5/6. The House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security approved HR 21, the "Unlawful Internet Gambling Funding Prohibition Act", without amendment, by a voice vote.

This bill, which is sponsored by Rep. James Leach (R-IA), would attempt to functionally bar internet gambling by prohibiting the use of financial instruments, such as credit cards, in any transaction involving illegal internet gambling.

Rep. Bob Goodlatte (R-VA), a longtime proponent of passing federal legislation that would ban illegal internet gambling, presided at the hearing in the place of Rep. Howard Coble (R-NC). Rep. Goodlatte first discussed the problems of gambling by children, problem gambling, and money laundering for organized crime.

He said that "Federal law is currently unclear as to whether or not all types of Internet gambling is illegal. H.R. 21 is intended to make it crystal clear that operating a gambling business on the Internet is illegal."

Rep. Goodlatte (at right) continued that "This bill creates a new crime of accepting financial instruments, such as credit cards or electronic fund transfers, for debts incurred in illegal Internet gambling. Also, because the perpetrators of this crime are off-shore and beyond the reach of U.S. law enforcement tactics, the bill enables state and federal Attorneys General to request that injunctions be issued to any party, such as financial institutions and Internet Service Providers, to assist in the prevention or restraint of this crime. Finally, this bill allows federal bank regulators to create rules requiring financial institutions to use designated methods to block or filter illegal Internet gambling transactions."

Rep. Sheila Lee (D-TX) stated that while should would not "cry on her pillow" over the problems of big banks, she was concerned about the burden imposed by legislation on small community banks. She offered an amendment that would have deleted Section 3 of the bill.

Rep. Goodlatte stated that "the amendment offered strikes the operative section of the bill", and would leave only the findings and the title of the bill. He added that it "would have the effect of gutting the bill". The amendment was defeated on a voice vote.

Rep. Scott argued that the bill "will be ineffective", because internet gambling would continue, with miscoded credit card transactions, the use of e-cash, and other less transparent processes. He argued that internet gambling should instead be permitted, but "tightly regulated". He said that this would allow for consumer protection, and taxation of gambling operations.

Rep. Bobby Scott (D-VA) offered an amendment that he stated would prohibit conduct by individuals as well as gambling operations. However, during debate it was suggested that the proposed wording might not accomplish the intended purpose. Rep. Scott withdrew the amendment, but stated that he would introduce a similar amendment at the full committee markup.

Rep. Scott also stated that he would offer at the full committee markup an amendment that substitutes the language of HR 1223, the "Internet Gambling Licensing and Regulation Commission Act", sponsored by Rep. John Conyers (D-MI) and Rep. Chris Cannon (R-UT). That bill would establish a commission to study the feasibility of regulating internet gambling.

5/6. The House Judiciary Committee announced that Rupert Murdoch, Ch/CEO of News Corporation, will testify at its May 8 hearing titled "Direct Broadcast Satellite Service in the Multichannel Video Distribution Market". See, release.

General Motors and Hughes Electronics announced on April 9 that "GM intends to split off Hughes, and simultaneously sell GM's 19.9 percent economic interest in Hughes to News Corp. ... for $14 per share, or approximately $3.8 billion." See, Hughes release. Direct broadcast satellite service provider DirecTV is a unit of Hughes.

Hughes also stated that "The transaction is subject to a number of conditions, including approval by a majority of each class of GM stockholders -- GM $1-2/3 and GM Class H -- voting both as separate classes and together as a single class. The transaction, which has been approved by the GM, Hughes and News Corp. boards of directors, remains subject to regulatory clearance under the Hart-Scott-Rodino Act and by the Federal Communications Commission. Completion of the transaction is also contingent on the receipt of a favorable ruling from the Internal Revenue Service that the split-off of Hughes from GM would be tax-free to GM and its stockholders for U.S. Federal Income Tax purposes."

Murdoch stated in a telephone conference call on April 9 that "we expect the transaction to close by the end of calendar 2003". He also stated that News Corp. would follow the Federal Communications Commission's (FCC) program access regulations.

