3/27. The House Commerce Committee (HCC) released a draft [34 pages in PDF] of its committee print of a yet to be introduced bill regarding regulation of various internet and communications services.

The HCC's Subcommittee on Telecommunications and the Internet will hold a hearing on this bill on Thursday, March 30, 2006, at 10:00 AM.

The HCC's notice states that the bill is titled "Communications Opportunity, Promotion, and Enhancement Act of 2006". This produces the acronym, COPE Act. However, a HCC release states that this is the "Barton-Rush bill, formally known as the Communications Opportunity, Promotion and Enhancement Act of 2006".

First, the bill would create a national cable franchising regime.

Walter McCormick, head of the U.S. Telecom Association, stated in a release that "This draft legislation will eliminate outdated barriers to entry in the video market and will help spur real competition. We applaud Chairmen Barton and Upton for their efforts to bring meaningful video choice to consumers and we will continue to work with both the House and Senate to update our telecom laws, including stabilizing universal service."

Kyle McSlarrow, head of the National Cable Telecommunications Association (NCTA), stated in a release that "While our policy recommendation would be to reform and streamline the franchising process to ensure speedy entry by new competitors, we are pleased that the national franchising scheme proposed in the House bill seeks to ensure all providers compete on a level playing field. Under any scheme, what matters is the sets of responsibilities assigned to local, state, and federal authorities and we look forward to continuing to work with the Committee to develop an appropriately balanced set of responsibilities for all levels of government."

Second, the bill would also give the Federal Communications Commission (FCC) adjudicatory authority to implement and enforce its policy statement [3 pages in PDF] of August 5, 2005, regarding network neutrality. See, story titled "FCC Releases Policy Statement Regarding Internet Regulation" in TLJ Daily E-Mail Alert No. 1,221, September 26, 2005, and story titled "FCC Adopts a Policy Statement Regarding Network Neutrality" in TLJ Daily E-Mail Alert No. 1,190, August 8, 2005.

Gigi Sohn, head of the Public Knowledge, stated in a release that "We are pleased that the Committee draft included language recognizing the importance of keeping the Internet open to all consumers. However, we do not believe that the draft bill goes far enough. The provisions will not stop the cable and telephone companies from degrading Internet traffic and they do not contain strong enough penalties to discourage misbehavior. Without stronger legislation, the cable and telephone companies will have the power to change the fundamental nature of the Internet. This bill needs significant improvement before it will preserve the open Internet that consumers and service providers expect and deserve."

In contrast, the NCTA's McSlarrow stated that while the bill "has a net neutrality provision narrowly tailored to the FCC policy statement issued in 2005, we continue to believe that the better course is for the government to resist injecting itself into a thriving, dynamic market where investment and innovation are flourishing."

Finally, the bill addresses E911 and voice over internet protocol (VOIP) services.

3/27. The Supreme Court denied certiorari in New York Times v. Hatfill, a defamation case against a newspaper that published news stories. See, Order List [11 pages in PDF] at page 2. See also, Supreme Court docket.

The NYT published news stories about the mailing of letters containing anthrax spores in the fall of 2001, the FBI's investigation, and Stephen Hatfill. Hatfill filed a complaint in U.S. District Court (EDVa) against the NYT pleading the state law claims of defamation and intentional infliction of emotional distress. The District Court dismissed the claims against the NYT for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Hatfill appealed. The Court of Appeals reversed, in a split opinion. The Court of Appeals quoted extensively from pieces in the NYT, and concluded that the complaint adequately alleged claims for defamation and intentional infliction of emotional distress, based upon the court's construction. The dissent argued for affirmance of the District Court. See, story titled "4th Circuit Reinstates Hatfill's Defamation Suit Against NYT" in TLJ Daily E-Mail Alert No. 1,185, August 1, 2005.

The Supreme Court's denial of certiorari lets stand the judgment of the Court of Appeals. The case goes back to the District Court for further proceedings.

