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April 25, 2007, Alert No. 1,570.
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Senate Commerce Committee Approves Data Breach Notification Bill

4/25.  The Senate Commerce Committee (SCC) approved S 1178, the "Identity Theft Prevention Act of 2007". See, SCC release. This is a data breach notification bill.

Sen. Daniel Inouye (D-HI), the Chairman of the SCC, introduced this bill on April 20, 2007. Sen. Ted Stevens (R-AK), the ranking Republican on the SCC, Sen. Mark Pryor (D-AR), and Sen. Gordon Smith (R-OR) are the original cosponsors.

The bill requires covered entities (any person or entity with certain data that might facilitate identity theft or fraud) to engage in certain data security practices. It also mandates and regulates the disclosure of security breaches to the Federal Trade Commission (FTC), consumer reporting agencies, and affected individuals. It also empowers consumers to place freezes with consumer credit reporting agencies (CCRAs), subject to numerous exceptions.

The bill preempts state law, with an exception for certain state laws that impose security freezes on consumer credit reporting agencies. It gives rule making authority to the FTC. It gives civil enforcement authority to the FTC and state attorneys general. It does not create a private right of action.

Sen. Inouye stated in a release that "The ID Theft Prevention bill provides the consumer a real defense from identity theft. Consumers will be awarded the long-awaited power to limit the use of their social security numbers and place a credit freeze on their accounts."

Sen. Stevens stated in a release that "Studies of identity theft show that Alaskans are particularly susceptible to this criminal activity. It is time for Congress to act. We must take steps to help people protect themselves. I urge the Senate to take up this bill, which has received broad bipartisan support, and pass it quickly."

Security Measures. Section 2 of the bill contains the security measures mandate.

It provides that "A covered entity shall develop, implement, maintain, and enforce a written program for the security of sensitive personal information the entity collects, maintains, sells, transfers, or disposes of, containing administrative, technical, and physical safeguards -- (1) to ensure the security and confidentiality of such data; (2) to protect against any anticipated threats or hazards to the security or integrity of such data; and (3) to protect against unauthorized access to, or use of, such data that could result in substantial harm to any individual."

The bill gives the FTC rulemaking authority with respect to Section 2. It provides that "A covered entity that is in full compliance with the requirements of the Commission's rules on Standards for Safeguarding Customer Information and Disposal of Consumer Report Information and Records is deemed to be in compliance ...".

It also requires the FTC to write regulations "that require procedures for authenticating the credentials of any third party to which sensitive personal information is to be transferred or sold by a covered entity".

However, the bill prevents the FTC from imposing technology mandates. "Nothing in this Act shall be construed to permit the Commission to issue regulations that require or impose a specific technology, product, technological standards, or solution." (See, Section 7.)

Security Breach Disclosure. Section 3 of the bill contains the security breach disclosure mandate.

The bill creates two categories of breaches, those affecting 1,000 or more individuals, and those affecting fewer than 1,000 individuals. For the larger breaches, the bill provides that the entity shall report any "breach of security" to the FTC and "notify all consumer reporting agencies".

Also, "If a covered entity discovers a breach of security that affects the sensitive personal information of fewer than 1,000 individuals and determines that the breach of security does not create a reasonable risk of identity theft, it shall report the breach to the" FTC. It also provides that if the entity "cannot make a determination as to whether the breach of security creates a reasonable risk of identity theft, it may request guidance from the" FTC, which must respond within five business days.

This section also requires notification to affected individuals, if certain conditions are present. It provides that "A covered entity shall use due diligence to investigate any suspected breach of security affecting sensitive personal information maintained by that covered entity. If, after the exercise of such due diligence, the covered entity discovers a breach of security and determines that the breach of security creates a reasonable risk of identity theft, the covered entity shall notify each such individual."

Also, the requirement to notify affected individuals only applies to an entity "which has a direct relationship with the parties whose information was subject to the breach".

Moreover, this section provides that "Unless there is an agreement to the contrary, the entity providing the notice shall be compensated for the cost of the notice".

This section also addresses the manner of notification, content of notification, timing of notification, and law enforcement and national security delays of notification. The bill give rulemaking authority to the FTC.

