|Chairman Barton Says Commerce Committee Will
Mark Up Boucher Doolittle Bill in July
6/22. Three members of the House of Representatives and a collection of interest
groups and companies held a press conference to describe and promote
the "Digital Media Consumers' Rights Act of 2003".
Rep. Rick Boucher (D-VA) and
Rep. John Doolittle (R-CA), who
are the original sponsors of the bill, and
Rep. Joe Barton (R-TX), the
Chairman of the House Commerce Committee
(HCC), praised the bill, and predicted that the HCC will approve the bill in
Rep. Barton (at left)
stated that "I am here to strongly endorse the Boucher Doolittle bill. We hope that we
can mark that up in the very near future." He added later that "It is my hope to
have a markup sometime in July."
Rep. Doolittle said that "unfortunately we now have a law on the books that
tilts the balance", and the balance needs to be restored. He said that if it is not,
innovation will be constrained. He also asserted that the Digital Millennium Copyright
Act (DMCA) is "nearly destroying the fair use rights of consumers".
"The time has come to pass this much needed measure", said Rep. Boucher.
He added that "fair use rights in the digital era depend upon the enactment of
"The DMCA holds the potential for the complete extinguishment of the exercise
of fair use rights with regards to digital media. And, so in putting this
measure forward we are acting in the effort to save the right of consumers to
use digital media in pursuit of their fair use rights in the way that is most
convenient to them", said Rep. Boucher.
Summary of HR 107. The primary purpose of HR 107 is to amend the
anti-circumvention provisions of the DMCA, which are codified at
17 U.S.C. § 1201. See
also, the Copyright Office's
summary [18 pages
PDF] of the DMCA, and the
full text [96
pages in PDF] of the DMCA.
§ 1201(a)(1)(A), which was added in 1998 by the DMCA, provides that "No
person shall circumvent a technological measure that effectively controls access
to a work protected under this title."
Then, § 1201(a)(2)( A) provides that "No person shall manufacture, import,
offer to the public, provide, or otherwise traffic in any technology, product,
service, device, component, or part thereof, that --- (A) is primarily designed
or produced for the purpose of circumventing a technological measure that
effectively controls access to a work protected under this title;"
Furthermore, § 1201(b)(1)(A) provides that "No person shall manufacture,
import, offer to the public, provide, or otherwise traffic in any technology,
product, service, device, component, or part thereof, that --- (A) is primarily
designed or produced for the purpose of circumventing protection afforded by a
technological measure that effectively protects a right of a copyright owner
under this title in a work or a portion thereof".
HR 107 would amend § 1201(c)(1), which currently provides that
"Nothing in this section shall affect rights, remedies, limitations, or defenses
to copyright infringement, including fair use, under this title."
HR 107 bill would add to this sentence the following phrase: "and it is not a
violation of this section to circumvent a technological measure in connection
with access to, or the use of, a work if such circumvention does not result in
an infringement of the copyright in the work".
Also, the bill would add to § (c) the following new subparagraph: "(5) It
shall not be a violation of this title to manufacture, distribute, or make
noninfringing use of a hardware or software product capable of enabling
significant noninfringing use of a copyrighted work."
The bill would also add to both § 1201(a)(1)(A) and § 1201(b)(1)(A) an
exception for scientific research. Specifically, the bill provides that
"Subsections (a)(2)(A) and (b)(1)(A) ... are each amended by inserting after
‘‘title’’ in subsection (a)(2)(A) and after ‘‘thereof’’ in subsection (b)(1)(A)
the following: ‘‘unless the person is acting solely in furtherance of scientific
research into technological protection measures’’."
While these proposed substantive provisions do not expressly reference "fair
use", it is the intent of drafters, as revealed by their statements upon
introduction, at the HCC's May 12, 2004 hearing, and at the June 22 event, to
provide that circumvention of copy protection measures for the purpose of
exercising fair use rights protected by 17 U.S.C. § 107 is not a violation of
the anti-circumvention provisions of the DMCA.
The consequences of providing this fair use exception would be to enable
circumvention for fair use purposes, and to enable circumvention for infringing
purposes. The speakers at the June 22 event stressed only the former consequence.
once copy protection technology is circumvented, there is no technology that can
limit the number of copies that can be produced from the original. Nor is there
any technology that can distinguish between a fair use circumvention and an
infringing circumvention. Thus, the practical effect of HR 107 would be not only
to protect fair use circumvention of copy protection measures, but also to
undermine the effectiveness of the DMCA's anti-circumvention provisions.
