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| Rep. Barr Introduces
Government Agency Privacy Bill |
4/24. Rep. Bob Barr
(R-GA) and others introduced HR 4561, the Federal Agency
Protection of Privacy Act, a bill that would require federal
agencies to include a privacy impact analysis with proposed
regulations that are circulated for public notice and comment.
The bill was referred to the House Judiciary
Committee. The Committee's Subcommittee on Commercial and
Administrative Law, which Rep. Barr chairs, may hold a hearing
on the bill as early as next week.
The bill would require federal agencies, after notice and
public comment, to include a privacy impact analysis that
describes the steps that were taken to minimize the
significant privacy impact of proposed regulations and that
justifies the alternative with respect to privacy that was
chosen by the agency. The bill would also provide for judicial
review.
Rep. Barr stated in a release that "All Americans deserve
to know how new rules or regulations passed by the government
will affect their right to privacy. From medical records to
surveillance cameras, and from government snooping on the
Internet to recent calls for a national ID, we are seeing
firsthand, each day, the importance of guarding our right to
privacy. This is good government legislation to reform the
regulatory process, and make government more accountable to
the people."
Jim Harper, Editor of Privacilla.org,
stated in a release
that "Agencies like the IRS, Social Security
Administration, Centers for Medicare & Medicaid Services,
Department of Education, and Veterans Administration use
massive amounts of personal information without permission.
When these practices are revealed, Americans will be more able
to decide whether they want to pay the cost in lost privacy of
government programs." He added, "Expect the federal
bureaucracy to howl at this proposal."
The bill's original cosponsors span the political spectrum: Rep. Steve Chabot
(R-OH), Rep. Mel Watt
(D-NC), Rep. George
Gekas (R-PA), Rep.
Jerrold Nadler (D-NY), Rep. Mark Green
(R-WI), and Rep. Ronnie
Shows (D-MS). |
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| Senate Judiciary Committee
Holds Hearing on Judicial Nominees |
4/25. The Senate
Judiciary Committee held a hearing on six judicial
nominees: 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). Sen. John Edwards
(D-NC) presided over this noncontroversial hearing.
Gibbons has been a Judge of the U.S. District Court (WDTenn)
since 1983. She would fill one of the vacancies on the U.S. Court of Appeals
(6thCir), where half of the seats are currently vacant.
Among her recent notable cases is In Re SCB Computer
Technology Securities Litigation, which arose out of SCB's restatement of its
consolidated financial statements for fiscal 1998 and 1999 and
the first three quarters of fiscal 2000. Judge Gibbons
dismissed several consolidated securities fraud cases, with
prejudice, based upon her application of the heightened
pleading requirements of the Private Securities Litigation
Reform Act (PSLRA). The parties settled while an appeal was
pending. See, D.C. No. 00-2343, 2001 WL 648929 (February 15,
2001).
Godbey, who is currently a Texas state trial judge in Dallas,
previously was a partner in the law firm of Hughes & Luce. Hanen
is the lead partner in the law firm of Hanen Alexander; he was
previously a partner in Andrews
and Kurth. Davis is currently a state appeals court judge
in Texas; he previously had a litigation practice in Tyler,
Texas. Mays is currently a partner in the law firm of Baker Donelson in
Memphis, Tennessee.
Rose is currently a state trial court judge in Ohio. Before
that, he was a partner in the law firm of DeWine and Rose. Sen. Mike DeWine (R-OH),
who is now a member of the Senate Judiciary Committee,
supports his nomination. |
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| Senate Judiciary Committee
Postpones Consideration of Bills |
| 4/25. The Senate
Judiciary Committee held an executive business meeting.
The agenda had included mark up of several technology,
intellectual property and privacy related bills, including S 2031,
the Intellectual Property Protection Restoration Act of 2002, S 848,
the Social Security Number Misuse Prevention Act of 2001, and S 1742,
the Restore Your Identity Act of 2001. However, all three
bills were held over. |
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| DOJ Recommends Approval of
Verizon's Maine Long Distance Request |
4/25. The Department of Justice's (DOJ) Antitrust Division
released its evaluation recommending that the Federal Communications Commission
(FCC) approve Verizon's Section
271 application to provide in region interLATA service in
the state of Maine.
