The Bureau of Industry and Security (BIS) has issued a final rule, effective July 15, 2005, which revises certain entries on the Commerce Control List (CCL) that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 6, 7, 8, and 9, and definitions to conform with changes in the Wassenaar Arrangement's List of Dual-Use Goods and Technologies and Statements of Understanding maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement).

Movie studios have filed a 6th round of lawsuits against online thieves nationwide, the MPAA announced Mon. In the wake of the Supreme Court’s unanimous decision that peer-to-peer (P2P) networks are liable for inducing others to engage in illegal swapping of movies online, the industry is aggressively pursuing pirates it accuses of violating copyright laws by stealing movies online. The complaints are part of a larger MPAA campaign to raise awareness about the consequences of movie piracy that began last Nov., officials said. The civil suits seek damages and injunctive relief. Under the Copyright Act, statutory damages can be as much as $30,000 for each film illegally copied or distributed, and as much as $150,000 per movie if the infringement is willful, the MPAA said. A criminal conviction can carry up to 5 years in prison, 10 years for repeat offenders.

Electronic Arts (EA) is confident a class action suit filed by disgruntled investors (CED March 30 p7) soon will be dismissed, and the company hopes to resolve complaints filed by employees over working conditions, the company told its annual meeting in Redwood City, Cal., last week.

The FCC seems inclined to address as a stand-alone item a Council Tree Communications petition proposing changes to the designated entity (DE) rules, separating it from the advanced wireless services (AWS) order, a knowledgeable source said. Complications caused by the petition prompted Chmn. Martin to delay the AWS order, originally expected to get a vote at the July agency meeting (CD July 19 p3). Council Tree wants the FCC to limit bidding eligibility for licenses in AWS Block D (1735-1740/2135-2140 MHz) to entities qualifying as small or very small businesses, or offer a 35% bidding credit there. It also wants the FCC to provide an additional 10% bidding credit for DEs serving underserved populations and keep large incumbent wireless carriers from entering any financial relationships with a DE if both have licenses with material geographic overlap. Council Tree also wants the FCC not to let individuals whose net worth exceeds $3 million to have a controlling interest in a DE. “The petition raises challenging procedural issues,” an FCC source said: “Another issue is if we decide to have a further notice, do we do it in this or other proceeding and how it may affect the timing of the [AWS] auction.” The possibility of separating DE issues from the AWS order “has been raised” on the 8th floor, but “it’s still a part of the debate [and] nothing has been decided,” the source said. Should the FCC decide to separate the Council Tree petition from the AWS order, it probably will announce that decision at the Aug. 4 meeting and act on the petition “at a later date,” another agency source said.

Canada’s recording industry embraced the country’s high court decision Thurs. not to hear a case involving imposition of extra fees on MP3 players. The justices decided Apple iPods and the like aren’t subject to a private copying levy because their embedded hard drives are “devices” rather than audio recording media. This means unauthorized file sharing to any hard drive -- including those on home computers -- is illegal, the Canadian Recording Industry Assn. (CRIA) said. Critics disagree, saying that debate is not over.

Liberal lawmakers Wed. floated legislation to put online pornography sites in the crosshairs a tack more commonly associated with the GOP, but this time with the Democratic tax-and-spend spin of threatening smut sellers with federal regulation. A duplicate of the Internet Safety and Child Protection Act, by Sen. Lincoln (D-Ark.) and backed by Sens. Lieberman (D-Conn.), Landrieu (D-La.) and other notables, was expected to be introduced in the House by Rep. Matheson (D-Utah) the same day.

FCC Chmn. Martin told a NARUC audience an effective federal-state partnership in implementing public policy may mean giving states more decision-making power. “The states have a larger role to play than just being an enforcer,” Martin said Tues. “The FCC could give states more flexibility to implement policy,” as was done successfully in some states with numbering administration.

Whether the DTV transition will produce an upsurge in analog TV dumping was raised Tues. in a Senate hearing and lawmakers seemed open to a fee and tax credit approach to jump-start a national electronics-waste recycling system. There are about 287 million analog TV sets in the country, Ranking Member Barbara Boxer (D-Cal.) said at an e-waste oversight hearing held by the Senate Superfund & Waste Management Subcommittee. About 90% of those devices are likely to be discarded after the digital transition, resulting in 1 billion pounds of lead entering the waste stream, she said.

NARUC was set to open its summer meeting in Austin, Tex., Sun. facing numerous telecom policy resolutions. Committees will review the proposals, which address telecom mergers, federal legislative reform, Lifeline/universal service and cost recovery. Some may fail or see dramatic revision during NARUC’s debate. To become policy, all must be passed by their respective committees, then approved by NARUC’s board.

A plan by FCC Chmn. Martin to reclassify telecom- provided DSL as an information service is circulating among the other commissioners’s offices, seeking approval, sources said. The new classification would lessen regulation of Internet access service provided by incumbent phone companies. The move was expected after the U.S. Supreme Court’s Brand X ruling, which upheld similar FCC handling of cable modem service (CD June 28 p1).