9/18. Michael Chertoff, the Secretary of Homeland Security, issued a statement in which he announced that Greg Garcia "has been appointed" Assistant Secretary for Cyber Security and Telecommunications at the Department of Homeland Security (DHS).

The DHS created this position last year. See, story titled "DHS Announces Reorganization Plans" in TLJ Daily E-Mail Alert No. 1,174, July 14, 2005.

A DHS spokesman told TLJ that this position does not require Senate confirmation. Also, a start date for Garcia has not yet been set, but the DHS anticipates that he will begin work in early October.

Garcia has been VP for Information Security Programs at the Information Technology Association of America (ITAA) since 2003. He is also Secretary for the IT Sector Coordinating Council. Phil Bond, head of the ITAA, praised the appointment in a release.

Garcia previously worked on the majority staff of the House Science Committee. Chertoff stated that "Greg helped to draft and enact the Cyber Security Research and Development Act of 2002 during his tenure with the U.S. House of Representatives Committee on Science. Greg has also worked to strengthen encryption control regulations while with the Americans for Computer Privacy and he was active on international trade and IT policy at the Americans Electronics Association."

See, HR 3499 (107th Congress), the "Cyber Security Research and Development Act of 2002", which is now Public Law No. 107-355.

Robert Holleyman, head of the Business Software Alliance (BSA), also praised the appointment. He stated in a release that Garcia "understands that government has a critical role to play, and his experience in the private sector provides a unique perspective on industry’s critical role in strengthening our collective approach to protecting the data security infrastructure".

Bill Connor, P/Ch/CEO of Entrust, stated in a release that Garcia is "the right person for this job".

He also stated that "Now that this position has been filled, we hope Mr. Garcia will be given the resources he needs to help guide Congress and the DHS on cyber security issues". He added that "Many cyber security initiatives have been stalled waiting for this position to be filled ... Now that it has, we hope to see movement on key issues like the national data breach legislation that sits in Congressional subcommittee".

9/19. The Senate approved HR 5684, the "U.S.-Oman Free Trade Agreement Implementation Act", by a vote of 63 to 31. This agreement addresses, among other topics, telecommunications, electronic commerce, and protection of intellectual property rights.

See especially, Chapter 13 [13 pages in PDF] of the FTA, titled "Telecommunications", Chapter 14 [2 pages in PDF], titled "Electronic Commerce", Chapter 15 [25 pages in PDF], titled "Intellectual Property Rights", side letter [7 pages in PDF] regarding liability for service providers and limitations, and side letter [3 pages in PDF] regarding optical discs.

This is the U.S.'s fifth bilateral free trade agreement with nations in this region. The U.S. already has entered into FTAs with Israel, Jordan, Morocco, and Bahrain.

Sen. Charles Grassley (R-IA), stated in the Senate that this FTA "will also serve as a model for other free trade agreements in the Middle East. In this way, the U.S.-Oman Free Trade Agreement will contribute to the formation of a Middle East Free Trade Area, a development that would provide major economic and political benefits for the United States."

The Office of the U.S. Trade Representative (USTR) issued a statement that praised Senate approval, and predicted that this FTA "will provide substantial market access across its entire services regime, provide a secure, predictable legal framework for U.S. investors operating in Oman, provide for effective enforcement of labor and environmental laws, and protect intellectual property."

The House approved HR 5684 on July 20, 2006, by a vote of 221 to 205. See, Roll Call No. 392.

9/18. The American Electronics Association (AeA) submitted a comment to the Securities and Exchange Commission (SEC) regarding the requirements imposed by Section 404 of the Sarbanes Oxley Act, as implemented by the SEC.

The AeA wrote that "Many millions of dollars are being drained annually from the innovative and productive activities of businesses that have merited access to our public capital markets. If the problems associated with Section 404 of the Sarbanes-Oxley Act (SOX) are not addressed, it will negatively impact U.S. competitiveness by hindering the ability of smaller, innovative companies to grow and compete in global markets and by encouraging companies to list on foreign exchanges. This will continue to negatively impact the U.S. economy as a whole."

The AeA recommended, first, that "the SEC should issue guidance that is scaled and appropriate depending on the size and complexity of a company". It elaborated that "the current costs associated with Section 404 compliance continue to outweigh the perceived benefits in terms of fraud detection. To date, auditors have controlled implementation by applying a one-size-fits-all approach to Section 404. Audit compliance and documentation steps are not scaled down to be proportionate to the risks at smaller companies, and consequently, smaller companies thus far required to comply are diverting an unreasonable amount of funding and attention away from operational matters, which in turn lowers shareholder value and negatively impacts U.S. competitiveness overall."

It added that "Companies operate differently depending on their size and the internal controls rules should reflect this. Investors in smaller public companies are more likely to benefit from “tone at the top” and high-level monitoring controls, rather than documentation and testing, which appear to be more useful in larger companies."

Second, it recommended that "the guidance should clearly provide that management, and not the external auditor, is primarily responsible for identifying and maintaining internal controls"

Third, it recommended that "the SEC should clearly state the need for a risk-based focus on those internal controls most likely to materially impact a company’s financial statements.

