11/16. The U.S. Court of Appeals (11thCir) issued its opinion in US v. Harrison, affirming a conviction for trafficking in illicit Microsoft software labels, in violation of 18 U.S.C. § 2318.

The Court of Appeals held that the first sale doctrine does not provide a defense to trafficking in illicit labels. Had the Court ruled otherwise, Section 2318 would have been effectively nullified.

Microsoft packages its software with certificates of authenticity (COAs) that contain a 25 digit alphanumeric key that can be used to activate a Microsoft program.

Justin Harrison obtained stand alone COAs from various sources and sold them to others, enabling them to activate pirated copies of Microsoft’s programs.

Subsection 2318(a) provides, in part, that "Whoever, in any of the circumstances described in subsection (c), knowingly traffics in ... a counterfeit label or illicit label affixed to ... a copy of a computer program ... shall be fined under this title or imprisoned for not more than 5 years, or both".

This subsection also defines the term "illicit label" to mean "a genuine certificate, licensing document, registration card, or similar labeling component ... that is used by the copyright owner to verify that a ... a copy of a computer program ... is not counterfeit or infringing of any copyright" and "that is, without the authorization of the copyright owner ... distributed or intended for distribution not in connection with the copy, phonorecord, or work of visual art to which such labeling component was intended to be affixed by the respective copyright owner".

Then subsection 2318(c) lists as one of the prerequisite circumstances that "the counterfeit label or illicit label is affixed to, encloses, or accompanies, or is designed to be affixed to, enclose, or accompany ... a copy of a copyrighted computer program".

Harrison sought to evade criminal liability by asserting a first sale doctrine defense. 17 U.S.C. § 109(a) provides in part that "Notwithstanding the provisions of section 106(3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord."

§109 is in the Copyright Act, and limits the exclusive rights of copyright, which are enumerated in 17 U.S.C. § 106. §109 does not mention §2318. §2318 is in the criminal code, and does not mention §109.

The Court of Appeals concluded that "Harrison was not charged with copyright infringement. Congress could have easily incorporated the first-sale defense into § 2318, but chose not to. Nor would Congress choose to, for allowing a first-sale defense to a § 2318 prosecution would swallow the statutory scheme in its entirety. The statute targets the secondary market in authenticating labels; the first-sale doctrine eliminates restrictions on secondary markets. Therefore, to allow a first-sale defense would be to allow precisely the secondary market Congress intended to eliminate."

Hence, the Court of Appeals affirmed the conviction.

This case is U.S.A. v. Justine E. Harrison, U.S. Court of Appeals for the 11th Circuit, App. Ct. No. 07-13808, an appeal from the U.S. District Court for the Northern District of Georgia, D.C. No. 06-00311-CR-01-ODE-1.

7/18. The U.S. Court of Appeals (3rdCir) issued its en banc opinion [79 pages in PDF] in US v. Stevens, a First Amendment case involving sale of videos depicting animal violence.

Animal rights is not a technology related topic. However, this opinion contains a detailed legal analysis of the Constitutionality of statutory content based restrictions on videos and digital images. This analysis may be employed by other courts in a wide range of other cases.

Notably, the Court of Appeals rejected the government's argument that the courts should recognize that depictions of cruelty to animals are not Constitutionally protected speech.

Robert Stevens was indicted and convicted in the U.S. District Court (WDPenn) for violation of 18 U.S.C. § 48, in connection with his sale and distribution of videos depicting, among other things, pit bull dogs attacking domesticated farm animals. Stevens did not create the videos. Some were made as far back as the 1960s. He only sold and distributed them.

This statute provides, in part, that "Whoever knowingly creates, sells, or possesses a depiction of animal cruelty with the intention of placing that depiction in interstate or foreign commerce for commercial gain, shall be fined under this title or imprisoned not more than 5 years, or both".

It continues that "depiction of animal cruelty" means "any visual or auditory depiction, including any photograph, motion-picture film, video recording, electronic image, or sound recording of conduct in which a living animal is intentionally maimed, mutilated, tortured, wounded, or killed, if such conduct is illegal under Federal law or the law of the State ..."