Witnesses who testified in opposition to HR 107 at a May 12, 2004 hearing
argued that HR 107 would effectively nullify § 1201, or swallow the rule. See,
story titled "House Subcommittee Holds Hearing on Creating Fair Use Exceptions to DMCA" in
TLJ Daily E-Mail
Alert No. 899, May 17, 2004.
See also, and
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; and story titled "Reps. Boucher and Doolittle
Introduce Digital Fair Use Bill" in
TLJ Daily E-Mail
Alert No. 582, January 14, 2003.
Prospects for passage. This June 22 event was organized, in part,
to demonstrate support for the bill. Rep. Boucher, in particular, also used the
occasion to argue that the prospects for passage of the bill are good.
He stated that "The passage of this measure is within our reach during the
course of this Congress. And even if we take another year or two beyond this
Congress, we are establishing tremendous momentum this year, with the movement
forward of this bill in the House." He noted it took eight years to pass the
Telecommunications Act of 1996, and six years to pass the DMCA.
"So, it might, yes, take us a couple of years beyond the current Congress in
order to achieve this result. But, we are making tremendous progress as we move
this measure forward." He added that "I believe potentially we can achieve
passage this year."
Rep. Boucher also addressed committee consideration. He said that
"The way that the rules of the House operate, a committee that has secondary
jurisdiction may not, through inaction or negative action, prevent the bill from
going to the floor. Under the current House rules, there is a referral to a
committee primarily, and there may be subsequent sequential referrals that are
secondary in nature."
He continued that "In the case of HR 107, the committee of primary
jurisdiction is the House Energy and Commerce Committee. That is the committee
that will act on this measure. A secondary sequential referral will be made to
House Judiciary. It will be time limited. That committee will have an opportunity to
propose amendments, if it chooses to do so. Those amendments can then be
considered by the House Rules Committee which will decide on the order of
proceeding on the floor. And the Rules Committee may or may not make the
Judiciary Committee's amendments in order."
Rep. Boucher also said that "Judiciary is undoubtedly going to
have a slightly different view than I have, or that I think that a majority of
the Commerce Committee members will have. And Judiciary will have its
opportunity to construct amendments to the bill. Those potentially could be made
in order for floor debate. But if they are, I think that our position will
prevail on the floor, because I think that the House Energy and Commerce
Committee is more nearly reflective of the broad membership of the House than is
the House Judiciary Committee on matters such as this."
No companion bill has yet been introduced in the Senate. However, Rep.
Boucher said that he believes that a companion bill in the Senate would be
referred to the Senate Commerce Committee, not the Senate Judiciary Committee.
He also said that he has been talking to Senators about introducing a bill, but
would not say who they are.
Supporters of HR 107. The event on June 22 also announced and
introduced a coalition of companies and groups named the
Personal Technology Freedom Coalition (PTFC)
that supports HR 107.
Members of the PTFC include the four incumbent local exchange carriers (ILECs),
BellSouth, Qwest, SBC, and Verizon, and their trade association, the
U.S. Telecom Association (USTA).
The PTFC is a newly formed group. Its website went online on June 22. The
Whois database records that the PTFC's domain is registered to, and administered
by, a BellSouth subsidiary.
Herschel Abbott, a BellSouth VP,
spoke at the event. He advocated consumer rights. He added in a written
statement that "Our customers do not want us to be the Internet Police and we
don't want that either."
He did not articulate what business reason the ILECs have for
supporting this legislation. Nor did he provide any examples of how the ILECs
have been involved in the enforcement of the anti-circumvention provisions of
Although, Verizon has been involved in extensive
litigation with the Recording Industry
Association of America (RIAA) over another section of the DMCA -- § 512(h),
pertaining to subpoenas to ISPs to obtain the identities of infringers. See,
titled "DC Circuit Reverses in RIAA v. Verizon" in
TLJ Daily E-Mail
Alert No. 804, December 22, 2004.
The PTFC membership also includes Sun Microsystems, Gateway, Intel, and
Philips Consumer Electronics North America. It also includes several library
While most of the discussion at the June 22 event focused on consumer fair
use rights, some members of the PTFC advanced other arguments in support of HR 107.
