4/17. President Obama named Aneesh Chopra federal Chief Technology Officer. He is currently the state of Virginia's Secretary of Technology. See, White House news office release.

On March 5, 2009, Obama named Vivek Kundra Chief Information Officer. See, White House news office release, and story titled "Obama Names Kundra Chief Information Officer" in TLJ Daily E-Mail Alert No. 1,909, March 5, 2009.

Technology groups praised the selection of Chopra (at right). Ed Black, head of the Computer and Communications Industry Association (CCIA), stated in a release that "Chopra devoted many hours to the Obama transition team's technology, innovation and government reform working group. During this work, he was a key advocate for using technology and the Internet to collaborate on projects, make information more accessible, and hold elected officials more accountable."

Phil Bond, head of TechAmerica (formerly the AeA and ITAA), stated in a release that Chopra is "the right person for the job" and "a superb choice".

Bond added that Chopra "is well known to the nation's technology community. He has championed policies that enable better government and a stronger economy through use of technology. Notably, his role in Virginia placed him in leadership in the state with the highest concentration of tech workers, and a state that added tech jobs for four consecutive years as of 2007".

Leslie Harris, head of the Center for Democracy and Technology (CDT), stated in a release that the choice of Chopra "is simply stellar". She continued that "His leadership as Virginia’s Secretary of Technology was outstanding and this background and experience will serve him well in the new Administration. He knows that technology helps drive our economic recovery and is critically important to improving government service for all of our people."

4/17. President Obama announced his intent to nominate Robert Litt to be General Counsel of the Office of the Director of National Intelligence (ODNI). See, White House news office release.

He has long been at partner at a large Washington DC law firm. However, over a decade ago, in the late 1990s, he was active in the encryption policy debates. He was one of the leaders of the government's efforts to suppress the use of encryption, and to mandate government back doors.

The ODNI oversees the intelligence community, including the National Security Agency (NSA), which intercepts communications and engages in cryptanalysis.

This is the Robert Litt who testified to the House Commerce Committee's (HCC) Subcommittee on Telecommunications in 1997 that "key recovery holds great promise for providing the security and confidentiality that businesses and individuals want and need".

This is the Robert Litt who expressed horror at the thought of public use of "64-bit key" encryption.

This is the Robert Litt who testified that while "unbreakable encryption products can be found overseas", and the administration wants to prevent the manufacture or export by U.S. companies of encryption products that do not allow back door access by the government, "U.S. businesses will be able to compete abroad effectively".

This is the Robert Litt who testified to the Senate Judiciary Committee's (SJC) Subcommittee on the Constitution in 1998 that there would be no violation the Constitution "If a manufacturer of an encryption product were required to maintain information sufficient to allow law enforcement access to plaintext".

The is the Robert Litt who testified that a government mandated plaintext recovery system would not violate 4th Amendment rights.

This is the Robert Litt who testified in opposition to HR 695 (105th Congress), the SAFE Act, and instead advocated "legislation prohibiting the manufacture, distribution and import of encryption products that do not contain plaintext recovery technologies".

This is the Robert Litt who litigated against people who asserted that the First Amendment protects their right to publish encryption programs in the U.S.

See, Litt's March 17, 1998 prepared testimony [TLJ | DOJ] for the SJC, and September 4, 1997 prepared testimony [TLJ | DOJ] for the HCC.

See also related story in this issue titled "What Robert Litt Had to Say About Encryption".

TLJ spoke with Marc Rotenberg, head of the Electronic Privacy Information Center (EPIC), which was active in encryption policy debates in the 1990s. See, EPIC's web section on cryptography.

"This nomination raises concerns", said Rotenberg. "Mr. Litt was on the wrong side of the crypto debate in the 1990s."

Rotenberg added that widespread availability of encryption has turned out to be a good thing, and that "it would have been a mistake" to mandate key recovery.

Litt is now a partner at the law firm of Arnold & Porter (AP). His AP biography states that "he has represented corporate and individual clients in a wide range of criminal and enforcement matters, including foreign payments, securities regulation, extradition, pharmaceutical marketing and pricing, violation of export control and sanctions laws, government contracting, computer and internet law, and national security matters."