This case is New York Times Co. v. Stephen Hatfill, Sup. Ct. No. 05-897, a petition for writ of certiorari to the U.S. Court of Appeals for the 4th Circuit. The Appeals Court case number is 04-2561. The Court of Appeals heard an appeal from the U.S. District Court for the Eastern District of Virginia, D.C. No. CA-04-807-A, Judge Claude Hilton presiding. Judge Dennis Shedd wrote the opinion of the Court of Appeals, in which Judge Wilkins joined. Judge Niemeyer dissented.

3/27. The House Judiciary Committee (HJC) released the Department of Justice's (DOJ) responses [55 pages in PDF] to the HJC's letters regarding the National Security Agency's (NSA) extra-judicial surveillance of electronic communications where one party is within the U.S. and one party is outside the U.S.

The questions and responses also address surveillance of terrorists, the Foreign Intelligence Surveillance Act (FISA), the FISA court, and the Congressional Authorization for the Use of Military Force.

Many of the responses are redundant of prior speeches, prepared testimony, and testimony.

Many DOJ answers are non-responsive. For example, one question is a follows: "Telecommunications companies and Internet Service Providers (“ISPs”) are protected from criminal and civil liability if they are provided a court order from the FlSA court or criminal court or if a high-ranking DOJ official has certified in writing that “No warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required.” Has anyone at the Justice Department provided any telephone companies or ISPs with these certifications in the course of implementing the NSA’s program?"

The DOJ's answer is that this NSA program "is classified and sensitive, and therefore we cannot confirm or deny operational details of the program in this setting". The DOJ likewise declined to provide responsive information for a question regarding which telecommunications companies have have facilitated warrantless interceptions.

3/27. President Bush withdrew the nomination of Henry Saad to be a Judge of the U.S. Court of Appeals for the 6th Circuit. See, White House release. Bush most recently nominated Saad on February 14, 2005. Although, Bush has been trying to place Saad on the Court of Appeals since 2001.

3/16. The Senate confirmed Robert Cresanti to be Under Secretary of Commerce for Technology. His responsibilities include the National Institute of Standards and Technology. He previously worked for the Business Software Alliance (BSA). Before that, he worked for the Information Technology Association of America (ITAA).

3/28. Daniel Caprio (at right), the Chief Privacy Officer and Acting Assistant Secretary for Technology Policy at the Department of Commerce (DOC), will join the Progress and Freedom Foundation (PFF) on April 17, 2006. He will be the PFF's Executive Vice President, and a Senior Fellow. He has chaired the DOC's radio frequency identification (RFID) working group. Prior to working at the DOC, he was Chief of Staff to former Federal Trade Commission (FTC) member Orson Swindle, who is now is a Distinguished Fellow at the PFF.

3/28. Blaine Rethmeier joined the White House Office of Communications. Until March 27 he was responsible for media relations at the Senate Judiciary Committee. He can now be contacted at brethmeier at who dot eop dot gov or 202-456-2777.

3/22. The National Association of Broadcasters (NAB) announced the results of it elections for its Board of Directors for 2006. See, list of 2006 directors.

3/27. The Federal Election Commission (FEC) adopted new rules regarding the regulation of communications on the internet. The FEC approved by 6-0 votes its draft rules [96 pages in PDF], and amendments [13 pages in PDF]. See also, joint prepared statement [2 pages in PDF] of FEC Commissioners Lenard and Weintraub.

3/27. The Federal Communications Commission (FCC) released a notice of proposed rulemaking (NPRM) [52 pages in PDF] regarding the assessment and collection of regulatory fees for fiscal year 2006. This item is FCC 06-38 in MD Docket No. 06-68. Initial comments are due by April 14, 2006. Reply comments are due by April 21, 2006.

3/27. The Federal Communications Commission (FCC) released the text [14 pages in PDF] of its second further notice of proposed rulemaking (2ndFNPRM) regarding the obligation of television licensees to provide educational programming for children and the requirement that television licensees protect children from excessive and inappropriate commercial messages. The FCC adopted, but did not release, this 2ndFNPRM at its meeting of March 17, 2006. See, story titled "FCC Adopts Further NPRM Re Children's Programming Obligations" in TLJ Daily E-Mail Alert No. 1,332, March 20, 2006. This item is FCC 06-33 in MM Docket No. 00-167. Initial comments are due by April 24, 2006. Reply comments are due by May 8, 2006.

