Tech Law Journal Daily E-Mail Alert
April 3, 2003, 9:00 AM ET, Alert No. 636.
Home Page | Calendar | Subscribe | Back Issues | Reference
GAO Reports on Cyber Security at Four Agencies

4/2. The General Accounting Office (GAO) released a report [72 pages in PDF] titled "Critical Infrastructure Protection: Challenges for Selected Agencies and Industry Sectors". The report finds that four key government agencies have not fully complied with PDD-63.

In May 1998, former President Clinton signed Presidential Decision Directive 63 (PDD-63). It states that "the United States will take all necessary measures to swiftly eliminate any significant vulnerability to both physical and cyber attacks on our critical infrastructures, including especially our cyber systems." PDD-63 further provides that "No later than 180 days from the issuance of this directive, every department and agency shall develop a plan for protecting its own critical infrastructure, including but not limited to its cyber-based systems. The National Coordinator shall be responsible for coordinating analyses required by the departments and agencies of inter-governmental dependencies and the mitigation of those dependencies. The Critical infrastructure Coordination Group (CICG) shall sponsor an expert review process for those plans. No later than two years from today, those plans shall have been implemented and shall be updated every two years."

The GAO examined four agencies, the Department of Health and Human Services, the Department of Energy, and the Department of Commerce, and the Environmental Protection Agency. It found that these agencies "have made progress in implementing several PDD 63 requirements, such as appointing chief information assurance officers and preparing initial CIP plans. However, none of the agencies has fully implemented all requirements, including the fundamental processes of identifying agency assets that are critical to the nation and determining their dependencies on other public and private assets, as well as assessing these assets’ vulnerabilities. In addition, although most agencies have tentatively identified their critical assets, these efforts could take years to complete given the current pace and estimated time and resource needs."

Rep. Billy Tauzin (R-LA) and Rep. John Dingell (D-MI) released a joint statement regarding the report. They wrote that "Today's GAO report reveals that, while progress has been made since that time, the current situation remains unacceptable -- and that much more work is necessary just to assess all of our critical asset dependencies and vulnerabilities, the basic preconditions for adequate protection."

Rep. John DingellRep. Tauzin and Rep. Dingell (at right) continued that "It has now been five years since these agencies were instructed to determine where their own critical systems were vulnerable and to develop the countermeasures necessary to assure that the most important functions of government would continue in the face of a terrorist attack. These agencies should have completed these tasks long ago."

The two also wrote that "We note that the President's proposed 2004 budget for critical infrastructure protection efforts by the new Department of Homeland Security represents a substantial increase, from roughly $177 million in 2003 to more than $800 million next year. We urge Congress to fully support this request."

Rep. Tauzin and Rep. Dingell are the Chairman and ranking Democrat on the House Commerce Committee, which has oversight responsibilities with respect to the four agencies that were examined in this GAO report.

USTR Releases Report on Market Access in Foreign Telecom Markets

4/2. The Office of the U.S. Trade Representative (USTR) released a report [6 pages in PDF] titled "Results of 2003 ``Section 1377´´ Review of Telecommunications Trade Agreements". The report, which is based upon comments received by the USTR, focuses on the high rates for connecting calls to mobile and fixed line networks in foreign markets, the lack of reasonable access to leased lines, and the lack of independent regulators and transparent procedures with adequate notice and comment. See, web page with hyperlinks to comments.

The report finds that "The high wholesale cost of completing calls onto mobile networks in foreign countries continues to hinder U.S. telecommunication suppliers seeking to offer competitively priced services."

The report also notes that "Internet service providers have complained about inadequate access to high-speed data transport services provided by Canadian cable companies."

The report also finds that the "Lack of an independent regulator with adequate authority has been the Achilles heel of competition in telecommunications markets throughout the world. Addressing this problem has been identified as a priority matter in China, France, Germany, India, Japan, Mexico, South Africa and Switzerland. An independent regulator is also a necessary condition for adequate implementation of WTO commitments. Aspects identified as necessary to bolster the effectiveness and independence of regulators includes strong enforcement authority, transparent procedures with adequate notice and comment, and full privatization of government-owned operators."

The report also states that the USTR has sought to incorporate provisions regarding independent regulators and transparency in free trade agreements (FTAs) with Chile and Singapore, and intends to continue to do so with other FTA negotiations and in ongoing WTO services negotiations.