During the administration of former President Clinton he worked at the Department of Justice (DOJ) as Principal Associate Deputy Attorney General and as a Deputy Assistant Attorney General in the Criminal Division, which includes the Computer Crimes and Intellectual Property Section (CCIPS).

Federal Election Commission (FEC) records show that Litt has been a frequent contributor to Democratic candidates and committees, including President Obama. See, FEC search page for individual contributors.

The Clinton administration substantially backed away from its attempts to suppress the use of encryption, and to mandate government back doors, in late 1999. Some officials, after leaving office, sought to distance themselves from their anti-encryption actions and statements.

TLJ phoned and e-mailed Litt requesting to speak with him, and in particular, "to ask if your views on encryption have changed". He wrote back, "I'm not responding to press queries at this point."

The ODNI web site states that the the Director of National Intelligence "serves as the head of the Intelligence Community (IC), overseeing and directing the implementation of the National Intelligence Program and acting as the principal advisor to the President, the National Security Council, and the Homeland Security Council for intelligence matters related to the national security." (Parentheses in original.)

The IC includes, among other entities, the NSA and the Central Intelligence Agency (CIA). The NSA engages in signals intelligence, including communications intercepts and cryptanalysis.

The ODNI web site states that the General Counsel provides "legal support to the Director of National Intelligence to fulfill his statutory duties".

The acting General Counsel is Corin Stone.

4/17. President Obama announced his intent to nominate Robert Litt to be General Counsel of the Office of the Director of National Intelligence (ODNI). See, White House news office release. During the administration of former President Clinton, Litt was a senior Department of Justice (DOJ) official involved in encryption policy debates.

Senate Judiciary Committee Testimony. He testified before the Senate Judiciary Committee's (SJC) Subcommittee on the Constitution, Federalism, and Property Rights on March 17, 1998. See, prepared testimony [TLJ | DOJ].

Former Sen. John Ashcroft (R-MO), then the Subcommittee's Chairman, stated that the purpose of the hearing was to "raise awareness about the important privacy interests that are at stake in the debate over encryption policy". See, story titled "Senate Judiciary Committee Holds Hearing on Encryption", Tech Law Journal, March 17, 1998.

Litt spoke in opposition to legislation that would guarantee the right to use encryption products.

The bill at issue was HR 695 (105th Congress), the "Security and Freedom Through Encryption (SAFE) Act", sponsored by Rep. Bob Goodlatte (R-VA) and Rep. Zoe Lofgren (D-CA).

He wrote that "the widespread use of unbreakable encryption presents a tremendous potential threat to public safety and national security"

He addressed data stored on computers. He wrote that "as we move further into the digital age, as more and more data is stored electronically rather than on paper, as very strong encryption becomes built into more and more applications, and as it becomes easier and easier to use this encryption as a matter of routine, our national security and public safety will be endangered".

He advocated technology that would "permit timely access to plaintext by law enforcement authorities".

He continued that "I am prepared to discuss hypothetical legislation prohibiting the manufacture, distribution and import of encryption products that do not contain plaintext recovery technologies, so that the capability to decrypt encrypted data and communications is available to law enforcement".

"If a manufacturer of an encryption product were required to maintain information sufficient to allow law enforcement access to plaintext" there would be no violation of Constitutional rights, said Litt.

House Commerce Committee Testimony. Litt testified before the House Commerce Committee's (HCC) Subcommittee on Telecommunications, Trade and Consumer Protection on September 4, 1997. See, prepared testimony [TLJ | DOJ].

He said that "widespread dissemination of unbreakable encryption without any accommodation for law enforcement access is a serious threat to public safety"

"We are gravely concerned that the proliferation and use of unbreakable encryption would seriously undermine these duties to protect the American people", said Litt.

Referring to government "wiretaps" and seizure of "stored computer data", he said that "if unbreakable encryption proliferates, these critical law enforcement tools would be nullified".

He further discussed Aldrich Ames, terrorists, pornographers, drug traffickers, and computer hackers.

"Technology should serve society", said Litt. "Technology should promote public safety".

He argued for mandating in the U.S., and developing an international consensus on, the "use of a ``key recovery´´ or ``trusted third party´´ system. Under this system, a key for a given encryption product would be deposited with a trusted third party or ``recovery´´ agent." The government would then "obtain the key from the recovery agent in order to decrypt the information".

