| Bush Proposes Legislation
to Create Department of Homeland Security |
6/18. President Bush sent to the Congress proposed
legislation to create a Department of Homeland Security
(DHS). The bill would, among other things, create an Under
Secretary for Information Analysis and Infrastructure
Protection. The bill defines this section's responsibilities,
lists existing entities to be transferred to it, gives it
broad authority to obtain information from other federal
entities, and creates a broad Freedom of Information Act
exemption for information provided voluntarily to it by non
federal entities.
See also, White House section by section analysis
of the Homeland Security Act of 2002, and Bush's message
to Congress.
Units to Be Transferred. The existing federal
government entities to be transferred to the DHS include all
operations of the Federal Bureau
of Investigation's (FBI) National
Infrastructure Protection Center (NIPC), except for NIPC's
Computer Investigations and Operations Section, the Department of Defense's (DOD)
National Communications System, the Department of Commerce's (DOC) Critical Infrastructure Assurance
Office, the National
Institute of Standards and Technology's (NIST) Computer Security
Division, the Department
of Energy's (DOE) National
Infrastructure Simulation and Analysis Center, and the General Service Administration's
(GSA) Federal Computer
Incident Response Center (CIRC).
Responsibilities. The President's proposed legislation
provides that this part of the DHS would be given primary
responsibility for "receiving and analyzing law
enforcement information, intelligence, and other information
in order to understand the nature and scope of the terrorist
threat to the American homeland and to detect and identify
potential threats of terrorism within the United States".
It would further be primarily responsible for
"comprehensively assessing the vulnerabilities of the key
resources and critical infrastructures in the United
States" and "integrating relevant information,
intelligence analyses, and vulnerability assessments (whether
such information, analyses, or assessments are provided or
produced by the Department or others) to identify protective
priorities and support protective measures by the Department,
by other executive agencies, by State and local government
personnel, agencies, and authorities, by the private sector,
and by other entities". (Parentheses in original.)
Its responsibilities would also include "developing a
comprehensive national plan for securing the key resources and
critical infrastructures in the United States".
It would also be responsible for "taking or seeking to
effect necessary measures to protect the key resources and
critical infrastructures in the United States, in coordination
with other executive agencies and in cooperation with State
and local government personnel, agencies, and authorities, the
private sector, and other entities".
Finally, it would be responsible for "public threat
advisories" and making policy recommendations regarding
sharing of intelligence and information.
Access to Information. The proposed legislation would
also give the DHS broad access to information collected by
other federal entities, such as the CIA and FBI. It provides,
in part, that "The Secretary shall have access to all
reports, assessments, and analytical information relating to
threats of terrorism in the United States and to other areas
of responsibility described in section 101(b), and to all
information concerning infrastructure or other vulnerabilities
of the United States to terrorism, whether or not such
information has been analyzed, that may be collected,
possessed, or prepared by any executive agency, except as
otherwise directed by the President. The Secretary shall also
have access to other information relating to the foregoing
matters that may be collected, possessed, or prepared by an
executive agency, as the President may further provide."
Freedom of Information Act Exemption. The proposed
legislation would also create a Freedom of Information Act
exemption. It provides that "Information provided
voluntarily by non-Federal entities or individuals that
relates to infrastructure vulnerabilities or other
vulnerabilities to terrorism and is or has been in the
possession of the Department shall not be subject to section
552 of title 5, United States Code." Several bills
pending in the House and Senate contain similar proposals. |
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| 11th Circuit Rules in Pole
Attachments Act Case |
6/13. The U.S. Court of Appeals
(11thCir) issued its opinion
[MS Word] in Southern Company v. FCC, a
challenge to the Federal
Communications Commission's (FCC) rules implementing the
1996 amendments to the Pole Attachments Act. The Appeals Court
ruled on several consolidated petitions for review brought by
electric utility companies. The Appeals Court granted the
petitions for review of two FCC determinations: that the Pole
Attachments Act's coverage extends to electric transmission
facilities, as opposed to merely "any pole, duct,
conduit, or right of way", and that utilities must expand
the capacity of their facilities to ensure that attaching
entities have access to those facilities.
