9/24. The U.S. Court of Appeals (9thCir) issued an order [PDF] granting a rehearing en banc in SEC v. Yuen, a case regarding involuntary retention of extraordinary payments to corporate officials, pursuant to Section 1103 of the Sarbanes Oxley Act of 2002, which is codified at 15 U.S.C. § 78u-3. The District Court ordered that certain large payments from Gemstar-TV Guide to executives Henry Yuen and Elsie Leung be placed in escrow. A three judge panel of the Court of Appeals issued its split opinion [42 pages in PDF] on May 12, 2004 reversing the District Court.

The Securities and Exchange Commission (SEC) filed a civil complaint [36 pages in PDF] in U.S. District Court (CDCal) on June 19, 2003, against Yuen and Leung alleging that they fraudulently inflated Gemstar's revenue reports by $223 Million, in violation of federal securities laws. (This case is D.C. No. 03-4376.) The SEC also filed an application under Section 1103 for the escrow of payments that Gemstar-TV Guide had agreed to make to Yuen and Leung totaling nearly $38 Million. See, SEC release. (Yuen and Leung had previously filed a complaint in the District Court seeking declaratory and injunctive relief on the Section 1103 issue.)

15 U.S.C. § 78u-3(c)(3)(A)(i) provides that "Whenever, during the course of a lawful investigation involving possible violations of the Federal securities laws by an issuer of publicly traded securities or any of its directors, officers, partners, controlling persons, agents, or employees, it shall appear to the Commission that it is likely that the issuer will make extraordinary payments (whether compensation or otherwise) to any of the foregoing persons, the Commission may petition a Federal district court for a temporary order requiring the issuer to escrow, subject to court supervision, those payments in an interest-bearing account for 45 days." (Parentheses in original.)

The District Court entered an order directing the escrow of payments for the duration of the litigation. Yuen and Leung then brought the present interlocutory appeal.

The Court of Appeals reversed. Judge Carlos Bea wrote the opinion of the majority, in which Judge Johnnie Rawlinson joined, that "Because there was no evidence as to what would be an ordinary payment under comparable circumstances, we conclude that the district court erroneously determined certain payments proposed to be made by Defendant Gemstar-TV Guide International Inc. (“Gemstar”) to Intervenors-Appellants Yuen and Leung (hereafter Appellants) were “extraordinary payments” within the meaning of section 1103 of Sarbanes-Oxley. We vacate the district court’s order and remand for further proceedings consistent with this opinion."

The majority did not reach the issues of whether Section 1103 is unconstitutionally vague, or operates in an unconstitutionally retroactive manner.

Judge Stephen Trott wrote a lengthy dissent. He argued that the majority opinion "deals an unwarranted blow to the public interest and to the Commission's ability adequately to protect that broad interest against the flood of corporate scandals of which Congress and the public has become all too painfully aware in the past few years."

This case is Securities and Exchange Commission, plaintiff, Henry C. Yuen and Elsie M. Leung, intervenors and appellants v. Gemstar-TV Guide International, defendant, U.S. Court of Appeals for the Ninth Circuit, App. Ct. No. 03-56129, an appeal from the U.S. District Court for the Central District of California, D.C. No. CV-03-03124-MRP.

9/21. Rep. Adam Schiff (D-CA), Rep. Bob Goodlatte (R-VA), Rep. Xavier Becerra (D-CA), and Rep. Mark Foley (R-FL) introduced HR 5117, the "Fortifying America's Intellectual Property Rights (FAIR) Act", a bill to create the position of Assistant USTR for Intellectual Property Rights.

This bill amends Section 141(c) of the Trade Act of 1974, which is codified at 19 U.S.C. § 2171(c), to provide that "There shall be in the Office the position of Assistant United States Trade Representative for Intellectual Property Rights. The Assistant United States Trade Representative for Intellectual Property Rights shall be appointed by the United States Trade Representative."

The bill also defines the responsibilities of this Assistant USTR, and requires that at least six staff members be assigned to this Assistant USTR.

