6/9. The Federal Communications Commission (FCC) stated in a release [PDF] that "The Office of the Solicitor General has informed the Commission that it has decided not to appeal the D.C. Circuit decision vacating the Commission's local telephone unbundling rules."

The Solicitor General (SG) is Ted Olson (at right).

In addition, FCC Commissioner Kevin Martin released a brief statement: "The Solicitor General has decided not to appeal the D.C. Circuit decision eliminating the Commission's rules requiring incumbent telephone carriers to open their voice networks to competition. Because the Solicitor General decided not to support the FCC's appeal, I no longer support appealing the D.C. Circuit's decision."

Finally, the acting administrator of the National Telecommunications and Information Administration (NTIA), Michael Gallagher, issued a statement in which he announced that the SG's decision is "Consistent with the Administration's views".

To the extent that the views of the SG influence the decisions of the Supreme Court Justices regarding whether or not to vote to grant a petition for writ of certiorari, this SG announcement diminishes the likelihood that the Supreme Court will grant certiorari in this case.

TRO and USTA II. On August 21, 2003, the FCC released its triennial review order [576 pages in PDF], which addresses the unbundling requirements of incumbent local exchange carriers (ILECs) under 47 U.S.C. § 251.

On March 2, 2004, the U.S. Court of Appeals (DCCir) issued its opinion [62 pages in PDF] in USTA v. FCC overturning key provisions of the FCC's triennial review order. This case is also known as USTA II.

The Appeals Court wrote that "We therefore vacate, as an unlawful subdelegation of the Commission's § 251(d)(2) responsibilities, those portions of the Order that delegate to state commissions the authority to determine whether CLECs are impaired without access to network elements, and in particular we vacate the Commission’s scheme for subdelegating mass market switching determinations." See also, story titled "Appeals Court Overturns Key Provisions of FCC Triennial Review Order" in TLJ Daily E-Mail Alert No. 848, March 3, 2004.

Competitive local exchange carriers (CLECs), and other parties to the proceeding, may still obtain a writ of certiorari from the Supreme Court, without the support of the SG or FCC.

FCC Reaction. On March 2, FCC Commissioners Martin, Michael Copps, and Jonathan Adelstein issued a joint statement [PDF] in which they wrote that "We have instructed our General Counsel to seek a stay and to appeal the D.C. Circuit decision to the Supreme Court". One consequence of Martin's shift is that there is no longer a three member majority at the FCC in support of seeking Supreme Court review.

Commissioners Martin, Copps and Adelstein formed the three member majority for the portions of the TRO dealing with local telephone unbundling rules. Michael Powell and Kathleen Abernathy dissented.

Commissioner Michael Copps, who now finds himself in the minority, issued a brief statement. "I regret that the Solicitor General has decided not to appeal to the Supreme Court. The lower court decision drastically limits competition in telecommunications markets. The result of the executive branch sitting this one out is that higher consumer prices and fewer choices are more likely. The people who pay America’s phone bills deserve better."

Bush Administration. The NTIA's Gallagher released a statement after the SG made his decision known. He stated that the SG's decision is "Consistent with the Administration's views".

He wrote that "Over the last 10 weeks, the telecommunications industry has participated in an historic effort to use commercial negotiations to end 8 years of regulatory and legal stalemate. Although the largest telecommunications players have not been able to find common ground, nine agreements have been reached, including the significant accord between Qwest and MCI. The Administration has supported these negotiations as the best way to achieve a higher degree of market-based competition within the telecommunications industry."

Gallagher (at left) continued that "Consistent with the Administration's views, the Solicitor General will not support a Supreme Court review of the DC Circuit’s decision in USTA v FCC. The decision not to support a Supreme Court review is a step toward creating greater regulatory certainty while bringing competition and choice to American consumers. In an era of rapidly changing new technologies like mobile wireless, high-speed fiber optics, and expanded broadband deployment, policy should favor customer choice. Speeding the development of clear national rules will help create regulatory stability in the telecommunications sector that will promote both competition and investment."

