The participants' descriptions of the initiative were long on superlatives, aspirations, and plans for expansion to other countries, but short on specifics. It will involve foreign aid grants from the U.S. Agency for International Development (USAID). A release from the White House press office stated that the estimated budget for the Senegal program over three years is $6.5 Million. It will also involve contributions from Cisco and HP, primarily in the form of training and "human capital", as opposed to free equipment and money.

While the initiative carries the description "digital freedom", the Bush administration announced nothing regarding freedom to communicate via the web, or freedom from barriers to electronic commerce or discriminatory taxation of e-commerce, internet access or computers. President of Senegal Abdoulaye Wade, who spoke by video, stated that there is a levy of "one dollar out of each purchase of a computer equipment" and one cent per phone call in Senegal.

USA Freedom Corps Director John Bridgeland described the initiative as "an effort to use information and communications technology to create growth and prosperity in the developing world".

Secretary Evans (at right) was the lead speaker at the launch event in an auditorium in the Eisenhower Building. He stated that Digital Freedom Initiative is "an exciting new model of how different parts of the federal government, the development community, the private sector, developing nations" can create wealth.

Evans also stated that he spoke with President Bush about this initiative. "He is very excited about its potential impact, for economic growth in Senegal, and across the globe. President Bush is firm in the belief that partnership with the developing world is a moral imperative for the United States of America."

Evans continued that "Our solution is free enterprise and free markets. We know that the miracle of capitalism is that in an environment of free enterprise the spirit of competition takes hold, leading to more innovation, which leads to economic growth, which leads to higher standards of living, which leads to quality of life, which leads to a world that lives peace and prosperity." He also spoke of the importance of "rule of law, transparency, human rights, and property rights".

Evans said that this Digital Freedom Initiative "will increase productivity, expand trade, and promote innovation. This initiative will be a catalyst for modern capitalism, real life changing democratic capitalism throughout the developing world."

He also said that he envisioned that farmers in Africa "will be able to negotiate the sale of their crops over the internet", that "teenagers in slums will have a chance to become web designers", and that "business incubators will connect entrepreneurs with expertise and capital all around the world".

Evans also said that this initiative will be expanded to 20 developing countries within 5 years. Senegal is just the pilot program.

Andrew Natsios, Administrator of USAID, said that this initiative in Senegal "will build on the country's already significant communications", including  cyber cafes. He predicted that more than 350,000 businesses will become involved.

Gaddi Vasquez, Director of the Peace Corps, said that the Peace Corps, which has placed over 3,000 volunteers in Senegal since its inception, "is a dynamic organization that designs its programs to meet the needs of its host countries". He that this initiative will provide additional resources to Peace Corps volunteers who are involved in information and communications technology training.

Henando de Soto, President of the Institute for Liberty and Democracy, and a professor from Peru, spoke about the importance of free markets, the rule of law, and property rights regimes. He argued that property rights are necessary, not only for the formation of capital, but also for information. When he spoke about property rights, he referenced financial assets and land.

Carly Fiorina, Chairman and CEO of Hewlett Packard, also spoke at the launch event. HP and Cisco are both "partners" in the Digital Freedom Initiative. She said that it is not enough for multinational corporations to send money and equipment to developing nations. She called for a "new model of involvement" that develops human resources and skills. "You can't just throw money and product into a community." She added that you need "people on the ground."

John Morgridge, Chairman of Cisco Systems, also spoke at the event. His comments mirrored those of Fiorina. He said that in the past Cisco has given away routers, but many "never left the box". He said that the most valuable asset is human capital, and to develop this requires training. Hence, he focused on how Cisco's internet based Cisco Networking Academies are teaching people in developing countries to build networks. He said that Cisco now has one academy in Senegal, and that it plans to expand this to ten by the end of the year.

The Bush administration's initiative is titled the "Digital Freedom Initiative". Participants at the administration's launch event and press conference afterwards identified freedom in terms of free markets, free enterprise and property rights. However, there are other concepts of digital freedom that the participants did not identify as components of this initiative.

For example, there was no discussion of freedom from trade barriers. The Office of the U.S. Trade Representative (USTR), which negotiates trade agreements on behalf of the President, endeavors to include provisions in bilateral and multilateral free trade agreements that reduce barriers to electronic commerce, and barriers to the provision of internet services. No one from the USTR participated in the launch event.

