|GAO Reports on Federal Government Transition
7/31. The Government Accountability Office
(GAO) released a report [30 pages in PDF] titled "Internet Protocol Version 6: Federal
Government in Early Stages of Transition and Key Challenges Remain".
Internet Protocol version 6 (IPv6), which is currently replacing IPv4,
provides a vastly increased number of internet addresses. It also provides for
more efficient and faster routing, enhanced mobility features, and improved
security, for example, through authentication. See also, story titled "House
Government Reform Committee Holds Hearing on IPv6" in
TLJ Daily E-Mail
Alert No. 1,168, July 5, 2005.
The GAO's report states that "Federal agencies have taken steps to
plan for the transition to IPv6, but several agencies have not completed key
activities. For example, as of April 2006, almost all of the 24 major agencies
have assigned an official to lead and coordinate the IPv6 transition.
However, ten agencies had not developed IPv6-related policies and enforcement
The report also states that "Applications that take advantage of
IPv6 features are being planned or implemented both within and outside of the
federal government, including applications to support emergency response,
enhance warfighting capabilities, and facilitate continuity of operations
planning. However, these applications are few, in large part because
organizations are still in the early stages of the transition or because they
lack incentives to use the new protocol."
The Department of Defense (DOD) is the only federal agency
covered by the report that is actually developing IPv6 applications. The report
states that the "increased address space of IPv6 will provide DOD with an
opportunity to reconstitute its address space architecture to better respond to
the future proliferation of numerous unmanned sensors and mobile assets."
The report adds that "Permitting devices to directly communicate
on the move is essential because DOD wants to use the enhanced mobility and
automatic configuration to rapidly deploy networks across the globe. Further,
DOD believes that the return to an end-to-end communications security model will
allow it to provide greater information assurance by, among other things,
providing for more secure peer-to-peer communications. Finally, DOD is
developing applications that take advantage of IPv6’s improved quality of
service features to enhance many of its other initiatives, such as voice over
IP, which is the transmission of voice data over an IP-based network instead of
the traditional transmission over a general purpose circuit-switched network."
See also, story titled "DISA's IPv6 Transition Chief Indicted
for P2P Porn on Office Computer" in
TLJ Daily E-Mail
Alert No. 1,333, March 21, 2006.
The report also touches on uses of IPv6 outside of the federal government. For example,
it states that "One broadband/cable provider is currently planning to migrate to
IPv6 by 2008 to use the increased address space for better management of its cable
equipment." The report does not identify which service provider this is.
The report also states vaguely that "The telecommunications industry
is working on improving customer services by developing the next generation
network. This is a new network model that is based on the extensive use of
Internet protocols -- particularly IPv6 -- to accommodate the diversity of
applications inherent in emerging broadband technologies."
And, the report states that "The Japanese government reported making progress
in implementing several IPv6 applications to improve existing operations.
According to the Japanese IPv6 Promotion Council, Japan plans to have almost all
of its telecommunications run on IPv6 to support applications that would improve
telephone, cable, and facility management (e.g., security and electricity)
services. For example, the use of an IPv6 infrastructure for facility management
would support applications that minimize energy use in industrial buildings."
(Parentheses in original.)
The report also addresses challenges that government agencies face in
transitioning for IPv4 to IPv6. The report addresses in some detail the security
|DOJ Closes Investigation of MediaNews'
Acquisition of Mercury News and Contra Costa Times
7/31. The Department of Justice's (DOJ)
Antitrust Division announced in a
that it has closed its investigation into
MediaNews Group Inc.'s proposed
acquisition of the Mercury
News and the Contra Costa Times.
The DOJ stated that "only a relatively small number of readers and
advertisers view MediaNews' papers, on the one hand, and the Contra Costa Times
and Mercury News, on the other hand, as substitutes. In this respect,
competition among these newspapers in the East Bay is unlike that in other
markets where the Department has concluded that newspaper mergers would cause
significant competitive harm."
It added that "following the acquisition, MediaNews will continue to face
competition for the sale of newspapers and newspaper advertising in the East Bay
from the San Francisco Chronicle, which is owned by Hearst Corporation (Hearst)
and is not involved in the proposed transaction. In addition, the Division
concluded that the transaction would enable MediaNews to achieve large cost
savings by combining the production and delivery systems of the Contra Costa
Times and Mercury News with those used by the papers it already owns in the East
Bay. These savings--and the parties' inability to achieve them absent the
merger--were documented by detailed analyses provided by the parties. These
savings will benefit consumers and allow MediaNews' East Bay papers to compete
more effectively against the San Francisco Chronicle for readers and
The Contra Costa Times publishes suburban newspapers in Northern California.
