News Briefs from July 16-20, 2001

Patent Infringement and State Sovereign Immunity
7/20. The U.S. Court of Appeals (FedCir) issued its opinion in State Contracting & Engineering v. Florida, a case involving the application of state sovereign immunity to patent infringement and related claims.
The plaintiffs hold two patents pertaining to highway sound barrier walls. Plaintiffs bid on, and received construction contracts from the State of Florida Department of Transportation (FDOT). Plaintiffs subsequently obtained patents on the technology included within their proposals. The FDOT included data from these proposals in subsequent requests for bids. Plaintiffs sought royalties. After unsuccessful negotiations, plaintiffs filed a complaint in U.S. District Court (SDFl) against Florida and seven private contracts. Plaintiffs alleged direct infringement by Florida, direct infringement by the private contractors, a Lanham Act violation by Florida, unconstitutional taking by Florida, and breach of contract by Florida. The District Court granting summary judgment to Defendants.
The Appeals Court affirmed the District Court's grant of summary judgment to Florida as to the patent infringement and Lanham Act claims on grounds of sovereign immunity. It also affirmed the grant of summary judgment to Florida as to the takings claim and the breach of contract claim. It vacated and remanded the District Court's grant of summary judgment to the private contractors on the patent infringement claims.
The Originality Requirement of Copyright
7/20. The U.S. Court of Appeals (3rdCir) issued its opinion in Southco v. Kanbridge, a case regarding the originality requirement for copyright protection.
Facts. Southco manufactures captive screw fasteners, devices used in assembling the panels of computers and telecommunications equipment. Southco developed a numbering system to serve as a shorthand description of the relevant characteristics of each fastener to assist its employees and customers in identifying and distinguishing among its products. This nine digit numbering system has become an industry standard. Kanebridge is a distributor of competing fasteners. It began using Southco's part numbers in comparison charts that were included in advertisements and other literature that it provides to customers.
District Court. Southco filed a complaint in U.S. District Court (EDPenn) against Kanbridge alleging patent infringement. The District Court granted Southco a preliminary injunction. This appeal followed.
Appeals Court. Kanbridge argued several issues on appeal (including lack of originality, the scenes a faire doctrine, the merger doctrine, and fair use). However, the Appeals Court reversed pursuant to the lack of originality, and therefore did not address the other issues. The Court applied Section 102 of the Copyright Act (which provides copyright protection for "original works of authorship") and the 1991 opinion of the Supreme Court in Feist Publications v. Rural Tel. Serv., 499 U.S. 340 (which held that the originality requirement means that a work must have been "independently created by the author" and must possess "at least some minimal degree of creativity."). The Appeals Court held that there was no originality here. It wrote: "there is simply no room for creativity when assigning a number to a new panel fastener. The part has certain relevant characteristics, and the numbering system specifies certain numbers for each of those characteristics. As a result, there is only one possible part number for any new panel fastener that Southco creates. This number results from the mechanical application of the system, not creative thought."
U.S. Singapore Trade Agreement
7/20. The USTR stated that the U.S. and Singapore concluded the fourth round of negotiations on the U.S. Singapore Free Trade Agreement (FTA) in London. The USTR stated in a release that "The two sides continued intensive negotiations on a wide range of issues, including trade in goods, customs and rules of origin, textiles, trade in services, investment, intellectual property rights, and government procurement. Significant progress was achieved in services and rules of origin. The two sides agreed to adopt the negative list approach for services and investment and to develop state of the art rules of origin to take into account the globalization of manufacturing in a knowledge-based world economy." The parties will resume negotiations during the week of September 17-21, 2001 in London.
House Committee Examines Violent Video Games
7/20. The House Commerce Committee's Subcommittee on Telecommunications and the Internet held a hearing on the software, movie and music industries' efforts to curb children's exposure to violent content.
Rep. Billy Tauzin (R-LA), Chairman of the full committee, said in his prepared statement that "there is legislation currently before the Energy and Commerce Committee that would enable the government to enforce policies against marketing and selling this material to minors, and we need to think about it very carefully."
Douglas Lowenstein of the Interactive Digital Software Association (IDSA) addressed games. He argued in his prepared testimony that a majority of game players are adults, and that since games are costly, children need parental consent to obtain them. He also testified that "we do live in a world where media is incredibly complex, where the Internet spans the globe, where consumers, young and old, have access to information in ways never before imagined. In this environment, it is simply not possible or realistic to create an airtight system where young people do not hear about, or even obtain, games that are not appropriate for them."
Lee Peeler of the Federal Trade Commission said in his prepared testimony that "Seventy percent of the 118 electronic games with a Mature rating for violence the Commission examined targeted children under 17."
See, prepared statements of other witnesses: Jack Valenti (Motion Picture Association of America), Hilary Rosen (Recording Industry Association of America), Doug McMillon (Wal-Mart Stores), and Daphne White (The Lion & Lamb Project).
DOJ Forms Anti Hacking and IP Crimes Units
7/20. Attorney General John Ashcroft gave a speech in which he announced the formation of nine new units at the Department of Justice named Computer Hacking and Intellectual Property (CHIP) units. The new units will prosecute computer intrusions, copyright and trademark violations, theft of trade secrets and economic espionage, theft of computer and high tech components, fraud, and other Internet crimes. One such unit already exists for the San Francisco area. New units will be created for Los Angeles, San Diego, Atlanta, Boston, New York City, Dallas, Seattle and northern Virginia. The CHIP units will be staffed with a total of 77 people, of which 48 will be prosecutors.
AG Ashcroft stated that "These new teams will prosecute vigorously those responsible for cybercrime. As a result we hope to reinforce the message to would-be criminals that there are no free passes in cyberspace. Crimes will be investigated and criminals will be prosecuted to the fullest extent of the law."
Export Control Bills
7/19. Rep. David Dreier (R-CA), Amo Houghton (R-NY) and Jeff Flake (R-AZ) introduced HR 2568, the Export Administration Act of 2001. It is identical to S 149 as reported by the Senate Banking Committee on March 22, 2001. The bill would ease restraints on the export of most dual use products, such as computers and software. The bill was referred to the Committee on International Relations. See, Dreier release.
7/18. Rep. Robert Menendez (D-NJ), Rep. Amo Houghton (R-NY), Jeff Flake (R-AZ), and Earl Blumenauer (D-OR) introduced HR 2557, the Export Administration Act of 2001.
