The 11th U.S. Appeals Court, Atlanta, modified its truth in billing decision to make clear it didn’t intend to throw out the entire March 2005 FCC order. The FCC and the CTIA had asked the court to change the “ordering clause” of the ruling to clarify that the court was dealing specifically with issues NASUCA raised (CD Aug 2 p1). The court voided an FCC finding that state rules requiring or barring line items on mobile carrier bills are rate regulation preempted by federal law. The decision is seen as a loss for wireless carriers and the FCC. The court agreed to a new ordering clause: “Because the Communications Act allows the states to regulate line item billing for wireless services, we grant the petitions for review filed by the State Consumer Advocates and the State Utility Regulators, vacate the preemption ruling set forth in the Declaratory Ruling in the Second Report and Order, and remand the case to the Commission.” CTIA, but not the FCC, has asked the 11th Circuit to rehear the decision en banc, but that’s considered unlikely, sources say. More likely: A Supreme Court appeal.

The Electronic Frontier Foundation (EFF) sued DoJ for the release of information about electronic surveillance tools that the group said the FBI has “spent millions of dollars developing.” The lawsuit, in the U.S. Dist. Court, D.C. is the first in the EFF’s FOIA Litigation for Accountable Govt. (FLAG) Project, whose stated purpose is exposing the govt.’s expanded use of new technologies to “invade Americans’ privacy.” The technologies in this case are DCS-3000 and Red Hook, both used for electronic signal interception. EFF accused the FBI of having “wrongfully withheld” information on their use.

The Electronic Frontier Foundation (EFF) sued the DoJ for the release of information about electronic surveillance tools that the group said the FBI has “spent millions of dollars developing.” The lawsuit, in the U.S. Dist. Court, D.C. is the first in the EFF’s FOIA Litigation for Accountable Govt. (FLAG) Project, whose stated purpose is exposing the govt.’s expanded use of new technologies to “invade Americans’ privacy.” The technologies in this case are DCS-3000 and Red Hook, both used for electronic signal interception. EFF accused the FBI of having “wrongfully withheld” information on their use.

The Senate telecom bill (HR-5252) would boost competition -- but only by “eviscerating important consumer protections,” said 3 Democrats in a long-awaited bill report filed Fri. The 5-1/2 page objection to the bill cites weak net neutrality regulation, lack of a buildout mandate for video providers and other criticisms. It was written by Senate Commerce Committee Ranking Member Inouye (D-Hawaii) and Sens. Dorgan (D-N.D.) and Boxer (D-Cal.).

The Senate telecom bill (HR-5252) would boost competition -- but only by “eviscerating important consumer protections,” said 3 Democrats in a long-awaited bill report filed Fri. The 5-1/2 page objection to the bill cites weak net neutrality regulation, lack of a buildout mandate for video providers, weakening of state consumer protection laws and preemption of state franchising laws. It was written by Senate Commerce Committee Ranking Member Inouye (D-Hawaii) and Sens. Dorgan (D-N.D.) and Boxer (D-Cal.).

The operator of a website with fictional accounts of children being molested was indicted by a federal grand jury in Pittsburgh last week, raising concern among free speech activists. Karen Fletcher, 54, offered several text files on the now-shuttered Red Rose Stories website, describing acts committed on minor girls, but no images were made available, said the 6-count indictment on obscenity charges. “I find it very troubling that a fictional account, somebody’s fantasy, could be considered a crime when there is no indication that anybody has been exploited,” said National Coalition Against Censorship Exec. Dir. Joan Bertin. Activists opposing a DoJ- written Web labeling bill have warned that it doesn’t limit label-required “sexually explicit” content to “visual” works, setting up this kind of case (WID Aug 4 p3).

DoJ shouldn’t act on the proposed AT&T-BellSouth merger until a federal judge finishes a Tunney Act review of DoJ’s approvals of 2 earlier Bell mergers, House Judiciary Committee Chmn. Sensenbrenner (R-Wis.) and ranking minority member Conyers (D-Mich.) said in a letter to U.S. Attorney Gen. Alberto Gonzales. U.S. Dist. Judge Emmet Sullivan, D.C., is reviewing whether DoJ consent decrees that led to last year’s approval of the SBC-AT&T and Verizon-MCI mergers were in the public interest. The new merger raises the same question as those under review, Sensenbrenner and Conyers said: “Whether a proposed merger would produce competitive harm in the local private line market and what remedies could address this harm.” The court decision could affect the AT&T-BellSouth merger, so DoJ should “refrain from issuing any final decision in the proposed AT&T/BellSouth merger until the court issues its public interest determination,” the Sept. 27 letter said. Sen. Leahy (D-Vt.), ranking member of the Senate Judiciary Committee, and Sen. Kohl (D-Wis.), ranking member of the Judiciary Antitrust Subcommittee, sent an even stronger letter arguing that mergers shouldn’t close until their Tunney Act reviews are done. For example, the letter said, the Verizon-MCI merger closed Jan. 6 but the court review continues. “Serious questions arise as to whether [allowing] the parties [to close] their deals in advance of Tunney Act review effectively negates the requirement of public interest judicial review,” the letter said. Meanwhile, Kohl and Senate Antitrust Subcommittee Chmn. DeWine (R-Ohio) urged DoJ and FCC scrutiny of “competition and communications policy issues” raised by the AT&T-BellSouth merger. The merger would combine “two of the four remaining” Bells, the Sept. 28 letter said. DoJ and the FCC should “consider adopting conditions to approval of the merger if they are necessary to help ensure that the telecommunications market remains open to new sources of competition,” the letter said. “The issue most deserving of close scrutiny is the merger’s potential effect on the availability of wireless spectrum to be used for broadband service,” said the letter sent to Asst. Attorney Gen. Thomas Barnett and FCC Chmn. Martin. The AT&T-BellSouth merger “is proceeding along a separate path” from the Tunney Act review, a spokesman said. “Already, all 18 states that have been required to review our merger with BellSouth have approved it unconditionally,” he said: “We're confident the FCC and DoJ will recognize the significant consumer and public interest benefits, too.”

Congress should outlaw pretexting by passing a law as soon as possible to prevent future corporate scandals like the Hewlett-Packard (HP) debacle, said House Commerce Committee Chmn. Barton (R-Tex.) and other members at a Thurs. hearing. Barton scolded 10 witnesses, including top HP officials, who are involved in an investigation using pretexting -- getting people’s personal information using false identifies.

Universities are starting to collaborate with music and movie industry groups to block piracy and educate students to be conscientious Internet users, experts told Congress Tues. But many in higher educational don’t do their share, RIAA and MPAA told a House Education Competitiveness Subcommittee hearing. Chmn. Keller (R-Fla.) urged a “three strikes” law for repeat infringers as a drastic remedy.

If the FCC favors approval of the AT&T-BellSouth merger, it at least should set conditions aimed at guarding consumers, public interest groups said Wed. at a news conference listing their reasons for opposing the merger. Those reasons vary with each body’s membership.