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April 15, 2008, Alert No. 1,747.
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Comcast and Pando Networks to Create P2P Bill of Rights and Responsibilities

4/15. Comcast and Pando Networks announced in a joint release that "they will lead an industry-wide effort to create a ``P2P Bill of Rights and Responsibilities´´ (BRR) for peer-to-peer (P2P) users and Internet Service Providers (ISPs)."

The two companies added that they "plan to collaborate and engage with industry experts, other ISPs and P2P companies, content providers and others to set a framework for the BRR that can serve as a best practice. The purpose would be to clarify what choices and controls consumers should have when using P2P applications as well as what processes and practices ISPs should use to manage P2P applications running on their networks.  For example, P2P users should have the right to control their computers’ resources when using P2P applications."

The Federal Communications Commission's (FCC) Robert Kenny stated in a release that "Establishing a specific and clearly defined P2P Bill of Rights is an interesting idea with potentially important implications for all Internet users. In order to learn more about this newly announced joint effort, we have invited Robert Levitan, CEO of Pando Networks and Tony Werner, Comcast's Chief Technology Officer, or their representatives to participate in the Commission's En Banc hearing on broadband network management practices this Thursday at Stanford University. We look forward to more fully understanding the goals, scope and time frame of this industry effort."

Kyle McSlarrow, head of the National Cable & Telecommunications Association (NCTA), stated in a release that "We applaud today's announcement by Comcast and Pando Networks, which is further evidence that private sector collaboration, not government intervention, is the most appropriate way to address complicated technological issues. NCTA stands ready to support this important effort and we encourage the participation of other industry participants." Comcast is a member of the NCTA.

Gigi Sohn, head of the Public Knowledge, sniffed in a release that "This so-called agreement is simply another way for Comcast to try to evade punishment for its blocking and degrading of peer-to-peer services for its customers. As with the 'agreement' with BitTorrent, today's announcement is long on rhetoric and short on detail."

Sohn asserted "The fact that Comcast is trying to come up with a Bill of Rights for customers is ludicrous."

On November 1, 2007, the Public Knowledge and Free Press (FP) filed with the FCC a document [48 pages in PDF] captioned "Formal Complaint of Free Press and Public Knowledge Against Comcast Corporation For Secretly Degrading Peer-to-Peer Applications". The FCC has not yet reached a disposition of this complaint.

The complaint alleges that Comcast is "degrading peer-to-peer protocols" by inserting forged reset packets into communications between peers in peer to peer (P2P) communications that terminate those communications. This, the complaint alleges, interferes with Comcast's subscribers use of applications like BitTorrent. See, story titled "Free Press Files Complaint with FCC Alleging that Comcast Is Violating 2005 Policy Statement" in TLJ Daily E-Mail Alert No. 1,669, November 5, 2007.

However, Comcast recently reached an agreement with BitTorrent. Both companies also agreed that there is no need for government intervention. See, story titled "Comcast and BitTorrent Reach Accord on Network Management Practices" in TLJ Daily E-Mail Alert No. 1,738, March 27, 2008.

Prior to the Comcast BitTorrent accord, FCC Chairman Kevin Martin spoke harsh words about Comcast. See, story titled "Martin Discusses Complaints Against Comcast and Verizon Wireless" in TLJ Daily E-Mail Alert No. 1,728, March 10, 2008.

IRS Commissioner Shulman Testifies Regarding Electronic Filing

4/15. The House Appropriations Committee's (HAC) Subcommittee on Financial Services held a hearing on the Internal Revenue Service (IRS). IRS Commissioner Douglas Shulman was the only witness.

Online tax preparation software, including Intuit's TurboTax and H&R Block's TaxCut, enable many individual taxpayers to file electronically, without paying a fee, under the Free File [PDF] program.

Douglas ShulmanShulman (at right) wrote in his prepared testimony that "Over 3.6 million people have utilized Free File as of April 5, 2008, an increase of 19.7 percent compared to the number of taxpayers that used Free File during the same period a year ago."

He added that "This year anyone with adjusted gross income of $54,000 or less is eligible for Free File, which includes 97 million taxpayers."

