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May 1, 2007, Alert No. 1,572.
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House Commerce Committee Leaders Ask DOJ to Investigate Pretexters for Possible Criminal Prosecution

4/26. Rep. John Dingell (D-MI), Rep. Joe Barton (R-TX), Rep. Bart Stupak (D-MI), and Rep. Ed Whitfield (R-KY) sent a letter [3 pages in PDF] to Attorney General Alberto Gonzales requesting that the Department of Justice (DOJ) "investigate whether certain individuals committed Federal crimes related to identity theft, wire fraud, improper use of social security numbers, unauthorized access to computer information, and pretexting".

See, story titled "Federal Criminal Statutes Related to Pretexting" in TLJ Daily E-Mail Alert No. 1,463, October 6, 2006.

The four Representatives are the Chairmen and ranking Republicans on the House Commerce Committee (HCC) and its Subcommittee on Oversight and Investigations (SOI). The HCC and its SOI held extensive hearings in 2006 on pretexting and data brokers in general, and the Hewlett Packard pretexting scandal in particular.

The four wrote that "Our investigation revealed that many of these data brokers procure and sell consumers' personal and confidential information without the individuals' knowledge or consent. For example, the Committee discovered that data brokers were procuring and selling: itemized calling logs for cell phones, landlines, voice-over-Internet-protocol (VOIP) lines, and pagers; unpublished phone numbers; unlisted addresses; ``blind´´ credit reports; bank and other financial account activity; itemized credit card transaction statements; college class schedules; names and addresses underlying post office boxes or private mail boxes; passwords for email accounts; and other personal data."

The HCC also forwarded to the DOJ numerous records that it obtained during its investigation.

The HCC/SOI held a day long hearing on HP's scandal on Thursday, September 28, 2006, and another hearing on pretexting on September 29.

See, related stories in TLJ Daily E-Mail Alert No. 1,462, October 5, 2006.
 • California Charges Patricia Dunn and Others With Four Felonies
 • Cingular Sues Pretexting Firm Involved in HP Scandal
 • Verizon Wireless Files John Doe Complaint Against HP's Pretexters
 • HP Discloses Terms of Ann Baskins' Resignation Agreement
 • Persons Involved in the HP Scandal
 • Bibliography for HP Scandal

See also, related stories in TLJ Daily E-Mail Alert No. 1,463, October 6, 2006.
 • Summary of Existing Federal Laws Related to Pretexting
 • Civil and Administrative Actions by Federal Agencies Related to Pretexting
 • Federal Private Rights of Action Related to Pretexting
 • FCC License Revocation, Renewal and Transfer Proceedings

In December of 2006, the HCC/SOI Democrats sought further information regarding Mark Hurd, HP's CEO. See, story titled "House Commerce Committee Democrats Seek Further Information from HP's Mark Hurd" in TLJ Daily E-Mail Alert No. 1,508, December 19, 2006.

FCC Recommends that Congress Regulate TV Content to Protect Children from Violent Programs

4/26. The Federal Communications Commission (FCC) released a report [39 pages in PDF] in its proceeding titled "In the Matter of Violent Television Programming And Its Impact On Children".

The report finds that violent video programming can be harmful to children. It states that the Congress could enact legislation to protect children from violent programs, such as through a time channeling solution, or by mandating family tiers or a la carte programming. The report asserts that such restrictions on speech would not violate the constitutional rights of video providers or viewers.

The report states that "that there is deep concern among many American parents and health professionals regarding harm from viewing violence in media. We also agree with the views of the Surgeon General that there is strong evidence that exposure to violence in the media can increase aggressive behavior in children, at least in the short term."

It concludes that "there is strong evidence that exposure to violence in the media can increase aggressive behavior in children, at least in the short term".

The report also states that "violent content is a protected form of speech under the First Amendment", but that "the government interests at stake, such as protecting children from excessively violent television programming, are similar to those which have been found to justify other content-based regulations".

It concludes that "although there are constitutional barriers to directly limiting or time channeling the distribution of violent television programming, the Supreme Court’s Pacifica decision and other decisions relating to restrictions on the broadcast of indecent content provide possible parallels for regulating violent television content."

