3/5. The Information Technology and Innovation Foundation (ITIF) released a report [38 pages in PDF] titled "The Need for Speed: The Importance of Next-Generation Broadband Networks". The authors are Robert Atkinson, Stephen Ezell, Daniel Castro, and George Ou.

This paper discusses the nature and importance of increasing broadband speeds, and offers policy recommendations for the just created broadband grants program, and for the long run.

It addresses the broadband spending provision of HR 1 [LOC | WW]. This is the huge spending bill enacted in February that appropriates $7.2 Billion to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) and the Department of Agriculture's Rural Utilities Service (RUS) for broadband grants. This paper states that $7.2 Billion is "relatively limited funds".

It argues that "the most effective use of these funds is to support the deployment of moderate speed broadband to homes or businesses in unserved areas", rather than "to subsidize higher speeds in areas where homes can already subscribe to broadband". They also suggested "moderate, as opposed to high speeds, since there is normally a tradeoff of coverage extent versus speed."

It continues that beyond implementation of these grants programs, "public policy needs to also focus on supporting faster broadband speeds for all Americans. Due to the positive network externalities that next-generation broadband Internet access bestows, proactive policy intervention is justified not just to extend broadband service to the Americans who lack it, but also to investments in networks, or parts of networks (e.g. fiber extensions), that support higher speeds." (Parentheses in original.)

The ITIF paper then offers three policy recommendations.

First, "extend financial incentives, such as accelerated depreciation or tax credits, for investments by broadband providers in faster networks."

Second, "communities seeking faster networks should if possible embrace public-private private partnerships with existing providers and not subsidize expensive ``overbuilding´´ projects when there is already an existing network in the community that can in almost all cases be upgraded to faster speeds more cheaply than building an entirely new network."

Third, "policymakers should continue to make adequate spectrum available to support next-generation wireless innovation."

It also argues that deploying next generation broadband networks will "create U.S. employment".

Also, it argues that "the time has come to develop a comprehensive strategy for the deployment of a ubiquitous next-generation broadband network in the United States."

This paper also addresses the importance of broadband. It states that "facilitating the widespread deployment of next-generation broadband Internet -- with download speeds of at least 20 megabits per second (Mbps), and ideally 50 Mbps or upwards, and upload speeds of 10 Mbps or greater -- will enable the emergence of a whole host of online applications and services ".

These next generation networks will enable "transformative new functionalities ", including "faster file transfers, streaming data such as video, and real-time collaboration tools -- will support a broad range of Web-based applications delivering tremendous benefits to consumers, educational institutions, businesses, society, and the economy."

The ITIF paper states that these next generation networks will increase the ability to telework, operate home based businesses, interact with others, receive high quality entertainment, interface with government, and manage health and household activities.

3/5. Kyle McSlarrow, head of the National Cable and Telecommunications Association (NCTA), sent a letter [PDF] to member of Congress regarding the broadband grants provisions of HR 1 [LOC | WW], the huge spending bill passed by the House and Senate on February 13, 2009, and signed by President Obama on February 17, 2009.

This bill includes the creation of a broadband grants programs, to be run by the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA). It appropriates $4.7 Billion for this program.

It also appropriates an additional $2.5 Billion for the Department of Agriculture's Rural Utilities Service (RUS) for "the cost of broadband loans and loan guarantees ... and grants".

However, the bill provides only vague criteria for these programs, leaving broad discretion in the implementation to the NTIA and RUS.

On Tuesday, March 10, 2009, the NTIA, RUS, and Federal Communications Commission (FCC) will host a joint event in the DOC's auditorium regarding these broadband grants. See, notice in the Federal Register, February 27, 2009, Vol. 74, No. 38, at Pages 8914-8915.

McSlarrow suggested in his letters that the broadband grant and loan programs created by HR 1 "should be structured around the following priorities:"

First, "Extending broadband facilities to unserved areas."

Second, "Supporting programs that enable underserved populations to acquire and to make effective use of broadband service where it is already available."

Third, "If funds remain, extending broadband facilities to underserved areas defined in terms of below-standard speed and other qualitative measures relative to today’s current generation broadband service."

