|CIIP Subcommittee Holds Hearing on P2P
Piracy on Campus
9/22. The House
Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual
Property (CIIP) held a hearing titled "Reducing Peer To Peer Piracy (P2P) on
University Campuses: A Progress Update".
Rep. Howard Berman (D-CA), the
ranking Democrat on the Subcommittee, stated that progress has been made, as a
result of the Supreme Court's opinion in MGM v. Grokster, because some
free P2P file sharing services have become legitimate, and because some
universities are now offering legitimate alternatives to P2P piracy. However, he
said that there is still much illegal downloading, and "we have a long way to
Rep. Lamar Smith (R-TX), the
Chairman of the Subcommittee, said that "some universities have clearly stepped
up to the plate of educating their students, while others have not."
testimony [PDF] of Daniel Updegrove (VP for Information Technology at University of Texas
prepared testimony of Richard Taylor (SVP of the
Motion Picture Association of
prepared testimony [PDF] of Norbert Dunkel (Director of
Housing and Residence and Education at the University of Florida, and
of William Raduchel (Ch/CEO of the Ruckus Network).
Updegrove and Dunkel reviewed efforts by their universities to limit P2P
infringement, including adopting policies, educating students about
infringement, enforcement, filtering, and offering alternatives.
Raduchel, whose company legally offers content at schools, argued that the Congress
should legislate a safe harbor. He wrote in his testimony that "Congress should
consider creating a civil and criminal safeharbor for colleges and universities for
filesharing inside their networks for those institutions where 80% or more of the students
utilize legitimate music and movie services. No institution can police all of its students
all of the time, but institutions that achieve meaningful adoption of legitimate
services should be rewarded with immunity. At the same time, those institutions
that knowingly tolerate widespread filesharing on their networks should continue
to be on notice that it must stop."
He added that "Congress must modernize music licensing laws to make it
easier for services such as ours to offer students legally what they want."
Cary Sherman, head of the Recording Industry
Association of America (RIAA), did not testify at this hearing, but was
present in the hearing room, and submitted a statement for the record. He
pointed out that two problems are student run systems on local area networks,
and hacking of legitimate services.
Rep. Smith said that the CIIP Subcommittee will hold more hearings on P2P piracy.
He also said that he and Rep. Berman will request the
Government Accountability Office (GAO) to conduct a study. See, following story.
|GAO May Rate Universities on Efforts to Stop
9/22. Rep. Lamar Smith (R-TX)
announced at a hearing on September 22 that he and
Rep. Howard Berman (D-CA) will write
a letter to the Government Accountability Office
(GAO) requesting that it write a report that rates universities and colleges on the
extent of their efforts to limit on campus infringement of copyrighted works via peer
to peer (P2P) file sharing systems.
He did not indicate when such a report would be released to the public. The
GAO is an arm of the Congress that conducts research on behalf of its members.
TLJ spoke with Rep. Smith
(at right) after the hearing. He said that the study will not include all universities
and colleges. Rather, it will be limited to about one hundred, selected on a criterion
such as the total number of students. He added that he did not know what the grading scale
He also said that the purpose of the GAO report will be to embarrass those
universities that do not take efforts to limit P2P infringement, and that he expects that
this alone will have an effect upon some universities' policies.
One might speculate that such a report could also have a counterproductive effect.
That is, some prospective students judge universities not only on criteria such as
academic quality, price, and location, but also on lifestyle attributes.
Some prospective students may not wish to attend a school with a reputation for cracking
down on P2P infringement, and might instead attend schools that are rated as lax.
|Senate Commerce Committee Holds Hearing on
Communications and Hurricane Katrina
9/22. The Senate Commerce Committee
(SCC) held a hearings titled "Communications in Disaster". The topics covered
also included the DTV transition, the return of broadcast spectrum, 911/E911, and voice
over internet protocol (VOIP).
opening statement of Sen. Ted Stevens (R-AK)
opening statement of Sen. Daniel Inouye
(D-HI), the Chairman and ranking Democrat on the SCC. See also,
[PDF] of Federal Communications Commission (FCC) Chairman
[16 pages in PDF] of Bill Smith (BellSouth),
prepared testimony [5 pages in PDF]
of Paul Roth (Cingular Wireless),
prepared testimony [5 pages in PDF]
of Jeffrey Citron (Vonage), and
prepared testimony [15 pages
in PDF] of Hossein Eslambolchi (AT&T).
