|House Crime Subcommittee
Approves Cyber Security Bill
|2/26. The House
Judiciary Committee's Subcommittee on Crime amended and
3482, the "Cyber Security Enhancement Act of
2001", by a unanimous voice vote.
Rep. Lamar Smith
(R-TX), the sponsor of the bill, and Chairman of the
Subcommittee, offered an amendment
in the nature of a substitute. (This is a revised version
of his amendment
in the nature of a substitute released on February 14.) Rep. Sheila Lee
(D-TX) offered an amendment
to Rep. Smith's amendment in the nature of a substitute. It
pertains to sentencing guidelines. It was adopted by a
unanimous voice vote. Then, Rep. Smith's amendment, as
amended, was adopted.
The bill contains provisions relating to sentencing guidelines
for computer hacking crimes, authority of Internet service
providers (ISPs) and others to voluntarily disclosure the
content of communications to law enforcement and other
government entities, appropriations for the National Infrastructure Protection
Center (NIPC), the creation of an Office of Science and
Technology at the Department
of Justice (DOJ), and other topics. The bill further
amends several sections of the criminal code that were just
recently amended by the USA PATRIOT Act, which is also known
as the anti terrorism bill.
Rep. Smith stated at the hearing that "America must
protect our national security, critical infrastructure, and
economy from cyber attacks. Penalties and law enforcement
capabilities must be enhanced to prevent and deter such
criminal behavior. Until we secure our cyber infrastructure, a
few keystrokes and an Internet connection is all one needs to
disable the economy or endanger lives. A mouse can be just as
dangerous as a bullet or a bomb."
The bill is supported by the DOJ and industry groups, such as
the Business Software Alliance
(BSA) and Information
Technology Association of America (ITAA). The Center for Democracy and Technology
(CDT) has taken the lead in raising concerns about the bill,
particularly its Section 102.
The two Democrats present for the mark up, Rep. Bobby Scott (D-VA)
and Rep. Sheila Lee
(D-TX), expressed their support for the bill, but also voiced
concerns which they hope to have addressed before the bill is
marked up by the full committee. Both addressed the "good
faith" versus "reasonably believes" standard in
Section 102 of the bill. That is the bill, as adopted, would
permit an ISP (or others) to voluntarily disclose to
government entities the contents of communications if it
"in good faith, believes that an emergency involving
danger of death or serious physical injury to any person
requires disclosure of the information without delay".
This expands the voluntary disclosure provision.
Rep. Scott also discussed, but did not offer, three different amendments.
He stated that he would like to work with other members to
address the matters contained in the amendments prior to the
full committee mark up. Two of these draft amendments pertain
to voluntary disclosure. A third would amend 18 U.S.C. § 2515
regarding the prohibition of the use as evidence of
Rep. Bob Goodlatte
(R-VA) did not offer as an amendment a bill which he is
3716, the Online Criminal Liability Standardization Act of
2002. It provides that "no interactive computer service
provider, or corporate officer of such provider, shall be
liable for an offense against the United States arising from
such provider’s transmitting, storing, distributing, or
otherwise making available, in the ordinary course of its
business activities as an interactive computer service
provider, material provided by another person." The bill
further provides that "The liability limitation created
by this section does not apply if the defendant intended that
the service be used in the commission of the offense."
However, afterwards he stated that he is still working towards
having a version of his bill included when the full committee
marks up HR 3482.
The Crime Subcommittee held a hearing on this bill on February
12. It met to mark up the bill on February 14, but lacked a
quorum do to the beginning of the Presidents' Day recess. The
full Judiciary Committee may mark up the bill within several
|Summary of the Cyber
Security Bill As Adopted by the Crime Subcommittee
|2/26. The following is a cursory summary of the HR 3482, as
adopted by the House Crime Subcommittee on February 26. See, amendment
in the nature of a substitute, as amended by the Lee
Section 101 of the bill would require the U.S. Sentencing Commission to
amend the federal sentencing guidelines with respect to
violations of 18
U.S.C. § 1030, which pertains to crimes involving
intentionally accessing a computer without authorization, or
in excess of authorized access. Rep. Lee offered an amendment
to Rep. Smith's amendment in the nature of a substitute, which
replaces the entirety of Section 101. It was adopted by a
unanimous voice vote.
