Tech Law Journal Daily E-Mail Alert
May 10, 2004, 9:00 AM ET, Alert No. 894.
Home Page | Calendar | Subscribe | Back Issues | Reference
Bush Addresses Trade and Broadcast and Internet Speech

5/8. President Bush gave a speech in Prairie Du Chien, Wisconsin, and another speech in LaCrosse, Wisconsin in which he addressed technology, trade and regulation of speech. He once again endorsed free trade, and opposed isolationism, but said nothing about outsourcing. Regarding broadcast speech, he said that "it's very important that we remain a country of free speech", and "that's why you put an off-on button on there".

In Prairie Du Chien he said that "Trade policy needs to be confident, not pessimistic, in the ability for Americans to compete. Most Presidents have opened up our markets for other countries. That's good for consumers. If you've got more product from which to choose, you're likely to get a better price and better quality. In other words, the most choice you get, the more that people will meet demand with better product at a price you can afford. But the problem is, other countries haven't responded. So rather than becoming economic isolationists, for the sake of long-term job growth, this country must say, treat us like we treat you. With a level playing field, we can compete with anybody, anyplace, anywhere. Good trade policy is necessary to make sure jobs exist not only in the short-term, in the long-term."

In LaCrosse he said that "We need to be confident when it comes to trade policy. Listen, other Presidents before me have opened up U.S. markets for the good of consumers. When you get more products coming into America, consumers get better choices at better prices, and better quality. What we need to do is reject economic isolationism and say to other nations, treat us the way we treat you. Open up your markets. Create a level playing field for America's workers and farmers and manufacturers, and we can compete with anybody, anyplace, anywhere on the face of the Earth. I'm running -- I'm running because I want to make sure this economic growth continues. I'm running to make sure America is the greatest economy on the face of the Earth. I'm running because I want our people with good, solid jobs. I'm running to promote a pro-entrepreneur, pro-small business, pro-growth economic agenda."

In Prairie Du Chien a conservative Christian clergyman asked the President about "political correctness", laws "being passed to limit offensive speech", and courts that "limit our free speech when it comes to offensive speech toward different groups?"

Bush said that "Freedom to speak is a valuable part of our country. And a President has got to protect that. People ought to be allowed to speak the way you want to speak. But there are limits. And it is very important for our society to work with those that push the limits without abridging anybody else's freedom to speak."

He later discussed broadcast and internet speech. He said, "Obviously there's a line to cross when it comes to speech. That's been a difficult challenge for our country, to figure out where it is and where it isn't. You know, sometimes on TV, there are things you don't want to see. But that's why you put an off-on button on there. You just kind of turn it off. You don't have to watch it. You can also pay attention --  And there are other things we can do to make it easier for parents to make sure their children aren't watching garbage. And there are things you can do on the Internet to make sure that garbage doesn't get in your living room. But it's very important that we remain a country of free speech and of free religion."

Bush also offered a comment on the nature of technology and innovation. Said the President, "There's new technologies happening all the time".

Microsoft Bounty Leads to Arrest of Worm Perpetrator

5/8. Law enforcement authorities in Germany made an arrest on May 7 in connection with the release of the Sasser worm and several variants. Microsoft announced the next day that its reward program led others to provide information to Microsoft that led to the arrest.

The U.S. CERT states that this worm, which affects computers running Microsoft Windows XP and Microsoft Windows 2000, "attempts to take advantage of a buffer overflow vulnerability in the Windows Local Security Authority Service Server (LSASS). The vulnerability allows a remote attacker to execute arbitrary code with SYSTEM privileges." See also, Microsoft Security Bulletin MS04-011, for a more detailed discussion of the worm.

Microsoft announced that its bounty program played a role in catching the perpetrator. Microsoft stated in a release on May 8 that last November it created "a $5 million anti-virus reward program, supporting Interpol, the FBI, and the Secret Service. Aware of this program, certain individuals in Germany approached Microsoft investigators last week, offered to provide information about the creator of the Sasser virus, and inquired about their potential eligibility for a reward. Microsoft informed the individuals that the company would consider providing a reward of up to $250,000 if their information led to the arrest and conviction of the Sasser perpetrator."

Microsoft added that "Following this discussion, the individuals provided information to Microsoft and local authorities in Germany. Microsoft reviewed this information and, in conjunction with law enforcement authorities, pursued technical analysis to verify the accuracy of the information provided. The FBI also provided investigative support for German law enforcement."

Finally, it stated that "The investigation led by German police over the past week led to information relating not only to all four variants of the Sasser worm, but also to the Netsky worm, which was launched on Feb. 16, 2004. Ultimately there were 28 variants of the Netsky worm, and German authorities are alleging that all these variants are connected to the individual arrested yesterday."

