4/17. President Bush gave a radio address in which he discussed the USA PATRIOT Act. He said that "Congress must renew the Patriot Act". This speech was similar to parts of his January 20, 2004 State of the Union address.

The PATRIOT Act was passed by the 107th Congress as HR 3162 shortly after the terrorist attacks of September 11, 2001. It became Public Law 107-56 on October 26, 2001. The PATRIOT Act provides that some of its provisions sunset, or cease to have effect, on December 31, 2005. In addition, there are bills that would sunset more provisions of the Act.

Bush stated that "Because we passed the Patriot Act, FBI agents can better conduct electronic surveillance and wiretaps on suspected terrorists. And they now can apply other essential tools -- many of which have long been used to investigate white-collar criminals and drug traffickers -- to stop terrorist attacks on our homeland."

He continued that "Key elements of the Patriot Act are set to expire next year. Some politicians in Washington act as if the threat to America will also expire on that schedule. Yet we have seen what the terrorists intend for us, in deadly attacks from Bali to Mombassa to Madrid. And we will not forget the lessons of September the 11th. To abandon the Patriot Act would deprive law enforcement and intelligence officers of needed tools in the war on terror, and demonstrate willful blindness to a continuing threat."

Title II of the PATRIOT Act, which addresses electronic surveillance, provides, at § 224, for the sunsetting of many of the provisions of Title II. It provides, in part, that "this title and the amendments made by this title (other than sections 203(a), 203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222, and the amendments made by those sections) shall cease to have effect on December 31, 2005." (Parentheses in original.)

Consequently, the following sections are scheduled to sunset:
  § 201 pertaining to "Authority to intercept wire, oral, and electronic communications relating to terrorism"
  § 202 pertaining to "Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses"
  § 203(b) pertaining to "Authority to share electronic, wire and oral interception information" of criminal investigations
  § 203(d) pertaining to sharing "Foreign intelligence information"
  § 204 pertaining to "Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communication"
  § 206 pertaining to "Roving surveillance authority under the FISA"
  § 207 pertaining to "Duration of FISA surveillance of non-United States persons who are agents of a foreign power"
  § 209 pertaining to "Seizure of voice-mail messages pursuant to warrants"
  § 212 pertaining to "Emergency disclosure of electronic communications to protect life and limb"
  § 214 pertaining to "Pen register and trap and trace authority under FISA"
  § 215 pertaining to "Access to records and other items under the FISA"
  § 217 pertaining to "Interception of computer trespasser communications"
  § 218 pertaining to "Foreign intelligence information"
  § 220 pertaining to "Nationwide service of search warrants for electronic evidence"
  § 223 pertaining to "Civil liability for certain unauthorized disclosures"
  § 225 pertaining to "Immunity for compliance with FISA wiretap".

Several bills have been introduced that would affect the sunsetting of these and other sections. For example, Sen. Patrick Leahy (D-VT), the ranking Democrat on the Senate Judiciary Committee, introduced S 1695, the "PATRIOT Oversight Restoration Act" on October 1, 2003. See, story titled "Sen. Leahy Introduces Bill to Expand List of Surveillance Provisions of PATRIOT Act to Be Sunsetted" in TLJ Daily E-Mail Alert 757, October 14, 2003.

Another key bill is S 1709, the "Security and Freedom Ensured Act of 2003", or SAFE Act, introduced by Sen. Larry Craig (R-ID) on October 2, 2003. See, story titled "Senators Craig and Durbin Introduce Bill to Modify PATRIOT Act" in TLJ Daily E-Mail Alert No. 753, October 6, 2003.

The Leahy and Craig bills would not only reaffirm that many of these sections will sunset, they would also add several additional sections for sunsetting:
  § 213 pertaining to "Authority for delaying notice of the execution of a warrant"
  § 216 pertaining to "Modification of authorities relating to use of pen register and trap and trace devices"
  § 219 pertaining to "Single-jurisdiction search warrants for terrorism"

§ 215, which is scheduled to sunset, is perhaps the section that has attracted the most public opposition.

