Top Stories from 2008

FCC Releases Details of 700 MHz Auction
3/21. The Federal Communications Commission (FCC) released details regarding the winning bidders in Auction 73, which is also known as the 700 MHz auction. Verizon Wireless (VW) and AT&T dominated the winning bids. AT&T's winning bids totaled over $6 Billion. VW's winning bids totaled more than $9 Billion. All bids totaled over $19 Billion. However, T-Mobile and Sprint-Nextel acquired spectrum in Auction 66 in 2006, which is also known as the AWS-1 auction.

8th Circuit Affirms Injunction of State Regulation of Violent Video Games
3/17. The U.S. Court of Appeals (8thCir) issued its opinion [8 pages in PDF] in Entertainment Software Association v. Swanson, affirming the District Court's permanent injunction against enforcement of a statute of the state of Minnesota that prohibits minors from purchasing or renting certain video games.

7th Circuit Applies Section 230 Immunity in Craigslist Case
3/14. The U.S. Court of Appeals (7thCir) issued its opinion [10 pages in PDF] in Chicago Lawyers v. Craigslist, a Section 230 interactive computer service immunity case. The Court of Appeals affirmed the summary judgment of the District Court for Craigslist on Section 230 grounds.

DOJ Inspector General Releases Second Report on FBI Misuse of National Security Letters
3/13. The Department of Justice's (DOJ) Office of the Inspector General (OIG) released a report [187 pages in PDF] titled "A Review of the FBI’s Use of National Security Letters: Assessment of Corrective Actions and Examination of NSL Usage in 2006".

Martin Discusses Complaints Against Comcast and Verizon Wireless
3/7. Federal Communications Commission (FCC) Chairman Kevin Martin gave a speech at Stanford University's law school. He discussed open wireless platforms, quantifying broadband deployment, network neutrality, the pending complaint against Comcast, the pending complaint against Verizon Wireless, and VOIP patent litigation. Martin spoke harsh words about Comcast's network management practices, which affect consumers' use of BitTorrent. In contrast, he distinguished the petition against VW regarding blocking of certain text messages on the basis that VW promptly changed its practice.

House Subcommittee Amends PRO-IP Act
3/6. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual Property (SCIIP) amended and approved HR 4279 [LOC | WW | PDF], the "Prioritizing Resources and Organization for Intellectual Property Act of 2007", also known as the PRO IP Act. The Subcommittee approved an managers' amendment [3 pages in PDF], and then the bill as amended.

EC Demands More Money From Microsoft
2/27. The European Commission (EC) demanded more money from Microsoft. This time, it wants 899 Million Euros. The EC again asserted that Microsoft is violating European competition laws.

Bush Nominates Members of New Privacy and Civil Liberties Oversight Board
2/27. President Bush nominated Daniel Sutherland, Ronald Rotunda, and Francis Taylor to be members of the recently reconstituted Privacy and Civil Liberties Oversight Board (PCLOB). See, White House release and release.

Supreme Court Affirms in Rowe v. New Hampshire Motor Transport Association
2/20. The Supreme Court issued its unanimous opinion [17 pages in PDF] in Rowe v. New Hampshire Motor Transport Association affirming the judgment of the Court of Appeals. This opinion will have the effect of limiting state regulation of electronic commerce.

Supreme Court Denies Cert in ACLU v. NSA
2/19. The Supreme Court denied certiorari in ACLU v. NSA, a case regarding warrantless surveillance. See, Orders List [36 pages in PDF] at page 5. This lets stand the July 6, 2007, opinion of the U.S. Court of Appeals (6thCir).

Senate Passes Its FISA Bill, While House Rejects 21 Day Extension Bill
2/13. On February 12, 2008, the Senate passed its Foreign Intelligence Surveillance Act (FISA) reform bill (S 2248). On Wednesday, February 13, 2008, the House rejected a bill (HR 5349) to extend the Protect America Act (PAA) for another 21 days. The PAA is set to expire on Saturday, February 15, 2008. The Senate approved S 2248 [LOC | WW], the "Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007". The vote was 68-29. All of the votes against S 2248 were cast by Democrats. All of the votes in favor of Sen. Chris Dodd's (D-CT) amendment (Amendment No. 3907) to delete the immunity title, which failed, were cast by Democrats. See, Roll Call No. 20.

Rep. Markey Introduces Network Neutrality Bill
2/13. Rep. Ed Markey (D-MA) and Rep. Chip Pickering (R-MS) introduced HR 5353 [LOC | WW], the "Internet Freedom Preservation Act of 2008", a bill pertaining to network neutrality.

