|DOD Releases Report on DARPA's Total
Information Awareness Program
12/31. The Department of Defense's
(DOD) Office of Inspector General (OIG) released a
pages in PDF], titled "Information Technology Management: Terrorism Information
Awareness Program", and dated December 12, 2003.
The report concludes that DOD's Defense
Advanced Research Projects Agency's (DARPA) Terrorism Information Awareness (TIA)
Program, which was previously named "Total Information Awareness", "could
prove valuable in combating terrorism", but "DARPA
could have better addressed the sensitivity of the technology to minimize the
possibility of any Governmental abuse of power and could have assisted in the
successful transition of the technology into the operational environment."
The report recommends that Undersecretary of Defense for Acquisition,
Technology and Logistics (ATL) and the Director of the DARPA "should perform
a privacy impact assessment before TIA type technology research continues".
The report also recommends that the Undersecretary "should appoint a Privacy
report is numbered D-2004-003. The report is addressed to the
Undersecretary for ATL, and the Director of the DARPA,
Anthony Tether (at right).
However, it also states that it addresses questions raised in letters to the DOD
from Sen. Charles Grassley (R-IA),
Sen. Bill Nelson (D-FL) and
Sen. Chuck Hagel
(R-NE). These letters were written in late 2002, and are included in the
report. The report was prepared by Thomas Gimble, the Acting Deputy Inspector
General for Intelligence.
The report offers this summary of TIA. "DARPA conducts research
for DoD and was developing the TIA program to combat terrorist threats. The TIA
research and development effort will integrate information
technologies into a prototype system that will assist intelligence analysts in
detecting, classifying, and identifying potential terrorist activities."
It adds that "The TIA program seeks to develop information technology in three
areas. Those areas are language translation, data search with pattern
recognition and privacy protection, and advanced collaborative and decision
support tools. Language translation technology would enable the rapid analysis
of foreign languages, both spoken and written, and allow analysts to quickly
search the translated materials for clues about emerging threats. The data
search, pattern recognition, and privacy protection technologies would permit
analysts to search vast quantities of data for patterns that suggest terrorist
activity while at the same time controlling access to the data, enforcing laws
and policies, and ensuring detection of misuse of the information obtained. The
collaborative reasoning and decision support technologies would allow analysts
from different agencies to share data."
However, the Congress passed legislation late last year terminating most of
for TIA. On October 1, 2003, President Bush signed
the "Department of Defense Appropriations Act, 2004". Section 8131 of the bill
prohibits, subject to certain classified exceptions, funds from being used to
support the TIA program. See, story titled "President Signs Defense
Appropriations Bill, With Total Information Awareness Ban" in
TLJ Daily E-Mail
Alert No. 751, October 2, 2003.
John Poindexter, who recently resigned as head of the DARPA's
Information Awareness Office (IAO), which ran
the TIA program, wrote a public
[5 pages in PDF] addressed to Tether, in which he explained and advocated the activities
of his office. See
also, story titled "Poindexter Writes About Uses of Information Technology to
Fight Terrorism" in
TLJ Daily E-Mail Alert No. 719, August 15, 2003.
The OIG report further states that "For domestic law enforcement purposes,
DARPA should consider more fully during development the impact of the technology on an
individual’s privacy by conducting a privacy impact assessment. Statute does not require
a privacy impact assessment for systems that involve intelligence activities.
However, an assessment could provide decision-makers with enough information to
help them make fully informed policy, program, system design, funding, and
procurement decisions that are based on an understanding of the privacy
implications, the involved risks, and the options available for avoiding or
mitigating risks. A privacy impact assessment could also help reduce the risk of
terminating or modifying TIA type technology after implementation to comply with
privacy laws and regulations."
The report recommends that the Undersecretary "should
appoint a Privacy Ombudsman or equivalent official specifically for the
development of Terrorism Information Awareness type technology who will ensure
that individual Terrorism Information Awareness type technology are scrutinized
from a privacy perspective as a means of safeguarding individual privacy. The
appointee, in consultation with the Office of the General Counsel, should
conduct assessments on the impact of Terrorism Information Awareness type
technology on privacy."
It recommends that the Undersecretary for ATL and the Director of the DARPA
"should perform a privacy impact assessment before TIA type technology research
continues". The report elaborates that this assessment should:
"a. Identify any personally identifiable information associated
with business processes.
b. Document any collection, use, disclosure, and destruction of
personally identifiable information.
c. Assess potential privacy risk and the options available for
mitigating that risk.
d. Ensure that accountability for privacy issues is clearly
incorporated in the program.
e. Create a consistent format and structured process for
analyzing both technical and legal compliance with relevant regulations."
