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May 11, 2004, 9:00 AM ET, Alert No. 895.
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Bush Nominates Griffith for DC Circuit

5/10. President Bush nominated Thomas Griffith to be a Judge of the U.S. Court of Appeals (DCCir). See, White House release.

The District of Columbia Circuit is particularly important for technology and communications law for several reasons. First, it hears most of the petitions for review of orders of the Federal Communications Commission (FCC), such as the FCC's recent triennial review order. It also hears petitions for review of orders of other agencies, such as the Federal Trade Commission (FTC).

Also, the DC Circuit hears some appeals in major antitrust cases, such as the government antitrust action against Microsoft. Finally, a disproportionate number of Supreme Court nominees in recent decades were DC Circuit judges at the time of their nominations.

The online directory for Brigham Young University (BYU), in Provo, Utah, currently lists Griffith as its Assistant to the President and General Counsel. This directory lists addresses for Griffith in both Provo, Utah and McLean, Virginia.

Previously, he worked as legal counsel for the Senate from 1995 through 1999, and for the Washington DC law firm of Wiley Rein & Fielding.

The Senate has not acted on most of President Bush's nominations for the DC Circuit. For example, Bush nominated Miguel Estrada in May of 2001. Estrada withdrew his name from consideration in September of 2003, after the Senate Democrats delayed consideration of his nomination for over two years. Also, Bush nominated Brett Kavanaugh and Janice Brown in July of 2003. Both of these nominations are still pending.

Griffith has an undergraduate degree from BYU, and a law degree from the University of Virginia law school.

He also has a significant supporter in the Senate -- Sen. Orrin Hatch (R-UT), the Chairman of the Senate Judiciary Committee.

The Federalist Society's practice group on federalism and separation of powers lists him as a Senior Advisor.

See also, prepared testimony of Griffith for the House Judiciary Committee's Subcommittee on Commercial and Administrative Law on October 28, 1999 regarding executive orders.

Greenspan Addresses Information Technology and Globalization

5/6. Federal Reserve Board (FRB) Chairman Alan Greenspan gave a speech in Chicago, Illinois titled "Globalization and innovation".

He first gave a long discourse on the causes, nature and consequences of increased globalization, which he defined simply as "the extension of the division of labor and specialization beyond national borders". Then, he commented on technology and innovation, and their effect upon globalization.

He said that "Augmenting the dramatic effect of increased globalization on economic growth, and perhaps at some times, fostering it, have been the remarkable technological advances of recent decades. In particular, information and communication technologies have propelled the processing and transmission of data and ideas to a level far beyond our capabilities of a decade or two ago."

He continued that "The advent of real-time information systems has enabled managers to organize a workforce without the redundancy required in earlier decades to ensure against the type of human error that technology has now made far less prevalent. Real-time information, by eliminating much human intervention, has markedly reduced scrappage rates on production lines, lead times on purchases, and errors in all forms of recordkeeping. Much data transfer is now electronic and far more accurate than possible in earlier times."

He also commented that "The long-term path of technology and growth is difficult to discern. Indeed, innovation, by definition, is not forecastable. Nonetheless, the overall pace of productivity growth that has recently been near 5 percent at an annual rate is highly likely to slow because we have rarely exceeded 3 percent for any protracted period. In the United States, we have always employed technologies at, or close to, the cutting edge, and we have created much of our innovative technologies ourselves. The opportunities of many developing economies to borrow innovation is not readily available to us. Thus, even though the longer-term prospects for innovation and respectable productivity growth are encouraging, some near-term slowing in the pace of advance to a rate closer to productivity's long-term average seems likely."

FRB Governor Olson Addresses Use of Information Technology in Banking

5/6. Federal Reserve Board (FRB) Governor Mark Olson gave a speech in Chicago, Illinois titled "The Competitive Edge of Community Banks". One of the topics that he covered was the use of information technology in the banking sector.

Mark Olson

Olson (at right) stated one of the competitive factors favoring banks "has been the use of technology. Banks were among the first businesses to migrate toward mass storage and processing of data, in part because this information was needed to meet regulatory and other requirements, for example, the loans to one borrower rule."

"Analysis and collection of this data has supported many important management and risk-management initiatives at banks, including the development and refinement of internal credit rating systems", said Olson.

"Further investment in information technology capabilities may tap into other uses of this information to enhance the function and performance of commercial banks, including community banks, especially in the context of the Gramm-Leach-Bliley Act. Though community banks cannot invest as heavily in technology as large banks, the ever increasing efficiency of technology also works to the benefit of community banks. Newly chartered start-up banks are able to provide real-time online banking services to customers and operate general ledger systems that provide a full range of financial reporting and product support systems either through in-house technology or through outside vendors", said Olson.