Charles James,
Assistant Attorney General in charge of the Antitrust
Division, stated in a release
that "Conditions in Maine local telecommunications
markets now appear favorable to fostering competition, ...
Competitors have made progress in penetrating the business
market in Maine, and the Department believes there are no
material obstacles to residential competition in Maine created
by Verizon." Verizon's Associate General Counsel Sarah
Deutsch stated in a release that "We are confident that
the FCC will also grant approval of our long-distance
application for Maine." |
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| Commerce Department
Official Addresses Cyber Security |
4/23. Under Secretary of Commerce Kenneth
Juster gave a speech
at a conference at Princeton University that was held to share
information and identify best practices for critical
infrastructure assurance and homeland security at the
community level. Juster addressed cyber security.
"Critical infrastructure assurance is an essential
element of our overall approach to homeland security."
Juster said that "critical infrastructures refer to those
industries, institutions, and distribution networks that
provide a continual flow of goods and services essential to
the nation’s defense and economic security, the functioning
of its government, and the welfare of its citizens."
He stated that "as a result of advances in information
and communications technology, there is a threat to critical
infrastructures that goes beyond that of physical attacks.
Each of the infrastructure sectors increasingly relies on
shared information systems and networks for its operations.
The very information systems and networks that facilitate
commerce also leave us increasingly vulnerable to a new type
of threat -- that of cyber attacks. And the interconnected
nature of our infrastructure sectors significantly magnifies
the consequences of service disruptions. Disturbances
originating locally or in one sector are more likely than ever
before to cascade regionally or nationally and affect multiple
sectors of the economy."
Juster addressed what the government role should be. He said
that "Our preferred approach is to promote market rather
than regulatory solutions in managing the risks posed to
critical infrastructures."
He elaborated that "Securing critical infrastructure must
therefore become as integral a part of a company's strategic
planning and operations as is marketing or product
development. Companies must institutionalize the process of
identifying critical assets, assessing their vulnerabilities,
and managing the risks associated with these vulnerabilities.
Security -- including cyber security -- is now essential to
business assurance and continuity. Corporate America cannot
outsource this function to federal, state, or local
government. And regulation cannot ensure proper implementation
of cyber security within complex organizations. In the final
analysis, only with the major contribution coming from the
private sector can we secure the national economy from the
threat of massive cyber based attacks."
Finally, he stated that "One of the biggest challenges
facing government and industry is not only securing our
critical assets, but working together to manage public and
market expectations so that terrorist attacks that may
temporarily damage our infrastructures do not result in
widespread disengagement from economic activity. In my view,
it is this disengagement, as much as – or perhaps more than
– the actual destruction of economic assets, that poses the
greatest risk to our national economic security. Economic
security, ultimately, is not about eliminating the risk of
terrorism, but about maintaining an orderly functioning
national economy notwithstanding terrorist attacks."
Juster is Under Secretary of Commerce for the Bureau of Industry and Security
(BIAS), which until recently was named the Bureau of Export
Administration (BXA). His speech was titled "Economic
Security and Community Leadership". The conference was
titled "Critical Infrastructures: Working Together in a
New World". It was hosted by Princeton University and
the National Institute
of Justice. |
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| Senate Subcommittee Holds
Hearing on Cyber Security Bills |
4/24. The Senate
Commerce Committee's Subcommittee on Science, Technology,
and Space held a hearing on S 2037,
a bill providing for the establishment of a national emergency
technology guard, and S 2182,
the Cyber Security Research and Development Act, a bill to
authorize funding for computer and network security research
and development and research fellowship programs.
Both bills are sponsored by Sen.
Ron Wyden (D-OR) and supported by Sen. George Allen (R-VA),
another member of the Subcommittee. S 2182 is the Senate
version of HR 3394,
sponsored by Rep.
