|House Financial Services Committee Approves
Revised Internet Gambling Bill
5/20. The House Financial Services Committee
(HFSC) approved by voice vote, without amendment,
another bill titled the "Unlawful Internet Gambling Funding Prohibition Act".
This bill was introduced on Monday, May 19, 2003, by
Rep. Spencer Bachus (R-AL) (at left) and
The HFSC previously approved
also titled the "Unlawful Internet Gambling Funding Prohibition Act",
on March 13, 2003. The
House Judiciary Committee (HJC)
just marked up HR 21 on May 14, 2003. Both bills have the same purpose and
method, but differ in several significant respects.
HR 2143 contains the same title, the same findings, and relies on the same
underlying method to stop illegal internet gambling operations -- barring access
to the U.S. financial services system by banning the use of credit cards, wire
transfers, and other bank instruments to fund illegal gambling transactions.
HR 2143 would require federal regulators to promulgate regulations "requiring
any designated payment system to establish policies and procedures reasonably
designed to identify and prevent restricted transactions in any of the following
ways: (1) The establishment of policies and procedures that (A) allow the payment
system and any person involved in the payment system to identify restricted
transactions by means of codes in authorization messages or by other means; and
(B) block restricted transactions identified as a result of the policies and
procedures developed pursuant to clause (i). (2) The establishment of policies
and procedures that prevent the acceptance of the products or services of the
payment system in connection with a restricted transaction."
HR 2143, in turn defines "restricted transaction" as "any transaction or
transmittal to any person engaged in the business of betting or wagering, in
connection with the participation of another person in unlawful Internet gambling,
of (A) credit, or the proceeds of credit, extended to or on behalf of such other
person (including credit extended through the use of a credit card); (B) an
electronic fund transfer or funds transmitted by or through a money
transmitting business, or the proceeds of an electronic fund transfer or money
transmitting service, from or on behalf of the other person; (C) any check, draft,
or similar instrument which is drawn by or on behalf of
the other person and is drawn on or payable at or through any financial
institution; or (D) the proceeds of any other form of financial transaction as the Federal
functional regulators may prescribe by regulation which involves a financial
institution as a payor or financial intermediary on behalf of or for the benefit
of the other person." This definition mirrors language of HR 21.
However, there are many substantial differences between HR 21 and HR 2143.
HR 21 contains criminal penalties. HR 2143 does not. The change also means
that the HJC does not have jurisdiction over HR 2143.
HR 21 provides a civil enforcement role for states. HR 2143 does not.
HR 2143 would rely solely on Federal functional regulators (as defined by
Section 509(2) of the Gramm Leach Bliley Act) and the
Federal Trade Commission
(FTC) for enforcement.
HR 21, as amended and adopted by the HJC on May 14, deleted an exception for
internet gambling operations authorized by states. HR 21, as introduced, and as
passed by the HFSC on March 13, contains the following exception: "The term
``bets or wagers´´ ... (E) does not include --- (ix) any lawful transaction with
a business licensed or authorized by a State." The HJC removed the line
"any lawful transaction with a business licensed or authorized by a State".
This may be a killer amendment that some members supported because they
expected that it would kill the bill on the House floor. That is, it will cause
the gambling industries that are authorized in some states, such as horse
racing, dog racing, and jai alai, to lobby against the bill. HR 2143 puts the
exception back in, which puts these gambling interests back on the sidelines.
HR 21 limits the liability of, and remedies available against, interactive
service providers. HR 2143 does not contain any special language for these ISPs.
For example, HR 21 provides that "An interactive computer service that does
not violate this section shall not be liable under section 1084 of title 18,
except this limitation shall not apply if an interactive computer service has
actual knowledge and control of bets and wagers and (i) operates, manages,
supervises, or directs an Internet website at which unlawful bets or wagers may
be placed, received, or otherwise made or at which unlawful bets or wagers are
offered to be placed, received, or otherwise made; or (ii) owns or controls, or
is owned or controlled by, any person who operates, manages, supervises, or
directs an Internet website at which unlawful bets or wagers may be placed,
received, or otherwise made or at which unlawful bets or wagers are offered to
be placed, received, or otherwise made."
