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September 11, 2007, Alert No. 1,638.
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AAG Wainstein Discusses FISA

9/10. Kenneth Wainstein, Assistant Attorney General in charge of the Department of Justice's (DOJ) National Security Division (NSD) gave a speech in Washington DC regarding the Foreign Intelligence Surveillance Act (FISA).

He offered his interpretation of the history of the FISA. He also discussed S 1927 [LOC | WW], the "Protect America Act", the bill passed by the Congress last month, and signed into law by President Bush on August 5, 2007. It contains a six month sunset provision.

Wainstein stated that the FISA "was passed in 1978, and it created a regime of court approval for national security surveillances."

He continued that "Congress designed a judicial review process that would apply primarily to surveillance activities within the United States where privacy interests are the most pronounced and not to overseas surveillance where privacy interests are minimal or non-existent."

"Congress established this dichotomy by defining ``electronic surveillance创 by reference to the manner of the communication under surveillance -- by distinguishing between ``wire创 communications -- which included most of the local and domestic traffic in 1978 -- and ``radio创 communications -- which included most of the transoceanic traffic in that era."

He argued that "Based on the communications reality of that time, that dichotomy more or less accomplished the Congressional purpose, as it distinguished between domestic communications that generally fell within FISA and foreign international communications that generally did not. But, that finely-balanced distinction has eroded with the dramatic changes in communications technology in the 29 years since FISA was enacted. In that time, we've seen the migration of the majority of international communications from satellite transmission (which qualified as ``radio创 communications under the statute) over to fiber-optic cable (which is ``wire创 under the statute); and, as a result, we've seen the tipping of that careful balance in the FISA statute." (Parentheses in original.)

He said that as a result of the technological changes, "we had to subject more and more of our overseas collections to review by the FISA Court." Meanwhile, the U.S. faces "an increasing national security threat from international terrorism".

He asserted that these technological changes, and the increased threat from terrorism, lead to the passage of S 1927 last month.

Finally, he said that this bill made "clear that -- regardless of the type of communication being surveilled or the location where the surveillance takes place -- FISA does not apply when the surveillance is targeting persons outside the United States. It does apply -- and we have to get a court order -- when the communications are domestic or when we target someone in the U.S. But, when the target is truly foreign, when we're targeting someone in another country, we don抰 need to go through the FISA Court."

House Judiciary Committee Holds Hearing on Surveillance and FISA

9/5. The House Judiciary Committee held a hearing titled "Warrantless Surveillance and the Foreign Intelligence Surveillance Act (FISA): The Role of Checks and Balances in Protecting Americans Privacy Rights."

Bob BarrFormer Rep. Bob Barr (R-GA) (at right) wrote in his prepared testimony [7 pages in PDF] that S 1927 "went far, far beyond what could reasonably be deemed necessary to address a technological problem with the 1970s-era FISA law that manifested itself because of 21st-Century technology. Now, thanks to the poorly-considered "Protect America Act" the administration is able to order the surreptitious interception and surveillance of virtually any electronic communication (including phone calls and e-mails) from or to any person in the United States, so long as the government reasonably believes one of the parties is "located outside of the United States."

Barr continued that "the changes wrought by "The Protect America Act" are neither "technical" nor "corrective." Especially those provisions found in Section 2 of the Act (which amends FISA by adding new Sections 105A and 105B), represent a profound alteration in the scope and reach of FISA, and a dramatic "brave new world" of electronic surveillance."

He added that this bill carves "out from Fourth-Amendment protection an entire class of communication -- electronic communications going to a person outside the United States, or coming to a person inside the United States."

He urged the Congress not to make permanent the provisions of this bill.

Suzanne Spaulding, a former CIA Assistant General Counsel, who now works for the Harbour Group, wrote in her prepared testimony [13 pages in PDF] that the newly enacted changes to the FISA "provide neither clear guidance nor the mechanisms to ensure careful oversight."

She continued that "the legal framework governing this intelligence activity has come to resemble a Rube Goldberg contraption rather than the coherent foundation we expect and need from our laws. The rules that govern domestic intelligence collection are scattered throughout the US Code and a multitude of internal agency policies, guidelines, and directives, developed piecemeal over time, often adopted quickly in response to scandal or crisis and sometimes in secret."

