5/9. President Obama issued an Executive Order (EO) that states that the "Director of the Office of Management and Budget (OMB), in consultation with the Chief Information Officer (CIO), Chief Technology Officer (CTO), and Administrator of the Office of Information and Regulatory Affairs (OIRA), shall issue an Open Data Policy to advance the management of Government information as an asset".

This EO states in its recitation of principles that "the default state of new and modernized Government information resources shall be open and machine readable. Government information shall be managed as an asset throughout its life cycle to promote interoperability and openness, and, wherever possible and legally permissible, to ensure that data are released to the public in ways that make the data easy to find, accessible, and usable. In making this the new default state, executive departments and agencies (agencies) shall ensure that they safeguard individual privacy, confidentiality, and national security." (Parentheses in original.)

This EO also states that the federal government long ago made available both weather and Global Positioning System (GPS) data.

Todd Park, an Assistant to the President and Chief Technology Officer, stated at a news conference that this is "a historic executive order that will make information generated and stored by the federal government more open and accessible to innovators and the public to fuel entrepreneurship and economic growth while increasing government transparency and efficiency." See, transcript.

He continued that the EO "and an accompanying open data policy requires that, going forward, new and modernized federal information resources will be made available in open, machine-readable formats while appropriately safeguarding privacy, confidentiality and security."

He added that "This move will make troves of previously inaccessible or unmanageable data easily available to entrepreneurs, researchers and others who can use that data to generate new products and services, build businesses and create jobs."

Sen. Tom Carper (D-DE) stated in a release that "We must strive to enable the American people to access high-quality government information and services anywhere at any time. Making sure this data is accessible, while adhering to security standards, will make our government more inclusive and provide a valuable return on the taxpayer dollars invested in these programs."

5/10. Lois Lerner, of the Internal Revenue Service (IRS), gave a speech in Washington DC to a meeting of the American Bar Association (ABA) in which she disclosed IRS discriminatory treatment of tea party groups that had applied for tax exempt status in the run up to the 2012 elections.

Lerner stated that the IRS had targeted groups that filed applications made pursuant to 26 U.S.C. § 501(c)(4) for tax exempt status that used the words "patriots" or "tea party". This section of the Internal Revenue Code provides an exemption from the tax on corporations for "Civic leagues or organizations not organized for profit ...".

The IRS's disparate treatment included lengthy additional demands for information. Lerner stated that the IRS's actions were "incorrect" and "inappropriate".

The IRS sent to the targeted groups interrogatories that made numerous demands for information about, and copies of, online advertising, e-mail and other communications, and use of social media.

The IRS also sought information about third parties. For example, the IRS demanded information about news media that covered these targeted groups. The IRS required targeted applicants to disclose, among other things, "Interviews with news media". The IRS also demanded "copies of articles printed or transcripts of items aired". See, for example, samples of IRS interrogatories sent to targeted applicants.

Similarly, the IRS demanded the "names of donors", and propounded numerous other interrogatories related to these donors.

The IRS also sought copies of communications with members of legislative bodies.

Various IRS powers, like the Federal Communications Commission's (FCC) media ownership regulatory regime, have been exploited in the past by both Democratic and Republican administrations for improper political purposes.

Early last year the Department of the Treasury's (DOT) Treasury Inspector General for Tax Administration (TIGTA) began a report on this matter. It has not yet released this report.

Twelve Republican Senators sent a letter to the IRS on March 14, 2012 regarding this matter, and posing numerous questions. For example, they asked, "Is every 501(c)(4) applicant required to provide the IRS with copies of all social media posts, ... ?"

They also asked for "copies of all IRS inquiries sent to and responses received from Priorities USA", which is a Section 501(c)(4) entity associated with a pro-Obama political action committee.

Ten Republican Senators sent a second letter on June 18, 2012.

Also, Rep. Darrell Issa (R-CA), Chairman of the House Oversight and Government Reform Committee (HOGRC), and Rep. Jim Jordan (R-OH), Chairman of the HOGRC's Subcommittee on Regulatory Affairs, Stimulus Oversight and Government Spending, sent a letter to the IRS on June 28, 2012, regarding this matter.

Rep. Issa and Rep. Jordan stated in a release on May 10, 2013 that "The fact that Americans were targeted by the IRS because of their political beliefs is unconscionable. The Committee will aggressively follow up on the IG report and hold responsible officials accountable for this political retaliation."