USTR Robert Zoellick stated in a release that ""Without fair and transparent telecom regulatory treatment, the investment needed for the growth and development of the telecom sector will be constrained -- hurting consumers, workers and companies here and abroad. The United States will keep a sharp focus on implementation of these rules, engaging directly with trade partners and, where appropriate, pursuing enforcement action in the WTO."

GAO Reports on U.S. Efforts to Monitor China's WTO Compliance

4/1. The General Accounting Office (GAO) released a report [44 pages in PDF] titled "World Trade Organization: First-Year U.S. Efforts to Monitor China's Compliance". This report examines key agencies' organizational changes following the PR China's accession to the World Trade Organization (WTO), and the interagency process used to carry out compliance responsibilities. It also reviews how these agencies have addressed the compliance issues that arose during the first year of China's WTO membership.

The report states that China's accession to the WTO has led to "increased monitoring and enforcement responsibilities for the U.S. government. In response to these increased responsibilities, the U.S. Trade Representative and the departments of Commerce, Agriculture, and State have undertaken various efforts to enhance their ability to monitor China’s compliance with its World Trade Organization commitments."

The report notes that the "USTR's Office of Services, Investment, and Intellectual Property has the lead role on China related intellectual property issues, such as monitoring China's compliance with WTO rules on enforcing patent and trademark protection. However, the office coordinates with the Office of North Asian Affairs to ensure information sharing between the two units." It also notes that "The embassy has also established a working group specifically focused on monitoring China’s intellectual property legislation and enforcement."

FCC Releases NPRM Regarding Re-examination of ITFS Rules

4/2. The Federal Communications Commission (FCC) released a document [137 pages in PDF] titled "Notice of Proposed Rulemaking and Memorandum Opinion and Order" (NPRM & MOO). This item is a re-examination of the FCC's rules pertaining to Multipoint Distribution Service (MDS), Multichannel Multipoint Distribution Service (MMDS), and Instructional Television Fixed Service (ITFS) in the 2500 to 2690 MHz spectrum band. The FCC announced, but did not release, this NPRM & MOO at its March 13 meeting.

This NPRM & MOO states that the FCC "seeks to promote competition, innovation and investment in wireless broadband services".

It states that "we do not intend to evict any incumbent licensees from the affected band if they have been in compliance with our rules and continue to comply with our rules when we modify or augment them nor do we intend to undermine the educational mission of ITFS licensees." However, it does seek comment "on how best to promote increased access to and efficient utilization of ITFS spectrum"

Commission Michael Copps wrote in his separate statement that "The NPRM asks whether the Commission should remove the requirement that ITFS licensees use the spectrum entrusted to them for educational purposes. It also asks whether the Commission should allow ITFS licensees to sell their licensees to the highest bidder, where a private company could buy the spectrum and dispense with any educational activity. Such an outcome would threaten this important educational tool. If ITFS becomes just another commercial service, we will have lost the last place on the spectrum reserved specifically for education."

See also, statement [PDF] by Chairman Michael Powell and statement [PDF] by Commissioner Kathleen Abernathy. This is WT Docket No. 02-68, 03-66, and 03-67, and MM Docket No. 97-217.

More News

4/2. The Senate Commerce Committee's Communications Subcommittee held a hearing on universal service subsidies, and policies that may ensure future stability and sufficiency. Federal Communications Commission (FCC) Commissioner Kathleen Abernathy testified. See also, prepared testimony of Carson Hughes (Telepax), Joel Lubin (AT&T), Matthew Dosch (Comporium Communications), Robert Orent (Hiawatha Communication), William Gillis (Center to Bridge the Digital Divide, Washington State University), Thomas Meade (Alaska Commnuications System), and Jack Rhyner (TelAlaska).

4/1. Federal Communications Commission (FCC) Commissioner Kathleen Abernathy gave a speech [5 pages in PDF] to the Cable Television Public Affairs Association Forum regarding cable programming that is not appropriate for families and children, and educating consumers about the value of digital television.

4/2. The Business Software Alliance (BSA) released a report that concludes that worldwide, 40% of software programs are pirated. The BSA seeks strong intellectual property protection for business software. See also, BSA release.

