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Tech
Law Journal
News, records, and analysis of legislation,
litigation, and regulation affecting the computer, internet, communications and
information technology sectors
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Sample News Stories
(Two stories per week from the TLJ Daily
E-Mail Alert are published in the web site as samples.)
Public Citizen Urges Court to Dismiss Frivolous Jones Day Trademark
Complaint
9/19. Public Citizen and other
groups filed an
amicus curiae brief [17 pages in PDF] with the
U.S. District Court (NDIll) in
Jones Day v. BlockShopper, a trademark case. The brief urges
dismissal.
Senate Judiciary Committee Approves IP Enforcement Bill
9/11. The Senate Judiciary
Committee (SJC) amended and approved S 3325
[LOC
|
WW], the "Enforcement of Intellectual Property Rights
Act". The SJC approved a
manager's amendment [15 pages in PDF]
offered by Sen. Leahy, an
amendment [1 page in PDF] offered by Sen. Charles Grassley (R-IA), and a
second amendment [2 pages in PDF] offered by Sen. Grassley. See also,
S 3325 as introduced in PDF, for page numbers referred to by
amendments.
Judge Sullivan Denies Several of Sen. Stevens' Pre-Trial
Motions
9/10. The U.S. District Court
(DC) held a pre-trial hearing on numerous defense and prosecution
motions in US v. Stevens. Judge Sullivan ruled against the
defense on key motions, and postponed decisions on others. The defense
made some minor progress in obtaining commitments from the prosecution
on pre-trial discovery issues.
Comcast Files Petition for Review
of FCC's Network Management Practices Order
9/4. Comcast filed with the
U.S. Court of Appeals (DCCir) a
pleading titled "Petition For Review And, In the Alternative, Notice Of Appeal".
It challenges the Federal Communications Commission's (FCC) August 1, 2008, order asserting
authority to regulate the network management practices of Comcast and other
broadband internet access providers.
Department of Commerce Announces National Medal of Technology Awards
8/25. The Department of Commerce (DOC) announced the 2007 winners of
the National Medal of
Technology and Innovation (NMTI). See,
release.
FCC Releases NPRM on Wireless Microphones Operating in 700 MHz
Band
8/21. The Federal Communications Commission (FCC) released a
Notice of Proposed Rulemaking and Order [24 pages in PDF] regarding
"broadcast low power auxiliary stations" operating in the 700 MHz band, such as
wireless microphones. This spectrum is currently occupied by television broadcasters as TV
Channels 52-69, but is to be reassigned to commercial and public safety
wireless operations. The FCC proposes to prohibit such use.
9th Circuit Holds eBay Sale Does Not Create Personal Jurisdiction Over
Out of State Seller
8/20. The U.S. Court of
Appeals (9thCir) issued its
opinion [20 pages in PDF] in Boschetto v. Hansing, holding
that selling an item on the eBay auction site does not confer personal
jurisdiction over an out of state seller in the state of the purchaser.
Federal Circuit Addresses Open Source Copyright Licenses
8/13. The U.S. Court of
Appeals (FedCir) issued its
opinion
[16 pages in PDF] in Jacobsen v. Katzer, a copyright case
involving the ability of a copyright holder to dedicate certain work to
free public use and yet enforce an open source copyright license to
control the future distribution and modification of that work.
Tiffany Appeals in Case
Regarding eBay Auctions of Counterfeits
8/11. Tiffany announced in a
release
that it has filed an appeal with the U.S.
Court of Appeals (2ndCir) of the judgment of the
U.S. District Court (SDNY) in
Tiffany v. eBay, a trademark case.
2nd Circuit Reverses in Remote
Storage DVR Copyright Case
8/4. The U.S. Court of Appeals
(2ndCir) issued its
opinion
[44 pages in PDF] in Cartoon Network v. CSC Holdings, reversing
the judgment of the District Court, and holding that CSC's Remote Storage
Digital Video Recorder (RS-DVR) system does not violate the
Copyright Act by infringing plaintiffs' exclusive rights of reproduction and
public performance.
