3/26. President George Bush gave a speech in Albuquerque, New Mexico in which he addressed a variety of economic and commercial issues, including broadband deployment, free trade, and litigation reform. He stated that "We ought to have a universal, affordable access for broadband technology by the year 2007, and then we ought to make sure as soon as possible thereafter, consumers have got plenty of choices when it comes to purchasing the broadband carrier."

In his Albuquerque speech he stated that "I want to talk about one other thing we've got to do to make sure this is a good place for people to realize their dreams and start a business and get well educated, is we've got to make sure this country is on the leading end of broadband technology. You see, new ideas and new businesses and new ways to educate people in Farmington, New Mexico are going to occur when we're able to get information flowing across cables and telephone lines in a fast way. That's what broadband technology is. It means we'll open the highways of knowledge -- new highways of knowledge."

Bush continued that "This country needs a national goal for broadband technology, for the spread of broadband technology. We ought to have a universal, affordable access for broadband technology by the year 2007, and then we ought to make sure as soon as possible thereafter, consumers have got plenty of choices when it comes to purchasing the broadband carrier. See, the more choices there are, the more the price will go down. And the more the price goes down, the more users there will be. And the more users there will be, the more likely it is America will stay on the competitive edge of world trade."

Bush emphasized telemedicine and distance education. "The more users there are, the more likely it is people will be able to have interesting new ways to receive doctors' advices in the home. The more affordable broadband technology is, the more innovative we can be with education. It's important that we stay on the cutting edge of technological change, and one way to do so is to have a bold plan for broadband."

"Let me say one thing about broadband -- we don't need to tax access to broadband. The Congress must not tax access to broadband technology if we want to spread it around", said Bush. "The role of government is to create an environment in which the entrepreneurial spirit is strong, and in which people are able to realize their dreams."

Bush referenced Farmington, New Mexico in his speech. Farmington is a small town in a region that people at the Federal Communications Commission (FCC) describe as "Indian Country".

For example, FCC Chairman Michael Powell gave a speech on February 3, 2004 titled "The Importance of Telecom in Indian Country". He stated that "Innovative telecommunications products and services appear almost daily -- VoIP, digital TV, smart radio, and wireless applications just to name a few. Indian Country must be a part of this technological revolution. Information technology and access to telecommunications as a means of economic empowerment is essential to the future growth and strengthening of tribal life -- bringing significant benefits to Tribal financial, social, political, healthcare and educational systems." See also, the FCC's Tribal Initiatives web page.

President Bush has only rarely spoken on broadband, internet, or telecommunications issues. He gave a speech on June 13, 2002 in Washington DC. He stated then that "This country must be aggressive about the expansion of broadband".

As in his Albuquerque speech, he opposed taxes. Although, on June 13, 2002 he expressed opposition to "access taxes on the Internet", while in March 26, 2004, he expressed opposition to taxes on "access to broadband". See also, story titled "Bush Talks About Broadband Deployment" in TLJ Daily E-Mail Alert No. 451, June 14, 2002.

He also gave a speech on August 13, 2002 in Waco, Texas in which he stated that "In order to make sure the economy grows, we must bring the promise of broadband technology to millions of Americans. My administration is promoting investment in broadband. We will continue to work to prevent new access taxes on broadband technology. If you want something to be used more, you don't tax it. And broadband technology is going to be incredibly important for us to stay on the cutting edge of innovation here in America."

Bush received praise for his comments about broadband deployment. For example, FCC Chairman Michael Powell released a statement [PDF] about the President's speech. "The president has set out a bold vision for broadband investment and deployment over the next four years. I look forward to working with my commission colleagues, Congress and the administration to deliver on this vision for the American people. Universal and affordable access to broadband is vital to the health and future growth of our economy."

BellSouth's Margaret Greene stated in a release that "BellSouth is happy to see telecommunications policy getting attention at the highest level of the federal government. BellSouth will work with the Administration as it sets out a pro-investment market-based national of policy to encourage investment in telecommunications infrastructure and to realize the President's vision of high-speed internet access available to everyone.  The President's emphasis on the importance to the economy of these advanced services is right on target."

Walter McCormick, P/CEO of USTA, stated in a release that "We applaud the President for setting a clear goal for full deployment of the most important technology of our time. We look forward to working with his Administration on policies that will promote investment and speed the delivery of new broadband choices, services and opportunities into every American community."