However, the Appeals Court rejected the petitions for review
of four other determinations of the FCC: (1) "that
utilities may not reserve available capacity on their
facilities for future utility related use unless the
reservation is made pursuant to a bona fide development plan,
and that utilities must permit use of such reserved space by
third-party attachers until the utility has an ``actual need´´
for the space", (2) "that if the utilities use some
of their poles, ducts conduits, and rights of way for wire
communications services, the Act grants third party attachers
access to all of the utilities' poles, ducts, conduits, or
rights of way", (3) "that the utilities may not
limit those who place and maintain attachments on their poles
to their own specially trained employees or contractors"
and (4) "that the utilities must comply with a series of
guidelines regarding notification to third party attachers in
the event a pole needs to be modified, and must bear certain
costs associated with pole modifications".
The National Cable and
Telecommunications Association (NCTA) commented on the
ruling. Dan Brenner, SVP for Law and Regulatory Policy, stated
that "We're pleased that the court of appeals broadly
upheld the FCC in this case. The court rejected the utilities'
numerous schemes to obstruct cable operators' access to
utility poles. This decision bodes well for the efforts by
cable operators to bring consumers new products and
services." See, NCTA release. |
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| Deputy Commerce Secretary
Bodman Addresses IPR |
6/17. Deputy Secretary of Commerce Samuel
Bodman gave a speech
in Washington DC to the U.S. India Business Council Annual
Meeting in which he addressed intellectual property rights
protection.
Bodman stated that "Intellectual property protection is
one of the most powerful instruments for economic development,
export growth, and diffusion of new technologies. Technology
based firms rely on intellectual property protection to
maintain their competitive market share. Intellectual property
rights serve important functions in fostering domestic
technology based industries, and in the development and
marketing of cutting edge products."
He also addressed IPR in India. He said that "there is
more to do -- particularly in terms of developing and
maintaining key components of India's economic infrastructure.
India has a significant number of IPR-intensive sectors
including the pharmaceutical, software, and film industries.
But, the government's protection of intellectual property
rights needs improvement."
Bodman continued that "India has realized the benefits of
strong intellectual property protection in the area of
copyright legislation and has a growing domestic software
industry as a result. And, we know that India has just enacted
an amendment to its patent law. We will be analyzing it
further ... we are concerned that it does not bring India's
laws into full WTO compliance. We encourage the Indian
government to pass laws inline with its obligations -- and we
hope that you will join us in that effort."
He also addressed IPR enforcement. "To further grow its
successful software sector and others, India must aggressively
enforce its IP laws to prevent violators from free riding on
the investment and innovation of others."
"Adequate intellectual property protection in India will
attract foreign direct investment and will permit technology
transfer. It also means more exports of advanced products.
This, of course, translates into jobs creation,"
concluded Bodman. |
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| USPTO Awards Contracts for
E-Filing Patent Applications |
6/18. The U.S. Patent and
Trademark Office (USPTO) announced the award of no cost
contracts to five companies for the electronic filing of
patent applications. The five companies are Aspen Grove,
AutoDocs, First to File,
LegalStar, and
LexisNexis.
USPTO Director James Rogan
stated that "Two weeks ago when I unveiled our 21st
Century Strategic Plan, I indicated that we would be
leveraging outside resources to assist us in moving toward a
full paperless patent process by the end of 2004. That is
precisely what these partnerships will do. This endeavor also
fully supports President Bush's e-commerce goals by utilizing
the private sector's business expertise to provide better,
more efficient and less costly government services to our
citizens." See, USPTO
release. |
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| FCC Fines AT&T $100,000
for E911 Violations |
6/18. The Federal
Communications Commission (FCC) released an Order
and Consent Decree in a proceeding titled "In the
Matter of AT&T Wireless Services, Inc." terminating
an investigation into possible violations by AT&T Wireless
of the enhanced 911 Phase II provisions of Section 20.18 of
the Commission's Rules with respect to its Time Division
Multiple Access (TDMA) network. The order covers the manner in
which AT&T Wireless agrees to comply with the E911 Phase
II rules.