The Consumers Union (CU) issued a release condemning the proposed transaction. Gene Kimmelman, Director of the CU, is scheduled to testify along with Murdoch.

The other witnesses will include Kevin Arquit (former Director of Competition at the Federal Trade Commission) and Neal Schnog (President of Uvision and Vice Chairman of the American Cable Association). The hearing will be webcast.

In October 2001, Hughes accepted an offer by EchoStar to sell its DirecTV Digital Broadcast Service to EchoStar. However, a year later, the FCC declined to approve the transfer of licenses associated with the proposed merger. See, TLJ story titled "FCC Declines to Approve EchoStar DirectTV Merger", October 10, 2002. The Department of Justice also filed suit to block the merger.

See also, story titled "GM, Hughes and News Corps Announce Directv Deal" in TLJ Daily E-Mail Alert No. 643, April 14, 2003.

5/5. The Supreme Court issued its opinion [28 pages in PDF] in Illinois v. Telemarketing Associates, holding that fraud actions by states against telemarketers does not violate the First Amendment.

Background. Telemarketing Associates is a for profit fundraising corporation. VietNow is a non-profit corporation organized for the benefit of veterans of the war in Viet Nam. TA contracted with VietNow to raise funds for it by telephone solicitations. The contracts provided that TA would keep 85% of the gross receipts. TA represented to prospective donors that "a significant amount of each dollar donated" would go to VietNow. TA also made false statements to prospective donors.

Proceedings Below. The state of Illinois filed a complaint in state court alleging common law and statutory claims for fraud and breach of fiduciary duty, based on misleading statements by TA to prospective donors.

The Supreme Court of Illinois held that the state attempted to impose prior restraints on fundraising that were incompatible with the First Amendment.

Supreme Court. The Supreme Court reversed. Justice Ginsburg, writing for the Court, stated that "Our prior decisions do not rule out, as supportive of a fraud claim against fundraisers, any and all reliance on the percentage of charitable donations fundraisers retain for themselves. While bare failure to disclose that information directly to potential donors does not suffice to establish fraud, when nondisclosure is accompanied by intentionally misleading statements designed to deceive the listener, the First Amendment leaves room for a fraud claim."

Prior opinions of the Supreme Court have overturned prohibitions on telephone solicitations that are based solely on the percentage of funds raised that are retained by the telemarketer. The Court distinguished this case on the basis that it involved claims of fraud, supported by a variety of facts.

Also, while this case involved telephone solicitations, the analysis applied by the Court in this case might similarly be applied to state actions taken against senders of bulk unsolicited e-mail that contains fraudulent statements.

5/6. President Bush and Singapore Prime Minister Goh Chok Tong signed the U.S. Singapore Free Trade Agreement (FTA) at a ceremony at the White House. President Bush stated that "The agreement contains state of the art protections for Internet commerce and intellectual property that will help drive growth and innovation in our dynamic technology sectors". See, transcript. See also, Joint Statement issued on May 6, 2003.

This FTA is over 800 pages, and is arranged in 21 chapters. See especially, chapters pertaining to intellectual property rights [30 pages in PDF], electronic commerce [4 pages in PDF], and joint statement regarding electronic commerce [5 pages in PDF]. See also, chapter pertaining to telecommunications [16 pages in PDF], Side Letter on State Issues, and Side Letter on Divestment Issues.

Prime Minister Goh (at right) stated that "The U.S.-Singapore FTA is an ambitious and comprehensive agreement. It removes barriers in the goods and services trade and in investments. It breaks new ground in emerging areas like e-commerce. It also establishes high standards in intellectual property, transparency and customs. The FTA will expand opportunities for American businesses in Singapore. More importantly, the U.S.-Singapore FTA can be a model for other FTAs under President Bush's Enterprise for ASEAN Initiative, or EAI. I hope the EAI will quickly result in more FTAs between the U.S. and Southeast Asia."

This FTA still requires the approval of the Congress. Under the trade promotion authority bill passed by the last Congress, the Congress can approve or reject, but not amend, this FTA.