§ 215 rewrote § 501 of the Foreign Intelligence Surveillance Act (FISA), which is codified in Title 50 as § 1861. It pertains to "Access to Certain Business Records for Foreign Intelligence and International Terrorism Investigations". § 215 (of the PATRIOT Act) replaced §§ 501-503 (of the FISA) with new language designated as §§ 501 and 502.

FISA only applies to foreign powers, and agents of foreign powers, including international terrorists. § 501 enables the FBI to obtain from a judge or magistrate an order requiring the production business records. While the statute does not expressly include library records, it is not disputed that library records could be obtained. The American Library Association (ALA) has been the most vocal opponent of § 215.

Currently, § 501 (as amended by § 215) requires that an application to a judge or magistrate "shall specify that the records concerned are sought for an authorized investigation conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities." Allowing § 215 to sunset would raise the standard for obtaining a FISA order for business records, back to the pre-PATRIOT Act language.

§ 216 is another key section. It expands the concept of pen register and trap and trace devices (PR&TTD) to online communications.

PR&TTD are telephone industry concepts. PRs are used to obtain outgoing phone numbers. TTDs are used to obtain incoming numbers. Before passage of the PATRIOT Act, the relevant statute referenced "wire" communications.

The PATRIOT Act provides that the concept of a PR is expanded from merely capturing phone numbers, to capturing routing and addressing information in any electronic communications, including internet communications. The Act similarly expands the concept of TTDs.

PR&TTD orders do not authorize a LEA to obtain the content of communications. Court orders authorizing PR&TTD devices do not require a showing of probable cause, as is the case for wiretaps, which enable law enforcement agencies to obtain the content of communications.

4/15. The Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs (OIRA) released a document [36 pages in PDF] titled "Revised Information Quality Bulletin for Peer Review".

The OMB, which is a part of the Executive Office of the President (EOP), released and requested comments upon the first version of this document [14 pages in PDF] titled "Peer Review and Information Quality" in August of 2003. See, story titled "OMB Proposes Peer Review of Scientific Findings of Regulatory Agencies" in TLJ Daily E-Mail Alert No. 731, September 3, 2003.

The OMB received 187 comments during the public comment period. The just released bulletin substantially expands and revises the original.

The revised bulletin states that "agencies must undertake a peer review of influential scientific information before they disseminate the information to the public. Different types of peer review are appropriate for different types of information products, and agencies are granted under this Bulletin appropriate discretion to weigh the benefits and costs of using a particular peer review mechanism for a particular information product. This Bulletin leaves the selection of a peer review mechanism for influential scientific information to the agency's discretion."

It adds that "Based on public and agency comments, we also exempted various types of information products from the requirements of this Bulletin, including time-sensitive medical, health, and safety determinations, in order to ensure that peer review does not unduly delay the release of time-sensitive findings."

The OMB also announced that there is a 30 day comment period on the revised bulletin. See, OMB release [PDF].

On December 15, 2003, Rep. Henry Waxman (D-CA), the ranking Democrat on the House Government Reform Committee, and six other House Democrats, wrote a letter [9 pages in PDF] to Joshua Bolten, Director of the OMB, in which they argued that "The focus of the proposal is misplaced. There is a serious and growing threat to science in federal agencies, but the threat is not insufficient peer review. For political reasons, the Bush Administration has repeatedly distorted scientific data, manipulated scientific advisory committees, gagged scientists, and provided misleading information to Congress and the public. Yet the new OMB proposal ignores this growing politicization of science. In fact, it actually erects new roadblocks to the use of high-quality science in agency decision making."

4/16. Federal Reserve Board (FRB) Chairman Alan Greenspan gave a speech titled "Capitalizing Reputation".

He stated that "a market economy requires a structure of formal rules -- for example, a law of contracts, bankruptcy statutes, a code of shareholder rights. But rules cannot substitute for character."

He then reviewed the history in the United States of the role of reputation for integrity in business.

