5/19. Rep. Ed Markey (D-MA) and Rep. Joe Barton (R-TX) sent a letter [PDF] to Jonathan Leibowitz, Chairman of the Federal Trade Commission (FTC), regarding "recent revelations that Google captured consumers' Wi-Fi signals while developing its street view mapping feature".

The two wrote that "Google collected more than just pictures when its camera-equipped vehicles drove through neighborhoods: it also recorded Wi-Fi signals and their associated Service Set Identifiers".

They also noted that Google has "collected private email and Internet surfing data", and asked "Did Google collect passwords associated with Internet usage by consumers?"

The two Representatives asked whether the FTC is "investigating this matter". They also asked if "Google's data collection practices with respect to Wi-Fi networks violate the public's reasonable expectation of privacy" and whether Google's collection of data regarding Wi-Fi or internet usage "form the basis of an unfair or deceptive act or practice".

They also asked if these actions are currently illegal under federal statute, and, if FTC action is warranted, but it lacks "authority to take necessary action", what "legislative language" would the FTC recommend that the Congress enact.

Rep. Markey is a senior member of the House Commerce Committee (HCC). Rep. Barton is the ranking Republican.

On May 4, 2010, Rep. Rick Boucher (D-VA) and Rep. Cliff Stearns (R-FL), also senior members of the HCC, released a discussion draft [27 pages in PDF] of a bill that would regulate the collection, use and expression of information. Its purpose is protecting individual privacy. It would affect activities such as Google's. See, story titled "Rep. Boucher and Rep. Stearns Release Discussion Draft of Privacy Bill", and related stories, in TLJ Daily E-Mail Alert No. 2,082, May 5, 2010.

5/17. Jonathan Leibowitz, Chairman of the Federal Trade Commission (FTC), sent a letter [PDF] on May 11, 2010, to Rep. Ed Markey (D-MA), a senior member of the House Commerce Committee (HCC), regarding the "privacy risks associated with the use of digital copiers". His letter responds to a letter [PDF] sent by Rep. Markey to Leibowitz on April 29, 2010.

Rep. Markey wrote that the hard drives in digital copiers operate similarly to computer hard drives, and "represent a treasure trove for thieves, leaving unwitting consumers vulnerable to identity theft a the Social Security Numbers, birth certificates, medical records, bank records and other personal information are exposed to individuals who could easily extract the data from the digital copiers' hard drive and use it for criminal purposes".

He asked about "any actions the Commission has taken to investigate this issue".

Leibowitz responded that the FTC "is now reaching out to copier manufacturers, resellers, and retail copy and office supply stores to ensure that they are aware of the privacy risks associated with digital copiers and to determine whether they are warning their customers about these risks, whether they are providing education and guidance on this subject, and whether manufacturers and resellers are providing options for secure copying".

The FTC Chairman added that the FTC is "reaching out to government contracting officials to advise them of the risks associated with the use of digital copiers and ensure that the government is taking measures to protect the information we collect from the public".

Rep. Markey stated in a release on May 17, 2010, that "I am very pleased to learn that the FTC is investigating this important matter, which most consumers are unaware of when they place their tax returns, financial records and other personal information on the copier and hit the `Start´ button."

5/19. The Senate Commerce Committee (SCC) announced that its Subcommittee on Communications, Technology, and the Internet will hold a hearing on May 26, 2010, titled "Innovation and Inclusion: The Americans with Disabilities Act at 20".

On May 4, 2010, Sen. Mark Pryor (D-AR) introduced S 3304 [LOC | WW], the "Equal Access to 21st Century Communications Act". The Americans with Disabilities Act (ADA), in its Title III, regulates physical architecture and construction of public accommodations to facilitate accessibility by persons with disabilities. It does not reach the internet. This bill would, among other things, regulate accessibility of communications, the internet, software and electronic devices. However, it would do so by amending the Communications Act, not Title III of the ADA.