See also, the AeA's February 2005 report titled "Sarbanes-Oxley Section 404: The 'Section' of Unintended Consequences and its Impact on Small Business", and TLJ story titled "GAO Reports that Section 404 of Sarbanes Oxley Burdens Small Public Companies" in TLJ Daily E-Mail Alert No. 1,366, May 9, 2006.

The "Sarbanes-Oxley Act of 2002" was HR 3763 in the 107th Congress. It is now Public Law No. 107-204.

9/14. The Center for Democracy and Technology (CDT) released a report titled "Internet Watch List". The CDT states that this lists "bills that threaten the bedrock of Internet privacy and civil liberties".

Leslie Harris, the CDT's Executive Director, stated in a release that "We always see bad bills moving in the waning days of the session, but this year's crop is particularly troubling, ... Taken together, these measures threaten to undermine our First and Fourth Amendment rights; weaken our privacy; hobble technological innovation; and change the fundamental nature of the Internet for the worse. If even one of these misguided legislative gambits succeeds we will all be the worse for it."

The list is organized by topic, rather than by bill numbers. For some legislative initiatives, there are either multiple pending bills, or the initiatives are included in larger legislative packages. In some other cases, no bills have yet been introduced, but the CDT expresses concern that language may be attached to other bills in the closing days of the 109th Congress.

FISA Procedure. There are many pending bills that would revise the Foreign Intelligence Surveillance Act (FISA). The CDT singles out two of these for criticism on civil liberties grounds.

One is HR 5825, the "Electronic Surveillance Modernization Act", sponsored by Rep. Heather Wilson (R-NM). The House Judiciary Committee (HJC) held a hearing on September 12, 2006. It is scheduled to mark up the bill on Wednesday, September 20.

The other is S 2453, the "National Security Surveillance Act of 2006", sponsored by Sen. Arlen Specter (R-PA). The Senate Judiciary Committee (SJC) approved this bill on September 13. 2006. However, the SJC also approved S 2455, the "Terrorist Surveillance Act of 2006", sponsored by Sen. Mike DeWine (R-Ohio), and S 3001, the "Foreign Intelligence Surveillance Improvement and Enhancement Act of 2006", sponsored by Sen. Arlen Specter (R-PA) and Sen. Dianne Feinstein (D-CA). The CDT supports S 3001.

The CDT report states that "Cloaked in terms of judicial review and modernization, the Specter and Wilson bill would permit the National Security Agency to turn its vacuum cleaners on American citizens and create a vast database of information, which the government could data mine at will, outside any judicial or congressional oversight, in a fashion reminiscent of the Total Information Awareness program."

It adds that "both Specter and Wilson bills in their current form would ratify the President's program and permit warrantless surveillance far beyond anything the President has dared to undertake", and would "define large categories of electronic surveillance as not being electronic surveillance".

Web Site Labeling Mandates. The CDT report states that under several pending bills, "Web site operators could be imprisoned for failing to attach government-sanctioned ``sexually explicit´´ labels to a broad range of online content. As written, the provisions would require labeling of a great deal of constitutionally protected Internet content, including Web pages that depict no nudity or sexual acts and those that already carry an array of voluntary ratings and content labels."

The CDT argues that "A mandatory federal statute, however, would do nothing to protect children and would violate the First Amendment of the Constitution."

On July 13, 2006, the Senate Appropriations Committee (SCC) amended and approved HR 5672, the appropriations bill for science, the Departments of State, Justice, and Commerce, and related agencies, for the fiscal year ending September 30, 2007. The SCC added an amendment that criminalizes the operation of a web site that contains "sexually explicit material" (SEM) without warning labels.

In addition, the Senate Commerce Committee (SCC) approved an amendment to Title VIII of HR 5252, the huge communications reform bill, on June 28, 2006, that contains a similar mandate. There are also several stand alone bills with a similar mandate.

See also, stories titled "Senate Appropriations Committee Approves Website Labeling Mandate" and "CDT Argues That Internet Filtering and Web Site Labeling Bills Threaten Free Speech" in TLJ Daily E-Mail Alert No. 1,426, August 7, 2007.

Data Retention Mandate. No bills have been introduced. However, the House Commerce Committee considered, but ultimately did not include, a hastily drafted amendment during its mark up of it communications reform bill in April. See, stories titled "Amendment by Amendment Summary of Full Committee Mark Up of COPE Act" in TLJ Daily E-Mail Alert No. 1,360, Friday, April 28, 2006, and "House Commerce Committee Considers Data Retention Mandate" in TLJ Daily E-Mail Alert No. 1,365, May 8, 2006.

