10/14. The Supreme Court granted petitions for writ of certiorari in Ashcroft v. ACLU, No. 03-218. See, Order List [15 pages in PDF] at page 2. This will be the second time for the Supreme Court to consider the Child Online Protection Act (COPA), which bans sending to minors over the web material that is harmful to minors. On March 6, 2003 the U.S. Court of Appeals (3rdCir) issued its opinion [59 pages in PDF] holding the COPA unconstitutional on first amendment grounds.

The COPA provides, in part, that "Whoever knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of the World Wide Web, makes any communication for commercial purposes that is available to any minor and that includes any material that is harmful to minors shall be fined not more than $50,000, imprisoned not more than 6 months, or both."

The COPA further provides that "It is an affirmative defense to prosecution under this section that the defendant, in good faith, has restricted access by minors to material that is harmful to minors ... by requiring use of a credit card, debit account, adult access code, or adult personal identification number ... by accepting a digital certificate that verifies age; or ... by any other reasonable measures that are feasible under available technology."

The COPA is now codified at 47 U.S.C. § 231.

The COPA was enacted into law in 1998. It was a reaction to the Supreme Court decision holding unconstitutional the Communications Decency Act (CDA). Unlike the CDA, which banned all internet indecency, the COPA only affects the web, only affects commercial communications, and only restricts material that is harmful to minors.

The COPA is based upon S 1482 (105th Congress), introduced by former Sen. Dan Coats (R-IN). However, the final language was that of HR 3783 (105th), sponsored by Rep. Mike Oxley (R-OH). The bill was passed as part of the Omnibus Appropriations Act for FY 1999. President Clinton signed this bill on October 21, 1998. See, TLJ story titled "Internet and Tech Bills Become Law", October 22, 1998.

The ACLU and other interest groups promptly filed a complaint in U.S. District Court (EDPenn) challenging the constitutionality of the COPA. See, TLJ story titled "ACLU Files Suit Challenging the Child Online Protection Act", October 23, 1998.

In the first round, the District Court issued a preliminary injunction on First Amendment grounds, and the Court of Appeals affirmed. The Supreme Court then vacated and remanded to the Third Circuit.

On May 13, 2002, the Supreme Court issued its opinion [54 pages in PDF] upholding the constitutionality of the community standards component of the COPA. It wrote that "This case presents the narrow question whether the Child Online Protection Act's (COPA or Act) use of ``community standards´´ to identify ``material that is harmful to minors´´ violates the First Amendment. We hold that this aspect of COPA does not render the statute facially unconstitutional."

The Supreme Court wrote that "The scope of our decision today is quite limited. We hold only that COPA's reliance on community standards to identify ``material that is harmful to minors´´ does not by itself render the statute substantially overbroad for purposes of the First Amendment. We do not express any view as to whether COPA suffers from substantial overbreadth for other reasons, whether the statute is unconstitutionally vague, or whether the District Court correctly concluded that the statute likely will not survive strict scrutiny analysis once adjudication of the case is completed below. While respondents urge us to resolve these questions at this time, prudence dictates allowing the Court of Appeals to first examine these difficult issues." (Emphasis in original.)

The Supreme Court also noted that the Attorney General did "not ask us to vacate the preliminary injunction entered by the District Court, and in any event, we could not do so without addressing matters yet to be considered by the Court of Appeals. As a result, the Government remains enjoined from enforcing COPA absent further action by the Court of Appeals or the District Court."

