2/5. Rep. Joe Barton (R-TX), the ranking Republican on the House Commerce Committee (HCC), announced the Republican members of the HCC and its Subcommittees, and the ranking Republicans on each Subcommittee. See, release.

Rep. Henry Waxman (D-CA), the Chairman of the HCC, made a similar announcement for Democrats on January 8, 2009.

The majority of information technology and communications related bills are assigned to either the HCC or the House Judiciary Committee (HJC).

Rep. Rick Boucher (D-VA) (at left) is the Chairman of the HCC's Subcommittee on Communications, Technology and the Internet (SCTI). The SCTI, which was previously known as the Subcommittee on Telecommunications and the Internet, has jurisdiction over many categories of technology related bills, including amendments to the Communications Act.

Rep. Boucher has a long record of promoting legislation that would codify a fair use exemption to the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). He has successfully won HCC jurisdiction of such legislation in the past. (He might reintroduce this legislation when the sequential numbering of House bills reaches 1201.)

In contrast, the Chairman of the full HCC, Rep. Waxman, represents a Los Angeles area district that is home to many movie and record industry businesses and workers who are hostile to such legislative proposals.

Rep. Cliff Stearns (R-FL) (at right) is the ranking Republican on the SCTI.

The other Democratic members of the SCTI are Rep. Edward Markey (D-MA), Rep. Bart Gordon (D-TN), Rep. Bobby Rush (D-IL), Rep. Anna Eshoo (D-CA), Rep. Bart Stupak (D-MI), Rep. Diana DeGette (D-CO), Rep. Mike Doyle (D-PA), Rep. Jay Inslee (D-WA), Rep. Anthony Weiner (D-NY), Rep. G. K. Butterfield (D-NC), Rep. Charlie Melancon (D-LA), Rep. Baron Hill (D-IN), Rep. Doris Matsui (D-CA), Donna Christensen (Virgin Islands Delegate), Rep. Kathy Castor (D-FL), Rep. Christopher Murphy (D-CT), Rep. Zachary Space (D-OH), Rep. Jerry McNerney (D-CA), Rep. Peter Welch (D-VA), and Rep. John Dingell (D-MI).

The other Republican members of the SCTI are Rep. Fred Upton (R-MI), Rep. Nathan Deal (R-GA), Rep. John Shimkus (R-IL), Rep. John Shadegg (R-AZ), Rep. Roy Blunt (R-MO), Rep. Steve Buyer (R-IN), Rep. George Radanovich (R-CA), Rep. Mary Mack (R-CA), Rep. Greg Walden (R-OR), Rep. Lee Terry (R-NE), Rep. Mike Rogers (R-MI), and Rep. Marsha Blackburn R-TN).

Rep. Bobby Rush (D-IL) (at right) is the Chairman of the Subcommittee on Commerce, Trade and Consumer Protection, which has jurisdiction over certain consumer protection legislation, including bills that would regulate online privacy practices. He represents a district on the south side of Chicago, Illinois.

Rep. George Radanovich (R-CA) is the ranking Republican. He represents a California district in which agriculture is the most important industry.

Rep. Bart Stupak (D-MI) (at left) is the Chairman of the Subcommittee on Oversight and Investigations, which has jurisdiction over, among other matters, investigations into waste, fraud and mismanagement in the Federal Communications Commission's (FCC) e-rate program. He is a former law enforcement officer from far northern Michigan.

Rep. Greg Walden (R-OR) is the ranking Republican. He is a former broadcaster from Oregon.

Rep. Frank Pallone (D-NJ) is the Chairman of the Subcommittee on Health, which has jurisdiction over legislation related to health information privacy and digitization of health records. Rep. Nathan Deal (D-GA) is the ranking Republican.

Rep. Ed Markey (D-MA) is the Chairman of the Subcommittee on Energy and Environment. Rep. Fred Upton (R-MI) is the ranking Republican. Both are previous Chairmen of the Subcommittee on Telecommunications and the Internet.