Rep. Schiff (at right) stated in a release that "The protection of our intellectual property rights abroad is vital to promoting America's competitive advantages in world commerce ... As our trade deficit continues to soar, Congress must step in now to ensure that we aggressively protect our intellectual property rights at home and abroad."

The bill recites in its findings that "The Office of the USTR has more than 20 offices dedicated to specific areas of expertise, but does not include an office solely dedicated to the protection abroad of the intellectual property rights of United States persons. ... The USTR's ability to meet its mandate to protect abroad the intellectual property rights of United States persons should be enhanced by establishing a separate office dedicated exclusively to intellectual property matters ..."

The bill was referred to the House Ways and Means Committee.Rep. Schiff is a Co-Chair of the Congressional International Anti-Piracy Caucus, and a member of the House Judiciary Committee, and its Subcommittee on Courts, the Internet and Intellectual Property. He is not a members of the Ways and Means Committee. However, Rep. Becerra and Rep. Foley are members.

9/21. Rep. David Dreier (R-CA), Rep. Silvester Reyes (D-TX), and Rep. Darrell Issa (R-CA) introduced HR 5111, the "Illegal Immigration Enforcement and Social Security Protection Act of 2004".

This is a broad bill that contains provisions related to increased funding for border patrols, the creation of an employment eligibility database, employer access to this database, and integration of the Department of Homeland Security's (DHS) border patrol fingerprinting identification system with the fingerprint database maintained by the Federal Bureau of Investigation (FBI). In addition, to implement the employment eligibility provisions, the bill also provides for converting the Social Security identification system, and Social Security cards, into a universal, electronically based, database connected, national, identification system.

This article does not address all aspects of this bill. Rather, this article only summarizes the provisions related to a national identification system.

This bill requires that "Each Social Security card issued under this subparagraph shall include an encrypted electronic identification strip which shall be unique to the individual to whom the card is issued. The Commissioner shall develop such electronic identification strip in consultation with the Secretary of Homeland Security ..."

The bill does not state either what information shall be included in this "encrypted electronic identification strip", or what information shall not be included. Nor does the bill establish the procedure for determining the content of this identification strip.

The bill also requires that these cards be made of plastic, and include "a recent photograph of the individual to whom the card is issued".

The bill requires that these cards be used for new issuances, and reissuances. However, as a practical matter, the bill would require most adults to obtain reissued cards. The bill provides that "No employer may hire for employment an individual in the United States in any capacity unless such employer verifies under this subsection that such individual has in his or her possession a Social Security card issued to such individual pursuant to" the requirements of this bill "which bears a photograph of such individual and that such individual is authorized to work in the United States in such capacity." Moreover, the bill provides that "No individual may commence employment with an employer in the United States unless" he or she obtains one of these new cards. Thus, the bill would compel all persons who plan to obtain or change jobs to obtain one of these new cards.

The bill also requires the DHS to "establish and maintain an Employment Eligibility Database". It further provides for the use of "a card-reader device" to query this database "to verify the identity of the card holder and the card holder's authorization to work".

The bill also authorizes the appropriation of up to $100 Million per year to the DHS for enforcement of this act. It further authorizes the appropriation of unspecified amounts to the Social Security Administration for implementation of the identification card program.

This bill requires each individual to obtain a card, that serves to identify that individual, and that is national in scope. Moreover, each unique identifier would be associated with further data stored in a database maintained by the DHS. And, any employer would be able to access certain information ("relating to the citizenship, residency, and work eligibility") in that database. This card bears the attributes of a national identification card, which in turn, is tied to a national identification database.

Nevertheless, the bill also recites in its findings that "The Social Security card should not become a national identification card". Also, it states that "Nothing in this Act shall be construed to establish a national identification card, and it is the policy of the United States that the Social Security card shall not be used as a national identification card."

The bill asserts that the only purpose of this new identity card would be "to determine employment eligibility", and hence, deter illegal immigration.

The bill does not require individuals to carry this card. However, nothing in the bill prohibits a person or entity other than an employer from requiring individuals to produce one of these identification cards for purposes that are unrelated to determining employment eligibility.

