7/19. President Bush announced his intent to nominate Judge John Roberts to be a Justice of the Supreme Court. He is currently a Judge of the U.S. Court of Appeals (DCCir). Technophiles may take note that he wrote the opinion of the DC Circuit in CEA v. FCC, upholding the FCC's DTV tuner mandates order, and that he joined in the opinion of the DC Circuit in RIAA v. Verizon, holding that DMCA § 512(h) subpoenas may only be issued to an ISP that is engaged in storing on its servers material that is infringing or the subject of infringing activity.

Early in his career, Roberts (at left) clerked for Justice William Rehnquist, worked for former Attorney General William Smith, and worked as Associate Counsel to the President during the Reagan administration.

In 1986 he joined the Washington DC office of the law firm of Hogan & Hartson. He worked as Principal Deputy Solicitor General of the United States during the first Bush administration, and then returned to Hogan & Hartson in 1993.

The first President Bush nominated Roberts to be a Judge on the DC Circuit late in his term of office. However, he lost the 1992 election, and the nomination lapsed in the Democratic controlled Senate. The second President Bush nominated Roberts in 2001. However, the Democratic controlled Senate took no action. Bush again nominated Roberts in January of 2003. He was confirmed by the Senate on May 8, 2003.

See also, transcript of White House event at which President Bush announced the nomination. See also, Department of Justice's (DOJ) biography of Judge Roberts.

Few of President Bush's nominees for federal judgeships have had a background in technology related fields of law. A review of the questionnaire responses and financial disclosure statements submitted by these nominees to the Senate Judicial Committee (SJC) often reveals that the nominees' only connection to technology is that they hold stock portfolios that include technology and telecommunications companies.

However, Judge Roberts has had some exposure to technology law. At Hogan & Hartson he represented media companies in their challenges to the Federal Communications Commission's (FCC) media ownership rules.

He has also participated in two important cases as a Judge of the Court of Appeals. First, he wrote the October 28, 2003, opinion [20 pages in PDF] in Consumer Electronics Association v. FCC, upholding the FCC's order mandating that most TV sets be built with digital TV tuners. Neither the FCC's order, nor Judge Roberts' opinion, were well received by the Consumer Electronics Association (CEA).

See also, story titled "DC Circuit Upholds FCC DTV Tuner Mandates Order" in TLJ Daily E-Mail Alert No. 768, October 29, 2003.

Second, Judge Roberts joined in Judge Douglas Ginsburg's December 19, 2003 opinion [16 pages in PDF] in RIAA v. Verizon. In this case the Court of Appeals held that a Section 512(h) subpoena may only be issued to an ISP that is engaged in storing on its servers material that is infringing or the subject of infringing activity. This ruling the deprived the Recording Industry Association of America (RIAA), and its member record companies, of an expeditious and inexpensive means for acquiring the names of P2P infringers from their ISPs. It forced the record industry to resort to more time consuming and expensive procedures. This opinion was not well received by the record and movie industries.

See also, story titled "DC Circuit Reverses in RIAA v. Verizon" in TLJ Daily E-Mail Alert No. 804, December 22, 2003. See also, 17 U.S.C. § 512.

President Bush stated on July 19 that "Under the Constitution, Judge Roberts now goes before the United States Senate for confirmation. I've recently spoken with leaders Senator First and Senator Reid, and with senior members of the Judiciary Committee, Chairman Specter and Senator Leahy. These senators share my goal of a dignified confirmation process that is conducted with fairness and civility."

Sen. Patrick Leahy (D-VT), the ranking Democrat on the SJC, stated in a release that the confirmation process "will take time".

Sen. Leahy added that "We need to ensure that the Supreme Court remains a protector of all Americans' rights and liberties from government intrusion and that the Supreme Court understands the role of Congress in passing legislation to protect ordinary Americans from abuse by powerful special interests.  No one is entitled to a free pass to a lifetime appointment to the Supreme Court. There are far different considerations for circuit court nominations than for those to the Supreme Court. How the nominee views precedent, what the nominee regards as settled law, and how the nominee will exercise the incredible power of a Supreme Court Justice to be the final arbiter of the meaning of the Constitution -- all of these raise very different considerations than those weighed for the lower courts."

