12/6. The Senate Judiciary Committee (SJC) held a hearing titled "FBI Oversight". The sole witness was Robert Mueller, Director of the Federal Bureau of Investigation (FBI). He testified regarding electronic surveillance, the DHS's ATS program, cyber crime, and the FBI's attempts to adopt IT.

Mueller (at left) submitted a prepared testimony for the SJC. The FBI published a complete copy in its web site. The SJC has published in its web site a document that consists of the first twenty and one-half pages of this thirty-one page document. The SJC document omits those portions pertaining to computer forensics labs, and the FBI's efforts to develop new IT systems.

DHS Automated Targeting System. Sen. Patrick Leahy (D-VT) partially read an opening statement. He addressed the Department of Homeland Security's (DHS) program titled "Automated Targeting System", or ATS. See, story titled "DHS Discloses Some Details of Electronic Database" in TLJ Daily E-Mail Alert No. 1,497, December 1, 2006.

Sen. Leahy (at right) wrote that the Bush administration "has been compiling secret dossiers on millions of unwitting, law-abiding Americans who travel across our borders". He continued that "It is simply incredible that the Administration is willing to share this sensitive information with foreign governments and even private employers, while refusing to allow U.S. citizens to see or challenge the so-called terror score that the government has assigned them based on their travel habits and schedules."

Sen. Leahy argued that "When done poorly or without proper safeguards and oversight, data banks do not make us safer, they just further erode Americans’ privacy and civil liberties. This Administration has gone to unprecedented lengths to hide its own activities from the public, while at the same time collecting and compiling unprecedented amounts of information about every citizen."

He added that "New technologies make data banks more powerful and more useful than they have ever been before. They have a place in our security regimen. But powerful tools like this are easy to abuse and are prone to mistakes. A mistake can cost Americans their jobs and wreak havoc in their lives. Mistakes on government watch lists have become legendary in recent years. We need checks and balances to keep government data bases from being misused against the American people. Data banks like this are overdue for meaningful oversight, and that is going to change in the new Congress."

Sen. Leahy asked Mueller why the government is operating this program. Mueller responded that "I am not familiar with the program", and that "it is a DHS program". But, he said, "we may well get information from that program".

Sen. Leahy also asked Mueller whether or not the DHS's ATS interfaces with the FBI’s Investigative Data Warehouse (IDW). Mueller responded, "I do not believe so", but he added that he is not certain.

Sen. Leahy concluded this line of questioning with the observation that "if we are having database after database after database with things that talk about Americans", this will lead to harm to innocent people. He elaborated that "if you get these intersected, you are going to have kids looking for a college loan, you are going to have people trying to get a job, somebody trying to get a security clearance, and they are told ``nope´´, we can't tell you why you are not getting it, and somebody has got them mistakenly on a list."

He added that "there is a growing concern in this country that the government knows too much about us and may be doing things with that information that none of us want done." And, he said the SJC will examine this more in the 110th Congress.

Electronic Surveillance. Sen. Arlen Specter (R-PA) attempted to ask Mueller about the electronic surveillance program that the Bush administration calls "Terrorist Surveillance Program". He first asked Mueller what assurances he could give that the program is worthwhile? However, Mueller refused to provide any information about the program, other than to say that "the program is classified" and "it is compartmented".

Sen. Specter (at right) commented that the SJC cannot even get a closed session with Mueller on the TSP. Sen. Specter concluded that "that is not what I view as a satisfactory response by the administration", and that this prevents the SJC from carrying out its oversight responsibilities.

Sen. Russ Feingold (D-WI) argued that President Bush, VP Dick Cheney, and Attorney General Alberto Gonzales have given political speeches about the TSP that include false statements. Sen. Feingold asserted that "they are falsely accusing their critics of sympathizing with terrorists".

Sen. Feingold also criticized the Bush administration's proposals for revising the Foreign Intelligence Surveillance Act (FISA). He said that the Bush administration wants to wipe out thirty years' of law.

Sen. Jeff Sessions (R-AL) defended Mueller, the FBI, and the DHS. He said, with reference to the IDW and ATS, that "it is easy to criticize your programs". He added, "I suggest that you continue those programs" that you think are appropriate, until stopped by the courts, or by the Congress by a termination of funding.

Sen. Jon Kyl (R-AZ) asked Mueller what authority does the FBI need that it does not now have. Mueller discussed FISA treatment of targets that are not connected to a foreign entity. He also discussed administrative subpoenas.