She recommended that the "Congress should undertake this comprehensive consideration of domestic intelligence with an eye toward the future but informed by the past and present. Until Congress fully understands precisely what has and is being done in terms of the collection and exploitation of intelligence related to activities inside the US, by all national security agencies, it cannot wisely anticipate the needs and potential problems going forward."

Robert Turner, a professor at the University of Virginia Law School, submitted lengthy prepared testimony [41 pages in PDF] about Presidential powers, intelligence gathering, and the history of the FISA. He also wrote that the Congress should "fix permanently the inadvertent consequences of technological changes and outdated statutory language that prevents our Intelligence Community from listening to every word we can intercept from Osama bin Laden and his associates in other countries."

Mort Halperin, of the Open Society Institute, wrote in his prepared testimony that "deeply troubled by the amendments to FISA passed by the Congress before the August recess. I am troubled because Congress granted to the Executive branch broad authority, in violation of the Fourth Amendment, to intercept the phone calls and emails of persons in the United States.

Summary of Protect America Act

9/11. The Senate approved S 1927 [LOC | WW], the "Protect America Act", on August 3, 2007, by a vote of 60-28. See, Roll Call No. 309. The House approved the bill on August 4, 2007, by a vote of 227-183. See, Roll Call No. 836. President Bush signed the bill on August 5, 2007. It is now Public Law No. 110-55.

House Republicans vote 186-2. House Democrats voted 41-181. All of the votes against in the Senate were cast by Democrats.

Much of the debate and rhetoric regarding this bill has focused on telephone calls and terrorists. Proponents of S 1927 have argued that it addresses language in the statute regarding intercepts that has been rendered outdated by changes in technology.

S 1927 that places "surveillance directed at a person reasonably believed to be located outside of the United States" outside of the Foreign Intelligence Surveillance Act's (FISA) definition of "electronic surveillance. It also authorizes the Attorney General (AG) and the Director of National Intelligence (DNI) to order the acquisition of any foreign intelligence information that is not "electronic surveillance" as redefined.

However, the language of the statute also enables the AG and DNI to order far more than the interception of terrorist's phone calls. The statute reaches not only terrorist information, but more broadly all "foreign intelligence" information. The statutes reaches not only the content of phone calls, but more broadly all "information", including "stored" communications and any other "information". The statute applies not only to acquisitions from a "communications service provider", but more broadly to any "person ... who has access to communications, either as they are transmitted or while they are stored". The statute applies not only to the acquisition of information, but also to any "person to ... provide ... facilities, and assistance necessary to accomplish the acquisition".

Presidential and Congressional Comments. President Bush stated on August 5, 2007, that as a result of changes in technology, "our intelligence professionals have told us that they are missing significant intelligence information that they need to protect the country. S.1927 reforms FISA by accounting for changes in technology and restoring the statute to its original focus on appropriate protections for the rights of persons in the United States -- and not foreign targets located in foreign lands." See, statement.

The White House press office issued a release that summarizes the bill.

Sen. Jay RockefellerSen. Jay Rockefeller (D-WV) (at right), the Chairman of the Senate Intelligence Committee, and sponsor of the bill, stated on the Senate floor that this bill "will provide the Director of National Intelligence, Mike McConnell, the temporary authorities he needs to expand his ability to collect time-sensitive intelligence against foreign targets as the Congress continues to work on a more lasting effort to reform the Foreign Intelligence Surveillance Act, or FISA, after 6 months has passed."

He a added that it provides that "a court order is not required for the surveillance of foreign-to-foreign communications, even if the interception of the communication occurs in the United States".

Rep. Lamar Smith (R-TX), the ranking Republican on the House Judiciary Committee (HJC) stated in the House debate on the bill that "In the 30 years since Congress enacted the Foreign Intelligence Surveillance Act, telecommunications technology has dramatically changed. As a result, the intelligence community is hampered in gathering essential information about terrorists needed to prevent attacks against America. Congress must modernize FISA to address this problem."