See also, story titled "Microsoft Offers Rewards for Information Leading to Convictions of People Who Launch Malicious Code" in TLJ Daily E-Mail Alert No. 773, November 6, 2003.

Heretofore, few people who have written or launched malicious viruses or worms on the internet have been apprehended.

DOJ Reports that 1,724 FISA Orders Were Issued for Electronic Surveillance and Physical Search in 2003

4/30. The Department of Justice (DOJ) sent a letter [2 pages in PDF] to the Administrative Office of the United States Courts (AOUSC) regarding applications made, and orders issued, pursuant to the Foreign Intelligence Surveillance Act (FISA).

The letter is very brief. It states that "During calendar year 2003, 1727 applications were made to the Foreign Intelligence Surveillance Court for electronic surveillance and physical search. The 1727 applications include applications made solely for electronic surveillance, applications made solely for physical search, and combined applications requesting authority for electronic surveillance and physical search simultaneously. The Court approved, in whole or in part, 1724 applications."

The report also states that "During calendar year 2003, the Court made substantive modifications to the Government's proposed orders in 79 applications presented to the Court."

This report is required by 50 U.S.C. § 1807, which provides that "In April of each year, the Attorney General shall transmit to the Administrative Office of the United States Court and to Congress a report setting forth with respect to the preceding calendar year -- (a) the total number of applications made for orders and extensions of orders approving electronic surveillance under this subchapter; and (b) the total number of such orders and extensions either granted, modified, or denied."

Also on April 30, the AOUSC released its 2003 annual report [10 pages in PDF] on interception of phone, oral and electronic communications. This report, which is required by 18 U.S.C. § 2519, addresses authorizations for interception of wire, oral and electronic communications under Chapter 119 of Title 18 of the U.S. Code, 18 U.S.C. §§ 2510-2522, which is also sometimes referred to as "Title III" (of the Omnibus Crime Control and Safe Streets Act of 1968).

This wiretap report states that "1,442 intercepts authorized by federal and state courts were completed in 2003". Of these, 578 were federal, and 864 were state.

The total number of FISA orders exceeded the total number of wiretap orders in 2003. Moreover, if only federal wiretap orders are considered, then there were over three time more FISA orders than there were federal wiretap orders in 2003.

See also, story titled "US Courts Releases 2003 Data on Interception of Wire Oral & Electronic Communications" in TLJ Daily E-Mail Alert No. 889, May 3, 2004.

A wiretap order, which enables law enforcement agencies to obtain the content of a phone call or e-mail, is issued by a judge upon a showing of probable cause. This is a very high standard.

There is a separate, and low, standard for FISA orders. Under current law, a significant purpose of the surveillance must be foreign intelligence gathering, including intelligence regarding terrorists. Nominally, FISA orders are not available in domestic criminal investigations.

EIA Releases Tech Policy Recommendations

5/5. The Electronic Industry Alliance (EIA) released a report [66 pages in PDF] titled "The Technology Industry at an Innovation Crossroads: A Policy Playbook Addressing the Future of the U.S. High-Tech Innovation Economy"

The is a collection of policy proposals pertaining to technology, with discussion and explanation. It is organized in a long glossy booklet, with pictures, graphs, tables and intricate formatting.

Dave McCurdy, President of the EIA, presented the report at an event in the Capitol Building on May 5. He was joined by representatives of several of the member groups of the EIA, including Matthew Flanigan, President of the Telecommunications Industry Association (TIA).

Rep. Adam Smith (D-WA) also spoke at the event. He stated that "this blueprint is about as good a summary as I have seen". Rep. Smith also argued that the U.S. should not give in to the "protectionist approach".

Rep. Sherwood Boehlert (R-NY) did not attend, but issued a statement. He wrote that the "EIA has put out an important report that should guide Congress as we work to strengthen the U.S. economy for both the short- and long-term. While I cannot endorse every recommendation, the overall report targets exactly the right issues for Congress to address."

Trade. The report addresses a wide range of technology related trade issues.

For example, it states that "Our biggest concern is not offshore outsourcing, but that demagoguery and political overreaction to this business practice -- which, by the way, is not new -- will lead to protectionist policies. The lack of an overarching vision, combined with inadequate investment in innovation, contributes to short-term and false choices that could potentially lead to the critics’ prophecies of inevitable Chinese or Indian economic dominance. The core value of a knowledge-based company or society should be innovation, which at its heart is creativity plus risk-taking."

