|DOJ Recommends Approval of Qwest's Arizona
Long Distance Request
10/9. The Department of Justice's (DOJ)
Antitrust Division submitted its
evaluation to the Federal Communications
Commission (FCC) recommending that the FCC approve
application to provide in region interLATA services in the state of Arizona.
The evaluation states that competitive local exchange carrier (CLEC) entry in
the business market is 36.9 percent, and CLEC entry in the residential market is
Hewitt Pate, Assistant
Attorney General in charge of the Antitrust Division, stated in a
"Conditions in Arizona local telecommunications markets appear favorable to
fostering competition ... Facilities-based competitors have made progress in
penetrating both the business and residential markets, and the Department
believes there are no longer any material obstacles to competition in Arizona
created by Qwest."
The application still requires approval by the FCC. See also, Qwest
|Joint Conference on Accounting Issues
Submits Recommendations to FCC
10/9. The Federal-State Joint Conference
on Accounting Issues submitted to the
Federal Communications Commission (FCC) a list
of recommended changes to the FCC's accounting rules, and a request that the FCC
issue a notice of proposed rulemaking (NPRM) for the purpose of adopting these
recommended changes. See,
release, with attached recommendations.
FCC Commissioner Kevin
Martin wrote a
[2 pages in PDF] in which he expressed concern about some of the recommendations
of the Joint Conference.
Michael Copps wrote a
statement [PDF] in which he said that the FCC "now must move swiftly to
convert this Recommendation into a Notice of Proposed Rulemaking". He also wrote
that the Joint Conference should now assess additional issues, which he recites.
The Joint Conference was formed in September of 2002 to provide a forum
for a dialogue between the FCC and the states to ensure that regulatory
accounting data and related information filed by carriers are adequate,
truthful, and thorough. This proceeding is WC Docket 02-269.
|FRB Governor Discusses High Tech Equity
10/8. Federal Reserve Board
(FRB) Governor Susan Bies gave a
speech titled "Comments on the Current State of the Economy". She spoke at
Middle Tennessee State University in Murfreesboro, Tennessee. She offered her
assessment of the rise and decline of tech sector equity markets.
Bies (at right) stated that "In the late 1990s,
financial conditions were easy. Very narrow risk premiums in both debt and equity
markets and lofty expectations about returns on the part of investors and borrowers
greatly reduced the cost of external funds. A frenzy of capital-raising
followed, led by telecommunication and Internet firms. Corporate debt and equity
issuance soared -- adding almost $2 trillion in new debt and equity to the balance
sheets of nonfinancial corporations from 1998 through 2000 alone, with a good
portion of the money raised by risky firms in the junk bond, venture capital,
and initial public offering (IPO) markets. Firms used the proceeds not only to
fund investment, but also to finance acquisitions of other companies, stock
repurchases, and operating expenses."
She continued that "The spectacular collapse of high-tech equity valuations in the
spring of 2000, led by the same telecommunication and Internet firms, wreaked havoc with
corporate credit quality in some sectors and began a prolonged retrenchment in
financial markets. Subsequently, financial markets were buffeted with a barrage
of terrorism, war, and corporate governance shocks that further eroded investor
confidence and stoked uncertainty and pessimism."
"The consequent retreat from
risk-taking led to a substantial markdown in asset values, with obvious negative
consequences for portfolios. Between early 2000 and the end of 2002, more than
$6 trillion of stock-market wealth evaporated, and more than $200 billion of
corporate bonds went into default. Many of the telecommunication firms that did
IPOs or issued junk bonds during the easy market conditions of the late 1990s
went bankrupt. For other firms, debt burdens that had appeared manageable
suddenly looked excessive. Investors and lenders rightly responded to these
events by becoming more wary, and financial conditions accordingly became more
restrictive", said Bies.
|California Court Rejects Privacy Challenge
to Electronic Fingerprinting of Welfare Recipients
Court of Appeal (3) issued its
pages in MS Word]
in Sheyko v. Saenz, a challenge to the state of California's regulations
regarding electronic fingerprinting of welfare recipients.
The California legislature created a program named Statewide Fingerprint
Imaging System (SFIS) in order to reduce welfare fraud. The legislature required
the California Department of Social Services (DSS) to promulgate regulations
implementing the program.