Section 102 of the bill, which is the most
controversial item, would amend 18
U.S.C. § 2702(b), regarding voluntary disclosure of
the contents of communications. Currently, the statute
provides that "A person or entity may divulge the
contents of a communication ... (6) to a law enforcement
agency ... (C) if the provider reasonably believes that an
emergency involving immediate danger of death or serious
physical injury to any person requires disclosure of the
information without delay." The bill would allow the
disclosure "to a governmental entity, if the provider, in
good faith, believes that an emergency involving danger of
death or serious physical injury to any person requires
disclosure of the information without delay."
Hence, the bill would lower the standard that ISPs and others
must meet before they voluntarily release information -- from
"reasonably believes" to "good faith". It
also removes the immediacy requirement. It also expands the
set of entities to which information can be released -- from
"law enforcement agency" to "governmental
Section 103 provides, in full, that "Section
2520(d)(3) of title 18, United States Code, is amended by
inserting ‘‘or 2511(2)(i)’’ after
‘‘2511(3)’’." This amends the computer
tresspasser provision of the recently enacted USA PATRIOT
Act to allow providers to rely on the good faith defense.
Section 104 of the bill would authorize the
appropriation of $125,000,000 for the FBI's National Infrastructure Protection
Center (NIPC) for fiscal year 2003. This is up from
$57,500,000 in the original version of the bill.
Section 105 of the bill would amend 18
U.S.C. § 2512, which pertains to the advertising of
certain illegal devices. The statute prohibits the
advertising of "any electronic, mechanical, or other
device, knowing or having reason to know that the design of
such device renders it primarily useful for the purpose of the
surreptitious interception of wire, oral, or electronic
communications." Section 105 of the bill would
specifically include advertising on the Internet.
Section 106 of the bill would amend 18
U.S.C. § 1030(c), which pertains to punishment of
crimes involving intentionally accessing a computer without
authorization or in excess of authorized access. For
example, the bill would increase the maximum penalty to life
imprisonment for crimes where the "offender knowingly or
recklessly causes or attempts to cause death".
Section 107 of the bill would ensure that providers of
communications remain covered under 18 U.S.C. § 2703(e), a
"no cause of action provision," which protects
providers from law suits when they legally assist law
enforcement with an investigation under the new emergency
disclosure exception created in the USA PATRIOT Act.
Section 108 of the bill would amend 18 U.S.C. § 3125,
regarding emergency use of pen registers and trap and trace
(PRTT) devices. Currently, under 18 U.S.C. § 3125, law
enforcement authorities may use PRTT devices for 48 hours in
certain emergency situations, while court authority is being
sought. Section 108 would expand the list of situations to
include "an immediate threat to a national security
interest" and "an ongoing attack on a protected
computer that constitutes a crime punishable by a term of
imprisonment greater than one year".
Section 109 of the bill would raise penalties for
illegally intercepting cell phone conversations, and increase penalties
for unlawful access to stored communications.
Sections 201 through 206 of the bill pertain to the
creation of an Office of Science and Technology at the
Department of Justice.
|AG Ashcroft Testifies on
|2/26. The Senate
Appropriations Subcommittee's Subcommittee on Commerce,
Justice, State, and the Judiciary held a hearing regarding the
Department of Justice
request for Fiscal Year 2003. Attorney General John Ashcroft
Ashcroft said in his prepared
statement that "For information technology critical
to the FBI's efforts to combat the threat of terrorism, our
total budget request for the FBI includes an increase of
$109.4 million to support several new and ongoing projects.
