Tech Law Journal Daily E-Mail Alert
April 23, 2002, 9:00 AM ET, Alert No. 416.
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FCC Releases UWB Report and Order
4/22. The Federal Communications Commission (FCC) released its First Report and Order regarding Ultra Wideband Transmission Systems [118 pages, 677 KB in MS Word]. This order amends FCC rules to permit the marketing and operation of certain types of new products incorporating ultra wideband (UWB ) technology, including high speed home and business networking devices.
UWB devices, which use very narrow pulses with very wide bandwidths, have potential applications in both radar and communications technologies. It has been suggested that UWB devices can use large portions of already allocated spectrum with minimal or no interference to incumbent users. However, the extent of interference has been the subject of some controversy.
The order concludes that "UWB technology offers significant benefits for Government, public safety, businesses and consumers. However, we recognize that these substantial benefits could be outweighed if UWB devices were to cause interference to licensed services and other important radio operations. Our analysis of the record and the various technical studies submitted indicate that UWB devices can be permitted to operate on an unlicensed basis without causing harmful interference provided appropriate technical standards and operational restrictions are applied to their use."
The order establishes technical standards and operating restrictions for three types of UWB devices: imaging systems including Ground Penetrating Radars (GPRs) and wall, through wall, surveillance, and medical imaging devices; vehicular radar systems; and communications and measurement systems.
FCC Commissioner Kevin Martin commented in a separate statement that "Sharing decisions are made particularly difficult in the context of the ``fiefdom创 mentality that seems to characterize players who fervently guard their spectrum ``turf,创 regardless of whether additional use can be accommodated." He added that UWB "challenges the notion that use of particular frequencies or bands is necessarily mutually exclusive. In defiance of our traditional allocation paradigm that often forces us to pick ``winners and losers创 in the face of competing demands, this technology seems to allow more winners all around."
Martin added, however, that he is disappointed that the FCC did not "adopt more flexible limits that may have allowed for even more widespread use of this technology. I look forward to re-examining the technical parameters established in this order once we have more data that will address the interference concerns expressed by NTIA."
Gates Testifies Before U.S. District Court
4/22. Bill Gates, Chairman of the Board and Chief Software Architect of Microsoft, testified in person before the U.S. District Court (DC) in the remedies phase of the long running government antitrust litigation against Microsoft. He also submitted lengthy written testimony.
Gates wrote that "The non-settling States' proposed remedies (``NSPR创) would imperil Microsoft's business and technology model, depriving the marketplace of the primary benefits that Windows provides and thereby greatly devaluing the product."
He continued that "I believe that Microsoft would be unable to develop a version of Windows that would comply with Section 1 of the NSPR", which pertains to the redesign of the Windows operating system. He further asserted that "Section 1 would ban Microsoft from continuing to offer Windows in the marketplace, unless the Court later agreed to modify the remedy."
He elaborated that "Even if it were feasible to build new operating systems that conform to Section 1 design specifications, and Microsoft embarked upon a massive development effort to do so, the resulting products would be far less valuable to users and developers because they would, by definition, not provide a stable, consistent platform for software development. In addition, Section 1's pricing provisions would create strong disincentives for Microsoft to continue to invest in improving its operating system. Faced with the prospect of building less valuable operating systems and reduced reward for doing do, I doubt that Microsoft could motivate talented software engineers to work on operating system development or that it would make sense for Microsoft to continue to invest in doing so."
Gates also stated that "the NSPR would undermine the Windows platform, to the detriment of all who benefit from it, in many different ways. In fact, the NSPR would hobble Microsoft as a competitor and innovator across many product categories because many of its provisions are broadly worded to apply to any Microsoft product, service, feature or technology."
He also asserted that "it would be extremely difficult, if not impossible in some cases, for Microsoft to comply with the NSPR. Many key aspects of the NSPR, particularly its definitions relating to ``middleware,创 are vague and ambiguous, providing Microsoft with no clear statement of its obligations. Other aspects of the NSPR simply could not be feasibly implemented. Many provisions of the NSPR lead to extreme results, but Microsoft would not have the freedom to construe the NSPR in ways that we find less extreme."
