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Sample News Stories
(Two stories per week from the TLJ Daily
E-Mail Alert are also published in the web site as samples.)
Senate Approves
Media Ownership Resolution
5/15. The Senate approved, by voice vote,
SJRes 28,
which provides as follows: "Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That Congress disapproves the rule submitted
by the Federal Communications Commission relating to broadcast media ownership (Report and
Order FCC 07-216), received by Congress on February 22, 2008, and such rule shall have no
force or effect."
SEC Proposes
Rules Requiring XBRL Tagged Filings
5/14. The Securities and Exchange Commission (SEC)
adopted, but did not release, a notice of proposed rulemaking, that proposes to
change the SEC's rules to mandate over time that certain filings with the SEC be
in interactive data format. The SEC's interactive data program is currently voluntary.
See, SEC release.
House IP
Subcommittee Approves Orphan Works Bill
5/7. The House Judiciary Committee's
(HJC) Subcommittee on Courts, the Internet and Intellectual Property (SCIIP) amended
and approved HR 5889
[LOC |
WW],
the "Orphan Works Act of 2008". The Subcommittee approved by unanimous voice vote a
managers' amendment
[4 pages in PDF] offered by Rep. Howard Berman
(D-CA). Rep. Zoe Lofgren (D-CA) offered, but later
withdrew, three amendments. See,
(1,
2, and
3).
Rep. Adam Schiff (D-CA) offered, but
later withdrew, two amendments. (See,
1 and
2.) The SCIIP then approved the bill as amended, by voice vote. See also,
TLJ mark up of HR 5889, showing changes made by the managers' amendment, and
changes that would be made by each of the Lofgren and Schiff amendments.
Rep. Conyers
and Rep. Lofgren Introduce Antitrust Based Network Neutrality Bill
5/7. Rep. John Conyers (D-MI) and
Rep. Zoe Lofgren (D-CA) introduced HR 5994
[LOC |
WW |
PDF], the
"Internet Freedom and Nondiscrimination Act of 2008" This bill is very similar, but
not identical, to a bill introduced in the 109th Congress,
HR 5417 [5
pages in PDF], the "Internet Freedom and Nondiscrimination Act of 2006".
House Judiciary
Committee Approves PRO IP Act
4/30. The House Judiciary Committee (HJC) amended and
approved HR 4279 [LOC
| WW], the
"Prioritizing Resources and Organization for Intellectual Property Act of 2007" or
"PRO IP Act". The HJC revised the language regarding coordination of government
enforcement efforts, and regarding forfeiture of property used in intellectual property crimes.
The HJC approved a
managers'
amendment [PDF] by unanimous voice vote. The HJC then approved the bill as amended by
voice vote.
AOUSC Releases
Report on Title III Wiretaps in 2007
4/30. The Administrative Office of U.S. Courts (AOUSC)
released its report titled
"2007 Wiretap Report". It contains data on Title III intercepts, but not Foreign
Intelligence Surveillance Act (FISA) intercepts. It finds that "A total of 2,208
intercepts authorized by federal and state courts were completed in 2007, an increase of 20
percent compared to the number terminated in 2006."
Court of Appeals
Rules in Rambus v. FTC
4/22. The U.S. Court of Appeals (DCCir) issued
its
opinion [24 pages in PDF] in Rambus v. FTC, a antitrust case regarding
Rambus's participation in the JEDEC standards setting process and assertion of patent rights.
The Court of Appeals set aside the FTC's order concluding that Rambus violated Section 2 of
the Sherman Act and Section 5 of the FTC Act.
Supreme Court
Seeks Solicitor General Brief in Case Regarding 11th Amendment and Patents
4/21. The Supreme Court issued an order in
Biomedical Patent Management v. California Department of Health Services.
requesting the Solicitor General to file an amicus brief. At issue in this case is the ability
of states to enforce their own patents and other intellectual property rights, while as the
same time evading lawsuits for their infringement of the intellectual property rights of others.
The Supreme Court held in a string of bizarre opinions ten years ago that states have
sovereign immunity in intellectual property litigation, and that the Congress cannot abrogate
that immunity. The cert petition in the present case addresses when that immunity might be
waived.
Reps. Lofgren
and Cannon Introduce Cell Tax Fairness Act
4/15. Rep. Zoe Lofgren (D-CA),
Rep. Chris Cannon (R-UT) and others introduced
HR 5793 [LOC |
WW], the "Cell
Tax Fairness Act". This bill would impose a five year moratorium on new and discriminatory
state and local taxes on mobile services.
