|Bush Nominates Fran Harvey
11/3. President Bush announced his intent to nominate
Francis Joseph (Fran) Harvey to be Assistant Secretary of Defense for
Networks and Information Integration
(NII). NII handles most of the information and communications technology related
projects of the Department of Defense
(DOD). NII responsibilities include information management, command and
control, communications, network centric warfare, security, information
assurance, information operations, spectrum, space systems, space policy,
surveillance and reconnaissance, intelligence, and counterintelligence.
Harvey is currently Vice Chairman of
Duratek, Inc., a company located in Columbia, Maryland that manages
radioactive waste for nuclear power plants, the Department of Energy, the
Department of Defense, and other entities. Before that, he worked for
Westinghouse from 1969 to 1997, including as Chief Operating Officer of its
Industries and Technology Group.
Duratek is a portfolio company of the
Carlyle Group, a private equity
investment firm. Harvey is also a director of other Carlyle companies, including
IT Group, Inc., Gardner Technologies, Inc.
(wine bottle cork technology), and Kulman Electric Corp. Carlyle is chaired by
former IBM Chairman
Former Federal Communications Commission (FCC)
Kennard is a Managing Director in Carlyle's Global Telecommunications and
Harvey has a doctorate in metallurgy and material sciences.
|FCC Fines AT&T For Violation of FCC Do Not
11/3. The Federal Communications
Commission (FCC) released a
Notice of Apparent Liability for Forefeiture [12 pages in PDF] pertaining to
consumer allegations that AT&T violated the FCC's
do not call rules. This NAL effectively fines AT&T $780,000 for making telephone
solicitation calls to 29 consumers on 78 separate occasions after those
consumers had requested that AT&T not call them again, in violation of 47 C.F.R.
64.1200(e). See also, FCC
FCC Chairman Michael Powell stated in a
release that "Today's enforcement action
demonstrates our resolve in the fight to protect consumers from unwanted and
intrusive telephone calls. This puts telemarketers on notice that we will take
all measures necessary to protect consumers who chose to be left alone in their
homes. Together with our partners at the Federal Trade Commission, we will
remain vigilant to ensure that telemarketers respect the wishes of consumers."
An unrepentant AT&T stated in a
release that this investigation "concerns claims by customers who believed they
were on an AT&T-specific list and received a call they think was from AT&T". It
added that "We are confident we can persuade the FCC in its fact-finding
proceeding that there were not 78 do-not-call violations."
|Sen. Grassley Meets with Lamy Re FSC/ETI
11/3. Sen. Charles Grassley (R-IA),
Chairman of the Senate Finance Committee,
and Pascal Lamy,
the Trade Commissioner of the European Union met to discuss trade issues, including
replacement legislation for the Foreign Sales Corporation (FSC) and Extraterritorial
Income (ETI) tax regimes, which the World Trade
Organization (WTO) held to be illegal export subsidies.
The WTO ruling permits the EU to impose retaliatory tariffs. The EU has released
a various lists of items that may be subject to retaliatory tariffs.
(at right) stated afterwards that "I think Commissioner Lamy understands
how committed I am to bringing the
United States into compliance on FSC/ETI. I hope the Senate will vote soon on my
bipartisan bill to repeal ETI. Depending on what happens in the House, we may be
able to go to conference before the end of the year. In any event, I'm
optimistic that we can deliver a bill to the President early next year."
"I impressed on Commissioner Lamy that sanctions will not in any way impact
how quickly we move this legislation through the Congress. I also stressed how
disappointed I am by the rhetoric coming out of Brussels threatening sanctions.
Why would you want to increase trade tensions when we're actively moving to
resolve the dispute? It just doesn't make sense."
On October 27, the House Ways and Means
Committee approved FSC/ETI replacement legislation,
the "American Jobs Creation Act of 2003" by a vote of 24-15.
On September 18, 2003, Sen. Grassley introduced
S 1637, the
"Jumpstart Our Business Strength (JOBS) Act". The Senate Finance Committee
amended and approved this bill on October 2, 2003.
S 1475, the
"Promote Growth and Jobs in the USA Act of 2003". This bill was introduced on
July 28, 2003 by Sen. Orrin Hatch (R-UT),
a member of the Senate Finance Committee. However, it has not been approved
by the Committee.