3/26. President Bush's speech in Albuquerque, New Mexico on March 26, 2004 may be significant not only for what he said, but also for what he did not say. In past speeches about broadband, he has advocated broadband deployment, and expressed confidence in the Federal Communications Commission (FCC) to implement the appropriate policies. In his speech on March 26 he again advocated broadband deployment, but said nothing about the FCC.

President Bush has only rarely spoken about broadband. However, in two speeches on broadband policy in the summer 2002, President Bush advocated broadband deployment, opposed internet access taxes, and expressed confidence in the FCC to implement policies that promote broadband. In his most recent speech he advocated broadband deployment, and opposed internet access taxes, but omitted the expression of confidence in the FCC to promote broadband.

In his speech on June 13, 2002, he said, "And, of course, a lot of the action is going to come through the FCC. I know that, you know that. I'm confident that the chairman and the board is focusing on policies that will bring high speed Internet service, will create competition, will keep the consumers in mind, but to understand the -- kind of the economic vitality that will occur when broadband is more fully accessible."

In his speech on August 13, 2002 in Waco, Texas, he said, "The Federal Communications Commission is focusing on policies to encourage high-speed Internet service for every home and every business in America."

On Friday, March 26, 2004, he had nothing to say about the FCC. In contrast, he found time to praise the acting Secretary of Housing and Urban Development, the Mayor of Farmington, New Mexico, and various ordinary citizens of New Mexico.

This raises the question: what has changed between the summer of 2002 and today that might have led the President to stop expressing confidence in the FCC?

One plausible answer is that the President perceives that broadband deployment policies must now be implemented by a variety of entities. For example, reallocating certain spectrum for wireless services may involve the National Telecommunications and Information Administration (NTIA). Legislation involves the Congress.

Another possible answer is the triennial review order (TRO).

The FCC was sharply divided an several items in the TRO. And Chairman Powell failed to obtain a majority on some of the items that he sought.

But, Bush has never said anything publicly about the bundling requirements of incumbent local exchange carriers (ILECs), the triennial review order, the March 2, 2004 opinion [62 pages in PDF] of the U.S. Court of Appeals (DCCir) in USTA v. FCC, or any petition for writ of certiorari.

Moreover, the TRO basically provided regulatory relief on the issues most clearly related to promoting broadband deployment.

The FCC announced the TRO on February 20, 2003. See, 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 FCC released the text of the triennial review order [576 pages in PDF] on August 21, 2003. See, story titled "Summary of FCC Triennial Review Order" in TLJ Daily E-Mail Alert No. 725, August 25, 2003. And, the Court of Appeals vacated parts of the TRO on March 2, 2004. See, story titled "Appeals Court Overturns Key Provisions of FCC Triennial Review Order" in TLJ Daily E-Mail Alert No. 848, March 3, 2004.

The TRO contains some provisions that may promote broadband deployment, particularly, pertaining to next generation broadband facilities. For example, the TRO provides that there is no unbundling requirement for fiber to the home (FTTH) loops. Commissioners Powell, Abernathy and Martin, Republicans all, formed the majority on the FCC on these issues. The Court of Appeals upheld these provisions.

However, the TRO did not provide regulatory relief to the ILECs on switching. It provided that "An incumbent LEC shall provide a requesting telecommunications carrier with nondiscriminatory access to local circuit switching, including tandem switching, on an unbundled basis ..." The TRO provided that switching, a UNE-P element, for business customers served by high-capacity loops such as DS1 will no longer be unbundled based on a presumptive finding of no impairment. But, states will have 90 days to rebut the national finding. Also, for mass market customers, the TRO sets out specific criteria that states shall apply to determine whether economic and operational impairment exists in a particular market.

Commission Martin voted with the two Democratic Commissioners -- Copps and Adelstein -- on this issue. The Court of Appeals vacated those portions of the TRO in which the FCC delegated decision making authority to the states to make impairment findings.

But then, this is a telephone industry issue, involving legacy networks. ILECs argue, however, that this is a broadband related issue, because so long as the ILECs are required to provide access to their facilities at below cost prices, they will not be able to raise all of the capital that they need to build new broadband facilities.

