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Netizens-Digest Volume 1 Number 356
Netizens-Digest Monday, March 20 2000 Volume 01 : Number 356
Netizens Association Discussion List Digest
In this issue:
Re: [netz] Now Law in California: Over time pay after 8 hours of work
[netz] Privatizing the Internet Infrastructure "At No Cost to the Public"
[netz] Executive Order on Unlawful Conduct Using the Internet
[netz] NetSol Hit With $1.7 Billion Suit (US)
[netz] Yankee legislators, stay home (UK)
----------------------------------------------------------------------
Date: Fri, 3 Mar 2000 15:13:41 -0500 (EST)
From: Luis G de Quesada <lgd1@columbia.edu>
Subject: Re: [netz] Now Law in California: Over time pay after 8 hours of work
On Fri, 3 Mar 2000, Jay Hauben wrote:
> A little good news for a change.
>
> >Reply-To: <jelyon@jelyon.com>
> >From: "John Lyon" <jelyon@jelyon.com>
> >To: <farber@cis.upenn.edu>
> >Subject: Hi, OT Law; Bye, Tech Boom?
> >Date: Thu, 2 Mar 2000 17:17:17 -0600
> >X-Mailer: Microsoft Outlook CWS, Build 9.0.2416 (9.0.2910.0)
> >
> >This may be of interest to IPers. Full article avail. at:
> >
> > http://www.wired.com/news/politics/0,1283,34692,00.html
> >
> >Hi, OT Law; Bye, Tech Boom?
> >Reuters
> >7:45 a.m. 2.Mar.2000 PST
> >SAN FRANCISCO -- A new law requiring California companies to pay hourly-wage
> >employees overtime went into effect on Wednesday, amid fears that it could
> >have a chilling effect on the boom in Silicon Valley, which relies heavily
> >on highly paid, temporary computer programmers.
> >
> >The new law, AB 60, passed last year, calls for non-salaried workers who are
> >paid on an hourly basis to receive overtime after working eight hours a day,
> >instead of 40 hours a week.
>
>
Hello: Its funny how having to properly compensate working folks always
causes "fears" and "chilling effects"on corporate and other biggies.
Lou D.>
>
------------------------------
Date: Mon, 6 Mar 2000 10:05:43 -0500 (EST)
From: ronda@panix.com
Subject: [netz] Privatizing the Internet Infrastructure "At No Cost to the Public"
I have just seen how the US government is using a federal procurement
contract* for its transfer of the public property of the domain name system,
root server system, IP numbers and the protocol process into
private hands. (These are basically the essential infrastructure
of the Internet).
Linkname: ICANN quotation
URL: http://www.icann.org/general/iana-proposal-02feb00.htm
Linkname: ICANN | IANA Contract Between the U.S. Government and ICANN
URL: http://www.icann.org/general/iana-contract-09feb00.htm
I find a bit curious, to say the least, that the procurement contract
is being used to do this privatizing of public property and control.
Someone has asked me to quantify what these functions of the
Internet are worth.
In private hands they are worth trillions today and for years
to come.
But what is the cost to the public? How does one quantify this?
Is it like taking fire from the world and replacing it with
a synthetic product that has a price tag on it?
Thinking about what the price to the public is of what is being
given to ICANN as a procurement contract is an interesting question
to try to come to grips with. Also it would seem that the nature
of procurement contracts is to buy something from the private
sector or some other entity, for the public sector. To use
such an instrument to transfer public property to some private
sector entity is not only contrary to what the nature of a
procurement contract is for, but also seems at the very least
an unconstitutional activity for a government official whose
duty is to protect the public property.
What next will be transferred from the public sector to the private
sector using a "no cost" to the public federal procurement contract?
Perhaps the FCC or the Defense Department? Or perhaps the Presidency.....
This is setting a very serious unconstitutional precedent to say
the least :-(
I don't know if this is what federal procurement contracts have
been written to do in the past. However, when I quickly looked at the
law regarding Federal Procurement Contracts, I didn't find
any indication they were to be used to transfer public property
and ownership and control of anything, let alone of the public
infrastructure of something as important as the Internet into
private hands and ownership and control.