People and Appointments

Robert MmCallum4/2. President Bush announced his intent to nominate Robert McCallum (at right) to be Associate Attorney General. He is currently Assistant Attorney General in charge of the Civil Rights Division, and acting Associate Attorney General. He previously was a partner in the Atlanta based law firm of Alston & Bird. See, White House release. President Bush made a similar announcement late in the 107th Congress. See, story titled "Bush Names McCallum Associate Attorney General" in TLJ Daily E-Mail Alert No. 561, December 5, 2002. The Associate Attorney General oversees many of the civil units of the DOJ, including five key divisions: Civil, Antitrust, Tax, Environment and Natural Resources, and Civil Rights. He does not have authority over the Solicitor General, the Office of Legal Counsel, or any of the crime related units. See, DOJ Organizational Chart.

4/2. President Bush announced his intent to nominate Peter Keisler to be Assistant Attorney General in charge of the Civil Division. He is currently a Principal Deputy Associate Attorney General. Previously, he was a partner in the the law firm of Sidley Austin, where he represented AT&T in telecom matters. See, White House release.

4/2. President Bush announced his intent to nominate James Jochum to be Assistant Secretary of Commerce (Import Administration) at the Department of Commerce (DOC). He is currently Assistant Secretary for Export Administration at the DOC's Bureau of Industry and Security (BIS). He previously worked in government relations for Accenture. Before that, he was Majority Counsel for the Senate Banking Committee, and Trade Counsel and Legislative Director for Sen. Charles Grassley (R-IA). See, White House release.

4/2. President Bush nominated William Moschella to be Assistant Attorney General in charge of legislative affairs. The President announced his intent to make the appointment on March 4. He is currently the Chief Legislative Counsel and Parliamentarian for the House Judiciary Committee. See, White House release.

4/1. Christi Harlan, who is currently Director of Public Affairs at the Securities and Exchange Commission (SEC), will leave the SEC to become Director of Public Affairs at the Public Company Accounting Oversight Board. See, SEC release.

Thursday, April 3

The House will meet at 10:00 PM for legislative business.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. The agenda includes consideration of S 731, a bill to prohibit fraud and related activity in connection with authentication features and S 274, a bill pertaining to class action procedures. The agenda also includes consideration of several pending judicial nominations including Edward Prado (Fifth Circuit), Richard Bennett (District of Maryland), Dee Drell (Western District of Louisiana), Leon Holmes (Eastern District of Arkansas), Charles Lettow (Federal Claims), and Susan Braden (Federal Claims). See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Appropriations Committee's VA, HUD, and Independent Agencies Subcommittee will hold a hearing on the FY 2004 budget for the National Science Foundation and the Office of Science Technology Policy (OSTP). Location: Room 138, Dirksen Building.

10:00 AM. The House Financial Services Committee's Subcommittee on Financial Institutions and Consumer Credit Subcommittee on Oversight and Investigations will hold a joint hearing titled "Fighting Fraud: Improving Information Security". Location: Room 2128, Rayburn Building.

11:00 AM- 12:00 NOON. Charles McQueary, Under Secretary for Science and Technology, at the Department of Homeland Security (DHS), will speak at a program titled "Homeland Security Business Forum: Science and Technology Under DHS". See, notice and registration pages. The price to attend is $35 for members and $100 for non members. Location: U.S. Chamber of Commerce, 1615 H Street, NW.

12:00 NOON. John Muleta, Chief of the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau will speak at the Land Mobile Communications Council's annual meeting. Location: Loews L'Enfant Plaza Hotel.

3:00 PM. The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property will hold a hearing on HR__, the "United States Patent and Trademark Fee Modernization Act of 2003". James Rogan, Director of the U.S. Patent and Trademark Office's (USPTO) will testify regarding this and the USPTO's 21st Century Strategic Plan. Webcast. Location: Room 2141, Rayburn Building.

3:30 PM. Pamela Samuelson (Professor, UC Berkeley) will give a lecture titled "Freedom to Tinker, Freedom to Learn: A Constitutional Interest in Reverse Engineering". For more information, contact Julie Cohen at Location: Georgetown University Law Center, Faculty Lounge, 600 New Jersey Ave., NW.