The Supreme Court over many opinions has created a range of tests to be applied when considering constitutional challenges to restrictions of speech. The consequence is that governments have to justify their speech restrictions.

The government in this case sought to avoid this whole process by seeking a holding that speech that depicts cruelty to animals is not constitutional protected, and hence not even subject to the lowest standard of review.

The Court of Appeals wrote that the government "concedes that § 48 constitutes a content-based restriction on speech. Nonetheless, the Government argues that the type of speech regulated by § 48 falls outside First Amendment protection. By doing so, the Government asks us to create a new category of unprotected speech."

The Court of Appeals continued that "The Supreme Court has not recognized a new category of speech that is unprotected by the First Amendment in over twenty-five years", and this inferior court will not do so now.

The Court applied the strict scrutiny test, and found the statute wanting. He it held that "we will strike down 18 U.S.C. § 48 as constitutionally infirm because it constitutes an impermissible infringement on free speech".

This opinion does not affect federal or state statutes that prohibit acts of animal cruelty. It affects federal or state statutes that pertain to speech, includes videos, about animal cruelty.

Twenty five year ago the Supreme Court held that child pornography is not protected speech. See, 1982 opinion in New York v. Ferber, 458 U.S. 747. Other recognized categories of unprotected speech are fighting words, threats, speech that imminently incites illegal activity, and obscenity.

In 2002, the Supreme Court refused to recognize computer generated child pornography as a category of unprotected speech. See, opinion in Ashcroft v. Free Speech Coalition, 535 U.S. 234, and story titled "Supreme Court Upholds Speech Rights of Child Pornographers" in TLJ Daily E-Mail Alert No. 412, April 17, 2002.

The just released opinion was a 10-3 en banc opinion. Judge Smith wrote the opinion of the Court of Appeals, in which Judges Sirica, Sloviter, McKee, Rendell, Barry, Ambro, Chagares, Jordan, and Hardiman joined.

Judge Cowen wrote a dissent, in which Judges Fuentes and Fisher joined. See, pages 42-79.

Cowen argued for not recognizing this category as protected speech, noting the "large number of state statutes banning this conduct", the "minimal socially redeeming value" of this speech, and the policy goal of humane treatment of animals.

This case is U.S.A. v. Robert Stevens, U.S. Court of Appeals for the 3rd Circuit, App. Ct. No. 05-2497, an appeal from the U.S. District Court for the Western District of Pennsylvania, D.C. No. 04-cr-00051, Judge Alan Bloch presiding.

7/15. The Progress & Freedom Foundation (PFF) released a report [huge PDF file] titled "Media Metrics: The True State of the Modern Media Marketplace". The authors are the PFF's Adam Thierer and Grant Eskelsen.

They write that "much of the criticism leveled at the modern media marketplace is that it is based almost entirely on emotion, not evidence", and that "everybody has an axe to grind with the media for one reason or another".

The bulk of the report is devoted to listing, describing, and quantifying various media.

From this data, the authors conclude that "we live in a world of unprecedented media abundance that, not long ago, was only the stuff of science-fiction novels. We can increasingly obtain and consume whatever media we want, wherever and whenever we want. In this new environment, media -- taken as a whole -- is becoming hyperubiquitous; an all-consuming and tremendously pervasive presence in our daily lives."

"From the perspective of the individual citizen, therefore, things are getting better all the time. We have more media choice, more media competition, and more media diversity. Indeed, after evaluating the metrics and evidence presented in this report, an unmistakable conclusion emerges: To the extent there was ever a ``golden age´´ of media in America, we are living in it today."

They add that "increased competition and technological proliferation are placing an enormous strain on traditional media operations and business models."

But, they argue that part of the problem for many media is that they remain "subject to a wide variety of regulations -- ownership caps, market limitations, ``localism´´ requirements, and other ``public interest´´ mandates. These regulations limit the ability of media operators to respond to the rapidly changing market environment. If all market players were equally hobbled by regulation, perhaps this issue would be less problematic. But these rules are applied in a remarkably arbitrary fashion, with some sectors and firms (over-the-air broadcasters, in particular) being singled out for harsher regulatory treatment than others." (Parentheses in original.)

