5/6. Charles Allen, Under Secretary for Intelligence and Analysis at the Department of Homeland Security (DHS), gave a speech in which he discussed terrorism and the internet.

Allen (at right) said that "we are facing a daunting network of adversaries who understand the power of information, and increasingly understand the power of the cyber realm".

He discussed attacks on information systems. However, he spoke more about Islamic terrorists' use of internet based communications.

Cyber Terrorism and HSPD 23. Regarding cyber terrorism, he said that "One of the most challenging threats that we must face, in my opinion, is cyber, that will take us to the next level in safeguarding federal information systems from hostile attacks -- whether they are state-directed or the work of non-state actors."

He continued that "The recently signed President's directive represents a game-changing approach that will take advantage of the capabilities of our intelligence collectors to prevent or minimize disruptions to our critical information infrastructure, thereby protecting the public, the economy, government services, and our national security."

Allen did not further identify this "directive". However, on or about January 8, 2008, President Bush may have signed a document titled "National Security Presidential Directive 54 / Homeland Security Presidential Directive 23" that created an initiative titled "Comprehensive National Cybersecurity Initiative" or "CNCI".

Neither Bush, the White House press office, nor other federal agencies announced this document or initiative at the time. Nor has it been released to the public since then. However, federal agencies, including the DHS, and others, have referenced it since.

See for example, letter of the Business Software Alliance (BSA) to Bush dated February 1, 2008.

The DHS stated in a release on April 8, 2008, that this document "formalized a series of continuous efforts designed to further safeguard Federal Government systems and reduce potential vulnerabilities, protect against intrusion attempts, and better anticipate future threats."

This DHS release also states that "efforts to protect our Federal network systems from cyber attacks remain a collaborative, government-wide effort".

However, the DHS release neither disclosed what "efforts" the government may be taking, nor what agencies are conducting those efforts. This release does reference the creation of an entity titled "National Cybersecurity Center to further our progress in addressing cyber threats and increasing cybersecurity efforts".

On May 1, 2008, Sen. Joe Lieberman (D-CT) and Sen. Susan Collins (R-ME) sent a letter to the DHS asking questions about this document and initiative. See, related story in this issue titled "Senators Request Information Regarding Federal Cybersecurity Initiative".

Previous related Presidential directives were disclosed to the public, or made available in unclassified versions. For example, on December 17, 2003, President Bush signed a directive titled "Homeland Security Presidential Directive/Hspd-7". It pertains to "Critical Infrastructure Identification, Prioritization, and Protection". It replaced former President Clinton's directive on this subject, titled "Presidential Decision Directive/NSC-63", and dated May 22, 1998. The Clinton directive is also know as "PDD 63". See, story titled "Bush Signs Critical Infrastructure Protection Directive" in TLJ Daily E-Mail Alert No. 802, December 18, 2003.

Allen also said in his May 6 speech that the "DHS also is prepared to consult with the private sector to assist US corporations to protect their networks."

Al Qa'ida's Use of Internet Communications. Allen also discussed al Qa'ida's use of the internet for communications. He said that "al Qa'ida has made significant and effective use of the internet to promote its unrelenting and violent ideology." He added that it "employs the internet to transmit globally its messages and the numbers of such messages have increased exponentially over the last 18 months."

"Al Qa'ida, moreover, which was on ``its back foot´´ in 2004 to 2007, has regained its equilibrium", said Allen. "Al Qa'ida's leadership has delivered over the past 12 months, an unprecedented number of audio and video messages and has increased its translation capability, diversity of subject matters, and media savvy to reach out to wider audiences globally. Its objective is to gain wide Muslim support, empathy, financing, and future recruits." (Internal quotation marks in original, without citation.)

He continued that "At the top of this sophisticated marketing machine, al Qa'ida leaders have carefully crafted and controlled their words. Al Sahab produces the audio or videotapes; the al-Fajr online media network plays the messages on numerous electronic platforms to include messages that download onto ``I-PODs´´ and similar electronic devices. The Global Islamic Media Front then translates, re-packages, and re-disseminates these messages onto numerous -- sometimes redundant -- websites with the capacity to regenerate any website if a government or private entity attempts to bring it down." (Internal quotation marks in original.)