3/27. The Government Accountability Office (GAO) released a report [36 pages in PDF] titled "Information Assurance: National Partnership Offers Benefits, but Faces Considerable Challenges". The report states that "Commercial-off-the-shelf information assurance products and information assurance-enabled products or technologiesare readily available to agencies as well as consumers providing needed security services. Acquiring such products for use on national security systems that perform as claimed by the vendors who manufacture these products is a governmentwide challenge. In 1997, the National Information Assurance Partnership (NIAP) was formed by the National Security Agency and the National Institute of Standards and Technology (NIST) to boost federal agencies' and consumers' confidence in commercial-off-the-shelf products. To facilitate this goal, NIAP developed a national program that uses accredited laboratories to independently evaluate and validate the security of vendor products using standardized processes." The report finds that the NIAP's "effectiveness has not been measured or documented". It also finds that the NIAP faces several challenges that "hinder the effective use of the NIAP process by vendors and agencies".

3/24. Peter Allgeier, a Deputy U.S. Trade Representative, spoke and answered questions in Geneva, Switzerland, regarding the World Trade Organization's (WTO) Trade Policy Review of the United States. See, transcript [PDF]. See also, WTO release, which contains hyperlinks to the various parts of its report. And see, story titled "WTO Releases U.S. Trade Policy Review" in TLJ Daily E-Mail Alert No. 1,335, March 23, 2006. Allgeier was asked about U.S. concerns regarding the People's Republic of China, and the WTO's forthcoming trade policy review of China. He said that "We are putting together now the questions that we will put to China where we will be requesting responses in writing." He added that "We will ask about the whole range of policies that they took on when they acceded to the WTO. Obviously things like intellectual property will figure very prominently, but there are many other areas of our relations with China that will be important."

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 information page.

Contact: 202-364-8882.
P.O. Box 4851, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998 - 2005 David Carney, dba Tech Law Journal. All rights reserved.

The House will return from its St. Patrick's Day District Work Period. It will meet 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.

The Senate will meet at 9:45 AM. It will resume consideration of of S 2349, the "Legislative Transparency and Accountability Act of 2006".

8:30 AM - 12:30 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Privacy and Data Security for Communications & Media Companies". See, registration form [PDF]. The price to attend ranges from $50 to $200. Location: Covington & Burling, 1201 Pennsylvania Ave., NW.

TIME AND LOCATION CHANGE. 9:00 AM. The Senate Judiciary Committee (SJC) may hold a partially closed hearing titled "NSA III: War Time Executive Power and the FISA Court". See, notice. The SJC frequently cancels or 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 219, Hart Building.

9:00 AM - 5:15 PM. The Catholic University Law School's Journal of Communications Law and Policy will host its annual communications law symposium. See, agenda. Location: Catholic University of America, Columbus School of Law, 3600 John McCormack Rd., NE.

1:30 PM. Jon Dudas, head of the U.S. Patent and Trademark Office (USPTO), will give a speech to sixth grade students. See, notice. Press contact: Brigid Quinn (USPTO) at 571-272-8400 or brigid dot quinn at uspto dot gov. Location: Ft. Hunt Elementary School, 8832 Linton Lane, Alexandria, VA.

2:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Science, the Departments of State, Justice, and Commerce, and Related Agencies will hold a hearing on the Federal Bureau of Investigation (FBI). The hearing will be webcast by the HAC. Location: Room 2359, Rayburn Building.

2:30 PM. The Senate Judiciary Committee (SJC) may hold a hearing on pending judicial nominations. The SJC frequently cancels or 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, Dirksen Building.

8:30 AM - 5:00 PM. Day two of a conference titled "Intellectual Property in the Global Marketplace". The speakers will include Jon Dudas (head of the USPTO) and Rep. Frank Wolf (R-VA). Press contact: Brigid Quinn (USPTO) at 571-272-8400 or brigid dot quinn at uspto dot gov. Location: Ritz-Carlton Hotel, Tyson's Corner, 1700 Tyson's Boulevard, McLean, VA.