Sen. Charles Grassley (R-IA), the Chairman of the Senate Finance Committee, stated in a release that "I welcome this bilateral free trade agreement. It’ll be our first with an Asian nation, I hope the first of many. Singapore is America's largest trading partner in Southeast Asia. A U.S-Singapore free trade agreement will add to the growing trade that our countries share. It especially will offer a new market for American companies in financial and professional services. This agreement continues our goal toward greater trade liberalization, not only in the Pacific, but throughout the globe. I appreciate the President's interest in concluding free trade agreements. We have to make up for lost time and missed opportunities prior to this Administration."

5/1. The Office of the U.S. Trade Representative (USTR) released its annual Special 301 report. It identifies the Ukraine as a priority foreign country, and China under Section 306. The nations on the priority watch list are Argentina, the Bahamas, Brazil, the EU, Indonesia, India, Lebanon, the Philippines, Poland, Russia and Taiwan.

The Trade Act of 1974 requires the USTR to identify annually foreign countries that deny adequate and effective protection of intellectual property rights or fair and equitable market access for U.S. persons that rely on intellectual property protection. These are known as "Special 301" designations.

USTR Robert Zoellick stated in a release that "This report reflects the Administration's continued commitment to ensure effective intellectual property protection around the word. While we are heartened that many countries now have the necessary legislation in place that recognizes intellectual property rights, it is important that these laws be enforced."

The report identifies the PR China under Section 306. It states that "China's WTO accession, and the concomitant entry into force of its intellectual property rights (IPR) obligations have resulted in improvements in China's statutory system for the protection of intellectual property. However, significant concerns remain, particularly with respect to enforcement of IPR. The TRIPS Agreement requires China to implement effective enforcement procedures and provide remedies that have a deterrent effect. Although China has revised its IP laws and regulations to strengthen administrative enforcement, civil remedies and criminal penalties, violations of IPR are still rampant. The lack of transparency and coordination among Chinese government agencies, local protectionism and corruption, high thresholds for criminal prosecution, lack of training and weak punishments all hamper enforcement of IPR. China remains one of the last countries in the world that fails to use, in practice, its criminal law to go after commercial copyright pirates and trademark counterfeiters."

The Business Software Alliance (BSA) stated in a release that "Enforcement practices and the need for additional legal reforms continue to slow software development in China. As a new member of the WTO, it is critical that China continue its work on bringing its copyright law into compliance with international obligations and increase its enforcement efforts against software piracy, including corporate end user piracy. China's software piracy rate, at more than 90 percent, is among the highest in the world, discouraging further investment and economic development."

The report identifies the Ukraine as a priority foreign country. The report cites the "Ukraine's failure to adopt and enforce adequate Optical Disc (OD) media licensing legislation." The report also places Taiwan and Russia on the priority watch list for their inaction on optical disc piracy.

Jack Valenti, Ch/CEO of the Motion Picture Association of America, praised the report in a release. He stated that "Optical disc piracy obliterates the value and vitality of the American film and TV industries. ... When so much of the industry’s revenues come from overseas, it is critical that the U.S. Government uses every resource in its power to persuade these countries to confront piracy or ensure that they face the consequences of trade sanctions".

See also, International Intellectual Property Alliance (IIPA) release [7 pages in PDF].

5/5. The Federal Communications Commission (FCC) published a notice in the Federal Register regarding its Notice of Inquiry (NOI) pertaining to the possibility of incorporating receiver performance specifications into the FCC's spectrum policy. The FCC adopted, but did not release, the NOI at its March 13 meeting. Comments are due by July 21, 2003. Reply comments are due by August 18, 2003.

This NOI follows the recommendations of the FCC's Spectrum Policy Task Force (SPTF) report [PDF] of November 15, 2002. See also, story titled "FCC Announces NOI Re Receiver Performance Standards" in TLJ Daily E-Mail Alert No. 624, March 17, 2003.

