Communications-related Headlines for 10/2/98

INTERNET
Fair Taxation in Cyberspace (NYT)
Web Retailers Are Racing to Sell Videotapes (WSJ)
In Library Filtering Case, an Unusual Ally (CyberTimes)
Privacy Measure Clears Senate Panel (CyberTimes)
Healtheon Struggles in Efforts to Remedy Doctors' Paper Plague (WSJ)

INTELLECTUAL PROPERTY
Newspaper File Copyright-Infringement Suit Against Web Site (NYT)
Papers File Internet Copyright Suit (WP)

PHILANTHROPY
Counting on civic minds (ChiTrib)
Giving It Up: A User's Manual (WSJ)

RECENTLY RELEASED FCC DOCS
FCC Plans New Enforcement, Public Information Bureaus (TR Daily)
The New FCC (FCC)
Commission Suspends Requirement for Filing of EEO Forms (FCC)
Consumers First (FCC)

SATELLITE
Boeing to Pay Hefty Fine in Satellite Case (WSJ)
Deal on Network Programs Via Satellite TV Falls Apart (WSJ)
FCC Finds Unlawful Ameritech's and U S WEST's Business
Agreements with Qwest (FCC)

PUBLIC SAFETY
Public Safety Spectrum (FCC)
Safety Nets: Protecting Lives and Property in
the Information Age (NTIA)

INTERNATIONAL
Economy, would-be censors pinch Russian news media (ChiTrib)

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INTERNET
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FAIR TAXATION IN CYBERSPACE
Issue: Electronic Commerce
Loopholes in tax laws costs state and local governments about $3.5 billion a
year and that figure could rise to $10 billion within the next ten years.
Out-of-state sales -- like mail-order sales -- are technically subject to
tax, but the mail-order companies are only required to collect taxes in the
state in which they do business. "Tax policy should not discriminate against
electronic sales. But neither should the Internet be protected from taxes
that apply in other realms of commerce." The Senate will debate the Internet
Tax Freedom Act today and should resist making a moratorium on Internet
taxes too long. Existing state Internet access taxes should be allowed to
stand -- Internet commerce is thriving even with them in place and "Congress
has no good reason to truncate state taxing authority."
[SOURCE: New York Times (A26), AUTHOR: NYT Editorial Staff]
http://www.nytimes.com/yr/mo/day/editorial/02fri4.html

WEB RETAILERS ARE RACING TO SELL VIDEOTAPES
Issue: Electronic Commerce
Having created the art of selling books over the Internet, Amazon.com is
turning to videotapes. And they are not the only company setting up virtual
video stores. Reel.com, already in business on the Internet, is being
purchased by the nation's second-largest video-retail chain. Now a year old,
Reel.com is updating its Web presence to make it more attractive to
potential users. They intend to tie in online sales with rental
reservation information at the user's local store. Amazon.com recently
purchased an online database to help provide background for its Internet
site. Blockbuster, the leader in videotape rentals, has been slow to move
into Internet sales.
[SOURCE: Wall Street Journal (B1), AUTHOR: Eben Shapiro]
http://www.wsj.com/

IN LIBRARY FILTERING CASE, AN UNUSUAL ALLY
Issue: Libraries
"The display of Internet pornography in a public place does constitute
sexual harassment," said Marie-Jose Ragab, president of the Dulles, Va.,
chapter of the National Organization for Women (NOW). "It creates a hostile
work environment for the librarians" who might see pornographic images on
library terminals that do not have filtering software. The chapter of NOW
has filed a pro-filtering friend of the court brief three weeks ago in a
controversial filtering case involving the library system of Loudoun County
in Virginia. In that case, residents of Loundon County challenged the use of
filtering software because it blocked access to constitutionally protected
speech. Some expect the case to reach the Supreme Court.
[SOURCE: New York Times (CyberTimes), AUTHOR: Carl S. Kaplan
kaplanc( at )nytimes.com]
http://www.nytimes.com/library/tech/98/10/cyber/cyberlaw/02law.html