Bush Administration Opposes Senate Version of Patent Reform Act
2/4. Nathaniel Wienecke, of the Department of Commerce, sent a letter [6 pages in PDF] to Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC), and the other members of the SJC, announcing and explaining the Bush administration's strong opposition to S 1145 [LOC | WW], the "Patent Reform Act of 2007", in its current form.

FCC Releases Report on Wireless Competition
2/4. The Federal Communications Commission (FCC) released a report [pages in PDF] titled "Twelfth Report". This is the FCC's annual report to the Congress on the state of competition Commercial Mobile Radio Services (CMRS) industry. The report concludes that "there is effective competition in the CMRS market".

FCC Releases Three NPRMs Regarding Universal Service Subsidies
1/29. The Federal Communications Commission (FCC) announced and released three Notices of Proposed Rulemaking (NPRMs) relating to reforming its subsidy program know as the universal service high cost support program.

10th Circuit Addresses Personal Jurisdiction in Copyright DJ Actions Following DMCA Take Down Notices
1/28. The U.S. Court of Appeals (10thCir) issued its opinion [36 pages in PDF] in Dudnikov v. Chalk & Vermilion Fine Arts, a copyright declaratory judgment action. The Court of Appeals reversed the judgment of the District Court, which had dismissed the complaint for lack of personal jurisdiction.

FTC Seeks Contempt Order Against MySpace Page Jackers
1/23. The Federal Trade Commission (FTC) filed a civil contempt motion [3 pages in PDF] and memorandum in support [30 pages in PDF] in U.S. District Court (DNH) in FTC v. Odysseus Marketing and Walter Rines, alleging violation of a previously issued permanent injunction that bars defendants and others from employing a deceptive online advertising scheme that page jacks MySpace web pages, and then mouse traps internet users who visit page jacked pages.

Supreme Court Requests Solicitor General Brief in Telecom Antitrust Case
1/22. The Supreme Court issued an order asking the Department of Justice's (DOJ) Office of the Solicitor General (OSG) to submit an amicus curiae brief in Pacific Bell v. Linkline. The U.S. Court of Appeals (9thCir) issued its divided opinion [22 pages in PDF] on September 11, 2007.

MySpace and State AGs Sign Document Regarding Online Safety
1/16. MySpace, which is owned by News Corporation, and most state Attorneys General entered into and released a document [12 pages in PDF] on January 14, 2008, titled "Joint Statement on Key Principles of Social Networking Safety".

5th Circuit Rules No Personal Jurisdiction Over Out of State Regulator of Online Commerce
1/14. The U.S. Court of Appeals (5thCir) issued its opinion [19 pages in PDF] in Stroman Realty v. Wercinski, a case regarding state regulation of internet based commerce in timeshares, such as vacation condos. The Court of Appeals did not reach the merits of the commerce clause claim. Rather, it held that the state of Arizona's regulators cannot be sued in federal court in Texas, the location of the targeted company. This case may be of concern to internet based businesses that find themselves regulated or taxed by numerous distant state regulators. This case stands as authority for the proposition that if internet based business's constitutional or federal statutory rights are violated by distant state regulators or tax collectors, then these businesses cannot obtain personal jurisdiction over the distant regulators in their home states. On the other hand, state regulators and taxers of interstate and internet commerce may celebrate this opinion.

New York Announces Investigation of Intel
1/10. The Office of the Attorney General of the state of New York announced in a release that it has "served a wide-ranging subpoena seeking documents and information on Intel Corporation".

USTR Schwab Addresses Trade in Electronics
1/8. Susan Schwab, head of the Office of the U.S. Trade Representative (OUSTR), gave a speech [PDF] in Las Vegas, Nevada, on January 7, 2008, at the annual Consumer Electronics Show (CES) in which she advocated free trade and explained why it is important to the consumer electronics sector.

Supreme Court Grants Certiorari in Case Regarding Private Rights of Action Under Communications Act
1/4. The Supreme Court granted certiorari in Sprint Communications v. APCC Services, a case regarding private rights of action under the Communications Act for violation of FCC rules -- in this case, payphone compensation rules. See, Orders List [4 pages in PDF] at page 2-3.

DOJ Prosecutes Operators of Pump and Dump Securities Scheme Under CAN-SPAM and CFAA
1/3. The U.S. District Court (EDMich) unsealed an indictment that charges Alan M. Ralsky and ten other persons with violation of criminal prohibitions of the federal CAN SPAM Act (18 U.S.C. § 1037), violation of the federal Computer Fraud and Abuse Act (CFAA) (18 U.S.C. § 1030), and other federal crimes, but not any federal securities laws, in connection with the operation of a pump and dump securities fraud operation.