5/27. President Obama announced his intent to nominate John Roos to be Ambassador to Japan. See, White House news office release.

Roos is Chief Executive Officer and a member of the Board of Directors of the Silicon Valley based law firm of Wilson Sonsini Goodrich & Rosati (WSGR).

Roos was a member of the National Finance Committee and Co-chair of the California Finance Committee for the Obama for America presidential campaign. He also worked on Sen. John Kerry's (D-MA) 2004 presidential campaign.

The WSGR web site states that he has been a partner "since 1988, building a practice focused on the formation and representation of technology companies, particularly with respect to mergers and acquisitions, initial public offerings, strategic partnerships, and venture financings".

Neither Roos nor WSGR promptly responded to phone calls from TLJ.

5/27. President Obama announced his intent to nominate former Rep. Tim Roemer (D-IN) to be Ambassador to India. See, White House news office release. He was a member of the House of Representatives from 1991 through 2003. He is now President of the Center for National Policy (CNP). He was a Democrat who supported increasing the annual cap on H1-B visas, and permanently extending the research and development tax credit.

5/27. President Obama announced his intent to nominate Louis Susman to be Ambassador to the United Kingdom. See, White House news office release. He was previously Vice Chairman of Citigroup Corporate and Investment Banking.

5/14. Mark T. Rossini was sentenced by the U.S. District Court (DC) following his previous plea of guilty to five counts of violating 18 U.S.C. § 1030(a)(2)(B), in connection with his unauthorized accessing of FBI databases.

Rossini was an FBI agent from 1991 through November of 2008. The Department of Justice (DOJ) stated in a release that he "made over 40 searches of the FBI's Automated Case Support System (ACS), which contains confidential, law-enforcement sensitive information that relates to historic and on-going criminal investigations initiated by, and supported by, the FBI."

His unauthorized searches related to the criminal case, USA v. Anthony Pellicano. Pellicano was a Hollywood private investigator. He was convicted of conducting illegal wiretaps.

Rossini downloaded an FBI document, which he then gave to femme fatale Linda Fiorentino, who gave it an attorney for Pellicano.

Subsection 1030(a)(2)(B) provides that "Whoever ... intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains ... information from any department or agency of the United States ... shall be punished ..."

Rossini's sentence is one year of probation. See also, December 8, 2008, DOJ release regarding Rossini's plea.

5/27. The U.S. Court of Appeals (10thCir) issued its opinion [17 pages in PDF] in USA v. Djuan Jahmar Orr, an appeal of a sentence imposed following conviction for violation of 18 U.S.C. § 1029, possessing and using counterfeit access devices. That is, Orr obtained credit card numbers from skimming devices, downloaded the credit card data to a computer, and then used that data to manufacture counterfeit credit or debit cards, or alter existing cards. He then traveled to make high end purchases with these cards. The Secret Service caught him, on the road, with twenty-six counterfeit cards, "by way of cell phone tracking". See, story titled "Perspective: E-tracking through your cell phone", by Declan McCullagh, CNET, February 13, 2006. This case is USA v. Orr, U.S. Court of Appeals for the 8th Circuit, App. Ct. No. 08-7070, an appeal from the U.S. District Court for the Eastern District of Oklahoma, D.C. No. 6:CR-07-0058-RAW.

5/26. A grand jury of the U.S. District Court (SDOhio) returned an indictment [PDF] that charges Marc N. Greenberg with violation of 18 U.S.C. § 1470 in connection with his alleged "use of the Internet ... to knowingly attempt to transfer obscene matter ... to .. an undercover agent ..." whom he believed to be a minor "by streaming video from his web camera". The indictment does not allege that the video involved minors, or that he solicited any acts. This case is USA v. Greenberg, U.S. District Court for the Southern District of Ohio, Western Division, D.C. No. 3:09-0068, Judge Thomas Rose presiding.

5/19. Konstantin Sintsev pled guilty in U.S. District Court (EDVA) to bank fraud and aggravated identity theft in connection with his attaching skimming devices to walk up ATM machines. The USAO stated in a release that he attached "an electronic card-reading device called a skimmer onto walk-up ATMs at Chevy Chase Bank branches. After a period of time, Sintsev would remove the device from the ATM, and others uploaded the skimmed card data, including cardholders’ PINs, onto new cards. The newly encoded cards were then used without the cardholders' knowledge or consent at various ATMs to make fraudulent withdrawals from the cardholders' accounts." A co-defendant, Vitalijs Balsevics, has already been sentenced. See also, "Other Tech Crimes" in TLJ Daily E-Mail Alert No. 1,855, November 11, 2008.