Both Olson and Greenspan spoke at the Conference on Bank Structure and Competition that was sponsored by the Federal Reserve Bank of Chicago. (See, story titled "Greenspan Addresses Information Technology and Globalization", in this issue.)

PFF Releases Papers on Compulsory Licensing

5/6. The Progress and Freedom Foundation's (PFF) IPCentral Review published three papers on a compulsory licensing system as an alternative to the copyright protection system, primarily for the music recording industry.

Stanley Liebowitz, a professor at the University of Texas at Dallas, wrote the lead paper titled "Alternative Copyright Systems: the Problem with Compulsory Licenses". He is skeptical of compulsory licensing.

He wrote that "many academics in the copyright and Internet communities have argued that an alternative to the current copyright regime is in order. The proposals that have been offered are often subsumed under the rubric of a 'compulsory license'. Proponents of this suggestion generally emphasize several of its positive characteristics -- it appears to have relatively low administrative costs, it decriminalizes behavior that has become widespread, it might lead to greater production, and it offers to artists a potentially large payday, thus providing continued or increased incentive for artistic creation."

Liebowitz continued that "the basic idea is that a pool of money would be generated in a secondary market (presumably related to MP3s) and transferred to copyright owners. We are talking here about taxes on ancillary products, such as blank CDs, CD writers, ISPs, stereo equipment, and so forth. Although some commentators see a compulsory license as a supplement to the current copyright system, it is also viewed, particularly by its more passionate advocates, as a complete replacement of traditional copyright, at least for recorded music."

He argued that "the defects of such a system have not been sufficiently examined. Although the current system is obviously imperfect, as any system must be, it is unlikely that a compulsory license would meet even the modest goals of a net positive impact, to say nothing of the claims of virtual perfection that have been attributed to it."

The gist of one of his concerns is that government planners who would set prices do not have access to the information that would be aggregated by a free market.

He wrote that "A compulsory license system throws out the markers, the lighthouses if you will, that can help guide the prices in these markets. A compulsory license regime requires that prices and revenues be set in some arbitrary manner. Setting prices and revenues are the very questions that any economic system answers by its choice of rules. The evidence of the last century has led almost all commentators to agree that markets are superior at allowing consumers to determine which goods producers produce, how much is produced, and at providing incentives for quality improvements, compared to command and control methods."

He also wrote that "We also need to consider other proposals, such as enhanced copy protection, known as digital rights management."

The second paper, titled "Copyrighted Works as Public Goods", by Michael Abramowicz, a law professor at George Mason University, comments on Liebowitz's paper. He too is skeptical of compulsory licensing. But, he concludes that "a governmental program that complements the existing copyright system by encouraging the placement of certain works in the public domain deserves study".

The third paper, titled "Why Be Creative? Motivation and Copyright Law in a Digital Era", was written by Katherine Lawrence, a graduate student at the University of Michigan.

New Bills

5/4. Sen. Daniel Inouye (D-HI) introduced S 2382, the "Native American Connectivity Act". The bill states that one of its purposes is "to promote affordable and universal access among Indian tribal governments, tribal entities, and Indian households to telecommunications and information technology in Indian country". It would create at the Department of Commerce's National Telecommunications and Information Administration (NTIA) a telecommunications block grant program, and authorize the appropriation of $20,000,000 per year. The bill was referred to the Senate Committee on Indian Affairs.

4/30. Rep. Jay Inslee (D-WA) introduced HR 4255, the "Computer Software Privacy and Control Act". This bill provide that, unless consent of the user is obtained, "It is unlawful for any person knowingly to transmit to a protected computer owned or operated by another person, or transmit to a protected computer prior to the first retail sale of such computer, any computer software, or any component thereof, that -- (1) collects personal information about an owner or operator of that protected computer and transfers such information to any person other than such owner or operator; (2) monitors or analyzes the content of the Internet web pages accessed by an owner or operator of such computer and transfers information regarding the accessing of such web pages to any person other than such owner or operator; or (3) modifies default computer settings or computer settings previously selected by the owner or operator of that computer" regarding the browser's default home page, the internet connection settings if such changes would result in charges, internet search services, or files and data stored on the computer. This bill would give the Federal Trade Commission (FTC) and states civil enforcement authority. It would also amend the criminal code, at 18 U.S.C. § 1030, regarding computer fraud. The bill was referred to the House Commerce Committee.

