2/9. Attorney General Alberto Gonzales gave a speech in Rio de Janeiro, Brazil, regarding intellectual property rights.

Gonzales (at right) said that intellectual property protection "requires cooperation and a partnership that bridges cultural and geographic distances to achieve common goals for our citizens and our economies. And I am here to say that this partnership must include a mutual commitment to enforce the intellectual property rights that form the foundation of our dynamic global economy."

He added that "our work must proceed on several fronts. We must strengthen our global enforcement efforts, ensure strong intellectual property laws, increase resources devoted to IP law enforcement, and work to increase the number of joint U.S.-Brazil operations."

"Our law enforcement agencies must work together to develop and prosecute international piracy cases", said Gonzales. "The digital age has created a borderless world for large criminal conspiracies -- so our law enforcement efforts must be global and borderless as well. Every member of the global economy has a responsibility to keep counterfeit goods out of the marketplace."

Also, the Department of Commerce (DOC) announced on February 8 that Secretary of Commerce Carlos Gutierrez will travel to New Dehli, India on February 13-14, 2007. His agenda includes discussing intellectual property. See, DOC release.

2/5. The Federal Trade Commission (FTC) released its final order and several other documents in its administrative proceeding against Rambus involving standard setting, licensing, and dynamic random access memory (DRAM) technology. These items address remedies imposed upon Rambus for its unlawful monopolization in the markets for four computer memory technologies that were incorporated into industry standards for DRAM chips.

The FTC held on August 2, 2006, that Rambus violated Section 5 of the Federal Trade Commission Act by failing to disclose certain patent rights. However, the FTC did not at that time address remedies.

The FTC released the following documents on February 5, 2007:

• Final Order [12 pages in PDF].
• Opinion of the Commission on Remedy [30 pages in PDF, redacted].
• Remedy Statement of Commissioner Pamela Jones Harbour Concurring in Part and Dissenting in Part [10 pages in PDF].
• Statement of Commissioner J. Thomas Rosch Concurring in Part and Dissenting in Part [14 pages in PDF].

The FCC summarized the remedies imposed by the order and opinion. The FTC wrote in a release that the FTC "requires Rambus to license its SDRAM and DDR SDRAM technology and sets maximum allowable royalty rates it can collect for the licensing, bars Rambus from collecting or attempting to collect more than the maximum allowable royalty rates from companies that may already have incorporated its DRAM technology, and requires Rambus to employ a Commission-approved compliance officer to ensure that Rambus's patents and patent applications are disclosed to industry standard-setting bodies in which it participates."

For further background on this proceeding see story titled "FTC Files Administrative Complaint Against Rambus" in TLJ Daily E-Mail Alert No. 455, June 20, 2002; story titled "ALJ Dismisses FTC Complaint Against Rambus" in TLJ Daily E-Mail Alert No. 839, February 18, 2004; and story titled "FTC Holds That Rambus Unlawfully Monopolized Markets" in TLJ Daily E-Mail Alert No. 1,427, August 8, 2006.

And see, FTC Docket No. 9302 for hyperlinks to pleadings in this proceeding.

2/1. The House Commerce Committee (HCC) released a letter [PDF] from the Government Accountability Office (GAO) to Rep. John Dingell (D-MI). It responds to a letter request from Democratic and Republican leaders of the HCC. The letter confirms the GAO's "commitment to study the use of information technology in the credit derivatives market", outlines the objectives, scope and methodology of the investigation that it will undertake, and states that the GAO will issue its report by June 27, 2007.

Rep. Dingell stated in a release regarding this matter that the HCC "will vigorously exercise its cybersecurity jurisdiction".

He continued that "Failure to do so would enable serious infrastructure problems to trigger financial calamities with repercussions for the whole economy. I commend the Federal Reserve Bank of New York for its leadership in this matter, and I hope that the information GAO has uncovered will be helpful to our sister committee, Financial Services, in its oversight of financial institutions and markets under its jurisdiction."

HCC cybersecurity jurisdiction? HCC credit derivatives jurisdiction?

The Rules of the House of Representatives One Hundred Tenth Congress [55 pages in PDF], dated January 24, 2007, at Rule X, lists the fifteen areas of HCC jurisdiction. It does not list "cybersecurity", or "credit" or "credit derivatives". (See, pages 6-7.) Moreover, House Rule X provides that the House Financial Services Committee has jurisdiction over "credit" and "Banks and banking". (See, page 7.)