These resources will support projects such as the FBI's
efforts to scan and digitally store 5 million documents
related to terrorist groups and organizations, data management
and warehousing, collaborative capabilities, information
technology support for Legal Attaches, continuity of
operations for FBI Headquarters and offsite facilities, state
of the art video teleconferencing capabilities and increased
staffing and funding to support FBI mainframe data center
upgrades. Funding is also sought to perform necessary
maintenance on enterprise wide legacy systems, applications
and the Trilogy network."
Electronic Surveillance. He stated that the budget
requests "$61.8 million in additional funding to enhance
the FBI's surveillance capability to collect evidence and
intelligence. These resources will enhance both physical and
electronic surveillance capabilities and enable automated
sharing of information collected as electronic surveillance
intelligence and/or evidentiary material."
USAO IP Telephony. "Our budget requests an
additional $11 million to complete the third and final phase
of the overall telecommunications convergence initiative in
United States Attorneys Offices throughout the Nation:
implementing Internet Protocol telephony. This convergence
will enable the U.S. Attorneys to encrypt all transmissions,
share resources and use telecommunications bandwidth more
effectively, and reduce overall operating and maintenance by
establishing a common, standardized telecommunications
Internet Crimes Against Children. Ashcroft also stated
that "Our budget also seeks an increase of $6.1 million
to expand the Internet Crimes Against Children Task Force
Program by establishing a regional task force in at least 40
states and expanding capacity building activities through
research, training and technical assistance."
|House Rules Committee
Defines Terms of Debate on Tauzin Dingell Bill
|2/26. The House Rules
Committee adopted a rule for consideration of HR
1542, the Tauzin Dingell bill. The House is
scheduled to debate and vote on the bill on Wednesday and
Thursday, February 27-28. However, with a limited number of
amendments, and time limits on the debate of each amendment,
the final vote could come on the evening of February 27.
The Rules Committee determined that the House will not
consider either the version of the bill reported by the House Commerce Committee,
or that reported unfavorably by the House Judiciary
Committee. Instead, the House will consider an amendment
in the nature of a substitute [PDF] offered by Rep. Billy Tauzin
(R-LA) and Rep.
James Sensenbrenner (R-WI). They are the Chairmen of the
Commerce Committee and Judiciary Committee, respectively.
The Rules Committee also determined that only three amendments
may be offered. Moreover, they must be offered in the order
specified by the Rules Committee; and, they cannot be further
amendment [PDF] is offered by Rep. Fred Upton (R-MI)
and Rep. Gene Green
(D-TX). It would increase the maximum penalties that may be
imposed on phone companies for violations of
amendment [PDF] is offered by Rep. Chris Cannon
(R-UT) and Rep. John
Conyers (D-MI). It provides numerous line by line changes.
It provides that nothing in the Tauzin Dingell bill
"shall restrict or affect in any way the application and
enforcement of the Federal and State rules in effect on the
date of enactment of such Act relating to the rates, charges,
terms, and conditions for the purchasing or leasing of
telecommunications services and network elements by
competitive telecommunications carriers." It also
provides that the bill "shall not restrict or affect in
any way -- the authority of the Commission to adopt
regulations to prohibit unsolicited commercial e-mail
messages", or to adopt regulations regarding customer
proprietary network information (CPNI), pormography, or access
by persons with disabilities.
amendment [PDF] is offered by Rep. Steve Buyer (R-IN)
and Rep. Adolphus Towns
(D-NY). It is a substitute amendment to the Cannon Conyers
amendment. Reps. Buyer and Towns describe it as follows:
"Guarantees that CLECs have access to customers served by
Bell company high speed networks under FCC -- regulated rates,
terms, and conditions. Preserves rules governing CLECs access
to Bell facilities, including a rule that permits CLECs to
"line share" on Bell copper facilities exclusively
for the purpose of providing high speed Internet service.