For more on stories on recent legislative activity pertaining to the TIA
• "Senators Write AG Ashcroft Re Data Mining by DOJ"
and "Groups Write House
Armed Service Committee Re Total Information Awareness" in
TLJ Daily E-Mail
Alert No. 584, January 16, 2003.
• "DARPA States FBI Is Involved in Total Information Awareness Program" in
TLJ Daily E-Mail
Alert No. 588, January 22, 2003.
• "Senate Approves Total Information Awareness Amendment" in
TLJ Daily E-Mail
Alert No. 590, January 24, 2003.
• "House and Senate Pass FY 2003 Appropriation Package With TIA Amendment" in
TLJ Daily E-Mail
Alert No. 604, February 14, 2003.
• "Tether States that DARPA's Total Information Awareness Project Does Not Data
Mine" and "Tether Addresses TIA and Other Defense Info Tech Projects" in
TLJ Daily E-Mail
Alert No. 633, March 31, 2003.
• "DARPA Releases TIA Report" in
TLJ Daily E-Mail
Alert No. 666, May 21, 2003.
• "House Passes Defense Appropriations Bill" in
TLJ Daily E-Mail
Alert No. 694, July 9, 2003.
|DOT To Allow Most Airline Computer Reservation Systems
Rules to Sunset
12/31. The Department of Transportation
(DOT) released a
(that is to be published in the Federal Register) that announces and describes changes to
its regulations governing computer reservations systems (CRS) for airlines. The notice
states that "most of the rules should be allowed to sunset on January 31,
The notice adds, "We believe,
however, that we should adopt the rules prohibiting display bias and certain
rules barring unreasonably restrictive requirements in the contracts between
systems and their airline customers for a six-month transition period to provide
an opportunity for the affected parties to prepare for complete deregulation of
computer reservation systems."
The DOT adopted these regulations in
1984 to limit the potential for anti-competitive behavior arising out of the
circumstance that these systems were owned by airlines. The DOT now finds that
the rules are no longer necessary because airline divestiture of their
ownership interests has eliminated the basis for the rules.
"Airlines use several distribution methods: direct sales through their
reservations agents, sales through ``brick-and-mortar´´ travel agencies, sales
through individual airline websites, and sales through on-line travel agencies. In
the past, the ``brick-and-mortar´´ travel agency channel produced the great majority of
airline revenues for almost all airlines", the notice states. But recently, "the
Internet has become an increasingly important distribution channel."
There are four systems operating in the U.S.:
Amadeus. The report states that "Each of them
was originally developed by one or
more U.S. airlines (Amadeus entered the U.S. market by acquiring a U.S. system).
Two of the systems -- Sabre and Galileo -- were no longer owned or controlled by
any U.S. airlines when we issued the notice of proposed rulemaking. At that
time, three U.S. airlines -- American, Delta, and Northwest -- owned Worldspan.
Amadeus was then owned by three European airlines -- Air France, Iberia, and
Lufthansa -- as well as by public shareholders (and has the same ownership
today). Worldspan's airline owners sold that system to two private venture
capital firms on June 30, 2003, after the issuance of our notice of proposed
rulemaking. As part of that sale, the airline owners agreed to certain parity
clauses and marketing commitments. ... Amadeus is now the only system with any
However, the notice states that "The systems that have no airline owners have
marketing ties with their former owners. United markets Galileo, American
markets Sabre, and Delta and Northwest have agreed to market Worldspan for
several years following the closing of the system's sale."
The DOT also stated that "Since 1999 the shares of Galileo
and Amadeus have been declining, while Worldspan's share has risen sharply, from
19.3 percent to 26.5 percent. The growth in Worldspan’s share in large part
reflects its status as the booking engine for two of the three largest on-line
travel agencies, Expedia and
The DOT explained the reason for sunsetting most of its rules. "When
these rulemakings were held,
one or more airlines or airline affiliates owned or controlled each system,
airlines depended heavily on travel agencies for distribution, travel agents
used a system to research airline service options and to make bookings, and each
travel agency predominantly relied on one system to perform these tasks.
Systems therefore did not need to compete for airline participants (a ``participant´´
is an airline that agrees to make its services saleable through a
system). The airlines that controlled the systems had the incentive and ability
to use them to prejudice the competitive position of non-owner airlines and to
provide information on airline services through the systems to travel agents
that gave an undue preference to the services operated by the owner airlines.
Competitive market forces did not discipline the prices and terms for services
offered by systems to participating airlines."
