Volume II

Issue : 2: January 22, 2004

• U.S. Court of Appeals Finds Trade-mark Rights May Limit "Keyed" Internet Searches
• Canadian Race Track First to Offer Online Gambling
• Microsoft Still on the Hook in EOLAS Patent Battle
• USPTO Releases List of Top Ten Patent Recipients for 2003
• U.S. Court of Appeals Rules that "Lawoffices" is Not Entitled to Trademark Protection
• VoIP: Level 3 Files Petition Seeking Exemption - FCC Chair Opposes Application of Existing Regulation - FBI Seeks Ability to Intercept Conversions - Bangladesh Telecom Breaks Law
• Canadian Firm Required to Pay Redress for Misleading Domain Name Marketing
• Copyright Ruling Appealed by Industry Groups - CRIA Launching Lawsuits Against File Swappers
• US-Court-of-Appeals-Dismisses-Honeywells-Attempt-to-Utilize-Trademark-Protection-in-Expired-Patent-Case
• Canadian Consumer Ministers Approve E-Commerce Code

Home > Volume II > Issue 2: January 22, 2004 > VoIP: Level 3 Files Petition Seeking Exemption - FCC Chair Opposes Application of Existing Regulation - FBI Seeks Ability to Intercept Conversions - Bangladesh Telecom Breaks Law

VoIP: Level 3 Files Petition Seeking Exemption - FCC Chair Opposes Application of Existing Regulation - FBI Seeks Ability to Intercept Conversions - Bangladesh Telecom Breaks Law

Level 3 Files Petition Seeking Exemption

On December 23, 2003, Level 3 Communications LLC filed a petition with the U.S. Federal Communications Commission requesting that the Commission forbear from application of certain provisions of the Communications Act and the Commission's rules that would otherwise permit local exchange carriers to impose charges on voice over Internet protocol (VoIP) traffic that originated or terminated on the public switched telephone network (PSTN), or on PSTN-PSTN traffic that is incidental thereto. Level 3 asserts that forbearance will result in increased investment, product and technology innovation, and increased deployment of advanced services.

The Chairman of the Commission, Michael Powell, has recently made comments that support the position of Level 3 and other broadband phone providers, preferring to allow such companies to develop the technology with a clean regulatory slate.

For a copy of the Commission's notice of the Petition, visit:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1A1.doc
For additional information, visit:
http://news.com.com/2100-1034_3-5138451.html

FCC Chair Opposes Application of Existing Regulation

The FBI and the U.S. Justice Department have asked the FCC to assist them in their efforts to be able to intercept conversations using VoIP. The concern is that terrorists and other 'lawbreakers' are using VoIP to avoid wiretaps, which the U.S. authorities rely heavily on in their work; 2.2 million conversations were intercepted in 2002 with court approval. The FCC is being asked to determine that VoIP providers are "telecommunications carriers" rather than "information services" such that the Communications Assistance for Law Enforcement Act (CALEA) would apply. A privacy advocate has commented that the application of CALEA to VoIP providers will only be good for busting "small-time bookies", as sophisticated criminals will use noncompliant VoIP available offshore. Compelling overseas VoIP providers to comply with the U.S. rules will be a challenge.

For additional information, visit:
http://news.com.com/2100-7352_3-5137344.html

Bangladesh Telecom Breaks Law

In Bangladesh, the use of VoIP telephony is no longer illegal, but all operators are required to be licensed by the Bangladesh Telecommunication Regulatory Commission (BTRC). However, Bangladesh Telegraph and Telephone Board (BTTB), a public entity, has been transferring internal calls using VoIP since December 30, 2003, despite the fact that it has not even applied for a licence yet. The purpose of the Bangladesh Telecommunications Act 2001 was to ensure that private operators in the telecommunications sector were afforded a 'level playing field' by regulating them and the BTTB under a single body. The BTTB Chairman is arguing that it should not be required to obtain a VoIP license like other operators, since it is a government department that generates revenues for the government.

For a copy of the article, visit:
http://www.matamat.com/fullstory.php?gd=23&cd=2004-01-14