FTC Files Complaint Under COPPA
4/22. The Federal Trade Commission (FTC) announced that it filed a complaint in U.S. District Court (NDOhio) against Ohio Art Company (OAC), alleging violation of the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. Ё 6501-6506. OAC produces the Etch A Sketch drawing toy. The complaint alleges that OAC collected personally identifying information from children through its web site without first obtaining parental consent, as required by COPPA. The FTC also announced that it entered into a Consent Decree with OAC. The decree enjoins further violation of the COPPA, requires payment of a $35,000 civil penalty, and requires the OAC to use its web site to advertise the FTC's children's privacy web site. See also, FTC release.
USPTO Director Rogan Addresses Copyright
4/18. U.S. Patent and Trademark Office (USPTO) Director James Rogan gave a speech in Washington DC titled "Digital Online Content: Creating a Market that Works".
Rogan stated that "To realize the potential of e-commerce for the distribution of all sorts of information products, from entertainment to education, from business software to databases for scientific research, providers must be confident that their products are safe from piracy." He continued that "Providing this security requires both technological and legal means to enable copyright owners to protect their works. It also means that these same technologies and laws need to recognize that fair use means that some uses that might otherwise be infringing will be permitted."
Section 109. Rogan also addressed proposals to amend 17 U.S.C. 109. He stated that "It has been proposed that one who lawfully acquires a digital version of a copyrighted work should be permitted to pass that copy, without making another, on to a second person just as that person may now do with a ``hard创 copy of a work under the first sale doctrine, codified in Section 109 of the Copyright Act. We concur in principle with this interpretation of Section 109. There is, however, a significant difference between traditional acts of distribution and acts of digital distribution."
He continued that "In a traditional distribution, the work is reproduced and only subsequently distributed. In a digital distribution, the act of reproduction is an intrinsic part of the act of distribution. Because of the present limitations of digital technology and the difficulties in ensuring that the transmitting party had erased or otherwise destroyed the copy resident in the sending computer, I have serious reservations about the prudence of amending Section 109 to grant a blanket exception to digital distribution."
Copy Protection. Rogan also addressed proposed copy protection legislation. Sen. Ernest Hollings (D-SC) introduced S 2048, the Consumer Broadband and Digital Television Promotion Act, on March 21.
Rogan stated that "Negotiations are presently underway among hardware manufacturers and content owners to develop improved means for protecting on-line content, which I believe would encourage creativity and promote the development of a broader range of services for consumers in the Internet and broadband technologies. Before Congress rushes into the imposition of a legislative solution, I hope its Members will grant more time for the free market to find its own middle ground."
USTR Announces IPR Agreement with Argentina
4/19. The Office of the U.S. Trade Representative (USTR) announced that "Intellectual property rights officials from the United States and Argentina, meeting in Buenos Aires, finalized the elements of a joint notification to the World Trade Organization (WTO) regarding intellectual property matters."
The USTR stated that "Argentina clarified how certain aspects of its intellectual property system, such as those related to its import restriction regime, operate in conformance with the WTO Agreement on Trade Related Aspects of Intellectual Property Rights. In addition, Argentina agreed to amend its patent law to provide protection for products obtained from a process patent and to ensure that preliminary injunctions are available in intellectual property court proceedings, among other amendments. Finally, on the outstanding issues that remain, including that of data protection, the United States retains its right to seek resolution under the WTO dispute settlement mechanism." See, USTR release.
WTO DG Moore Addresses Russian Accession to WTO
4/19. World Trade Organization (WTO) Director General Mike Moore gave a speech in London titled "Russia and the WTO: Reintegration into the World Economy". He said that "Russia's accession is finally entering a decisive and final phase".