Rep. Smith offered this summary of the bill. "The bill, one, clarifies well-established law that neither the Constitution nor Federal law requires a court order to gather foreign communications from foreign terrorists; two, adopts flexible procedures to collect foreign intelligence from foreign terrorists overseas; three, provides court review of collection procedures for this new authority; and, four, requires semiannual reports to Congress on the use of this new authority."

Rep. Zoe Lofgren (D-CA) stated that "this bill goes far beyond what is necessary and what was agreed to by the Director of National Intelligence. All of us agree that foreign-to-foreign communications need to be available for surveillance. However, this bill would grant the Attorney General the ability to wiretap anybody, anyplace, anytime, without court review, without any checks and balances. I think that this unwarranted, unprecedented measure would simply eviscerate the fourth amendment that protects the privacy not of terrorists, but of Americans."

Section by Section Overview. S 1927 amends the Foreign Intelligence Surveillance Act of 1978, which is codified at 50 U.S.C. 1801 et seq.

Section 1 of the bill merely provides its title, the "Protect America Act of 2007".

Section 2 of the bill adds two new Sections, 105A and 105B, to the FISA after the current Section 105. (Section 105 of the FISA is codified at 50 U.S.C. 1805.) Section 2 contains the key provisions of the bill, and is summarized in more detail below.

Section 3 of the bill adds a new Section 105C to the FISA. It pertains to "procedures by which the Government determines that acquisitions conducted pursuant to section 105B do not constitute electronic surveillance".

Section 4 of the bill addresses reporting to the Congress.

Section 5 of the bill makes technical changes to the FISA made necessary by the other provisions of the bill.

Section 6 provides an effective date (immediate), transition procedure, and a sunset (after 180 days).

Located Outside the U.S. The new Section 105A provides in full that "Nothing in the definition of electronic surveillance under section 101(f) shall be construed to encompass surveillance directed at a person reasonably believed to be located outside of the United States."

Section 101 of the FISA, which is codified at 50 U.S.C. 1801, is the definitional section. Section 101(f) provides the definition of "electronic surveillance".

That is, one of the main things that the FISA does is regulate certain "electronic surveillance". But, this new Section 105A redefines some of this electronic surveillance -- that which is directed at a person reasonably believed to be located outside of the U.S. -- as not constituting "electronic surveillance" within the meaning of the FISA.

The new Section 105B then provides that "Director of National Intelligence and the Attorney General, may for periods of up to one year authorize the acquisition of foreign intelligence information concerning persons reasonably believed to be outside the United States", and elaborates on procedures for such authorizations, including certifications, and notice to the foreign intelligence surveillance court.

Foreign Intelligence. This new Section 105B carves out a category of acquisitions that are outside of the 4th Amendment, and prior court authorizations. This applies to far more than listening in on terrorist related phone calls where one person is "reasonably believed to be located outside of the U.S."

It refers to "foreign intelligence information". This term is defined in Section 101(e) (50 U.S.C. 1801(e)). This includes not only terrorist information, but national defense related information, and any information that relates to "the conduct of the foreign affairs of the United States".

Moreover, Section 105B provides that "foreign intelligence" need not be the only purpose, or even the primary purpose; it need only be a "significant purpose of the acquisition".

Acquisition of Information. The media of information covered by the new Section 105B is broad. First, it states that one of the prerequisites is that "the acquisition does not constitute electronic surveillance". But, recall that electronic surveillance (such as wiretaps, and acquisition of the contents of other radio, wire, or cable communications) is defined not to constitute electronic surveillance if it is "directed at a person reasonably believed to be located outside of the United States".

Then, the new Section 105B acquisition procedure would apply to other media, such as stored e-mail communications, other stored communications, and records in electronic, paper or other format.

The pertinent language of Section 105B is as follows: "the acquisition involves obtaining the foreign intelligence information from or with the assistance of a communications service provider, custodian, or other person (including any officer, employee, agent, or other specified person of such service provider, custodian, or other person) who has access to communications, either as they are transmitted or while they are stored, or equipment that is being or may be used to transmit or store such communications".

