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April 25, 2006, Alert No. 1,357.
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Gonzales Proposes Data Retention Mandate, Web Site Labeling, and Ban on Deceptive Source Code

4/20. Attorney General Alberto Gonzales gave a speech in Alexandria, Virginia, in which he proposed that internet service providers (ISPs) be required to retain data. The Department of Justice (DOJ) also released a draft bill [PDF] that would require web site operators to label web sites that contain "sexually explicit material", and criminalize the deceptive use of words in the source code of certain web sites.

Gonzales' argument for a data retention mandate is that the internet is used to disseminate child pornography (CP), that the federal government wants to enforce laws that criminalize CP, and that requiring all ISPs to retain data will facilitate investigation and prosecution of CP laws.

The Center for Democracy and Technology (CDT) responded that "Data retention requirements would be burdensome, raise serious privacy concerns, and be of questionable value given existing laws that require ISPs to preserve data at the request of law enforcement."

Alberto GonzalesGonzales (at right) said that "we have to make sure law enforcement has all the tools and information it needs to wage this battle. The investigation and prosecution of child predators depends critically on the availability of evidence that is often in the hands of Internet service providers. This evidence will be available for us to use only if the providers retain the records for a reasonable amount of time. Unfortunately, the failure of some Internet service providers to keep records has hampered our ability to conduct investigations in this area."

He continued that "I have asked the appropriate experts at the Department to examine this issue and provide me with proposed recommendations. And I will reach out personally to the CEOs of the leading service providers, and to other industry leaders, to solicit their input and assistance. Record retention by Internet service providers consistent with the legitimate privacy rights of Americans is an issue that must be addressed."

He also said that the Bush administration "will send to Congress a new piece of legislation, the Child Pornography and Obscenity Prevention Amendments of 2006. This legislation will help ensure that communications providers report the presence of child pornography on their systems by strengthening criminal penalties for failing to report it. It will also prevent people from inadvertently stumbling across pornographic images on the Internet. I hope Congress will take up this legislation promptly."

He concluded, "I have directed my staff to see what else we can do."

The DOJ sent a letter and proposed bill [10 pages in PDF] to House Speaker Denny Hastert. This draft bill does not include a data retention mandate. Gonzales did not explain in his speech how this data retention mandate would operate.

However, this draft bill would toughen the existing requirement that service providers report violations of CP laws, compel web site operators to label web sites that contain "sexually explicit material", and criminalize the deceptive use of words in web page source code.

First, the draft bill would impose large criminal penalties on upon a "provider of electronic communication services or remote computing services" who "knowingly and willfully fails" to report violations of CP laws.

Second, it would compel speech on web sites with "sexually explicit material". The draft bill provides that "No person who operates a website located on the Internet where such website is primarily operated for commercial purposes ... may knowingly, and with knowledge of the character of the material, place on that website sexually explicit material, and (A) fail to include on each page of the website that contains sexually explicit material, the marks and notices prescribed by the Commission under this subsection; and (B) fail to provide that the matter on the website that is initially viewable, absent any further actions by the viewer, does not include any sexually explicit material."

This provision would not apply to "a telecommunications carrier engaged in the provision of a telecommunications service" or to "a person engaged in the business of providing an Internet access service".

Third, the draft bill would criminalize deceptive uses of words in the metatags or other source code of certain web pages. It provides that "Whoever knowingly embeds words or digital images into the source code of a website with the intent to deceive a person into viewing material constituting obscenity shall be fined under this titled or imprisoned not more than 2 years, or both."

It also provides that "Whoever knowingly embeds words or digital images into the source code of a website with the intent to deceive a minor into viewing material harmful to minors on the Internet shall be fined under this title or imprisoned not more than 4 years, or both."

TLJ published a story titled "Keyword Deception Is Common In Political Web Sites" on September 3, 1999. This story addressed the deceptive use of words in the source code of web sites of political candidates and committees to drive traffic to these web sites. These were political, not CP, websites. However, the methods for using source code to attract traffic are the same.

Several Republican candidates for President, including Sen. Orrin Hatch (R-UT), Sen. John McCain (R-AZ), and former Vice President Dan Quayle, used deceptive keywords. George Bush did not. Also, both the Republican National Committee and the Democratic National Committee used keyword deception.

See, also, table titled "Summary of Features of Web Sites of Presidential Candidates and other Political Entities".

