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April 6, 2005, 9:00 AM ET, Alert No. 1,110.
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Senate Judiciary Committee Holds Hearing on PATRIOT Act

4/5. The Senate Judiciary Committee held a hearing titled "Oversight of the USA PATRIOT Act". The witnesses were Attorney General Alberto Gonzales and FBI Director Robert Mueller.

Both submitted written statements, and read shorter opening statements. See, longer written statement of Gonzales and longer written statement of Mueller.

The House and Senate have just returned from their two week spring recess, and begun in earnest the process of re-examining the USA PATRIOT Act. This is an acronym for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001". It was enacted after the terrorist attacks of September 11, 2001 by the 107th Congress as HR 3162. It became Public Law 107-56 on October 26, 2001.

There are sixteen sections of Title II, which cover electronic surveillance, information technology, and searches and seizures, that are set to sunset on December 31, 2005. These sections of the PATRIOT Act modified numerous sections of the criminal code and the Foreign Intelligence Surveillance Act (FISA).

President Bush wants to extend all of the sunsetting provisions. See, story titled "Bush Seeks Extension of Sunsetting Provisions of the PATRIOT Act" in TLJ Daily E-Mail Alert No. 1,077, February 15, 2005.

The Senate Judiciary Committee held the first of two public hearings on April 5. The House Judiciary Committee will hold the first of many public hearings on April 6.

There are several developments.

First, the Bush administration has softened its position. During the 108th Congress former Attorney General John Ashcroft took the position that none of the provisions of the PATRIOT Act should be sunsetted or rolled back, and that proponents of sunsetting these provisions were misguided or misinformed. President Bush gave a series of speeches in quick succession last year in which he similarly defended the PATRIOT Act, and attacked its critics.

There is now a new Attorney General, Alberto Gonzales. He stated at the hearing that he supports certain limited changes to some provisions of the PATRIOT Act, and is willing to listen to proposals for further changes.

Second, there is a new Chairman of the Senate Judiciary Committee, Sen. Arlen Specter (R-PA). He is more supportive of modifications to the PATRIOT Act than his predecessor, Sen. Orrin Hatch (R-UT). Sen. Hatch defended and praised the Department of Justice (DOJ) and the PATRIOT Act at the hearing. Sen. Specter told Gonzales and Mueller at the hearing that "I think that there has to be some give on some of these issues."

Third, the Senate hearing revealed that some of the internet related provisions of the PATRIOT Act may not be among the priorities of the Senators on the Committee. Little was said about the PATRIOT Act's extension of pen register and trap and trace device authority to internet communications. Even less was said about the PATRIOT Act's sections regarding interception of computer trespasser communications and emergency disclosure of electronic communications.

Fourth, § 215 of the PATRIOT Act appears to be the most controversial issue in the minds of members of the Senate Judiciary Committee, and with critics of the Act. Many of the Senators spoke adamantly about § 215, either in support of it, or against it. This section pertains to access to business records under the FISA. The relevant statutory provisions do not reference library records, but no one disputes that they are covered. The American Library Association (ALA) has long been actively seeking repeal of § 215.

Fifth, the Bush administration supports some changes to § 215, while critics of § 215 argue that these changes do not go far enough.

Sixth, the Department of Justice (DOJ), which heretofore has released very little useful information about its use of various provisions of the PATRIOT Act, has in the last few days provided some previously undisclosed information.

Finally, on April 5 three Senators held a news conference to announce the reintroduction of the SAFE Act. Sen. Larry Craig (R-ID) and Sen. Richard Durbin (D-IL) are again sponsors of the legislation. One new development is that Sen. Ken Salazar (D-CO), who was first elected to the Senate in November of 2004, is now a sponsor.

Senate Judiciary Committee Hearing Touches on Pen Register and Trap and Trace Device Authority

4/5. The Senate Judiciary Committee hearing titled "Oversight of the USA PATRIOT Act" included some discussion of pen register and trap and trace device (PR&TTD) authority. The PATRIOT Act provides that this authority also extends to addressing and routing information for internet communications.