2/4. On January 30, 2009, President Obama issued Executive Order No. 13497, which revokes President Bush's Executive Order No. 13422, regarding procedure at regulatory agencies for issuing guidance.

The revoked order is EO 13422, dated January 18, 2007. It was published in a notice in the Federal Register, January 23, 2007, Vol. 72, No. 14, at Pages 2763-2765.

Former Office of Management and Budget (OMB) Director Rob Portman issued a memorandum [18 pages in PDF] on April 25, 2007, titled "Implementation of Executive Order 13422 (amending Executive Order 12866) and the OMB Bulletin on Good Guidance Practices" that explains and implements EO 13422.

Rob Portman wrote that "The primary focus of EO 13422 ... is on improving the way the Federal government does business with respect to guidance documents -- by increasing their quality, transparency, accountability, and coordination. Guidance documents, used properly, can have important benefits. These include, for example, advising and assisting individuals, small businesses and other regulated entities in their compliance with agency regulations."

President Obama's order is EO 13497, dated January 30, 2009. It is also published in a notice in the Federal Register, February 4, 2009, Vol. 74, No. 22, at Page 6113.

It provides that "Executive Order 13258 of February 26, 2002, and Executive Order 13422 of January 18, 2007, concerning regulatory planning and review, which
amended Executive Order 12866 of September 30, 1993, are revoked."

It further provides that "The Director of the Office of Management and Budget and the heads of executive departments and agencies shall promptly rescind any orders, rules, regulations, guidelines, or policies implementing or enforcing Executive Order 13258 or Executive Order 13422, to the extent consistent with law.

Rep. Brad Miller (D-NC), the new Chairman of the House Science Committee's (HSC) Subcommittee on Investigations and Oversight (SIO), stated in a release on February 4, 2009, that under EO 13422, "political appointees would be able to dictate health and safety decisions at federal agencies out from behind closed doors, even if impartial scientific experts decided otherwise".

He also asserted that the EO was an "avenue for special interests to slow down and alter federal regulations prior to their publication".

The HSC/SIO held hearings on this issue on February 13, 2007 (see, HSC web page with hyperlinks to testimony and other documents) and on April 26, 2007 (see, HSC web page).

2/5. The Federal Trade Commission (FTC) published a notice in the Federal Register that announces the FTC schedule for the next ten years for reviewing all FTC rules and guides.

Many of these rules and guides are technology related. However, the schedule places reviews of almost all of the technology related items in the distant future.

During 2009 the FTC intends to review its "Guides for Private Vocational and Distance Education Schools".

In 2013, the FTC plans to review its Telemarketing Sales Rule (TSR), the Hart-Scott-Rodino Antitrust Improvements Act Coverage Rules, Exemption Rules, and Transmittal Rules.

In 2014, the FTC plans to review its Standards for Safeguarding Customer Information.

In 2015, the FTC plans to review its Contact Lens Rule, Rules Implementing the CAN-SPAM Act of 2003, and Fair Credit Reporting Act (FCRA) Rules.

In 2017, the FTC plans to review its Children's Online Privacy Protection Rule.

See, Federal Register, February 5, 2009, Vol. 74, No. 23, at Pages 6129-6131.

2/4. The Cato Institute released a paper [20 pages in PDF] titled "A Service to the Economy: Removing Barriers to Invisible Trade". The author is the Cato's Sallie James.

She argues that "increased trade in services is likely to benefit the United States, and fears about mass job losses are unfounded".

She writes that the US "should continue to press other nations, including developing countries, to open their markets to American service providers, while removing unwieldy restrictions at home."

Her paper addresses telecommunications. She states that the US "should continue to press its trade partners to lower their barriers to services imports, even if efforts so far have been frustrated. In December 2007, for example, the United States submitted a request on behalf of a number of mainly developed WTO members for increased access to the telecommunication markets of 22 other WTO members through the removal of national treatment and market access limitations and by broadening the definition of which services are covered under the ``telecommunications´´ heading. That request was rejected by the recipient members".