He did not address the proposed I-File program in his written or oral testimony. Members of the Subcommittee asked him numerous questions about other topics, including IRS use of private contractors to collect debts, movie actor Wesley Snipes, "stimulus checks", and IRS investigation of the tax exempt status of churches as a result of their political or policy activities.

After the hearing, Shulman and other IRS officials declined to answer questions from TLJ.

On April 14, 2008, the Computer and Communications Industry Association (CCIA) released a report [PDF] titled "The Benefits and Costs of I-File".

The report describes I-File as a proposal that the IRS "develop and operate an online tax filing system that would allow individuals to prepare their returns online and submit their returns directly to the IRS".

The CCIA report finds that "the benefits of an IRS-operated I-File system would be at most de minimis, and more likely non-existent. Taxpayers already have the ability to file their returns electronically; as a result of the Free File program, most taxpayers have the ability to do so for free. Firms in the highly competitive tax preparation software business have strong incentives to increase the rate at which taxpayers file electronically, as well as to continue to innovate and improve the usability of their products. There is little reason to believe that an IRS-operated system would represent an improvement over the products already available in the market -- and many reasons to believe it would not."

The report also finds that "the costs of attempting to develop an I-File system would be large".

The report adds that "the history of IRS information technology initiatives ... calls into question whether the agency is capable of implementing an I-File system within any reasonable set of time and budget constraints".

Finally, the report concludes that "the net present value of attempting to implement an I-File program is negative. Simply put, there are no plausible assumptions under which an I-File system could produce sufficient savings to pay back its development, implementation and operating costs" and that therefore, "I-File proposals do not represent a viable approach to increasing electronic filing, improving the efficiency of the IRS, or reducing the costs to taxpayers of filing tax returns".

The CCIA report was written by Robert Litan (Brookings Institution), Jeffrey Eisenach (Chairman of Criterion Economics), and Kevin Caves (Criterion).

Shulman also addressed the IRS's Modernized e-File (MeF) program in his written testimony. He wrote that MeF is the "IRS designated e-File platform (electronic filing system) for the future and provides e-Filing capability for large corporations, small businesses, partnerships, and non-profit associations. As of April 5, MeF has accepted 1.82 million corporate, partnership, and tax exempt tax returns, a 45-percent increase from this same period a year ago. MeF went into production as planned in January 2008 and provides the ability to file electronically Form 1120F (tax returns for foreign corporations) and Form 990N (so called electronic postcard for small tax-exempt organizations to meet their filing requirement)." (Parentheses in original.)

Shulman did not address, and the Subcommittee members did not raise, the subject of Section 280F of the Internal Revenue Code, and the IRS's initiative to tax employees for employer provided cell phones and other devices, and access to networks.

At the Subcommittee hearing Rep. Ralph Regula (R-OH) raised the subjects of identity theft and data security. Shulman responded in vague and general terms. He asserted that the IRS is "focused" on protecting taxpayer information.

He also said that the IRS has encrypted all laptops, centralized administration of taxpayer data, and is currently reviewing everyone who has access to data.

Shulman said that "data protection is as much about a culture" as it is about firewalls and other technologies.

President Bush and Senate Democrats Reach Compromise on 6th Circuit Nominees

4/15. President Bush and several Senate Democrats reached a compromise on appointments to the U.S. Court of Appeals (6thCir). There are two vacancies on the 6th Circuit. Bush previously nominated Stephen Murphy and Raymond Kethledge for these two seats. Senate Democrats have been delaying confirmation of both.

The 6th Circuit is a regional circuit that includes the states of Michigan, Ohio, Kentucky, and Tennessee.

Bush withdrew the nomination of Murphy for the 6th Circuit, and instead nominated him for the U.S. District Court (EDMich), which includes the city of Detroit and the eastern portion of the state. Bush also nominated for an empty seat on the 6th Circuit Helene White, a Democrat previously nominated by former President Clinton for a seat on the 6th Circuit. The two Democratic Senators from Michigan, Sen. Debbie Stabenow (D-MI) and Sen. Carl Levin (D-MI) will support the nomination of the other Republican nominee, Kethledge.

See, White House release.

Stephen Murphy is the U.S. Attorney (USA) for the Eastern District of Michigan. See, DOJ biography and USA biography. His DOJ biography states that he was previously an adjunct professor at the Ave Maria School of Law.

