Internet Stories: April - June 1999

Senate Committee Passes E-Rate Filtering Bill. (6/24/99) The Senate Commerce Committee approved an amended version of S 97, the Children's Internet Protection Act, by a voice vote on Wednesday, June 23. The bill requires schools and libraries receiving e-rate subsidies to certify that they use software to block access to material that is either "obscene" or "child pornography." See, S 97 (Committee Amendment).

Senate Committee Passes E-Signatures Bill. (6/24/99) The Senate Commerce Committee passed a amended version of S 761, the Third Millennium Electronic Commerce Act, on Wednesday morning, June 23, by a voice vote. The bill provides for the acceptance of electronic signatures in interstate commerce. See, S761 as amended.

Spam Bills Proliferate in the 106th Congress. (6/20/99) When freshman Rep. Gary Miller filed his "Can Spam Act" on June 10, it joined a host of other bills which deal with unsolicited bulk electronic mail. Most of the bills appear to have more to do with giving ISPs and EMSPs control over the flow of bulk e-mail, than in protecting ordinary users from unwanted messages in their e-mail boxes.

Kennard Opposes Open Cable Access in Speech to NCTA. (6/16/99) FCC Chairman William Kennard criticized the decision of the City of Portland to mandate open cable access, and the U.S. District Court decision which upheld it, in a speech to the National Cable Television Association in Chicago on June 15. See, copy of speech.

House Adopts Franks' Internet Filtering Bill. (6/18/99) The House adopted the Franks amendment to the juvenile crime bill, which requires schools and libraries receiving e-rate subsidies to install filtering or blocking technology for computers with Internet access. See, bill adopted by the House.

Ag Subcommittee Holds Hearing on Freedom to E-File Act. (6/18/99) The House Agriculture Committee's Subcommittee on Department Operations held a hearing on the Freedom to E-File Act. The bill would require the Department of Agriculture to establish an electronic filing and retrieval system within 180 days. A USDA representative testified that they want two years. See, HR 852 IH.

House Subcommittee Holds Hearing on Database Bill. (6/16/99) The House Telecommunications Subcommittee held a hearing on Tuesday morning, June 15, on HR 1858, and database protection generally. The House Judiciary Committee last month approved a competing bill, HR 354.

House Committees Vie for High Tech Leadership. (6/16/99) There is a turf war in the House of Representatives between the House Commerce Committee and the House Judiciary Committee, and especially between their Telecommunications and Courts and Intellectual Property Subcommittees. The most recent battle is over database protection legislation, but the conflict extends into many other high-tech topics. The two sides perceive their missions quite differently, and respond to different constituencies. Hence, these turf contests will have profound consequences for high-tech policy.

House Telecom Subcommittee Holds Hearing on E-SIGN Act. (6/9/99) The House Telecommunications Subcommittee held a hearing on Wednesday morning, June 9, on HR 1714, an electronic signatures bill sponsored by Rep. Tom Bliley. While there was consensus among the members of the subcommittee and witnesses that a bill is needed, there was debate on the issue of preemption of state laws pertaining to electronic signatures.

Senate Approves Hatch's Internet Alcohol Sales Bill. (5/21/99) The Senate adopted Sen. Hatch's Internet alcohol sales bill, the Twenty-First Amendment Enforcement Act. The Hatch bill was approved as an amendment offered by Sen. Byrd to  the juvenile crime bill on Tuesday, May 18. The juvenile crime bill, as amended, then passed the Senate on May 20. See also, Byrd Amendment.

McCain Introduces Broadband Internet Access Bill. (5/15/99) Sen. John McCain introduced the Internet Regulatory Freedom Act on Thursday, May 13. This is the fourth bill to be introduced in Congress in the last three weeks which is intended to spur the deployment of high speed Internet access by phone companies by reducing the regulatory burdens placed on them by the Telecom Act of 1996. See, S 1043 IS.

House Panel Investigates DOJ Failure to Enforce NET Act. (5/13/99) The House Courts and Intellectual Property Subcommittee held a hearing on Wednesday, May 12, on why the Department of Justice has yet to obtain one indictment under the No Electronic Theft Act. The law, which was passed to deter Internet piracy, has been on the books for a year and a half.