The TRO also eliminated line sharing as an unbundled network element. The line sharing provisions provide regulatory relief to the ILECs. However, the line sharing provisions do not share the same rationale as some of the other broadband related provisions, such as FTTH. That is, the main rationale for not requiring an ILEC to provide unbundled access to FTTH loops is to incent ILECs to invest in deploying fiber networks. But, the copper networks to which line sharing applies already exist.

Commissioners Martin, Copps and Adelstein formed the majority on this issue. The Court of Appeals upheld the line sharing provisions of the TRO.

Perhaps there is no significance to the fact that President Bush did not express confidence in the FCC, as he did in his earlier speeches on broadband policy. Perhaps the omission was unintentional. Or maybe the transcript of the speech released by the White House press office inadvertently omitted a portion of the speech. (TLJ did not attend the event where Bush spoke.) On the other hand, it might be a subtle reflection of the President's view of the FCC's broadband related efforts.

3/26. President Bush also spoke about trade and isolationism in his March 26 speech in Albuquerque, New Mexico. He argued that "Economic isolationism will lead to economic stagnation". He did not, however, reference outsourcing of jobs offshore.

He stated that "Presidents before me in both political parties made decisions to make sure America's markets were open for goods produced overseas. It made sense in many ways. It helped keep consumer prices down. It helps the consumer when there's competition."

"My attitude is, if our markets are open, I want the other people's markets to be open. My attitude is -- my attitude is instead of walling each other off, like the economic isolationists want us to do, let's be confident. Let's trust in our entrepreneurs. Let's understand our farmers and ranchers are the best at the world. Let's say, if you trade with us in an open way, you got to open up your market. That's the Bush policy -- you open up your market so we can compete", said Bush.

He continued that "Economic isolationism will lead to economic stagnation. We can't have that. If we want people working, we've got to be confident in our ability to compete. A lot of people make a living here in America because their products they make are sold overseas. We're good at things in this country. When you see that label ``Made in the U.S.A.,´´ you know you got yourself a quality product. I want ``Made in the U.S.A.´´ sold all over the world."

He concluded that "What I'm telling you is in order to be -- make sure people can find work and retain a job, we got to make sure this economy grows. These are what we call pro-growth policies. They say we understand that the vibrancy of the country is in the small business sector. We're vibrant when we make sure the entrepreneurial spirit is strong."

It may be recalled that President Bush asserted, back on March 5, 2002, that "we're a free trading nation", as he explained why he imposed a 30% tariff on the importation of certain steel products from certain countries. See, story titled "A Free Trading Nation" in TLJ Daily E-Mail Alert No. 382, March 6, 2002.

3/26. Sen. John Kerry (D-MA) gave a campaign speech in Detroit, Michigan in which he addressed outsourcing. He offered a proposal to change the tax code that he stated would encourage U.S. companies not to outsource jobs outside of the U.S. And when he finished, he asserted, "I am not protectionist".

Sen. Kerry (at left) said "Today, I’m announcing a new economic plan for America that will put jobs first."

He stated that "Our Jobs First economic plan will end laws that encourage companies to export jobs while plowing back every dollar we save into new incentives to help companies create and keep jobs in America."

He elaborated that "We now have a tax code that does more to reward companies for moving overseas than it does to reward them for creating jobs here in America. So if I am elected President, I will fight for the most sweeping international tax law reform in forty years -- a plan to replace tax incentives to take jobs offshore with new incentives for job creation on our own shores."

"Today in America if a company is trying to choose between locating a factory in Michigan or Malaysia, our tax code has a feature called “deferral” that provides major tax savings if they locate abroad. So companies are driven to take advantage of legal tax incentives that have been on the books for too long and do not serve the economic interests of our nation", said Kerry.

Kerry said that he will end this. He added, "And I also propose to use the money we save from ending this tax giveaway for outsourcing to finance smart tax cuts that will create jobs here in America. Last August, I proposed a new jobs credit that would give manufacturers a break on the payroll taxes for every new worker they hire. I believe we should expand it to industries outside manufacturing where jobs are endangered by outsourcing -- so that we help create more jobs, whether it comes to cars or computer software or call centers."

He also said that his proposed tax law changes would enable him to "expand jobs tax credit to cover all small businesses and their employees" and to "finance a 25% tax credit for small businesses when they provide health care for their workers".

On a related subject, Sen. Kerry stated that "The Bush Administration has refused to enforce our trade agreements" and that this "costs jobs".

