9/16. The Senate passed SJRes 17 by a vote of 55-40. See, Roll Call No. 348. This is a legislative veto of the Federal Communications Commission's (FCC) media ownership order of June 2, 2003. The House has not passed this resolution.

This resolution provides that it is "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Federal Communications Commission relating to broadcast media ownership (Report and Order FCC 03-127, received by Congress on July 10, 2003), and such rule shall have no force or effect." (Parentheses in original.)

This pertains to the FCC's June 2, 2003 Report and Order and Notice of Proposed Rulemaking [257 pages in PDF] amending its media ownership rules. See, story titled "FCC Announces Revisions to Media Ownership Rules" in TLJ Daily E-Mail Alert No. 672, June 3, 2003.

Sen. Byron Dorgan (D-ND) (at left) introduced this resolution on September 11, 2003. He stated in the Senate that "There is a provision in Federal law that allows the Congress to effectively veto a rule offered by a Federal agency under certain circumstances. This is called the Congressional Review Act. I call it a legislative veto. It is rarely used. In fact, this is only the second occasion on which it will be used. It requires 35 signatures of Senators to discharge a proposition from a committee and bring it to the Senate floor, with 10 hours of debate. Following the 10 hours of debate, there is then a vote on the resolution of disapproval." See, Congressional Record, September 11, 2003, at S11383.

Previously, on June 19, 2003, the Senate Commerce Committee approved S 1046, the "Preservation of Localism, Program Diversity, and Competition in Television Broadcast Service Act of 2003". This bill rolls back the FCC's announced changes pertaining to the national broadcast TV multiple ownership cap, and the cross ownership limits. It also changes the biennial review language of the Telecom Act of 1996 that the Circuit Court has relied upon in remanding FCC media ownership rules.

See, story titled "Senate Commerce Committee Passes Media Ownership Bill" in TLJ Daily E-Mail Alert No. 685, June 20, 2003.

Also, on September 4, 2003, the Senate Appropriations Committee approved S 1585, the fiscal year 2004 Commerce, Justice, State, and the Judiciary (CJS) appropriations bill with a manager's amendment that includes a provision that prohibits the use of funds to grant licenses for a commercial TV broadcast station if the granting of that license would result in such party having an aggregate national audience reach exceeding 35%. This has the effect, during fiscal year 2004, of reversing the FCC's recently announced change to the national TV ownership cap. However, unlike SJRes 17, this bill applies only to one portion of the FCC's June 2, 2003 report and order.

See, stories titled "Senate Appropriations Committee Marks Up CJS Bill" and "Senate Appropriations Bill Prevents FCC From Implementing New National TV Ownership Rule", September 4, 2003, also published in TLJ Daily E-Mail Alert No. 733, September 5, 2003.

Unlike the two previous committee considerations of measures pertaining to media ownership, which received bipartisan support, SJRes 17 was passed by a vote that closely followed party lines. Almost all of the Democrats supported resolution. Most Republicans opposed it.

Only two Democrats voted against the resolution: Sen. John Breaux (D-LA) and Sen. Zell Miller (D-GA). Several other Democrats who are off running for President missed the vote. Sen. Lamar Alexander (R-TN), Sen. Wayne Allard (R-CO), Sen. Susan Collins (R-ME), Sen. Elizabeth Dole (R-NC), Sen. Mike Enzi (R-WY), Sen. Kay Hutchison (R-TX), Sen. Trent Lott (R-MS), Sen. Pat Roberts (R-KS), Sen. Richard Shelby (R-AL), Sen. Olympia Snow (R-ME), and Sen. George Voinovich (R-OH) voted for the resolution.

Sen. Dorgan issued a release after the vote in the Senate that states that "there are sufficient votes in the House to pass it, but that House leaders have indicated they may try to block it".

However, Rep. Billy Tauzin (R-LA), the Chairman of the House Commerce Committee, which has jurisdiction over telecommunications, rebutted this assertion.

Rep. Tauzin (at right) stated in a release that "The House of Representatives has thoroughly debated -- and soundly defeated -- an earlier attempt to roll back key provisions of the FCC's new media ownership rules. What's more, based on today's vote, there clearly is not enough support in the Senate to override a threatened presidential veto. It's time for Congress to move on. I will vigorously resist any attempts to revisit these issues this year."

