German authorities face tighter controls on access to telecom traffic data under a preliminary ruling by that nation’s Federal Constitutional Court. The court said law enforcement may not access such data, except in cases of “urgent danger” to life, risk of injury or individual freedom or serious threat to national security, according to attorney Axel Spies. The case at issue involved a challenge to a law mandating storage of telecommunications traffic data. The law requires telecommunications carriers and service providers to retain all traffic data for six months, Spies said. In March, the court said police agencies only can access the information for very serious crimes, not for misdemeanours or copyright violations, he said. The order made no mention of reimbursing communications service providers’ costs, he said. The court said it needs more information to decide if that financial burden justifies freezing the law, leaving the compensation issue hanging, he said. All telecom carriers must now store their traffic data, and ISPs are subject to the law beginning Jan. 1, he said. A challenge to the EU data retention directive is pending at the European Court of Justice, he said.
The International Trade Administration has made a preliminary affirmative antidumping duty determination that certain circular welded carbon quality steel line pipe from Korea is being, or is likely to be, sold in the U.S. at less than fair value.
The International Trade Administration frequently issues notices on antidumping and countervailing duty orders, investigations, etc. which Broker Power considers to be "minor" in importance as they concern actions that occur after an order is issued, neither announce nor cause any changes to an order's duty rates, scope, affected firms, or effective period, etc.
Sprint Nextel is being sued in a federal class action claiming it wrongly charged wireless customers $1.2 billion in early termination fees, court filings said. The ETF suit, filed in U.S. District Court in San Francisco, was brought by Scott Bursor, an attorney who brought an ETF case against Sprint in California state court in July. The preliminary ruling in the July case ordered the carrier to refund $73 million to affected customers. Bursor claimed the July ruling proves Sprint ETF practices break California law, court filings show. The fees “bear no relation to any cost incurred by Sprint and the fees were established as an arbitrary penalty to prevent dissatisfied customers from leaving,” he said. “Now we will prove that the fees violate federal law as well.” The first case is still pending, a company spokesman said, terming the new suit “cynical and opportunistic,” based on a premise opposite the jury’s July findings. Bursor brought federal suit days after Sprint unveiled a new ETF policy (CD Nov 3 p12).
A magistrate judge is recommending that a Miami trade show producer be held in contempt for ignoring a preliminary injunction barring him from promoting an event called ACES 09 in apparent violation of CEA’s CES trademark. Producer Justin Finochiarro knew that using “ACES” was prohibited under the injunction, but used it anyway, in “bad faith,” said Judge Andrea Simonton. CEA, which sued Finochiarro in April, wants him fined $5,000 for each day he ignores any contempt order. Simonton recommended $100 as the daily fine. U.S. District Judge Ursula Ungaro, who must rule on Simonton’s recommendations, set Monday as the deadline for objections.
The International Trade Administration has issued the final results of its antidumping duty changed circumstances review of polychloroprene rubber from Japan and is partially revoking the AD duty order with respect to certain solid polychloroprenes.
The International Trade Commission has initiated an investigation, entitled "Textile and Apparel Imports from China: Statistical Reports," pursuant to a request by the House Ways and Means Committee to collect and report data on Chinese textile and apparel imports.
The International Trade Administration has issued an affirmative preliminary determination that imports of folding metal tables with legs connected by cross-bars, so that the legs fold in sets, are circumventing the antidumping duty order on folding metal tables and chairs (FMTCs) from China.
The International Trade Administration has issued the final results of its antidumping duty new shipper reviews of wooden bedroom furniture from China for the period of January 1, 2007 through July 31, 2007.
The International Trade Administration has amended its final affirmative antidumping duty determination on polyethylene terephthalate film, sheet, and strip (PET film) in order to correct certain ministerial errors with respect to its final dumping margin calculation for Polyplex Thailand Public Company Limited and its U.S. affiliate Polyplex Americas, Ltd. (collectively, Polyplex).