Requires Bell companies to allow CLECs to connect their own
high speed Internet facilities to Bell services and
|The amendment in the nature of a substitute offered by Rep. Billy Tauzin
(R-LA) and Rep.
James Sensenbrenner (R-WI) would provide regulatory relief
to the Baby Bell phone companies with respect to high speed
It provides that "Except to the extent that high speed
data service, Internet backbone service, and Internet access
service are expressly referred to in this Act, neither the
Commission, nor any State, shall have authority to regulate
the rates, charges, terms, or conditions for, or entry into
the provision of, any high speed data service, Internet
backbone service, or Internet access service, or to regulate
any network element to the extent it is used in the provision
of any such service; nor shall the Commission impose or
require the collection of any fees, taxes, charges, or tariffs
upon such service."
It would also amend Section 251 to provide that "neither
the Commission nor any State shall require an incumbent local
exchange carrier to provide unbundled access to any network
element for the provision of any high speed data
Section 9 of the amendment pertains to antitrust law. It
provides that "Section 601(b) of the Telecommunications
Act of 1996 (Public Law 104-104; 110 Stat. 143) is amended by
adding at the end the following new paragraph: ``(4)
CONTINUING OPERATION OF THE ANTITRUST LAWS.—Paragraph (1)
shall be interpreted to mean that the antitrust laws are --
(A) not repealed by, (B) not precluded by, (C) not diminished
by, and (D) not incompatible with, the Communications Act of
1934, this Act, or any law amended by either such Act.´´
|Sen. Hollings Denounces
Tauzin Dingell Bill
|2/26. If the Tauzin Dingell bill were to pass the House, it
would still face strong opposition in the Senate. For example,
Sen. Ernest Hollings
(D-SC), the Chairman of the Senate Commerce
Committee, which has jurisdiction over the bill, gave a speech
in the Senate on Monday, February 25, in which he called the
Sen. Hollings stated that "the communications bill by
Congressmen Tauzin and Dingell that the House will vote on
this week is blasphemy. Hailed as a way to enhance
competition, it eliminates it. Touted as a way to enhance
broadband communications, it merely allows the Bell companies
to extend their local monopoly into broadband."
|Judge Orders Palm to Post
$50 Million Bond for Patent Appeal
|2/22. The U.S.
District Court (WDNY) ordered Palm to post a $50 Million
bond with the court to "ensure that Xerox is able to
collect at least some, if not all, of the damages it will
suffer as a result of 3Com's infringement during the appeal
Xerox is the assignee of U.S.
Patent No. 5,596,656, which is titled "Unistrokes for
Computerized Interpretation of Handwriting." Xerox filed
a complaint in federal Court in Rochester, New York, against
3Com Corporation, U.S. Robotics Corporation, U.S. Robotics
Access Corporation, and Palm
Computing, Inc. claiming that the Graffiti software in the
PalmPilot line of hand held computers infringed its unistrokes
patent. On December 20, 2001, the District Court ruled that
Palm's Graffiti handwriting technology for hand held computers
infringes a Xerox patent. Palm has appealed.
Eric Benhamou, Ch/CEO of Palm, stated in a release
that "We intend to pursue our appeal vigorously and have
excellent arguments to support our view ... For thousands of
years, people have been creating writing symbols. Xerox
doesn't own the alphabet." See also, Xerox
Xerox, which was founded in Rochester, New York, as the Haloid
Corporation, has the home court advantage in the District
Court in Rochester.
