4/14. The Senate Commerce Committee approved S 432, the "Minority Serving Institution Digital & Wireless Technology Opportunity Act of 2005", by unanimous consent, without amendment.

This bill is similar to a bill that the Senate approved in 2003, S 196 (108th Congress). The companion bill in the House was HR 2183 (108th).

Sen. George Allen (R-VA) (at right), and others, introduced this bill on February 17, 2005. It  would create a new office at the National Science Foundation (NSF) named the Office of Minority Serving Institution Digital and Wireless Technology. The bill would also authorize the appropriation of $250,000,000 for each of the fiscal years 2006 through 2010 for grants to be administered by this new office.

The institutions eligible for grants would include "a historically Black college or university", "a Hispanic-serving institution", and "a tribally controlled college or university".

Grants could be used "to acquire the equipment, instrumentation, networking capability, hardware and software, digital network technology, wireless technology, and infrastructure". Grants could also be used "to develop and provide educational services, including faculty development, to prepare students or faculty ...". Grants could also be used to provide teacher training, and to "implement joint projects and consortia to provide education regarding technology".

See also, stories titled "Sen. Allen Introduces Bill to Create Technology Grant Program for MSIs" in TLJ Daily E-Mail Alert No. 586, January 20, 2003; "Senate Committee Approves Technology Grant Program for Minority Serving Institutions" in TLJ Daily E-Mail Alert No. 623, March 14, 2003; "Senate Passes Technology Grant Bill" in TLJ Daily E-Mail Alert No. 655, May 5, 2003; "Rep. Forbes Introduces Bill to Provide Grants for Digital and Wireless Technology for MSIs" in TLJ Daily E-Mail Alert No. 669, May 29, 2003; and House Science Committee Holds Hearing on MSI Tech Grant Bill" in TLJ Daily E-Mail Alert No. 695, July 10, 2003.

4/14. The Senate Commerce Committee (SCC) amended and approved S 714, the "Junk Fax Prevention Act of 2005".

Sen. Gordon Smith (R-OR), and seven other members of the SCC, introduced this bill on April 6, 2005.

The SCC's Subcommittee on Trade, Tourism, and Economic Development held a hearing on this bill on April 13.

Sen. Smith (at right) stated that "S. 714 would create a statutory exception to the current communications law prohibiting the faxing of unsolicited advertisements to individuals without their “prior express invitation or permission.” This bill would not legalize the sending of junk faxes or blast faxes which have been prohibited for 13 years and will continue to be prohibited under this bill. This bill is about continuing legitimate fax communications between businesses and customers." See, opening statement.

He elaborated that "In July of 2003, the FCC reconsidered its Telephone Consumer Protection Act (TCPA) rules and elected to eliminate the ability for businesses to contact their customers even where there exists an established business relationship. The effect of the FCC’s rule would be to prevent a business from sending a fax solicitation to any person, whether it is a supplier or customer, without first obtaining prior written consent. This approach, while seemingly sensible, would impose significant costs on businesses in the form of extensive record keeping. Recognizing the problems created by this rule, the Commission has twice delayed the effective date, with the current extension of stay expiring on June 30, 2005."

See also, prepared testimony [18 pages in PDF] of Dave Feeken (a real estate broker from Kenai, Alaska), prepared testimony [13 pages in PDF] of Jon Bladine (News-Register Publishing Company, McMinnville, Oregon), and prepared testimony [15 pages in PDF] of Steve Kirsch (Propel Software Corporation).

This bill establishes an exception to the prohibition against the sending of unsolicited faxes without express consent for parties with an "established business relationship". Specifically, this bill would amend 47 U.S.C. § 227(b)(1) to provide that "It shall be unlawful for any person within the United States ... (C) to use any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement, unless -- (i) the unsolicited advertisement is from a sender with an established business relationship with the recipient; and (ii) the unsolicited advertisement contains a notice meeting the requirements under paragraph (2)(D), except that the exception under clauses (i) and (ii) shall not apply with respect to an unsolicited advertisement sent to a telephone facsimile machine by a sender to whom a request has been made not to send future unsolicited advertisements to such telephone facsimile machine that complies with the requirements under paragraph (2)(E)".

The bill also provides for annual reports from the Federal Communications Commission (FCC), and a report by the Government Accountability Office (GAO).