Then in this second round, the Third Circuit, on remand, again affirmed the District Court injunction, but on different grounds. It held that "the District Court did not abuse its discretion in granting the plaintiffs a preliminary injunction on the grounds that COPA, in failing to satisfy strict scrutiny, had no probability of success on the merits. COPA is clearly a content-based restriction on speech. Although it does purport to serve a compelling governmental interest, it is not narrowly tailored, and thus fails strict scrutiny. COPA also fails strict scrutiny because it does not use the least restrictive means to achieve its ends. The breadth of the ``harmful to minors´´ and ``commercial purposes´´ text of COPA, especially in light of applying community standards to a global medium and the burdens on speech created by the statute’s affirmative defenses, as well as the fact that Congress could have, but failed to employ the least restrictive means to accomplish its legitimate goal, persuade us that the District Court did not abuse its discretion in preliminarily enjoining the enforcement of COPA." The Appeals Court also held that the COPA is overbroad.

10/14. The Supreme Court denied certiorari without opinion in Bridgeport Music, Inc., et al. v. Still N the Water Publishing, et al., No. 03-215. See, Order List [15 pages in PDF] at page 4. This is a music copyright case involving sampling of copyrighted works in rap and hip hop music recordings. The U.S. District Court (MDTenn) dismissed for lack of personal jurisdiction over out of state defendants. The U.S. Court of Appeals (6thCir) issued its opinion on May 5, 2003 affirming the dismissal for lack of personal jurisdiction.

10/14. The Supreme Court denied certiorari, without opinion, in Baxter v. Abbott Laboratories, No. 03-59. See, Order List [15 pages in PDF] at page 12. This is a drug patent case arising in the U.S. District Court (NDIll) and appealed to the U.S. Court of Appeals (FedCir).

10/10. The National Institute of Standards and Technology's (NIST) Computer Security Division released five publications pertaining to information technology security for government agencies.

First, the NIST released a document [71 pages in PDF] titled "Security Considerations in the Information System Development Life Cycle", by Tim Grance, Joan Hash, and Marc Stevens. This is NIST Special Publication (SP) 800-64. This document is a guideline to help government agencies select and acquire cost effective security controls by explaining how to include information system security requirements in the system development life cycle process. . This document supersedes NIST Special Publication 800-4, titled "Computer Security Considerations in Federal Procurements: A Guide for Procurement Initiators, Contracting Officers, and Computer Security Officials", published in March 1992.

Second, the NIST released a document [PDF] titled "Building an Information Technology Security Awareness and Training Program". This is SP 800-50.

Third, the NIST released a document [PDF] titled "Guideline on Network Security Testing". This is SP 800-42.

Fourth, the NIST released a document [PDF] titled "Guide to Selecting Information Security Products". This is SP 800-36.

Fifth, the NIST released a document [PDF] titled "Guide to Information Technology Security Services". This is SP 800-35.

10/9. The Federal Communications Commission (FCC) filed with the U.S. Court of Appeals (DCCir) its opposition [PDF] to the incumbent local exchange carriers' (ILEC) petitions for writ of mandamus that challenge the unbundled network element platform (UNE-P) provisions of the FCC's triennial review order [576 pages in PDF].

The FCC argues that a writ of mandamus is an "extreme remedy", and that the ILEC petitioners have not met the high burden required for this writ. Moreover, the FCC argues that the TRO is fully consistent with the USTA v. FCC opinion which vacated the previous unbundling order.

This proceeding is not a petition for review of the FCC's TRO, although petitions for review have also been filed. Rather, this is a continuation of the proceeding in which the Court of Appeals overturned the FCC's previous unbundling order. The ILECs assert that the TRO flouts and defies the previous opinion of the Court of Appeals in USTA v. FCC, 290 F.3d 415 (2002)

That is, the Supreme Court vacated the FCC's first unbundling order in AT&T v. Iowa Utilities Board, 525 U.S. 366 (1999). The FCC then promulgated its second unbundling order, in its proceeding titled "Implementation of the Local Competition Provisions of the Telecommunications Act of 1996"; see, Third Report and Order and Fourth Further Notice of Proposed Rulemaking, published at 15 FCC Rcd 3696 (1999). But, the DC Circuit vacated that order last year in USTA v. FCC, and the Supreme Court denied certiorari. The TRO, which is the third unbundling order, was promulgated in response to the USTA v. FCC opinion.