Sherwood Boehlert (R-NY), which passed the House by a vote
of 400 to 12 on February 7.
Rep. Boehlert testified at the hearing that the Bush
Administration has already announced its support for HR 3394
and S 2182. Sen. Wyden stated at the hearing that he spoke
with Office of
Management and Budget (OMB) Director Mitch
Daniels on the morning of the hearing, and looked forward
to working with the Administration on S 2037. Sen. Wyden also
said that he hopes that both bills will be marked up by the
Senate Commerce Committee on May 16.
Sen. John Edwards
(D-NC), another member of the Subcommittee, also participated
in the hearing. He is the sponsor of his own cyber security
bills: S 1900,
the Cyberterrorism Preparedness Act of 2002, and S 1901,
the Cybersecurity Research and Education Act of 2002. S 1900
would authorize the appropriation of $70 Million in FY 2003
for grants to be administered by the National Institute of Standards
and Technology (NIST) "to support the development of
appropriate cyber security best practices, support long term
cyber security research and development, and perform functions
relating to such activities." S 1901 would authorize
appropriations for a cyber security graduate fellowship
program, and other educational programs.
Sen. Wyden suggested that there is much common ground and that
he will work with Sen. Edwards prior to the planned May 16
mark up. |
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| Hearing Addresses Cyber
Security Research and Education |
4/24. The Senate
Commerce Committee's Subcommittee on Science, Technology,
and Space discussed and heard testimony on S 2182
and HR 3394,
the Cyber Security Research and Development Act, at its April
24 hearing.
Sen. Ron Wyden (D-OR)
stated that the bill "seeks to build a foundation of
basic cyber security research and grow the ranks of scholars
who can devise innovative security defenses in years to come.
Since basic research is the soil out of which future cyber
security advances will grow, I believe the government should
support it. This legislation does so with a series of grants
through the [NIST and NSF]. The awards are designed to
encourage cutting edge research today, and to call more of
this nation's brightest scientific minds to study this problem
for the future."
Sen. John Edwards
(D-NC) stated that there are three principles that should
guide the Congress. First, it should promote cyber security
best practices, and require government agencies and government
contractors to adopt these. Second, grant making authority
should be moved outside of the government to a non profit
consortium. Third, the government should support academic
expertise in cyber security.
Rep. Sherwood Boehlert
(R-NY) testified that "the nation invests a pitifully
small amount in cyber security research, and that's true of
both government and industry funding. Government underinvests,
in part, because no single agency has responsibility for the
problem, and industry underinvests because the market has
generally not put a high value on security, compared with
speed, price and other attributes of software."
He also said the "as a result of the minimal investment,
few top researchers are engaged in cyber security research and
few students are attracted to the field. Third, as a result of
that minimal focus, our basic approach to cyber security
hasn't changed in decades, even though it is known to be
riddled with holes." See, prepared
testimony.
Industry, academic, and government witnesses who testified
offered their support for the proposal. See, prepared
statements of George
Strawn (National Science Foundation), Ronil
Hira (Institute of Electrical and Electronics Engineers), Lance
Hoffman (George Washington University), Jeffrey
Logan (M/A-COM), and Wyatt
Starnes (Tripwire).
George Strawn of the NSF stated that there is a "need for
cyber security R&D". He added that "Early
research and development work on the Internet, as with many IT
developments of the past, focused on ``making it work´´, not
necessarily on making it secure. And because cyber security is
a systems property, trying to add it on as an afterthought is
very problematic. It would be much better to recreate IT
systems with cyber security as a major design criteria than to
attempt to patch it in after the fact."
Strawn continued that "A major problem in developing a
robust cyber security research and development program is that
the number of faculty members doing research in cyber security
has been quite small. This is perhaps the most important
problem to be solved as we seek to increase the amount of long
term fundamental research in cyber security."
