|GAO Reports on DHS Enterprise
8/17. The General Accounting Office (GAO)
released a report [91 pages in PDF]
titled "Homeland Security: Efforts Under Way to Develop Enterprise Architecture,
but Much Work Remains".
The report states that an enterprise architecture is "a
blueprint that defines, both in logical terms (including interrelated business
processes and business rules, integrated functions, applications, systems,
users, work locations, and information needs and flows) and in technical terms
(including hardware, software, data, communications, and security), how an
organization's information technology systems operate today, how they are to
operate in the future, and a road map for the transition." (Parentheses in
The report finds that the
Department of Homeland Security's (DHS) "initial enterprise architecture
provides a partial basis upon which to build future versions. However, it is
missing most of the content necessary to be considered a well-defined
architecture. Moreover, the content in this version was not systematically
derived from a DHS or a national corporate business strategy; rather, it was
more the result of an amalgamation of the existing architectures that several of
DHS's predecessor agencies already had, along with their respective portfolios
of system investment projects."
The report adds that the "DHS does not yet have the
architectural content that it needs to effectively guide and constrain its
business transformation efforts and the hundreds of millions of dollars it is
investing in supporting systems. Without such content, DHS runs the risk that
its investments will not be well integrated, will be duplicative, will be
unnecessarily costly to maintain and interface, and will not effectively
optimize mission performance."
|Federal Circuit Affirms in PMT v.
8/17. The U.S. Court of Appeals (FedCir)
issued its opinion [MSWord]
in Power Mosfet Technologies v. Siemens, a patent infringement case
involving semiconductor power devices. The Court of Appeals affirmed the District
Court's judgment of non-infringement.
Power Mosfet Technologies (PMT) is the owner of
U.S. Patent No. 5,216,275 titled "Semiconductor Power Devices with
Alternating Conductivity Type High-Voltage Breakdown Regions."
In 2000, PMT filed a complaint in U.S.
District Court (EDTex) against Infineon Technologies, International Rectifier, and
STMicroelectronics (ST) alleging patent infringement.
The District Court entered judgment that the patent was not infringed by defendants,
and denied PMT's motion for a new trial. PMT appealed. In addition, Infineon and
ST conditionally cross appealed the District Court's judgment that the patent
was not anticipated by U.S. Patent No. 4,754,310, and ST conditionally cross
appealed the District Court's judgment that the patent was not anticipated by
U.S. Patent No. 3,171,068.
This case is Power Mosfet Technologies, LLC., et al. v. Siemens AG, et al.,
U.S. Court of Appeals for the Federal Circuit, Nos. 03-1083, 03-1469, 03-1470, and
03-1471, appeals from the U.S. District Court for the Eastern District of Texas, at
Marshall, Judge David Folsom presiding. Judge Gajarsa wrote the opinion of the Court,
in which Judges Michel and Prost joined.
|People and Appointments
8/17. Rachel Cohen was named Director of Public Policy and External
Affairs at Comcast Corporation. She previously worked on the election campaigns of
John Street (Philadelphia Mayor) and Joe Torsella (a Congressional candidate). She has
also worked for the law firms of Buchanan Ingersoll
and Mesirov Gelman. See, Comcast
8/18. The National Institute of Standards and
Technology (NIST) published a
notice in the Federal Register stating that it requests nominations for its
Information Security and Privacy Advisory
Board (ISPAB). See, Federal Register, August 18, 2004, Vol. 69, No. 159, at
8/18. The Federal Communications Commission
(FCC) released a
notice [23 pages in PDF] that requests comments on behalf of the Federal-State
Joint Board on Universal Service regarding the high-cost universal support
mechanisms for rural carriers and the appropriate rural mechanism to succeed the
five-year plan adopted in the Rural Task Force Order. This public notice is FCC 04J-2
in Docket No. 96-45. The FCC released its Rural Task Force Order on June 28, 2004. It
is FCC 04-125 in Docket No. 96-45. Comments are due by October 15, 2004. Reply comments
are due by December 14, 2004.
8/18. The Department of Justice's (DOJ)
Antitrust Division published a
in the Federal Register regarding amendment of the final judgment in US
v. SBC and BellSouth, the action brought in 2000 regarding the then
proposed joint venture between SBC and
BellSouth to form Cingular Wireless. The
final judgment required the divestiture of licenses and assets in certain markets,
and preventing the reacquisition of divested assets. AT&T Wireless acquired some of
these divested assets. Earlier this year, Cingular announced an agreement to acquire
AT&T Wireless. The DOJ filed a memorandum with the
U.S. District Court (DC) stating that
competitive conditions have changed, and that therefore the final judgment's prohibition
on reacquiring assets is no longer necessary. The relevant licenses are in Los Angeles,
California and Indianapolis, Indiana. Comments are due within 30 days. See, Federal
Register, August 18, 2004, Vol. 69, No. 159, at Pages 51327 - 51328. This case is U.S.
v. SBC Communications, Inc. and BellSouth Corporation, U.S. District Court for the
District of Columbia, D.C. No. 1:00CV02073.
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Copyright 1998 - 2004 David Carney, dba Tech Law Journal. All
|Washington Tech Calendar
New items are highlighted in red.
|Thursday, August 19
The House and Senate are in recess through September 6.
TIME CHANGE. 9:30 AM. The
Committee will hold a hearing titled "The 9-11 Commission and Recommendations
for the Future of Federal Law Enforcement and Border Security". The witnesses
will be Lee Hamilton (9-11 Commission), Slade Gordon (9-11 Commission),
Hutchinson (the Under Secretary for Border and Transportation Security at the
Department of Homeland Security), and
Maureen Baginski (FBI). See,
notice. Location: Room
226, Dirksen Building.