FBI Director Robert Mueller addressed this topic in his longer written statement. Attorney General Alberto Gonzales also addressed this in his written statement. Also, Sen. Russ Feingold (D-WI) spoke about this during one round of questions.

Background. There are wiretap orders, pen registers and trap and trace device orders, and Foreign Intelligence Surveillance Act (FISA) orders. A wiretap order, which enables law enforcement agencies to obtain the content of a phone call or e-mail, is issued by a judge upon a showing of probable cause. This is often referred to as a Title III order. This is a very high standard.

There is a much lower standard for law enforcement agencies to obtain pen register and trap and trace orders, which merely obtain outgoing and incoming phone numbers, and since passage of the PATRIOT Act, e-mail addressing and routing information. The order must be issued if the government asserts mere relevance to a criminal investigation; the judge has no discretion. The Supreme Court has upheld this procedure on the basis that only phone numbers are obtained.

Finally, there is a separate, and low, standard for FISA orders. Under the PATRIOT Act, a significant purpose of the surveillance must be foreign intelligence gathering.

The statutes for wiretaps and PR&TTD orders were drafted with analog Public Switched Telephone Network (PSTN) voice service in mind. Originally, 18 U.S.C. § 3127 provided that a pen register records the numbers that are dialed or punched into a telephone, while a trap and trace device captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. The PATRIOT Act expanded the scope of surveillance under pen register and trap and trace authority to include internet routing and addressing information. That is, an e-mail address in the "To:" line of an e-mail message is somewhat analogous to the number dialed in a PSTN voice call. However, this expanded authority also applies to new technologies for collecting addressing and routing information, such as the FBI's Carnivore system.

The PATRIOT Act did not change the standard for either wiretaps (a showing of probable cause) or PR&TTD orders (an assertion of mere relevance to a criminal investigation). It did, however, lower the standard for issuance of a FISA order. The statute required that the "primary purpose" of the surveillance be foreign intelligence gathering. The PATRIOT Act changed this to "a significant purpose". The PATRIOT Act made it easier for the government to get a FISA order.

Robert MuellerMueller's Written Statement. Mueller (at right) addressed PR&TTD authority under § 214 in his longer written statement. This section pertains to "Pen register and trap and trace authority under FISA"

However, he did not address § 216, which pertains to "Modification of authorities relating to use of pen register and trap and trace devices". § 214, but not § 216, is scheduled to sunset at the end of this year. Although, some have argued that § 216 should also be repealed.

§ 216 expanded the concept of PR&TTD to online communications for the purpose of criminal investigations. § 214 expanded PR&TTD authority in the context of the FISA.

Mueller wrote that "The FBI may now obtain a FISA pen/trap and trace order from the court if ``the information likely to be obtained is foreign intelligence information not concerning a United States person, or is relevant to an ongoing investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.´´ This provision eliminated the previous requirement that the application also contain specific and articulable facts giving reason to believe that the targeted line was being used by an agent of a foreign power, or was in communications with such an agent, under specified circumstances. This provision now more closely tracks the requirements to obtain a pen/trap order under the criminal provisions set forth in 18 U.S.C. § 3123. The provision also expands the FISA pen/trap to include electronic communications, comparable to the criminal pen/trap provision."

He continued that "The results from these pen/trap orders often help agents to determine links between the subjects of different terrorism investigations, identify other unknown associates of the subject, discover contacts for potential assets, and develop the subject’s personal profile. When pen/trap orders are quickly obtained, they allow agents to more quickly identify the associates tied to the subject of international terrorism investigations than if the agents were required to wait for service providers to respond to subpoenas for toll records, which can take several months. The old standard required more fact gathering to meet the threshold to obtain the pen/trap order, making this technique less effective and sometimes even preventing the use of this technique altogether if the window of opportunity was missed. The FISA pen/trap orders that have been obtained have been used on both terrorism and counterintelligence cases."

