|Bush and U.S. Attorneys Advocate Enactment
of Conference Report on PATRIOT Act Extension
1/3. President Bush signed
S 2167 on Friday,
December 30, 2005. This is a short untitled bill that extends the sunset date of the 16
sections of the USA PATRIOT Act that were scheduled to sunset on December 31, 2005. The
extended sunset date is February 3, 2006. See also, story titled "House and Senate
Approve Five Week Extension of Sunsetted Sections of PATRIOT Act" in TLJ Daily E-Mail
Alert No. 1,279, December 23, 2005.
On Tuesday, January 3, 2006, President Bush held a meeting with U.S. Attorneys and other
government officials at the White House regarding extending the expiring provisions of the
USA PATRIOT Act. The White House press office released the text of a
that he delivered.
He said that "We're talking about the Patriot Act and how useful
the Patriot Act has been to safeguard America, and at the same time, safeguard
liberties of Americans. And yet, the Patriot Act is going to expire in 30 days.
And these good folks, whose task it is to do everything they can to protect the
American people from a terrorist enemy that wants to hit us again, is asking the
United States Congress to give them the tools necessary to do their jobs. And
I'm asking the Congress to do so, as well."
"The American people expect to be protected. And the Patriot Act is a really
important tool for them to stay protected", said Bush. "For four years, that's
what's happened. These good folks have used the Patriot Act to protect America.
There's oversight on this important program. And now, when it came time to renew
the act, for partisan reasons, in my mind, people have not stepped up and have
agreed that it's still necessary to protect the country. The enemy has not gone
away -- they're still there. And I expect Congress to understand that we're
still at war, and they've got to give us the tools necessary to win this war."
Some of the U.S. Attorneys present at the event spoke to reporters afterwards. See,
U.S. Attorneys are nominated by the President, and confirmed by the Senate. Each U.S.
Attorney leads a U.S. Attorneys Office (USAO) for a federal judicial district. The main,
but not sole, responsibility of the USAOs is to prosecute federal crimes.
Mary Beth Buchanan, the U.S. Attorney for the Western District of
Pennsylvania, stated that "We support the conference report. We believe that
this report gives us the adequate tools that we need to investigate terrorism
and to protect the people from criminal activity. We believe that this provides
adequate safeguards in every respect, and we fully support this report. And we
would ask Congress to enact this legislation and to make the Patriot Act
permanent to give us the tools that we need."
In December, the House, but not the Senate, approved the huge
[PDF] on HR 3199,
the "USA PATRIOT Improvement and Reauthorization Act of 2005".
|People and Appointments
1/3. Michael Copps took the oath of office for a second term as a member of
the Federal Communications Commission (FCC). See, FCC
[PDF]. Deborah Tate took the oath of office as a new member of the FCC. See, FCC
[PDF] and Tate
statement [PDF]. President Bush has not yet nominated a replacement for
former Commissioner Kathleen Abernathy.
1/3. Mike Gallagher, head of the Department of Commerce's
National Telecommunications and Information
Administration (NTIA) will leave his current position later this month. The
NTIA's press office further states that he has not announced what he will do
next, other than that he will remain in the Washington DC area. The Secretary of
Commerce has not yet announced who will become the acting head of the NTIA.
1/3. Brian Cartwright was named General Counsel of the
Securities and Exchange Commission (SEC),
effective January 23, 2006. He will replace Giovanni Prezioso. Cartwright
is a partner in the law firm of Latham & Watkins.
Chris Cox, the Chairman of the SEC, also worked for this law firm, long
ago. See, SEC release.
1/3. Steve Vest rejoined the National
Cable Telecommunications Association (NCTA) as Vice President, Government
Relations. He worked for Gemstar-TV Guide International and Bracewell &
Giuliani. See, NCTA
12/23. The Federal Bureau of Investigation
(FBI) announced in a
that it wants to hire a "large number of Information Technology (IT)
12/28. The Electronic Privacy Information
Center (EPIC) published in its web site a copy of a
"The Boundaries of Privacy in American Society". Judge Sam Alito participated in
the writing of this report over thirty years ago while a student at Princeton
University. See especially,
the Chairman [PDF], written by Alito. The Senate will begin hearings on his
nomination to be a Justice of the Supreme Court on Monday, January 9, 2006.
