Internet News -- October Through December 1999

Pittsburgh Adopts Non-Discriminatory Open Access to Broadband Cable. (12/29/99) The Pittsburgh City Council approved an agreement with AT&T Cable Services that provides that AT&T must provide ISPs open access to its broadband cable facilities in the event that AT&T provides, or is compelled to provide, open access elsewhere.

Administration Wants FDA to Regulate Online Sale of Prescription Drugs (12/29/99) The Clinton Administration announced on December 28 a set of proposals to stem the illegal sale of pharmaceuticals over the Internet. The initiative would expand the Food and Drug Administration's regulatory authority in this area. See, administration statement.

Blumenthal Suit Against Drudge & AOL Languishes in Court. (12/17/99) The defamation suit brought by White House aide Sidney Blumenthal and his wife against Internet journalist Matt Drudge and America Online has been languishing with little activity. AOL has long since been dismissed, but Blumenthal's attorney says that an appeal might still be filed.

Internet Filtering Issues to be Decided by Voters In Michigan. (12/16/99) Filtering proponents in Michigan are taking advantage of the state's initiative and referendum laws to put the issue directly to the voters. They seek to pass ordinances that require porn filtering software on all public library computers which can be used by patrons to access the Internet, save one, set aside for adults.

Administration Delays Encryption Export Regulations. (12/14/99) The Clinton administration announced that it will delay the release of its new encryption export regulations, which it previously promised by December 15.

Judge Enjoins Contributory Infringement by Web Site. (12/13/99) U.S. District Court Judge Tena Campbell issued a preliminary injunction against several critics of the Mormon church on December 6. The order prevents them from publishing in their web site material from a copyrighted church handbook; it also prevents them from publishing information about other infringing web sites. See, Order.

Judge Dismisses Two Plaintiffs in Broward County Cable Access Case. (12/10/99)  The federal judge presiding over the open access case in Broward County, Florida, dismissed the complaints of two cable company plaintiffs on the grounds that they lack standing. Four local cable companies filed suit challenging a Broward County ordinance passed last July which requires that cable companies provide competing ISPs access to their broadband Internet access transport facilities. See also, Ordinance, Complaint, and Order.

Page Jacking and Mouse Trapping. (12/8/99) In September the Federal Trade Commission obtained an injunction against an Internet porn ring that was running a deceptive scam that the FTC labeled as "page jacking and mouse trapping". That operation has been stopped, and so far, no one else has duplicated it. However, Geocities filed a complaint in federal court last week against a web site operator engaged in a milder form of "mouse trapping."

AT&T to Allow Broadband Cable Internet Access Customers Choice of ISP. (12/7/99) AT&T and Mindspring delivered a letter to FCC Chairman William Kennard dated December 6 which states that AT&T will allow broadband customers a choice of ISP without having to subscribe to any other ISP, starting in mid 2002. See, AT&T letter to FCC.

New NTIA Chief Discusses Goals. (12/3/99) Greg Rhode, the newly appointed head of the NTIA, stated that two of his priorities for the coming year include narrowing the "digital divide" and implementing high cost reform under universal service.

FCC Orders Line Sharing for High Speed Internet Access. (11/19/99) The FCC ordered incumbent local exchange carriers to share lines with competitive local exchange carriers for the purpose of providing high speed Internet access. The order was issued on November 18, but will not be implemented for months.

Judge Rules Against Free Republic Web Site on Fair Use. (11/11/99) Judge Margaret Morrow ruled on Monday, November 8, that the Free Republic web site's posting of copies of copyrighted news stories from the Los Angeles Times and the Washington Post is not protected by either the fair use doctrine or the First Amendment. See, Tentative Opinion.

Free Republic Plans to Continue the Legal Fight. (11/11/99) The Defendants in the cyber copyright case, LA Times v. Free Republic, vow to continue their legal fight. On Monday a federal judge ruled that defendants' posting of copies of copyrighted news articles in their political discussion web site is not protected by the fair use doctrine.

FEC to Review Campaign Activity on the Internet. (11/8/99) The FEC is examining what kinds of political activity on the Internet it will consider to be campaign contributions or subject to reporting requirements. Meanwhile, several Senators introduced a bill that would exempt certain individuals' political web sites from FEC regulation.

House Crime Subcommittee Approves Net Gambling Prohibtion Act. (11/4/99) The House Crime Subcommittee approved the Internet Gambling Prohibition Act by a vote of 5 to 3 on November 3. The bill would ban some, but not all, forms of gambling businesses on the Internet, and other networks.

House Rejects Electronic Signatures Bill. (11/2/99) The House of Representatives narrowly rejected HR 1714, a bill providing for the acceptance of electronic signatures in interstate commerce, by a vote of 234 to 122. Since it was considered under a suspension of the rules, a 2/3 majority was required for passage.

Analysis of Vote on E-Signatures Bill. (11/2/99) The House vote on the electronic signatures bill followed party lines with all but three Republicans voting for the bill, and all but 51 Democrats voting against the bill. Most of the Democrats who voted for the bill represent states that are traditionally supportive of high tech, including the west coast states, Virginia, and Texas. See, roll call vote.