Rogan Introduces Bill to Increase Damages for Copyright Infringement. (5/13/99) Rep. James Rogan introduced the Copyright Damages Improvement Act on May 11, 1999. The bill would increase the statutory damages available for copyright infringement, and serve as an increased deterrent against copyright violation. See, HR 1761 IH.

Tauzin and Burns Re-Introduce Bills to Reform E-Rate. (5/12/99) Rep. Billy Tauzin and Sen. Conrad Burns re-introduced legislation that would reform the Federal Communications Commission's schools and libraries program, which is also known as the "e-rate" and the "Gore Tax". Their bills would end FCC control of the program, fund the program for five years out of the existing excise tax on phones, and distribute the money in the form of block grants to the states.

Sen. Brownback Introduces Broadband Access Bill. (5/3/99) Sen. Sam Brownback introduced the Broadband Internet Regulatory Relief Act on Monday, April 26. Sen. Brownback stated that the "bill is intended to speed up the deployment of broadband networks throughout the United States and to make residential high-speed Internet access a widely-available service." See, S 877 IS.

Loudoun Library Decides Not to Appeal Filtering Decision. (4/21/99) The Board of Trustees of the Loudoun County Library voted 7 to 2 on Monday night, April 19, not to appeal Judge Brinkema's decision holding the library's previous Internet filtering policy unconstitutional.

eBay's Whitman Addresses Political Issues Affecting E-Commerce. (4/21/99) Margaret Whitman, of online auction web site eBay, spoke at the National Press Club on Tuesday, April 20, on a variety of business and political issues affecting e-commerce. She argued that no new regulation of privacy online is necessary.

Burns and Wyden Introduce Online Privacy Bill. (4/18/99) Sen. Conrad Burns and Sen. Ron Wyden introduced the Online Privacy Protection Act on Thursday, April 15. The bill would limit the way web sites and online services collect and disseminate personal information about individuals without their consent. It would require web sites and online services to post notices about their information collection and use policies, and allow individuals to prevent disclosure of certain personal information. See, copy of Online Privacy Protection Act.

Sen. McCain Introduces Encryption Bill. (4/15/99) Sen. John McCain (R-AZ) introduced the "Promote Reliable On Line Transactions to Encourage Commerce and Trade (PROTECT) Act" on Wednesday, April 14. The bill would allow exportation of encryption of key lengths up to 64 bits, and allow for exportation of encryption above 64 bits to responsible entities and governments of NATO, ASEAN, and the OECD. See, copy of the PROTECT Act.

Senate Committee Holds Hearing on Broadband Access. (4/14/99) The Senate Commerce Committee held a hearing on how to facilitate the widespread deployment of broadband access to the Internet on Tuesday, April 13. AOL's Steve Case argued that cable companies should be forced to open their networks, and be subject to non-discriminatory access obligations. Several Senators rejected this regulatory approach.

NTIA Opposes Mandatory Filtering Under E-Rate. (4/13/99) NTIA head Larry Irving sent a letter to FCC Chairman William Kennard on April 7 in which he stated opposition to mandated filtering in the FCC's e-rate program. He wrote that "the Federal Government should not mandate a particular type of technology, such as filtering or blocking software." There are bills pending in Congress that would require all schools and libraries receiving e-rate subsidies to install and use software that filters out Internet porn. See, copy of letter.

Judge Awards ACLU and PFAW $106K in Loudoun Case. (4/13/99) Judge Leonie Brinkema awarded the ACLU and People for the American Way $106,918.25 in attorneys fees and costs in their suit against the Loudoun County Library for using software to filter out Internet porn. They had asked for over $488,000.00. The decision may lead the library board to decide not to pursue an appeal when it next meets on April 19. See, copy of attorneys fees opinion.

Rep. Markey Proposes Federal Regulation to Protect Online Privacy. (4/7/99) Rep. Edward Markey proposed new federal legislation of electronic commerce companies for the purpose of protecting the privacy of consumers. He also endorsed legislation to protect encryption rights of Americans. He was a keynote speaker at the Computer, Freedom & Privacy 1999 convention in Washington DC. See, copy of Rep.Markey's address, as delivered.

Thompson Addresses Online Privacy and Internet Fraud. (4/7/99) FTC Commissioner Mozelle Thompson addressed online privacy and Internet fraud in a keynote address at the CFP 99 conference on Wednesday, April 7, in Washington DC.