The House bill has broader support from software, computer, information
technology, and communications companies. Its supporters include AOL Time
Warner, Apple, Cisco, Dell, eBay, EDS, HP, IBM, Iomega, Oracle, Sun
Microsystems, Telcordia, TI, BellSouth, AT&T, SBC, and Verizon.
See also, stories titled "Grassley and Baucus Organize Meeting on FSC/ETI
Issue" in TLJ Daily
E-Mail Alert No. 511, September 18, 2002; "Deputy Treasury Secretary
Addresses FSC/ETI and WTO Rulings" in
TLJ Daily E-Mail
Alert No. 526, October 9, 2002; "Rep. Thomas Writes Colleagues Re FSC
Dispute" in TLJ
Daily E-Mail Alert No. 622, March 13, 2003; "WTO Authorizes FSC/ETI Related
Tariffs" in TLJ
Daily E-Mail Alert No. 657, May 8, 2003; "Legislators Introduce Bills to
Repeal ETI Regime and Extend R&D Tax Credit" in
TLJ Daily E-Mail
Alert No. 715, August 11, 2003; and "Senate Finance Committee Approves FSC/ETI
Replacement Bill" in TLJ Daily E-Mail Alert No. 753, October 6, 2003.
|More Trade News
11/3. The Department of Commerce
(DOC) announced that the DOC awarded a $399,853 grant to the
Advanced Television Systems
Committee (ATSC) Forum to fund its Hemispheric Digital Television (DTV)
Initiative. The DOC stated that the grant will generate export revenues. See, DOC
11/3. Secretary of the Treasury
John Snow gave a
speech to the U.S.-Japan
Business Council annual meeting in Washington DC. He stated that, previously,
"many in the United States viewed growth in Japan as a threat to
the U.S., as if world output were a zero-sum game. We now recognize that growth
abroad adds to opportunities for American workers and producers, and enhances
prosperity in the United States. We welcome the contribution that Japanese firms
have made to U.S. employment by investing here." He added that "the nature
of the issues has shifted away from market access,
and towards market development, regulation, and corporate governance. These are
issues that affect domestic firms as well as foreign firms in Japan. And these
issues are often detailed and technical. Current financial services issues,
such as the development of defined contribution pensions and regulatory
transparency, are industry issues, not foreign firm issues."
|Supreme Court News
11/3. The Supreme Court denied
certiorari, without opinion, in Biltmore Forest v. FCC, No. 03-48. See,
List [15 pages in PDF] at page 2.
11/3. The Supreme Court
denied certiorari, without opinion, in Consumers Union v. Suzuki. See,
List [15 pages in PDF] at page 3. A split three judge panel of the
U.S. Court of Appeals (9thCir) issued an
opinion [31 pages in PDF] on June 25, 2002 reversing a District Court
dismissal of a suit alleging product disparagement by
Consumer Reports; the
District Court had dismissed the case pursuant to
New York Times v. Sullivan. A split en banc panel (13-11) denied rehearing
on May 19, 2003. This is Supreme Court No. 03-281, Appeals Court No.
00-56043, and District Court No. CV 96-00340 AHS.
11/3. The Supreme Court
announced that it will take a recess from Monday, November 17, 2003, until
Monday, December 1, 2003. See,
List [15 pages in PDF] at page 15.
|Recently Released Reports
10/31. The Progressive Policy Institute
(PPI), a Democratic party think tank, released a
[25 pages in PDF] titled "Confronting Digital Piracy: Intellectual Property
Protection in the Internet Era", by Shane Ham and Robert Atkinson. The
report concludes that "there are no right or wrong answers, only the balancing
of trade-offs. Policymakers must take steps to ensure that the individuals and
companies that create and distribute content have their property protected from
theft. At the same time, public policy must encourage the other myriad benefits
both content and devices, disintermediation of middlemen that serve only to
increase costs, and so on. By balancing these competing interests and creating
an environment where content providers can take full advantage of digital
technology, the digital era holds the promise of new vistas of creativity." See
11/3. James Harper, the Editor of Privacilla.org, released a
"Affiliate-Sharing and Consumers: How ``Privacy´´ Regulation Misses the Mark,
Hits Marketing". The report states that "The relationship between
affiliate-sharing and consumer privacy has long been assumed and advocated for, but
never deeply studied. Affiliate-sharing regulation may advance privacy for some set
of consumers, but others -- possibly a large majority -- may get little benefit from
it." It adds that "Experience in the marketplace and with prior regulation
suggests that affiliate-sharing is not a significant privacy concern for consumers."