See, Federal Register, May 5, 2003, Vol. 68, No. 86, at Pages 23677 - 23686. This is ET Docket No. 03-65, FCC 03-54. For more information, contact Hugh Van Tuyl at the FCC's Office of Engineering and Technology (OET) at 202 418-7506 or hvantuyl@fcc.gov.

4/28. The Federal Communications Commission (FCC) released its Notice of Inquiry [21 pages in PDF] in its proceeding titled "In the Matter of Inquiry Regarding Carrier Current Systems, including Broadband over Power Line Systems".

The FCC announced, but did not release, this NOI at its April 23 meeting. See, story titled "FCC Announces NOI Regarding Broadband Over Powerlines", TLJ Daily E-Mail Alert No. 648, April 24, 2003.

This Notice of Inquiry (NOI) states that broadband over power line (BPL) "systems use existing electrical power lines as a transmission medium to provide high-speed communications capabilities by coupling RF energy onto the power line. Because power lines reach virtually every community in the country, BPL could play an important role in providing additional competition in the offering of broadband infrastructure to the American home and consumers. In addition, BPL could bring Internet and high-speed broadband access to rural and underserved areas, which often are difficult to serve due to the high costs associated with upgrading existing infrastructure and interconnecting communication nodes with new technologies."

This NOI requests "information and technical data so that we may evaluate the current state of BPL technology and determine whether changes to Part 15 of the Commission’s rules are necessary to facilitate the deployment of this technology."

The NOI states that "BPL may be deployed under our existing Part 15 rules". It further states that the FCC's authority is based in part on Section 302 of the Communications Act. 47 U.S.C. § 302a provides, in part, that the FCC "may, consistent with the public interest, convenience, and necessity, make reasonable regulations (1) governing the interference potential of devices which in their operation are capable of emitting radio frequency energy by radiation, conduction, or other means in sufficient degree to cause harmful interference to radio communications; and (2) establishing minimum performance standards for home electronic equipment and systems to reduce their susceptibility to interference from radio frequency energy. Such regulations shall be applicable to the manufacture, import, sale, offer for sale, or shipment of such devices and home electronic equipment and systems, and to the use of such devices."

Comments will be due 30 days, and reply comments will be due 45 days, after publication in the Federal Register. The FCC has not yet published its notice in the Federal Register, or otherwise set comment deadlines. This is ET Docket No. 03-104. For more information, contact Anh Wride at 202 418-0577 or awride@fcc.gov.

4/30. The Federal Communications Commission (FCC) released its Second Report and Order and Further Notice of Proposed Rulemaking [70 pages in PDF] regarding its e-rate subsidy program, which is plagued by fraud and abuse. The FCC adopted, but did not release, this item at its April 23, 2003 meeting.

See, story titled "FCC Announces Order and NPRM Regarding E-Rate Subsidies" in TLJ Daily E-Mail Alert No. 648, April 24, 2003.

This document states that "As part of our ongoing efforts to limit waste, fraud, and abuse, we adopt rules to prevent bad actors from receiving benefits associated with the schools and libraries mechanism. In particular, we conclude that anyone convicted of a criminal violation or found civilly liable for actions relating to this program shall be debarred from participation for three years, absent extraordinary circumstances."

It further states that "we amend section 54.500 of our rules to clarify the meaning of educational purposes. Pursuant to this requirement, the Administrator has denied requests for services to be used by support staff not involved in instructional activities. We reiterate our recognition that the technology needs of participants in the schools and libraries program are complex and unique to each participant. We find that, in the case of schools, activities that are integral, immediate, and proximate to the education of students, or in the case of libraries, integral, immediate, and proximate to the provision of library services to library patrons, qualify as educational purposes under this program."

This item also addresses the meaning of "educational use" and the 2001 "Alaska Order".

The relevant statute limits e-rate subsidies to "educational purposes". 47 U.S.C. § 254(h)(1)(B) provides in part that "All telecommunications carriers serving a geographic area shall, upon a bona fide request for any of its services that are within the definition of universal service under subsection (c)(3) of this section, provide such services to elementary schools, secondary schools, and libraries for educational purposes at rates less than the amounts charged for similar services to other parties."