White is an elected member of the Michigan Court of Appeals. She was related to Sen. Levin by marriage to his cousin.

Kethledge is now an attorney in private practice. He is a partner in the law firm of Bush Seyferth Kethledge & Paige. See, DOJ biography and law firm bigraphy. He was previously a staff assistant to former Sen. Spencer Abraham (R-MI), who was a member of the SJC who opposed the nomination of White. Sen. Abraham lost in the 2000 election to Sen. Stabenow.

Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC), released a statement regarding negotiations between members of the Senate and Bush administration regarding 6th Circuit judges.

He wrote that "The White House today withdrew the nomination of Steven Joseph Murphy to fill a Michigan seat on the Sixth Circuit Court of Appeals, and instead nominated Judge Helene White, a former nominee to the Sixth Circuit during the Clinton administration. Judge White’s nomination was stalled by the Republican-led Senate, which didn’t consider a single nomination to the Sixth Circuit Court of Appeals in the last three years of the Clinton administration."

Sen. Leahy continued that "President Clinton's nominations of Judge Helene White and Kathleen McCree Lewis of Michigan, along with that of Kent Markus of Ohio, were blocked by Senate Republicans. President Bush has tried to take advantage of that situation. I urged him to work with the Michigan Senators. After seven years he finally has, and we have a significant development that can lead to filling the last two vacancies on the Sixth Circuit before this year ends."

Finally, he stated that "Levin and Stabenow are expected to support the nominations along with the Sixth Circuit nomination of Raymond Kethledge, and the Committee is likely to schedule hearings for them once the necessary paper work has been received by the Senate."

Sen. Specter Questions Presidential Candidates on Keisler Nomination

4/15. Sen. Arlen Specter (R-PA) sent substantially identical letters [PDF] to three Presidential candidates, Sen. John McCain (R-AZ), Sen. Hillary Clinton (D-NY), and Sen. Barrack Obama (D-IL), to ask their positions on the nominations of Peter Keisler to be a Judge of the U.S. Court of Appeals (DCCir), Robert Conrad to be a Judge of the U.S. Court of Appeals (4thCir), and Steve Matthews to be a Judge of the 4th Circuit.

Sen. Specter stated in a release that he also "sent copies of the letters to ABC News, suggesting questioning Senators Clinton and Obama on the failure of the Senate to vote on judicial nominees during the debate scheduled in Philadelphia, PA at the Constitution Center on April 16, 2008."

Peter KeislerKeisler (at right) rejoined the law firm of Sidley Austin in last month. Sidley announced in a release that he is "global coordinator of the firm's appellate practice". Before that, he held several positions at the Department of Justice (DOJ). For several years he was Assistant Attorney General in charge of the DOJ's huge Civil Division.

Among other things, he oversaw 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.

Before joining the DOJ he was a long time associate and partner at Sidley Austin. He worked on, among other things, telecommunications related litigation and regulatory proceedings. He was also a law clerk to Justice Anthony Kennedy of the Supreme Court and former Judge Robert Bork of the DC Circuit. See also, White House press office biography.

The DC Circuit hears many petitions for review and appeals from orders of federal regulatory agencies, including the Federal Communications Commission (FCC).

See also, stories titled "Keisler to Resign from DOJ" in TLJ Daily E-Mail Alert No. 1,638, September 11, 2007, "Bush Names Peter Keisler Acting Attorney General" in TLJ Daily E-Mail Alert No. 1,640, September 17, 2007, and "Bush Signs Bill Regarding Court Security and Federal Judgeships" in TLJ Daily E-Mail Alert No. 1,697, January 8, 2008.

People and Appointments

Sen. Arlen 
Specter4/15. Sen. Arlen Specter (R-PA) (at right), the ranking Republican on the Senate Judiciary Committee (SJC), announced in a release that he has "been diagnosed with an early recurrence of Hodgkin’s disease" and that he "will now receive the Stanford V protocol of chemotherapy weekly over the next 12 weeks". He added that he expects to "continue to perform all the duties of his office as well as his activities associated with his candidacy for re-election".