It adds that "Policies designed to directly block offshore outsourcing or to penalize companies for doing business in their international sales markets will only encourage our trading partners to retaliate with similar initiatives. This sort of activity is counterproductive and will harm consumers, employees and entire economies in the end."

Dave McCurdy and Sen. Joe Lieberman (D-CT) will speak at a New America Foundation (NAF) event titled "Solving the Offshore Outsourcing Challenge: A Proposal by Senator Lieberman" on Tuesday, May 11.

The report also recommends that the U.S. should be more aggressive in its use of the World Trade Organization (WTO) legal system. It also recommends the the U.S. "Use Section 301 wherever it may be consistent with U.S., WTO and other international obligations. USTR’s use of Section 301 can serve to highlight unfair foreign trade practices and put pressure on foreign governments to eliminate these practices."

It adds that the U.S. should "Give special attention to compliance problems with China. China is a new WTO member and many have been willing to allow the country time to fulfill its WTO responsibilities. Now, however, China has enjoyed a reasonable grace period. For the electronics industry, Chinese policies pose significant challenges on several fronts, including taxation of semiconductors, standard setting and intellectual property protection."

The report also recommends "more aggressive enforcement of IP protection by U.S. trading partners. Patent and copyright enforcement must be a high priority for the U.S., and where government officials – starting with the President and the U.S. Trade Representative -- push for enforcement, trading partners are more likely to cooperate. In addition, the International Trade Commission should use Section 337, when appropriate."

Immigration. The EIA report also addresses immigration issues. The report defends the H1B and L1 visa programs. "The H1-B classification applies to workers in a specialty occupation that requires highly specialized knowledge and a high level of training and education. The L-1 classification allows foreign nationals to transfer to the U.S. affiliate of the corporation for which they work." The report adds that "it is imperative that legislators not lose sight of the value provided by temporary workers and not disrupt the ability of companies to use these visa programs for legitimate purposes."

The report then lists numerous recommendations for reforming, but maintaining, these programs. It recommends more funding and resources for the agencies involved in administering these programs, clarifying the definition of "specialized knowledge" for the purpose of issuing L1 visas, and exempting from the H1B caps foreign graduates of masters and Ph.D. programs at U.S. universities.

Taxation. The report also includes recommendations on several technology related tax issues.

It recommends that there be a physical nexus requirement for states to impose a business activity tax (BAT). This is the subject of HR 3220, the "Business Activity Tax Simplification Act of 2003", sponsored by Rep. Bob Goodlatte (R-VA), Rep. Rick Boucher (D-VA), and others. The House Judiciary Committee's Subcommittee on Commercial and Administrative Law is scheduled to hold a hearing on this bill on Thursday, May 13.

It also recommends "tax credits or expensing to encourage broadband providers to extend and upgrade their networks.

But notably, the report is silent on S 150 and HR 49, the Internet Non-discrimination Act. See, story titled "Senate Passes Weakened Version Internet Non-discrimination Act" in TLJ Daily E-Mail Alert No. 889, May 3, 2004.

Research & Development. The report contains many recommendations pertaining to research and development (R&D). It recommends making the R&D tax credit permanent, providing more government funding for basic research, and more funding for the National Institute of Standards and Technology (NIST).

Education & Training. The report also contains lengthy sections on K-12 math and science education and on workforce assistance and training.

8th Circuit Rules on Interstate Nature of Phone Calls in Criminal Case

5/6. The U.S. Court of Appeals (8thCir) issued its opinion [PDF] in USA v. RJS, a criminal case. However, this case involves the interstate and intrastate character of telephone calls.

RJS (initials are used because the defendant is a juvenile) is a high school student. He placed a telephone call, using a telephone in the school's detention room, to a school counselor who answered on a telephone in the school secretary's office. He entered a ten digit number to place this call. He made a bomb threat.

RJS was charged with violating 18 U.S.C. § 844(e), which provides that "Whoever, through the use of the mail, telephone, telegraph, or other instrument of interstate or foreign commerce, or in or affecting interstate or foreign commerce, willfully makes any threat, or maliciously conveys false information knowing the same to be false, concerning an attempt or alleged attempt being made, or to be made, to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property by means of fire or an explosive shall be imprisoned for not more than 10 years or fined under this title, or both."

RJS was convicted by the U.S. District Court and sentenced to two years' probation. He appealed.

On appeal, he argued that the telephone call was a wholly intrastate activity and hence, the Congress had no power to regulate it under the Commerce Clause.

The Appeals Court held that "the commerce power reaches wholly intrastate telephone calls, so long as the calls are made with telephones connected to an interstate telephone system." It reasoned that "Under the plain language of § 844(e), defendant need only use an ``instrument of interstate commerce´´ to establish a sufficient nexus to interstate commerce."