"To help al Qa'ida target US citizens, several radical websites in the United States have re-packaged al Qa'ida statements with American vernacular and commentary intending to sway U.S. Muslims."

Finally, he said that "Al Qa'ida media themes throughout 2007 were consistent with previous messages of building unity in the Muslim community while instilling a sense of duty to support violence in defense of Islam. This consistent drumbeat of ``Muslim unity´´ could potentially resonate with some Muslims in the homeland who may already be pre-disposed to support extremist causes". (Internal quotation marks in original.)

5/1. Sen. Joe Lieberman (D-CT) and Sen. Susan Collins (R-ME) sent a letter to the Department of Homeland Security (DHS) asking questions about a nonpublic document titled "NSPD-54 / HSPD-23" and an initiative that it describes titled "Comprehensive National Cybersecurity Initiative".

President Bush, the DHS, and other government agencies have been secretive about this initiative. These two Senators seek more public information. Their letter also discloses some information about the initiative.

Sen. Lieberman (at right) and Sen. Collins are the Chairman and ranking Republican of the Senate Homeland Security and Government Affairs Committee (SHSGAC), which has oversight jurisdiction within the Senate with respect to the DHS.

The wrote that they are pleased that the DHS "is taking additional steps to secure federal computer networks", but want to know more about a Presidential directive titled "National Security Presidential Directive 54 / Homeland Security Presidential Directive 23" or "NSPD-54 / HSPD-23" and the DHS's role in the initiative titled "Comprehensive National Cybersecurity Initiative" or "CNCI".

They stated that "increased openness and information sharing with the Congress, the private sector, and the American public will aid in the eventual success of the initiative". Their letter propounds numerous interrogatories to be answered by the DHS. Notably, they did not ask questions about what roles, if any, other federal agencies, such as the National Security Agency (NSA), have in the CNCI. The SHSGAC does not have oversight jurisdiction with respect to agencies such as the NSA.

President Bush may have signed NSPD 54 / HSPD-23 on January 8, 2008. He has not released it to the public. Nor has he released a redacted version. It created the CNCI.

Release of NSPD-54 / HSPD-23. Sen. Lieberman and Sen. Collins stated that "this initiative is highly classified". They asked "how will you ensure that government officials and members of the private sector have the necessary information to carry out their respective roles in the initiative?"

They also asked "Are there plans to issue an unclassified version of HSPD-23 similar to President Clinton’s release of an unclassified version of PDD-63?"

See, directive titled "Presidential Decision Directive/NSC-63", and dated May 22, 1998. The Clinton directive is also know as "PDD 63".

CNCI, NCSC and Rod Beckstrom. Sen. Lieberman and Sen. Collins wrote that "on March 20th, you announced that Rod Beckstrom would be the Director of the new National Cyber Security Center (NCSC) within DHS. Prior to this announcement, committee staff had been instructed that the existence of the NCSC itself was classified."

Hence, they asked, "What is the role of the National Cyber Security Center?" They also asked for an "unclassified summary of the CNCI". And, they asked, "Under what authority was Mr. Beckstrom appointed and is he serving?"

Budget, Staff, Contractors and Procurement. President Bush's budget proposal for the DHS [64 pages in PDF] for Fiscal Year 2009, released in February, addresses, at pages 37-38, information security. However, it does not disclose the existence of NSPD-54 / HSPD-23 or the CNCI.

Sen. Lieberman and Sen. Collins asked about budget related issues. They wrote that the "DHS has requested substantial new resources for cyber security, and it is critical that the funds are spent carefully and appropriately. The Department has requested an additional $83 million dollars for the National Cyber Security Division (NCSD) for fiscal year 2009. Including the $115 million that was awarded for the initiative in the FY 2008 omnibus appropriations bill, this would be a nearly $200 million dollar increase, tripling the amount of money spent on cyber security in DHS since 2007."