Ronda
* For info on Federal Procurement see (48 CFR) http://www.arnet.gov/far
Federal Acquisition Regulation (48 CFR Chapter 1)
ronda@panix.com
http://www.columbia.edu/~hauben/netbook
http://www.ais.org/~ronda/new.papers
- ---------------------------------
9-2 The Amateur Computerist Winter 1999/2000
"Cone of Silence" US Press Censorship and ICANN
U.S. Congressional Letters about Internet Infrastructure Give-away
http://www.ais.org/~jrh/acn/ACN9-2.txt
or to subscribe write: ronda@panix.com
------------------------------
Date: Sat, 11 Mar 2000 14:06:30
From: John Walker <jwalker@networx.on.ca>
Subject: [netz] Executive Order on Unlawful Conduct Using the Internet
Executive Order on Unlawful Conduct Using the Internet
http://www.bestnet.org/~jwalker/legal.HTM
On March 9, 2000, Attorney General Janet Reno announced the release of
"The Electronic Frontier: the Challenge of Unlawful Conduct Involving
the Use of the Internet."
In August 1999, President Clinton established an interagency Working
Group on Unlawful Conduct on the Internet. Executive Order 13,133
directed the Working Group, under the leadership of the Attorney
General, to prepare a report with recommendations on:
--The extent to which existing federal laws provide a sufficient
basis for effective investigation and prosecution of unlawful conduct
that involves the use of the Internet;
--The extent to which new technology tools, capabilities, or legal
authorities may be required for effective investigation and prosecution
of unlawful conduct that involves the use of the Internet; and
--The potential for new or existing tools and capabilities to
educate and empower parents, teachers, and others to prevent or to
minimize the risks from unlawful conduct that involves the use of the
Internet.
The report and its appendices can be found via the links below:
http://www.bestnet.org/~jwalker/legal.HTM
- -------------
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- -------------------------------
------------------------------
Date: Wed, 15 Mar 2000 02:06:41
From: John Walker <jwalker@networx.on.ca>
Subject: [netz] NetSol Hit With $1.7 Billion Suit (US)
The CSS Internet News (tm) is a daily e-mail publication that
has been providing up to date information to Netizens since 1996.
Subscription information is available at:
http://www.bestnet.org/~jwalker/inews.htm
or send an e-mail to jwalker@bestnet.org with
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The following is an excerpt from the CSS Internet News. If you are
going to pass this along to other Netizens please ensure that the
complete message is forwarded with all attributes intact.
NOTE: Registrations for the On-line Learning Series of Courses
for April are now being accepted. Information is available at:
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- ------------
NetSol Hit With $1.7 Billion Suit (US)
by Lynn Burke
12:25 p.m. 14.Mar.2000 PST
http://www.wired.com/news/politics/0,1283,34959,00.html
Internet address registrar Network Solutions was slammed with a $1.7
billion lawsuit Tuesday alleging the company's practice of charging
fees for Internet domain names violates federal law.
The proposed class-action suit, filed in U.S. District Court in San
Francisco, seeks over $800 million in domain-name registration fee
refunds and another $900 million in antitrust damages.
The eight named plaintiffs claim the 1995 agreement between NSI and
the National Science Foundation violates the Constitution by
permitting NSI to collect a $70 fee for every Internet domain name
registration, plus $35 in yearly renewal fees.
"Under what basis are they charging that? That's just absolutely
outrageous," plaintiffs' attorney William Bode said.
Bode said the new suit is broader in scope than the class-action
suit against NSI and NSF that was dismissed last year, which
challenged the constitutionality of the registration fee charged by
NSI.
Tuesday's suit is going after NSI for its perceived failure to
observe the Internet protocols that restrict top-level domains
".com," ".net" and ".org" to, respectively, commercial companies,
ISPs, and nonprofits.
Officials at Network Solutions were not immediately available for
comment Tuesday morning.
Bode said NSI's failure to effectively regulate proper use of the
domain extensions indicates a breach of its contract with the
government. What's more, he said, NSI actually encourages companies
to register for all three extensions to protect themselves from
cybersquatters.
