|Bush Picks Frank Libutti for Key Tech Position
3/20. President Bush announced his intent to nominate Frank Libutti to be
Under Secretary for Information Analysis and Infrastructure Protection at the
new Department of Homeland Security (DHS).
Libutti is currently the New York City Police Department's Deputy Commissioner
of Counter Terrorism. He was previously Special Assistant for Homeland Security
at the Department of Defense (DOD). See,
Libutti (at right)
recently retired from the U.S. Marine Corps, with the rank of Lieutenant
General. His Marine Corps
biography reflects a long and distinguished career of military service. It does not
reflect a background in information or communications technology.
The Homeland Security Act of 2002,
(107th) and Public Law No. 107-296, creates two directorates, both headed by an
Under Secretary, that have science and technology responsibilities. First, there
is the Title II Directorate for Information Analysis and Infrastructure
Protection, which has primary responsibility for information sharing and cyber
security matters. Title II also creates the positions of Assistant Secretary for
Infrastructure Protection and Assistant Secretary for Information Analysis. Second,
there is the Title III Directorate for Science and Technology, which
has primarily responsibility for chemical, biological, radiological, and nuclear
threats. However, the responsibilities of the Title III Directorate include
supporting the Title II Directorate "by assessing and testing homeland security
vulnerabilities and possible threats".
Libutti has been picked to head the Title II Directorate. Robert Liscouski and
Paul Redmond were previously nominated for the two
Title II Assistant Secretary positions. Charles McQueary was previously named to head the
Title III directorate.
Section 201 of the Homeland Security Act provides that "the responsibilities
of the Under Secretary for Information Analysis and Infrastructure Protection
shall" include, in addition to information analysis and sharing
responsibilities, the following:
"To develop a comprehensive national plan for securing the key resources and
critical infrastructure of the United States, including power production,
generation, and distribution systems, information technology and
telecommunications systems (including satellites), electronic financial and
property record storage and transmission systems, emergency preparedness
communications systems, and the physical and technological assets that support
"To establish and utilize, in conjunction with the chief information officer
of the Department, a secure communications and information technology
infrastructure, including data-mining and other advanced analytical tools, in
order to access, receive, and analyze data and information in furtherance of the
responsibilities under this section, and to disseminate information acquired and
analyzed by the Department, as appropriate."
"To ensure, in conjunction with the chief information officer of the
Department, that any information databases and analytical tools developed or
utilized by the Department -- (A) are compatible with one another and with relevant
information databases of other agencies of the Federal Government; and (B) treat
information in such databases in a manner that complies with applicable Federal
law on privacy."
See also, story titled "Bush Fills More Tech Positions at DHS", TLJ Daily
E-Mail Alert No. 623, March 14, 2003, and story titled "Bush To Nominate
McQueary for Science and Technology Position at DHS",
TLJ Daily E-Mail
Alert No. 581, January 13, 2003.
|FCC Releases Report on Telecommunications
3/20. The Federal Communications
Commission (FCC) released a
report [huge PDF file] titled "Telecommunications Industry Revenues". The
report states that total telecommunications services revenues increased by 3%
from 2000 to 2001.
The revenues of the wireless industry grew by 20%. The revenues
of competitive local telephone companies grew 36%.
Toll service revenues declined 9%. Incumbent local exchange carrier (ILEC)
revenues increased 1%.
This report contains data for 2001, and historical data from
previous years. This annual report is based upon data filed by carriers
on FCC Form 499-A (Telecommunications Reporting Worksheet), FCC Form 457
(Universal Service Worksheet), or FCC Form 431 (TRS Fund Worksheet).
This report also contains preliminary data on 2002, based upon
FCC Form 499-Q, which is incomplete data. This data shows continued growth in the
wireless industry, and for competitive local telephone companies. This data also
shows declines for ILECs and toll service.
The report was written by Jim Lande and Kenneth Lynch of the
Industry Analysis & Technology Division of the Wireline Competition Bureau.
|People and Appointments
3/20. EDS announced that Michael H.
Jordan is its new Ch/CEO, replacing Richard Brown, and Jeffrey
Heller is its new P/COO, effective immediately. See,
3/20. Uttam Dhillon was named Chief Counsel and Deputy Staff Director
of the House Select Committee on Homeland Security. He was previously Policy
Director of the House Republican Policy
Committee. Before that, he was an attorney with the law firm of
Milbank Tweed Hadley & McCloy. He was also
an Assistant U.S. Attorney in Los Angeles. Bill Schulz was named
Chief Counsel for the Policy Committee. He is a former Special Master for the
U.S. Court of Federal Claims, and
former hill staffer. Vincent Sollitto was named Communications Director
of the Homeland Security Committee. He was previously VP for Corporate
Communications and External Affairs at PayPal,
which was acquired by eBay last year. Before
that, he was Communications Director for Sen.
