical safety of an individual, result in flight from prosecution,
or result in the destruction of or tampering with the evidence sought under the
Roving Wiretaps. S 1709, at Section 2, would amend Section 105(c) of
the FISA, which is codified at 50 U.S.C. § 1805.
Sen. Durbin stated that "The FBI can obtain a ``John Doe´´ roving wiretap,
which does not specify the
target of the wiretap or the place to be wiretapped. This increases the
likelihood that the conversations of innocent people wholly unrelated to an
investigation will be intercepted."
He added that S 1709 would "Limit ``John Doe´´ roving wiretaps by requiring
the warrant to identify either the target of the wiretap or the place to be
wiretapped. To protect innocent people from Government surveillance, it would
also require that surveillance be conducted only when the suspect is present at
the place to be wiretapped."
The bill also adds several new requirements that the FBI submit reports to
the Congress regarding exercise of powers granted or expanded by the PATRIOT
Act. It would also provide for the sunsetting of several provisions.
Sen. Lisa Murkowski (R-AK) has
also introduced a bill to modify some of the provisions of the PATRIOT Act.
On July 31, 2003 she introduced
[21 pages in PDF], the "Protecting the Rights of Individuals Act", or PRI Act.
story titled "Sen. Lisa Murkowski Introduces Bill to Roll Back Surveillance
Provisions of PATRIOT Act", July 31, 2003.
|Sen. Feingold Introduces Bill to Limit
Delayed Notice Warrants
10/2. Sen. Russ Feingold (D-WI)
introduced S 1701, the "Reasonable Notice and Search Act" a bill to limit the
use of delayed notice warrants, also know as "sneak and peak" warrants.
Sen. Feingold summarized his bill in the Senate. "This bill addresses the
provision of the USA PATRIOT Act that has caused perhaps the most concern among
Members of Congress. Section 213 of the PATRIOT Act, sometimes referred to as
the ``delayed notice search provision´´ or the ``sneak and peek provision,´´
authorizes the Government in limited circumstances to conduct a search without
immediately serving a search warrant on the owner or occupant of the premises
that have been searched." See, Congressional Record, October 2, 2003, at
Sen. Feingold's bill would require the government to give notice of the
warrant within 7 days, but allow a judge to extend this time period. Section
213 requires notice within an undefined "reasonable period". The bill would also
narrow the circumstances in which a delayed notice warrant could be issued.
Finally, this bill would provide for the sunsetting of Section 213 at the end of
The bill was referred to the
Senate Judiciary Committee. Sen. Feingold is a member.
|Senate Finance Committee Approves FSC/ETI
10/1. The Senate Finance Committee
amended and approved
S 1637, the
"Jumpstart Our Business Strength Act", or JOBS Act. This bill
would replace the current Extraterritorial Income Act (ETI), and its
predecessor, the Foreign Sales Corporation (FSC) tax regime.
Most nations have a territory tax regime, by which they tax the income of
corporations within their territory. The U.S. has a global tax
regime. American corporations are taxed by the
U.S. government for their domestic and foreign income.
This puts U.S. corporations at a competitive disadvantage with respect to
their foreign competitors when competing in a global economy. Hence, Congress
has enacted various exceptions to the general rule, through such methods as the
foreign tax credit, the Domestic International Sales Corporation (DISC), the FSC
tax regime, and most recently, the ETI.
Baucus (D-MT) (at right), the ranking
Democrat on the Committee, explained one reason for passing this bill. He stated
that a "reason why we act today is to respond to an international tax case that
the United States lost in the World Trade
Organization (WTO). In a dispute brought by the European Union, the WTO
found that the Foreign Sales Corporation (FSC) and Extraterritorial Income Act (ETI)
were impermissible export subsidy programs." See,
statement [PDF] of Sen. Charles
Grassley (R-IA), the Chairman of the Committee.
The tax treatment of income from foreign sales is significant to technology
companies that sell a large proportion of their goods and services abroad. Also,
if this issue is not resolved, the European Union could imposes trade sanctions
that would harm technology companies.