But now, the DOT states, "All of the U.S. airlines that had
controlled a system have divested their CRS ownership interests. As a result,
none of the four systems now operating in the United States is owned or
controlled by any U.S. airline or airline affiliate. Furthermore, airlines are
selling an increasingly large share of their tickets through their Internet
websites and a diminishing share through travel agencies using a system. The
airlines' control over access to their webfares, the discounted fares originally
offered only through individual airline websites, has enabled them to obtain
lower fees from two of the systems. And travel agencies are increasingly
demanding -- and winning -- contracts from the systems that give them more
freedom to use alternative booking channels and to switch systems periodically."
Sabre stated in a
that "We applaud the Bush Administration's embrace of full deregulation of the
CRS industry, a victory for consumers and the entire travel industry. This move
will enhance competition and innovation in the travel industry." It added that
"The existing and proposed pre-Internet computer reservation system rules were
obsolete and barriers to innovation and growth in today’s travel distribution
industry. The proposed rules would have negatively affected some consumers
preferred choice of bookings, in particular, weakening the travel agency
network, upon which many consumers rely. Free of government restrictions, travel
distribution industry participants will have more opportunities to form
partnerships and alliances for special traveler offerings, and more
opportunities to bring new products to the marketplace."
The DOT stated in a release that
"After extensive analysis and an exhaustive dialogue with the travel community,
the Department concluded that the existing CRS rules are no longer necessary given
the dramatic changes that have taken, and continue to take, place in how airline
tickets are bought and sold. However, the department retains its statutory
authority to pursue future regulatory or enforcement action as necessary."
12/30. The National Archives and Records
Administration (NARA) published a
notice in the Federal Register stating that it proposes to dispose of 27,866
magnetic tape cartridges containing copies of e-mail records of the Clinton
administration created from July 15, 1994 through December 1999. February
13, 2004 is the deadline to submit comments to the NARA regarding this proposed
disposition. See, Federal Register, December 30, 2003, Vol. 68, No. 249, at
Pages 75286 - 75287.
12/30. The U.S. Patent and Trademark Office
(USPTO) announced that it will hold a public round table meeting on the
effectiveness of inter partes reexamination proceedings. The USPTO stated
in a notice in the Federal Register that it "seeks comments from former, current
and prospective participants and other interested parties on whether inter partes
reexamination proceedings are believed to be inequitable to any of the parties in interest
and, if so, what changes are suggested to remove such inequities". The round table
meeting is tentatively scheduled for February 17, 2004 at the USPTO offices in
Arlington, Virginia. Requests to participate in the round table meeting must be
received by January 28, 2004. Comments must be received by February 20, 2004.
notice in the Federal Register, December 30, 2003, Vol. 68, No. 249, at
Pages 75217 - 75218.
12/31. The U.S. Court of Appeals
(3rdCir) issues its
pages in PDF] in Gucci America v. Daffy, a trademark case involving
counterfeit Jackie-O handbags. The District Court denied Gucci America's request for
an order compelling Daffy to recall counterfeit Jackie-O handbags, and for an accounting.
The Appeals Court affirmed. This case is Gucci America, Inc. v. Daffy, Inc. and John
Does 1-10, U.S. Court of Appeals for the 3rd Circuit, No. 02-4046, an
appeal from the U.S. District Court for the District of New Jersey, Judge Alfred
Wolin presiding, D.C. No. 00-cv-04463.
|The password for access to password protected pages in the
TLJ web site has been changed to S.
|Rep. Hall Becomes a Republican
1/2. Rep. Ralph Hall (R-TX)
switched his party affiliation from Democrat to Republican. He also registered
to run for re-election as a Republican on Friday.
President Bush stated in a
that "I welcome Congressman Ralph Hall to the Republican Party. Ralph is a close
friend of the Bush family. He is a well-respected leader of the highest
integrity, and a tireless advocate for the people of Texas. We have worked
closely together on the important challenges facing our Nation. I strongly
support his re-election."
Rep. Hall (at right) is
currently the ranking Democrat on the
House Science Committee, and the 4th
ranking Democrat on the House
Commerce Committee. Although, he is not a member of the Subcommittee on
Telecommunications and the Internet. He currently is a member of both the Energy
and Health Subcommittees.
Rep. Hall's district is overwhelmingly conservative and Republican. For many
years, his voting record has been more Republican than that of some Republicans.
He voted to impeach former President Bush. At the beginning of the 108th
Congress, he voted "present", rather than cast a vote in favor of
Rep. Nancy Pelosi (D-CA) to be House
In 2001, he voted for
(107th Congress), the "Internet Freedom and Broadband Deployment Act of 2001"
(also known as the Tauzin Dingell bill) in both Committee and the House.