Also, while the bill limits access to the database by government officials, nothing in the bill prohibits any federal or state government agency from requiring use of the card, or its contents, for identification, or other, purposes.

Rep. Dreier (at right) stated in a release that "This legislation gets to the root of that problem by adding tougher enforcement penalties to current law, which already prohibits American businesses from employing illegal immigrants, and implementing new technology within the Social Security system that will make identity fraud far more difficult to perpetrate."

Rep. Dreier's release also offers an explanation for why his proposal does not constitute a national identification card. "U.S. citizens and legal immigrants will be required to furnish the card only when seeking new employment in the United States. They are not in any way required to carry the card at all times, as would be required by a national identification card."

See also, Rep. Dreier's summary of the bill.

This bill reflects a proposal advanced by T.J. Bonner, President of the National Border Patrol Council (NBPC).

The bill was referred to the House Ways and Means Committee, the House Education and Workforce Committee, and the House Judiciary Committee.

9/23. Annette Nazareth, Director of the Division of Market Regulation at the Securities and Exchange Commission (SEC), gave a speech to the ICI Equity Markets Conference in New York, New York.

She stated that the SEC "is in the thick of a rulemaking process that could ultimately result in some of the most important refinements to the U.S. equity market structure since the Exchange Act was amended in 1975. In Regulation NMS, the Commission has proposed a number of discrete rules designed to address the dramatic changes our markets have undergone in the past several years."

She continued that "These changes have been brought about by major developments in trading technologies and the rapid rise of alternative trading venues. While this innovation has been extremely beneficial for our markets overall, it has also exposed the fundamental tension that exists when electronic trading models interact with the floor-based trading models of traditional exchanges within our national market system."

She added that "While there was not clear consensus on solutions, the areas ripe for review were clear: the ITS trade through rule, intermarket access requirements (including the fees charged by market centers to access their quotes), subpenny quoting, and the allocation of revenues produced by the consolidated data networks."

9/24. The U.S. Patent and Trademark Office (USPTO) announced the relocation of the USPTO public search room. It stated in a release that "The patent public search facilities and the trademark search library will open on Monday, September 27. The new public search facility will occupy the first two floors of the Madison East Building located at 600 Dulany Street. It will consolidate current patent and trademark information sources and staff and focus on electronic delivery of information. The state-of-the-art facility will offer 300 computer workstations providing access to the full complement of USPTO patent and trademark automated search systems, in addition to other electronic, microfilm and print resources."

9/24. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) announced the award of Public Telecommunications Facilities Program (PTFP) grants for FY 2004 totaling $20.2 Million. See, NTIA release.

9/24. The U.S. Court of Appeals (7thCir) issued its opinion [PDF] in Sullivan v. CBS, a trademark case. Frank Sullivan is a little remembered rock musician from the 1980s. He holds the trademark "Survivor" for his rock band. The song, "Eye of the Tiger", which was also used in one of the movies named "Rocky", is perhaps the best known of the Survivor songs. CBS produced a television program in 2000 titled "Survivor". Sullivan filed a complaint in U.S. District Court (NDIll) against CBS alleging trademark infringement, federal and common law trademark dilution, unfair competition, and deceptive trade practices. The District Court ruled in favor of CBS. The Court of Appeals affirmed, on a straightforward analysis that Sullivan could no show a likelihood of confusion. This case is Frank Sullivan v. CBS Corporation, App. Ct. No. 02-2058, an appeal from the U.S. District Court for the Northern District of Illinois, Eastern Division, D.C. No. 00 C 5060, Judge William Hibbler presiding.

9/20. The American Conservative Union (ACU) announced its opposition to S 2560, "Inducing Infringement of Copyrights Act of 2004". See, ACU release.

9/16. The Federal Communications Commission (FCC) filed its Opposition to Petition for Writ of Mandamus [PDF] with the U.S. Court of Appeals (DCCir) in USTA v. FCC. This case is U.S. Telecom Association v. FCC and USA, U.S. Court of Appeals for the District of Columbia, App Ct. No. 00-1012, a petition for review of a final order of the FCC.