Gary Shapiro, the P/CEO of the Consumer
Electronics Association (CEA), which is a member of the PTFC, stated in a
"Innovators are blocked from bringing legitimate competitive products to the
market, even where no exploitation of a copyrighted work is involved".
Ed Black, President of the Computer and
Communications Industry Association (CCIA), who spoke at the event,
argued that the anti-circumvention provisions of the DMCA threaten national
security by "exposing computer security researchers to possible litigation for
merely searching computer products for vulnerabilities that real criminals and
terrorists could exploit".
|House Commerce Committee's Primary Jurisdiction Over
6/22. The Library of Congress' summary of
the "Digital Media Consumers' Rights Act of 2003", states that this
bill was "Referred to the Committee on Energy and Commerce, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the jurisdiction of the
Moreover, this bill has also been referred to the
House Commerce Committee's (HCC)
Subcommittee on Commerce, Trade and Consumer Protection. It has also been referred to the
House Judiciary Committee's (HJC)
Subcommittee on Courts, the Internet and Intellectual Property.
This article addresses how this referral to the HJC came about.
The House rules address the jurisdiction of committees, and the referral of
bills. House Rule X, which defines
the jurisdiction of the various committees of the House, provides that the HJC has
jurisdiction over "Patents, the Patent and Trademark Office, copyrights, and
Rule X also provides that the HJC has jurisdiction over "The judiciary and
judicial proceedings, civil and criminal". That is, it has jurisdiction over crime
bills. The DMCA criminalizes certain conduct.
Rule X provides that the HCC has jurisdiction over "Interstate and foreign
commerce generally", as well as "Consumer affairs and consumer protection".
Also, House Rule XII, which is
titled "Receipt and Referral of Measures and
Matters", addresses primary jurisdiction of committees, and sequential
referrals. See also, Congressional Research Service (CRS)
report [2 pages in PDF]
titled "House Committee Jurisdiction and Referral: Rules and Practice".
Rule X also gives the HCC jurisdiction over "Regulation of interstate
and foreign communications". No one is arguing that HR 107 is a communications
bill. However, this grant means that the HCC has jurisdiction over federal regulation of
This makes carriers, such as BellSouth, Qwest, SBC and Verizon, which have long been
hostile to copyright protection in a variety of legislative debates, a part of the
constituency of the HCC. And because the HCC writes telecommunications
legislation, and oversees the Federal Communications Commission (FCC), these
companies have come to have closer relationships, and
more influence, with members of the HCC than with the members of other committees.
Similarly, since the HJC has jurisdiction over copyright, the copyright based
industries, such as movies, music, games, and software, are part of the constituency of
the HJC. They have closer relationships, and more influence, with members of the HJC.
See also, story
titled "House Commerce and Judiciary Committees Vie for High Tech Leadership",
June 15, 1999.
The telecommunications companies have simply taken their request for
legislation to the committee with which they have more influence.
The primary purpose of HR 107 is to amend the Digital Millennium Copyright
Act (DMCA), which contains within its title the word "Copyright". The
anti-circumvention provisions, which are found in § 1201, make numerous
reference to copyrights and infringement.
§ 1201 is also a part of Title 17 of the U.S. Code, which codifies copyright law. The
placement of § 1201 within Title 17 is not the result of a compiler's decision. The DMCA,
which was HR 2281 in the 105th Congress, provided that "Title 17, United
States Code is amended by adding at the end the following new chapter: ``CHAPTER
12—COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS´´." Also, this new Chapter 12 included
§ 1201, which the bill titled "Circumvention of copyright protection systems".
Moreover, the West Group has designated 17 U.S.C. § 1201 a part of the
"Copyright Act of 1976".
And furthermore, proponents of HR 107 describe their bill in terms of "copyright"
and "fair use". The key section title and subsection title of HR 107
use the term "fair use". There is also the number of the bill -- 107. § 107
is the fair use section. Rep. Boucher specifically requested the assignment of this number.
Yet, Rep. Rick Boucher (D-VA) has successfully convinced the House Parliamentarian that
HR 107 is not a copyright bill.
He drafted the bill carefully with jurisdiction in mind. He did several
things to support the argument that this is not a copyright bill. First, he presented
the bill as a measure to protect consumers. The HCC has jurisdiction over consumer
protection. For example, he added language to the bill giving the
Federal Trade Commission (FTC) authority, under its
power to protect consumers, to regulate the labelling of DVDs. This provision has gone
almost unmentioned at events such as the one on June 22, and the HCC's hearing on May 12.