7/14. The Senate Appropriations Committee (SAC) approved without amendment S 3260 [LOC | WW], the "Financial Services and General Government Appropriations Act, 2009", on July 10, 2008.

Sen. Richard Durbin (D-IL) introduced the bill on July 14, 2008, and the SAC released the Senate Report No. 110-417 on that date.

Bill Summary. This bill contains appropriations for many agencies, including the Federal Communications Commission (FCC), Federal Trade Commission (FTC), Securities and Exchange Commission (SEC), and Department of the Treasury.

It also includes a one year extension of the exemption for the Universal Service Fund (USF) from the Antideficiency Act (ADA). It also contains a provision regarding the universal service subsidies and "single connection or primary line restrictions on universal service support payments".

It also includes appropriations for some other technology related programs, such as the Internal Revenue Service's (IRS) IT modernization program, the Electronic Government Fund, and the Electronic Records Archives.

It also includes appropriations for the federal judiciary and for Presidential offices.

It also includes a prohibition on federal agency monitoring of individuals' internet use.

FCC and Universal Service. The bill appropriates $341,875,000 for the FCC for FY 2009. However, the key FCC provisions in the bill relate to the Universal Service Antideficiency Temporary Suspension Act (USATSA), and the use of universal service subsidies for other than primary lines.

Section 501 of the bill provides that "Section 302 of the Universal Service Antideficiency Temporary Suspension Act is amended by striking `December 31, 2008´, each place it appears and inserting `December 31, 2009´."

The USATSA was originally enacted as Title III of HR 5419 (108th Congress). It provides that universal service funds collected pursuant to 47 U.S.C. § 254, and the universal service programs established pursuant to this section, are not subject to certain provisions of the Antideficiency Act. See, story titled "Bush Signs Telecom Bill" in TLJ Daily E-Mail Alert No. 1,045, December 28, 2004.

Section 502 of the bill provides that "None of the funds appropriated by this Act may be used by the Federal Communications Commission to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments."

Sen. Ted Stevens (R-AK) stated in a release that "This primary line restriction would adversely affect small businesses and consumers in rural parts of America, including my home state of Alaska ... A second phone line or fax is often critical to the success of small businesses.  I am pleased to see this provision included so that our universal service program will continue to improve the lives of rural Americans."

Section 503 of the bill provides that "Of the funds provided, not less than $3,000,000 shall be available to establish and administer a State Broadband Data and Development matching grants program for State-level broadband demand aggregation activities and creation of geographic inventory maps of broadband service to identify gaps in service and provide a baseline assessment of statewide broadband deployment."

FTC. The bill provides, in part, "For necessary expenses of the Federal Trade Commission ... $256,200,000, to remain available until expended ... Provided further, That, notwithstanding any other provision of law, not to exceed $168,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall be retained and used for necessary expenses in this appropriation: Provided further, That, notwithstanding any other provision of law, not to exceed $19,300,000 in offsetting collections derived from fees sufficient to implement and enforce the Telemarketing Sales Rule, promulgated under the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this account, and be retained and used for necessary expenses in this appropriation: Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2009, so as to result in a final fiscal year 2009 appropriation from the general fund estimated at not more than $68,900,000 ..."

SEC. The bill appropriates $938,000,000 for the SEC.

IRS Business Systems Modernization. The bill provides appropriations for the IRS, including its Business Systems Modernization program. For this program, the bill appropriates "$282,175,000, to remain available until September 30, 2011, for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including related Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109". The bill also places further restrictions on these funds.

See also, story titled "IRS Budget Proposal Decreases Funding for Business Systems Modernization Despite IG's Warning About Data Security and ID Theft" in TLJ Daily E-Mail Alert No. 1,749, April 17, 2008.

Electronic Government Fund. The bill provides "For necessary expenses in support of interagency projects that enable the Federal Government to expand its ability to conduct activities electronically, through the development and implementation of innovative uses of the Internet and other electronic methods, $1,000,000, to remain available until expended".