House Commerce Committee to Mark Up COPE Act

4/24. The House Commerce Committee (HCC) will meet to begin its mark up of HR __, a yet to be introduced bill titled the "Communications Opportunity, Promotion, and Enhancement Act of 2006", or COPE Act.

The HCC will begin with opening statements of members at 5:00 PM on Tuesday, April 25, 2006. It will then proceed to consideration of amendments at 10:00 AM on Wednesday, April 26. The hearing will be webcast by the HCC. See, HCC notice. This could be a long mark up session. The Subcommittee mark up lasted until about 6:00 PM.

The HCC's Subcommittee on Telecommunications and the Internet amended and approved the COPE Act on April 5, 2006. See, stories titled "House Subcommittee Approves COPE Act", "House Subcommittee Rejects Network Neutrality Amendment", and "Amendment by Amendment Summary of Subcommittee Mark Up of COPE Act" in TLJ Daily E-Mail Alert No. 1,344, April 6, 2006.

Title I of the bill provides that certain cable operators may obtain a national cable franchise. Title II provides that the Federal Communications Commission (FCC) is authorized to enforce its August 2005 policy statement [3 pages in PDF] regarding network neutrality through case by case adjudicatory proceedings. Title III extends the E-911 regulatory regime to voice over internet protocol (VOIP) service. Title IV provides that state and local entities may provide any telecommunications, information or cable service.

On April 24 an ad hoc group titled the Save the Internet coalition held a telephonic news conference to criticize the network neutrality provisions of the bill as insufficient to protect the historically open nature of the internet.

The participants included Vint Cerf (Google), Tim Carr (Free Press), Craig Newmark (Craig's List), Chris Rabb (Afro Netizen.com), Gigi Sohn (Public Knowledge), Mark Cooper (Consumer Federation of America), and Craig Fields (Gun Owners of America).

Cerf argued that the lack of a hard network neutrality mandate will destroy the openness and neutrality of the internet, and thereby harm innovation. He said that network neutrality entails enabling content providers to access their consumers.

Fields argued that internet communications has changed grass roots lobbying, and hence, the political process. He said that previously politicians could move legislation so quickly that grass roots lobbying campaigns, using U.S. Postal Service mail, could not be organized quickly enough to affect the legislative process. He continued that with internet communications, grass roots lobbying moves more quickly. He said that "the politicians can't hide behind time anymore".

However, he argued that the telecommunications companies that are lobbying for enactment of the COPE Act "have internal anti-gun policies", and will use the control over the broadband access facilities to shut out organizations from the free market of ideas.

FCC Issues Notice Regarding Procedures for Transition of the 1710-1755 MHz Band

4/20. The The Federal Communications Commission (FCC) issued a notice regarding the transition of the 1710-1755 MHz band from federal to non-federal use.

This notice states that the FCC, in consultation with the National Telecommunications and Information Administration (NTIA),  "will require all AWS licensees to coordinate AWS use of the 1710-1755 MHz band during the transition so that licensees can deploy their systems in a timely and efficient manner without causing harmful interference to existing federal operations during the transition. Coordination will assist new licensees in determining when new systems can be deployed without causing harmful interference to federal incumbents. At the same time, coordination will provide federal incumbents with some assurance that critical operations will not be interrupted due to harmful interference."

The notice states that "The Commission’s Part 24 and Part 101 rules contain coordination rules applicable to shared use of the PCS band which may provide guidance regarding similar procedures that could be used in the AWS band." In particular, "In engineering a system or modification thereto, the applicant must, by appropriate studies and analyses, select sites, transmitters, antennas and frequencies that will avoid interference in excess of permissible levels to other users. All applicants and licensees must cooperate fully and make reasonable efforts to resolve technical problems and conflicts that may inhibit the most effective and efficient use of the radio spectrum; however, the party being coordinated with is not obligated to suggest changes or re-engineer a proposal in cases involving conflicts."

The FCC's notice also enumerates several "pre-operational procedures", adherence to which will "constitute a reasonable effort on the part of AWS licensees to comply with the license condition that they coordinate frequency usage with incumbent federal users." These procedures address contacting federal agencies, interference analyses, non-disclosure agreements, and TIA Bulletin 10F.

The notice also enumerates several requirements imposed upon federal agencies.

The notice concludes with the statements that "AWS licensees unable to reach agreement on the mitigation of interference may seek redress from the Commission", and "For federal agencies, in the event that the potential for harmful interference cannot be resolved satisfactorily, the matter may be referred to the NTIA, for assistance."