Devices That Interfere With Cable
TV's Pay Per View Billing Violate Both DMCA and Section 553
8/4. The U.S. Court of Appeals
(1stCir) issued its
opinion in Coxcom v. Chafee, affirming the summary
judgment of the District Court for a cable television company against
sellers of electronic devices that prevented the cable company from
receiving pay per view billing information from subscribers' set top
boxes.
FCC Asserts Authority to Regulate Network Management Practices
8/1. The Federal Communications
Commission (FCC) announced that it adopted an order asserting
adjudicatory authority to enforce its
policy statement [3 pages in PDF] of August 5, 2005, and to regulate
the network management practices of broadband service provides. This order, which has not been released, pertains
to Comcast's management of certain peer to peer traffic.
Bush Amends Executive Order 12333
7/31. President Bush signed a
document titled "Executive Order: Further
Amendments to Executive Order 12333, United States Intelligence Activities".
FCC Approves XM Sirius Merger
7/25. The Federal Communications
Commission (FCC) issued a short release on Friday night, July 25,
2008, announcing the FCC's "approval of the XM-Sirius Merger this
evening by a 3-2 vote".
3rd Circuit Holds COPA Unconstitutional
7/22. The U.S. Court of Appeals
(3rdCir) issued its
opinion [57
pages in PDF] in ACLU v. Mukasey, a long running challenge
to the constitutionality of the
Child
Online Protection Act (COPA), which is codified at
47 U.S.C. § 231. The Court of Appeals affirmed the judgment of the
District Court, which held that the COPA facially violates the First and
Fifth Amendments of the Constitution, and permanently enjoined enforcement
of the COPA.
See also:
• Top Stories from
2008.
• Top Stories from
2007.
• Top Stories from
2006.
• Top Stories from
2005.
• Top Stories from
2004.
• Top Stories from
2003.
• Top Stories from
2002.
Sample Back Issues of the Daily E-Mail
Alert
(Back issues are not published in the web site
until 60 days after original publication in the TLJ Daily E-Mail
Alert.)
Alert
No. 1,800, Friday, July 25.
Alert
No. 1,799, Thursday, July 24.
Alert
No. 1,798, Wednesday, July 23.
Alert
No. 1,797, Tuesday, July 22.
Alert
No. 1,796, Monday, July 21.
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2006
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July 26-31 |
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Oct 1-5 |
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2005
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Jan 26-31 |
Feb 1-5 |
Feb 6-10 |
Feb 11-15 |
Feb 16-20 |
Feb 21-25 |
Feb 26-28 |
March 1-5 |
March 6-10 |
March 11-15 |
March 16-20 |
March 21-25 |
March 26-31 |
April 1-5 |
April 6-10 |
April 11-15 |
April 16-20 |
April 21-25 |
April 26-30 |
May 1-5 |
May 6-10 |
May 11-15 |
May 16-20 |
May 21-25 |
May 26-31 |
June 1-5 |
June 6-10 |
June 11-15 |
June 16-20 |
June 21-25 |
June 26-30 |
July 1-5 |
July 6-10 |
July 11-15 |
July 16-20 |
July 21-25 |
July 26-31 |
Aug 1-5 |
Aug 6-10 |
Aug 11-15 |
Aug 16-20 |
Aug 21-25 |
Aug 26-31 |
Sept 1-5 |
Sept 6-10 |
Sept 11-15 |
Sept 16-20 |
Sept 21-25 |
Sept 26-30 |
Oct 1-5 |
Oct 6-10 |
Oct 11-15 |
Oct 16-20 |
Oct 21-25 |
Oct 26-31 |
Nov 1-5 |
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2004