Vonage's Citron stated that with Hurricane Katrina, "Much like September 11th,
phone networks failed. Wireless networks failed. Satellite phones stopped working. But the
Internet was still alive in some places, and so was Internet phone service." He
attributed this to "the redundant and resilient nature of the Internet". He also
said that "Katrina also underscored the urgent need to make our 911 network every
bit as flexible and resilient as the Internet. ... In far too many cases, today’s 9-1-1
system is characterized by local technology decisions and outdated infrastructure. Left
to fend for themselves, dedicated 911 professionals are unable to share resources
or utilize today’s technology."
The FCC has mandated that interconnected VOIP service providers comply with the old
911/E911 regulatory framework, and to cut off service to certain of their customers.
See also, story titled "Pulver Criticizes FCC for Slighting VOIP and Other IP
Services" in TLJ Daily E-Mail Alert No. 1,216, September 19, 2005;
"FCC Delays Its VOIP Customer Lockout Mandate for 30 Days" in TLJ Daily E-Mail
Alert No. 1,202, August 26, 2005;
titled "FCC Amends E911 VOIP Order's Subscriber Notice, Reporting and
Cancellation Requirements" in TLJ Daily E-Mail Alert No. 1,184, July 28, 2005;
titled "FCC Releases VOIP E911 Order" in
TLJ Daily E-Mail
Alert No. 1,148, June 6, 2005; and stories titled "FCC Adopts Order
Expanding E911 Regulation to Include Some VOIP Service Providers", "Summary of
the FCC's 911 VOIP Order", "Opponents of FCC 911 VOIP Order State that the FCC
Exceeded Its Statutory Authority", and "More Reaction to the FCC's 911 VOIP
Order", in TLJ
Daily E-Mail Alert No. 1,139, May 20, 2005.
|More Capitol Hill News
9/22. The Senate Judiciary
Committee (SJC) held over its consideration of several bills that were on its agenda
for the executive business meeting of September 22. The held over
S 1088, the "Streamlined Procedures Act of 2005", S _, the
"Personal Data Privacy and Security Act of 2005", and
S 751, the
"Notification of Risk to Personal Data Act", and
S 1326, the
"Notification of Risk to Personal Data Act". The SJC has long been
placing these items on its weekly agendas, only to hold them over.
9/22. The Senate Banking
Committee held a hearing titled "Examining the Financial Services Industry’s
Responsibilities and Role in Preventing Identity Theft and Protecting Sensitive Financial
opening statement of Sen. Richard Shelby (R-AL), the Chairman of the Committee. See
also, prepared testimony [13 pages
in PDF] of Stuart Pratt (P/CEO of the Consumer Data
prepared testimony [13 pages
in PDF] of Ira Hammerman (SVP and General Counsel of the
Securities Industry Association), and
prepared testimony [11 pages
in PDF] of Gilbert Schwartz (Schwartz & Ballen, on behalf of the
American Council of Life Insurers). The other witnesses were Edmund Mierzwinski
(US Public Interest Research Group) and Oliver
Ireland (Morrison and Foerster).
|People and Appointments
9/22. The Senate Judiciary
Committee (SJC) approved the nomination of Judge John Roberts to be
Chief Justice of the United States by a vote of 13-5. The nomination also
requires approval by the full Senate.
9/22. The Senate Judiciary
Committee (SJC) held over consideration of the nomination of Timothy
Flanigan to be the Deputy Attorney General. It had been on the agenda for
the SJC's executive business meeting of September 22.