The FCC announced its TRO on February 20, 2003, but did not release the text until August 21, 2003. See, TLJ story titled "Summary of FCC Triennial Review Order", also published in TLJ Daily E-Mail Alert No. 725, August 25, 2003. See also, stories titled "FCC Announces UNE Report and Order", "FCC Order Offers Broadband Regulatory Relief", "FCC Announces Decision on Switching", "Commentary: Republicans Split On FCC UNE Order", and "Congressional Reaction To FCC UNE Order" in TLJ Daily E-Mail Alert No. 609, February 21, 2003.

The TRO addressed many subjects. While much of the coverage of the TRO in TLJ has focused on the broadband related provisions, the petitions for writ of mandamus go to the provisions regarding unbundled network element platform, or UNE-P.

On August 28, 2003, the U.S. Telecom Association (USTA), SBC Communications, BellSouth and Qwest filed a petition for writ of mandamus with the U.S. Court of Appeals (DCCir) seeking a stay of part of the FCC's triennial review order [576 pages in PDF]. This petition was filed in the Appeals Court proceeding numbered 00-1012 (and consolidated proceedings). These pertain to the petitions for review of the FCC's previous unbundling order. The present petition asserts that the TRO flouts and defies the previous opinion of the Court of Appeals, and seeks a writ of mandamus staying part of the order. Also on August 28, Verizon filed a parallel petition for writ of mandamus with the same court, seeking broader relief.

See, stories titled "ILECs File Petitions for Writ of Mandamus Challenging Triennial Review Order" and "A Petition For Writ of Mandamus?" in TLJ Daily E-Mail Alert No. 730, September 2, 2003; and "Appeals Court Orders FCC to Respond to Petitions for Writ of Mandamus Regarding Number Portability" in TLJ Daily E-Mail Alert No. 749, September 30, 2003.

The FCC states in its opposition to the petitions for writ of mandamus that "Not only is direct review a fully adequate means for the ILECs to seek relief ..., the Triennial Review Order is wholly consistent with -- and fully supported by -- this Court’s mandate in USTA. The Order abandoned the impairment standard that the Court found deficient in USTA, and adopted a new standard that is substantially similar to standards advocated by the ILECs."

The opposition brief also argues that "The ILECs now challenge the merits of the few portions of the Triennial Review Order that did not go their way. Primarily, they attack the FCC’s decision to delegate a role to the state commissions in implementing a granular, market-by-market impairment test. Not only was the lawfulness of such a delegation not even discussed in USTA, but the ILECs themselves have repeatedly advocated precisely this kind of delegation to the states."

It further argues that "It is thus clear that the ILECs’ real complaint is that the FCC decided not to eliminate immediately the unbundling of switching and several other network elements. But neither the USTA decision nor any other court decision requires such a result. And the FCC’s decisions were based on highly factual determinations amply justified by the record."

The FCC's brief was prepared by the Department of Justice and the FCC's Office of General Counsel, whose job it is to defend the orders of the FCC.

However, the arguments advanced in the FCC in its opposition are contrary to the arguments advanced by FCC Chairman Michael Powell. For example, he wrote in his statement [6 pages in PDF] of February 20, 2003, that "the majority flouts the D.C. Circuit mandate."

Powell elaborated that the TRO "is legally suspect if for no other reason than it is nearly identical at its core to the ill-fated UNE Remand Order of 1999. In substance and in spirit it endeavors again to reverse the presumptions of the statute by treating unbundled switching as an unqualified good that should be provided by an incumbent to an entrant, unless the incumbent proves that the ``presumption´´ of impairment is unwarranted. I think this basic paradigm turns the statute on its head and flies in the face of the Court’s ruling."

10/7. Joe Whitley, General Counsel of the Department of Homeland Security (DHS), gave a speech to the National College of District Attorneys. One of the subjects that he addressed was data mining at the DHS.