Lyudmila Sheyko and others filed a complaint in California Superior Court
(Sacramento County) challenging certain of the SFIS regulations. The trial court
granted judgment to Sheyko as to certain regulations. Both Sheyko and Rita Saenz
(as Director of the DSS) appealed.
The Court of Appeal upheld the DSS regulations in their entirety.
Sheyko challenged regulations on the basis that they were ineffective. The
Court held that "It is for the Legislature to
determine whether a particular welfare antifraud measure is or is not effective,
therefore Sheyko's assertions that SFIS is ineffective should be addressed to
the Legislature, not the judiciary."
Sheyko challenged regulations as an invasion of privacy. The Court held that
"Sheyko’s underlying assertions
that her privacy or religious freedoms are improperly impaired by SFIS lack
It wrote that "Sheyko views fingerimaging as an
invasion of privacy and personal dignity, and invokes the specter of 1984.
But the Legislature could rationally find welfare recipients are no more
stigmatized by fingerimaging than are driver’s license applicants, lawyers,
accountants and many others."
The California Supreme Court
has previously rejected a privacy challenge to fingerprinting for driver's
licenses, because of the need to deter fraud. See, Perkey v. Department of
Motor Vehicles, 42 Cal.3d 185 (1986).
This case is Lyudmila Sheyko. et al. v. Rita Saenz, C.A. No. C039132,
an appeal from the Superior Court for Sacramento County, S.C. No. 00CS01130, Judge
Ronald Robbie presiding.
|Sen. Leahy Introduces Bill to Expand List of
Surveillance Provisions of PATRIOT Act to Be Sunsetted
10/1. Sen. Patrick Leahy (D-VT) and
the "PATRIOT Oversight Restoration Act". It pertains to the sunsetting of
various provisions of the USA PATRIOT Act. This Act was passed by the 107th Congress as
shortly after the terrorist attacks of September 11, 2001. It became Public Law 107-56
on October 26, 2001. The original PATRIOT Act provides that some of its provisions sunset,
or cease to have effect, on December 31, 2005. Sen. Leahy's bill provides for the sunsetting of more provisions.
Title II of the PATRIOT, which addresses electronic surveillance,
provides, at Section 224, for the sunsetting of many of the provisions of Title
II. It provides, in part, that "this title and the amendments made by this title
(other than sections 203(a), 203(c), 205, 208, 210, 211, 213, 216, 219, 221, and
222, and the amendments made by those sections) shall cease to have effect on
December 31, 2005." (Parentheses in original.)
The table at the end of this article lists all of the sections of Title II,
offers a brief description, and identifies whether that section would be
sunsetted under the PATRIOT Act, under Sen. Leahy's bill, and under Sen. Larry Craig's
bill. See, story titled "Senators Craig and Dubin Introduce Bill to Modify
PATRIOT Act" in TLJ Daily E-Mail Alert No. 753, October 6, 2003.
Sen. Leahy's bill provides for the sunsetting of, "In title II, all sections
other than sections 201, 202, 204, 205, 208, and 221, and the first sentence of
Sen. Leahy's bill also provides for the sunsetting of sections in other titles,
such as Title III (regarding money laundering) and Title IV (regarding border protection).
However, those provisions are not addressed in this article, or in the table below.
Sen. Leahy (at right) offered this summary
of the surveillance related provisions of his bill: "The PATRIOT Oversight
Restoration Act would extend PATRIOT's sunset provision
to other enhanced surveillance provisions in title II of the act. These include
subsections (a) and (c) of section 203, which authorize the disclosure of grand
jury information to foreign enforcement, intelligence and immigration officials;
sections 210 and 211, which broaden the types of information that law
enforcement may obtain, upon request, from electronic communication service
providers and cable service operators; section 213, which authorizes so-called
``sneak and peak'' -- delayed notification -- search warrants; sections 216 and 222,
which significantly expand when, where, and how law enforcement can obtain a pen
register or trap and trace order; and section 219, which authorizes judges to
sign search warrants for properties located outside their districts." See,
Congressional Record, October 1, 2003, at S12283.