|WIPO Reports on
Cybersquatting and Dispute Resolution
|2/26. The World Intellectual
Property Organization (WIPO) reported that the total
number of cybersquatting cases received by the WIPO grew by
"100% in the last quarter of the year. Moreover, it is
anticipated that the internationalization of domain names will
also create new opportunities for cybersquatters as it becomes
possible to register domain names in non-ASCII characters such
The WIPO also reported that "In 2001, the total number of
cases filed with WIPO under the Uniform Dispute Respolution
Policy (UDRP), the dispute policy for the .com, .net and .org
categories, reached 1,506 compared with 1,841 in 2000. This
suggests that an expedited on-line dispute resolution service
has been effective in dissuading Internet pirates from
hijacking names." See, WIPO
|Senate Banking Committee
Holds Hearing on Financial Reporting
|2/26. The Senate
Banking Committee held a hearing to examine accounting and
investor protection issues, focusing on proposals for change
relating to financial reporting by public companies,
accounting standards, and oversight of the accounting
profession. See, prepared statements of witnesses: Walter
Schuetze (SEC Chief Accountant, 1992-95), Michael
Sutton (SEC Chief Accountant, 1995-98), Lynn
Turner (SEC Chief Accountant, 1998-2001), and Dennis
Beresford (Chairman, Financial Accounting Standards Board,
Lynn Turner stated that "The SEC also needs to be
provided with the resources to acquire technology that can aid
in the electronic screening of filings for potential issues
and unusual trends in financial performance. SEC Chairman has
indicated he wishes to hire a highly qualified Chief
Information Officer. This is long overdue and will require
additional funds. But new and enhanced technologies can be a
powerful, efficient and effective tool in identifying problems
at an earlier date."
|People and Appointments
|2/26. The Federal Communications Commission's (FCC) Common Carrier Bureau (CCB)
named three counsel to the Bureau Chief, Dorothy Attwood: Scott
Bermann, Jessica Rosenworcel, and Christopher
Libertelli. Bergmann will be a Legal Counsel for local
competition, broadband deployment and numbering issues. He has
been an attorney advisor in the Industry Analysis Division of
the CCB since 1996. Rosenworcel will be a Legal Counsel for
universal service and broadband issues. She has been an
Attorney Advisor in the Policy Division of the CCB since 1999.
Before that, she was an associate with the law firm of Drinker Biddle & Reath.
Libertelli will be a Special Counsel to the Bureau Chief for
Competition Policy; he will coordinate and advance competition
policy proceedings. He has been a Legal Counsel to the Bureau
Chief since last summer. He previously worked as an associate
in the Washington DC office of the law firm of Dow Lohnes & Albertson.
2/26. Rex Heinke joined the Los Angeles office of the
law firm of Akin Gump as a
litigation partner. He focuses on intellectual property, First
Amendment, and entertainment and media law. He was the lead
attorney for the Los Angeles Times and Washington Post in the
Times v. Free Republic, a case involving copyright
infringement by a political discussion web site.
|2/26. World Trade Organization
(WTO) Director General Mike Moore gave a speech
titled "Globalisation: the Impact of the Doha Development
Agenda on the Free Market Process" to a U.S. Chamber of
Commerce meeting in Florida.
2/26. The California
Court of Appeal (1/1) issued its opinion
[PDF] in HIH
Marine Insurance Services v. Gateway Freight Services,
a subrogation action involving air carrier liability. This
case arises out of the loss of a shipment of hard disk drives
from Malaysia to San Francisco via China Airlines. The Court
of Appeal affirmed the Superior Court's dismissal of the
|Senators Kohl & DeWine
to Hold Hearings on Cable and Satellite Competition
|2/26. The Senate
Judiciary Committee's Subcommittee on Antitrust,
Competition, and Business and Consumer Rights announced that
it will hold a pair of hearings on communications related
mergers. The first hearing, scheduled for March 6, is titled
"Dominance in the Sky: Cable Competition and the Echostar
Direct TV Merger". The second hearing, scheduled for
April 10, is titled "Dominance on the Ground: Cable
Competition and the ATT Comcast Merger". Sen. Herb Kohl (D-WI) will
preside. Sen. Mike DeWine
(R-OH) is the ranking Republican on the Subcommittee.
|Wednesday, Feb 27
|The House will meet at 10:00 AM. The House will begin it
debate of HR
1542, the Tauzin Dingell bill.
