4/27. The House passed HR 2096 [LOC | WW], the "Cybersecurity Enhancement Act of 2012" by a vote of 395-10. See, Roll Call No. 193. The Senate has not passed this bill, or the companion bill in the Senate.

Rep. Michael McCaul (R-TX) and Rep. Dan Lipinski (D-IL) introduced this bill in the House on June 2, 2011.

The House Science Committee (HSC) amended and approved the bill on July 21, 2011. See, story titled "House Science Committee Approves Cyber Security Bill" in TLJ Daily E-Mail Alert No. 2,268, July 24, 2011.

Title I of the bill pertains to cyber security research and development, and education.

Title II of the bill pertains to federal cyber security standards. It requires that the National Institute of Standards and Technology (NIST) shall "ensure coordination of Federal agencies engaged in the development of international technical standards related to information system security" and write for the Congress "a plan for ensuring such Federal agency coordination".

Rep. McCaul stated in the House that "China has already successfully stolen some of our biggest military secrets, such as information about the F 35 Joint Strike Fighter, the Department of Defense's biggest weapons program ever. Now they know the program well enough not only to copy it, but to guard against it. Similar attacks continue unabated on our military's computer systems. Hackers trick soldiers into downloading viruses onto their computers, after which every keystroke is recorded. Mr. Speaker, our military secrets are being stolen every day."

He continued that "it is part of China and Russia's national policy to try to identify and take sensitive technology which they need for their own development. In fact, they train and have a cyberwarfare college. The degradation of our national security and intellectual property from cybertheft threatens to weaken us where we have historically been strong. The NSA calculates that Russia and China have stolen $1 trillion in American intellectual property, the biggest transfer of wealth in history. Their philosophy is: Why invent when you can steal it?"

He stated that this bill gives the NIST "authority to set security standards for Federal computer systems and develop checklists for agencies to follow." He asserted that this "hardens our Federal networks ... and make them less vulnerable to such an attack".

He stated that this bill also "creates a Federal/university/private sector task force to coordinate research and development. It establishes cybersecurity research and development grant programs and improves the quality of our cyber workforce by creating a scholarship program."

Rep. McCaul also said that "it creates an education and awareness program for computer hygiene".

And, "it sets forth procurement standards for hardware and software that will minimize security risks. This will also have a ripple effect in the private sector so that they will also adopt such procurement standards".

Rep. Lipinski added that this bill "requires relevant Federal agencies to work with the National Science and Technology Council to develop a national strategic plan for cybersecurity R&D that sets priorities based on risk assessments, focuses on transformational technology, and strengthens technology transfer programs. It will build on infrastructure that we need to get the best ideas out of the lab and into the marketplace. And because people are perhaps the weakest link in many IT systems, the research strategy will include the social sciences to help us better understand how humans interact with technology."

Sen. Robert Menendez (D-NJ) introduced the companion bill in the Senate, S 1152 [LOC | WW], also titled the "Cybersecurity Enhancement Act of 2011", on June 7, 2011. It was referred to the Senate Commerce Committee (SCC), which has taken no action on this bill.

4/27. The House passed HR 3834 [LOC | WW], the "Advancing America's Networking and Information Technology Research and Development Act of 2012", by voice vote.

Rep. Ralph Hall (R-TX) introduced this bill on January 27, 2012. The House Science Committee (HSC) amended and approved the bill on February 7, 2012.

This bill revises the Networking and Information Technology Research and Development (NITRD) program.

Rep. Hall (at right) stated in the House that "This program is an important component of our Nation's cybersecurity efforts, and it is critical to our overall networking and information technology research and development in general. It's a product of the High-Performance Computing Act of 1991 and represents and coordinates the Federal Government's nearly $4 billion R&D investment in unclassified networking, computing, software, cybersecurity, and related information technologies."

He continued that "The bill before us today updates the underlying high-performance computing statute that has been in place for 20 years and codifies the work the National Coordination Office already undertakes."

4/30. The House Judiciary Committee (HJC) released a report [17 pages in PDF] titled "The Obama Administration's Disregard of the Constitution and Rule of Law". This is a "Chairman's Report", prepared under the direction of Rep. Lamar Smith (R-TX), Chairman of the HJC.

HJC Democrats leveled similar accusations at the Department of Justice (DOJ) during the Bush administration.

All of the matters discussed in this report pertain to matters that do not implicate information and communications technology (ICT).