"Requiring a company to register for three fees, with no added
economic value, is a patent abuse of monopoly power," Bode said.
He said he's not worried that the District of Columbia Circuit Court
of Appeals already has ruled that the Internet domain name registry
is not a "quintessential government service."
"The Internet is a public facility and the fees in question are
clearly unconstitutional," Bode said.
Howard Sartori, president of the American Internet Registrants
Association, endorsed the suit.
"The government may give NSI a monopoly over Internet domain name
registration, but it cannot vest it with monopoly profits at the
expense of the Internet community," he said in a statement.
Virginia-based Network Solutions is the worlds largest Internet
registrar, with more than 8.1 million registrations.
Links:
http://www.networksolutions.com/
http://www.nsf.gov/
http://www.aira.org/
- -------------
Also in this issue:
- - Anti-spam e-mail suit tossed out (US)
In the war of words over unsolicited commercial e-mail, better known
as spam, an Oregon man has won a victory over the state of
Washington.
- - Push Is On For Patron Saint Of The Internet (US)
CAMBRIDGE, Mass. Pasta eaters have their own patron saint. So do tax
collectors, beggars, seekers of lost articles, supporters of lost
causes, students, people with sore throats or troubled marriages.
- - AOL's Case Endorses Normal Trade With China (PRC)
America Online (AOL.N) chairman Steve Case on Tuesday endorsed
efforts to grant permanent, normal trading status to China, a move
indicating that influential Internet companies may step up their
support for the controversial legislation.
- - New Domain Arbitration Rules Get Results (US)
ALBANY In one of the first domain name disputes resolved under the
new arbitration procedures of the Internet Corporation for Assigned
Names and Numbers (ICANN), an Albany area retailer has won the
cyberspace rights to his trademark.
- - DateRape.org: 'We Were Testing Free Speech'
The creators of DateRape.org say the site was a hoax meant to test
the limits of free speech on the Internet.
- - Canadian Small Biz Developing an Internet Economy (Canada)
Canadian small business bought and sold approximately $670 million in
goods and services over the Internet in 1999, and will do
significantly more in 2000, according to a survey by SES Canada
Research.
- - Feds: Get more secure or else (US)
U.S. Federal Trade Commissioner and FBI warn tech CEOs to address
security and privacy concerns or lose the opportunity to
self-regulate.
- - NetSol Hit With $1.7 Billion Suit (US)
Internet address registrar Network Solutions was slammed with a $1.7
billion lawsuit Tuesday alleging the company's practice of charging
fees for Internet domain names violates federal law.
- - An Internet rebellion in college dorms (US)
It's Friday afternoon and the freshmen of Tercero Hall at the
University of California at Davis are doing what college students
have done for generations.
- - Dubai to Lure World E-commerce Firms (UAE)
Dubai, trying to cash in on its reputation as the Gulf's trading
hub, is courting international IT firms to set up shop at a free
trade zone for e-commerce being set up in the emirate.
- - China Launches First Official News Site (PRC)
HONG KONG The Chinese government last week set up its first
official news Web site, 21 Dragon News Network, according to official
media.
- - Murdoch eyes India for Net investments (India)
BOMBAY, India--Media tycoon Rupert Murdoch today said he plans to
invest in India's fledgling Internet industry in addition to boosting
Star TV's presence in the country by launching local-language
channels.
- - New Lists and Journals
* NEW: Anything Goes, an unmoderated discussion list where anything
goes.
* NEW: Oracle WEBDB Discussion List, created to provide a central
repository and host for discussion and technical support issues
regarding the use of the Oracle WEBDB® application among web
developers and users.
* ADD: A Perfect World, a single panel comic strip with a goofy
sense of humor.