18 U.S.C. § 1084
contains the prohibition of the Wire Act. The Wire Act currently criminalizes
the use of "wire communications facilities" in interstate commerce for gambling.
The Wire Act does not ban gambling. This is a matter of state law.
Specifically, § 1084
currently provides that "Whoever being engaged in the business of betting or
wagering knowingly uses a wire communication facility for the transmission in
interstate or foreign commerce of bets or wagers ... shall be fined under this
title or imprisoned not more than two years, or both." Since the current statute
affects only wire communication facilities, and some internet communications do
not involve wires, it leaves open the possibility that some internet gambling
may not be illegal under the Wire Act. However, the
Department of Justice (DOJ) interprets the
Wire Act to encompass internet gambling.
John Malcolm, Deputy Assistant Attorney General in charge of the
Crimes and Intellectual Property Section (CCIPS) of the DOJ,
testified against the ISP provision in HR 21 at a hearing before the HJC's Crime
Subcommittee on April 29, 2003.
He wrote in his
prepared testimony that "the Justice Department opposes Section 3(c)(4)(B)
of H.R. 21, which provides, in essence, that interactive service providers that
are not liable under H.R. 21 shall not be liable under Section 1084 of Title 18,
United States Code, unless the ISP has actual knowledge of the bets and wagers
and owns, controls, operates, manages, supervises, or directs a website at which
unlawful bets or wagers are offered, placed, or received. This provision
constructively amends Section 1084, an existing federal criminal statute, and
weakens its application by imposing a far higher standard of liability than
traditional aiding and abetting liability, which applies to everyone else who
must comply with the law. While the Department does not believe that ISPs should
be singled out for particularly harsh treatment (and our “track record” bears
this out), we do not believe that ISPs should be singled out for uniquely
favorable treatment either."
More Information on HR 21. See, story titled "House Judiciary
Committee Approves Internet
Gambling Bill" in TLJ Daily E-Mail Alert No. 662, May 15, 2003;
titled "House Crime Subcommittee Approves Internet Gambling Bill", May 6, 2003;
and story titled "House Subcommittee Holds Hearing
on Internet Gambling Bills" in TLJ Daily E-Mail Alert No. 654, May 2, 2003. The
HFSC, which has jurisdiction over HR 21 along with the HJC, approved it on March
13. See, story titled "House Committee Approves Internet Gambling Bill" in
TLJ Daily E-Mail
Alert No. 623, March 14, 2003. See also, story titled "Rep. Leach Introduces
Internet Gambling Bill" in
TLJ Daily E-Mail
Alert No. 579, January 9, 2003. The companion bill in the Senate is
S 627. See,
titled "Senate Committee Holds Hearing on Internet Gambling Bill", March 18,
|Senators Hatch and Leahy Introduce Antitrust
5/19. Sen. Orrin Hatch (R-UT) and
Sen. Patrick Leahy (D-VT) introduced S 1080,
the "Antitrust Improvements Act of 2003". The bill would raise the maximum
term of imprisonment for an individual who
violates the criminal provisions of the antitrust laws from 3 years to 10 years.
It would also raise the maximum fine for a corporation from $10 Million to $100
Million. The bill would also repeal Title VIII of the Antidumping Act of 1916, which
is codified at 15 U.S.C. § 72.
Sen. Hatch (at right) stated in the
Senate that "These changes are long overdue and will eliminate the huge
disparity present in our laws between the treatment of criminal white collar
offenses and antitrust criminal violations. The Sarbanes Oxley Act passed last
year raised the criminal penalties for a number of white collar offenses, but
did not do so for antitrust criminal violations. An antitrust price-fixer who
defrauds consumers for a total of $5 million should be subject to a penalty
which is more consistent with the penalty scheme for other white collar
offenses." See, Congressional Record, May 19, 2003, at page S6631-2.