However, Moore also stated that "To complete Russia's accession, we will need to see the completion of meaningful market access deals in goods and services and a solid legal and administrative framework in Russia -- which will guarantee the implementation of the contracted commitments."
He continued that "Our common objective is to build a balanced package capable of providing Member governments with meaningful access to the Russian market, on multilaterally enforceable terms. In turn, Russia will receive guaranteed and predictable access to the markets of its trading partners. Russia will also take a central place in the management and future development of the world economic system. In this way Russia's reintegration into the world market will be completed. No matter how difficult the outstanding problems may be, I believe there are in Washington, Brussels and Moscow, people with the horsepower, firepower and willpower to make this accession happen."
Moore concluded that "Accessions, in their final phase, always come back to such core issues as ... telecommunications."
People and Appointments
4/20. Mark Mershon was appointed as Special Agent in Charge of the Federal Bureau of Investigation's (FBI) San Francisco Field Office. See, FBI release.
More News
4/22. Williams Communications Group, Inc. filed a Chapter 11 petition for bankruptcy in U.S. Bankruptcy Court (SDNY). See, Williams release.
4/22. Qwest announced the release of a draft report conducted by KPMG regarding its operations support systems (OSS) in all of the states within its territory, except Arizona. Qwest anticipates filing Section 271 applications to provide in region interLATA services. Qwest stated that "The release of the final report in late May will allow Qwest to begin filing applications with the Federal Communications Commission (FCC) for approval to sell long distance services in 13 states. Qwest expects to receive approval within 90 days of filing each application with the FCC." See, Qwest release. Meanwhile, AT&T responded that "the draft report on the testing of Qwest's operational support systems is incomplete". See, AT&T release.
4/20. The Federal Bureau of Investigation (FBI) announced the selection of sites for three regional computer forensic laboratories (RCFL): Kansas City, Chicago, and the San Francisco bay area. See, FBI release.
4/22. The Federal Election Commission (FEC) assessed a $1,800 civil penalty on the Friends of John Conyers committee for not filing an FEC form in 2000. Rep. John Conyers (D-MI) is the ranking Democrat on the House Judiciary Committee. The FEC also announced 50 other fines. See, FEC release.
AEI Panel Advocates "Freeing the Chinese Internet"
4/19. The American Enterprise Institute (AEI) hosted a panel discussion titled "Freeing the Chinese Internet". The speakers stated that the People's Republic of China uses firewalls to block access to certain web sites by Internet users in China. The speakers also asserted that American companies have played a pivotal role in developing the Chinese government's censorship capabilities. Finally, they advocated freeing the Chinese Internet by several means, including the use of technologies designed to evade the blocking by firewalls, industry self restraint, U.S. government oversight of the technology industry's support of Chinese censorship, and shareholder lawsuits against U.S. companies.
The moderator of the AEI discussion was Arthur Waldron (a China scholar at the AEI). The panelists were William Baum (Voice of America), Paul Baranowski (Peekabooty Project), Ethan Gutmann (Project for the New American Century), and Greg Walton (Human Rights in China).
William Baum gave the first presentation. As China Branch Chief for Voice of America (VOA), he has worked to provide news and information in Mandarin and Cantonese through a web site and other media. He stated that the Chinese government blocks access to the VOA web site.
"We have had great difficulty getting through. Their blocking has been quite effective." He said that they have been sending, by e-mail, proxy server information. However, the Chinese government blocks the proxies within hours. "It is very clear that there is a very concerted effort within China to do everything they can to block news," said Baum.
He also pointed out that VOA's proxy servers get many hits from Saudi Arabia. However, he added that the Saudis mostly use the proxies to access pormography rather than news and information.
Baranowski, a young software developer, stated that he is currently working, on his own, and without support, on the Peekabooty application, a peer to peer application that facilities Internet users' ability to avoid the blocking by government firewalls. He also stated that he would welcome either foundation or government financial support for his project.
