2/28. Attorney General Alberto Gonzales gave a speech in Washington DC at which he discussed the USA PATRIOT Act, and extension of the provisions of the Act that sunset at the end of this year.

He said that in late 2001, "The Bush Administration worked closely with both parties in Congress to shape a proposal that gave law enforcement the tools it needed to secure the homeland while protecting our liberties. It is important to note that this period of intense discussion preceded the enactment of the PATRIOT Act-even as our nation worried about another imminent enemy assault."

"Three years later, we can say the PATRIOT Act is working: it has helped prevent additional terrorist attacks. As we look at the challenges of the future, it is important to remember why the PATRIOT Act is so effective. First, the Act lowered the bureaucratic wall that separated law enforcement from the intelligence community. Second, the Act ensured that law enforcement could battle terrorism by deploying many of the legal tools that had long been used to fight drug smugglers, mobsters, and other criminals."

He continued that "Some of these important provisions are set to expire at the end of 2005. But as the President has warned, the terrorist threat will not expire on that schedule. The coming Congressional deliberations regarding the reauthorization of the PATRIOT Act are important. Debate and discussion reflect our strength as a democracy. We all share the same goal: to give law enforcement the tools they need to keep America safe, while honoring our values, and I look forward to hearing the views of others on this critical question. I am willing to support improvements to our laws that make America safer. What I will not support are changes in the law that would make America more vulnerable to terrorist attacks."

On February 14, 2005, President Bush renewed his call for the Congress to extend the expiring provisions of the PATRIOT Act. He made his statements at a swearing in ceremony for Gonzales. See, story titled "Bush Seeks Extension of Sunsetting Provisions of the PATRIOT Act" in TLJ Daily E-Mail Alert No. 1,077, Feb. 15.

2/28. Christopher Wray (at right), Assistant Attorney General in charge of the Department of Justice's (DOJ) Criminal Division, resigned, "effective on a timetable to ensure as smooth a transition as practicable". See, statement by Attorney General Alberto Gonzales praising Wray.

Wray previously worked for the law firm of King & Spaulding. He replaced Michael Chertoff, who, after a short tenure at the DOJ, was appointed to the U.S. Court of Appeals for the 3rd Circuit. Chertoff has since been appointed Secretary of Homeland Security.

The DOJ's Criminal Division is significant for technology and communications for several reasons. It is involved in policy with respect to electronic surveillance. It is involved in extension of the technology and surveillance related provisions of the USA PATRIOT Act. It is involved in implementation, reinterpretation and amendment of the Communications Assistance for Law Enforcement Act (CALEA).

The Criminal Division also includes the Computer Crimes and Intellectual Property Section (CCIPS), which is involved in both computer security issues and intellectual property issues, especially those pertaining to protection of the digital content of the entertainment industry.

President Bush has not yet announced a replacement.

2/28. William Blumenthal was named General Counsel of the Federal Trade Commission (FTC). He is currently a partner in the Washington DC office of the law firm of King & Spalding (KS). His KS biography states that he "practices in the area of antitrust and trade regulation" and "appears regularly before the U.S. Department of Justice, the Federal Trade Commission, and the state Attorneys General". See also, FTC release.

2/28. Dean Kamen, Carl Gulbransen, and Andrea Ryan were named to the U.S. Patent and Trademark Office's (USPTO) Patent Public Advisory Committee (PPAC). Dean Kamen is an inventor and physicist, President of DEKA Research and Development Corporation, and Chairman of Segway LLC. Carl Gulbrandsen is Managing Director of the Wisconsin Alumni Research Foundation (WARF), Director of the Wisconsin Technology Counsel, and Public Policy Chair of the Association of University Technology Managers. Andrea Ryan is VP and Assistant General Counsel for patents at Wyeth Research. See, USPTO release.

