|US and PRC Wrap Up First Strategic
12/15. Secretary of the Treasury
Secretary of Commerce
Carlos Guitierrez, and other US government officials traveled to the
People's Republic of China for the first U.S.-China Strategic Economic Dialogue
on December 13 through 15, 2006.
Paulson gave a speech
on December 15 in which he stated that "We have agreed to continue and focus
discussions on a number of issues, including working toward sustainable growth
and greater integration into the global economy without significant trade
imbalances, and maintaining high productivity and enhancing protections for
intellectual property rights."
Paulson (at right) stated in a second
speech on December 15 that "We have agreement with the Chinese government on a number
of fundamental principles. ... China's full participation in the global economy requires
transparency and a commitment to enforcing international laws, especially in relation to
property rights. Both sides have committed to reinvigorating discussions within the Joint
Committee on Commerce and Trade to improve transparency and intellectual property
Paulson added that "Our next meeting of the Dialogue will take place in May
in Washington. Today we agreed that at the next meeting we will focus on the
efforts of both nations to achieve innovative societies and greater openness to
trade and investment and without significant trade imbalances."
release of the U.S. Chamber of Commerce.
|Copyright Industry Groups and
National Copyright Administration of China Enter Into MOU
12/15. The Motion Picture Association, Business
Software Alliance (BSA), Association of American
Publishers (AAP), and The UK Publishers
Association entered into a
Understanding (MOU) with the National Copyright Administration of China (NCAC).
This MOU states that the "NCAC will investigate and handle, pursuant to law,
online copyright infringement and piracy committed in the territory of China ..."
This MOU also provides method to report online copyright infringement to the NCAC.
The MOU also states that the parties "believe it is necessary to further
enhance and improve the verification system of copyright authorization".
Robert Holleyman, head of the BSA, stated in a
"BSA and its members are extremely pleased with the Memorandum of Understanding with
the Chinese government to address the serious problem of online theft of copyrighted
works, including computer software."
"The cooperation, investigation and enforcement strategies outlined in the MOU will
go a long way in stemming the growth of online theft. We look forward to working with
Chinese officials and industry partners in educating and training computer users, a
critical component to increasing protection for online copyrighted works." Holleyman
added that "“The software industry stands ready to provide the necessary information
to assist the Chinese government in taking actions against online pirates."
|GAO Reports on Agencies' Failure to
Implement IT Worker Exchange Program
12/15. The Government Accountability Office
(GAO) released a report
[19 pages in PDF] titled "Information Technology: Status and Challenges of
Employee Exchange Program". This report finds that government agencies have
failed to implement an information technology (IT) worker exchange program that
was created by statute in 2002 to improve the quality of government IT systems.
This report addresses the Information Technology Exchange Program (ITEP). It was
created by the E-Government Act of 2002. This Act was
HR 2458 in
the 107th Congress. It is now Public Law No. 107-347. Section 209 of the Act
created an IT employee exchange program "to improve the skills of the Federal
workforce in using information technology to deliver Government information and
For example, the Act provides that for IT management personnel, "On request
from or with the agreement of a private sector organization, and with the
consent of the employee concerned, the head of an agency may arrange for the
assignment of an employee of the agency to a private sector organization or an
employee of a private sector organization to the agency".
However, the just released GAO report finds that "With only 1 year remaining to
begin exchanges under the ITEP program, the seven agencies that volunteered to participate
are still initiating their programs, and no exchanges have taken place. The participating
agencies all have drafted plans, but only three -- DHS, DOD, and Commerce -- have finalized
them. Only DHS has attempted to negotiate an exchange, but it was unsuccessful in
exchanging staff with a potential private-sector partner. In its last two
semiannual reports OPM has reported on the status of agency plans, but has not
reported that no exchanges have taken place to date."
|SEC Adopts E-Proxy Rule
12/13. The Securities and Exchange Commission
(SEC) adopted, but did not release, amendments to its proxy rules that allow
companies to furnish proxy materials to shareholders through a notice and access
model using the internet.