ISP and Carrier Exemption. There is an exemption to both the Section 2 and Section 3 mandates for certain stored electronic communications and intercepts of electronic communications.

The bill provides that a "electronic communication of a third party stored by a cable operator, information service, or telecommunications carrier in the network of such operator, service or carrier in the course of transferring or transmitting such communication."

Security Freezes. Section 4 of the bill provides that "A consumer may place a security freeze on the consumer's credit report by making a request to a consumer credit reporting agency in writing, by telephone, or through a secure electronic connection".

This Section does not require that the consumer represent that he may be a victim of identity theft or a security breach. However, this section also includes numerous exceptions (addressed below) which would limit a consumer's ability to use security freezes for most purposes unrelated to identity theft and security breaches.

Then, it provides that "If a security freeze is in place on a consumer's credit report, a consumer credit reporting agency may not release the credit report for consumer credit review purposes to a third party without prior express authorization from the consumer."

However, the consumer credit reporting agency (CCRA) may still advise third parties that "a security freeze is in effect with respect to the consumer's credit report".

The bill mandates that "The placement of a security freeze on a credit report may not be taken into account for any purpose in determining the credit score of the consumer to whom the account relates", and that CCRAs may not represent to consumers that it will affect scores.

However, notwithstanding such a freeze, the bill contains exceptions to the freeze for numerous categories of third parties, including any federal, state or local government entity engaged in law enforcement, tax collection, child support collection, or investigation of medicare or medicaid fraud.

The bill also provides an exception for court orders, including any "private collection agency acting pursuant to a court order, warrant, subpoena, or other compulsory process".

The bill also includes a broad exemption for any entity to which a consumer has a financial obligation, including a wide variety of agents, debt collectors, and prospective assignees, "for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or negotiable instrument".

Key Definitions. Section 11 contains definitions. The bill affects any "covered entity". The definitions contained in the bill provide that this means practically anything, including an individual. It states that the term means "a sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial entity, and any charitable, educational, or nonprofit organization, that acquires, maintains, or utilizes sensitive personal information".

In turn, the bill provides that the term "sensitive personal information" includes a person's name and social security or employer identification number, a username and password that would enable an online financial transaction, and other types of data that might facilitate identity theft of fraud.

The term "breach of security" is defined as "unauthorized access to and acquisition of data in any form or format containing sensitive personal information that compromises the security or confidentiality of such information".

Enforcement. The bill provides, at Section 8, for enforcement by the FTC, other federal financial services regulators (in matters involving their regulated entities), and state attorneys general.

For FTC enforcement, violations shall be "treated as an unfair or deceptive act or practice proscribed under a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act".

The bill creates no criminal liability. The bill creates no private right of action.

Preemption of State Law. Section 10 of this bill would preempt "any State or local law, regulation, or rule that requires a covered entity to notify individuals of breaches of security pertaining to them" and "any State or local law, regulation, or rule that requires a covered entity to develop, implement, maintain, or enforce information security programs to which this Act applies".

However, the bill would also exempt from preemption certain state laws imposing security freezes on consumer credit reporting agencies. It would exempt "any statute, regulation, order, or interpretation in effect in any State with regards to consumer credit reporting agencies compliance with a consumer's request to place, remove, or temporarily suspend the prohibition on the release by a credit reporting agency of information from its files on that consumer, except to the extent that such statute, regulation, order, or interpretation is inconsistent with the provisions of this Act, and then only to the extent of the inconsistency." The also elaborates on the meaning of inconsistency.

Other Provisions. The bill would also create an Information Security and Consumer Privacy Advisory Committee, require a study by the FTC, and authorize appropriations.

The bill includes a schedule of effective dates, but no sunset dates.

Identity Theft Task Force Releases Report

4/23. The President's Identity Theft Task Force (PITTF) released a report [120 pages in PDF] titled "Strategic Plan".

The report recommends "that federal agencies should reduce the unnecessary use of Social Security numbers (SSNs), the most valuable commodity for an identity thief; that national standards should be established to require private sector entities to safeguard the personal data they compile and maintain and to provide notice to consumers when a breach occurs that poses a significant risk of identity theft; that federal agencies should implement a broad, sustained awareness campaign to educate consumers, the private sector, and the public sector on deterring, detecting, and defending against identity theft; and that a National Identity Theft Law Enforcement Center should be created to allow law enforcement agencies to coordinate their efforts and information more efficiently, and investigate and prosecute identity thieves more effectively." (See, page 14.)