Electronic Records Archives. The bill provides "For necessary expenses in connection with the development of the electronic records archives, to include all direct project costs associated with research, analysis, design, development, and program management, $67,008,000, of which $45,795,000 shall remain available until September 30, 2010".

The bill further provides that "none of the multi-year funds may be obligated until the National Archives and Records Administration submits to the Committees on Appropriations, and such Committees approve, a plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11; (2) complies with the National Archives and Records Administration's enterprise architecture; (3) conforms with the National Archives and Records Administration's enterprise life cycle methodology; (4) is approved by the National Archives and Records Administration and the Office of Management and Budget; (5) has been reviewed by the Government Accountability Office; and (6) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government."

Internet Use Monitoring. Section 727 of the bill prohibits federal agencies from using appropriated funds to monitor certain internet use.

It provides, subject to enumerated exceptions, that "None of the funds made available in this or any other Act may be used by any Federal agency -- (1) to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any Federal Government Internet site of the agency; or (2) to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any nongovernmental Internet site."

The House will meet at 12:30 PM in pro forma session only. See, Rep. Hoyer's schedule for week of July 21.

The Senate will meet at 3:00 PM. It will resume consideration of the motion to proceed to S 3268 [LOC | WW], the "Stop Excessive Energy Speculation Act of 2008", a bill introduced to enable Senators to posture on gas prices.

8:30 AM - 5:00 PM. Day one of a three day conference hosted by the Department of Justice's (DOJ) National Institute of Justice (NIJ) titled "2008 NIJ Conference". At 8:30 AM Associate Attorney General Kevin O'Connor will deliver opening remarks. At 10:30 AM there will be a panel titled "Cell Phone Forensics: Catching the Bad Guys in the Age of Mobile Technology". See, agenda. Location: Marriott Crystal Gateway, 1700 Jefferson Davis Highway, Arlington, VA.

11:00 - 11:45 AM. Attorney General Michael Mukasey will give a speech. He will discuss the Supreme Court's June 12, 2008, opinion [PDF] in Boumediene v. Bush. Registration is closed. Location: American Enterprise Institute (AEI), 12th floor, 1150 17th St., NW.

3:00 PM. Deadline to submit applications for grants to the National Institute of Standards and Technology (NIST) for construction of research science buildings. See, notice in the Federal Register, May 27, 2008, Vol. 73, No. 102, at Pages 30380-30381.

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. Votes will be postponed until 6:30 PM. The House will consider numerous items under suspension of the rules, including HR 6362 [LOC | WW], an untitled bill to provide that Secretary of Commerce, in consultation with the Director of the U.S. Patent and Trademark Office (USPTO), shall appoint administrative patent judges and administrative trademark judges. See, Rep. Hoyer's schedule for week of July 21.

8:30 AM - 5:00 PM. Day two of a three day conference hosted by the Department of Justice's (DOJ) National Institute of Justice (NIJ) titled "2008 NIJ Conference". At 3:30 PM there will be a panel titled "Taking the Information Highway Beyond the Next Interchange", which will address use of the internet in community policing. See, agenda. Location: Marriott Crystal Gateway, 1700 Jefferson Davis Highway, Arlington, VA.

12:30 - 1:30 PM. The DC Bar Association will host a panel discussion titled "Will Orphan Works Finally Find a Home". The topic is HR 5889 [LOC | WW], the "Orphan Works Act of 2008". The speakers will be Allan Adler (Association of American Publishers), Gigi Sohn ( Public Knowledge), Victor Perlman ( American Society of Media Photographers), Joe Keeley (Arent Fox), and Maria Pallante (Copyright Office). See also, Joe Keeley's web site OrphanWorks.net. The price to attend ranges from $20 to $30. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Issues in Telecommunications Competition". This hearing will also address HR 3914 [LOC | WW], the "Protecting Consumers through Proper Forbearance Procedures Act". The HCC will webcast this hearing. Location: Room 2123, Rayburn Building.