Sen. Leahy stated in the Senate that "This increase will make it clear to
corporate wrongdoers that no antitrust violation is affordable. These changes
bring antitrust penalties in line with other white-collar crimes and send a
clear message that the United States will not allow any company to abuse its
consumers by misusing market power." See, Congressional Record, May 19,
2003, at page S6632.
U.S. Trade Representative (USTR)
and Attorney General
wrote a letter, which was inserted in the Congressional Record, regarding the
proposed repeal of the provision from the 1916 Act. They wrote, "That provision
provides for a private right of action for treble damages, as well as for
criminal penalties in an action brought by the U.S. government, for
international price discrimination. The Administration proposes repeal of this
provision because it is redundant of other U.S. laws providing remedies for
international price discrimination. To our knowledge, during the past 85 years
no plaintiff has obtained a final judgment on the merits under this
rarely-invoked law and no government enforcement action has been taken.
Furthermore, this provision is inconsistent with the obligations of the United
States under the Marrakesh Agreement Establishing the World Trade Organization".
See, Congressional Record, May 19, 2003, at page S6632.
The bill was referred to the Senate
Judiciary Committee. Sen. Hatch is the Chairman. Sen. Leahy is the ranking Democrat.
|DARPA Releases TIA Report
5/20. The Department of Defense
Advanced Research Projects Agency (DARPA) released a
report [PDF] titled
"Report to Congress Regarding the Terrorism Information Awareness Program". The
DARPA had previously referred to this project as "Total Information Awareness".
Following privacy related criticisms of the TIA program, the Congress earlier
this year imposed certain limits upon the TIA program, and required the DARPA to
submit this report.
Wyden (D-OR) offered an
amendment (SA 59) to
the further appropriations for FY 2003 resolution in January of 2003. It
was approved by the Senate, and, with minor changes, was incorporated into
the final resolution as passed by both the House and Senate. See, story titled
"Senate Approves Total Information Awareness Amendment" in
TLJ Daily E-Mail
Alert No. 590, January 24, 2003, and story titled "House and Senate Pass FY
2003 Appropriation Package With TIA Amendment" in
TLJ Daily E-Mail
Alert No. 604, February 14, 2003.
The report states that "The TIA research and development program aims to
integrate information technologies into a prototype to provide tools to better
detect, classify, and identify potential foreign terrorists. TIA's research and
development goal is to increase the probability that authorized agencies of the
United States can preempt adverse actions."
In elaborates that "The TIA research and development efforts seek to
integrate technologies developed by DARPA (and elsewhere, as appropriate) into a
series of increasingly powerful prototype configurations that can be
stress-tested in operationally relevant environments using real-time feedback to
refine concepts of operation and performance requirements down to the technology
component level. In a sense, TIA is a program of programs whose goal is the
creation of a counterterrorism information architecture that would:
- Increase the information coverage by an order-of-magnitude via access and
sharing that can be easily scaled.
- Provide focused warnings within an hour after a triggering event occurs or
an articulated threshold is passed.
- Automatically cue analysts based on partial pattern matches and has
patterns that cover at least 90 percent of all known previous foreign
- Support collaboration, analytical reasoning, and information sharing so
analysts can hypothesize, test, and propose theories and mitigating strategies
about possible futures, thereby enabling decision-makers to effectively
evaluate the impact of current or future policies."
The report concludes that "neither individuals nor teams of unaided humans can
function with maximum effectiveness in the present environment. DARPA's aim in
TIA research and development is to seek a revolutionary leap forward by
augmenting human performance in dealing with several facets of the terrorist
problem. Through an aggressive program to harness and integrate a group of
computer tools in various states of R&D, DARPA plans to assist humans cope with
massive and varied data sets, think and reason about the counterterrorism
problem, and work together in ad hoc teams to bring diverse points of view to
the solutions to the problems. By augmenting human performance using these
computer tools, the TIA Program expects to diminish the amount of time humans
must spend in discovering information and allow humans more time to focus their
powerful intellects on things humans do best -- thinking and analysis."