The item also contains a new definition of "Educational Purposes". It states that "For purposes of this subpart, activities that are integral, immediate, and proximate to the education of students, or in the case of libraries, integral, immediate and proximate to the provision of library services to library patrons, qualify as "educational purposes." Activities that occur on library or school property are presumed to be integral, immediate, and proximate to the education of students or the provision of library services to library patrons."

On November 29, 2001, the FCC adopted an Order [PDF] that permits certain schools and libraries in the state of Alaska that receive e-rate subsidies to allow their facilities to be used by the general public to receive telecommunications and Internet services. See also, notice in the Federal Register, December 28, 2001, Vol. 66, No. 249, at Pages 67112 - 67114). This is FCC 01-350 in CC Docket No. 96-45. See also, story titled "FCC Allows E-Rate Funds to Support Non Educational Uses" in TLJ Daily E-Mail Alert No. 336, December 31, 2001.

The just released item states that the Alaska order applies only to non-educational uses in Alaska. It states that "This clarification, however, is not intended to allow the general public to use services and facilities obtained through this support mechanism for non-educational purposes. In the Alaska Order, the Commission granted the State of Alaska a limited waiver of section 54.504(b)(2)(ii) of the Commission’s rules, allowing members of rural remote communities in Alaska that lack local or toll-free dial-up access to the Internet to use excess service obtained through the support mechanism, when the services are not in use by the schools and libraries. The clarification we adopt today does not affect the terms of Alaska’s waiver or allow schools or libraries outside the scope of that waiver to provide services to the general public in that manner."

Comments will be due 30 days, and reply comments will be due 45 days, after publication in the Federal Register. The FCC has not yet published it notice in the Federal Register.

5/6. The House Rules Committee adopted an open rule for consideration of HR 766, the Nano Technology Research and Development Act of 2003. The House is scheduled to take up the bill on Wednesday, May 7.

This bill would authorize the appropriation of over $2 Billion over three years for nanotechnology research and development programs at the National Science Foundation (NSF), Department of Energy (DOE), Department of Commerce's (DOC) National Institute of Standards and Technology (NIST), National Aeronautics and Space Administration (NASA), and Environmental Protection Agency (EPA). The majority of the funding would go to the NSF.  See, Republican Whip Notice.

See also, story titled "House Science Committee Approves Bill to Authorize Funding for Nanotech Research" in TLJ Daily E-Mail Alert No. 654, May 2, 2002.

The House will meet at 10:00 AM. It is scheduled to take up HR 766, the Nanotechnology Research and Development Act of 2003, a bill to authorize the appropriation of over $2 Billion over three years for research and development. See, Republican Whip Notice.

9:00 AM - 12:00 NOON. The Telecommunications Service Priority System Oversight Committee will hold a meeting. See, notice in the Federal Register, April 11, 2003, Vol. 68, No. 70, at Pages 17839 - 17840. Location: 701 South Court House Road, Arlington, VA.

9:30 PM. The Senate Judiciary Committee is scheduled to hold a hearing on judiciary nominations. The agenda includes Michael Chertoff (U.S. Court of Appeals for the Third Circuit) and Consuelo Callaghan (Ninth Circuit). See, notice. Press contact: Margarita Tapia at 202 224-5225. Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee will meet to mark up numerous bills, including HR 1086, the "Standards Development Organization Advancement Act of 2003". The event will be webcast. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Banking Committee will hold a hearing titled "The Impact of the Global Settlement". The witnesses will include Securities and Exchange Commission (SEC) Chairman William Donaldson. See, notice. Location: Room 538, Dirksen Building.

1:30 PM. Donald Abelson, Chief of the Federal Communications Commission's (FCC) International Bureau (IB), will hold a media briefing to provide an update on IB initiatives and proceedings and to highlight major international telecommunications matters involving the FCC over the next several months. For more information contact: Linda Haller at 202 418-1408. Location: FCC, 8th floor South Conference room (8-B516).