The Court added that "Regardless of whether the call defendant made within the school required the use of an interstate telephonic system, both telephones were connected to an interstate telephonic system. Both were connected to separate ten-digit interstate numbers. In addition, defendant's call made both telephones unavailable to outside, interstate contact. Thus, we hold that the telephone defendant used to communicate the threat was an instrument of interstate commerce as that phrase is used in § 844(e). It was therefore subject to federal regulation and protection, United States v. Lopez, 514 U.S. 549, 558 (1995), and therefore was within the power of Congress to regulate under the Commerce Clause."

This case is USA v. RJS, U.S. Court of Appeals for the 8th Circuit, App. Ct. No. 03-2855SD, an appeal from the U.S. District Court for the District of South Dakota.

More Court Opinions

5/4. The U.S. Court of Appeals (DCCir) issued its opinion [15 pages in PDF] in AT&T Wireless v. FCC, a case involving an aircraft based analog cellular telephone system. In a 2001 opinion, AT&T Wireless Services v. FCC, also reported at 270 F.3d 959, the Court of Appeals denied all challenges except one to an order of the Federal Communications Commission (FCC) granting AirCell, Inc. a waiver to operate an aircraft based analog cellular telephone system. The Court remanded to the FCC for an explanation of its conclusion that AirCell’s system was unlikely to harmfully interfere with the rights of ground based cellular telephone providers. The FCC then issued an order on remand, which is reported at 18 F.C.C.R. 1926 (2003). AT&T Wireless, Cingular Wireless, and CellCo Partnership petitioned for review of the order on remand, arguing that the FCC's explanation deviates from the reasoning in the initial order, and is unreasonable. The Court of Appeals denied the petition. It held that "the petitioners misinterpret the Commission’s initial order and the breadth of the remand in AirCell I, that they have waived several of their challenges to the Remand Order by failing to seek rehearing by the Commission of its explanation on remand, and that their unwaived challenges are unpersuasive." This case is AT&T Wireless, et al. v. FCC and USA, AirCell, intervenor, U.S. Court of Appeals for the District of Columbia, App. Ct. No. 03-1043, a petition for review of a final order of the FCC.

5/6. The U.S. Court of Appeals (10thCir) issued its opinion in Salguero v. City of Clovis, a wrongful termination case. Salguero, a former police officer for the City of Clovis in the state of New Mexico, was terminated for his involvement in obtaining illegal access to satellite television. He obtained illegal satellite access cards from Canada, and gave them to a relative, two friends, and other police officers. Clovis fired him. He then filed a complaint in U.S. District Court (NM) against the Clovis alleging breach of employment contract, dismissal without due process of law in violation 42 U.S.C. § 1983, and race discrimination in violation of 42 U.S.C. § 1981. Clovis prevailed in the District Court, and the Court of Appeals affirmed. This case is Gilbert Salguero v. City of Clovis, U.S. Court of Appeals for the 10th Circuit, App. Ct. No. 03-2120, an appeal from the U.S. District Court for the District of New Mexico, D.C. No. CIV-02-0319 WJ/LCS.

People and Appointments

Bruce Mehlman5/10. Bruce Mehlman and Alex Vogel formed a public affairs firm named Mehlman & Vogel. Mehlman (at right) has been the Executive Director of the Computer Systems Policy Project (CSPP) since late last year. He will continue in this role. Before that he was Assistant Secretary of Commerce for Technology Policy. Before that he was policy counsel for Cisco. He has also worked as General Counsel and Policy Director for the House Republican Conference, General Counsel of the National Republican Congressional Committee, and an attorney at the law firm of Wiley Rein & Fielding. Vogel was previously Chief Counsel to Senate Majority Leader Bill Frist (R-TN). He will continue to provide legal counsel to the Majority Leader's Political Action Committee, Volunteer PAC. Before that, he was General Counsel to the National Senatorial Republican Committee during the 2002 election cycle. He too previously worked for Wiley Rein & Fielding.

5/6. Zalmai Azmi was named Chief Information Officer (CIO) of the Federal Bureau of Investigation (FBI). He has been the acting CIO for six months. See, FBI release.

5/5. The National Cable & Telecommunications Association (NCTA) re-elected members of its Board of Directors. Glenn Britt, Ch/CEO of Time Warner Cable, was re-elected for a one-year term as Chairman of the Board of Directors. Brian Roberts, P/CEO of Comcast, was re-elected Vice Chairman. Tom Rutledge, COO of Cablevision Systems Corporation was re-elected as Secretary. Nickolas Davatzes, P/CEO of A&E Television Networks, was re-elected as Treasurer. The NCTA also re-appointed members of its Executive Committee. See, NCTA release.