He focused on the People's Republic of China. He complained that "they manipulate their currency to inflate their exports and depress ours" and that the Bush administration has not acted. He also complained that labor and environmental provisions should be "in the core of every trade agreement".

Kerry did not, however, mention violation of intellectual property rights in China, the Chinese government's lack of enforcement of IPR, or the PR China' discriminatory taxation of digital circuits made by non-Chinese manufacturers.

On November 17, 2003,  Sen. Tom Daschle (D-SD) and Sen. Kerry introduced S 1873, the "Call Center Consumer's Right to Know Act of 2003" a bill requiring call centers outside of the U.S. to disclose their location at the beginning of every telephone call or internet communication to or from the U.S. See, story titled "Senators Daschle and Kerry Introduce Call Center Protectionism Bill" in TLJ Daily E-Mail Alert No. 782, November 19, 2003.

Kerry asserted in his speech that "No one should misunderstand me: I am not protectionist".

3/23. The American Electronics Association (AEA) released a paper [24 pages in PDF] titled "Offshore Outsourcing in an Increasingly Competitive and Rapidly Changing World: A High-Tech Perspective".

The paper finds that offshore outsourcing is occurring, but that there is no systematic data. The paper argues that the technology jobs that are being outsourced are "lower-end technology services jobs", while most higher end technology jobs are remaining in the U.S.

It further finds that there has been a decline in high tech jobs, but this is also the result of a weak domestic economy, a weak world economy, and productivity improvements. The paper states that "The decline of the world's economy, the end of the high-tech bubble, and dramatically improving productivity rates are the largest factors" in the decline of high tech jobs. The paper also projects that in the longer term the number of high tech jobs in the U.S. will grow.

It argues too that offshore outsourcing is in the long term competitive interest of the U.S. The paper recommends against protectionist responses. It states that one consequence would be retaliation, and that "No sector is more threatened or more in jeopardy from retaliation should the United States pass protectionist laws than high tech."

The AEA paper instead offers a set of alternative recommendations.

It states that "Worker retraining programs need to be expanded to include not just manufacturing but also displaced services workers, particularly software programmers."

It states that the U.S. secondary education system "is failing", and that "It is not possible for the United States to retain its intellectual and business leadership in the world without improving math and science at the K-12 level."

It states that the U.S. should make the research and development tax credit permanent.

It states that "While federally funded R&D has increased slightly, virtually all of that increase was in the life sciences. University-based R&D in the physical sciences MUST be increased."

Finally, it states that "Given that some 50 percent of doctoral and master's engineering, math, and science degrees awarded in the United States are to foreign nationals who now have a greater incentive to return to their home countries, we need to provide incentives to these foreign nationals to stay in the United States, and to contribute their brain power and intellectual property in creating jobs in the Unites States. One way to do this is to give them a Green Card upon graduation."

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. The House will consider several non technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Republican Whip Notice.

The Senate will meet at 1:00 PM to begin consideration of HR 4, the welfare reform reauthorization bill.

8:30 AM - 4:15 PM. The Consumer Electronics Association (CEA) will host its event titled "HDTV Summit: Partnership, Policy and Profits". Rep. Fred Upton (R-MI), the Chairman of the House Commerce Committee's Subcommittee on Telecommunications and the Internet, will be the keynote speaker at 9:40 AM. Prices vary. See, CEA notice. Location: Washington DC Convention Center, 801 Mount Vernon Place, NW.

9:30 AM. The U.S. Court Appeals (DCCir) will hear oral argument in SBC Communications v. FCC, No. 03-1118. Judges Sentelle, Rogers and Tatel will preside. Location: 333 Constitution Ave.

Deadline to submit comments to various federal agencies regarding whether these agencies agencies should consider amending existing regulations that implement sections 502 and 503 of the Gramm Leach Bliley Act (GLB) to allow or require financial institutions to provide alternative types of privacy notices. The agencies are the Board of Governors of the Federal Reserve System, Commodity Futures Trading Commission (CFTC), Federal Deposit Insurance Corporation (FDIC), Federal Trade Commission (FTC), National Credit Union Administration, Office of the Comptroller of the Currency, Office of Thrift Supervision, and the Securities and Exchange Commission (SEC). See, notice in the Federal Register, December 30, 2003, Vol. 68, No. 249, at Pages 75164 - 75174.