Bills Introduced
to Stop IRS from Taxing Employees for Work Cell Phones and Other Devices
4/14. Several bills have been introduced in the House and Senate that would remove "any
cellular telephone (or other similar telecommunications equipment)" from the enumeration
of "listed property" under Section 280F of the Internal Revenue Code. At issue is
whether the Internal Revenue Service can treat the use of cell phones and other devices paid
for by employers as income to employees, as well as record keeping and data retention
requirements imposed upon employers and employees.
11th Circuit Rules
on Web Page Meta Tags and Trademark Infringement
4/7. The U.S. Court of Appeals (11thCir)
issued its opinion
[33 pages in PDF] in North American Medical Corporation v. Axiom Worldwide, a
trademark infringement case involving the use of meta tags in the source code of web pages.
Federal Circuit
Receives Amicus Briefs Re Business Method Patents and Patentable Subject Matter
4/7. Various entities filed amicus curiae briefs with the
U.S. Court of Appeals (FedCir) in
In re Bernand Bilski and Rand Warsaw, an appeal from the
U.S. Patent and Trademark Office's (USPTO)
Board of Patent Appeals and
Interferences (BPAI), regarding patentable subject matter.
En Banc 9th
Circuit Panel Rejects Section 230 Immunity in Roommates.com Case
4/3. An en banc panel of the U.S.
Court of Appeals (9thCir) issued its 8-3
opinion [PDF] in FHCSFV v. Roommates.com, a Section 230 immunity case. The
majority held, as did the three judge panel, that an interactive computer
service, such as Roommates.com, can be held liable for the speech of users,
despite language to the contrary in Section 230. Moreover, the majority held,
the web site's search and e-mail notification functions, have no immunity.
Copyright
Office Section 108 Study Group Releases Report
3/31. The Copyright Office's (CO)
Section 108 Study Group released a
report [252 pages
in PDF] titled "The Section 108 Study Group Report". This massive report contains
a library sector wish list of exemptions to liability for copyright infringement that it
proposed to be added to
17 U.S.C. § 108. However, this list is tempered by the involvement of several well
organized copyright sectors -- especially the movie, music, and software industries. Many
other copyright interests would be harmed if the proposals in this report were enacted into
law.
FCC Order Cites
Wikipedia
3/27. The Federal Communications Commission (FCC)
released the
text
[34 pages in PDF] of an order, opinion, and notice of proposed rulemaking that,
among other things, orders direct broadcast satellite (DBS) operators to carry
each station in a local market on the same terms, including carriage of high
definition (HD) signals in HD format, if any broadcaster in the same market is
carried in HD. This order, at footnote 30, cites as an authority a
web page
in the Wikipedia web site. The FCC does not have a history of
citing and relying upon Wikipedia articles in rulemakings, adjudications, or
other administrative processes. Wikipedia states that "all information read here
is without any implied warranty of fitness for any purpose or use whatsoever".
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.)
September 2007
Alert No. 1,633, Sept. 4.
Alert No. 1,634, Sept. 5.
Alert No. 1,635, Sept. 6.
Alert No. 1,636, Sept. 7.
Alert No. 1,637, Sept. 10.
Alert No. 1,638, Sept. 11.
Alert No. 1,639, Sept. 14.
Alert No. 1,640, Sept. 17.
Alert No. 1,641, Sept. 21.
Alert No. 1,642, Sept. 22.
Alert No. 1,643, Sept. 23.
Alert No. 1,644, Sept. 24.
Alert No. 1,645, Sept. 25.
Alert No. 1,646, Sept. 26.
Alert No. 1,647, Sept. 27.
October 2008.
Alert No. 1,648, Oct. 1.
Alert No. 1,649, Oct. 2.
Alert No. 1,650, Oct. 3.
Alert No. 1,651, Oct. 8.
Alert No. 1,652, Oct. 9.
Alert No. 1,653, Oct. 10.
Alert No. 1,654, Oct. 15.
Alert No. 1,655, Oct. 16.
Alert No. 1,656, Oct. 17.
Alert No. 1,657, Oct. 18.
Alert No. 1,658, Oct. 19.
Alert No. 1,659, Oct. 22.