This report states that "Rather than fulfilling the Attorney General's oath to "support and defend the Constitution of the United States" and the President's Constitutional responsibility to "take care that the laws be faithfully executed," the Justice Department in the Obama Administration, under the leadership of Attorney General Eric H. Holder, Jr., has repeatedly put its partisan agenda ahead of its Constitutional duties."

This report adds that there is a "pattern of pushing partisan ideology rather than neutrally enforcing the law", and that this DOJ has "disregard for Congressional oversight and contempt for judicial review".

There is an argument to be made that the the DOJ under the leadership of Eric Holder has failed to defend the 4th Amendment rights of citizens against infringements by federal law enforcement agencies in the context of new ICT, and that the DOJ has failed to take care that the surveillance statutes have been faithfully executed. However, on these issues, Rep. Smith and AG Holder are in agreement. Hence, the just released report is silent on this subject.

4/27. Sen. Charles Grassley (R-IA) ended his holds on the nominations of Jessica Rosenworcel and Ajit Pai to be Commissioners of the Federal Communications Commission (FCC).

The Senate did not meet on April 27. It is in recess the week of April 30 through May 4. It could confirm these two nominees as early as May 7.

Sen. Grassley placed these holds, not in objection to the nominees, but because of the FCC's handling of the LightSquared matter, and its refusal to provide him information.

See, stories titled "NTIA Concludes There is No Practical Way to Mitigate LightSquared's Proposed Broadband Network's Interference to GPS" and "FCC Backtracks on LightSquared" in TLJ Daily E-Mail Alert No. 2,337, February 15, 2012.

Sen. Grassley (at right) stated in a release that "Exactly one year ago today, I wrote my first letter to the FCC on LightSquared. At that time, headlines were describing interference concerns between LightSquared and Global Positioning System devices. LightSquared’s primary backer was in the news over having attracted the Securities and Exchange Commission’s attention. I wondered why the FCC had given expedited preliminary approval to a project led by someone under SEC investigation and with seemingly serious interference concerns. I began seeking the FCC’s insight into its decision-making on this project. The agency turned out to be among the least responsive I’ve ever come across in 30 years of conducting constitutional oversight of the executive branch of government."

Sen. Grassley continued that "As I began my investigation, facts came to light that raised more questions about the FCC’s actions. E-mails showed that LightSquared’s CEO sought meetings with the White House while mentioning attendance at fundraisers for President Obama. Then, news reports showed the White House pressured a four-star general to downplay the threat LightSquared posed to GPS."

He also wrote that "I continued to seek the information on the general principle that the public’s business ought to be public. The FCC continued to stonewall, so I placed a hold on two FCC commissioner nominees in an effort to get the information I requested. Still, the agency stonewalled."

Sen. John Rockefeller (D-WV) stated in a release that "I am glad that the unreasonable hold against two qualified and smart FCC nominees, Jessica Rosenworcel and Ajit Pai, has been lifted. They are each ready to do this tough job and I especially want to thank Leaders McConnell and Reid for working cooperatively to advance these nominations in the face of stubborn delay tactics. That type of bipartisan cooperation bodes well for the success of Rosenworcel and Pai and I am anxious for the full Senate to vote on their nominations in May."

4/26. The Senate confirmed Gregg Costa to be a Judge of the U.S. District Court for the Southern District of Texas by a vote of 97-2. See, Roll Call No. 83 and Congressional Record, April 26, 2012, at Page S2889.

4/26. The Senate confirmed David Guaderrama to be a Judge of the U.S. District Court for the Western District of Texas. See, Congressional Record, April 26, 2012, at Page S2889.

4/26. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved the nomination Michael Shea to be United States District Judge for the District of Connecticut by a vote of 15-3.

4/26. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved the nomination Gonzalo Curiel to be United States District Judge for the Southern District of California by voice vote.

4/26. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved the nomination Robert Shelby to be United States District Judge for the District of Utah by voice vote.

4/25. President Obama nominated Terrence Berg to be a Judge of the U.S. District Court for the Eastern District of Michigan. See, White House news office release and release.

4/25. President Obama nominated Jesus Bernal to be a Judge of the U.S. District Court for the Central District of California. See, White House news office release and release.

4/25. President Obama nominated Shelly Dick to be a Judge of the U.S. District Court for the Middle District of Louisiana. See, White House news office release and release.

4/25. President Obama nominated Lorna Schofield to be United States District Judge for the Southern District of New York. See, White House news office release and release. She has worked for the law firm of Debevoise & Plimpton since 1988.