2/28. Joshua Rosenberg, Kathleen Porter, and Parker Livingston were named to the U.S. Patent and Trademark Office's (USPTO) Trademark Public Advisory Committee (TPAC). Joshua Rosenberg is Director of Trademark Licensing at  Hewlett-Packard. Kathleen Porter is an attorney at the law firm of Oblon Spivak. Parker Livingston is an attorney in the law firm of Burns Doane Swecker & Mathis. See, USPTO release. The TPAC will meet on Tuesday, March 1 from 9:30 AM to 4:00 PM, at 600 Dulany Street, Madison West -- 10D31, Alexandria, VA. Jon Dudas, Director of the USPTO, is scheduled to speak at 10:00 AM. See, agenda.

2/24. Joseph Hall was named Managing Executive for Policy at the Securities and Exchange Commission (SEC). Before going to work at the SEC in 2003, he was a partner in the law firm of Davis Polk & Wardwell in New York City, New York. See, SEC release.

2/24. Martha Peterson was named Counselor to the Chairman at the Securities and Exchange Commission (SEC). See, SEC release.

2/28. President Bush gave a wide ranging speech on his policy agenda at a White House event for the National Governors Association. However, he said nothing about technology related policies.

2/28. The Office of the U.S. Trade Representative (USTR) announced that acting USTR Peter Allgeier will attend an informal meeting of trade ministers in Mombassa, Kenya, on March 3–4, 2005. The Office of the USTR stated that the meeting will focus on advancing the Doha round of trade negotiations in the World Trade Organization (WTO). See, USTR release.

2/28. The Federal Communications Commission (FCC) published a notice in the Federal Register stating that it has suspended from its e-rate subsidy program for schools and libraries Qasim Bokhari, aka Syed Qasim Ali Bokhari, aka Kasim Bokhari. Bokhari previously plead guilty to federal criminal charges of wire fraud and money laundering in connection with his e-rate fraud. That case is United States v. Bokhari, et al, U.S. District Court for the Eastern District of Wisconsin, D.C. No. 04-CR-0056-RTR. See, Federal Register, February 28, 2005, Vol. 70, No. 38, at Pages 9647-9649.

2/28. The Internal Revenue Service (IRS) created an Electronic Tax Administration Advisory Committee (ETAAC). April 29, 2005 is the deadline to submit nominations for membership on the ETAAC. The IRS seeks representatives of technology providers, tax software developers, and transmitters of electronic returns, among others. See, notice in the Federal Register, February 28, 2005, Vol. 70, No. 38, at Page 9701-9702.

2/28. John Kneuer, Deputy Assistant Secretary of Commerce for Communications and Information, at the National Telecommunications and Information Administration (NTIA), gave a speech at the eGov Wireless / RFID Conference. See, presentation slides [17 pages in PDF].

2/24. The Federal Trade Commission (FTC) announced that the FTC and Spain's Agencia Española de Protección de Datos (AEPD) signed a Memorandum of Understanding (MOU) [9 pages in PDF] regarding spam. The MOU states that the two countries "recognize that it is in their common interest to share Evidence that will: facilitate effective enforcement against Spam Violations; facilitate research and user and business education on spam; promote a better understanding by each Participant of economic and legal conditions and theories relevant to enforcement against Spam Violations and related activities; and keep each other informed of developments in their respective countries having a bearing on this Memorandum.". See also, FTC release.

2/26. A grand jury of the U.S. District Court (DC) returned an twelve count indictment that charges Mark W. Everson with tax evasion and other charges. The Department of Justice (DOJ) stated in a release that Everson was a long distance telephone service entrepreneur with interests in Mid-Atlantic Telecom, Esprit Telecom and Telco Communications Group. The DOJ asserts that he realized taxable income, but created an "elaborate evasion scheme to avoid paying the tax that the law requires" through offshore entities and transactions. The DOJ asserts that he "failed to pay approximately $170 million in federal income taxes and $40 million in D.C. income taxes."