Extended deadline to submit reply comments to the Federal Communications Commission's (FCC) Notice of Proposed Rulemaking (NPRM) [26 pages in PDF] regarding Section 621(a)(1)'s directive that local franchising authorities (LFAs) not unreasonably refuse to award competitive franchises. The FCC adopted this NPRM on November 3, 2005, and released it on November 18, 2005. It is FCC 05-189 in MB Docket No. 05-311. See, notice in the Federal Register, December 14, 2005, Vol. 70, No. 239, at Pages 73973 - 73980. See also, story titled "FCC Adopts NPRM Regarding Local Franchising of Video Services" in TLJ Daily E-Mail Alert No. 1,247, November 4, 2005. See, FCC notice [MS Word] of March 7, 2006.

The House will meet at 10:00 AM for legislative business. The agenda again includes consideration of HR 1606, the "Online Freedom of Speech Act". See, Republican Whip Notice.

9:30 AM. The Senate Judiciary Committee (SJC) may hold a hearing on judicial nominations. The SJC frequently cancels or postpones meetings 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.

10:00 AM. The House Judiciary Committee (HJC) will meet to mark up two bills. One item on the agenda is mark up of HR 1956, the "Business Activity Tax Simplification Act of 2005", sponsored by Rep. Bob Goodlatte (R-VA) and Rep. Rick Boucher (D-VA). This bill would protect and promote businesses that engage in e-commerce by limiting the ability of states to impose business activity taxes (BATs) on out of state businesses without a presence in the state. See, stories titled "House Subcommittee to Hold Hearing on Goodlatte Boucher BAT Bill" in TLJ Daily E-Mail Alert No. 1,219, September 22, 2005, and House Subcommittee Holds Hearing on State Business Activity Taxes" in TLJ Daily E-Mail Alert No. 1,223, September 28, 2005. The meeting will be webcast by the HJC. See, notice. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

10:00 - 11:00 AM. The House Science Committee will meet to mark up HRes 717, a resolution that states that "the Secretary of Commerce is directed to transmit to the House of Representatives, not later than 14 days after the date of the adoption of this resolution, a copy of the final draft report, produced by the professional staff of the Technology Administration, entitled: `Six-Month Assessment of Workforce Globalization In Certain Knowledge-Based Industries´." The meeting will be webcast by the HSC. For more information, contact Sara Gray (Republican staff) at 202-225-6371, or Dan Pearson (Democratic staff) at 202-225-6375. Location: Room 2318, Rayburn Building.

TIME CHANGE. 10:00 AM. The Senate Commerce Committee's (SCC) Subcommittee on Technology will hold a hearing titled "Importance of Basic Research to United States' Competitiveness". The hearing will address "basic research in the physical sciences impacts both long-term economic development in the United States and the ability of American industry to remain globally competitive". The witnesses will be John Marburger (Director of the EOP's Office of Science and Technology Policy), Arden Bement (Director of the National Science Foundation), William Jeffrey (Director of the National Institute of Standards and Technology), Leonard Pietrafesa (National Oceanic and Atmospheric Administration), Steven Knapp (Provost of Johns Hopkins University), and Philip Ritter (Texas Instruments), and Adam Drobot (Telcordia). See, notice. Sen. John Ensign (R-NV) will preside. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. Location: Room 562, Dirksen Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Defense will hold a hearing titled "National Foreign Intelligence Program". The HAC notice states "MEMBERS ONLY". Location: Room H-140, Capitol Building.

10:00 AM. The Senate Finance Committee will hold a hearing titled "U.S. -- China Economic Relations Revisited". The witnesses will be Karan Bhatia (Deputy USTR), Timothy Adams (Under Secretary of the Treasury for International Affairs), Franklin Lavin (Under Secretary of Commerce for International Trade), Robert Hormats (Goldman Sachs), John Frisbie (U.S.-China Business Council), Joe Papovich (Recording Industry Association of America), Gary Joachim (American Soybean Association), and Fred Bergsten (Institute of International Economics). See, notice. Location: Room 215, Dirksen Building.