In addition, the order states that "AT&T Wireless
agrees to make a voluntary contribution to the United States
Treasury in the amount of One Hundred Thousand Dollars
($100,000)". Moreover, the order provides that if
AT&T Wireless fails to comply with the order, it
"will make a voluntary contribution to the United States
Treasury in the amount of $300,000 for the first missed
benchmark, $600,000 for the second missed benchmark and
$1,200,000 for the third missed benchmark". See also, FCC
release. |
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| EPIC Comments on Privacy
Implications of Classification of Cable Modem Service |
6/18. The Electronic Privacy
Information Center (EPIC) submitted a comment
[PDF] to the Federal
Communications Commission (FCC) in its proceeding
regarding the appropriate classification of cable modem
services. It wrote that "the Commission reached the
correct result in its Declaratory Ruling that cable modem
service is included in the category of ``other services´´ as
defined by section 631 of the Cable Communications Policy Act.
This determination makes cable modem service operators subject
to the privacy mandates of the Act, which meets the
Commission's responsibility to protect the privacy interests
of those using the Nation’s cable services and uphold the
Congressional intent of Section 631 which was to protect
consumer privacy in the interactive network environment."
The EPIC continued that "Many consumers would be
understandably concerned if cable operators begin to monitor
Americans' use of cable system viewing preferences, or for
other services such as telecommunications services, including
broadband access to Internet via cable modems. Citizens have a
legitimate and significant expectation of privacy with respect
to sensitive personal information such as services subscribed
to and web browsing habits. In addition, customers have a
right to personally determine how those cable service
providers in possession of their personal information shall
use this information." |
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| House Judiciary Committee
Approves Internet Gambling Bill |
6/13. The House
Judiciary Committee amended and approved HR 3215,
the Combating Illegal Gambling Reform and Modernization Act,
by a vote of 18-12. The Committee approved an amendment
in the nature of a substitute offered by the bill's
sponsor, Rep. Bob
Goodlatte (R-VA), on June 13. The Committee also approved
further amending language offered by Rep. Chris Cannon
(R-UT) at the June 18 meeting.
"Gambling on the Internet has exploded into a lucrative
business that sucks billions of dollars out of the U. S.
economy each year and costs tens of thousands of jobs. There
are over 2000 illegal, off shore gambling websites, which are
unlicensed, untaxed, and unregulated," said Rep.
Goodlatte. "Illegal gambling sites evade existing
anti-gambling laws by operating off shore, providing a nearly
undetectable harbor for criminal enterprises."
On June 18, the Committee rejected by a vote of 12-13 an
amendment offered by Rep.
Bobby Scott (D-VA) that would have extended the ban to
include individual gamblers, not just gambling businesses. The
Committee also rejected an amendment offered by Rep. Sheila Lee
(D-TX) that would have created an exemption for gambling
conducted by certain charitable institutions exempt from
federal taxes under Section 501(c)(3) of the Internal Revenue
Code. (Also, at the June 13 mark up meeting, the Committee
rejected an amendment offered by Rep. Robert Wexler
(D-FL) to create an exemption for jai alai and dog racing.)
Expansion of the Wire Act. HR 3215 would amend 18
U.S.C. §§ 1081 and 1084, which contain the definitions and
prohibition, respectively, of the Wire Act. The Wire Act
currently criminalizes the use of "wire communications
facilities" in interstate commerce for gambling. The Wire
Act does not ban gambling. This is a matter of state law. HR 3215
expands the prohibition to cover all communications between
states or with foreign countries. It maintains the principle
that gambling is otherwise a matter of state law. Hence, under
HR 3215, use of the Internet for gambling purposes would
become illegal (if interstate or foreign).
The criminal prohibition of the Wire Act, 18
U.S.C. §§ 1084, currently provides that "Whoever
being engaged in the business of betting or wagering knowingly
uses a wire communication facility for the transmission in
interstate or foreign commerce of bets or wagers ... shall be
fined under this title or imprisoned not more than two years,
or both." Since the current statute affects only wire
communication facilities, and some Internet communications do
not involve wires, it leaves open the possibility that some
Internet gambling may not be illegal under the Wire Act.
HR 3215 provides that "whoever, being engaged in a
gambling business, knowingly (1) for the transmission in
interstate or foreign commerce ..." or between the U.S.
and abroad "... of bets or wagers ... shall be fined
under this title or imprisoned not more than five years, or
both." Hence, it pertains to all communications, not just
wire communications. Moreover, the maximum penalty for
violation is increased from 2 to 5 years.