He wrote that "key recovery holds great promise for providing the security and confidentiality that businesses and individuals want and need, while preserving the government's ability to protect public safety and national security".

He continued that "Administration policy is to promote the manufacture and use of key recovery products, to develop a global key management infrastructure (``KMI´´), and to liberalize United States restrictions on the export of robust cryptographic products in the hope that market forces will make such products a de facto industry standard."

He criticized HR 695. He wrote that "the bill would discourage the development of a key management infrastructure. Moreover, we believe that the central provision of the bill, Section 3 which would effectively eliminate all export controls on strong encryption would undermine public safety and national security by encouraging the proliferation of unbreakable encryption."

"The first problem that we see with H.R. 695 is its failure to promote development of a key management infrastructure. The Administration believes that the development of a key management infrastructure is critically important for a safe society. H.R. 695 prohibits laws that would require a keyholder to relinquish keys to third parties under certain circumstances."

He conceded that "unbreakable encryption products can be found overseas".

First Amendment Litigation. Litt provided testimony, upon which the District Court relied in granting summary judgment to the government, in Junger v. Daley.

This case is Peter Junger v. William Daley, U.S. District Court for the Northern District of Ohio, Eastern Division, D.C. No. 1:96-CV-1723, Judge James Gwin presiding. See, Opinion and Order, July 2, 1998. The District Court refers to Litt at page 26, footnote 15. This opinion is also reported at 8 F. Supp. 2d 708.

Junger, a law professor, sued the federal government to enjoin the enforcement of government export regulations that prevented him from publishing encryption programs in connection with teaching a course. Daley was Secretary of Commerce. The Department of Commerce (DOC) included the Bureau of Export Administration (BXA), now named the Bureau of Industry and Security (BIS). Junger asserted that his programs were protected free speech. The District Court ruled that his programs were functional, not expressive, and thus not entitled much First Amendment protection.

The U.S. Court of Appeals (6thCir) issued its opinion on April 4, 2000. It wrote, "Because computer source code is an expressive means for the exchange of information and ideas about computer programming, we hold that it is protected by the First Amendment." It added that "In light of the recent amendments to the Export Administration Regulations, the district court should examine the new regulations to determine if Junger can bring a facial challenge." It reversed and remanded. This opinion is also reported at 209 F.3d 481.

See also, May 6, 1999, opinion of the 9th Circuit in Bernstein v. DOJ. The Court of Appeals held that U.S. encryption export regulations violate First Amendment free speech rights.

The Court of Appeals found that  the Export Administration Regulations "(1) operate as a prepublication licensing scheme that burdens scientific expression, (2) vest boundless discretion in government officials, and (3) lack adequate procedural safeguards. Consequently, we hold that the challenged regulations constitute a prior restraint on speech that offends the First Amendment."

This case is Bernstein v. Department of Justice, et al., U.S. Court of Appeals for the 9thCir, App. Ct. No. 97-16686.

The following is a list of selected Tech Law Journal articles on encryption policy issues from March 1998 (when Tech Law Journal began publication) through late 2000 (when the Clinton administration changed course on encryption policy), in reverse chronological order.