Alert No. 1,660, Oct. 23.
Alert No. 1,661, Oct. 24.
Alert No. 1,662, Oct. 25.
Alert No. 1,663, Oct. 26.
Alert No. 1,664, Oct. 29.
Alert No. 1,665, Oct. 30.
Alert No. 1,666, Oct. 31.
See also, links to earlier issues of the
TLJ Daily E-Mail Alert.
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2008
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2006
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2005
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March 1-5 |
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Aug 21-25 |
Aug 26-31 |
Sept 1-5 |
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Sept 11-15 |
Sept 16-20 |
Sept 21-25 |
Sept 26-30 |
Oct 1-5 |
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Oct 26-31 |
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Nov 6-10 |
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Nov 16-20 |
Nov 21-25 |
Nov 26-30 |
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Dec 16-20 |
Dec 21-25 |
Dec 26-31
2004
Jan 1-5 |
Jan 6-10 |
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Jan 21-25 |
Jan 26-31 |
Feb 1-5 |
Feb 6-10 |
Feb 11-15 |
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2003
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March 1-5 |
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2002
Jan 1-5 |
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Jan 21-25 |
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 |
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April 1-5 |
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April 21-25 |
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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
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 |
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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.
See, subscription information page.
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. 1,820, Wednesday, September 3.
FTC Amends TSR Regarding Prerecorded Messages and Call
Abandonment
CTIA Seeks Declaratory Ruling Regarding State and Local Wireless
Siting Reviews
FCC Receives Petitions for Reconsideration of IP Enabled Services
Order
NIST Withdraws 10 FIPS
Alert No. 1,819, Thursday, August 28.
FTC To Hold Public Workshop on Section 5 and Unfair Methods of
Competition
Department of Commerce Announces National Medal of Technology
Awards
Alert No. 1,818, Wednesday, August 27.
DOJ Prosecutes Botnet Seller
Alert No. 1,817, Thursday, August 21.
FCC Releases NPRM on Wireless Microphones Operating in 700
MHz Band
9th Circuit Holds eBay Sale Does Not Create Personal Jurisdiction
Over Out of State Seller
7th Circuit Considers Use of Video Surveillance Cameras
Alert No. 1,816, Wednesday, August 20.
9th Circuit Remands in Warrantless Surveillance Case
News Publishers Move to Unseal Records in AMD v. Intel
9th Circuit Rules in ADA Cases
Alert No. 1,815, Tuesday, August 19.
US, Japan and Taiwan Request WTO Panel on EU Duties on
Tech Products
Federal Circuit Affirms in Cygnus Telecommunications Patent
Case
Bush to Nominate Dempsey for Privacy and Civil Liberties
Oversight Board
Alert No. 1,814, Monday, August 18.
FCC Revises Schedule for August 22 Event
FCC Awards Authors of Papers on Media Ownership and Spectrum
Licensing
Alert No. 1,813, Thursday, August 14.
Federal Circuit Addresses Open Source Copyright Licenses
2nd Circuit Rules on Pseudonymous Plaintiffs
Doe Plaintiffs File Second Amended Complaint in AutoAdmit Case
Alert No. 1,812, Wednesday, August 13.
NAB Adopts Resolution Regarding DTV Transition Quiet Period
Tiffany Appeals in Case Regarding eBay Auctions of Counterfeits
CAP and CDT Urge State AGs to Do More to Fight Online Fraud
Georgia Sues Russia
Alert No. 1,811, Tuesday, August 12.
7th Circuit Rules in Wine Sales Case
T3 to File Antitrust Complaint Against IBM with EC
Alert No. 1,810, Monday, August 11.
Law Professors Argue for Dismissal of MySpace Section 1030
Prosecution
Groups Argue E-Mail System Hacking Violates Wiretap Act
Alert No. 1,809, Friday, August 8.
9th Circuit Rules in Peck v. Cingular
FCC Adopts Third Commercial Mobile Alert System Order
PFF and CDT File Amicus Brief in FCC Fleeting Expletives Case
Alert No. 1,808, Thursday, August 7.
DOJ Announces Cyber Crime Indictments
H1B Visas, Tech Sector Jobs, and Visa Fraud
Alert No. 1,807, Wednesday, August 6.
FCC Grants Qwest Forbearance Previously Deemed Granted to
Verizon
FCC Releases XM Sirius Merger Order
FTC's Chief Administrative Law Judge Will Leave FTC
US and Korean Presidents Urge Approval of FTA
Alert No. 1,806, Tuesday, August 5.