5/11. Dmitriy Guzner pled guilty in U.S. District Court (DNJ) to violation of 18 U.S.C. § 1030 for participating in a distributed denial of service (DDOS) attack against the Scientology web sites. See, USAO release.

5/28. Sen. Jay Rockefeller (D-WV), the Chairman of the Senate Commerce Committee (SCC), announced in a release that the SCC will investigate "e-commerce marketing practices that generate thousands of mysterious monthly charges to consumer credit cards", and that have caused numerous consumers to complain.

In addition, Sen. Rockefeller sent a letter [8 pages in PDF] to Webloyalty.com, Inc., and a letter [8 pages in PDF] to Vertrue, Inc., in which he propounded detailed interrogatories regarding their business practices that result in these charges, to be answered by June 17, 2009.

Sen. Rockefeller's release adds that "On many well-known websites, including Fandango.com and Orbitz.com, after consumers make a purchase, a hyperlink or ``pop up´´ window appears and offers consumers a cash back reward if they sign up for a company's online membership service. If consumers accept the offer by providing an e-mail address and clicking a ``yes´´ button, their credit card or debit card account information is automatically forwarded to the company and they are automatically enrolled in the service. And unless the consumer cancels this online membership service, their credit card or debit card is indefinitely charged $9-$12 on a monthly basis."

The SCC has not yet scheduled any hearings on this subject.

5/26. The Internet and Information Technology Foundation (ITIF) released a report [13 pages in PDF] titled "Federal Government Policy on the Use of Persistent Internet Cookies: Time for Change or More of the Same?"

The report states that a decade ago the administration of former President Bill Clinton "implemented strict limitations on the use of persistent cookies on federal government agency websites".

On June 22, 2000, Jacob Lew, Director of the Office of Management and Budget (OMB), sent a memorandum to the heads of executive departments and agencies in which he stated that "the presumption should be that ``cookies´´ will not be used at Federal web sites. Under this new Federal policy, ``cookies´´ should not be used at Federal web sites, or by contractors when operating web sites on behalf of agencies, unless, in addition to clear and conspicuous notice, the following conditions are met: a compelling need to gather the data on the site; appropriate and publicly disclosed privacy safeguards for handling of information derived from ``cookies´´; and personal approval by the head of the agency."

The use of persistent cookies is common in non-government web sites. The result, the ITIF report states, is that "federal web pages are less useable and citizen-friendly than they otherwise could be."

The ITIF report argues that "Government agencies need flexibility to create new online content and applications without unnecessary restrictions on the use of particular technologies."

It urges the federal government to allow but regulate the use of persistent cookies on federal web sites, with the OMB writing guidelines.

The report notes that major commercial and non-profit web sites, such as Google, Yahoo, eBay, YouTube, and Wikipedia all use persistent cookies. It also lists examples of pairs of web sites -- one operated by the federal government and the other by a private sector entity -- where the private site both uses persistent cookies, and attracts far more users and hyperlinks, than the federal web site.

The paper concludes that "Without persistent cookies, government agencies cannot implement many of the common features the public has come to expect on websites, such as personalization."

In addition, "Web 2.0 technologies that can help government engage with citizens, such as Facebook and YouTube, routinely require the use of persistent cookies. Finally, government agencies cannot implement advanced web analytics, such as those to track return visitors, without persistent cookies. None of these uses of cookies present a threat to user privacy, and thus should be permitted by the federal government."

5/28. The International Competition Network (ICN) will host a conference in Zurich, Switzerland, on June 3-5, 2009. The participants will include Christine Varney, the Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division, and Robert Kramer and Scott Hammond from the Antitrust Division. The participants will also include Jonathan Liebowitz (Chairman of the Federal Trade Commission), William Kovacic (FTC Commissioner), and Maria Tineo and Russell Damtoft from the FTC. See, DOJ release.

5/28. Microsoft announced the imminent launch of a service titled "Bing". It is a search engine, and an effort to capture search traffic from Google. Microsoft stated in a release that it is "providing customers with a first step in moving beyond search to help make faster, more informed decisions. Bing is specifically designed to build on the benefits of today’s search engines but begins to move beyond this experience with a new approach to user experience and intuitive tools to help customers make better decisions, focusing initially on four key vertical areas: making a purchase decision, planning a trip, researching a health condition or finding a local business."