This item is FCC 06-50 in WTB Docket No. 02-353.

People and Appointments

4/24. President Bush nominated Philip Gutierrez to be a Judge of the U.S. District Court for the Central District of California. See, White House release. He is currently a Judge of the Superior Court of California, Los Angeles County.

4/24. President Bush nominated Daniel Porter Jordan III to be a Judge of the U.S. District Court for the Southern District of Mississippi. See, White House release.

4/24. President Bush nominated Daniel Sullivan to be an Assistant Secretary of State (Economic and Business Affairs). If confirmed by the Senate, he will replace Anthony Wayne. See, White House release. Bush had previously announced that he would make the nomination.

4/20. Douglas Wiley was named EVP of Government Relations at the National Association of Broadcasters (NAB). He previously worked for the Electronics Industry Association (EIA). See, NAB release.

More News

4/24. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) published a notice in the Federal Register that describes, recites, and sets the effective date for, amendments to the Export Administration Regulations. These amendments make extensive changes regarding the export of high performance computers. The effective date is April 24, 2006 for most provisions. See, Federal Register, April 24, 2006, Vol. 71, No. 78, at Pages 20876-20894.

4/19. The Federal Communications Commission (FCC) issued a notice [10 pages in PDF] that sets deadlines to submit comments regarding the transfer of licenses associated with the AT&T, BellSouth, and Cingular transaction. This is nominally a license transfer proceeding, but is also in the nature of an antitrust merger review. Initial comments are due by June 5, 2006. Reply comments are due by June 20, 2006. This proceeding will be governed by "permit but disclose" ex parte communications procedures under Section 1.1206 of the FCC's rules. See also, the FCC's web page for its AT&T/BellSouth/Cingular merger review. This proceeding is WC Docket No. 06-74.

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Washington Tech Calendar
New items are highlighted in red.
Tuesday, April 25

The House will return from its "Spring 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 several items under suspension of the rules, including HR 4709, the "Law Enforcement and Phone Privacy Protection Act of 2006". See, Republican Whip Notice.

The Senate will meet at 9:45 AM for morning business. It will then vote on the nomination of Gray Miller to be a Judge of the U.S. District  Court for the Southern District of Texas. It will then begin consideration of HR 4939, the "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006".

10:00 AM. The Senate Banking Committee will hold a hearing titled "A Review of Current Securities Issues". See, notice. The witness will be Chris Cox, Chairman of the Securities and Exchange Commission (SEC). Press contact: John Heine (SEC) at 202-551-4120. Location: Room 538, Dirksen Building.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for the CITEL PCC.II (Radiocommunication including Broadcasting) meetings on June 20-23, 2006, in Lima, Peru, and on October 17-20, 2006, in San Salvador, El Salvador. See, notice in the Federal Register, March 29, 2006, Vol. 71, No. 60, at Page 15798. Location: __.

2:00 - 4:00 PM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet to consider "new rules that could change the Commission's implementation of Section 309(j) of the Communications Act, which requires the Commission to ensure, inter alia, that small businesses and businesses owned by members of minority groups and women are given the opportunity to participate in the provision of spectrum-based services". (Emphasis added.) See, FCC notice [PDF] and notice in the Federal Register, April 20, 2006, Vol. 71, No. 76, at Page 20401. The public may attend telephonically on a listen only basis. Telephone 800-347-3350 and identify Diego Ruiz as the conference call's chairman. Location: undisclosed.

2:00 - 4:00 PM. The U.S. Patent and Trademark Office (USPTO) will host an event "to educate the public on USPTO's plans to streamline the application review process". See, USPTO release. Press contact: Brigid Quinn or Ruth Nyblod at 571-272-8400, brigid dot quinn at uspto dot gov or Ruth dot nyblod at uspto dot gov. Location: USPTO, Madison Auditorium, 600 Dulany Street, Alexandria, VA.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Emergency Preparedness, Science, and Technology will hold a hearing titled "The State of Interoperable Communications: Perspectives on Federal Coordination of Grants, Standards, and Technology". Location: Room 311, Rayburn Building.

