|Obama Names Kundra
Chief Information Officer
3/5. President Obama named Vivek Kundra to be Federal Chief Information
Officer (CIO). He was previously Chief Technology Officer (CTO) for the
District of Columbia. See, White House news office
This is a newly created position. In addition, he will serve in the
Office of Management and Budget
(OMB) as e-government administrator.
Obama has stated that there will also be a federal CTO. Although, he has
not yet named one.
Kundra spoke with reporters in a conference call on March 5. He
said that the CTO "will be named in due time by the
He said that the government needs to rethink "the way the private
sector interacts with the government". He advocated "open,
transparent, participatory, collaborative government".
He also said the the federal government needs to "embrace new
He said that the federal government will look into the use of cloud
computing, including its "security implications".
He also said that the federal government "will publish data feeds". He
elaborated that this would be things like the National Institute of Health's (NIH)
release of human genome project data online, and geospatial satellite data.
He was asked how the government would receive input, as opposed to publishing
information, so that people are not "writing emails into a void". Kundra made
vague references to the Facebook self-organization model, and "two way
interaction" between government and citizens.
The White House news office release states that "The Federal Chief
Information Officer directs the policy and strategic planning of federal
information technology investments and is responsible for oversight of federal
technology spending. The Federal CIO establishes and oversees enterprise
architecture to ensure system interoperability and information sharing and
ensure information security and privacy across the federal government. The CIO
will also work closely with the Chief Technology Officer to advance the
President's technology agenda."
Ken Wasch, head of the Software
and Information Industry Association (SIIA), stated in a
release that "Vivek is a great choice who will carry out the incoming
administration's plan to use cutting-edge technologies in our public sector to
bring government into the 21st Century."
|OMB Releases Annual
3/1. The Office of Management
and Budget (OMB) released a
report [125 pages in PDF] titled "Fiscal Year 2008 Report to
Congress on Implementation of The Federal Information Security Management
Act of 2002".
This report states that it provides information about the federal
government's "performance against key security and privacy performance
measures" for FY 2002 through FY 2008, and the OMB's "assessment
of government-wide IT security strengths and weaknesses" and a
"plan of action to improve performance".
It finds that "Over the past year, most of the 25 major Federal
agencies made incremental progress in closing the Federal government’s
IT security performance gaps against established performance
However, this report gives the Department of Defense (DOD) a
"Failing" grade on both "Quality of Certification and
Accreditation Process" and "Quality of Privacy Impact Assessment
This annual report is required by the Federal Information Security
Management Act of 2002, which was enacted in the 107th Congress as part of
HR 2458, the "E-Government Act of 2002". The E-Gov Act
is now Public Law No. 107-347. It is codified at
44 U.S.C. § 3501 note.
Announces Review of Cyber and Communications
3/2. The White House news office released a short and vaguely worded
statement of John Brennan, Assistant to the President for Homeland
Security and Counterterrorism, regarding the Obama administration's plans
related to cyber and communications security.
Brennan disclosed in this statement that "the National Security
Council and Homeland Security Council are presently conducting a 60-day
review", to be completed "by the end of April", to formulate
"a new vision", an "action plan",
and a "strategic framework".
He stated that one set of goals is to "deter, prevent, detect, defend
against, respond to, and remediate disruptions and damage to U.S. communications
and information infrastructure".
He acknowledged that facilities involved are "largely privately-owned".
Brennan's statement does not identify what it is that the government is
contemplating. However, Brennan said that "respect for the rule of law" will be
integrated and harmonized with government objectives.
The statement does not disclose whether the administration contemplates
imposing requirements or promulgating regulations that would include government
mandates, or alter intellectual property or other proprietary rights.
This statement does not disclose who will be involved in the review process.
It states that there is a "review team", but does not disclose any of its
members or staff.
However, the Office of
Management and Budget's (OMB) annual FISMA report, states that
"OMB will be participating in this review." See, related story in
this issue titled "OMB Releases Annual FISMA Report".
The statement does not disclose whether there will be any public or
closed hearings, roundtables, or other events. It does not disclose any
deadlines for submitting comments, information or communications. It does
not disclose to whom comments, information, or communications should be
TLJ has requested, but not received, further information regarding this
review from the White House news office.
Mark Bohannon, General Counsel and SVP for Public Policy of the
Software and Information Industry Association
(SIIA), told TLJ that "This is an important step. We welcome it."
"We think that cyber security is a tier one national security and economic
security issue." Bohannon added that "we are pleased that this was seen as a
priority issue early on".