In FCC v. Pacifica Foundation, 438 U.S. 726 (1978), the Supreme Court of the US (SCUS) upheld the FCC's power to regulate broadcasting that is indecent, but not obscene. At issue was a radio broadcast of a monologue by gutter comic George Carlin. However, no majority of the Court formed around any constitutional analysis for sustaining the regulation under the First Amendment. Although, the Court noted the pervasive, accessible and ubiquitous nature of broadcasting. The SCUS might conclude that this accessible and ubiquitous nature is not present for cable operators and DBS providers.

The FCC's just released report concludes that "while there are legal, evidentiary, analytical, and social science obstacles that need to be overcome in defining harmful violence, Congress likely has the ability and authority to craft a sustainable definition".

It also concludes that the "Congress could implement a time channeling solution ... and/or mandate some other form of consumer choice in obtaining video programming, such as the provision by MVPDs of video channels provided on family tiers or on an a la carte basis (e.g., channel blocking and reimbursement)." (Parentheses in original.)

The report states that "Industry could on its own initiative commit itself to reducing the amount of excessively violent programming viewed by children."

It continues that "Broadcasters could adopt a family hour at the beginning of prime time, during which they decline to air violent content. Multichannel video programming providers (MVPDs) could provide consumers greater choice in how they purchase their programming so that they could avoid violent programming. Under such an approach, consumers could select the channels they want to pay for, and opt out of those that they do not. In short, an a la carte regime would enable viewers to buy their television channels individually or in smaller bundles. In this manner, consumers could avoid purchasing those channels that tend to air more violent programming. Cable and DBS operators could implement a la carte in a variety of ways. For example, it could be limited to digital cable customers who would be permitted to “opt out” of cable programming, requesting not to receive certain cable channels and having their package price reduced accordingly (“channel blocking and reimbursement”). (Parentheses in original.)

Alternatively, the report states, "customers could be allowed to “opt in” to particular cable programs".

Or, the report concludes, the Congress could mandate any of these alternatives.

Reaction. Sen. Jay Rockefeller (D-WV) commended the FCC in a release. This release states that he will "be closely reviewing the FCC's report to see if any of these recommendations should be incorporated into legislation he will introduce in the next few weeks."

He introduced S 616 (109th Congress), the "Indecent and Gratuitous and Excessively Violent Programming Control Act of 2005", on March 14, 2005.

Sen. Rockefeller stated on April 25, 2007, that "Violent television content is reaching epidemic proportions ... We've waited a long time for this report, and the FCC is finally weighing in on one of the most critical communication issues of our time -- how can we protect our children from being exposed to excessively violent programming?"

Adam Thierer of the Progress and Freedom Foundation (PFF) stated in a release that "The FCC is opening a regulatory Pandora's Box with this report. Censoring ‘excessively violent’ television programming is an endeavor without any meaningful policy guideposts. Everyone will bring different interpretations to the task. Prolonged constitutional challenges will inevitable follow as the government and affected media industries spend years engaged in a costly legal dance until the Supreme Court likely strikes down this quixotic regulatory pursuit on First Amendment grounds."

Thierer added that "regulation isn't even necessary. Parents -- not five unelected bureaucrats at the FCC --should be responsible for deciding whether or not violent programming is allowed in their homes. Luckily, parents have been empowered with more tools than ever before to do this job. We need not call in Uncle Sam to play the role of surrogate parent for our children."

Caroline Fredrickson, Director of the American Civil Liberties Union's (ACLU) Washington Legislative Office, stated in a release that "The FCC's recommendations are political pandering. The government should not replace parents as decision makers in America's living rooms. There are some things the government does well, but deciding what is aired and when on television is not one of them. Parents already have many tools to protect their children, including blocking programs and channels, changing the channel, or turning off the television. Government should not parent the parents."

Fredrickson asked rhetorically, "How is it possible to quantify violence on television? The FCC has yet to define what 'violence' means for the purposes of regulation, and how much is too much. Monitoring what your children watch on television is a parent's responsibility -- not Uncle Sam's."

The just released report is FCC 07-50 in MB Docket No. 04-261. The statements of all five FCC Commissioners are attached to the report.

President's Civil Liberties Oversight Board Releases Annual Report

4/24. The President's Civil Liberties Oversight Board (PCLOB) released a report [49 pages in PDF] titled its "First Annual Report to Congress: March 2006 - March 2007".

The PCLOB was created by Section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004. This bill was S 2845 in the 108th Congress. It is now Public Law No. 108-458. However, bills approved by the House and Senate earlier this year would make changes to the PCLOB.