2:00 PM. The House Judiciary Committee's (HJC) Task Force on Telecom and Antitrust will hold an oversight hearing titled "Network Neutrality: Competition, Innovation and Nondiscriminatory Access". The witnesses will be Paul Misener (Amazon.com), Earl Comstock (CompTel), Walter McCormick (U.S. Telecom Association), and Timothy Wu (Columbia Law School). See, notice. The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

DATE AND TIME CHANGE. 2:15 PM. The Senate Judiciary Committee (SJC) may hold a hearing on judicial nominations, including Milan Smith (to be a Judge of the U.S. Court of Appeals for the 9th Circuit), Renee Marie Bumb (U.S. District Court for the District of New Jersey), Noel Lawrence Hillman (U.S.D.C., District of New Jersey), Peter Sheridan (U.S.D.C., District of New Jersey), Susan Davis Wigenton (U.S.D.C., District of New Jersey). The SJC frequently cancels or postpones hearings without notice. The SJC frequently cancels or postpones hearings without notice. See, notice. Press contact: 202-224-5225. Location: Room 226, Dirksen Building.

5:00 PM. The House Commerce Committee (HCC) will meet to begin its mark up of HR __, the "Communications Opportunity, Promotion, and Enhancement Act of 2006", or COPE Act. This session is for opening statements. See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202 225-5735 or Terry Lane (Barton) at 202 225-5735. Location: Room 2123 Rayburn Building.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the request contained in the Twelfth Annual Report on the status of competition in the market for the delivery of video programming for comments on the best methodologies and data for measuring the 70-percent thresholds and, if the thresholds have been met, what action might be warranted to achieve the statutory goals. See, notice of extension [PDF].

Wednesday, April 26

The House will meet at 10:00 AM for legislative business. The House may consider HR 5020, the "Intelligence Authorization Act for Fiscal Year 2007", subject to a rule. See, Republican Whip Notice.

8:00 AM. The Federal Communications Bar Association (FCBA) will host a breakfast. The speakers will be Sen. John Sununu (R-NH) and Rep. Rick Boucher (D-VA). Registrations and cancellations are due by 5:00 PM on April 20. The price to attend ranges from $30 to $55. See, registration form [PDF]. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

9:00 AM - 12:45 PM. The Cato Institute will host a conference titled "Copyright Controversies Freedom, Property, Content Creation, and the DMCA". Lunch will follow the program. See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

SHORTENED TO ONE DAY. 9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee will meet. The BIS regulates exports. The agenda includes "VOIP Networks". See, original notice in the Federal Register, April 13, 2006, Vol. 71, No. 71, at Page 19164, and revised notice in the Federal Register, April 20, 2006, Vol. 71, No. 76, at Page 20389. For more information, contact Yvette Springer at 202-482-4814. Location: Hoover Building, Room 3884, 14th and Pennsylvania Ave., NW.

9:30 AM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Parity, Platforms and Protection: The Future of the Music Industry in the Digital Radio Revolution". The witnesses will be Todd Rundgren (lead singer of The New Cars), Victoria Shaw (songwriter), Edgar Bronfman (Warner Music Group), Gary Parsons (XM Satellite Radio), Bruce Reese (Bonneville International Corp.), Mark Lam (Live365), and Anita Baker (singer). See, notice. The SJC frequently cancels or postpones hearings without notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Commerce Committee (HCC) will continue its mark up of HR __, the "Communications Opportunity, Promotion, and Enhancement Act of 2006", or COPE Act. See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202-225-5735 or Terry Lane (Barton) at 202 225-5735. Location: Room 2123 Rayburn Building.

10:00 AM. The Senate Commerce Committee's (SCC) Subcommittee on Technology will hold a hearing titled "Fostering Innovation in Math and Science Education". This hearing will address "the importance of science and mathematics education from kindergarten through graduate school in fueling future developments in the 21st Century’s high-tech innovation economy". Sen. John Ensign (R-NV) will preside. The witnesses will be Mary Ann Rankin (University of Texas at Austin), Paul Dugan (Washoe County School District), Thomas McCausland (Siemens Medical Solutions), and Ioannis Miaoulis (Museum of Science, Boston). 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 Senate Finance Committee will hold a hearing titled "Authorizations of Customs and Trade Functions". See, notice. Location: Room 215, Dirksen Building.