• Administration Eases Encryption Export Restraints, 7/18/00.
• EPIC Releases Survey of Encryption Policies Worldwide, 4/3/00.
• Goodlatte and Cox Condemn Chinese Encryption Policy, 2/9/00.
• Commerce Department Releases Encryption Export Regulations, 1/13/00.
• Administration Delays Encryption Export Regulations, 12/14/99.
• Lofgren Seeks Revisions to Draft Encryption Export Regulations, 12/8/99.
• Representatives Caution Clinton About Encryption Export Regulations, 11/12/99.
• Rep. Lofgren Calls for SAFE Act to be Held in Abeyance, 10/6/99.
• Administration Addresses Encryption Reform Proposal, 9/29/99.
• Rep. Weldon Criticizes Administration Encryption Reversal, 9/29/99.
• Clinton Administration Talks Encryption, 9/17/99.
• Reaction to Clinton Encryption Proposals, 9/17/99.
• Gephardt, Lofgren and Eshoo Write Clinton on Encryption Bill, 9/14/99.
• Tony Blair Promises No Government Mandated Key Escrow, 9/13/99.
• DOJ Files Petition for Rehearing in Bernstein Case, 6/23/99.
• Rush Limbaugh Criticizes DOJ on Encryption Exports, 6/23/99.
• House Telecom Subcommittee Approves SAFE Act, 6/17/99.
• Senate Committee Holds Hearing on PROTECT Act, 6/11/99.
• House Intelligence Committee Questions Need for SAFE Act, 6/10/99.
• Group Releases International Survey of Encryption Policies, 6/10/99.
• Goodlatte Promotes SAFE Act at Network Associates Event, 6/2/99.
• House Telecom Subcommittee Holds Hearing on SAFE Act, 5/26/99.
• House Subcommittee Criticizes Administration Opposition to SAFE Act, 5/18/99.
• Ninth Circuit Rules Encryption Export Regulations Violate First Amendment, 5/10/99.
• Sen. McCain Introduces Encryption Bill, 4/15/99.
• Rep. Markey Proposes Federal Regulation to Protect Online Privacy, 4/7/99.
• Sen. McCain to Introduce an Encryption Bill, 4/1/99.
• House Judiciary Committee Approves SAFE Act, 3/25/99.
• Encryption Bill Reintroduced in House, 2/25/99.
• Goodlatte and Boucher Criticize British Key Escrow Proposals, 2/18/99.
• BSA Announces Agenda for 106th Congress, 2/8/99.
• Daley and Pitofsky Hold Joint Press Conference on E-Commerce and Privacy, 2/6/99.
• International Arms Control Statement Restricts Encryption, 12/4/98.
• Administration Policy for Boosting E-Commerce Includes Crypto Restraints, 11/30/98.
• Bob Goodlatte Named Co-Chair of Internet Caucus, 11/20/98.
• Industry Group Plans Ad Campaign on Encryption, 7/23/98.
• EFF Cracks 56-Bit DES in Three Days, 7/20/98.
• Junger Plans to Appeal Encryption Ruling, 7/9/98.
• Encryption Export Controls Upheld By One Judge, 7/7/98.
• Burns Says Encryption Bill May Be Considered by Senate, 6/17/98.
• Computer CEOs Meet With Justice Officials, 6/10/98.
• Industry Leaders to Meet with Freeh on Encryption, 6/2/98.
• Gore 'Electronic Bill of Rights' Speech Omits Encryption, 5/15/98.
• Compromise Encryption Bill Introduced in Senate, 5/14/98.
• Freeh Warns of Encryption Use in International Crime, 4/23/98.
• Daley Calls Crypto Policy Implementation a Failure, 4/16/98.
• Democrats Write to Clinton on Encryption Policy, 4/6/98.
• Senate Committee Holds Hearing on Encryption, 3/17/98.
• ACP Brings Together Strange Bedfellows, 3/16/98.
• Americans for Computer Privacy Organizes, 3/4/98.

4/16. Dennis Blair (at right), the Director of National Intelligence, released a statement [PDF] regarding surveillance. It is set out in full below:

"One of our most effective tools in discovering groups planning to attack us are their communications, and it is the job of the NSA to intercept them. The NSA does this vital work under legislation that was passed by the Congress; the NSA actions are supervised by my office and by the Justice Department under court-approved safeguards; when the intercepts are conducted against Americans, it is with individual court orders."

"Under these authorities the officers of the National Security Agency collect large amounts of international telecommunications, and under strict rules review and analyze some of them. These intercepts have played a vital role in many successes we have had in thwarting terrorist attacks since 9/11. On occasion, NSA has made mistakes and intercepted the wrong communications. The numbers of these mistakes are very small in terms of our overall collection efforts, but each one is investigated, the Congress and the courts are notified, corrective measures are taken, and improvements are put in place to prevent reoccurrences."

"Let me be clear, I do not and will not support any surveillance activities that circumvent established processes for their lawful authorization and execution. Additionally, we go to great lengths to ensure that the privacy and civil liberties of U.S. persons are protected."

"The NSA is vital to the intelligence community's efforts to keep our country safe and to provide valuable intelligence to our decision makers and military operations."

"Even in 2009, there are organizations plotting to kill Americans using terror tactics, and although the memories of 9/11 are becoming more distant, we in the intelligence services must stop them."

4/16. Time Warner Cable (TWC) announced that it will end its trials of consumption based billing for broadband access services.