Day three of the Federal Trade Commission's (FTC) trial in the Rambus matter, Docket No. 9302. Location: FTC, 600 Pennsylvania Avenue, NW, Room 532.

The House will meet at 10:00 AM. It is scheduled to take up HR 1261, the Workforce Reinvestment and Adult Education Act of 2003. See, Republican Whip Notice.

9:30 AM. The House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Trade in Services and E-Commerce: The Significance of the Singapore and Chile Free Trade Agreements". See, notice. The hearing will be webcast. Press contact: Ken Johnson or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.

9:30 AM. The Senate Judiciary Committee is scheduled to hold an executive business meeting. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee will hold an oversight hearing titled "Direct Broadcast Satellite Service in the Multichannel Video Distribution Market". The witnesses will include Rupert Murdoch (Ch/CEO of News Corporation), Kevin Arquit (former Director of Competition at the Federal Trade Commission), Neal Schnog (President of Uvision and Vice Chairman of the American Cable Association), and Gene Kimmelman (Director of the Consumers Union). The hearing will be webcast. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. See, release. Location: Room 2141, Rayburn Building.

10:00 AM. U.S. Court of Appeals (FedCir) will hear oral argument in Atmel v. Silicon Storage Technology, No. 02-1522, an appeal from the U.S. District Court (NDCal). This is a patent infringement case involving semiconductor technology. Location: Courtroom 201, 717 Madison Place, NW.

1:00 PM. The Federal State Joint Board on Universal Service, which is chaired by Federal Communications Commission (FCC) Commissioner Kathleen Abernathy, will hold a forum on "potential rule changes to strengthen compliance and oversight over the schools and libraries component of the federal universal service support mechanisms, often called the ``e-rate´´ program". For more information, contact Matthew Brill at 202 418-2400. See, notice [PDF]. Location: FCC.

2:00 PM. The Senate Judiciary Committee' will hold a hearing the nomination of Robert McCollum to be Associate Attorney General at the Department of Justice (DOJ),. and Peter Keisler to be Assistant Attorney General in charge of the DOJ's Civil Division. See, notice. Press contact: Margarita Tapia at 202 224-5225. Location: Room 226, Dirksen Building.

2:00 PM. Howard Beales, Director of the Federal Trade Commission's (FTC) Bureau of Consumer Protection, will participate in a panel discussion titled "Privacy" hosted by Financial Services Roundtable (FSB). The FSB is holding a two day meeting on May 8-9. The event is closed to all but FSB members. For more information, contact Richard Whiting at rich@fsround.org. Location: St. Regis Hotel, Crystal Ballroom, 16th & K Streets, NW.

Day four of the Federal Trade Commission's (FTC) trial in the Rambus matter, Docket No. 9302. Location: FTC, 600 Pennsylvania Avenue, NW, Room 532.

The House will meet at 10:00 AM. It is scheduled to take up HR 2, the Jobs and Growth Tax Act of 2003. See, Republican Whip Notice.

9:30 AM - 4:00 PM. George Mason University School of Law will host a conference titled "Critical Infrastructure Protection: Legal Questions at the Forefront of National Security". Lunch will be provided. See, notice and agenda [PDF]. The event is free. However, an RSVP is required. Contact Emily Frye at 703 993-4170 or ffrye@gmu.edu. Location: 3301 North Fairfax Drive, Arlington, VA.