The PCLOB members were sworn in on March 14, 2006. The report covers its activities during its first year of operation.

The statute assigns several functions to the board. First, it requires to board to provide advice to the President and heads of departments and agencies. It provides, in part, that "For the purpose of providing advice to the President or to the head of any department or agency of the executive branch, the Board shall -- (A) review proposed regulations and executive branch policies related to efforts to protect the Nation from terrorism ... (B) review the implementation of laws, regulations, and executive branch policies related to efforts to protect the Nation from terrorism ... (C) advise the President and the head of any department or agency of the executive branch to ensure that privacy and civil liberties are appropriately considered in the development and implementation of such regulations and executive branch policies ..."

Second, the statute requires the board to conduct oversight. It provides, in part, that "The Board shall continually review (A) regulations, executive branch policies, and procedures (including the implementation of such regulations, policies, and procedures), related laws pertaining to efforts to protect the Nation from terrorism, and other actions by the executive branch related to efforts to protect the Nation from terrorism to ensure that privacy and civil liberties are protected; and (B) the information sharing practices of the departments, agencies, and elements of the executive branch to determine whether or not such practices appropriately protect privacy and civil liberties and adhere to the information sharing guidelines ..."

Third, the statute requires the board to "ensure that concerns with respect to privacy and civil liberties are appropriately considered in the implementation of laws, regulations, and executive branch policies related to efforts to protect the Nation against terrorism".

Notably, the statute does not task the board with providing information or reports to the Congress or public regarding the impact upon privacy or civil liberties of the implementation of laws, regulations, and executive branch policies related terrorism.

However, the statute does require an annual report to the Congress, but only as to the "the Board's major activities".

Hence, this report first addresses the statutory authority, formation, and staffing of the PCLOB. It also summarizes the board's activities in obtaining information from the various departments and agencies involved in fighting terrorism, including the Department of Justice (DOJ), Department of Homeland Security (DHS), Department of the Treasury (DOT), National Security Agency (NSA), Department of the Treasury (DOT), Department of State (DOS), and other departments and agencies. It also summarizes the board's meetings and communications with the public, advocacy groups, and academics.

The report states that the board is working with "homeland security professionals within the Executive Branch specifically dedicated to consideration of privacy and civil liberties". The report adds that the board is "fostering a sense of community among, and helping empower, these new professional privacy and civil liberties officers, as well as attorneys, inspectors general, and other relevant agency program officials. The Board intends to provide the necessary support at the appropriate level so that all are better able to fulfill their own responsibilities."

The report continues that it has only been in recent months that it has "begun to engage in a substantive review of existing anti-terrorism programs and policies." It elaborates that it is examining the NSA's surveillance programs, the DOT's Terrorist Finance Tracking Program, the DOD's Defense Counterintelligence Field Activities, the DOS's e-Passport Initiative, and the National Counterterrorism Center's National Implementation Plan.

Finally, the cover letter to the report, but not the report itself, addresses the DOJ Inspector General's (IG) report on the Federal Bureau of Investigation's (FBI) use of national security letters (NSLs).

This cover letter states that "The IG identified serious problems in the FBI's use of NSLs. The Board believes that such problems cannot be tolerated and must not be repeated." It adds that the board "was particularly troubled" by the FBI's use of "exigent letters". It also states that the board has met with the FBI Director, the IG, and others at the DOJ regarding this matter.

The just released report is not a report on the impact upon privacy or civil liberties of various government programs or policies. Nevertheless, the Electronic Privacy Information Center (EPIC) wrote in its web site that this report "provides little insight as to the Board's position on such key issues as the President's domestic surveillance program, government watch lists, or the terrorist scoring that the Department of Homeland Security assigns to US citizens".

The Chairman of the PCLOB is Carol Dinkens. The Vice Chairman is Alan Charles Raul. The three other members are Lanny Davis, Ted Olson, and Francis Taylor.

GAO Report Addresses Data Breaches at Government Agencies

4/30. The Government Accountability Office (GAO) released a report [PDF] titled "Privacy: Lessons Learned about Data Breach Notification". It pertains to loss of data by government agencies, such as the Veterans Administration's loss of a computer laptop containing personally identifiable information (PII) on approximately 26.5 Million veterans and active duty members.