Its web site offers this summary of its daily and weekly publications: "The
Contra Costa Newspapers is comprised of four daily editions: Contra Costa Times,
San Ramon Valley Times, West County Times and Valley Times. In addition, the
Times produces twelve weekly newspapers that focus on local news: Ledger
Dispatch, Brentwood News, Walnut Creek Journal, Concord Transcript, Contra Costa
Sun, Pleasant Hill/Martinez Record, West County Weekly and the Hills Newspapers
(Montclarion, Piedmonter, Alameda Journal, Berkeley Voice and El Cerrito
Journal)." (Parentheses in original.)
See also, Contra Costa Times
titled "Newspaper deal expected to close this week", by George Avalos.
The Mercury News publishes a newspaper in Silicon Valley, California, and a
web site. It is currently owned by The
McClatchy Company, which owns newspapers around the United States. See also,
story titled "Justice Department approves sale of Mercury News to MediaNews",
by Pete Carey.
MediaNews Group owns 40 newspapers in 9 states, including many in the San
On July 28, 2006, the U.S. District Court (NDCal) denied a motion for a
temporary restraining order affecting the two proposed acquisitions. See, McClatchy
|Federal Circuit Orders Reassignment
in Eolas v. Microsoft
7/31. The U.S. Court of Appeals (FedCir)
its opinion [9 pages in
PDF] in Eolas v. Microsoft, reversing the District Court's denial
of Microsoft's motion to have the case reassigned to a different judge.
Previously, the Court of Appeals reversed in part a judgment of the
U.S. District Court (NDIll) and remanded for further proceedings. Microsoft sought assignment
of a new judge, not because of bias or prejudice, but pursuant to the rules of the
7th Circuit and the Northern District of Illinois, which provide for automatic
reassignment following certain remands.
The rules of the 7th Circuit provide for automatic reassignment in
certain cases remanded from the 7th Circuit. But, since this is a patent case,
the Federal Circuit had jurisdiction. Nevertheless, the Federal Circuit concluded
in the present opinion that the rules of the 7th Circuit require
reassignment, and hence, reversed.
This case is Eolas Technologies, Inc. and Regents of the University of
California v. Microsoft Corporation, U.S. Court of Appeals for the Federal
Circuit, App. Ct. No. 06-1238, an appeal from the U.S. District Court for the
Northern District of Illinois, Judge James Zagel presiding. Judge Rader wrote
the opinion of the Court of Appeals, in which Judges Plager and Prost joined.
|Washington Tech Calendar
New items are highlighted in red.
|Tuesday, August 1
The House will not meet from Monday, July 31,
through Tuesday, September 5. The House will next meet at 2:00 PM on Wednesday,
September 6. See,
Republican Whip Notice.
The Senate will meet at 9:45 AM. It will
resume consideration of
the Gulf of Mexico energy security bill.
LOCATION CHANGE. 9:00 AM. The
Senate Homeland Security and Governmental Affairs Committee's Subcommittee on
Investigations will hold a hearing titled "Offshore Abuses: The Enablers, The
Tools & Offshore Secrecy". This hearing will focus on the use of foreign
financial services companies by U.S. citizens, but not the use of U.S. financial services
companies by foreign citizens. See,
notice. Location: Room 106, Dirksen Building.
10:00 AM. The National
Association of Manufacturers (NAM) will host an event to release a report
on supply chain security. The speakers will include Jerry Jasinowski
(NAM), Theo Fletcher (IBM), Lesley Sept
(Stanford University), and Arnold Allemang (Dow Chemical Company). For more
information, contact Laura Narvaiz at 202-637-3104 or lnarvaiz at nam dot org.
Coffee and doughnuts will be served. Location: NAM, 1331 Pennsylvania Ave.,
NW, Suite 600.
2:00 PM. The Senate Judiciary
Committee (SJC) may hold a hearing on judicial nominations. See, notice. The agenda
includes consideration of Peter Keisler to be a Judge of the
U.S. Court of Appeals (DCCir), and Valerie
Baker and Philip Gutierrezto be a Judges of the
U.S. District Court (CDCal). Location: Room
226, Dirksen Building.
|Wednesday, August 2
9:45 AM - 12:00 NOON and 2:00 - 3:30 PM. The
DC Bar Association will host two events titled
"Visits to the U.S. Copyright Office". The price to attend ranges
from $15-$25. For more information, call 202-626-3463. See,
notice. Location: Copyright Office, Room 401, James Madison Memorial
Building, 1st Street & Independence Ave., SE.
|Thursday, August 3
8:30 AM - 5:00 PM. The
U.S.-China Economic and Security Review Commission will hold a hearing
titled "China's Role in the World: Is China a Responsible Stakeholder?".
notice in the Federal Register, July 20, 2006, Vol. 71, No. 139, at Pages
41316-41317. Location: Room 385, Russell Building, Capitol Hill.