On July 23, 2003, the House passed HR 2799, the "Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act for Fiscal Year 2004", by a vote of 400-21. This contains the same provision as the Senate Appropriations Committee bill. See, Roll Call No. 422. See, story titled "House Passes CJS Bill With Media Ownership Section" in TLJ Daily E-Mail Alert No. 705, July 28, 2003.

Rep. Tauzin referred to an amendment offered by Rep. Maurice Hinchey (R-NY) that would have prohibited the use of funds to grant, transfer or assign certain broadcast licenses, unless certain ownership conditions are met. The amendment would have had the effect of preventing the FCC from fully implementing, during FY 2004, the newspaper broadcast cross ownership and local TV multiple ownership rule provisions of its new media ownership rules.

It failed by a vote of 174-254. See, Roll Call No. 407. The vote correlated with party affiliation. 34 Republicans voted for the amendment, and 194 voted against. 139 Democrats voted for the amendment, and 60 voted against. See, story titled "House Begins Consideration of CJS Bill" in TLJ Daily E-Mail Alert No. 704, July 23, 2003.

FCC Chairman Michael Powell issued a statement. He wrote that "This resolution, if passed by the House and signed by the president, would only muddy the media regulatory waters. It would bring no clarity to media regulation, only chaos. It would create perverse results, such as a return to looser radio rules permitting greater consolidation. This is a harm the FCC’s new media rules were designed to avoid.  It would also reinstate ownership rules that were overturned by the courts. Under the terms of the resolution, the FCC would be forbidden from reissuing any substantially similar rules. In short the agency would be powerless to cure the infirmities identified by the court."

"What is most important is to have the best policies for the American people. I hope the House will take a more considered view of the public interest", said Powell.

9/16. President Bush issued Homeland Security Presidential Directive/Hspd-6. It directs the Attorney General to develop a single terrorist screening database to support various federal, state and local screening processes. Also on September 16, the Department of Homeland Security (DHS), Federal Bureau of Investigation (FBI), Department of State, and Central Intelligence Agency (CIA) announced the establishment of a Terrorist Screening Center (TSC).

The Presidential Directive states that its purpose is to "To protect against terrorism it is the policy of the United States to (1) develop, integrate, and maintain thorough, accurate, and current information about individuals known or appropriately suspected to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism (Terrorist Information); and (2) use that information as appropriate and to the full extent permitted by law to support (a) Federal, State, local, territorial, tribal, foreign-government, and private-sector screening processes, and (b) diplomatic, military, intelligence, law enforcement, immigration, visa, and protective processes."

It provides that "The Attorney General shall establish an organization to consolidate the Government's approach to terrorism screening and provide for the appropriate and lawful use of Terrorist Information in screening processes."

It further provides that "The heads of executive departments and agencies shall, to the extent permitted by law, provide to the Terrorist Threat Integration Center (TTIC) on an ongoing basis all appropriate Terrorist Information in their possession, custody, or control. The Attorney General, in coordination with the Secretary of State, the Secretary of Homeland Security, and the Director of Central Intelligence shall implement appropriate procedures and safeguards with respect to all such information about United States persons. The TTIC will provide the organization referenced in paragraph (1) with access to all appropriate information or intelligence in the TTIC's custody, possession, or control that the organization requires to perform its functions."

The DHS stated in a release that the TSC will "consolidate terrorist watchlists and provide 24/7 operational support for thousands of federal screeners across the country and around the world.  The Center will ensure that government investigators, screeners and agents are working off the same unified, comprehensive set of anti-terrorist information - and that they have access to information and expertise that will allow them to act quickly when a suspected terrorist is screened or stopped."

The DHS added that "The new TSC is a multi-agency center, anchored by the Departments of Justice, Homeland Security, and State, and the Intelligence Community, and administered by the FBI. The mission to develop the technical capability for watchlist integration has been underway at the FBI's Foreign Terrorist Tracking Task Force (FTTTF), where TSC operations will be phased in during the coming weeks and operational by December 1, 2003. The TSC was established today by a Presidential directive to the heads of all departments and agencies (Homeland Security Presidential Directive 6, or ``HSPD 6´´)."

The DHS stated in a second release that "The TSC will receive the vast majority of its information about known or suspected terrorists from the TTIC after TTIC has assembled and analyzed that information from a wide range of sources.  In addition, the FBI will provide the TSC with information about purely domestic terrorism, i.e., having no connection to international terrorist activities. The TSC will consolidate this information into an unclassified terrorist screening database and make the database accessible to queries for federal, state, and local agencies for a variety of screening purposes."