10:00 AM. The House Financial Services Committee's (HFSC) Subcommittee on Capital Markets will hold a hearing titled "Fostering Accuracy and Transparency in Financial Reporting". Location: Room 2128, Rayburn House Office Building.

10:00 AM. The Supreme Court will hear oral argument in eBay v. MercExchange, Sup. Ct. No. 05-130. See, Supreme Court calendar [PDF], Supreme Court docket, March 16, 2004, opinion [31 pages in PDF] of the Court of Appeals (FedCir), and story titled "Supreme Court to Consider Availability of Injunctive Relief in Patent Cases" in TLJ Daily E-Mail Alert No. 1,261, November 29, 2005. Arguments begin at 10:00 AM. This case is second on the schedule. 90 minutes has been scheduled for the first case.

12:00 NOON. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host a brown bag lunch. The FCBA notice states that "Staff of the Office of Engineering and Technology to discuss how counsel can more effectively and efficiently represent their clients to the Commission, and how the FCC’s staff can better serve the practitioners' needs. This discussion will include management and staff from the OET front office and from the Laboratory Division." Location: FCC, Room 5-B516, 445 12 St., SW.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host a luncheon. The speakers will be Frank Ahrens (Washington Post), Edie Herman (Communications Daily), Jennifer Kerr (AP), Paul Kirby (Telecommunications Reports), Jeremy Pelofsky (Reuters), and Amy Schatz (Wall Street Journal). The price to attend ranges from $10-$40. Reservations and cancellations are due by 5:00 PM on March 23. See, registration form [PDF]. Location: Sidley Austin, 1501 K Street, NW.

1:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Military Quality of Life and Veterans Affairs, and Related Agencies will hold a hearing titled "VA/DHP Information Technology". Location: Room H-143, Capitol Building.

TIME CHANGE. 1:30 - 4:45 PM. The Copyright Office will hold one in a series of hearings on possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. See, CO schedule. See also, notice in the Federal Register, February 23, 2006, Vol. 71, No. 36, at Pages 9302-9303. See also, stories titled "Copyright Office Announces Proceeding on DMCA Anti-Circumvention Exemptions" in TLJ Daily E-Mail Alert No. 1,229, October 7, 2005, and "Copyright Office Announces Hearings on Exemptions to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 1,318, February 27, 2006. Location: Mumford Room, LM-649, James Madison Building, Library of Congress, 101 Independence Ave., SE.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property (CIIP) will hold an oversight hearing titled "Remedies for Small Copyright Claims". The hearing will be webcast by the HJC. See, notice. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

2:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on the Constitution, Civil Rights and Property Rights may hold a hearing on state regulation of violent video games and the First Amendment. The SJC frequently cancels or 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, Dirksen Building.

2:30 - 3:30 PM. The U.S. Chamber of Commerce will host an event titled "Intellectual Property Roundtable featuring Julie Myers". Myers is the new Assistant Secretary for Immigration and Customs Enforcement at the Department of Homeland Security (DHS). See, notice. For more information, contact Scott Eisner ncfevents at uschamber dot com or 202 463-5500. Location: U.S. Chamber, 1615 H St., NW.

2:00 PM? or 3:00 PM? The House Homeland Security Committee' (HHSC) Subcommittee on Management, Integration and Oversight and the House Government Reform Committee's Subcommittee on Government Management, Finance and Accountability will hold a joint hearing titled "Department of Homeland Security Information Technology Challenges and the Future of eMerge2". Scott Charbo (DHS Chief Information Officer) will testify. For more information, contact 202- 282-8010 (DHS), Location: Room 2247, Rayburn Building.

5:15 PM. Deadline to submit to the U.S. International Trade Commission (USITC) requests to appear at its April 20, 2006, hearing on the probable economic effects of the proposed U.S.-Republic of Korea Free Trade Agreement. See, notice in the Federal Register, February 28, 2006, Vol. 71, No. 39, at Pages 10066-10067.

The House will meet at 10:00 AM for legislative business. The agenda again includes consideration of HR 1606, the "Online Freedom of Speech Act". See, Republican Whip Notice.

9:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Immigration, Border Security, and Claims will hold an oversight hearing titled "Should Congress Raise the H1B Cap?". The hearing will be webcast by the HJC. See, notice. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

9:30 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. See, notice. The SJC frequently cancels or postpones meetings without notice. The SJC rarely follows its published agenda. 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.

HEARING, NOT MARK UP. 10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing on HR __, a committee print of a bill to be titled the "Communications Opportunity, Promotion, and Enhancement Act of 2006". See, notice. Press contact: Larry Neal (Barton) at 202 225-5735. The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

TIME CHANGE. 10:00 AM. The Senate Commerce Committee will mark up S 2389, the "Protecting Consumer Phone Records Act". See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991 or Andy Davis (Inouye) at 202 224-4546. Location: Room 562, Dirksen Building.

10:00 AM. The House Science Committee (HSC) will hold a hearing titled "K-12 Science and Math Education Across the Federal Agencies". The witnesses will be Margaret Spellings (Secretary of Education), Arden Bement (Director of the National Science Foundation), John Kelly (Deputy Undersecretary of Commerce for Oceans and Atmosphere, National Oceanic and Atmospheric Administration), Shana Dale (National Aeronautics and Space Administration), and James Decker (Office of Science, Department of Energy). Press contact: Joe Pouliot at 202-225-4275 or joe dot pouliot at mail dot house dot gov. For more information, contact Kara Haas (Republican staff) at 202 -225-7858 or Jim Wilson (Democratic staff) at 202-225-6375. Location: Room 2318, Rayburn Building.

10:00 AM - 12:30 PM. The Department of State's (DOS) Advisory Committee on International Communications and Information Policy (ACICIP) will meet. See, notice in the Federal Register, February 23, 2006, Vol. 71, No. 36, at Pages 9407-9408. Richard Wiley, Chairman of the ACICIP, and attorney at the law firm of Wiley Rein & Fielding, will preside. David Gross, Deputy Assistant Secretary and U.S. Coordinator for International Communications and Information Policy, will speak. The DOS states that admittance is only by means of a pre-arranged clearance list. March 28 is the deadline to request to attend is March 28. Location: Loy Henderson Auditorium, Harry Truman Building, DOS, 2201 C Street, NW.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Practice Committee will host a brown bag lunch. The speakers will be FCC International Legal Advisors. For more information, contact Wendy Parish at wendy at fcba dot org or LeJuan Butler at 202 778-3501. Location: United Nations Foundation, 1225 Connecticut Ave., NW, 4th Floor.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee and Cable Practice Committee will host a brown bag lunch. The topic will be video local franchising. The speakers will be Libby Beatty (National Association of Telecommunications Officers & Advisors), Leora Hochstein (Verizon), and Diane Burstein (National Cable & Telecommunications Association). RSVP by 12:00 NOON on March 27 to Quyen Truong at ttruong at dowlohnes dot com. Location: Dow Lohnes & Albertson, 8th floor, 1200 New Hampshire Ave., NW.

1:00 - 3:00 PM. The Federal Communications Commission's (FCC) Wireless Telecommunications Bureau and the Consumer and Governmental Affairs Bureau will hold a public demonstration of changes to be made to Tower Construction Notification System (TCNS). See, notice [PDF]. The event will be webcast by the FCC. Location: FCC, 6th Floor South Conference Room (Room 6-B516), 445 12th St., SW.

TIME CHANGE. 2:30 PM. The Senate Commerce Committee will hold a hearing titled "Competition and Convergence". The witnesses will be Kyle McSlarrow (National Cable and Telecommunications Association), Earl Comstock (Comptel), Walter McCormick (US Telecom), Steve Largent (CTIA-The Wireless Association), Jerry Ellig (George Mason University), and Mark Cooper (Consumer Federation of America). See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991 or Andy Davis (Inouye) at 202 224-4546. Location: Room 562, Dirksen Building.

6:00 - 9:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers, Wireless and Common Carrier Committees will host an event titled "Young Lawyers Committee Spring Happy Hour". For more information, contact Paul Feldman at 703-812-0403 or feldman at fhhlaw dot com, Jennifer Tatel at 202-736-8038 or jtatel at sidley dot com, or Chris Fedeli at 202-828-9874 or cfedeli at crblaw dot com. Location: Panache, 1825 Desales St., NW.