Also, HR 3215 would amend 18
U.S.C. § 1081, which currently defines ''wire
communication facility'' as "any and all
instrumentalities, personnel, and services (among other
things, the receipt, forwarding, or delivery of
communications) used or useful in the transmission of
writings, signs, pictures, and sounds of all kinds by aid of
wire, cable, or other like connection between the points of
origin and reception of such transmission." As amended,
it would provide that "communications facility"
means "any and all instrumentalities, personnel, and
services (among other things, the receipt, forwarding, or
delivery of communications) used or useful in the transmission
of writings, signs, pictures, and sounds of all kinds by aid
of wire, cable, satellite, microwave, or other like connection
(whether fixed or mobile) between the points of origin and
reception of such transmission."
Cannon Amendments. The Committee approved on June 18
two amendments offered by Rep. Cannon.
The first amendment removed Section 1084(d) from the amendment
in the nature of a substitute. This subsection contained a
number of exceptions to the general prohibition of Section
1084, such as "a gambling business [that] is in
compliance with Federal law relating to gambling" and
certain gambling pursuant to the Indian Gaming Regulatory Act.
This Cannon amendment replaced the deleted subsection with the
following language: "(d) Nothing in subsection (c) or (d)
shall allow the use of a communication facility for the
transmission of bets or wagers involving the purchase of a
chance or opportunity to win a lottery, or the use of a
communication facility for the transmission of information
assisting in the placing of bets or wagers involving the
purchase of a chance or opportunity to win a lottery, except
that communication facilities may be used for the transmission
of such bets or wagers and the transmission of information
assisting such bets or wagers as long as such bets or wagers
are placed on the premises of a retail outlet that is open to
the public and licensed by the State in which it is located to
sell chances or opportunities to win a lottery."
The second Cannon amendment adds a new subsection to Section
1084 that provides that "Nothing in this section allows
the use of a communication facility for the purpose of placing
a bet or wager or the use of a communication facility for the
purpose of transmitting information assisting in the placement
of bets or wagers that was illegal as of June 6, 2002."
Enforcement. In addition to criminal penalties, HR 3215
would allow federal, state, local, and tribal law enforcement
agencies to obtain injunctions against violation of the act.
It also provides that "any common carrier, subject to the
jurisdiction of the Federal
Communications Commission" may be enjoined from
providing service to entities in violation of the act, and
gives such carriers immunity from suit for discontinuing such
service.
Internet Service Providers. The amendment in the nature
of a substitute offered on June 13 changed the bill on the
matter of ISPs, or interactive computer services. The language
is as follows: "Relief granted under paragraph (1)
against an interactive computer service (as defined in section
230(f) of the Communications Act of 1934) shall -- (A) be
limited to the removal of, or disabling of access to, an
online site violating this section, or a hypertext link to an
online site violating this section, that resides on a computer
server that such service controls or operates; except this
limitation shall not apply if the service is violating this
section or is in active concert with a person who is violating
this section and receives actual notice of the relief; (B) be
available only after notice to the interactive computer
service and an opportunity for the service to appear are
provided; (C) not impose any obligation on an interactive
computer service to monitor its service or to affirmatively
seek facts indicating activity violating this section; (D)
specify the interactive computer service to which it applies;
and (E) specifically identify the location of the online site
or hypertext link to be removed or access to which is to be
disabled."
The bill contains a notice and take down provision, which
enables law enforcement authorities to obtain a court order
compelling an ISP to take down a gambling web site, and a
hyperlink to gambling web site. Rep. Cannon questioned this
language at the June 18 mark up. First, he pointed out that
while the bill allows law enforcement authorities to take
action to break hyperlinks in web sites, it would do nothing
affecting bookmarks stored in gamblers' browsers.
Second, Rep. Cannon questioned whether the ISP language would
place a disproportionate economic burden small ISPs which lack
the legal resources of large ISPs. He said that this would
give a "competitive advantage to larger ISPs" such
as AOL. Rep. Goodlatte disagreed.
History. Rep. Goodlatte and Sen. Jon Kyl (R-AZ) have
been trying to pass a bill for three Congresses. This bill was
introduced on November 1, 2001. See, bill as
introduced [PDF]. The Subcommittee on Crime amended and
approved the bill on March 11. On May 8, the full Judiciary
Committee began its mark up, but only heard opening
statements. The Committee held a mark up session on June 13,
and completed its mark up on June 18.