Cyber Crime. Mueller's prepared testimony addresses the FBI's Cyber Division. It states that "Shortly after September 11, the FBI established as our third priority protecting the United States against cyber-based attacks and high-technology crimes. In coordination with this priority and recognition of the international aspects and national economic implications of cyber threats, the FBI created a Cyber Division (CyD) at the headquarters level to manage and direct this nationally developing program."

The prepared testimony continues that "The rapid evolution of computer technology, coupled with ever‑increasing techniques used by terrorists, foreign intelligence actors, and criminals, requires FBI investigators and professionals to have highly-specialized computer based skills. The FBI Cyber Program uses a centrally coordinated strategy to support FBI priorities across program lines, assisting crucial counterterrorism, counterintelligence, and criminal investigations whenever aggressive technical investigative assistance is required. The Cyber Program also targets major criminal violators with a cyber nexus."

The testimony asserts that "We have achieved significant results in both computer intrusion investigations and cyber crime investigations." It goes on to discuss FBI efforts related to child pornography on the internet, and child exploitation facilitated by internet communications. It also describes the FBI's Internet Crimes Complaint Center.

However, the prepared testimony only addresses one FBI investigation regarding computer intrusion. This is the FBI investigation of the zotob worm, which targets computers running on Windows 2000.

The prepared testimony also states that computer intrusion cases "are expected to increase in the coming years".

FBI's Adoption of IT. Sen. Leahy read from an opening statement, in which he wrote that "I also remain greatly concerned about the FBI’s new paperless case management system, Sentinel. We have been told that Sentinel will cost the American taxpayers $425 million to complete and that this system will not be fully operational until 2009. On Monday, the Department of Justice Office of Inspector General issued a report finding that the FBI will need an addition $56.7 million to just to pay for Phase II of Sentinel and that there are serious concerns about the adverse impact that these additional costs could have on the FBI’s non-IT programs."

He added that "There have also been rumors about growing concern within the FBI that the Bureau will cut other mission-critical programs to pay for this program for several months. In addition, in October, the GAO issued a report that found that the FBI has no plan in place to address future staffing and human capital needs for Sentinel. After watching the FBI waste five years and millions of taxpayer dollars on the Trilogy program, I remain seriously concerned about this project. The American people cannot afford another fiasco."

See, DOJ's Office of the Inspector General's redacted report [112 pages in PDF] titled "Sentinel Audit II: Status of the Federal Bureau of Investigation's Case Management System". See also, story titled "DOJ Report Discusses FBI's Failures in Creating a Secure Web Accessed File System" in TLJ Daily E-Mail Alert No. 1,499, December 5, 2006.

Mueller's prepared testimony provides little information. It states that "One of the most critical programs to the future of the FBI’s IT posture is Sentinel, for which we awarded a $305 million contract to Lockheed Martin earlier this year. Sentinel will deliver an electronic information management system, automate workflow processes for the first time, and provide a user-friendly web-based interface to access and search across multiple databases. Sentinel will help the FBI manage information beyond the case-focus of the existing Automated Case Support and will provide enhanced information sharing, search, and analysis capabilities. Sentinel will also facilitate information sharing with members of the law enforcement and intelligence communities. The Sentinel program will be developed and deployed over time -- in four phases -- with each phase introducing new capabilities. Existing information will be migrated to the new system throughout the phases so that selected systems can be retired by the end of the fourth phase."

Mueller said at the hearing that there are no "budget shortfalls", and that "the Sentinel project is on budget".

He later stated, in connection with the appropriations process, that the FBI wants $100 Million in the continuing resolution for Sentinel. He said too that the FBI learned from its Virtual Case File mistakes, and that Sentinel should not be delayed for lack of funding.

Other Topics. Many Senators participated in the hearing, but had nothing to say about any technology related subjects.

None of the Senators asked questions or made statements about investigation and prosecution of intellectual property related crimes. None discussed any data retention mandates. None discussed proposals to enact a criminal statute that would impose a web site labeling mandate. Mueller did not raise any of these subjects in his prepared testimony or during his oral testimony.

Sen. Herb Kohl (D-WI) discussed violent crime in Milwaukee, Wisconsin. He said that he wants more FBI agents in his state, a visit by Mueller, and further study and assistance from the FBI. Mueller stated, among other things, that every Senator wants more FBI agents, and that he recently visited Milwaukee.