Bohannon also stated that there should be an "opportunity to comment" and
that this should be a "strong public private partnership".
Publishes Webcaster Agreements
3/3. The Copyright Office (CO)
published a notice
in the Federal Register that announces, describes, and attaches, three
agreements that "set rates and terms for the reproduction and performance of
sound recordings made by certain specified webcasters, under two statutory
The CO added that "Webcasters who meet the eligibility requirements
may choose to operate under the statutory licenses in accordance with the
rates and terms set forth in the agreements published herein rather than
the rates and terms of any determination by the Copyright Royalty
These three items are (1) Agreement made between SoundExchange and CPB,
(2) Agreement made between SoundExchange and NAB, and (3) Agreement made
between SoundExchange and Small Webcasters.
See, Federal Register, March 3, 2009, Vol. 74, No. 40, at Pages
The 110th Congress passed HR 7084
the "Webcaster Settlement Act of 2008", also known as the WSA. It
is now Public Law No. 110-435. It amended those portions of
17 U.S.C. § 114 that pertain to webcasting, and authorized the negotiation of agreements on behalf of webcasters.
|FTC Invokes FTC Act,
Not Sherman Act, to Stop Information Exchanges by Music
3/4. The Federal Trade Commission (FTC)
Agreement Containing Consent Order to Cease and Desist [4 pages in PDF]
Decision and Order [12 pages in PDF] in its administrative proceeding
titled "In the Matter of National Association of Music
The FTC filed an administrative
complaint [2 pages in PDF] that alleges violation of the FTC Act in
connection with the alleged exchange of retail price information by
National Association of Music Merchants
Specifically, the complaint alleges violation of Section 5 of the FTC
Act, which is codified at
15 U.S.C. § 45. The complaint does not allege violation of the Sherman Act,
which is codified at 15 U.S.C. §1, et seq.
Section 5 provides in part that "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices
in or affecting commerce, are hereby declared unlawful." This is the FTC's
primary statute for protecting consumers against fraudulent business practices.
The Sherman Act and Clayton Act are the primary federal antitrust statutes.
The complaint does not allege that there were any anti-competitive
agreements, collusion or price fixing.
Pursuant to this Agreement and this Order, the NAMM "shall cease
and desist from ... Urging, encouraging, advocating, suggesting,
coordinating, participating in, or facilitating in any manner the exchange
of information between or among Musical Product Manufacturers or Musical
Product Dealers relating to ... the retail price of Musical Products
The NAMM admitted no wrongdoing. There is no fine or other financial
transaction associated with this settlement. However, the order requires
the NAMM to spend more money on antitrust lawyers.
David Wales, acting Director of the FTC's Bureau of Competition, stated
in a release that
"Trade associations properly provide many services for their members,
but enabling competing sellers to work together to coordinate higher prices
for their products is not a legitimate function".
The NAMM stated in a
release that "Rather than pursuing costly and time-consuming
litigation on this matter, we are choosing to put it behind us so that NAMM
can concentrate on our primary mission of strengthening the global music
products industry and increasing active participation in music
3/5. The Senate Judiciary
Committee (SJC) approved the nominations of Elena Kagan to be
Solicitor General (by a vote of 13-3), Thomas Perrelli to be
Associate Attorney General (by a vote of 17-1), and David Kris to be
Assistant Attorney General in charge of the National Security Division (by
a voice vote). On February 26, the SJC approved the nomination of David
Ogden to be the Deputy Attorney General. All four await confirmation by
the full Senate.
3/3. President Obama announced his intent to nominate Craig Fugate to be
Administrator of the Department of Homeland Security's (DHS)
Emergency Management Agency (FEMA). Janet Napolitano, the Secretary of Homeland
Security, named Jason McNamara Chief of Staff of the FEMA. See, DHS
3/4. James Brigagliano was named Deputy Director of the
Securities and Exchange Commission's (SEC)
Division of Trading and Markets. See, SEC
John Johnson was named President of
Matthew Milner was named a Vice President. Both previously worked
for NERA Economic Consulting.
Sidak remains Chairman. See, Criterion
3/3. The Federal Communications Commission (FCC) adopted and released a
Public Notice [PDF] regarding the government's efforts to plan consumers',
broadcasters' and equipment manufacturers' transition to digital television.
This item is FCC 09-15.