9/12. The Federal Communications Commission's (FCC) Consumer & Governmental Affairs Bureau (CGB) released a report [18 pages in PDF] regarding inquiries and complaints processed during the second quarter of 2002.

The report states that the FCC received 273 complaints regarding cable services, 724 complaints regarding radio and television broadcasting, 3,901 complaints regarding wireless communications, and 10,418 complaints regarding wireline telecommunications.

Of the wireline complaints, 4,190 pertained to billing and rates. Another 3,342 pertained to the Telephone Consumer Protection Act of 1991 (TCPA). This includes complaints regarding unsolicited junk faxes, violation of a do not call request, artificial or prerecorded messages, and time of day violations.

The report states that the FCC received 4,818 inquiries regarding cable services, 6,014 inquiries regarding radio and television broadcasting, 13,983 inquiries regarding wireless communications, and 50,249 inquiries regarding wireline telecommunications. The report states that the FCC received 7,279 inquiries regarding TCPA issues.

The report summed up complaint activity as follows: "Complaint activity within the top categories was generally lower during the second quarter. Radio & Broadcasting complaints were an exception: they increased from 439 in the first quarter to 724 during the second quarter. The increase was spurred by increases in indecency complaints, and disability complaints received in connection with a write-in campaign that urged television stations in Richmond, Virginia, to provide real-time closed captioning of live news broadcasts. Cable complaints fell from 308 during the first quarter to 273 in the second quarter, with most Cable categories experiencing modest declines. Wireless complaints dropped from 4,119 to 3,901 due to modest declines in four of the top five Wireless categories. Contract-Early Termination complaints ran counter to the downward trend, rising from 481 to 504. Meanwhile, Wireline complaints dropped from 13,502 to 10,418. Complaint counts in all five top Wireline categories fell sharply."

9/4. The American Teleservices Association (ATA) filed a complaint in U.S. District Court (DC) against the Federal Communications Commission (FCC) alleging violation of the Freedom of Information Act (FOIA), codified at 5 U.S.C. § 552, in connection with the ATA's efforts to obtain from the FCC personally identifying information about the over 10,000 consumers who have complained to the FCC about telemarketing practices.

The ATA's complaint states that this dispute pertains to the FCC's notice of proposed rulemaking (NPRM) [51 page PDF scan] regarding the Telephone Consumer Protection Act of 1991 (TCPA). The FCC stated that this NPRM was "prompted, in part, by the increasing number and variety of inquiries and complaints involving our rules on telemarketing". The FCC adopted this NPRM on September 12, 2002, and released it on September 18, 2002. See, notice in the Federal Register, October 8, 2002, Vol. 67, No. 195, at Pages 62667 - 62681. This is CG Docket No. 02-278, CC Docket No. 92-90, and FCC 02-250.

The ATA complaint states that it asked the FCC for "access to telemarketing complaints", and that FCC "staff responded by requiring that ATA file a FOIA request to obtain the documents". The complaint further states that the FCC Consumer and Governmental Affairs Bureau (CGB) indicated that the FCC "would redact personally identifiable information from the complaints and inquiries, such as names, addresses, and telephone numbers".

The ATA complaint further states that the "ATA to date has received only 2,420 -- or less than 25 percent -- of the requested TCPA complaints, no predictive dialer inquiries, and only a handful of non-responsive non-public FCC citations arising from TCPA complaints."

It alleges that "There was no legal basis to require proceeding under the FOIA rather than simply making the documents publicly available."

The ATA seeks a judgment declaring that the "FCC's failure to disclose the records requested by plaintiff is unlawful" and "enjoining the FCC from withholding the requested records".

The complaint does not state why the ATA wants these consumer complaints, or what it plans to do with the personally identifying information. But then, the FOIA does not require that the requester state a reason for requesting records.

The FCC has not yet filed an answer.

This case is American Teleservices Association v. FCC, D.C. No. 03-CV-1848, Judge Richard Leon presiding. The complaint was signed by Robert Corn-Revere of the law firm of Davis Wright Tremaine. It was filed on September 4, 2003.

Also, on July 25, 2003, the ATA and others filed a petition for review [4 pages in PDF] with the U.S. Court of Appeals (10thCir) of the FCC's order establishing a national do not call list in the same rulemaking proceeding referenced in the FOIA complaint. The FCC adopted this order on June 26, 2003, and released it on July 3, 2003. See also, FCC notice in the Federal Register, July 25, 2003, Vol. 68, No. 143, at Pages 44143 - 44179. This is CG Docket No. 02-278, and FCC 03-153. Corn-Revere is also counsel for the ATA in this petition for review.