Summary of HR 3394 and S 2182. These companion bills
would authorize appropriations for a variety of research and
education projects. The bills contain new or additional
funding for five National
Science Foundation (NSF) programs. They would authorize
appropriations of $233 Million over 5 years to the NSF to make
"network security research grants". They would
authorize $144 Million over 5 years to the NSF to award to
universities "to establish multi disciplinary Centers for
Computer and Network Security Research." These programs
would fund research regarding "authentication and
cryptography; ... computer forensics and intrusion detection;
... reliability of computer and network applications,
middleware, operating systems, and communications
infrastructure; and ...privacy and confidentiality."
The bills would also authorize funding to be administered by
the NSF for training undergraduate university students ($95
Million), community college students ($6 Million), and
doctoral students ($90 Million) in cyber security fields.
The bills also authorize funding for programs at the National Institute of Standards
and Technology (NIST). One item authorizes $275 Million
for NIST to assist universities that partner with for profit
entities in long term, high risk, cyber security research.
Another item authorizes $32 Million for in house research at
NIST.
DMCA. Lance Hoffman, a professor in the Computer
Science Department at The George Washington University, added
that "I encourage you to re-examine laws that prohibit or
restrict computing technology instead of undesirable behavior.
DMCA like restrictions have the potential to cripple the very
security advancements that S 2037 and S 2182 are intended to
advance." Sen. Wyden responded, "I believe the DMCA
proposals may be a little bit too much." |
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| Senate Hearing Addresses
Net Guard Bill |
4/24. The Senate
Commerce Committee's Subcommittee on Science, Technology,
and Space discussed and heard testimony on S 2037,
the Science and Technology Emergency Mobilization Act.
Sen. Wyden stated that the bill "seeks to provide an
organizational structure to quickly locate and mobilize
private sector science and technology expertise in times of
crisis." Sen. George
Allen (R-VA) stated that the NET Guard "can play a
major role in preventing many of the problems that occurred
during the September 11 attacks." He added that the NET
Guard would tap into "a great depth and reservoir of good
will."
Rep. Sherwood
Boehlert (R-NY) stated that he supports this bill and
"We're working on introducing it in the House."
Industry and academic witnesses testified in support of the
bill, but also offered suggestions for changes.
Wyden stated that "Technology companies and individual
experts can become NET Guard volunteers simply by agreeing to
become part of a national database." Lance Hoffman of
George Washington University testified that there should also
be "background checks". Wyatt Starnes of Tripwire stated that
without checks, persons with malicious intent could become a
part of program, thus introducing new vulnerabilities.
Ronil Hira of the Institute of
Electrical and Electronics Engineers offered some
skepticism about the use of volunteers. He testified that
"communication and other technological systems can be
extremely complicated, requiring not only general knowledge of
the technical factors but also specific knowledge of the
system under stress. This may only be available in the company
and its vendors that installed the system originally.
Furthermore, if a local government has a sound disaster
recovery program, it may not be feasible, and may be counter
productive, to attempt to bring in teams that have not been
integrated into the established order."
George Strawn of the NSF said that the administration has no
position on this bill. |
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| 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 USPTO, 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 closes on April 19. Location: The
Academy for Educational Development Conference Center, 1825
Connecticut Ave., NW, 8th Floor.
10:00 AM. The FCC's
Technology Advisory Council will hold a meeting. See, FCC
notice and notice
in Federal Register. 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. |
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| 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 @fcba.org. Location:
Mintz Levin, 9th Floor, 701 Pennsylvania Avenue, NW. |
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| Tuesday, April 30 |
The U.S. Chamber of
Commerce will host an event titled Beyond Broadband:
Policy and Business Strategies for Next Generation
Applications and Services. FCC Chairman Michael Powell
will give the keynote luncheon address. The price to attend
ranges from $275 to $500. For more information, contact Liza Ratana at 202
463-5500.
Deadline to submit reply comments to the FCC in response
to its notice of proposed rulemaking regarding its unbundling
analysis under § 251
of the Communications Act and the identification of specific
unbundling requirements for incumbent local exchange carriers.
See, notice
in the Federal Register.