They then asked budget related questions, particularly regarding recruitment of staff, use of contractors, and procurement.

Private Sector Assistance. Sen. Lieberman and Sen. Collins wrote that "Its our understanding that the private sector was not consulted before the CNCI was drafted and that very few members of the private sector have been briefed on CNCI to date".

They stated too that the "private sector controls the vast majority of our nation’s cyber infrastructure and is an important partner in our efforts to protect government systems".

The two Senators mention the existence of a "Project 12", that "will assemble a group of industry leaders to help the Department issue a report on how the government should work to protect the larger cyber infrastructure".

They asked questions regarding what the DHS is doing to benefit from the expertise of outside experts, and to obtain feedback from the private sector.

Privacy. Sen. Lieberman and Sen. Collins asked about the privacy implications of this initiative. They asked "How does this new policy comport with privacy and public comment requirements in existing statute, such as the E-Government Act (P.L. 107-347) and the Privacy Act (P.L. 93-579)?"

They also asked "How will you ensure that the privacy of Americans who access government websites and provide personally identifiable information through electronic means will be protected?"

Government Surveillance. Sen. Lieberman and Sen. Collins ask about the acquisition and aggregation of internet traffic to and from government networks, including the possibility that this would include the content of communications.

They also asked about plans to extend these government operations to "securing cyberspace outside of government systems".

They asked, "What are the goals for the NCSD for this year, beyond the protection of government networks, to ensure that cyber security is enhanced overall, and not just within government networks?"

They also asked about privacy implications. However, they did not ask about legal authority.

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The House will meet at 10:00 AM for legislative business. The House will consider non-technology related items. See, Rep. Hoyer's schedule for week of May 5, and schedule for May 7.

The Senate will meet at 9:30 AM. It will resume consideration of the motion to proceed to S 2284 [LOC | WW], the "Flood Insurance Reform and Modernization Act of 2007".

8:30 - 10:00 AM. The Democratic members of the House Intelligence Committee (HIC) will hold a closed meeting titled "FY09 Intelligence Authorization Mark-up Issues". Location: Room H-405, Capitol Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on judicial nominations, including Helene White (to be a Judge of the U.S. Court of Appeals for the 6th Circuit), Raymond Kethledge (6th Circuit), and Stephen Murphy (U.S.D.C., E.D. Michigan). See, SJC notice. See also, story titled "President Bush and Senate Democrats Reach Compromise on 6th Circuit Nominees" in TLJ Daily E-Mail Alert No. 1,747, April 15, 2008. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Jacobsen v. Katzer, App. Ct. No. 2008-1001, an appeal from the U.S. District Court (NDCal) in a patent and copyright case involving open source software and model trains. See, hyperlinks to District Court pleadings in Robert Jacobsen's web site titled "Java Model Railroad Interface" or "JMRI". See also, amicus brief of Creative Commons and others. Location: Courtroom 201, 717 Madison Place, NW.

11:00 AM - 1:00 PM. The House Science Committee (HSC) will meet to mark up HR 5940 [LOC | WW], the "National Nanotechnology Initiative Amendments Act of 2008". See, notice. Location: Room 2318, Rayburn Building.

12:00 NOON. The Cato Institute will host a panel discussion titled "The REAL ID Rebellion: Whither the National ID Law?". The speakers will be Mark Sanford (Governor of the state of South Carolina), Sen. Jon Tester (D-MT), and Jim Harper (Cato). The event will be webcast by the Cato. See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual Property (SCIIP) may meet to mark up HR 5889 [LOC | WW | PDF], the "Orphan Works Act of 2008". See, notice. Location: Room 2141, Rayburn Building.

2:00 PM. The House Small Business Committee's (HSBC) Subcommittee on Contracting and Technology will hold a hearing titled "The DTV Transition and Small Businesses: Small Firms Contributing to a Big Change". Location: Room 1539, Longworth Building.

Day two of a two day workshop hosted by the Federal Trade Commission (FTC) titled "Beyond Voice: Mapping the Mobile Marketplace". See, notice. Location: FTC Conference Center, 601 New Jersey Ave., NW.