He concluded that "In the event that the Supreme Court does not grant a stay or Writ of Certiorari, the Administration will urge the Federal Communications Commission to rapidly develop appropriate interim rules that will protect consumers and continue to ensure competitive access to the local telephone network. During the time that these interim rules are in place, the Administration will encourage the FCC to develop final national ground rules that appropriately continue competition and are sustainable in the courts. The Administration will also continue to support negotiated commercial agreements and will continue to urge all parties to negotiate commercial agreements in good faith."

Gallagher has been nominated by the President to run the NTIA, which has the statutory responsibility of representing the position of the administration on telecommunications issues.

While the Solicitor General is also an appointee of the President, and Presidents generally appoint SGs who share their views on major legal issues, Presidents rarely communicate their positions on specific cases directly to a sitting Solicitor General. Determinations of the SG are usually not characterized as administration positions.

Notably, Gallagher made his public statement after the SG announced his decision. If the SG made his decision after receiving a request or instruction from the NTIA or the Executive Office of the President (EOP), neither the SG, NTIA nor EOP has issued a public statement disclosing this.

CLECs. CLECs are disappointed by the SG's decision.

Russell Frisby, the CEO of CompTel/ASCENT, stated in a release that "CompTel/ASCENT is disappointed that the Solicitor General did not seek Supreme Court review of the D.C. Circuit’s ruling in the Triennial Review Order appeal. We believe the Solicitor General’s decision is wrong, since it is contrary to the law and the public interest. However, based strictly on its merits, we believe that the high court will have no other choice but to consider this appeal."

MCI WorldCom's Stasia Kelly stated in a release that "MCI is disappointed that the Solicitor General declined to ask the U.S. Supreme Court to stay a lower court decision overturning the FCC's Triennial Review local competition rules. If the FCC's rules are allowed to lapse and wholesale rates rise MCI may be forced to raise prices in some markets and pull out of others."

Sprint also issued a release in which it stated that "Sprint is disappointed in the decision by the U.S. Solicitor General against seeking Supreme Court review of the U.S. Court of Appeals decision on Unbundled Network Elements. This is bad news for consumers, who will soon see some phone service prices go up. It is also bad news for the telecommunications industry, which will face continued investment uncertainty and an immediate splash of cold water on the local phone competition that was spurred by the Federal Communications Commission's UNE rules."

ILECs. ILECs are pleased with the SG's decision.

Walter McCormick, P/CEO of the U.S. Telecom Association (USTA), stated in a release that "This is bold leadership from the Administration on American jobs, investment and economic growth. The Administration had a clear choice: Continue down a path of extreme government intervention in a competitive marketplace or embrace the free-market principles that make our economy strong. It chose the forward-looking path.  From the nation’s broadband competitiveness to the choices, services and value available to us all, this decision will have a far-reaching, positive impact on our economy, on consumer choice and on American innovation."

Tom Tauke, EVP of Verizon, also asserted in a release that the SG's decision represents an administration position. He wrote that "We applaud the Bush Administration for making a tough call today, but one that will bring the benefits to consumers of stepped-up investment in advanced telecommunications networks by competing providers. When faced with a choice between reliance on market forces and government mandates, the administration has placed its faith in market forces. Verizon looks forward to working with the administration, the FCC and the industry to launch a new era in telecommunications and reassert our leadership in the world."

Gary Lytle of Qwest stated in a release that "we are pleased that the Solicitor General has decided not to participate in this matter. Qwest, through its historic wholesale services agreement with MCI, has demonstrated that commercially-negotiated relationships are not only possible, but preferable to further litigation and uncertainty. We will continue to negotiate with any and all wholesale customers in an effort to reach similar agreements." He added that "The D.C. Circuit‘s decision in March, and its denial of a stay, are correct and legally sound. Any appeal or request for a stay should be denied by the Supreme Court, just as it was by the Solicitor General of the United States."

Herschel Abbott of BellSouth stated in a release that "This decision by the Solicitor General moves us toward a free-market that will bring true competition as well as hastening delivery of new products and services to the American people."