There is a competing bill pending in the House,
the "American Jobs Creation Act of 2003", sponsored by
Rep. Bill Thomas (R-CA), the
Chairman of the House Ways and Means
Committee. However, the Ways and Means Committee has yet to act on this
The House bill has broader support from software, computer, information
technology, and communications companies. Its supporters include AOL Time
Warner, Apple, Cisco, Dell, eBay, EDS, HP, IBM, Iomega, Oracle, Sun
Microsystems, Telcordia, TI, BellSouth, AT&T, SBC, and Verizon. See,
House Speaker Denny Hastert (R-IL)
statement [PDF] on October 2. "Chairman Bill
Thomas has developed tax reform legislation that replaces the current FSC-ETI
tax benefit with tax proposals that provide additional support for manufacturing
and jobs in the United States. The Chairman's bill uses the opportunity
provided by the WTO-mandated decision to terminate current FSC-ETI benefits to
create a better tax structure for U.S. manufacturers competing against foreign
companies. I support Chairman Thomas expeditiously moving forward with this
Secretary of the Treasury
John Snow had
this to say: "I applaud Senate Finance Committee Chairman Grassley, Ranking
Member Baucus and the Committee for their hard work in moving the FSC/ETI
legislation forward. The Administration's top priority is getting a bill enacted
that complies with the WTO ruling and avoids triggering $4 billion in EU trade
sanctions. The EU has stated the Congress needs to pass bills out of both houses
by the end of the year to avoid such sanctions. We encourage Congress to replace
ETI in a way that improves the competitiveness of America's manufacturers and
other job creators. It is critically important that we continue to work together
to get legislation enacted." See,
|More Trade News
10/3. The Office of the U.S. Trade
Representative (USTR) published a
notice in the Federal Register stating that comments regarding countries
that deny adequate and effective protection of intellectual property rights or
deny fair and equitable market access to U.S. persons who rely on intellectual
property protection are due by 12:00 NOON on October 27, 2003. Section 182 of
the Trade Act of 1974 requires the USTR to prepare a report. Section 182,
which is codified at
19 U.S.C. § 2242, is also referred to as "Special 301". This is an out of
cycle review. The USTR announced that this review will focus on Korea. However,
it added that "Additional countries may also be reviewed as a result of the
comments received pursuant to this notice, or as warranted by events." See,
notice in the Federal Register, October 3, 2003, Vol. 68, No. 192, at Page
10/2. Rep. Bernie Sanders (S-VT), and
HR 3228, a
short bill that provides that "normal trade relations treatment shall not apply
to the products of the People's Republic of China, and normal trade relations
treatment may not thereafter be extended to the products of that country." The
bill was referred to the House Ways and
|People and Appointments
Bush announced his intent to nominate James Comey (at right) to be the Deputy
Attorney General, the second highest position at the
Department of Justice (DOJ). If confirmed by the
Senate, he would replace Larry Thompson, who left in August. Comey is currently
the U.S. Attorney for the Southern District of New York.
He replaced Mary Jo White in early 2002. Previously, he was
Managing Assistant U.S. Attorney in charge of the Richmond Division of the
Eastern District of Virginia. Prior to that, he worked in the USAO for the
Southern District of New York, including as Deputy Chief of the Criminal Division.
He is a graduate of the University of
Chicago School of Law. See, White House
release. Over the summer, Sen. Charles
Grassley (R-IA), a senior member of the
Senate Judiciary Committee, had
placed holds on President Bush's nominees for top positions at the DOJ because
of the DOJ's failure to produce certain records related to Senate oversight of
the DOJ and FBI. He has released those holds.