The SCC unanimously approved two amendments offered by Sen. Barbara Boxer (D-CA). One amendment requires that consumers be permitted to opt out of receiving further faxes by contacting the sender at any time during the day; the bill as introduced provides that the opt out be during regular business hours. The second amendment provides that the FCC may commence a rule making proceeding to limit the duration of an established business relationship three months after enactment of the bill; the bill as introduced specifies 18 months after enactment.

The Senate approved a related bill at the end of the 108th Congress. See, S 2603 (108th) and HR 4600 (108th).

4/14. The Motion Picture Association of America (MPAA) and ESS Technology announced that they have settled the litigation initiated by MPAA members in April of 2004. See, joint release [PDF].

ESS Technology makes digital video processor and imaging sensor semiconductors for home entertainment, and camera enabled cellular phone markets, including chips for DVD recorders, DVD players, VCD players, and digital media players.

DVD is sometimes known as Digital Versatile Disc. CSS is a Content Scrambling System for DVD to protect intellectual property rights by means of encryption. The DVD Copy Control Association (DVD CCA) is a not-for-profit corporation that licenses CSS to manufacturers of DVD hardware, discs and related products.

The MPAA filed a complaint in Superior Court for Los Angeles County, California, on April 5, 2004, alleging that ESS Technology had failed to ensure that all of its customers were duly licensed by the DVD CCA. The MPAA sought injunctive relief and damages. This is case number BC 313276.

The MPAA and ESS Technology stated in their joint release that "ESS will sell chips only to DVD CCA licensees under the terms of a permanent injunction".

See also, ESS Technology's disclosures regarding this litigation in the "Legal Proceedings" section of its August 9, 2004 Form 10-Q, filed with the Securities and Exchange Commission (SEC).

4/14. The OpenNet Initiative (ONI) released a report [58 pages in PDF] titled "Internet Filtering in China in 2004-2005: A Country Study". It found that internet filtering in the People's Republic of China is "pervasive, sophisticated, and effective. It comprises multiple levels of legal regulation and technical control. It involves numerous state agencies and thousands of public and private personnel. It censors content transmitted through multiple methods, including Web pages, Web logs, on-line discussion forums, university bulletin board systems, and e-mail messages."

The ONI report addresses what content is filtered. It finds that while there is filtering of many Chinese political topics, such as Taiwanese and Tibetan independence, and the Tiananmen Square massacre, "most major American media sites, such as CNN, MSNBC, and ABC, are generally available in China (though the BBC remains blocked). Moreover, most sites we tested in our global list’s human rights and anonymizer categories are accessible as well."

The report also addresses the technology of filtering. It finds that "Filtering takes place primarily at the backbone level of China’s network, though individual Internet service providers also implement their own blocking. Our research confirmed claims that major Chinese search engines filter content by keyword and remove certain search results from their lists. Similarly, major Chinese Web log (“blog”) service providers either prevent posts with certain keywords or edit the posts to remove them. We found also that some keyword searches were blocked by China’s gateway filtering and not the search engines themselves."

This report was prepared by Jonathan Zittrain, John Palfrey and others. The ONI is a partnership of the Citizen Lab at the Munk Centre for International Studies at the University of Toronto, the Berkman Center for Internet & Society at Harvard Law School, and the Advanced Network Research Group at the University of Cambridge.

See also, stories titled "AEI Panel Advocates Freeing the Chinese Internet" and "Technology of Internet Censorship" in TLJ Daily E-Mail Alert No. 416, April 23, 2002.

4/14. President Bush nominated Rep. Robert Portman (R-OH) to be the U.S. Trade Representative (USTR). Bush had previously announced that he would make this nomination. See, White House release. The Senate Finance Committee announced that it will hold a hearing on the nomination on Thursday, April 21, at 10:00 AM.

4/13. The Senate Finance Committee held a hearing on the U.S. Dominican Republic Central America Free Trade Agreement (CAFTA). The acting U.S. Trade Representative (USTR), Peter Allgeier, wrote in his prepared testimony [11 pages in PDF] that "This is also a trade agreement for the digital age, providing state-of-the-art protections and nondiscriminatory treatment for digital products such as U.S. software, music, text, and videos. Protections for U.S. patents, trademarks and trade secrets are strengthened, and several are Chile plus provisions, such as strong patent protection by 2007 for certain modified plant varieties."