He that stated that "Over the past half century, the American public has embraced the protections of the myriad federal agencies that have largely substituted government financial guarantees and implied certifications of integrity for business reputation. As a consequence, the market value of trust so prominent in the nineteenth century seemed unnecessary and by the 1990s appeared to have faded to a fraction of its earlier level."

"Presumably," said Greenspan, "we are better protected and, accordingly, better off as a consequence of these governmental protections. But corporate scandals of recent years have clearly shown that the plethora of laws of the past century have not eliminated the less-savory side of human behavior."

He concluded that "We should not be surprised then to see a re-emergence of the market value placed on trust and personal reputation in business practice. After the revelations of corporate malfeasance, the market punished the stock prices of those corporations whose behaviors had cast doubt on the reliability of their reputations."

4/13. The Office of the U.S. Trade Representative (USTR) announced plans to "create a separate and expanded Office of China Affairs". This Office will be responsible for trade with the People's Republic of China, Taiwan, Hong Kong, Macau and Mongolia. Charles Freeman will be the Acting Assistant U.S. Trade Representative (AUSTR) for China Affairs.

Previously, there had been one AUSTR for North Asian Affairs, who was responsible for Japan and Korea, in addition to the PR China, Taiwan, Hong Kong, and Mongolia. Wendy Cutler held this position. She will continue as AUSTR, but with responsibility for Japan, Korea, and the Asia Pacific Economic Cooperation (APEC) forum (after the APEC ministerial in June 2004).

Ralph Ives, who is AUSTR for Southeast Asia and Pacific Affairs, will also become the AUSTR for Pharmaceutical Policy.

Deputy USTR Josette Shiner will continue to oversee U.S. trade policy with Asia and Africa.

In addition, Mary Ryckman, who is the Deputy AUSTR for Trade Capacity Building, will be promoted to AUSTR and head a new separate office of Trade Capacity Building. See, USTR release [PDF].

4/16. Thomas Derenge was named Deputy Division Chief for Engineering in the Mobility Division of the Wireless Telecommunications Bureau (WTB) of the Federal Communications Commission (FCC). He has worked at the FCC since 1991. For the last four years he has been Chief of the Spectrum Policy Branch of the FCC's Office of Engineering and Technology (OET). He has a decree in electrical engineering. See, FCC release [PDF].

4/16. Renée Crittendon was named Associate Division Chief of the Mobility Division. She has worked at the FCC since 2001. She was previously a Senior Attorney Advisor in the Wireline Competition Bureau's (WCB) Competition Policy Division, where she worked on Section 271 applications and local competition rulemaking proceedings. Before joining the FCC, she worked at Prism Communication Services, and at the law firms of Leventhal Senter & Lerman and Piper Rudnick. See, FCC release [PDF].

The House will return from its Spring/Easter recess. No votes are scheduled. See, Republican Whip Notice.

The Senate will return from its Spring/Easter recess. It will meet at 1:00 PM to begin consideration of S 2290, the asbestos bill.

The Supreme Court will return from the recess that it began on April 5.

9:00 AM - 6:00 PM. The Federal Trade Commission (FTC) will host a public workshop titled "Monitoring Software on Your PC: Spyware, Adware, and Other Software". At 9:15 AM there will be a panel titled "Defining, Understanding and Disseminating Spyware". At 10:45 AM there will be a panel titled "Security Risks and PC Functionality". At 11:45 AM there will be  a panel titled "Privacy Risks". At 2:30 PM there will be a panel titled "Industry Responses to Spyware - Industry Best Practices and Working with the Government". At 3:45 PM there will be a panel titled "Technological Responses to Spyware". At 4:45 PM there will be a panel titled "Government Responses to Spyware - Law Enforcement, Consumer Education and Coordinating with Industry". See, notice. Location: FTC, Satellite Conference Center 601 New Jersey Avenue, NW.