10/3. The Senate confirmed Jack Goldsmith to be Assistant Attorney
General in charge of the Office of Legal
Counsel (OLC). He replaces Jay Bybee, who was recently confirmed as a
Judge of the U.S. Court of Appeals (10thCir). Goldsmith was previously a
professor at the University of Chicago
School of Law, on leave. See, story titled "Bush Nominates Goldsmith to Head
OLC" in TLJ Daily
E-Mail Alert No. 677, June 10, 2003. See also, article authored by Goldsmith
Cyberanarchy". See also, "Against Cyberanarchy, 65 Chi. L. Rev. 1199
(1998); "Regulation of the Internet: Three Persistent Fallacies", 73
Chic.-Kent L. Rev. 1119 (1998); and, "The Internet and the Abiding Relevance
of Territorial Sovereignty", 5 Ind. J. Glob. Leg. Stud. 475 (1998). Sen.
Grassley had previously placed a hold on this nomination. See, Congressional
Record, July 30, 2003, at S10258.
10/3. The Senate confirmed Daniel Bryant be Assistant Attorney General
in charge of the Office of Legal Policy (OLP).
Viet Dinh, who has returned to his teaching position at
Georgetown University Law Center.
The OLP is tasked with making recommendations to the Congress regarding
anti-terrorism legislation, such as amendments to the PATRIOT Act. Sen. Grassley
had previously placed a hold on this nomination. See, Congressional Record,
August 1, 2003, at S10898.
10/3. The Senate confirmed Karin Immergut to be the U.S. Attorney for
the District of Oregon.
10/2. The Senate confirmed John Houston to be a Judge of the U.S.
District Court for the Southern District of California.
10/2. The Senate confirmed Robert Clive Jones to be a Judge of the
U.S. District Court for the District of Nevada.
10/2. The Senate confirmed Philip Figa to be a Judge of the U.S.
District Court for the District of Colorado.
10/3. The Federal Communications Commission (FCC)
named the members of its Localism Task Force. The Co-Chairs are Michele Ellison
(Deputy General Counsel, Office of General Counsel), Robert Ratcliffe (Deputy
Chief, Media Bureau). The Chief of Staff is Royce Sherlock
(Chief, Industry Analysis Division, Media Bureau). The Special Counsel are
Eric Bash (Attorney Advisor, Policy Division, Media Bureau), Kimberly
Reindl (Attorney Advisor, Office of General Counsel), Elizabeth Valinoti
(Attorney Advisor, Industry Analysis Division, Media Bureau), and Harry Wingo
(Special Counsel, Office of General Counsel). The other task force members are
Simon Wilkie (Chief Economist, Office of Strategic Planning & Policy
Analysis), Linda Blair (Deputy Chief, Enforcement Bureau), Richard
Diamond (Deputy Director, Office of Media Relations), Jonathan Levy
(Deputy Chief Economist, Office of Strategic Planning & Policy Analysis),
Renée Licht (Deputy Director, Office of the Managing Director), Kris
Monteith (Deputy Chief, Consumer and Governmental Affairs Bureau), Jerry
Duvall (Chief, Economic Research, Media Bureau), Mary Beth Murphy
(Chief, Policy Division, Media Bureau), Judith Herman (Assistant Chief,
Industry Analysis Division, Media Bureau), Roger Holberg (Assistant
Chief, Industry Analysis Division, Media Bureau), Marilyn Sonn (Assistant
General Counsel, Administrative Law Division, Office of General Counsel),
Lori Holy (Attorney Advisor, Office of Legislative Affairs), Janice Wise
(Program & Information Specialist, Consumer and Governmental Affairs Bureau).
|Reps. Goodlatte and Boucher Introduce Bill
to Limit Business Activity Taxes
10/1. Rep. Bob Goodlatte
(R-VA), Rep. Rick Boucher (D-VA),
and others, introduced
the "Business Activity Tax Simplification Act of
2003", a bill that would limit states' ability to impose business activity taxes (BATs).
It would require that a business have a physical presence in the taxing jurisdiction
to be subject to a BAT. It was
referred to the House Judiciary Committee.