7/20. Rep. Benjamin Gilman (R-NY) introduced HR 2581, a bill to provide authority to control exports.
Internet Gambling Bills
7/20. Rep. John LaFalce (D-NY) introduced HR 2579, the Internet Gambling Payments Prohibition Act. On Tuesday, July 24, the House Financial Services Committee's Financial Institutions Subcommittee will hold a hearing on Internet gambling proposals.
.us Domain Management
7/20. Rep. Ed Markey (D-MA), the ranking Democrat on the House Telecom and Internet Subcommittee, sent a letter [PDF] to Commerce Secretary Donald Evans regarding the .us top level domain.
Rep. Markey stated that the "NTIA has announced its intent to contract out management of the ".us" domain, apparently to any contractor willing to run the ccTLD registry service at no cost to the government. I strongly suggest that the Department of Commerce reconsider this proposal for several reasons." He went on to state that it should be managed "in the public interest, serving all Americans in a non-commercial context." Moreover, he stated that "it is inexcusable to give away this public asset without due compensation".
On June 13, NTIA, which is a part of the Commerce Department, issued a Request for Quotations (RFQ) for management of the .us domain. The final date for responses to the RFQ is July 27.
FCC Approves Verizon 271 Application in Connecticut
7/20. The FCC approve Verizon's Section 271 application to provide in region interLATA service in Connecticut. Verizon serves only two communities in Connecticut with a total of 60,000 lines. See, FCC release. Verizon has a 271 application pending with the FCC for Pennsylvania, and plans to file applications later this year for the states of New Hampshire, New Jersey, Rhode Island, and Vermont. See, Verizon release.
Sprint General Counsel Richard Devlin had this reaction: "Sprint is disappointed that the FCC did not use this Section 271 application to signal a get-tough approach to Verizon and other Bell companies that have not truly opened up their local markets to competition. Verizon's Connecticut customers, like its New York customers, will experience very limited local competition - and not benefit from the promise of full local competition under the Telecom Act." See, release.
People and Appointments
7/20. The Senate confirmed Ralph Boyd to be Assistant Attorney General for the Civil Rights Division and Eileen O'Connor to be Assistant Attorney General for the Tax Division.
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7/20. The U.S. Court of Appeals (FedCir) issued its opinion in Dayco v. Total Containment, a patent infringement case. The case involved claims of infringement of several patents pertaining to cylindrical hoses. The District Court granted summary judgment of non-infringement. The Appeals Court affirmed as to one patent, and vacated and remanded as to the others.
7/20. Microsoft filed its opposition [PDF] to the DOJ's July 13 motion [PDF] for immediate issuance of mandate in the Microsoft antitrust case. Microsoft would like the Appeals Court to address its July 18 Petition for Rehearing [PDF] before returning the case to the District Court. It stated that the petition "raises a substantial question and thus merits the attention of the Court. The mandate plainly should not issue while the Court is still considering Microsoft’s petition and plaintiffs’ response."
Senate Appropriations Committee Approves CJS Bill
7/19. The Senate Appropriations Committee approved its version of HR 2500, the appropriations bill for the Departments of Commerce, Justice, and State, and for the Judiciary, and for related agencies, including the FCC, FTC, and SEC. The House passed its version of this bill, which is also known at the CJS appropriations bill, on July 18. See, Senate Appropriations release.
The Senate version of the bill now includes $73.0 Million for the NTIA; $43.4 Million is for public telecommunications facilities, planning and construction, and $15.5 Million for information infrastructure grants. The bill also includes $252.5 Million for the FCC, $514 Million for the SEC, and $696.5 Million for the NIST.
The Senate bill also provides $1.1 Billion for the USPTO, which is a part of the Department of Commerce. The House bill provides $1.129 Billion. The USPTO is funded by fees collected from users. However, the amount of fees collected exceeds that made available to the USPTO. The difference is diverted to subsidize other government programs, a practice that is opposed by the intellectual property community.
7/19. The House Judiciary Committee postponed indefinitely its scheduled mark up of HR 2047, the Patent and Trademark Office Authorization Act of 2002. The bill provides that "There are authorized to be appropriated to the United States Patent and Trademark Office for salaries and necessary expenses for fiscal year 2002 an amount equal to the fees collected in fiscal year 2002 ..." Hence, it seeks to end the diversion of USPTO fees to fund other government programs.
Evans Will Take More Time to Develop New 3G Plan
7/19. Commerce Secretary Donald Evans sent a letter to FCC Chairman Michael Powell regarding plans to "identify additional spectrum for third generation (3G) advanced mobile wireless services." He stated that this will be done "with additional time". While the Clinton administration had developed a plan, and set a timetable for identifying and allocating spectrum for 3G wireless systems, Evans stated that "I have directed the Acting Administrator of the National Telecommunications and Information Administration to work with the FCC to develop a new plan for the selection of 3G spectrum."
CTIA P/CEO Tom Wheeler had this reaction: "Today's letter is good news for the wireless industry. It confirms that the highest levels of government, from both the commercial and military perspectives, are searching for a “win-win” solution on spectrum allocation for the next generation of wireless services. The letter also calls for both speed and flexibility in finding that solution - two characteristics that will be necessary as we strive in the weeks ahead for a solution that preserves national security and enhances our economy. ..." See, release.
InterTrust v. Microsoft
7/19. InterTrust, a provider of digital rights management technologies, announced that it will file a second amended complaint in the U.S. District Court (NDCal) against Microsoft adding a claim for infringement of InterTrust's U.S. Patent No. 5,920,861, which discloses techniques for defining, using, and manipulating rights management data structures. InterTrust will seek monetary damages and injunctive relief, including an injunction prohibiting further infringement by Microsoft products, including Microsoft's Reader (application for reading electronic books) and Digital Asset Server. See, release.
InterTrust filed its original complaint on April 26, 2001, alleging infringement of its U.S. Patent No. 6,185,683. On June 27, InterTrust filed its first amended complaint [PDF], adding a claim for infringement of its U.S. Patent No. 6,253,193. (Case No. C 01 1640 JL.)
People and Appointments
7/19. The Department of Justice formally announced the appointments of Hewitt Pate, Deborah Herman, and Michael Katz to be Deputy Assistant Attorney Generals (DAAGs) in the Department of Justice (DOJ) Antitrust Division; however, these selections have long been public knowledge. Hewitt Pate was appointed DAAG in charge of regulatory matters; he will oversee airline, transportation, energy and other regulatory matters. He previously was a partner in the litigation, intellectual property and antitrust section of the law firm of Hunton & Williams. See, DOJ release and Hunton release.