1:00 -2:30 PM. The Federal Trade Commission (FTC) will host a brown bag lunch and media availability in connection with its public workshop titled "Monitoring Software on Your PC: Spyware, Adware, and Other Software". The speakers will be Brian Arbogast (Microsoft), Trevor Hughes (Network Advertising Initiative), Chris Kelly (Spoke Software), Fran Maier (TRUSTe), Andrew McLaughlin (Google), Jules Polonetsky (AOL), and John Schwarz (Symantec). The FTC's notice also states that "Reporters unable to attend the conference can listen to presentations by calling: 800-955-9331. Access Number: 23354988. Chairperson: Bruce Jennings. Call-in lines are for press only." Location: FTC, Room 3100.

10:00 AM. The National Foundation for American Policy (NFAP) will host a press conference regarding outsourcing legislation. For more information, contact Stuart Anderson at 703 532-2540. Location: National Press Club, First Amendment Lounge, 529 14th St. NW, 13th Floor.

The Intellectual Property Owners Association (IPO) will host an event titled "Patent Quality Conference". For more information, contact 202 466-2396 or info@ipo.org. Location: Ronald Reagan Building and International Trade Center.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding whether certain rules should be repealed or modified because they are no longer necessary in the public interest. The FCC released this NPRM on January 12, 2004. This item is FCC 03-337 in WC Docket No. 02-313. See, notice in the Federal Register, March 18, 2004, Vol. 69, No. 53, at Pages 12814-12826.

The House will meet 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 Supreme Court will hear oral argument in Intel v. AMD, a case regarding the availability of a discovery order from a U.S. District Court, pursuant to 28 U.S.C. § 1782, for a complainant in an antitrust matter before the European Commission. See, Order List [8 pages in PDF] at page 1. See, story titled "Supreme Court Grants Certiorari in Intel v. AMD", also published in TLJ Daily E-Mail Alert No. 776, November 11, 2003; and story titled "9th Circuit Rules on Discovery in U.S. for EC Antitrust Proceeding" in TLJ Daily E-Mail Alert No. 446, June 7, 2002.

10:00 PM. The Senate Governmental Affairs Committee's Subcommittee on Oversight will hold a hearing titled "Pirates of the 21st Century: The Curse of the Black Market". The hearing will review the effectiveness of the federal government's efforts to enforce existing intellectual property rights. See, notice. Location: Room 342, Dirksen Building.

1:00 - 5:00 PM. The U.S. Patent and Trademark Office's (USPTO) Nanotechnology Customer Partnership will meet. RSVP to Jill Warden at 571 272-1267 or Jill.Warden@uspto.gov. See, notice. Location: Conference Center, Rooms 1D70 and 1D80, Jefferson Building, 500 Dulany Street, Alexandria, VA.

2:30 PM. The Senate Governmental Affairs Committee's Subcommittee on Financial Management, the Budget, and International Security will hold a hearing titled "Oversight Hearing on Expensing Stock Options: Supporting and Strengthening the Independence of the Financial Accounting Standards Board". See, notice. Location: Room 342, Dirksen Building.

Extended 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 (setting the original comment deadline of March 31, 2004) 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 notice (extending the deadline to April 20, 2004) is published in the Federal Register, April 9, 2004, Vol. 69, No. 69, at Pages 18851 - 18852.

The House will meet at 10:00 AM for legislative business. The agenda includes consideration of several non technology related items under suspension of the rules. See, Republican Whip Notice.

7:45 AM. The Federal Communications Bar Association (FCBA) will host a breakfast. The speaker will be John Rogovin, General Counsel of the Federal Communications Commission (FCC). Prices vary. The buffet will begin at 7:45 AM. Location: Mayflower Hotel, 1127 Connecticut Avenue, NW.

10:00 AM. The House Financial Services Committee's (HFSC) Subcommittee on Capital Markets will hold a hearing to evaluate the Financial Accounting Standards Board's (FASB) exposure draft on share-based payments, or stock options, and its effects on publicly traded companies. See, HFSC release. Location: Room 2128, Rayburn Building.