Whitley began by reviewing the creation, organization and progress of the new DHS, which was created last year by the Homeland Security Act of 2002, Public Law 107-296.

He went on to discuss the National Targeting Center (NTC), which he described as "a critical sharing strategy at work in real time, 24/7." He said that the NTC "is simply the centralized coordination point for all of Customs and Border Protection's (CBP) anti-terrorism efforts. Using sophisticated information-gathering techniques and intelligence, the NTC provides target-specific information to field offices ready to act quickly and decisively."

He added that the NTC "increases our capacity to identify potential terrorist threats; provides national targeting of passengers and cargo for the first time; and employs a sophisticated computer system to monitor, analyze, and sort information from many intelligence agencies and law enforcement agencies."

NTC uses "both external and internal sources of information such as the Treasury Enforcement Communications System (TECS), the Automated Commercial System (ACS), the Automated Targeting System (ATS), and the Automated Entry System (AES) that provide a wealth of information. The center also works closely with the newly formed CBP Office of Intelligence, and ICE agents to share information and to formulate their advisories", said Whitley.

"The phrase ``data mining´´ is a term of art for the process that the NTC staff employs in developing targets", said Whitley. "Initially, analysts conduct broad-based research to collect and sift through information to establish a base line of data. However, collecting data is only the first step; an analyst must also know how to use it. The center looks at any resource that could be used to support a terrorist effort, ranging from people to weapons components. The goal of the center is to deter or disrupt any terrorist efforts by stopping the movement of individuals and the flow of materials or money needed for such an operation. When the data points to a particular product, distribution channel, conveyance, or importer, the review goes from broad to narrow. However, an analyst may pursue several different analytical tracks to home in on a target."

He continued that "One track may be to conduct a trend analysis on a specific commodity. This can be a complicated process particularly if the commodity has dual use -- if it is used in the production of a legitimate product but can also be associated with the production of a harmful agent. A different approach may be to evaluate importer relationships by the types of goods routinely imported, and the ports of entry normally used. Typically an analyst would focus on sudden changes in the type of commodity an importer has historically imported, or evaluate the relationship between an importer and a supplier searching for anomalies that warrant further analysis."

"Another approach is to ferret out financial information, that can serve as leads for agents to ``follow the money,´´ looking for assets that might be used to support terrorist activities. Evidence of the transfer of checks, cash, or some combination of illegal or suspicious movement of fiscally liquid items either in or out of the United States may also trigger referral for deeper probing by ICE agents", said Whitley.

Whitley also commented that "the border is no longer just a geographic line between two countries; it is also a line of information in a computer that distinguishes those that wish us harm from those that are trustworthy."

The House will meet at 2:00 PM for legislative business. It will consider several non-tech related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Republican Whip Notice.

9:30 AM. The Senate Judiciary Committee will hold a hearing on several pending judicial nominations, including Michael Fisher (to be a Judge of the U.S. Court of Appeals for the 3rd Circuit), Dale Fischer (to be Judge of the U.S. District Court for the Central District of California), and Gary Sharpe (Northern District of New York). 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) Transactional Practice Committee will host a brown bag lunch titled "Anatomy of a Commercial Agreement and Contract Provisions Regarding Performance Requirements". For more information, contact Laurie Sherman at laurabsherman@hotmail.com or 703 216-3150. RSVP to Ava Smith at asmith@skadden.com or 202-371-7201. Location: Skadden Arps, 1440 New York Avenue, 11th floor.

1:00 to 5:00 PM. The Internet Corporation for Assigned Names and Numbers (ICANN) Security and Stability Advisory Committee (SECSAC) will hold its second meeting regarding VeriSign's temporary changed to the way the COM and NET registries responded when presented with uninstantiated names. Location: Academy for Educational Development, Vista Room, 8th floor, 1825 Connecticut Ave, NW.