7/19. Deborah Herman was appointed DAAG in charge of civil enforcement. She was previously a partner in the antitrust litigation section of the law firm of Jones Day. She has experience in telecommunications and high technology issues. See, DOJ release.
7/19. Michael Katz was appointed DAAG in charge of economic analysis. He is a professor of economics and business at the University of California at Berkeley's Haas School. He also directs the school's Center for Telecommunications and Digital Convergence. From 1994 through 1996 he was Chief Economist at the FCC. His areas of interest include networks industries, intellectual property licensing, telecommunications policy, and cooperative research and development. See, DOJ release and Berkeley bio.
7/19. The Senate Banking Committee held a hearing on the nomination of Harvey Pitt to be Chairman of the Securities and Exchange Commission.
7/19. The Senate Judiciary Committee approved the nomination of Roger Gregory to be a Judge on the U.S. Court of Appeals (4thCir).
7/19. The Senate Judiciary Committee approved the nomination of Ralph Boyd to be Assistant Attorney General for the DOJ's Civil Rights Division, and the nomination of Robert McCallum to be Assistant Attorney General for the DOJ's Civil Division.
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7/19. The U.S. Court of Appeals (DCCir) issued an order [PDF] in USA v. Microsoft regarding Microsoft's July 18 petition for rehearing [PDF]. The Court wrote, "Upon consideration of appellant’s petition for rehearing filed on July 18, 2001, it is ORDERED that appellees respond thereto and do so on or before August 3, 2001. A reply to the response will not be accepted by the court."
7/19. The House rejected HJRes 50 by a vote of 169 to 259. See, Roll Call No. 255. This resolution, which is sponsored by Rep. Dana Rohrabacher (R-CA) and Rep. Sherrod Brown (D-OH), would have ended normal trade relations with China. Specifically, it would have disapproved of the extension of the waiver authority contained in § 402(c) of the Trade Act of 1974 with respect to the People's Republic of China.
7/19. The Senate Judiciary Committee approved S 407, the Madrid Protocol Implementation Act, a bill to amend the Trademark Act of 1946 to provide for the registration and protection of trademarks in order to carry out provisions of certain international conventions.
House Holds Hearing on Internet Taxes
7/18. The House Judiciary Committee's Commercial & Administrative Law Subcommittee held a hearing on HR 1410, the Internet Tax Moratorium and Equity Act, sponsored by Rep. Ernest Istook (R-OK) and others. This bill would temporarily extend that existing moratorium on multiple and discriminatory Internet taxes, and Internet access taxes. It would also provide that state and local taxing authorities may require out of jurisdiction Internet sellers (and other remote sellers) to collect sales taxes.
The U.S. Supreme Court ruled in Quill v. North Dakota, 504 U.S. 298 (1992) that state and local taxing authorities are barred under the Commerce Clause from requiring remote sellers without a substantial nexus to the taxing jurisdiction to collect sales taxes for sales to persons within the jurisdiction. However, the Court added that Congress may extend such authority. HR 1410 would provide such taxing authority.
ITFA. Congress passed the Internet Tax Freedom Act (ITFA) in 1998, creating the existing three year moratorium, which expires on October 21 of this year. Proponents of increasing state and local taxing authority seek to bundle their proposals with a moratorium extension. Some others seek only an extension of the moratorium contained in the ITFA. Rep. Chris Cox (R-CA) is sponsoring a pair of bills that would do only this.
State Tax Base. Rep. Jerrold Nadler (D-NY) supports Rep. Istook's bill. He stated that Congress should "enable state and local governments to levy sales and use taxes" This, he said, is for the purpose of "protecting the tax bases of state and local governments." Rep. Spencer Bachus (R-AL) stated that "you have those taxes being undermined because more and more people are going to the Internet". Grover Norquist of Americans for Tax Reform countered that the Internet is not a threat to state and local tax collection. First, he said that it accounts for about 1% of sales, while the "state governments are flush with resources" that they do not tax, such as services. Norquist added that Internet retailers are taking sales away from catalogue sellers, not brick and mortar retailers located within the taxing jurisdictions.
States Rights. Rep. Istook testified that this is not just a tax collection issue -- it is a states rights issue also. That is, if states are not able to put their policies into effect with revenues collected from sales taxes, political power will shift to Washington. Norquist retorted that this states rights argument is "George Wallace's argument."
Privacy. Rep. Bob Barr (R-GA) and Norquist raised the issue of privacy. Under the proposed legislation, retailers would need to collect data, including individuals' names, addresses, items purchased, and locations of purchases. Norquist pointed out that this would enable the government to track individuals. He also reminded the Subcommittee that "this government can't keep people's FBI files private". Rep. Istook responded that "the government's interest is in the overall level of sales", not individual level data. Rep. Mel Watt (D-NC) argued that "this is pretty much a red herring issue", noting that the IRS already collects far more personal information.
See, opening statement of Subcommittee Chairman Bob Barr, and prepared testimony of Rep. Ernest Istook. See also, prepared testimony of other witnesses: Grover Norquist, Frank Julian, and Jon Abolins.
Bock v. Computer Associates
7/18. The U.S. Court of Appeals (7thCir) issued its opinion in Bock v. Computer Associates, an ERISA case involving a severance pay agreement for executives of a software company. The Plaintiff, Kevin Bock, was an employee of Platinum Technology, a software company acquired by Computer Associates International (CAI). There was a severance agreement that provided that employees would receive "aggregate severance pay" consisting of a "bonus amount" added to twice the sum of their highest base salary plus their highest 12-month amount of "incentive compensation." In 1998, Bock had a salary of $145,000 and commissions of $674,333. When CAI bought Platinum in 1999 it terminated Bock, and gave him severance pay of $290,00, or twice his salary. Bock filed a complaint to enforce the severance agreement, asserting that commissions constituted "incentive compensation." The U.S. District Court (NDIll) entered judgment for Bock. CAI appealed. Vacated and remanded.