He added that he is pessimistic for the long run. He stated that "absolute control of the Internet is possible. Most people in the technical industry, in the computer industry, and pretty much, sort of, the general view is that it is not possible to control the Internet. And, and the Chinese have shown so far that it is quite possible to control it. And, eventually they will control it completely. And thus, this program I am writing is only a temporary solution to what is actually a political problem. So, it is just buying us time, I think."
Ethan Gutmann focused especially on the role of U.S. companies in the development of the Chinese Internet. He stated that "American business played a very pivotal in the construction of the construction of the Chinese Internet." In stated that, in addition, "American companies could play a role in freeing the Chinese Internet, or at least stop making the situation worse."
He said that China developed the Internet for several reasons. China did want to be left behind technologically. It wanted to get rich. It wanted to use the Internet for nationalist propaganda. It wanted to used it for surveillance, and the tracking down of dissent. Also, it wanted to develop Internet warfare capabilities.
"How did the Western businesses look at this. Well, they generally underestimated the Chinese leadership," said Gutmann. "For American computer engineers, the Internet architecture itself seemed too clever and too egalitarian ... For U.S. businessmen, the feeling was that our technological lead was just too great; our financial pace is too fast."
Gutmann then offered his assessment of how the Chinese firewall was built. "We know that during construction of the first public access web, Global One in 1996, authorities suddenly became interested in keyword searching. They wanted to look into the packets," said Gutmann. "We know that the Chinese wanted to block forbidden web sites, very early -- western news, democracy sites, Maoist sites, and so on -- but Chinese Internet architecture was not very standardized, because there was so much excitement surrounding the building" of the Internet.
He then addressed the role of Cisco. "Cisco Systems has really been a dominant player -- agreed to build a special firewall box for the Chinese authorities which blocked the forbidden web sites on a national scale." He added that he is not aware of Cisco doing this for any other country.
"They basically solved a great part of the problem for the Chinese government. When you called up a site that was forbidden, and it would just say, the operation timed out, which meant that, basically, your request for the site had been thrown in the electronic equivalent of the trash. Now, we have reason to suspect that Cisco also gave to the PLA and the state security the ability to look into the packets, in exchange for market access."
However, Gutmann said that Cisco was not alone. "On the area of content control, we know the Internet is a dynamic place ... search engines had to be controlled tool." He asserted that Yahoo "disabled search phrases, such as ``China democracy创 and ``Taiwan independence创."
"Others, such as Sun Microsystems, Netscape, Sparkice, showed goodwill by supporting an arm of Chinese propaganda, at the time. And AOL, which has been moving into the market very fast, has similar arrangements, and is considering directly informing on dissident's web activity if the PSB, the Public Security Bureau, requests it," said Gutmann.
In addition to censorship by firewalls, Gutmann addressed surveillance. He stated that "There are big players at Internet security trade shows in Beijing -- Motorola, Phillips, DuPont, Siemens -- smaller companies like NetFront and RSA Security subsist by their sales of surveillance technology to the Chinese authorities. And, you know, on the really low end front, but very important front, there are spyware programs, those little programs that embed themselves in your computer after you download something. One is made by Radiate. Another is made by Clicktiluwin. In the U.S. context these report user activity to advertisers. In China, there is every reason to believe that information is also delivered to state security, the security bureau. This is very useful for identifying webmasters ... and ... it identifies users who download proxy servers."
Gutmann also discussed assistance provided by American companies in cyber warfare. He stated that "it is increasingly relevant that Network Associates, that is, McAfee, and Symantec, which is Norton AntiVirus, and Trend Micro, gained entry into the Chinese market by donating 300 live computer viruses to the Public Security Bureau. From the Chinese perspective, this is significant. They have a Cisco built firewall. They five pipelines to the outside world. They can shut those down in a crisis."
The panelists also addressed how to free the Internet in China. Panelists advocated the development and use of proxy servers and applications such as Peekabooty.