The report states that "existing laws generally do not require agencies to notify affected individuals of data breaches".

The report offers seven recommendations or comments. First, "Rapid internal notification of key government officials is critical." Second, "Because incidents vary, a core group of senior officials should be designated to make decisions regarding an agency’s response."

Third, "Mechanisms must be in place to obtain contact information for affected individuals." Fourth, "Determining when to offer credit monitoring to affected individuals requires risk-based management decisions." Fifth, "Interaction with the public requires careful coordination and can be resource-intensive."

Sixth, "Internal training and awareness are critical to timely breach response, including notification." And seventh, "Contractor responsibilities for data breaches should be clearly defined."

Washington Tech Calendar
New items are highlighted in red.
Tuesday, May 1

The House will meet at 10:30 AM for morning hour and at 12:00 PM for legislative business. The House will consider numerous non-technology related items under suspension of the rules. The House may also vote on an Iraq related matter. See, Rep. Hoyer's weekly calendar [PDF].

The Senate will meet at 10:00 AM. It will begin consideration of of S 1082, the Food and Drug Administration authorization bill.

9:00 AM. Greg Garcia, Assistant Secretary for Cyber Security and Communications at the Department of Homeland Security (DHS) will speak at a joint meeting of the Information Technology Association of America (ITAA) and the Northern Virginia Technology Council (NVTC). Location: The Ritz-Carlton, Pentagon City, 1250 South Hayes St., Arlington, VA.

9:15 AM - 12:00 NOON. The Heritage Foundation will host an event titled "US-Japan Partnership in Transforming the East Asian Security Environment". See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

TIME CHANGE. 10:00 AM. 2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Process Patents". The witnesses will be Wayne Herrington (Assistant General Counsel, U.S. International Trade Commission), John Thomas (Georgetown University Law Center), Mike Kirk (Executive Director, American Intellectual Property Law Association), and Christopher Cotropia (Richmond School of Law). See, notice. Location: Room 226, Dirsksen Building.

12:30 PM. The House Foreign Affairs Committee will hold a hearing titled "The Future of Political, Economic and Security Relations with China". The witness will be John Negroponte, Deputy Secretary of State. See, notice. Location: Room 2172 Rayburn Building.

1:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, and Homeland Security will hold a hearing on HR 1525, the "Internet Spyware (I-SPY) Prevention Act of 2007", and HR 1615, the "Securing Aircraft Cockpits Against Lasers Act of 2007". The witnesses for HR 1525 will be Rep. Bob Goodlatte (R-VA) and Rep. Zoe Lofgren (D-CA). Following the hearing, the Subcommittee will mark up the two bills. See, notice of hearing and notice of markup. Location: Room 2141, Rayburn Building.

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.

2:30 PM. The House Rules Committee will meet to adopt a rule for consideration of HR 1867, the "National Science Foundation Authorization Act of 2007", and HR 1868, the "Technology Innovation and Manufacturing Stimulation Act of 2007". Location: Room H-313, Capitol Building.

Wednesday, May 2

The House will meet at 10:00 AM for legislative business. It may consider HR 1867, the "National Science Foundation Authorization Act of 2007", and HR 1868, the "Technology Innovation and Manufacturing Stimulation Act of 2007", subject to rules. See, Rep. Hoyer's weekly calendar [PDF].

9:00 AM. Leslie Burger, President of the American Library Association (ALA), will give a speech titled "Libraries, Politics and National Security". For more information, contact Michael Doyle at 202-383-0006 or mdoyle at mcclatchydc dot com, or Andy Bridges at 202-628-8410 x 8208 or abridges at alawash dot org. Location: Zenger Room, National Press Club, 529 14th St. NW.

9:15 AM. The European Institute's Roundtable on Telecommunications, Information Technology and Media Policies will host a breakfast meeting titled "Transatlantic Cooperation on Cyber Security". The speaker will be Hugo Teufel, Chief Privacy Officer of the Department of Homeland Security. Location: Cosmopolitan Club, Powell Room, 2121 Massachusetts Ave., NW.

TIME CHANGE. 10:00 AM. 9:15 AM. The Senate Commerce Committee's Subcommittee on Interstate Commerce, Trade, and Tourism will hold a hearing titled "U.S. Trade Relations with China". See, notice. The witnesses will be Jim Hightower (President of Hightower and Associates), Malcolm Bricklin (CEO of Visionary Vehicles), Brian O’Shaughnessy (P/CEO of Revere Copper Products), and Scott Paul (Alliance for American Manufacturing). Location: Room 253, Russell Building.