Also, in May of 2006, the House Judiciary Committee (HJC) announced that it would hold a hearing on a bill titled the "Internet Stopping Adults Facilitating the Exploitation of Today's Youth (SAFETY) Act of 2006." A HJC staff member told TLJ in May that this bill would contain a data retention mandate for internet service providers. However, the HJC cancelled the hearing. See also, story titled "House Judiciary Committee to Consider Data Retention Mandate" in TLJ Daily E-Mail Alert No. 1,372, May 17, 2006. (Bills with this title were later introduced in the House and Senate, but without a data retention mandate.)

Department of Justice (DOJ) officials have made clear their strong interest in a data retention mandate in contacts with the Congress, contacts and comments with the Federal Communications Commission (FCC), and public speeches. For example, on April 20, 2006, Attorney General Alberto Gonzales gave a speech in which he advocated a data retention mandate for internet service providers. See, story titled "Gonzales Proposes Data Retention Mandate, Web Site Labeling, and Ban on Deceptive Source Code" in TLJ Daily E-Mail Alert No. 1,357, April 25, 2006.

The CDT report states that the DOJ "wants to force Internet service providers to retain massive amounts of data regarding their customers' Internet usage -- ostensibly in order to bolster the ability of law enforcement to investigate child exploitation and national security cases."

It continues that "Forcing ISPs to retain information for millions of customers raises significant privacy concerns, greatly increases the likelihood of data breach and identity theft, and imposes significant costs on ISPs that would be passed on to customers."

The CDT reports adds that "There is a serious danger that data retention language will be quietly attached to a larger legislative package before adjournment."

Social Networking Web Sites and the DOPA. The CDT report opposes enactment of HR 5319, the "Deleting Online Predators Act of 2006", or DOPA. The full House approved it on July 26, 2006, under suspension of the rules, by a vote of 410-15. See, Roll Call No. 405. The Senate has not yet approved it.

The CDT states that this bill "would force schools and libraries that receive federal ``e-rate´´ funding to block virtually all interactivity on their Internet-enabled computers. Chat rooms and social networking sites -- including many blogging services -- would be off limits to the young people who rely on schools and libraries for their Internet access."

It adds that "The bill covers forms of free expression that are not only completely legal, but in many cases appropriate and even valuable for minors. In addition to violating the constitutional rights of both speakers and listeners, DOPA would also exacerbate the serious ``digital divide´´ between children whose parents can afford personal computers and children who must use the Internet through their school or library."

This bill builds on the Children's Internet Protection Act (CIPA), which amended 47 U.S.C. § 254, the universal service section of the Communications Act. The FCC's e-rate program, which taxes communications to subsidize telephone service, internet access, and internal wiring at schools and libraries, is based loosely on Section 254(h).

The CIPA, which is codified at Section 254(h)(5), added the requirement that schools receiving e-rate subsidies must, among other things, certify to the FCC that they are "enforcing a policy of Internet safety for minors that includes monitoring the online activities of minors and the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are (I) obscene; (II) child pornography; or (III) harmful to minors", and that they are "enforcing the operation of such technology protection measure during any use of such computers by minors".

The DOPA would amend 47 U.S.C. § 254(h)(5)(B) to add the requirement that schools also certify that they are enforcing a policy that "protects against access to a commercial social networking website or chat room unless used for an educational purpose with adult supervision".

See, story titled "House Republicans Introduce Bill to Expand CIPA to Include Chat Rooms and Social Networking Sites" in TLJ Daily E-Mail Alert No. 1,368, May 11, 2006; story titled "House Approves DOPA" in TLJ Daily E-Mail Alert No. 1,426, August 7, 2007; and story titled "CDT Argues That Internet Filtering and Web Site Labeling Bills Threaten Free Speech Alert" in TLJ Daily E-Mail Alert No. 1,426, August 7, 2007.

CALEA. The CDT report states that "The Justice Department has circulated legislation that would amend the 1994 Communications Assistance for Law Enforcement Act (CALEA) to require Internet companies to design their services and applications to be wiretap-friendly."

It adds that "If such a measure were enacted, it would allow unprecedented government intervention into the design of the Internet, undermining Americans' privacy and security, threatening technological innovation, and imposing significant, even prohibitive, costs on start-ups and new services. To make matters worse, nobody in the administration has explained why it needs this sweeping authority over technological development."

There is no pending legislation. Moreover, the DOJ has found the Federal Communications Commission (FCC) more receptive than the Congress to expanding CALEA like regulation. The DOJ has obtained through the rule making process some of what it has not been able to get from the Congress.

See, story titled "FCC Further Amends CALEA Statute" and "Commentary: Administrative Process and the FCC" in TLJ Daily E-Mail Alert No. 1,365, May 8, 2006. See also, story titled "FCC Amends CALEA Statute" in TLJ Daily E-Mail Alert No. 1,191, August 9, 2005.

Network Neutrality. The report states that "Earlier this year the House passed a telecommunications bill without enforceable Internet neutrality language. In the Senate Commerce Committee, solid Internet neutrality language failed narrowly."

The report adds that "CDT supports narrowly tailored language that would preserve the essential neutrality of the Internet while leaving broadband providers free to experiment with non-neutral agreements elsewhere on their networks."