House Financial Services Committee. The bill next goes
to the House
Financial Services Committee, because the bill also
contains provisions pertaining to illegal gambling funding. It
criminalizes "the transmission of a communication in
interstate or foreign commerce ... which entitles the
recipient to receive money or credit as a result of bets or
wagers, or for information assisting in the placing of bets or
wagers".
Also, like HR 556,
the Unlawful Internet Gambling Funding Prohibition Act,
sponsored by Rep. James
Leach (R-IA), HR 3215 would prohibit the use of
credit, electronic funds transfers, and checks in connection
with illegal gambling. The Financial Services Committee
approved HR 556 on October 31, 2001. (See, TLJ
Daily E-Mail Alert No. 299, November 1, 2001.)
Prospects for Passage. In the 106th Congress, the
Judiciary Committee approved another Internet gambling bill
sponsored by Rep. Goodlatte. The full House then considered it
under a suspension of the rules, meaning that it could not be
amended, and required a 2/3 majority for passage. It fell just
short of a 2/3 majority. The Senate has also twice passed
Internet gambling bills. |
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| House Judiciary Committee
Supports Ban on Computer Generated Child Porm |
6/18. The House
Judiciary Committee amended and all but approved HR
4623, the "Child Obscenity and Pormography Prevention
Act of 2002." This bill is a reaction to the Supreme
Court's April 16 opinion
[PDF] in Ashcroft v. Free Speech Coalition, in which the Court
held unconstitutional on First Amendment and overbreadth
grounds provisions of the Child Pormography Prevention Act of
1996 (CPPA) banning computer generated images depicting minors
engaging in sezually explicit conduct.
The vote on final passage was 16-2, which fell just short of a
reporting quorum. Hence, Committee Chairman James Sensenbrenner
(R-WI) eviscerated the vote until such time as a reporting
quorum is present.
The bill, as approved but not reported, maintains the ban on
certain computer generated images, but narrows the scope of
the prohibition, and provides an affirmation defense that no
child was involved in the alleged offense.
The CPPA expanded the federal prohibition on child pormography
to encompass new technologies. 18
U.S.C. § 2256, the section containing definitions, was
amended to provides that child pormography means "any
visual depiction, including any photograph, film, video,
picture, or computer or computer- generated image or picture,
whether made or produced by electronic, mechanical, or other
means, of sezually explicit conduct, where (A) the production
of such visual depiction involves the use of a minor engaging
in sezually explicit conduct; (B) such visual depiction is, or
appears to be, of a minor engaging in sezually explicit
conduct; (C) such visual depiction has been created, adapted,
or modified to appear that an identifiable minor is engaging
in sezually explicit conduct; or (D) such visual depiction is
advertised, promoted, presented, described, or distributed in
such a manner that conveys the impression that the material is
or contains a visual depiction of a minor engaging in sezually
explicit conduct;"
Justice Kennedy wrote the opinion of the Court in Ashcroft v.
FSC. He wrote that the CPPA, to the extent that it extends the
federal prohibition against child pormography to sezually
explicit images that appear to depict minors but were produced
without using any real children, is substantially overbroad
and violates the First Amendment.
He elaborated that the prohibited conduct is not obscene under
the standard announced in Miller
v. California, 413 U.S. 15 (1973), and it is not child
pormography under the standard announced in New
York v. Ferber, 458 U.S. 747 (1982).
Rep. Lamar Smith
(R-TX) is the sponsor of the bill. Rep. Adam Schiff
(D-CA) was also active in the debate at the June 18 mark up
session. He stated that the Supreme Court's ruling leaves
prosecutors unable to prosecute child pormography that
involves the use of children, because it is nearly impossible
to prove that a photograph is not computer generated.
This bill, which Rep. Schiff states will pass constitutional
muster, would amend § 2256(8)(B) to read "such
visual depiction is a computer image or computer- generated
image that is, or is nearly indistinguishable ... from, that
of a minor engaging in sezually explicit conduct".
However, the bill would also provide that "it shall be an
affirmative defense to a charge of violating this section that
the alleged offense did not involve the use of a minor or an
attempt or conspiracy to commit an offense under this section
involving such use."