12:00 NOON - 1:30 PM. The DC Bar
Association's International Law Section and Antitrust and Consumer Law Section
will host a panel discussion titled "The Reach Of U.S. Antitrust Law After
Empagran". The subject will be the U.S. Supreme Court's June 14, 2004
opinion [23 pages in PDF] in F. Hoffmann-La Roche Ltd., v. Empagran,
S.A. The speakers will be Steven Mintz (Department of Justice,
Metlin (Dickstein Shapiro), and
Jonathan Franklin (Hogan & Hartson). See,
Prices vary from $10-$15. For more information, call 202 626-3463. Location:
Fried Frank, 1001 Pennsylvania Ave., NW.
1:30 PM. The National
Rural Electric Cooperative Alliance (NRECA) will hold a press conference to present
its High-Tech Rural Broadband Alliance Award. For more information, contact Renee Butler
at 703 907-5704. Location: Zenger Room, National Press Club, 529 14th St. NW, 13th
6:00 - 9:15 PM. The DC Bar
Association's Telecommunications Law Section will host a continuing legal education
(CLE) program titled "New FCC Media Ownership Rules Made Simple". The
speakers will be Tom
Davidson (Akin Gump) and
Gregory Masters (Wiley
Rein & Fielding). Prices vary. See,
For more information, contact 202-626-3488. Location: D.C. Bar Conference
Center, B-1 Level, 1250 H Street, NW.
|Friday, August 20
10:00 AM. The House
Subcommittee on Commercial and Administrative Law and Subcommittee on the Constitution
will hold a joint hearing titled "Privacy and Civil Liberties in the Hands of the
Government Post-September 11, 2001: Recommendations of the 9/11 Commission and the U.S.
Department of Defense Technology and Privacy Advisory Committee". The witnesses
will include Nuala
Kelly, Chief Privacy Officer of the Department of
Homeland Security. The hearing will be webcast. Location: Room 2141, Rayburn Building.
|Monday, August 23
10:00 AM. The
House Financial Services
Committee will hold a hearing titled "The 9/11 Commission Report:
Identifying and Preventing Terrorist Financing". See,
report of the
National Commission on Terrorist Attacks Upon
the United States (9-11 Commission). Press contact: Peggy Peterson at 202
226-0471. Location: Room 2128, Rayburn Building.
Deadline to submit reply comments to the Federal
Communications Commission (FCC) in response to its notice of proposed rulemaking
(NPRM) regarding the reporting requirements for U.S. providers of international
telecommunications services. This NPRM is FCC 04-70 in IB Docket No. 04-112. See,
notice in the Federal Register, May 25, 2004, Vol. 69, No. 101, at Pages
29676 - 29681.
|Wednesday, August 25
10:30 AM - 12:15 PM. The
Federal Communications Commission (FCC) will
hold an event titled "Discussion on the Debt Collection Improvement Act
Rules and Rules Governing Applications or Other Request for Benefits by
notice [PDF]. Location: FCC, Commission Meeting Room, 445 12th Street, SW.
12:15 PM. The Federal Communications Bar
Association's (FCBA) Online Communications Practice Committee will host a brown bag
lunch. The topic will be Federal Communications Commission (FCC) and
Agriculture (USDA) policies related to deployment of wireless broadband
services in rural areas. The speakers will be Peter Corea (Special Counsel, FCC's
WTB's Broadband Division) and Chris Moore (USDA). For more info contact Ann Bobeck at
email@example.com. RSVP to Evelyn Opany at
Piper Rudnick, 1200 19th St., NW, 7th
Deadline to submit reply comments to the
Federal Communications Commission (FCC) in response to
of Inquiry (NOI) [30 pages in PDF] regarding its annual report to the Congress on the
status of competition in the market for the delivery of video programming. See also, story
titled "FCC Adopts NOI For Annual Report to Congress on Video Programming" in
TLJ Daily E-Mail Alert No. 916, June 11, 2004. This NOI is FCC 04-136 in MB Docket No.
04-227. See also,
notice in the Federal Register, July 1, 2004, Vol. 69, No. 126, at Pages
39930 - 39933.
Deadline to submit comments and notices of intention to
participate to the Copyright Office regarding
ascertainment of controversy for the 2002 cable royalty funds. The CO published a
notice in the Federal Register that "directs all claimants to royalty fees
collected for calendar year 2002 under the cable statutory license to submit comments
as to whether a Phase I or Phase II controversy exists as to the distribution of those
fees and announces the deadline for the filing of Notices of Intention to Participate
in a royalty distribution proceeding concerning those royalty fees." See, Federal
Register, July 26, 2004, Vol. 69, No. 142, at Pages 44548 - 44549.
|Thursday, August 26
6:00 - 9:15 PM. The
DC Bar Association's Intellectual Property
Law Section and Computer and Telecommunications Law Section will host a continuing
legal education (CLE) program titled "Software Patent Primer: Acquisition,
Exploitation, Enforcement and Defense". The speakers will be Richard Litman
(Litman Law Firm), Stephen
Parker (Rothwell Figg, Ernst & Manbeck),
David Temeles (Temeles & Temeles), and
Martin Zoltick (Rothwell Figg).
Prices vary. See,
For more information, contact 202-626-3488. Location: D.C. Bar Conference
Center, B-1 Level, 1250 H Street, NW.
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