Data Security. The CDT report states that "the several data breach bills that have been considered, the weakest one seems to have gathered the most steam. The Financial Data Protection Act of 2006, H.R. 3997, came close to a vote on the House floor in July and remains a threat to pass in the closing weeks of the congressional session. Rather than bolstering consumer rights, the bill would preempt stronger state laws that already protect consumers."

The CDT adds that "If this bill passes, many Americans will wake the next morning with fewer protections against identity theft. What's particularly distressing is that all of the other bills addressing this issue -- while not without concerns -- are better than H.R. 3997. A bill approved by the House Commerce Committee contains some strong provisions. It should be combined with language offered by Sens. Arlen Specter (R-Pa.) and Patrick Leahy (D-Vt.) that sets stricter standards for government use of privately collected data."

Broadcast Flag. The CDT report argues that "A flag regime would give the Federal Communications Commission (FCC) unprecedented authority to regulate entry of new consumer technologies into the marketplace. Also, a flag regime could prevent, among other things, "fair use" of clips from broadcast news or political debates. If Congress wishes to proceed with flag legislation, it should at a minimum include carefully crafted limits and safeguards, rather than giving the FCC blank-check authority. A version of broadcast flag legislation included in the Senate telecommunications bill contains some but not all of the safeguards that CDT believes are essential."

Audio Flag. Finally, the CDT report opposes audio flag proposals. It states that "Unlike broadcast flag legislation, the target here is not large-scale piracy. Rather, the goal is to restrict certain types of private, personal copying, even if the content is never shared with anyone else and never touches the Internet."

It argues that "The recording industry may have a point that technological changes warrant a careful look at existing arrangements concerning music licensing statutes and fees. But Congress should not respond by authorizing an audio flag regime under which the FCC would gain broad new jurisdiction to regulate technology and to curtail Americans' established ability lawfully to make personal, non-commercial recordings off the radio."

It adds that "Currently, a version of audio flag legislation is included in the Senate telecommunications bill. Several other bills include provisions that would limit personal copying of music by withholding key licenses or exemptions from any company offering products with personal copying capability. One of these bills could set dangerous precedents regarding the copyright treatment of server and buffer copies necessary for Internet transmissions."

9/14. BellSouth filed a complaint in U.S. District Court (SC) against the City of Greensboro alleging that it is widening its roads, thereby compelling BellSouth to move fiber optic and copper cables and other communications equipment located in BellSouth's easements, without compensating BellSouth. BellSouth asserts that this constitutes an uncompensated taking, and seeks $753,000. See, BellSouth release. That is, BellSouth acquired easements from property owners adjacent to roads. The City is now taking property to widen its roads, without paying BellSouth for its easements. The 5th Amendment provides, in part, "nor shall private property be taken for public use without just compensation".

9/13. The Office of the Attorney General of the State of Texas issued a release regarding the status of Texas v. Sony BMG. The release states that "In November 2005 Attorney General Abbott sued SONY BMG alleging that approximately 50 titles of music CDs released in 2005 containing XCP copy protection software violated numerous anti-spyware and consumer protection laws. The lawsuit is still pending." It adds that "Despite a recall of these potentially harmful CDs, it has been reported to the Office of the Attorney General that about 3.4 million CDs with XCP technology remain unreturned. As part of its ongoing investigation, the Office of the Attorney General discovered an incompatibility between CDs with XCP technology and computers running certain versions of America Online (AOL) software." See also, story titled "Texas Sues Sony BMG Alleging Violation of Texas Spyware Statute" in TLJ Daily E-Mail Alert No. 1,258, November 22, 2005, and story titled "Texas Amends Spyware Complaint Against Sony BMG" in TLJ Daily E-Mail Alert No. 1,280, December 29, 2005.

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Notices & Disclaimers
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The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. Votes will be postponed until 6:30 PM. The House will consider numerous non-technology items under suspension of the rules. See, Republican Whip Notice.

The Senate will meet at 9:45 AM. It will resume consideration of HR 5684, the United States-Oman Free Trade Agreement Implementation Act.

9:00 AM. The Consumer Electronics Association (CEA) will host an event titled "press breakfast". The topic will be HR 6052 [100 pages in PDF], the "Copyright Modernization Act", which the House Judiciary Committee (HJC) may mark up as early as Wednesday, September 20. The speakers will be Gary Shapiro (CEA), Gigi Sohn (Public Knowledge), and Michael Petricone (CEA). For more information, contact Jenny Pareti (CEA) at 703-907-7079 or jpareti at ce dot org. Location: Concorde Room, Hay Adams Hotel, 16th and H Streets, NW.

TIME? The Senate Commerce Committee (SCC) will meet immediately following the first vote on the Senate floor. It will consider the nominations of Kevin Martin to be a Commissioner of the Federal Communications Commission (FCC), and John Kneuer to be Administrator of the National Telecommunications and Information Administration (NTIA). See, notice. The meeting will be webcast by the SCC. Press contact: Joe Brenckle (Stevens) at 202-224-3991, Brian Eaton (Stevens) at 202-224-0445, or Teri Rucker (Inouye) at 202-224-4546. Location: undisclosed room off of the Senate floor.