2/23. Securities and Exchange Commission (SEC) Commissioner Paul Atkins gave a speech in Atlanta, Georgia, to the Atlanta Chapter of the National Association of Corporate Directors, in which he addressed the Sarbanes Oxley Act, SEC regulations, and the stifling of investment and innovation by securities regulation. He said that "I do have concerns about the Act and what we have done to implement it. Underlying all my other concerns is a basic philosophical one, namely that we must not allow the American economy to be unduly encumbered by a web of regulations that stifles investment, innovation, and entrepreneurship." He added that "Although Sarbanes-Oxley has federalized corporate governance issues to some extent, we must continue to acknowledge that a variety of approaches to corporate governance is acceptable and indeed desirable. Flexibility encourages innovation."

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The House will return from its Presidents Day recess at 2:00 PM. It will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Republican Whip notice.

9:30 AM. The Senate Judiciary Committee will hold a hearing on the nomination of William Myers to be a Judge of the U.S. Court of Appeals for the 9th Circuit. Sen. Arlen Specter (R-PA) will preside. Press contact: Blain Rethmeier (Specter) at 202 224-5225, or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

9:30 AM to 4:00 PM. The U.S. Patent and Trademark Office's (USPTO) Trademark Public Advisory Committee (TPAC) will meet. Jon Dudas, Director of the USPTO, is scheduled to speak at 10:00 AM. See, agenda. Location: 600 Dulany Street, Madison West -- 10D31, Alexandria, VA.

10:00 AM. The House Appropriations Committee's Subcommittee on Science, State, Justice, and Commerce, and Related Agencies will hold a hearing. Attorney General Alberto Gonzales will testify. The hearing will be webcast. Location: Room 2359, Rayburn Building.

2:00 PM. Public Knowledge will hold a news conference regarding the filing of briefs in MGM v. Grokster, a copyright case regarding P2P systems. The Supreme Court will hear oral argument on March 29. The speakers will be Fred von Lohmann (counsel for Streamcast), Mike Weiss (CEO of Streamcast), Michael Page (attorney for Grokster), Gigi Sohn (Public Knowledge), Mark Cooper (Consumer Federation of America), Gary Shapiro (Consumer Electronics Association), Ed Black (Computer and Communications Industry Association), and Deirdre Mulligan (UC Berkley Law School). For more information, contact Art Brodsky at 202 518-0020 ext 103. Location: 1875 Connecticut Ave., NW, Suite 650.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Report and Order and Further Notice of Proposed Rulemaking (FNPRM) [54 pages in PDF] regarding the children's programming obligations of digital television broadcasters. This item is FCC 04-221 in MM Docket 00-167. See, story titled "FCC Adopts Report and Order Re Children's Programming Obligations of DTV Broadcasters" in TLJ Daily E-Mail Alert No. 975, September 13, 2004.

Deadline to submit initial comments to the Federal Communications Commission (FCC) to assist it in preparing the report required by Section 208 of the Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA). The SHVERA requires the FCC to "complete an inquiry regarding the impact on competition in the multichannel video programming distribution market of the current retransmission consent, network nonduplication, syndicated exclusivity, and sports blackout rules, including the impact of those rules on the ability of rural cable operators to compete with direct broadcast satellite industry in the provision of digital broadcast television signals to consumers. Such report shall include such recommendations for changes in any statutory provisions relating to such rules as the Commission deems appropriate." See, FCC notice [4 pages in PDF]. This Public Notice is DA 05-169. See also, notice in the Federal Register, February 8, 2005, Vol. 70, No. 25, at Pages 6593-6595.

The House will meet at 10:00 AM for legislative business. It will consider several non-technology related items under suspension of the rules. See, Republican Whip notice.

10:00 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled "Competition in the Communications Marketplace: How Technology Is Changing the Structure of the Industry". See, notice. The hearing will be webcast by the Committee. Press contact: Jon Tripp (Barton) at 202 225-5735 or Sean Bonyun (Upton) at 202 225-3761. Location: Room 2123, Rayburn Building.

TIME? The House Homeland Security Committee's (HHSC) Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity will hold a hearing on the President's FY 2006 budget request. Deborah Spero, Deputy Commissioner of the U.S. Customs and Border Protection (CBP), Jim Williams, Director of the DHS's US-VISIT program, and Carol DiBattiste, Deputy Administrator of the Transportation Security Administration (TSA) will testify. The HHSC states that this hearing is at 2:00 PM. The DHS states that it is at 2:00 PM. Location: Room 2325, Rayburn Building.