2:00 PM. The Senate Judiciary Committee will hold a hearing on the Department of Justice's (DOJ) efforts related to pormography. The witnesses will include John Malcolm, head of the DOJ's Computer Crimes and Intellectual Property Section (CCIPS). Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. See, notice. Location: Room 226, Dirksen Building.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft [137 pages in PDF] of NIST Special Publication 800-61, titled "Computer Security Incident Handling Guide". See also, story titled "NIST Publishes Draft of Computer Security Incident Handling Guide" in TLJ Daily E-Mail Alert No. 741, September 17, 2003.

The House will meet at 10:00 AM for legislative business. See, Republican Whip Notice.

9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. See, agenda [PDF]. The event will be webcast. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

9:30 AM or 10:00 AM? The Senate Judiciary Committee will hold an executive business meeting. The agenda includes consideration of Henry Saad to be a Judge of the U.S. Court of Appeals (6thCir), George Miller to be a Judge of the U.S. Court of Federal Claims, and Dora Irizarry to be a Judge of the U.S. District Court (EDNY). See, notice. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

RESCHEDULED FOR OCTOBER 30-31. 10:00 AM. The House Ways and Means Committee will hold a hearing titled "United States - China Economic Relations and China's Role in the Global Economy". See, notice. Location: Room 1100, Longworth Building.

10:00 AM. The House Government Reform Committee will hold a hearing titled "You've Got Mail -- But Is It Secure? An Examination of Internet Vulnerabilities Affecting Businesses, Governments, and Homes". Press contact: David Marin at 202 225-5074. Location: Room 2154, Rayburn Building.

12:30 PM. The Congressional Caucus on Intellectual Property Promotion and Piracy Prevention and former Commissioners of the U.S. Patent and Trademark Office (USPTO) will hold a press conference to urge the House leadership to schedule a vote on HR 1561, the "United States Patent and Trademark Fee Modernization Act of 2003", a bill that would, among other things, end the diversion of USPTO fees. Press contact: Lale Mamaux (Office of Rep. Wexlar) at 202 225- 3001 or lale.mamaux@mail.house.gov. Location: Room 505, Cannon Building.

3:00 PM. The House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property will meet to mark up HR 3261, the "Database and Collections of Information Misappropriation Act of 2003". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

The House will meet at 9:00 AM for legislative business. See, Republican Whip Notice.

8:15 AM - 2:30 PM. The McDonough School of Business (MSB) at Georgetown University will host a seminar titled "Seeking Efficiency, Investment and Competition: The Chief Economists Speak Out". The speakers will be the former Chief Economists of the Federal Communications Commission (FCC): Joseph Farrell, Gerald Faulhaber, Tom Hazlett, Michael Katz, Michael Riordan, William Rogerson, David Sappington, Howard Shelanski, and Simon Wilkie. Glenn Hubbard, former Chairman of the President's Council of Economic Advisors, will be the luncheon speaker. The price to attend is $50 (public), $30 (government), and free (students). For more information, contact Kelly Castellon at 202 687-3686. The MSB notice states that "Reporters wishing credentials to attend must contact Jessica Botta in advance at (202) 687-4080 or at jab92@georgetown.edu". Location: The Grand Hyatt, 1000 H Street, NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Sioux Valley Rural Television v. FCC, No. 02-1208. Judges Henderson, Tatel and Roberts will preside. Location: Courtroom 20, 333 Constitution Ave. NW.

RESCHEDULED FOR OCTOBER 30-31. 10:00 AM. The House Ways and Means Committee will continue its hearing titled "United States -- China Economic Relations and China's Role in the Global Economy". See, notice. Location: Room 1100, Longworth Building.

2:30 - 4:30 PM. Federal Communications Commission (FCC) International Bureau (IB) will hold a public forum to examine the methods and practices the FCC used in preparation for 2003 World Radioconference (WRC-03), and to assess whether the process can be improved. The FCC seeks public views on how the FCC could further facilitate public participation, increase transparency, intensify its international outreach and generally promote public interest goals in the WRC preparatory process. See, notice [PDF]. Location: FCC, Commission Meeting Room (Room TW-C305), 445 12th Street, SW.