4/13. The Federal Communications Commission (FCC) published in its web site its brief [21 pages in PDF] in Kidd Communications v. FCC. This case is Kidd Communications v. FCC, U.S. Court of Appeals for the District of Columbia, No. 04-1274, an appeal from a final order of the FCC. The Court of Appeals' schedule of oral arguments does not yet list this case.

4/13. The U.S. Court of Appeals (4thCir) issued its opinion in Bonner v. Dawson, a copyright case involving the recoverability of infringer's profits under 17 U.S.C. § 504(b) for the infringement of a copyright in an architectural design for a building. The Court of Appeals affirmed the District Court's denial the plaintiff's motion for judgment as a matter of law on this issue. This case is Kenneth Bonner v. Bruce Dawson and Terry Bishop, U.S. Court of Appeals for the 4th Circuit, No. 04-1440, an appeal from the U.S. District Court for the Western District of Virginia, at Harrisonburg, Judge Glen Conrad presiding, D.C. No. CA-02-65-GEC.

4/14. The Center for Democracy and Technology (CDT) announced in a release that Attorney General Alberto Gonzales met with Jerry Berman (President of the CDT), Anthony Romero (Executive Director of the ACLU), and David Cole (Georgetown University Law School) to discuss USA PATRIOT Act reauthorization and related issues. Berman stated that "The fact that Attorney General Gonzalez actively called this meeting and that he indicated a willingness to start a dialog about the PATRIOT Act is significant ... Whether this will lead to privacy enhancements is an open question, but it certainly shows an improvement over the closed door policy over the past four years."

4/14. The House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security postponed its hearing titled "Oversight Hearing of the Department of Justice to Examine the Use of Section 218 of the USA PATRIOT Act". This is the section that changed the standard for issuance of a FISA order. This hearing had been scheduled for April 14. The Subcommittee has not yet rescheduled this hearing. However, the Subcommittee has scheduled, for Thursday, April 21, a hearing titled "Oversight Hearing on the Implementation of the USA PATRIOT Act: Sections of the Act that Address -- Crime, Terrorism, and the Age of Technology".

The House will not meet.

The Senate will meet at 9:30 AM. It will resume consideration of HR 1268, the Iraq/Afghanistan Supplemental Appropriations bill.

8:45 AM - 5:15 PM. Day two of a two day conference hosted by the American Enterprise Institute (AEI), Münchner Kreis, and Georgetown University titled "The Future of Telecommunications Industries: Transatlantic Symposium". See, notice. Registration required by April 8. See, registration page. Location: Riggs Library, Main Campus, Georgetown University, 37th and O Streets, NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in U.S. International Trade Commission v. ASAT Inc., No. 05-5009. See, U.S. International Trade Commission's (USITC) proceeding conducted pursuant to Section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337, titled "In the Matter of Certain Encapsulated Integrated Circuit Devices and Products Containing Same" and numbered 337-TA-501. See also ASAT web site. Judges Ginsburg, Rogers and Tatel will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM - 3:00 PM. The Federal Communications Commission's (FCC) Technological Advisory Council will meet. See, notice in the Federal Register, March 25, 2005, Vol. 70, No. 57, at Page 15316. Location: FCC, 445 12th Street, SW, Commission Meeting Room (TW-C305).

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding TSA Stores, Inc.'s Petition for Declaratory Ruling to preempt a provision of the statutes of the state of Florida as applied to interstate telephone calls. This is CG Docket No. 02-278, which pertains to rules implementing the Telephone Consumer Protection Act of 1991 (TCPA). See, notice in the Federal Register, March 1, 2005, Vol. 70, No. 39, at Pages 9875-9876.

The House will meet at 2:00 PM.

The Supreme Court will return on from the recess that it began on Monday, April 4. See, Order List [12 pages in PDF] at page 12.

Deadline to submit to the Federal Communications Commission (FCC) replies to 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.

10:00 AM - 2:00 PM. The American Enterprise Institute (AEI) will host an event titled "Managing Spectrum: Why Economics Matters". The speakers will include William Baumol (New York University), Gerald Faulhaber (University of Pennsylvania), and Robert Hahn (AEI-Brookings Joint Center for Regulatory Studies). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

11:00 AM. The House Homeland Security Committee's Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity will meet. The agenda contains one item, HR 285,  the "Department of Homeland Security Cybersecurity Enhancement Act of 2005". Location: Room 210, Cannon Building.