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April 26-30 |
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May 6-10 |
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July 6-10 |
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July 16-20 |
July 21-25 |
July 26-31 |
Aug 1-5 |
Aug 6-10 |
Aug 11-15 |
Aug 16-20 |
Aug 21-25 |
Aug 26-31 |
Sept 1-5 |
Sept 6-10 |
Sept 11-15 |
Sept 16-20 |
Sept 21-25 |
Sept 26-30 |
Oct 1-5 |
Oct 6-10 |
Oct 11-15 |
Oct 16-20 |
Oct 21-25 |
Oct 26-31 |
Nov 1-5 |
Nov 6-10 |
Nov 11-15 |
Nov 16-20 |
Nov 21-25 |
Nov 26-30 |
Dec 1-5 |
Dec 6-10 |
Dec 11-15 |
Dec 16-20 |
Dec 21-25 |
Dec 26-31
2003
Jan 1-5 |
Jan 6-10 |
Jan 11-15 |
Jan 16-20 |
Jan 21-25 |
Feb 1-5 |
Feb 6-10 |
Feb 11-15 |
Feb 16-20 |
Feb 21-25 |
Feb 26-28 |
March 1-5 |
March 6-10 |
March 11-15 |
March 16-20 |
March 21-25 |
March 26-31 |
April 1-5 |
April 6-10 |
April 11-15 |
April 16-20 |
April 21-25 |
April 26-30 |
May 1-5 |
May 6-10 |
May 11-15 |
May 16-20 |
May 21-25 |
May 26-30 |
June 1-5 |
June 6-10 |
June 11-15 |
June 16-20 |
June 21-25 |
June 26-30 |
July 1-5 |
July 6-10 |
July 11-15 |
July 16-20 |
July 21-25 |
July 26-31 |
Aug 1-5 |
Aug 6-10 |
Aug 11-15 |
Aug 16-20 |
Aug 21-25 |
Aug 26-31 |
Sept 1-5 |
Sept 6-10 |
Sept 11-15 |
Sept 16-20 |
Sept 21-25 |
Sept 26-30 |
Oct 1-5 |
Oct 6-10 |
Oct 11-15 |
Oct 16-20 |
Oct 21-25 |
Oct 26-31 |
Nov 1-5 |
Nov 6-10 |
Nov 11-15 |
Nov 16-20 |
Nov 21-25 |
Nov 26-30 |
Dec 1-5 |
Dec 6-10 |
Dec 11-15 |
Dec 16-20 |
Dec 21-25 |
Dec 26-31
2002
Jan 1-5 |
Jan 6-10 |
Jan 11-15 |
Jan 16-20 |
Jan 21-25 |
Jan 26-31 |
Feb 1-5 |
Feb 6-10 |
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Feb 16-20 |
Feb 21-25 |
Feb 26-28 |
March 1-5 |
March 6-10 |
March 11-15 |
March 16-20 |
March 21-25 |
April 1-5 |
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April 11-15 |
April 16-20 |
April 21-25 |
April 26-30 |
May 1-5 |
May 6-10 |
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May 16-20 |
May 21-25 |
May 26-31 |
June 1-5 |
June 6-10 |
June 11-15 |
June 16-20 |
June 21-25 |
June 26-30 |
July 1-5 |
July 6-10 |
July 11-15 |
July 16-20 |
July 21-25 |
July 26-31 |
Aug 1-5 |
Aug 6-10 |
Aug 11-15 |
Aug 16-20 |
Aug 21-25 |
Aug 26-31 |
Sept 1-5 |
Sept 6-10 |
Sept 11-15 |
Sept 16-20 |
Sept 21-25 |
Sept 26-30 |
Oct 1-5 |
Oct 6-10 |
Oct 11-15 |
Oct 16-20 |
Oct 21-25 |
Oct 26-31 |
Nov 1-5 |
Nov 6-10 |
Nov 11-15 |
Nov 16-20 |
Nov 21-25 |
Nov 26-30 |
Dec 1-5 |
Dec 6-10 |
Dec 11-15 |
Dec 16-20 |
Dec 21-25 |
Dec 26-31
2001
Jan. 1-10 |
Jan 11-20 |
Jan 21-31 |
Feb 1-5 |
Feb 6-10 |
Feb 11-15 |
Feb 16-20 |
Feb 21-25 |
Feb 26-28 |
Mar 1-5 |
Mar 6-10 |
Mar 11-15 |
Mar 16-20 |
Mar 21-25 |
Mar 26-31 |
Apr 1-5 |
Apr 6-10 |
Apr 11-15 |
Apr 16-20 |
Apr 21-25 |
Apr 26-30 |
May 1-5 |
May 6-10 |
May 11-15 |
May 16-20 |
May 21-25 |
May 26-31 |
June 1-5 |
June 6-10 |
June 11-15 |
June 16-20 |
June 21-25 |
June 26-30 |
July 1-5 |
July 6-10 |
July 11-15 |
July 16-20 |
July 21-25 |
July 26-31 |
Aug 1-5 |
Aug 6-10 |
Aug 11-15 |
Aug 16-20 |
Aug 21-25 |
Aug 26-31 |
Sept 1-5 |
Sept 6-10 |
Sept 11-15 |
Sept 16-20 |
Sept 21-25 |
Sept 26-30 |
Oct 1-5 |
Oct 6-10 |
Oct 11-15 |
Oct 16-20 |
Oct 21-25 |
Oct 26-31 |
Nov 1-5 |
Nov 6-10 |
Nov 11-15 |
Nov 16-20 |
Nov 21-25 |
Nov 26-30 |
Dec 1-5 |
Dec 6-10 |
Dec 11-15 |
Dec 16-20 |
Dec 21-25 |
Dec 26-31
See also, hyperlinks to earlier
News By Date.