10:30 AM. The Senate Appropriations Committee's Subcommittee on Homeland Security will hold a hearing on the President's FY 2006 budget request for (1) states, citizenship and immigration services, (2) customs and border protection, and (3) immigration and customs enforcement. The witnesses will be Robert Bonner, Commissioner of U.S. Customs and Border Protection, Michael Garcia, Assistant Secretary, Immigration and Customs Enforcement, and Eduardo Aguirre, Director, U.S. Citizenship and Immigration Services. Location: Room 138, Dirksen Building.

2:00 PM. The House Appropriations Committee's Subcommittee on Science, State, Justice, and Commerce, and Related Agencies will hold a hearing on the President's FY 2006 budget request. Secretary of Commerce Carlos Guitierrez will testify. The hearing will be webcast. Location: Room 2358, Rayburn Building.

2:00 PM. The House Appropriations Committee's Subcommittee on Homeland Security will hold a hearing on the President's FY 2006 budget request. Secretary Michael Chertoff will testify. The hearing will be webcast. Location: Room 2359, Rayburn Building.

2:00 - 4:00 PM. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare for the International Telecommunications Union's (ITU) Telecommunication Standardization Advisory Group (TSAG) meeting. See, the ITU's calendar of meetings. See, notice in the Federal Register, December 20, 2004, Vol. 69, No. 243, at Page 76027. For more information, including the location, contact Julian Minard at minardje@state.gov. Location: undisclosed.

Day one of a three convention hosted by the Center for Homeland and Global Security titled "4th Annual Homeland and Global Security Summit". Charles McQuery, Under Secretary of Homeland Security, will speak at 1:15 PM. Stewart Verdery, Assistant Secretary Secretary of Homeland Security, will speak at 1:40 PM. See, notice. Location: Washington Convention Center.

The House will meet at 10:00 AM for legislative business. It will consider several non-technology related items under suspension of the rules. See, Republican Whip notice.

8:30 AM - 4:00 PM. The Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Manufacturing Research and Development Interagency Working Group (IWG) will hold a one day public forum on manufacturing research and development in nanomanufacturing, manufacturing for the hydrogen economy, and intelligent and integrated manufacturing systems. See, notice in the Federal Register, February 1, 2005, Vol. 70, No. 20, at Page 5181. Location: auditorium, Department of Commerce, 1401 Constitution Ave., NW.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

2:30 PM. The Senate Judiciary Committee will hold a hearing on several judicial nominees: Terrence Boyle, (to be a Judge of the U.S. Court of Appeals for the 4th Circuit), James Dever (U.S. District Court for the Eastern District of North Carolina), and Robert Conrad (U.S. District Court for the Western District of North Carolina). See, notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

3:00 PM. The House Armed Services Committee's Subcommittee on Terrorism, Unconventional Threats and Capabilities will hold a hearing the Fiscal Year 2006 national defense authorization budget request on tactical command, control, communications, and computer (C-4) systems. The hearing is titled "Why Does the DoD Have So Many Different Systems Performing the Same Functionally?". The witnesses will be Linton Wells (Acting Assistant Secretary of Defense for Networks and Information Integration), Vice Admiral R.F. Willard (U.S. Navy, Director for Force Structure, Resources and Assessment), Lt. Gen. Robert Shea (U.S. Marine Corps, Director for Command, Control, Communications and Computer Systems), and Lt. Gen. Robert Wagner (U.S. Army, Deputy Commander, United States Forces Command). Location: Room 2212, Rayburn Building.