See also, story titled "Free Press and Cable Argue Merits of Charging for Broadband by Usage" in TLJ Daily E-Mail Alert No. 1,927, April 15, 2009.

Timothy Karr of the Free Press stated in a release that "We're glad to see Time Warner Cable's price-gouging scheme collapse in the face of consumer opposition. Let this be a lesson to other Internet service providers looking to head down a similar path. Consumers are not going to stand idly by as companies try to squeeze their use of the Internet. This is a major victory, but the fight for a fast, open and affordable Internet is far from over."

Gigi Sohn, head of the Public Knowledge (PK), stated in a release that "Time Warner should be commended for stopping its ill-considered and discriminatory plan to impose unfair usage caps on its customers. The company properly listened to its subscribers, the public and policymakers, all of whom were highly critical of the proposition in the first place.

"It quickly became clear the plan had nothing to do with managing Time Warner's network, and everything to do with increasing profits at the expense of captive customers in an uncompetitive broadband market."

"Going forward, we hope Time Warner and policymakers will work to expand the choices for consumers, not to limit them."

The article titled "Swedish Criminal Court Convicts Pirate Bay Operators" in TLJ Daily E-Mail Alert No. 1,928 states, at paragraph thirteen, that "Sydnor explained some advantages of federal RICO actions. For example, in a criminal copyright infringement action, the DOJ has a very high burden of proof -- intent beyond a reasonable doubt. In contrast, the standard in a civil RICO action would be lower -- beyond a reasonable doubt."

In fact, Sydnor correctly stated that the burden of proof in civil RICO actions is "preponderance of the evidence".

18 U.S.C. § 1964 provides for civil RICO actions. It does not set the burden of proof. However, this question is addressed in Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479 (1985) and its progeny. The Supreme Court wrote in its opinion that "We are not at all convinced that the predicate acts must be established beyond a reasonable doubt in a proceeding unAneesh Choprader 1964(c). In a number of settings, conduct that can be punished as criminal only upon proof beyond a reasonable doubt will support civil sanctions under a preponderance standard. ... There is no indication that Congress sought to depart from this general principle here." (At 473 U.S. 491.)

The House will not meet.

The Senate will meet at 2:00 PM. It may begin consideration of S 386 [LOC | WW], the "Fraud Enforcement and Recovery Act". It may also consider the nominations of Christine Varney (to be Assistant Attorney General in charge of the DOJ's Antitrust Division), Lanny Breuer (AAG, Criminal Division), and Tony West (AAG, Civil Division).

POSTPONED. 12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property and Legislative Practice Committees, and the DC Chapter of the Copyright Society of the U.S.A. will host a brown bag lunch titled "Communications and Copyright in the 111th Congress". The FCBA has a history of excluding persons from its lunches. Location: NCTA, 25 Massachusetts Ave., NW.

6:00 - 9:15 PM. The DC Bar Association will host the first part of a three part series titled "Preserving Intellectual Property Rights in Goverment Contracts". The speakers will include David Bloch (Winston & Strawn), Richard Gray (Department of Defense), John Lucas (Department of Energy), and James McEwen (Stein McEwen). The price to attend ranges from $89 to $129 per part, or $169 to $299 for the series. See, notice. This event qualifies for continuing legal education credits. The DC Bar Association has a history of excluding persons from its events. For more information, call 202-626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

The House will return from its two week Easter District Work Period. It will meet at 2:00 PM for legislative business. It will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for the week of April 20.

8:00 AM - 3:30 PM. The Motion Picture Association of America (MPAA) will host an event titled "American Creativity at Work". For more information, contact 202-378-9118.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Verizon Washington DC v. Communications Workers of America, App. Ct. No. 08-7092. Judges Ginsburg, Rogers and Kavanaugh will preside. Location: 333 Constitution Ave., NW.

10:00 AM - 12:00 NOON. The Heritage Foundation will host an event titled "The Taiwan Relations Act's Enduring Legacy on Capitol Hill". The speakers will include Rep. Shelley Berkley (D-NV). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on the Courts and Competition Policy and the Internet will hold a hearing titled "A New Age for Newspapers: Diversity of Voices, Competition and the Internet". See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar conducted by Matt Osborne (DOJ) on his paper titled "Consumer Inventory Behavior, Price Sensitivity and Its Implications for Price Elasticities and Consumer Welfare". To request permission to attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: Bicentennial Building, 600 E St., NW.