5/5. Fran Dougherty was named Chief Operating Officer (COO) for 4thpass, a subsidiary of Motorola, that makes secure device and content management software for wireless operators. See, Motorola release.

Senate Judiciary Committee Holds Hearing on Nomination of Dudas to Head the USPTO

5/6. The Senate Judiciary Committee held a hearing on the nomination of Jonathan Dudas to be Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO). The hearing went smoothly for Dudas.

Sen. Orrin Hatch (R-UT), the Chairman of the Committee, said that Dudas is "an excellent choice for this position", and that he will work to get him confirmed by the Senate as soon as possible. Sen. Patrick Leahy (D-VT), the ranking Democrat on the Committee, was cordial, and refrained from criticizing Dudas.

No other members of the Committee were present. Rep. Henry Hyde (R-IL), the former Chairman of the House Judiciary Committee, and the man who brought Dudas to Washington DC, praised Dudas. He was the only witness.

Jonathan DudasDudas is young and inexperienced, but has risen rapidly in Washington DC. He is 35 years old, and graduated from the University of Chicago Law School in 1993. After a brief stint with the law firm of Neal Gerber & Eisenberg in Chicago, he went to work for Rep. Hyde as Legislative Counsel. He then worked for the House Judiciary Committee (which Rep. Hyde chaired from 1995 through 2000), and its Subcommittee on Courts and Intellectual Property.

In 2001, Dudas became Counsel for Legal Policy and Senior Floor Assistant for the Speaker of the House, Rep. Denny Hastert (R-IL). In 2002, he was named Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO. That is, he was the second ranking official at the USPTO, during the directorship of James Rogan. When Rogan left in January, Dudas became the acting Director.

Sen. Hatch raised three issues with Dudas -- workload, pendency, and global piracy. Dudas said that the most important thing for him now is to get HR 1561, the "United States Patent and Trademark Fee Modernization Act of 2004", passed.

The bill contains increases in user fees that implement the USPTO's 21st Century Strategic Plan. It also provides for U.S. outsourcing of patent searches, and an end to the diversion of user fees to subsidize other government programs. The House passed this bill on March 3, 2004 by a vote of 379-28. See, Roll Call No. 38. See also, story titled "House Passes USPTO Fee Bill" in TLJ Daily E-Mail Alert No. 849, March 4, 2004.

The Senate Judiciary Committee passed HR 1561, without amendment, on April 29, 2004. However, Sen. Leahy stated that there may be some changes in the version of bill that will be considered on the Senate floor. He did not identify these changes.

Dudas stated that without the increased funding provided by the Strategic Plan, pendency in some areas will double. Dudas also said that "quality is the primary goal of the Patent and Trademark Office".

In response to questions from Sen. Leahy, Dudas stated that increased fees will enable the USPTO to hire "900 additional examiners in the first year". He also said that "a fair amount will also go into electronic processing" and "updating the system". But, he added that these will be up front expenses that will ultimately save the USPTO money.

Sen. Leahy also asked Dudas about Cuban trademarks, the World Intellectual Property Organization (WIPO) and broadcaster treaty negotiations, and why the USPTO relies on its Patent Public Advisory Committee (PPAC) rather than the Congress's General Accounting Office (GAO).

Washington Tech Calendar
New items are highlighted in red.
Monday, May 10

The House will meet at 12:00 NOON in pro forma session only. See, Republican Whip notice.

The Senate will meet at 2:00 PM for morning business.

1:30 - 3:30 PM. Federal Communications Commission's (FCC) World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group on Broadcasting and Amateur Issues will meet. See, FCC notice [PDF]. For more information, contact Ben Fisher at 202 663-8154. Location: Shaw Pittman, 2300 N Street, NW.

POSTPONED TO JUNE 14. 2:00 PM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet. Location: FCC, 445 12th Street, SW.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) regarding deployment of advanced telecommunications capability to all Americans in a reasonable and timely fashion, and possible steps to accelerate such deployment. The FCC is required by Section 706 of the Telecommunications Act of 1996 to provide an annual report to the Congress on this subject. See, notice in the Federal Register, April 8, 2004, Vol. 69, No. 68, at Pages 18508 - 18515. This is GN Docket No. 04-54.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding the Emergency Alert System (EAS). See, notice in the Federal Register, April 9, 2004, Vol. 69, No. 69, at Pages 18857 - 18859.