9/13. Microsoft and Sendo announced that they settled the litigation between the two companies. They stated that "the monetary component and terms of the settlement are confidential". See, Microsoft release. On December 20, 2002, Sendo filed a complaint [27 pages in PDF] in U.S. District Court (EDTex) against Microsoft alleging numerous state causes of actions, including misappropriation of trade secrets. The suit arose out of Microsoft's and Sendo's prior business dealings pertaining to mobile communications. See, story titled "Sendo Sues Microsoft" in TLJ Daily E-Mail Alert No. 574, December 24, 2002.

The House will not meet. See, Republican Whip Notice.

The Senate will meet at 1:00 PM for morning business. It will then begin consideration of S 2845, the "National Intelligence Reform Act of 2004".

The Supreme Court will hold the opening conference of the October 2004 Term. This is not open to the public.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in EMR Network v. FCC, No. 03-1336. This is a petition for review of a final order of the Federal Communications Commission (FCC) promulgating regulations designed to protect individuals from exposure to potentially harmful levels of radiofrequency (RF) radiation. See, FCC brief [PDF]. Judges Edwards, Garland and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

RESCHEDULED FOR NOVEMBER 10. 10:00 AM - 12:00 NOON. The Federal Communications Commission's (FCC) Advisory Committee for the 2007 World Radiocommunication Conference (WRC-07 Advisory Committee) will meet. See, notice in the Federal Register, July 6, 2004, Vol. 69, No. 128, at Pages 40637 - 40638. Location: FCC, 445 12th Street, SW., Room TW-C305. See, FCC notice of rescheduling.

6:00 - 9:15 PM. The DC Bar Association's Intellectual Property Law Section and Litigation Section will host a continuing legal education (CLE) program titled "Patent Damages: Discovery, Pre-trial and Litigation Strategies". The speakers will be David Sellinger (Venable), Clifton McCann (Venable), and Charles Fish (AOL Time Warner). See, notice. Prices vary. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H Street, NW.

Deadline to submit reply comments to the Federal Communications Commission FCC) in response to its notice of proposed rulemaking (NPRM) [11 pages in PDF] that proposes to require that television and radio broadcasters retain program recordings for a period of time for purposes of enforcing the statutory prohibition, codified at 18 U.S.C. § 1464, against obscene, indecent, or profane programming. This NPRM is FCC 04-145 MM Docket No. 04-232. See, story titled "FCC Proposes That Broadcasters Retain Recordings To Facilitate Enforcement of Smut Ban" in TLJ Daily E-Mail Alert No. 933, July 8, 2004. See, notice in the Federal Register, July 30, 2004, Vol. 69, No. 146, at Pages 45665 - 45668.

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. The House will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Republican Whip Notice.

8:30 AM - 5:00 PM. Day one of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, September 22, 2004, Vol. 69, No. 183, at Pages 56746 - 56747. Location: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

8:30 AM. The Department of Defense's (DOD) Advisory Group on Electron Devices (AGED) will hold a meeting that is closed to the public. The agenda includes discussion of microwave technology, microelectronics, electro-optics, and electronics materials. The AGED provides advice to the Under Secretary of Defense for Acquisition, Technology and Logistics, the Director of Defense Research and Engineering, and the Director of the Defense Advanced Research Projects Agency (DARPA). See, notice in the Federal Register, September 7, 2004, Vol. 69, No. 172, at Pages 54137 - 54138. Location: Palisades Institute for Research Services, 241 18th Street, Crystal Square 4, Suite 500, Arlington, VA.

9:30 AM. The Senate Commerce Committee will hold a hearing on media ownership issues. The witnesses will be Edwin Baker (University of Pennsylvania Law School), Ben Compaine, Geneva Overholser (Missouri School of Journalism), Adam Thierer (Cato Institute). Press contact: David Wonnenberg at 202 224-2670 or david_wonnenberg @commerce.senate.gov. Location: Room 253, Russell Building.