Sen. Ted Kennedy (D-MA), who is also a senior member of the SJC, issued a statement. It was far more subdued than his 1987 "In Robert Bork's America" speech on the Senate floor. Sen. Kennedy wrote that "No nominee, especially a nominee who is well known to have argued ideological positions on issues important to the American people, should be confirmed without full and candid disclosure and discussion of those positions and their importance to him. I welcome the opportunity to question Mr. Roberts, and believe that the American people will know at the end of this process whether he should advance to the Supreme Court."

The People for the American Way (PFAW) is a Washington DC based interest group that has long played a leading role in opposing certain judicial nominees of Republican Presidents. It released a report [10 pages in PDF] on July 19 titled "The Record of John G. Roberts, Jr.: A Preliminary Report". This report reviews opinions of Judge Roberts, and briefs that he wrote for the DOJ. It states that "Roberts's record is a disturbing one". However, none of the opinions or briefs discussed in the report are technology related. See also, PFAW release.

The Alliance for Justice (AFJ) is another Washington DC group that has opposed many Republican judicial nominees since the Reagan administration. It issued a release that is critical of Judge Roberts, but only on non-technology related issues.

Rep. James Sensenbrenner (R-WI) stated in a release that "President Bush tonight has nominated to the U.S. Supreme Court a highly qualified, capable, and accomplished jurist in Judge John Roberts. The Senate’s unanimous confirmation of Judge Roberts to the D.C. Circuit Court of Appeals speaks to the impressive legal credentials and qualifications the Senate recognized in him just two short years ago. In addition, Clinton Administration legal officials such as former Solicitor General Seth Waxman profess high praise for Judge Roberts, demonstrating that support for his professional qualifications crosses political party lines." However, neither the House Judiciary Committee, nor the House of Representatives, have any formal role to perform in the confirmation of Supreme Court nominees.

Meanwhile, Sen. Ted Stevens (R-AK), the Chairman of the Senate Commerce Committee, gave a speech on July 19 in which discussed the impact of Supreme Court nomination contests on the other activities of the Senate. He said that "It is a difficult time for us right now, because as you know we are going to face the problem in the Senate of confirmation of a Supreme Court Justice, or perhaps more than one in the balance of the year. And, that is going to take considerable time. So, we’re trying to work out as many of these items as we can on a consensus basis."

Sen. Stevens added that "our Commerce Committee is in fact a bipartisan Committee. Senator Inouye and I co-chair that Committee and we don’t proceed on anything without the approval of the other. We’re working to try to get our bills to the floor in a manner that will not take a lot of time on the floor, that will not be partisan, to really try to get around things like the confirmation process for the justice and judges and see if we can deal with the issues that affect your industry on a bipartisan basis." Sen. Stevens spoke in Washington DC to the American Association of Airport Executives (AAAE) and the Airports Council International Summer Legislative Conference.

7/19. The full House is scheduled to take up HR 3199, the "USA PATRIOT and Intelligence Reform Reauthorization Act of 2005". The House Rules Committee is scheduled to meet at 2:30 PM on Wednesday, July 20, to adopt a rule for consideration of HR 3199. Full House consideration could begin as early as Thursday morning, July 21. See, Republican Whip Notice.

The House Judiciary Committee (HJC) and House Intelligence Committee (HIC) both amended and approved HR 3199, the "USA PATRIOT and Intelligence Reform Reauthorization Act of 2005", on Wednesday, July 13.

See, stories titled "House Judiciary Committee Marks Up Bill to Extend Expiring Provisions of PATRIOT Act" and "Summary of Amendments to HR 3199 Approved by the House Judiciary Committee" in TLJ Daily E-Mail Alert No. 1,174, Thursday, July 14, 2005. See also, stories titled "House Judiciary Committee to Mark Up Bill to Make Permanent the Sunsetted Provisions of the PATRIOT Act" and "Summary of HR 3199 IH" in TLJ Daily E-Mail Alert No. 1,172, July 12, 2005. And see, story titled "House Intelligence Committee Marks Up Bill to Extend Expiring Provisions of PATRIOT Act" in TLJ Daily E-Mail Alert No. 1,175, July 15, 2005.