Rep. Goodlatte (at right) stated in a release
that "This legislation sets specific
guidelines for when an out-of-state business may be charged a tax for doing
business in a state ... Just because a website can be accessed
by consumers in a certain state, doesn’t mean that state should be able to
collect taxes from the website owner. This legislation focuses on allowing the
Internet and the commerce that it facilitates to expand, by eliminating
excessive taxes that harm on-line growth."
The bill provides that "no taxing authority of a State shall have power to
impose, assess, or collect a net income tax or other business activity tax on
any person relating to such person's activities in interstate commerce, unless
such person has a physical presence in the State during the taxable period with
respect to which the tax is imposed."
The bill then proceeds to outline the requirements for "physical presence".
It does not, however, reference websites or the internet.
Rep. Boucher stated in a release that "Currently, no clear standard exists to
define a ``substantial nexus´´ for the taxation of business activity by the
states. This uncertainty has allowed several states to impose unfair taxes onto
businesses which have no physical presence in those states and do not benefit
from the services provided by the tax revenue. The Business Activity Tax
Modernization Act would rectify the unfairness which currently exists by setting
a physical presence nexus standard. This standard would ensure that states have
the ability to tax businesses which benefit from services provided by the state
and businesses which have no physical presence in a state would be exempt from
taxation on business activity in that state."
These Congressmen have introduced similar legislation in the past. See,
(107th Congress), the "Internet Tax Fairness Act of 2001". See also, story
titled "Goodlatte and Boucher Introduce Net Tax Moratorium Bill" in
TLJ Daily E-Mail
Alert No. 229, July 18, 2001; and "House Subcommittee Approves Bill to Limit
Business Activity Taxes" in
TLJ Daily E-Mail
Alert No. 471, July 17, 2002.
The present bill, HR 3220, unlike HR 2526, lacks specific language pertaining
the internet, web sites, communications and intellectual property.
For example, HR 2526 (107th Congress), as introduced in 2001, would have
prohibited several internet
related BATs, including taxes on "The use of the Internet to create or maintain
a World Wide Web site accessible by persons" in the taxing jurisdiction. It
would also have prohibited BATs on the use of an ISP, on-line service provider,
internetwork communication service provider, or other internet access service
provider, or web hosting service. It would also have prohibited BATs on the "use
of any service provider for transmission of communications, whether by cable,
satellite, radio, telecommunications, or other similar system." Also, it would
have prohibited BATs based on the "presence or use of intangible personal
property ... including patents, copyrights, trademarks, logos, ... electronic or
digital signals, and web pages ..."
|Monday, October 6
The House will not meet. See,
The Senate is in adjournment until Tuesday, October
14, at 9:30 AM.
The Supreme Court begins its October 2003 term.
12:30 PM. VeriSign
will host a media briefing. For more information, contact Stephanie Cathcart at 202
326-1821. Location: Murrow Room, National
Press Club, 529 14th St. NW, 13th Floor.
Extended deadline to submit comments to the
Executive Office of the President's (EOP)
Office of Science and Technology Policy's (OSTP)
National Science and
Technology Council's (NSTC) Subcommittee on Research Business Models
regarding the relationship between federal agencies and researchers. The NSTC
published its original
notice in the Federal Register on August 6 stating that it "is undertaking a review of
policies, procedures, and plans relating to the business relationship between
federal agencies and research performers with the goal of improving the
performance and management of federally sponsored basic and applied scientific
and engineering research." See, Federal Register, August 6, 2003, Vol. 68, No. 151, at Pages
46631 - 46632. See also,
notice of extension in the Federal Register, September 16, 2003, Vol. 68,
No. 179, at Pages 54226 - 54227.
|Tuesday, October 7
The House will meet at 12:30 PM for morning hour and at 2:00 PM for
legislative business. Votes will be postponed until 6:30 PM. The House will
consider several items under suspension of the rules, including
a bill to amend the E-Government Act of 2002 with respect to rulemaking
authority of the Judicial Conference. See,
Republican Whip Notice.
