Internet Stories: November - December 1998

Filtering Software Debate Continues. (12/21/98)   The debate over whether schools and libraries should use software that filters out Internet porn continues.  The National Commission on Library and Information Science is likely to issue a report on the subject by January 3.  Meanwhile, when the 106th Congress convenes on January 6, legislators will again introduce bills that mandate that certain schools and libraries use filtering software.  Judge Brinkema's recent decision in the Loudoun County case, while the sole written judicial opinion on point, has done little to deter many proponents of filtering.

Senate Commerce Committee Announces High-Tech Agenda for Early 1999. (12/18/98)  The Senate Commerce Committee announced a list of issues that it will take up in the first several months of the 106th Congress.  The list is heavy with high-tech issues, including high-speed digital technologies, technological convergence, Internet filtering for schools and libraries, satellite TV reform, Telecom Act changes, FCC reform, FCC reauthorization, and FTC reauthorization.

Music and Technology Companies Join to Develop Means to Protect Copyrighted Music. (12/16/98)  Representatives of the recording industry announced a "Secure Digital Music Initiative" (SDMI) at a press conference in New York on Tuesday, December 15.  The purposes of the initiative are to promote Internet distribution of music, and to protect copyrighted music in digital format from theft.

FTC to Study Consumer Protection in International Electronic Commerce. (12/15/98)  The Federal Trade Commission announced on Monday, December 14, that it will organize a workshop on consumer protection in the global electronic marketplace.

Computer Firms and RBOCs Write FCC with High Speed Internet Access Proposals. (12/8/98)  Several leading computer companies and most of the regional Bell operating companies jointly wrote to the Federal Communications Commission on Monday, December 7, with a set of proposals for facilitating the provision of high speed Internet access via ADSL technology.  See, copy of letter and attached proposals.

Appointments to Advisory Commission on E-Commerce. (12/7/98)  The process of making appointments to the Advisory Commission on Electronic Commerce is under way.  The Commission was created in October by the Internet Tax Freedom Act.

Loudoun County Library Board Votes to Preserve Appeal in Internet Filtering Case. (12/2/98)  The Loudoun County Library Board voted at the end of a long and sometimes stormy public meeting Tuesday night to "direct our attorneys to take all steps necessary to preserve the right to appeal."  Last week Judge Brinkema held unconstitutional the Library's policy mandating Internet filtering software on all computers used by library patrons.  The Library Board also approved a new  Internet Use Policy that provides for filtering software, but allows adult patrons to decide whether or not to use it, and allows parents to decide for their minor children.  See, Internet Use Policy.

Administration Policy for Boosting E-Commerce Includes Crypto Restraints. (11/30/98)  Bill Clinton and Al Gore jointly announced the administration's first annual report on electronic commerce at a ceremony held in the Old Executive Office Building in Washington DC on Monday, November 30.  The report, which describes the administration's agenda for promoting e-commerce, contains little new information.  It does, however, include the incompatible directive of maintaining existing restraints on encryption.

Disbursement of E-Rate Funds Begins. (11/25/98)  The FCC's controversial schools and libraries program, or "e-rate,"  is set to begin disbursement of funds, according to statements released by the Schools and Libraries Corp. and Vice President Al Gore.

Federal Judge Bans Public Library from Filtering Out Net Porn. (11/24/98) U.S. District Court Judge Leonie Brinkema ruled yesterday that the Loudoun County Library can no longer continue its policy of running software on its public use computers that blocks access to Internet pornography.  See, Judge's Opinion in Mainstream Loudoun v. Loudoun County Library.

AOL to Buy Netscape, and Contract with Sun. (11/24/98)  America Online and Netscape Communications announced today that the online service company will acquire the browser, e-commerce, and portal company in a stock exchange valued at $4.2 Billion.  Simultaneously, AOL and Sun Microsystems announced a three year alliance to develop e-commerce products.  Microsoft hailed the deals as proof that it faces vigorous competition in the marketplace, despite allegations to the contrary by antitrust prosecutors.

Judge Issues Temporary Restraining Order in COPA Suit. (11/21/98)  U.S. District Court Judge Lowell Reed issued a temporary restraining order on November 19 which bars the Department of Justice from enforcing the Child Online Protection Act (COPA).  The bill, which was passed last month, is designed to protect children from being exposed to harmful material on the world wide web.  The American Civil Liberties Union is leading the legal challenge to the law.  See, copy of Order.

Bob Goodlatte Named Co-Chair of Internet Caucus. (11/20/98)  Rep. Bob Goodlatte (R-VA) has been named House Republican Co-Chair of the Internet Caucus.  He is the lead sponsor and advocate of the Safety and Freedom through Encryption Act (SAFE), HR 695.

Can Securities Registration Survive the Internet? (11/13/98)  A group of lawyers and regulators held a panel discussion in Washington DC on November 12 on whether the Internet is rendering federal securities registration obsolete. The SEC's Paul Dudek was there to argue that the registration process will adapt and continue.  The private practitioners on the panel were not so sure.

FCC Rules GTE ADSL Service Subject to Its Jurisdiction. (11/2/98)  The FCC announced late on Friday, October 30, that GTE's ADSL service through a dedicated connection is interstate rather than local, and hence subject to FCC jurisdiction.  However, the FCC did not rule on the broader issue of whether traditional dialup calls to ISPs are local, and whether to maintain the current reciprocal compensation agreements between incumbent local exchange carriers (ILECs) and their competitors.  The FCC announced in a separate statement that it plans to rule on that issue this week.  See, FCC Memorandum Opinion.