The report also addresses privacy. It states that "TIA's research and testing
activities have depended entirely on (1) information legally obtainable and
usable by the Federal Government under existing law, or (2) wholly synthetic,
artificial data that has been generated to resemble and model real-world
patterns of behavior. Further, the TIA Program is not attempting to create or
access a centralized database that will store information gathered from various
publicly or privately held databases."
It further states that "Nevertheless, ultimate implementation of some of the
component programs of TIA may raise significant and novel privacy and civil
liberties policy issues. Largely because of the greater power and resolution of
TIA's search and data analysis tools, questions will arise concerning whether
the safeguards against unauthorized access and use are sufficiently rigorous,
and whether the tools can or should be applied at all with respect to certain
types of particularly sensitive information. In addition, privacy and civil
liberties issues may arise because some would argue that the performance and
promise of the tools might lead some U.S. Government agencies to consider
increasing the extent of the collection and use of information already obtained
under existing authorities."
The report adds that "Safeguarding the privacy and the civil liberties of
Americans is a bedrock principle."
|USPTO Releases Report on Technological
Systems to Protect Digitized Copyrighted Works
5/20. The U.S. Patent and Trademark Office
(USPTO) released its
[46 pages in PDF] to Congress on technology designed to protect digitized
copyrighted works from infringement. See also,
The report reviews some core technologies of protection systems, including
encryption, digital watermarking, and authentication. It also reviews some of
the concepts of digital rights management systems, including trusted computing,
rights models and rights expression languages, DRM architecture, and types of
DRM systems. The report then gives a lengthy review of companies that are
developing or offering technological protection
systems to protect digitized copyrighted works and prevent infringement.
Finally, the report lists and describes groups and organizations that are
involved in this area.
This report was required by the "Technology, Education and Copyright
Harmonization Act of 2002" (aka TEACH Act). (See, Pub. L. No. 107-273, 116 Stat. 1758.)
The Congress passed this Act in late 2002 as part of a larger Department of
Justice authorization bill. The TEACH Act primarily deals with amendments to
copyright law to facilitate distance learning.
|Rep. Upton Criticizes FCC for Failure to
Release Triennial Review Order
5/20. Rep. Fred Upton (R-MI), the
Chairman of the House Commerce
Committee's Subcommittee on Telecommunications and the Internet, criticized
the Federal Communications Commission (FCC)
for failing to release its Triennial Review Order.
On February 20, 2003, the FCC adopted, but did not release, a report and
order regarding the Section 251 unbundling obligations of incumbent local
exchange carriers (ILECs). The FCC issued only a short
press release [2 pages in PDF] and an
attachment [4 pages in PDF]. The FCC has yet to release the actual report
and order, which is also known as the "triennial review order".
See also, TLJ Articles on the FCC Report and Order of February 20:
Announces UNE Report and Order
Order Offers Broadband Regulatory Relief
Announces Decision on Switching
Commentary: Republicans Split On FCC UNE Order
Congressional Reaction To FCC UNE Order
Upton (at right) stated in a release that "It has been three months, 89 days to
be exact, since the Commission approved its Triennial Review decision, but no
written order has been forthcoming. The telecommunications industry is the
engine that drives our economy, but the uncertainty of the last three months has
left the high tech sector twisting in the wind."
He continued that "The telecommunications industry had lost over half a
million jobs prior to the February 20th ruling, and countless jobs have been
lost since. The UNE-P aspects of the Triennial Review decision in February dealt
a serious blow to the American economy, and the three-month standstill has only
made things worse. We are in desperate need of economic revitalization, and it
is the telecommunications sector that will create jobs and drive economic growth
once the cloud of uncertainty is lifted."
Upton concluded that "This is a serious matter with American jobs and
technology advancement hanging in the balance. We must take the appropriate
steps to stimulate competition in the phone industry, but the order must be
released before those steps can be taken. I urge the Commission to promptly
complete the Triennial Review order, and release it for public vetting."