2:30 PM. The Senate Judiciary Committee's Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing to examine the SBC/ATT and Verizon/MCI mergers, focusing on remaking the telecommunication industry. 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 Intelligence Committee will hold a hearing on the USA PATRIOT Act. Location: Room 216, Hart Building.

6:00 - 815 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Telecom Act Re-write". Location: Wiley Rein & Fielding Conference Center, 1776 K St., NW.

Day one of a three day conference hosted by the National Institute of Standards and Technology (NIST), National Institute of Health (NIH), and Internet2 titled "4th Annual PKI R&D Workshop: Multiple Paths to Trust". See, NIST notice, registration page, and conference website. Location: NIST, Gaithersburg, MD.

9:30 AM - 12:00 NOON. The House Science Committee's Subcommittee on Space and Aeronautics will hold a hearing titled "Future Market for Commercial Space". The witnesses will be Burt Rutan (Scaled Composites), Will Whitehorn (Virgin Galactic), Elon Musk (Space Exploration Technologies), John Vinter (International Space Brokers Group), Molly Macauley (Resources for the Future), and Wolfgang Demisch (Demisch Associates). Press contact: Joe Pouliot at 202 225-0581 or joe.pouliot at mail dot house dot gov. Location: Room 2318 Rayburn Building.

10:00 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet "How Internet Protocol-Enabled Services Are Changing the Face of Communications: A Look at Video and Data Services". The hearing will be webcast by the Committee. See, notice. Press contact: Larry Neal or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.

2:00 PM. The House Judiciary Committee will hold a hearing titled "Oversight Hearing on the Industry Competition and Consolidation: The Telecom Marketplace Nine Years After the Telecom Act". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

Day two of a three day conference hosted by the National Institute of Standards and Technology (NIST), National Institute of Health (NIH), and Internet2 titled "4th Annual PKI R&D Workshop: Multiple Paths to Trust". See, NIST notice, registration page, and conference website. Location: NIST, Gaithersburg, MD.

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.

9:30 AM - 3:30 PM. The Federal Communications Commission (FCC) will hold an orientation session for the new Integrated Spectrum Auction System (ISAS). See, FCC notice [PDF]. Preregistration is requested; call 888 225-5322. Location: FCC, 445 12th Street, SW.

10:00 AM. The Senate Finance Committee will hold a hearing on the nomination of Rep. Robert Portman (R-OH) to be the U.S. Trade Representative (USTR). Location: Room 628, Dirksen Building.

10:00 AM. The House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security will hold hearing titled "Oversight Hearing on the Implementation of the USA PATRIOT Act: Sections of the Act that Address -- Crime, Terrorism, and the Age of Technology". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM. The House Ways and Means Committee will hold a hearing titled "Hearing on Implementation of the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA)". See, notice. Location: Room 1100, Longworth Building.

12:00 NOON - 1:30 PM. The DC Bar Association will host a panel discussion titled "Wireless Mobile Content: A Snapshot of Content Issues in a Wireless World". The scheduled speakers are Mark Desautels (CTIA), Adam Zawel (Yankee Group), Fabrice Grinda (Zingy Inc.), Scott Delacourt (Deputy Bureau Chief, Wireless Telecommunications Bureau, Federal Communications Commission). See, notice. Prices vary from $15 to $25. For more information, call 202-626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

RESCHEDULED FROM APRIL 7. 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.

Day three of a three day conference hosted by the National Institute of Standards and Technology (NIST), National Institute of Health (NIH), and Internet2 titled "4th Annual PKI R&D Workshop: Multiple Paths to Trust". See, NIST notice, registration page, and conference website. Location: NIST, Gaithersburg, MD.

12:00 NOON. Maureen O'Rourke (Boston University School of Law) will give a lecture titled "The Economics of Preemption". This is a part of the Georgetown Law Colloquium on Intellectual Property & Technology Law. For more information, contact Julie Cohen at 202 662-9871 or jec at law dot georgetown dot edu. Location: Faculty Lounge, Fifth Floor, Georgetown University Law Center, 600 New Jersey Ave., NW.

Deadline to submit reply 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.

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