10:00 AM. The House Financial Services Committee's (HFSC) Subcommittee on Capitol Markets will hold a hearing titled "America’s Capital Markets: Maintaining Our Lead in the 21st Century". Location: Room 2128, Rayburn Building.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold an oversight hearing titled "The Department of Justice: Executive Office for United States Attorneys, Civil Division, Environment and Natural Resources Division, Executive Office for United States Trustees, and Office of the Solicitor General". The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

RESCHEDULED FOR APRIL 25 AT 2:15 PM. 2:00 PM. The Senate Judiciary Committee (SJC) may hold a hearing on judicial nominations.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Key Court Rulings Affecting Information Technology Practices and Stategies". It will cover "key recent court decisions affecting the protection, licensing and distribution of computer software, databases and other information content. It will also examine decisions on liability relating to the creation, use, procurement, security and support of information technology and information systems, the Internet and e-commerce". The speakers will include J.T. Westermeier (DLA Piper Rudnick Gray Cary). The price to attend ranges from $70-$125. For more information, call 202 626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

The National Institute of Standards and Technology (NIST) will host an event titled "FISMA Phase II Workshop on a Program for Accreditation of Information Security Assessment Services". See, notice. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

Thursday, April 27

The House will meet at 10:45 AM for legislative business. The House may consider HR 5020, the "Intelligence Authorization Act for Fiscal Year 2007", subject to a rule. See, Republican Whip Notice.

SHORTENED TO ONE DAY. Day two of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee. The BIS regulates exports. The agenda includes "VOIP Networks". See, notice in the Federal Register, April 13, 2006, Vol. 71, No. 71, at Page 19164. For more information, contact Yvette Springer at 202-482-4814. Location: Hoover Building, Room 3884, 14th and Pennsylvania Ave., NW.

9:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing titled "Patent Harmonization". The witnesses will be Todd Dickinson (General Electric Company), Robert Armitage (Eli Lilly and Company), Gary Mueller (Digital Now, Inc.), and Pat Choate (author of Hot Property: The Stealing of Ideas in an Age of Globalization). See, notice. The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

9:30 - 11:30 AM. The House Science Committee will hold a hearing on HR 5143, the "H-Prize Act of 2006". The purpose of this bill is to incent technological innovation by providing for the government to give monetary awards to businesses, universities, and individuals that innovate. It would apply only to hydrogen energy technologies. Location: Room 2318, Rayburn Building.

9:30 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. See, notice. The SJC frequently cancels or postpones hearings without notice. Press contact: 202-224-5225. Location: Room 226, Dirksen Building.

11:00 AM - 12:00 NOON. The Federal Communications Commission's (FCC) Advisory Committee for the 2007 World Radiocommunication Conference (WRC-07 Advisory Committee) will meet. See, notice in the Federal Register, March 1, 2006, Vol. 71, No. 40, at Page 10530. Location: FCC, 445 12th Street, SW., Room TW-C305.

2:15 PM. Day one of a two day conference hosted by the American Enterprise Institute (AEI) titled "Federal Preemption: Law, Economics, and Politics". See, notice. Press contact: Veronique Rodman at 202-862-4870 or VRodman at aei dot org. Location: AEI, 12th floor, 1150 17th St., NW.

3:00 - 4:00 PM. The National Science Foundation's (NSF) National Science Board will hold a closed meeting to discuss vacancies. See, notice in the Federal Register, April 12, 2006, Vol. 71, No. 70, at Page 18779.

5:15 PM. Deadline to submit to the U.S. International Trade Commission (USITC) post-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.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "How to Protect and Promote Your Client's Artwork and Commercial Images". The speakers will include Allison Cohen (attorney) and Laura Possessky (Gura & Possessky). The price to attend ranges from $70-$125. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

Deadline to submit comments to the Library of Congress's Copyright Office regarding its proposed fee increases, to take effect on July 1, 2006. See, notice in the Federal Register, March 28, 2006, Vol. 71, No. 59, at Pages 15368-15371.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding pulver.com's and Evslin's petition [18 pages in PDF] for a rulemaking regarding number porting in emergencies. See, FCC notice [PDF] and story titled "Pulver Asks FCC to Require Greater Number Porting in Emergencies" in TLJ Daily E-Mail Alert No. 1,329, March 14, 2006.

Friday, April 28

The Republican Whip Notice states that "there are no votes expected in the House".