Jon Kyl (R-AZ). Before that, he was Press Secretary for
Rep. Chris Cox (R-CA), who is now the
Chairman of the Homeland Security Committee.
3/20. The Securities and Exchange Commission
(SEC) announced that William Tolbert, Associate Director of the Division
of Corporation Finance, will leave the SEC. See,
3/19. The House Science
Committee (HSC) held a hearing on
the Nanotechnology Research and Development Act of 2003. It would
authorize the appropriation of $2.1 Billion over three years for nanotechnology
research and development programs at the National
Science Foundation (NSF), Department of Energy (DOE), Department of Commerce's
(DOC) National Institute of Standards and Technology
(NIST), National Aeronautics
and Space Administration (NASA), and Environmental Protection
Agency (EPA). The majority of the funding would go to the NSF. HSC Chairman
Sherwood Boehlert (R-NY) said in
opening statement that "nanotechnology can be a key to future economic
prosperity and might improve our lives and that the federal government needs to
play a role in making that so." He also announced that the HSC will hold another
hearing on April 9 on the societal consequences of nanotechnology. See, prepared
testimony of witnesses:
Russell (Associate Director for Technology at the Office of Science and
Theis (IBM Research Division),
Roberto (Oak Ridge National Laboratory),
(Nanobiotechnology Center at Cornell University), and
Marty (JP Morgan Partners). See also,
HSC release and
story titled "Representatives Introduce Bill To Authorize Nanotech R&D Funding",
TLJ Daily E-Mail Alert No. 606, February 18, 2003.
3/19. The Department of Justice's
(DOJ) Antitrust Division filed a
Statement (CIS) with the U.S.
District Court (DC) in U.S. v. Gemstar-TV Guide. On February 6, 2003, the
DOJ filed a complaint in U.S. District Court against
Gemstar-TV Guide and its subsidiary,
TV Guide, alleging that they entered into agreements to fix prices and
allocate markets and customers, and that they began jointly conducting their
interactive program guide business, eliminating competition between them in
violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. The complaint also
alleged that they executed a merger agreement that required the filing of the
Notification and Report Forms under Section 7A of the Clayton Act. The DOJ and
these defendants have also reached a proposed settlement. The DOJ now files this
CIS, pursuant to the requirements of the Antitrust Process and Penalties Act, 15
U.S.C. § 16, to set forth information necessary to enable the District Court and
the public to evaluate the proposed final judgment.
3/13. The Federal Trade Commission
(FTC) filed a Stipulated
Order of Preliminary Injunction [20 pages PDF scan] with the
U.S. District Court (SDFl) in FTC v.
30 Minute Mortgage, Inc. On January 9, the FTC filed its
complaint [20 page PDF
scan] in the District Court against 30 Minute Mortgage, Gregory P. Roth and
Peter W. Stolz alleging violation of the FTC Act, the Truth in Lending Act, the
Gramm Leach Bliley Act, and the FTC's Privacy Rule in connection with a scheme
to fraudulently obtain personal financial information from consumers. The
defendants sent spam messages to consumers claiming to be a national mortgage
lender offering 3.95% 30 year mortgages. The defendants further provided
hyperlinks in the spam messages to web pages containing purported mortgage
application forms. The defendants then sold the information that they gathered. The District Court
entered a preliminary injunction order on March 14. See,
3/13. The U.S. District Court (CDCal)
granted summary judgment to the
Securities and Exchange Commission (SEC) in its
civil action against Arash
Aziz-Golshani in connection with his manipulation of stock prices by spreading
false information on internet message boards. The District Court permanently
enjoining him from violations of the antifraud provisions of the federal
securities laws and ordering him to pay disgorgement in the amount of $339,392,
plus prejudgment interest of $82,696. See,
3/19. Commerce Secretary
Don Evans announced a
Initiative". He stated in a
that "The Bush Administration remains committed to promoting competition and opening
new markets for U.S. goods ... Standards and testing are key to our
international competitiveness. But more and more we are hearing that foreign
standards and testing requirements are keeping our products out of foreign
markets. This is the wrong approach that reduces efficiencies, limits
competition and increases prices for the consumer goods. This eight-point
initiative is an effort to create a more level playing field around the world."
|Copyright Office to Hold Hearings on DMCA
Anti Circumvention Exemptions
3/20. The Copyright Office (CO) published a
notice in the Federal Register announcing that it will hold a series of
hearings on possible exemptions to the Digital Millennium Copyright Act's (DMCA)
prohibition against circumvention of technological measures that control access
to copyrighted works.