The HCC web site also contains a statement of its jurisdiction. It quotes verbatim House Rule X's list of fifteen areas of HCC jurisdiction. However, the HCC statement adds a sixteenth item: "Homeland security-related aspects of the foregoing, including cybersecurity". This additional item predates the 110th Congress.

In contrast, House Rule X provide that the House Homeland Security Committee has jurisdiction over "homeland security policy". (See, page 7.)

HCC leaders wrote a letter [PDF] to the GAO on June 6, 2006, regarding "credit derivatives", in which they asserted that this "relates to matters within this Committee's Rule X jurisdiction over interstate and foreign communications". The HCC's February 1, 2007, release shifts the HCC's basis for claiming jurisdiction.

HCC leaders have a history of aggressive and bipartisan assertion of jurisdiction, including in technology related areas. See, for example, story titled "House Commerce and Judiciary Committees Vie for High Tech Leadership, in Tech Law Journal, June 15, 1999. See also, stories titled "Judiciary Committee Leaders Condemn Jurisdictional Power Grab", "Chairman Barton Says Commerce Committee Will Mark Up Boucher Doolittle Bill in July", and "House Commerce Committee's Primary Jurisdiction Over HR 107" in TLJ Daily E-Mail Alert No. 924, June 23, 2004.

House Rule X does not assign "cybersecurity" to any committee. However, in the past, various House committees have conducted investigations, held hearings, and reported bills that relate to cybersecurity issues that are incidental to the jurisdictions of those committees. For example, the House Science and Technology Committee, which has jurisdiction over scientific research, scholarships, and the National Science Foundation (NSF) and the National Institute of Standards and Technology (NIST), and its Computer Security Division (CSD), has authorized appropriations for cybersecurity related research. The HJC, which has jurisdiction over crime, has reported bills that amend criminal law and procedure with respect to cybersecurity. The House Oversight and Government Reform Committee has reported bills pertaining to cybersecurity at federal departments and agencies. The House Appropriations Committee has reported bills that appropriate funds for cybersecurity related purposes. The House Homeland Security Committee, and its Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology, have been involved in cybersecurity in the context of critical infrastructures and homeland security.

One cybersecurity issue over which the HCC and the House Judiciary Committee (HJC) now vie for leadership is notification of data breaches. For example, on February 7, 2007, Rep. Lamar Smith (R-TX), the ranking Republican on the HJC, and other HJC Republicans, introduced HR 836, the "Cyber-Security Enhancement and Consumer Data Protection Act of 2007". This bill would, among other things, mandate disclosure of data security breaches. Also, on February 8, 2007, Rep. Bobby Rush (D-IL), and other members of the HCC, introduced HR  958, the "Data Accountability and Trust Act", or DATA. This bill would, among other things, mandate disclosure of data security breaches. Both bills were drafted with language that would give one committee jurisdiction, and deprive the other of jurisdiction.

Another cybersecurity issue area occupied by both the HCC and HJC involves spyware. On February 8, 2007, Rep. Ed Towns (D-NY), Rep. Mary Bono (R-CA), and other members of the HCC, introduced HR 964, the "Securely Protect Yourself Against Cyber Trespass Act" or SPY ACT.

Rep. Dingell's assertion of cybersecurity jurisdiction in the context of credit derivatives may also involve the HCC in an issue that is also of interest to, and within the jurisdiction of, the House Financial Services Committee.

Historically, in some situations, one consequence of committee jurisdictional competition has been that no committees' bill has been enacted into law. Different committees, with different constituent groups, have sometimes pursued bills with divergent provisions. Also, one scenario of committee jurisdictional competition has been that one committee has asserted jurisdiction over a topic for the purpose of preventing a second committee from succeeding in enacting legislation on that topic.

2/7. The Senate confirmed Michael McConnell to be Director of National Security. See, Congressional Record, February 7, 2007, at Page S1730

2/5. Randy Tritell was named Director of the Federal Trade Commission's (FTC) newly created Office of International Affairs. Hugh Stevenson was named Deputy Director for International Consumer Protection. Stacy Feuer was named Assistant Director for International Consumer Protection. See, FTC release.