He added that "In one terrorism case, the only phone that the Field Office could prove was used by the subject was his associate’s phone. Additionally, the Field Office had insufficient information that this associate was an agent of a foreign power. Thus, under the previous standard for a FISA pen/trap, the office may not have succeeded in obtaining the FISA pen/trap order. The standard established by Section 214 allowed the agents to obtain the pen/trap order by demonstrating that the information to be collected was relevant to an ongoing terrorism investigation. The information obtained by the pen/trap was valuable because it demonstrated the extent that the subject and his associate were communicating with subjects of other terrorism investigations."

Gonzales' Written Statement. Gonzales wrote that "A pen register or trap-and-trace device can track routing and addressing information about a communication – for example, which numbers are dialed from a particular telephone. Such devices, however, are not used to collect the content of communications."

"Under FISA, intelligence officers may seek a court order for a pen register or trap-and-trace to gather foreign intelligence information or information about international terrorism. Prior to the enactment of the USA PATRIOT Act, however, FISA required government personnel to certify not just that the information they sought to obtain with a pen register or trap-and-trace device would be relevant to their investigation, but also that the particular facilities being monitored, such as phones, were being used by foreign governments, international terrorists, or spies. As a result, it was much more difficult to obtain a pen register or trap-and-trace device order under FISA than it was under the criminal wiretap statute, where the applicable standard was and remains simply one of relevance in an ongoing criminal investigation."

He also wrote that "Section 214 of the Act simply harmonized the standard for obtaining a pen register order in a criminal investigation and a national-security investigation by eliminating the restriction limiting FISA pen register and trap-and-trace orders to facilities used by foreign agents or agents of foreign powers. Applicants must still, however, certify that a pen register or trap-and-trace device is likely to reveal information relevant to an international terrorism or espionage investigation or foreign intelligence information not concerning a United States person. This provision made the standard contained in FISA for obtaining a pen register or trap-and-trace order parallel with the standard for obtaining those same orders in the criminal context. Now, as before, investigators cannot install a pen register or trap-and-trace device unless they apply for and receive permission from the FISA Court."

Sen. Russ FeingoldSen. Feingold's Comments. Sen. Feingold (at right) was the only member to discuss at length PR&TTD authority. He did not use this hearing to advocate sunsetting or repealing any of the PR&TTD provisions. Rather, he discussed, and asked questions regarding, the scope of information that can be acquired under a PR&TTD order.

He made the point that while distinguishing between telephone numbers and the content of voice communications is easy in the context of PSTN communications, distinguishing between addressing and routing information and the content of internet communications is not easy.

Sen. Feingold asked how the Department of Justice determines whether something is content or non-content in the context of internet communications?

Attorney General Gonzales then spoke. He said that "it is appropriate to assure that content is not being collected" under a PR&TTD order. But, he did not answer Sen. Feingold's question. The Senator did not press the matter.

If, for example, investigators can obtain content information under a criminal PR&TTD order, then they will have circumvented the probable cause requirement for the issuance of a Title III order.

Sen. Specter Discusses His Health

4/5. Sen. Arlen Specter (R-PA) presided at the Senate Judiciary Committee's hearing titled "Oversight of the USA PATRIOT Act". The hearing ran for over three hours. He then met privately with the witnesses, Attorney General Alberto Gonzales and FBI Director Robert Mueller.

Sen. Arlen SpecterIn early February, Sen. Specter (at right) announced that he has been diagnosed with Hodgkin's disease, a cancer of the lymph system. See, release.

He held a news conference on February 24, 2005, at which he stated that he expects to be able to carry out his duties as Chairman of the Committee. See, story titled "Sen. Specter Holds News Conference" in TLJ Daily E-Mail Alert No. 1,083, February 25, 2005.

Sen. Specter stated at the April 5 hearing that "I have had a third of the treatments. I am doing fine." He also stated that his doctors have predicted full recovery.

People and Appointments

3/31. Lydia Parnes was named Director of the Federal Trade Commission's (FTC) Bureau of Consumer Protection. She was the acting Director. She has worked for the FTC since 1981. See, FTC release.