8:30 AM - 5:30 PM. Day two of a two day conference hosted by the Information Technology Association of America (ITAA) titled "Defending Cyberspace 2008". At 9:15 AM, Greg Garcia, Assistant Secretary for Cyber Security and Communication, Department of Homeland Security (DHS), will speak. See, ITAA notice and conference web site. For more information, contact Jennifer Kerber at jkerber at itaa dot org. Location: Ronald Reagan International Trade Center.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Consumer & Governmental Affairs Bureau in response to its Public Notice regarding the request for clarification filed by Hawk Relay that internet protocol speech to speech (IPSTS) is a form of Telecommunications Relay Service (TRS). This item is DA 08-292 in CG Docket No. 08-15. See, notice in the Federal Register, April 7, 2008, Vol. 73, No. 67, at Page 18796.

The House will meet at 10:00 AM for legislative business. The House will consider non-technology related items. See, Rep. Hoyer's schedule for week of May 5.

9:00 AM - 12:00 NOON. The House Intelligence Committee (HIC) will hold a closed meeting to mark up the FY 2009 Intelligence Authorization bill. See, notice. Location: Room H-405, Capitol Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in CTIA v. FCC, App. Ct. No. 07-1475. Judges Sentelle, Randolph and Rogers will preside. Location: 333 Constitution Ave., NW.

9:30 AM - 1:15 PM. The DC Bar Association will host a program titled "Essential Checklist for Electronic Discovery". The speakers will be John Facciola (Magistrate Judge, U.S. District Court for the District of Columbia), Conrad Jacoby (efficientEDD), and Courtney Barton (LexisNexis Applied Discovery). This event qualifies for continuing legal education (CLE) credits. Prices vary from $80 to $115. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 2913 [LOC | WW], the "Shawn Bentley Orphan Works Act Of 2008", and S 1738 [LOC | WW], the "Combating Child Exploitation Act". S 2913 degrades the remedies available to copyright owners in civil actions for infringement of copyright. S 1738 would, among other things, provide for more Department of Justice (DOJ) regional computer forensic laboratories, and provide that "crimes against children" are predicate offenses for the issuance of wiretap orders to state law enforcement agencies. The agenda also includes consideration of the nomination of Steven Agee to be a Judge of the U.S. Court of Appeals (4thCir). See, notice. The SJC rarely follows its published agendas. Location: Room 226, Dirksen Building.

10:00 AM. The House Science Committee (HSC) will hold a hearing titled "Fulfilling the Potential of Women in Academic Science and Engineering Act of 2008". See, notice. Location: Room 2318, Rayburn Building.

12:00 NOON - 1:00 PM. The U.S. Chamber of Commerce and the National Bureau of Asian Research will host a lunch. The speaker will be Christopher Padilla, Under Secretary of Commerce for International Trade. He will discuss the People's Republic of China's innovation and standards setting policies. The US Chamber states that "Credentialed members of the media are invited to attend. Please RSVP to Media Relations at the Chamber of Commerce at 202-463-5682" or press at uschamber dot com. Location: US Chamber, 1615 H St., NW.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Diversity Committee and Young Lawyers' Committee will host an event titled "Mentoring Luncheon". For more information, contact Contact Andrea Barbarin at abarbarin at loctw dot com or 202-479-4844. The price to attend is $20.00. See, notice and online registration page. Location: Arnold & Porter, 10th floor, 555 12th St., NW.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in In Re Bilski, App. Ct. No. 07-1130, an appeal from the an appeal from the U.S. Patent and Trademark Office's (USPTO) Board of Patent Appeals and Interferences (BPAI), regarding patentable subject matter. See, story titled "Federal Circuit Receives Amicus Briefs Re Business Method Patents and Patentable Subject Matter" 1,743, April 8, 2008. Location: Courtroom 201, 717 Madison Place, NW.

Deadline to submit comments to the Department of Education (DOE) in response to its notice of proposed rulemaking regarding the Family Educational Rights and Privacy Act of 1974 (FERPA). See, notice in the Federal Register, March 24, 2008, Vol. 73, No. 57, at Pages 15573-15602.