Also, the Senate Judiciary Committee (SJC) has on the agenda for its business meeting of Thursday, July 21, S 1389, the "USA PATRIOT Improvement and Reauthorization Act of 2005". However, the SJC typically does not take up most of the items that it lists on its agenda. See also, story titled "Senators Introduce Bill to Extend Expiring Provisions of PATRIOT Act" in TLJ Daily E-Mail Alert No. 1,175, July 15, 2005.

On July 18, Attorney General Alberto Gonzales gave a speech at a meeting of the National District Attorneys Association in Portland, Maine, in which he discussed the PATRIOT Act.

Gonzales (at right) stated that "In my experience in the White House and now at the Department of Justice, I have seen just how critical it is for law enforcement to use the PATRIOT Act to build better communication and cooperation." He added that the terrorists of September 11, 2001 avoided detection "in part, because of our inability to share information adequately".

Gonzales added that "President Bush believes that winning the war on terror requires winning the war of information." He continued that "Sixteen critical provisions of the PATRIOT Act -- including those that encourage information sharing -- are scheduled to expire at the end of the year. We are at a critical point as the bill is being debated in both houses of Congress. I am optimistic that members of Congress share my sense of urgency in making sure that law enforcement officials have the tools they need to protect this country from future terrorist attacks -- tools that are consistent with our long cherished values and consistent with our rights under the Constitution."

7/19. Microsoft filed a complaint in state court in the state of Washington against Kai-Fu Lee alleging breach of Microsoft's employee confidentiality and non-compete agreement. Lee was a Corporate VP who worked on Microsoft's search technologies.

Microsoft stated in a release that Kai-Fu Lee was Corporate VP of Microsoft's Natural Interactive Services Division, and that he went to work for Google "to lead their China research and development center". Microsoft stated that "We are asking the Court to require Dr. Lee and Google to honor the confidentiality and non-competition agreements he signed when he began working for Microsoft."

Microsoft added that "Creating intellectual property is the essence of what we do at Microsoft, and we have a responsibility to our employees and our shareholders to protect our intellectual property. As a senior executive, Dr. Lee has direct knowledge of Microsoft's trade secrets concerning search technologies and China business strategies.  He has accepted a position focused on the same set of technologies and strategies for a direct competitor in egregious violation of his explicit contractual obligations."

Google stated in its release that "it will open a product research and development center in China, and has hired respected computer scientist and industry pioneer, Dr. Kai-Fu Lee, to lead the operation and serve as President of the company's growing Chinese operations."

Microsoft did not immediately release a copy of the complaint, or the non-compete agreement.

7/18. The Office of Federal Financial Management (OFFM) in the Office of Management and Budget (OMB) published a notice in the Federal Register that seeks comments on the use of multiple principal investigators (PI) on awards made under federal research and research related programs.

The deadline to submit comments is Friday, September 16, 2005. See, Federal Register, July 18, 2005, Vol. 70, No. 136, at Page 41220 - 41222.

The OFFM wrote that "the federal research agencies will allow more than one PI to be named on grant and contract proposals and awards".

It elaborated. "Many areas of research, in particular, translations of complex discoveries into useful applications, increasingly require multi-disciplinary and inter-disciplinary teams. Innovation and progress still spring from and depend on creative individual investigators, but collaborative synergy plays an increasingly important role in advancing science and engineering. In deciding whether to do research as members of multi-disciplinary teams, individual investigators must consider how credit for their participation would be judged by the current incentive and reward policies of their academic institutions, by their funding agencies, and by colleagues within their own disciplines. The present system takes its structure from the paradigm of the single ``Principal Investigator´´. Although this model has worked well and encourages individual creativity and productivity, it also can discourage team efforts."