The report also calls for increased prosecution of identity theft, increased sentences for identity thieves, increased restitution to victims, and more victim recovery activities.

The report also makes several recommendations for amendment of federal criminal law. (See, page 19.) It recommends amending "the identity theft and aggravated identity theft statutes to ensure that identity thieves who misappropriate information belonging to corporations and organizations can be prosecuted".

It recommends adding "new crimes to the list of predicate offenses for aggravated identity theft offenses".

It recommends amending "the statute that criminalizes the theft of electronic data by eliminating the current requirement that the information must have been stolen through interstate communications".

It recommends penalizing "creators and distributors of malicious spyware and keyloggers".

Finally, it recommends amending "the cyber-extortion statute to cover additional, alternate types of cyber-extortion".

President Bush created the PITTF by executive order on May 10, 2006. It is co-chaired by Attorney General Alberto Gonzales and Deborah Majoras, Chairman of the Federal Trade Commission (FTC). It also includes the heads of 17 federal agencies and departments, including the Department of the Treasury (DOT), Securities and Exchange Commission (SEC), Federal Reserve System (FRS), Department of Commerce (DOC), and Department of Homeland Security (DHS)

See also, FTC release, SEC release, and DOT release.

SEC Charges Former Apple Officers with Stock Option Backdating

4/24. The Securities and Exchange Commission (SEC) filed a civil complaint [20 pages in PDF] in U.S. District Court (NDCal) against Nancy R. Heinen, former General Counsel of Apple, and Fred D. Anderson, former Chief Financial Officer of Apple, alleging violation of federal securities laws in connection with their alleged backdating of stock options in 2001.

Anderson simultaneously settled with the SEC. Heinen did not. Anderson agreed to an injunction, disgorgement of $2,953,125, interest of $528,107.86, and a fine of $150,000, See also, SEC release and release.

The complaint alleges that "This matter involves improper stock option backdating at Apple Computer ... which resulted in the Company's issuance of false financial statements that concealed millions of dollars in executive compensation. On two occasions in 2001, Apple issued huge option grants to top executives, but used false grant dates to avoid reporting nearly $40 million in expenses to the public. Defendant Nancy R. Heinen, Apple's then-General Counsel, caused the options to be backdated and altered company records to conceal the fraud. Defendant Fred D. Anderson, Apple's then-Chief Financial Officer, should have noticed Heinen's efforts to backdate the first grant but failed to take steps to ensure that Apple's financial statements were correct. The two defendants personally benefited from the backdating, receiving several million dollars in unreported compensation as a result of the backdated options."

The complaint adds that this included a "7.5 million-share grant to Chief Executive Officer Steven Jobs".

As a result, the complaint alleges, "Heinen's and Anderson's actions caused Apple to materially understate its expenses, overstate its income, and falsely represent in certain filings that Apple had incurred no expense for options grants."

The complaint charges Heinen with violation of Section 17(a) of the Securities Act of 1933 and Sections 10(b), 13(b)(5), and 16(a) of the Securities Exchange Act of 1934 and Rules 10b-5, 13b2-1, 13b2-2, and 16a-3 thereunder. It also charges her with aiding and abetting various violations. The SEC seeks an injunction, disgorgement, a fine, and an order barring her from serving as an officer or director of a public company.

The complaint charges Anderson with violation of Sections 17(a)(2) and 17(a)(3) of the Securities Act of 1933 and Section 16(a) of the Securities Exchange Act of 1934 and Rules 13b2-2 and 16a-3 thereunder. It also charges him with aiding and abetting various violations. He settled with the SEC without admitting wrongdoing.

Linda Thomsen, Director of the SEC's Division of Enforcement, stated in a release that "The Apple case demonstrates the Commission's ongoing commitment to take action against stock options backdating and other executive compensation abuses. When corporate officers enrich themselves at the expense of a company's shareholders, the Commission will hold the responsible individuals accountable, particularly where, as here, the responsible individuals are among those obligated to ensure that the company complies with all applicable securities laws and that its financial statements are accurate."