The status of many sections of Title II of the PATRIOT Act would not be altered
by either the Leahy bill or the Craig bill. The status of some of the less
critical sections would be changed. And, the status of some sections containing
major changes to law would be changed by either or both of the Leahy and Craig
The original co-sponsors of the Leahy bill are Sen.
Larry Craig (R-ID), Sen. Richard Durbin (D-IL),
Reid (D-NV), and Sen. John Sununu (R-NH).
Pen Register and Trap and Trace Devices. Both the Leahy and
Craig bills would sunset Section 216, regarding internet communications,
including the expansion of the concept of pen register and trap and trace
devices (PR&TTD) to online communications.
PR&TTD are telephone industry concepts. Pen registers are used to obtain
outgoing phone numbers. Trap and trace devices are used to obtain incoming
numbers. Before passage of the PATRIOT Act, the relevant statute referenced
The PATRIOT Act provides that the concept of a pen register is expanded from
merely capturing phone numbers, to capturing routing and addressing information
in any electronic communications, including internet communications. It
similarly expands the concept of trap and trace devices. The Act also provides
that a single order shall apply nationwide.
PR&TTD orders do not authorize a LEA to obtain the content of communications.
Court orders authorizing PR&TTD devices do not require a showing of probable
cause, as is the case for wiretaps, which enable LEAs to obtain the content of
Boucher Goodlatte Amendment.
The Leahy bill would sunset a part of Section 222. Neither the PATRIOT Act, nor
the Craig bill, would sunset any part of this section. While almost all of Title
II pertains to the expansion of surveillance authority, Section 222 imposes
limits of government authority.
Section 222 of the PATRIOT Act, which is titled "Assistance to Law
Enforcement Agencies", provides, in full, that "Nothing in this Act shall impose
any additional technical obligation or requirement on a provider of a wire or
electronic communication service or other person to furnish facilities or
technical assistance. A provider of a wire or electronic communication service,
landlord, custodian, or other person who furnishes facilities or technical
assistance pursuant to section 216 shall be reasonably compensated for such
reasonable expenditures incurred in providing such facilities or assistance."
The Leahy bill would sunset the second of the two sentences. That is, the Leahy
bill, would not sunset the ban on technology mandates; however, it would sunset
the requirement that LEAs compensate ISPs for expenses incurred in providing PR&TTD
This section derives from an amendment offered by
Rep. Bob Goodlatte (R-VA) and
Rep. Rick Boucher (D-VA) at the
House Judiciary Committee's markup of the PATRIOT Act on October 3, 2001. See,
story titled "No Technology Mandates" in
TLJ Daily E-Mail
Alert No. 279, October 4, 2003.
They explained their reasons for offering
this amendment. They were concerned about the history of the
Communications Assistance for Law Enforcement Act (CALEA). Congress passed
this Act in 1994 to enable LEAs to maintain their existing wiretap capabilities
in new telecommunications devices. The Congress had cell phones in mind. It
provides that wireline, cellular, and broadband PCS carriers must make their
equipment capable of certain surveillance functions. However, the FBI has since
sought an implementation of CALEA that expands surveillance capabilities beyond
those provided in the statute. Moreover, the
which has written implementing rules, has largely backed the FBI. This has
imposed considerable burdens and costs upon service providers, and their
Sneak and Peak. Both the Leahy and Craig bills would provide for the sunsetting of
Section 213, which provides authority for delaying notice of the execution of a warrant.
The PATRIOT Act does not sunset this provision, which is also sometimes referred
to as "sneak and peak".
S 1701, the
"Reasonable Notice and Search Act", introduced by
Sen. Russ Feingold (D-WI)
on October 2, would also sunset Section 213.
Section 219. Both the Leahy and Craig bills would provide for the sunsetting
of Section 219, which provides for single-jurisdiction search warrants for terrorism.
Section 215 and Library Records. The American
Library Association (ALA)
and others have complained about FBI use of Section 215 to obtain library
records. However, Attorney General John Ashcroft recently announced that the FBI has not
yet used Section 215 to obtain any records.