9/22. President Bush announced his intent to designate Thomas Barnett
to be the acting Assistant Attorney General in charge of the Department of Justice's
(DOJ) Antitrust Division. See, White House
9/22. President Bush nominated Katherine Baicker to be a member of the
Council of Economic Advisers (CEA). She will replace Harvey Rosen. Bush
also nominated Matthew Slaughter to be a member of the CEA. He will
replace Kristin Forbes. Bush announced his intent to make these
nominations on September 21. See, White House
9/22. President Bush announced his intent to appoint
Sharon Allen, John Sau Chung
Chen (aka John Chen), James Dicke,
[PDF], Prakash Puram,
and Timothy Paul Smucker to be members of the
President's Export Council (PEC). The
PEC's charter states
that it advises the President "on matters relating to U.S. export trade". All
six are leaders of exporting businesses. Two, Chen and Puram, head software
companies. Allen is Chairman of Deloitte &
Touche USA, an accounting firm. Chen is Chairman of
Sybase, a database technology company based
in the state of California. Dicke is the President of
Crown Equipment Corporation, a manufacturer
of fork lift trucks based in the state of Ohio. James is President of
The Blackstone Group, and Chairman of
Global Investment Banking and Private Equity at Credit Suisse. Puram is P/CEO of
iXmatch, a search software company based in
the state of Minnesota. And finally, with the name like
Smucker, Timothy Paul has to be in the jam
and preserves business. See, White House
9/22. The Federal Election Commission (FEC)
dismissed three administrative complaints (MUR Nos. 5513, 5533 and 5489)
involving Ralph Nader's campaign for President in 2004. Various Democratic
entities and persons alleged violation of federal campaign laws by various
Republican entities and persons, and the Nader campaign, in connection with
alleged cooperation in seeking to have Nader's name placed on some state
ballots. The gist of the allegations was that the assistance constituted
corporate or excessive contributions in violation of the Federal Election
Campaign Act. There is nothing technology related about these matters. However,
one of the respondents is named
David M. Carney. David
Carney is also the name of the publisher of Tech Law Journal. The two persons
are different, and unrelated, but often confused.
|About Tech Law Journal
Tech Law Journal publishes a free access web site and
subscription e-mail alert. The basic rate for a subscription
to the TLJ Daily E-Mail Alert is $250 per year. However, there
are discounts for subscribers with multiple recipients. Free one
month trial subscriptions are available. Also, free
subscriptions are available for journalists,
federal elected officials, and employees of the Congress, courts, and
executive branch. The TLJ web site is
free access. However, copies of the TLJ Daily E-Mail Alert are not
published in the web site until one month after writing. See, subscription
P.O. Box 4851, Washington DC, 20008.
Copyright 1998 - 2005 David Carney, dba Tech Law Journal. All
|Washington Tech Calendar
New items are highlighted in red.
|Friday, September 23
The House will not meet. It will next meet on Monday, September 26.
The Senate will not meet. It will next meet on Monday, September 26.
The Supreme Court is between terms. The opening conference of its October
2005 Term will be held on September 26.
8:00 AM. The American Bar Association's (ABA)
Committee on Law and National Security will host a breakfast. The speaker will be Nuala
Kelly, Chief Privacy Officer at the Department of
Homeland Security (DHS). The title of her speech will be "Challenges in Preserving
Privacy while Protecting Homeland Security". The price to attend is $20.
and registration form [PDF]. Location: University Club, 1135 16th
EXTENDED FROM SEPTEMBER 9. Extended extended 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, original
notice in the Federal Register, June 8, 2005, Vol. 70, No. 109, at Pages 33679 -
33687. See also,
notice of extension of deadlines, in the Federal Register, July 6, 2005,
Vol. 70, No. 128, at Pages 38848 - 38849. See also,
notice [PDF] of further extension.
|Sunday, September 25
Deadline to submit requests to participate as a panelist in the Department
of Justice's (DOJ) Antitrust Division's and the
Federal Trade Commission's (FTC) October 25, 2005,
workshop titled "Competition and Real Estate Workshop". See, FTC
in the Federal Register, September 8, 2005, Vol. 70, No. 173, at Pages 53362 -
|Monday, September 26
|The House will meet at 12:00 NOON in pro forma
session only. See,
Republican Whip notice.
The Senate will meet at 1:00 PM. It will begin
consideration of the nomination of Judge John Roberts to be the Chief Justice
of the United States.
The Supreme Court will hold
the opening conference of the October Term 2005. See,
Xuan-Thao Nguyen (Southern Methodist University School of Law) will deliver a
paper titled "Collateralizing Intellectual Property". This event is
a part of the George Washington University Law
School's (GWULS) intellectual property workshop series. RSVP by Tuesday, September
20, to Rosalie Kouassi at rkouassi at law dot gwu dot edu. Location: GWULS, Faculty
Conference Center, 5th Floor Burns, 716 20th St., NW.