The Senate will not meet on the week of Monday, April 30, through Friday, May 4.

The Senate will not meet on the week of Monday, April 30, through Friday, May 4.

12:30 - 1:30 PM. The Federal Communications Commission (FCC) will hold an event at which David Robbins and other FCC employees will discuss social media and the FCC web site. The FCBA asserts that this is an FCBA event. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:30 - 2:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Twombly, Iqbal and the State Courts: a Resurgence of Notice Pleading?". See, Supreme Court's 2007 opinion in Bell Atlantic v. Twombly, 550 U.S. 544, and story titled "Supreme Court Rules in Bell Atlantic v. Twombly" in TLJ Daily E-Mail Alert No. 1,585, May 22, 2007. The speakers will be Mel Schwarz (Marsh & McLennan Companies), Barbara Sicalides (Pepper Hamilton), Ned Cavanagh (St. John's University Law School), Barry Barnett (Susman Godfrey), and Geoff Holtz (Bingham McCutchen). Free. No. CLE credits. See, notice and registration page.

9:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Sensors and Instrumentation Technical Advisory Committee (SITAC) will meet. See, notice in the Federal Register Vol. 77, No. 75, Wednesday, April 18, 2012, at Page 23222. Location: DOC, Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:30 - 11:00 AM. The Progressive Policy Institute (PPI) will host a panel discussion titled "The Economic Implications of the Wireless Boom". The speakers will include Roger Entner (Recon Analytics), Jim Cicconi (AT&T), Thomas Hazlett (George Mason University), and Michael Mandel (PPI). See, notice. Location: Murrow Room, National Press Club.

1:00 - 2:00 PM. The law firm of Fulbright & Jaworski will host a webcast seminar titled "International E-Discovery: When Cyber Workspaces Collide with U.S. Litigation". CLE credits. See, notice and registration page.

1:00 - 2:00 PM. American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Privacy and Information Security Update". The speakers will be Benita Kahn (Vorys Sater Seymour & Pease), Reed Freeman (Morrison Foerster), Julie O’Neill (MoFo), and Nicholas Datlowe (MoFo). Free. No CLE credits. See, notice. Register by sending an e-mail to Jeanne Welch at jawelch at vorys dot com.

6:00 - 9:00 PM. The DC Bar Association will host a presentation titled "Antitrust Basics for Non-Antitrust Lawyers". The speakers will be William Kovacic (George Washington University), Michael Brockmeyer (Frommer Lawrence & Haug), Robert Hauberg (Baker Donelson), and Grace Kwon (Dewey & LeBoeuf). Free. No CLE credits. No registration required. Reporters are barred from attending most DC Bar events. See, notice. For more information, call 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) [339 pages in PDF] regarding it Lifeline and Link Up universal service tax and subsidy programs. The FCC adopted this FNPRM on January 31, 2012 and released the text on February 6, 2012. It is FCC 12-11 in WC Docket Nos. 11-42, 03-109, and 12-23, and CC Docket No. 96-45. See, notice in the Federal Register, Vol. 77, No. 42, Friday, March 2, 2012, at Pages 12784-12791.

8:00 AM - 12:00 NOON. The FedScoop will host an event titled "3rd Annual Cloud Shoot-Out & Cybersecurity Summit". The price to attend is $195; it is free for government and reporters. See, notice. Location: Newseum, 555 Pennsylvania Ave.,  NW.

12:30 - 2:00 PM. The American Intellectual Property Law Association (AIPLA) will host a webcast presentation titled "Patent Prosecution Under the AIA: Strategies For Before, During and After the Transition to First to File". The speakers will be Joseph Matal (Sen. Jon Kyl's Senate Judiciary Committee counsel) and Courtney Brinckerhoff (Foley & Lardner). CLE credits. CD, MP4 download, archived webcast, and other formats available. Prices vary. See, registration page.

12:30 - 1:30 PM. The Internet Innovation Alliance (IIA) will host a panel discussion titled "20 Years Later: Are We Winning or Losing the Spectrum War?". The speakers will include Bret Swanson (Entropy Economics), Morgan Reed (Association for Competitive Technology), Bruce Mehlman (IIA) and Jamal Simmons (IIA). Lunch will be served. Free. See, notice. Location: Room B-338, Rayburn Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to NextG Networks of California, Inc.'s December 21, 2011, Petition for Declaratory Ruling (part 1 and part 2) regarding whether it is a "commercial mobile radio service" or "CMRS" within the meaning of the FCC's rules. See, FCC's Wireless Telecommunications Bureau's (WTB) February 16, 2012 Public Notice (DA 12-202 in WT Docket No. 12-37). See also, notice in the Federal Register, Vol. 77, No. 39, Tuesday, February 28, 2012, at Pages 12055-12056. And see, NextG Networks web site.