Deadline to reply submit comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) requesting data and information on the status of competition in the Commercial Mobile Radio Services (CMRS) industry for the FCC's Ninth Annual Report and Analysis of Competitive Market Conditions with Respect to Commercial Mobile Services. This NOI is FCC 04-38 in WT Docket No. 04-111. See, notice in the Federal Register, April 23, 2004, Vol. 69, No. 79, at Pages 22032 - 22042.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rule Making (NPRM) regarding two plans that propose establishing optional alternative regulation mechanisms for rate-of-return carriers. See, notice in the Federal Register, March 24, 2004, Vol. 69, No. 57, at Pages 13794 - 13803.

Tuesday, May 11

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.

9:00 AM - 1:30 PM. The American Enterprise Institute (AEI) will host an event titled "How Well Does U.S. Government Broadcasting Work in the Middle East?" There will be two panel discussions, titled "The Role of Broadcasting in Public Diplomacy" and "How Do We Measure Success?". Then, Rep. Frank Wolf (R-VA), the Chairman of the House Appropriations Committee's Subcommittee on Commerce, Justice, State and the Judiciary will deliver the luncheon keynote address. See, notice and registration page. Location: AEI, 12th floor, 1150 17th St., NW.

9:30 - 11:30 AM. The New America Foundation (NAF) will host a program titled "Solving the Offshore Outsourcing Challenge: A Proposal by Senator Lieberman". The speakers will be Sen. Joe Lieberman (D-CT) and Dave McCurdy (President of the Electronic Industry Alliance). RSVP to Jennifer Buntman at 202 986-4901 or buntman@newamerica.net. Location: NAF, 1630 Connecticut Ave, 7th Floor.

11:30 AM. Day one of a two day conference hosted by the Computer and Communications Industry Association (CCIA). Steven Cooper  (CIO of the Department of Homeland Security) will give the luncheon keynote address. At 2:00 PM, Rep. Tom Davis (R-VA), the Chairman of the House Government Reform Committee, will speak. At 2:30 PM, Susan Zevin, the acting Director of the Information Technology Laboratory at the National Institute for Standards and Technology (NIST), will speak. At 3:00 PM, Ambassador David Gross, Coordinator for International Communications and Information Policy at the Department of State, will speak. At 3:30 PM Rep. Robert Matsui (D-CA) will speak. For more information, contact Will Rodger at 202 783-0070 or wrodger@ccianet.org. Location: St. Regis Hotel, 16th and K Streets, NW.

12:00 NOON. The Americans for a Secure Internet (ASI) will host a panel discussion titled "Spyware. What is it?  What is it not?  How can it be stopped?" The speakers will be Jennifer Baird (Legislative Assistant for Rep. Mary Bono (R-CA)), Steve DelBianco (NetChoice), Emily Hackett (Internet Alliance), Ari Schwartz (Center for Democracy and Technology), and Ken Silva (VeriSign). RSVP to Abigail Phillips at rsvp@actonline.org or 202 331-2130 ext. 107. Location: Room 2105, Rayburn Building, Capitol Hill.

12:15 PM. The Federal Communications Bar Association's (FCBA) Cable Practice and Legislative Committees will host a brown bag lunch. The speakers will be Neil Fried (Majority Counsel for the House Commerce Committee's Subcommittee on Telecommunications and the Internet), and Gregg Rothschild (Minority Counsel for House Commerce Committee). For more information, contact Cathy Bohigian (Legal Advisor to FCC Commissioner Kevin Martin) at catherine.bohigian@fcc.gov. RSVP to Wendy Parish at wendy@fcba.org. Location: Willkie Farr & Gallagher, 1875 K Street, NW.

Day one of a two day convention hosted by the Computer & Communications Industry Association (CCIA) titled "Washington Caucus". Prices vary. See, registration page. Location: St. Regis Hotel.

Wednesday, May 12

The House will meet at 10:00 AM for legislative business. The agenda includes consideration of several non-technology related bills. See, Republican Whip notice.

9:00 AM. Day two of a two day conference hosted by the Computer and Communications Industry Association (CCIA). At 9:00 AM Rep. Sherwood Boehlert (R-NY), the Chairman of the House Science Committee, will speak. At 9:45 AM there will be a briefing titled "Important Developments In Key CCIA Policy Activities". At 10:45 AM Rep. Robert Menendez (D-NJ), the Chairman of the House Democratic Caucus, will speak. At 12:00 NOON lunch will be served; Sen. Norm Coleman (R-MN) will be the keynote speaker. At 2:00 PM, Rep. Anna Eshoo (D-CA) will speak. At 2:45 PM Meredith Attwell of the National Telecommunications & Information Administration (NTIA) will speak. At 3:30 PM FTC Commissioner Mozelle Thompson will speak. For more information, contact Will Rodger at 202 783-0070 or wrodger@ccianet.org. Location: St. Regis Hotel, 16th and K Streets, NW.