The SCC stated in a release that this hearing will address S 3304. Sen. John Kerry (D-MA), the Subcommittee Chairman, and a cosponsor of the bill, stated in this release that "no one should be or has to be excluded from modern communications and the new economy because of a disability".

Sen. Kerry (at left) added that "It's been twenty years since the Americans with Disabilities Act knocked down barriers to employment and government services -- and now it's time to do the same thing blocking people with disabilities from getting online."

The other two original cosponsors of S 3304 are Sen. Byron Dorgan (D-ND) and Sen. Kent Conrad (D-ND).

Title III of the ADA regulates the physical architecture and construction of public accommodations, and requires the removal of barriers. It is codified at 42 U.S.C. §§ 12181-12189.

42 U.S.C. § 12182 provides, in part, that "No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation". 42 U.S.C. § 12183 provides that "as applied to public accommodations ... discrimination ... includes ... a failure to design and construct facilities for first occupancy ... that are readily accessible to and usable by individuals with disabilities ..." See also, story titled "Summary and the ADA" in TLJ Daily E-Mail Alert No. 2,080, April 26, 2010.

Title III only affect "public accommodations", and the statutes definition does not cover the internet and new technologies. However, proponents of expanding disability rights to include the internet and new information technologies argue that Title III does cover these things.

Moreover, the head of the Department of Justice's (DOJ) Civil Rights Division (CRD) stated at a House Judiciary Committee (HJC) hearing on April 22, 2010, that the CRD intends to write regulations that will expand the reach of the Americans with Disabilities Act (ADA) to regulate the internet and new technologies. See, story titled "DOJ CRD May Write Regulations to Expand the ADA to Cover the Internet and Information Technologies" in TLJ Daily E-Mail Alert No. 2,080, April 26, 2010.

The Pryor bill, S 3304, however, would not amend Title III of the ADA. Rather, it would create a new disability related regulatory regime codified within the Communications Act. Sen. Pryor and Sen. Kerry are members of the SCC, which has jurisdiction over communications law. The Senate Judiciary Committee (SJC) has jurisdiction over Title III of the ADA. None of its members are cosponsors of S 3304.

For example, the Pryor bill mandates that "a manufacturer of equipment used for advanced communications, including end user equipment, network equipment, and software, shall ensure that equipment and software that such manufacturer designs, develops, and fabricates shall be accessible to, and usable by individuals with disabilities".

The bill also defines "advanced communications" as "Internet-based protocol, or any successor protocol, based devices and services that transmit voice, video conferencing, and text communications, and any application or service accessed over the Internet that provides for voice, video conferencing, or text communications, as determined necessary" by the FCC.

The bill also provides that "a provider of advanced communications shall ensure that services offered by such provider are accessible to, and usable, by individuals with disabilities".

Also, on June 26, 2009, Rep. Ed Markey (D-MA), a senior member of the House Commerce Committee (HCC), introduced HR 3101 [LOC | WW], the "Twenty-first Century Communications and Video Accessibility Act of 2009". It now has 47 mostly Democratic cosponsors. There has been no hearing on or markup of HR 3101 by any Subcommittee or by the full HCC.

Both HR 3101 and S 3304 are long and complex bills that would greatly expand FCC authority to regulate not only communications connected to the PSTN, but also a wide range of new and emerging information technologies, including consumer electronics devices and software. While they are directed at disability issues, they would also have the effect of expanding FCC authority in other areas.

The two bills are structured similarly, but have numerous differences.

Currently, Title IV of the ADA regulates telecommunications services for hearing and speech impaired persons. It is codified at 47 U.S.C. § 225. This section provides, in part, that the FCC "shall ensure that interstate and intrastate telecommunications relay services are available, to the extent possible and in the most efficient manner, to hearing-impaired and speech-impaired individuals in the United States".

5/20. Dennis Blair, the Director of National Intelligence, announced that he will resign. President Obama picked Blair for DNI only 16 months ago. Blair stated in the web site of the Office of the DNI that "I informed the President today that I will step down as Director of National Intelligence effective Friday, May 28th". See also, statement by President Obama.