Any "information" held by a any "person ... who has access to communications ... or equipment" is covered, provided that the other requirements, such as "foreign intelligence", "outside" the U.S., decision by the AG or DNI, and so forth, are satisfied.

This language covers both information in transit and in storage.

This language, construed literally, covers USPS letters. This is regulated by statute, but Section 105B begins with the clause "Notwithstanding any other law".

Moreover, there is no requirement that the information acquired by a Section 105B order be communications. The requirement is only that the person to whom the order is directed "has access to communications ... or equipment". Thus, the subscriber, billing, call, search and access records of communications carriers and internet service providers could be acquired by a Section 105B order.

Furthermore, any "person ... who has access to communications", construed literally, would include any owner of real property wherein communications are stored. It would also include any tenant or custodian -- either in the legal or janitorial sense. The government could compel people to search other people's rooms, offices, and computers, and seize letters, computer files, and other "information", and turn it over to the government, under order of secrecy.

The government could search real property for information itself "with the assistance of a ... person ... who has access to communications ... or equipment". It could search for business records. These are covered by Section 215 of the FISA (which is codified at 50 U.S.C. 1861), but Section 105B begins with the clause "Notwithstanding any other law".

Or, the government could install audio listening devises, video cameras, or keystroke loggers. There are statutory regimes covering some of these, but Section 105B begins with the clause "Notwithstanding any other law".

Of course, the Congress does not have the authority to enact a statute that begins with the clause "Notwithstanding the Fourth Amendment of the Constitution".

Service Providers Obligations, Compensation, and Immunity. This Section 105B also requires carriers, service providers, custodians of information, and any "person" to comply immediately with government directives issued under Section 105B.

It also requires the government to compensate these service providers and others "at the prevailing rate", empowers the courts to compel compliance by service providers and others, and allows service providers to whom the order is directed, but not their customers, to challenge directives in secret proceedings.

This new Section 105B also provides limited immunity for service providers and others. It states that "Notwithstanding any other law, no cause of action shall lie in any court against any person for providing any information, facilities, or assistance in accordance with a directive under this section."

Sen. Patrick Leahy (D-VT) held a news conference in the SJC hearing room on August 20, 2007, at which he insisted that the bill provides no immunity.

The bill does provide immunity for "providing any information, facilities, or assistance in accordance with a directive under this section". This section would be a reference to the new Section 105B, which did not become law until August 5, 2007. Thus, the bill does not extend blanket immunity retroactively to "providing any information, facilities, or assistance" prior to August 5, 2007.

Nevertheless, this language still provides service providers and others arguments for extending immunity for acts committed prior to August 5, 2007. For example, a service provider might argue for immunity for "providing any information, facilities, or assistance" prior to August 5, 2007, where there is a second redundant providing of the same "information, facilities, or assistance" after August 5, 2007, that is done "in accordance with a directive under this section".

CALEA. The 1994 Communications Assistance for Law Enforcement Act (CALEA) requires telecommunications carriers to "shall ensure that its equipment, facilities, or services that provide a customer or subscriber with the ability to originate, terminate, or direct communications are capable of expeditiously isolating and enabling the government ... intercept, to the exclusion of any other communications, all wire and electronic communications carried by the carrier ..."

That is, the CALEA provides that telecommunications carriers must design their equipment and networks to facilitate lawfully conducted wiretaps and other intercepts. Statutes other than the CALEA, such as the Wiretap Act and the FISA, address what intercepts are lawful.

The Federal Communications Commission (FCC) has since extended by administrative fiat CALEA like obligations to broadband service providers and interconnected voice over internet protocol (VOIP) service providers.

S 1927 does not reference or amend the CALEA, Title 18 or Title 47. It does not reference any administrative proceedings of the FCC. However, it gives the DNI and AG CALEA like authority.

S 1927 not only provides for the acquisition of information, which includes acquisition by wiretap. It also provides that the "Director of National Intelligence and Attorney General may direct a person to ... provide ... facilities, and assistance necessary to accomplish the acquisition ...".

S 1927 does not expressly include, or exclude, "technology mandates" or "design requirements". Rather, it uses the term "assistance", which is also the key term of the CALEA.