2/1. The Senate confirmed Irving Williamson to be a Member of the U.S. International Trade Commission for a term expiring on June 16, 2014. See, Congressional Record, February 1, 2007, at page S1543.

2/1. The Senate confirmed Dean Pinkert to be a Member of the U.S. International Trade Commission for a term expiring on December 16, 2015. See, Congressional Record, February 1, 2007, at page S1543.

2/1. The Senate confirmed Lawrence Joseph O'Neill to be a Judge of the U.S. District Court for the Eastern District of California by a vote of 97-0. See, Roll Call No. 40 and Congressional Record, February 1, 2007, at page S1543.

2/1. The Senate confirmed Valerie Baker to be a Judge of the U.S. District Court for the Central District of California. See, Congressional Record, February 1, 2007, at page S1543.

2/1. The Senate confirmed Gregory Kent Frizzell to be a Judge of the U.S. District Court for the Northern District of Oklahoma by a vote of 99-0. See, Roll Call No. 41, and Congressional Record, February 1, 2007, at page S1543.

1/30. The Senate confirmed Lisa Wood to be a Judge of the U.S. District Court for the Southern District of Georgia by a vote of 97-0. See, Roll Call No. 35 and Congressional Record, January 30, 2007, at Page S1358.

1/30. The Senate confirmed Philip Gutierrez to be a Judge of the U.S. District Court for the Central District of California by a vote of 97-0. See, Roll Call No. 36 and Congressional Record, January 30, 2007, at Page S1358.

2/9. The Copyright Office (CO) published a notice in the Federal Register that announces that it is compiling a new specialty station list "to identify commercial television broadcast stations which, according to their owners, qualify as specialty stations for purposes of the former distant signal carriage rules" of the Federal Communications Commission (FCC). This list is relevant to the cable compulsory license, which is codified at 17 U.S.C. § 111. The CO requests that "all interested owners of television broadcast stations that qualify as specialty stations, including those that previously filed affidavits, to submit sworn affidavits to the Copyright Office stating that the programming of their stations meets the requirements specified under the FCC regulations in effect on June 24, 1981." The deadline to submit affidavits is April 9, 2007. See, Federal Register, February 8, 2007, Vol. 72, No. 26, at Pages 6008-6010.

2/9. The Copyright Office (CO) published a notice in the Federal Register that announces, describes, recites, and set the effective date (February 8, 2007) for a technical amendment in the CO regulations regarding fees for recordation of an interim or amended designation of agent to receive notification of claimed infringement under the Copyright Act. See, Federal Register, February 8, 2007, Vol. 72, No. 26, at Pages 5931-5932.

2/9. A grand jury of the U.S. District Court (SDTex) returned a verdict of guilty on seven counts of wire fraud, in violation of 18 U.S.C. § 1343, against Rafael G. Adame, former president and owner of ATE Tel Solutions Inc., in connection with his defrauding of the Federal Communications Commission's (FCC) e-rate subsidy program. See, DOJ release.

2/7. The House Judiciary Committee (HJC) approved HR 740, the "Preventing Harassment through Outbound Number Enforcement (PHONE) Act of 2007", by voice vote.

2/5. The Federal Trade Commission (FTC) announced that it has created an Office of International Affairs. The FTC stated in a release that this will put "international antitrust, consumer protection, and technical assistance programs under one office".

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 several non-technology relate items under suspension of the rules. See, Hoyer's calendar [PDF].

The Senate will meet at 1:00 PM. It will resume consideration of HJRes 20, the "Revised Continuing Appropriations Resolution, 2007".

12:00 NOON - 1:30 PM. The Progress and Freedom Foundation (PFF) will host an event "3rd Annual Media Luncheon". The PFF states that the event is "on-the-record". RSVP by February 9 to Amy Smorodin at 202-969-2957 or asmorodin at pff dot org. Location: The City Club of Washington at Franklin Square, 1300 I St., NW.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing its Section 301 report. Section 182 of the Trade Act of 1974, which is codified at 19 U.S.C. § 2242, requires the OUSTR to identify countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. See, notice in the Federal Register, January 9, 2007, Vol. 72, No. 5, at Pages 1033-1034.