This language would shift the burden of proving that an image
is computer generated to the defendant. Opponents of the bill,
such as Rep. Bobby Scott
(D-VA), stated that this burden shifting is unconstitutional.
Rep. Schiff disputed this. He further cited the concurring
opinion of Justice Clarence Thomas in Ashcroft v. FSC. Thomas
wrote that "technology may evolve to the point where it
becomes impossible to enforce actual child pornography laws
because the Government cannot prove that certain pornographic
images are of real children. In the event this occurs, the
Government should not be foreclosed from enacting a regulation
of virtual child pornography that contains an appropriate
affirmative defense or some other narrowly drawn restriction.
... The Court does leave open the possibility that a more
complete affirmative defense could save a statute's
constitutionality ..."
The Committee rejected an amendment offered by Rep. Scott that
would have gutted the bill. The Committee also rejected an
amendment offered by Rep. Sheila Lee
(D-TX) that would have toughened the standard for child
pormography cases by requiring that prosecutors must also meet
the obscenity test of Miller v. California.
The Committee approved an amendment offered by Rep. Melissa Hart (R-PA)
pertaining to the use of administrative subpoenas. The
Committee also approved a lengthy amendment offered by Rep.
Smith. It adds congressional findings identifying the
government's compelling interest. It also narrows the
definition of child pormography.
Editor's Note. TLJ Daily E-Mail Alert is delivered by
e-mail. Some subscribers receive their copies via e-mail
servers that run e-mail filtering software that blocks the TLJ
Daily E-Mail Alert if it contains certain words. TLJ
intentionally misspells certain words, such as pormography, to
circumvent this blocking. |
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| Wednesday, June 19 |
The House will meet at 10:00 AM for legislative business.
The Supreme Court is on recess until June 20.
POSTPONED TO JUNE 20. The
FCC has
scheduled Auction
44, pertaining to spectrum in the 700 megahertz band. On
May 24, 2002, the FCC announced that Auction 31 is
postponed until January 14, 2003, but that Auction 44 will
proceed on June 19, 2002. See, FCC notice
of postponement.
10:00 AM. The Senate
Commerce Committee's Subcommittee on Science, and
Transportation Communications will hold a hearing to examine
future sufficiency and stability of the Universal Service
Fund. Location: Room 253, Russell Building.
11:30 AM. The Congressional Wireless Caucus will hold a press
conference. The scheduled speakers include Sen. Sam Brownback
(R-KS), Sen. Byron Dorgan
(D-ND), Rep. Chip
Pickering (R-MS), and Rep.
Al Wynn (D-MD). Press contact: Kimberly Kuo at 202
736-3202 or Kkuo@ctia.org.Location:
Rayburn Building Foyer.
12:30 PM. The Association of
Federal Communications Consulting Engineers will hold a
luncheon meeting. For reservations or more information,
contact Noel Luddy at luddyen
@aol.com or 301 299-2270. The price to attend is $35.
Location: Wyndham City Center Hotel, 1143 New Hampshire Ave.,
NW.
1:45 PM. The Senate
Health, Education, Labor, and Pensions Committee will hold
a hearing on proposed legislation authorizing funds for the National Science Foundation,
focusing on math and science research, development, and
education. Location: Room 430, Dirksen Building.
6:00 - 8:00 PM. The FCBA will
host a Continuing Legal Education (CLE) program titled TELRIC
at the Crossroads: The Supreme Court Decision in Verizon v.
FCC. The scheduled panelists are Bradford Ramsay (General
Counsel of the NARUC),
Lawrence Sarjeant (SVP/GC of the USTA), and John
Windhausen (President of the ALTS).
Location: Capitol Hilton, 1001 16th St., NW.
7:00 - 8:00 PM. The National Press Club CyberCocktail Lecture
Series will host an panel discussion titled The State of
ePR. It will be followed by a cocktail reception at 8:00 -
9:30 PM. The participants will be Rod Kuckro (Bandwith), Lori
Barnes (Public Relations Society of America), Mike Fulton
(Golin Harris), Steve Ginsberg (Reuters), Mike McMearty
(WTOP), Rick Rudman (Vocus), and Danny Selnick (PR Newswire).
The price to attend for non members is $10. To make
reservations, call 202 662-7501 or email lauraf @press.org.
Location: Ballroom, National
Press Club, 529 14th St. NW, 13th Floor.