12:15 PM. The Federal Communications
Bar Association's (FCBA) Cable Practice Committee will host a brown bag lunch. This
will be an organizational meeting. For more information, contact Frank Buono at fbuono
at willkie dot com. Location: Willkie Farr &
Gallagher, 875 K Street, NW.
Deadline to register for the
Federal Communications Commission (FCC) pre-auction
seminar for the MVDDS Auction (Auction No. 63), to be held on September 28, 2005. See,
and registration form [PDF].
|Tuesday, September 27
The House will meet at 12:30 PM for morning
hour, and at 2:00 PM for legislative business. Votes will be postponed until
6:30 PM. The House will consider numerous non-technology related items under
suspension of the rules. See,
Republican Whip notice.
8:30 AM. The Department of Defense (DOD) Advisory Group on Electron
Devices (AGED) will hold a closed meeting to review research and development efforts
in electronics and photonics. See,
notice in the Federal Register, September 19, 2005, Vol. 70, No. 180, at Page 54902.
Location: Noesis, Inc., 4100 N. Fairfax Drive, Suite 800, Arlington, VA.
9:30 AM. The U.S. Court of
Appeals (DCCir) will hear oral argument in American Association of Paging
Carriers v. FCC, No. 04-1359. This petition for review pertains to paging
carriers and licensing by itinerant mobile radio transmitters on a nationwide,
non-coordinated basis. The AAPC challenges the Federal Communications Commission's (FCC)
Memorandum Opinion and Order (MOO) adopted September 1, 2004, and released on September
8, 2004. This MOO is FCC 04-212 in WT Docket No. 01-146. See,
brief [43 pages in PDF] of the AAPC.
Judges Henderson, Garland and Griffith will preside. Location: Prettyman Courthouse,
333 Constitution Ave., NW.
1:00 PM. The House Judiciary
Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing
on HR 1956,
the "Business Activity Tax Simplification Act of 2005". The meeting
will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492.
Location: Room 2141, Rayburn Building.
6:00 - 9:15 PM. The DC Bar Association
will host a continuing legal education (CLE) seminar titled "How to Litigate a
Patent Infringement Case". The speakers will be
Patrick Coyne and
Jerry Ivey (both of
Finnegan Henderson). The price to attend ranges from
$80-$125. For more information, call 202-626-3488. See,
Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.
|Wednesday, September 28
9:30 AM. The
Senate Judiciary Committee (SJC) will hold a hearing titled "copyright
and innovation in a post-Grokster world". Location: Room 226, Dirksen
10:00 AM - 2:00 PM. The Federal
Communications Commission (FCC) will hold a pre-auction seminar for the MVDDS
Auction (Auction No. 63). See,
and registration form [PDF]. Location: FCC, 445 12th Street, SW.
12:00 NOON - 2:00 PM. The DC Bar
Association will host a seminar titled "Electronic Filing At The Trademark
Office". The speaker will be Craig Morris (US Patent and Trademark Office). The
price to attend ranges from $20-$40. For more information, call 202 626-3463. See,
Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.
12:30 PM. The Federal
Communications Bar Association's (FCBA) Professional Responsibility Committee will
host a brown bag lunch. This will be an organizational and planning meeting. RSVP to
Tina Screven at escreven at wbklaw dot com. Location:
Wilkinson Barker Knauer, 2300 N
St., NW, 7th floor large conference room.
1:00 PM. The
House Ways and Means Committee will hold a hearing titled "United States
Japan Economic and Trade Relations". See,
notice. Location: Room 1100, Longworth Building.
2:00 PM. The
Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy
and Consumer Rights may hold a hearing on "whether there is more consolidation or new
choices for consumers regarding video competition in 2005". The SJC frequently
cancels or postpones hearings without notice. Press contact: Blain
Rethmeier (Specter) at 202 224-5225, Amanda Flaig (DeWine) at 202 224-7997, or
Lynn Becker (Kohl) at 202 224-5653. Location: Room 226, Dirksen Building.