However, this provision is fundamental to Rep. Boucher's case that the HCC
should have jurisdiction.
Second, Rep. Boucher (at right) has
presented this bill as a measure to regulate
interstate commerce. The HCC has jurisdiction over interstate commerce. The bill
states that "The Congress finds ... The limited introduction into commerce of
`copy protected compact discs´ has caused consumer confusion ..."
Third, while the section and subsection titles in HR 107 reference "fair
use", the substantive provisions of the bill carefully avoid any reference to
either "fair use" or § 107. That is, key provisions of the bill do not provide,
for example, that "fair use circumvention is permissible". Rather, these key
provisions are drafted in a complex double negative that omits the terms fair use.
For example, the
bill does provide that "it is not a violation of this section to circumvent a
technological measure in connection with access to, or the use of, a work if
such circumvention does not result in an infringement of the copyright in the
work". § 107 provides that "the fair use of a copyrighted work ... is not an
infringement of copyright", and this is the section that, if HR 107 is passed,
will be asserted. But, by drafting this section of the bill with language that
does not actually use the words "fair use", Rep. Boucher bolstered his argument
that HR 107 is not a copyright bill, and hence, that the HCC should have jurisdiction.
The drafting of HR 107 sought to avoid HJC jurisdiction by omitting substantive
reference to fair use. However, there was no way to draft a statute amending the
DMCA that did not reference the DMCA. Hence, to avoid HJC jurisdiction, Rep.
Boucher has also had to argue that the DMCA is not a copyright statute.
TLJ spoke with Rep. Boucher about this subject after the event on June 22. He
first summarized his argument. "Well, you see, it doesn't amend the Copyright Act. You see, that is one of the
key considerations here. That is a mistake that many people make. The DMCA is not a
copyright statute. It is incorrectly named ``Digital Millennium Copyright Act´´.
But is not a copyright statute. It does not amend the copyright title. It does
not create any new copyright rights."
He elaborated that "What it does is create a crime of
circumvention for people who bypass technology in order to access a copyrighted
work. But, it technically is not a copyright statute. That is why the clause in
the dag gone bill, that says that the defense of fair use is in no way affected
by this statute, is ineffective, because that defense is only a defense in the
law only to a charge of copyright infringement. It is not a defense in the law
to the separate crime created in the DMCA of circumvention. If it were we
wouldn't be doing this."
Rep. Boucher continued that "The Commerce Committee has jurisdiction because of
the totality of what is contained in this. Bear in mind that when the DMCA
was passed, the Commerce Committee had a secondary referral and offered fair use
amendments that were made a part of the final law. And that is what set up this
process over at the Copyright Office that they go through now and sort of try
and define categories of works where the fair use rights of users would be
inhibited by the DMCA."
Rep. Boucher's statement referred to 17 U.S.C. § 1201, at subsections (C) and (D). See
also, the Copyright Office's web section
addressing its rulemaking on the classes of works subject to the exemption from
the prohibition against circumvention.
Rep. Boucher added, "But, it has been a total failure, and in fact we only got
a tenth of a loaf at the time we were negotiating those particular amendments in
further stages of the process. And they got whittled down from what the Commerce
Committee had proposed."
He concluded, "And so, I mention that only by example to show you that
the DMCA itself was referred only sequentially to the Commerce Committee last
time. This time we have a different bill. It is written in a different way. It
is written in a way that persuaded the Parliamentarian that the primary
jurisdiction should be with the Commerce Committee."
|More Capitol Hill News
6/18. Rep. Howard Coble (R-NC),
Rep. John Conyers (D-MI),
Rep. Henry Hyde (R-IL), and
Rep. Barney Frank (D-MA) introduced
4615, the "Playwrights Licensing Antitrust Initiative Act of 2004",
a bill to modify the application of the antitrust laws to
permit collective development and implementation of a standard contract form for
playwrights for the licensing of their plays. It was referred to the
House Judiciary Committee.
6/17. Sen. Susan Collins (R-ME) and
Sen. Ron Wyden (R-OR) introduced
the "Homeland Security Civil Rights and Civil Liberties Protection Act of 2004".