The House may meet at 10:00 AM for legislative business. The agenda again includes consideration of HR 1606, the "Online Freedom of Speech Act". See, Republican Whip Notice.

8:30 AM - 12:00 NOON. The Electronic Transactions Association (ETA) will host an event titled "Card Processing Industry Education Program". See, agenda [PDF]. For more information, contact Rob Drozdowski at 202-828-2635 ext. 203 or rob dot drozdowski at electran dot org. Location: Columbus Room, Union Station.

9:30 AM - 4:00 PM. The Copyright Office (CO) will hold one is a series of hearings on possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. See, CO schedule. See also, notice in the Federal Register, February 23, 2006, Vol. 71, No. 36, at Pages 9302-9303. See also, stories titled "Copyright Office Announces Proceeding on DMCA Anti-Circumvention Exemptions" in TLJ Daily E-Mail Alert No. 1,229, October 7, 2005, and "Copyright Office Announces Hearings on Exemptions to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 1,318, February 27, 2006. Location: Mumford Room, LM-649, James Madison Building, Library of Congress, 101 Independence Ave., SE.

9:45 AM. The U.S. District Court (DC) will hold a status conference in ACLU v. FBI, D.C. No. 2005-cv-01004-ESH. Location: Courtroom 18, 333 Constitution Ave., NW.

11:00 AM. Federal Communications Commission (FCC) Commissioner Deborah Tate will hold a news conference. The FCC's notice states that this is a "briefing for members of the media" and that attendees should RSVP to Meribeth McCarrick at 202-418-0654 or Meribeth dot McCarrick at fcc dot gov. Location: FCC, Room 8A204, 445 12th St., SW.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a program titled "Orphan Works: A Search for Solutions". The speakers will be Jule Sigall (Associate Register for Policy & International Affairs at the Copyright Office), Prue Adler (Association of Research Libraries), Jonathan Band (attorney), and Steven Metalitz (International Intellectual Property Alliance). Solveig Singleton (PFF) will moderate. See, notice. For more information, contact Eileen Goulding at egoulding at pff dot org or 202-289-8928. Press contact: Patrick Ross at 202 289-8928. Location: Room B-369, Rayburn Building.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its Draft Special Publication 800-88 [40 pages in PDF], titled "Guidelines for Media Sanitization".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its Draft Special Publication 800-53 (Revision 1) [130 pages in PDF], titled "Recommended Security Controls for Federal Information Systems".

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Xerox v. 3Com, No. 2004-1470. Location: Courtroom 201, 717 Madison Place, NW.

9:30 AM - 12:30 PM. The Copyright Office will hold one in a series of hearings on possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. See, CO schedule. See also, notice in the Federal Register, February 23, 2006, Vol. 71, No. 36, at Pages 9302-9303. See also, stories titled "Copyright Office Announces Proceeding on DMCA Anti-Circumvention Exemptions" in TLJ Daily E-Mail Alert No. 1,229, October 7, 2005, and "Copyright Office Announces Hearings on Exemptions to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 1,318, February 27, 2006. Location: Mumford Room, LM-649, James Madison Building, Library of Congress, 101 Independence Ave., SE.

11:00 AM - 2:00 PM. The American Enterprise Institute (AEI) will host a program titled "The Future of U.S. Trade Policy". There will be a panel discussion at 11:00 AM. The speakers will be Claude Barfield (AEI), Lael Brainard (Brookings Institution), Jeffrey Schott (Institute for International Economics), and James Glassman (AEI). Rep. Bill Thomas (R-CA), the Chairman of the House Ways and Means Committee, will give the luncheon address, titled "The Doha Merry-Go Round: When the Music Stops Will the U.S. Be Up or Down?". See, notice. Press contact: Veronique Rodman at 202-862-4870 or VRodman at aei dot org. For more information, contact Daniel Geary at 202-862-5940 or DGeary at aei dot org. Location: 12th floor, 1150 17th St., NW.