Gutmann cautioned, "but we should be aware of the likely Chinese response, which would be, easiest thing to do, is just simply to enlist American companies who are very eager to curry favor in Beijing ... and ask the American companies to develop software allowing the Public Security Bureau to kill any system that we are talking about". Hence, he argued that American companies would have to cooperate in working to free the Internet in China.
Panelists cited only one example of a company that has stood up to the Chinese government's demands -- Microsoft. For example, Gutmann stated that "Chinese authorities at one point ordered Microsoft, and pretty much every company, to surrender their software's underlying source code, their encryption source code. Underneath it all, Microsoft is the one who really chose to fight. They organized a massive coalition of every Chamber of Commerce that you can think of that is relevant to Beijing, and they won. The Chinese authorities backed off."
Gutmann also suggested U.S. government oversight of U.S. company's cooperation with Chinese authorities. He said that "that ideally would be done by the U.S. China Security Review Commission, by the Congressional Executive Commission on China, and by elements of the Administration. The stark choice that would be offered is either to pay penalties, or develop a workable code of conduct." But, he concluded that "oversight can only go so far".
Waldron advocated shareholder litigation. He said that "in my private capacity, I would be perfectly happy to buy a share of Cisco stock" in order to bring a shareholder action.
Waldron waxed philosophically. "It is often said, without reflection, that of course, the result of this new technology is going to be more freedom, even though what Orwell thought, it was going to mean less freedom, and more brain washing. And, I think that there is no better test case of this than the Internet in China ..." He pointed out that in contrast to Orwell, former U.S. Secretary of State Madeline Albright has argued that the Internet will lead to democratization in China.
Technology of Internet Censorship
4/19. The American Enterprise Institute (AEI) panel discussion titled "Freeing the Chinese Internet" addressed the technologies of Internet censorship, and countermeasures used to evade censorship. The following is a brief overview of some of the concepts addressed.
Firewalls. Firewalls may be programs located in a gateway server for a network. They examine each network packet to determine whether to forward it to its destination. Firewalls can be used both to prevent malicious outsiders from accessing private data resources located on the network, and to control what resources outside of the network users will have access to. This latter function is used in nations where governments exercise Internet censorship. First, users are only permitted access to the Internet through government controlled firewalls. Second, the government uses these firewalls to block access to banned web sites, such as foreign news sites. The firewalls store lists of URLs of banned web sites. Then, the firewalls will not forward packets directed to those URLs, thus blocking the user's requests for those web pages.
Proxy Servers. A proxy server is also an intermediary between a network and the Internet. It can be used for many purposes, including caching, administrative control, and security. Proxy servers can be used to evade the effects of government firewalls that block access to censored sites. Rather than directing a request to the censored web site, the user sends his request to the unblocked proxy server. If the requested page is cached at the proxy server, the proxy server can send it to the user. Alternatively, the proxy server, using one of its own IP addresses can request the page from the censored web site, and then forward it on to the user.
Peekabooty. Peekabooty is a distributed or peer to peer application, as are some music sharing applications. However, the function of Peekabooty is to have a large number of computers located in countries other than the ones exercising Internet censorship to act as a network of intermediaries between the users in the censoring countries and the banned web sites which they seek to access. The concept is to have too many computers running Peekabooty in the background for the censoring government to identify, track and block them. Peekabooty is still in development. However, if developed, it could provide several advantages over simple proxy server evasion. First, once launched it would not require organization, maintenance, or funding. Second, it would present a far more difficult target for blocking. Third, there is no central server or control to attack to shut down the system.
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Tuesday, April 23
The House will meet at 12:30 PM for morning hour and 2:00 PM for legislative business. No votes are expected before 6:30 PM. The House will consider a number of measures under suspension of the rules.
Day two of a three day conference of the Electronics Industry Alliance. See, agenda [Word]. Location: Grand Hyatt Hotel.