The House will meet at 10:30 AM for morning hour and at 12:00 PM for legislative business. The House will consider several items under suspension of the rules, including HR 3036, the Department of Justice Appropriations Authorization Act, Fiscal Years 2004 through 2006. See, Republican Whip Notice.

9:00 AM. The President's Council of Advisors on Science and Technology (PCAST) will hold a meeting. The agenda includes "(1) Discuss a draft report from its workforce-education subcommittee; and (2) continue its discussion of nanotechnology and its review of the federal National Nanotechnology Initiative ... " See, notice in the Federal Register, March 17, 2004, Vol. 69, No. 52, at Page 12694. Location: Crystal Ballroom, St. Regis Hotel, 923 16th Street, NW.

10:00 AM. The House Appropriations Committee's Subcommittee on Homeland Security will hold a hearing on the proposed budget for the Science and Technology directorate at the Department of Homeland Security (DHS). Charles McQueary, Under Secretary for Science and Technology, is scheduled to testify. Location: Room B-308, Rayburn Building.

10:00 AM - 1:00 PM. The Federal Communications Commission's (FCC) Network Reliability and Interoperability Council will meet. See, notice [PDF] and agenda [PDF]. Location: FCC, Commission Meeting Room (TW-C305), 445 12th Street, SW.

11:00 AM. The Heritage Foundation will host a panel discussion titled "Leveraging Cutting-Edge Commercial Technology For Defense". Joseph Mait (Center for Technology and National Security Policy), Stephen Prior (Potomac Institute for Policy Studies), Robert Bott (Boeing Company), James Jay Carafano (Heritage), and Jack Spencer (Heritage). See, notice. Location: Heritage, Lehrman Auditorium, 214 Massachusetts Ave NE.

12:00 NOON. Deadline to submit written comments to the U.S. Trade Representative's (USTR) Trade Policy Staff Committee (TPSC) regarding negotiating objectives for the proposed free trade agreement (FTA) between the U.S. and four Andean countries (Colombia, Peru, Ecuador, and Bolivia). See, notice in the Federal Register, February 17, 2004, Vol. 69, No. 31, at Pages 7532 - 7534.

12:30 PM - 2:30 PM. The DC Bar Association's Sections on Intellectual Property and International Law will host a luncheon titled "Developments in IPR Enforcement at the Border". The speakers will be George McCray (U.S. Customs and Border Protection), William Hubbard (Food and Drug Administration), Alice Kipel (Steptoe & Johnson), and Geoffrey Goodale (Gardner Carton & Douglas). Prices vary. For more information, call 202-626-3463. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

2:00 PM. The House Appropriations Committee's Subcommittee on Commerce, Justice, and State, the Judiciary, and Related Agencies will hold a hearing on the proposed budget for the Departments of Commerce, Justice and State. The purpose of this hearing is to allow Members of Congress to testify. Location: Room H-309, Capitol Building.

2:30 PM. The Senate Commerce Committee will hold a hearing an several pending nominations, including that of Theodore Kassinger to be Deputy Secretary of Commerce. Location: Room 253, Russell Building.

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

8:45 AM - 5:15 PM. The DC Bar Association's Section on Intellectual Property will host a program titled "Practical Tips on Intellectual Property". The speakers will include U.S. Court of Appeals Judge Alan Lourie. Prices vary. For more information, call 312-988-6517. Location: Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

10:00 AM. The House Commerce Committee will hold a hearing titled "U.S.-China Trade: Preparations for the Joint Commission on Commerce and Trade". Press contact: Larry Neal or Jon Tripp at 202 225-5735. The hearing will be webcast. Location: Room 2123, Rayburn Building.

10:00 AM. The House Appropriations Committee's Subcommittee on Commerce, Justice, and State, the Judiciary, and Related Agencies will hold a hearing on the proposed budget for the Federal Communications Commission (FCC). FCC Chairman Michael Powell is scheduled to testify. Location: Room H-309, Capitol Building.

10:00 AM. The Senate Judiciary Committee will hold a hearing on several judicial nominees, including William Duane Benton (to be a Judge of the U.S. Court of Appeals for the 8th Circuit), Robert Bryan Harwell (District of South Carolina), and George Schiavelli (Central District of California). See, notice. Location: Room 226, Dirksen Building.