It concludes that "It is unwise to pass blanket privacy laws for the benefit of a
few privacy outliers, but this may well be what has happened in California and what is
threatened for the whole nation in current congressional debates."
11/3. The General Accounting Office (GAO)
released a report [PDF] titled
"Information Technology: Benefits Realized for
Selected Health Care Functions".
10/29. The Federal Trade Commission (FTC) filed a
complaint [PDF] in
U.S. District Court (SDNY) Epixtar
Corporation, Liberty Online Services, Inc., National Online Services, Inc., B2B
Advantage, Inc., aka SBA Online, and William Douglas Rhodes, alleging violation
of the Federal Trade Commission Act (FTCA) in connection with billing for
internet services represented as free. The FTC filed its complaint on October
28. On October 29, the District Court issued a
temporary restraining order
[PDF]. See also, FTC release.
This case is FTC v. Epixtar Corporation, et al., D.C. No. 03 CV 8511 (DAB).
10/31. The Internet Corporation for Assigned
Names and Numbers (ICANN) announced that "it will launch a broad strategic
initiative to enable new generic top level domains (gTLDs). The strategic
initiative will include a two-stage approach to move to the full globalization
of the market for top-level domains." See, ICANN
|Washington Tech Calendar
New items are highlighted in red.
|Tuesday, November 4
The House will meet at 12:30 PM for morning hour and at 2:00 PM for
legislative business. Votes will be postponed until 6:30 PM. The House will
consider many items under suspension of the rules, including
the "E-911 Implementation Act of 2003". See,
Republican Whip Notice.
9:00 AM - 12:00 NOON. The
Center for Strategic and International Studies
(CSIS) will host a conference titled "Biometrics and Security".
Location: CSIS, 1800 K Street, NW, B-1 Conference Level.
9:30 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,
[PDF]. Location: FCC, Commission Meeting Room, 445 12th Street, SW.
This event was previously scheduled for September 18, but was postponed
because of the weather.
9:30 AM. The U.S. Court of Appeals
(DCCir) will hear oral argument in U.S. v. Microsoft and State
of New York v. Microsoft, Nos. 03-5030 and 02-7155. This will be an en banc
argument. Location: Courtroom 20, 333 Constitution Ave. NW.
9:30 AM. The Senate Commerce
Committee will hold a hearing on several pending nominations, including
that of Michael Gallagher to be head of the
National Telecommunications and Information Administration (NTIA).
The hearing will be webcast. Location: Room 253, Russell Building.
10:00 AM. The
Senate Judiciary Committee's
Subcommittee on Terrorism, Technology and Homeland Security will hold a
hearing titled "Database
Security: Finding Out When Your Information Has Been Compromised". See,
witnesses will be David McIntyre (P/CEO of TriWest Healthcare Alliance), Mark
MacCarthy (SVP, Visa USA), and Evan Hendricks (Editor of Privacy Times). Press contact:
Margarita Tapia (Hatch) at 202 224-5225
or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.
3:00 PM. The
House Ways and Means Committee will hold
a hearing titled "IRS Efforts to Modernize its Computer Systems". See,
Location: Room 1100, Longworth Building. See,
notice of postponement.
|Wednesday, November 5
The House will meet at 10:00 AM for legislative
Republican Whip Notice.
9:00 AM. Federal
Communications Commission (FCC) Commissioner
will host an event titled "general press briefing". For more information,
contact Matt Brill at 202-418-2400. Location: FCC, 445 12th Street, SW, Room
9:00 AM - 5:00 PM. The North American Numbering Council
(NANC) will meet. Location: Federal Communications Commission (FCC), 445 12th Street,
SW, Room TW-C305.
10:00 AM. The Senate Commerce
Committee will hold a hearing on aviation security. The witnesses
will include Stephen McHale (Deputy Administrator, Transportation Security
Administration), Penrose Albright (Assistant Secretary Plans Programs,
Budgets, Science and Technology Directorate, Department of Homeland Security),
William Parrish (Acting Assistant Secretary Information Analysis, Information
Analysis and Infrastructure Protection), and Cathleen Berrick (General Accounting Office).
The hearing will be webcast. See,
notice. SJC Press contact: Rebecca Hanks (McCain) at
202 224-2670 or Andy Davis (Hollings) at 202 224-6654. The DHS states that
there will also be a hearing from 9:30 - 10:00 AM that is closed to the
public, and that in addition, James Loy (TSA Administrator) will
participate. Location: Room 253, Russell Building.