Extended effective date of the Federal
Communications Commission's (FCC) VOIP customer lockout order. See, the order
contained in the FCC's document titled
Notice' [PDF], numbered DA 05-2085, and released on July 26, 2005. It requires, among
other things, that every interconnected voice over internet protocol (VOIP) service provider
must send every one of its subscribers an FCC mandated statement regarding E911, and that
every interconnected VOIP service provider must send to every one of its customers the FCC
mandated VOIP warning stickers. This order further requires that every interconnected VOIP
service provider obtain acknowledgement from every one of its subscribers, and that it
"disconnect, no later than August 30, 2005, all subscribers from whom it has not
received such acknowledgements". See, extension
order [4 pages in PDF].
|Thursday, September 29
9:30 AM - 5:00 PM. The Antitrust Modernization
Commission (AMC) will hold a hearing on the state action doctrine and
exclusionary conduct. See,
notice in the Federal Register, September 8, 2005, Vol. 70, No. 173, at
Page 53331. Location: Federal Trade Commission,
Main Building, Room 432, 600 Pennsylvania Ave., NW.
10:00 AM. The
House Commerce Committee's (HCC)
Subcommittee on Telecommunications and the Internet will hold a hearing titled
"Public Safety Communications from 9/11 to Katrina: Critical Public Policy
Lessons". The hearing will be webcast by the HCC. See,
notice. Press contact: Larry Neal at 202 225-5735. Location: Room 2123,
10:00 AM. The
Senate Commerce Committee (SCC) will hold the second of two hearings titled
"Communications in Disaster". See,
The hearing will be webcast by the SCC. 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 562, Dirksen
10:30 AM. The
House Ways and Means Committee will hold a hearing titled "Implementation
of the United States Bahrain Free Trade Agreement". See,
Location: Room 1100, Longworth Building.
2:00 PM. The
Senate Judiciary Committee (SJC) will hold
a hearing on pending judicial nominations. The SJC frequently cancels of postpones 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,
2:00 - 4:00 PM. The Department of States' (DOS)
Advisory Committee (ITAC) will meet to prepare for ITU-T Advisory Group. See,
notice in the Federal Register, July 13, 2005, Vol. 70, No. 133, at Page
40414. Location: undisclosed. The DOS states that "Access to these meetings
may be arranged by contacting Julian Minard at minardje at state dot gov.
4:00 - 5:30 PM. The Federal
Communications Bar Association (FCBA) and other groups will host a panel discussion
titled "Making Effective Presentations before Congress and the FCC".
The speakers will be Johanna Shelton (Minority Counsel,
House Commerce Committee), Lauren Belvin
(Legal Advisor to FCC Commissioner Kathleen Abernathy), and
(Sidley Austin Brown & Wood). The price to attend ranges from $0-15. For more
information, and to RSVP, contact Anita Wallgren at 202 736-8468 or awallgren
at sidley dot com. Location: Sidley Austin, 1501 K Street NW.
Knowledge will host an awards ceremony and reception. For more
information, contact Art Brodsky at 202 518-0020 x103. See, PK
release. Location: Sewall-Belmont
House, 144 Constitution Ave., NE (next to the Hart Building on Capitol
|Friday, September 30
Target adjournment date for the House. See,
12:00 NOON. The Federal
Communications Bar Association's (FCBA) Legislative Practice and Wireless
Telecommunications Practice Committees will host a lunch titled "DTV
Transition". The price to attend is $15. Registrations and cancellations
are due by 5:00 PM on Tuesday, September 27, 2005. See,
registration form [PDF].
Location: Sidley Austin, 1501 K Street, NW., 6th
Deadline for applications to be received by the
National Institute of Standards and Technology
(NIST) for Electronics and Electrical Engineering Laboratory (EEEL) Grants. The
EEEL covers semiconductors, electronic instrumentation, radio frequency (RF) technology,
optoelectronics, magnetics, video, electronic commerce as applied to electronic products
and devices, the transmission and distribution of electrical power, national electrical
standards, and law enforcement standards. See,
notice in the Federal Register, January 5, 2005, Vol. 70, No. 3, at Pages 781 - 789.
Deadline to submit comments to the Antitrust
Modernization Commission regarding criminal remedies. See,
notice in the Federal Register, August 10, 2005, Vol. 70, No. 153, at Page