5/20. The Senate Judiciary Committee (SJC) held over consideration of the nominations of Robert Chatigny to be a Judge of the U.S. Court of Appeals (2ndCir) and John Gibney to be a Judge of the U.S. District Court (EDVa).

5/20. President Obama nominated Susan Carney to be a Judge of the U.S. Court of Appeals (2ndCir). See, White House news office release and release. She is Deputy General Counsel of Yale University.

5/20. President Obama nominated Robert Wilkins to be a Judge of the U.S. District Court (DC). See, White House news office release and release. Wilkins is a partner in the Washington DC office of the law firm of Venable. He is a criminal defense attorney who has also worked on intellectual property cases.

5/20. President Obama nominated Judge Edward Davila to be a Judge of the U.S. District Court (NDCal). See, White House news office release and release. Davila is currently a Judge of the Superior Court of the state of California, for Santa Clara County. Before that he was a partner in the law firm of Davila & Polverino.

5/20. President Obama nominated Anthony Battaglia to be a Judge of the U.S. District Court (SDCal). See, White House news office release and release. He has been a magistrate judge in the Southern District of California since 1983.

5/19. Sen. Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee (SJC), announced that the SJC will begin its hearing on the nomination of Elena Kagan to be a Justice of the Supreme Court on June 28, 2010.

5/19. John Flynn was named Senior Counsel to the Chairman for Transactions at the Federal Communications Commission (FCC). Transactions is the FCC's euphemism for antitrust merger reviews. The FCC stated in a release that Flynn "will head the working team that is conducting the review of the proposed Comcast/NBC Universal merger". Flynn was previously General Counsel of ICO Global Communications.

5/17. President Bush nominated John Pistole to be Assistant Secretary of Homeland Security, and head of the Transportation Security Administration (TSA). See, White House news office release and release. Kip Hawley, a Bush appointment, last held this position. President Obama's previous picks for this position encountered Senate opposition. Pistole is currently Deputy Director of the Federal Bureau of Investigation (FBI).

5/14. Whitfield Diffie was named Vice President for Information Security and Cryptography at the Internet Corporation for Names and Numbers (ICANN). See, ICANN release. He was previously a long time senior employee at Sun Microsystems.

5/14. Barbara Esbin will head the Washington DC office of the law firm of Cinnamon Mueller, where she will represent the American Cable Association and other clients. She currently works at the Progress & Freedom Foundation (PFF), a Washington DC based free market think tank. She has written numerous papers and comments on communications issues. See for example, her most recent paper [12 pages in PDF], titled "Ancillariness, the Definition Wars, and the Next Communications Act". Before joining the PFF, she held various positions at the Federal Communications Commission (FCC), including Associate Bureau Chief of the Media Bureau. She wrote the landmark 1998 FCC paper [129 pages in PDF] titled "Internet Over Cable: Defining the Future in Terms of the Past".

5/5. David Mao was named Deputy Law Librarian of Congress. It is a new position. He will begin in late June. He is currently head of the American Law Consulting Section in the Congressional Research Service in the Library of Congress.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of May 17.

The House and Senate will hold a joint session at about 11:00 AM to hear a speech by Felipe Calderón Hinojosa, President of Mexico.

9:00 AM - 3:30 PM. The U.S.-China Economic and Security Review Commission will hold a meeting titled "China's Emergent Military Aerospace and Commercial Aviation Industry". See, notice in the Federal Register, April 29, 2010, Vol. 75, No. 82, at Page 22690. Location: Room 106, Dirksen Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nominations Robert Chatigny to be a Judge of the U.S. Court of Appeals (2ndCir), and John Gibney to be a Judge of the U.S. District Court (EDVa). The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

11:00 AM - 6:00 PM. The New America Foundation (NAF) will host an event titled "Future of Music Coaltion: DC Policy Day 2010". See, notice. Location: NAF, Suite 400, 1899 L St., NW.