5/28. The Federal Communications Commission (FCC) published a notice in the Federal Register that announces and explains its debarment of Judy Green from participating in the FCC's waste, fraud, and abuse plagued e-rate subsidy program for ten years. The FCC stated that "While employed as Vice President of Operations for Innovative Network Solutions (``INS´´), a first-tier subcontractor of Southwestern Bell Communications (``SBC´´) for performing E-Rate funded telecommunications upgrades, you and former SBC employees Richard E. Brown and Keith J. Madeiros participated in a scheme to defraud the E-Rate program. In your position at INS, you agreed to accept invoices submitted by fictitious companies created by Mr. Madeiros and Mr. Brown for work allegedly performed in the Connecticut school districts. INS made payments totaling $608,505 on those fictitious invoices and then passed the costs on to SBC as legitimately reimbursable services under the E-Rate program." (Footnotes omitted.) See, Federal Register, May 28, 2009, Vol. 74, No. 101, at Pages 25534-25537.

The House will not meet. It will next meet on June 2, 2009.

The Senate will not meet. It will next meet at 2:00 PM on June 1, 2009.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics (BOE) will host an untitled seminar by Chris Knittel (UC Davis) He is an economist who has written about electricity and energy. Location: FTC Conference Center, 601 New Jersey Ave., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Market Definitions at the FCC -- Theory and Practice". The first panel is titled "How the FCC Defines Markets". The speakers may be John Nakahata (Harris Wiltshire & Grannis), David Lawson (Sidley Austin), and Don Stockdale (Deputy Chief of the FCC's WCB). The second panel is titled "Market Analysis in Practice". The speakers may be David Reitman (CRA International) and Gregory Sidak (Criterion Economics). The price to attend ranges from $25 to $150. Location: Arnold & Porter, 555 12th St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the petition for extension of waiver filed by AT&T and Sprint Nextel requesting a one year extension of the current waiver of the FCC's rules to the extent that provision requires TRS providers providing relay service via the PSTN or a TTY to automatically and immediately call an appropriate PSAP when receiving an emergency 711-dialed call placed by an interconnected VOIP user. See, FCC Public Notice of April 1, 2009 (DA 09-749), and notice in the Federal Register, May 7, 2009, Vol. 74, No. 87, at Pages 21364-21366. This relates to WC Docket No. 04-36, CG Docket No. 03-123, WT Docket No. 96-198 and CC Docket No. 92-105.

Deadline to submit to the U.S. Patent and Trademark Office (USPTO) nominations for its National Medal of Technology and Innovation (NMTI) program awards. See, notice in the Federal Register, January 8, 2009, Vol. 74, No. 5, at Pages 801-802. See also, USPTO release.

Extended deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding deferral of examination for patent applications. See, notice of extension in the Federal Register, March 9, 2009, Vol. 74, No. 44, at Page 10036. The original deadline was February 27, 2009. See, original notice in the Federal Register, January 28, 2009, Vol. 74, No. 17, at Pages 4946-4947.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-118 [38 pages in PDF] titled "Guide to Enterprise Password Management (Draft)".

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its request for comments regarding competitive bidding procedures for Auction 86, the broadband radio service (BRS) auction. This item is DA 09-843 in AU Docket No. 09-56. See, notice in the Federal Register, May 12, 2009, Vol. 74, No. 90, at Pages 22166-22170.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the petition for rulemaking [60 pages in PDF] filed by the American Bird Conservancy (ABC), Defenders of Wildlife and National Audubon Society. See, notice in the Federal Register, May 8, 2009, Vol. 74, No. 88, at Pages 21613-21614. See, FCC Public Notice of April 29, 2009 (DA 09-904), February 19, 2008 opinion [PDF] of the U.S. Court of Appeals (DCCir) in ABC v. FCC, and story titled "DC Circuit Vacates FCC Order Regarding Birds and Towers" in TLJ Daily E-Mail Alert No. 1,724, February 27, 2008. This relates to WT Docket Nos. 08-61 and 03-187.

The House will not meet.

The Senate will return from its Memorial Day recess.

Day one of a four day conference titled "Computers, Freedom, and Privacy 2009". See, conference web site. Location?