Microsoft Seeks Rehearing on Single Issue
7/18. Microsoft filed a Petition for Rehearing with the U.S. Court of Appeals (DCCir) in Microsoft v. USA on the sole issue of commingling of certain software code specific to web browsing with software code used for other purposes in certain files in Windows 98. Microsoft stated that the June 28 opinion of the U.S. Court of Appeals "accepted the district court’s conclusion that such "commingling" had occurred and that it violated Section 2 of the Sherman Act. The Court’s ruling with regard to "commingling" of software code is important because it might be read to suggest that OEMs should be given the option of removing the software code in Windows 98 (if any) that is specific to Web browsing. ... The Government, however, did not seek such relief on appeal."
SEC v. Stadtt Media
7/18. The SEC announced that it settled all claims in SEC v. Stadtt Media, a civil securities fraud action pending in the U.S. District Court (NDTex). Stadtt Media, and four of its owners and employees, fraudulently raised over $900,000 from about 50 investors for the development of a website called Defendants falsely represented that Stadtt Media owned patents on Internet related inventions and that a major investment banking firm was committed to underwriting a $100 Million initial public offering. The defendants consented to final judgments that impose permanent injunctions and other equitable relief against them. However, no civil penalties were imposed, and payment of disgorgement was ordered, but waived for inability to pay.
Compaq Group Fined by FEC
7/18. The Federal Election Commission (FEC) made public its disposition of its self initiated review of the Compaq Citizenship Fund's (CCF) failure to timely file a disclosure report, as required by the Federal Election Campaign Act. The FEC and CCF reached a conciliation agreement under which the CCF will pay a $2,300 civil penalty. The Compaq Citzenship Fund is connected with Compaq Computer Corporation. See, FEC release. (FEC MUR 5193.) The Treasurer is Michele Blair.
Napster News
7/18. The U.S. Court of Appeals (9thCir) issued an order stating the order of July 12 of the U.S. District Court (NDCal) in A&M Records v. Napster is "stayed pending a further order of this court." The stayed order had required that Napster block all songs that had been identified as copyrighted. The RIAA's Cary Sherman had this reaction: "We are confident that after a thorough review, the Ninth Circuit Court of Appeals will uphold Judge Patel's decision. The evidence in this case clearly shows that Napster has not done all it can to police its system. The Ninth Circuit Court has previously ruled that Napster's conduct required an injunction and we expect them to do so again after a full review of the facts. It is important to note that today's ruling does not change in any way the fact that Napster must prevent copyrighted works from appearing on its system as previously ordered by the Court." See, RIAA release.
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7/18. The House passed HR 2500, the FY 2002 appropriations bill for the Departments of Commerce, Justice, and State, for the Judiciary, and for related agencies, including the FCC, FTC, and SEC.
7/18. The FCC adopted its Sixth Annual Report on the state of competition in the wireless marketplace. See, FCC release.
7/18. FCC Chairman Michael Powell gave a speech to the Tenth African Telecommunications and Information Technology Conference (AFCOM 2001) in Arlington, Virginia. He spoke about digital divides and digital development. AFCOM opened its three day conference on July 18.
7/18. Federal Reserve Chairman Alan Greenspan appeared before the House Financial Services Committee to present the Federal Reserve's semiannual report on monetary policy. He provided an assessment of the current economic situation, with particular attention to the technology sector. See, prepared testimony and semiannual report.
7/18. AT&T's Board of Directors voted unanimously to reject Comcast's proposal to acquire AT&T Broadband. See, AT&T release.
DMCA Anti Circumvention Criminal Case
7/17. The U.S. Attorney's Office (NDCal) charged Dmitry Sklyarov by criminal complaint [PDF] with one count of trafficking in a product designed to circumvent copyright protection measures in violation of Digital Millennium Copyright Act (DMCA), at 17 U.S.C. § 1201. The complaint states that Sklyarov developed for sale and distribution a program that can convert Adobe's eBooks into naked files that can be read, copied, and stored on any computer.
Adobe Systems makes the eBook Reader, a program which can read books in an electronic format named eBook. The program is downloadable at Adobe's web site. Users can then purchase encrypted electronic books in eBook format from online bookstores, such as, and read them with the eBook Reader. The books are encrypted to protect copyright interests.
An affidavit of an FBI Agent made a part of the complaint states that "Adobe is being victimized by a Russian company name Elcomsoft. Elcomsoft is distributing a key over the Internet in the form of a software program that illegally unlocks copyright protections on the e-Book files. This unlocking key is available for purchase on the Internet at The commercial name given by Elcomsoft to this unlocking key program is Advanced eBook Processor (AEBPR)." The affidavit further states that Sklyarov was scheduled to speak on July 15 at a hacker conference titled Defcon 9 in Las Vegas, Nevada.
The Department of Justice stated in a release that Sklyarov was arrested, and "made his initial appearance in federal court in Las Vegas, yesterday, July 16, 2001. Mr. Sklyarov was detained without bail and ordered removed to the Northern District of California. No dates have been set for the defendant's next appearance."
See also, USAO release.
Elcomsoft's web site states that Sklyarov is an employee of the company, and that he developed the AEBPR. The web site is also still selling the AEBPR.
The Statute: Anti Circumvention. 17 U.S.C. § 1201(a)(1)(A) provides, in part, that "No person shall circumvent a technological measure that effectively controls access to a work protected under this title." 17 U.S.C. § 1201(b)(1) provides that "No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that (A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof; (B) has only limited commercially significant purpose or use other than to circumvent protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof; or (C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof.
The Statute: Criminal Penalties. 17 U.S.C. § 1204 provides, in part, that "Any person who violates section 1201 or 1202 willfully and for purposes of commercial advantage or private financial gain (1) shall be fined not more than $500,000 or imprisoned for not more than 5 years, or both, for the first offense; and (2) shall be fined not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense."
Goodlatte and Boucher Introduce Net Tax Moratorium Bill
7/17. Rep. Bob Goodlatte (R-VA) and Rep. Rick Boucher (D-VA) introduced the Internet Tax Fairness Act of 2001, a bill to make permanent the existing moratorium on multiple and discriminatory Internet taxes, and taxes on Internet access. The bill would also limit the imposition of business activity taxes (BATs) on electronic and other interstate commerce by state and local taxing authorities. The bill does not address sales taxes.
Reps. Goodlatte and Boucher spoke at a press conference announcing the introduction of the bill. Rep. Boucher stated that this bill "will encourage the growth of electronic commerce by extending the moratorium on Internet taxes and by setting forth concrete guidelines for the collection of taxes by States and localities for business activities with their jurisdiction."