The PATRIOT Act provides
for the automatic sunsetting of this provision. Both the Leahy and Craig bills also
provide for the sunsetting of Section 215.
|Summary of the Sunset Provisions of
PATRIOT Act, Leahy Bill, and Craig Bill
(Pertaining to Title II -- Enhanced
||Authority to intercept wire, oral, and electronic communications
relating to terrorism
||Authority to intercept wire, oral, and electronic communications relating to
computer fraud and abuse offenses
||Authority to share criminal investigation information
||Authority to share grand jury information
||Authority to share electronic, wire and oral interception information
||Foreign intelligence information
||Clarification of intelligence exceptions from limitations on interception and
disclosure of wire, oral, and electronic communication
||Employment of translators by the FBI
||Roving surveillance authority under the FISA
||Duration of FISA surveillance of non-United States persons who are agents of a
||Designation of judges (under the FISA)
||Seizure of voice-mail messages pursuant to warrants
||Scope of subpoenas for records of electronic communications
||CLARIFICATION OF SCOPE (of 47 U.S.C. 631)
||Emergency disclosure of electronic communications to protect life and limb
||Authority for delaying notice of the execution of a warrant
||Pen register and trap and trace authority under FISA
||Access to records and other items under the FISA
||Modification of authorities relating to use of pen register and trap and trace
||Interception of computer trespasser communications
||Foreign intelligence information
||Single-jurisdiction search warrants for terrorism
||Nationwide service of search warrants for electronic evidence
||Assistance to law enforcement agencies
||Civil liability for certain unauthorized disclosures
||Immunity for compliance with FISA wiretap
Y - means this section would be sunsetted.
N - means this section would not be sunsetted.
P - USA PATRIOT Act.
L - Leahy bill, S 1695.
C - Craig bill, S 1709.
* - The Leahy bill would sunset only the second of the two sentences of
|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 allows 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 Judiciary Committee to Hold Hearings
on Combatting Terrorism and Protecting Liberties
10/2. Sen. Orrin Hatch (R-UT), the Chairman of the
Senate Judiciary Committee (SJC), and
Sen. Patrick Leahy (D-VT), the ranking Democrat on the Committee, announced that the SJC
will "hold a new series of oversight hearings on the adequacy of federal laws to
help prevent and respond to acts of terrorism in the United States." They added
that the "first hearing is tentatively scheduled for October 21."
These hearings will provide an opportunity to examine the proposals contained
bills recently introduced by Senators Leahy (S 1695), Craig
(S 1709), Feingold
Hatch (at right)
and Leahy elaborated that this "inquiry will include a review of how effective the
current laws are at protecting America; whether additional tools, reporting
obligations and oversight may be needed; and the implications to security,
privacy and civil liberties of current laws including the USA PATRIOT Act.
Additionally, Senators Hatch and Leahy will request information from the Justice
Department on how law enforcement and intelligence agencies are using existing
laws to combat terrorism."
Sen. Hatch summarized the purpose of the hearings in a
release -- to "get the facts necessary to find out if we are we protecting
both our citizens' lives and their liberties."
Sen. Leahy stated that "We need to know more about how the tools we gave the
government in the USA PATRIOT Act are being used. Which are working, and how
well? Which are not working, and why? Have any struck the wrong balance,
threatening the civil liberties of our citizens while doing little or nothing to
improve the nation's security? Oversight is an important responsibility of the
Congress and our committee, and thorough and constructive oversight makes
government work better."
|The TLJ Daily E-Mail Alert was not published on Friday, October 10,
or on Monday, October 13.
|FCC Announces Agenda for October 16 Meeting
10/9. The Federal Communications Commission
(FCC) announced the
agenda [PDf] for its Thursday, October 16 meeting.
First, the FCC will consider a Report and Order regarding the allocation, band plan and service
rules in the 71-76 GHz, 81-86 GHz and 92-95 GHz bands. This is WT Docket No. 02-146 and RM-10288.
Second, the FCC will consider an Order on Remand, Further Notice of Proposed
Rulemaking, and Memorandum Opinion and Order regarding the universal service
support mechanism for non-rural carriers. This item follows the July 31, 2001
opinion of the U.S. Court of Appeals
(10thCir) in Qwest v. FCC, 258 F.3d 1191, which reversed and remanded the
FCC's Ninth Order "because it does not provide sufficient reasoning or record
evidence to support its reasonableness." See also, the FCC
web page titled "Tenth Circuit Remand". This is CC Docket No. 96-45.