Sen. Collins stated that "Under the leadership of Secretary Ridge, the new
Department of Homeland Security has won praise for its commitment to the
protection of our freedoms. Secretary Ridge has provided the Officer for Civil
Rights and Civil Liberties and the Privacy Officer with the tools they need to
be effective." However, she said, the Homeland Security Act 2002, which created
the Department of Homeland Security (DHS),
does not codify these efforts. She explained that the bill "would write into law
the activities of the Officer for Civil Rights and Civil Liberties" and provide
"that the Officer for Civil Rights and Civil Liberties as well as the Privacy
Officer should report directly to the Secretary, and requires coordination
between those officers to ensure an integrated and comprehensive approach to the
important issues they address."
6/17. Sen. Maria Cantwell (D-WA)
introduced S 2540,
the "Educational Radio Protection Act",
a bill to protect educational FM radio stations providing public service
broadcasting. It was referred to the
Senate Commerce Committee. Sen. Cantwell is a member.
|Judiciary Committee Leaders
Condemn Jurisdictional Power Grab
6/22. Rep. James Sensenbrenner (R-WI),
Rep. John Conyers
(D-MI), Rep. Lamar Smith (R-TX), and
Rep. Howard Berman (D-CA) released a
statement on June 22, attacking both the substance of HR 107 and the procedure
being used to attempt to pass the bill.
Rep. Sensenbrenner and Rep. Conyers are the Chairman and ranking Democrat of
the House Judiciary Committee. Rep. Smith
and Rep. Berman are the Chairman and ranking Democrat of the Subcommittee on Courts, the
Internet and Intellectual Property.
Berman (at right) represents a southern California district, and has a long
history of advocating the copyright interests of the entertainment industries.
Rep. Conyers represents a Detroit, Michigan district, and has long advocated the
interests of music companies and artists.
The four stated that "We strongly oppose the substance of H.R. 107. This
legislation would eviscerate a key provision of the Digital Millennium Copyright
Act (DMCA), which is successfully protecting copyrighted works and providing
consumers access to more digital content than ever before. In fact, a DVD player
is now as common a household item as the VCR was 15 years ago precisely because
of the DMCA. H.R. 107 would undo a law that is working and destroy the careful
balance in copyright law between consumers' rights and intellectual property
They continued, "Furthermore, our strong
objections to the substance of H.R. 107 are matched by our objections to what
appears to be a bold jurisdictional power grab. The Judiciary Committee has --
and has long had -- exclusive jurisdiction over copyright law. Rest assured, we
will wholeheartedly oppose this move in a bipartisan fashion, as we would expect
Energy and Commerce Committee leaders to do if we attempted to write energy
Rep. Rick Boucher (D-VA), the
lead sponsor of HR 107, has exercised great legislative
skill so far in using the procedural rules of the House, his drafting of the
bill, and the ruling of the Parliamentarian, to set the House agenda in the
manner that is most favorable for passage of the bill by the House.
However, there remains substantial opposition. First, there is the membership
of the House Judiciary Committee, who not only oppose the bill, but oppose
Commerce Committee encroachment upon both their jurisdiction and expertise.
Moreover, the House Republican leadership has few legislative days remaining on which
to schedule floor debates. Hence, they may not wish to devote some of the little
remaining time to a bill upon which two committees are divided, and which has
not even been introduced in the Senate.
There is also the matter of the powerful groups that are actively opposing
this bill. These include the Motion Picture
Association of America (MPAA), Recording
Industry Association of America (RIAA), Business
Software Alliance (BSA), other trade groups that represent copyright based
industries, and the copyright based companies.
Rep. John Doolittle (R-CA), the
lead co-sponsor of HR 107, noted
at the event on June 22 that Jack Valenti, the President of the MPAA, has been
visiting members of Congress to discuss this bill.
|Washington Tech Calendar
New items are highlighted in red.
|Wednesday, June 23
The House will meet at 10:00 AM. See,
9:30 AM. The
Senate Commerce Committee will
hold a hearing on the Department of Homeland
Security's (DHS) FY 2005 budget request, the enhanced Computer Assisted
Passenger Pre-screening System (CAPPS), and other issues. This witnesses will
Hutchinson (Under Secretary, Border and Transportation Security, DHS), Thomas
Kinton (Massachusetts Port Authority), James May (Air Transport Association America),
Patricia Friend (Association of Flight Attendants-CWA). Location: Room 253, Russell
10:00 AM. The House
Judiciary Committee will meet to mark up several bills, including
the "Defense of Privacy Act", a bill to require that when agencies write rules,
they take into consideration the impact of these rules on the privacy of individuals, and
the "Anti-Counterfeiting Amendments of 2003". 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
Senate Finance Committee will
hold a meeting regarding the U.S.-Australia Free Trade Agreement. Location:
Room 215, Dirksen Building.