12:15 PM - 2:00 PM. The DC Bar Association's Sections on Antitrust and Computer and Telecommunications Law will host a brown bag lunch titled "The on Restrictions on Telephone Calls, Faxes and Spam". The speakers will include Kurt Schroeder (FCC Enforcement Bureau), Erica McMahon (FCC Consumer and Governmental Affairs Bureau), Lisa Hone (FTC Bureau of Consumer Protection), Michael Goodman (FTC Bureau of Consumer Protection), Barry Cutler (Baker & Hostetler), and Emmitt Carlton (FCC Enforcement Bureau). For more information, call 202 626-3463. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

1:30 AM. The House International Relations Committee will meet to mark up numerous items, including HRes 576, a resolution urging the People's Republic of China to improve its protection of intellectual property rights. Location: Room 2172, Rayburn Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Online Communications Practice Committee will host a brown bag lunch titled "Digital Rights Management". The speakers will be Mark Cooper (Consumer Federation of America), and Paul Glist (Cole Raywid & Braverman). RSVP to Evelyn Opany at 202-689-7163. Location: Cole, Raywid & Braverman, 1919 Pennsylvania Ave., NW, Suite 200.

1:30 PM. The House Armed Services Committee's (HASC) Subcommittee on Terrorism, Unconventional threats and Capabilities will hold a hearing titled "Fiscal Year 2005 National Defense Authorization budget request - Department of Defense's Business Transformation Efforts". Several of the witnesses have IT, CIO or C4 (a military acronym for Command, Control, Communications, and Computers) in their titles. Location: Room 2118, Rayburn Building.

2:00 - 3:30 PM. Federal Communications Commission (FCC) World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group on Regulatory Issues will meet. The FCC notice [PDF] states that "Non-U.S. citizens who wish to attend must preclear 24 hours in advance of the meeting by e-mailing their name, nationality and company affiliation to sharon.c.neuner@boeing.com." Location: The Boeing Company, 1200 Wilson Boulevard. The nearest metro stop is Rosslyn Station.

The Office of the U.S. Trade Representative (USTR) may conclude its review 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.

6:00 PM. Deadline to submit applications to the National Telecommunications and Information Administration (NTIA) for grants under the Public Telecommunications Facilities Program (PTFP). See, NTIA notice.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding Level 3 Communications' petition for forbearance requesting the FCC to forbear from application of 47 U.S.C. § 251(g), the exception clause of § 51.701(b)(1) of the FCC's rules, and § 69.5(b) of the FCC's rules to the extent those provisions could be interpreted to permit local exchange carrier (LECs) to impose interstate or intrastate access charges on internet protocol (IP) traffic that originates or terminates on the public switched telephone network (PSTN), or on PSTN-PSTN traffic that is incidental thereto. This is WC Docket No. 03-266. See, FCC notice [3 pages in PDF].

Deadline to submit comments to the Federal Trade Commission (FTC) in response to its notice in the Federal Register requesting comments regarding a National Do Not E-mail Registry. Section 9 of S 877, the "Controlling the Assault of Non-Solicited Pormography and Marketing Act of 2003" (CAN-SPAM Act), requires the FTC to write a report to the Congress on establishing a nationwide Do Not E-Mail Registry. It is due by June 16, 2004. See, story titled "FTC Announces CAN-SPAM Act Rulemaking" in TLJ Daily E-Mail Alert No. 855, March 15, 2004. The notice is published in the Federal Register, March 11, 2004, Vol. 69, No. 48, at Pages 11775-11782. See also, FTC release summarizing the notice.

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

9:00 AM - 1:15 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA), U.S. Patent and Trademark Office (USPTO), and Technology Administration (TA) will host a forum titled "From RFID to Smart Dust: The Expanding Market for Wireless Sensor Technologies". The participants will include Kevin Martin (FCC Commissioner), Jon Dudas (acting Director of the USPTO), Michael Gallagher (acting Administrator of the NTIA), Elizabeth Prostic (Chief Privacy Officer), and Benjamin Wu (Deputy Under Secretary for Technology). See, NTIA release and notice in the Federal Register, March 1, 2004, Vol. 69, No. 40, at Page 9598. Location: DOC Auditorium, 1401 Constitution Ave., NW.

9:30 AM. The U.S. Court Appeals (DCCir) will hear oral argument in Telcordia v. Telkom, No. 03-7099. Judges Randolph, Rogers and Garland will preside. Location: Prettyman Courthouse, 333 Constitution Ave.