2:00 - 3:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Copyright, Content and Class Action Lawsuits: A Debate on the Google Book Search Settlement". The speakers will be Allan Adler (Association of American Publishers), Peter Brantley (Internet Archive), Dan Clancy (Google), and Alan Inouye (American Library Association). See, notice. Location: Room LJ 162, Thomas Jefferson Building, Library of Congress, Independence Ave., NW.

2:00 - 4:00 PM. The Department of State's (DOS) Advisory Committee on International Economic Policy (ACIEP) will meet. See, notice in the Federal Register, March 30, 2009, Vol. 74, No. 59, at Page 14181. Location: DOS, Room 1107, 2201 C St., NW.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on pending nominations, including those of Sherburne Abbott (to be Associate Director of the Office of Science and Technology Policy in the Executive Office of the President), Peter Appel (Administrator of the Research and Innovative Technology Administration at the Department of Transportation), and April Boyd (Assistant Secretary for Legislative and Intergovernmental Affairs at the Department of Commerce). See, notice. Location: Room 253, Russell Building.

2:30 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Terrorism and Homeland Security will hold a hearing titled "Protecting National Security and Civil Liberties: Strategies for Terrorism Information Sharing". Sen. Ben Cardin (D-MD) will preside. The witnesses will be Zoe Baird (Markle Foundation), former Sen. Slade Gorton (R-WA), Thomas Manger (Chief of Police of Montgomery County Maryland), and Caroline Frederickson (ACLU). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

Deadline to submit initial comments to the Copyright Office (CO) and the U.S. Patent and Trademark Office (USPTO) in response to their notice of inquiry (NOI) regarding facilitating access to copyrighted works for blind or disabled people. See, notice in the Federal Register, March 26, 2009, Vol. 74, No. 57, at Pages 13268-13270, and notice in the Federal Register, April 17, 2009, Vol. 74, No. 73, at Page 17884.

The House will meet at 10:00 AM for legislative business. The schedule for the week includes consideration of HR 1580 [LOC | WW], the "Electronic Waste Research and Development Act", under suspension of the rules. See, Rep. Hoyer's schedule for the week of April 20.

Day one of a two day convention hosted by the Consumer Electronics Association (CEA) titled "CEA Washington Forum". Location: JW Marriott.

9:00 AM - 4:00 PM. The American Enterprise Institute (AEI) will host an event titled "High-Skilled Immigration in a Globalized Labor Market". See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

POSTPONED. 10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Reform of the Federal Communications Commission". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee (SHSGA) will hold a hearing on pending nominations, including that of John Morton to be Assistant Secretary for Immigration and Customs Enforcement at  the Department of Homeland Security (DHS). See, notice. Location: Room 342, Dirksen Building.

10:30 AM. The U.S. District Court (DC) will hold a status conference in US v. Microsoft, D.C. No. 98-1232, and New York v. Microsoft, D.C. No. 98-1233. Judge Colleen Kotelly will preside. Location: Courtroom 28A.

12:00 NOON - 6:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Engineering Advisory Committee. See, notice in the Federal Register, April 1, 2009, Vol. 74, No. 61, at Page 14821. Location: NSF, 4201 Wilson Boulevard, Suite 1235, Arlington, VA.

1:00 PM. The House Small Business Committee (HSBC) will hold a hearing titled "The Importance of Technology in an Economic Recovery". Location: Room 2360, Rayburn Building.

4:00 - 6:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing. FBI Director Robert Mueller will testify. See, notice. Location: Room HVC 304, Capitol Building.

6:00 - 9:15 PM. The DC Bar Association will host the second part of a three part series titled "Preserving Intellectual Property Rights in Goverment Contracts". The speakers will be David Bloch (Winston & Strawn), Richard Gray (Department of Defense), John Lucas (Department of Energy), and James McEwen (Stein McEwen). The price to attend ranges from $89 to $129 per part, or $169 to $299 for the series. See, notice. This event qualifies for continuing legal education credits. The DC Bar Association has a history of excluding persons from its events. For more information, call 202-626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of April 20.