10:00 AM. The
Senate Judiciary Committee will
hold a hearing on pending judicial nominees. See,
notice. Press contact: Margarita
Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242.
Location: Room 226, Dirksen Building.
11:30 AM. The
Senate Governmental Affairs Committee will hold a hearing on the
nomination of David Stone to be Assistant Secretary of Homeland
Security, for the Transportation Security
Administration (TSA). See,
notice. Location: Room 342, Dirksen Building.
1:30 PM. The House Commerce
Committee's Subcommittee on Telecommunications and the Internet will hold a hearing
titled "Protecting Homeland Security: A Status Report on Interoperability Between
Public Safety Communications Systems". The witnesses will be David
Boyd (Department of Homeland Security), Gary Grube (Motorola), Robert Legrande
(District of Columbia), and John Muleta (Federal Communications Commission). The hearing will be webcast by the
notice. Press contacts: Jon Tripp (Barton) at 202 225-5735 or Sean Bonyun (Upton)
at 202 225-3761. Location: Room 2322, Rayburn Building.
TIME CHANGE. 2:00 PM. The
Senate Commerce Committee's
Subcommittee on Competition, Foreign Commerce, and Infrastructure will hold a hearing
titled "The Future of Peer to Peer (P2P) Technology". Howard Beales
(Director of the Federal Trade Commission's Bureau of Consumer Protection),
John Rose (The EMI Group), Michael Weiss (StreamCast Networks -- Morpheus),
and Les Ottolenghi (Intent MediaWorks). Curt Pederson (Oregon State
Location: Room 253, Russell Building.
3:00 PM. The
House Ways and Means Committee
will meet to mark up several bills, including a draft of HR __, the "United
States-Australia Free Trade Agreement Implementation Act". See,
notice. Location: Room
1100, Longworth Building.
|Thursday, June 24
The House will meet at 10:00 AM. See,
9:00 AM. The Senate Governmental
Affairs Committee will hold the second part of its hearing titled "Buyer
Beware: The Danger of Purchasing Pharmaceuticals Over The Internet". See,
Location: Room 342, Dirksen Building.
9:30 AM. The House
Commerce Committee will meet to mark up several bills, including
the "Junk Fax Prevention Act of 2004" and
the "Safeguard Against Privacy Invasions Act" or "SPY Act". This is
Rep. Mary Bono's (R-CA) spyware bill.
The meeting will be webcast by the Committee. See,
notice. The Subcommittee on Commerce, Trade, and Consumer Protection approved an
amendment in the nature of a substitute [18 pages in PDF] on June 17, 2004. See,
story titled "House Subcommittee Approves Spyware Bill" in TLJ Daily E-Mail
Alert No. 922, June 21, 2004. The meeting will be webcast by the Committee. Press contact:
Larry Neal or Samantha Jordan at 202 225-5735. Location: Room 2123, Rayburn Building.
9:30 AM. The
Senate Judiciary Committee will
hold a business meeting. See,
notice. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or
David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.
12:15 - 2:00 PM. The DC Bar Association's
Arts, Entertainment and Sports Law Section will host a lunch titled "Indecent
Exposure: Broadcast Standards and the First Amendment". The speakers will be
Lee Carosi (Majority Counsel, Senate Commerce
Committee) Thomas Carpenter (American Federation of
Television and Radio Artists),
Corn-Revere (Davis Wright & Tremaine), Kelly
Zerzan (Majority Counsel, House Commerce
Committee), and John Davis Malloy. Prices vary. See,
For more information, call 202-626-3463. Location:
Jenner & Block, 601 13th Street, NW, Concourse
12:30 PM. The Federal
Communications Bar Association (FCBA) will hold its Annual Meeting and Luncheon.
The speaker will be Federal Communications Commission
(FCC) Commissioner Kathleen
Abernathy. Location: J.W. Marriott, 1331 Pennsylvania Ave., NW.