3:00 PM. The U.S. District Court (DC) will hold a meeting and conference hearing in Conversent Communications v. AT&T, D.C. No. 1:2001-cv-1198. Location: Courtroom 14, 333 Constitution Ave. NW.

Deadline to submit requests to the Trade Policy Staff Committee (TPSC) to testify at its November 5, 2003 hearing on negotiations with Bahrain on a free trade agreement (FTA). The TPSC seeks comments and testimony to assist the Office of the U.S. Trade Representative (USTR) on many topics, including "Relevant trade-related intellectual property rights issues that should be addressed in the negotiations" and "Existing barriers to trade in services between the United States and Bahrain that should be addressed in the negotiations". See, notice in the Federal Register, August 25, 2003, Vol. 68, No. 164, at Pages 51062 - 51064.

Deadline for the Federal Trade Commission (FTC) to submit its brief to the U.S. Court of Appeals (10thCir) in FTC v. Mainstream Marketing Service, No. 03-1429. This is the telemarketers' constitutional challenge to the FTC's do not call registry. See, October 8, 2003 order [24 pages in PDF] staying the District Court's opinion, and setting an expedited schedule.

Day one of a three day conference titled "Networked Economy Summit". See, event web site and agenda. Location: Hyatt Regency Reston, Reston, VA.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Global Naps v. FCC, No. 02-1202. Judges Edwards, Garland and Williams will preside. Location: 333 Constitution Ave. NW.

10:00 AM - 3:00 PM. The Federal Communications Commission's (FCC) Technological Advisory Council will meet. See, notice in the Federal Register, October 2, 2003, Vol. 68, No. 191, at Pages 56840 - 56841. This meeting will focus on voice over internet protocol (VOIP). There will be no public presentations, but the FCC is accepting written comments. See, FCC notice. Location: FCC, 445 12th St. SW, Room TW-C305.

12:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Practice Committee will host a brown bag lunch titled "Meet the 8th Floor Common Carrier/Wireline Competition Legal Advisors". The scheduled speakers are Christopher Libertelli, Matthew Brill, Jessica Rosenworcel, Daniel Gonzalez, and Lisa Zaina. RSVP to Cecelia Burnett at 202-637-8312 or cmburnett@hhlaw.com. Location: Hogan & Hartson, 555 13th St., NW, Lower Level.

6:00 - 8:15 PM. Intellectual Property Section of the D.C. Bar Association will host a CLE course titled "Transactions Involving Intellectual Property, Part I: Intellectual Property in Mergers and Acquisitions Including Tax Considerations". 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 conference hosted by the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) titled "16th Annual Update Conference on Export Controls and Policy". Kenneth Juster, Under Secretary for BIS, will speak at 8:30 AM. See, notice and agenda. The price to attend ranges from $625 to $700. Location: Renaissance Hotel, 999 9th Street, NW.

Day two of a three day conference titled "Networked Economy Summit". See, event web site and agenda. Location: Hyatt Regency Reston, Reston, VA.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft Special Publication 800-38C, Recommendation for Block Cipher Modes of Operation: the CCM Mode for Authentication and Confidentiality [PDF]. The NIST stated that "the CCM mode of the Advanced Encryption Standard (AES) algorithm is specified for the protection of sensitive, unclassified data. The CCM algorithm combines the counter (CTR) mode for confidentiality with the cipher block chaining-message authentication code (CBC-MAC) technique for authentication." Send comments to EncryptionModes@nist.gov.