S 1927 provides the AG an alternative means for compelling carriers to design their equipment and networks in a manner that facilitates surveillance. S 1927 also expands DOJ authority.

The CALEA statute only regulates "carriers". The FCC has determined that CALEA like obligations also apply to broadband and VOIP service providers. Section 105B of S 1927 applies to any "person". Construed literally, this would give the DNI and AG authority to issues orders to computer makers, mobile device manufacturers, database managers and software developers to provide "facilities, and assistance necessary to accomplish the acquisition" of information.

This authority would apply "With respect to an authorization of an acquisition under section 105B", which carries the requirements that "a significant purpose of the acquisition is to obtain foreign intelligence information" and that it concerns "persons reasonably believed to be outside the United States". However, carriers' networks, electronics manufacturers' equipment, and developers' software are used by both the people who are targeted by Section 105B orders, and by everyone else. A Section 105B order to "provide ... facilities, and assistance necessary to accomplish the acquisition" would impose requirements on the networks, equipment and software used by everyone.

Moreover, these Section 105B orders for "assistance", unlike the CALEA's "assistance" requirement, would be part of a secret process.

In addition, the DNI and AG would issue the orders. The FCC may have demonstrated disregard for the benefits of innovation in information technology in its CALEA rulings. However, its concern for innovation is substantially more than that demonstrated by the DOJ in its filings with the FCC.

AAG Keisler to Resign from DOJ

9/6. Peter Keisler, the Assistant Attorney General in charge of the Department of Justice's (DOJ) Civil Division, will resign, effective September 21, 2007. He has worked at the DOJ since June of 2002. He was sworn in as head of the Civil Division on July 1, 2003. See, DOJ release.

At the DOJ he has overseen litigation arising out of the various government wiretap, electronic surveillance, and data collection programs. He also argued, and lost, the Hamdan case in the Court of Appeals.

Peter KeislerKeisler (at left) remains President Bush's nominee for Judge of the U.S. Court of Appeals (DCCir). President Bush announced the nomination just before the Congress left town for the Independence Day recess in 2006. The Senate Judiciary Committee (SJC) held a hearing on August 1, 2006. The SJC has taken no further action on this nomination.

Keisler has attributes that makes him a candidate for appointment to the DC Circuit, or the Supreme Court, by any Republican President, and a pariah to liberal interest groups -- posh schools, clerkships with conservative icons Bork and Kennedy, a stint in Reagan's White House Counsel's office, loyal service in the second Bush administration, a long and active membership in the Federalist Society, a beautiful family, and almost no record of published speeches, opinion pieces or law review articles.

Keisler is also a telecommunications lawyer. In 1989 he joined the law firm of Sidley Austin, where he became one of the leading attorneys for AT&T, both in litigation, and in proceedings before the Federal Communications Commission (FCC).

Recent speeches, testimony, and memoranda of DOJ officials that touch on Presidential powers have often cited former Justice Robert Jackson's concurring opinion in Youngstown Sheet & Tube, Co. v. Sawyer, which is reported at 343 U.S. 579 (1952).

Perhaps Bush's nomination of Keisler is similar to Roosevelt's nomination of Jackson. At the time of their nominations, both were talented lawyers, with years of high level service in the DOJ, representing often controversial positions of their Presidents in matters related to unconventional warfare. Keisler has defended Bush's policies in the war on terror. Jackson defended Roosevelt's support for the British before the U.S. entered that war.

Keisler declined to answer questions from TLJ after his SJC confirmation hearing.

More People and Appointments

9/11. Gregory Crawford was named Chief Economist at the Federal Communications Commission (FCC). He is a young Assistant Professor at the University of Arizona. See, FCC release [PDF]. He replaces Michelle Connolly, who worked at the FCC for one year. The FCC's Chief Economist is usually a short term outsider with little authority or clout at the FCC.

9/7. President Bush announced his intent to nominate Todd Zinser to be Inspector General at the Department of Commerce. He is currently Deputy Inspector General of the Department of Transportation. If confirmed by the Senate, he would replace Johnnie Frazier. See also, story titled "House Commerce Committee Leaders Write Gutierrez about Alleged Misconduct in Department of Commerce OIG" in TLJ Daily E-Mail Alert No. 1,572, May 1, 2007.