- - Tips Computing Basics
32-BIT NETWORKING IS FASTER
A CLEAN AND EMPTY DESK TO START
ANAL NET-TENTIVE
BACK UP TO AND THROUGH DOS 5
BOOT INTO DOS
CUSTOM STARTUP AND SHUTDOWN SCREENS
DEJA VIEW, Explorer
DIAL M FOR MOVE-R
EXECUTABLE DOABLE
IF MSDOS.SYS IS READ-ONLY
LOGO CIDE
Windows 95 is compatible with all Windows 3.1 programs
MODEMS NEED DIAL-UP NETWORKING
PWL IS SHORT FOR PASSWORDS WON'T LAST
REGISTRY EDITING THE SAFE WAY
REMEMBERING THOSE FAMOUS DELETED EMAILS
RENAME THEM ALL AT ONCE
USE THE MODEM'S OWN DRIVER
WHERE NOBODY KNOWS YOUR NAME
On-line Learning Series of Courses
http://www.bestnet.org/~jwalker/course.htm
Member: Association for International Business
- -------------------------------
Excerpt from CSS Internet News (tm) ,-~~-.____
For subscription details email / | ' \
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SUBINFO CSSINEWS in the \_/-, ,----'
subject line. ==== //
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"On the Internet no one / __/~| / |
knows you're a dog" =( _____| (_________|
http://www.bestnet.org/~jwalker
- -------------------------------
------------------------------
Date: Mon, 20 Mar 2000 23:16:57
From: John Walker <jwalker@networx.on.ca>
Subject: [netz] Yankee legislators, stay home (UK)
Effective Use of E-Mail
http://www.bestnet.org/~jwalker/intmail1.htm
Starting 1 April 2000
Learn how to:
Organizing personal and business contacts in an address book, complete
with nick-names; Create mailing lists, Use the CC or BCC line;
Create folders to organize mail and using filters to automatically
place incoming mail in folders; Using filters to automate replies to
standard messages; Using active URLs in mail; Attachments, Mime Bin/Hex
Uuencoded documents, Composing Effective E-mail Messages, Obtaining free
full featured e-mail programs and where to get help.
The following is an excerpt from the CSS Internet News. If you are
going to pass this along to other Netizens please ensure that the
complete message is forwarded with all attributes intact.
Subscription information is available at:
http://www.bestnet.org/~jwalker/inews.htm
or send an e-mail to jwalker@bestnet.org with
SUBINFO CSSINEWS in the SUBJECT line.
- ------------
Yankee legislators, stay home (UK)
Posted 20/03/2000 9:13am by Graham Lea
http://www.theregister.co.uk/000320-000004.html
Another day, another fight over domain name policing.
The latest twist in the top-level domain name saga concerning .com,
.net and .org see new disputes over fees charged by Networks
Solutions Inc, and a legal jurisdiction land-grab spat.
A proposed class-action suit against the 1995 agreement between NSI
and the National Science Foundation brought by eight plaintiffs in
the San Francisco District Court seeks $800 million in fee refunds
and $900 million in damages, supposedly because of the charging of
fees for domain name registration.
The constitutional issues are said to concern taxing and commerce
clauses, while the Administrative Procedures Act obliges the
government to hold hearings on the reasonableness of fees before
they are enacted.
The User Fee Statute requires that fees may not exceed the cost of
providing the service. This case follows on from the earlier
dismissal of a narrower class action case. Separately, the Court of
Appeals for the DC Circuit has decided that the domain registry is
not "a quintessential government service". The American Internet
Registrars Association supports the new action.
NSI is accused of failing to regulate properly, and abusing its
monopoly power by encouraging companies to register for .com, .net
and .org suffixes. However, NSI had agreed to observe all Internet
protocols and policies, which should have excluded applications for
all three top-level domains by one applicant, it is argued, since
.com is supposed to be used by for-profit firms, and .org by
not-for-profit organisations.
Virginia calling
There is also conflict between registered domain names and
registered trademarks, but with US control over the key high-level
domain suffixes, the reasonable resolution of disputes involving
trademarks registered outside the US is very difficult if one party
insists that US courts must be used.
In trademark law, the date of first commercial use is generally more
important than the date of registration, but practice varies. There
is a further problem area with US service marks, which do not have a
universal equivalent outside the US. Clinton's Anticybersquatting
Consumer Protection Act last November gave some US protection for
personal names and registered trademarks, but it could only apply in
the US.
A complicating territorial issue emerged earlier this month when a
US District Court in Virginia decided it had jurisdiction over all
top-level domains registered in Virginia - and of course Network
Solutions is headquartered there.