The FCC instituted this rulemaking proceeding, and issued this order, to protect the privacy of consumers from the telemarketers represented by the ATA. Now, the ATA seeks to use administrative and legal processes to further invade the privacy of these consumers.

9/16. The Securities and Exchange Commission (SEC) filed a petition in U.S. District Court (SDNY) against Vivendi Universal pursuant to Section 1103 of the Sarbanes Oxley Act seeking an order requiring Vivendi to place in escrow "extraordinary payments" that Vivendi may be likely to make to its former CEO, Jean-Marie Messier.

This pertains to a disputed severance package. Vivendi opposes making the payment at issue to Messier, but has been ordered by a state court to make payment.

HR 3763 (107th Congress), the "Sarbanes Oxley Act of 2002", was enacted in 2002. It became Public Law No. 107-204. Section 1103 of the Act amends Section 21C(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-3(c)) by adding a new subsection regarding the issuance of temporary freezes.

This new provision provides, in part, that "Whenever, during the course of a lawful investigation involving possible violations of the Federal securities laws by an issuer of publicly traded securities or any of its directors, officers, partners, controlling persons, agents, or employees, it shall appear to the Commission that it is likely that the issuer will make extraordinary payments (whether compensation or otherwise) to any of the foregoing persons, the Commission may petition a Federal district court for a temporary order requiring the issuer to escrow, subject to court supervision, those payments in an interest-bearing account for 45 days."

The SEC stated in a release that SEC "staff has been investigating possible violations of the federal securities laws by Vivendi and its directors, officers, partners, controlling persons, agents, or employees pursuant to a formal order of private investigation issued by the Commission on November 14, 2002."

The SEC release adds that "On September 11, 2003 a New York court affirmed an arbitration panel decision ordering Vivendi to pay Messier €20,555,342 (or approximately $23 million) pursuant to a termination agreement with Vivendi. The SEC's application requests that the United States District Court order Vivendi to place in escrow, subject to court supervision, the money that Messier is claiming."

See also, Vivendi release regarding the arbitration panel decision. It states that "The New York State Court issued its order following the Vivendi Universal's motion to vacate the award rendered by the Arbitration panel. The New York tribunal denied Vivendi Universal's motion and ordered the company to pay € 20,5 million to Mr Messier. Vivendi Universal intends to use all legal options in order to oppose a payment to Mr Messier including appeal and a request to stay enforcement of the judgment pending the appeal".

This case is Securities and Exchange Commission v. Vivendi Universal, S.A., D.C. No. M-11-03.

9/15. The U.S. Court of Appeals (FedCir) issued its opinion [MS Word] in Akamai v. Cable & Wireless, a patent infringement case involving technologies for alleviating internet congestion.

The Massachusetts Institute of Technology (MIT) is the assignee of U.S. Patent No. 6,108,703 titled "Global hosting system" which pertains to methods for decreasing congestion and delay in accessing web pages on the internet. Akamai Technologies, which is based in Cambridge, Massachusetts, is the exclusive licensee.

Cable & Wireless (C&W) is the assignee of U.S. Patent No. 6,185,598 titled "Optimized network resource location", which is directed to similar systems and methods for increasing the accessibility of web pages on the internet. The '598 patent application was filed before the '703 application.

Akamai filed a complaint in U.S. District Court (DMass) against C&W alleging infringement of the '703 patent. C&W asserted that the '703 patent was anticipated by the '598 patent. A trial jury returned a verdict upholding the validity of certain claims, and determining infringement of certain claims. C&W moved for judgment as a matter of law. The District Court denied the motion. This appeal followed.

The Appeals Court held that certain claims are anticipated by the '598 patent, and are therefore invalid, pursuant to  35 U.S.C. § 102. The Appeals Court affirmed as to other claims.

This caes is Akamai Technologies, Inc. and Massachusetts Institute of Technology v. Cable & Wireless Internet Services, Inc. and Kinetech, Inc., No. 03-1007, an appeal from the U.S. District Court for the District of Massachusetts, D.C. No. 00-CV-11851, Judge Rya Zobel presiding.

9/16. Securities and Exchange Commission (SEC) Chairman William Donaldson appointed Matthew Rees to be Chief Speechwriter and Senior Adviser to the Chairman. Rees has previously been a speech writer at the White House and the Office of the U.S. Trade Representative. Before that, he worked as a journalist at The Weekly Standard, The Economist, The New Republic, and The Wall Street Journal. See, SEC release.