2:00 - 4:00 PM. The
House Science Committee's
Subcommittee on Environment, Technology, and Standards will hold a hearing
titled "Testing and Certification for Voting Equipment: How Can the Process
Be Improved?" Location: Room 2318, Rayburn Building.
4:00 PM. The
House Judiciary Committee's
Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing
titled "Patent Quality Improvement: Post-Grant Opposition". The
hearing will be webcast by the Committee. Press contact: Jeff Lungren or Terry Shawn
at 202 225-2492. Location: Room 2141, Rayburn Building.
Deadline to submit comments to the
Federal Trade Commission (FTC) to assist it
in preparing its report (which is required by the Fairness to Contact Lens
Consumers Act, 15 U.S.C. § 7601 et seq.) on the
strength of competition in the sale of prescription contact lenses. See,
notice in the Federal Register, April 22, 2004, Vol. 69, No. 78, at Pages
21833 - 21836.
Deadline to submit reply comments to the
Federal Communications Commission (FCC) in response to its notice of
proposed rule making (NPRM) regarding expanding the disruption reporting
requirements beyond wireline carriers. See,
notice in the March 26, 2004, Vol. 69, No. 59, at Pages 15761 - 15774.
|Friday, June 25
The House will meet at 9:00 AM. See,
5:45 - 8:00 PM. The Federal Communications
Bar Association (FCBA) Cable Committee and Legislation Committee will hold a joint
brown bag lunch. The speakers will be majority and minority counsel for the
House Commerce Committee. RSVP to Wendy
Parish at firstname.lastname@example.org. Location:
Willkie Farr & Gallagher, 1875 K Street, NW.
Deadline to submit reply 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.
|Monday, June 28
The House and Senate will not meet on June 28 through July 5.
The Supreme Court will return from the recess that
it began on June 21.
1:00 PM. The Center
for Democracy and Technology (CDT) will host a telephone press conference
to discuss the Supreme Court's opinion in Ashcroft v. ACLU, a
challenge to the constitutionality of the Child Online Protection Act (COPA).
If the Supreme Court does not issue the opinion on this date, then the CDT
will reschedule this conference for the next likely date for the issuance of
the opinion -- June 28. To participate, call 334 260-2557 and provide security
Deadline to submit reply comments to the Federal
Communications Commission (FCC) in response to its
proposed rulemaking (NPRM) [97 pages in PDF] regarding issues relating to services
and applications utilizing internet protocol (IP). This NPRM is FCC 04-28 in WC
Docket No. 04-36. See,
notice in the Federal Register, March 29, 2004, Vol. 69, No. 60, at Pages 16193 -
16202. See also, story titled "FCC Adopts NPRM Regarding Regulation of Internet
Protocol Services" in
TLJ Daily E-Mail
Alert No. 837, February 16, 2004.
Deadline to submit comments to the Federal
Communications Commission (FCC) in response to its notice of proposed rulemaking
(NPRM) regarding changes to the FCC Form 477 local competition and broadband data
gathering program. This NPRM is FCC 04-81 in WC Docket No. 04-141. See,
notice in the Federal Register, May 27, 2004, Vol. 69, No. 103, at Pages
30252 - 30277.
|Tuesday, June 29
2:00 - 4:00 PM. There will be a meeting of the WRC-07
Advisory Committee, Informal Working Group 5: Regulatory Issues. See, FCC
notice [PDF]. Location: The Boeing
Company, 1200 Wilson Blvd., Arlington, VA.
3:00 - 5:00 PM. The
American Enterprise Institute (AEI) will host a panel
discussion titled "Terror, Torts, and Teleco: The Supreme Court's 2003-2004
Term". The speakers will be Viet Dinh (Georgetown University Law Center), Richard
Garnett (Notre Dame Law School), Edward Warren (Kirkland & Ellis), and Michael Greve
notice and registration page. Location: AEI, Twelfth floor, 1150 17th St., NW.