9:30 AM. The U.S. Court of Appeals (DCCir)
will hear oral argument in Jacqueline Orloff v. FCC, No. 02-1189.
Judges Sentelle, Randolph and Rogers will preside. See,
brief [51 pages in
PDF] of the FCC. Location: 333 Constitution Ave. NW.
10:00 AM - 4:00 PM. The Internet
Corporation for Assigned Names and Numbers' (ICANN) Security and Stability
Advisory Committee (SECSAC) will hold a meeting to gather input regarding
VeriSign's recent change to the operation of the registry for the .com and
.net Top Level Domains (TLDs). See,
Center for Strategic and
International Studies (CSIS), 1800 K Street, NW.
10:00 AM. The U.S. Court of Appeals (FedCir)
will hear oral argument in Intouch Group v. Amazon.com, No. 02-1631.
This is an appeal from the U.S.
District Court (NDCal) in a patent infringement case (D.C. No.
C-00-1156-DLJ) involving internet audio technology.
Intouch alleged that
Amazon's, and others', method of
interactive delivery of portions of recorded music infringe its business
method patent. See,
U.S. Patent No. 5,237,157, titled "Kiosk apparatus and method for point of
preview and for compilation of market data", and
U.S. Patent No. 5,963,916 titled "Network apparatus and method for preview
of music products and compilation of market data". Location: Courtroom 203,
717 Madison Place, NW.
|Wednesday, October 8
The House will meet at 10:00 AM for
legislative business. The House will
consider several items under suspension of the rules, including
the "Government Network Security Act of 2003". This bill, which is
sponsored by Rep. Henry Waxman
(D-CA), Rep. Tom Davis (R-VA),
and others, would require federal government agencies to develop and implement
plans to protect the security and privacy of government computer systems from
the risks posed by peer-to-peer file sharing. See, story titled "House
Committee Passes Bill to Restrict P2P File Sharing on Computers and Networks
of Federal Agencies" in TLJ Daily E-Mail Alert No. 749, September 30, 2003,
See, Republican Whip
10:00 AM. The U.S. Court of
will hear oral argument in Soitec v. Silicon Genesis, No. 03-1080. This
is an appeal from the U.S. District
Court (DMass) in a patent infringement case.
Soitec SA alleged that
Silicon Genesis's silicon-on-insulator (SOI)
wafer fabrication technology infringes various patents. This is D.C. No. 99 CV
10826. Location: Courtroom 203, 717 Madison Place, NW.
1:00 - 5:15 PM. The Global Justice Information-Sharing Initiative Federal
Advisory Committee will meet to discuss the
Information-Sharing Initiative. The meeting will continue on October 9.
notice in the Federal Register, August 21, 2003, Vol. 68, No. 162, at
Pages 50556 - 50557. Location: Sheraton Crystal City Hotel, 1800 Jefferson
Davis Highway, Arlington, VA.
|Thursday, October 9
The House will meet, but no votes are expected.
Conference reports may be brought up. See,
8:00 AM - 5:00 PM. The Business
Software Alliance will host an event titled
"Global Tech Summit". The
includes panels titled "The Next Wave of Innovation", "Transforming Today's
Challenges into Tomorrow’s Realities", and "The Great Digital Transformation".
Secretary of Homeland Security Tom Ridge will give the luncheon address.
Location: Atlantic Studios, 650 Massachusetts Ave, NW.
8:30 - 10:00 AM. The Progress
and Freedom Foundation (PFF) will host an event titled "Future of the
Internet". The speakers will include Meg Whitman (CEO of eBay) and
(Undersecretary of Commerce for Technology). See,
notice. To attend,
contact Rebecca Fuller at 202 289-8928 or
firstname.lastname@example.org Location: East Room, Washington Mayflower Hotel, 1127
Connecticut Ave., NW.