9/5. The Federal Communications Commission (FCC) released a notice [PDF] regarding its Attorney Honors Program for 2008. The deadline to submit applications to the FCC is October 18, 2007.

Washington Tech Calendar
New items are highlighted in red.
Wednesday, September 12

Rosh Hoshana begins at sundown.

The House will not meet.

8:00 AM. The Information Technology Association of America (ITAA) will host an event titled "2007 Telework Exchange Town Hall Meeting". For more information, contact Mark Uncapher at muncapher at itaa dot org. Location: Ronald Reagan Building & Trade Center.

9:00 AM - 12:00 NOON. The Department of Commerce's (DOC) Measuring Innovation in the 21st Century Economy Advisory Committee will meet. A purpose of this committee is to determine how to quantify the national innovation rate, to measure innovation in a manner similar to the way the Gross Domestic Product (GDP) measures economic output. See, notice in the Federal Register, August 6, 2007, Vol. 72, No. 150, at Pages 43628-43629. Location: Auditorium, DOC, 1401 Constitution Ave., NW.

9:30 AM. The Senate Commerce Committee's (SCC) Subcommittee on Interstate Commerce, Trade and Tourism will hold a hearing titled "Federal Trade Commission Reauthorization". See, notice. Location: Room 253, Russell Building.

TIME CHANGE. 11:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Regulatory Preemption: Are Federal Agencies Usurping Congressional and State Authority?". The witnesses will be Donna Stone (President, National Conference of State Legislatures), Alan Untereiner (Robbins Russell), Collyn Peddie (Williams Kherkher), Viet Dinh (Georgetown University Law School), and David Vladeck (GULC). See, notice. Location: Room 226, Dirksen Building.

12:00 NOON. The Law Library of Congress will host a panel discussion titled "National Security and the Constitution". The speakers will be Louis Fisher (Library of Congress), Brian McKeon (Chief Counsel for the Senate Foreign Relations Committee), and Michael O扤eill (Minority Chief Counsel and Staff Director for the Senate Judiciary Committee). The event is free, but reservations are required. Contact Alisa Carrel at acar at loc dot gov. Location: Law Library抯 Multimedia Room, Room 240, James Madison Building, 101 Independence Ave., SE.

TIME? Day two of a two day meeting of the President's Council of Advisors on Science and Technology (PCAST). The PCAST web site states that this meeting will take place on September 11-12, 2007. Location?

Deadline to submit nominations for membership on the National Telecommunications and Information Administration's (NTIA) and the Federal Communications Commission's (FCC) just created advisory committee titled "Joint Advisory Committee on Communications Capabilities of Emergency Medical and Public Health Care Facilities". See, notice in the Federal Register, September 7, 2007, Vol. 72, No. 173, at Page 51418.

Thursday, September 13

Rosh Hoshana.

The House will not meet.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Diversity Committee will host a brown bag lunch. This will be a planning meeting. RSVP to Parul Desai at pdesai at mediaaccess dot org or 202-454-5683. Location: Wiley Rein, 1776 K St., NW.

12:30 - 2:30 PM. The DC Bar Association will host a panel discussion titled "Trade, Investment and Politics: A Roundtable on the U.S. - Latin America Relationship". The speakers will be Mario Gustavo Guzm醤 Saldana (Bolivia's Ambassador to the US), Luis Benigno Gallegos Chiriboga (Ecuador's Ambassador to the US), Thomas Shannon (Assistant Secretary of State, Bureau of Western Hemisphere Affairs), Everett Eissenstat (Assistant U.S. Trade Representative for the Americas), Rep. Gregory Meeks (D-NY), and Omar Garcia (President, Chairman of the Inter-American Legal Affairs Committee). The price to attend ranges from $5 to $25. For more information, call 202-626-3463. See, notice. Location: McKenna Long & Aldridge, 1900 K St., NW.