As another example, there was no discussion of the freedom of internet users to access web sites, to publish on the web, or to communicate via the internet. There is a similarly named initiative on Capitol Hill -- the Global Internet Freedom Act. It is sponsored by Rep. Chris Cox (R-CA), Rep. Tom Lantos (D-CA), and others. It was introduced in the 107th Congress as HR 5524. It was re-introduced in the current Congress as HR 48. The Senate version in the 107th Congress was S 3093, sponsored by Sen. Ron Wyden (D-OR) and Sen. Jon Kyl (R-AZ).

HR 48 states in its findings that "Intergovernmental, nongovernmental, and media organizations have reported the widespread and increasing pattern by authoritarian governments to block, jam, and monitor Internet access and content, using technologies such as firewalls, filters, and `black boxes´. Such jamming and monitoring of individual activity on the Internet includes surveillance of e-mail messages, message boards, and the use of particular words; `stealth blocking' individuals from visiting websites; the development of `black lists´ of users that seek to visit these websites; and the denial of access to the Internet ." It further finds that "The United States Government has thus far commenced only modest steps to fund and deploy technologies to defeat Internet censorship."

The bill would establish in the International Broadcasting Bureau an Office of Global Internet Freedom to "develop and implement a comprehensive global strategy to combat state-sponsored and state-directed Internet jamming, and persecution of those who use the Internet". The bill would also authorize the appropriation of $50 Million for each of the Fiscal Years 2003 and 2004.

In addition, the Republican House Policy Committee, which is chaired by Rep. Cox (at right), released a policy statement titled "Tear Down This Firewall" on September 19, 2002. It states that "Increasingly, non-democratic regimes around the world are denying their peoples unrestricted access to the Internet. Cuba, Laos, North Korea, the People’s Republic of China, Saudi Arabia, Syria, Tunisia, and Vietnam are the most notorious violators of Internet freedom. These governments, according to the U.S. State Department and such organizations as Human Rights Watch and Reporters Without Borders, are using methods of control that include denying their citizens access to the Internet, censoring content, banning private ownership of computers, and even making e-mail accounts so expensive that ordinary people cannot use them. These countries use firewalls, filters, and other devices to block and censor the Internet."

See also, story titled "AEI Panel Advocates ``Freeing the Chinese Internet´´", in TLJ Daily E-Mail Alert No. 416, April 23, 2002.

Neither Rep. Cox nor Rep. Lantos was present at the administration's "Digital Freedom Initiative" launch event.

TLJ spoke with Cisco Chairman Morgridge afterwards about the use of firewalls and proxy servers by governments to block access  to certain web sites. He said that the "Digital Freedom Initiative" does not address this. He added, "I would say that they are really going to struggle if they try to do it. They are going to have to be pretty smart." He also said that "the tighter you control it, the less it means to you as an asset, the less it means to your people, the less it means."

The bill would add a new subsection f to Section 42: "Notwithstanding the fees prescribed under subsections (a), (b), and (d) of section 41, and notwithstanding section 41(f) of this title and section 31 of the Trademark Act of 1946, the Director shall adjust the fees charged by the Office in each fiscal year so that the amount of fees collected by the Office in that fiscal year will equal, to the greatest extent practicable, the amount of funds appropriated to the Office for that fiscal year."

The bill was referred to the House Judiciary Committee. Rep. Rohrabacher is not a member.

The bill states in its findings that "The Government of Korea and the banks that it owns and controls have provided over $16 billion in financial assistance to Hynix Semiconductor" and that "Hynix Semiconductor is essentially a bankrupt entity that would not be able to obtain loans from commercial sources".

The bill provide that "Congress hereby directs the Secretary of Commerce and the United States Customs Service to immediately suspend liquidation on entries into the United States of dynamic random access memory (DRAM) semiconductors produced or imported by Hynix Semiconductor and to impose a cash deposit of estimated countervailing duties in the amount of 80 percent ad valorem on all such imports."