9:30 - 11:30 AM. The American Enterprise Institute (AEI) will host a lecture by Jerry Hausman of MIT titled From 2G to 3G: Wireless Competition for Internet Related Services. See, program summary and online registration page. Location: 12th Floor, AEI, 1150 17th Street, NW.
CANCELLED. 9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Saga Broadcasting Corp v. FCC, No. 01-1249. Judges Ginsburg, Sentelle and Henderson will preside. Location: 333 Constitution Ave. NW. This case will be decided without oral argument pursuant to Rule 34j.
10:00 AM. The House Appropriations Committee's Subcommittee on Commerce, Justice, State, and the Judiciary will hold a hearing on the proposed budget for FY 2003 for the USPTO. Location: George Washington University, Loudoun Campus.
POSTPONED. 10:00 AM. The Senate Judiciary Committee will hold a hearing on reformation of the Federal Bureau of Investigation (FBI) and the Department of Justice. Location: Room 226, Dirksen Building.
12:00 NOON - 2:00 PM. General Richard Myers, Chairman of the Joint Chiefs of Staff, will speak on contributions that the electronics industry has made to military preparedness at a luncheon at the spring convention of the Electronics Industry Alliance. Location: Grand Hyatt Hotel.
12:30 PM. The Consumer Federation of America (CFA) and the Computer & Communications Industry Association (CCIA) will host a press briefing luncheon to announce their opposition to the AT&T Comcast merger, and to release a report criticizing the argument that intermodal competition will tame cable market power. The speakers will be Mark Cooper (CFA), Gene Kimmelman (Consumers Union) and Ed Black (CCIA). Location: Reserve Officers Association, 5th Floor Conference Room, One Constitution Ave. NE.
TIME CHANGE. 2:00 PM. The Senate Judiciary Committee's Subcommittee on Antitrust, Competition, and Business and Consumer Rights will hold a hearing titled Cable Competition and the AT&T Comcast Merger. The witnesses will be Michael Armstrong (AT&T), Brian Roberts (Comcast), Charles Betty (Earthlink), Richard Greene (CableLabs), Robert Perry (Mitsubishi), and Mark Haverkate (WideOpenWest). Sen. Herb Kohl (D-WI) will preside. This hearing had originally been scheduled for April 10. Location: Room 226, Dirksen Building.
7:00 - 10:00 PM. Tom Ridge, Director of the Office of Homeland Security, will speak at a dinner at the spring convention of the Electronics Industry Alliance. Location: Grand Hyatt Hotel.
Wednesday, April 24
The House will meet at 10:00 AM for legislative business.
Day three of a three day conference of the Electronics Industry Alliance. See, agenda [Word]. Location: Grand Hyatt Hotel.
9:00 AM - 3:30 PM. The Consumer Electronics Association (CEA) will host an event titled Digital Television (DTV) Summit: Moving to Mass Markets. Rep. Billy Tauzin (R-LA) will give the opening keynote address. A 1:45 PM panel will include Michael Petricone (CEA), Rick Chessen (FCC), Andrew Levin (Minority Counsel, House Commerce Committee), and Jessica Wallace (Counsel, House Commerce Committee). See, agenda. Location: Washington Convention Center.
9:00 AM. Day one of a two day meeting of the Bureau of Export Administration's (BXA) Information Systems Technical Advisory Committee (ISTAC). The ISTAC advises the Office of the Assistant Secretary for Export Administration on technical questions that affect the level of export controls applicable to information systems equipment and technology. The meeting will be open to the public in part, and closed to the public in part. The open agenda includes a presentation on web based remote hardware management, a presentation on microelectro- mechanical (MEMS) technology and applications, and a presentation on battery and fuel cell technology. See, notice in Federal Register. Location: Herbert Hoover Building, Room 3884, 14th Street between Pennsylvania Ave. and Constitution Ave., NW.