He was one of 21 Democrats to vote in favor of
the Bipartisan Trade Promotion Authority Act, on December 6, 2001. It passed by
a vote of 215 to 214. See,
Roll Call No. 481. This bill gives the President authority to negotiate
trade agreements that can only be voted up or down, but not amended, by the
Congress. trade promotion authority strengthens the bargaining position of the President,
U.S. Trade Representative (USTR), in trade
negotiations with other nations.
In 2000, Rep. Hall voted in favor of the Coble Amendment to increase funding
for the U.S. Patent and Trademark Office (USPTO)
by $134 Million. This was an amendment to
(106th Congress), the Commerce Justice State (CJS) appropriations bill for FY
2001. It failed by a vote of 145-223. See,
Call No. 321. See also,
"House Rejects Coble Amendment on USPTO Funding" and
"Analysis of House Vote on Coble Amendment" June 25, 2000.
1/2. The Federal Communications
Commission (FCC) announced that its
Reference Information Center
will reopen on Monday, January 5, with restrictions. See,
1/5. Federal Communications Commission
(FCC) Chairman Michael
Powell will give a luncheon speech, and answer questions, on January 14
at the National Press Club (NPC). For information
about prices and reservations, call 202 662-7501. The event will be in the NPC Ballroom,
at 529 14th St. NW, 13th Floor.
12/30. The Federal Communications Commission's
International Bureau (IB) and Office of Engineering and Technology (OET) announced the
International Telecommunication Union -- Radiocommunication Sector (ITU-R) Task Group
(TG) will hold a meeting on compatibility between ultrawideband and radiocommunication
services on June 9-18, 2004 in Boston, Massachusetts. See,
|Washington Tech Calendar
New items are highlighted in red.
|Monday, January 5
The House is in adjournment. (It will convene on January 20, 2004.)
The Senate is in adjournment. (It will convene on January 20, 2004.)
Supreme Court is in recess. (It will return on January
3:00 PM. Doris Meissner and Sandra Polaski
(Carnegie Endowment) will speak on "The North American Free Trade Agreement
(NAFTA)". For more information contact Peter Hickman at 301 530-1210 or
202 662-7540, or Cara Pianisi 202 939-2372. Location: Lisagor Room,
National Press Club, 529 14th St. NW, 13th
Deadline to submit initial comments to the
Federal Communications Commission (FCC) in response
Report and Order and Further Notice of Proposed Rulemaking [198 pages in
PDF] in it proceeding titled "In the Matter of Promoting Efficient Use of
Spectrum Through Elimination of Barriers to the Development of Secondary
Markets". The FCC adopted this item on May 15, 2003, but did not release
it until October 7, 2003. This is FCC 03-113 in WT Docket No. 00-230. See,
titled "FCC Adopts Order Allowing Some Secondary Leasing of Spectrum", May 15,
2003, and story titled "FCC Finally Releases R&O and FNPRM in Secondary Spectrum
Markets Proceeding" in TLJ Daily E-Mail Alert No. 755, October 8, 2003.
Deadline to submit comments to the
U.S. Patent and Trademark Office (USPTO) regarding
its proposed rule changes regarding revision of patent term extension and patent
term adjustment provisions related to decisions by the Board of Patent Appeals and
notice in the Federal Register, December 4, 2003, Vol. 68, No. 233, at
Pages 67818 - 67821.
Deadline to submit comments to the
Office of the U.S. Trade Representative (USTR)
regarding the operation and effectiveness of, and the implementation of and compliance
with, the World Trade Organization (WTO) Basic Telecommunications Agreement, other WTO
agreements affecting market opportunities for U.S. telecommunications products and
services, the telecommunications provisions of the North American Free Trade
Agreement (NAFTA), Chile FTA and Singapore FTA, and other telecommunications
trade agreements. See,
notice in the Federal Register, December 8, 2003, Vol. 68, No. 235, at Pages
68444 - 68445.
|Tuesday, January 6
12:15 PM. The Federal Communications
Bar Association's (FCBA) Mass Media Practice Committee
will hold a brown bag lunch titled "Meet the Trade Press". The speakers
will be Bill McConnell (Broadcasting and Cable), Brooks Boliek (Hollywood
Reporter), Mike Feazel (Communications Daily), Ted Hearn (Multichannel News),
Susan Crabtree (Variety), and Leslie Stimson (Radio World). Location: 8th
Floor Conference Room, Dow Lohnes & Albertson, 1200 New Hampshire Ave., NW.
Deadline to submit reply comments to the Federal
Communications Commission (FCC) regarding its notice of proposed
rulemaking (NPRM) regarding human exposure to radiofrequency (RF) energy.
