7/17. President Bush nominated four persons to be Judges of U.S. Courts of Appeals: Robert Conrad (4th Circuit), Catharina Haynes (5th Circuit), Shalom Stone (3rd Circuit), and John Tinder (7th Circuit). See, White House release.

President Bush nominated Robert Conrad to be a Judge of the U.S. Court of Appeals (4thCir). See, White House biography. He is currently a Judge of the U.S. District Court for the Western District of North Carolina. He worked in the U.S. Attorneys Office for the Western District of North Carolina from 1989 through 2004. He was appointed U.S. Attorney in 2001.

President Bush nominated Catharina Haynes to be a Judge of the U.S. Court of Appeals (5thCir). See, White House biography. She is a partner in the Dallas, Texas, office of the law firm of Baker Botts.

President Bush nominated Shalom Stone to be a Judge of the U.S. Court of Appeals (3rdCir). See, White House biography. He is a member of the Roseland, New Jersey, law firm of Walter Hayden & Brogan. Bush has nominated him for the seat previously held by Justice Sam Alito.

President Bush nominated John Tinder to be a Judge of the U.S. Court of Appeals (7thCir).  See, White House biography. He has been a Judge of the U.S. District Court for the Southern District of Indiana since 1987.

Tinder was one of the District Court Judges who presided in Daniel Wallace v. IBM, Red Hat and Novell, D.C. No. No. 1:05-cv-678 and App. Ct. No. 06-2454. See, story titled "7th Circuit Holds GPL and Open Source Software Do Not Violate Antitrust Law" in TLJ Daily E-Mail Alert No. 1,487, November 10, 2006. He was also the Judge who presided in Entertainment Network, Inc. and Liveontheweb.com, Inc. v. Harley Lappin, D.C. No. TH01-0076-C-T/H, a challenge to federal regulations that prohibit the video recording and live webcasting of the executions of a federal prisoner. He rejected the plaintiffs' claim. See, opinion [31 pages in PDF].

7/17. The New America Foundation (NAF) released a paper [52 pages in PDF] titled "America's $480 Billion Spectrum Giveaway: How it Happened, and How to Prevent it from Recurring". The author is the NAF's Jim Snider.

The paper argues that while the U.S. has nominally established a spectrum auction system, with exceptions for certain categories, such as public safety and terrestrial broadcasting, this system has largely distributed public assets without compensation.

First, the paper presents its arguments regarding the nature and size of this "giveaway".

The paper estimates that 90 percent of the value of spectrum usage rights has been given away without public compensation. The paper estimates the value of spectrum usage rights by using data disclosed by publicly traded companies that hold spectrum usage rights in their Forms 10-K for the year 2006 filed with the Securities and Exchange Commission (SEC). It estimates the total value at $522 Billion.

The paper then estimates Department of the Treasury receipts at $40 Billion. Hence, it argues that there has been an approximately $480 Billion "giveaway".

Second, the paper presents arguments regarding how spectrum usage rights holders acquire these rights without full public compensation. This is a discussion of lobbying and political communications strategies. For example, it argues that uncompensated value is transferred through the license modification process. It elaborates that the compensated license acquisition in the auction process merely provides a "foot in the door" for the spectrum usage rights holder.

Third, the paper offers numerous policy recommendations.

For example, it argues that a "revolving door" between industry and the Federal Communications Commission (FCC) and the Congress should be addressed. It states that "A conflict of interest occurs because government regulators have an interest in not alienating potential future sources of financial support in the form of salary or equity investment. The conflict of interest causes regulators to write rules that support private interests, not the public interest. This problem is pervasive at the FCC."

It adds that some "former FCC employees are given equity interests -- some worth potentially hundreds of millions of dollars -- in telecommunications companies seeking favorable treatment before the FCC."

The paper suggests increasing the time ban on former FCC employees lobbying the agency from one to three years. It also recommends that "private companies lobbying the FCC or Congress with former FCC employees as stockholders should be required to disclose those equity interests".

The paper also recommends requiring the Congress to appropriate spectrum usage rights grants.

It recommends that spectrum usage rights licenses should be treated as leases, that these leases should be integrated into the government contracting system, and that spectrum should be treated like other government owned natural resources.

The paper also recommends that the federal government increase the public visibility of spectrum licensing. It recommends a government created "central database including the details of every spectrum assignment in the United States" and "historical information so that the modifications of any license over time can be tracked".