Congress passed the Internet Tax Freedom Act (ITFA) in 1998, creating the existing three year moratorium, which expires on October 21 of this year. The Goodlatte Boucher bill would make permanent the moratorium contained in the ITFA.
The bill would prohibit several Internet related BATs, including taxes on "The use of the Internet to create or maintain a World Wide Web site accessible by persons" in the taxing jurisdiction. The bill would also prohibit BATs on the use of an ISP, on-line service provider, internetwork communication service provider, or other Internet access service provider, or web hosting service. It would also prohibit BATs on the "use of any service provider for transmission of communications, whether by cable, satellite, radio, telecommunications, or other similar system." Also, the bill would prohibit BATs based on the "presence or use of intangible personal property ... including patents, copyrights, trademarks, logos, ... electronic or digital signals, and web pages ..."
With respect to BATs generally, the Goodlatte Boucher bill provides that no state or local taxing authority may impose a BAT unless the taxed entity "has a substantial physical presence" in the jurisdiction. The bill further prohibits BATs on the leasing or owning of property in the jurisdiction for less than 30 days, and on the assigning of employees, representatives or agents in the jurisdiction for less than 30 days. Finally, the bill prohibits BATs based on contracts, licenses, permits, loans, deposits, and securities.
Internet Caucus Hosts Debate on Internet Taxes
7/17. The Congressional Internet Caucus Advisory Committee hosted a panel debate on taxes on Internet and other remote sales, business activity taxes, and the existing moratorium on new and discriminatory Internet taxes and Internet access taxes.
Rep. Goodlatte, who is a Co-Chair of the Internet Caucus, called for a permanent extension of the existing moratorium, and legislation regarding business activity taxes (BATs). Rep. Spencer Bachus (R-AL) advocated Congressional legislation permitting state and local sales taxes on remote sales, including Internet sales. He stated that "our public schools are being annihilated today because they depend on the sales tax for funding."
Currently, Quill v. North Dakota, 504 U.S. 298 (1992), provides that state and local taxing authorities are barred under the Commerce Clause from requiring remote sellers without a substantial nexus to the taxing jurisdiction to collect sales taxes for sales to persons in the jurisdiction; however, the Court added that Congress may extend such authority. Congress has passed no such legislation. However, there are several bills pending in the Congress that would provide this authority. See, for example, HR 1410 and S 512.
Two panelists at the Internet Caucus debate advocating giving state and local governments authority to tax remote sales -- Jeff DeBoer (Real Estate Roundtable) and Frank Shafroth (National Governors Association). They argued that there is currently an unlevel playing field that favors Internet retailers and other remote sellers. Michael Mazerov (Center on Budget & Policy Priorities) advocated ending "abusive tax avoidance" practices by corporations with respect to BATs. Three panelists defended online commerce -- Adam Thierer (Cato Institute), Frank Julian (Federated Department Stores), and Art Rosen (Coalition for Responsible & Fair Taxation). Bill Whyman (The Precursor Group) moderated.
Adam Thierer stated, "don't blame the Internet for the problems with the sales tax." He said that local governments' tax collection problems are the fault their own tax policies. "The sales tax system in America is the most unlevel playing field you can possibly find. We play more politics with the sales tax in America than any other tax code. And the fact is, that is what is eroding the sales tax base, not the Internet." He pointed out that online sales account for less than 1% of aggregate retail sales. In contrast, state and local governments exempt from their sales taxes such things as services, agriculture, food, and clothing. He concluded that only 42% of consumption in America is subject to sales taxes.
Senate Holds Hearing on Media Concentration
7/17. The Senate Commerce Committee held a hearing on the 35% national television broadcast ownership cap and the newspaper broadcast cross ownership rule. Sen. Ernest Hollings (D-SC), the Chairman of the Committee, said in his prepared statement [PDF] that "the rules are under attack from an insatiable industry that is unsatisfied with the tremendous consolidation that has already taken place, in the courts from judges who appear to be ignoring Supreme Court precedent about the government's strong interest in preserving a 'multiplicity of information sources' in the marketplace, and, most importantly, at the FCC, from a Commission that seems intent on relaxing or eliminating many of the existing ownership rules ..."
Sen. Hollings also stated that he intents to introduce a bill, along with Sen. Daniel Inouye (D-HI) and Sen. Byron Dorgan (D-ND). "Our bill, which we may introduce today, requires FCC licensees to alert the Commission when they acquire a newspaper that creates a cross ownership situation. The FCC is then directed to review the appropriateness of the acquisition, and determine whether any action is needed to bring the licensee in compliance with the rule."
Sen. John McCain (R-AZ), the ranking Republican, did not agree. He said in his prepared statement [PDF] that "In the digital era, insight and commentary on matters of public policy will no longer be dominated by Cronkite, Brinkley, the Times and the Post. In their place have arisen CNN, CNBC, MSNBC, Salon, Wired, Slashdot and innumerable other sources of information and news. This new mass media market is dominated, not by broadcasters and newspapers, but by multichannel mass media entities like cable TV, direct broadcast satellite TV, wireless cable, and, of course, the Internet. These new media are not only powerful economic competitors; they are also driving all forms of media to become more interactive. ... In the face of these new competitors, new technologies and new market demands, ownership restrictions on traditional media have not only become unnecessary, they have become anticompetitive."
See also, prepared testimony in PDF of witnesses: Mel Karmizan (Viacom), Jack Fuller (Tribune Publishing Company Alan Frank (Post-Newsweek Stations), William Baker (WNET), Gene Kimmelman (Consumer’s Union), and Eli Noam (Columbia Business School). Karmizan, who opposes the rules, stated that "a worldwide technological tsunami has crashed upon the world, flooding the broadcast industry with competition in unprecedented proportions. Broadcast radio now competes head-to-head with Internet radio" and "As for broadcast television, it competes directly with cable ... That service, subscribed to by nearly 70% of the country’s households, has developed into a multi-channel video programming distribution platform that not only carries hundreds of cable networks but serves as a high-speed gateway to the Internet ..." In contrast, Kimmelman argued that "consumers' interests will best be served if the Federal Communications Commission (FCC) is instructed to maintain previous media ownership rules ..."
Senate Finance Committee Delays Approval of Jordan FTA
7/17. The Senate Finance Committee met to mark up SJRes 16, approving the U.S. Vietnam Trade Agreement, and S 643, approving the U.S. Jordan Free Trade Agreement. Both agreements were negotiated by the Clinton administration. The Committee approved the Vietnam agreement, but postponed action on the Jordan FTA over disputes about labor and environmental laws.
