Communications-related Headlines for 10/23/98

INTERNET
Internet Anti-smut Law Challenged as Unconstitutional (ChiTrib)
A Kind of Constitutional Convention for the Internet (CyberTimes)
ACLU Files Suit Vs. Internet Law (WP)

BROADCAST
Experimental Radio Rules Revised to Promote Innovation (FCC)
FCC Adopts New Procedures to Streamline Radio and
Television Applications (FCC)

FCC
Direct Access to Intelsat System (FCC)
F.C.C. Offers Rules Intended to Settle Wiretapping Dispute (WSJ)
FCC Proposes Rules for Cellular Wiretaps (WP)
F.C.C. Offers Rules Intended to Settle Wiretapping Dispute (NYT)

COPYRIGHT
Philips Electronics Strongly Chastised For CD Recorder (WSJ)

ADVERTISING
Teen Survey Will Help Advertisers Decipher Meanings of 'Whatever'
(NYT)

COMPETITION
Microsoft Proposal Fabricated: Attorney (ChiTrib)
Microsoft Disputes Netscape Meeting Account (NYT)
Microsoft Lawyer Spars With Netscape Chief (WP)
Netscape Details Meeting With Microsoft (WSJ)
Small Telephone Company is Victim of Credit Squeeze (NYT)

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INTERNET
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INTERNET ANTI-SMUT LAW CHALLENGED AS UNCONSTITUTIONAL (ChiTrib)
ACLU FILES SUIT VS. INTERNET LAW (WP)
Issue: Internet Regulation/First Amendment
Several groups, including the American Civil Liberties Union, filed suit
today seeking to stop enforcement of a new federal law intended to regulate
Internet pornography. The Child Online Protection Act prohibits commercial
sites from making available material "harmful to minors" free of charge.
Opponents of the new law - who's ranks include the New York Times, Time
Inc., and OBGYN.net, an on-line provider of health information for women --
argue that it would make it illegal commercial sites to post material that
may be inappropriate for children, but is constitutionally protected for
adults. With all its graphic sexual details, it would have been illegal, for
example, for for-profit sites to post the Starr Report.
[SOURCE: Chicago Tribune (Sec 1, p.3), AUTHOR: Frank James]
http://chicagotribune.com/textversion/article/0,1492,ART-17249,00.html
[SOURCE: Washington Post (WPOnline), AUTHOR: Dan Robrish (Associated Press)]
http://www.washingtonpost.com/wp-srv/WAPO/19981022/V000495-102298-idx.html

A KIND OF CONSTITUTIONAL CONVENTION FOR THE INTERNET
Issue: Internet
Legal observers are saying that the Internet Corporation for Assigned Names
and Numbers (ICANN) is a unique form of government for the global computer
network. Over the next few weeks, Government officials and representatives
from various groups will try to decide the structure and rules of the new
organization. "This is a constitutional convention in a sense," said
Jonathan Zittrain, a law professor at Harvard University and executive
director of the Berkman Center for Internet and Society, the school's
cyberspace research center. "That's why there's such great interest" in
ICANN and its birth, he said. David Post, a law professor at Temple
University who specializes in the legal issues of cyberspace, added: "If
there is going to be this one entity that has a great deal of power, you'd
have to say that the process of deciding how that power will be exercised is
constitution-making. This absolutely is a critical moment." (See draft rules
at http://www.iana.org/bylaws5.html)
[SOURCE: New York Times (CyberTimes), AUTHOR: Carl S. Kaplan
kaplanc( at )nytimes.com]
http://www.nytimes.com/library/tech/98/10/cyber/cyberlaw/23law.html

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BROADCAST
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Experimental Radio Rules Revised to Promote Innovation
Issue: Radio
From press release: The FCC has revised its Experimental Radio Service (ERS)
rules to encourage experiments; ensure that experimental licenses do not
result in abuse of FCC processes; eliminate unnecessary and burdensome
experimental regulations; and protect public safety frequencies. The
streamlined rules, adopted in a Report and Order, will make it easier for
applicants to obtain licenses tailored to their particular needs. In
addition, the FCC has made it possible for licenses to be granted for longer
terms. Finally, the FCC rules will allow schools to hold experimental
licenses, as individual students may do now.
[SOURCE: FCC]
http://www.fcc.gov/Bureaus/Engineering_Technology/News_Releases/1998/nret80
13.html

FCC Adopts New Procedures to Streamline Radio and Television Applications
Issue: Broadcast
FCC Adopts New Procedures to Streamline Radio and Television Applications;
Require Electronic Filing; Institute Random Audit Enforcement; and Improve
Ownership Data Collection. (MM Dockets 98-43, 91-140, 94-149) [News release
not yet available]
[SOURCE: FCC]
http://www.fcc.gov/Bureaus/Mass_Medial/News_Releases/1998/nrmm8034.html