Day two of a four day conference titled "INET 2002:
Internet Crossroads: Where Technology and Policy
Intersect". See, conference
information page. Location: Crystal Gateway Marriott,
Arlington, VA. |
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| Thursday, June 20 |
The House will meet at 10:00 AM for legislative business.
The Supreme Court will return from recess.
8:00 AM - 4:00 PM. The NIST
will host an event titled NIST
Nanotechnology Open House. Location: NIST, Gaithersburg,
MD.
9:30 AM. The Senate
Governmental Affairs Committee will hold a hearing to
examine the President's proposal to create a Department of
Homeland Security.
10:00 AM. The Senate
Judiciary Committee will hold an executive business
meeting. The agenda includes mark up of S 1754,
a bill to authorize appropriations for the USPTO for FY
2002 through FY 2007, HR 1866,
a bill to clarify the basis for granting requests for
reexamination of patents, and HR 1886,
a bill to provide for appeals by third parties in certain
patent reexamination proceedings. The agenda also includes
consideration of several judicial nominees, including Lavenski
Smith, U.S. Court of Appeals (8thCir), and John Rogers, U.S.
Court of Appeals (6thCir). See, agenda.
Press contact: Mimi Devlin at 202 224-9437. Location: Room
226, Dirksen Building.
1:00 PM. The FTC and others will hold
a press conference to announce more than 50 law enforcement
actions targeting business opportunity and work at home scams.
The scheduled participants include Howard Beales (Director of
the FTC's Bureau of Consumer Protection), Dale Cantone (Deputy
Securities Commissioner of the State of Maryland), and Laura
Flippin (Department of Justice). See, FTC release.
Location: FTC, Room 432, 600 Pennsylvania Ave., NW.
2:00 PM. The House
Judiciary Committee's Subcommittee on Courts, the Internet
and Intellectual Property will hold an oversight hearing
titled Patent Reexamination and Small Business Innovation.
Webcast. Press contact: Jeff Lungren or Terry Shawn at 202
225-2492. Location: Room 2141, Rayburn Building.
The FCC will
conduct Auction
44, pertaining to spectrum in the 700 megahertz band. On
May 24, 2002, the FCC announced that Auction 31 is
postponed until January 14, 2003, but that Auction 44 will
proceed on June 19, 2002. See, FCC notice
of postponement. On June 18, the FCC postponed the auction
until June 20. The bidding periods are 9:00 - 11:00 AM and
2:00 - 4:00 PM.
Day three of a four day conference titled "INET 2002:
Internet Crossroads: Where Technology and Policy
Intersect". See, conference
information page. Location: Crystal Gateway Marriott,
Arlington, VA.
The FCC's Technological Advisory
Council will hold a meeting. Location: FCC, 445 12th St.,
SW., Room TW-C305. |
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| Friday, June 21 |
The House will meet at 9:00 AM for legislative business.
8:30 - 9:30 AM. The U.S.
Chamber of Commerce will host a breakfast. The speaker
will be Nick Calio, Assistant to the President for
Legislative Affairs. Webcast. Location: 1615 H Street, NW.
9:00 AM. FTC Commissioner Mozelle
Thompson will be the keynote speaker at the National
Energy Marketers Association's Annual Membership Meeting.
Location: Marriott Metro Center, 775 12th Street, NW.
? 9:30 AM. The Senate
Judiciary Committee's Technology Subcommittee may hold a
hearing on identity theft. Press contact: Mimi Devlin at 202
224-9437. Location: Room 226, Dirksen Building.
1:00 PM. The FCC will hold a
meeting to receive input from industry and other affected
parties on proposals to reform the FCC's universal service
contribution methodology. See, notice
[PDF]. Location: FCC, Room TW-C305, 445 12th Street, SW.
1:30 - 3:30 PM. The U.S. International Telecommunication
Advisory Committee Telecommunication Advisory Committee
Radiocommunication Sector (ITAC-R) will hold a meeting. The
purpose of the Committee is to advise the Department of State
on policy and technical issues with respect to the
International Telecommunication Union (ITU). This meeting will
address activities of the Study Groups of the ITAC-R,
preparations for the upcoming WRC-03 and guidelines for ITAC-R
participation. See, notice
in Federal Register. Location: Department of State, Room 1408.