9:00 - 11:00 AM. The Progress & Freedom Foundation (PFF) will host a conference titled "Can Government Help Save the Press?" The PFF sates states that "This conference will discuss the FCC's new ``Future of Media´´ proceeding and debate what role government should play in subsidizing the press or bailing out failing media enterprises." Location: Ronald Reagan Building and International Trade Center, International Gateway Room, Mezzanine Level, 1300 Pennsylvania Ave., NW

2:30 PM. The Senate Appropriations Committee (SAC) will hold a hearing on the FY 2011 budget for the Federal Trade Commission (FTC). FTC Chairman Jonathan Liebowitz will testify. Location: Room 192, Dirksen Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on the nomination of Carl Wieman to be Associate Director for Science at the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP). See, notice. Location: Room 253, Russell Building.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation by Baba Shiv (Stanford University business school). For more information, contact Loren Smith at lsmith2 at ftc dot gov or Tammy John at tjohn at ftc dot gov. Location: FTC, ground floor Conference Center, 601 New Jersey Ave., NW.

The House will meet at 9:00 AM. There will be no votes in the House. See, Rep. Hoyer's schedule for the week of May 17.

The Senate will not meet.

8:30 AM - 5:00 PM. The Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) President's Council of Advisors on Science and Technology (PCAST) will hold a partially closed meeting. See, notice in the Federal Register, April 29, 2010, Vol. 75, No. 82, at Pages 22635-22636. Location: Keck Center of the National Academies, Room Keck 100, 500 5th St., NW.

9:30 AM - 5:00 PM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. See, notice in the Federal Register, May 5, 2010, Vol. 75, No. 86, at Pages 24700-24701. Location: FCC, Commission Meeting Room.

10:00 - 12:00 NOON. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Standards Committee's Clinical Quality Workgroup will hold a webcast meeting. See, notice in the Federal Register, April 26, 2010, Vol. 75, No. 79, at Page 21629. The ONCHIT publishes inconsistent information about its meetings in the Federal Register and its web site.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding robocalls, and revisions to FCC rules under the Telephone Consumer Protection Act (TCPA) that would harmonize those rules with the Federal Trade Commission's (FTC) recently amended Telemarketing Sales Rule (TSR). This FCC adopted this NPRM on January 20, 2010, and released the text [37 pages in PDF] on January 22, 2010. It is FCC 10-18 in CG Docket No. 02-278. See, notice in the Federal Register, March 22, 2010, Vol. 75, No. 54, at Pages 13471-13482. See also, story titled "FCC Adopts NPRM Regarding Limiting Some Robocalls" in TLJ Daily E-Mail Alert No. 2,037, January 20, 2010.

12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "Nuts & Bolts of Online Privacy, Advertising, Notice & Choice". The speakers will be Lorrie Cranor, Ari Schwartz (Center for Democracy and Technology), Shane Wiley (Yahoo), and Berin Szoka (PFF). Lunch will be served. Location: Rooom 2123, Rayburn Building.

Deadline to submit comments to the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs regarding the Department of Homeland Security's (DHS) National Protection and Programs Directorate's (NPPD) Office of Emergency Communications' (OEC) Information Collection Request (ICR) to the OMB. See, notice in the Federal Register, April 22, 2010, Vol. 75, No. 77, at Page 21011.

Deadline for applicants for new analog low power television and TV translator stations to submit to the Federal Communications Commission's (FCC) Media Bureau (MB) amendments to pending applications to specify digital operations. See, Public Notice.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding amending the FCC's amateur radio service rules with respect to amateur radio operations during government sponsored emergency preparedness and disaster readiness drills and tests. The FCC adopted its NPRM on March 18, 2010, and released the text [8 pages in PDF] on March 24, 2010. It is FCC 10-45 in WP Docket No. 10-72. See, notice in the Federal Register, April 22, 2010, Vol. 75, No. 77, at Pages 20951-20954.