9/16. The Federal Communications Commission (FCC) published a notice in the Federal Register that summarizes its report and order that requires that digital wireless phones be capable of being effectively used with hearing aids. The FCC adopted this order on July 10, 2003, and released it on August 14, 2003. This is WT Docket No. 01-309 and FCC 03-168. The effective date of the report and order is November 17, 2003. See, Federal Register, September 16, 2003, Vol. 68, No. 179, at Pages 54173 - 54176.

9/15. The Free Expression Policy Project released an updated version of its report titled "The Progress of Science and Useful Arts: Why Copyright Today Threatens Intellectual Freedom". The report was written by Marjorie Heins.

The House will meet at 10:00 AM for legislative business. It may consider HR 49, the "Internet Tax and Nondiscrimination Act" under suspension of the rules. See, Republican Whip Notice.

8:30 AM - 5:00 PM. The National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board will meet. This is the second day of a three day series of meetings. The agenda includes (1) a session on agencies customer service management work, (2) a session on the National Information Assurance Program extension activities, (3) a session on acceptable behavior of "Touching the Browser", (4) NIST information technology laboratory briefings, (5) an update by OMB on privacy and security issues, and (6) a briefing by the Department of Homeland Security Privacy Officer. See, notice in the Federal Register, August 27, 2003, Vol. 68, No. 166, at Pages 51559 - 51560. Location: Bethesda Hyatt Regency Hotel, 7400 Wisconsin Ave., Bethesda, MD.

10:00 AM - 12:00 NOON. The NetChoice Coalition will host a panel discussion titled "Sales Tax on the Internet? Consumer Rights vs. Government Revenue". At 10:00 AM, Sen. Ron Wyden (D-OR), the sponsor of S 52, the Internet Tax Nondiscrimination Act, will speak. At 10:30 AM there will be a panel discussion. The speakers will be David Baker (Earthlink), Tod Cohen (eBay), Maureen Riehl (National Retail Federation), Scott Peterson (Streamlined Sales Tax Project), Rob Atkinson, (Progressive Policy Institute), and Jonathan Chait (The New Republic). Location: Room 608, Dirksen Building.

10:00 AM. The House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing on HR __, the "International Consumer Protection Act of 2003". This bill would give the FTC more authority with respect to cross border enforcement of consumer fraud -- particularly internet based fraud. The witnesses will be Timothy Muris (Chairman of the FTC), Marc Rotenburg (Electronic Privacy Information Center | prepared testimony), Ari Schwartz (Center for Democracy and Technology), and Mark MacCarthy (Visa USA). The hearing will be webcast. Press contact: Ken Johnson or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.

10:00 AM. The House Government Reform Committee's Subcommittee on Technology, Information Policy, Intergovernmental Relations and the Census will hold a hearing titled "Should the Common Criteria be Applied to ALL Government Software Purchases?" The witnesses will be Michael Fleming (Chief, Information Assurance Solutions Group, Information Assurance Directorate, National Security Agency), Robert Gorrie (Defense-wide Information Assurance Program, Department of Defense), Edward Roback (Computer Security Division, National Institute of Standards and Technology), Eugene Spafford (Purdue University), Mary Ann Davidson (Oracle), David Thompson (Security Evaluation Laboratory at Cygnacom Solutions), and Chris Klaus (Chief Technology Officer of ISS). Location: Room 2154, Rayburn Building.

10:00 AM. The Senate Judiciary Committee will hold a hearing on several pending judiciary nominations, including David McKeague (to be a Judge of the U.S. Court of Appeals for the Sixth Circuit). Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Commerce Committee will hold a hearing titled "Consumer Privacy and Government Technology Mandates in the Digital Media Marketplace". This hearing will examine "the consumer privacy implications of the use of subpoena powers by copyright holders to obtain the identities of Internet subscribers allegedly infringing on their copyrights" and "whether the government can mandate content protection technologies without limiting consumers' legal uses of digital media products". The scheduled witnesses are William Barr (General Counsel of Verizon), James Ellis (General Counsel of SBC Communications), John Rose (EVP of EMI), Carey Sherman (President of the RIAA), Alan Davidson (Center for Democracy and Technology), Lawrence Blanford (P/CEO of Philips Consumer Electronics North America), Jack Valenti (Ch/CEO of the MPAA), Christopher Murray (Consumers Union), and Edward Felten (Princeton University). Press contact: Rebecca Hanks (McCain) 202 224-2670 or Andy Davis (Hollings) at 202 224-6654. Location: Room 253, Russell Building.

