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July 12, 2002, 9:00 AM ET, Alert No. 468.
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House Commerce Committee Adds Cyber Security Program to Homeland Security Bill
7/11. The House Commerce Committee amended and approved those portions of HR 5005, the Homeland Security Act, that may fall within its jurisdiction. The Committee approved its Committee Print [PDF] by a unanimous voice vote.
This version of the bill adds new cyber security responsibilities for the Under Secretary for Information Analysis and Infrastructure Protection of the new Department of Homeland Security (DHS). It creates an Under Secretary for Research, Development, and Technology Systems. It transfers the Computer Security Division to the DHS. And, it leaves out any reference to the creation of any new Freedom of Information Act exemption.
Cyber Security. The version of the bill approved by the Committee contains additional language in Title II, which pertains to information analysis and infrastructure protection. It adds a new Section 205, titled "Federal Cybersecurity Program".
Rep. Billy Tauzin (R-LA), the Chairman of the Committee, stated that this "will be a resource to other Federal agencies to help identify and correct weaknesses in critical Federal computer systems." He said that it was drafted with input from Rep. Heather Wilson (R-NM), Rep. Jane Harman (D-CA), and others.
This section provides that "The Secretary, acting through the Under Secretary for Information Analysis and Infrastructure Protection, shall establish and manage a program to improve the security of Federal critical information systems ..."
It further provides that the duties under this section are "(1) to evaluate the increased use by civilian executive agencies of techniques and tools to enhance the security of Federal critical information systems, including, as appropriate, consideration of cryptography; (2) to provide assistance to civilian executive agencies in protecting the security of Federal critical information systems, including identification of significant risks to such systems; and (3) to coordinate research and development for critical information systems relating to supervisory control and data acquisition systems, including, as appropriate, the establishment of a test bed."
This new section also provides that "the Secretary shall establish, manage, and support a Federal information system security team whose purpose is to provide technical expertise to civilian executive agencies to assist such agencies in securing Federal critical information systems by conducting information security audits of such systems, including conducting tests of the effectiveness of information security control techniques and performing logical access control tests of interconnected computer systems and networks, and related vulnerability assessment techniques."
FOIA Exemption. Section 204 of the bill, as introduced, provides, in full, that "Information provided voluntarily by non-Federal entities or individuals that relates to infrastructure vulnerabilities or other vulnerabilities to terrorism and is or has been in the possession of the Department shall not be subject to section 552 of title 5, United States Code." The version passed by the House Commerce Committee leaves out this section.
Rep. John Shimkus (R-IL) said that "freedom of information might be a freedom to publish, which might be a freedom to target. And I think that that is a valid concern, especially as we talk about cyber security, in working with corporate entities."
Rep. Billy Tauzin (R-LA), the Chairman of the Committee, then explained the reason that Section 204 is not in the committee version of the bill. He said that there is concern "about publishing unnecessary road maps for those who might want to harm this country." He then said that "we understand that the administration is working with the House in regards to that issue, and we will have language for us by the time we get to the floor. And, I suspect, we will have a chance to revisit this at the proper time. The gentleman's concerns are indeed valid."
Harman Amendment. Rep. Jane Harman (D-CA) offered, but withdrew, an amendment that would have established a single point of entry at the new DHS for private sector entities with commercial technologies for homeland security.
Her amendment would have amended Title III of the bill, pertaining to research and development. Specifically, it would have amended Section 301, which lists the responsibilities of the Under Secretary for Research, Development, and Technology Systems, by adding a new paragraph 8.
Her amendment provides that the Under Secretary shall have responsibility for "serving as a single point of entry for private sector entities with commercial technologies for homeland security, through which the Secretary -- (A) identifies homeland security commercial technological needs and capabilities to improve federal, state, or local homeland security activities; (B) reviews solicited and unsolicited homeland security commercial technology proposals; (C) directs homeland security commercial technology proposals to appropriate Federal entities for additional review, purchase, or use; and (D) advises the Secretary on the development or streamlining of homeland security procurement policies."
Computer Security Division. President Bush's original proposal provided for the transfer of the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) to the new DHS. On July 10, the House Science Committee (HSC), passed a version of the bill that would keep the CSD at the NIST. The House Commerce Committee's bill follows the President's proposal of transferring the CSD to the DHS. The Computer & Communications Industry Association (CCIA) and Members of Congress who are active on technology issues have opposed transferring the CSD to the DHS.
Markey Amendments. Much of the time at the two hour mark up was devoted to consideration of an amendment offered by Rep. Ed Markey (D-MA) regarding radioactive materials. After a lively and lengthy debate, it was ultimately ruled not germane to the underlying bill.