4/15. April 17, 2008, will be Alisha Prather's last day as Communications Director for the House Science Committee (HSC). She will go to work for the University of Texas Medical Branch's Galveston National Laboratory in Galveston, Texas.

Washington Tech Calendar
New items are highlighted in red.
Wednesday, April 16

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of April 14.

The Senate will meet at 9:30 AM. It will resume consideration of HR 1195 [LOC | WW], the "Highway Technical Corrections Act of 2007".

POSTPONED TO APRIL 23. 10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "National Security Letters: The Need for Greater Accountability and Oversight". The witnesses will be James Baker (former Counsel for Intelligence Policy, Department of Justice), Gregory Nojeim (Center for Democracy and Technology), and Michael Woods (former Chief, National Security Law Unit, Office of the General Counsel, FBI). Location: Room 226, Dirksen Building.

10:00 AM. The House Science Committee (SCC) will hold a hearing titled "The National Nanotechnology Initiative Amendments Act of 2008". The witnesses will be Floyd Kvamme (Co-Chair of the President’s Council of Advisors on Science and Technology), Sean Murdock (Nano Business Alliance), Joseph Krajcik (University of Michigan), Andrew Maynard (Woodrow Wilson Center), Raymond David (BASF Corporation), and Robert Doering (Texas Instruments). Location: Room 2318, Rayburn Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Financial Services will hold a hearing on the Securities and Exchange Commission (SEC). Location: Room 2220, Rayburn Building.

2:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Crime will hold a hearing titled "Challenges and Solutions for Protecting our Children from Violence and Exploitation in the 21st Century". The witnesses will be McGregor Scott (U.S. Attorney for the Eastern District of California), Flint Waters (Office of the Attorney General of the State of Wyoming), Robert Moses (High Technology Crimes Unit, Delaware State Police), Michelle Collins (National Center for Missing and Exploited Children), and Grier Weeks (National Association to Protect Children). See, notice. This hearing will address online exploitation. Location: Room 226, Dirksen Building.

2:00 PM. The House Oversight and Government Reform Committee's Subcommittee on Information Policy, Census, and National Archives will hold a hearing titled "Electronic Communications Preservation Act". Location: Room 2247, Rayburn Building.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Wireline Committee will host an event titled "Pole Attachments: Current Issues and Policy Considerations". This event qualifies for continuing legal education (CLE) credits. See, registration form [PDF] and notice and online registration page. Prices vary. The deadline for registrations and cancellations is 5:00 PM on April 14. Location: Bingham McCutchen, 2020 K St., NW.

Thursday, April 17

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of April 14.

POSTPONED TO APRIL 24. 10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 2533 [LOC | WW], the "State Secrets Protection Act". The SJC rarely follows its published agendas. This bill has been on prior agendas. Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, and Homeland Security will hold a hearing on three bills. One is HR 2352 [LOC | WW], the "School Safety Enhancements Act of 2007". This bill would, among other things, amend 42 U.S.C. § 3797a to authorize the Department of Justice to provide grants to public elementary and secondary schools for "surveillance equipment". This hearing will be webcast by the HJC. See, notice. Location: Room 2141, Rayburn Building.

10:00 - 11:30 AM. The Department of State's (DOS) Advisory Committee on International Communications and Information Policy will meet. See, notice in the Federal Register, April 1, 2008, Vol. 73, No. 63, at Pages 17396-17397. Location: Loy Henderson Auditorium, DOS, 2201 C St., NW.

10:00 AM. The Cato Institute will host an event titled "Highly Skilled Immigrants: Opening the Doors to Prosperity". The program will address the Congress' failure to increase the annual limit on the number of H1B visas. The speakers will include Sen. Judd Gregg (R-VT) and Dan Griswold (Cato). See, notice and registration page. Location: Room 430, Dirksen Building, Capitol Hill.

12:00 NOON - 1:00 PM. The National Association of Manufacturers (NAM) will host an event titled "NAM Issue Briefing: Research and Development Credit". The speakers will include Sen. Orrin Hatch (R-UT), sponsor of S 2209 [LOC | WW], the "Research Credit Improvement Act of 2007". Location: NAM, Suite 600, 1331 Pennsylvania Ave., NW.