Sen. Jon Cornyn (R-TX) discussed violence along the border of Texas and Mexico, and the Department of Justice's use of confidential informants.

Sen. Charles Grassley (R-IA) discussed the FBI's investigation of the 2001 anthrax attacks, and the FBI's refusal to provide the SJC a briefing on the investigation.

Sen. Diane Feinstein (D-CA) discussed gang violence. She argued that it is not a high enough priority at the FBI.

Sen. Specter discussed and asked questions about investigations of a poisoning death of a former Russian official in London. Sen. Specter urged the FBI to assist British investigators. Mueller said that the FBI is assisting. Sen. Specter added that this matter could have ramifications. No one at this hearing discussed whether or not this could affect Russia's joining the World Trade Organization (WTO).

12/6. Kevin Martin, Chairman of the Federal Communications Commission (FCC), announced that he sent a letter to Sam Feder, the General Counsel of the FCC, asking him to consider authorizing FCC Commissioner Robert McDowell to participate in the FCC's pending consideration of the merger of AT&T and BellSouth.

Chairman Martin sent a letter [PDF] to Congressional leaders on December 1, 2006, informing them of this. Congressional Democrats have responded.

Feder (at left) previously worked as a legal advisor to Martin, and before that, for former Commissioner Harld Furchtgott-Roth.

On March 5, 2006, AT&T and BellSouth announced that the two companies will merge. See, BellSouth release and AT&T release. See also, story titled "AT&T and BellSouth Announce Merger" in TLJ Daily E-Mail Alert No. 1,323, March 6, 2006.

The Department of Justice (DOJ), which has antitrust merger review authority, approved the merger on October 11, 2006. See, story titled "DOJ Approves AT&T BellSouth Merger" in TLJ Daily E-Mail Alert No. 1,466, October 11, 2006.

The FCC, which does not possess, but nevertheless exercises, antitrust merger review authority, continues to withhold its approval of the merger. Two Republican Commissioners, Kevin Martin and Deborah Tate, seek to approve the merger. Two Democratic Commissioners, Michael Copps and Jonathan Adelstein, are withholding their approval of the merger. They seek to condition the FCC's approval with competition related provisions, including a network neutrality mandate. Commissioner McDowell has not participated, because of his representation prior to becoming an FCC Commissioner. Martin now seeks a third vote from Commissioner McDowell.

Martin Letter to Congress. Martin wrote in his letter to Congressional leaders that "It now appears that, despite working for months to reach consensus with my colleagues, three attempts over the past six weeks to have this item considered at an open meeting, and countless hours of internal deliberations, the Commission has reached an impasse."

Martin continued that "Although Commissioner McDowell is currently not participating in this proceeding, the FCC's general counsel ``may authorize [him] to participate in the matter based on a determination, made in light of all relevant circumstances, that the interest of the Government in the employee's participation outweighs the concern that a reasonable person may question the integrity of the agency's programs and operations.´´" (Brackets in original.)

See also, stories titled "FCC Again Delays Approval of AT&T BellSouth Merger" in TLJ Daily Alert No. 1,482, November 3, 2006, "FCC Further Delays AT&T BellSouth Merger Decision and NOI on Broadband Industry Practices" in TLJ Daily Ee-Mail Alert No. 1,468, October 13, 2006, and "FCC Delays its AT&T BellSouth Merger Review Decision" and TLJ Daily E-Mail Alert No. 1,467, October 12, 2006.

Martin wrote that, given the impasse, "I have asked the General Counsel to consider whether the Government's interest would be served by permitting Commissioner McDowell -- who has not participated in this proceeding thus far -- to participate." Martin cited as authority 5 C.F.R. § 2635.502(d).

Inouye Letter. Sen. Daniel Inouye (D-HI) is the ranking Democrat on the Senate Commerce Committee, and soon to be its Chairman. He wrote a letter to Martin "to express my disappointment with you apparent willingness to waive government recusal rules in order to enable Commissioner Robert McDowell's participation in this proceeding."

Sen. Inouye (at left) added, "I urge you to reconsider such drastic action and to return to constructive negotiations with your other colleagues. In particular, I am disturbed by your conclusion that negotiations are at an impasse."

Barton and Upton Letter. Rep. Joe Barton (R-TX) is the current Chairman of the HCC. Rep. Fred Upton (R-MI) is the current Chairman of the HCC's Subcommittee on Telecommunications and the Internet. They oppose a network neutrality mandate, beyond giving the FCC authority to enforce its August 2005 policy statement [3 pages in PDF] regarding network neutrality through case by case adjudicatory proceedings. They sent a letter to Martin on December 6, 2006.