9:00 AM - 12:00 NOON. The Net Caucus will host an event titled "State of the Mobile Net Conference". At 9:00 AM there will be a panel titled "Complex Devices / Complex Privacy Questions: Grappling With Privacy In the Mobile Space". At 10:15 AM, Jason Weinstein, Deputy Assistant Attorney General in the DOJ's Criminal Division will address "Location Tracking by the Government After Jones: What Jones Tells Us About Mobile Phone and App Tracking". At 10:45 AM - 12:00 NOON, there will be a panel titled "Megabytes by the Morsel and Data by the Dollop: How Will New Mobile Data Plans Affect Consumers, Innovation and the Mobile Marketplace?". See, notice. Location: Reserve Officers Association Building, 5th Floor, One Constitution Ave., NE.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch titled "The WRC: A Look Back and A Look Forward". The speaker will be Decker Anstrom, head of the US delegation to the 2012 ITU World Radiocommunication Conference in Geneva, Switzerland on January 23 through February 17, 2012. For more information, contact Chris Murphy chris dot murphy at inmarsat dot com. Location: Wiley Rein, 1776 K St., NW.

1:00 - 2:00 PM. The American Bar Association's (ABA) State and Local IT Procurement Committee will meet by teleconference. The call in number is 1-888-684-4447. The passcode is 8504255612. Free. No CLE credits. See, notice. For more information, contact Karen Walker (Holland & Knight) at 850-425-5612 or karen dot walker at hklaw dot com.

2:00 - 3:00 PM. The Heritage Foundation (HF) will host a panel discussion titled "Assessing Prime Minister Noda’s Visit and the U.S. Military Realignment Plan in the Pacific". See, notice. Location: HF, 214 Massachusetts Ave., NE.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) that seeks comment regarding whether to fund Rural Health Care Pilot Program participants who will exhaust funding allocated to them before or during funding year 2012 (July 1, 2012 - June 30, 2013). The FCC's Wireline Competition Bureau (WCB) released this PN on February 27, 2012. It is DA 12-273 in WC Docket No 02-60. See, notice in the Federal Register, Vol. 77, No. 47, Friday, March 9, 2012, at Pages 14364-14366.

1:00 - 4:00 PM. The Department of State's (DOS) State Advisory Committee on Private International Law's (ACPIL) Online Dispute Resolution Study Group will meet to discuss the next session of the United Nations Commission on International Trade Law (also know as UNCITRAL) ODR Working Group, scheduled for May 21 through May 25, 2012, in New York City. The DOS states that the UN working group is "developing generic ODR procedural rules for resolution of cross-border electronic commerce disputes", among other things. See, notice in the Federal Register, Vol. 77, No. 75, Wednesday, April 18, 2012, at Pages 23318-23319. Location: DOS, Truman Building, Room 6320, 2201 C St., NW.

Deadline to submit nominations for co-chairmen of the Federal Communications Bar Association's (FCBA) Young Lawyers Committee. Send nominations to Mark Brennan at mark dot brennan at hoganlovells dot com and Brendan Carr BCarr at wileyrein dot com. The election will be held on May 14.

The House will meet at 2:00 PM.

The Senate will meet at 2:00 PM. It will resume consideration of the motion to proceed to S 2343 [LOC | WW], the Stop Student Loan Interest Rate Hike Act, a bill that would create a new subsection in the Internal Revenue Code pertaining to employment tax treatment of professional service businesses. This bill would also delay for one year an interest rate increase for government student loans.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Geospan Corporation v. Pictometry International, App. Ct. Nos. 2011-1380 and 2012-1032. Panel C. Location: Courtroom 203.

5:00 PM. Deadline to submit comments to the Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology (NCOHIT) regarding its proposed health information technology rules. See, notice in the Federal Register, Vol. 77, No. 45, Wednesday, March 7, 2012, at Pages 13832-13885.

Deadline to submit comments to the Securities and Exchange Commission (SEC) and Commodities Futures Trading Commission (CFTC) regarding their joint proposed identity theft rules. See, notice in the Federal Register, Vol. 77, No. 44, Tuesday, March 6, 2012, at Pages 13450-13478.

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