PRIVACY MEASURE CLEARS SENATE PANEL
Issue: Privacy
"This is momentous," said Deidre Mulligan of the Center for Democracy and
Technology www.cdt.org, a non-profit public interest organization based in
Washington. "This is the first time Congress is acting to say privacy online
is a new environment we need to put some rules in place. We need to start
with kids." On a voice vote, the Senate Commerce Committee passed
legislation yesterday introduced by Sen. Richard Bryan (D-Nevada) and
suggested by the Federal Trade Commission. The legislation would require
commercial websites to gain parental permission before collecting personal
information from children under 13. "The thrust of our legislation is to say
that a parent ought to have the right to make the determination off whether
that information ought to be collected," said Sen Bryan. "Young people
simply don't have the maturity and discretion to know whether that
information ought to made available."
[SOURCE: New York Times (CyberTimes), AUTHOR: Jeri Clausing jeri( at )nytimes.com]
http://www.nytimes.com/library/tech/98/10/cyber/articles/02privacy.html

HEALTHEON STRUGGLES IN EFFORTS TO REMEDY DOCTORS' PAPER PLAGUE
Issue: Health
The ambitious young firm Healtheon has promised to revolutionize medicine by
giving doctors a radical new way of keeping records on the Internet. While
physicians and office staff have been waiting months for the arrival of this
cyber cure for paperwork, Healtheon may be realizing just what a big promise
they've made. Many technology firms are eager to profit off of the $200
billion that is spent on medical record keeping each year, but with the
fragmentation and lack of standardization in medical data they are leaRning
that there are not any easy high-tech solutions to the medical-data mess.
[SOURCE: Wall Street Journal (A1), AUTHOR: George Anders]
http://wsj.com/

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INTELLECTUAL PROPERTY
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NEWSPAPERS FILE COPYRIGHT-INFRINGEMENT SUIT AGAINST WEB SITE (NYT)
PAPERS FILE INTERNET COPYRIGHT SUIT (WP)
Issue: Intellectual property
On Tuesday, The Los Angeles Times and The Washington Post filed a
potentially groundbreaking lawsuit against Free Republic, a Web site they
accuse of re-posting hundreds of articles without permission. The Free
Republic's operator Jim Robinson claims that his site's use of the articles
is protected by the First Amendment and the "fair use" doctrine of copyright
law that permits the reprinting of copyrighted work when presented in the
context of commentary. Robinson's site allows visitors to comment on any of
the articles posted. This suit may have broad implications on how copyright
protections apply in cyberspace.
[SOURCE: New York Times, Oct. (CyberTimes), AUTHOR: The Associated Press]
http://www.nytimes.com/library/tech/98/10/biztech/articles/01copyright.html
[SOURCE: Washington Post, Oct.1 (WP Online), AUTHOR: The Associated Press]
http://search.washingtonpost.com/wp-srv/WAPO/19981001/V000300-100198-idx...

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PHILANTHROPY
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COUNTING ON CIVIC MINDS
Issue: Mergers/Philantropy
Of the top 25 companies in Chicagoland, four have recently been taken over
by out-of-state companies and many civic institutions are worried about how
that will affect corporate giving and participation by corporate executives.
"They've all made public declarations at the time of these mergers that one
of the considerations would be finding a way to continue financial support,"
said Farrell L. Frentress, director of development for the Lyric Opera,
which counts Amoco, Ameritech, First Chicago and Waste Management among
major donors. "We've been assured the door is still open."
[SOURCE: Chicago Tribune (Sec 3, p.1), AUTHOR: Sallie Gaines]
http://chicagotribune.com/textversion/article/0,1492,ART-15933,00.html

GIVING IT UP: A USER'S MANUAL
Issue: Philanthropy
For would-be philanthropists, finding information about prospective
charities is a key. The Internet is making that process easier. In
addition to its Web site, the Foundation Center has libraries in New York;
Washington, D.C.; Atlanta; Cleveland and San Francisco that hold information
about thousands of charities. Their Web site at www.fdncenter.org is used
by nonprofit organizations but is also available to the general public.
Another Internet location is www.guidestar.org sponsored by Philanthropic
Research. This Web site profiles more than 600,000 nonprofits and
charities. Other sources on the Internet are www.give.org sponsored by
the National Charities Information Bureau and www.bbb.org sponsored by the
Better Business Bureau. Another good source for local information is
www.cof.org sponsored by the Council on Foundations.
[SOURCE: Wall Street Journal (W4), AUTHOR: Eileen Daspin]
http://www.wsj.com/