More News

4/4. The Department of Commerce's Office of Technology Policy released a report [31 pages in PDF] titled "The Digital Freedom Initiative Annual Report". The Bush administration announced its Digital Freedom Initiative on March 4, 2003. See, story titled "Bush Administration Announces Digital Freedom Initiative" in TLJ Daily E-Mail Alert No. 617, March 5, 2003.

4/1. The Federal Communications Commission (FCC) released an order [65 pages in PDF] in its proceeding titled "In the Matter of Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems: E911 Phase II Compliance Deadlines for Tier III Carriers". The FCC adopted this item on March 22, 2005, and released it on April 1. It is FCC 05-79 in CC Docket No. 94-102.

4/4. The Federal Communications Commission (FCC) released a report [14 pages in PDF] titled "FCC Amended Report to Congress on the Deployment of E911 Phase II Services by Tier III Service Providers".

4/1. The Federal Trade Commission (FTC) released a report [51 pages in PDF] titled "The FTC in 2005: Standing Up for Consumers and Competition". See also, FTC release summarizing this report.

3/31. The Progress and Freedom Foundation (PFF) released a paper [7 pages in PDF], written by Ray Gifford, titled "Standards in the Digital Age", which is based upon a speech that he gave in Milan, Italy, in February. The paper states that "Because no one stands to gain from improvement of non-proprietary standards, there is no incentive to innovate with the standard. ... Open standards are not costless though. With open standards, you tend to trade off competition for the standard for competition within the standard." The paper argues that "we should be the most respectful of these closed, proprietary standards because they probably represent the best form of Schumpeterian competition for the standard -- entailing big risk but promising enormous reward if successful. This is where we would expect the innovation to be the most pronounced and the integration to be the most beneficial." It concludes that "For public policy, all this should inspire a great deal of caution for mandating any given outcome or specific standard. Because there are undeniable trade-offs from any standard-setting decision, governments should: a) be wary of thinking they have sufficient foresight to make proper standard-setting decisions; and b) be deferential to private attempts at standard setting."

4/3. Kyle McSlarrow, the new P/CEO of the National Cable & Telecommunications Association (NCTA), gave a speech at an NCTA convention in San Francisco, California, in which he discussed regulatory issues. He said, with respect to voice over internet protocol, that "we must avoid reflexively applying traditional rules of the road. We believe that VOIP should be subject to minimal regulation. In return, we accept the responsibility of providing emergency 9-1-1 service, meeting certain requirements to allow law enforcement to fight crime and terrorism, and participating in the Universal Service Fund." He also said that "like services should be treated alike" and that "these services are most appropriately regulated under uniform national standards".

Washington Tech Calendar
New items are highlighted in red.
Wednesday, April 6

The House will meet at 10:00 AM for legislative business. See, Republican Whip Notice.

The Senate will meet at 9:30 AM. It will consider S 600, the State Department Authorization Bill, Fiscal Years  2006-2007.

The Department of Homeland Security's (DHS) Data Privacy and Integrity Advisory Committee will hold a day long meeting. Nuala Kelly (DHS Chief Privacy Officer ) will speak at 8:30 AM. The other speakers include Assistant Secretary Parney Albright, Acting Under Secretary Randy Beardsworth, Acting Under Secretary Matthew Broderick, Under Secretary Michael Brown, and Under Secretary Janet Hale. Location: Colonial Room, Mayflower Hotel, 1127 Connecticut Ave., NW.

9:00 AM - 1:00 PM. The Department of Commerce (DOC) will host a half day workshop on radio frequency identification (RFID) technology. See, DOC notice [PDF]. Location: DOC, 1401 Constitution Ave., NW.

10:00 AM. The House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing titled "Digital Music Interoperability and Availability". The witnesses will be Mark Cooper (CFA), Ray Gifford (PFF), William Pence (Napster), and Michael Bracy (Future of Music Coalition). The hearing will be webcast by the Committee. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Finance Committee will meet with labor and trade ministers from Central America and the Dominican Republic to discuss recent labor law developments in their home countries and the U.S.-Central America-Dominican Republic Free Trade Agreement. After the meeting, at about 10:20 AM, Sen. Charles Grassley (R-IA), and some of the ministers, will answer questions from reporters. Location: Room 628, Dirksen Building.