10:00 AM. The House Financial Services Committee will hold a hearing titled "Accounting under Sarbanes Oxley: Are Financial Statements More Reliable?" Location: Room 2128, Rayburn Building.

10:00 AM. The Senate Governmental Affairs Committee will hold a hearing "to examine what can be done to ensure the future viability of the U.S. Postal Service". On July 31 the President's Commission on the United States Postal Service issued a report [208 pages in PDF] titled "Embracing the Future, Making the Tough Choices to Preserve Universal Mail Service". This report recommends that the USPS stop providing electronic and internet based bill presentment and payment, money transfers, certified mail, and data transmission services. See, story titled "Presidential Commission Reports on USPS and E-Mail" in TLJ Daily E-Mail Alert No. 710, August 4, 2003. Location: Room 342, Dirksen Building.

10:00 AM. Bill Maher, Bureau Chief of the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB), will host a "media briefing" to address "near-term issues in the wireline area". RSVP to Michael Balmoris at 202 418-0253 or Michael.Balmoris@fcc.gov. Location: FCC, 445 12th St., SW, Room TW A-402/A-442.

11:00 AM - 4:00 PM. The Cato Institute will host a symposium titled "The Supreme Court: Past and Prologue: A Look at the October 2002 and October 2003 Terms". The fourth panel, at 3:30 PM, will address the upcoming term. The speakers on that panel will be James Swanson (Cato), Michael Carvin, Walter Dellinger (O'Melveny & Myers), and Thomas Goldstein (Goldstein & Howe). The event will be webcast. See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

11:00 AM. Sen. Hillary Clinton (D-NY), Rep. Richard Burr (R-NC), Rep. Anna Eshoo (D-CA), and United Way representatives, including actor George Clooney, will hold a press conference to announce the introduction of S __, the "Calling for 2-1-1 Act of 2003". Location: Room 236, Russell Building.

12:00 NOON - 1:30 PM. The Intellectual Property Law Section of the D.C. Bar Association and the ABA will host a luncheon titled "The Clash Between the Right of Publicity and the First Amendment". The price is $10, or free if you bring your own lunch. Location: Finnegan Henderson, 1300 I Street, NW.

1:00 - 2:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will hold a closed meeting via conference call.. The agenda includes issues "regarding security matters due to diversity of ownership, control, and access to U.S. critical telecommunication and information technology infrastructures" and interdependencies of critical infrastructures. See, notice in the Federal Register, September 8, 2003, Vol. 68, No. 173, at Page 52971.

1:30 PM. Speaker Denny Hastert (R-IL), Rep. Bob Goodlatte (R-VA) and other Republicans will hold a press conference to announce the guiding principles for the Republican High Tech Working Group for the 108th Congress. Location: Room HC-6, Capitol Building.

3:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Science and Research and Development and Subcommittee on Infrastructure and Border Security will hold a joint hearing titled "Implications of Power Blackouts on America's Cyber Networks and Critical Infrastructure, Part II". The witnesses will be Robert Liscouski (Department of Homeland Security), Denise Swink (Office of Energy Assurance), Col. Michael McDaniels (Assistant Adjutant General for Homeland Security, State of Michigan), and Robert Dacey (Director of Information Security Issues, GAO). Location: Room HC-5, Capitol Building.

The House will meet at 10:00 AM for legislative business. It may consider HR 49, the "Internet Tax and Nondiscrimination Act" under suspension of the rules. See, Republican Whip Notice.

See, Republican Whip Notice.

8:00 AM - 1:45 PM. The U.S. Chamber of Commerce will host an event titled "Immigration -- Access, Security and the American Economy". See, notice. The price to attend is $95 (members) or $155 (non-members). Location: U.S. Chamber of Commerce, 1615 H Street, NW.

8:30 AM - 1:00 PM. The National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board will meet. This is the third day of a three day series of meetings. The agenda includes (1) a session on agencies customer service management work, (2) a session on the National Information Assurance Program extension activities, (3) a session on acceptable behavior of "Touching the Browser", (4) NIST information technology laboratory briefings, (5) an update by OMB on privacy and security issues, and (6) a briefing by the Department of Homeland Security Privacy Officer. See, notice in the Federal Register, August 27, 2003, Vol. 68, No. 166, at Pages 51559 - 51560. Location: Bethesda Hyatt Regency Hotel, 7400 Wisconsin Ave., Bethesda, MD.