He added that "grants and loans should be awarded on a competitively and technologically neutral basis so as not to upset the competitive marketplace, and should be awarded through a process that is transparent and coordinated with other agencies providing similar aid."

McSlarrow also commented that "even in areas where one or more providers offer broadband service, there can be other barriers to adoption -- affordability (despite the declining price-per-megabit and growing value of the service), the lack of a computer or other equipment needed to connect to the Internet, low levels of basic ``digital literacy´´, and the lack of perceived value in broadband services." (Parentheses in original.)

3/5. Sen. Charles Grassley (R-IA) sent a letter [PDF] to President Obama regarding Obama's prior statements of intent to renegotiate the North America Free Trade Agreement (NAFTA).

Sen. Grassley (at right) wrote that "I disagree with the idea of renegotiating the North American Free Trade Agreement. Prior to the implementation of this trade agreement, tariffs imposed by Mexico were significantly higher on average than the comparable tariffs that we imposed on imports from Mexico. The North American Free Trade Agreement leveled the playing field by reducing Mexico’s tariffs on our exports and creating significant new market access opportunities for U.S. exporters."

"I question how this agreement could be changed without having an adverse effect on trade", said Sen. Grassley. "I ask that you clarify your intentions. What specific problem(s) do you seek to address in reopening the North American Free Trade Agreement?"

Sen. Grassley is the ranking Republican on the Senate Finance Committee (SFC). The SFC will hold a hearing at 5:00 PM on Monday, March 9, 2009, on the nomination of Ron Kirk to be head of the Office of the U.S. Trade Representative (OUSTR).

Peter Allgeier is the acting head of the OUSTR.

3/5. The U.S. Court of Appeals (8thCir) issued its opinion [13 pages in PDF] in U.S. v. Inman, a case regarding suppression of evidence obtained from a warrantless search of a laptop computer.

Jason Inman is a state government employee. Two of his co-workers searched his laptop, at work, looking for information about his girlfriend. They did not have a search warrant. They found porn, and reported him to police. Police used this information to obtain a search warrant.

Inman was prosecuted for criminal porn possession in violation of 18 U.S.C. § 2252A. He moved to suppress evidence obtained from the co-worker search, and from the subsequent police searches, as violative of his Fourth Amendment rights. The District Court denied the motion. He was convicted.

The Court of Appeals affirmed. It held that the original search was not subject to the Fourth Amendment because the two co-workers did not have "the intent to assist the government in its investigatory or administrative purposes". Also, since the original warrantless search did not violate the Fourth Amendment, the subsequent searches pursuant to a warrant did not violate the Fourth Amendment. The conviction is affirmed. Inman goes to prison for 9 years.

This case is U.S.A. v. Jason D. Inman, U.S. Court of Appeals for the 8th Circuit, App. Ct. No. 07-1881, an appeal from the U.S. District Court for the Eastern District of Missouri.

3/6. Mark Cahn was named Deputy General Counsel of the Securities and Exchange Commission (SEC). He was previously a partner in the Washington DC office of the law firm of Wilmer Hale. See, SEC release.

3/6. Jeffrey Singdahlsen was named Associate General Counsel for Legal Policy of the Securities and Exchange Commission (SEC). He replaced Meridith Mitchell, who became the SEC's Deputy General Counsel for Legal Policy and Administrative Practice. See, SEC release.

3/5. Juliette Kayyem was named Assistant Secretary for Intergovernmental Programs at the Department of Homeland Security (DHS). See, DHS release.

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This issue contains the following items:
 • ITIF Paper Offers Broadband Policy Recommendations
 • NCTA Advocates Principles for Broadband Grants Programs
 • Sen. Grassley Questions Obama on NAFTA
 • Co-Workers' Warrantless Search of Laptop Does Not Implicate 4th Amendment

The House will meet at 9:00 AM. It will consider a continuing appropriations resolution. See, Rep. Hoyer's schedule for the week of March 2, and schedule for March 6.

The Senate will meet at 10:00 AM. It will resume consideration of HR 1105 [LOC | WW], the "Omnibus Appropriations Act, 2009".

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 calendar for March, 2009. Location: Courtroom 201, 717 Madison Place, NW.