State Commissions. The DC Circuit's opinion in USTA II overturned provisions of the TRO that delegated authority to state public utilities commissions. Many members of state public utilities commissions supported these provisions of the TRO.

However, some, such as members of the Federation for Economically Rational Utility Policy (FERUP), a coalition of state regulators that favor market oriented approaches, opposed these provisions.

Charles Davidson of Florida commission stated in a FERUP release that "today's decision by the Solicitor General is great news. The Administration has demonstrated a preference for the FCC to get to the business of providing clear guidance to the industry and of developing a set of sustainable rules. The FCC has made very substantial progress in the past few weeks in facilitating meaningful negotiations and good-faith settlement proposals from the RBOCs, AT&T, MCI and others. I am hopeful that the FCC will continue to focus on the ‘fix’.”

Similarly, Greg Sopkin, Chairman of the Colorado commission, stated in the same FERUP release that "I greatly commend the Solicitor General for favoring the path of voluntary commercial agreements over protracted litigation and regulatory diktat ... The removal of legal uncertainty is welcome news for consumers and telecommunications investment.  The recent agreement struck by Quest and MCI shows that the market can work, if only the parties and regulators let it."

Congressional Reaction. Rep. Joe Barton (R-TX), the Chairman of the House Commerce Committee, and Rep. Fred Upton (R-MI), the Chairman of the Subcommittee on Telecommunications and the Internet, issued a joint release in which they stated that "We are delighted that the Solicitor General has decided not to appeal the D.C. Circuit's decision that struck down parts of the FCC's Triennial Review Order, or to ask the Supreme Court to stay the decision pending appeals from other parties. This is the right decision to facilitate new investment in the telecommunications sector that can help continue the economic growth that we have witnessed so far this year."

They added that "We again applaud the parties that have already reached commercial agreements governing competitive carriers' access to incumbent local exchange facilities, and encourage all parties to return to the negotiating table to complete further agreements. And we strongly urge the FCC commissioners to immediately promulgate interim access rules that will apply to carriers that are not able to negotiate commercial agreements."

In contrast, Rep. Ed Markey (D-MA), the ranking Democrat on the Subcommittee on Telecommunications and the Internet wrote in a release that "Siding yet again with large corporate behemoths over the interests of millions of consumers, the Administration today endorsed a faith-based approach to breaking down monopolies and fostering entrepreneurial investment and consumer choice." He added that "The Bush Administration’s decision not to defend the FCC’s telephone competition rules is contrary to precedent and is anti-consumer and anti-investor."

Also, Sen. Ernest Hollings (D-SC), the ranking Democrat on the Senate Commerce Committee, stated in a release that "Unfortunately, today's announcement shows this Administration's willingness to put the wishes of four large campaign contributors ahead of the interests of 57 million consumers. It is bad policy, bad law, and bad news for all Americans who believe in the value of competitive choices. By siding with the Bell monopolies, this Administration has sentenced Americans to higher phone prices, fewer innovative services and has hung the competitive telephone industry out to dry."

He added that "While I hope that the Supreme Court will see through this political ruse, I am confident consumers in Ohio, Florida, Missouri, Illinois, Michigan, California, and other states will remember in November that when Americans called for help, the Bush Administration hung up."

6/9. The Electronic Privacy Information Center (EPIC) filed a complaint [16 pages in PDF] in U.S. District Court (DC) against the Department of Homeland Security (DHS), the Transportation Security Administration (TSA), and the Department of Justice (DOJ) alleging violation of the Freedom of Information Act (FOIA), which is codified at 5 U.S.C. § 552, and seeking expedited processing and release of records of the TSA and Federal Bureau of Investigation (FBI).

The EPIC has submitted several requests for records, pursuant to the FOIA, to the TSA and the FBI regarding these agencies' efforts to obtain airline passenger records, and their use of those records. The TSA is now a component of recently created DHS. The FBI is a component of the DOJ.

The complaint alleges failure to process these requests for records, and failure to grant requests for expedited processing of these requests for records.

The EPIC seeks the records to obtain information that may be relevant to the public policy debates surrounding the TSA's implementation of the CAPPS II program.