2:00 PM. The Copyright Office (CO) will hold a hearing regarding the exemption of certain classes of works from the Digital Millennium Copyright Act's (DMCA) prohibition against circumvention of technological measures that control access to copyrighted works. See, notice in the Federal Register, March 20, 2003, Vol. 68, No. 54, at Pages 13652 - 13653, and revised notice in the Federal Register, April 23, 2003, Vol. 68, No. 78, at Pages 19966 - 19967 (changing the dates, times and locations). See also, CO web page on rulemakings on anticircumvention, the relevant statutory sections at 17 U.S.C. §§ 2101-2105, and story titled "Copyright Office to Hold Hearings on DMCA Anti Circumvention Exemptions", TLJ Daily E-Mail Alert No. 628, March 21, 2003. Location: Postal Rate Commission, 1333 H Street, NW., Third Floor.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in New England Pub Comm v. FCC, No. 02-1055. Judges Ginsburg, Rogers and Tatel will preside. Location: 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Coolsavings.com v. Brightstreet.com, No. 02-1568, an appeal from the U.S. District Court (NDCal). Location: Courtroom 201, 717 Madison Place, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Committee and Legislative Committee will host a luncheon. The topic will be "Congressional Perspectives on Wireless Issues". The scheduled speakers are Bill Bailey, James Assey, Will Nordwind and Gregg Rothschild. The price is $15. RSVP to Wendy Parish at wendy@fcba.org by May 7 at 5:00 PM. Location: Sidley Austin, 1501 K St., NW, Conference Room 6E.

5:00 PM. Deadline to submit applications to the National Telecommunications and Information Administration (NTIA) for PEACESAT Program grants. Pan-Pacific Education and Communications Experiments by Satellite (PEACESAT) grants are intended to support the acquisition of satellite communications to service Pacific Basin communities and to manage the operations of this network. See, notice in the Federal Register, April 9, 2003 Vol. 68, No. 68, at Pages 17354 - 17356.

Deadline to submit requests to the Federal Trade Commission (FTC) to participate as panelists at the FTC's June 18, 2003, public workshop on the costs and benefits to consumers and businesses of the collection and use of consumer information. See, FTC release.

Day five of the Federal Trade Commission's (FTC) trial in the Rambus matter, Docket No. 9302. Location: FTC, 600 Pennsylvania Avenue, NW, Room 532.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Starpower Communications v. FCC, No. 02-1131. Judges Ginsburg, Rogers and Tatel will preside. Location: 333 Constitution Ave., NW.

10:00 AM - 3:00 PM. Day one of a two day meeting titled "Wireless Innovations: New Technologies and Evolving Policies", hosted by the Federal Communications Commission (FCC), National Telecommunications and Information Administration (NTIA), and Department of State. The first day will be a technology showcase. See, notice in the Federal Register, April 24, 2003, Vol. 68, No. 79, at Page 20117 - 20118. Location: Department of Commerce Lobby and Auditorium, 1401 Constitution Ave., NW.

Deadline to submit nominations to the U.S. Patent and Trademark Office (USPTO) for members of the Patent Public Advisory Committee and Trademark Public Advisory Committee. See, notice in the Federal Register, April 4, 2003, Vol. 68, No. 65, at Pages 16480 - 16481.

9:00 AM - 5:00 PM. Day two of a two day meeting titled "Wireless Innovations: New Technologies and Evolving Policies", hosted by the Federal Communications Commission (FCC), National Telecommunications and Information Administration (NTIA), and Department of State. The second day will be a panel discussion on policy. See, notice in the Federal Register, April 24, 2003, Vol. 68, No. 79, at Page 20117 - 20118. Location: Department of Commerce Lobby and Auditorium, 1401 Constitution Ave., NW.

4:00 - 5:00 PM. The U.S. Chamber of Commerce will host an event titled "Homeland Security Business Forum: Science and Technology Under DHS". Charles McQueary, Under Secretary for Science and Technology, Department of Homeland Security, will speak. See, notice and online registration page. The price to attend is $35 (members) or $100 (others). For more information, contact ncfevents @uschamber.com or 202 463-5500. Location: 1615 H Street, NW.

The Federal Communications Commission (FCC) will begin Auction 48 (upper and lower bands paging licenses).

5/5. The Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Advanced Technology Program (ATP) awarded seven grants, three of which are information technology related. See, release.