2:00 PM. The House Commerce Committee's Subcommittee on Commerce, Trade and Consumer Protection will hold a hearing titled "Protecting the Privacy of Consumers' Social Security Numbers". Rep. Cliff Stearns (R-FL) will preside. Press contact: Samantha Jordan (Barton) at 202 225-5735 or Paul Flusche (Stearns) at 202 225-5744. Location: Room 2123, Rayburn Building.

2:30 PM. The Senate Commerce Committee's Subcommittee on Science, Technology and Space will hold a hearing on the effectiveness of media ratings systems. The witnesses will be Dan Glickman (P/CEO of the Motion Picture Association of America), Jack Valenti (rormer Ch/CEO of the MPAA), Patricia Vance (Entertainment Software Rating Board), Kim Thompson (Harvard School of Public Health), Patti Miller (Children Now), David Kinney (PSVratings, Inc.), and Anthony Podesta (Podesta Mattoon). Press contact: David Wonnenberg at 202 224-2670 or david_wonnenberg @commerce.senate.gov. Location: Room 253, Russell Building.

The House will meet at 10:00 AM. See, Republican Whip Notice.

8:30 AM - 5:00 PM. Day two of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, September 22, 2004, Vol. 69, No. 183, at Pages 56746 - 56747. Location: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

10:00 AM. The House Judiciary Committee will meet to mark up HR 10, the "9-11 Recommendations Implementation Act". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2157, Rayburn Building.

10:00 AM. The House Financial Services Committee will meet to mark up HR 10, the "9-11 Recommendations Implementation Act". Location: Room 2128, Rayburn Building.

12:00 NOON - 1:30 PM. The Federal Communications Commission (FCC) will hold a meeting on common carriers issues and proceedings. Jeffrey Carlisle (acting Bureau Chief of the FCC's Wireline Communications Bureau), Carol Mattey (Deputy Bureau Chief of the FCC's WCB), and Jane Jackson (Deputy Bureau Chief of the FCC's WCB) will preside. The agenda is "Common carrier ``hot topics´´ and upcoming FCC proceedings". RSVP to Monica Desai at monica.desai@fcc.gov or 202 418-7419 by Monday, September 27. The Federal Communications Bar Association (FCBA) states in its web site that this is a brown bag lunch hosted by its Common Carrier Practice Committee. Location: FCC, 8th floor, Conference Room No. 5.

12:15 PM. The Federal Communications Bar Association's (FCBA) Online Communications Practice Committee will host a brown bag lunch. Stu Ingis of the law firm of Piper Rudnick will address "Internet Privacy Issues". RSVP to Wendy Parish at wendy@fcba.org. Location: Davis Wright Tremaine, 1500 K Street, NW, Suite 450.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice [PDF] requesting interested parties to provide comments on the Multi-band OFDM Alliance Special Interest Group's (MBOASIG) request for a waiver of Part 15 of the FCC's rules regarding ultra-wideband (UWB) systems that employ multi-band orthogonal frequency division multiplexed (MBOFDM) modulation techniques.

The House will meet at 10:00 AM. See, Republican Whip Notice.

8:30 AM - 12:00 NOON. Day one of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, September 22, 2004, Vol. 69, No. 183, at Pages 56746 - 56747. Location: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

TIME? The Senate Judiciary Committee may hold an executive business meeting. The agenda may include consideration of S 2560, "Inducing Infringement of Copyrights Act of 2004". Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee will continue its meeting to mark up HR 10, the "9-11 Recommendations Implementation Act". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2157, Rayburn Building.

CANCELLED. 10:30 AM - 12:30 PM. The House Science Committee will hold a hearing on HR 4670, an untitled bill to provide for the establishment of a "Center for Scientific and Technical Assessment". Location: Room 2318, Rayburn Building.

2:30 PM. The Senate Commerce Committee's Subcommittee on Communications will hold a hearing on the the security of the internet root servers and domain name system. Location: Room 253, Russell Building.