6:00 PM. Deadline for the winning bidders in Auction 73 to submit the balance of the net amount of their winning bids. See, notice.

6:30 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Diversity Committee and Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Parul Desai at pdesai at mediaaccess dot org, Chris Fedeli at chrisfedeli at dwt dot com, or Tarah Grant at tsgrant at hhlaw dot com. Location: Oya Restaurant & Lounge, 777 9th St., NW.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to it Notice of Proposed Rulemaking (NPRM) regarding the Recommended Decision of the Federal-State Joint Board on Universal Service, released on November 20, 2007, regarding comprehensive reform of high cost universal service taxes and subsidies. The FCC adopted this NPRM on January 15, 2008, and released the text on January 29, 2008. It is FCC 08-02 in WC Docket No. 05-337 and CC Docket No. 96-45. See, original notice in the Federal Register, March 4, 2008, Vol. 73, No. 43, at Pages 11587-11591. See also, notice [PDF] of extension (DA 08-674).

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding the use of reverse auctions to determine the amount of high cost universal service subsidies provided to eligible telecommunications carriers serving rural, insular, and high cost areas. The FCC adopted this NPRM on January 9, 2008, and released the text on January 29, 2008. It is FCC 08-05 in WC Docket No. 05-337 and CC Docket No. 96-45. See, original notice in the Federal Register, March 4, 2008, Vol. 73, No. 43, at Pages 11591-11602. See also, notice [PDF] of extension (DA 08-674).

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding the FCC's rules governing the amount of high cost universal service subsidies provided to competitive eligible telecommunications carriers (ETCs). This NPRM also tentatively concludes that the FCC should eliminate the existing identical support rule, which is also known as the equal support rule. The FCC adopted this NPRM on January 9, 2008, and released the text on January 29, 2008. It is FCC 08-04 in WC Docket No. 05-337 and CC Docket No. 96-45. See, original notice in the Federal Register, March 4, 2008, Vol. 73, No. 43, at Pages 11580-11587. See also, notice [PDF] of extension (DA 08-674).

Friday, April 18

Rep. Hoyer's schedule for week of April 14 states that "no votes are expected in the House".

12:30 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host an event titled "Tour of T-Mobile Wireless Switch Office". See, registration form [PDF]. This event is free. Registration required; limit of 15. Location: T-Mobile wireless switching office, 12050 Baltimore Ave., Beltsville, MD.

5:00 PM. Deadline to submit to the National Telecommunications and Information Administration (NTIA) applications for a grant for the Pan-Pacific Education and Communications Experiments by Satellite (PEACESAT) Program. See, notice in the Federal Register, March 19, 2008, Vol. 73, No. 54, at Pages 14777-14780.

5:00 PM. Extended deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding SP 800-73-2, Part 1 [40 pages in PDF] titled "Interfaces for Personal Identity Verification -- Part 1: End-Point PIV Card Application Namespace, Data Model, and Representation", SP 800-73-2, Part 2 [28 pages in PDF] titled "Interfaces for Personal Identity Verification -- Part 2: End-Point PIV Card Application Card Command Interface", SP 800-73-2, Part 3 [19 pages in PDF] titled "Interfaces for Personal Identity Verification -- Part 3: End-Point PIV Client Application Programming Interface", and SP 800-73-2, Part 4 [16 pages in PDF] titled "Interfaces for Personal Identity Verification -- Part 4: The PIV Transitional Interface and Data Model Specification".

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the OUSTR's complaint to the World Trade Organization (WTO) regarding the People's Republic of China's (PRC) WTO restrictions on financial information services and financial information suppliers. See, notice in the Federal Register, March 24, 2008, Vol. 73, No. 57, at Pages 15544-15545.

Saturday, April 19

Passover begins at sundown.

Monday, April 21

Day one of a three day conference hosted by the Wireless Communications Association International (WCAI) titled "WCAI 2008: Capitalizing on the 4G/WiMax Eco-System". Location: Grand Hyatt Hotel, 1000 H St., NW.

TIME? Day one of a two day invitation only conference hosted by the Business Software Alliance (BSA) titled "BSA High-Tech General Counsel Forum". See, notice. Location?