The FCC rarely releases its orders, notice of proposed rulemakings, notices
or inquiry, and other items, at the time that it adopts them. However, it
typically releases most major items about a week to ten days after adoption.
|Wednesday, May 21
The House will meet at 10:00 AM for legislative business. It is scheduled
to begin consideration of the defense authorization bill.
9:00 - 11:00 AM. The U.S. Patent and
Trademark Office (USPTO) and the U.S.
Copyright Office (CO) will hold a
meeting to discuss the preparation of a new text of the Hague Jurisdiction and
Enforcement of Judgments Convention. See,
notice. Location: USPTO, 2121 Crystal Drive, Crystal Park 2, Suite 902,
9:00 AM. Bruce
Mehlman, of the Commerce Department's
Technology Administration, will speak on "Tech Transfer and Opportunities
for Future Commercialization" at the COMDEX Innovation Forum on Tech Transfer.
Location: Omni Shoreham Hotel, 2500 Calvert Street, NW.
9:30 AM. The Senate Commerce
Committee will hold a hearing on unsolicited bulk e-mail. Press contact:
Rebecca Hanks 202 224-2670 or Andy Davis at 202 224-6654. Location: Room 253,
10:00 AM. The Senate Judiciary
Committee will hold a hearing on the nomination of
Hewitt Pate to be
Assistant Attorney General in charge of the Department of Justice's
Antitrust Division. Press contact:
Margarita Tapia at 202 224-5225. Location: Room
226, Dirksen Building.
10:00 AM. The Senate Banking
Committee will hold a hearing titled "National Export Strategy". The
witnesses will be Donald Evans (Secretary of Commerce), Philip Merrill
(President of the Export Import Bank of the United States), Thelma Askey
(Director of the U.S. Trade and Development Agency), Peter Watson (President of
the Overseas Private Investment Corporation), Hector Barreto (Administrator of
the Small Business Administration). See,
Location: Room 538, Dirksen Building.
10:00 AM - 1:00 PM. The NetChoice
Coalition and The New Republic (TNR) will
host a symposium on "Spam, Privacy and E-Commerce". The scheduled
speakers are Scott Shipman (eBay), Gary
Doernhoefer (Orbitz), Michael Mayor
(direct e-mail marketer), Ramsen Betfarhad (Majority Counsel,
House Commerce Committee),
Peter Filon (Minority Counsel, House Commerce Committee), Rob Courtney (Center for Democracy and Technology), and Jeff
Rosen (TNR). For More Information, contact Mark Blafkin at 202 331-2130 x104
Location: The Hall of States, 444 North Capitol, Room 383.
10:45 AM. Chris
Israel, of the Commerce Department's
Technology Administration (TA), will participate in a panel at the
Incubator Association Annual Conference. He will also release two reports
titled "Business Incubation: Emerging Trends for Profitability and Economic
Development in the U.S., Central Asia, and the Middle East" and "A National
Benchmarking Analysis of Technology Business Incubator Performance and
Practices." Press contact: Cheryl Mendonsa at 202 482-8321 or
See, TA notice. Location: Richmond Marriot,
500 East Broad Street Richmond, VA.
POSTPONED TO JUNE 3.
12:00 NOON. Rep. Sherwood
Boehlert (R-NY), the Chairman of the
House Science Committee (HSC),
will host a pen and pad briefing on HSC matters for reporters. Press contact:
Heidi Tringe at Heidi.Tringe
@mail.house.gov or 202 225-4275. Location: Room 2318, Rayburn Building.