9:00 AM. The AEI-Brookings Joint Center for Regulatory Studies will host a conference titled "Is More Regulation of Wireless Services Necessary?" See, notice. Location: American Enterprise Institute, 12th floor, 1150 17th St., NW.

9:00 AM. The Federal Communications Commission (FCC) host an event titled "Rural Wireless Internet Service Provider (WISP) Showcase and Workshop". For more information, contact Robert Pepper (Chief, Policy Development) at Robert.Pepper@fcc.gov or 202 418-2030. See, agenda [PDF]. Location: FCC, Commission Meeting Room, 445 12th Street, SW.

9:30 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will meet to mark up HR 2898, the "E-911 Implementation Act of 2003". Press contact: Ken Johnson or Vikki Riley at 202 225-5735. Location: Room 2123, Rayburn Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in American Family Association v. FCC, No. 00-1310. This case pertains to issuance of noncommercial educational broadcast licenses. Judges Sentelle, Henderson and Tatel will preside. Location: 333 Constitution Ave. NW.

10:30 AM. The Senate Judiciary Committee is scheduled to hold an executive business meeting. See, notice. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Practice Committee will host a brown bag lunch. The topic will be "Antitrust Law and the Telecommunications Act of 1996: Broader Implications of the Supreme Court Trinko Case". The speakers will include Donald Russell (Robbins Russell) and John Thorne (Verizon). RSVP to Cecelia Burnett 202 637-8312. Location: Hogan & Hartson, 555 13th Street, NW, lower level.

The U.S. Trade Representative's (USTR) interagency Trade Policy Staff Committee (TPSC) will hold a hearing to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments that it made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, July 21, 2003, Vol. 68, No. 139, at Pages 43247 - 43248. Location: Room 1, 1724 F Street, NW.

The House will not meet. See, Republican Whip Notice.

9:00 AM - 4:00 PM. the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Networking and Information Technology Research and Development (NITRD) Interagency Working Group will meet. RSVP is required in advance in order to make arrangements for a visitor's badge. For more information, contact Virginia Moore moore@nitrd.gov or 703 292-4873. Location: NSF, Stafford Building, 4201 Wilson Blvd., Arlington, VA.

12:00 NOON. The Cato Institute will host an panel discussion titled "Debunking Myths about the Media Ownership Debate". The speakers will be Richard Wiley (former Chairman of the FCC), James Quello (former Chairman of the FCC), and Harold Furchtgott-Roth (former Commissioner of the FCC). A luncheon will follow the program. Registration is required to attend. See, notice and registration page. For more information, contact: Krystal Brand at kbrand@cato.org. Location: Room B-369, Rayburn Building.

Day one of a three day conference titled "Telecommunications Policy Research Conference". See, conference agenda and registration form. Location: George Mason University School of Law, Arlington, VA.

Day two of a three day conference titled "Telecommunications Policy Research Conference". See, conference agenda and registration form. Location: George Mason University School of Law, Arlington, VA.

Day three of a three day conference titled "Telecommunications Policy Research Conference". See, conference agenda and registration form. Location: George Mason University School of Law, Arlington, VA.

1:00 -3:00 PM. The Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) will sponsor a tutorial titled "Technical Challenges Associated with the Evolution to VoIP". The speakers will include Susan Spradley (Wireline Networks) and Alan Stoddard (Nortel Networks). The tutorial will cover (1) an overview of IP telephony, (2) the routing of information through the packet network, (3) provision of voice and IP communication services on a single data network, (4) network engineering rules and parameters, (5) various transition models to IP telephony, and (6) business models for service providers and end users. See, FCC release [PDF]. Location: FCC, Commission Meeting Room (TW-C305), 445th 12th Street SW., Washington, D.C.

6:00 - 9:15 PM. The Intellectual Property Law Section of the D.C. Bar Association will host a CLE course titled "Patent Damages: Discovery, Pre-trial and Litigation Strategies". Prices vary. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, 1250 H Street, NW, B-1 level.

Day one of a two day meeting hosted by the International Trademark Association (INTA) titled "Trademarks in Cyberspace". See, conference web site. Location: The Ritz-Carlton, Pentagon City, Arlington, VA.