The Defense Science Board Task Force on Global Positioning System will
hold a closed meeting to discuss Galileo and other future radio navigation satellite
notice in the Federal Register, May 18, 2004, Vol. 69, No. 96, at Pages 28125 -
28126. Location: Strategic Analysis Inc., 3601 Wilson Boulevard, Arlington, VA.
|Wednesday, June 30
12:15 PM. The Federal
Communications Bar Association's (FCBA) Mass Media Practice Committee will host a
brown bag lunch. The speaker will be Ken Ferree, Chief of the Federal
Communications Commission's (FCC) Media
Bureau. Location: 8th Floor Conference Room,
Dow Lohnes & Albertson, 1200 New Hampshire
2:00 PM. The
Japan International Transport
Institute and the Ministry of Land, Infrastructure and Transport will host
a conference titled "Aviation Security of Tomorrow". There will be a
technology demonstration from 1:00 - 7:00 PM that will feature an IPv6-based
secure peer-to-peer communication service platform, information secrecy
management solutions using a multi-purpose smartcard, and radio frequency
tags. The speakers will include
Hutchinson, Under Secretary for Border and Transportation Security at
the U.S. Department of Homeland Security. Masayuki Nomura (NTT
Communications Corporation) will give a technology demonstration. There will
be a reception from 5:30 - 7:00 PM. See,
page. Registration is required by June 25. Location: Grand Hyatt
Washington, 1000 H Street, NW.
Deadline to submit comments to the Financial
Accounting Standards Board (FASB) regarding its
titled "Exposure Draft, Share-Based Payment, an Amendment of FASB Statements No.
123 and 95", in which it proposes to that companies must expense employee stock
Deadline to submit applications to the
Department of Homeland Security (DHS) for
grants for homeland security related information technology demonstration
projects. See, DHS
6/22. The Federal Communications Commission
(FCC) published a
notice in the Federal Register that summarizes, and sets comment deadlines
for, its public notice (DA 04-1690) requesting public comments on constitutionally permissible
ways for the FCC to identify and eliminate market entry barriers for small
telecommunications businesses and to further opportunities in the allocation of
spectrum-based services for small businesses and businesses owned by women and
minorities. Comments are due by July 22, 2004. Reply comments are due by August
6, 2004. See, Federal Register, June 22, 2004, Vol. 69, No. 119, at Pages 34672 -
6/22. The Copyright Office published a
notice in the Federal Register that summarizes, and states the effective
date (June 22, 2004), of its final rule "amending its regulations governing the
content and service of certain notices on the copyright owner of a musical work.
The notice is served or filed by a person who intends to use a musical work to
make and distribute phonorecords, including by means of digital phonorecord
deliveries, under a compulsory license." See, Federal Register, June 22, 2004,
Vol. 69, No. 119, at Pages 34578 - 34585.
6/21. The Office of the U.S. Trade Representative (USTR) released a
draft of the
U.S. Bahrain Free Trade Agreement.
Pascal Lamy, the EU Trade Commissioner, issued a
regarding the House passage of
the "American Jobs Creation Act of 2004", a bill that repeals the ETI tax
regime. He stated that "I have repeatedly stated that
our objective remains the withdrawal of the US illegal
subsidy, and compliance with the WTO’s findings. Today, thanks to the efforts of
Chairman Thomas and his colleagues in the House, we are a step closer to this
objective. I very much hope that both the House and Senate can now agree on a
final text so that an FSC/ETI repeal bill is rapidly adopted and signed into law
by President Bush. It goes without saying that the
moment WTO compliant legislation becomes law, the EU will immediately repeal the
countermeasures. That will be good news for all involved in transatlantic trade.
Let's hope the time will shortly come to put this long standing dispute behind us once and for
all." On May 11, 2004, the Senate passed
its ETI repeal bill,
the "Jumpstart Our Business Strength (JOBS) Act". On June 17, 2004 the House
passed its bill. See, story titled "House Passes Bill to Repeal ETI" in TLJ
Daily E-Mail Alert No. 921, June 18, 2004. See also, story titled "EU
Imposes FSC/ETI Sanctions" in
TLJ Daily E-Mail
Alert No. 847, March 2, 2004.
Pascal Lamy, the EU Trade Commissioner, gave a
speech at Sophia University in Tokyo, Japan titled "Globalisation and Trade:
How to make sure there is space for development?"
6/21. The European Community announced in a
release that it "is submitting today to the World Intellectual Property
Organization (WIPO) in Geneva its instrument of accession to the Madrid Protocol
on the international registration of trademarks. It is the first time that the
EC as such accedes to a WIPO treaty. This link will allow businesses to benefit
from the advantages of the Community Trademark through the Madrid Protocol
system and vice-versa, which will simplify procedures, reduce the costs for
international protection and make administration easier."
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