2:30 PM. The Senate Judiciary Committee will hold a hearing on judicial nominees. Sen. Arlen Specter (R-PA) will preside. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

4:00 PM. David Nimmer (Irell & Manella) will present a draft paper titled "Codifying Copyright Comprehensively". See, notice of event. This event is part of the Spring 2005 Intellectual Property Workshop Series sponsored by the Dean Dinwoodey Center for Intellectual Property Studies at the George Washington University Law School (GWULS). For more information, contact Robert Brauneis at 202 994-6138 or rbraun at law dot gwu dot edu. The event is free and open to the public. Location: GWULS, Faculty Conference Center, Burns Building, 5th Floor, 716 20th St., NW.

TIME? There will be a meeting of the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Committee on Science's Subcommittee on Research Business Methods. The meeting is closed to the public. For more information, contact Megan Columbus at 301 435-0937. Location: undisclosed.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "FCBA Biennial Congressional Reception". The price to attend ranges from $25 to $75. See, registration form [PDF]. Location: Room HC-5, Capitol Building.

Day two of a three convention hosted by the Center for Homeland and Global Security titled "4th Annual Homeland and Global Security Summit". See, notice. Location: Washington Convention Center.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding BellSouth's and Sprint's petition for reconsideration of the FCC's schools and libraries Fifth Report and Order. The FCC adopted this 5th R&O at its August 4, 2004 meeting, and released it on August 13, 2004. See, FCC Public Notice (DA 05-103). This 5th R&O is FCC 04-190 in CC Docket No. 02-6.

Day three of a three convention hosted by the Center for Homeland and Global Security titled "4th Annual Homeland and Global Security Summit". See, notice. Location: Washington Convention Center.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding Qualcomm's Petition for Declaratory Ruling seeking clarification of rules and the establishment of a streamlined review process to accelerate the deployment of new services in the 700 MHz band. See, FCC Public Notice (DA 05-87). This proceeding is WT Docket No. 05-7.

Deadline to submit comments to Institute for Defense Analyses (IDA) in response to the Department of Defense's (DOC) and Department of Homeland Security's (DHS) National Cyber Security Division's (NCSD) request for public comments regarding the National Information Assurance Partnership (NIAP) and security flaws in commercial software products. See, notice in the Federal Register, February 2, 2005, Vol. 70, No. 21, at Page 5420.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in i2way v. FCC, No. 03-1174. This is a petition for review of an order of the Federal Communications Commission (FCC) interpreting its rule that provides that no more than ten channels for a trunked mobile radio operation may be applied for in a single application. See, FCC's brief [25 pages in PDF]. Judges Randolph, Roberts and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Storage Technology, Corp. v. Custom Hardware Engineering & Consulting, Inc., No. 04-1462. This is an appeal from the U.S. District Court (DMass), in a case involving patent infringement, DMCA, copyright, trade secret and antitrust claims. This is D.C. No. 02-12102-RWZ. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ericsson Radio Systems, Inc. v. Interdigital Comm. Corp., a patent case involving cell phone technology. This is an appeal from the U.S. District Court (NDTex), D.C. No. 04-1484, Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Space Systems v. Lockheed Martin, 04-1501. Location: Courtroom 203, 717 Madison Place, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch "to discuss and plan upcoming programs". RSVP to Tammi Foxwell at tfoxwell at dlalaw dot com or 202 776-2699. Location: Dow Lohnes & Albertson, 1200 New Hampshire Ave., NW, 8th floor.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in PMI Photomagic, Ltd. v. Foto Fantasy, Inc., No. 04-1362. Location: Courtroom 402, 717 Madison Place, NW.

2:00 PM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on the nomination of Michael Jackson to be Deputy Secretary of Homeland Security. See, notice. Location: Room 342, Dirksen Building.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in Mirror Imaging, LLC v. Affiliated Computer Services, Inc., No. 04-1479. Location: Courtroom 402, 717 Madison Place, NW.

Deadline to submit comments to the Office of Personnel Management (OPM) in response to its notice of proposed rulemaking (NPRM) regarding various pay and work schedule issues. Among the subjects addressed in this NPRM is the e-Payroll initiative. See, notice in the Federal Register, January 5, 2005, Vol. 70, No. 3, at Pages 1067 - 1110.