CAPPS II. CAPPS II is a forthcoming TSA program that will use computer databased information to assist in identifying high risk airline passengers for additional screening. The EPIC is pursuing these records because of its privacy concerns about the computer databasing of personal information by the government.

CAPPS is an acronym for Computer Assisted Passenger Prescreening System. Before the terrorist attacks of September 11, 2001, the airlines conducted passenger screening, and administered the CAPPS I, subject to federal guidelines. In late 2001, the Congress passed the Aviation and Transportation Security Act, which created the Transportation Security Administration (TSA) as a unit of the Department of Transportation (DOT). This Act gave the TSA responsibility for airport passenger screening. In late 2002, the Congress passed the Homeland Security Act, which, among other things, created the Department of Homeland Security (DHS), and transferred the TSA from the DOT to the new DHS.

The new CAPPS II, the next generation passenger screening system, will be a government (TSA) run system that replaces CAPPS I.

The DHS submitted prepared testimony at a Senate Commerce Committee hearing on November 5, 2003. This states that "CAPPS II is yet another layer in our system of systems to address a continuum of security threats with minimal impact on airline customers and operations. CAPPS II is intended to identify terrorists and other high-risk individuals before they board commercial airplanes. CAPPS II will conduct a risk assessment of each passenger using national security information and information provided by passengers during the reservation process -- including name, date of birth, home address and home phone number, and provide a ``risk score´´ to TSA. The ``risk score´´ includes an ``authentication score´´ provided by running passenger name record (PNR) data against commercial databases to indicate a confidence level in each passenger’s identity. CAPPS II will be a threat-based system under the direct control of the Federal Government and will represent a major improvement over the decentralized, airline-controlled system currently in place."

See also, story titled "Senate Commerce Committee Holds Hearing on Aviation Security & CAPPS II" in TLJ Daily E-Mail Alert No. 773, November 6, 2003.

In addition, James Loy described and discussed the CAPPS II program in prepared testimony before the Senate Commerce Committee on September 9, 2003. At that time, he was the Administrator of the TSA. He is now Deputy Secretary of Homeland Security. See also, story titled "Senate Commerce Committee Holds Hearing on Transportation Security" in TLJ Daily E-Mail Alert No. 736, September 10, 2003.

For a more detailed description of the CAPPS II program, see the DHS's second Privacy Act notice, published in the Federal Register, August 1, 2003, Vol. 68, No. 148, at Pages 45265 - 45269.

Congressional Restrictions on CAPPS II. October 1, 2003. President Bush signed HR 2555, the "Department of Homeland Security Appropriations Act, 2004." The bill contains language prohibiting the use of funds for the CAPPS II program until the General Accounting Office (GAO), which is an arm of the Congress, issues a report to the appropriations committees of the Congress in which it finds that the CAPPS II program meets certain specified criteria set out in the bill.

However, while this language is in the bill, and the President signed the bill, the President wrote in a separate signing statement that this language is ineffective under the Supreme Court's opinion in INS v. Chadha. Bush wrote that while the language is mandatory, he will construe it as merely advisory. See, stories titled "Bush Signs Homeland Security Appropriations Bill", "TSA Receives Comments In CAPPS II Privacy Proceeding", and "Homeland Security Appropriations Bill Purports to Restrict Use of Funds for CAPPS II" in TLJ Daily E-Mail Alert No. 751, October 2, 2003.

Also, the GAO issued a report in February, finding that the TSA has not met the criteria set out in the bill. See, story titled "GAO Report Finds CAPPS II Fails to Meet Congressional Criteria" in TLJ Daily E-Mail Alert No. 836, February 13, 2004.

JetBlue Airways. The EPIC seeks records pertaining to, among other things, JetBlue Airways Corporation, which has disclosed passenger record information to the government and contractors.

The EPIC has requested records pertaining to JetBlue, Acxiom Corporation, Torch Concepts, Inc., and SRS Technologies.