Deadline to submit comments to the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Subcommittee on Research Business Models regarding the relationship between federal agencies and researchers. The NSTC published a notice in the Federal Register stating that it "is undertaking a review of policies, procedures, and plans relating to the business relationship between federal agencies and research performers with the goal of improving the performance and management of federally sponsored basic and applied scientific and engineering research. As part of that effort, the Subcommittee will hold a series of regional workshops in the Fall of 2003 to solicit input and feedback from the research performer community. This notice is intended to collect data that will assist the Subcommittee in setting agendas for those regional workshops." See, Federal Register, August 6, 2003, Vol. 68, No. 151, at Pages 46631 - 46632.

Deadline to submit comments to the Copyright Office (CO) in response to its Notice of Proposed Rulemaking (NPRM) regarding rates and terms for the use of sound recordings in eligible nonsubscription transmissions made by noncommercial licensees, and for the making of related ephemeral recordings. See, notice in the Federal Register, August 21, 2003, Vol. 68, No. 162, at Pages 50493 - 50495.

9:30 AM. John Muleta, Bureau Chief of the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB), will hold a "briefing for members of the media". RSVP to Marybeth McCarrick at 202 418-0654. Location: FCC, 445 12th St., SW, Room TW A-402/A-442.

12:00 NOON - 12:00 PM. The Computer & Telecommunications Law Section, and the Antitrust Section, of the D.C. Bar Association will host a brown bag lunch. The topic will be "Telecommunications Access". Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 level.

12:15 PM. The Federal Communications Bar Association's (FCBA) Cable Practice Committee will host a brown bag lunch on "current cable issues". For more information, contact Frank Buono at fbuono@willkie.com. RSVP to wendy@fcba.org Location: Willkie Farr & Gallagher, 1875 K Street, NW.

4:00 PM. Douglas Lichtman (University of Chicago Law School) will speak on "Prosecution History Estoppel: Empirical Evidence from Patent Prosecution". For more information, contact Robert Brauneis at 202 994-6138 or rbrauneis@law.gwu.edu. Location: George Washington University Law School, Faculty Conference Center, 5th Floor, Burns Building, 716 20th Street, NW.

Day two of a two day meeting hosted by the International Trademark Association (INTA) titled "Trademarks in Cyberspace". See, conference web site. Location: The Ritz-Carlton, Pentagon City, Arlington, VA.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding its notice of proposed rulemaking (NPRM) pertaining to its rules governing the provision of air ground telecommunications services on commercial airplanes in order to enhance the options available to the public. The FCC adopted this NPRM on April 17, 2003, and released it on April 28, 2003. This is WT Docket No. 03-103. See, notice in the Federal Register, July 25, 2003, Vol. 68, No. 143, at Pages 44003 - 44011.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding making more spectrum available for unlicensed devices, including WiFi, in the 5 GHz band. See, stories titled "FCC Adopts NPRM to Increase Unlicensed Spectrum" in TLJ Daily E-Mail Alert No. 663, May 16, 2003; "FCC Releases NPRM Regarding Increasing Amount of Unlicensed Spectrum" in TLJ Daily E-Mail Alert No. 674, June 5, 2003, and "Delegates Discuss World Radiocommunications Conference" in TLJ Daily E-Mail Alert No. 703, July 22, 2003. See also, notice in the Federal Register, July 25, 2003, Vol. 68, No. 143, at Pages 44011 - 44020. This is ET Docket No. 03-122. The FCC adopted this NPRM on May 15, 2003, and released June 4, 2003.

9/15. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released a draft [137 pages in PDF] of NIST Special Publication 800-61, titled "Computer Security Incident Handling Guide".

This draft guide states that "Computer security incident response -- the mitigation of violations of security policies and recommended security practices -- has become an important component of information technology (IT) programs. Security-related threats have become not only more numerous and diverse but also more damaging and disruptive."

This guide states that it "seeks to help both established and newly formed incident response teams" and "will assist organizations in establishing computer security incident response capabilities and handling incidents efficiently and effectively."

This guide addresses organizing a computer security incident response capability, establishing incident response policies and procedures, structuring an incident response team, and handling incidents from initial preparation through the post-incident lessons learned phase.

It also addresses incidents, such as denial of service, malicious code, unauthorized access, inappropriate usage, and multiple component incidents.

This guide was written by Tim Grance, Karen Kent, and Brian Kim.

The NIST seeks public comment. The deadline for public comment is October 15, 2003. Comments may be sent to IncidentHandlingPub800-61@nist.gov.