10:00 AM. The House Judiciary Committee will mark up several tech bills, including HR 3482, the Cyber Security Enhancement Act of 2001, HR 3215, the Combatting Illegal Gambling Reform and Modernization Act, and HR 1877, the Child Sez Crimes Wiretapping Act of 2001. These bills had previously been scheduled for mark up on on Thursday, April 18. Location: Room 2141, Rayburn Building.
10:45 AM. FTC Commissioner Mozelle Thompson will participate in a panel discussion before the American Bar Association, Antitrust Section, titled "The Future of Leadership In a Competitive Environment" at the ABA 2002 Annual Antitrust Spring Meeting. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.
12:00 NOON. Sen. George Allen (R-VA) and high tech business representatives will hold a press conference on the importance of trade promotion authority (TPA) to the high tech community. Location: Room S-211, LBJ Room, U.S. Capitol.
12:00 NOON - 1:30 PM. The Cellular Telecommunications and Internet Association (CTIA) will host an event titled Wireless Issues Day Luncheon. This event is open to members of the media. For more information, contact Travis Larson at or Kim Kuo at Location: Room 325, Russell Building.
1:00 - 4:30 PM. The Commodity Futures Trading Commission's (CFTC) Technology Advisory Committee will hold a public meeting on technology related issues in the financial services and commodity markets, including cyber security. See, notice in Federal Register. Location: Room 1000, CFTC, Three Lafayette Centre, 1155 21st Street, NW.
2:30 PM. The Senate Commerce Committee's Subcommittee on Science, Technology, and Space will hold a hearing on S 2037, a bill providing for the establishment of a national emergency technology guard, and S 2182, a bill to authorize funding for computer and network security research and development and research fellowship programs. Location: Room 253, Russell Building.
Thursday, April 25
The House will meet at 10:00 AM for legislative business.
9:00 AM - 5:30 PM. Day one of a two day Copyright Conference hosted by the U.S. Patent and Trademark Office, the purpose of which is to "discuss current domestic and international issues vital to the development of e-commerce with members of the business and intellectual property communities." See, USPTO notice. Registration is required. Registration closes on April 19. Location: The Academy for Educational Development Conference Center, 1825 Connecticut Avenue, NW, 8th Floor.
9:00 AM. Day two of a two day meeting of the Bureau of Export Administration's (BXA) Information Systems Technical Advisory Committee (ISTAC). The ISTAC advises the Office of the Assistant Secretary for Export Administration on technical questions that affect the level of export controls applicable to information systems equipment and technology. The meeting will be open to the public in part, and closed to the public in part. The open agenda includes a presentation on web based remote hardware management, a presentation on microelectro- mechanical (MEMS) technology and applications, and a presentation on battery and fuel cell technology. See, notice in Federal Register. Location: Herbert Hoover Building, Room 3884, 14th Street between Pennsylvania Ave. and Constitution Ave., NW.
9:30 AM. The Senate Commerce Committee will hold a hearing on online privacy legislation. Location: Room 253, Russell Building.
10:00 AM. The Senate Judiciary Committee will hold an executive business meeting. Location: Room 226, Dirksen Building.
10:00 - 11:00 AM. The High Tech Coalition on Trade Promotion Authority will hold a press conference to urge passage of TPA. Location: Room SC-4, Capitol Building.
12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch. The topic will be "The Year of the 271". The speakers will be Dorothy Attwood (Chief of Wireline Competition Bureau), Michelle Carey, (Chief of the Competition Policy Division), Deena Shetler (Deputy Chief of the Pricing Policy Division), and Renee Crittendon (Senior Attorney Advisor in the Competition Policy Division). RSVP to Pam Slipakoff. Location: Room 8-C245, FCC, 445 12th Street, SW.
12:30 PM. The House Commerce Committee's Telecom and Internet Subcommittee will hold a hearing titled Ensuring Content Protection in the Digital Age. Location: Room 2123, Rayburn Building.
1:30 PM. FTC Commissioner Thomas Leary will participate in a panel discussion titled "Crises and Transitions: Is Competition Policy Responsive to Market Power Issues in Restructuring Energy Markets?" at the ABA 2002 Annual Antitrust Spring Meeting. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.