On September 22, 2003, the EPIC submitted a complaint to the Federal Trade Commission (FTC) in which it alleged that JetBlue and Acxiom Corporation violated Section 5 of the Federal Trade Commission Act (FTCA), codified at 15 U.S.C. § 45(a)(1), in connection with the disclosure of consumer personal information to Torch Concepts Inc. See, story titled "EPIC Submits Privacy Complaint To FTC Regarding JetBlue" in TLJ Daily E-Mail Alert No. 744, September 23, 2003. See also, story titled "DHS Finds No Privacy Act Violation In Connection With JetBlue Transfer of Passenger Data" in TLJ Daily E-Mail Alert No. 841, February 23, 2004.

American Airlines. The EPIC also seeks records pertaining to American Airlines and Airline Automation Inc. See, story titled "American Airlines Gave Passenger Data to TSA and Others" in TLJ Daily E-Mail Alert No. 874, April 12, 2004.

The complaint was signed by Marcia Hoffman, David Sobel, and Marc Rotenberg of the EPIC.

This is not the EPIC's first FOIA lawsuit pertaining to CAPPS II. See, story titled "EPIC Files FOIA Suit For CAPPS II Records" in TLJ Daily E-Mail Alert No. 733, September 5, 2003; and "TSA and EPIC Reach Agreement Regarding Production of Documents Regarding CAPPS II" in TLJ Daily E-Mail Alert No. 734, September 8, 2003.

6/9. The Federal Communications Commission (FCC) announced that it has deleted one item from the agenda for its meeting of Thursday, June 10. It will not consider an order on reconsideration regarding requests from BellSouth and Sure West to reconsider and/or clarify the unbundling obligations, under 47 U.S.C. § 251, of incumbent local exchange carriers (ILECs) relating to multiple dwelling units and the network modification rules.

See, FCC release. This is CC Docket No. 01-338, CC Docket No. 96-98, and CC Docket No. 98-147.

Perhaps the most anticipated item remains in the agenda -- the item pertaining to the 2500-2690 MHz Band and ITFS/MDS. The FCC will consider a RO and further NPRM regarding the eligibility, licensing and service rules for the 2500-2690 MHz band. This band is currently used by Instructional Television Fixed Service (ITFS), Multipoint Distribution Service (MDS), and Multichannel Multipoint Distribution Service (MMDS). See also, FCC web page titled "ITFS & MDS Radio Services".

The meeting will be held at 9:30 AM at the FCC, 445 12th Street, SW, in Room TW-C05, the Commission Meeting Room. The meeting is open to the public, and will be webcast by the FCC.

The House will not meet.

The Senate will not meet.

Day one of a two day conference titled "SecurE-biz.net Security Summit". At 8:30 AM, Amit Yoran, the Director of the Department of Homeland Security's (DHS) National Cyber Security Division, will speak. Prices to attend vary. For more information, contact John Weiler at 703 768-0400 or john@ICHnet.org. Location: Marriott Metro Center, 775 12th St., NW.

The Department of Commerce (DOC) will host a one day event titled "International Travel to the U.S.: Dialogue on the Current State of Play". See, agenda. Location: DOC, Main Auditorium, 1401 Constitution Ave., NW.

9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. See, agenda [PDF] and story titled "FCC Announces Agenda for June 10 Meeting" in TLJ Daily E-Mail Alert No. 911, June 4, 2004. The event will be webcast. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

RESCHEDULED FOR JUNE 14 AT 5:00 PM. 10:00 AM. The House Ways and Means Committee will meet to mark up HR 4520, the "American Jobs Creation Act of 2004". This bill would, among other things, replace the ETI/FSC tax regimes. Press contact: 202-225-8933. Location: Room 1100, Longworth Building.

RESCHEDULED FOR JUNE 15. 10:00 AM. The Senate Banking Committee will hold a hearing on the nomination of Alan Greenspan to be Chairman of the Federal Reserve Board. See, notice. Location: undisclosed.

CANCELLED. 11:30 AM. The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property will hold a hearing titled "Internet Streaming of Radio Broadcasts: Balancing the Interests of Sound Recording Copyright Owners with Those of Broadcasters".