This case is Securities and Exchange Commission v. Nancy R. Heinen and Fred D. Anderson, U.S. District Court for the Northern District of California, D.C. No. 07-2214-HRL, Judge Lloyd presiding.

More Capitol Hill News

4/25. Senate Commerce Committee approved S 428, the "IP-Enabled Voice Communications and Public Safety Act of 2007". See, SCC release.

4/25. The Senate amended and approved S 761, the "America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act". The vote on final passage was 88-8. See, Roll Call No. 146.

4/25. The House Science Committee (HSC) amended and approved HR 1867, bill to authorize appropriations for FY 2008, 2009, and 2010 for the National Science Foundation (NSF), and HR 1868, a bill to reauthorize the National Institute of Standards and Technology (NIST). See, HSC release.

4/24. The House approved HR 362, the "10,000 Teachers, 10 Million Minds Science and Math Scholarship Act", by a vote of 389-22. See, Roll Call No. 254.

4/24. The House approved HR 363, the "Sowing the Seeds Through Science and Engineering Research Act", by a vote of 397-20. See, Roll Call No. 257.

Washington Tech Calendar
New items are highlighted in red.
Thursday, April 26

The House will meet at 10:00 AM for legislative business. There are no technology related items on the calendar. The schedule includes only HR 249, a bill pertaining to horses and burros. See, Rep. Hoyer's weekly calendar [PDF] and daily calendar [PDF].

The Senate will meet at 9:15 AM. At 10:00 AM it will consider the conference report for HR 1591, the Emergency Supplemental Appropriations Act for FY 2007.

9:00 AM - 2:00 PM. The Institute for Policy Innovation (IPI) will host an event titled "Intellectual Property: Driving Global Growth". The speakers will include Chris Israel (U.S. Coordinator for International Intellectual Property Enforcement), Michael Keplinger (Deputy Director General, World Intellectual Property Organization), Vivek Wadhwa (Duke University), Rep. Tom Feeney (R-FL), Jon Dudas (head of the U.S. Patent and Trademark Office), former Rep. Patricia Schroeder (now head of the Association of American Publishers), and Sam Pitroda (CEO of C-SAM and Chairman of the India Knowledge Commission). RSVP to Sonia Blumstein at 205-620-2087 or soniab at ipi dot org. Lunch will be served. Location: Hyatt Regency Washington, 400 New Jersey Ave., NW.

9:00 AM - 3:30 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will meet. See, notice in the Federal Register, December 29, 2006, Vol. 71, No. 250, at Page 78451. Location?

9:00 AM. Day two of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The April 26 meeting is closed to the public. The agenda is undisclosed. See, notice in the Federal Register, April 3, 2007, Vol. 72, No. 63, at Page 15862. Location: Room 3884, 14th Street between Constitution and Pennsylvania Ave., NW.

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 responses to: ITU letter of March 14, 2007 to Members of the Council regarding organizational changes within the General Secretariat and the Bureaux of the Sectors of the Union, ITU DM-07/1008 to the entire ITU membership regarding ITU's role on international public policy issues pertaining to the Internet and the management of Internet resources, and ITU DM-07/1003 to the entire ITU membership regarding the planning schedule for the fourth World Telecommunications Policy Forum on convergence and emerging policy issues". See, notice in the Federal Register, April 13, 2007, Vol. 72, No. 71, at Page 18722. Location: AT&T, 1120 20th St., NW.

CANCELLED. 12:00 NOON - 1:30 PM. The Alliance for Public Technology (APT), National Caucus and Center on Black Aged (NCBA), and Benton Foundation will host a brown bag lunch titled "Achieving Universal Broadband: Healthcare, Independent Living and Seniors". The speakers will be Karyne Jones (head of the National Caucus and Center on Black Aged) and Jenifer Simpson (American Association of People with Disabilities). See, notice. Location: NCBA, Suite 800, 1220 L St., NW.