Although the court cannot resolve damages claims, it can order that
a domain name be differently registered - but the value of a domain
name to a business can of course be very considerable, so any
decisions by a Virginia court could have significant consequences.
This potentially gives US organisations preferential access to the US
courts, and it remains to be seen as to how significant this ruling
becomes.
Last November the BBC tried to get bbc.org from the Greater Victoria
(British Columbia) Computer Users' Association --the "BBC" here
stands for "Big Blue and Cousins", in use since 1985 and with the
domain name registered in 1995 --since it said that it held a
registration in Canada for BBC. At the moment, BB&C is considering
its options, and points out that "there are considerable costs to
changing the domain name", which looks like a negotiating position.
The first case has been resolved with the World Intellectual
Property rganisation being the designated arbitrator, and it was
encouraging that an international body was involved in the
arbitration. An Albany, NY company called musicweb wanted the domain
name musicweb.com but it had already been bagged, and by a
cybersquatter. Because the name had been offered for sale, it was not
hard to prove bad faith and no legitimate right to the name. The
cybersquatter didn't show up to defend the case.
It is still not clear whether arbitration will take precedence over
litigation, although for a plaintiff US litigation appears to be an
alternative to arbitration. It would seem that some restriction on
the number of domain names that can be registered by an organisation
or individual is desirable. The new procedures are likely to make
some names presently held by cyberquatters vulnerable to take over,
and so a new domain-name rush could be shortly underway as
cybersquatters are challenged for valuable domain names.
Another issue that will need to be confronted is the use of national
suffixes for unrelated purposes - for example Turkmenistan's .tm in
Sony.tm, where the desire is to indicate a trade name. It would have
been sensible if .us had been used more widely in the USA, and
top-level domains kept for qualified significant
internationally-operating organisations, but it's too late for that
now.
As to whether the new domain name regulatory system will work in
practice, we shall have to wait until there is a reasonable body of
cases before making a judgement. But having ultimate top-domain name
control subject to US law is not a comfortable situation. ®
- ------------
Also in this issue:
- - Cyber school on the horizon (UK/Scotland)
Children will be able to learn solely from the internet
Scotland will be home to Britain's first "cyber school" which is to
be in operation by August.
- - Disk mailing designed to encourage Hispanics to use Internet (US)
In an effort to get more Hispanics online, a Spanish-English Web site
is handing out more than 2 million computer disks that are customized
for bilingual use. The disks, to be sent out Monday, offer free
Internet access.
- - Internet disparities in schools (US)
Digital divide involves more than computers
In early 1997, San Francisco documentary producer David Bolt began
an ambitious project to examine how disparities in Internet access
affect school-age children. The result is a two-part television
special ``Digital Divide: Technology and Our Future,'' produced by
Bolt's Studio Miramar for PBS.
- - Yankee legislators, stay home (UK)
Another day, another fight over domain name policing.
The latest twist in the top-level domain name saga concerning .com,
.net and .org see new disputes over fees charged by Networks
Solutions Inc, and a legal jurisdiction land-grab spat.
- - Scientology in the Machine (Germany)
BERLIN -- A Microsoft spokesman called reports that the software
maker has turned over its closely guarded Windows 2000 source code to
the German government "just a rumor," but would not deny that the
company has disclosed technical secrets in a probe of the operating
system.
- - Web site gives news from Asian angle (Asia)
The Inter Press Service News Agency, a news service that provides
the world with news stories on Asian developing countries written
from the viewpoint of people in those countries, officially launched
a Web site earlier this month that carries reports in Japanese
- - Some schools to surf Net to cut costs (US)
There might be a way to hire 100,000 new teachers without
appropriating $12 billion.
A handful of the nation's 16,000 school districts next month will
start buying everything from fish sticks to microscopes over the
Internet, taking first steps behind a corporate stampede that is
expected to save the private sector $2 trillion on supplies by 2003.
- - Sixth-grade scientists go on-line for advice (US)
Computer-savvy class uses high-tech mentors
They're expert users of the best computer tools. They conduct
original research and report their findings. They use cutting-edge
technology to draw their conclusions.
They average 12 years old.