However, she argues that "the gains from an open telecommunications market may become self-evident and, in the end, prove too tempting to obstruct."

She concludes that "So long as global economic growth and trade and demand for services that support development and the functioning of markets continue, the future remains bright for American services firms in diverse fields such as telecommunications, logistics, express delivery, distribution, and finance."

James will moderate a panel discussion on Tuesday, February 10, 2009, at 12:00 NOON, at the Cato Institute titled "A Service to the Economy: The Importance of Free Trade in Services". The other speakers will be Bob Vastine (U.S. Coalition of Services Industries), Christine Bliss (Assistant U.S. Trade Representative for Services and Investment), and Aaditya Mattoo (World Bank). See, notice.

1/27. The U.S. Court of Appeals (9thCir) issued its opinion [31 pages in PDF] in USA v. SDI Future Health, a case regarding the circumstances under which corporate executives can challenge under the 4th Amendment a search of company premises.

This is not a wiretap or electronic surveillance case. However, the Court relied upon wiretap cases as precedent.

The Court of Appeals wrote that defendants must demonstrate a subjective expectation of privacy in the area searched, and their expectation must be one that society would recognize as objectively reasonable.

It continued that while there is a "nearly absolute protection of a residence", commercial places are less protected. It added that "Exclusive use of an office may be sufficient", but not necessary, for protection.

The Court concluded that "except in the case of a small, family-run business over which an individual exercises daily management and control, an individual challenging a search of workplace areas beyond his own internal office must generally show some personal connection to the places searched and the materials seized." The test is "the strength of such personal connection with reference to the following factors: (1) whether the item seized is personal property or otherwise kept in a private place separate from other work-related material; (2) whether the defendant had custody or immediate control of the item when officers seized it; and (3) whether the defendant took precautions on his own behalf to secure the place searched or things seized from any interference without his authorization." (Footnotes omitted.) "

"Absent such a personal connection or exclusive use, a defendant cannot establish standing for Fourth Amendment purposes to challenge the search of a workplace beyond his internal office."

This case is USA v. SDI Future Health, Inc., Todd Stuart Kaplan, and Jack Brunk, U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 07-10261, an appeal from the U.S. District Court for the District of Nevada, D.C. No. CR-05-00078-PMP, Judge Philip Pro presiding. Judge Diarmuid O'Scannlain wrote the opinion of the Court of Appeals, in which Judges Michael Hawkins and Margaret McKeown joined.

This issue contains the following items:
 • House Commerce Committee Republicans Announced
 • Obama Revokes EO 13422
 • FTC Announces 10 Year Plan for Reviewing Rules
 • Cato Paper Advocates Free Trade in Telecom and Other Services
 • 9th Circuit Considers Employee 4th Amendment Challenges to Search of Company Premises

The House will not meet. See, Rep. Hoyer's schedule for week of February 2.

Day two of a three day meeting of House Democrats titled "Democratic Issues Conference".

12:00 NOON - 1:00 PM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "Crafting an Effective Broadband Stimulus Package". The speakers will be Rob Atkinson (ITIF) and Debbie Goldman (Communications Workers of America). See, notice and registration page. Location: Room HC-6, Capitol Building.

12:15 - 1:30 PM. The Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "Broadband Investment in 2009". The speakers will be Craig Moffett (Sanford C. Bernstein & Co.) and Jessica Zufolo (Medley Global Advisors). See, registration page. Location: Harris Wiltshire & Grannis, 1200 18th St., NW.

Day three of a three day meeting of House Democrats titled "Democratic Issues Conference".

The House will meet at 2:00 PM for legislative business. Votes will be postponed until 6:30 PM.