3/2. The U.S. Patent and Trademark Office
(USPTO), which now administers the National Medal of Technology and
Innovation program, announced that May 29, 2009, is the deadline to submit
nominations for the next round of awards. The USPTO also announced that it seeks
nominations for four vacancies on its National Medal of Technology and
Innovation Nomination Evaluation Committee. See, USPTO
This issue contains the following items:
• Obama Names Kundra Chief Information Officer
• OMB Releases Annual FISMA Report
• Obama Administration Announces Review
of Cyber and Communications Security
• Copyright Office Publishes Webcaster Agreements
• FTC Invokes FTC Act, Not Sherman Act, to Stop Information Exchanges
by Music Merchants
• People and Appointments (SJC clears Ogden, Kagan, Kris &
Perrelli; Fugate picked for FEMA)
|Washington Tech Calendar
New items are highlighted in red.
The House will meet at
10:00 AM for legislative business. The agenda includes
consideration of several non-technology related items. See, Rep. Hoyer's
schedule for the week of March 2, and
schedule for March 5.
The Senate will meet at 9:30 AM. It will
resume consideration of HR 1105
the "Omnibus Appropriations Act, 2009".
9:30 - 11:00 AM. The
Information Technology and Innovation
Foundation (ITIF) will host an event titled "The Need for
Speed: The Importance of Next-Generation Broadband Networks".
Location: ITIF, Suite 200, 1250 Eye St., NW.
10:00 AM. The
Senate Judiciary Committee
(SJC) may hold an executive business meeting. The agenda includes
consideration of the nominations of Elena Kagan to be Solicitor
General, Thomas Perrelli to be Associate Attorney General, and David
Kris to be Assistant Attorney General in charge of the National Security
Division. The SJC rarely follows its published agendas. The SJC will webcast this
notice. Location: Room 226, Dirksen Building.
10:00 AM. The
House Appropriations Committee's
(HAC) Subcommittee on Commerce, Justice, and Science will hold a hearing
titled "Science Education". Location: Room 2359, Rayburn Building.
2:00 PM. The
House Appropriations Committee's
(HAC) Subcommittee on Commerce, Justice, and Science will hold a hearing. The
witness will be Norm Augustine. Location: Room H-309, Rayburn Building.
3:00 PM. The
Senate Finance Committee (SFC) will hold a hearing on the nomination of
Ron Kirk to be head of the Office of the
U.S. Trade Representative (OUSTR). See,
Location: Room 215, Dirksen Building.
The Federal Communications Commission (FCC) will hold
an event titled "Open Meeting". Location: FCC, Commission
Meeting Room (Room TW-C305), 445 12th St., SW.
schedule for the week of March 2 states that the House will meet at 9:00
AM for legislative business.
10:00 AM. The U.S.
Court of Appeals (FedCir), Panel I, will hear oral argument in
Digital Impact v. Bigfoot Interactive, App. Ct. No.
2008-1255, a patent case regarding e-mail distribution technology. See,
Federal Circuit oral argument
March, 2009. Location: Courtroom 201, 717 Madison Place, NW.
Daylight savings time begins.
Deadline to submit to the
U.S. Patent and Trademark Office
(USPTO) nominations of individuals to serve on the National Medal of
Technology and Innovation Nomination Evaluation Committee. See,
the Federal Register, January 8, 2009, Vol. 74, No. 5, at Pages
Deadline to submit initial comments to the Federal
Communications Commission's (FCC) Media Bureau in response to the
petitions for declaratory rulings of the Alliance for Community Media
(ACM) and others regarding carriage of public, educational and
governmental (PEG) channels. See,
order [PDF] setting deadlines.
Deadline to submit comments to the
Federal Trade Commission (FTC) regarding the
proposed settlement agreement between the FTC and Genica Corporation and
notice in the Federal Register, February 10, 2009, Vol. 74, No. 26, at
Pages 6627-6629. See, also story titled "FTC Brings and Settles Administrative
Action Against Hacked Online Retailers" in TLJ Daily E-Mail Alert No. 1,893,
February 6, 2009.
Deadline to submit reply comments to the Federal Communications Commission
(FCC) regarding the October 8, 2008,
Petition for Rulemaking [18 pages in PDF] submitted by the
CTIA regarding transitioning certain
cellular licensing rules to a geographic market area based licensing
system. See, FCC's Public Notice numbered DA 09-5, and
notice in the
Federal Register, January 22, 2009, Vol. 74, No. 13, at Pages 4036-4037. This
proceeding is RM No. 11510.