Micron Technology is based in the state of Idaho, which Sen. Craig represents. He stated in a release that "It is hard for me to be dispassionate about this issue, when I think of the 1,100 Micron workers who were laid off last week. It is infuriating that this happened because a foreign government is pursuing a calculated agenda to dump their product in this country long enough to drive our domestic producers out of business ... I am becoming convinced that the Korean government absolutely will not stop this unrelenting, illegal campaign of subsidization until Micron has been driven out of business. If they are successful, they will increase prices to ridiculous levels and tighten their chokehold on the U.S. high-tech equipment industry. I, for one, will not sit by and watch this happen without taking action."

Also on February 27, Sen. Mike Crapo (R-ID) introduced SConRes 11, which expresses "the sense of Congress regarding the Republic of Korea's continuing unlawful bailouts of Hynix Semiconductor Inc., and calling on the Republic of Korea, the Secretary of Commerce, the United States Trade Representative, and the President to take actions to end the bailouts."

Both items were referred to the Senate Finance Committee.

3/4. President Bush announced his intent to appoint Mark Forman to be Administrator of the Office of Electronic Government at the Office of Management and Budget (OMB). He is currently Associate Director for Information Technology and E-Government at OMB. See, White House release.

3/4. The U.S. District Court (DC) issued an opinion [PDF] in Pro-Football Inc. v. Susan Harjo, No. 99-1385. This memorandum opinion is solely on the issue of pre-trial discovery regarding the value of a trademark and the financial effect cancellation of the mark may have on a franchise.

3/4. The Federal Communications Commission (FCC) announced that it entered into a Consent Decree with the Verizon under which Verizon admitted that it violated a federal ban on marketing long distance services in its local service region prior to receiving FCC Section 271 authorization. Verizon agreed to pay a $5.7 Million fine. See, FCC release and statement of FCC Chairman Michael Powell. See also, Order approving a Consent Decree, adopted February 28, 2003, and released on March 4, 2003.

3/4. The National Institute of Standards and Technology (NIST) published a notice in the Federal Register stating that it proposes to withdraw seventeen Federal Information Processing Standards (FIPS). The list of FIPS publications proposed for withdrawal includes FIPS 73, Guidelines for Security of Computer Applications; FIPS 83, Guideline on User Authentication Techniques for Computer Network Access Control; FIPS 102, Guideline for Computer Security Certification and Accreditation; FIPS 112, Password Usage; and FIPS 127-2, Database Language SQL (ANSI X3.135-1992). Comments are due by June 2, 2003. See, Federal Register: March 4, 2003, Vol. 68, No. 42, at Pages 10204-10205.

3/4. The General Accounting Office (GAO) released a report [69 pages in PDF] titled "Information Technology Training: Practices of Leading Private-Sector Companies".

The bill, which he introduced on February 27, provides that the FCC "shall modify section 73.3555 of its regulations (47 C.F.R. 73.3555) by eliminating any provisions limiting the granting or renewal of an AM or FM radio or television broadcast station license to any party (including parties under common control) on the basis of the ownership, operation, or control by such party of a daily newspaper."

The bill also affects the network television ownership cap. It provides that "Section 202(c)(1)(B) of the Telecommunications Act of 1996 is amended by striking `35 percent´ and inserting `45 percent´."

The bill also revises the FCC rule regarding local television multiple ownership. It requires the FCC "to permit a person or entity to directly or indirectly own, operate, or control two television stations in the same designated market area if (1) the grade B contours of such stations do not overlap; or (2) the grade B contours of such stations do overlap and at least 6 independent broadcast or cable television voices would remain in the designated market area after the transfer of ownership, operation, or control of the license of the stations in question." It also specifies how the FCC is to determine the number of independent voices.

The bill was referred to the House Commerce Committee, of which Rep. Stearns is a senior member. HR 1035 is a revised version of a bill that Rep. Stearns introduced in the 107th Congress -- HR 2536.

On March 4, Federal Communications Commission (FCC) Commissioners Michael Copps and Jonathan Adelstein announced the agenda for another field hearing on FCC media ownership rules. This one will be held in Seattle, Washington, on March 7, 2003. See, release.

POSTPONED. 9:30 AM. The Senate Judiciary Committee will hold a hearing on judicial nominations. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Finance Committee will hold a hearing on the Bush administration's trade agenda. Location: Room 215, Dirksen Building.