Day one of a two day conference titled "Combatting Cyber
Attacks on Your Corporate Data". See, conference information
page. Location: Omni Shoreham Hotel.
10:00 AM. The Senate
Judiciary Committee will hold a hearing to examine sovereign
immunity and the protection of intellectual property. Sen. Patrick Leahy (D-VT)
will preside. See, witness
list. Location: Room 226, Dirksen Building.
10:00 AM. The House
Ways and Means Committee will hold a hearing on the WTO's
extraterritorial income decision. Location: Room
1100, Longworth Building.
10:00 AM. The House Financial
Services Committee will hold a hearing to receive the
testimony of Alan Greenspan, Chairman of the Federal
Reserve Board of Governors. Location: Room 2128, Rayburn
2:00 PM. The Senate
Commerce Committee's Science, Technology, and Space
Subcommittee will hold a hearing on S
414, the NTIA Digital Network Technology Program Act. This
bill would authorize $250 Million per year for five years for
a grant program for digital network technologies. Sen. Ron Wyden (D-OR) will
preside. Location: Room 253, Russell Building.
4:00 PM. Rep. Bob
Goodlatte (R-VA) and Rep. Rick Boucher
(D-VA) will host a media roundtable on the Congressional
delegation trip to Europe last week to promote the Internet,
intellectual property rights, and electronic commerce. The
delegation met with members of the Russian Duma, Czech
Parliament, German Bundestag, and European Parliament.
Location: Office of Rep. Goodlatte, Room 2240, Rayburn
6:00 - 8:00 PM. The FCBA will
host a Continuing Legal Education (CLE) seminar titled Unlicensed
Operation Under FCC Rules. The price to attend is $60 for
FCBA members, $50 for government and law student members, and
$80 for non-members. Registrations and cancellations due by
12:00 NOON on Tuesday, February 26. To register, contact Wendy
Parish at wendy @fcba.org.
Location: Capital Hilton Hotel, 16th & K Streets, NW.
Extended deadline to submit reply comments to the Copyright Office in
response to its March 9, 2001, Notice
of Inquiry concerning the interpretation and application
of the copyright laws to certain kinds of digital
transmissions of prerecorded musical works in light of an
agreement between the RIAA,
the NMPA, and
The Harry Fox Agency (HFA). See, 17
U.S.C. § 115. See, notice
in Federal Register.
|Thursday, Feb 28
|The House will meet at 10:00 AM. The House may continue
its consideration of HR
1542, the Tauzin Dingell bill.
Day two of a two day conference titled "Combatting Cyber
Attacks on Your Corporate Data". See, conference information
page. Location: Omni Shoreham Hotel.
9:30 AM. The Senate
Commerce Committee will hold a hearing titled Protecting
Content in a Digital Age -- Promoting Broadband and the
Digital Television Transition. Sen. Ernest Hollings
(D-SC) will preside. The scheduled witnesses are Michael
Eisner (Ch/CEO of Disney), Peter Chernin (P/COO of News
Corp.), Leslie Vadasz (EVP of Intel), Andreas Bechtolsheim
(Cisco), James Meyer (Thomson Multimedia), Robert Perry
(Mitsubishi Digital Electronics). Location: Room 253, Russell
10:00 AM. The Senate
Judiciary Committee is scheduled to hold a business
meeting. Location: Room 226: Dirksen Building.
12:15 PM. The Federal
Communications Bar Association's Transactional Practice
Committee will host a brown bag lunch on mass media
transactions. RSVP to Sue Fischer at 202 776-2000.
Location: Dow Lohnes &
Albertson, 1200 New Hampshire Ave., NW.
1:00 - 5:00 PM. The Federal Communications Commission's (FCC) Wireless Telecommunications
Bureau will hold a public forum addressing issues related
to the acquisition and analysis of data on the state of
competition in the commercial mobile radio services industry
for the 7th Annual CMRS Competition Report. Location: FCC, 445
12th Street, SW, Room TW-C305.