8:30 AM - 12:00 NOON. The Global Justice Information-Sharing Initiative
Federal Advisory Committee will meet to discuss the
Information-Sharing Initiative. See,
notice in the Federal Register, August 21, 2003, Vol. 68, No. 162, at
Pages 50556 - 50557. Location: Sheraton Crystal City Hotel, 1800 Jefferson
Davis Highway, Arlington, VA.
12:00 NOON - 2:00 PM. The Intellectual Property Section of the D.C. Bar
Association will host a luncheon program titled "Intellectual Property Licensing
in the High Technology Area". The speakers will be Jon Grossman (Dickstein
Shapiro) and Bradley Wright (Banner & Witcoff). The prices to attend vary.
Location: D.C. Bar Conference Center, 1250 H Street, NW, B-1 level.
6:00 - 9:00 PM. The Federal Communications
Bar Association (FCBA) will host its 2nd Annual Oktoberfest Reception
honoring the Federal Communications
Commission's (FCC) bureau chiefs. Location: J.W. Marriott Hotel, 1331
Pennsylvania Avenue, NW.
Deadline to submit reply comments to the
Federal Communications Commission (FCC) in response to its notice of
proposed rulemaking (NPRM) regarding telecommunication relay services (TRS)
and speech-to-speech services for individuals with hearing and speech
disabilities. This is CG Docket No. 03-123. See,
in the Federal Register, August 25, 2003, Vol. 68, No. 164, at Pages 50993 -
|DOJ Files Amicus Brief Re Section 8 of Clayton Act
10/1. The Department of Justice's (DOJ) Antitrust
Division filed an amicus
curiae brief with the U.S. District Court (SDNY) in
Reading International v. Oaktree Capital Management, in which it argued
that a business may violate Section 8 of the Clayton Act, codified at
15 U.S.C. § 19, when
its deputizes representatives to serve simultaneously as directors or officers of
Section 8 of the Clayton Act provides in part that "No person shall, at the
same time, serve as a director or officer in any two corporations (other than
banks, banking associations, and trust companies) that are -- (A) engaged in
whole or in part in commerce; and (B) by virtue of their business and location
of operation, competitors, so that the elimination of competition by agreement
between them would constitute a violation of any of the antitrust laws; if each
of the corporations has capital, surplus, and undivided profits aggregating more
than $10,000,000 ..."
The DOJ argues that "Oaktree's contrary position - that a corporation,
acting through its agents, may achieve precisely the coordinated management of
competing firms that the statute is designed to outlaw - is inconsistent with
the statutory language, the statutory purpose, legal precedent, and the
longstanding interpretation of the United States." This is D.C. No. 03-CV-1895
Department of Justice (DOJ) and the
Environmental Protection Agency (EPA) brought and settled a civil action in
U.S. District Court (EDArk) against
Corporation. The DOJ and EPA alleged that ALLTEL violated the Clean Air Act
(CAA), the Clean Water Act (CWA), and the Emergency Planning and Community
Right-to-Know Act (EPCRA). The DOJ and EPA also announced that ALLTEL "has
signed an agreement to carry out cross-cutting environmental compliance audits
at its facilities nationwide". In addition, ALLTEL will pay a fine of
$1,058,000. See, DOJ
10/3. The Federal Communications Commission's (FCC)
Localism Task Force announced that it will hold six public hearing at six
locations around the U.S. "to solicit input from consumers, industry, civic
organizations and others regarding broadcast localism."
10/3. Dane Snowden,
Chief of the Federal Communications Commission's
(FCC) Consumer & Governmental Affairs Bureau,
announced that from Wednesday, October 1, 2003 through 4:00 PM on Friday,
October 3, 2003, the FCC received 4,100 inquiries and 1,315 complaints regarding
the national telemarketing do not call registry. He stated that "Most of
the complaints were submitted by consumers who previously signed up for the
do-not-call registry but have received one or more calls since Oct. 1 from
telemarketers." See, FCC
10/2. The Department of Commerce's (DOC) National
Telecommunications and Information Administration (NTIA) announced the award of
Opportunities Program (TOP) grants for FY 2003 totalling $13.95 Million
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