9:00 AM - 3:00 PM. The National Institute of Standards and Technology's (NIST) Advanced Technology Program Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, April 26, 2004, Vol. 69, No. 80, at Pages 22487 - 22488.

9:30 AM. The Senate Commerce Committee will hold another hearing on telecommunications policy. This hearing will be titled "Telecommunications Policy Review: A View from Industry". The witnesses will be Ivan Seidenberg (Ch/CEO of Verizon), Brian Roberts (P/CEO of Comcast), Scott Ford (P/CEO of ALLTEL), Garry Betty (P/CEO of Earthlink), Delbert Wilson (former CEO of the Central Texas Telephone Cooperative). The hearing will be webcast by the Committee. See, notice. Press contact: Rebecca Fisher at 202 224-2670 or Rebecca_Hanks@commerce.senate.gov. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee will hold a hearing on S 2013, the "Satellite Home Viewer Extension Act of 2004", a bill to amend 17 U.S.C. § 119. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing on HR 107, the "Digital Media Consumers' Rights Act of 2003". Rep. Rick Boucher (D-VA) and Rep. John Doolittle (R-CA) introduced this bill on January 7, 2003, and an earlier version, HR 5544 (107th Congress), in late 2002. It would roll back the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) by creating fair use exceptions to the bans on circumvention of technological measures to protect copyrighted works, and by providing an exception for scientific research into technological protection measures. See, story titled "Reps. Boucher and Doolittle Introduce Digital Fair Use Bill" in TLJ Daily E-Mail Alert No. 582, January 14, 2003, and stories titled "Reps. Boucher and Doolittle Introduce Digital Media Consumer Rights Act" and "Summary of the Digital Media Consumer Rights Act" in TLJ Daily E-Mail Alert No. 532, October 4, 2002. See, notice. Press contact: Samantha Jordan (Barton) at 202 225-5735 or Paul Flusche (Stearns) at 202 225-5744. Location: Room 2132, Rayburn Building.

12:00 NOON -1:30 PM. The Progress and Freedom Foundation (PFF) will host a lunch. John Chen, Ch/CEO of Sybase, will speak on economic growth and competitiveness, outsourcing, and the future of innovative wireless technologies. Blair Levin of Legg Mason will also speak. See, notice. Location: J.W. Marriott Hotel, Salon G, 1331 Pennsylvania Ave., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Mass Media Committee will host a brown bag lunch. The topic will be "Current Matters at the Audio Division". The speakers will be Peter Doyle (Chief of the FCC's Media Bureau's Audio Division), Nina Shafran, James Bradshaw, Lisa Scanlan, and Michael Wagner. For more information, contact John Logan at jlogan@dlalaw.com. No RSVP requested. Location: Dow Lohnes & Albertson, 1200 New Hampshire Ave., NW, 8th Floor.

1:30 - 3:30 PM. The WRC-07 Advisory Committee's Informal Working Group 2: Satellite Service and HAPS will meet. Location: Leventhal Senter & Lerman.

1:30 - 3:30 PM. The WRC-07 Advisory Committee's Informal Working Group 4: Broadcasting and Amateur Issues will meet. Location: Shaw Pittman.

2:00 PM. The House Financial Services Committee's Subcommittee on Capital Markets will meet to mark up HR 3574, the "Stock Option Accounting Reform Act". Location: Room 2128, Rayburn Building.

2:00 PM. The House Government Reform Committee's Subcommittee on Technology, Information Policy, Intergovernmental Relations and the Census will hold a hearing titled "The Science of Voting Machine Technology: Accuracy, Reliability, and Security". For more information, contact Juliana French at 202 225-6751. Location: Room 2247, Rayburn Building.

Day two of a two day convention hosted by the Computer & Communications Industry Association (CCIA) titled "Washington Caucus". Prices vary. See, registration page. Location: St. Regis Hotel.

Thursday, May 13

The House will meet at 10:00 AM for legislative business. The agenda includes consideration of several non-technology related bills. See, Republican Whip notice.

8:45 AM - 1:45 PM. The AEI-Brookings Joint Center will host an event titled "Regulating Wireless: How Much and By Whom?" At 9:10 AM there will be a panel discussion titled "Should the States Regulate Wireless Services?". The Speakers will be Anne Boyle (Nebraska Public Service Commission), Boyden Gray (Wilmer Cutler & Pickering), and Peter Passell (Milken Institute). At 10:40 AM there will be a panel discussion titled "How Should the FCC Resolve Competing Claims to Spectrum?" The speakers will be Gerald Faulhaber (University of Pennsylvania), Tom Hazlett (Manhattan Institute), Bryan Tramont (FCC), and Scott Walsten (AEI-Brookings). At 12:15 PM FCC Commissioner Kathleen Abernathy will give a luncheon address. See, notice and registration page. Location: AEI, 12th Floor, 1150 17th Street, NW.