Day one of a two day conference hosted by the University of Maryland's Center for Intellectual Property titled "Copyright in the Digital Age: Challenges Facing the Academy". The agenda includes sessions on the TEACH Act, peer to peer file copying, and the DMCA. Location: Greenbelt Marriott, Maryland.

Friday, April 4

The House will meet at 10:00 PM for legislative business.

Day one of a two day conference hosted by the University of Maryland's Center for Intellectual Property titled "Copyright in the Digital Age: Challenges Facing the Academy". The agenda includes sessions on the TEACH Act, peer to peer file copying, and the DMCA. Location: Greenbelt Marriott, Maryland.

8:00 AM. Phil Bond, Under Secretary of Commerce for the Technology Administration (TA), will deliver a speech titled "Growth and Policy Implications of Nanotechnology" at the National Nanotechnology Initiative 2003 Conference. See, notice. For more information, contact Connie Correll at or 202 482-1065. Location: Omni Shoreham Hotel, 2500 Calvert St, NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Sprint Corp v. FCC, No. 02-1129. Judges Sentelle, Rogers and Garland will preside. Location: 333 Constitution Ave., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Committee will host a luncheon. The speaker will be John Muleta, Chief of the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau. The price to attend is $15. Cancellations and/or RSVPs are due by 5:00 PM on Tuesday, April 1. RSVP to Wendy Parish at Location: Sidley Austin, 1501 K Street, NW, Conference Room 6E.

6:00 PM. Deadline to submit applications to the National Telecommunications and Information Administration (NTIA) for planning and construction grants for public radio and nonbroadcast facilities under the Public Telecommunications Facilities Program (PTFP). See, notice in the Federal Register, March 5, 2003, Vol. 68, No. 43, at Pages 10609 - 10615.

Sunday, April 6

Daylight savings time begins.

Monday, April 7

The Intellectual Property Owners Association (IPO) will hold a Committee Leadership Meeting. For more information, call 202 466-2396. Location: Ronald Reagan International Trade Center.

DEADLINE EXTENDED TO APRIL 17. Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [MS Word] regarding "Additional Spectrum for Unlicensed Devices Below 900 MHz and in the 3 GHz Band". Unlicensed devices would include, among other things, 802.11. See, notice in Federal Register, January 21, 2003, Vol. 68, No. 13, at Pages 2730-2733. See also, story titled "FCC Announces Notice of Inquiry Re More Spectrum for Unlicensed Use" in TLJ Daily E-Mail Alert No. 566, December 12, 2002. For more information, contact Hugh Van Tuyl in the FCC's Office of Engineering & Technology at or 202 418-7506. This is OET Docket No. 02-380. See, notice of extension [PDF].

Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding the establishment of a petition process to review eligibility of countries for the benefits of the Andean Trade Preference Act. See, notice in Federal Register, February 4, 2003, Vol. 68, No. 23, at Pages 5542-5545.

Tuesday, April 8

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Public Service Commission of Colorado v. FCC, No. 02-1163. Judges Rogers, Garland and Silberman will preside. Location: 333 Constitution Ave., NW.

9:30 AM. The Senate Rules and Administration Committee will hold an oversight hearing on the Library of Congress and the Congressional Research Service. Location: Room 301, Russell Building.

12:30 PM. Ted Turner will give a luncheon speech. Location: Ballroom, National Press Club, 529 14th St. NW, 13th Floor.

4:00 PM. Ellen Goodman will present a draft paper titled "Spectrum Rights in the Telecosm to Come". For more information, contact Robert Brauneis at 202 994-6138 or Location: George Washington University Law School, Faculty Conference Center, Burns Building, 5th Floor, 720 20th Street, NW.

Wednesday, April 9

10:00 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will meet to mark up HR 1320, the Commercial Spectrum Enhancement Act. Webcast. Location: Room 2123, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hold oral argument in First Graphics v. M.E.P. CAD, No. 02-1469, an appeal from the U.S. District Court (NDIll). Location: Courtroom 402, 717 Madison Place, NW.

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 information page.

Contact: 202-364-8882; E-mail.
P.O. Box 4851, Washington DC, 20008.
Privacy Policy
Notices & Disclaimers
Copyright 1998 - 2003 David Carney, dba Tech Law Journal. All rights reserved.