There was no dispute that an FTA with Jordan is appropriate for political reasons. However, this FTA includes labor and environmental (L&E) paragraphs that are controversial. They provide that neither party "shall fail to effectively enforce its" L&E laws. Trade with Jordan is minimal, and neither Jordan nor the U.S. cares about the other's L&E records. Rather, the Clinton administration insisted on these provisions with the idea that this FTA would serve as a model for future FTAs. Hence, this FTA is a vehicle for debate over what future FTAs and other trade agreements should contain.
The Jordan FTA, which was signed on October 24, 2000, is also a model on intellectual property rights and electronic commerce. However, this is not controversial. The FTA addresses patents, trademarks, copyright, and enforcement of IPR. Jordan agreed to ratify and implement the WIPO's Copyright Treaty and WIPO Performances and Phonograms Treaty within two years. The FTA also provides that "each Party shall seek to refrain from: (a) deviating from its existing practice of not imposing customs duties on electronic transmissions; (b) imposing unnecessary barriers on electronic transmissions, including digitized products; and (c) impeding the supply through electronic means of services ...".
House Holds Hearing on IPR and Government R&D
7/17. The House Government Reform Committee's Technology and Procurement Policy Subcommittee held an oversight hearing titled "Toward Greater Public-Private Collaboration in Research and Development: How the Treatment of Intellectual Property Rights Is Minimizing Innovation in the Federal Government?" Subcommittee Chairman Tom Davis (R-VA) said in his opening statement that "three-fourths of the country's top 75 information technology companies will not do research for the Government, citing both difficulty in contracting with the Government and the treatment of intellectual property in R&D contracts. Thus, at the same time that Government is no longer driving technological innovation, many commercial firms that invest billions in R&D every year are refusing to do business with the Government. This has serious implications for the well being of the United States."
See, prepared testimony of witnesses: Jack Brock (General Accounting Office), Deidre Lee (Department of Defense), Eric Fygi (Department of Energy), Richard Carroll (Digital Systems Resources), Richard Kuyath (3M Corporation), and Christopher Hill (George Mason University).
Rep. Stearns Introduces Spectrum Caps Bill
7/17. Rep. Clifford Stearns (R-FL) introduced HR 2535, a bill pertaining to the amount of spectrum that may be licensed to wireless carriers. It was referred to the House Commerce Committee, of which Rep. Stearns is a member. FCC rules prohibit a single entity's interests in the licenses of broadband PCS, cellular, and SMR services from cumulatively exceeding more than 45 MHz of spectrum within the same geographic area.
Rep. Stearns stated in a release that "The current 45 MHz spectrum cap is beginning to impact innovation and competition in the wireless industry. ... The cap now works to limit competition by denying wireless providers access to open markets, thereby denying consumers the benefits that arise from additional competition, such as lower prices and innovative services. Additionally, continuation of the spectrum cap will result in the continued lag of U.S. companies behind Europe and Japan in the deployment of wireless Third Generation technologies."
Bills Introduced on Media Ownership
7/17. Sen. Ernest Hollings (D-SC), Sen. Daniel Inouye (D-HI), and Sen. Byron Dorgan (D-ND) introduced S 1189, a bill to require the FCC to amend its daily newspaper cross ownership rules. It was referred to the Senate Commerce Committee; all three are members. Sen. Hollings stated that "This legislation is necessary to stem the tide toward concentration in the broadcast and newspaper industries and force a thorough and reasoned examination of the claims that further consolidation will serve the public interest."
7/17. In contrast, Rep. Clifford Stearns (R-FL) introduced HR 2536, a bill to amend the Communications Act of 1934 to reduce restrictions on media ownership. This bill was referred to the House Commerce Committee.
Bill Would Allow Media Coverage of Courts
7/17. Rep. Steve Chabot (R-OH) and Rep. Bill Delahunt (D-MA) introduced HR 2519 a bill to allow media coverage of court proceedings. It was referred to the House Judiciary Committee.
FCC Authorizes MSS Systems in 2GHz Band
7/17. The FCC's International Bureau (IB) authorized eight new mobile satellite services (MSS) systems in the 2 GHz band. The systems will be capable of providing mobile voice, data, Internet access and other new satellite communications services. The authorizations were issued to Boeing, Celsat America, Constellation Communications Holdings, Globalstar, ICO Services, Iridium, Mobile Communications Holding, and TMI Communications.  See, FCC release.
The FCC's IB also stated that each of the "systems will be authorized to operate in an equal, 3.5 megahertz segment of spectrum in each of the 1990-2025 MHz and 2165-2200 MHz bands. ... The Bureau is delaying full implementation of the 2 GHz MSS licensing order with regard to an incremental .38 megahertz of spectrum per licensee in each band until the Commission has the opportunity to fully consider various pending proposals related to the 2 GHz frequencies."
Newly appointed FCC Commissioner Michael Copps released a separate statement praising the action.
The Cellular Telecommunications Industry Association (CTIA) is not happy. CTIA P/CEO Tom Wheeler stated that "we hope the Commission will revisit soon whether 70 MHz of spectrum needs to be locked up for this use at all." On July 12, the CTIA sent a letter [PDF] to the FCC in which it stated that "It is reasonable to expect that most – and perhaps all – of the current MSS applicants will ultimately not launch and provide service in that band. Given increasing spectrum needs for other services, the track record of underutilized MSS spectrum in other bands, the financial condition of numerous MSS companies, and the claims made by New ICO that MSS is not viable without terrestrial flexibility, the Commission should consider whether it is in the public interest to license an additional 70 MHz for MSS." See also, CTIA release.
Privacy Coalition Lobbies FTC for Stricter Privacy Enforcement
7/17. Members of the Privacy Coalition met with, and presented a letter to, FTC Chairman Timothy Muris. The letter list nine things that the group wants the FTC to do with respect to privacy. The group wants the FTC to make public more information about privacy related complaints, and FTC investigations.
The group also wants the FTC to interpret the Federal Trade Commission Act (FTCA) and FTC rules in a manner that would greatly expand its authority. First, it wants the FTC to "Increase enforcement of the Telemarketing Sales Rule and the Telephone Consumer Protection Act not only for cases of fraud but also for invasions of privacy."