The American Center for Law and Justice (ACLJ), legal counsel to some of the targeted groups, stated in a May 10, 2013 release that "Last Spring, dozens of Tea Party groups reported the IRS was not only holding up applications for tax-exempt status, it was also asking a series of intrusive questions that clearly violated the groups’ right of free association. At the ACLJ, we ultimately represented 27 Tea Parties from 18 states and began the painstaking process of resisting, group by group, the IRS's demands."

Numerous other House and Senate Republicans rushed to condemn the IRS's tactics.

Sen. Orrin Hatch (R-UT), the ranking Republican on the Senate Finance Committee (SFC), which oversees the IRS, stated in a release that this IRS tactic is "Nixonian".

He wrote that "While I'm glad to see the IRS apologize for unfairly targeting conservative groups, this frankly isn’t enough. We need to have ironclad guarantees from the IRS that it will adopt significant protocols to ensure this kind of harassment of groups -- whether liberal, conservative or moderate -- that have a constitutional right to express their own views never happens again. As several Senators and I wrote to the IRS last year, there can be no tolerance for the IRS being turned into a political weapon; it has a chilling and, frankly, Nixonian effect on those who wish to speak their mind. I will be discussing this further with the head of the IRS and expect a full briefing and report as to how this happened."

Sen. Mitch McConnell (R-KY), the Senate Minority Leader, stated in a release that "Today's acknowledgement by the Obama administration that the IRS did in fact target conservative groups in the heat of last year’s national election is not enough. Today, I call on the White House to conduct a transparent, government-wide review aimed at assuring the American people that these thuggish practices are not underway at the IRS or elsewhere in the administration against anyone, regardless of their political views."

He concluded that "This kind of political thuggery has absolutely no place in our politics."

5/7. A divided Senate confirmed David Medine to be the Chairman and a Member of the Privacy and Civil Liberties Oversight Board (PCLOB) for a term ending on January 29, 2018.

The Senate approved Medine on a roll call vote of 53-45. See, Roll Call No. 114. It was a straight party line vote. All of the yes votes were cast by Democrats. All of the no votes were cast by Republicans. However, there was little debate.

The Senate previously confirmed other nominees for the PCLOB. The Senate Judiciary Committee (SJC) held a hearing on PCLOB nominees on April 18, 2012. See, story titled "Senate Judiciary Committee Holds Hearing on PCLOB Nominees" in TLJ Daily E-Mail Alert No. 2,375, April 19, 2012.

Medine went to work in April of 2012 at the Securities and Exchange Commission (SEC) as an Attorney Fellow handling financial privacy issues in the SEC's Division of Corporate Finance.

Before that he worked for a decade at the law firm of Wilmer Hale. Before that he worked in the Executive Office of the President (EOP) at the end of the Clinton administration. Before that he worked for over a decade at the Federal Trade Commission (FTC) in its Financial Practices Division, where he worked on privacy issues.

Sen. Charles Grassley (R-IA), the ranking Republican on the SJC, stated that "At the hearing, I asked a number of questions about the various national security statutes that the Board is tasked with overseeing. This included questions about the Foreign Intelligence Surveillance Act and the PATRIOT Act. Specifically, I asked for his views on these laws. Unfortunately, the responses I received failed to provide his views. He simply stated that he would balance the views of the government against the Board's mandate to review privacy." See, Congressional Record, May 7, 2013, at Page S3104.

Sen. Grassley also said that "if we face a threat from an unfriendly nation, it is important that we have the ability to limit immigration from that country. At the least, immigration and customs agents and consular officers should be able to make decisions of admissibility solely on country of origin. I asked this same question to the other four current members of the Board -- two Democrats and two Republicans. They all answered the same way, that foreign nationals do not have the same constitutional or statutory rights as citizens and therefore U.S. officials should be able to use this as a factor in admissibility determinations. In contrast to the other four nominees, Mr. Medine argued that use of country of origin as the sole purpose was ``inappropriate.´´"

Sen. Grassley elaborated. He also raised other objections to Medine. However, none of his criticism addressed with specificity any of Medine's views regarding government use of information or communications technologies.

Sen. Patrick Leahy (D-VT), the Chairman of the SJC, spoke in support of Medine. He said that there is a need "to protect personal privacy as new technologies emerge".

He added that "In the digital age, we must do more to protect our Nation from cyber attacks. But we must do so in a way that protects privacy and respects our fundamental freedoms."