RESCHEDULED FOR APRIL 13. 10:00 AM. The Senate Finance Committee will hold a hearing on the U.S. Dominican Republic Central America Free Trade Agreement (CAFTA). Location: Room 628, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Network Commerce v. Microsoft, No. 04-1445. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Hynix Semiconductor v. U.S., No. 04-1417. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in In Re Steelbuilding.com, No. 04-1447. This is an appeal from the U.S. Patent and Trademark Office's (USPTO) Trademark Trial and Appeal Board 's (TTAB) disposition [28 pages in PDF] affirming the denial of an application to register the mark Steelbuilders.com. The TTAB held that it "is merely descriptive and generic for the services recited in the application and that applicant has not demonstrated that it has acquired distinctiveness". Location: Courtroom 203, 717 Madison Place, NW.

1:00 PM. The House Judiciary Committee will hold a hearing on the USA PATRIOT Act. The witness will be Attorney General Alberto Gonzales. The hearing will be webcast by the Committee. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

1:30 PM. The House International Relations Committee' Subcommittee on the Western Hemisphere will hold a hearing titled "China's Influence in the Western Hemisphere". See, notice. Location: Room 2172, Rayburn Building.

Thursday, April 7

The House will meet at 10:00 AM for legislative business. See, Republican Whip Notice.

9:30 AM. The House International Relations Committee will hold a hearing titled "Defense Trade: Arms Export Controls in the Post- 9/11 Security Environment". Location: Room 2172, Rayburn Building.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. The agenda includes consideration of several non-technology related bills, and consideration of several judicial nominees, including Terrence Boyle (to be a Judge of the U.S. Court of Appeals for the 4th Circuit), Priscilla Owen (5th Circuit), Robert Conrad (Western District of North Carolina), James Dever (Eastern District of North Carolina), and Thomas Griffith (District of Columbia Circuit). All of these nominees have been listed on past agendas. See, notice. 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.

10:00 AM. The House Government Reform Committee will hold a hearing on the Federal Information Security Management Act. Location: Room 2154, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in AT&T v. Microsoft, No. 04-1285. This is an appeal from the U.S. District Court (SDNY) in a patent infringement case. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 1:30 PM. The DC Bar Association will host a panel discussion titled "Current Topics in Patent Law: The CREATE ACT and the Impact on the Patent Practice". The scheduled speakers are Stephen Maebius (Foley & Lardner), Jeffrey Kushan (Sidley Austin), and Stephen Belisle (Fitzpatrick Cella Harper & Scinto). See, notice. Prices vary from $10 to $30. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

12:15 - 2:00 PM. The Forum on Technology and Innovation will host a panel discussion titled "The Future of U.S. Manufacturing - Does Making Anything Matter in the 21st Century". See, notice and registration pages. Lunch will be served. Location: Reserve Officers Association, 5th floor, One Constitution Ave., NE.

2:30 PM. The Senate Judiciary Committee's Subcommittee on Intellectual Property will hold a hearing titled "The Patent System Today and Tomorrow". Sen. Orrin Hatch (R-UT) will preside. See, notice. 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.

Friday, April 8

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Program Suppliers v. Librarian of Congress, No. 04-1070. Judges Sentelle, Randolph and Tatel will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Korszun v. Public Technologies Multimedia, No. 04-1504. This is an appeal from the U.S. District Court (DConn) in a software patent case. Location: Courtroom 402, 717 Madison Place, NW.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a panel discussion titled "The Indecency Debate: Should Congress Extend Broadcast Rules to Other Media?". The speakers will be Adam Thierer (PFF), Jill Luckett (National Cable Telecommunications Association), and Jerald Fritz (Allbritton Communications). Press contact: Patrick Ross at 202 289-8928. See, notice and registration pages. Location: Room B389, Rayburn Building, Capitol Hill.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) [460 pages in PDF] in its proceeding titled "In the Matter of: Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004 Implementation of Section 340 of the Communications Act". See also, FCC release [PDF]. This NPRM is FCC 05-24 in MB Docket No. 05-49. The FCC adopted this NPRM on February 4, 2005, and released it on February 7, 2005. See, story titled "FCC Releases SHVERA NPRM Regarding Significantly Viewed Signals" in TLJ Daily E-Mail Alert No. 1,073, February 9, 2005.