8:00 AM - 12:00 NOON. Day two of a two day meeting of the National Science Foundation's (NSF) Engineering Advisory Committee. See, notice in the Federal Register, April 1, 2009, Vol. 74, No. 61, at Page 14821. Location: NSF, 4201 Wilson Boulevard, Suite 1235, Arlington, VA.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, Science and Related Agencies may hold a hearing on the FY 2010 budget for the Department of Justice (DOJ). The witness will be Attorney General Eric Holder. For more information, contact the HAC at 202-225-2771. Location: Room 2359, Rayburn Building.

10:00 AM. The Senate Banking Committee (SBC) will hold a hearing on pending nominations, including that of David Cohen to be Assistant Secretary for Terrorist Financing at the Department of the Treasury (DOT). See, notice. Location: Room 538, Dirksen Building.

12:00 NOON - 5:00 PM. The Center for Democracy and Technology (CDT) will host an event titled "State of the Mobile Net". There will be panels titled "What is the Mobile Net? Understanding the Mobile Net Ecosystem", "Spectrum: Is the Lifeblood of the Mobile Net Running Dry?", "Mobile Network Infrastructure Trends", "Cloud Computing and Emerging Business Models in the Mobile Space", "Privacy on the Go", and "What Policy Framework Will Enable Innovation on the Mobile Net?". See, agenda. Location: Hyatt Regency Capitol Hill.

8:30 AM - 5:00 PM. Day one of a two day meeting of the Judicial Conference of the United States' Advisory Committee on Rules of Evidence. This meeting is open to the public for observation, but not participation. See, notice in the Federal Register, January 26, 2009, Vol. 74, No. 15, at Page 4459. Location: Thurgood Marshall Federal Judiciary Building, One Columbus Circle, NE.

1:00 - 3:00 PM. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "The Role of the SBIR and STTR Programs in Stimulating Innovation at Small High-Tech Businesses". The Department of Defense (DOD) administers the Small Business Innovation Research (SBIR) program and the Small Business Technology Transfer (STTR) program. See, DOD SBIR/STTR web page. The witnesses will be Robert Berdahl (Association of American Universities), Jim Greenwood (Biotechnology Industry Organization), Sally Rocky (National Institutes of Health), and Jerry Glover (Small Business Technology Council). The HSC will webcast this hearing. Location: Room 2318, Rayburn Building.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host an untitled seminar by Lanier Benkard (Stanford University). He is an economist who has written extensively about competition and mergers. Location: FTC, New Jersey Ave. Building, Room 4100.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers and Wireline Practice Committees will host an event titled "Happy Hour". For more information, contact Matt Gerst at mgerst at ctia dot org. Location: Poste Moderne Brasserie, 555 8th St., NW.

Day two of a two day convention hosted by the Consumer Electronics Association (CEA) titled "CEA Washington Forum". Location: JW Marriott.

The Consumer Electronics Association (CEA) will host an event titled "Digital Patriots Dinner". Location: JW Marriott.

Deadline for the Federal Communications Commission (FCC) to respond to letter [PDF] from leaders of the House Commerce Committee (HCC) requesting data about subsidies disbursed under the FCC's universal service high cost program. See, story titled "House Commerce Committee Seeks FCC Data on High Cost Universal Service" in TLJ Daily E-Mail Alert No. 1,922, April 6, 2009.

Rep. Hoyer's schedule for the week of April 20 states that no votes are expected in the House.

8:30 AM - 5:00 PM. Day two of a two day meeting of the Judicial Conference of the United States' Advisory Committee on Rules of Evidence. This meeting is open to the public for observation, but not participation. See, notice in the Federal Register, January 26, 2009, Vol. 74, No. 15, at Page 4459. Location: Thurgood Marshall Federal Judiciary Building, One Columbus Circle, NE.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Comcast v. FCC, App. Ct. No. 08-1114. Judges Ginsburg, Kavanaugh and Randolph will preside. This case is a challenge to the Federal Communications Commission's (FCC) cable horizontal and vertical ownership limits. See, FCC's brief [PDF]. Location: 333 Constitution Ave., NW.