POSTPONED. 12:00 NOON - 1:30 PM. The Congressional Internet Caucus Advisory Committee will host a luncheon titled "The DMCA Revisited: What's Fair?" RSVP to rsvp@netcaucus.org or 202 638-4370. See, notice. Location: Room HC-5, Capitol Building.

12:15 PM. The DC Bar Association and the Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch. The topic will be "The Nuts and Bolts of Transfers of Control at the FCC". The speakers will be Neil Dellar (FCC's Office of the General Counsel), William Dever (Wireline Competition Bureau), William Freedman (Enforcement Bureau), Susan O'Connell (International Bureau), Royce Sherlock (Media Bureau), Jeff Tobias (Wireless Telecommunications Bureau), and Julie Veach (Wireline Competition Bureau). Prices vary. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St.

POSTPONED. 12:15 - 2:00 PM. The Forum on Technology & Innovation will host a luncheon titled "The Policy Implications of Open Source Software". Location: Room 106, Dirksen Building.

1:00 - 4:00 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "Market Shock and Trading Efficiency: A Comparison of Electronic and Non-Electronic Markets". The speakers will be Peter Wallison (AEI), Kenneth Lehn (University of Pittsburgh), Sukesh Patro (UPitt), Kuldeep Shastri (UPitt), Paul Bennett (New York Stock Exchange), Lawrence Harris (Securities and Exchange Commission), Frank Hatheway (Nasdaq), Mike Plunkett (Instinet), Benn Steil (Council on Foreign Relations). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

The House will not meet.

The Senate will not meet.

President Bush issued an Executive Order stating that "All executive departments, independent establishments, and other governmental agencies shall be closed on June 11, 2004, as a mark of respect for Ronald Reagan, the fortieth President of the United States." It adds that "this order shall not apply to those offices and installations, or parts thereof, in the Department of State, the Department of Defense, the Department of Justice, the Department of Homeland Security, or other departments, independent establishments, and governmental agencies that the heads thereof determine should remain open for reasons of national security or defense or other essential public business." See also, memorandum of the Office of Personnel Management (OPM). The Securities and Exchange Commission (SEC) added in a release that its "EDGAR filing system will not accept filings on Friday, June 11".

8:30 AM - 3:00 PM. George Mason University Law School (GMULS) will host a conference titled "The Law and Economics of Cyber Security". The speakers (and their affiliations and topics), include Bruce Kobayashi (GMULS, The Law & Economics of Cybersecurity), Yochai Benkler (Yale LS, Distributed Social Provisioning of Redundant Critical Infrastructures), Randy Picker (University of Chicago LS, Raising Transaction Costs and Network Security: Of Heterogeneity and Autarchy), Jack Goldsmith and Tim Wu (University of Virginia LS, Internet Jurisdiction over Crime and Terrorism). Joel Trachtman (Tufts LS, Global Cybersecurity, Jurisdiction, and International Organization), Amitai Aviram (Florida State University, A Paradox of Spontaneous Formation), Eric Posner and Doug Lichtman (University of Chicago LS, National versus International Regulation), and Neal Katyal (Georgetown LS, The Dark Side of Private Ordering for Cybersecurity). See, conference brochure [PDF]. Location: GMULS, 3301 North Fairfax Drive, Arlington, VA.

POSTPONED. 10:00 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing on HR __, the "Junk Fax Prevention Act of 2004". The hearing will be webcast. See, notice. Location: Room 2123, Rayburn Building.

Day one of a two day conference titled "SecurE-biz.net Security Summit". Prices to attend vary. For more information, contact John Weiler at 703 768-0400 or john@ICHnet.org. Location: Marriott Metro Center, 775 12th St., NW.

The House will meet at 12:30 PM.

The Senate will meet at 1:00 PM for morning business. It will then resume consideration of S 2400, the Department of Defense authorization bill for FY 2005.

The Supreme Court will return from a recess that it began on Monday, June 7, 2004.