2:00 PM. Rep. Bob Goodlatte (R-VA), Rep. Rick Boucher (D-VA), Rep. James Moran (D-VA), and others, will hold a press conference to announce the introduction of a class action reform bill. For more information, contact Elyse Bauer (Goodlatte) at 202-225-3329 or Amanda Potter (Boucher) at 202-225-3861. Location: Room 2237, Rayburn Building.

The Supreme Court will hear oral argument in U.S. v. American Library Association, No. 02-361. This is the CIPA case.

Deadline to submit reply comments to the Copyright Office (CO) in response to its notice of proposed rulemaking (NPRM) regarding the form, content, and manner of service of notices of termination under Section 203 of the Copyright Act. 17 U.S.C. § 203 pertains to the termination of transfers and licenses granted by the author. See, notice in the Federal Register, December 20, 2002 Vol. 67, No. 245, at Pages 77951 - 77955. For more information, contact David Carson, CO General Counsel, at 202 707-8380.

Day one of a three day conference hosted by the International Economic Development Council (IEDC) titled "Annual Economic Development Summit". See, program. Location: Washington Hilton.

Day two of a three day conference titled "Securing Your Cyber Frontier Through Awareness, Training and Education" hosted by the National Institute of Standards and Technology (NIST) and the Federal Information Systems Security Educators' Association (FISSEA). See, conference web site. Location: The Hilton Hotel, 8727 Colesville Road, Silver Spring, MD.

9:30 AM. The Senate Commerce Committee will hold a hearing on the Federal Communications Commission's (FCC) Spectrum Policy Task Force's (SPTF) report and spectrum issues. The scheduled witnesses include Steven Berry (Cellular Telecommunications and Internet Association), Kevin Kahn (Intel), Paul Kolodzy (former Chair of the FCC SPTF), Gregory Rosston (Stanford), Michael Calabrese (New America Foundation). Location: Room 253, Russell Building.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. See, notice. Location: Room 226, Dirksen Building.

9:30 AM - 1:30 PM. The Communitarian Network will host a conference titled "Improving Identification: Enhancing Security, Guarding Privacy". See, agenda. Location: Room 188, Russell Building.

10:00 AM. The House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing titled "Copyright Piracy Prevention and the Broadcast Flag". Webcast. Location: Room 2237, Rayburn Building.

10:00 AM - 12:00 PM. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet. A notice in the Federal Register states that the purpose of this meeting is "to begin preparations for the meeting of the ITU Telecommunications Development Advisory Group, which will take place March 19-21, 2003 in Geneva, Switzerland", and/or "to prepare for the 2003 meeting of the Telecommunications Development Advisory Group (TDAG)". The notice also states requirements for admission. See, Federal Register, February 6, 2003, Vol. 68, at Page 6250. Location: State Department.

12:00 NOON. The Congressional Internet Caucus Advisory Committee will host a panel discussion on online privacy issues. The topics will include "whether online and offline collection should be treated the same, federal preemption, private rights of action and the impact of the Fair Credit Reporting Act and Gramm Leach Bliley debates." To attend, RSVP to rsvp@netcaucus.org or 202 638-4370. Lunch will be served. Location: Reserve Officers Association, 1st and Constitution, NE.

3:30 PM. Graeme Dinwoodie (Professor of Law, Chicago Kent College of Law, Illinois Institute of Technology) will give a lecture titled "Internationalizing Intellectual Property Law: Soft Law, Soft Power and Other Mechanisms". For more information, contact Julie Cohen at jec@law.georgetown.edu. Location: Georgetown University Law Center, Faculty Lounge, 600 New Jersey Ave., NW.

Day two of a three day conference hosted by the International Economic Development Council (IEDC) titled "Annual Economic Development Summit". See, program. Location: Washington Hilton.

Day three of a three day conference titled "Securing Your Cyber Frontier Through Awareness, Training and Education" hosted by the National Institute of Standards and Technology (NIST) and the Federal Information Systems Security Educators' Association (FISSEA). See, conference web site. Location: The Hilton Hotel, 8727 Colesville Road, Silver Spring, MD.