4:00 PM. Adam
Mossoff (Professor at Northwestern Univ.
School of Law) will give a lecture titled "The
Relevance of Natural Rights in Intellectual Property
Today". For more information, contact Prof. Robert
Brauneis at rbraun
@main.nlc.gwu.edu or 202 994-6138. Location: George Washington Univ. Law
School, 2000 H Street, NW.
6:30 - 8:30 PM. FCC Commissioner Michael Copps
will speak at a Federal
Communications Bar Association (FCBA) reception on
"the value of mentoring in building a career."
Location: Kelley Drye & Warren, 1200 19th Street, NW.
|Friday, March 1
|The House will not be in session.
Deadline to submit public comments to the Federal Trade Commission (FTC)
regarding the use of disgorgement as a remedy for competition
violations, including those involving the Hart Scott Rodino
Premerger Notification Act, FTC Act, and Clayton Act. See, FTC
and Federal Register notice.
Deadline to file comments with the Federal Communications Commission
(FCC) in response to its notice of proposed rulemaking (NPRM)
regarding the appropriate regulatory requirements for
incumbent local exchange carriers' (ILECs') provision of
broadband telecommunications services. The FCC adopted this
NPRM at its December 12 meeting. This is CC Docket No. 01-337.
in the Federal Register.
Deadline to submit reply comments to the FCC regarding Verizon's Section
271 application to provide in region interLATA services in
the state of Vermont. See, FCC
notice [PDF]. This is CC Docket No. 02-7.
|Monday, March 4
|9:30 AM. The U.S.
Court of Appeals (DCCir) will hear oral argument in ACS
Anchorage Inc v. FCC, 01-1059. Judges Edwards, Randolph
and Williams will preside. Location: 333 Constitution Ave.,
|Tuesday, March 5
|9:00 AM - 5:00 PM. The National
Institute of Standards and Technology's (NIST) Computer System Security
And Privacy Advisory Board (CSSPAB) will meet to discuss
computer security legislation, privacy issues, critical
infrastructure protection, the USPS's electronic postmark
products, and other matters. The CSSPAB advises the Secretary
of Commerce and the Director of NIST on security and privacy
issues pertaining to federal computer systems. This is the
first day of a three day meeting. See, notice
in Federal Register. Location: General Services
Administration, 7th and D Streets, SW, Room 5700.
10:00 AM. The Senate
Appropriations Subcommittee's Subcommittee on Commerce,
Justice, State, and the Judiciary will hold a hearing
regarding the Department of
Justice (DOJ) budget request
for FY 2003. Location: Room 138, Dirksen Building.
10:00 AM. The U.S.
Court of Appeals (FedCir) will hear oral argument in Marketel
International v. Priceline.com, No. 01-1279, an appeal
from the U.S. District
Court (NDCal). Marketel filed a complaint against
Priceline alleging misappropriation of trade secrets,
misappropriation of business model, conversion, false
advertising, and entitlement to a correction of inventorship
of Priceline's U.S.
Patent No. 5,794,207. Marketel appeals the District
Court's dismissal of some of its claims. Location: Courtroom
203, LaFayette Square, 717 Madison Place, NW.
10:30 AM - 4:30 PM. The President's Council of Advisors on
Science and Technology (PCAST) will hold a meeting to discuss
the science and technology of combating terrorism, federal
spending on science and technology research and development,
demand issues related to deployment of broadband
infrastructure, and other topics. See, notice
in Federal Register. Location: Board Room, American Institute
of Architects, 1735 New York Ave., NW.
6:00 - 8:15 PM. The Federal
Communications Bar Association (FCBA) will host a CLE
seminar titled "U.S. Spectrum Policy: Convergence or
Co-Existence?" This is Part I of a two part series. Part
II will be on April 16. See, schedule.
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