EXTENDED TO FEBRUARY 26. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its 7th Further Notice of Proposed Rulemaking in its proceeding titled "Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service". This item proposes a new DTV Table of Allotments providing all eligible stations with channels for DTV operations after the DTV transition. The FCC adopted this item on October 10, 2006, and released it on October 20, 2006. See, story titled "FCC Adopts NPRM Proposing New DTV Table of Allotments" in TLJ Daily E-Mail Alert No. 1,473, October 23, 2006. This item is FCC 06-150 in MB Docket No. 87-268. See, notice in the Federal Register, November 15, 2006, Vol. 71, No. 220, at Pages 66591-66631. See, notice of extention [2 pages in PDF].

Deadline to submit to the Federal Communications Commission (FCC) various Communications Assistance for Law Enforcement Act (CALEA) related information, including an attesting letter for pending CALEA section 107(c)(1) petitions currently on file with the FCC, and compliance monitoring reports (FCC Form 445). See, Second Report and Order and Memorandum Opinion and Order [PDF] adopted on May 3, 2006, and released on May 12, 2006. It is FCC 06-56 in ET Docket No. 04-295. See also, notice in the Federal Register, December 27, 2006, Vol. 71, No. 248, at Page 77625.

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. It may begin consideration of a resolution regarding Iraq. See, Hoyer's calendar [PDF].

9:30 AM - 5:00 PM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. See, agenda in notice in the Federal Register, January 26, 2007, Vol. 72, No. 17, at Pages 3847-3848. Location: FCC, Room TW-C305, 445 12th St., SW.

10:00 AM. The Senate Commerce Committee (SCC) will meet in executive session. See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on President Bush's FY 2008 budget request for the Department of Homeland Security. Secretary Michael Chertoff will testify. See, notice. Location: Room 342, Dirksen Building.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare advice on U.S. positions for the Organization of American States (OAS) Inter-American Telecommunications Commission's Permanent Consultative Committee I (Telecommunications). See, notice in the Federal Register, January 11, 2007, Vol. 72, Number 7, at Page 1363. Location: undisclosed.

12:00 NOON - 1:30 PM. The DC Bar Association will host a panel discussion titled "Multi-jurisdictional Premerger Notification and Antitrust Review: Where to Start and how to Avoid Pitfalls". The speakers will include Anna Lueje (Northrop Grumman), Deborah Feinstein (Arnold & Porter), Ethan Litwin (Simpson Thacher & Bartlett), and John Ingrassia (Proskauer Rose). The price to attend ranges from free to $20. For more information, call 202-626-3463. See, notice. Location: Arnold & Porter, 555 12th St., NW.

Day one of a two day event hosted by the Federal Trade Commission (FTC) titled "Broadband Connectivity Competition Policy". The agenda includes discussions of "network neutrality", "Discrimination Against and Blockage of Content and Applications", and "Network Operators Charging Fees for Prioritized Delivery of Data". See, FTC notice. The event will be webcast by the FTC. Location: FTC satellite building conference center, 601 New Jersey Ave., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the National Exchange Carrier Association's (NECA) proposed modification of average schedule formulas for interstate settlements. See, FCC's Public Notice [PDF] (DA 07-306). This proceeding is WC Docket No. 06-223.

The House will meet at 10:00 AM for legislative business. See, Hoyer's calendar [PDF].

10:00 AM. The House Ways and Means Committee will hold a hearing titled "U.S. Trade Agenda". See, notice. Location: Room 1100, Longworth Building.

10:00 AM. The Senate Banking Committee will hold a hearing titled "The First Monetary Policy Report to the Congress for 2007". The witness will be Ben Bernanke, Chairman of the Board of Governors of the Federal Reserve System. See, notice. Location: Room 106, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "The Administration's FY2008 Research and Development Budget Proposal". The witness will be John Marburger (Director of the Office of Science and Technology Policy). Location: Room 2318, Rayburn Building.

2:30 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Emerging Threats, Cyber Security, and Science and Technology will hold a hearing titled "Understanding the Budget and Strategic Agenda of the Science and Technology Directorate". Location: Room 2118, Rayburn Building.