EXTENDED TO OCTOBER 1. Deadline to submit reply comments to the Copyright Office (CO) in response to its Notice of Inquiry (NOI) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, notice in the Federal Register, April 16, 2007, Vol. 72, No. 72, at Pages 19039-19055. See also, technical correction notice in the Federal Register, April 24, 2007, Vol. 72, No. 78, at Page 20374. See, notice of extension in the Federal Register, June 19, 2007, Vol. 72, No. 117, at Pages 33776-33777.

Deadline to submit written requests to testify (and copies of prepared testimony) at the Office of the U.S. Trade Representative (OUSTR) hearing on September 27, 2007. The OUSTR will hold a hearing to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). The OUSTR will consider, among other things, intellectual property rights (IPR) and IPR enforcement. See, notice in the Federal Register, July 25, 2007, Vol. 72, No. 142, at Pages 40905-40906.

Friday, September 14

The House will meet in pro forma session only.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Legislative Committee will host a brown bag lunch titled "Internet Tax Moratorium". For more information, contact Kelly Cole at kcole at nab dot org. Location: National Association of Broadcasters, 1717 N St., NW.

2:00 - 4:00 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "Should the SEC's Rule 12b-1 Survive?". The speakers will be Paul Stevens (Investment Company Institute), Barry Barbash (Willkie Farr & Gallagher), Mercer Bullard (Fund Democracy), Mary Bush (Bush International), and Peter Wallison (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its Draft Special Publication 800-48 Revision 1 [96 pages in PDF] titled "Wireless Network Security for IEEE 802.11a/b/g and Bluetooth".

Monday, September 17

12:00 NOON. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). The OUSTR seeks comments on, among other things, intellectual property rights (IPR) and IPR enforcement. See, notice in the Federal Register, July 25, 2007, Vol. 72, No. 142, at Pages 40905-40906.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Practice Committee will host a brown bag lunch titled "20th Century Fox v. Cablevision: The Remote DVR Case". For more information, contact Kerry Loughney at kerry at fcba dot org. Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host a brown bag lunch. The speakers will be Monica Desai and other representatives of the FCC's Enforcement Bureau. For more information, contact Kerry Loughney at kerry at fcba dot org. Location: Wiley Rein, 1776 K St., NW.

Day one of a two day conference titled "Future of Music Policy Summit". See, conference web site. Location: Marvin Center, George Washington University, 21st Street between H and I Streets, NW.

Day one of a two day conference hosted by Law Seminars International titled "Spectrum Management". Location: Capitol Hilton.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding Draft Special Publication 800-106 [15 pages in PDF], titled "Randomized Hashing Digital Signatures".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding Draft Special Publication 800-107 [18 pages in PDF], titled "Recommendation for Using Approved Hash Algorithms".

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding planning consumer understanding of the transition to digital television. This NPRM is FCC 07-128 in MB Docket No. 07-148. See, notice in the Federal Register, August 16, 2007, Vol. 72, No. 158, at Pages 46014-46020.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding changes to the Section 9 regulatory fee structure for the Broadband Radio Service (BRS). This FNPRM is FCC 07-140 in MD Docket No. 07-81. See, notice in the Federal Register, August 16, 2007, Vol. 72, No. 158, at Pages 46010-46014.

Deadline to submit comments to the National Nanotechnology Coordination Office (NNCO) in response to its paper [12 pages in PDF] titled "The Prioritization of Environmental, Health, and Safety Research Needs for Engineered Nanoscale Materials: An Interim Document for Public Comment". See, notice in the Federal Register, August 16, 2007, Vol. 72, No. 158, at Pages 46101-46102.

EXTENDED TO NOVEMBER 1. Deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) in response to its Notice of Inquiry (NOI) regarding its Commerce Control List (CCL). See, original notice in the Federal Register, July 17, 2007, Vol. 72, No. 136, at Pages 39052-39053, and revised notice in the Federal Register, September 6, 2007, Vol. 72, No. 172, at Pages 51213-51214.

Tuesday, September 18

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Qwest Services Corp. v. FCC, App. Ct. No. 06-1274. Judges Sentelle, Tatel and Williams will preside. Location: Courtroom 22 Annex, Prettyman Courthouse, 333 Constitution Ave., NW.