7:30 AM - 12:45 PM. The Cato Institute will host a half day conference titled "Who Rules the Net? Debating Internet Jurisdiction and Governance". The speakers will include Rep. Christopher Cox (R-CA) (Chairman of the Republican House Policy Committee), Tim Wu (University of Virginia Law School), David Post (Temple University Law School), Bruce Kobayashi (George Mason University School of Law), Peter Trooboff (Covington & Burling), Gary Jackson (Quova), Robert Corn-Revere (Davis Wright Tremaine), Kurt Wimmer (Covington & Burling), Michael Greve (American Enterprise Institute), Jonathan Band (Morrison & Foerster), Marc Pearl (IT Policy Solutions), and Jeffrey Kovar (Deptartment of State). See, notice. To register, contact Krystal Brand at 202 789-5229 of techandsociety@cato.org. Location: Cato, 1000 Massachusetts Ave., NW.

10:00 AM. The Senate Judiciary Committee will hold a hearing to examine criminal terrorism investigations and prosecutions relating to national security. See, story titled "Senate Judiciary Committee to Hold Hearings on Combatting Terrorism and Protecting Liberties" in TLJ Daily E-Mail Alert No. 757, October 14, 2003. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

Day two of a two day conference hosted by the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) titled "16th Annual Update Conference on Export Controls and Policy". See, notice and agenda. The price to attend ranges from $625 to $700. Location: Renaissance Hotel, 999 9th Street, NW.

Day three of a three day conference titled "Networked Economy Summit". See, event web site and agenda. Location: Hyatt Regency Reston, Reston, VA.

10/14. The Senate Banking Committee held a hearing on the renominations of Roger Ferguson to be Vice Chairman of the Board of Governors of the Federal Reserve System, and Ben Bernanke to be a member of the Board of Governors. See, Ferguson's prepared testimony, and Bernanke's prepared testimony.

10/14. President Bush announced his intent to nominate Walter Kelley to be a Judge of the U.S. District Court (EDVa). While the Eastern District of Virginia includes tech heavy northern Virginia, Kelley has been nominated for an opening in the Norfolk division. He is currently a partner in the Norfolk office of the law firm of Troutman Sanders. He focuses on civil litigation, and has experience with information technology related patent infringement and copyright infringement cases. See, White House release.

10/13. U.S. Trade Representative (USTR) Robert Zoellick issued a release [PDF] regarding his plans to attend the Fifteenth Ministerial Meeting of the Asia Pacific Economic Cooperation (APEC) forum in Bangkok, Thailand, on October 17-18. This release also identifies an agreement between the U.S. and Singapore regarding telecommunications. It states that "APEC's contribution to trade liberalization will be highlighted by an agreement reached in the context of APEC's telecommunications working group, where the United States and Singapore agreed to begin mutually recognizing test data and product approvals of telecommunications equipment from each others economy. The United States and Singapore agreed to move forward with this initiative under their bilateral FTA. Singapore is the fourth APEC economy (following Chinese Taipei, Canada, and Australia) to sign such an agreement with the United States. This agreement will speed exports and lower costs for equipment suppliers, helping spur growth in a sector where U.S trade surpassed $40 billion in 2002 (exports $22 billion, imports $23 billion)." (Parentheses in original.)

10/14. The Department of Commerce (DOC) announced the formation of a "task force to study how deployment of a new industry-developed version of the Internet Protocol, known as IPv6, will affect competitiveness, security and the needs of Internet users." The DOC stated in a release this task force will involve the DOC's National Telecommunications and Information Administration (NTIA) and National Institute of Standards and Technology (NIST). The DOC further stated that it will solicit public comments, and hold a public meeting.

10/14. The Supreme Court announced that it "will take a recess from Monday, October 20, 2003, until Monday, November 3, 2003". See, Order List [15 pages in PDF] at page 15.

10/14. The Federal Election Commission (FEC) fined Cablevision Systems Corporation Political Action Committee $1,000 for the non-filing of a 12 day pre-general election report in 2002, and $1,600 for the late filing of a 30 day post-general election report in 2002. Cablevision provides broadband internet service, digital cable TV, and digital voice service. See, FEC release.