Moreover, it recommends that the government "should require that all spectrum license and allocation modifications that reach a threshold valuation should be valued by an independent auditor and integrated into the FCC's and NTIA's rulemaking procedures, including both formal rulemakings and waivers of particular rules on a case-by-case basis. OMB should then review the costs and benefits of such modifications with an expected economic impact above a certain threshold."

It also recommends the the FCC's Office of the Inspector General should be converted into a "True Inspector General".

Snider presented his paper on July 17, 2007, at an event hosted by the NAF. Michael Calabrese (NAF), Bob Edgar (new head of the Common Cause), Gary Bass (Executive Director of the OMB Watch), and Drew Clark (Center for Public Integrity) commented upon, and praised, Snider's paper.

The presentation was attended by NAF personnel, representatives of various groups, and reporters. Few representatives of the industries criticized in the paper, or the FCC or Congressional staff, attended the event.

7/10. Rep. Joe Baca (D-CA), Rep. Dan Burton (R-IN), Rep. Nancy Boyda (D-KS), and Rep. Ben Chandler (D-KY) introduced HR 2958 [LOC | WW], the "Children Protection from Video Game Violence and Sexual Content Act".

This bill would require the Federal Trade Commission (FTC) within 180 days to "evaluate and review the system employed by" the Entertainment Software Ratings Board (ESRB) to assign ratings to video games.

The bill would also require the FTC to include in this report its "opinion ... as to whether the ratings system results in the exposure to children of excessive violence and sexual content".

The bill would also require the Government Accountability Office (GAO) "conduct a study on the impact of video games on the mental stability and growth of children and young adults" within 180 days.

The bill was referred to the House Commerce Committee. None of the sponsors are members.

7/17. The Government Accountability Office (GAO) wrote a letter [66 pages in PDF] to Chairmen and ranking Republicans on the Appropriations Committees' Homeland Security Subcommittees regarding the Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services (USCIS).

The letter reports on the USCIS's business process and information technology transition plans, scheduled for completion in "2013 at an estimated cost of up to $536 million".

The report finds that the USCIS current "inefficient, paper-based processes" hinder its ability to process applications. The report recommends that the "USCIS must transform from its current unreliable, inefficient, and paper-intensive environment."

Moreover, the report states that "It is important that USCIS acquire IT systems and services in a way that employs leading IT management practices, such as those embodied in federal guidance that we and others have issued relative to enterprise architecture management, IT systems development and acquisition, and IT services acquisition. USCIS is early in the process of developing its own enterprise architecture. However, USCIS’ plans do not include a performance element, an important architectural component. Moreover, while the agency is following DHS' procedures to align the transformation with DHS’ enterprise architecture, we have previously reported that these procedures are not sufficient, and that DHS’ enterprise architecture is not complete."

7/17. Jim Snider, Research Director of the Wireless Future Program at the New America Foundation (NAF) will leave the NAF. The NAF's Michael Calabrese stated on July 17, 2007, that Snider will leave "this summer" to pursue "book writing" and "academic pursuits". Snider obtained a Ph.D. degree in political science from Northwestern University, and an MBA degree from Harvard Business School.

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

The Senate will meet at 10:00 AM for morning business. It will then resume consideration of HR 1585 [LOC | WW], the defense authorization bill for FY 2008.

LOCATION CHANGE. 8:30 AM - 12:00 NOON. The Homeland Defense Journal will host a conference titled "Strategies for Data Breach Prevention, Mitigation and Notification: A In-depth Look at OMB M-07-16". At 9:45 - 11:00 AM there will be a panel comprised of Hugo Tuefel (Chief Privacy Officer of the Department of Homeland Security), Mark Groman (Chief Privacy Officer of the Federal Trade Commission), and Mischel Kwon (Chief IT Security Technologist, Department of Justice). At 11:00 AM, Karen Evans (OMB) will speak. Rep. Tom Davis (R-VA) is also scheduled to speak. See, notice. Previous Location: Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave. NW. New Location: Capitol Hilton.

RESCHEDULED FOR JULY 24. 10:00 AM. The Senate Judiciary Committee (SJC) will hold an oversight hearing on the Department of Justice (DOJ). Location: Room 216, Hart Building.