? 10:00 AM. The House Judiciary Committee will hold a hearing. Secretary of Homeland Security Tom Ridge will testify regarding visas and machine readable and biometric requirements for passports. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

12:00 NOON. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch titled "M&A Opportunities in Telecom & Media". The speakers will be Michael Price (Evercore Partners) and Chuck Wiebe (BIA Capital). RSVP to Ava Smith 202 371-7201 or asmith@skadden.com. Location: Skadden Arps, 700 14th St., NW, 11th Floor.

1:00 - 5:00 PM. Day one of a three day meeting of the National Commission on Libraries and Information Science (NCLIS) will hold a meeting. See, notice in the Federal Register, April 12, 2004, Vol. 69, No. 70, at Page 19240. Location: 1110 Vermont Avenue, NW, Suite 820.

2:00 PM. The House Government Reform Committee's Subcommittee on Technology, Information Policy, Intergovernmental Relations and the Census will hold a hearing titled "Protecting Our Nation’s Cyber Space: Educational Awareness for the Cyber Citizen". For more information, contact Juliana French at 202 225-6751. Location: Room 2154, Rayburn Building.

Deadline to submit comment to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its "Pre-Publication Final" draft [67 pages in PDF] of NIST Special Publication 800-37, titled "Guide for the Security Certification and Accreditation of Federal Information Systems". Comments should be addressed to sec-cert@nist.gov.

The House will meet at 9:00 AM for legislative business. The agenda includes consideration of several non technology related items under suspension of the rules. See, Republican Whip Notice.

9:00 AM. The House Armed Services Committee will hold a hearing to receive the Report of the Commission to Assess the Threat to the United States from Electromagnetic Pulse (EMP) Attack. William Graham, the Chairman of the Commission, and other members, will testify. Location: Room 2118, Rayburn Building.

9:00 - 10:30 AM and 1:00 - 5:00 PM. Day two of a three day meeting of the National Commission on Libraries and Information Science (NCLIS) will hold a meeting. See, notice in the Federal Register, April 12, 2004, Vol. 69, No. 70, at Page 19240. Location: 1110 Vermont Avenue, NW, Suite 820.

9:30 AM. The U.S. Court Appeals (DCCir) will hear oral argument in Verizon v. FCC, No. 03-1396. Judges Ginsburg, Garland and Roberts will preside. Location: Prettyman Courthouse, 333 Constitution Ave.

9:00 AM - 1:00 PM. Day three of a three day meeting of the National Commission on Libraries and Information Science (NCLIS) will hold a meeting. See, notice in the Federal Register, April 12, 2004, Vol. 69, No. 70, at Page 19240. Location: 1110 Vermont Avenue, NW, Suite 820.

10:00 AM. The Federal Communications Commission's (FCC) Technological Advisory Committee will hold a meeting. The agenda includes broadband wireless and spam. See, notice [PDF] and agenda [PDF]. The event will be audio webcast. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th Street, SW.

4/16. The Federal Bureau of Investigation (FBI) published a notice in the Federal Register stating that the National Crime Prevention and Privacy Compact Council will hold a meeting on May 18-19, 2004.

The notice states that topics addressed at the meeting may include the "Draft of Noncriminal Justice Outsourcing Rule and Security and Management Outsourcing Standard", the "Draft of National Fingerprint File Rule", and the "Report on the National Fingerprint-Based Applicant Check Study". See, Federal Register, April 16, 2004, Vol. 69, No. 74, at Pages 20641 - 20642.

Consistent with the FBI's commitment to making the policy making activities and operations of government open and accessible to the public in a transparent manner, the meeting will be held in Minnetonka, Minnesota, and will not be webcast. Last year's meeting was held in West Yellowstone, Montana.

The Minnesota Department of Natural Resources has announced that the 2004 season for Walleye, Northern and Lake Trout opens on May 15.

4/16. The Department of Homeland Security (DHS) published a notice in the Federal Register stating that the President's National Security Telecommunications Advisory Committee (NSTAC) will hold a two day meeting to discuss "cyber-related vulnerabilities of the internet", on May 18-19, 2004. The notice states that the meeting is closed to the public. See, Federal Register, April 16, 2004, Vol. 69, No. 74, at Pages 20635 - 20636.