12/22. Microsoft stated in a
release that "Microsoft, Dr. Lee and Google have reached an agreement that
settles their pending litigation. The parties have entered into a private
agreement that resolves all issues to their mutual satisfaction. The terms of
the agreement are confidential and all parties have agreed to make no other
statements to the media regarding it. Microsoft is pleased with the terms of the
settlement." See also, stories titled "Trial Court Issues Preliminary
Injunction in Microsoft v. Kai-Fu Lee and Google" in
TLJ Daily E-Mail
Alert No. 1,214, September 15, 2005, and "Microsoft Sues Former Employee Who
Joined Google" in
TLJ Daily E-Mail Alert No. 1,178, July 20, 2005.
12/20. Rep. Joe Barton (R-TX), the
Chairman of the House Commerce
Committee (HCC), and Rep. Charles Bass
(R-NH), a member of the HCC, wrote a
to Federal Trade Commission (FTC) Chairman
Deborah Majoras in which they requested that the FTC "look into how gift cards
are marketed, sold, and used, and to report back on its findings in a letter to
the Committee by February 17, 2006."
|About Tech Law Journal
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Copyright 1998 - 2005 David Carney, dba Tech Law Journal. All
|There was no issue of the TLJ Daily E-Mail Alert on Monday,
January 2, 2006, or Tuesday, January 3, 2006.
|Washington Tech Calendar
New items are highlighted in red.
|Wednesday, January 4
The House will not meet. It will convene for the 2nd Session of the
109th Congress on Tuesday, January 31, 2006.. See, Majority Whip's
The Senate will not meet. It will convene for the 2nd Session of the
109th Congress on Wednesday, January 18, 2006. See,
2006 Senate calendar.
10:00 - 11:00 AM. The
U.S. Chamber of Commerce will host an event
titled "The Chamberís 2006 Agenda and the State of American Business".
The Chamber will release a report titled "State of American Business". Tom
Donahue (P/CEO) and Bruce Josten (EVP for Government Affairs) will speak and
answer questions. Location: U.S. Chamber of Commerce, 1615 H Street, NW.
Deadline to submit to the Library of Congress'
Copyright Royalty Board petitions to
participate in its proceeding commenced at the request of
XM Satellite Radio. The purpose of this
proceeding is to determine the reasonable rates and terms for the transmission
and ephemeral recording statutory licenses that would apply to a new
subscription service that performs sound recordings on digital audio channels
programmed by the licensee for transmission by a satellite television
distribution service to its residential customers, where the audio channels
are bundled with television channels as part of a basic package of service and
not for a separate fee. See,
notice in the Federal Register, December 5, 2005, Vol. 70, No. 232, at
Pages 72471 - 72472.
|Thursday, January 5
2:00 PM. Jim Williams, Director of the
Department of Homeland Security's (DHS)
US-VISIT program will hold a media roundtable on titled "2005
Accomplishments". The DHS notice states that "Media wishing to attend this
event must present valid press credentials and arrive NO LATER than 1:30 PM EST".
Location: 1616 N. Ft. Myer Drive, Arlington, VA.
|Friday, January 6
12:00 NOON. The Federal Communications
Bar Association's (FCBA) Wireless Telecommunications Practice Committee will host
a lunch. There will be a debate regarding municipal WiFi networks between
(Progress & Freedom Foundation) and Harold Feld (Media Access Project). See,
registration form [PDF].
The price to attend is $15. Location: Sidley Austin, 1501 K Street, NW.
4:00 - 7:00 PM. The
International Trademark Association (INTA)
will host a symposium titled "Should Parma be a Trademark? Issues
Surrounding Geographical Marks and Indicators". The speakers will be Roger
Schechter (George Washington University Law School), Lionel Bently (University
of Cambridge), Min-Chiuan Wang (Institute of Technology Law, National Chiao-Tung University
in Taiwan), and Glynn Lunney (Tulane University School of Law). See,
Deadline to submit reply comments to the
Office of the U.S. Trade Representative (USTR)
regarding the operation, effectiveness, and implementation of and compliance with
(1) the World Trade Organization (WTO) agreements
affecting market opportunities for telecommunications products and services of the
U.S., (2) the telecommunications provisions of the North American Free Trade
Agreement (NAFTA), (3) the U.S. free trade agreements (FTAs) with Chile, Singapore,
and Australia, and (4) any other FTAs coming into effect by January 1, 2006. See,
notice in the Federal Register, November 16, 2005, Vol. 70, No. 220, at
Pages 69621 - 69622.
|Monday, January 9
12:00 NOON. The
Senate Judiciary Committee (SJC)
will begin its hearings on the nomination of Judge Sam Alito to be a Justice
of the Supreme Court. Location: Room 216, Hart Building.