4:00 PM. Rebecca Tushnet will present a paper titled "The First Amendment as Battery Acid: Free Speech versus False Advertising" at an event hosted by the Dean Dinwoodey Center for Intellectual Property Studies at the George Washington University Law School (GWULS). For more information, contact Robert Brauneis at 202 994-6138 or rbraun@law.gwu.edu. The event is free and open to the public. See, notice. Location: GWULS, Faculty Conference Center, Burns Building, 5th Floor, 716 20th St., NW.

Deadline to submit comments to the Internal Revenue Service (IRS) regarding its "advanced notice of rulemaking proceeding" regarding expanding the current three percent excise tax on telephone service to new "communications services" to "reflect changes in technology". See, notice in the Federal Register, July 2, 2004, Vol. 69, No. 127, at Page 40345, and story titled "IRS Publishes Advance NPRM Regarding Expanding the Excise Tax on Telephones to Include New Technologies" in TLJ Daily E-Mail Alert No. 931, July 6, 2004.

Deadline to submit comments National Institute of Standards and Technology (NIST) regarding Draft NIST Special Publication 800-70 [PDF] titled "Security Configuration Checklists Program for IT Products". Send comments to checklists@nist.gov.

Deadline to submit written comments, or requests to participate, to the Federal Trade Commission (FTC) for the FTC's and the National Institute of Standards and Technology's (NIST) event titled "Email Authentication Summit", to be held on November 9-10, 2004. The FTC's interest in this issue is dealing with spam and fraudulent e-mail. The Simple Mail Transfer Protocol (SMTP) for the email system allows information to travel freely with relative anonymity and ease, thereby enabling cheap bulk unsolicited distribution, and fraud. The purpose of this summit is to encourage the development, testing, evaluation and implementation of domain level authentication systems. See, notice in the Federal Register, September 15, 2004, Vol. 69, No. 178, at Pages 55632 - 55636.

The House will meet at 9:00 AM. See, Republican Whip Notice.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Committee will host a luncheon. The price to attend is $15. Registrations and cancellations are due by 5:00 PM on Tuesday, September 28. See, registration form [PDF]. Location: Sidley Austin, 1501 K Street, NW.

Deadline to submit reply comments to Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [38 pages in PDF] regarding use by unlicensed devices of broadcast television spectrum where the spectrum is not in use by broadcasters. See, notice in the Federal Register, June 18, 2004, Vol. 69, No. 117, at pages 34103-34112. See also, story titled "FCC Adopts NPRM Regarding Unlicensed Use of Broadcast TV Spectrum" in TLJ Daily E-Mail Alert No. 898, May 14, 2004, and story titled "FCC Releases NPRM Regarding Unlicensed Use of TV Spectrum" in TLJ Daily E-Mail Alert No. 905, May 26, 2004. This NPRM is FCC 04-113 in ET Docket Nos. 04-186 and No. 02-380.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding Amateur Radio Service rules. The FCC adopted this NPRM on March 31, 2004, and released it on April 15, 2004. This NPRM is FCC 04-79 in WT Docket No. 04-140. See, notice in the Federal Register, August 17, 2004, Vol. 69, No. 158, at Pages 51028 - 51034.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the Wireline Competition Bureau's (WCB) public notice inviting interested parties to update the record pertaining to petitions for reconsideration of the 1997 Price Cap Review Order. This is in CC Docket Nos. 94-1 and 96-262. See, notice [PDF].

Deadline to submit comments to the Federal Trade Commission (FTC) regarding its consent agreement with its Bonzi Software, Inc., it owners and officers, Joe Bonzi and Jay Bonzi. On September 1, 2004, the FTC filed an administrative complaint [6 pages in PDF], and simultaneously entered into an Agreement Containing Consent Decree [7 pages in PDF]. The FTC alleged violation of Section 5(a) of the FTC Act, which is codified at 15 U.S.C. § 45, in connection with the deceptive marketing and sale of software named "InternetALERT". See, notice in the Federal Register, September 9, 2004, Vol. 69, No. 174, at Pages 54667 - 54668. See also, story titled "FTC Stops Deceptive Claims by Security Software Maker" in TLJ Daily E-Mail Alert No. 970, September 6, 2004.

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