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RECENTLY RELEASED FCC DOCUMENTS
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FCC PLANS NEW ENFORCEMENT, PUBLIC INFORMATION BUREAUS
THE NEW FCC
Issue: FCC
In the rapidly changing world of telecommunications, the Federal
Communications Commission is planning some changes to the way it does
business as well. FCC Chairman William E. Kennard announced the formation of
two new bureaus and a committee intended to keep the commission abreast of
advances in telecommunication technology. The new Enforcement Bureau will
represent a consolidation of the enforcement staff and resources that
currently exist in each of the separate bureaus. The other new bureau,
devoted to Public Information, will be responsible for the FCC's national
call center, it's reference offices and it's Web site. Chairman Kennard
hopes that this new bureau will help to better educate consumers in dealing
with the onslaught of telecom services.
[SOURCE: TR Daily, Oct.1]
http://www.tr.com/newsletters/trd/sample.html
Chairman Kennard's Remarks before the Georgetown University Law Center
Continuing Legal Education Seminar.
[SOURCE: FCC -- Chairman Bill Kennard]
http://www.fcc.gov/Speeches/Kennard/spwek830.html

COMMISSION SUSPENDS REQUIREMENT FOR FILING OF EEO FORMS
Issue: Jobs
The Commission adopted an Order effective October 1 suspending until further
notice the requirement that television and radio broadcast licensees and
permittees submit Broadcast Station Annual Employment Reports (FCC Form
395-B), and Broadcast Equal Employment Opportunity Program Reports (Form
396), and Broadcast EEO Model Program Reports (396- A). The Commission
stated that in view of the denial by the U.S. Court of Appeals for the D.C.
Circuit of the Commission's request for rehearing of Lutheran Church -
Missouri Synod v. FCC, this action is advisable while the Commission
considers adoption of new EEO rules that address concerns of the Court.
Because the Lutheran Church decision involves broadcasters only, all other
services remain unaffected and must continue to file their reports with the
Commission. For additional information, interested parties may contact the
EEO Branch of the Commission's Mass Media Bureau at (202) 418-1450.
[SOURCE: FCC]
http://www.fcc.gov/Bureaus/Mass_Media/News_Releases/1998/nrmm8031.html

FCC FINDS UNLAWFUL AMERITECH'S AND US WEST'S BUSINESS AGREEMENTS WITH QWEST
Issue: Long Distance
The Commission September 28 ruled that business agreements entered into by
Ameritech Corp. and US WEST Communications, Inc. violate the Communications
Act by enabling the companies to provide long distance service to their
local customers prior to demonstrating that their local telephone markets
are open to competition. The Commission's decision resolves complaints to
the FCC concerning the lawfulness of two separate business agreements
between Ameritech and Qwest Communications Corp. and between U S WEST and
Qwest. The agreements resulted in both Ameritech and U S WEST providing,
under their own brand names, a package of services, that includes Qwest's
long distance service, before gaining authorization to provide in-region
long distance service. Today's decision requires Ameritech and U S WEST to
cease offering Qwest's long distance service as part of the companies'
CompleteAccess and Buyer's Advantage programs, respectively. This decision
does not upset the specific long distance offering available to consumers
through these programs; indeed, Qwest may still independently offer its long
distance service to consumers at the same prices available through Ameritech
and U S WEST. Rather, today's decision preserves the incentive for Ameritech
and U S WEST to open their local markets to competition, and ensures that
customers of those companies will eventually be able to choose between
multiple telecommunications providers and service offerings.
[SOURCE: FCC]
http://www.fcc.gov/Bureaus/Common_Carrier/News_Releases/1998/nrcc8067.html

CONSUMERS FIRST
Issue: Consumers/Telephone
Commissioner Ness' speech to the Consumer Federation of America Utility
Conference. Issues include local competition, mergers, slamming and
cramming, and privacy.
[SOURCE: FCC -- Commissioner Susan Ness]
http://www.fcc.gov/Speeches/Ness/spsn816.html