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FCC
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FCC PROPOSES RULES FOR CELLULAR WIRETAPS (WP)
FCC WANTS WIRELESS COMPANIES TO MODIFY NETWORKS TO HELP POLICE TAP PHONE
CALLS (WSJ)
F.C.C. OFFERS RULES INTENDED TO SETTLE WIRETAPPING DISPUTE (NYT)
Issue: Privacy
The FCC proposed rules yesterday which will permit law enforcement groups to
tap conversations and collect data on calls in wireless systems. Law
enforcement officers will also be able to locate a suspect who is using a
mobile phone. The wireless telephone companies will have to modify their
cellular systems to allow the access. In announcing the proposed rules, the
FCC put them out for public comment until early next year. The rules are
designed to respond to the requirements of the Communications Assistance for
Law Enforcement Act of 1994. Law enforcement groups did not get all that
they had requested in the FCC proposal. The proposal was attacked for being
overly stringent by a representative for the Center for Democracy and
Technology who said, " On all the issues that mattered, the commission ruled
against privacy."
[SOURCE: Washington Post (A16), AUTHOR: Roberto Suro]
http://www.washingtonpost.com/wp-srv/washtech/fcc1023.htm
[SOURCE: Wall Street Journal (A16), AUTHOR: John Simons]
http://www.wsj.com/
[SOURCE: New York Times (CyberTimes), AUTHOR: John Markoff]
http://www.nytimes.com/yr/mo/day/news/washpol/fcc-wiretap.html

DIRECT ACCESS TO INTELSAT SYSTEM
Issue: Satellite
From news release: the Commission seeks comment on the legal, economic, and
policy ramifications of permitting direct access to the INTELSAT system in
the United States. Direct access to INTELSAT would enable U.S. carriers and
users to obtain space segment capacity directly from INTELSAT rather than
through Comsat, the U.S. Signatory to INTELSAT.
[SOURCE: FCC]
http://www.fcc.gov/Bureaus/International/News_Releases/1998/nrin8037.html

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COPYRIGHT
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PHILIPS ELECTRONICS STRONGLY CHASTISED FOR CD RECORDER (WSJ)
Issue: Copyright
The International Federation of the Phonographic Industry has attacked
Philips Electronics for producing compact disk home-recording devices
without adequate discussions with industry officials. Philips denied the
charge. The recent introduction of CD-R equipment will permit mass piracy
of CDs according to industry officials. Piracy costs the industry an
estimated $5 billion per year, largely through cassettes. Industry
officials fear that CDs may also be used for pirating with the introduction
of low cost CD recording technology. Philips plans to introduce the first
twin-deck unit in a few weeks which will allow recording directly from a
regular CD to a blank CD. The unit price is expected to be more than $600.
[SOURCE: Wall Street Journal (B7), AUTHOR: Charles Goldsmith]
http://www.wsj.com/

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ADVERTISING
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TEEN SURVEY WILL HELP ADVERTISERS DECIPHER MEANING OF 'WHATEVER'
Issue: Advertising
Researchers have embarked on a yearlong study intended to give marketers
better insight into teen attitudes and behavior. Advertisers are eager to
better understand this group of young people -- who spent an estimated $91.5
billion to $122 billion last year - and keep up with them as they grow up.
The study, conducted by Bates USA, is comprised of 32 subjects who deliver
monthly reports about their influences, values and aspirations. "And these
teens feel good about themselves and about the future," according to Janice
Figueroa, senior vice president at Bates USA. "They enjoy being teens and
think they can make a difference in the world. And they believe you can be
cool, but still be responsible." [Whatever]
[SOURCE: New York Times (C5), AUTHOR: Stuart Elliott]
http://www.nytimes.com/yr/mo/day/news/financial/teens-ad-column.html

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COMPETITION
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MICROSOFT LAWYER SPARS WITH NETSCAPE CHIEF (WP)
NETSCAPE DETAILS MEETING WITH MICROSOFT (WSJ)
MICROSOFT DISPUTES NETSCAPE MEETING ACCOUNT (NYT)
MICROSOFT PROPOSAL FABRICATED: ATTORNEY (ChiTrib)
Issue: Antitrust
"I was there. You weren't." That was Netscape Communications Chief
Executive James Barksdale on the stand Thursday in day four of the Microsoft
antitrust trial. He was responding to John Warden, a Microsoft lawyer, who
said Netscape had "invented or imagined" that Microsoft proposed illegal
collusion in a June 21, 1995 meeting. Barksdale, in his third day of
testimony, contended that Microsoft proposed to divide the Internet browser
market at the meeting with Netscape having the market for computers using
earlier versions of the Windows operating system and Microsoft having the
market for computers with the new Windows 95 software. Under the Microsoft
proposal Netscape would be permitted to write additional software which
could be used with Windows 95. Warden tried to paint Netscape as a willing
and eager participant in deal-making. Warden also charged that the whole
account had been fabricated by Netscape's Marc Andreessen who took detailed
notes during the meeting. Barksdale, the government's leadoff witness, is
scheduled to resume testimony Monday.
[SOURCE: Washington Post (A6), AUTHOR: Rajiv Chandrasekaran]
http://www.washingtonpost.com/wp-srv/business/longterm/microsoft/micro.htm
[SOURCE: Wall Street Journal (B5), AUTHOR: John R. Wilke]
http://www.wsj.com/
[SOURCE: NewYorkTimes (B1), AUTHOR: Joel Brinkley]
http://www.nytimes.com/library/tech/98/10/biztech/articles/23microsoft.html
[SOURCE: Chicago Tribune (Sec 3, p.1), AUTHOR: Andrew Zajac]
http://chicagotribune.com/textversion/article/0,1492,SAV-9810230382,00.html

SMALL TELEPHONE COMPANY IS VICTIM OF CREDIT SQUEEZE
Issue: Telephony/Competition
A small international telephone carrier, Telegroup, is beginning to feel
squeezed by the bulked up telecom giants that loom over it. With the recent
insecurity in global markets, lenders are hesitant to put out for companies
whose prospects are less than certain. Telegroup, the first major small
teleco to suffer from dried up credit, is now considering buyout offers .
[SOURCE: New York Times (C2), AUTHOR: Seth Schiesel]
http://www.nyt.com/

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