7/18. United Nation's (UN) Working Group on Internet Governance (WGIG) released a report [24 pages in PDF] titled "Report of the Working Group on Internet Governance". This is the UN's long awaited report in which it states its ambitious case for acquiring vast power to regulate various aspects of the operation and use of the internet.

Michael Gallagher, the head of the U.S. National Telecommunications and Information Administration (NTIA), stated in blunt and preemptory fashion on June 30, 2005, that the U.S. will not yield to any UN request to take control of the domain name system (DNS). See, story titled "NTIA Rebuffs UN Efforts to Gain Control Over Internet Governance" in TLJ Daily E-Mail Alert No. 1,166, July 1, 2005.

It is also unlikely that the U.S. or many other nations would confer upon the UN some, or any, of the other powers sought by the UN, and identified in this report.

The report states that "there is no global multi-stakeholder forum to address Internet-related public policy issues". It therefore "recommends the creation of a new space for dialogue for all stakeholders on an equal footing on all Internet governance-related issues".

The report suggests that this body "should preferably be linked to the United Nations" and that it "should allow for the participation of all stakeholders from developing and developed countries on an equal footing."

That is, nations such as Antigua and Barbuda, Syria, and Chad would participate in governing the internet, and activities conducted over the internet, on an equal basis with nations such as the U.S., Japan and India.

One of the proposals of the report is that this new UN body would have the following powers: "audit, arbitration, coordination, policy-setting and regulation".

The report seeks sweeping powers. It seeks authority with respect to "internet governance". It first offers this statement: "Internet governance is the development and application by Governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet."

The report makes clear that the UN seeks power over far more than the domain name system, and functions currently performed by the Internet Corporation for Assigned Names and Numbers (ICANN).

The report states that UN should potentially have authority over other topics, such as "spam", "network security" and "cybercrime", including the power to "prosecute crimes committed in other jurisdictions".

The report recommends internet governance includes authority over "intellectual property rights (IPRs) or international trade". This would, if implemented, replace the World Trade Organization (WTO) authority in this area. The report states that "users are concerned about market oligopolies, the impediments to access and use of digital content and the perceived unbalanced nature of current IPR rules."

The report also suggests that internet governance includes authority with respect to internet "interconnection" and setting interconnection rates.

The report also states that UN internet governance would encompass "Restrictions on freedom of expression". The report assets that such restrictions would be "taken in relation to the Internet on grounds of security or to fight crime".

Yet another issue within the sights of the UN is "global standards for privacy and data-protection rights over the Internet". The report further suggests that it is concerned with "personal data protection", rather than conferring quasi property rights upon the aggregators of data.

Moreover, the UN report identifies regulation of "international purchase of goods through e-commerce".

The report outlines four possible models for this new UN internet governance. It does not state a preference among the four.

The first of these four models would be the creation of a new "Global Internet Council", or GIC. It "would take over the functions relating to international Internet governance currently performed by the Department of Commerce of the United States Government. It would also replace the ICANN Governmental Advisory Committee (GAC)." It would be responsible for "additions or deletions to the root zone file, management of IP addresses, introduction of gTLDs, delegation and redelegation of ccTLDs." It would also be responsible for, among other things, "spam, privacy, cybersecurity and cybercrime" and "cost-based international interconnection costs, and equitable access for all." It further provides that the ICANN would be "accountable to the GIC", and that the GIC would "be anchored in the United Nations".

7/15. The Progressive Policy Institute (PPI), a Democratic think tank based in Washington DC, released a paper [7 pages in PDF] titled "The Progressive Case for CAFTA". It was written by Edward Gresser of the PPI. See also, summary.

7/15. The Progress and Freedom Foundation (PFF) released a paper [PDF] titled "Confusing Success with Access: Correctly Measuring Concentration of Ownership and Control in Mass Media and Online Services". It was written by Bruce Owen.

The House will meet at 9:00 AM for legislative business. See, Republican Whip Notice.

The Senate bill meet at 9:30 AM for morning business. It will then resume consideration of HR  3057, the foreign operations appropriations bill.