Third, the FCC will consider an Order to resolve issues raised in the Auction
No. 52 Comment Public Notice related to the FCC's authority to auction Direct
Broadcast Satellite (DBS) licenses and eligibility for the DBS licenses
currently available. See also, the FCC
web page titled
"Auction 52: Direct Broadcast Satellite Service". This is AUC-03-52.
Fourth, the FCC will consider an Order regarding applications submitted by
commercial television stations seeking extensions of the May 1, 2002, deadline
for construction of digital television facilities.
Fifth, the FCC will consider a Report and Order regarding licensing,
technical and competitive bidding rules for spectrum in the 1710-1755 MHz and
2110-2155 MHz bands, which is allocated for advanced wireless services (AWS).
AWS, which is also known as Third Generation (3G) wireless services, is a
digital, packet switched, internet protocol system. It is planned that it will
carry voice, music and data. It is also planned that it will increase the
efficiency of use of spectrum. It is intended to bring broadband internet access
to portable devices. See also, the FCC's November 22, 2002
notice of proposed rulemaking (NPRM) [44 pages in PDF], and the FCC's
3G web page. This is WT Docket No. 02-353.
The NPRM is FCC 02-305.
The meeting will be held in the FCC's Commission Meeting Room, 445 12th Street,
SW, Room TW-C05. The meeting will also be
|Tuesday, October 14
Recent Additions Are Highlighted In Red
The House will meet at 12:00 NOON in pro forma session
only. See, Republican Whip
The Senate will meet at 9:30 AM. The agenda includes
morning business, resumption of consideration of
the FY 2004 Emergency Supplemental Appropriations bill for Iraq and Afghanistan, and
resumption of consideration of
the "Genetic Information Nondiscrimination Act of 2003".
The Supreme Court will hear
oral argument in Verizon v. Law Offices of Curtis Trinko, No. 02-682.
This is a case involving the application of Section 2 of the Sherman Antitrust
Act, 15 U.S.C. § 2,
in the context of telecommunications. See,
titled "Supreme Court Grants Certiorari in Verizon v. Trinko", March 10, 2003.
9:00 AM. The Department
of Homeland Security (DHS)
Science and Technology Directorate will host a seminar about the application process for the
Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act).
For more information, contact 202 282-8010.
Location: J.W. Marriott, 1331 Pennsylvania Avenue, NW.
9:30 AM. The U.S. Court of Appeals (DCCir)
will hear oral argument in Mobilfone Service, Inc. v. FCC, No. 02-1197.
Judges Henderson, Tatel and Roberts will preside. Location: 333 Constitution
10:00 AM. The Senate
Banking Committee will consider several nominations
including Harvey Rosen and Kristin Forbes
to be members of the Council of Economic Advisers, Julie Myers and
Peter Lichtenbaum to be Assistant Secretaries of Commerce for Export
Enforcement. The Committee will then hold a hearing on the renominations of
to be Vice Chairman of the Board of Governors of the Federal Reserve System,
and Ben Bernanke
to be a member of the Board of Governors. See,
notice. Location: Room 538, Dirksen
12:15 PM - 2:00 PM. The Forum on Technology & Innovation will host a
briefing titled "International Challenges to Controlling Spam".
The speakers will be Howard Beales (Director of the
Federal Trade Commission's Bureau of
Consumer Protection), Andrew Pinder (U.K. Prime Minister Tony Blair's
e-Envoy), and Charles Curran (Assistant General Counsel at America Online).
For more information, contact Bill Bates at 202 969-3395. Location: Room 106,
2:00 - 4:00 PM. The Department
of Homeland Security's (DHS) National Infrastructure Advisory Council (NIAC) will
meet telephonically. The agenda provides that the NIAC will receive the findings
and propose recommendations developed by its working groups on Cross Sector
Interdependencies and Risk Assessment Guidance and Regulatory Guidance, and
receive status briefings on the continuing activities of its working groups on
Vulnerability Disclosure Guidelines and the Evaluation and Enhancement of
Information Sharing and Analysis. The NIAC is also accepting written comments.