Rep. Hoyer's schedule for week of May 5 states that "no votes are expected in the House".

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in In Re Sealed Case, App. Ct. No. 07-3132, and Steven Hatfill v. Baltimore Sun Company, App. Ct. No. 08-5049. Location: Courtroom 22 Annex, 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Praxair v. ATMI, App. Ct. No. 2007-1483, an appeal from the U.S. District Court (DDel) in patent infringement case involving the availability of injunctive relief in patent infringement cases following the Supreme Court's 2006, opinion [12 pages in PDF] in eBay v. MercExhange, which held that the traditional four factor framework that guides a court's decision whether to grant an injunction applies in patent cases. See also, story titled "Supreme Court Rules on Availability of Injunctive Relief in Patent Cases" in TLJ Daily E-Mail Alert No. 1,371, May 16, 2006. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Scanner Technologies v. ICOS Vision Systems, App. Ct. No. 2007-1399, an appeal from the U.S. District Court (SDNY) in a patent infringement case involving technology and processes to inspect electronic components. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Fargo Electronics v. Iris, App. Ct. No. 2007-1523, an appeal from the U.S. District Court (DMinn) in a patent infringement case involving identification card printing technology. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 1:30 PM. The DC Bar Association will host panel presentation titled "Patent Litigation in China and Japan". The speakers will be Kevin McCabe (Sterne Kessler Goldstein & Fox), Xiaoguang Cui (Beijing Sanyou Intellectual Property Agency, Ltd.), and Yasuhiro Ichiba (Judge, Tokyo District Court, Criminal Division). The price to attend ranges from $10 to $30. For more information, contact 202-626-3488. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

TIME? The U.S. Patent and Trademark Office's (USPTO) Patent Public Advisory Committee (TPAC) will meet. Location?

Mothers Day.

12:00 NOON - 1:00 PM. The Heritage Foundation will host a panel discussion titled "Winning the Global Talent War: H-1B Visa Reform". The speakers will be James Sherk (Heritage), William Beach (Heritage), Kelly Hunt (U.S. Chamber of Commerce), and George Fisherman (Chief Counsel, House Judiciary Committee's Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law ). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

TIME?. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet. The agenda may include advice for the U.S. government on the ITU World Telecommunication Standardization Assembly 2008 (WTSA 08), meetings of the Telecommunication Sector Advisory Group (TSAG), and group meetings on the International Telecommunication Regulations, cybersecurity, and other subjects. See, notice in the Federal Register, February 28, 2008, Vol. 73, No. 40, at Page 10854. Location?

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding information collection practices, and paperwork reduction, pursuant to the Paperwork Reduction Act of 1995. See, 44 U.S.C. § 3506(c)(2)(A) and notice in the Federal Register, March 12, 2008, Vol. 73, No. 49, at Pages 13211-13214.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding SP 800-116 [55 pages in PDF], titled "DRAFT A Recommendation for the Use of PIV Credentials in Physical Access Control Systems (PACS)".

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host a brown bag lunch titled "DTV Consumer Education Requirements: FCC Form 388 and Beyond". The speakers will be Eloise Gore (FCC) and Ann Bobeck (National Association of Broadcasters). Location: NAB, 1771 N St., NW.

9:30 AM. The Federal Communications Commission (FCC) may hold an event titled "Open Meeting". The agenda may include a Second Further Notice of Proposed Rulemaking related to the failed D Block component of Auction No. 73 (700 MHz auction), and a Fourth Memorandum Opinion and Order on narrowbanding. See, notice. Location: FCC, Commission Meeting Room, 445 12th St., SW.

RESCHEDULED FROM APRIL 21. 10:00 AM. The Securities and Exchange Commission (SEC) will meet. The agenda states that the SEC "will consider whether to propose amendments to provide for corporate financial statement information to be filed with the Commission in interactive data format, and a near- and long-term schedule therefor." See, notice of postponement. Location: SEC,  Room L-002, 100 F St., NE.