2:00 - 5:00 PM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet. For more information, contact Jane Mago at 202 418-2030 or Maureen McLaughlin at 202 418-2030. See, FCC notice [PDF] and notice in the Federal Register, May 6, 2004, Vol. 69, No. 88, at Pages 25390 - 25391. Location: FCC, 445 12th Street, SW.

5:00 PM. The House Ways and Means Committee will meet to mark up HR 4520, the "American Jobs Creation Act of 2004". This bill would, among other things, replace the ETI/FSC tax regimes. Press contact: 202-225-8933. See, notice. Location: Room 1100, Longworth Building.

6:30 - 8:30 PM. The National Press Club will host an event titled "Cybersecurity: The Threat and the Response". The speakers will be Wilson Dizard (Senior Editor, Government Computer News), Bob Dix (House Government Reform Committee's Technology and Information Policy Subcommittee), Richard Forno, and Hun Kim (Department of Homeland Security's National Cyber Security Division). Prices vary. For more information, call 202 662-7129. Location: National Press Club, 529 14th St., NW.

6:30 - 8:30 PM. The DC Bar Association's Arts, Entertainment and Sports Law Section will host a panel discussion titled "D.C. Confidential: Does The First Amendment Protect A Journalist's Conversations With A Source? A Roundtable Debate". Prices vary. See, notice. For more information, contact 202 626-3463. Location: National Press Club, Holeman Lounge, 13th Floor, 529 14th Street, NW.

8:00 AM - 3:00 PM. The Information Technology Association of America (ITAA) will host a conference on radio frequency identification (RFID), titled "ITAA RFID Forum: Business and Policy Considerations". See, notice. Prices vary. For more information, contact Eerik Kreek at 703 284-5316 or ekreek@itaa.org. Location: J.W. Marriott Hotel.

8:30 AM - 5:00 PM. Day one of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board. See, notice in the Federal Register, May 28, 2004 Vol. 69, No. 104, at Page 30621. Location: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

10:00 AM. The House Financial Services Committee will meet to complete its mark up of HR 3574, the "Stock Option Accounting Reform Act". Location: Room 2128, Rayburn Building.

10:00 AM. The Senate Banking Committee will hold a hearing on the nomination of Alan Greenspan to be Chairman of the Federal Reserve Board. Greenspan will be the only witness. See, notice. Location: undisclosed.

10:00 AM. The Senate Finance Committee will hold a hearing to examine U.S. Australia and U.S. Morocco free trade agreements. Location: Room 215, Dirksen Building.

10:00 AM. The House Ways and Means Committee's Subcommittee on Social Security will hold a hearing titled "Enhancing Social Security Number Privacy". See, notice. Location: Room B-318, Rayburn Building.

10:00 AM. The Senate Judiciary Committee will hold a hearing to examine S 2324, the "Visa Waiver Program Compliance Amendments of 2004", a bill to extend the deadline on the use of technology standards for the passports of visa waiver participants. Location: Room 226, Dirksen Building.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) will host a continuing legal education (CLE) program titled "National Security Review of Telecommunications and Internet Transactions". This program will address both the review processes of the Federal Communications Commission (FCC) and the Committee on Foreign Investment in the U.S. (CFIUS). The speakers will include Patrick Kelly (Deputy General Counsel of the Federal Bureau of Investigation), Gay Sills (Director, Office of International Investment, Department of the Treasury), Jeanne Archibald (Hogan & Hartson), Kristen Verderame (BT Americas Inc.), and Joel Winnik (Hogan and Hartson). To register, contact Wendy Parish at wendy@fcba.org. Location: Hogan & Hartson, 555 13th Street, NW.

Deadline to submit comments to the Federal Trade Commission (FTC) in response to its notice of proposed rulemaking regarding the proper disposal of consumer report  information and records. See, notice in the Federal Register, April 20, 2004, Vol. 69, No. 76, at Pages 21387 - 21392.

Deadline to submit comments to the Federal Trade Commission (FTC) in response to its notice of proposed rulemaking regarding the identity theft provisions of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). See, notice in the Federal Register, April 28, 2004, Vol. 69, No. 82, at Pages 23369 - 23378.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding presubscribed interexchange carrier (PIC) change charge policies. This NPRM is FCC 04-96 in CC Docket No. 02-53. See, notice in the Federal Register, May 26, 2004, Vol. 69, No. 102, at Pages 29913 - 29917.