12:15 PM. The Save the Internet Coalition will host a news teleconference. The speakers will include Sen. Byron Dorgan (D-ND), Craig Newmark (founder of Craigslist), Tim Wu (Columbia University Law School), Michele Combs (Christian Coalition), Adam Green (, and Gary Maricle ( The phone number is 973-582-2847, and the ID number is 8728466.

1:15 - 5:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will hold a partially closed meeting. The first hour of the meeting, which will be open, will be a discussion of the work of the Emergency Communications and Interoperability Task Force (ECITF), and a discussion of and vote on the International Task Force (ITF) Report. The rest of the meeting, which will be closed to the public, will be a discussion of Global Infrastructure Resiliency (GIR) and Cyber Security. See, notice in the Federal Register, April 6, 2007, Vol. 72, No. 66, at Page 17176. Location: U.S. Chamber of Commerce, 1615 H St., NW.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual Property will hold a hearing on HR 1908, "The Patent Reform Act of 2007". The witnesses will be John Thomas (professor at Georgetown University Law Center), Gary Griswold (3M Innovative Properties), William Tucker (Research and Administration and Technology Transfer, University of California), Antony Peterman (Dell), Kevin Sharer (Amgen). See, notice. Location: Room 2141, Rayburn Building.

2:00 PM. Rep. Rick Boucher (D-VA) and Rep. Lee Terry (R-IA) will hold a news conference to announce their introduction of the "Universal Service Reform Act of 2007". See also, HR 5072 (109th Congress), the "Universal Service Reform Act of 2006", and story titled "Reps. Terry and Boucher Introduce Universal Service Bill" in TLJ Daily E-Mail Alert No. 1,345, April 7, 2006. Location: Room 2218, Rayburn Building.

5:00 - 8:00 PM. The Congressional Caucus on Intellectual Property Promotion and the Prevention of Piracy, the World Intellectual Property Organization (WIPO), and George Washington University Law School will host a World Intellectual Property Day event. The speakers will include Carlos Gutierrez (Secretary of Commerce), Rep. Tom Feeney (R-FL), Rep. Dianne Watson (D-CA), and Michael Keplinger (Deputy Director General of WIPO). There will also be showcases provided by the Recording Industry Association of America, Motion Picture Association of America, Association of American Publishers, Entertainment Software Association, Business Software Alliance, and Software & Information Industry Association. For more information, contact Frank Pietrucha at 202-253-7376 or Suzanne Stoll at 202-955-7999. Location: Rayburn Foyer, Rayburn Building.

6:30 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers' Committee will host an event titled "Happy Hour". For more information, contact Erin Boone at erin dot boone at t-mobile dot com or 202-654-5919, or Nguyen Vu at nvu at wbklaw dot com or 202-383-3371. Location: Hard Rock Café, 999 E St., NW.

Day one of a two day visit by Shinzo Abe, Prime Minister of Japan, to Washington DC and Camp David. See, White House release.

Friday, April 27

Rep. Hoyer's weekly calendar [PDF] states that "no votes are expected in the House".

2:00 - 3:30 PM. The American Enterprise Institute (AEI) will host a panel discussion on the book [Amazon] titled "Terror in the Balance: Security, Liberty, and the Courts". The speakers will include the authors, Eric Posner (University of Chicago) and Adrian Vermeule (Harvard Law School), and Louis Michael Seidman (Georgetown Law Center) and Michael Greve (AEI). See, notice. Location: AEI, 1150 17th St., NW.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) in response to its notice in the Federal Register regarding hash algorithm requirements and evaluation criteria. The notice states that the "NIST has decided to develop one or more additional hash functions through a public competition, similar to the development process for the Advanced Encryption Standard (AES)." This notice is a prelude to this competition. The NIST has drafted, and seeks comment on, minimum acceptability requirements, submission requirements, and evaluation criteria for candidate algorithms. The NIST does not yet want competition candidate algorithms. See, Federal Register, January 23, 2007, Vol. 72, No. 14, at Pages 2861-2863, and notice in NIST web site.

Day two of a two day visit by Shinzo Abe, Prime Minister of Japan, to Washington DC and Camp David. See, White House release.