The SEC issued a release
that describes these rule changes. It states that "A company choosing to follow the
model must post its proxy materials on an Internet Web site and send a Notice of Internet
Availability of Proxy Materials to shareholders at least 40 days before the meeting date.
A proxy card may not accompany the Notice. However, a company may send a paper proxy card
accompanied by another copy of the Notice 10 days or more after sending the initial the
The SEC's release also states that it "is proposing to require companies and
soliciting persons to follow the notice and access model for all solicitations not related
to a business combination transaction in the future. The proposed mandatory model would
operate in substantially the same manner as the voluntary model. However, under the proposal,
the Notice could be accompanied by a full set of proxy materials, including the proxy
statement, annual report, and proxy card."
|People and Appointments
12/15. The Department of Justice (DOJ) issued a
release that states that Alberto Gonzales "announced the appointment of Lee Lofthus
as Assistant Attorney General for Administration. Mr. Lofthus has served in an
acting capacity since June 1, 2006".
12/15. The Federal Bureau of Investigation
(FBI) published a
notice in the Federal Register that pertains to its CALEA Final Notice of
Capacity. The Communications Assistance for Law Enforcement Act (CALEA), as amended
and implemented, imposes technology mandates upon telecommunications carriers and others
to assist government agencies' efforts to attain universal surveillance capabilities.
This notice pertains to the requirement that regulated entities be capable of supporting
a certain number of simultaneous intercepts, pen registers, traps and traces, and related
internet protocol surveillances. See, Federal Register, December 15, 2006, Vol. 71, No.
241, at Pages 75581-75584.
|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
|Washington Tech Calendar
New items are highlighted in red.
|Friday, December 15
The House and Senate will next meet at 12:00 NOON on Tuesday,
January 4, 2007. See,
9:00 AM - 12:45 PM. Day two 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.
9:30 AM - 12:30 PM. The National Archives and
Records Administration (NARA) Information Security Oversight Office's (ISOO)
Public Interest Declassification Board (PIDB) will hold a meeting. See,
notice in the Federal Register, December 5, 2006, Vol. 71, No. 233, at Pages
70550-70551. Location: NARA, Rooms 500 and 501, 700 Pennsylvania
Deadline to submit initial comments to the Federal Communications
Commission (FCC) to assist the Wireless
Telecommunications Bureau (WTB) in drafting a report on the ability of persons
with hearing disabilities to access digital wireless telecommunications. See, FCC
Notice [4 pages in PDF] (DA 06-2285). This proceeding is WT Docket No. 06-203.
Deadline to submit initial comments to the
Office of the US Trade Representative regarding the
operation, implementation and effectiveness of all trade agreements regarding
telecommunications products and services to assist it in preparing its annual Section
1377 report. See,
notice in the Federal Register, November 15, 2006, Vol. 71, No. 220, at
|Highlights of Conference
Titled "Telecommunications Policy and Regulation", Friday,
9:00 AM. Speech by FCC Commissioner
9:30 AM. Panel titled "Developments in Homeland Security".
The speakers will be
(Wiley Rein & Fielding), Peter Fonash (Deputy Manager of the DHS's National
Communications System), Robert Gurss (APCO International), Kenneth Moran (Director
of the FCC's Office of Homeland Security).
10:30 AM. Panel titled "Network Neutrality". The speakers
will be Scott Cleland (NETCompetition.org), Gigi Sohn (Public
Knowledge), and Diane Cornell (Inmarsat)
11:15 AM. Panel titled "Telecommunications Future". The
speakers will be Michele Farquhar (Hogan & Hartson), Richard Wiley
(Wiley Rein & Fielding), Dale Hatfield (University of Colorado at
Boulder), Julius Knapp (Deputy Chief of the FCC's Office of Engineering
and Technology,), Blair Levin (Managing Director of Stifel Nicholas),
Robert Pepper (Cisco Systems), William Smith (BellSouth), and
Alexandra Wilson (Cox Enterprises).