RESCHEDULED FOR JUNE 15. Federal Communications Commission (FCC) Auction 87, for the lower and upper paging bands, is scheduled to begin. See, Public Notice (DA 09-2416), notice of error in Public Notice, and notice in the Federal Register, December 18, 2009, Vol. 74, No. 242, at Pages 67221-67226. This is AU Docket No. 09-205.

9:00 - 11:00 AM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Standards Committee's Clinical Operations Workgroup/Vocabulary Task Force will hold a webcast meeting. See, notice in the Federal Register, April 26, 2010, Vol. 75, No. 79, at Page 21629. The ONCHIT publishes inconsistent information about its meetings in the Federal Register and its web site.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a seminar titled "Digital Platforms 101". The speakers will be Melissa Devita (FLO TV), Steve Gordon (author of the book [Amazon] titled "The Future of Music Business: How to Succeed with the New Digital Technologies"), and Gary Greenstein (Wilson Sonsini Goodrich & Rosati). See, notice. Prices vary. This event qualifies for continuing legal education (CLE) credits. The ABA will teleconference and webcast this event.

5:00 PM. Deadline to submit "Letters of Understanding" to the National Institute of Standards and Technology (NIST) regarding participation in the NIST's "Phase III of the benchmark research for voting equipment used in an election in 2008". See, notice in the Federal Register, March 26, 2010, Vol. 75, No. 58, at Page 14575.

5:00 PM. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) and the Department of Commerce's (DOC) International Trade Administration (ITA) in response to the joint request for comments regarding the Industry Trade Advisory Committee (ITAC) component of the trade advisory committee system. See, notice in the Federal Register, April 27, 2010, Vol. 75, No. 80, at Pages 22121-22122.

6:00 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Video Programming and Distribution Committee will host an event titled "Emerging Issues in the Distribution of Video Programming". This event qualifies for continuing legal education credits. The price to attend ranges from $25 to $150. The deadline to register is May 21. See, registration form. Location: Wiley Rein, 1776 K St., NW.

9:00 AM - 5:15 PM. The Department of Justice's (DOJ) Antitrust Division, Federal Trade Commission (FTC), and the U.S. Patent and Trademark Office (USPTO) will hold a joint public workshop on "the intersection of patent policy and competition policy and its implications for promoting innovation". See, notice. Location: USPTO, Madison Building Auditorium, 600 Dulany Street, Alexandria, VA.

? 9:00 AM - 1:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONC/HIT) HIT Standards Committee will a webcast meeting. See, notice in the Federal Register, April 26, 2010, Vol. 75, No. 79, at Pages 21628-21629. The ONCHIT publishes inconsistent information about its meetings in the Federal Register and its web site.

2:30 PM. The Senate Commerce Committee's (SCC) Subcommittee on Communications, Technology, and the Internet will hold a hearing titled "Innovation and Inclusion: The Americans with Disabilities Act at 20". See, notice. Location: Room 253, Russell Building.

11:59 PM. Extended deadline to submit to the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP) responses to OSTP's Request for Information regarding commercialization of university research. See, original notice in the Federal Register, March 25, 2010, Vol. 75, No. 57, at Pages 14476-14478, and notice of extension of deadline in the Federal Register, April 26, 2010, Vol. 75, No. 79, at Page 21686.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nominations Robert Chatigny to be a Judge of the U.S. Court of Appeals (2ndCir), John Gibney to be a Judge of the U.S. District Court (EDVa). The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Judicial Practice Committee will host a brown bag lunch titled "Citizens United and Media Companies -- What are the Practical and Political Implications of the Supreme Court's Decision for Media Companies?" The speakers will be Caleb Burns (Wiley Rein), Meredith McGehee (Campaign Legal Center), and Mark Schneider (Service Employees Int'l Union). Location: Wiley Rein, 1776 K St., NW.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation by Adair Morse (University of Chicago business school). For more information, contact Loren Smith at lsmith2 at ftc dot gov or Tammy John at tjohn at ftc dot gov. Location: FTC, ground floor Conference Center, 601 New Jersey Ave., NW.

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 1998-2010 David Carney. All rights reserved.