2:00 PM. The House Education and Labor Committee will hold a hearing titled "Innovation in Education through Business and Education STEM Partnerships". Location: Room 2175, Rayburn Building.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of July 21.

9:00 AM - 3:30 PM. Day three of a three day conference hosted by the Department of Justice's (DOJ) National Institute of Justice (NIJ) titled "2008 NIJ Conference". At 10:45 AM there will be a panel titled "Verifying Identity with Technology". At 2:00 PM there will be a panel titled "New Tools to Stop Child Exploitation over the Internet". See, agenda. Location: Marriott Crystal Gateway, 1700 Jefferson Davis Highway, Arlington, VA.

9:00 AM. Day one of a two day meeting of the Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee. The agenda for July 23 includes "Computational Photography", "3B001 Commerce Control List Review", "Control Parameters for High-Performance Converters", and a "Discussion of Wassenaar Proposals for 2009". 3B001 relates to equipment for the manufacturing of semiconductor devices or materials, and specially designed components and accessories therefor. See, Category 3.B of the export administration regulations. The July 23 portion of the meeting is open to the public. See, notice in the Federal Register, July 7, 2008, Vol. 73, No. 130, at Pages 38395-38396. Location: Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Aves. NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Courting Big Business: The Supreme Court's Recent Decisions on Corporate Misconduct and Laws Regulating Corporations". A SJC notice lists two opinions to be addressed at this hearing: Exxon Shipping v. Baker and Stoneridge Investment Partners  v. Scientific-Atlanta. See, January 15, 2008, opinion [33 pages in PDF] in Stoneridge, a securities fraud case involving stock in Charter Communications, a cable television provider, and the liability of secondary actors Scientific Atlanta and Motorola. This opinion limits the ability of class action law firms to sue vendors or purchasers of companies that are alleged to have committed securities fraud. See also, story titled "Supreme Court Rules in Stoneridge v. Scientific Atlanta" in TLJ Daily E-Mail Alert No. 1,701, January 16, 2008. The SJC will webcast this hearing. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 NOON. The House Intelligence Committee will hold a closed hearing titled "Cyber Security". Location: Room H-405, Capitol Building.

10:15 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Oversight of the U.S. Department of Justice". The HJC will webcast this hearing. Location: Room 2141, Rayburn Building.

12:00 NOON. The Cato Institute will host a panel discussion titled "The FBI Turns 100". The speakers will be John Fox (Historian, Federal Bureau of Investigation), Athan Theoharis (author of the book [Amazon] titled "The FBI & American Democracy"), John Kelly, author of the book [Amazon] titled "Tainting Evidence: Inside the Scandals at the FBI Lab", and Tim Lynch (Cato). See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

2:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing on several Department of Justice (DOJ) nominations, including that of Patrick Rowan to be Assistant Attorney General (AAG) in charge of the National Security Division. Rowan is currently the acting AAG. See, notice. Location: Room 226, Dirksen Building.

6:00 - 8:00 PM. The DC Bar Association will host an event titled "Young Lawyers' Summer Networking Event -- Famous Wine & Beer Trademark Cases". The speaker will be Roger Schechter (George Washington University law school). The price to attend is $15. For more information, contact 202-626-3463. See, notice. Location: Science Club, 1136 19th St., NW.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of July 21.

8:30 AM - 4:30 PM. Day one of a two day public workshop hosted by the Department of Homeland Security (DHS) titled "Implementing Privacy Protections in Government Data Mining". See, notice in the Federal Register, June 25, 2008, Vol. 73, No. 123, at Pages 36093-36094. Location: Hilton Washington, International Ballroom East, 1919 Connecticut Ave., NW.

9:00 AM. Day two of a two day meeting of the Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee. The July 24 portion of the meeting is closed to the public, and its agenda is not disclosed. See, notice in the Federal Register, July 7, 2008, Vol. 73, No. 130, at Pages 38395-38396. Location: Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Aves. NW.

10:00 AM. The House Ways and Means Committee's Subcommittee on Heath will hold a hearing titled "Promoting the Adoption and Use of Health Information Technology". See, notice. Location: Room 1001, Longworth Building.