4/28. Rep. Mark Green (R-WI), Rep. Phil English (R-PA), and Rep. Cass Ballenger (R-NC) introduced HRes 609. This resolution states that it is the sense of the House that if,
  "(1) nationals of a foreign country are violating copyrights, patents, or trademarks of persons under the laws of the United States, and
  (2) the government of that foreign country is not using its best efforts to end such violations, to respect those copyrights, patents, and trademarks, and to enforce internationally recognized laws and rules relating to intellectual property,
  then the United States Government should take steps to prohibit the importation of products or services of those nationals until the executive branch can certify to the Congress that those foreign nationals have ceased violating the copyrights, patents, and trademarks of persons under the laws of the United States, and that foreign country is using its best efforts to end such violations, to respect those copyrights, patents, and trademarks, and to enforce internationally recognized laws and rules relating to intellectual property."
This resolution was referred to the House Ways and Means Committee.

More News

5/10. Secretary of Homeland Security Tom Ridge met with European Union Commissioner Of Justice and Home Affairs Antonio Vitorino. Afterwards, the two spoke to reporters. Ridge stated that "We had a good discussion about the need to share advance passenger information data so that we can protect our skies and keep terrorists off commercial airliners and away from our borders. We share a common interest in making this vital information available in a manner that will help us protect our citizens while, at the same time, maintaining the privacy of that information of these travelers." Vitorino stated that "the European Union is committed to introduce biometric features in their visa, in their residence permits for third country nationals who live in the territory of the member states. We are determined to introduce biometric features in our own -- in the European citizens' passports." See, transcript.

5/6. On May 6 the Federal Trade Commission (FTC) announced that it settled its civil action in U.S. District Court (NDIll) against Brian Westby and others in which it alleged deceptive trade practices in violation of Section 5 of the Federal Trade Commission Act (FTCA), codified at 15 U.S.C. § 45, in connection with the sending of spam e-mail that spoofed the return e-mail addresses of others, contained false information in subject lines, and contained false removal information. See, Stipulated Final Judgment and Order for Permanent Injunction [12 pages in PDF], which was signed by the Court on March 4, 2004. See also, September 18, 2003 amended complaint [8 pages in PDF] and FTC release.

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Washington Tech Calendar
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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.

The Senate will meet at 9:45 AM. It will continue its consideration of S 1637, the FSC/ETI bill.

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. See, agenda [PDF]. 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. See, agenda [PDF]. 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 House Judiciary Committee will meet to mark up various bills and resolutions held over from the Committee's meeting of May 5. The agenda still includes 12 items. The Committee is unlikely to complete this agenda in one meeting. The agenda includes HR 3754, the "Fraudulent Online Identity Sanctions Act", HR 1731, the "Identity Theft Penalty Enhancement Act", S 1301, the "Video Voyeurism Prevention Act of 2003", HR 3632 the "Anti-counterfeiting Amendments of 2003", and HR 338  the "Defense of Privacy Act". The meeting will be webcast by the Committee. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn 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.

TIME CHANGE. 2:00 PM. 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.

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. Mandel will discuss his new book, titled "Rational Exuberance: Silencing the Enemies of Growth and Why the Future is Better Than You Think". 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.

Saturday, May 15

Day two 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.

Extended deadline to submit applications to the Department of Homeland Security's (DHS) Privacy Office to be considered for membership on the Data Integrity, Privacy, and Interoperability Advisory Committee. See, notice in the Federal Register, May 3, 2004, Vol. 69, No. 85, at Page 24178.

Sunday, May 16

Day two 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.

Monday, May 17

The Supreme Court will return from the recess that it began on May 3.

9:30 AM. The U.S. Court Appeals (DCCir) will hear oral argument in PanAmSat v. FCC, No. 03-1133. Judges Edwards, Sentelle and Rogers will preside. Location: Prettyman Courthouse, 333 Constitution Ave.

12:15 PM. The Federal Communications Bar Association's (FCBA) Online Committee will host a brown bag lunch. The speaker will be Hillary Brill, legislative assistant to Rep. Rick Boucher (D-VA). RSVP to Evelyn Opany at 202 689-7163. Location: Piper Rudnick, 1200 19th Street, NW, Suite 700.

Day one of a three day conference of the American Cable Association. See, notice. Location: Wyndham Hotel.

Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding the complaint that the USTR submitted to the World Trade Organization (WTO) regarding the PR China's value added tax on integrated circuits. See, story titled "US Complains to WTO About PR China's Tax Preference for Domestic Producers of Integrated Circuits" in TLJ Daily E-Mail Alert No. 859, March 19, 2004. See also, notice in the Federal Register (April 21, 2004, Vol. 69, No. 77, at Pages 21593 - 21594) requesting comments.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding unwanted mobile service commercial messages and the CAN-SPAM Act. This is CG Docket No. 04-53. See, notice in the Federal Register, March 31, 2004, Vol. 69, No. 62, at Pages 16873 - 16886.