One grant is for the Mobile Systems Verification Corporation. The NIST stated in a release that this grant is "to design, fabricate, and test the Advanced Mobile Application Testing Environment (AMATE). This is a prototype for an end-to-end automated testing system that will improve the reliability and effectiveness of the national mobile information technology infrastructure. The environment will consist of software components, user devices, computers, micro-controllers, network hardware, mobile transmitters and receivers, and radio-signal conditioning equipment. AMATE will simulate millions of mobile users, their movements, airlink variation, and network operations under extreme conditions without disrupting an active network or its customers."

Another grant is for the Valaran Corporation, of Princeton, New Jersey, "to develop the software infrastructure that will overcome problems associated with low or unpredictable bandwidth and diverse communication appliances, to enable secure collaboration among multiple parties using mobile devices in constrained environments." The NIST further stated that this would assist "first responders, law enforcement agents, and field engineers". See, release.

Another grant is for the RAPT Industries, of Livermore, California, "to develop and test a prototype system for etching and polishing optical and semiconductor materials 10 to 10,000 times faster than current methods while causing significantly less sub-surface damage. The 2.5-year project will focus on the process chemistries and control system needed to extend the capabilities of the reactive atom plasma (RAP) technique, first demonstrated on a laboratory scale at Lawrence Livermore National Laboratory." See, release.

5/6. The House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security held an oversight hearing titled "Reauthorization of the U.S. Department of Justice: Bureau of Alcohol, Tobacco and Firearms; Federal Bureau of Investigation; and Drug Enforcement Administration."

The witnesses were Pasquale D'Amuro (Executive Assistant Director,  Counterterrorism / Counterintelligence, Federal Bureau of Investigation), Richard Hankinson (Deputy Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives), and Rogelio Guevara (Chief of Operations, Drug Enforcement Administration).

D'Amuro referenced the FBI's obsolete information technology in his prepared testimony. He wrote that "the FBI's investigative efforts depend on state of the art technology and I want to report that tremendous progress is being made in this critical area. Over 21,000 new desktop computers and nearly 5,000 printers and scanners have been provided and high-speed local area networks have been deployed in over 600 FBI locations. I understand that we still have a long way to go but I want to thank the Subcommittee for the support it has provided on these critical technology issues."

See also, story titled "FBI Loses 317 Laptops" in TLJ Daily E-Mail Alert No. 485, August 6, 2002; and story titled "Senate Subcommittee Holds Hearing on FBI's Antiquated Computers" in TLJ Daily E-Mail Alert No. 471, July 17, 2002.

5/6. Mitch Daniels, Director of the Office of Management and Budget (OMB), announced that he will leave his position in 30 days.

5/6. Uzoma Onyeije was named Legal Advisor in the Office of the Bureau Chief of the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB). He will advise the Bureau Chief (John Muleta) and Deputies on wireless regulatory issues, including matters before the Commercial Wireless Division. He has worked at the FCC since March of 2001. Before that, he worked the law firms of Mintz Levin and Wiley Rein & Fielding. See, FCC release [PDF].

5/5. The Senate confirmed Deborah Cook to be a Judge of the U.S. Court of Appeals (6thCir) by a vote of 66-25. See, Roll Call No. 139. She is a Justice of the Ohio Supreme Court. Senate Democrats had held up her confirmation for years.

5/5. The Senate confirmed Cecilia Altonga to be a Judge of the U.S. District Court (SDFl) by a vote of 91-0. See, Roll Call No. 141.

5/5. The Supreme Court denied certiorari in Core Communications v. FCC, S.C. No. 02-980. See, Order List [14 pages in PDF] at page 1. This petition pertained to the Federal Communications Commission's (FCC) reciprocal compensation order.

5/2. The U.S. District Court (DC) dismissed a complaint filed by the Electronic Privacy Information Center (EPIC) against the Office of Homeland Security under the Freedom of Information Act (FOIA). See, DOJ release.

5/2. The Federal Communications Commission (FCC) released its Memorandum Opinion and Order and Third Report and Order [50 pages in PDF] in its proceeding titled "In the Matter of The 4.9 GHz Band Transferred from Federal Government Use". The FCC announced, but did not release, this item at its April 23, 2003 meeting. This is WT Docket No. 00-32.