TIME? The Senate Judiciary Committee (SJC) may hold a "Special Executive Business Meeting" to consider judicial nominees following the first vote on the Senate floor. See, notice. Press contact: Courtney Boone at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-5225. Location: S-219, Capitol Building.

10:00 AM. The Senate Banking Committee will hold a hearing titled "Combating Child Pornography by Eliminating Pornographers' Access to the Financial Payment System". The witnesses will be Attorney General Alberto Gonzales and Ernie Allen (National Center for Missing and Exploited Children). See, notice. Location: Room 538, Dirksen Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Committee will host a brown bag lunch titled "Meet the FCC Wireline Legal Advisors". The FCBA has invited all of the FCC's wireline legal advisors. RSVP to Myra Creeks at Myra dot Creeks at att dot com. Location: Wiley Rein & Fielding, 1776 K St., NW.

1:00 PM. The U.S. Telecom Association (USTA) and Neustar will host a web seminar titled "CALEA Compliance: Obligations, Risks & Strategies". The  USTA notice states that the topics to be covered include "a discussion of the various requirements, responsibilities and the associated training that service providers need to consider for the implementation of their Technical Assistance Programs -- i.e. their CALEA Section 105 filings due in November  ... An overview of Electronic Surveillance Statutes and the pertinent CALEA Sections ... An overview of service providers' responsibilities including a discussion of changes resulting from the FCC's Second Report and Order (released May 12, 2006) ... Strategies for implementing cost-effective CALEA compliance solutions". The speakers will be Mike Warren and Doug McCollum of Neustar. See, and registration page.

2:00 PM. The House Financial Services Committee (HFSC) will hold a hearing titled "Sarbanes-Oxley at Four: Protecting Investors and Strengthening the Markets". The witnesses will include Chris Cox (Chairman of the Securities and Exchange Commission) and Mark Olson (Chairman of the Public Company Accounting Oversight Board). Rep. Mike Oxley (R-OH), the Chairman of the HFSC, stated in a release that the hearing will address, among other topics, "the complaints from small businesses regarding the cost of complying with the Section 404 internal control provisions". (Emphasis added.) Press contact: Peggy Peterson at 202-226-0471 or Marisol Garibay at 202-226-0471. Location: Room 2128, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Online Child Pornography". The witnesses will be Alice Fisher (Assistant Attorney General in charge of the Criminal Division), Mike Brown (Sheriff of Bedford County, Virginia), Ernie Allen (head of the National Center for Missing and Exploited Children), and Sharon Cooper (University of North Carolina). See, notice. The hearing will be webcast by the SCC. Press contact: Joe Brenckle (Stevens) at 202-224-3991, Brian Eaton (Stevens) at 202-224-0445, or Teri Rucker (Inouye) at 202-224-4546. Location: Room 253, Russell Building.

TIME CHANGE. 3:00 PM. The Senate Judiciary Committee (SJC) may hold a hearing on judicial nominations. See, notice. Press contact: Courtney Boone at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-5225. Location: Room 226, Dirksen Building.

TIME? The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will hold a meeting. Location: ___.

Day two of a two day conference titled "National Security Automation Conference and Workshop", hosted by the National Institute of Standards and Technology (NIST), Department of Homeland Security (DHS), National Security Agency (NSA), and Defense Information Security Agency (DISA). The subject of this conference is the measurement of the security of information technology systems. See, NIST notice and conference web site. Location: NIST, Gaithersburg, MD.

The House will meet at 10:00 AM for legislative business. It will consider several non-technology related items. See, Republican Whip Notice.

8:00 - 11:30 AM and 2:00 - 5:00 PM. The Department of Homeland Security's (DHS) Data Privacy and Integrity Advisory Committee will meet. Part of the meeting will be closed to the public. The DHS states that "the Chief Privacy Officer will provide an update on the activities of the Privacy Office. The subcommittees will update the Committee on the work currently being conducted. In the morning and afternoon sessions, invited speakers will discuss screening, redress, and data integrity". See, notice in the Federal Register, August 29, 2006, Vol. 71, No. 167, at Pages 51201. Location: Transportation Security Administration, 601 South 12th Street, Arlington, VA.

9:30 AM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Reporters’ Privilege Legislation: Preserving Effective Federal Law Enforcement". The witnesses will be Paul McNulty (Deputy Attorney General), Theodore Olson (Gibson Dunn & Crutcher), Bruce Baird (Covington & Burling), Victor Schwartz (Shook Hardy & Bacon), and Steven Clymer (Cornell Law School). See, notice. See also, S 2831, the "Free Flow of Information Act of 2006", sponsored by Sen. Richard Lugar (R-IN). Press contact: Courtney Boone at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-5225. Location: Room 226, Dirksen Building.