5/6. Scott Harris joined the Washington DC office of the law firm of Wilkinson Barker Knauer (WBK) as a managing partner. Bryan Tramont is the other managing partner.

Harris was previously General Counsel of Neustar. Before that, he was General Counsel of the Department of Energy (DOE). Before that, he was managing partner at the Washington DC law firm of Harris Wiltshire & Grannis, which is now Wiltshire & Grannis.

Before founding and managing that firm, he was Chief of the Federal Communications Commission's (FCC) International Bureau. From 1993 to 1996, he was Chief Counsel at the Department of Commerce's (DOC) Bureau of Export Administration (BXA), which is now the Bureau of Industry and Security (BIS).

WBK stated in a release that Blake will focus on "domestic and international telecommunications, technology, and energy law".

He is also currently Co-Chair of the FCC's Advisory Committee on the 2015 World Radio Conference. See, story titled "Harris and Cornell to Chair FCC's WRC-15 Advisory Committee" in TLJ Daily E-Mail Alert No. 2,421, August 25, 2012.

5/9. The Senate confirmed Nelson Roman to be a Judge of the U.S. District Court for the Southern District of New York by a vote of 97-0. See, Roll Call No. 118. See also, Congressional Record, May 9, 2013, at Page S3353. He was previously a Judge of the New York State Supreme Court. See, Roman's Senate Judiciary Committee (SJC) questionnaire responses, and responses to supplemental questions from individual Senators.

5/9. President Obama nominated Gregory Woods to be a Judge of the U.S. District Court for the Southern District of New York. See, White House news office release and release. Woods is currently General Counsel at the Department of Energy. Before that, he was Deputy General Counsel at the Department of Transportation. From 1998 through 2009 he worked in the New York City office of the law firm of Debevoise & Plimpton.

5/9. The Senate confirmed Shelly Dick to be a Judge of the U.S. District Court for the Middle District of Louisiana. See, Congressional Record, May 9, 2013, at Page S3353.

5/9. President Obama nominated Madeline Haikala to be a Judge of the U.S. District Court for the Northern District of Alabama. See, White House news office release and release. She has briefly served as a Magistrate Judge in this District. Before that, she worked for 22 years at the Birmingham, Alabama law firm of Lightfoot Franklin & White.

5/9. President Obama formally nominated Tom Wheeler to be member of the Federal Communications Commission (FCC) for the remainder of the term expiring June 30, 2013, and for a term of five years from July 1, 2013. See, White House news office release. The President announced on May 1 that he would make this nomination. See, story titled "Obama to Nominate Tom Wheeler to Be FCC Chairman" in TLJ Daily E-Mail Alert No. 2,556, May 1, 2013.

5/9. President Obama formally nominated Penny Pritzker to be Secretary of Commerce. See, White House news office release. He announced on May 6 that he would make this nomination. See, story titled "President Obama Picks Democratic Fund Raiser for Secretary of Commerce" in TLJ Daily E-Mail Alert No. 2,557, May 6, 2013.

5/9. President Obama nominated Rose Gottemoeller to be Under Secretary of State for Arms Control and International Security. See, White House news office release.

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Notices & Disclaimers
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The House will not meet.

The Senate will not meet.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Alcatel Lucent v. Overstock.com, App. Ct. No. 2012-1629. Panel L. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in A10 Networks v. Brocade Communications, App. Ct. No. 2012-1542, an appeal from the U.S. District Court (NDCal) in a patent infringement case involving server technology. Panel N. Location: Courtroom 203, 717 Madison Place, NW.

The House will meet at 2:00 PM in pro forma session. See, Rep. Cantor's schedule.

The Senate will meet at 2:00 PM.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Antitrust and the First Amendment". The speakers will be Emilio Varanini (California Office of the Attorney General), Eugene Volokh (UCLA Law School), John Elwood (Vinson & Elkins), Hillary Greene (University of Connecticut Law School), Frank Pasquale (Seton Hall Law School), and David Meyer (Morrison & Foerster). Free. No CLE credits. See, notice.

3:00 PM. The Senate Homeland Security and Governmental Affairs Committee (SHSGAC) will hold a hearing on the nomination of Brian Deese to be Deputy Director of the Office of Management and Budget (OMB). See, notice. Location: Room 342, Dirksen Building.

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. The House will consider under suspension of the rules HR 1580 [LOC | WW], an untitled bill that states that "It is the policy of the United States to preserve and advance the successful multistakeholder model that governs the Internet." Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule.