9:00 AM. Day two of a two day conference hosted by the American Enterprise Institute (AEI) titled "Federal Preemption: Law, Economics, and Politics". At 9:00 AM, there will be a panel titled "Modern Preemption Regimes: Financial and Network Industries". The speakers will be Randy Picker (University of Chicago law school), Richard Epstein (University of Chicago law school), and Judge Douglas Ginsburg (U.S. Court of Appeals for the District of Columbia). Picker focuses on technology and network industries (see, SSRN author page), while Macey focuses on financial industries. See, notice. Press contact: Veronique Rodman at 202-862-4870 or VRodman at aei dot org. Location: AEI, 12th floor, 1150 17th St., NW.

10:00 AM. The Center for Democracy & Technology (CDT) will host an event. The CDT notice states that this is a "press-only breakfast briefing" regarding "prospects for technology-related legislation", including "privacy, electronic copyright, data security, government wiretapping and ``network neutrality,´´" and other topics. The speakers, all from the CDT, will be Jerry Berman, Leslie Harris, Jim Dempsey, Ari Schwartz, Nancy Libin, John Morris, Paula Bruening, and David Sohn. Breakfast will be served. RSVP to David McGuire at dmcguire at cdt dot org or 202- 637 9800 x106. Location: CDT, 1634 I Street, NW, 11th floor.

Extended deadline to submit comments to the Library of Congress's (LOC) Section 108 Study Group in response to the LOC's notice in the Federal Register regarding, among other topics, expanding the scope of 17 U.S.C. § 108. See, notice in the Federal Register, February 15, 2006, Vol. 71, No. 31, at Pages 7999-8002.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding its draft [33 pages in PDF] of its "Special Publication (SP) 800-89: Recommendation for Obtaining Assurances for Digital Signature Applications".

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to ENUM LLC's petition for limited waiver to allow it to obtain North American Numbering Plan (NANP) numbering resources. See, FCC notice [PDF].

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to AT&T's April 7 petition for a limited waiver of section 61.42(g) of the FCC's rules so that it may exclude True IP to PSTN (TIPToP) service from any price cap basket in the upcoming 2006 annual access tariff filing. See, FCC notice [PDF].

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding privacy of consumer phone records. See, notice in the Federal Register, March 15, 2006, Vol. 71, No. 50, at Pages 13317-13323. See also, notice of extension [PDF]. The FCC adopted this NPRM on February 10, 2006, and released the text [34 pages in PDF] on February 14, 2006. See, story titled "FCC Adopts NPRM Regarding Privacy of Consumer Phone Records" in TLJ Daily E-Mail Alert No. 1,308, February 13, 2006, and story titled "FCC Rulemaking Proceeding on CPNI May Extend to Internet Protocol Services" in TLJ Daily E-Mail alert No. 1,310, February 15, 2006. This NPRM is FCC 06-10 in CC Docket No. 96-115 and RM-11277.

Monday, May 1

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Tegic Communications, Inc. v. Board of Regents of the University of Texas. The U.S. District Court (WDWash) dismissed Tegic's complaint seeking a declaration that its software for hand held devices does not infringe the UT's U.S. Patent No. 4,674,112. The Court held that ii lacks subject matter jurisdiction because of 11th Amendment Immunity. See, Order Granting Motion to Dismiss [PDF]. See also, collection of pleadings and other documents. This case is App. Ct. No. 2005-1553 and D.C. No. C05-0723L. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "An Overview of Health Information Technology: Challenges and Opportunities". The speakers will include Mark Mantooth (Department of Health and Human Services), William Braithwaite (eHealth Initiative), Benjamin Butler (Crowell & Moring), and Robyn Diaz (MedStar Health). The price to attend ranges from $15-25. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in Competitive Technologies v. Fujitsu. This case is App. Ct. No. 2005-1237. Location: Courtroom 201, 717 Madison Place, NW.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in Technology Licensing v. Thomson. This case is App. Ct. No. 2005-1562. Location: Courtroom 201, 717 Madison Place, NW.

Tuesday, May 2

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in All Computers v. Intel. This case is App. Ct. No. 2005-1271. Location: Courtroom 201, 717 Madison Place, NW.

1:30 - 5:30 PM. The National Commission on Libraries and Information Science (NCLIS) will hold a closed meeting. See, notice in the Federal Register, April 21, 2006, Vol. 71, No. 77, at Page 20732. Location: National Library of Medicine, Conference Room B, NIH Building 38, Room 2S04, 8600 Rockville Pike, Bethesda, MD.

Day one of a four day conference hosted by the Association for Computing Machinery titled "16th Annual Conference on Computer, Freedom and Privacy". See, conference web site. Location: L'Enfant Plaza Hotel.