LAWYER WHO SPAMMED DISBARRED IN TENNESSEE

The Supreme Court of Tennessee has disbarred Laurence Canter, an immigration lawyer notorious for spamming, in part for illegal advertising practices. While much attention has been focused on Mr. Canter's spamming, he was also disbarred in part for poor client communication, for charging an improper nonrefundable retainer, and for failing to return a client's file. The opinion may be found here.

ONLINE COPYRIGHT LIABILITY LIMITATION ACT INTRODUCED

H.R. 2180 (The Online Copyright Liability Limitation Act) was introduced in the House by Rep. Coble to limit copyright liability in certain online situations, including instances where copyrights are inadvertently infringed in a not-for-profit situation where the infringer did not originally place the infringing material online . The bill would also limit liability where access to online materials is blocked because the individual or firm doing the blocking has received notice that the materials are infringing. The text of the act may be found by submitting the bill number to the search engine here.

DRAFT SPECIFICATIONS FOR HTML 4.0 RELEASED

The World Wide Web Consortium has released draft specifications for HTML 4.0, the successor to HTML 3.2. It provides better forms, tables, and programmability. The specs are available here.

PGP 5.0 IS RELEASED

PGP (Pretty Good Privacy), the most popular encryption program, has released version 5.0, which is promoted as interfacing seamlessly with Windows and Macintosh based e-mail programs, including Eudora. Users can now encrypt their messages from within their email client. The cost of the program is $39.00 until August 15th, $49.00 thereafter and may be ordered here.

WEB SITE ADVERTISEMENT STATISTICS

A survey conducted on behalf of the Internet Advertising Bureau by Millward Brown International, concluded that brand awareness increases by 5% with the use of web site banner ads. In the first quarter of 1997, the report noted that over $125 million was spent on Web advertising, an increase of 18% over the fourth quarter of 1996. For more information go here.

OECD OPPOSES GLOBAL INTERNET TAXES

The Organization for Economic Cooperation and Development has released a report on the subject of international guidelines for Internet based transactions. The report opposes any form of bit tax on the grounds that any such tax would slow and distort all forms of digital communications, and would significantly interfere with the development of electronic commerce.

NTIA REPORT ON PRIVACY AND SELF-REGULATION

The National Telecommunications and Information Administration has released a report entitled "Privacy and Self-Regulation in the Information Age." The report offers a serious look at privacy in our times, considering both theory and practice, self-regulations, and government regulation.

INFORMATION AND TECHNOLOGY REVENUES CONTINUE TO ESCALATE

According to a July report issued by the Information Technology Industry Council, America's information and technology industry had revenues of 747 billion dollars last year, an increase of 8% over the previous year. Employment in the industry has increased to nearly 3 million, up 6.5 percent from the preceding year.

DOMAIN NAME BATTLES

The Open Internet Congress (OIC) which opposes plans to add new Internet addresses to .com, .net and .org attracted just 48 participants at its first organizational meeting in July. The OIC is committed to stopping the implementation of a plan put forth by the Internet International Ad Hoc Committee, or IAHC (now known as the Policy Oversight Committee) to promulate seven top-level domains as additions to the already familiar domain names in use. The Policy Oversight Committee includes participants from the Internet Assigned Numbers Authority, the Internet Society, the World Intellectual Property Organization and other organizations involved in Net governance and intellectual property interests.

The Policy Oversight Committee's plan involves moving nearly all Internet address functions to Switzerland by year's end, though intervention by the U.S. government remains possible. The U.S. Commerce Department has requested comments on domain name issues, which are due August 18th. For further info go here.

ILLEGAL SOFTWARE STATISTICS

The Business Software Alliance reports that 27% of the U.S. software market is comprised of illegal copies of software, compared to 41% in Japan, 96% in China, 70% in Korea, and 36% in Germany.

CONGRESS CONTEMPLATES DISASTERS IN 2000

The Office of Management and Budget has released a report indicating that, of more than 7,000 critically important government computer systems, only 21 percent are prepared to greet the year 2000 successfully. Those computers which record only the last two digits of a year may treat the year 2000 as the year 1900, causing a host of calamities, including possible system crashes. Congress is responding to this crisis by contemplating laws which will put a greater burden on the private sector to insure that year 2000-compliant computers are in place on time. Even though 17% of the computers currently used will be replaced, there are still 4,500 systems which must be made ready in less than three years. The numbers exclude the Social Security Administration, which has almost three-quarters of its systems ready for 2000.

One legislative proposal would require that all new computer hardware and software purchased by the government be able to process dates properly in the year 2000. Another proposal would impose sanctions on financial-sector firms that negligently allow year 2000 computer problems to interfere with customer accounts.

SPAM SUMMIT/POTENTIAL SPAM LEGISLATION

Responding to a FTC suggestion that bulk e-mailers and consumer groups try to mediate their differences before the federal government starts regulating Internet marketing, a spam summit took place at the Center for Democracy and Technology in Washington. Spammers and anti-spamming groups met and talked, but without adopting any formal action.

Congress is considering two bills that would curb spam - one would expand a bill banning unsolicited faxes to cover e-mail, and the other would require labeling advertising e-mail as commercial.

DECEPTIVE MONITOR SIZES: CONSUMERS RECEIVE PAYOUT

Eleven retail chains and manufacturers, including Tandy, CompUSA, IBM, Compaq and Apple will contribute to the settlement of a class action lawsuit filed on behalf of consumers who bought monitors between May 1, 1991 and May 1, 1995. The complaint alleged that manufacturers and retailers deceived consumers about the size of their monitor screens by failing to set a standard for size measurement, frequently failing to account for the plastic around the screen in advertising the monitor size. The settlement requires that manufacturers establish a standard measurement of monitors' viewable screen area and provides for various levels of rebates.