The Privacy Coalition also wants the FTC to "Revise the interpretation of an "unfair and deceptive practice" and take into account the principles of Fair Information Practices when examining or endorsing industry practices, such as the NAI proposal to limit online profiling by means of a mandatory cookie or the unilateral revision of privacy policies by companies." Former FTC Chairman Robert Pitofsky expressed the opinion on several occasions that the FTC does not have this authority. However, he recommended that the Congress pass new legislation expanding its authority to regulate online privacy.
Zoellick Addresses New Trade Round and Antitrust
7/17. USTR Robert Zoellick released a statement  in which he advocated a new round of multilateral trade negotiations. Zoellick also focused on antitrust law enforcement. Bush administration officials have expressed concerns that the EU is employing antitrust enforcement, not to protect competition and benefit consumers, but to protect EU companies from non-EU competition. Zoellick's statement was diplomatic: "In competition policy, U.S. trade and antitrust authorities recognize the significance of the issue. Therefore, we are working to understand more clearly what the EU seeks, and are discussing with the EU how it can accommodate the concerns of the United States and other countries. The United States can see merit in adherence to core competition principles of transparency, non-discrimination, and procedural fairness. We also can support consultative and capacity building efforts to help countries develop modern competition policy that promotes efficient, effective, and dynamic markets."
Bush Addresses Trade Issues
7/17. Bush gave a speech in Washington DC in which he advocated free trade, trade promotion authority, and a new round of multilateral trade negotiations.
Free Trade. He stated that a goal of free trade "is to ignite a new era of global economic growth through a world trading system that is dramatically more open and more free. One of the most important objectives of my meetings with other G-7 leaders in Italy will be to secure their strong endorsement for a launch of a new round of global trade negotiations later this year."
Trade Promotion Authority. Bush stated that "one of my most important legislative priorities will be to secure from Congress trade promotion authority that five other Presidents have had -- an authority necessary so that when our United States enters into agreement, the countries with whom we've agreed to will understand we mean business. It's time for Congress to act." He also addressed the debate over inclusion of labor and environmental issues: "Legitimate concerns about labor standards, the environment, economic dislocation should be, and will be, addressed.  But we must reject a protectionism that blocks the path of prosperity for developing countries. We must reject policies that would condemn them to permanent poverty."
Bush on Cyberterrorism
7/17. President Bush also touched on cyberterrorism in his speech on world trade. He stated that "The United States and her allies will pursue a balance of world power that favors human freedom. This requires a new strategic framework that moves beyond Cold War doctrines and addresses the threats of a new century such as cyberterrorism, weapons of mass destruction, missiles in the hands of those for whom terror and blackmail are a very way of life."
NCTA Writes Report on Cable Telephony
7/17. The National Cable Telecommunications Association (NCTA) released a report [PDF] on cable telephony. See also, NCTA release. The report reviews cable companies' ongoing research and testing of Voice over Internet Protocol telephony. However, it continues that cable companies' initial forays into residential telephony have been through traditional circuit switched technology, although this technology has been updated to provide digital, rather than analog service. There are now 1.3 million cable telephony access lines.
The report continues that "only facilities based competitors are likely to provide sustainable long term competition. Such competitors are less dependent on incumbents to provide needed inputs into the provision of the competitive service. Even so, incumbent phone companies have often done much to frustrate facilities based competition. They have attempted to impose onerous interconnection terms and conditions, delayed connecting facilities, processing orders, and porting numbers, and generally placed barriers in the way of competitors."
The report also addresses the regulatory environment of cable telephony. "Cable companies have also faced difficulty in persuading regulators of the importance of promoting facilities based competition over the less viable resale and unbundled network element (UNE) competitive entry strategies envisioned by the Telecommunications Act of 1996. The reality is that it is difficult to implement a business model that relies heavily on purchasing essential inputs from one's fiercest competitor. A far more reliable approach is to make capital investments in one's own infrastructure and to decrease reliance on the ILECs as much as possible."
NCTA CEO Sachs Addresses Open Access
7/17. NCTA P/CEO Robert Sachs gave a speech at the NARUC conference in Seattle, Washington. He stated that the Telecom Act of 1996 has been a great success in spurring the deployment of broadband services over cable. See also, NCTA release.
He also addressed open access. He stated that "some of the RBOCs and large ISPs, have sought to have the government require that cable share its facilities with all ISPs. This regulatory effort has been variously known as "open access" or "forced access", or the term I prefer "government mandated access." While only a handful of the more than 30,000 local cable franchising authorities have passed ordinances to mandate access to cable's facilities, the federal courts have rejected such efforts -- invalidating mandated access ordinances in Portland, Oregon; Broward County, Florida; and, just last week, in Henrico County, Virginia."
He also stated that "States too have been skeptical -- at least twenty-three of them considered legislation in 1999 and 2000 -- but not one passed such legislation -- in fact, not one bill even made it out of committee in a single state. And NARUC, I'm pleased to say, has wisely chosen not to endorse mandated access to cable facilities. I say "wisely", because the market is addressing this issue. About a year and a half ago cable companies began to announce that they would voluntarily carry multiple ISPs ..."
People and Appointments
7/17. The Software & Information Industry Association (SIIA) announced the election of officers for the 2001 - 2002 term. Michael Morris, SVP, General Counsel and Secretary of Sun Microsystems, will be Chairman of the Board. Graham Beachum, Ch/CEO of Edge Technologies, will be Vice Chairman. Glenn Goldberg, SVP for Corporate Affairs of McGraw-Hill, will be Secretary. Daniel Cooperman, SVP, General Counsel and Secretary of Oracle, will be as Treasurer. See, release.
7/17. Microsoft name Skip Pizzi to head up a new position within its Microsoft TV Group as TV standards and regulatory affairs manager. Pizzi will be based in Washington, D.C., See, release.
7/17. Roy Bartlett joined the San Francisco office of the law firm of Covington & Burling as Of Counsel. He previously was a partner in the law firm of White & Case. He will focus on complex business litigation matters, with an emphasis on intellectual property concerns. See, C&B release [PDF].
More News
7/17. The U.S. Copyright Office (CO) published a notice in the Federal Register announcing new rules for group registration of photographs. The new regulations permit submission of groups of published images in a variety of formats as deposit copies, together with an application and filing fee. This option applies to groups of works created by an individual photographer that are published within one calendar year. The CO will accept deposits on CD-ROM in either JPEG, GIF, TIFF, or PCD formats. See, Federal Register, July 17, 2001, Vol. 66, No. 137, at Pages 37142 - 37150.