8:30 AM - 5:00 PM. Day two of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board. See, notice in the Federal Register, May 28, 2004 Vol. 69, No. 104, at Page 30621. Location: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

9:30 AM. The Senate Commerce Committee will hold a hearing on S 2281, the "VOIP Regulatory Freedom Act of 2004", sponsored by Sen. John Sununu (R-NH). Location: Room 253, Dirksen Building.

10:00 AM. The Senate Judiciary Committee will hold a hearing on several judicial nominees: Richard Griffin (to be a Judge of the U.S. Court of Appeals for the 6th Circuit), David McKeague (6th Circuit), Virginia Covington (Middle District of Florida). Location: Room 226, Dirksen Building.

10:30 AM. The House Ways and Means Committee will hold a hearing titled "Implementation of the U.S.-Australia Free Trade Agreement". See, notice. Press contact: 202 225-1721. Location: Room 1100, Longworth Building.

10:45 AM - 12:15 PM. The Business Software Alliance (BSA) will host an event titled "2004 Business Software Alliance CEO Forum Policy Roundtable". The speakers will be Robert Holleyman (BSA), James Glassman (AEI), Bruce Chizen (Adobe) David Krall (Avid), Greg Bentley (Bentley Systems), Dale Fuller (Borland), Bill Conner (Entrust), Dominique Goupil (Filemaker), Tom Noonan (Internet Security Systems), Steve Ballmer (Microsoft), George Samenuk (McAfee), Art Coviello (RSA Security), John McEleney (SolidWorks), John Thompson (Symantec), and Gary Bloom (Veritas). The BSA's notice states that this event "is open to the media". For more information, contact Jeri Clausing at jeric@bsa.org or 202 530-5127. Location: Room 106, Dirksen Building.

Deadline for the Federal Trade Commission (FTC) to submit its report to the Congress 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 this report. See, story titled "FTC Announces CAN-SPAM Act Rulemaking" in TLJ Daily E-Mail Alert No. 855, March 15, 2004.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rule Making (FNPRM) and Notice of Inquiry (NOI) regarding digital audio broadcasting (DAB). This item is FCC 04-99 in MB Docket No. 99-325. See, story titled "FCC Announces FNPRM and NOI Regarding Digital Audio Broadcasting" in TLJ Daily E-Mail Alert No. 878, April 16, 2004, and notice in the Federal Register, May 17, 2004, Vol. 69, No. 95, at Pages 27874 - 27885.

8:30 AM - 1:30 PM. The Cato Institute will host an event titled "The Law and Economics of File Sharing & P2P Networks" The speakers will include Jack Valenti (Motion Picture Association of America). See, notice. The event will be webcast. Lunch will be served. Free. Location: Cato, 1000 Massachusetts Ave., NW.

8:30 AM - 1:00 PM. Day three of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board. See, notice in the Federal Register, May 28, 2004 Vol. 69, No. 104, at Page 30621. Location: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

RESCHEDULED FROM JUNE 9. 9:30 AM. The House Commerce Committee's Subcommittee on Oversight and Investigations will hold a hearing titled "Problems with the E-rate Program: Waste, Fraud, and Abuse Concerns in the Wiring of Our Nation's Schools to the Internet". The hearing will be webcast. See, notice. Location: Room 2322, Rayburn Building.

9:30 AM. The Senate Foreign Relations Committee will hold a hearing on several treaties, including the Council of Europe Convention on Cybercrime. The witnesses will be Michael Schmitz (Bureau of Customs and Border Protection, Department of Homeland Security), Bruce Swartz (Criminal Division, Department of Justice), and Samuel Witten (Department of State). See, notice. Location: Room 419, Dirksen Building.

Day one of a three day event titled "China-U.S. Telecommunications Summit". See, NTIA notice and TIA notice. Location: Chicago, Illinois.