The FCC adopted this notice of proposed rulemaking on June 12, 2003, and
released it on June 26, 2003. This is ET Docket No. 03-137. For more
information, contact Robert Cleveland in the FCC's
Office of Engineering and Technology at
202 418-2422 or firstname.lastname@example.org.
notice in the Federal Register, September 8, 2003, Vol. 68, No. 173, at
Pages 52879 - 52889.
|Wednesday, January 7
10:00 AM. The U.S.
Court of Appeals (FedCir) will hear oral argument in Webmethods v. iWork
Software, No. 03-1410. This is a patent infringement case brought by iWork
Software in the U.S. District Court (NDIll).
Webmethods moved to intervene pursuant to Rule 24, Federal Rules of Civil Procedure, but
the District Court denied the motion. Location: Courtroom 402, 717 Madison Place, NW.
4:00 - 5:30 PM. Sydney Key (Federal Reserve System) will
discuss his new book titled
The Doha Round and Financial Services Negotiations.
Bernard Hoekman (World Bank), Peter Wallison (AEI), and Claude Barfield (AEI) will then
discuss the book. See,
notice. Location: American Enterprise Institute
(AEI), Twelfth floor, 1150 17th St., NW.
|Thursday, January 8
11:00 AM - 1:00 PM. The
American Enterprise Institute (AEI) will host a
pair of panel discussions titled "Expensing Employee Stock Options Looks Like a
Major Mistake". The speakers will include Kevin Hassett (AEI), Charles Calomiris
(Columbia University), James Glassman (AEI), Peter Wallison (AEI), Paul Atkins (SEC),
and George Benston (Emory University). See,
notice. Location: AEI, Twelfth floor, 1150 17th St., NW.
|Friday, January 9
10:00 AM. The U.S.
Court of Appeals (FedCir) will hear oral argument in Fujitsu Compound
Semiconductor v. U.S., No. 03-1293. Location: Courtroom 201, 717 Madison Place,
12:15 PM. The Federal Communications
Bar Association's (FCBA) Wireless Committee will host a luncheon. Mark Rubin (Western
Wireless) and Marie Gillory (National Telephone Cooperative Association) will speak on
universal service and the distribution of funding in rural areas. The price to
attend is $15. RSVP to Wendy Parish at email@example.com
by 5:00 PM on Wednesday, January 7. For more information, contact Laura Phillips at 202
842-8891 or firstname.lastname@example.org. Location: Sidley
Austin, 1501 K Street, NW, 6th Floor.
EXTENDED TO JANUARY 23.
Deadline to submit comments to the Federal
Communications Commission (FCC) in response to its
Notice of Proposed Rulemaking [35 pages in PDF] regarding unlicensed devices. See,
in the Federal Register, December 10, 2003, Vol. 68, No. 237, at Pages 68823 -
68831. The FCC adopted this NPRM on September 10, 2003. See, FCC
release [PDF]. The FCC released the
NPRM [35 pages in PDF] on September 17, 2003. This NPRM is FCC 03-223 in ET Docket
No. 03-201. See also, stories titled "FCC Announces NPRM Regarding Unlicensed
TLJ Daily E-Mail Alert No.
739, September 15, 2003, and "FCC Announces Deadlines for Comments on Unlicensed
Devices NPRM" in TLJ Daily E-Mail Alert No. 800, December 16, 2003.
|Monday, January 12
Court will return from the recess that it began on December 15, 2003.
Court will hear oral argument in Nixon v. Missouri
Municipal League, and related petitions, regarding
47 U.S.C. § 253(a) and
state statutes that prohibit political subdivisions from offering telecommunications
services. See, story titled "Supreme Court Grants Certiorari in Nixon v. Missouri
Municipal League" in TLJ
Daily E-Mail Alert No. 687, June 25, 2003, and "Briefs Filed With Supreme
Court in Nixon v. Missouri Municipal League" in TLJ Daily E-Mail Alert No.
776, November 11, 2003. Location: 1 First St., NW.
Deadline to submit comments to the
Department of Commerce's (DOC)
Industry and Security (BIS), which is also known as the Bureau of Export
Administration (BXA), regarding its notice of proposed rulemaking (NPRM)
regarding amending the Export Administration Regulations (EAR) to implement a
revised version of the BIS's Simplified Network Application Processing (SNAP+)
system. This proposed rule also would mandate use of SNAP+ for all filings of
Export License applications (except Special Comprehensive Licenses), Reexport
Authorization requests, Classification requests, Encryption Review requests,
and License Exception AGR notifications, unless the BIS authorizes paper
filing for a particular user or transaction. See,
notice in the Federal Register, November 12, 2003, Vol. 68, No. 218, at
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