2:00 PM. The
Senate Judiciary Committee (SJC) may hold an executive business meeting.
Location: Room 226, Dirksen Building.
9:30 AM. The Federal Communications
Commission (FCC) will hold a meeting. See,
agenda [PDF], and story titled "FCC Releases Agenda for August 3 Meeting"
in TLJ Daily E-Mail Alert No. 1,420, July 28, 2006. The event will be webcast by the FCC.
Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).
10:00 AM. The
Center for Democracy & Technology (CDT) will hold a news briefing
that would mandate internet filtering and web site labeling. The speakers will be Leslie
Harris and John Morris of the CDT. Breakfast will be served. For more information,
contact David McGuire at 202-637-9800 x106. Location: ___.
|Friday, August 4
8:30 AM - 12:30 PM. The
U.S.-China Economic and Security Review
Commission will hold a hearing titled "China's Energy Security". See,
notice in the Federal Register, July 20, 2006, Vol. 71, No. 139, at Pages
41316-41317. Location: Room 385, Russell Building, Capitol Hill.
|Monday, August 7
The Senate will not meet from Monday, August 7 (tentative), through
Monday, September 4. See,
2006 Senate calendar.
10:00 AM. The U.S. Court of Appeals
(FedCir) will hear oral argument in Overstock.com, Inc. v. Furnace Brook,
LLC, a patent case involving personal jurisdiction. Furnace Brook bought a patent
at a bankruptcy auction. It did not practice it. It sent cease and desist letters
to other companies, alleging infringement, and seeking licensing fees. One recipient,
Overstock.com, filed a complaint in U.S. District Court (DUtah) seeking a declaration
that it did not infringe the patent. The Federal Circuit has held that sending a cease
and desist letter into a state does not give rise to personal jurisdiction over the
sender in that state. The District Court dismissed for lack of personal jurisdiction.
However, the District Court also held that Furnace Brook is a "patent troll".
See, opinion [PDF]. This is App.
Ct. No. 2006-1121, and D.C. No. 2:05-CV-00679 PGC. Location: Courtroom 201, 717 Madison
2:00 - 4:00 PM. The
American Enterprise Institute (AEI) will host a
discussion of the book titled "
Spoiling for a Fight: The Rise of Eliot Spitzer" [Amazon]. The speakers will be
Brooke Masters (author), Michael Greve (AEI), and Judge William Pryor (U.S. Court of
Appeals for the 11th Circuit). See,
notice. Location: 12th floor, 1150 17th St., NW.
The Federal Communications Commission
(FCC) will conduct a mock auction for
Auction 66. This is the auction of Advance Wireless Services (AWS)
licenses in the 1710-1755 MHz and 2110-2155 MHz (AWS-1) bands. See also,
notice in the Federal Register, June 2, 2006, Vol. 71, No. 106, at Pages
Deadline to submit comments to the National
Institute of Standards and Technology (NIST) regarding its
Draft Special Publication 800-100 [huge Zipped PDF] titled
"Information Security Handbook: A Guide for Managers".
|Tuesday, August 8
Deadline to submit to the Internal
Revenue Service (IRS) outlines of topics to be discussed at the IRS's public hearing
on August 29, 2006, regarding its notice of proposed rule making pertaining to the
26 U.S.C. § 199, which provides a deduction for income attributable to domestic
production activities, to certain transactions involving computer software. See,
notice in the Federal Register, June 1, 2006, Vol. 71, No. 105, at Pages
|People and Appointments
7/31. President Bush named Kenneth Kiyul Lee to be Associate Counsel to the
President. He was previously an attorney at the law firm of
Wachtell Lipton Rosen & Katz. Before that, he was Special Counsel to the
Senate Judiciary Committee. See, White House
7/31. President Bush named Andrea Looney to be Special Assistant to the
President for Legislative Affairs. She was previously Chief of Staff to
Sen. Bill Frist (R-TN). See, White House
7/31. President Bush announced his intent to nominate
Susan Dudley to be
Administrator of the Office of Information and Regulatory Affairs at the
Office of Management and Budget (OMB). She is
currently Director of the Regulatory Studies Program of the
Mercatus Center at George Mason University. See,
7/31. President Bush announced his intent to nominate Arthur Reilly to be a
Member of the National Science Board (National Science Foundation), for the remainder of a
six-year term expiring May 10, 2012. See, White House
7/31. President Bush named Bryan Corbett to be Special Assistant to the
President for Economic Policy. He was previously Senior Advisor to the Deputy Secretary of
the Department of Treasury. See, White House
|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 - 2006 David Carney, dba Tech Law Journal. All