They wrote that "Two hundred and fifty days have now transpired since AT&T and BellSouth filed the applications, and we share your concern that the Commission has reached an impasse."

"Eighteen state public utility commissions, three countries, and the Department of Justice approved the AT&T-BellSouth transaction without conditions." They continued the FCC has received many comments, and that it "has been afforded an ample amount of time to review, debate, and reach a conclusion regarding the transfer of licenses. Unfortunately, it appears that certain Commissioners are attempting to effectuate industry-wide policy by imposing conditions on AT&T and BellSouth in exchange for approving the transaction."

Rep. Barton and Rep. Upton added that "Commissioners may have legitimate policy concerns regarding the regulation of certain services within the Commission's jurisdiction. However, the Commission's consideration of company-specific transactions should not be used to manipulate the Commission's rulemaking process.  Industry-wide issues should be addressed industry-wide. Mergers and acquisitions should not be held hostage in order to advance a particular policy agenda that would otherwise not be sustainable through the Commission's rulemaking process."

They concluded that since the FCC "appears unable to act", it is now "appropriate for the Commission's General Counsel to examine whether the Government's interest would be served by permitting Commissioner McDowell to participate."

Dingell and Markey Letter. Rep. John Dingell (D-MI) is the the ranking Democrat on the HCC, and soon to be the Chairman. Rep. Ed Markey (D-MA) is the ranking Democrat on the Subcommittee on Telecommunications and the Internet. He is likely to be the next Chairman of the Subcommittee. They support imposing a broader network neutrality mandates on providers of broadband access services. They sent a letter [4 pages in PDF] to Feder that is in the nature of written interrogatories. There are fourteen multi-part questions. They ask for a response by Monday, December 11, 2006.

12/5. Securities and Exchange Commission (SEC) Chairman Chris Cox gave a speech to the 14th International XBRL Conference in Philadelphia, Pennsylvania, titled "The Promise of Interactive Data". He frequently speaks on this subject. One topic that he addresses was international use of XBRL.

Cox said that "it's worth noting that the SEC is committed to doing everything in our power to ensure that XBRL remains a truly international, stateless, and open source standard. All of the XBRL software development that we do, and that we support, will be open source. It will be contributed to the global effort to eliminate friction in the exchange of financial information, so that company data can travel at the speed of light, 24/7, with built-in automated quality control."

While the SEC is developing XBRL for the US Generally Accepted Accounting Procedures (GAAP), the European Union (EU) is developing XBRL for their competing International Financial Reporting Standards (IFRS). Cox praised David Tweedie, the head of the International Accounting Standards Board, and former head of Britain's Accounting Standards Board.

Cox stated that "As Sir David and I follow the roadmap to 2009 that our agencies have laid out, by which we hope to eliminate the requirement that reports using International Financial Reporting Standards be reconciled to U.S. GAAP, it is already possible to imagine that XBRL taxonomies -- written without bias toward any particular set of accounting rules -- could be used to instantly translate any given set of financial data from one accounting system to another. So even if the world is never quite possessed of a global accounting Esperanto, we will still be able to speak the same language."

Cox also gave a few updates on the SEC's progress and plans. He said that "This job of completing the XBRL taxonomies for U.S. GAAP is already finished for many industries." He also said that "the SEC has no intention of getting into the financial analysis business, or the financial software business, and we won't attempt to compete with web-based financial portals or other financial service providers".

Cox also said that "earnings releases, analyst research, credit ratings" and other information could be XBRL tagged.

He added that "it's our 1930s-era reporting standards that are acting as a brake on the rapid adoption of better disclosure technology that's shelf-ready right now."

The House will meet at 10:00 AM. See, Republican Whip Notice.

8:00 - 10:30 AM. The DC Bar Association will host an event titled "Trademark Office Speaks". The speakers will include Lynne Beresford (Commissioner for Trademarks), Sharon Marsh (Deputy Commissioner for Trademark Examination Policy), and David Sams (Chief Administrative Trademark Judge, Trademark Trial and Appeal Board). The price to attend ranges from $25 to $45. For more information, call 202-626-3463. See, notice. Location: Cosmos Club, 2121 Massachusetts Ave., NW.