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding interference protection rights for LPFM stations. The FCC adopted this item on November 27, 2007, and released the text on December 11, 2007. It is FCC 07-204 in MB Docket No. 99-25. See, notice in the Federal Register, March 6, 2008, Vol. 73, No. 45, at Pages 12061-12065, and Public Notice [PDF] (DA 08-531).

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding expanding the local number portability (LNP) requirements and numbering related rules, including compliance with N11 code assignments, to interconnected voice over internet protocol (VOIP) providers. The FCC adopted this NPRM on October 31, 2007, and released the text on November 8, 2007. See, story titled "FCC Extends LNP Requirements to Interconnected VOIP" in TLJ Daily E-Mail Alert No. 1,668, November 2, 2007. This NPRM is FCC 07-188 in WC Docket Nos. 07-243 and 07-244. See, notice in the Federal Register, February 21, 2008, Vol. 73, No. 35, at Pages 9507-9515.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) in response to its notice of proposed rulemaking regarding its Technology Innovation Program (TIP). See, notice in the Federal Register, March 7, 2008, Vol. 73, No. 46, at Pages 12305-12312.

Tuesday, April 22

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

Day two of a three day conference hosted by the Wireless Communications Association International (WCAI) titled "WCAI 2008: Capitalizing on the 4G/WiMax Eco-System" . Location: Grand Hyatt Hotel, 1000 H St., NW.

TIME? Day two of a two day invitation only conference hosted by the Business Software Alliance (BSA) titled "BSA High-Tech General Counsel Forum". See, notice. Location?

Wednesday, April 23

9:00 AM. Day one of a two day partially closed meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee. The agenda for April 23, 2008, includes "Atomic Layer Deposition and Cluster Tools" (ALD) and "Equipment Performing Analog-to-Digital Conversions". See, notice in the Federal Register, April 8, 2008, Vol. 73, No. 68, at Pages 19049-19050. This notice does define or explain "Atomic Layer Deposition" (ALD). It is a chemical process for creating thin layers of film, as thin as one atom, on, among other things, semiconductors. Nor does the notice discuss uses of ALD by Intel, AMD, or other semiconductor manufacturers. See, Intel paper that references ALD. Location: Room 3884, DOC, 14th St. between Constitution and Pennsylvania Ave., NW.

RESCHEDULED FROM APRIL 16. 10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "National Security Letters: The Need for Greater Accountability and Oversight". The witnesses will be James Baker (former Counsel for Intelligence Policy, Department of Justice), Gregory Nojeim (Center for Democracy and Technology), and Michael Woods (former Chief, National Security Law Unit, Office of the General Counsel, FBI). Location: Room 226, Dirksen Building.

12:00 NOON. The Cato Institute will host a book event. The speakers will be Eric Lichtblau, author of Bush’s Law: The Remaking of American Justice [Amazon], and Timothy Lynch (Cato). On December 16, 2005, the New York Times published a story by James Risen and Lichtblau titled "Bush Lets U.S. Spy on Callers Without Courts", which disclosed a federal surveillance operation involving warrantless intercepts. See also, story titled "Bush, Gonzales & Hayden Discuss Presidential Intercepts and PATRIOT Act" in TLJ Daily E-Mail Alert No. 1,276, December 20, 2005. Lunch will be served after the program. And see, NYT's listing of articles by Lichtblau. See, notice and registration page. This event will be webcast by Cato. Location: Cato, 1000 Pennsylvania Ave., NW.

DATE AND TIME CHANGE. 2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Phantom Traffic". The SCC notice states that this hearing "will examine concerns regarding traffic over telephone networks that is sent without identifying information used for intercarrier billing purposes". Location Room 253, Russell Building.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) HLS/Emergency Communications and Privacy and Data Security Committees will host an event titled "Issues Arising When Privacy and National Security Concerns Collide". The event qualifies for continuing legal education (CLE) credits. Prices vary. See, notice and registration page. Registrations and cancellations are due by 5:00 PM on April 21. Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

Day three of a three day conference hosted by the Wireless Communications Association International (WCAI) titled "WCAI 2008: Capitalizing on the 4G/WiMax Eco-System". Location: Grand Hyatt Hotel, 1000 H St., NW.

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