8:45 AM - 1:30 PM. The Center for Strategic and International Studies (CSIS) and Japan External Trade Organization (JETRO) will host an event titled "Seminar on Asia-Pacific Economic Integration". Sen. Ben Cardin (D-MD) is scheduled to speak at 8:50 AM. Hiroyuki Ishige (Ch/CEO of JETRO) is scheduled to speak at 9:35 AM. There will be a panel titled "New Developments in Asia Pacific Economic Integration" at 9:55 AM. The speakers will include Zhang Jianping (PRC's National Development and Reform Commission), Shujiro Urata (Waseda University), Hank Lim (Singapore Institute of International Affairs), Scott Miller (CSIS) and Michael Green (CSIS). Wendy Cutler (Assistant U.S. Trade Representative for Japan, Korea, and APEC Affairs) will be the luncheon speaker. See, notice. Location: CSIS, 1800 K St., NW.

9:00 - 10:00 AM. The Georgetown University's Georgetown Center for Business & Public Policy (GCBPP) will host a panel discussion titled "Spectrum Auction Policy: Potential Outcomes for Economic Growth and Public Safety". The speakers will be Douglas Eakin (American Action Forum), Robert Shapiro (Sonecon), and John Mayo (Georgetown University). Free. Breakfast will be served. See, notice and registration page. Location: Room B-340, Rayburn Building.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Processing Equipment Technical Advisory Committee (MPETAC) will meet in partially closed session. The open portion of this meeting will also be teleconferenced. See, notice in the Federal Register, Vol. 78, No. 79, April 24, 2013, at Page 24160-1. Location: DOC, Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

10:00 AM. The Senate Judiciary Committee (SJC) will continue the executive business meeting that it began on May 9, 2013. The SJC is marking up S 744 [LOC | WW], the "Border Security, Economic Opportunity, and Immigration Modernization Act". There will be a live and archived webcast. See, notice. Location: Room G-50, Dirksen Building.

10:00 AM - 12:15 PM. The American Enterprise Institute (AEI) will host an event titled "Game Changer: Japan and the Trans-Pacific Partnership Agreement". Kenichiro Sasae (Ambassador of Japan) will give the keynote address, followed by a panel discussion. The panelists will be Mac Destler (University of Maryland), Gordon Flake (Mansfield Foundation), Mireya Solis (Brookings Institution), and Claude Barfield (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

10:30 AM. The Senate Commerce Committee's (SCC) Subcommittee on Communications, Technology, and the Internet will hold a hearing titled "State of Video". The witnesses will be Gordon Smith (National Association of Broadcasters), Michael Powell (National Cable & Telecommunications Association), Stanton Dodge (DISH Network), and John Bergmayer (Public Knowledge). See, notice. Location: Room 253, Russell Building.

12:15 PM. The Senate Foreign Relations Committee (SAC) will hold a meeting to mark up several items, including S 579 [LOC | WW], a bill to direct the Secretary of State to develop a strategy to obtain observer status for Taiwan at the triennial International Civil Aviation Organization Assembly. See, notice. Location: Room S-116, Capitol Building.

12:15 - 1:30 PM. The Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "New Technologies and the Changing Face of Communications Law". The speakers will be Austin Schlick (Google), Robert Quinn (AT&T), Lynn Charytan (Comcast), Corie Wright (Netflix), Brendan Kasper (Vonage), and Justin Faulb (Eckert Seamans). For more information, contact Brendan Carr at Brendan dot Carr at fcc dot gov or Justin Faulb at Jfaulb at eckertseamans dot com. Location: Hogan Lovells, 555 13th St., NW.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a panel discussion titled "Drone Wars: Counterterrorism and Human Rights". Lunch will be served. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters. See, notice. Location: Room 219, Hart Building.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

12:00 NOON - 1:30 PM. The Institute for Policy Innovation (IPI) will host a panel discussion titled "Software Patents: A Bridge for Trolls". The speakers will be Robert Stoll (Drinker Biddle & Reath), Jon Potter (Application Developers Alliance), and Gary Greenfield. Free. Open to the public. Lunch will be served. See, notice and registration page. Location: Room 2325, Rayburn Building.