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

9:30 AM - 12:00 NOON. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare for CITEL Steering Group Meetings. See, notice in the Federal Register, May 7, 2004, Vol. 69, No. 89, at Page 25654. Location: undisclosed.

TIME CHANGE. 10:30 AM - 12:00 NOON. The American Enterprise Institute (AEI) will host an event titled "Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy". The speakers will be Timothy Muris (Chairman of the Federal Trade Commission), Richard Epstein (University of Chicago), and Michael Greve (AEI). See, notice and registration page. Location: AEI, 12th floor, 1150 17th St., NW.

10:30 AM - 12:30 PM. The House Science Committee will hold a hearing on HR 4218, the "High-Performance Computing Revitalization Act of 2004". The hearing will be webcast by the Committee. Location: Room 2318, Rayburn Building.

12:00 NOON - 2:00 PM. The DC Bar Association's Corporation Law Section and Emerging Business Committee will host a brown bag lunch. The topic will be "Technology Contracts -- How To Make Sure The Contract Reflects The Deal". The speakers will be Behnam Dayanim and Mark Poerio of the law firm of Paul Hastings. Prices vary. See, notice. Location: D.C. Bar Conference Center, B-1 Level, 1250 H Street, NW.

12:00 NOON. The Heritage Foundation will host a panel discussion titled "Broadband by 2007: A Look at the President's Internet Initiative". The speakers will be John Kneuer (National Telecommunications and Information Administration), Harold Furchtgott-Roth (former FCC Commissioner), David McIntosh (law firm of Mayer Brown Rowe & Maw), Peter Pitsch (Director of Communications Policy at Intel), James Gattuso (Heritage). Refreshments will be served. See, notice. RSVP to 202 675-1761. Location: Heritage, 214 Massachusetts Ave., NE.

12:00 NOON. The Congressional Internet Caucus Advisory Committee will host a panel discussion titled "Wi-Fi Versus Sci-Fi: Realities, Barriers, Boundaries". Lunch will be served. RSVP to rsvp@netcaucus.org or 202 638-4370. Location: Room HC-5, Capitol Building.

12:15 - 1:30 PM. The DC Bar Association's International Law Section and the Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch titled "International Trade Issues In Telecommunications Services". The speakers will be Jonathan McHale (Office of the U.S. Trade Representative), Kenneth Schagrin (Office of the USTR), Claire Blue (International Bureau, Federal Communications Commission), Laura Sherman, Troy Tanner (Swidler Berlin), and Lisa Choi (FCC International Bureau). Prices vary. See, notice. For more information, contact 202 626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H Street, NW.

2:00 PM. The House Judiciary Committee's Subcommittee on Commercial and Administrative Law will hold a hearing on HR 3220, the "Business Activity Tax Simplification Act of 2003", sponsored by Rep. Bob Goodlatte (R-VA), Rep. Rick Boucher (D-VA), and others. See, story titled "Reps. Goodlatte and Boucher Introduce Bill to Limit Business Activity Taxes" in TLJ Daily E-Mail Alert No. 753, October 6, 2003. The hearing will be webcast by the Committee. Location: Room 2141, Rayburn Building.

Friday, May 14

9:00 - 10:30 AM. The Progressive Policy Institute (PPI) will host a lecture by Michael Mandel of Business Week magazine, regarding how technology advances drive economic growth. Robert Atkinson, Director of the PPI's Technology and New Economy Project, will moderate. Breakfast will be served. RSVP to 202 547-0001 or PPIEvents@dlcppi.org. Location: PPI, 600 Pennsylvania Ave., SE, Suite 400.

Day one of a three day conference hosted by American University titled "Critical Infrastructure Information" See, notice. American University, Ward Circle, intersection of Massachusetts and Nebraska Avenues, NW.

About Tech Law Journal
Tech Law Journal publishes a free access web site and subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year. However, there are discounts for subscribers with multiple recipients. Free one month trial subscriptions are available. Also, free subscriptions are available for journalists, federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until one month after writing. See, subscription information page.

Contact: 202-364-8882; E-mail.
P.O. Box 4851, Washington DC, 20008.
Privacy Policy
Notices & Disclaimers
Copyright 1998 - 2004 David Carney, dba Tech Law Journal. All rights reserved.