Day four of a four day conference titled "INET 2002:
Internet Crossroads: Where Technology and Policy
Intersect". See, conference
information page. Location: Crystal Gateway Marriott,
Arlington, VA. |
|
|
| Saturday, June 22 |
| 10:00 AM - 5:00 PM. The Electronic
Privacy Information Center (EPIC) and others will host an
event titled "The Public Voice in Internet Policy
Making". At 10:10, Paul Margie, Legal Advisor to FCC
Commissioner Michael
Copps will speak on "Privacy Challenges for Internet
Users in Europe". Following Margie, Erika Mann, a Member of
the European Parliament, will speak. See, agenda.
RSVP to publicvoice02
@epic.org. For more information contact Sarah Andrews at andrews @epic.org.
Location: Crystal
Gateway Marriott, 1700 Jefferson Davis Highway, Arlington,
VA. |
|
|
| Monday, June 24 |
10:00 AM - 1:00 PM. The FCC will hold
an en banc hearing on broadcast and cable equal employment
opportunity rules. Location: Room TW-C305, FCC, 445 12th
Street, SW.
Day one of a two day conference hosted by the Computer & Communications
Industry Association (CCIA)
titled "2002 Washington Caucus". The scheduled
speakers include Glenn Hubbard (Council of Economic Advisors),
Rep. Nancy Pelosi
(D-CA), Sen. Chuck Hagel
(R-NE), Mozelle Thompson (FTC), Bruce Mehlman (Technology Administration), Rep. Howard Berman
(D-CA), and Rep. Zoe
Lofgren (D-CA). See, CCIA notice.
Location: Willard Hotel. |
|
|
| Tuesday, June 25 |
9:30 - 11:30 AM. The FCC's WRC-03
Advisory Committee, Informal Working Group 7: Regulatory
Issues and Future Agendas will meet. Location: Boeing Company,
1200 Wilson Blvd. Arlington, VA.
Day two of a two day conference hosted by the Computer & Communications
Industry Association (CCIA)
titled "2002 Washington Caucus". The scheduled
speakers include Glenn Hubbard (Council of Economic Advisors),
Rep. Nancy Pelosi
(D-CA), Sen. Chuck Hagel
(R-NE), Mozelle Thompson (FTC), Bruce Mehlman (Technology Administration), Rep. Howard Berman
(D-CA), and Rep. Zoe
Lofgren (D-CA). See, CCIA notice.
Location: Willard Hotel. |
|
|
| More News |
6/17. Sen. Tom Daschle
(D-SD) and Sen. Robert
Torricelli (D-NJ), introduced S 2629, a bill to provide
for an agency assessment, independent review, and Inspector
General report on privacy and data protection policies of
federal agencies. It was referred to the Senate Committee on
Governmental Affairs.
6/13. The Federal Trade
Commission's (FTC) Marian Bruno gave a speech
in New York City titled "Mergers & Acquisitions:
Getting Your Deal Through the New Antitrust Climate". She
addressed the history of antitrust enforcement under the Hart
Scott Rodino Act. She also spoke at length about gun jumping
and the Computer Associates case. Bruno is Assistant Director
of the Premerger Notification Office in the FTC's Bureau of
Competition.
6/12. Secretary of Commerce Donald
Evans gave a speech
at an awards banquet in Washington DC in which he addressed
R&D spending. He stated that "In our post-9/11 world,
technology's role is more important than ever. It is no less
than central to our nation's economic security, national
security and homeland security. That's why President Bush has
called for an unprecedented federal investment in research and
development in next year's budget -- a record-breaking $111.8
billion, up 8 percent from 2002. This is the first time in
history that a President will have requested more than $100
billion for R&D."
6/18. The U.S.
Court of Appeals (8thCir) issued its opinion
[PDF] in Lee
v. Summit and Ernst & Young, a federal
securities fraud case. Summit is a Minneapolis, Minnesota
company that provides clinical outcomes medical database
software and related products and services. Lee and other
shareholders filed a complaint in U.S. District Court (DMinn)
against Summit, some of its officers and directors, and its
auditor, Ernst & Young, alleging violation of federal
securities laws. The District Court dismissed the claims
against Ernst & Young for lack of standing. The Appeals
Court reversed and remanded. |
|
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