8:30 AM - 5:00 PM. Day one of a two day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board. See, notice in the Federal Register, November 15, 2006, Vol. 71, No. 220, at Page 66504. Location: George Washington University, Cafritz Conference Center, Rooms 101 and 308, 800 21st Street, NW.

10:00 AM. The House Judiciary Committee's (HCC) Subcommittee on Commercial and Administrative Law will meet to consider a Motion to Approve the Interim Report on the Administrative Law, Process and Procedure Project for the 21st Century. Location: Room 2237, Rayburn Building.

11:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Vertically Integrated Sports Programming: Are Cable Companies Excluding Competition?" See, notice. Press contact: Blair Latoff at 202-228-5860. Location: Room 226, Dirksen Building.

Day one of a two day closed meeting of the Library of Congress's (LOC) Section 108 Study Group. This meeting will address "Review of public roundtables", "Clarifications and conclusions", and "Report drafting". This meeting is closed to the public. See also, 17 U.S.C. § 108. Location: undisclosed.

Deadline to submit initial comments to the Federal Communications Commission (FCC) on the Supporters of the Missoula Plan's proposed interim process to address phantom traffic issues. See, FCC Public Notice [PDF] (DA 06-2294).

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

8:30 AM - 5:00 PM. Day two of a two day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board. See, notice in the Federal Register, November 15, 2006, Vol. 71, No. 220, at Page 66504. Location: George Washington University, Cafritz Conference Center, Rooms 101 and 308, 800 21st Street, NW.

Day two of a two day closed meeting of the Library of Congress's (LOC) Section 108 Study Group. This meeting will address "Review of public roundtables", "Clarifications and conclusions", and "Report drafting". This meeting is closed to the public. See also, 17 U.S.C. § 108. Location: undisclosed.

8:50 AM - 1:30 PM. The American Enterprise Institute (AEI) will host an event titled "Tax Havens and Foreign Direct Investment". The luncheon speaker will be Rep. Bill Thomas (R-CA), the outgoing Chairman of the House Ways and Means Committee. See, notice. Location: AEI,12th floor, 1150 17th St., NW,

9:00 AM - 3:30 PM. Day one of a two day meeting of the National Commission on Libraries and Information Science (NCLIS). The agenda includes discussion of digitization. See, notice in the Federal Register, November 28, 2006, Vol. 71, No. 228, at Pages 68845-68846. Location: Dining Room A, Madison Building, Library of Congress, 101 Independence Ave., SE.

4:00 - 7:00 PM. The Progress and Freedom Foundation (PFF) will host its holiday party. RSVP to Eileen Goulding at EGoulding at pff dot org or 202-289-8928. Location: Suite 500, 1444 Eye St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the intercarrier compensation reform plan known at the Missoula Plan. This proceeding is titled "Developing a Unified Intercarrier Compensation Regime" and numbered CC Docket No. 01-92. See, notice in the Federal Register: September 13, 2006, Vol. 71, No. 177, at Pages 54008-54009.

9:00 AM - 12:00 NOON. Day two of a two day meeting of the National Commission on Libraries and Information Science (NCLIS). The agenda includes discussion of digitization. See, notice in the Federal Register, November 28, 2006, Vol. 71, No. 228, at Pages 68845-68846. Location: Large Conference Room 642, Madison Building, Library of Congress, 101 Independence Ave., SE.

9:00 AM - 5:00 PM. Day one of a two day meeting of the National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology. See, notice in the Federal Register: November 28, 2006, Vol. 71, No. 228, at Page 68800. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

10:00 AM. The Federal Communications Commission's (FCC) Commercial Mobile Service Alert Advisory Committee will hold its first meeting. See, FCC release [PDF]. Location: FCC, Commission Meeting Room, TW-C305, 445 12th Street, SW.

6:00 - 9:30 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "2006 Intellectual Property Law Series, Part 1: Trademarks, Copyrights and Law of the Internet". The speakers will include Brian Banner (Rothwell Figg Ernst & Manbeck), Beckwith Burr (Wilmer Hale), and Terence Ross (Gibson Dunn & Crutcher). The price to attend ranges from $80 to $115. 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 nominations to the Federal Communications Commission (FCC) for membership on the newly created Commercial Mobile Service Alert Advisory Committee. This Committee was created by Section 603 of the "Warning, Alert and Response Network Act" or "WARN Act", which was attached to HR 4954, the port security bill that President Bush signed on October 13, 2006. See, FCC's Public Notice [PDF] and story titled "House and Senate Approve Port Security Bill With Tech Provisions" in TLJ Daily E-Mail Alert No. 1,461, October 4, 2006.

