The Senate panel is not being "up-front about the fact that they want the same letter [Microsoft provided the
Justice Department] but they are not offering the same protection," Cullinan said.
In a March 26 letter to Microsoft, four members of the Judiciary Committee acknowledged they work under
different rules.
"Procedural rules governing the Justice Department's handling of commercially sensitive information do not, of
course, apply to the Judiciary Committee," wrote panel chairman Orrin Hatch, R-Utah, in the letter.
"We are, however, sensitive to the interests of Microsoft, and its contractual partners, in protecting the
confidentiality of such information. We therefore would like to minimize the extent to which such sensitive
information is provided to the Committee and, at the same time, provide adequate protection for any sensitive
information the Committee might receive," the letter states.
Microsoft provided documents for inspection in a so-called "clean room," where they could be reviewed but not
copied, Cullinan said.
Lopatto said that access to documents did not constitute a response to the committee request.
"First of all, . . . we didn't ask them for documents," she said, noting the committee wanted the letter to free
OEMs up to cooperate with the panel's probe.
"They've offered to allow us to review documents. The documents they were going to make available were generic
documents," Lopatto said, and not actual contracts themselves. |