5:15 PM. Deadline to submit to the U.S. International Trade Commission (USITC) pre-hearing statements and briefs regarding the probable economic effects of the proposed U.S.-Republic of Korea Free Trade Agreement. (The hearing is scheduled for April 20.) See, notice in the Federal Register, February 28, 2006, Vol. 71, No. 39, at Pages 10066-10067.

Day one of a two day conference hosted by pulvermedia and Isen.com titled "Internet Freedom Conference". See, conference web site. Press Contact: Bage Anderson at 254 772-5909 or bage at weinkrantz dot com. The scheduled speakers include Rep. Rick Boucher (D-VA) and former FCC Chairman Reed Hundt. Location: AFI Silver Theater, Silver Spring, MD.

9:30 AM. The Copyright Office will hold one in a series of hearings on possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. See, notice in the Federal Register, February 23, 2006, Vol. 71, No. 36, at Pages 9302-9303. See also, stories titled "Copyright Office Announces Proceeding on DMCA Anti-Circumvention Exemptions" in TLJ Daily E-Mail Alert No. 1,229, October 7, 2005, and "Copyright Office Announces Hearings on Exemptions to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 1,318, February 27, 2006. Location: Mumford Room, LM-649, James Madison Building, Library of Congress, 101 Independence Ave., SE.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution and Subcommittee on Commercial and Administrative Law will hold a joint oversight hearing titled "Personal Information Acquired by the Government from Information Resellers: Is There Need for Improvement?". The hearing will be webcast by the HJC. See, notice. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "Sexual Exploitation of Children Over the Internet: What Parents, Kids and Congress Need to Know About Child Predators". See, notice. Press contact: Larry Neal (Barton) at 202 225-5735. The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in America Online v. U.S., No. 2005-5138. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Honeywell International v. U.S., No. 2005-5145. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in HLG Electronics v. Bizcom Electronics, No. 2005-1261. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 1:30 PM. The Institute for Policy Innovation (IPI) will host a lunch titled "How States Have Succeeded With Video Franchise Reform". The speakers will be Robert Cresanti (Department of Commerce), Brandt Hershman (Indiana State Senate), Rick Cimerman (National Cable and Telecommunications Association), Barry Aarons (IPI), and Bartlett Cleland (IPI). Press contact: Sonia Blumstein at soniab at ipi dot org or 703-912-5742. For more information, contact Betty Medlock at bmedlock at ipi dot org or 972-874-5139. See, notice. Location: Charlie Palmer Steak Restaurant on the Hill, 101 Constitution Ave., NW.

2:30 PM. The Senate Commerce Committee's Subcommittee on Science and Space will hold a hearing titled "National Science Foundation and Science Priorities". Sen. Kay Hutchison (R-TX) will preside. Location: Room 562, Dirksen Building.

Day two of a two day conference hosted by pulvermedia and Isen.com titled "Internet Freedom Conference". See, conference web site. Press Contact: Bage Anderson at 254 772-5909 or bage at weinkrantz dot com. The scheduled speakers include Rep. Rick Boucher (D-VA) and former FCC Chairman Reed Hundt. Location: AFI Silver Theater, Silver Spring, MD.

TIME? The Internal Revenue Service (IRS) will hold a hearing regarding its (1) notice of proposed rulemaking, and (2) proposed revenue procedure, pertaining to tax return preparers' use and disclosure of tax return information in an electronic environment. See, IRS notice in the Federal Register that describes and recites proposed changes to its rules implementing 26 U.S.C. § 7216, Federal Register, December 8, 2005, Vol. 70, No. 235, at Pages 72954 - 72964. See also, IRS web site notice [16 pages in PDF] that describes and contains the proposed revenue procedure. And see, story titled "IRS Releases Proposed Rules Regarding Electronic Tax Preparation" in TLJ Daily E-Mail Alert No. 1,268, December 8, 2005. Location: __.

Day one of a three day conference hosted by the National Institute of Standards and Technology (NIST) titled "5th Annual PKI R&D Workshop: Making PKI Easy to Use". See, notice. Location: NIST, Green Auditorium, Bldg. 101, 100 Bureau Drive, Gaithersburg, MD.