12:00 NOON - 1:00 PM. The Tech America (formerly the AeA, ITAA, GEIA, and CSIA) will host an event titled "Media Luncheon" and "Chris Hansen, CEO of TechAmerica, to Outline Technology Industry's 2009 Policy Priorities, Response to Stimulus and Obama Tech Policies". RSVP to Charlie Greenwald at 703-284-5305, charlie dot greenwald at techamerica dot org, or Anne Caliguiri at 202-682-4443, anne dot caliguiri at techamerica dot org.

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, notice in the Federal Register, January 8, 2009, Vol. 74, No. 5, at Pages 800-801.

The House will meet at 12:30 PM.

9:00 AM - 4:15 PM. The Tech America (formerly the AeA, ITAA, GEIA, and CSIA) will host an event titled "Beyond the Beltway Forum on State & Local Government Technology". Prices vary. See, notice. Location: Ritz-Carlton -- Tysons Corner, 1700 Tysons Blvd., McLean, VA.

RESCHEDULED FROM MARCH 5. 5:00 PM. The Senate Finance Committee (SFC) will hold a hearing on the nomination of Ron Kirk to be the head of the Office of the U.S. Trade Representative (OUSTR). See, notice. Location: Room 215, Dirksen Building.

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 Compgeeks.com. See, 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), Art Brodsky (Public Knowledge), and Scott 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 St., NW.

9:00 AM. The Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee will meet. See, notice in 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.

RESCHEDULED FROM MARCH 4. 10:00 AM. The House Judiciary Committee (HJC) will hold a hearing on HR 848 [LOC | WW], the "Performance Rights Act". See, notice. 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 Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Patent Reform in the 111th Congress: Legislation and Recent Court Decisions". The witnesses will be Steven Appleton (Micron Technology), Philip Johnson (Johnson & Johnson), David Kappos (IBM), Taraneh Maghame (Tessera), Herbert Wamsley (Intellectual Property Owners Association), Mark Lemley (Stanford law school). See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building. There will be overflow seating Room 328 of the Russell Building.

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 [LOC | WW], the huge spending bill titled the "American Recovery and Reinvestment Act of 2009". It is now Public Law No. 111-5. See, story titled "Summary of Broadband Grants Provisions in Spending Bill" in TLJ Daily E-Mail Alert No. 1,899, February 13, 2009. See also, notice in the Federal Register, February 27, 2009, Vol. 74, No. 38, at Pages 8914-8915. The DOC stated in a release that "Press should enter the aquarium entrance on 14th Street and should RSVP by 4:00 p.m. Monday, March 9 to" either kcpullen at doc dot gov or kgriffis at doc dot gov, and that "Press check in" is at 9:15 AM. 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.

TIME CHANGE. 2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Lanny Breuer to be an Assistant Attorney General in charge of the Department of Justice's (DOJ) Criminal Division, Christine Varney to be Assistant Attorney General in charge of the DOJ's Antitrust Division, and Tony West to be Assistant Attorney General in charge of the DOJ's Civil Division. See, notice. The SJC will webcast this event. Sen. Herb Kohl (D-WI) will preside. Location: Room 226, Dirksen Building.

Day one of a three day conference hosted by the International Association 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 Road, NW.

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, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. See, agenda. The SJC will webcast this event. Location: Room 226, Dirksen Building.

Day two of a three day conference hosted by the International Association 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 Road, NW.

Day three of a three day conference hosted by the International Association 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 Road, NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its Draft Special Publication 800-122 [58 pages in PDF] titled "Guide to Protecting the Confidentiality of Personally Identifiable Information (PII)".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its Draft Interagency Report 7497 [42 pages in PDF] titled "Security Architecture Design Process for Health Information Exchanges (HIEs)".

Deadline to register for the National Institute of Standards and Technology's (NIST) Office of Law Enforcement Standards' (OLES) March 25, 2009, meeting 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. This meeting will occur via teleconference and at the National Telecommunications and Information Administration's (NTIA) Institute for Telecommunication Sciences (ITS) in Boulder, Colorado. See, notice in the Federal Register, February 17, 2009, Vol. 74, No. 30, at Pages 7397-7398.