10:00 AM. The House Financial Services Committee will hold a hearing titled "Monetary Policy and the State of the Economy". The witness will be Ben Bernanke, Chairman of the Federal Reserve Board. See, notice. Location: Room 2128, Rayburn Building.

10:00 AM. The House Ways and Means Committee will meet to mark up HR  3046 [LOC | WW], the "Social Security Number Privacy and Identity Theft Prevention Act of 2007". See, notice. Location: Room 1100, Longworth Building.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda again includes consideration of S 1145 [LOC | WW], the "Patent Reform Act of 2007". It also includes consideration of the nominations of William Osteen (to be a Judge of the U.S. District Court for the Middle District of North Carolina), Martin Karl Reidinger (USDC, WD North Carolina), Timothy DeGiusti (USDC, WD Oklahoma), Janis Lynn Sammartino (USDC, SD California), and Roslynn Mauskopf (USDC, EDNY). The SJC rarely follows its published agenda. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Safety of Chinese Imports: Oversight and Analysis of the Federal Response". The witnesses will be Sen. Sherrod Brown (D-OH), Nicole Nason (Administrator, National Highway Traffic Safety Administration), Nancy Nord (acting Chairman, Consumer Product Safety Commission), Murray Lumpkin (Food and Drug Administration), William Hogarth (National Marine Fisheries Service), Donald Mays (Consumers Union), Caroline DeWaal (Center for Science in the Public Interest), Scott Gottlieb (American Enterprise Institute), and Jay Timmons (National Association of Manufacturers). See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Finance Committee will hold a hearing on several pending nominations, including David McCormick to be Under Secretary for International Affairs, at the Department of the Treasury. See, notice. Location: Room 215, Dirksen Building.

10:00 AM. Secretary of Commerce Carlos Gutierrez and Secretary of Homeland Security Michael Chertoff will hold a news conference to announce the award of $968 Million Public Safety Interoperable Communications (PSIC) Grants. Press contact: Todd Sedmak at 202-482-7002 or tsedmak at ntia dot doc dot gov. The Department of Commerce (DOC) notice states that "Press Check-in" "with proper press credentials" is at 9:15 - 9:45 AM. Location: DOC, Auditorium Stage, 1401 Constitution Ave., NW.

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

10:15 PM. The House Judiciary Committee will meet to mark up HR 1908 [LOC | WW] , the "Patent Reform Act of 2007". See, notice. Press contact: Melanie Roussell (Conyers) or Gene Smith (Berman) at gene dot smith at mail dot house dot gov. Location: Room 2141, Rayburn Building.

11:45 AM - 2:00 PM. The AEI Brookings Joint Center will host a panel discussion titled "The Economics of Internet Advertising: Implications for the Google DoubleClick Merger". The speakers will be Thomas Eisenmann (Harvard), David Evans (LECG), Lorin Hitt (University of Pennsylvania), and Robert Hahn (AEI Brookings). See, notice. Lunch will be served. Location: AEI, 12th floor, 1150 17th St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Introducing the Industries: The Role of Trade Association Policymakers and Counsel". The speakers will be Marsha MacBride (NAB), Jonathan Banks (USTelecom), Carolyn Brandon (CTIA), Dan Brenner (NCTA), and David Cavossa (SIA). For more information, contact Chris Fedeli at chrisfedeli at dwt dot com or Tarah Grant at tsgrant at hhlaw dot com. Location: Davis Wright Tremaine, Suite 200, 1919 Pennsylvania Ave., NW.

12:30 PM. John Snow (Chairman of Cerberus Capital Management, and the previous Secretary of the Treasury), will give a speech on private equity. Location: Ballroom, National Press Club, 13th floor, 529 14th St., NW.

TIME? Securities and Exchange Commission (SEC) Commissioner Paul Atkins will address the Tech Council of Maryland. For more information, contact Mark Glazer at 240-453-6212 or mglazer at techcouncilmd dot com. Location: __, Rockville, MD.

Day one of a two day conference titled "Identity and Access Management in Government Conference". Location: Four Points by Sheraton, 1201 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding FCC regulation of exclusive contracts for the provision of video services to multiple dwelling units (MDUs) and other real estate developments. The FCC adopted this NPRM on March 22, 2007, and released the text [19 pages in PDF] on March 27. See, stories titled "FCC Adopts MDU Forced Access NPRM" in TLJ Daily E-Mail Alert No. 1,556, March 26, 2007, and "FCC Releases MDU NPRM" in TLJ Daily E-Mail Alert No. 1,557, March 27, 2007. See also, notice in the Federal Register, April 18, 2007, Vol. 72, No. 74, at Pages 19448-19453. This NPRM is FCC 07-33 in Docket 07-51.