About Tech Law Journal
Tech Law Journal covers legal, legislative, and regulatory issues
affecting the computer, Internet, information, and communications
industries. This includes legislation pending in the U.S. Congress,
litigation and court opinions, and the activities of relevant
federal departments, agencies, and commissions, including the FCC,
FTC, NTIA, and DOJ Antitrust Division.
The web site has been continuously published since March of 1998.
The TLJ Daily E-Mail Alert has been published since August of 2000.
Tech Law Journal is an independent, for profit, news publishing
business located in Washington DC. There is no affiliation with any
other publisher, company, interest group, political party, or other
political entity.
For information about subscriptions, see
subscription information
page.
Tech Law Journal now accepts
payment
by credit card.
Tech Law Journal is published by
David
Carney.
202-364-8882.
P.O. Box 4851, Washington DC, 20008.
Recent Headlines
from the Daily E-Mail Alert
Alert No. 1,863, Tuesday, November 25.
• FTC Files Cert Petition in FTC v. Rambus
• NTIA Seeks Members for Online Safety and Technology Working
Group
• Obama Announces Economic Team
Alert No. 1,862, Monday, November 24.
• FCC Files Petition for Writ of Certiorari in Broadcast Breast
Case
• Update on Greenberg v. National Geographic Society
• Senate Passes Bill to Allow Select
Analog Broadcasts for 30 Days After DTV Transition
• Tate Discusses Advertising Issues
Alert No. 1,861, Friday, November 21.
• MacArthur Foundation Study Finds Youth Use of Online Spaces is
Valuable
• Obama Picks Greg Craig to Be White House Counsel
• More Obama Appointments
• Rep. Boehner Criticizes Selection of Rep. Waxman to Chair Commerce
Committee
• Congress Considers Protection of U.S. Auto Makers
• WTO's Lamy Analyzes Economics and Politics of Trade
• Bush Warns Against Protectionism at APEC Conference
• Paulson Argues That Financial Reforms Should Include Free Trade
and Open Investment
Alert No. 1,860, Thursday, November 20.
• Dingell Deposed by Waxman
• Rep. Waxman's Record on Technology and Communications Issues
• House Commerce Committee Democrats Write EPA Regarding E-Waste
• PFF Paper Addresses Kafkaesque Cable Regulation at FCC
Alert No. 1,859, Wednesday, November 19.
• FCC Commission Tate Addresses NARUC Convention
• Cato Paper Argues Against Network Neutrality Legislation
• Cuban Rebuts Some SEC Allegations
• ITIF Releases State New Economy Index
Alert No. 1,858, Tuesday, November 18.
• FTC Sues Seller of Spyware Software and Services
• SEC Charges Mark Cuban with Insider Trading
• Treasury & FRB Publish Internet Gambling Rules
• Supreme Court Denies Cert in Doe v. MySpace
Alert No. 1,857, Monday, November 17.
• Supreme Court Takes Challenge to McCain Feingold
• Fed Vice Chairman Addresses IT, Innovation and Booms and Busts
in Tech and Financial Sectors
• Update on Capitol Records v. Thomas
• 10th Circuit Considers Chevron/BrandX Deference
Alert No. 1,856, Wednesday, November 12.
• FCC Sets Comment Deadlines for Intercarrier Compensation and
Universal Service FNPRM
• NCTA Complains Regarding FCC Letters of Inquiry
Alert No. 1,855, Tuesday, November 11.