12:00 NOON. The Federal Communications Bar
Association's (FCBA) Transactional Practice Committee will host a brown
bag lunch. The topics will include "the purposes of opinions within the
context of various transactions and typical regulatory opinion language". The
speakers will include
Quale (Skadden Arps) and James
Rogers (Latham & Watkins). RSVP to Margery
Singleton at 202 637-2200 or
margery.singleton @lw.com Location: Latham & Watkins, 555 11th Street, NW,
12:15 PM. The Federal Communications Bar
Association's (FCBA) Mass Media Practice Committee will host a brown bag
lunch titled "Getting Ready for Radio Station License Renewal". The speakers
will include Roy Stewart, Chief of the of the
Federal Communications Commission's (FCC)
Office of Broadcast Licence
Policy, and Peter Doyle, Chief of the FCC's
Audio Division. RSVP to Wendy Parish
at firstname.lastname@example.org. Location: NAB, 1771 N
St., NW, 1st Floor Conference Room.
2:00 PM. The House Homeland
Security Committee's (HHSC) Subcommittee on Cybersecurity, Science, and Research
& Development will hold a hearing titled "Homeland Security Science and
Technology: Preparing for the Future." The witnesses will include
McQueary, Under Secretary of the Department
of Homeland Security (DHS). The HHSC lists this hearing as scheduled for
2:00 PM, while the DHS lists it at 10:00 AM. Location: Room 2118, Rayburn Building.
6:00 - 8:00 PM. The D.C. Bar Association's Intellectual Property Law Section
will host a continuing legal education (CLE) program titled "Recent
Developments in Technology Transfer with the Federal Government: Focus on
Intellectual Property". The speakers will be Paul Gottlieb (Assistant
General Counsel, Technology Transfer and Intellectual Property, Department of
Energy), Holly Svetz (Morrison & Foerster), and Richard Litman. The prices to
attend range from $70 to $90. Location: DC Bar Conference Center, 1250 H
Street NW, B-1 level.
Deadline to submit comments to the
Copyright Office (CO) in response to its
notice of proposed rules that rules would "govern SoundExchange, an
unincorporated division of the Recording Industry Association of America,
Inc., when it functions as the designated agent for the purpose of receiving
royalty payments and statements of accounts from nonexempt subscription
digital transmission services which make digital transmissions of sound
recordings under a statutory license." See, Federal Register, April 21, 2003,
Vol. 68, No. 76, at Pages 19482 - 19485.
Extended deadline to submit reply comments to the
Communications Commission (FCC) in response to its
Proposed Rulemaking (NPRM) [MS Word] titled "In the Matter of Second
Periodic Review of the Commission’s Rules and Policies Affecting the Conversion
To Digital Television". This is MB Docket No. 03-15, RM 9832, and MM Docket
Nos. 99-360, 00-167, and 00-168. See also,
notice in the Federal Register, February 18, 2003, Vol. 68, No. 32, at
Pages 7737-7747. And see,
notice [PDF] extending deadlines.
Deadline to submit "white papers" to the
Office of Science and Technology Policy' (OSTP) High End Computing
Revitalization Task Force (HECRTF) regarding high end computing. See,
notice in the Federal Register, May 14, 2003, Vol. 68, No. 93, at Page
|Thursday, May 22
The House will meet at 10:00 AM for legislative business.
9:30 AM. The Senate Commerce
Committee will hold yet another hearing on media ownership. Press contact:
Rebecca Hanks 202 224-2670 or Andy Davis at 202 224-6654. Location: Room 253,
10:00 AM. The Senate Indian Affairs Committee will hold a hearing on
telecommunications in Indian country. Location: Room 485, Russell Building.
2:00 PM. The Senate Judiciary
Committee will hold a hearing on several pending
judicial nominations, including Richard Wesley (Second Circuit), Ronnie Greer
(Eastern District of Tennessee), Thomas Hardiman (Western District of
Pennsylvania), Mark Kravitz (District of Connecticut), John Woodcock (District
of Maine). Press contact: Margarita Tapia at 202 224-5225. Location: Room
226, Dirksen Building.
2:30 PM. The Senate Commerce
Committee's Subcommittee on Communications will hold a hearing to examine
wireless broadband in rural areas. Location: Room 562, Dirksen Building.
|Friday, May 23
The House will meet at 9:00 AM for legislative business.