The CO just completed a round of written comments. March 10 was the 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 DMCA. The CO has published 50
comments and 272 reply
comments in its web site.
The CO hearings will be held in Washington DC on Friday, April 11, Tuesday,
April 15, Wednesday, April 30, and Friday, May 2, beginning at 9:30 AM. The CO also
announced that it will hold hearings in California in May, but it has not yet
announced the dates, times and locations.
Persons wishing to testify must submit requests to the CO by April 1.
See, relevant statutory sections at
17 U.S.C. §§ 2101-2105.
See also, Federal Register, March 20, 2003, Vol. 68, No. 54, at Pages 13652 -
|Friday, March 21
The Supreme Court is in recess.
10:00 AM. The
Committee's Subcommittee on Commerce, Justice, State, and the Judiciary
will hold a hearing on President Bush's budget request for fiscal year 2004
for the Department of Commerce (DOC).
Location: Room S-146, Capitol.
12:15 PM. Jim Bird (head of the Federal Communications Commission's
Office of General Counsel's
Transactional Team), Don
Stockdale (FCC's Office of Strategic Planning
and Policy Analysis), Walt Strack (FCC's Wireless Telecommunications
Bureau), and Jim
Barker (Latham & Watkins) will speak at a
luncheon on FCC antitrust merger reviews. The Federal
Association's (FCBA) web site states that "This meeting will be off the
record". For more
information, contact Lauren Kravetz at 202 418-7944 or
email@example.com. This event had
originally been scheduled for February 19, but was postponed due to snow.
Location: Willkie Farr & Gallagher, 1875
K St., NW.
|Monday, March 24
The Supreme Court will return from recess.
4:00 PM. Polk Wagner
(University of Pennsylvania Law School) will present a draft
paper titled "Is the Federal Circuit Succeeding? An Empirical Look at Claim Construction".
For more information, contact
at 202 994-6138 or
firstname.lastname@example.org. Location: George Washington University Law
School, Faculty Conference Center, Burns Building, 5th Floor, 720 20th Street,
Deadline to submit applications to the National
Institute of Standards and Technology (NIST) for financial assistance for
FY 2003 for its 2003 Summer
Undergraduate Research Fellowships (SURF) in several areas, including
electronics and electrical engineering and information technology. See,
notice in the Federal Register, February 20, 2003, Vol. 68, No. 34, at Pages
|Tuesday, March 25
10:00 AM. The
Committee's Subcommittee on Homeland Security
will hold a hearing on the proposed budget for FY 2004 for the Department of
Homeland Security. Location: Room 106, Dirksen Building.
2:00 PM. The
House Commerce Committee's
Subcommittee on Telecommunications and the Internet will hold a hearing
on HR 1320, the Commercial Spectrum Enhancement Act. The hearing will be
webcast. Press contact: Ken Johnson or Jon Tripp at 202 225-5735. Location:
Room 2123, Rayburn Building.
|Wednesday, March 26
Deadline to submit requests to the Federal Trade
Commission (FTC) to participate as a panelist in its workshops regarding the role of
technology in helping consumers and businesses protect
the privacy of personal information, including the steps taken to keep their
information secure. The FTC will hold a workshop titled "The Consumer
Experience" on May 14, and another workshop titled "The Business Experience"
on June 4. See, FTC release
notice in the Federal Register, February 26, 2003, Vol. 68, No. 38, at
Pages 8904 - 8906.
9:30 AM. The
Senate Judiciary Committee
will hold a hearing on pending judicial nominees, including Edward Prado (to
be a Judge of the U.S. Court of Appeals for the Fifth Circuit), Cecilia
Altonaga (Southern District of Florida), Richard Bennett (District of
Maryland), Dee Drell (Western District of Louisiana), Leon Holmes (Eastern
District of Arkansas), Susan Braden (Federal Claims), and Charles Lettow
(Federal Claims). Location: Room 226, Dirksen Building.