12:15 PM. Speech by FCC Commissioner
|Saturday, December 16
|Monday, December 18
Effective date of the Report and Order (R&O) portion of
the Federal Communications Commission's (FCC) R&O and Further Notice of Proposed
Rulemaking (FNPRM) in its TV white space proceeding. This item is FCC 06-156 in ET
Docket Nos. 04-186 and 02-380. The FCC adopted this item at an October 12, 2006, meeting,
and released it on October 18, 2006. See, story titled "FCC Adopts Order and FNPRM
Regarding TV White Space" in TLJ Daily E-Mail Alert No. 1,467, October 12, 2006, and
notice in the Federal Register, November 17, 2006, Vol. 71, No. 222, at
|Tuesday, December 19
1:00 - 4:00 PM. The President's National
Security Telecommunications Advisory Committee (NSTAC) will hold a partially closed
meeting. At 1:00 PM the NSTAC will meet in public to receive comments from government
agencies, to discuss the work of the NSTAC's Emergency Communications and Interoperability
Task Force (ECITF), and to discuss the work of the Telecommunications and Electric Power
Interdependency Task Force (TEPITF). At 3:00 PM the NSTAC will meet in secret to
discuss the Global Infrastructure Resiliency (GIR) Report. See,
notice in the Federal Register, December 4, 2006, Vol. 71, No. 232, at
Pages 70413. Location: U.S. Chamber of Commerce, 1615 H St., NW.
2:30 - 4:30 PM. The Department of Labor's Labor
Advisory Committee for Trade Negotiations and Trade Policy will hold a meeting. See,
notice in the Federal Register: December 15, 2006, Vol. 71, No. 241, at Page
75584. Location: USTR Annex Building, Rooms 1 and 2, 1724 F St., NW.
5:00 - 7:00 PM. The
Free Press will host a party to promote the book
titled "The Case Against Media Consolidation: Evidence on Concentration, Localism
and Diversity" [no Amazon listing]. The book is an anthology of essays by Larry
Blosser, Mark Cooper, Steven Cooper, Marjorie Heins, Jeannine Kenney, Gene Kimmelman,
Glenn Manishin, Philip Napoli, Ben Scott and Derek Turner, advocating government
regulation of media. RSVP to Jen Howard at 202-265-1490 x22 or jhoward at
freepress dot net. Location: Free Press, 1st Floor Conference Room, 501 3rd
|Wednesday, December 20
RESCHEDULED FROM DECEMBER 14. 9:30 AM. The
Federal Communications Commission (FCC) will hold a
agenda [PDF]. 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 petition for declaratory ruling
filed by One Stop Financial, Inc., Group Discounts, Inc., 800 Discounts, Inc., and
Winback & Conserve Program, Inc. pertaining to the AT&T tariff at issue, and
"any other issues left open by the D.C. Circuit’s Opinion in AT&T Corp. v.
FCC", 394 F.3d 933. This proceeding is WC Docket No. 06-210. See, FCC
Public Notice [3 pages in PDF] (DA 06-2360).
|Thursday, December 21
10:00 AM. The Federal Communications
Commission's (FCC) Advisory Committee on Diversity for Communications
in the Digital Age will meet. See,
notice in the Federal Register: December 6, 2006, Vol. 71, No. 234, Page
70766. Location: FCC, Room 7-C753, 445 12th St., SW.
Extended deadline to submit reply 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
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, original
notice in the Federal Register, August 9, 2006, Vol. 71, No. 153, at Pages
order [PDF] extending deadlines.
|Friday, December 22
Deadline to submit comments to the National
Institute of Standards and Technology's (NIST) Computer Security Division regarding
Special Publication 800-82 [164 pages in PDF], titled "Guide to Supervisory
Control and Data Acquisition (SCADA) and Industrial Control Systems
Deadline to submit reply 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
Notice [PDF] (DA 06-2294).
5:00 PM. Deadline to submit requests to the
Department of Commerce's (DOC) Bureau of
Industry and Security's (BIS) Deemed Export Advisory Committee (DEAC) to
speak at the DEAC's meeting of January 22-23, 2007, in Santa Clara, California.
notice in the Federal Register, December 11, 2006, Vol. 71, No. 237, Page