4:00 PM. The Senate Commerce Committee's (SCC) Subcommittee on Science, Technology and Innovation will hold a hearing titled "2006 Nobel Laureates". See, notice. The witnesses will be Andrew Fire (Professor of Pathology and Genetics at Stanford University School of Medicine),
Roger Kornberg (Professor of Medicine at Stanford University School of Medicine), John Mather (National Aeronautics and Space Administration), Craig Mello (University of Massachusetts Medical School), and George Smoot (Lawrence Berkeley National Laboratory).
Location: Room 253, Russell Building.

Thursday, May 3

The House will meet at 10:00 AM for legislative business. It may consider HR 1867, the "National Science Foundation Authorization Act of 2007", and HR 1868, the "Technology Innovation and Manufacturing Stimulation Act of 2007", subject to rules. See, Rep. Hoyer's weekly calendar [PDF].

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing titled "The Internet: A Portal to Violent Islamist Extremism". See, notice. Location: Room 342, Dirksen Building.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 495, the "Personal Data Privacy and Security Act of 2007", S 239, the "Notification of Risk to Personal Data Act of 2007", and S 1202, a bill to require agencies and persons in possession of computerized data containing sensitive personal information to disclose security breaches where such breach poses a significant risk of identity theft. The agenda also includes consideration of several judicial nominees: Debra Ann Livingston (to be a Judge of the U.S. Court of Appeals for the 2nd Circiut), Roslynn Renee Mauskopf (U.S.D.C., Eastern District of New York), Richard Joseph Sullivan (U.S.D.C. Southern District of New York), and Joseph Van Bokkelen (U.S.D.C., Northern District of Indiana). The SJC rarely follows its published agenda. See, notice. Press contact: Tracy Schmaler at 202-224-2154 or Tracy_Schmaler at judiciary dot senate dot gov. Location: Room 226, Dirksen Building.

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.

3:00 PM. The House Commerce Committee (HCC) Subcommittee on Commerce, Trade and Consumer Protection will hold a hearing on HR  1902, the "Protecting Consumer Access to Generic Drugs Act of 2007". Location: Room 2123, Rayburn Building.

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.

Friday, May 4

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

9:00 AM. The National Institute of Standards and Technology's (NIST) Information Technology Laboratory (ITL) will host a meeting titled "Internet Protocol version 6 (IPv6) Test Materials for the United States Government". See, notice in the Federal Register, April 17, 2007, Vol. 72, No. 73, at Pages 19178-19179. Location: NIST Administration Building, 100 Bureau Drive, Lecture Room B, Gaithersburg, MD.

POSTPONED. 9:30 AM - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a convention titled "2nd Annual Internet Security Summit". See, PFF notice, and agenda and registration page. For more information, contact Amy Smorodin at 202-289-8928. A continental breakfast and lunch will be served. Location: Ronald Reagan Building & International Trade Center, 1300 Pennsylvania Ave., NW.

10:00 AM - 2:00 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.

3:00 - 5:00 PM. The National Science Foundation's (NSF) Advisory Committee of International Science and Engineering will meet to provide advice concerning the NSF programs in international science and engineering. See, notice in the Federal Register, April 13, 2007, Vol. 72, No. 71, at Pages 18690-18691. Location: NSF, 4201 Wilson Boulevard, Room 950, Arlington, VA.

Deadline to submit comments to the Copyright Office regarding its proposed rules changes regarding applications for registration of claims to the renewal term of copyright. See, notice in the Federal Register, April 4, 2007, Vol. 72, No. 64, at Pages 16306-16311.

Monday, May 7

TIME? The Department of Defense's (DOD) Defense Science Board Task Force on Integrating Sensor-Collected Intelligence will hold another of its closed sessions regarding intelligence, surveillance and reconnaissance systems. See, notice in the Federal Register, April 2, 2007, Vol. 72, No. 62, at Page 15659. Location: Science Applications International Corporation, 4001 N. Fairfax Drive, Arlington, VA.

Deadline to submit applications to the Federal Communications Commission (FCC) to participate in its rural health care pilot subsidy program. See, FCC Public Notice [PDF] (DA 07-1188).