12:15 PM. The Federal Communications Bar
Association's (FCBA) Online Communications Committee will host a brown bag
lunch. The topic will be "wireline broadband issues". The speaker will be
Brent Olson, Deputy Chief of the FCC's Wireline Competition Bureau's
Competition Policy Division. No
RSVP is necessary. Location: Kelley Drye
& Warren, 1200 19th St., NW, Suite 500.
|Thursday, March 27
8:00 AM - 2:30 PM. The Information
Technology Association of America (ITAA) will host a conference titled "Securing
Cyberspace: A Government Industry Partnership for the Future". At 8:30 AM,
Rep. Tom Davis (R-VA), Chairman
of the House Government Reform
Committee, will speak. At 8:55 AM,
Rep. Sherwood Boehlert (R-NY),
Chairman of the House Science
Committee, will speak. At 9:55 AM,
Sen. Robert Bennett (R-UT), will speak. At 1:30 PM,
Sen. Ron Wyden (D-OR) will speak. The
ITAA states that the event is "By invitation only" and "Expected Attendees:
Hill Members and Staff, Public Media, Industry Reps. & other Public/Private
Sector partners". See,
Location: Room G-50, Dirksen Building.
11:00 AM. The Cato Institute will host
a book forum on the book
The Half-Life of Policy Rationales: How New Technology Affects Old Policy
Issues [Amazon sales rank on March 16: 1,844,100]. The speakers will be
Daniel Klein (co-editor), Jerry Ellig (Acting Director, Office of Policy
Planning at the Federal Trade Commission), Donald Boudreaux (George Mason
University), and Robert Atkinson (Progressive
Policy Institute). Lunch will follow. See,
notice and registration
page. Location: Cato, 1000 Massachusetts Avenue, NW.
6:00 - 8:00 PM. The Federal Communications
Bar Association (FCBA) will host a CLE seminar titled "What Every
Practitioner Needs to Know about Telecommunications Access - Policy and
Practice Related to Persons with Disabilities". The speakers will be Bryan
Tramont (FCC), Tom Chandler (FCC), Richard Ellis (Sprint), Mike Fingerhut
(Sprint), Pam Gregory (FCC), Karen Strauss (Gallaudet University), Paul
Schroeder (American Foundation for the Blind), and Claude Stout
(Telecommunications for the Deaf). The prices to attend range from $50 to $80.
RSVP to Wendy Parish at email@example.com.
Location: Wiley Rein & Fielding, 1750 K St., NW, 10th Floor.
|Friday, March 28
Deadline to submit comments to the Federal
Communications Commission (FCC) in response to its Further Notice of Proposed
Rulemaking (FNPRM) regarding a proposed set of rules pertaining to "plug and
play" cable compatibility. On December 19, 2002, fourteen consumer electronics
companies and seven cable operators announced that they have entered into a Memorandum
of Understanding (MOU) regarding a national plug and play standard between digital
television (DTV) products and digital cable systems. See,
[78 pages in PDF] consisting of the MOU, proposed rules to be promulgated by the
FCC, and a letter to FCC Chairman Michael
Powell and others. See also, FCC
release [MS Word] of January 7 announcing the FNPRM, and
notice in the Federal Register, January 16, 2003, Vol. 68, No. 11, at
Pages 2278 - 2283. This is CS Docket
97-80, and PP Docket 00-67. For more information, contact Susan Mort in the
FCC's Media Bureau at 202 418-7200 or
12:15 PM. The Federal
Communications Bar Association's (FCBA) Cable Practice and Legislation
Committees will host a brown bag lunch. The speakers will be Bill Baily
(Majority Counsel, Senate Commerce Committee) and James Assey (Minority
Counsel, Senate Commerce Committee). RSVP to Wendy Parish at
firstname.lastname@example.org. Location: NCTA, 1724
Massachusetts Ave., NW, 2nd floor conference room.
|About Tech Law Journal
|Tech Law Journal publishes a free access web site and
subscription e-mail alert. The basic rate for a subscription
to the TLJ Daily E-Mail Alert is $250 per year. However, there
are discounts for subscribers with multiple recipients. Free one
month trial subscriptions are available. Also, free
subscriptions are available for journalists,
federal elected officials, and employees of the Congress, courts, and
executive branch. The TLJ web site is
free access. However, copies of the TLJ Daily E-Mail Alert are not
published in the web site until one month after writing. See, subscription
Contact: 202-364-8882; E-mail.
P.O. Box 4851, Washington DC, 20008.
Copyright 1998 - 2003 David Carney, dba Tech Law Journal. All