Day three of a three day conference hosted by the International Economic Development Council (IEDC) titled "Annual Economic Development Summit". See, program. At 10:00 AM, there will be a panel discussion titled "Technological Innovation". The scheduled speakers include Chris Israel (Deputy Assistant Secretary of Commerce for Technology Policy, Technology Administration), Marc Stanley (Acting Director, Advanced Technology Program, Technology Administration), and Bill Brundage (Commissioner, Office for the New Economy, State of Kentucky). Location: Washington Hilton.

9:00 AM. The General Services Administration (GSA) will hold a public meeting the implementation of Section 211 of the E-Government Act of 2002. The GSA published a notice of proposed rulemaking in the Federal Register, January 23, 2003, Vol. 68, No. 3220, at Pages 3220-3225. Section 211 authorizes the Administrator of GSA to provide for the use by States or local governments of its Federal Supply Schedule for "automated data processing equipment (including firmware), software, supplies, support equipment, and services ..." See, notice of meeting in Federal Register, February 21, 2003, Volume 68, No. 35, at Page 8486-8487. Location: 1931 Jefferson Davis Highway, Crystal Mall Building 3, Room C-43, Arlington, VA. The closest Metro station is Crystal City.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in United Church of Christ v. FCC, No. 02-1039. Judges Randolph, Rogers and Williams will preside. Location: 333 Constitution Ave., NW.

9:30 AM - 4:30 PM. The Consumer Electronics Association (CEA) will host a conference titled "Surmounting the HDTV Summit". See, schedule and information and registration page. Location: Renaissance Washington Hotel.

2:00 PM. The Information Technology Association of America (ITAA) will host a webcast event titled "RIAA's Litigation Against Verizon". The speaker will be Sarah Deutsch, VP and Associate General Counsel of Verizon Communications. See, registration page. For more information, contact Mark Uncapher at muncapher@itaa.org. On January 21, 2003, the U.S. District Court (DC) issued its opinion in RIAA v. Verizon, ruling that copyright holders can obtain subpoenas pursuant to 17 U.S.C. § 512(h) that require ISPs to reveal the identities of their customers who infringe copyrights on peer to peer filing sharing systems. Verizon had argued that 512(h) subpoenas were only available with respect to infringers who stored infringing content on the servers of the ISP. See also, TLJ story titled "District Court Rules DMCA Subpoenas Available for P2P Infringers", January 21, 2003.

Extended deadline to submit reply comments to the Copyright Office (CO) in response to its current rulemaking proceeding concerning exemptions to the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). Initial comments proposing exemptions for specific classes of works were due by December 18, 2002. Reply comments were due February 19. Static Control Components (SCC) filed a late petition [14 pages in PDF] requesting that the CO also consider the following additional proposed exemptions in its pending rulemaking proceeding: "1. Computer programs embedded in computer printers and toner cartridges and that control the interoperation and functions of the printer and toner cartridge 2. Computer programs embedded in a machine or product and which cannot be copied during the ordinary operation or use of the machine or product 3. Computer programs embedded in a machine or product and that control the operation of a machine or product connected thereto, but that do not otherwise control the performance, display or reproduction of copyrighted works that have an independent economic significance." The CO granted this petition and extended the deadline. See, the CO's original Notice of Inquiry in the Federal Register, October 15, 2002, Vol. 67, No. 199, at Pages 63578-63582, and notice of extension in the Federal Register, February 10, 2003, Vol. 68, No. 27, at Pages 6678-6679.

9:00 AM - 3:45 PM. The National Institute of Standards and Technology's (NIST) Advanced Technology Program Advisory Committee will meet. See, notice in the Federal Register, February 28, 2003, Vol. 68, No. 40, at Page 9638. Location: NIST, Administration Building, Lecture Room B, Gaithersburg, Maryland.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Ranger Cell v. FCC, No. 02-1093. Judges Ginsburg, Edwards and Garland will preside. Location: 333 Constitution Ave., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Legislative Committee will host a reception for members of the House and Senate Commerce Committees. See, registration form [PDF] for prices. Location: Room 106, Dirksen Building.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking, (FNPRM), released last month, regarding whether providers of various services and devices not currently within the scope of the FCC's 911 rules should be required to provide access to emergency services. This is CC Docket No. 94-102 and IB Docket No. 99-67. See, notice in the Federal Register, January 23, 2003, Vol. 68, No. 15, at Pages 3214 - 3220, and notice of extension.