9:00 AM - 4:30 PM. Day one of a five day meeting of the Federal Aviation Administration's (FAA) RTCA Special Committee 159: Global Positioning System. See, notice in the Federal Register, January 28, 2009, Vol. 74, No. 17, at Page 5024. Location: RTCA, Inc., Suite 805, 1828 L St., NW.

11:00 AM. Sen. Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee (SJC), will give a speech titled "Restoring Trust in the Justice System: The Senate Judiciary Committee's Agenda in the 111th Congress". A SJC notice states that "Reporters interested in attending the symposium must RSVP to Rachel Pugh" at 202-687-4328 or rmp47 at georgetown dot edu. Location: Georgetown University, Bunn Intercultural Center Auditorium, 37th & O Streets, NW.

11:00 AM - 12:00 NOON. The Heritage Foundation and the Border Trade Alliance will host an event titled "Facilitating Trade and Travel at America's Ports of Entry". The speakers will be Lurita Doan, Ron Reinas, and Ronald Utt (Heritage). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) Annual Seminar Committee will host a brown bag lunch for planning purposes. Location: Wilkinson Barker Knauer, 2300 N St., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Homeland Security / Emergency Communications Committee will host a brown bag lunch titled "Public Safety Issues to Watch in 2009". The speakers will be Brian Fontes (National Emergency Number Association) and Bob Gurss (Association of Public-Safety Communications Officials International). RSVP to Marianne Trana at 202-419-2476 or marianne dot trana at hklaw dot com. Location: Holland & Knight, 2099 Pennsylvania Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rule Making (2ndFNPRM) regarding rules to protect AM stations from the potential effects of nearby tower construction. The FCC adopted this 2ndFNPRM on September 24, 2008, and released the text [28 pages in PDF] on September 26, 2008. It is FCC 08-228 in MM Docket No. 93-177. See, notice in the Federal Register, December 11, 2008, Vol. 73, No. 239, at Pages 75376-75381.

Deadline to submit comments to the Federal Trade Commission (FTC) in advance of its event titled "Town Hall", regarding "Digital Rights Management Technologies", to be held on March 25, 2009, in Seattle, Washington. See, notice and online comment form and event web site.

8:00 - 10:00 AM. The BroadbandCensus dot com [http colon slash slash broadbandcensus dot com] will host a breakfast event titled "The Role of Wireless Frequencies in Widespread Broadband Deployment" The speakers will be John Kneuer, John Muleta (M2Z Networks), Steve Sharkey (Motorola), and Don Brittingham (Verizon). For more information, contact Drew Clark at drew at broadbandcensus dot com or 202-580-8196. Breakfast begins at 8:00 AM. The program begins at 8:40 AM. The price to attend these monthly events is $45. These events are open to the public. Location: Old Ebbitt Grill, 675 15th St., NW.

9:00 AM - 4:30 PM. Day two of a five day meeting of the Federal Aviation Administration's (FAA) RTCA Special Committee 159: Global Positioning System. See, notice in the Federal Register, January 28, 2009, Vol. 74, No. 17, at Page 5024. Location: RTCA, Inc., Suite 805, 1828 L St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Elena Kagan to be Solicitor General, and Thomas Perrelli to be Associate Attorney General. See, notice. Location: Room 226, Dirksen Building.

12:00 NOON. The Cato Institute will host a panel discussion titled "A Service to the Economy: The Importance of Free Trade in Services". The speakers will be Bob Vastine (U.S. Coalition of Services Industries), Christine Bliss (Assistant U.S. Trade Representative for Services and Investment), Aaditya Mattoo (World Bank), and Sallie James (Cato). The Cato Institute will webcast this event. Lunch will be served after the program. This event is free and open to the public. See notice. Location: Cato, 1000 Massachusetts Ave., NW.

12:15 PM - 1:30 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host a brown bag lunch titled "DTV Transition, Now or Later: Final Mechanics from Here to the End". See, notice and registration page. Location: National Association of Broadcasters, 1771 N St., NW.