10:30 AM. The Heritage Foundation will host an event titled "American Leadership and the China Challenge in Southeast Asia". The speakers will include Dennis Wilder (Brookings Institution), Dan Blumenthal (American Enterprise Institute), Renato Cruz de Castro (De La Salle University, Manila), and Walter Lohman (Heritage). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host an event titled "ICANN & Internet Governance: How Did We Get Here & Where Are We Heading?". The speakers will include Michael Palage. Lunch will be served. See, notice and registration page. Location: Room 2123, Rayburn Building, Capitol Hill.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Wireline Practice Committee and the DC Bar Association's Computer and Telecommunications Law Section will host a brown bag lunch titled "Emerging Issues in Online Behavioral Advertising". The speakers will be Peder Magee (FTC), Genie Barton (US Telecom Association), Alison Pepper (Interactive Advertising Bureau), Ari Schwartz (Center for Democracy and Technology), Heidi Salow (DLA Piper), and K.C. Halm (Davis Wright Tremaine). Both the FCBA and the DC Bar have a history of excluding people from their lunches. Location: DLA Piper, 500 8th St., NW.

Deadline to submit applications to participate in the Department of Commerce's (DOC) International Trade Administration's (ITA) U.S. and Foreign Commercial Service's (USFCS) Cable Television Trade Mission to Seoul, South Korea. See, notice in the Federal Register, March 11, 2009, Vol. 74, No. 46, at Pages 10548-10550.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking [25 pages in PDF] regarding extending until June 30, 2010, the freeze of Part 36 category relationships and jurisdictional cost allocation factors used in jurisdictional separations. This freeze is set to expire on June 30, 2009. This NPRM is FCC 09-24 in CC Docket No. 80-286. See, notice in the Federal Register, April 3, 2009, Vol. 74, No. 63, at Pages 15236-15239.

Deadline for consumer electronics retailers to respond to one letter [PDF], and for consumer electronics manufacturers to respond another letter [PDF], from Rep. Henry Waxman (D-CA) and Rep. Rick Boucher (D-VA), requesting data and information regarding the supply of coupon eligible converter boxes.

8:00 AM - 4:00 PM. Day one of a two day conference hosted by the U.S. Chamber of Commerce, the Association of European Chambers of Commerce and Industry, and other entities titled "U.S. and EU Approaches to Protecting IP". See, notice. For more information, contact Natalie Ethridge at 202-463-5884. Location: U.S. Chamber, 1615 H St., NW.

6:00 - 9:15 PM. The DC Bar Association will host the third part of a three part series titled "Preserving Intellectual Property Rights in Goverment Contracts". The speakers will be David Bloch (Winston & Strawn), Richard Gray (Department of Defense), John Lucas (Department of Energy), and James McEwen (Stein McEwen). The price to attend ranges from $89 to $129 per part, or $169 to $299 for the series. See, notice. This event qualifies for continuing legal education credits. The DC Bar Association has a history of excluding persons from its events. For more information, call 202-626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

4/18. President Obama named Jeffrey Zients Deputy Director for Management at the Office of Management and Budget (OMB). See, White House news office release.

4/17. President Obama announced his intent to nominate William Wilkins to be Chief Counsel for the Internal Revenue Service (IRS) and an Assistant General Counsel in the Department of the Treasury. He is a partner in the Washington DC office of the law firm of Wilmer Hale. See, White House news office release. Federal Election Commission (FEC) records show that he has been a frequent contributor to Democratic candidates. See, FEC search page for individual contributors.

4/17. President Obama announced his intent to nominate William Brinkman to be Director of the Department of Energy's (DOE) Office of Science (OS). See, White House news office release. He is currently a Senior Research Physicist in the Physics Department at Princeton University. Previously, he was VP of Research at Bell Laboratories, Lucent Technologies. The DOE/OS oversees, among other things, the Argonne National Laboratory (ANL). It has nearly 3,000 employees and a half billion dollar budget. It conducts research on computer science and high performance computing, among other things.

4/16. Rep. Steny Hoyer (D-MD), the House Majority Leader, announced in a release that he "promoted Floor Assistant Austin Burnes to Deputy Floor Director and Staff Assistant Michael Eisenberg to Floor Assistant. Burnes will replace Alexis Covey-Brandt, who was recently promoted to Floor Director."

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 recipients.

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 credit card payments page.

TLJ is published by David Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
P.O. Box 4851, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998-2009 David Carney. All rights reserved.