Deadline to submit comments to the President's National Security Telecommunications Advisory Committee (NSTAC) in advance of its December 19, 2006, meeting. See, notice in the Federal Register, December 4, 2006, Vol. 71, No. 232, at Pages 70413.

8:00 AM. The Federal Communications Bar Association (FCBA) will host a breakfast. The speaker will be John Grimes [PDF] Assistant Secretary of Defense for Networks and Information Integration / CIO. See, registration form [PDF]. Registrations and cancellations are due by 5:00 PM on December 7. The price to attend ranges from $30 to $55. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

9:00 - 11:00 AM. Day two of a two day meeting of the National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology. See, notice in the Federal Register: November 28, 2006, Vol. 71, No. 228, at Page 68800. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

10:00 AM - 12:00 NOON. The EMC Corporation will host a panel discussion on the changes to the Federal Rules of Civil Procedure (FRCP) that took effect on December 1, 2006. The speakers will include US Magistrate Judge David Waxse (who has written opinions on electronic discovery), Thomas Allman (Mayer Brown Rowe & Maw), and Chris Panagiotopoulos (Director of Information Technology of LifeBridge Health, Inc.). Press contact: Erin Zeitler, EZeitler at outcastpr dot com or 212-905-6047. Location: Grand Hyatt Washington, 1000 H Street, NW.

10:30 AM - 12:30 PM. The National Telecommunications and Information Administration NTIA) Commerce Spectrum Management Advisory Committee will hold its first meeting. The agenda includes "(1) Discussion of Committee organization and future agendas and (2) Briefings on matters related to the President's Spectrum Policy Initiative." See, notice in the Federal Register, November 28, 2006, Vol. 71, No. 228, at Page 68808. Location: Hoover Building, Room 6059, 1401 Constitution Ave., NW.

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, FCC notice [PDF] and notice in the Federal Register, November 1, 2006, Vol. 71, No. 211, at Page 64278. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

12:00 NOON. The Cato Institute will host a panel discussion on the book [Amazon] titled "Overblown: How Politicians and the Terrorism Industry Inflate National Security Threats, and Why We Believe Them". The speakers will include James Gilmore (former Governor of Virginia) and John Mueller (author). See, notice and registration page. Lunch will be served after the program. Location: Cato, 1000 Massachusetts Ave., NW.

TIME? The National Institute of Standards and Technology (NIST) will host a conference titled "2nd Annual NIST/USMS Telemedicine Workshop". See, notice. Location: National Institutes of Health (NIH), Natcher Center, Building 45, 9000 Rockville Pike, Bethesda, MD.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "2006 Intellectual Property Law Year in Review: 2-Part Series: Patent Law Update". The speakers will include Bradley Wright (Banner & Witcoff) and Eric Wright (Morgan & Finnegan). The price to attend ranges from $80 to $115. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

9:00 AM - 5:00 PM. Day one of a two day conference hosted by the Federal Communications Bar Association (FCBA) and the Practicing Law Institute titled "Telecommunications Policy and Regulation". See, agenda [MS Word] and registration form [MS Word]. The price to attend ranges from $1,165.50 to $1,295. The price for FCC employees is $25. Location: Washington Hilton Hotel, 1919 Connecticut Ave., NW.

RESCHEDULED FOR DECEMBER 20. 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).

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the National Aeronautics and Space Administration's (NASA) request for a waiver of the FCC's Calling Party Number rules. This proceeding is CC Docket No. 91-281. See, notice in the Federal Register, November 29, 2006, Vol. 71, No. 229, at Pages 69094-69096.

12/6. Sen. Arlen Specter (R-PA), the Chairman of the Senate Judiciary Committee (SJC), spoke with reporters regarding judicial appointments after the conclusion of the SJC's hearing on December 6, 2006, titled "FBI Oversight". He declined to state what advice he is giving to President Bush or members of his administration. He said that the President can nominate whomever he chooses. However, Sen. Specter added that he is "looking for economy of time". He elaborated that he does not want to take up time with "nominees who can't get confirmed". However, he did not identify who any of these might be. And, he refused to comment regarding either Haynes, Boyle, or Meyer.

12/6. The Senate confirmed Robert Gates to be Secretary of Defense. See, statement by President Bush.