7/17. The Recording Industry Association of America (RIAA) and the International Federation of the Phonographic Industry (IFPI), released a Request for Information on Audio Fingerprinting Technologies [PDF].
7/17. The NTIA posted a reminder in its web site regarding the deadline for submitting responses to the Request for Quotations regarding the .us top level domain. The notice stated: "On June 13, NTIA issued a Request for Quotations (RFQ) for management and coordination of the usTLD. On July 16, responses to all questions received in response to this solicitation were posted as Amendment 1. On July 17, an amended answer to Question 36 in Amendment 1 was posted as Amendment 2. The RFQ as well as Amendments 1 and 2 are available at The final date for responses to the RFQ remains July 27."
7/17. The Senate Commerce Committee approved new subcommittee assignments for the Committee. The Subcommittee on Communications is chaired by Sen. Daniel Inouye (D-HI). The other Democratic members are Sens. Ernest Hollings (SC), John Kerry (MA), John Breaux (LA), John Rockefeller (WV), Byron Dorgan (ND), Ron Wyden (OR), Max Cleland (GA), Barbara Boxer (CA), John Edwards (NC), and Jean Carnahan (MO). The ranking Republican is Sen. Conrad Burns (R-MT). The other Republicans on the Subcommittee are Sens. Ted Stevens (AK), Trent Lott (MS), Kay Hutchison (TX), Olympia Snowe (ME), Sam Brownback (KS), Gordon Smith (OR), Peter Fitzgerald (IL), John Ensign (NV), and George Allen (VA).See, release.
Media Ownership Rules
7/16. Rep. Billy Tauzin (R-LA) and Rep. John Dingell (D-MI), the Chairman and ranking Democrat on the House Commerce Committee, sent a letter to members of the House of Representatives regarding the Federal Communications Commission's media cross ownership and multiple ownership rules. On July 17, the House is scheduled to vote on HR 2500, a bill to make appropriations for FY 2002 for the Departments of Commerce, State, and Justice, for the Judiciary, and related agencies. The FCC's appropriation is a part of this bill. On July 16 the House Rules Committee adopted an open rule for consideration of this bill. Rep. David Obey (D-WI) is likely to offer an amendment that would prevent the FCC from modifying its media cross ownership and multiple ownership rules.
The Senate Commerce Committee, now chaired by Sen. Ernest Hollings (D-SC), will hold a hearing on media concentration on July 17 at 9:30 AM. In addition, Sen. Hollings may introduce a bill that would prevent the FCC from eliminating ruled that limit the size of media companies until it has conducted a study of the market.
Comdisco Sells Technology Services to HP and Files Chapter 11
7/16. Comdisco announced that "it has reached a definitive agreement with Hewlett-Packard Company to sell substantially all of its Availability Solutions (Technology Services) business for $610 million." Comdisco also announced that it and its U.S. subsidiaries have filed a Chapter 11 bankruptcy petition in U.S. Bankruptcy Court (NDIll). See, Comdisco release and HP release.
Senate Committee Holds Hearing on Security Risks for e-Consumers
7/16. The Senate Commerce Committee's Science, Technology, and Space Subcommittee held a hearing on security risks for the e-consumer. Sen. Ron Wyden (D-OR), said in his prepared statement [PDF] that "Law enforcement can provide the tools to track down attackers and the consequences that will discourage them". Also, "government can encourage education and incentivize research and development of security services. Government can also facilitate information sharing that might not otherwise occur in the private sector, fostering discussions to identify the best practices that might better serve the public Internet wide." See also, prepared testimony in PDF of witnesses: Vinton Cerf (WorldCom), Harris Miller (ITAA), and Bruce Schneier (Counterpane Internet Security).
Antitrust Division Takes No Action Against Homestore
7/16. announced that it has been notified by the Department of Justice that the DOJ has concluded its inquiry into certain business activities of Homestore, and that no enforcement action is necessary. See, Homestore release.
Tegal v. Tokyo Electron
7/16. The U.S. Court of Appeals (FedCir) issued it opinion in Tegal Corp. v. Tokyo Electron, a consolidation of three appeals in patent litigation regarding plasma reactors, which are used in the fabrication of semiconductor devices. The issues on appeal included right to jury trial, invalidity for obviousness, invalidity for being anticipated, enforceability, willful infringement, and attorneys fees. The Court of Appeals vacated and remanded.
People and Appointments
7/16. Susan Creighton will join the FTC's Bureau of Competition, which handles antitrust matters. She is currently a partner in the law office of Wilson Sonsini. She focuses on intellectual property and antitrust issues. She is best known for co-authoring with Gary Reback a white paper regarding antitrust matters relating to Microsoft that preceded action by the Antitrust Division of the Department of Justice against Microsoft. She has also represented Orbitz, VISX, Lexis Nexis, and Autodesk in federal antitrust matters, and Borland and Octel in intellectual property matters.
7/16. Christopher Libertelli was named Legal Counsel to the FCC's Common Carrier Bureau Chief, Dorothy Attwood. He will focus on local competition, broadband deployment, and antitrust merger reviews. He joined the FCC in 1999. Previously, he was an associate in the Washington DC office of the law firm of Dow Lohnes & Albertson.
7/16. Stephen Crimmins joined the Washington DC and New York City offices of the law firm of Holland & Knight as a partner in its securities litigation practice. He was Deputy Chief Litigation Counsel in the SEC's Division of Enforcement until July 13, 2001. See, SEC release.
7/16. Patricia Paoletta joined the Washington DC office of the law firm of Wiley Rein & Fielding as a partner in its Communications practice. She will head the International Telecommunications Group. She was previously VP of Government Relations at Level 3 Communications. Prior to that she worked for the House Commerce Committee. Before that she worked as Director of Telecommunications Trade Policy at the Office of the U.S. Trade Representative. And before that, she worked in the Office of International Communications at the FCC. See, WRF release.
More News
7/16. The GAO released a report [PDF] titled "Department of Commerce: Status of Achieving Key Outcomes and Addressing Major Management Challenges." The report addresses, among other topics, proliferation of dual use commodities.
7/16. Napster announced that it has licensed PlayMedia Systems' AMP technology to power the secure digital music player in its new membership service. See, Napster release and PlayMedia release [PDF].

Go to News Briefs from July 11-15, 2001.