Rep. Markey also offered, but withdrew, a second amendment [PDF] that would have added a new Section 206 to provide that "The Secretary shall require that the private sector provide at least 50 percent of the costs of private sector compliance with Federal requirements with respect to the security of critical infrastructure owned and operated by the private sector."
Select Committee Holds Hearing on Homeland Security Act
7/11. The House Select Committee on Homeland Security held a hearing on HR 5005, the Homeland Security Act. Secretary of State Colin Powell, Secretary of Defense Donald Rumsfeld, Secretary of Treasury Paul O'Neill, and Attorney General John Ashcroft testified in support of the creation of the new Department of Homeland Security.
See, prepared testimony of witnesses: Colin Powell, Paul O'Neill, Paul Wolfowitz (Deputy Secretary of Defense), and John Ashcroft. See also, prepared statements of Committee members: Rep. Dick Armey
(R-TX), Rep. Tom DeLay (R-TX), Rep. J.C. Watts (R-OK), Rep. Deborah Pryce (R-OH), Honorable Rob Portman (R-OH), Rep. Nancy Pelosi (D-CA), Rep. Martin Frost (D-TX), Rep. Robert Menendez (D-NJ), Rep. Rosa DeLauro (D-CT).
Rep. Tauzin Writes Powell Re Waiver of UWB Rules for GPR
7/11. Rep. Billy Tauzin (R-LA), the Chairman of the House Commerce Committee, and six other members of the Committee, wrote a letter to Federal Communications Commission (FCC) Chairman Michael Powell regarding FCC rules affecting ground penetrating radar.
The seven Congressmen wrote "to express our strong concerns regarding the consequences of the recent FCC revision of Part 15 of the Commission's rules regarding ultra wideband (UWB) transmission systems (FCC 02-48 released April 22, 2002).  Specifically, the new rules could have the effect of eliminating numerous existing businesses that employ Ground Penetrating Radar (GPR). In order to prevent this, we believe that the FCC should immediately provide a blanket waiver for the manufacture and operation of GPR equipment at the Class B emissions limit with no other restrictions."
They also pointed out that "By its very nature, GPR is pointed at the ground (not into the air) for limited periods of time, thus making any interference unnoticeable."
See, FCC's First Report and Order [118 pages in PDF] in the proceeding titled "In the matter of Revision of Part 15 of the Commission’s Rules Regarding Ultra Wideband Transmission Systems", and numbered ET Docket 98-153.
House Passes Enterprise Integration Act
7/11. The House passed HR 2733, the Enterprise Integration Act, by a vote of 397-22. See, Roll Call No. 293. It would authorize the National Institute of Standards and Technology (NIST) to work with major manufacturing industries on an initiative of standards development and implementation for electronic enterprise integration.
The bill's sponsor, Rep. James Barcia (D-MI), stated that the bill "will lead to dramatically shortened design cycle times and reduce the costs of manufacturing complex products. Information on design flaws will be instantly transmitted from repair shops to manufacturers and their supply chains. Companies will be able to exchange information of all types with their suppliers at the speed of light."
The bill also authorizes the appropriation of $47 Million over four years to the NIST.
Powell Pressures Consumer Electronics Industry on DTV Transition
7/11. Federal Communications Commission (FCC) Chairman Michael Powell released a statement on DTV transition. He wrote that "In April I challenged several industries to take specific steps to move the DTV transition forward. The plan challenged major broadcast and cable networks to create more compelling digital content, equipment manufacturers to produce more television sets with digital tuners, and broadcasters, cable operators and satellite providers to make digital content more accessible to consumers." See, Chairman Powell's April statement [PDF].
He continued that "Virtually every industry -- cable, broadcast and satellite -- has either fully embraced my plan, or made real commitments to advance the transition. I deeply appreciate these efforts."
However, he added that "The missing piece of the DTV puzzle is the consumer electronics industry. We have not yet received a final response from the manufacturers on the phased-in inclusion of DTV tuners in new sets. I hope they will join their industry colleagues and come forward with real and tangible commitments to advance the transition."
NTIA Director Addresses Broadband, Spectrum and ICANN Issues
7/11. Nancy Victory, head of the National Telecommunications and Information Administration (NTIA), gave speech at the GBDe Sherpa meeting in Washington DC in which she addressed broadband, spectrum management and ICANN reform.
She again addressed the theme that rights of way obstacles are delaying broadband deployment. She said that "The Administration has also been working to identify and eliminate unnecessary government impediments to broadband competition and deployment. One issue where NTIA is taking the lead is on rights of way management. This is one issue where all sectors of the broadband industry -- Bell Operating Companies, CLECs, cable providers, overbuilders, and wireless providers -- actually share the same point of view. All participants are concerned that restrictions by certain municipalities and federal government landowners on accessing public rights of way and tower sites might be inhibiting or at least delaying broadband network construction."