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

9:30 AM. The Senate Banking Committee will hold a hearing titled "The Second Monetary Policy Report to the Congress for 2007". The witness will be Ben Bernanke, Chairman of the Federal Reserve Board. See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda again includes consideration of S 1145 [LOC | WW], the "Patent Reform Act of 2007". It also includes consideration of the nominations of William Osteen (to be a Judge of the U.S. District Court for the Middle District of North Carolina), Martin Karl Reidinger (USDC, WD North Carolina), Timothy DeGiusti (USDC, WD Oklahoma), Janis Lynn Sammartino (USDC, SD California), and Roslynn Mauskopf (USDC, EDNY). The SJC rarely follows its published agenda. See, notice. Location: Room 226, Dirksen Building.

2:00 PM. The House Judiciary Committee's (HJC) Antitrust Task Force will hold a hearing titled "Credit Card Interchange Fees". See, notice. Location: Room 2141, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) will meet to mark up numerous bills, including S 1492 [LOC | WW], the "Broadband Data Improvement Act", S 1769 [LOC | WW], the "Same Number Act of 2007", and S 1780 [LOC | WW], the "Protecting Children from Indecent Programming Act". Location: Room 253, Russell Building.

2:45 PM. The Senate Judiciary Committee (SJC) will hold a hearing on several judicial nominees, including Jennifer Elrod (to be a Judge of the U.S. Court of Appeals for the 5th Circuit), Richard Jones (U.S. District Court for the Western District of Washington), and Sharion Aycock (U.S.D.C., Northern District of Mississippi). See, notice. Location: Room 226, Dirksen Building.

Day one of a two day conference titled "Identity and Access Management in Government Conference". At 3:30 PM Hugo Tuefel (Chief Privacy Officer of the Department of Homeland Security) will participate on a panel titled "Ensuring Privacy and Management of Data". Location: Four Points by Sheraton, 1201 K St., NW.

4:30 PM. Google will hold its quarterly conference call to discuss second quarter 2007 financial results at 1:30 PM Pacific Time and 4:30 PM Eastern Time. See, release.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Antitrust Investigations: Tactical and Ethical Issues". The speakers will be Ray Hartwell (Hunton & Williams), Kathryn Fenton (Jones Day), Donald Klawiter (Morgan Lewis & Bockius), James Fredricks (DOJ Antitrust Division). See, notice. For more information, call 202-626-3488. The price to attend ranges from $80-$115. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

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

9:30 AM - 12:00 NOON. The Center for Democracy and Technology (CDT) and the Federal Trade Commission (FTC) will host an exhibit event titled "Safe Computing Town Hall Open House". For more information, contact Tim Lordan or Danielle Yates at 202-638-4370. Location: Room HC-8, Capitol Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Legislative Committee will host a brown bag lunch titled "House, Senate and FCC Ethics Rules". For more information, contact Paula Timmons at paula dot timmons at mycingular dot blackberry dot net. Location: National Association of Broadcasters, 1771 N St., NW.

2:00 - 3:00 PM. The Cato Institute will host a panel discussion titled "Funding the REAL ID Act: Improved Homeland Security or More Washington Waste?". The speakers will be David Williams (Citizens Against Government Waste), Andrew Moylan (National Taxpayers Union), and Jim Harper (Cato). See, notice and registration page. Location: Room 342, Dirksen Building.

Effective date of the Federal Communications Commission's (FCC) rules changes that implement The Broadcast Decency Enforcement Act of 2005 (Public Law No. 109-235), which increases the maximum forfeiture penalties for obscene, indecent, and profane broadcasts from $32,500 to $325,000. This item is FCC 07-94. The FCC adopted its on May 17, 2007, and released it on June 1, 2007. See also, notice in the Federal Register, June 20, 2007, Vol. 72, No. 118, at Pages 33913-33914.

10:00 AM - 5:00 PM. Day one of a four day hearing of the Copyright Office (CO) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, notice in the Federal Register, May 23, 2007, Vol. 72, No. 99, at Pages 28998-29000. Location: Copyright Office Hearing Room, 4th Floor, Madison Building, 101 Independence Ave., SE.

