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Executive Summary: December 1, 2000
Executive Summary
Week of November 27, 2000
Privacy
Pitofsky Expects New Privacy Law
Federal Trade Commission Chairman Robert Pitofsky said that notice and choice were the two indispensable elements of any online privacy legislation, and that he expected such legislation to pass into law no matter who controls the White House next year. Pitofsky, following a luncheon speech said, in an interview, that he would not immediately resign from his position as one of five FTC commissioners even if George W. Bush ultimately were inaugurated. Although the president chooses the agency's chairman — and would presumably select either Orson Swindle or Thomas Leary, the agency's two Republican-selected commissioners — Pitofsky's term does not expire until September.
Privacy
Bennett: Privacy Bill Has Better Chance Under Bush
Sen. Robert Bennett, R-UT, said this week at a conference that projections for upcoming congressional battles on privacy are difficult to make, but that his medical privacy bill would have a better chance of passage if Texas Gov. George W. Bush were elected president. He also said that he prefers a provision involving the use of Social Security numbers for commercial and other purposes introduced by Sen. Judd Gregg, R-NH, in the Commerce, Justice, State appropriations bill pending before Congress. That provision has been criticized for giving businesses greater use of customer data. President Clinton has vowed to veto the bill if the Gregg provision is included.
Telecom
Wireless Telecom Group Urges Consumer Privacy Rules
Before technology that tracks the whereabouts of a wireless device user becomes widespread, the Cellular Telecommunications and Internet Association is urging the Federal Communications Commission to institute privacy rules governing the use of user information. "We want to see these guidelines in place before the technology hits the streets, that way consumers can rest assured that they know what they are dealing with," said Travis Larson, spokesman for CTIA, formerly the Cellular Telecommunications Industry Association. CTIA filed a request this week with the FCC, asking the agency to consider issuing rules that would require firms to tell customers what information is being collected, how it will be used and to obtain authorization before the information is disclosed or used.
Intellectual Property
Opponents, Proponents Square Off On DMCA Changes
Librarians squared off against content holders this week in discussion of possible changes to the 1998 Digital Millennium Copyright Act. Librarians said proposed modifications would prevent them from archiving copyrighted works. But content holders argued that the DMCA works just fine. The debate came in a public hearing in Washington on the DMCA before Registrar of Copyright Marybeth Peters and Gregory Rohde, assistant secretary of commerce for communications and information make recommendations to Congress on the adequacy of the act. Comments were specific to two possible changes to the act: amending section 109 to create a digital version of the "first-sale" doctrine, and amending section 117 to recognize copying as integral to the operation of the Internet.
Intellectual Property
Industry Highlights Need For Government Assistance
High-tech industry representatives concerned with intellectual property protection detailed at the Commerce Department ways that government can aid them in their fight against piracy. They made their cases to a broad panel of high-level government officials on the National Intellectual Law Enforcement Coordination Council, whose members include representatives from an array of federal departments and agencies, including Commerce, Justice, Copyright, FBI, Patent and Trademark and the office of the Trade Representative. For example, Stevan Mitchell, vice president for intellectual property policy at the Interactive Digital Software Alliance, suggested that the government group should consider including the intelligence and defense components of government in help in halting violations. He also proposed the council recommend to Congress that it lift restraints on local and state law enforcement personnel who are forced to "sit on the sidelines" under the Copyright Act.
On The Hill
Tech Community Has High Hopes For Cantwell
Hopes are high in the high-tech community that RealNetworks top marketing executive Maria Cantwell, D, will become the industry's leader in the Senate if her current lead over Sen. Slade Gorton, R-WA, holds up after the state's mandatory recount is completed on Friday. If her lead stands, Cantwell, 42, will be the first new economy executive to take a seat in the Senate. Additionally, she has congressional experience leading on high-tech issues. During her one term as the representative of the district that is headquarters to Microsoft, during 1993 and 1994, Cantwell introduced legislation to relax restrictions on encryption exports, worked on regulations to reduce software piracy and supported free trade initiatives.
Antitrust
Microsoft: Jackson's Ruling A 'Misunderstanding' Of Law
Microsoft asked the DC Circuit Court of Appeals this week to overturn district court Judge Thomas Penfield Jackson's breakup order and said that the case should be sent back to a different judge if the appeals court upholds any elements of Jackson's decision. Using harsh language against Jackson and his handling of the case in its legal brief, attorneys for Microsoft said that his decision that the software company violated the nation's laws was based on "a profound misunderstanding of the antitrust laws."
Digital Divide
NSF To Embark On A New Study
The National Science Foundation will be looking to talk with the "stakeholders" in closing the digital divide to help them craft a new study on the issue. As part of the H-1B visa bill passed in October, the NSF was mandated in 18 months to produce a study on the digital divide, even though the Commerce Department already has produced several iterations of a digital divide study titled "Falling through the Net."
White House
Clinton Appoints Trio To Grapple With Global Divide
President Clinton has appointed three crusaders against the digital divide to serve as representatives to the global Digital Opportunities Task (DOT) force. Hewlett-Packard Chairwoman and CEO Carly Fiorina, Markle Foundation President Zoe Baird and White House Special Assistant for Economic Policy Thomas Kalil have been selected to serve as U.S. members of the DOT force, a global organization created at the Group of Eight summit in July to remedy the sluggish information technology progress experienced by some countries.
- by Sharon McLoone
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