To listen only, call 1-877-888-4034. See,
notice in the Federal Register, October 7, 2003, Vol. 68, No. 194, at Page
Clarisa Long (University of Virginia School of Law) will present a draft
paper titled "The Patent/Copyright Interface". See,
more information, contact
at 202 994-6138 or firstname.lastname@example.org. Location:
Washington University Law School, Faculty Conference Center, Burns Building,
5th Floor, 716 20th Street, NW.
Deadline to submit comments to the
LOCAL Television Loan Guarantee Board's regarding the information and
recordkeeping requirements of the proposed regulation to implement the LOCAL
Television Loan Guarantee Program, as authorized by the Launching Our
Communities' Access to Local (LOCAL) Television Act of 2000. The purpose of
the Act is to facilitate access to signals of local TV stations in nonserved
areas and underserved areas. The Act establishes a LOCAL Television Loan
Guarantee Board to approve guarantees of up to 80% of loans totaling no more
than $1.25 Billion. The regulation proposes to establish eligibility and
guarantee requirements, the application and approval process, the
administration of guarantees, and the process through which the Board will
consider applications under the priority considerations required in the Act.
notice in the Federal Register, August 15, 2003, Vol. 68, No. 158, at Pages
48814 - 48833. See also, Treasury
|Wednesday, October 15
The House will meet at 2:00 PM for legislative
business. It will consider several non-tech related items under suspension of
the rules. Votes will be postponed until 6:30 PM. See,
9:30 AM. The
Committee will hold a hearing on several pending judicial nominations,
including Michael Fisher (to be a Judge of the U.S. Court of Appeals
for the 3rd Circuit), Dale Fischer (to be Judge of the U.S. District
Court for the Central District of California), and Gary Sharpe
(Northern District of New York). See,
Location: Room 226, Dirksen Building. Press contact: Margarita Tapia (Hatch)
at 202 224-5225 or David Carle (Leahy) at 202 224-4242.
12:15 PM. The Federal
Communications Bar Association's (FCBA) Transactional Practice Committee
will host a brown bag lunch titled "Anatomy of a Commercial Agreement and
Contract Provisions Regarding Performance Requirements". For more information,
contact Laurie Sherman at
email@example.com or 703 216-3150. RSVP to Ava Smith at
firstname.lastname@example.org or 202-371-7201.
Location: Skadden Arps, 1440 New York Avenue, 11th floor.
1:00 to 5:00 PM. The
Corporation for Assigned Names and Numbers (ICANN)
Security and Stability Advisory Committee (SECSAC) will hold its second
meeting regarding VeriSign's temporary changed to the way the COM and NET
registries responded when presented with uninstantiated names. Location:
Academy for Educational Development, Vista
Room, 8th floor, 1825 Connecticut Ave, NW.
Deadline to submit comments to the National
Institute of Standards and Technology's (NIST)
Computer Security Division (CSD) regarding
draft [137 pages in PDF] of NIST Special Publication 800-61, titled
"Computer Security Incident Handling Guide". See also, story titled "NIST
Publishes Draft of Computer Security Incident Handling Guide" in TLJ Daily
E-Mail Alert No. 741, September 17, 2003.
|Thursday, October 16
The House will meet at 10:00 AM for legislative
business. See, Republican
9:30 AM. The Federal Communications
Commission (FCC) will hold a meeting. The event will be
webcast. Location: FCC, 445
12th Street, SW, Room TW-C05 (Commission Meeting Room).
9:30 AM. The Senate
Judiciary Committee will hold an executive business meeting. See,
Location: Room 226, Dirksen Building.
10:00 AM. The
House Ways and Means Committee will hold a hearing titled "United
States - China Economic Relations and China's Role in the Global Economy".
notice. Location: Room 1100, Longworth Building.
12:30 PM. The Congressional Caucus on Intellectual
Property Promotion and Piracy Prevention and former Commissioners of the
U.S. Patent and Trademark Office (USPTO) will
hold a press conference to urge the House leadership to schedule a vote on
the "United States Patent and Trademark Fee Modernization Act of 2003",
a bill that would, among other things, end the diversion of USPTO fees. Press
contact: Lale Mamaux (Office of Rep. Wexlar) at 202 225- 3001 or
Location: Room 505, Cannon Building.
|Friday, October 17
The House will meet at 9:00 AM for legislative
business. See, Republican
9:30 AM. The U.S. Court of
will hear oral argument in Sioux Valley Rural Television v. FCC, No.