12:30 PM. The Federal Communications Bar
Association (FCBA) will host a lunch. The speaker will be
Federal Communications Commission (FCC)
Adelstein. RSVP by Friday, October 31. See,
Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.
6:00 - 8:15 PM. The Intellectual Property and other sections
of the D.C. Bar Association will host a CLE course titled "Secrets of
the Uniform Trade Secrets Act". Prices vary. For more
information, call 202 626-3488. Location: D.C. Bar Conference Center, 1250 H
Street NW, B-1 level.
The Trade Policy Staff Committee (TPSC) will hold a 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.
TIME? The U.S. Court of Appeals
(3rdCir) is scheduled to hear oral argument in Prometheus Radio Project
v. FCC, and numerous other consolidated petitions for review of the
Federal Communications Commission's (FCC)
media ownership order. See,
scheduling order [PDF]. Location: Philadelphia, PA.
|Thursday, November 6
The House will meet at 10:00 AM for legislative
Republican Whip Notice.
9:30 AM. The U.S.
Court of Appeals (DCCir) will hear oral argument in BDPCS v. FCC, No.
02-1369. Judges Randolph, Roberts and Williams will preside. Location: 333 Constitution Ave.
9:30 AM. The
House Commerce Committee's Subcommittee on
Telecommunications and the Internet will hold a hearing titled "Computer
Viruses: The Disease, the Detection and the Prescription for Protection".
The hearing will be webcast. Press contact: Ken Johnson or Jon Tripp at 202
225-5735. Location: Room 2123, Rayburn Building.
9:30 AM. The
Committee will hold an executive business meeting. See,
Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy)
at 202 224-4242. Location: Room 226, Dirksen Building.
9:30 - 10:30 AM. Federal
Communications Commission (FCC) Commissioner
Michael Copps will host an event
titled "Press Breakfast". RSVP to Betty Morris at
Betty.Morris@fcc.gov. Location: FCC,
445 12th Street, SW, Suite 8-A302.
10:00 - 11:30 AM. The Federal Communications
Commission's (FCC) Media Security
and Reliability Council (MRSC) will hold a meeting. See,
notice in the Federal Register, May 29, 2003, Vol. 68, No. 103, at pages
32038 - 32039. Location: FCC, Commission Meeting Room (TW-C305), 445 12th St.,
3:00 - 5:30 PM. The Department of Justice's (DOJ)
Antitrust Division (ATR) will host a
ceremony and reception commemorating the 100th anniversary of the appointment
of the first Assistant Attorney General (AAG) with antitrust responsibilities.
AAG Hewitt Pate will speak.
In addition, the ATR will give an award to Judge
Richard Posner of
the U.S. Court of Appeals (7thCir). The
DOJ has stated both that the event is open to current and former ATR employees only,
and that "Media interested in attending the event should contact, in advance,
Luke Macaulay, Office of Public Affairs, 202-514-2007." See, ATR
notice of Posner award. Location: Great Hall,
4:00 PM. Barton
Beebe (Cardozo Law School) will present a draft paper titled
"Search and Persuasion in Trademark Law". See,
more information, contact
Robert Brauneis at 202
994-6138 or email@example.com. Location:
George Washington University Law School,
Faculty Conference Center, Burns Building, 5th Floor, 716 20th Street, NW.
6:00 - 8:15 PM. The D.C. Bar Association will host a CLE course titled "How
to Litigate an Intellectual Property Case Series: Part 1 How to Litigate a
Copyright Case". Prices vary. For more information, call 202 626-3488.
Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 level.
|Friday, November 7
12:15 - 1:30 PM. The
Federal Communications Bar Association's (FCBA)
Wireless Committee will host a luncheon panel discussion titled "Debate on
Licensed vs. Unlicensed Models for Spectrum Management". The speakers will
be Thomas Hazlett
(Manhattan Institute), and
Michael Calabrese (New America Foundation). The price to attend is $15. For more
information, contact firstname.lastname@example.org.
RSVP to email@example.com. Location: Sidley
Austin, 1501 K Street, NW, 6th Floor.
|Monday, November 10
The Intellectual Property Owners Association
(IPO) will host a one-day conference on corporate IP management. Location:
Oral argument before 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.
Location: Tulsa, Oklahoma.
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