- - A fast new network (US)
Colleges pioneer a Web hooked on speed
WHILE THOSE Web-page graphics are crawling down your telephone line
at 28,000 itsy-bits per second, imagine what it would be like if you
had a connection that was 1,000 times faster. Or 10,000 times.
- - The art of printing Web pages (US)
Up-to-date software helps, plus a few tricks
Printing a Web page is one of those things in life that seem simple
in concept but often prove difficult in practice.
Everybody knows there are big "Print" buttons at the top of the most
popular browsers. And sometimes clicking on them actually works!
- - Netscape: New Browser Beta Near (US)
The latest version of Netscape Navigator has been anxiously awaited
for some time, but users and developers will have to wait almost
another month before seeing even a beta version of the new Web
browser.
- - Beijing issues cybercafe porn guidelines (PRC)
Beijing officials have threatened to shut down cybercafes where
punters are caught peering at porn.
- - Students banking on free service (UK)
Two 19-year-olds are starting a free online revision service for
teenagers - and are happy to encourage others to get in on the
internet boom.
- - New Lists and Journals
* ADD: Canuck-US_spouses, A list for Americans married to (or
marrying) Canadians.
* ADD: LifeJazz Notes, focused on the strategies for the
improvisation called Life.
* NEW: Horsefeathers! Humour List
Also in the 'News:
*Witnessing Domestic Violence Hurts Kids
*Connect for Kids Plans Electronic Chat on Improving School Values
*Kids Think Outside the Book
*Boot Camps Lose their Shine
*Domestic Violence and Children
*Summer Youth Employment Needs More Funds
*Answer the Census -- Or Throw Away $3,000?
*Take a Stand on the Budget
*Safe Start Grantees
*Challenging Myths About Juvenile Crime
*From the Courthouse to the Schoolhouse: Making a Successful Transition
*Idea for Action: National Juvenile Justice Awards
*It Couldn't Happen Here: Recognizing and Helping Desperate Kids
*Sticks and Stones: Changing the Dynamics of Bullying and Youth Violence
*Community Counts: How Youth Organizations Matter for Youth Development
*Children in Foster Care Share Ideas for Change
*Reforming Child Welfare
*Online Content for Low-Income and Underserved Americans
*Help for Small Town Leaders
*Kids and Guns -- An Overview
*GAO Reports on Implementation of Current Gun Buyer Background Checks
*Idea for Action: The Silent March
*Welfare Reform -- Helping the Poor or Providing Cheap Labor?
*Improper Denial of Benefits Pervasive among Poor
*Investing to Prevent Poverty
*Working Women Report They Are On Their Own for Child Care
*When Children Want Children
*Girls Show Us What Beauty Really Means
*Can Trading Cards Make Girls Boy Crazy?
*Why Girls Fight and How to Stop It
*State Developments in Child Care and Early Education 1999
*Following the Tobacco Settlement Money
*State Round-Up
* Companies rush to provide online procurement for schools
* A big university gives a little high school static about its radio
frequency
* Internet filtering company files suit against bypass 'hackers'
* 3Com Foundation's Urban Challenge grants connect communities
* $2.8 million from the New Jersey Department of Education
* Scholastic's Ms. Frizzle Award 2000 changes creativity and imagination
into cash and materials Deadline: April 10
* Education World's Grants Center is a great resource for educators
looking for grant information
* Multimedia has its place, but it shouldn't replace the
classroom
* This week's question... How well does your internet filtering
system work?
* What's best when it comes to internet filtering? Give your insight.
* Tools and information to help school technology decision
makers
On-line Learning Series of Courses
http://www.bestnet.org/~jwalker/course.htm
Member: Association for International Business
- -------------------------------
Excerpt from CSS Internet News (tm) ,-~~-.____
For subscription details email / | ' \
jwalker@hwcn.org with ( ) 0
SUBINFO CSSINEWS in the \_/-, ,----'
subject line. ==== //
/ \-'~; /~~~(O)
"On the Internet no one / __/~| / |
knows you're a dog" =( _____| (_________|
http://www.bestnet.org/~jwalker
- -------------------------------
------------------------------
End of Netizens-Digest V1 #356
******************************