10:00 AM. The House Appropriations Committee's Subcommittee on Homeland Security will hold a hearing on the proposed budget for the Information and Analysis and Infrastructure Protection directorate of the Department of Homeland Security (DHS). Location: TBA.

2:00 PM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing on HR __, a yet to be introduced bill reauthorizing the Satellite Home Viewer Improvement Act. See, notice. The hearing will be webcast by the Committee. Press contact: Larry Neal or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.

2:00 PM. The House Appropriations Committee's Subcommittee on Veterans Affairs and Housing and Urban Development, and Independent Agencies will hold a hearing on the proposed budget for the National Science Foundation (NSF). Location: Room 2359, Rayburn Building.

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

8:30 AM - 3:45 PM. There will be an event titled "The 19th Annual Intellectual Property Law Conference". The speakers will include Rep. Lamar Smith (R-TX), Chairman of the House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property. Prices vary. For more information, call 312-988-5598. Location: Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

9:30 AM. The U.S. Court Appeals (DCCir) will hear oral argument in Communications & Control Inc. v. FCC, No. 03-1213. Judges Henderson, Randolph and Roberts will preside. Location: Prettyman Courthouse, 333 Constitution Ave.

10:00 AM - 12:00 NOON. The American Enterprise Institute (AEI) will host a panel discussion titled "Preemption in the Rehnquist Court". See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

12:15 PM. The Federal Communications Bar Association (FCBA) will host a lunch. The speakers will be legal advisors on wireless issues to Federal Communications Commission (FCC) Commissioners. The price to attend is $15. RSVP to Wendy Parish at wendy@fcba.org by 5:00 PM on Wednesday, March 31. Location: Sidley Austin, 1501 K Street, NW, 6th Floor.

3/23. Rep. John Dingell (D-MI), the ranking Democrat on the House Commerce Committee, and Rep. Fred Upton (R-MI), the Chairman of the Subcommittee on Telecommunications and the Internet, wrote a letter [4 pages in PDF] to Federal Communications Commission (FCC) Chairman Michael Powell regarding Broadcast Auxiliary Services (BAS).

They wrote that "The proceeding at issue would establish a new procedure for removing local stations from a portion of the band now used for" BAS. The FCC released its report and order in this proceeding on November 7, 2003. This is ET Docket No. 95-18.

The two Congressmen wrote that this item, "if left unaltered may seriously impair the ability of local television stations to provide the communities they serve with live, local coverage of emergencies as well as routine news events."

Under the FCC's plan, some of the spectrum previously allocated for BAS channels, will be reallocated for Advanced Wireless Service (AWS). That is, it will be used for broadband connections for portable devices.

3/23. An en banc panel of the U.S. Court of Appeals (9thCir) heard oral argument in U.S. v. Kincade, a case regarding whether a parolee can be required to provide a DNA sample for the FBI's national DNA database.

This case pits the facilitation of law enforcement against the protection of individual privacy. The three judge panel of the Court of Appeals held that the DNA Analysis Backlog Elimination Act of 2000, which is codified at 42 U.S.C. § 14135a, violates the Fourth Amendment of the Constitution's prohibition of unreasonable searches and seizures.

On October 3, 2003 the three judge panel of the Court of Appeals issued its split opinion [40 pages in PDF].

This case is U.S.A. v. Thomas Cameron Kincade, U.S. Court of Appeals for the Ninth Circuit, App. Ct. No. 02-50380, an appeal from the U.S. District Court for the Central District of California, D.C. No. CR-93-00714-RAG-01.

See also, amicus brief [25 pages in PDF] submitted by the Electronic Privacy Information Center (EPIC). The EPIC argues that DNA analysis provides information about intimate aspects of person and his relatives, including susceptibility to particular diseases and legitimacy of birth. The EPIC argues that this information, in the hands of insurers, employers, banks, or others, could be used for genetic discrimination.

The EPIC's concern that sensitive personal information contained in law enforcement databases could be obtained by private companies, was underscored the day after the Court of Appeals' oral argument, when Rep. Robert Andrews (D-NJ) and Rep. Jim Saxton (R-NJ) introduced HR 4022, the "Private Security Enhancement Act". This bill would enable private security services companies to access the criminal history records and fingerprints of the National Crime Information Center for persons employed by, or seeking employment with, these companies.