• DOJ Brings and Settles Criminal Price Fixing
Actions Against LCD Makers
• 4th Circuit Rejects Rep. Jefferson's Speech or Debate Clause
Appeal
• Former Intel Employee Indicted for Theft of Trade Secrets
• Counterfeit DVD Sellers Indicted
• Verizon Employee Sentenced on Internet Child Porn Charges
• More Online Porm Cases
• Hacking Computer Systems
• Other Tech Crimes
Alert No. 1,854, Monday, November 10.
• 5th Circuit Addresses Damages Available for Violation of
Privacy Act
• Copyright Office Releases Interim Section 115 Digital Phonorecord
Delivery Regulation
• Copyright Alliance and Others File Amicus Briefs in Remote
Storage DVR Case
• Barnett to Leave Antitrust Division
Alert No. 1,853, Wednesday, November 5.
• FTC to Hold Hearings on IP Law
• State Prosecutors and NCMEC Enlist Craigslist
• GNI Announces Effort to Resist Government Efforts to Censor
Speech and Violate Privacy
• 9th Circuit Considers Trademark Law and First Amendment
Alert No. 1,852, Tuesday, November 4.
• Google and Yahoo Abandon Advertising Agreement Because of DOJ
Objection
• FCC Adopts White Space Order
• Supreme Court Denies Cert in Verizon Wireless FCRA Case
• DC Circuit Dismisses Cable Programmers' Petition for Review of
Viewability Order
• Supreme Court Hears Oral Argument in Fleeting Expletives Case
Alert No. 1,851, Monday, November 3.
• 2nd Circuit Affirms Dismissal of TCPA Fax Case
• District Court Issues Another Order Regarding Surveillance Records
FOIA Action
• DC Circuit Dismisses in Core v. FCC
Alert No. 1,850, Thursday, October 30.
• Federal Circuit Curtails Business Method Patents
Alert No. 1,849, Wednesday, October 29.
• FTC to Hold Series of Hearings on Resale Price Maintenance
• Rep. Barton Urges DOJ to Investigate Both Competition and Privacy
Issues in Google Yahoo Review
• FCC Seeks Dismissal of Petitions for Review of XM Sirius Orders
• 9th Circuit Dismisses Interlocutory Appeal of Order
Regarding Inadvertently Disclosed E-Mail
Alert No. 1,848, Tuesday, October 28.
• Jury Returns Guilty Verdict in Sen. Stevens' Case
• 6th Circuit Opinion Impacts Internet Wine Sales
• GAO Reports on Regulation of Export of Semiconductor Equipment
to PR China
Alert No. 1,847, Monday, October 27.
• FCC Adopts VOIP 911 Rules
• Rep. Dingell Writes FCC Regarding Unlicensed Devices in the White
Space
• Broadcasters Seek Delay in White Space Proceeding
• Federal Circuit Rules Antitrust and Patent Case
Alert No. 1,846, Wednesday, October 22.
• DHS Releases New No Fly List Rules
• Reps. Eshoo and Deal Write FCC and NTIA Re Quiet Period
• CDT Reports on Privacy Features of Web Browsers
Alert No. 1,845, Tuesday, October 21.
• DOJ Issues Business Review Letter to RFID Consortium Re Patent
Licensing
• FTC Authorizes Rambus to Receive Withheld Royalties
• GAO Reports on Personal Identifying Information in Electronic
Public Records
• Tate Discusses Benefits of Network Management Practices
• Paulson Discusses Trade with PR China
Alert No. 1,844, Thursday, October 16.
• Bush Discusses Trade Bills
• FCC Releases White Space Report
• Adelstein Addresses Child Obesity and Restricting Interactive
Ads Targeting Children
• FCC Releases Order On Program Carriage Complaints
See also, headlines from:
• July -
November, 2008.
•
January - June, 2008.
•
July - December, 2007.
•
January - June, 2007.
•
July - December, 2006.
•
January - June, 2006.
•
July - December, 2005.
•
January - June, 2005.
•
July - December, 2004.
•
January - June, 2004.
•
July - December, 2003.
•
January - June, 2003.
•
July - December, 2002.
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