She also predicted that "the FCC will be taking action in one or all of the broadband proceedings by the end of the year."
She next addressed spectrum management by the NTIA and other federal agencies. She said that the various government agencies must work collaboratively, and "develop policies that encourage spectrum efficiency".
She also said that government "must establish forward looking policies that enable technological advances and eliminate legacy regulations that stand in the way of innovation", such as "creating secondary markets that would permit parties to ``lease´´ their spectrum to others", and unlicensed spectrum bands.
She also stated that ICANN should focus on core DNS management responsibilities. She said that "ICANN was formed by private sector interests in 1998 to bring more coordination and sustainability to the domain name management system, as the Internet grew into a large-scale global network. The Department entered into a Memorandum of Understanding with ICANN to carry out these functions. Recently, there have been calls for ICANN to review its mission, structure and processes for their efficacy and appropriateness in light of the needs of today's Internet. ICANN itself has initiated its own process of reform. The Department believes these discussions are healthy and essential to ensuring the best path for stable and secure Internet management in the future. My goal is to ensure that ICANN reforms take place in a timely manner, are focused on core DNS management activities, and instill confidence and legitimacy in ICANN's operations."
Also, on July 8, Michael Gallagher, Deputy Director of the NTIA, gave a speech at a Center for Strategic and International Studies event on spectrum management. He addressed government management, Third Generation wireless services, ultra wide band, receiver standards, introduction of some market like approaches, and the international spectrum management process.
People and Appointments
7/11. The Senate Commerce Committee scheduled a hearing for Jonathan Adelstein, Senate Majority Leader Tom Daschle's (D-SD) choice to be a Commissioner of the Federal Communications Commission (FCC). The hearing will be held on Tuesday, July 16 at 2:30 PM.
7/11. Alden Adkins was named Associate Director of the Securities and Exchange Commission's (SEC) Division of Market Regulation. He succeeds Belinda Blaine, who left the SEC last month. He previously worked for the law firm of Bingham McCutchen. Before that, he worked for the National Association of Securities Dealers. And before that, he worked at the SEC. See, SEC release. (Bingham Dana, a Boston based firm, and McCutchen Doyle, a California firm, merged on July 1, 2002 to form Bingham McCutchen. See, release [PDF].)
7/11. President Bush nominated Alia Ludlum to be a judge of the U.S. District Court for the Western District of Texas. See, White House release. She is a former prosecutor. She is currently a U.S. Magistrate Judge in Del Rio, Texas.
More News
7/10. The House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection amended and approved HR 5058, The Financial Accounting Standards Board Act. The Subcommittee approved an En Bloc Amendment offered by Rep. Clifford Stearns (R-FL), as amended by and amendment by Rep. John Dingell (D-MI).
7/11. Rep. Mike Oxley (R-OH), Chairman of the House Financial Services Committee, wrote a letter [PDF] to Michael Powell, Chairman of the Federal Communications Commission (FCC) regarding FCC oversight of WorldCom and other telecommunications carriers.
7/11. The Federal Communications Commission's (FCC) Daily Digest for July 11 states that the FCC's Office of Plans and Policy (OPP) released OPP Working Paper No. 36 titled "The Potential Relevance to the United States of the European Union's Newly Adopted Regulatory Framework for Telecommunications". However, the provided hyperlink [PDF] is not active. For more information, contact the author, Scott Marcus, at 202 418-0611.
Friday, July 12
The House will meet at 9:00 AM for legislative business. No votes are expected after 6:00 PM.
10:00 AM. Hearing before the U.S. District Court (EDVa) in Washington Post v. Gator on the Washington Post's motion for preliminary injunction. Plaintiffs allege web based copyright infringement in their complaint [99 pages in PDF] and Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction [35 pages in PDF]. Tape recorders and cameras are prohibited in the courtroom. Location: Room 800, 8th Floor, Albert Bryan Courthouse, 401 Courthouse Square, Alexandria, VA.
12:00 NOON. The Cato Institute will host a briefing titled Profiling and National IDs: Security and Freedom in a Free Society. The speakers will be Charlotte Twight (author of Dependent on D.C.: The Rise of Federal Control over the Lives of Ordinary Americans), Robert Levy (Cato), and Timothy Lynch (Cato). See, registration page. Lunch will follow. Location: Room B-354, Rayburn Building.