9:00 AM. Sen. Arlen Specter (R-PA) will hold a news conference regarding President Bush's announcement that he will nominate Judge John Roberts to be a Justice of the Supreme Court. For more information, contact 202 224-9020. Location: Senate Radio/TV Gallery, Capitol Building.

9:00 AM - 1:00 PM. The National Telecommunications and Information Administration (NTIA) will host a meeting titled "Pharmers and Spimmers, Hackers and Bluejackers: Combating Wireless Security Threats". The speakers will include Michael Gallagher (head of the NTIA), John Kneuer (NTIA), Daniel Caprio (Deputy Assistant Secretary of Commerce and Chief Privacy Officer), and Kathleen Higgins (National Institute of Standards & Technology). Press contact: Clyde Ensslin at censslin at ntia dot doc dot gov or 202 482-0019. See, NTIA notice and notice in the Federal Register, June 22, 2005, Vol. 70, No. 119, at Page 36126. Location: Department of Commerce, Auditorium, 1401 Constitution Ave., NW.

9:30 AM. The Senate Judiciary Committee (SJC) has scheduled a hearing titled "Reporters' Shield Legislation: Issues and Implications". The scheduled witnesses are James Comey (Deputy Attorney General), Matthew Cooper (Time Magazine), Norman Pearlstine (Time Inc.), Lee Levine (Levine Sullivan Koch & Schulz), Geoffrey Stone (University of Chicago Law School). See, notice. The SJC frequently cancels hearings without 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.

9:30 AM. The Senate Health, Education, Labor, and Pensions Committee will hold a business meeting. The agenda includes consideration of S 1355, the "Better Healthcare through Information Technology Act". Location: Room 430, Dirksen Building.

10:00 AM. The House Commerce Committee (HCC) will meet to mark up several bills. The agenda includes HR 1132, the "National All Schedules Prescription Electronic Reporting Act of 2005". This bill requires states to mandate the reporting of dispensing of controlled substances; it also requires states establish and maintain an electronic database containing the reported information; it also requires the federal government specify a uniform electronic format for the reporting, sharing, and provision of information. The meeting will be webcast by the HCC. Press contact: Larry Neal at 202 225-5735. Location: Room 2123, Rayburn Building.

10:00 AM. The House Financial Services Committee will hold a hearing to receive the testimony of the Alan Greenspan, Chairman of the Federal Reserve Board, on monetary policy and the state of the economy. Location: Room 2128, Rayburn Building.

10:00 AM. The Senate Budget Committee will hold a hearing on the federal role in, and budget implications of, health information technology. Location: Room 628, Dirksen.

12:00 NOON. The Senate Homeland Security and Governmental Affairs Committee will hold a business meeting to consider the nominations of Richard Skinner (to be Inspector General of the Department of Homeland Security), Brian David Miller (to be Inspector General of the General Services Administration), and Edmund Hawley (to be Assistant Secretary at the Department of Homeland Security). See, notice. Location: undisclosed.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Introduction To Trademark And Patent Law". The speakers will be Steven Warner (Fitzpatrick Cella Harper & Scinto) and Gary Krugman (Sughrue Mion). The price to attend ranges from $20-$30. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

1:00 - 2:00 PM. The U.S. Chamber of Commerce and Visa US will host a news conference titled "Securing Personal Data in Transactions". The participants will include Deborah Majoras (Chairman of the Federal Trade Commission), Steve Ruwe (Visa USA), and Rolf Lundberg (U.S. Chamber of Commerce). Location: Murrow Room, National Press Club, 13th Floor, 529 14th Street, NW.

2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Environment and Hazardous Materials will hold a hearing titled "Electronic Waste: An Examination of Current Activity, Implications for Environmental Stewardship, and the Proper Federal Role". The hearing will be webcast by the HCC. See, notice. Press contact: Larry Neal at 202 225-5735. Location: Room 2322, Rayburn Building.