Deadline to submit comments to numerous financial regulatory agencies regarding their information collection programs, including Suspicious Activity Reports. The agencies are the Department of the Treasury's (DOT) Financial Crimes Enforcement Network (FinCEN), DOT's Office of the Comptroller of the Currency (OCC), DOT's Office of Thrift Supervision (OTS), Federal Reserve Board (FRB), Federal Deposit Insurance Corporation (FDIC), and National Credit Union Administration (NCUA). See, notice in the Federal Register, April 1, 2009, Vol. 74, No. 61, at Pages 14863-14865.

Deadline to submit comments to the Department of Homeland Security's (DHS) Privacy Office in advance of its two day public workshop on June 22 and 23, 2009, titled "Government 2.0: Privacy and Best Practices". This workshop will address operational, privacy, security, and legal issues associated with government use of social media. See, notice in the Federal Register, April 17, 2009, Vol. 74, No. 73, at Pages 17876-17877. See also, story titled "DHS Privacy Office Seeks Comments on Government Use of Social Media" in TLJ Daily E-Mail Alert No. 1,928, April 16, 2009.

Deadline to submit applications to the National Telecommunications and Information Administration (NTIA) to be members of the Department of Commerce's Spectrum Management Advisory Committee (CSMAC). See, notice in the Federal Register, May 6, 2009, Vol. 74, No. 86, at Pages 20922-20923.

The House will return from it Memorial Day recess.

Day two of a four day conference titled "Computers, Freedom, and Privacy 2009". See, conference web site. Location?

8:00 AM - 5:00 PM. Day one of a two day closed meeting of the Defense Intelligence Agency's National Defense Intelligence College Board of Visitors. See, notice in the Federal Register, May 8, 2009, Vol. 74, No. 88, at Page 21666.

9:30 AM. The Senate Homeland Security and Government Affairs (SHSGAC) will hold a hearing on the nomination of Rand Beers to be the Department of Homeland Security's (DHS) Under Secretary for National Protection and Programs. The SHSGAC will webcast this event. See, notice. Location: Room 342, Dirksen Building.

10:00 AM - 5:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure. See, notice in the Federal Register, May 5, 2009, Vol. 74, No. 85, at Page 20741. Location: NSF, 4201 Wilson Blvd., Room 1235, Arlington, VA.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) "Internet Service Providers: International and Domestic U.S. IP Rules of the Road". The first panel will be titled "Update on United States Issues: Digital Millennium Copyright Act (DMCA), Three Strikes (Graduated Response), and Filtering". The speakers may be Jim Burger (Dow Lohnes), Sarah Deutsch (Verizon), Steve Marks (Record Industry Association of America), and Jeff Lawrence (Intel). The second panel will be titled "Survey of International Issues for ISPs". The speakers may be Christoper Boam (Verizon), Jane Mago (National Association of Broadcasters), and Jim Bouras. For more information, contact Jim Burger at jburger at dowlohnes dot com or Jennifer Ullman Jennifer dot ullman at verizon dot com. The price to attend ranges from $25 to $150. See, notice. Location: Dow Lohnes, 5th floor, 1200 New Hampshire Ave., NW.

8:00 AM - 12:00 NOON. Day two of a two day closed meeting of the Defense Intelligence Agency's National Defense Intelligence College Board of Visitors. See, notice in the Federal Register, May 8, 2009, Vol. 74, No. 88, at Page 21666.

8:30 AM - 1:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure. See, notice in the Federal Register, May 5, 2009, Vol. 74, No. 85, at Page 20741. Location: NSF, 4201 Wilson Blvd., Room 1235, Arlington, VA.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on S 424 [LOC | WW] and HR 1024 [LOC | WW], the "The Uniting American Families Act: Addressing Inequality in Federal Immigration Law". The House Judiciary Committee (HJC) has yet to hold a hearing on this bill. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Federal Communications Commission (FCC) may hold an event titled "Open Meeting". Location: FCC, Commission Meeting Room.

2:00 - 3:00 PM. The Heritage Foundation will host a panel discussion titled "Unfair Government Competition: A Threat to the U.S. Economy". The speakers will include Sen. John Thune (R-SD) and Rep. John Duncan (R-TN). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

Day three of a four day conference titled "Computers, Freedom, and Privacy 2009". See, conference web site. Location?

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