12:00 - 2:00 PM. The DC Bar Association will host a program titled "The ABCs of IP: A Primer on Patent, Copyright, and Trademark Law". Janet Fries (Drinker Biddle & Reath) will review copyright law. Gary Krugman (Sughrue Mion) will review trademark law. Steven Warner (Fitzpatrick Cella Harper & Scinto) will review patent law. Maureen Browne (Heller Ehrman) will moderate. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

1:00 - 5:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) American Health Information Community Confidentiality, Privacy, & Security Workgroup will hold a meeting. See, notice in the Federal Register, June 20, 2008, Vol. 73, No. 120, at Page 35139. Location: Switzer Building, Conference Room 1114, 330 C St., SW.

The House will meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for week of July 21.

8:30 AM - 12:30 PM. Day one of a two day public workshop hosted by the Department of Homeland Security (DHS) titled "Implementing Privacy Protections in Government Data Mining". See, notice in the Federal Register, June 25, 2008, Vol. 73, No. 123, at Pages 36093-36094. Location: Hilton Washington, International Ballroom East, 1919 Connecticut Ave., NW.

10:00 AM - 12:00 NOON. The House Intelligence Committee's (HIC) Subcommittee on Oversight and Investigations will hold a closed hearing titled "Department of Justice Office of the Inspector General". Location: Room H-405, Capitol Building.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its further notice of proposed rule making (FNPRM) regarding service rules for licensed fixed and mobile services, including Advanced Wireless Services (AWS), in the 1915-1920 MHz, 1995-2000 MHz, 2155-2175 MHz, and 2175-2180 MHz bands. This FNPRM is FCC FCC 08-158 WT Docket Nos. 07-195 and 04-356. See, original notice in the Federal Register, June 25, 2008, Vol. 73, No. 123, at Pages 35995-36013, and notice of extension in the Federal Register, July 14, 2008, Vol. 73, No. 135, at Pages 40271-40272.

12:00 - 2:00 PM. The DC Bar Association will host a panel discussion titled "MySpace, Facebook, and the Workplace". The speakers will be Micah Salb (Lippman Semsker & Salb), Michael Songer (Crowell & Moring), Lily Garcia (Washington Post columnist), and Anne Donohue (SRA International, Inc.). The price to attend ranges from $20 to $30. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

7/16. The House amended and then passed by voice vote HR 5959 [LOC | WW], the "Intelligence Authorization Act for Fiscal Year 2009". The Senate has yet to approve the bill.

7/15. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law approved HR 3010 [LOC | WW], the "Arbitration Fairness Act of 2007". This bill would affect arbitration clauses in consumer contracts in the information and communications technology sectors. See also, story titled "House Judiciary Committee to Hold Hearing on Arbitration Fairness Act" in TLJ Daily E-Mail Alert No. 1,658, October 19, 2008.

7/10. The House Armed Services Committee (HASC) held a hearing regarding electromagnetic pulse attacks. William Graham, Chair of the Commission to Assess the Threat to the United States from Electromagnetic Pulse (EMP) Attack, wrote in his prepared testimony [PDF] that "A high-altitude electromagnetic pulse results from the detonation of a nuclear warhead at altitudes in the range of about 40 to 400 kilometers above the Earth’s surface. The immediate effects of EMP are disruption of, and damage to, electronic systems and electrical infrastructure. EMP is not reported in the scientific literature to have direct physiological effects on people." He concluded that "An EMP attack on the critical national infrastructures is a serious problem, but one that can be managed in an orderly way at reasonable cost. A serious national commitment to address the threat of an EMP attack can lead to a national posture that would significantly reduce the payoff for such an attack and allow the United States to recover from EMP, and from other threats, man-made and natural, to the critical national infrastructures. A failure to do so will not only leave the critical infrastructures necessary for our society to function at risk but will also place our ability reliably to conduct military operations in jeopardy." See also, opening statement of Rep. Ike Skelton (D-MO), Chairman of the HASC.

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