2:30 - 4:30 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "Broadband's Role in the Economy and the Stimulus Package". The speakers will be Robert Hahn (AEI), Robert Crandall (Brookings Institution), Michael Katz (New York University), Robert Shapiro (Sonecon), and Gigi Sohn (Public Knowledge). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

Day one of a two day conference hosted by the Federal Trade Commission (FTC) titled "The Evolving IP Marketplace: Patent Remedies". See, release and agenda [PDF]. Location: FTC Conference Center, 601 New Jersey Ave., NW.

9:00 AM - 4:30 PM. Day three of a five day meeting of the Federal Aviation Administration's (FAA) RTCA Special Committee 159: Global Positioning System. See, notice in the Federal Register, January 28, 2009, Vol. 74, No. 17, at Page 5024. Location: RTCA, Inc., Suite 805, 1828 L St., NW.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "Electronic Waste: Investing in Research and Innovation to Reuse, Reduce, and Recycle". The witnesses will be Valerie Thomas (Georgia Institute of Technology), Jeff Omelchuck (Green Electronics Council), and Paul Anastas (Yale University). See, notice. For more information, contact 202-225-6375. The HSC will webcast this event. Location: Room 2318, Rayburn Building.

10:00 AM. Federal Communications Commission (FCC) Chairman Michael Copps will host an event titled "first news briefing with reporters covering the FCC". Location: FCC, 8th floor, conference room 1.

4:00 - 5:00 PM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "The Korean Strategy for Green Technology Development and Role of IT". The speakers will be Suk Joon Kim, President of the Korean Science and Technology Policy Institute (STEPI), and Jung Hyup, Senior Research at the STEPI. See, notice. Location: ITIF, Suite 200, 1250 Eye St., NW.

200th anniversary of the birth of former President Abraham Lincoln. (This is not a federal holiday.)

Day two of a two day conference hosted by the Federal Trade Commission (FTC) titled "The Evolving IP Marketplace: Patent Remedies". See, release and agenda [PDF]. Location: FTC Conference Center, 601 New Jersey Ave., NW.

9:00 AM - 4:30 PM. Day four of a five day meeting of the Federal Aviation Administration's (FAA) RTCA Special Committee 159: Global Positioning System. See, notice in the Federal Register, January 28, 2009, Vol. 74, No. 17, at Page 5024. Location: RTCA, Inc., Suite 805, 1828 L St., NW.

9:00 AM - 12:30 PM. The U.S. Patent and Trademark Office (USPTO) will hold a roundtable on regarding whether or not to adopt some form of deferred examination for patent applications. See, notice in the Federal Register, January 28, 2009, Vol. 74, No. 17, at Pages 4946-4947. Location: USPTO, Madison Auditorium, Madison Building, 600 Dulany St., Alexandria, VA.

Deadline to submit comments to the Federal Trade Commission (FTC) in response to its "Interim final rules with request for comment" regarding its administrative adjudications. See, notice in the Federal Register, January 13, 2009, Vol. 74, No. 8, at Pages 1803-1836. See also, story titled "FTC Writes Rules to Bolster Power of Antitrust Regulators" in TLJ Daily E-Mail Alert No. 1,882, January 13, 2008.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding application of the closed captioning rules to digital broadcasting, specifically to broadcasters that choose to use their digital allotment to multicast several streams of programming. The FCC adopted this item on November 3, 2008, and released the text [57 pages in PDF] on November 7, 2008. It is FCC 08-255 in CG Docket No. 05-231. See, notice in the Federal Register, January 13, 2009, Vol. 74, No. 8, at Pages 1654-1661.

9:00 AM - 4:30 PM. Day five of a five day meeting of the Federal Aviation Administration's (FAA) RTCA Special Committee 159: Global Positioning System. See, notice in the Federal Register, January 28, 2009, Vol. 74, No. 17, at Page 5024. Location: RTCA, Inc., Suite 805, 1828 L St., NW.

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