POSTPONED. 9:30 AM. The Senate Homeland Security and Governmental Affairs Committee's (SHSGA) Subcommittee on Federal Financial Management, Government Information, and International Security will hold a hearing titled "US International Broadcasts into Iran: Can We Do Better?". The witnesses will be Kenneth Tomlinson (Broadcasting Board of Governors), Tim Shamble (American Federation of Government Employees), Amir Abbas Fakhravar (Independent Student Movement), Alex Alexiev (Center for Security Policy), Robert Schadler (American Foreign Policy Council), and Abbas William Samii (Radio Free Europe/Radio Liberty). See, notice. Location: Room 342, Dirksen Building.

10:00 PM. The Senate Commerce Committee's (SCC) Subcommittee on Trade, Tourism, and Economic Development will hold a hearing titled "Internet Governance: The Future of ICANN". The witnesses will be John Kneuer (acting head of the National Telecommunications and Information Administration), Jonathan Liebowitz (Federal Trade Commission), Paul Twomey (P/CEO of Internet Corporation for Assigned Names and Numbers), Ken Silva (Chief Security Officer of VeriSign), and Christine Jones (GoDaddy.com). Sen. Gordon Smith (R-OR) will preside. See, notice. The hearing will be webcast by the SCC. Press contact: Joe Brenckle (Stevens) at 202-224-3991, Brian Eaton (Stevens) at 202-224-0445, or Teri Rucker (Inouye) at 202-224-4546. Location: Room 253, Russell Building.

10:00 AM. The House Judiciary Committee (HJC) will meet to mark up four bills, including HR 5825, the "Electronic Surveillance Modernization Act", and HR 6052 [100 pages in PDF], the "Copyright Modernization Act of 2006", which includes revised versions of the "Section 115 Reform Act of 2006", or SIRA, and the "Orphan Works Act of 2006", and several other provisions. See also, story titled "Rep. Smith Combines Orphan Works Bill, SIRA, and Other Copyright Act Amendments" in TLJ Daily E-Mail Alert No. 1,447, September 12, 2006. See, notice. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

10:30 AM - 4:00 PM. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare advice on proposed U.S. contributions to Study Group 13 (Next Generation Networks) of the International Telecommunication Union's Telecommunication Standardization Sector. See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Page 51884. Location: COMTek, 14151 Newbrook Drive, Suite 400, Chantilly, VA.

11:45 AM - 2:00 PM. The AEI Brookings Joint Center for Regulatory Studies will host a discussion of the book titled " New Foundations of Cost-Benefit Analysis" [Amazon], by Matthew Adler (University of Pennsylvania) and Eric Posner (University of Chicago). The speakers will be Adler, Posner, Chris DeMuth (AEI) and Richard Revesz (NYU). Location: American Enterprise Institute, 12th floor, 1150 17th St., NW.

CANCELLED. 12:00 NOON - 2:00 PM. The Alliance for Public Technology (APT) will host a brown bag lunch titled "Digging Deeper into the Senate Communications Act of 2006:  What does the Bill Mean for the E-Rate Community and People with Disabilities?". The speakers will be Lynne Bradley (American Library Association), Jenifer Simpson (American Association of People with Disabilities), and Karen Strauss (KPS Consulting). RSVP to apt at apt dot org or (202) 263-2970. Location: ALA, first floor conference room, 1615 New Hampshire Ave., NW. 

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Communications Law and the Internet: Content, Carriage, and Access in the Digital Age". The speakers will be Maureen O'Connell (News Corporation), Paul Glist (Cole Raywid & Braverman), and Rick Whitt (NetsEdge Consulting). For more information, contact Chris Fedeli at cfedeli at crblaw dot com or 202-828-9874 or Natalie Roisman at nroisman at akingump dot com or 202-887-4493. Location: Cole Raywid & Braverman, Suite 200, 1919 Pennsylvania Ave., NW.

1:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment will hold a hearing titled "Radicalization; The Homeland Security Implication". The HHSC's notice does not disclose the names of the witnesses, or the topics to be covered. However, Attorney General Alberto Gonzales has been giving speeches stating that radicalization is taking place on the internet. See, story titled "Gonzales Says Online Radicalization Must Be Contained" in TLJ Daily E-Mail Alert No. 1,432, August 16, 2006. Location: Room 2212, Rayburn Building.

2:00 PM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Examining the Proposal to Restructure the Ninth Circuit". See, notice. See also, S 1845, the "Circuit Court of Appeals Restructuring and Modernization Act of 2005", sponsored by Sen. John Ensign (R-NV). Press contact: Courtney Boone at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-5225. Location: Room 226, Dirksen Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) [77 pages in PDF] regarding the service rules that primarily govern wireless licenses in the 698-746, 747-762, and 777-792 MHz bands (700 MHz Band) currently occupied by television broadcasters and being made available for new services as a result of the DTV transition. This NPRM is FCC 06-114 in WT Docket No. 06-150, CC Docket No. 94-102, and WT Docket No. 01-309. The FCC adopted this NPRM on August 3, 2006, released it on August 10, 2006. See, notice in the Federal Register, August 21, 2006, Vol. 71, No. 161, at Pages 48506-48527. See also, FCC release [PDF] that describes this NPRM.