12:00 NOON - 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, Vol. 78, No. 79,  April 24, 2013, at Page 24239. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a panel discussion titled "Unfinished Business: Wireless Competition and the FCC Transition". The speakers will be Rebecca Thompson (Competitive Carriers Association), Matt Wood (Free Press), Steve Sharkey (T-Mobile), Steven Renderos (Center for Media Justice), Michael Calabrese (NAF), and Sascha Meinrath (NAF). Lunch will be served. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

1:00 PM. The House Judiciary Committee (HJC) will hold a hearing titled "Oversight of the Department of Justice". The witness will be Attorney General Eric Holder. See, notice. Location: Room 2141, Rayburn Building.

1:00 PM. The House Small Business Committee (HSBC) will hold a hearing titled "Patent Reform Implementation and New Challenges for Small Businesses". The witnesses will be Dennis Crouch (University of Missouri School of Law), Jeff Granger (The Foundry, testifying for the Medical Device Manufacturers Association), John Thomas (Georgetown University), and Mark Grady (INdigital Telecom). See, notice. Location: Room 2360, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) titled "The Road Ahead: Advanced Vehicle Technology and its Implications". The topics to be covered include vehicle to vehicle communication and communications and entertainment devices for drivers. The witnesses will be __. See, notice. Location: Room 253, Russell Building.

6:00 - 9:15 PM. The DC Bar Association will host a panel discussion titled "Can They Fire Me For Putting That on Facebook?". Julienne Bramesco (Clearspire Law), Lily Garcia (Clearspire Law), and Diane Seltzer. The price to attend ranges from $89 to $129. CLE credits. For more information, call 202-626-3488. The DC Bar has a history of barring reporters from its events. See, notice. Location: DC Bar Conference Center, 1101 K St., NW.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

Supreme Court conference day. See, Supreme Court calendar.

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, Vol. 78, No. 79,  April 24, 2013, at Page 24239. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on on Immigration and Border Security will meet. The agenda includes several non-technology related items, and a hearing on HR 1772 [LOC | WW], the "Legal Workforce Act", a bill to make employer participation in the E-Verify system mandatory. The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing on undisclosed matters. See, notice.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies will hold a hearing titled "Facilitating Cyber Threat Information Sharing and Partnering with the Private Sector to Protect Critical Infrastructure: An Assessment of DHS Capabilities". The witnesses will be __. See, notice. Location: Room 311, Cannon Building.

10:00 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Commerce, Justice and Science, and Related Agencies will hold a partially closed hearing on the FY 2014 budget for the Federal Bureau of Investigation (FBI). The witness will be FBI Director Robert Mueller. The open portion of the meeting will be held at 10:00 AM in Room 192, Dirksen Building. The closed portion will be held at 11:15 AM in Room SVC-217, Capitol Building.

12:30 AM - 5:30 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering. See, notice in the Federal Register, Vol. 78, No. 79,  April 24, 2013, at Page 24239. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property and the Internet will hold a hearing titled "A Case Study for Consensus Building: The Copyright Principles Project". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

2:00 PM. The House Ways and Means Committee's (HWMC) Subcommittee on Trade will hold a hearing titled "U.S.-EU Trade and Investment Partnership Negotiations". See, notice. Location: Room 1100, Longworth Building.

2:00 PM. The House Science Committee's (HSC) Subcommittee on Oversight will hold a hearing titled "Espionage Threats at Federal Laboratories: Balancing Scientific Cooperation while Protecting Critical Information". The witnesses will be Charles Vest (National Academy of Engineering), Larry Wortzel (Commissioner, U.S.-China Economic and Security Review Commission), Michelle Van Cleave (George Washington University), and David Major (Centre for Counterintelligence and Security Studies). See, notice. Location: Room 2318, Rayburn Building.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters. See, notice. Location: Room 219, Hart Building.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) in response to its March 14, 2013 Public Notice [4 pages in PDF] requesting comments to refresh the record regarding fraudulent 911 calls made from Non-Service Initialized (NSI) devices, blocking NSI devices used to make fraudulent 911 calls, and other possible solutions to the problem of fraudulent 911 calls from NSI devices. This item is DA 13-430 in EB Docket No. 08-51. See, notice in the Federal Register, Vol 78, No. 62, April 1, 2013, at Pages 19442-19443.

The House will meet at 9:00 AM for legislative business. See, Rep. Cantor's schedule.

8:30 AM - 2:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering. See, notice in the Federal Register, Vol. 78, No. 79,  April 24, 2013, at Page 24239. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

9:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, Homeland Security and Investigations will hold a hearing titled "Eyes in the Sky: The Domestic Use of Unmanned Aerial Systems". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.