02-1208. Judges Henderson, Tatel and Roberts will preside. Location: Courtroom
20, 333 Constitution Ave. NW.
10:00 AM. The
House Ways and Means Committee will continue its hearing titled "United
States -- China Economic Relations and China's Role in the Global Economy".
notice. Location: Room 1100, Longworth Building.
2:30 - 4:30 PM. Federal Communications
Commission (FCC) International Bureau (IB) will
hold a public forum to examine the methods and practices the FCC used
in preparation for 2003 World Radioconference (WRC-03), and to assess whether
the process can be improved. The FCC seeks public views on how the FCC could
further facilitate public participation, increase transparency, intensify its
international outreach and generally promote public interest goals in the WRC
preparatory process. See,
notice [PDF]. Location: FCC, Commission Meeting Room (Room TW-C305), 445
12th Street, SW.
3:00 PM. The U.S.
District Court (DC) will hold a meeting and conference hearing in Conversent
Communications v. AT&T, D.C. No. 1:2001-cv-1198. Location: Courtroom 14, 333
Constitution Ave. NW.
Deadline to submit requests to the Trade Policy Staff Committee (TPSC) to
testify at its November 5, 2003 hearing on negotiations with Bahrain on a free
trade agreement (FTA). The TPSC seeks comments and testimony to assist the
Office of the U.S. Trade Representative (USTR)
on many topics, including "Relevant trade-related intellectual property rights
issues that should be addressed in the negotiations" and "Existing barriers to
trade in services between the United States and Bahrain that should be
addressed in the negotiations". See,
notice in the Federal Register, August 25, 2003, Vol. 68, No. 164, at
Pages 51062 - 51064.
Deadline for the Federal
Trade Commission (FTC) to submit its brief to the U.S.
Court of Appeals (10thCir) in FTC v. Mainstream Marketing Service,
No. 03-1429. This is the telemarketers' constitutional challenge to the FTC's
do not call registry. See, October 8, 2003
order [24 pages in
PDF] staying the District Court's opinion, and setting an expedited schedule.
|Sunday, October 19
Day one of a three day conference titled "Networked Economy
event web site
Location: Hyatt Regency Reston, Reston, VA.
|Monday, October 20
9:30 AM. The U.S. Court
of Appeals (DCCir)
will hear oral argument in Global Naps v. FCC, No. 02-1202. Judges
Edwards, Garland and Williams will preside. Location: 333 Constitution Ave.
10:00 AM - 3:00 PM. The Federal
Communications Commission's (FCC)
Technological Advisory Council will meet. See,
notice in the Federal
Register, October 2, 2003, Vol. 68, No. 191, at Pages 56840 - 56841. This
meeting will focus on voice over internet protocol (VOIP). There will
be no public presentations, but the FCC is accepting written comments. See,
FCC, 445 12th St. SW, Room TW-C305.
12:15 PM. The Federal
Communications Bar Association's (FCBA) Common Carrier Practice Committee
will host a brown bag lunch titled "Meet the 8th Floor Common Carrier/Wireline
Competition Legal Advisors". The scheduled speakers are Christopher
Libertelli, Matthew Brill, Jessica Rosenworcel, Daniel Gonzalez, and Lisa
Zaina. RSVP to Cecelia Burnett at 202-637-8312 or
email@example.com. Location: Hogan
& Hartson, 555 13th St., NW, Lower Level.
6:00 - 8:15 PM. Intellectual Property Section of the D.C. Bar Association
will host a CLE course titled "Transactions Involving Intellectual
Property, Part I: Intellectual Property in Mergers and Acquisitions Including
Tax Considerations". Prices vary. For more information, call 202 626-3488.
Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 level.
Day one of a two day conference hosted by the Department of Commerce's
(DOC) Bureau of Industry and Security (BIS)
titled "16th Annual Update Conference on Export Controls and Policy".