10:00 AM. The U.S.
Court of Appeals (FedCir) will hear oral argument in Sharp Kabushiki v.
ThinkSharp, Inc., No. 05-1220. This is a dispute regarding registration of
the mark "Thinksharp" for computer software by ThinkSharp, Inc. Sharp,
which makes electronics products, objects. Location: Courtroom 201, 717 Madison
The Federal Communications Commission
(FCC) will begin a mock auction for its FM Broadcast Construction Permits Auction (Auction
No. 62). See,
Public Notice [PDF] numbered DA 05-3204, and dated December 21, 2005.
|Tuesday, January 10
9:00 AM. The President's
Council of Advisors on Science and Technology (PCAST) will hold an open
meeting. The tentative agenda for this meeting includes a presentation on the
Federal Networking and Information Technology Research and Development (NITRD) program,
an update on nanotechnology, and a briefing on the U.S.-China S&T Forum. See,
notice in the Federal Register, December 23, 2005, Vol. 70, No. 246, at Page
76286. Location: Washington Room, Hotel Washington located at 515 15th St., NW.
10:00 AM. The Supreme
Court will hear oral argument in Texaco v. Dagher and Shell
v. Dagher. This case involves the application of antitrust law to lawful joint
ventures. See, story titled "Supreme Court Grants Certiorari in Dagher" in
TLJ Daily E-Mail
Alert No. 1,163, June 28, 2005, and
titled "Verizon Seeks Reversal in Texaco v. Dagher" in
TLJ Daily E-Mail
Alert No. 1,232, October 12, 2005. See also, Supreme Court
10:00 AM. The U.S.
Court of Appeals (FedCir) will hear oral argument in Microchip
Technology v. Chamberlain Group, No. 05-1339. Location: Courtroom 402,
717 Madison Place, NW.
10:00 AM. The U.S.
Court of Appeals (FedCir) will hear oral argument in Resonate, Inc.
v. Alteon Websystems, No. 05-1336. This is a patent case involving
internet traffic routers and switches. See also, Resonate, Inc. v. Alteon
Websystems, Inc., 338 F.3d 1360 (Fed. Cir. 2003). Location: Courtroom 201,
717 Madison Place, NW.
|Wednesday, January 11
12:00 NOON - 1:30 PM. The DC
Bar Association's Intellectual Property Law Section will host a panel discussion
titled "Post-Grokster: What the Supreme Court Decision Means to You and Your
Clients". The speakers will include John Hornick (Finnegan Henderson). 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.
12:15 PM. The Federal
Communications Bar Association's (FCBA) Transactional
Practice Committee will host a brown bag lunch regarding the "Implications of
the recent Media Bureau decisions rescinding grants of assignment/transfer of
control applications after the parties have closed". For more information,
contact Howard Liberman at hliberman at dbr dot com. Location: __.
2:00 - 4:00 PM. The Department of State's
Advisory Committee (ITAC) will hold the first in a series of weekly meetings to
prepare for the International Telecommunications Union's (ITU)
2006 ITU Plenipotentiary Conference,
to be held November 6-24, 2006, in Antalya, Turkey. See,
notice in the Federal Register, December 21, 2005, Vol. 70, No. 244, at Page 75854.
This notice incorrectly states that these meetings will be held on Tuesdays;
they are on Wednesdays. For more
information, contact Julian Minard at 202 647-2593 or minardje at state dot gov.
Location: AT&T, 1120 20th St., NW.
Deadline to submit reply comments to the
Federal Communications Commission (FCC) regarding
the petition for declaratory ruling (DR) filed by Grande Communications that seeks a
DR regarding the treatment of traffic terminated through Grande to end users of
interconnected local exchange carriers (LECs), in circumstances where customers of
Grande have certified that the traffic originated in Internet protocol (IP) format. See,
notice in the Federal Register, November 2, 2005, Vol. 70, No. 211, at Pages 66411
- 66412. See also, story titled "FCC Sets Comment Deadlines for DR Petition on IP
Originated VOIP Traffic and Intercarrier Compensation" in
TLJ Daily E-Mail Alert
No. 1,246, November 3, 2005. This proceeding is WC Docket No. 05-283.
Deadline to submit to the Department of Commerce's
Technology Administration nominations of individuals to serve on the National
Medal of Technology Nomination Evaluation Committee. See,
notice in the Federal Register, December 12, 2005, Vol. 70, No. 237, at