2:00 PM. The Senate Judiciary Committee will hold a hearing on several judicial nominees, including Julia Gibbons (to be a judge of the U.S. Court of Appeals for the Sixth Circuit), Leonard Davis (U.S.D.C., Eastern District of Texas), David Godbey (U.S.D.C., Northern District of Texas), Andrew Hanen (U.S.D.C., Southern District of Texas), Samuel Mays (U.S.D.C., Western District of Tennessee), and Thomas Rose (U.S.D.C., Southern District of Ohio). Location: Room 226, Dirksen Building.
3:30 PM. Mark Lemley (Professor, Boalt Hall, UC Berkeley) will give a lecture titled "Antitrust, Intellectual Property, and Standard Setting Organizations". For more information, contact Prof. Julie Cohen at jec@law. Location: Georgetown University Law Center, Faculty Lounge, 5th Floor, McDonough Hall, 600 New Jersey Ave., NW.
Deadline to submit Notices of Intent to Participate to the Copyright Office (CO) in its negotiation of 17 U.S.C. 118 noncommercial educational broadcasting compulsory license. See, CO notice in Federal Register.
Friday, April 26
The House will not be in session.
9:00 AM - 5:30 PM. Day two of a two day Copyright Conference hosted by the U.S. Patent and Trademark Office, the purpose of which is to "discuss current domestic and international issues vital to the development of e-commerce with members of the business and intellectual property communities." See, USPTO notice. Registration is required. Registration closes on April 19. Location: The Academy for Educational Development Conference Center, 1825 Connecticut Avenue, NW, 8th Floor.
10:00 AM. The FCC's Technology Advisory Council will hold a meeting. See, FCC notice and notice in Federal Register, March 13, 2002, Vol. 67, No. 49, at Pages 11334 - 11335. Location: Commission Meeting Room, FCC, 445 12th St., SW.
10:00 AM. FTC Chairman Timothy Muris will participate in a roundtable discussion at the ABA 2002 Annual Antitrust Spring Meeting. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.
12:00 NOON. The Cato Institute will host a briefing titled Financial Privacy and the War on Terrorism. The speakers will be David Burton (Prosperity Institute), Bradley Jansen (Free Congress Foundation), and Veronique de Rugy (Cato). Lunch will follow. See, agenda and online registration page. Location: Room B-369, Rayburn Building.
12:00 NOON - 2:00 PM. FCC Commissioner Kathleen Abernathy will address the American Woman in Radio & Television Awards Luncheon. For more information, contact Sallie Gitlitz at 202 337-4684. Location: Ballroom, National Press Club, 529 14th St. NW, 13th Floor.
3:00 - 5:00 PM. FCC Commissioner Kathleen Abernathy will address a Women's Bar Association Tea. Location: Mayflower Hotel.
Extended deadline to submit reply comments to the Copyright Office in response to its Notice of Proposed Rulemaking on "the requirements for giving copyright owners reasonable notice of the use of their works for sound recordings under statutory license and for how records of such use shall be kept and made available to copyright owners." See, original notice in Federal Register, and extension notice in Federal Register.
Monday, April 29
The Supreme Court will go on recess until May 13.
10:00 - 11:30 AM. The FCC's Office of Engineering and Technology (OET) will hold a tutorial titled Security of Wireless Networks. David Wagner, Assistant Professor in the Computer Science Division at the University of California at Berkeley, will discuss security issues associated with 802.11 wireless networks. See, FCC release.
12:15 PM. The FCBA's Cable Practice Committee will host a luncheon. Rick Chessen, head of FCC's DTV Transition Task Force, will discuss Chairman Powell's proposal for accelerating the transition to digital television. The price to attend is $15. RSVP to wendy Location: Mintz Levin, 9th Floor, 701 Pennsylvania Avenue, NW.