MMX BELONGS TO INTEL

Intel Corp sued Advanced Micro Devices (AMD) and Cyrix in March to stop both firms from using the term "MMX" to label their chips. Intel argued that MMX is a term the company used to trademark its new processors, while the defending companies countered that MMX was a generic term which Intel could not trademark. Both defending companies have settled and agreed to acknowledge that MMX is an Intel trademark when promoting their products.

INTERNIC AND ALTERNIC BATTLE IT OUT

Over the course of a weekend in July, Eugene Kashpureff essentially took Network Solution's InterNIC Web site off the Net and replaced it with his own AlterNIC. AlterNIC, an alternative domain registry run by Kashpureff that does not follow the government-appointed mandates for TLDs (Top Level Domains), basically redirected InterNIC's domain. Kashpureff called the attack a protest of Network Solution's claim to ownership of the TLDs it currently manages. On July 23rd, NSI was granted a temporary restraining order in the Eastern District of Virginia preventing Kashpureff from redirecting InterNIC's domain. A hearing was set for August 1.

INTERNIC GENERATES ERRONEOUS DOMAIN NAMES

In mid-July, the generation of erroneous top-level domain name files by the InterNIC, caused consternation. An estimated 35 percent of all Web pages were rendered unreachable for four hours on July 17. NSI issued a public apology for allowing a corrupted file to contaminate its database.

DIGITAL AGREES TO RETURN CONFIDENTIAL DOCUMENTS TO INTEL

Digital Equipment Corp. has agreed to return some of Intel Corp.'s confidential technical and marketing documents related to its current and future processors. Intel had sued Digital for the return of information that Digital and other manufacturers need to plan their long-term strategy. Digital said that it will return documents related to Merced, the code-name for Intel's next generation IA-64 processor.

SYMANTEC SEEKS TO EXPAND SUIT AGAINST MCAFEE

Symantec Corp. has filed a motion to amend and expand its copyright violation suit against McAfee Associates Inc., alleging that McAfee stole portions of Symantec code and used it in McAfee software. Analysts believe that the suit may have a major impact in determining what software elements are protected by copyright and how far copyright protection may extend. The new charge in the Symantec suit asks the court to grant a preliminary injunction against McAfee, alleging that McAfee has used pilfered code in its VirusScan and PC Medic 97 products. The original suit claimed that McAfee used code from Symantec's Crash Guard protection and recovery program in PC Medic.

AOL WILL, WILL NOT, WILL SORT OF USE CUSTOMERS' PHONE NUMBERS FOR TELEMARKETING

In a dizzying reversal in July, AOL announced that it would sell its customers' phone numbers to selected companies, then, stung by the outcry, retracted that decision, finally announcing that it would allow its own employees to use the numbers to make phone solicitations on behalf of some of its business partners. AOL members have the option of opting out of this system by going to keyword "Marketing Prefs" and indicating their preference that they not receive such calls.

IBM AND WHEELGROUP FORM ALLIANCE TO STOP HACKING

IBM Global Services is planning to unveil a new hacking prevention service offering onsite, realtime intrusion detection through NetRanger sensors from WheelGroup Corp. with 7 X 24 monitoring, intervention, testing and trend analysis from IBM's Network Security Operations Center. According to a study by CERT (Computer Emergency Response Teams), about 80 percent of all network hacking today goes undetected by network administrators.

HOUSE BILL SEEKS TO LIMIT NET REGULATION

On July 30th, three House members introduced a bill to keep the federal government from regulating Net rates, charges, practices, classifications, facilities, or services. The Internet Protection Act, sponsored by Reps. White, Tauzin and Boucher, would allow the Federal Communications Commission to continue to oversee network reliability and let states regulate local telecommunication companies offering Net services. The FCC could still regulate network reliability, and Baby Bells offering local Net service would still be regulated by the states. The bill had not been posted when this issue of "Bytes" went to press, but will shortly be available here.

MICROSOFT SUES 21ST CENTURY SOLUTIONS INC.

Microsoft has filed a suit in federal court in Nebraska asking unspecified damages for breach of contract and trademark infringement by 21st Century Solution Inc., accusing the firm of illegally distributing copies of Microsoft's operating systems and word-processing programs. Microsoft has filed at least seven anti-piracy lawsuits in the past month. Microsoft charges that 21st Century loaded unauthorized copies of Microsoft Office, Windows NT Server and Windows 95 onto servers it later sold. 21st Century's President has indicated that the problem may have been caused by a disgruntled former employee against whom the company has filed suit.

Microsoft, always an aggressive enforcer of its rights, uses undercover operations at computer swap meets to collect infringement and piracy evidence. Based on these operations, Microsoft has also recently filed suits against two Arizona companies, Future Information Design Inc. and Computers Under Retail, claiming they sold unauthorized copies of its products.

BILL TO BAN ONLINE GAMBLING OPPOSED BY ISA

The Interactive Services Association (ISA) issued a statement in opposition to legislation which would ban online gambling, asserting that online gaming is inevitable. The Internet Gaming Prohibition Act is believed by supporters to be necessary to ensure that states will be able to exercise their sovereign rights to ban online gambling. Offshore gambling sites are multiplying and there is a growing concern that states need to be able to enforce their anti-gambling laws online.