2:00 PM. Sen. John Ensign (R-NV), Sen. Joe Lieberman (D-CT), and representatives of the Council on Competitiveness (COC) will hold a news conference to discuss forthcoming legislation. The COC states that this bill will implement some of the recommendations in its report [26 pages in PDF] titled "Innovate America". Location: Room 562, Dirksen Building.

2:30 PM. The House Rules Committee will meet to adopt a rule for consideration of HR 3199, the "USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005". Location: Room H-312, Capitol Building.

2:30 PM. The Senate Intelligence Committee will hold a hearing on the nomination of Benjamin Powell to be General Counsel of the Office of the Director of National Intelligence. Location: Room SDG-50, Dirksen Building.

3:00 PM. The Senate Appropriations Committee's Subcommittee on Transportation, Treasury, the Judiciary, and Housing and Urban Development, and Related Agencies will meet to consider HR 3058, the appropriations bill for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and some independent agencies. Location: Room 116, Dirksen Building.

4:00 - 5:00 PM. The Consumer Electronics Association (CEA) will host a webcast event titled "Recognizing Economic Benefit From the R&D Tax Credit Through Innovation, New Products and New Technology". See, notice. For more information, contact Deb Kassoff at 703 907-7655 or dkassoff at ce dot org.

The Federal Communications Commission (FCC) will hold Auction 60, the auction of five licenses in the Lower 700 MHz band C block (710-716/740-746 MHz). See, FCC's Public Notice [PDF] numbered DA 05-171, and FCC's Public Notice [63 pages in PDF] titled "Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures" and numbered DA 05-737. See also, notice in the Federal Register, June 1, 2005, Vol. 70, No. 104, at Page 31469.

Extended deadline to submit reply comments to Federal Communications Commission (FCC) in response to its FNPRM in its proceeding titled "In the Matter of Developing a Unified Intercarrier Compensation Regime". See, order [2 pages in PDF] extending deadline from June 22 to July 20. See also, notice in the Federal Register, June 15, 2005, Vol. 70, No. 114, at Pages 34724 - 34725. See also, story titled "FCC Adopts FNPRM in Intercarrier Compensation Proceeding" in TLJ Daily E-Mail Alert No. 1,076, February 14, 2005. This proceeding is CC Docket No. 01-92.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the Satellite Industry Association's (SIA) petition for reconsideration of the FCC's Second Report and Order and Second Memorandum Opinion and Order in its proceeding titled "Revision of Part 15 of the Commission's Rules Regarding Ultra-Wideband Transmission Systems", ET Docket No. 98-153. See, extension order.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) regarding reserve prices or minimum opening bids and other auction procedures for Auction No. 63, the auction of multichannel video distribution and data service licenses. See, notice in the Federal Register, July 11, 2005, Vol. 70, No. 131, at Page 39775.

The House will meet at 9:00 AM for legislative business. The House may take up HR 3199, the "USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005". See, Republican Whip Notice.

8:30 AM - 1:00 PM. The Information Technology Association of America (ITAA) will host a conference titled "Public Trust on the Line: Security, Safety and VoIP". The price to attend ranges from $50 to $250. See, notice. Location: National Press Club, 529 14th St. NW, 13th Floor.

9:30 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The SJC frequently cancels meetings without notice. The agenda includes S 1389, the "USA PATRIOT Improvement and Reauthorization Act of 2005", S __, the "Personal Data Privacy and Security Act of 2005", S 751, the "Notification of Risk to Personal Data Act", and S  1326, the "Notification of Risk to Personal Data Act". The SJC rarely follows its published agenda. 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.

10:00 AM. The Senate Commerce Committee (SCC) will meet to mark up several bills. The agenda includes consideration of S 1392, the "Federal Trade Commission Reauthorization Act of 2005". Press contact: Melanie Alvord (Stevens) (202) 224-8456 or Melanie_Alvord at commerce dot senate dot gov, or Andy Davis (Inouye) at 202 224-4546 or Andy_Davis at commerce dot senate dot gov. Location: Room 253, Russell Building.

10:00 AM. The House Financial Services Committee will hold a hearing titled "Credit Card Data Processing: How Secure Is It?" Location: Room 2128, Rayburn Building.