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SATELLITE
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BOEING TO PAY HEFTY FINE IN SATELLITE CASE
Issue: Satellite
The Boeing Company will pay a record $10 million fine for violations of the
Arms Export Control Act. In return the federal government has restored
Boeing's export license to continue work on the Sea Launch Project with
Russia and Ukraine to launch commercial satellites from a converted oil rig
in the Pacific Ocean. The State Department found that Boeing had committed
207 technical violations but had not disclosed any classified information.
Due to a separate incident involving Loral Space and Communications, the
Congress recently voted to toughen export controls on military technology.
[SOURCE: Wall Street Journal (B2), AUTHOR: Frederic M. Biddle]
http://www.wsj.com/

DEAL ON NETWORK PROGRAMS VIA SATELLITE TV FALLS APART
Issue: Satellite TV
A Senate compromise to avert the shutdown of some satellite television
services failed when broadcast and other industry representatives failed to
support it. The law currently does not allow satellite TV companies to
carry network broadcasts because of possible competition with local network
affiliates. The Senate bill would have allowed carriage until February 28
and would have required the FCC to adopt new rules by that date.
[SOURCE: Wall Street Journal (A16), AUTHOR: Dow Jones Newswires]
http://www.wsj.com/

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PUBLIC SAFETY
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PUBLIC SAFETY SPECTRUM
Issue: Spectrum
Commission Establishes Band Plan and Adopts Service Rules Necessary to Begin
the Licensing Proceess in the Newly Reallocated Public Safety Spectrum (FCC
98-191, WT Docket No. 96-86). From the introduction: As stated in the Final
Report of the Public Safety Wireless Advisory Committee (PSWAC), "[n]o
responsibility is more fundamental and reflective of the Nation's values
than that of its public safety agencies." In this combined First Report and
Order and Third Notice of Proposed Rule Making (hereinafter First Report
and/or Third Notice, as applicable), we recognize this fundamental
responsibility, and take additional steps toward achieving our goal of
developing a flexible regulatory framework to meet vital current and future
public safety communications needs. We also strive to ensure that sufficient
spectrum to accommodate efficient, effective telecommunications facilities
and services will be available to satisfy public safety communications needs
into the 21st century. Our actions herein constitute significant steps
toward resolving certain of the telecommunications challenges facing the
public safety community, including, but not limited to, making available
sufficient spectrum to take advantage of innovation in technology.
[SOURCE: FCC]
http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt

SAFETY NETS: PROTECTING LIVES AND PROPERTY IN THE INFORMATION AGE
Issue: Telecom & Public Safety
From the press release
http://www.ntia.doc.gov/ntiahome/press/safetynet100198.htm: Vice President
Gore today released a Commerce Department report discussing the many ways in
which
information technologies have enhanced public safety. The report, Safety
Nets: Protecting Lives and Property in the Information Age, provides several
examples of ways technology is being used by law enforcement officers to
better protect public safety. Vice President Gore released the report while
announcing new funding from the Department of Justice for police departments
nationwide for new equipment purchases and administrative hires to better
serve America's communities. "I am proud to announce a new study by the
Department of Commerce that shows new technology saves both time and money.
Five minutes spent on a laptop computer, for example, allows an officer to
save up to three hours he would have spent running back and forth to the
station," Vice President Gore said.
[SOURCE: NTIA]
http://www.ntia.doc.gov/otiahome/tiiap/resources/safety1.htm

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INTERNATIONAL
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ECONOMY, WOULD-BE CENSORS PINCH RUSSIAN NEWS MEDIA
Issue: International/Journalism
A once-robust news media in Russia may be the latest victim of the country's
economic woes. Consumer spending is slowing so newspapers, magazines, and
television shows are cutting back on content and staff. And some journalists
fear new attempts of government censorship. "There is no good news for the
press just now," said Vsevolod Bogdanov of the Russian Journalists Union.
"Certain powers and political forces are trying to accuse the press of all
of today's possible sins. They are always looking to declare someone guilty,
so now they blame the journalists who inform society."
[SOURCE: Chicago Tribune (Sec 1, p.10), AUTHOR: Collin McMahon]
http://chicagotribune.com/textversion/article/0,1492,ART-15929,00.html

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...and we are outta here. Have a great, Cubs-victory-filled weekend.