12/6. President Bush withdrew the nomination of David Laufman to be Inspector General at the Department of Defense. See, White House release.

12/6. Jared Cohen (President of Carnegie Mellon University) was named Chair of the Department of Homeland Security's (DHS) Secure Borders and Open Doors Advisory Committee (SBODAC). John Chen (Ch/CEO/P of Sybase) was named Co-Chair. See, DHS release for a list of other members of the SBODAC.

12/6. The Senate Finance Committee (SFC) approved the nomination of Phillip Swagel to be Assistant Secretary for Economic Policy at the Department of the Treasury.

12/6. The Senate Finance Committee (SFC) approved the nomination of Robert Hoyt to be General Counsel at the Department of the Treasury.

12/6. The Senate Finance Committee (SFC) approved the nomination of Deborah Wince-Smith to be a member of the Internal Revenue Service Oversight Board. She is President of the Council on Competitiveness. She was Assistant Secretary for Technology Policy in the Department of Commerce during the administration of the first President Bush.

12/6. The Senate Finance Committee (SFC) approved the nomination of Michele Davis to be Assistant Secretary for Public Affairs at the Department of the Treasury.

12/6. The Senate Finance Committee (SFC) approved the nominations of Dean Pinkert and Irving Williamson to be members of the US International Trade Commission (USITC).

12/5. The Federal Communications Commission (FCC) announced the appointment of members to its Commercial Mobile Service Alert Advisory Committee. See, FCC release [PDF].

12/6. Gail MacKinnon was named SVP of Global Public Policy at Time Warner Inc., effective January 2, 2007. She will report to EVP Carol Melton. MacKinnon will help oversee all of Time Warner’s government, political and public policy activities in Washington DC. She was previously SVP for Government Relations at the National Cable and Telecommunications Association (NCTA). She will be replaced at the NCTA by Steve Vest, an internal promotion.

12/6. Sen. Arlen Specter (R-PA), the Chairman of the Senate Judiciary Committee (SJC), spoke with reporters regarding the SJC's agenda for the 110th Congress after the conclusion of the SJC's hearing on December 6, 2006, titled "FBI Oversight". He said the several matters in the current 109th Congress will carry over into the 110th Congress, including immigration reform, the asbestos bill, and judicial nominations. He did not reference any intellectual property related issues. He added that "I am sorry to loose the gavel", but that he will work with his party to regain control of the Senate in the 111th Congress.

12/6. A grand jury of the U.S. District Court (SDTex) returned a nine count indictment against Rafael G. Adame charging wire fraud in violation of 18 U.S.C. § 1343 in connection with his alleged submission of fraudulent requests for payments from the Federal Communications Commission's (FCC) fraud plagued e-rate subsidy program. See, Department of Justice (DOJ) release.

12/5. Federal Communications Commission (FCC) Commissioner Robert McDowell gave a speech [8 pages in PDF] in New York, New York. "I trust free people acting within free markets to make better decisions for themselves than those of us in government", said McDowell. "Government should not adversely interfere with the relationships between consumers and entrepreneurs. Rather, government should try to remove barriers to entry and allow competition to flourish." But, he added, there are market failures that must be addressed by regulation. He talked about regulation affecting new and future delivery platforms. He said that "we have a full plate of issues before us that may affect the delivery of these new and improved platforms", including the digital television transition, spectrum auctions, the broadcast white space rulemaking proceeding, digital audio broadcasting, media ownership, video franchising, and the integration ban.

12/5. The US Patent and Trademark Office (USPTO) announced the opening of a USPTO art gallery. This is not prior art. It is oil on canvas, and related items, created by USPTO employees. See, USPTO release, and gallery, located in the Madison Building, 600 Dulany Street, Alexandria, Virginia.

12/4. Attorney General Alberto Gonzales gave a speech in Washington DC in which he discussed protecting children from predators. The prepared text of his speech includes no requests for new laws regulating internet services. However, he discussed the Internet Crimes Against Children Task Forces, and stated that "I look forward to ... A day when we never hear from the people who brag on the Internet about being revolutionaries ..." in connection with their illegal conduct.

Tech Law Journal publishes a free access web site and subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year. However, there are discounts for subscribers with multiple recipients. Free one month trial subscriptions are available. Also, free subscriptions are available for journalists, federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until one month after writing. See, subscription information page.

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

Privacy Policy
Notices & Disclaimers
Copyright 1998 - 2006 David Carney, dba Tech Law Journal. All rights reserved.