Senate Holds Hearing on Standards in E-Commerce. (10/29/99) The Senate Science Subcommittee held a hearing on Thursday, October 28 on the role of standards in the growth of global electronic commerce. Witnesses and Senators agreed that interoperability is essential, but that governments should not set standards.

GTEi Files Antitrust Suit Against Cable Companies Over Open Access. (10/28/99) GTEi filed a lawsuit in U.S. District Court on October 25 against TCI, Comcast, and At Home alleging that bundling broadband data transport service with ISP service violates the Sherman Antitrust Act. GTEi's complaint requests money and an injunction. See, Complaint.

House Passes Global Internet Tax Freedom Resolution. (10/26/99) The House passed the Global Internet Tax Freedom Act by a vote of 423 to 1 on October 26. The resolution calls for a permanent moratorium on global Internet e-commerce tariffs, a ban on multiple, discriminatory, and special Internet taxes, and a condemnation of the U.N. proposal that nations impose a bit tax.

Goodlatte Introduces Net Gambling Prohibition Bill. (10/25/99) Rep. Bob Goodlatte introduced the Internet Gambling Prohibition Act in the House on Thursday, October 21. He sponsored a similar bill in the previous Congress. It is based on the Senate version of the bill, which is sponsored by Sen. Jon Kyl. See, HR 3125 IH.

Net Gambling Bill Protects Established Gambling Interests. (10/25/99) NEWS ANALYSIS. The bill now looks like it would accomplish two things. First, it would provide some protection to people from the ills of compulsive gambling, and limit the exposure of children to gambling. Second, it would protect entrenched legalized gambling interests, including state and local governments, from competition from new market entrants. And in the process, it would protect the taxes and revenues of state governments.

Gambling Industry Congressional Campaign Contributions. (10/25/99) The political action committees of the major land based gambling casino companies are been big contributors to Congressional campaigns. For several years, the House and Senate have been considering the Internet Gambling Prohibition Act.

House Judiciary Committee Approves Anti-Cybersquatter Bill. (10/15/99) The House Judiciary Committee approved an amended version of HR 3028, an anti-cybersquatter bill sponsored by Rep. James Rogan, by a unanimous voice vote on Wednesday, October 13, 1999. See, HR 3028, as amended.

House Judiciary Committee Passes E-SIGN Bill with Berman Amendment. (10/14/99) The House Judiciary Committee approved HR 1714, a bill providing for the acceptance of electronic signatures in interstate commerce, on Wednesday, October 13. The committee adopted an amendment offered by Rep. Berman that allows states wide latitude to adopt legislation limiting the use of electronic signatures. The vote followed partisan lines. See, Berman Amendment.

House Subcommittee Approves Anti-Cybersquatting Bill. (10/12/99) The House Courts and Intellectual Property Subcommittee approved HR 3028, the Trademark Cyberpiracy Prevention Act, on Thursday, October 7, 1999. The bill is very similar to the anti-cybersquatting bill which passed the Senate on August 5. See, HR 3028 IH.

LA Times & Wash Post Move for Summary Judgment against Free Republic. (10/11/99) The Los Angeles Times and the Washington Post filed a motion for summary judgment in their copyright infringement suit against the Free Republic. The Defendant argues that its republication of news articles from the websites of other publications falls under the "fair use" exception. See, Plaintiffs' memorandum of law.

House Subcommittee Passes Amended E-SIGN Bill. (10/7/99) The House CIP Subcommittee approved an amended version of HR 1714, the E-SIGN Act, on Thursday, October 7, which differs from the bill reported by the Commerce Committee on the issue of preemption of state laws. Members of the subcommittee will also likely produce a further revision when the full Judiciary Committee marks up the bill. See, Coble amendment.

Rep. Lofgren Calls for SAFE Act to be Held in Abeyance. (10/6/99) Rep. Zoe Lofgren said at a forum on the administration's encryption policy proposal that the SAFE Act should be held "in abeyance." Rep. Tom Davis stated that it is still scheduled for the House floor later this month. William Reinsch of the Commerce Department restated the administration's opposition to the SAFE Act.

House Subcommittee Questions Preemption Language in Electronic Signatures Bill. (10/2/99) The House Courts and Intellectual Property Subcommittee held a hearing on HR 1714, the E-SIGN Act, on Thursday morning, September 30. Subcommittee members and witnesses expressed support for federal legislation providing for the acceptance of electronic signatures, but opposed the preemption language in the bill.

Republican Senators Accuse Democrats of Quashing E-Signatures Bill. (10/1/99) Sen. Abraham, the sponsor of S 761, a bill that would provide for the acceptance of electronic signatures in interstate commerce, and other Republican Senators, wrote to Senate Minority Leader Tom Daschle on September 29 asking "that you and your Democratic colleagues allow this legislation to move forward." See, letter.