10:00 AM. The Senate Banking Committee will hold a hearing to receive testimony from Alan Greenspan, Chairman of the Federal Reserve Board. See, notice. Location: Room 538, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee will hold a hearing titled "U.S. Competitiveness: The Innovation Challenge". The witnesses will be Nicholas Donofrio (SVP, IBM), John Morgridge (Chairman, Cisco Systems), and William Brody (President, Johns Hopkins University). Location: Room 2318, Rayburn Building.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for the Americas Regional Preparatory Meeting for the World Telecommunication Development Conference (WTDC-06) in Lima, Peru, from August 9-11, 2005. See, notice in the Federal Register, June 22, 2005, Vol. 70, No. 119, Page 36224. Location: DOS, Room 2533A.

12:00 NOON. The Cato Institute will host a panel discussion titled "The USA Patriot Act: Renew, Revise, or Repeal?". The speakers will be Rep. Jeff Flake (R-AZ), former Rep. Bob Barr (R-GA), and Tim Lynch (Cato). See, notice and registration page. Location: Room B-369, Rayburn Building.

RESCHEDULED FROM JUNE 9. 12:15 PM - 2:00 PM. The Forum on Technology will host a luncheon panel discussion titled "Basic Research - The Foundation of the Innovation Economy". See, notice. Location: Room 902, Hart Building, Capitol Hill.

2:00 PM. The Senate Appropriations Committee will meet to consider HR 3058, the appropriations bill for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and some independent agencies. Location: Room 116, Dirksen Building.

2:30 PM. The House Armed Services Committee's (HASC) Subcommittee on Terrorism, Unconventional Threats and Capabilities and the House Homeland Security Committee's Subcommittee on Emergency Preparedness, Science and Technology Subcommittee will hold a joint hearing on counter terrorism technology sharing. The witnesses will include Tony Tether (Director of the Defense Advanced Research Projects Agency), Sue Payton (Deputy Under Secretary of Defense for Advanced Systems and Concepts), and John Kubricky, Acting Director, Homeland Security Advanced Research Projects Agency). Location: Room 2118, Rayburn Building.

2:30 PM. The Senate Finance Committee's Subcommittee on Long-Term Growth and Debt Reduction will hold a hearing titled "Updating Depreciable Lives: Is there Salvage Value in the Current System?". The witnesses will be Christopher Anderson (President of the Massachusetts High Technology Council), Joseph Mikrut (Capitol Tax Partners), Thomas Neubig (Ernst & Young), Jane Gravelle (Congressional Research Service), Kenneth Simonson (Associated General Contractors of America). Location: Room 215, Dirksen Building.

2:30 PM. The Senate Intelligence Committee will hold a hearing on the nomination of John Redd to be Director of the National Counterterrorism Center, in the Office of the Director of National Intelligence. Location: Room 216, Hart Building.

Deadline to submit reply comments to the Copyright Office's Copyright Royalty Board regarding its interim regulations governing the organization, administration, and procedures of the Copyright Royalty Board. See, notice in the Federal Register, May 31, 2005, Vol. 70, No. 103, at Pages 30901 - 30916.

The House will meet at 9:00 AM for legislative business. The House may continue its consideration of HR 3199, the "USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005". See, Republican Whip Notice.

10:00 AM. The Senate Foreign Relations Committee will hold a hearing on several nominations, including that of Josette Shiner to be Under Secretary of State for Economic, Business, and Agricultural Affairs. Location: Room 419, Dirksen Building.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a panel discussion titled "Data Security and Privacy Protection: What is the Public Sector's Role?". The speakers will include Orson Swindle (former Federal Trade Commission (FTC) Commissioner), Howard Beales (former Director of the FTC's Consumer Protection Bureau), and Paul Rubin (Emory University). See, notice and registration page. Lunch will be served. Location: Room B-369, Rayburn Building, Capitol Hill.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice [10 pages in PDF] regarding video news releases (VNRs). This notice is FCC 05-84 in MB Docket No. 05-171.