Deadlines to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding its complaint filed with the World Trade Organization (WTO) regarding the People's Republic of China's (PRC) failure to fulfill its treaty obligations regarding the protection of intellectual property rights. See, notice in the Federal Register, April 23, 2007, Vol. 72, No. 77, at Pages 20144-20146, and notice in the Federal Register, April 23, 2007, Vol. 72, No. 77, at Pages 20143-20144.

Tuesday, May 8

TIME? The Department of Defense's (DOD) Defense Science Board Task Force on Integrating Sensor-Collected Intelligence will hold another of its closed sessions regarding intelligence, surveillance and reconnaissance systems. See, notice in the Federal Register, April 2, 2007, Vol. 72, No. 62, at Page 15659. Location: Science Applications International Corporation, 4001 N. Fairfax Drive, Arlington, VA.

House Commerce Committee Leaders Write Gutierrez about Alleged Misconduct in Department of Commerce OIG

4/27. Rep. John Dingell (D-MI), Rep. Joe Barton (R-TX), Rep. Bart Stupak (D-MI), and Rep. Ed Whitfield (R-KY) sent a letter [5 pages in PDF] to Secretary of Commerce Carlos Gutierrez regarding the Department of Commerce's (DOC) Inspector General, Johnnie Frazier, and members of his staff.

The four Representatives are the Chairmen and ranking Republicans on the House Commerce Committee (HCC) and its Subcommittee on Oversight and Investigations (SOI).

Johnnie FrazierFrazier (at right) has been the DOC's IG since July 20, 1999.

The four wrote that "We have received numerous serious allegations of misconduct against Inspector General Johnnie Frazier and senior members of his staff."

They elaborated that the allegations "related to travel fraud, contracting irregularities, wasteful expenditures, favoritism, pre-selection of Senior Executive Service (SES) candidates, retaliation against whistleblowers, destruction of evidence, and obstruction of justice." They added that "we are troubled about the overall management, professionalism, independence, and effectiveness" of the OIG.

The letter also propounds numerous interrogatories to be answered by the DOC regarding Frazier and 16 current or former senior members of the OIG.

The four Representatives also wrote a letter [9 pages in PDF] to Frazier that provides further details about the allegations of misconduct. They also wrote a letter [16 pages in PDF] to James Burrus, of the Federal Bureau of Investigation, the Chairman of the President's Council on Integrity and Efficiency's (PCIE) Integrity Committee. The letter to Burrus attaches copies of the letters to the DOC and Frazier. It requests that the Integrity Committee work expeditiously to conclude its review, and to brief DOC staff. Finally, the four Representatives also wrote a letter [16 pages in PDF] to Scott Bloch, Special Counsel, U.S. Office of Special Counsel.

People and Appointments

4/30. Ben Aderson joined the AeA as Manager and Counsel, Technology Policy and Manager, State Public Policy. He previously worked for the Federal Trade Commission (FTC) and Rep. Anthony Weiner (D-NY). In addition, Alan Vazquez joined the AeA as Manager and Counsel of Domestic Policy. He previously worked for the Recording Industry Association of America (RIAA) and Microsoft. AeA is an acronym for American Electronics Association. However, the AeA now states that its name is now longer an acronym, and that it is now a high tech trade association.

More News

4/30. The Federal Communications Commission (FCC) released a public notice [2 pages in PDF] (DA 07-1953) regarding the Advanced Wireless Service (AWS) auction (No. 66) held in September of 2006. This notice announces the grant of licenses to the winning bidders listed in Attachment A [2 pages in PDF]. The FCC stated in a separate release [PDF] that "With the Public Notice released today, the Bureau has granted all of the 1,087 licenses won in the auction, with the exception of one license subject to a September 29, 2007 deadline for the applicant to file a certification to qualify for a Tribal Land Bidding Credit." See also, Attachment A1 [PDF], Attachment B [PDF] and Attachment C [PDF].

4/30. The Federal Communications Commission (FCC) held a hearing in Tampa, Florida, regarding its rules that regulate and restrict ownership of media companies. See, statement [PDF] by Kevin Martin, statement [PDF] by Michael Copps, statement [PDF] by Jonathan Adelstein, statement [PDF] by Deborah Tate, and statement [PDF] by Robert McDowell.

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