Kenneth Juster, Under
Secretary for BIS, will speak at 8:30 AM. See,
agenda. The price to attend ranges from $625 to $700. Location:
Renaissance Hotel, 999 9th Street, NW.
Day two of a three day conference titled "Networked Economy Summit". See,
event web site
Location: Hyatt Regency Reston, Reston, VA.
Deadline to submit comments to the
National Institute of Standards and Technology's
(NIST) Computer Security Division (CSD) regarding
Special Publication 800-38C, Recommendation for Block Cipher Modes of
Operation: the CCM Mode for Authentication and Confidentiality [PDF]. The
NIST stated that "the CCM mode of the Advanced Encryption Standard (AES)
algorithm is specified for the protection of sensitive, unclassified data. The
CCM algorithm combines the counter (CTR) mode for confidentiality with the
cipher block chaining-message authentication code (CBC-MAC) technique for
authentication." Send comments to
|Bush Praises Class Action Reform Bill
10/9. President Bush gave a
speech in Manchester, New Hampshire. He addressed, among other topics, class
action reform. He praised HR 1115, the bill sponsored by
Rep. Bob Goodlatte (R-VA) and
Rep. Rick Boucher (D-VA) bill named
the "Class Action Fairness Act".
He stated that "Businesses are more likely to hire people if the health
care for workers is
affordable. We need to allow association health care plans, where small
businesses can pool risk and gain the same bargaining power as big businesses.
And in order to control health care costs, we need effective legal reform,
medical liability reform at the federal level."
He continued that "Defensive medicine against frivolous lawsuits runs up the
federal budgets, it increases the cost of Medicare and Medicaid and veteran
health benefits. Medical liability reform is a national problem that requires a
He concluded that "Unfair lawsuits are also harming a lot of good and honest
employers. There are too many large settlements that leave plaintiffs with a
small sum and lawyers with a fortune. Class actions and mass tort suits that
reach across state lines should be tried in a federal court so lawyers cannot
shop around looking for a favorable judge. And most of the money in a judgment
or settlement should go to those who have actually been harmed, not the lawyer."
The House, but not the Senate, has passed a bill that addresses some of the
concerns expressed by President Bush. The House passed
HR 1115, the
"Class Action Fairness Acton", on June 12, 2003 by a vote of 253-170. This was a
largely party line vote, although 32 Democrats joined Republicans in voting for
the bill. See,
Roll Call No. 272. See also, stories titled "Reps. Goodlatte and Boucher
Re-Introduce Class Action Fairness Act" in
TLJ Daily E-Mail
Alert No. 619, March 10, 2003 and "House Passes Class Action Fairness Act"
in TLJ Daily E-Mail
Alert No. 680, June 13, 2003.
This bill amends 28
U.S.C. § 1332, regarding diversity of citizenship. It provides federal
jurisdiction in certain class actions with a minimum total of aggregated claims
where any member of a class of plaintiffs is a citizen of a state different from
The bill would also require increased judicial scrutiny of class action
settlements that provide for coupon and other non-cash settlement payments to
plaintiffs. It would also prohibit geographic discrimination in awards to
President Bush stated that "The House has passed a good bill. It is stuck in
the Senate. Senators must understand no one has been healed by a frivolous
lawsuit in America."
10/3. A trial jury of the U.S. District Court (DMd) returned a verdict in
favor of Lowry's Reports, Inc. (LR)
in its copyright infringement action against Legg Mason, which had republished
issues of LR newsletters on its corporate intranet. The jury awarded damages of
just under $20 Million. See, LR
release and Wiley Rein & Fielding (counsel for LR)
Legg Mason also issued a
wrote that "Legg Mason expressed its shock at the extent of the damages awarded
to Lowry's by the jury and its belief that those damages are grossly excessive.
Legg Mason said that over the course of the next few weeks, it will aggressively
pursue all options to protect the interests of its stockholders."
|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
month trial subscriptions are available. Also, free
subscriptions are available for journalists,
federal elected officials, and employees of the Congress, courts, and
executive branch. The TLJ web site is
free access. However, copies of the TLJ Daily E-Mail Alert are not
published in the web site until one month after writing. See, subscription
Contact: 202-364-8882; E-mail.
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