8:30 AM - 5:30 PM. The Information Technology Association of America (ITAA) will host a one day conference titled "Legal Risk Management in the Web 2.0 World". It will address, among other topics, risks associated with social networking web sites and user posted content. For more information, contact Mark Uncapher at muncapher at itaa dot org. See, notice. Location: AED Conference Center, 1825 Conn. Ave., NW.

TIME? The Information Technology and Innovation Foundation (ITIF) will hold a briefing, and release a report on electronic voting technology that rebuts rejects arguments for mandating paper audit trails. For more information, contact Daniel Castro at 202-626-5742 or dcastro at itif dot org. Location?

11:45 AM. The Telecommunications Research and Action Center (TRAC) will host an event titled "Everett C. Parker Ethics in Telecommunications Lecture". See, notice. Location: __?

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Wireline Practice Committee will host a brown bag lunch titled "Special Access". The speakers will be Robert Mayer (USTelecom), Colleen Boothby (Levine Blaszak), and Jonathan Nuechterlein (Wilmer Cutler). RSVP to Vicki Chedester at Victoria dot l dot chedester at verizon dot com or 202-515-2528. Location: Wiley Rein, 1776 K St., NW.

TIME? The Department of Commerce's (DOC) International Trade Administration (ITA) will host a closed meeting regarding identity management in electronic commerce. See, notice in the Federal Register, August 15, 2007, Vol. 72, No. 157, at Page 45731. Location: undisclosed.

Day two of a two day conference titled "Future of Music Policy Summit". See, conference web site. Location: Marvin Center, George Washington University, 21st Street between H and I Streets, NW.

Day two of a two day conference hosted by Law Seminars International titled "Spectrum Management". Location: Capitol Hilton.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [PDF] regarding E911 location requirements. This item is FCC 07-108 in PS Docket No. 07-114, CC Docket No. 94-102, and WC Docket No. 05-196. The FCC adopted this item on May 31, 2007, and released on it on June 1, 2007. See, notice in the Federal Register, June 20, 2007, Vol. 72, No. 118, at Pages 33948-33955. See also, story titled "FCC Extends E911 Location Tracking Rules to Interconnected VOIP" in TLJ Daily E-Mail Alert No. 1,589, May 31, 2007.

Wednesday, September 19

9:00 AM - 12:15 PM and 1:30 - 4:30 PM. The Department of Homeland Security's (DHS) Data Privacy and Integrity Advisory Committee will meet. See, notice in the Federal Register, September 4, 2007, Vol. 72, No. 170, at Pages 50686-50687. Location: Gallery I and II Rooms, Hilton Arlington and Towers, 950 North Stafford St., Arlington, VA.

TIME? The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing on trade with the People's Republic of China (PRC). The hearing will focus on lead tainted children's products imported from the PRC. Location: Room __, Rayburn Building.

RESCHEDULED FROM SEPTEMBER 11. 10:00 AM The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Issues in Emergency Communications: A Legislative Hearing on H.R. 3403, the 911 Modernization and Public Safety Act of 2007, and an Oversight Hearing of the Department of Homeland Security抯 Office of Emergency Communications". This hearing will be webcast by the HCC. Location: Room 2322, Rayburn Building.

10:00 AM. The Federal Communications Commission's (FCC) Commercial Mobile Service Alert Advisory Committee will meet. See, FCC notice [2 pages in PDF]. Location: FCC, Commission Meeting Room (TW-C305), 445 12th St., SW.

11:00 AM - 12:15 PM. The Heritage Foundation will host an event titled "Growing a Civil Society in Hong Kong: New Problems, New Prospects - A Conversation with Alan Leong". See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Cable Practice and Young Lawyers Committees will host a brown bag lunch titled "Translating the Set Top Box Debate and Visualizing the Living Room of the Future". For more information, contact Chris Fedeli at chrisfedeli at dwt dot com or Tarah Grant at tsgrant at hhlaw dot com. Location: __?

Deadline to submit comments to the Copyright Royalty Judges regarding a motion for further distribution in connection with the 2003 cable royalty fund. See, notice in the Federal Register, August 20, 2007, Vol. 72, No. 160, at Pages 46516-46520.

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