TIME AND LOCATION CHANGE. 10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Judicial Security and Independence". Supreme Court Justice Anthony Kennedy will testify. Press contract, Tracy Schmaler at 202-224-2154. Location: Room 216, Hart Building.

Day two of a two day event hosted by the Federal Trade Commission (FTC) titled "Broadband Connectivity Competition Policy". The agenda includes discussions of "network neutrality", "Discrimination Against and Blockage of Content and Applications", and "Network Operators Charging Fees for Prioritized Delivery of Data". See, FTC notice. The event will be webcast by the FTC. Location: FTC satellite building conference center, 601 New Jersey Ave., NW.

The House will meet at 10:00 AM for legislative business. See, Hoyer's calendar [PDF].

9:00 AM. The House Homeland Security Committee (HHSC) will hold a hearing on the Department of Homeland Security's (DHS) goals for 2007. Deputy Secretary Michael Jackson will testify. Location: Room 311, Cannon Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing on the Federal Communications Commission (FCC). The witnesses will be the five FCC Commissioners. Press contact: Jodi Seth (Dingell) at 202-225-5735 or Larry Neal (Barton) at 202-225-3641. Location: Room 2123, Rayburn Building.

10:00 AM. The House Ways and Means Committee's (HWMC) Subcommittee on Trade will hold a hearing titled "Trade with China". See, notice. Location: Room 1100, Longworth Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "The National Institute of Standards and Technology's Role in Supporting Economic Competitiveness in the 21st Century". The witnesses will be William Jeffrey (Director of the National Institute of Standards and Technology), Stan Williams (Hewlett Packard), Peter Murray (Welch Allyn), and Michael Borrus (X/Seed Capital). Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a business meeting. The agenda includes numerous bills, including S 236, the "Federal Agency Data Mining Reporting Act of 2007", and S 316, the "Preserve Access to Affordable Generics Act", a bill to prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market. See, notice. The SJC does not take up all of the items on its published agenda. The SJC has held this bill over once. Press contract, Tracy Schmaler (Leahy) at 202-224-2154 or . Location: Room 226, Dirksen Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "The Administration’s 2007 Trade Agenda". U.S. Trade Representative (USTR) Susan Schwab will testify. See, notice. Location: Room 215, Dirksen Building.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual Property (SCIIP) will hold a hearing titled "Oversight Hearing on The Patent System -- American Innovation at Risk: The Case for Patent Reform". See, notice. Location: Room 2141, Rayburn Building.

5:00 PM. Deadline to submit applications to the National Institute of Standards and Technology (NIST) to participate in the summer 2007 Gaithersburg Summer Undergraduate Research Fellowship Program, or the Boulder Summer Undergraduate Research Fellowship Program. Both programs are soliciting applications in the areas of "Electronics and Electrical Engineering" and "Information Technology". See, notice in the Federal Register, December 22, 2006, Vol. 71, No. 246, at Pages 76982-76987.

The House will meet at 9:00 AM. See, Hoyer's calendar [PDF].

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a panel discussion titled "Allocating the Electromagnetic Spectrum: A Discussion of the M2Z Proposal". The speakers will be Thomas Lenard (PFF), Robert Atkinson (Information Technology and Innovation Foundation), Chris McCabe (CTIA -- The Wireless Association), John Muleta (M2Z Networks), and Lawrence White (New York University). See, PFF release and registration page.. Lunch will be served. Press contact: Amy Smorodin at 202-289-8928 or asmorodin at pff dot org. Location: Room 2105, Rayburn Building, Capitol Hill.

Day one of the National Association of Regulatory Utility Commissioners' (NARUC) winter committee meetings. Location: Renaissance Washington Hotel.

George Washington's Birthday.

The House will be in recess for the Presidents' Day District Work Period on the week of February 19-23. See, House 2007 calendar.

The Senate will be in recess for the Presidents' Day District Work Period on the week of February 19-23. See, Senate 2007 calendar.

The Federal Communications Commission (FCC) and other federal offices will be closed. See, Office of Personnel Management's (OPM) list of federal holidays and 5 U.S.C. § 6103.

The National Press Club will be closed.

Day one of a four day convention titled "Satellite 2007". See, web site. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

Day two of the National Association of Regulatory Utility Commissioners' (NARUC) winter committee meetings. Location: Renaissance Washington Hotel.

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