Deadline to submit initial comments to the Federal Communications Commission (FCC) to assist it in preparing its annual report to the Congress regarding progress made to achieve the objectives and carry out the purposes and provisions of Open-Market Reorganization for the Betterment of International Telecommunications Act (ORBIT Act). See, FCC notice [PDF]. This proceeding is IB Docket No. 04-158.

Monday, April 11

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Northpoint Technologies v. FCC, No. 02-1194. Judges Sentelle, Rogers and Tatel will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

2:00 PM. The Senate Commerce Committee will hold a hearing S 241, a bill to exempt the Universal Service support taxes and subsidies from the Anti-deficiency Act. See, notice. Press contact: Melanie Alvord or Aaron Saunders (Stevens) at 202 224-8456 or 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. Location: Room 385, Russell Building. (This is not the Committee's hearing room.)

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Must Carry/Retrans Consent". Location: Dow Lohnes & Albertson, 1200 New Hampshire Ave., NW.

Deadline to submit to the Federal Communications Commission (FCC) oppositions to petitions to deny Nextel's and Sprint's joint applications for FCC approval of the transfer of control to Sprint of the licenses and authorizations held both by Nextel. That is, this is a merger review proceeding. See, FCC Public Notice [7 pages in PDF], No. DA 05-502, in WT Docket No. 05-63. On December 15, 2004, the two companies announced a "definitive agreement for a merger of equals". See, Nextel release and release.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to BellSouth's petition for pricing flexibility for switched access services. See, FCC Public Notice DA 05-740 in WC Docket No. 05-148.

Tuesday, April 12

9:30 AM. The House Appropriation's Committee's Subcommittee on Transportation, Treasury, and Housing and Urban Development, The Judiciary, District of Columbia will hold a hearing on the federal judiciary. See, notice. Location: Room 2358, Rayburn Building.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host a luncheon. The speaker will be Rep. Joe Barton (R-TX), the Chairman of the House Commerce Committee. Prices vary from $35 to $65. See, registration form [PDF]. Registrations and cancellations are due by 5:00 PM on April 7. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

1:00 PM. The House Appropriation's Committee's Subcommittee on Transportation, Treasury, and Housing and Urban Development, The Judiciary, District of Columbia will hold a hearing on the Supreme Court. Supreme Court Justice Clarence Thomas will testify. See, notice. Location: Room 2358, Rayburn Building.

6:00 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Pam Slipakoff at 202 418-7705 or pam.slipakoff@fcc.gov. Location: Andale, 401 7th Street, NW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "What You Need to Know About the DMCA and Its Application". The scheduled speakers are Peter Jaszi (American University Law School), Robert Kasunic (U.S. Copyright Office), Stacey King (Finnegan Henderson), and Alan Lewine (Litman Law Offices). See, notice. Prices vary from $70 to $115. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

Wednesday, April 13

9:30 AM. The Senate Judiciary Committee will hold a hearing "to examine securing electronic personal data, focusing on striking a balance between privacy and commercial and governmental use". 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.

RESCHEDULED FROM APRIL 6. 10:00 AM. The Senate Finance Committee will hold a hearing on the U.S. Dominican Republic Central America Free Trade Agreement (CAFTA). Location: Room 628, Dirksen Building.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "How to Prosecute a Trademark Before the U.S. Patent and Trademark Office". The scheduled speakers are Leigh Ann Lindquist (Sughrue Mion), Mark Bergsman (Dickstein Shapiro Morin & Oshinsky), and Jody Drake (Sughrue Mion). See, notice. Prices vary from $70 to $115. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

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