8:00 - 10:00 AM. The BroadbandCensus dot com [http colon
slash slash broadbandcensus dot com] will host a breakfast event titled
"Broadband Competition: Do We Have It, and How Do We Get More of
It?" The speakers will include Kathleen Ham (T-Mobile USA), Brent
Olson (AT&T), Emmett O'Keefe (Amazon),
Brodsky (Public Knowledge), and
Wallsten (Technology Policy Institute). 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
9:00 AM. The
Bureau of Industry and Security's (BIS) Regulations and Procedures
Technical Advisory Committee will meet. See,
the Federal Register, February 23, 2009, Vol. 74, No. 34, at Page 8053.
Location: Room 4830, Hoover Building, 14th Street between Constitution
and Pennsylvania Aves., NW.
10:00 AM. The
House Judiciary Committee
(HJC) will hold a hearing on HR 848
the "Performance Rights Act". See,
The HJC will webcast this hearing. See also, story titled
"Performance Rights Act Reintroduced" in TLJ Daily E-Mail Alert
No. 1,896, February 10, 2009. Location: Room 2141, Rayburn
10:00 AM. The
Senate Judiciary Committee (SJC) will hold a hearing titled
"Patent Reform in the 111th Congress: Legislation and Recent
Court Decisions". See,
notice. The SJC will webcast this event. Location: Room 226, Dirksen
10:00 - 11:30 AM. The Department
of Commerce's (DOC) National
Telecommunications and Information Administration (NTIA), the
Department of Agriculture's (DOA) Office of Rural Development, and the
Federal Communications Commission (FCC) will hold a public meeting
regarding the broadband subsidy programs created by HR 1
"American Recovery and Reinvestment Act of 2009", Public Law No. 111-5. See,
notice in the
Federal Register, February 27, 2009, Vol. 74, No. 38, at Pages 8914-8915.
Location: auditorium, DOC, 1401 Constitution Ave., NW.
12:00 NOON - 3:00 PM. The
Technology Policy Institute
(TPI) will host an event titled "High-Skilled Immigration: Budgetary and
Economic Effects". The lunch speaker will be Rep. Zoe Lofgren (D-CA).
There will be a panel discussion with Stuart Anderson (National Foundation for
American Policy), Robert Atkinson (Information Technology and Innovation
Foundation), Arlene Holen (TPI), Vin O'Neill (IEEE-USA), and Thomas Lenard (TPI).
Location: Holeman Lounge, National Press Club,
13th Floor, 529 14th St., NW.
Day one of a three day conference hosted by the
of Privacy Professionals titled "IAPP Privacy Summit
2009". Reporters' contact: Tammy Vigliotti at 207-351-1500
x106. See, conference web
site. Location: Washington Marriott Wardman Park, 2660 Woodley
12:00 NOON. Deadline to submit written comments to the
Office of the U.S. Trade Representative (OUSTR)
in connection with its March 4, 2009, hearing regarding its plans to initiate
negotiations on a Trans-Pacific Partnership free trade agreement with
Singapore, Chile, New Zealand, Brunei Darussalam, Australia, Peru and Vietnam.
See, notice in
the Federal Register, January 26, 2009, Vol. 74, No. 15, at Pages 4480-4482.
1:00 - 5:00 PM. The
National Institute of Standards and Technology's (NIST)
Office of Law Enforcement Standards
(OLES) will hold a meeting via the internet to bring Project 25 Compliance
Assessment Program stakeholders together to discuss what the process will be
to assess software based test tools for the Project 25 Compliance Assessment
Program. The deadline to register is March 4, 2009. See,
notice in the
Federal Register, February 17, 2009, Vol. 74, No. 30, at Pages 7397-7398.
2:00 PM. The
House Judiciary Committee's
(HJC) Subcommittee on Commercial and Administrative Law will hold a
hearing titled "Circuit City Unplugged: Why
Did Chapter 11 Fail To Save 34,000 Jobs?". See,
notice. The HJC will webcast this hearing. Location: Room 2141,
|About Tech Law
Tech Law Journal publishes a free access web site and
a subscription e-mail alert. The basic rate for a subscription
to the TLJ Daily E-Mail Alert is $250 per year for a single
recipient. There are discounts for subscribers with multiple
Free one month trial subscriptions are available. Also,
free subscriptions are available for journalists, federal
elected officials, and employees of the Congress, courts, and
executive branch. The TLJ web site is free access. However,
copies of the TLJ Daily E-Mail Alert are not published in the
web site until two months after writing.
For information about subscriptions, see
subscription information page.
Tech Law Journal now accepts credit card payments. See, TLJ
card payments page.
TLJ is published by
carney at techlawjournal dot com
P.O. Box 4851, Washington DC, 20008.
Copyright 1998-2009 David Carney. All rights reserved.