12:00 NOON - 1:45 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Internet Protocol and Broadband Technology -- Working for Public Safety". The speakers will be Rob Atkinson (ITIF), Jon Peha (Carnegie Mellon University), Steve Correll (National Law Enforcement Telecommunication System), James Craige (Alexandria, Virginia Police Department), Mark Grady (Indiana 911 Project), Dean Hairston (Danville, Virginia Police Department), and Robert LeGrande (District of Columbia). Lunch will be served. See, registration page. Location: Room 1205, Rayburn Building.

12:30 PM. Mel Karmazian (CEO of Sirius Satellite Radio) will give a speech. Location: Ballroom, National Press Club, 13th floor, 529 14th St., NW.

8:30 - 10:30 AM. The Copyright Alliance (CA) will host an event titled "Creators and Innovators: Advancing Consumer Interests in the Digital Age". The speakers will include Sen. Gordon Smith (R-OR), Chairman of the Senate Republican High Tech Task Force. Patrick Ross (CA) will moderate. For more information, contact Gayle Osterberg at 202-669-0689 or gayle at 133publicaffairs dot com. Breakfast will be served at 8:00 AM. Location: Room HC-6, Capitol Building.

9:30 AM. The Senate Judiciary Committee (SJC) will hold an oversight hearing on the Department of Justice (DOJ). Location: Room 216, Hart Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Protecting Children on the Internet". See, notice. Location: Room 253, Russell Building.

10:00 AM - 5:00 PM. Day two of a four day hearing of the Copyright Office (CO) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, notice in the Federal Register, May 23, 2007, Vol. 72, No. 99, at Pages 28998-29000. Location: Copyright Office Hearing Room, 4th Floor, Madison Building, 101 Independence Ave., SE.

12:00 NOON - 1:30 PM. The Alliance for Public Technology (APT) will host a brown bag lunch titled "Broadband Changed My Life: Benefits for Seniors and People with Disabilities". The speakers will be Joy Howell (APT) and Jenifer Simpson (American Association of People with Disabilities). RSVP to apt at apt dot org or 202-263-2970. Location: Benton Foundation, 11th Floor, 1625 K St., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "The ABCs or IP: A Primer on Patent, Copyright, and Trademark Law". The speakers will be Janet Fries (Drinker Biddle & Reath, on copyright), Steven Warner (Fitzpatrick Cella Harper & Scinto, on patent), Gary Krugman (Sughrue Mion, on trademark), and Maureen Browne (Heller Ehrman, moderator). See, notice. For more information, call 202-626-3463. The price to attend ranges from $10-$15. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Deadline to submit responses or oppositions to the Federal Communications Commission (FCC) regarding its review of the proposed merger of XM Satellite Radio Holdings and Sirius Satellite Radio. See, Public Notice [5 pages in PDF] (DA 07-2417).

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee will meet. See, notice in the Federal Register: July 6, 2007, Vol. 72, No. 129, at Page 36955. The agenda includes elections, "INFOSEC TWG Briefing", "IPMI and Remote Server Management", "MIMO Technology Overview", "Aggregation Technology", "Commercial Encryption Issues", "Introduction of (DRAFT) ISTAC Proposals for Wassenaar Arrangement 2008 List Review", and "Discussion: Comprehensive Review of Commerce Control List". Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

10:00 AM - 5:00 PM. Day three of a four day hearing of the Copyright Office (CO) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, notice in the Federal Register, May 23, 2007, Vol. 72, No. 99, at Pages 28998-29000. Location: Copyright Office Hearing Room, 4th Floor, Madison Building, 101 Independence Ave., SE.

2:30 PM. The Senate Commerce Committee's (SCC) Subcommittee on Interstate Commerce, Trade and Tourism will hold a hearing titled "U.S. Trade Relations with China". See, notice. Location: Room 253, Russell Building.

11:00 AM. The Cato Institute will host a panel discussion titled "America's High-Stakes Response to the WTO Internet Gambling Dispute". The speakers will be Mark Mendel (counsel for Antigua and Barbuda), John Jackson (Georgetown University Law Center), and Sallie James (Cato). See, notice. Lunch will be served after the program. Location: Cato, 1000 Massachusetts Ave., NW.

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 Cathy Hilke at chilke at wileyrein dot com. Location: Firefly, 1310 New Hampshire Ave., NW.