2nd Circuit Reverses in Remote Storage DVR Copyright Case
Devices That Interfere With Cable TV's Pay Per View Billing Violate
Both DMCA and Section 553
FCC Announces Tentative Agenda for August 22 Event
House Commerce Committee Leaders Send Interrogatories to Internet
Companies Regarding Advertising Practices
Alert No. 1,805, Monday, August 4.
FCC Asserts Authority to Regulate Network Management
Practices
FCC Approves RCC Transfers to Verizon Wireless, Subject to
Conditions
Alert No. 1,804, Thursday, July 31.
Senate Approves Section 1030 Bill
House and Senate Pass Bill that Addresses P2P Infringement at
Colleges
Alert No. 1,803, Wednesday, July 30.
Bush Amends Executive Order 12333
DOJ Violated Federal Law by Political Hiring of Career
Employees
Alert No. 1,802, Tuesday, July 29.
DC Circuit Reverses in FTC v. Whole Foods
WTO Doha Talks Fail Again
NTIA Seeks Amendment of 1090 MHz Rules
DOJ Obtains Indictment of Sen. Stevens in DC
Alert No. 1,801, Monday, July 28.
Senate Takes Up Consider Omnibus Bill with Tech Provisions
WTO Doha Talks Continue in Geneva
Trade Bills Introduced In House
Alert No. 1,800, Friday, July 25.
FCC Approves XM Sirius Merger
FCC and Comcast
FCC Denies Forbearance Petitions
Alert No. 1,799, Thursday, July 24.
Bush Extends Export Control Regime
FCC Files Brief in Judicial Challenge to Viewability Order
House Subcommittee Holds Hearing on FCC Forbearance
Procedures
Alert No. 1,798, Wednesday, July 23.
3rd Circuit Holds COPA Unconstitutional
Doha Round Trade Negotiations Continue in Geneva
EC Releases Paper and Request for Comments on Exceptions and
Limitations to Copyright
Orphan Works Bills Discussed
Alert No. 1,797, Tuesday, July 22.
3rd Circuit Overturns FCC's Breast Broadcast Fine
DOJ Obtains Guilty Pleas in E-Gold Case
Alert No. 1,796, Monday, July 21.
11th Circuit Rejects First Sale Doctrine As Defense to
Illicit Software Label Trafficking
3rd Circuit Rules on First Amendment and Video Speech
PFF Releases Media Metrics Report
Senate Appropriations Committee Approves Bill for Many Tech
Related Agencies
Alert No. 1,795, Friday, July 18.
FCC Announces Tentative Agenda for August 1 Meeting
NCTA and NCMEC Announce MOU Regarding Porn on Cable Company
Controlled Servers
Sen. Stevens Touts Bill to Give FCC Authority to Enforce Online
Porn Statutes
FRB Reports on Economy
Alert No. 1,794, Tuesday, July 15.
6th Circuit En Banc Panel Holds Warshak Case Lacks Ripeness
4th Circuit Affirms Summary Judgment for New York Times in Hatfill's
Anthrax Libel Action
9th Circuit Affirms DMCA Criminal Conviction
Alert No. 1,793, Monday, July 14.
Yahoo Rejects Latest Microsoft Proposal
GAO Reports on FCC's High Cost Subsidy Program
Treasury's McCormick Addresses Protectionism and CFIUS
WTO Releases Negotiating Texts for July 21 Doha Round Meeting
Former Hewlett Packard VP Pleads Guilty to Theft of Trade Secrets
Alert No. 1,792, Thursday, July 10.
FTC Releases Annual Report on Do Not Call Registry
Senate Passes and Bush Signs FISA Reform Bill
FCC Releases Report and Order in CMAS Proceeding
National Intellectual Property Rights Coordination Center
Dedicated
Alert No. 1,791, Wednesday, July 9.
DC Circuit Orders FCC to Explain Intercarrier Compensation
Rules for ISP Bound Traffic, Under Pain of Vacatur
Alert No. 1,790, Tuesday, July 8.
11th Circuit Affirms in CBS v. Echostar
Report Addresses Regulatory Reform in US and Japan
Federal Reserve Board's Mishkin Addresses IT and Financial Markets
See also, headlines from:
July -
September,
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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