The House will meet at 10:00 AM for legislative business. It will consider several non-technology related items. See, Republican Whip Notice.

9:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing on HRes 916, titled "Impeaching Manuel L. Real, judge of the United States District Court for the Central District of California, for high crimes and misdemeanors". See, notice. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

9:00 AM - 12:00 NOON. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA), the Satellite Industry Association and the U.S. Chamber of Commerce will host an event titled "Continuity of Business (via satellite) Summit: Acquiring Robust Communications Capability to Prepare for Natural and Man-Made Disasters". See, NTIA notice and notice in the Federal Register, August 25, 2006, Vol. 71, No. 165, at Page 50390. Location: U.S. Chamber, 1615 H Street, NW.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "Deleting Commercial Child Pornography Sites From the Internet: The U.S. Financial Industry’s Efforts to Combat This Problem". See, notice. The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

10:00 AM - 12:00 NOON. The House Science Committee will hold a hearing titled "Research on Environmental and Safety Impacts of Nanotechnology: What are the Federal Agencies Doing?" The witnesses will be Norris Alderson (Food and Drug Administration), Arden Bement (National Science Foundation), George Gray (Environmental Protection Agency), Altaf Carim (Department of Energy), Andrew Maynard (Woodrow Wilson International Center for Scholars), and Matthew Nordan (Lux Research Inc.). The hearing will be webcast by the HSC. For more information, contact Marty Spitzer (R) at 202-225-8844 or Jim Wilson (D) at 202-225-6375. Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Banking Committee (SBC) will meet to mark up "The Export-Import Bank Reauthorization Act of 2006". See, notice. Location: Room 538, Dirksen Building.

10:30 AM. The Senate Finance Committee (SFC) will hold a hearing on the nomination of John Veroneau to be a Deputy U.S. Trade Representative. See, notice. Location: Room 215, Dirksen Building.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a luncheon. The keynote speakers will be Sen. Ted Stevens (R-AK) and Brian Roberts (Ch/CEO of Comcast Corporation). The other speakers will be Raymond Gifford (PFF), Aryeh Bourkoff (UBS Investment Research), Blair Levin (Stifel Nicolaus), and Craig Moffett (Sanford Bernstein). See, notice and registration page. Location: Capital Hilton, 1001 16th St., NW.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Communications Law, Copyright & Digital Rights Management Committee will host a brown bag lunch. This is a new committee, and this lunch will serve as the committee's organizational meeting. For more information, contact Seth Davidson at sdavidson at fw-law dot com, Ben Golant at bgol at loc dot gov or Ann Bobeck at abobeck at nab dot org. Location: Fleischman and Walsh, Suite 600, 1919 Pennsylvania Ave., NW.

2:00 PM. The Center for Democracy and Technology's (CDT) Internet Caucus Advisory Committee (ICAC) will host an event titled "Should Congress Decree Social Networking and Chat Sites Teen-Free Zones?". The speakers will be Jay Chaudhuri (Special Council to North Carolina Attorney General), Donna Hughes (Enough Is Enough), Danah Boyd (UC Berkeley), Adam Thierer (Progress & Freedom Foundation), and Tim Lordan (ICAC). For more information, contact Danielle Yates at dyates at netcaucus dot org or 202-638-4370. Location: HC-5, Capitol Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on several pending nominations, including Sharon Hays (to be the Associate Director of the Office of Science and Technology Policy) and Cynthia Glassman (to be Under Secretary of Commerce for Economic Affairs). See, notice. The hearing will be webcast by the SCC. Press contact: Joe Brenckle (Stevens) at 202-224-3991, Brian Eaton (Stevens) at 202-224-0445, or Teri Rucker (Inouye) at 202-224-4546. Location: Room 253, Russell Building.

6:00 PM. Alex Kozinski, a Judge of the U.S. Court of Appeals (9thCir), will give a speech titled "Fair Use Revisted". See, notice. RSVP to iplecture at wcl dot american dot edu or 202-274-4148. Location: American University, Washington College of Law, Room 603, 4801 Massachusetts Ave.,  NW.

Rosh Hashana begins at sundown.

The House will meet at 9:00 AM for legislative business. See, Republican Whip Notice.

12:00 NOON. The Heritage Foundation will host a book forum. James Jay Carafano will discuss his book [Amazon] titled "GI Ingenuity: Improvisation, Technology, and Winning World War II". See, notice. Location: 214 Massachusetts Ave., NE.