Monday, April 30

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Wireless Committee will host a luncheon panel discussion titled "Meet the Wireless Telecommunications Bureau Chief". The speaker will be Fred Campbell. See, registration form [PDF]. The price to attend is $15. The deadline for registrations and cancellations is 12:00 NOON on April 26. Location: Latham & Watkins, 10th floor, 555 11th St., NW.

An annual US-EU summit will be held in Washington DC. President Bush will meet with European Council President Angela Merkel and European Commission President Jose Manuel Barroso. See, White House release.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "The Ethics of E-mails". The speaker will be Thomas Spahn (McGuire Woods). The price to attend ranges from $80 to $115. For more information, call 202-626-3488. See, notice. Location: DC Bar Conference Center, 1250 H St NW B-1 Level.

Deadline to submit applications and nominations for membership on the Internal Revenue Service's (IRS) Electronic Tax Administration Advisory Committee (ETAAC). See, notice in the Federal Register, March 15, 2007, Vol. 72, No. 50, at Page 12264.

Tuesday, May 1

1:00 - 5:00 PM. The Federal Trade Commission (FTC) and the Department of Justice’s (DOJ) Antitrust Division will hold another of their long running series of workshops on single firm conduct and Section 2 of the Sherman Act. The FTC and DOJ also announced that this is the "second-to-last panel". The speakers will be William Baer (Arnold & Porter), Jonathan Baker (American University law school), Stephen Calkins (Wayne State University Law School), Einer Elhauge (Harvard Law School), Jonathan Jacobson (Wilson Sonsini Goodrich & Rosati), William Kolasky (Wilmer Hale), Thomas Krattenmaker (Wilson Sonsini Goodrich & Rosati), Janet McDavid (Hogan & Hartson), and Robert Willig (Princeton University). See, FTC notice. Location: FTC Conference Center, Room A, 601 New Jersey Ave., NW.

Wednesday, May 2

10:00 AM. The Senate Commerce Committee's Subcommittee on Interstate Commerce, Trade, and Tourism will hold a hearing titled "U.S. Trade Relations with China". Location: Room 253, Russell Building.

Thursday, May 3

10:00 AM - 5:00 PM. The National Science Foundation's (NDF) Advisory Committee for Cyberinfrastructure will meet. See, notice in the Federal Register, March 30, 2007, Vol. 72, No. 61, at Page 15170. Location: 4201 Wilson Boulevard, Room 1235, Arlington, VA.

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will hold the first of a series of three meeting to prepare advice for the next meetings of the Organization for Economic Co-operation and Development Working Parties on the Information Economy (WPIE) and Communications and Infrastructure Services Policy (CISP). See, notice in the Federal Register, April 5, 2007, Vol. 72, No. 65, at Page 16868. Location: Room 2533a, Harry Truman Building, 2201 C St., NW.

? 2:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will hold the first of a series of three teleconferences to prepare advice for the next meeting of the International Telecommunication Union's Study Group 9 (Integrated broadband cable networks and television and sound transmission). See, notice in the Federal Register, April 5, 2007, Vol. 72, No. 65, at Page 16868.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [53 pages in PDF] in its proceeding titled "In the Matter of Assessment and Collection of Regulatory Fees for Fiscal Year 2007". This NPRM is FCC 07-55 in MD Docket No. 07-81.

People and Appointments

4/25. President Bush announced his intent to nominate James Glassman to be a member of the Broadcasting Board of Governors (BBG) for the remainder of a three year term expiring on August 13, 2007, and an additional three year term expiring on August 13, 2010. President Bush also announced his intent to nominate Glassman to be Chairman of the BBG. See, White House release.

4/25. President Bush announced his intent to appoint six persons to be Members of the Advisory Committee for Trade Policy and Negotiations (ACTPN) for four year terms. The six are former Rep. Jennifer Dunn (R-WA), Terry Growcock (Ch/CEO of The Manitowoc Company), Herbert Fisk Johnson (Ch/CEO of S.C. Johnson & Son), James Owens (Ch/CEO of Caterpillar), Sidney Taurel (Ch/CEO of Eli Lilly and Company), and William Gerald Walter. See, White House release. The ACTPN was created by the Trade Act of 2002; it prepares reports on proposed trade agreements for the administration and Congress. See, USTR web page.

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