Deadline to submit requests to the USPTO's to speak
at its May 16 public hearing on its proposed plan to eliminate
the paper patent and trademark registration collections from
its public search facilities, and to transition to electronic
patent and trademark information collections. The USPTO is
seeking public comment on issues related to this proposed
plan. The USPTO is also seeking input on whether any
governmental entity or non-profit organization is interested
in acquiring the paper patent and trademark registration
collections to be removed from the USPTO's public search
facilities. See, notice
in Federal Register. |
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| Wednesday, May 1 |
10:00 AM. The House
Commerce Committee's Subcommittee on Oversight and
Investigations will hold a hearing on titled "Oversight
and Management of the Government Purchase Card Program".
Location: Room 2322, Rayburn Building.
11:00 AM. The Cato Institute
will host a panel discussion titled A Progress Report on
the HDTV Transition. The scheduled speakers are Mark Cuban
(HDNet), Thomas Hazlett (Manhattan Institute), Rick Chessen
(FCC), David Donovan (Association for Maximum Service
Television), Michael Calabrese (New America Foundation), and
Richard Wiley (Wiley Rein and Fielding). See, agenda and
online registration page. Location: 1000 Massachusetts
Avenue, NW.
12:00 PM. The FCBA will
host a luncheon. The speaker will be Charlie
Ergen, Ch/CEO of Echostar. The price is $45 for FCBA
members, $35 for government and student members, and $55 for
non-members. There will be a reception at 12:00 NOON. The
luncheon will begin at 12:30 PM. RSVP to Wendy Parish at wendy @fcba.org by Friday,
April 26. Location: Capital Hilton, 16th & K Streets.
Deadline to submit comments to the USTR
regarding U.S. negotiating objectives and the work program
launched at the Fourth Ministerial Conference of the WTO
in November at Doha. See, USTR
release and notice
in the Federal Register.
Extended deadline for submitting comments to the Treasury Department regarding
its study of information sharing practices among financial
institutions and their affiliates. See, notice
in Federal Register. |
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| Thursday, May 2 |
8:30 - 10:00 AM. The American
Enterprise Institute (AEI) will host a press breakfast
titled "Telecommunications and Media Issues" with
former FCC Commissioner Harold Furchtgott- Roth and other AEI
scholars. RSVP to Veronique Rodman at 202 862-4871 or vrodman @aei.org. Location:
AEI, 1150 17th Street, NW, 11th Floor Conference Room.
9:00 AM - 12:00 NOON. The Antitrust
Division of the Department of Justice and the FTC
will hold another in their series of hearings on antitrust and
intellectual property. This hearing is titled "Patent
Settlements: Efficiencies and Competitive Concerns". See,
agenda.
Location: Room 432, FTC, 600 Pennsylvania Ave., NW.
9:30 AM - 12:30 PM. The NIST
will hold a proposers' conference for its Advanced Technology Program
(ATP). See, notice
in Federal Register. Location: Gaithersburg Hilton, 620 Perry
Parkway, Gaithersburg, MD. |
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| More News |
4/25. The Securities and
Exchange Commission (SEC) announced that it "has
commenced a formal inquiry into market practices concerning
research analysts and the potential conflicts that can arise
from the relationship between research and investment
banking." See, SEC release.
4/25. The U.S. Patent and
Trademark Office (USPTO) held the first day of a two day
Copyright Conference. See, opening
remarks of USPTO Director James Rogan.
4/25. A group of competitive telecom and broadband service
providers wrote a letter
[PDF] to President Bush regarding broadband policy and the
Federal Communications Commission (FCC). They wrote that the
FCC "is now considering adopting one sided policies that
could squelch competition among local broadband providers and
recreate a monopoly for broadband services. The proposals
could deny competitors the opportunity to interconnect with
the Bell Company networks." They urged the President
"to refrain from picking broadband winners and losers and
changing the framework for broadband competition in the middle
of the game. Instead, we encourage you to focus on the demand
side of the equation while letting us compete fairly in the
broadband marketplace under the existing policies." |
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