EXTENDED TO OCTOBER 23. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding its media ownership rules. The FCC adopted this FNPRM on July 21, 2006, and released the text [36 pages in PDF] on July 24, 2006. See also, story titled "FCC Adopts FNPRM on Rules Regulating Ownership of Media" in TLJ Daily E-Mail Alert No. 1,397, June 22, 2006. This FNPRM is FCC 06-93 in MB Docket No. 02-277, MM Docket No. 01-235, MM Docket No. 01-317, MM Docket No. 00-244, and MB Docket Nos. 06-121. See also, notice in the Federal Register, August 9, 2006, Vol. 71, No. 153, at Pages 45511-45515. See, order [PDF] extending deadlines.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking [22 pages in PDF] in a new proceeding titled "In the Matter of Amendment of Section 90.20(e)(6) of the Commission's Rules". This is a reaction to Lojack's petition for rulemaking relating to the use of spectrum for stolen vehicle recovery systems (SVRS). The FCC proposes to revise section 90.20(e)(6) of its rules "to permit increased mobile output power, to permit digital emissions in addition to the analog emissions currently authorized by the Rules, and to relax the limitations on duty cycles", among other things. The FCC adopted this item on July 19, 2006, and released it on July 24, 2006. It is FCC 06-107, in WT Docket No. 06-142. See, notice in the Federal Register, August 23, 2006, Vol. 71, No. 163, at Pages 49401-49405.

The Supreme Court will hold the opening conference of its new term, October Term 2006.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "The Future of Trade Remedy Proceedings". The speakers will include Deanna Okun (Commissioner, U.S. International Trade Commission), Timothy Reif (Minority Chief Trade Counsel, House Ways & Means Committee), David Spooner (Assistant Secretary for Import Administration, Department of Commerce), and Lynn Kamarck (Hogan & Hartson). The price to attend ranges from $15 to $40. For more information, call 202-626-3463. See, notice. Location: Hogan & Hartson, 555 13th St., NW.

5:00 PM. Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) regarding its proposed rules for the administration the program to provide $40 coupons to consumers for use towards the purchase of digital to analog converter boxes. See, NTIA release [PDF] and notice in the Federal Register, July 25, 2006, Vol. 71, No. 142, at Pages 42067-42074.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Preserving Intellectual Property Rights in Government Contracts: A Beginner's Guide". The speakers will include David Bloch (McDermott Will & Emery), Richard Gray (Air Force Office of the General Counsel), James McEwen (Stein McEwen & Bui), and Michael Stein (Stein McEwen & Bui). The price to attend ranges from $80-$135. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

Deadline set by the House Committee Committee (HCC) for Hewlett Packard to respond to the second part of its request for records regarding pretexting. See, story titled "House Commerce Committee Requests Records From HP Regarding Its Use of Pretexting to Obtain Confidential Records" in TLJ Daily E-Mail Alert No. 1,447, September 12, 2006.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding Neutral Tandem's petition for interconnection with Verizon Wireless. See, FCC's Public Notice (DA 06-1603) and notice in the Federal Register, August 30, 2006, Vol. 71, No. 168, at Pages 51617-51618. This proceeding is WC Docket No. 06-159.

9:00 AM - 12:30 PM. The Federal Trade Commission (FTC) and the Department of Justice's (DOJ) Antitrust Division will hold another in their series of hearings on single firm conduct and antitrust law. The witnesses will be Michael Scherer (Harvard), Luke Froeb (Vanderbilt University), Wally Mullin (George Washington University), Jonathan Baker (American University law school), Clifford Winston (Brookings Institution), David Reitman (CRA International Inc.), and Robert Marshall (Bates White LLC). See, notice. Location: FTC Conference Center, 601 New Jersey Ave., NW.

RESCHEDULED FROM SEPTEMBER 14. 9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. The event will be webcast by the FCC. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

10:00 AM. The Department of States' International Telecommunication Advisory Committee (ITAC) will meet to prepare positions for the next meeting of the Inter-American Telecommunication Commission (CITEL) Permanent Consultative Committee II (PCCII) to be held on October 17-20, 2006, in Caracas, Venezuela. See, notice in the Federal Register, September 5, 2006, Vol. 71, No. 171, at Page 52364. Location:  undisclosed.

12:00 NOON - 1:30 PM. The ABA will host a brown bag lunch titled "The Current State of Standard Setting and Counseling in Light of Rambus". See, August 2, 2006, opinion [120 pages in PDF] of the Federal Trade Commission (FTC) and story titled "FTC Holds That Rambus Unlawfully Monopolized Markets" in TLJ Daily E-Mail Alert No. 1,427, August 8, 2006. The speakers will be Gail Levine (Verizon), Gil Ohana (Cisco Systems), Howard Morse (Drinker Biddle & Reath), and Christine Varney (Hogan & Hartson). RSVP to Connie Carrol at ccarrol at lecg dot com or 202-973-0533. Location: Hogan & Hartson, 555 13th Street, NW.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) Enforcement Practice Committee will host a brown bag lunch. The speakers will be Kris Monteith (Chief of the FCC's Enforcement Bureau) and others. This event will also serve as the Committee's organizational meeting. For more information, contact Christi Shewman at christi dot shewman at fcc dot gov. Location: Skadden Arps Slate Meagher & Flom, 1440 New York Ave., NW.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "How to Litigate a Copyright Infringement Case". The speakers will include Kenneth Kaufman (Skadden Arps). The price to attend ranges from $80-$135. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.