12:00 NOON. The Senate Judiciary Committee (SJC) may hold a hearing on the nomination of Timothy Flanigan to be the Deputy Attorney General. The SJC frequently cancels hearings without 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.

EXTENDED TO SEPTEMBER 9. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of second further proposed rulemaking regarding horizontal and vertical cable ownership limits. The FCC adopted this Second Further NPRM on May 13, 2005, and released it on May 17, 2005. This item is FCC 05-96 in MM Docket No. 92-264. See, notice in the Federal Register, June 8, 2005, Vol. 70, No. 109, at Pages 33679 - 33687. See, notice of extension of deadlines, in the Federal Register, July 6, 2005, Vol. 70, No. 128, at Pages 38848 - 38849.

9:00 AM - 5:00 PM. Day one of a two day roundtable hosted by the Copyright Office on orphan works. See, notice in the Federal Register, July 7, 2005, Vol. 70, No. 129, at Pages 39341 - 39343. Location: Room 188, Russell Building, Capitol Hill.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for the ITU-D's meetings of Study Group 1 and Study Group 2, which will take place in September, Geneva, on September 6-9 and 12-15, 2005. See, notice in the Federal Register, July 8, 2005, Vol. 70, No. 130, at Pages 39544 - 39545. Location: Room 2533A, State Department.

12:15 - 1:30 PM. The Chamber of Commerce will host a luncheon program titled "The Wireless Revolution: Enriching the Global Economy with Mobile Broadband and Smart Devices". The speaker will be Irwin Mark Jacobs, Chairman of Qualcomm. The price to attend ranges from free to $145. For more information, contact Natalie Safertal at 202-463-5500. See, notice. Location: Chamber of Commerce, 1615 H Street, NW.

2:30 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Intellectual Property has scheduled another hearing titled "Perspective on Patents: Harmonization and Other Matters". The SJC frequently cancels hearings without 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.

9:00 AM - 5:00 PM. Day two of a two day roundtable hosted by the Copyright Office on orphan works. See, notice in the Federal Register, July 7, 2005, Vol. 70, No. 129, at Pages 39341 - 39343. Location: Room 2237, Rayburn Building, Capitol Hill.

9:00 AM. Day one of a two day meeting of the Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee. The agenda includes "Department of Energy's uses of High Performance Computers", "Ethernet Technology Trends" and "Nanotechnology Update". Part of the meeting will be close to the public. See, notice in the Federal Register, July 11, 2005, Vol. 70, No. 131, at Pages 39720 - 39721. Location: Room 3884, Department of Commerce, 14th Street between Constitution and Pennsylvania Avenues, NW.

12:00 NOON - 2:00 PM. The New Republic will host a panel discussion titled "Updating America's Telecommunications Laws: What's In It For Us?" The speakers will be Sen. Mark Pryor (D-AR), Sen. John Kerry (D-MA), Sen. Joe Lieberman (D-CT), Michael Crowley (Senior Editor of The New Republic), Kim Anderson (National Education Association), Harry Alford (National Black Chamber of Commerce), George Kohl (Communications Workers of America), and Clyde Prestowitz (Economic Strategy Institute). Lunch will be served. For more information, contact Joan Daly at 703 407-3204 or jdaly at tnr dot com. Location: Room 11, Dirksen Building, Capitol Hill.

2:00 - 3:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will meet by teleconference. See, notice in the Federal Register, July 12, 2005, Vol. 70, No. 132, at Page 40052.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rule Making (FNPRM) regarding advancing the date on which all new television receiving equipment must include the capability to receive over the air DTV broadcast signals from July 1, 2007, to a date no later than December 31, 2006. The FCC adopted and released this item on June 9, 2005. This item is FCC 05-121 in ET Docket No. 05-24. See, notice in the Federal Register, July 6, 2005, Vol. 70, No. 128, at Pages 38845 - 38848. See also, story titled "FCC Adopts Order and NPRM Regarding Its Digital Tuner Rules" in TLJ Daily E-Mail Alert No. 1,153, June 14, 2005.

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