12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a panel discussion titled When Wireless Grows Up: Mandates vs. Markets for a ‘Mature’ Industry. The scheduled speakers include Rudy Baca (Precursor Group), Steven Berry (CTIA) and Kevin Krufky (office of Sen. Sam Brownback). See, PFF notice. To register, contact Rebecca Fuller at 202 289-8928 or Location: Room B340, Rayburn Building.
Saturday, July 13
Day one of four of the National Association of Patent Practitioners' (NAPP) annual meeting. See, registration and information page. Location: Wyndam Washington DC, 1400 M Street, NW.
Monday, July 15
12:30 PM. Larry Mefford (Assistant Director, FBI Cyber Division) will give a speech. Pre-registration is required to attend; contact Kristin Woolley at 703 284-5323 or kwoolley Location: Oracle Corporation, 1910 Oracle Way, Reston, VA.
Day three of four of the National Association of Patent Practitioners' (NAPP) annual meeting. See, registration and information page. At 9:00 AM, Steve Kunin (Deputy Commissioner for Patent Examination Policy) will speak. At 10:00 AM, Robert Clarke (Office of Patent Legal Administration) will speak on Section 102(e). At 12:15 PM, Nicholas Godici (Commissioner of Patents) will give the luncheon address. Location: Wyndam Washington DC, 1400 M Street, NW. 
Tuesday, July 16
9:30 AM. The FCC will hold a meeting. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).
LOCATION CHANGE. 10:00 AM. The Senate Banking Committee will hold a hearing. Federal Reserve Board Chairman Alan Greenspan will deliver his semi annual report on monetary policy. See also, media advisory regarding procedures for covering this hearing. Press contact: Jesse Jacobs at 202 224-1654. Location: Room 216, Hart Building.
10:00 AM. The Senate Finance Committee will hold a hearing to examine homeland security and international trade issues. Location: Room 215, Dirksen Building.
2:00 PM. The Senate Judiciary Committee's Subcommittee on Administrative Oversight and the Courts will hold a hearing to examine the FBI's computer hardware problems. Press contact: Mimi Devlin at 202 224-9437. Location: Room 226, Dirksen Building.
2:30 PM. The Senate Commerce Committee will hold a hearing on the nomination of Jonathan Adelstein to be a FCC Commissioner. Location: Room 253, Russell Building.
Deadline to submit reply comments to the FCC regarding its Notice of Proposed Rulemaking regarding the consequences of the FCC's classification of cable modem service as an information service. This is CS Docket No. 02-52. See, FCC release [PDF] and notice in Federal Register.
Wednesday, July 17
9:30 AM. The Senate Commerce Committee will hold a hearing on legislation to authorize funding for the FTC. Location: Room 253, Russell Building.
10:00 AM. Federal Reserve Board Chairman Alan Greenspan will testify before the House Financial Services Committee. He will deliver his semi annual report on monetary policy. See, notice. Location: Room 2128, Rayburn Building.
12:00 NOON. The Congressional Internet Caucus Advisory Committee will host a luncheon. The scheduled speakers include Richard Clarke (Special Advisor to the President for Cyberspace Security) and Kathleen Abernathy (FCC Commissioner). An RSVP is required to attend. Contact either or call Danielle at 202-638-4370. Location: Reserve Officers Association, 1st and Constitution, NE.
1:00 - 4:00 PM. The Department of Commerce's (DOC) Technology Administration will host a workshop on digital entertainment and its availability to consumers. Phil Bond (Under Secretary of Commerce for Technology) and James Rogan (Director of the USPTO) will co-host the event. For more information, contact Chris Israel, Deputy Assistant Secretary for Technology Policy, at 202 482-5687. See, notice in the Federal Register, July 3, 2002, Vol. 67, No. 128, at Page 44597. Location: Room 4830, Hoover Building, 1401 Constitution Ave., NW.
Extended 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, May 29 order [PDF] extending deadline from June 5 to July 17. See also, notice in the Federal Register. This is CC Docket No. 01-338.
Thursday, July 18
9:30 AM. The House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Are All Online Travel Sites Good for the Consumer: An Examination of Supplier Owned Online Travel Sites". See, notice. Webcast. Location: Room 2123, Rayburn Building.
2:30 PM. The Senate Commerce Committee will hold a hearing on the nominations of Kathie Olsen and Richard Russell to be Associate Directors of the Office of Science and Technology Policy. Location: Room 253, Russell Building.
Deadline to submit comments to the FCC in response to its request for comments on the FCC's Office of Plans and Policy's (OPP) Working Paper No. 35 [PDF], titled "Horizontal Concentration in the Cable Television Industry: An Experimental Analysis" authored by Mark Bykowsky, Anthony Kwasnica and William Sharkey. See, Public Notice [PDF].
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