10:00 - 11:30 AM. The Federal Communications
Commission's (FCC) Media Security and Reliability Council will hold a
notice in Federal Register: November 19, 2002, Vol. 67, No. 223, at Page
69742. For more information, contact Barbara Kreisman at 202-418-1600.
Location: FCC, 445 12th St. SW Room TW-C305.
Deadline to submit to the Department of
Commerce (DOC) nominations for award of the
National Medal of Technology.
notice in the Federal Register, February 14, 2003, Vol. 68, No. 31, at
|Monday, May 26
Memorial Day. The House and Senate will be in recess for the Memorial Day District
Work Period from May 26 through May 30.
|Tuesday, May 27
Deadline to submit comments to the U.S.
Patent and Trademark Office (USPTO) regarding its notice of proposed rulemaking (NPRM)
to amend its regulations to implement the Madrid Protocol Implementation Act of
2002 (MPIA). See,
notice in the Federal Register, March 28, 2003, Vol. 68, No. 60, at Pages
15119 - 15138.
|People and Appointments
5/20. President Bush announced his intent to nominate Penrose Albright
to be Assistant Secretary of Homeland Security (Plans, Programs and Budgets). He
is currently Assistant Director for Homeland and National Security in the White
House Office of Science and Technology Policy
(OSTP). He has also worked for the Defense
Advanced Research Projects Agency (DARPA) and the Institute for Defense
5/20. Josh Swift was named Legal Counsel to the
Federal Communications Commission (FCC)
Wireline Competition Bureau (WCB) Chief
William Maher. He has worked at the WCB since August of 2001. Before that, he
was a trial attorney at the Department of Justice (DOJ). Before that, he was an
associate in the Washington DC office of the law firm of
Morgan Lewis & Bockius.
5/20. Paul Garnett was named Acting Assistant Chief of the
Federal Communications Commission's (FCC)
Wireline Competition Bureau's (WCB)
Telecommunications Access Policy Division.
The Assistant Chief, Anita Cheng, is on parental leave. The FCC stated in a
release [PDF] that Garnett will have responsibility for "issues relating to
the receipt of universal service support in competitive areas, the payment of
universal service contributions, and the high-cost universal service support
mechanisms". He has worked at the FCC since March of 2000. Before that, he
worked in the Washington DC office of the law form of
5/19. The Senate confirmed Maurice Hicks to be a Judge of
the U.S. District Court for the Western District of Louisiana.
5/20. The Senate Banking
Committee held a hearing to examine the
Fair Credit Reporting Act (FCRA) and issues presented by the re-authorization
of the expiring preemption provisions. Howard Beales, Director of the
Federal Trade Commission's (FTC) Bureau of
Consumer Protection, testified. See,
testimony [29 pages in PDF].
5/20. The House Homeland
Security Committee's (HHSC) held a hearing to assess progress made by
the new Department of Homeland Security.
See, opening statement
by Rep. Chris Cox (R-CA), Chairman of the
Committee, and prepared
testimony of Secretary of Homeland Security
Ridge addressed, among other topics, cyber security. He testified that
Analysis and Infrastructure Protection Directorate (IA&IP) provides
infrastructure coordination for physical and cyber disruptions, maps threat
against vulnerability information, and provides indications and warnings of
potential attacks." He added that "We recognize that many of our nation's
infrastructures and processes are highly reliant on cyberspace. DHS is committed
to making the protection of our nation's cyber infrastructure and prevention of
cyber attacks a strategic priority."
5/19. The U.S. District Court (DC) issued its
opinion [26 pages in PDF] in
v. DOJ, a Freedom of Information Act (FOIA),
5 U.S.C. § 552, case
involving access to records of the
Department of Justice (DOJ) regarding
implementation of certain of the USA
PATRIOT Act's provisions pertaining to surveillance and investigations. Many
types of records were sought, including records pertaining to the new pen register
and trap and trace device authority provided under section 214 of the Act. The
Court ruled, on cross motions for summary judgment, that the requested
records are exempt from disclosure pursuant to two FOIA provisions.
|About Tech Law Journal
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