Tech Law Journal Daily E-Mail Alert
July 17, 2003, 9:00 AM ET, Alert No. 700.
Home Page | Calendar | Subscribe | Back Issues | Reference
Senate Commerce Committee Holds Hearing on Internet Tax Bill

7/16. The Senate Commerce Committee held a hearing on proposed legislation to make permanent the moratorium on taxes on Internet access. The Senate bills, S 52 and S 150, which are both titled the "Internet Tax Nondiscrimination Act", would permanently extend the moratorium on internet access taxes and multiple and discriminatory internet taxes, created by the 1998 Internet Tax Freedom Act (ITFA). The bills would also eliminate the grandfather provision that allows states that had taxes in 1998 to continue those taxes.

Sen. Ron Wyden (D-OR), the sponsor of S 52, was the sponsor of the original ITFA passed in 1998. Sen. George Allen (R-VA) is the sponsor of S 150.

Sen. John McCain (R-AZ), the Chairman of the Committee, said in his opening statement that "It is my hope that we can reach a consensus to enable the enactment of another extension."

He also argued against joining the issues of taxing internet access to state collection of sales taxes from remote vendors. He said that "I believe that we can and should keep the Internet tax moratorium distinct from the simplified sales tax debate. I do, however, expect to address in a separate hearing later this year the sales tax issue -- and the Streamlined Sales Tax Project (SSTP) in particular. The sales tax question is a matter of significant importance and I look forward to seeing if there is evidence that the States participating in the SSTP have advanced towards true sales tax simplification."

Sen. Wyden said that "there should be technological neutrality". That is, "you should treat the online world the same way you treat the offline world." He added that the issue of the internet tax moratorium contained in the ITFA is distinct from the sales tax issue.

Sen. Conrad Burns (R-MT) said that "taxing internet access would be a short sighted policy". He commented that people in his state of Montana rely on e-commerce more than the country as a whole.

Sen. Frank Lautenberg (D-NJ) presented the argument in favor of taxation. He said that states are facing a fiscal crisis. He said that "sales and use taxes generate $150 Million per year", and that this makes up one third of state and local revenues. He continued that states will loose tax revenue because of the internet. He concluded that "government has got to have the revenue."

Joseph Ripp, Vice Chairman of AOL, urged passage of one of these two bills. He first addressed the problems of complying with the tax rules of thousands of state and local governmental entities. He wrote in his prepared testimony that "Even for a major national provider like AOL, the prospect of complying with thousands of state and local tax regimes was daunting. The tax rules varied greatly from jurisdiction, to the extent any meaningful tax rules had been published at all. Furthermore, many of these rules based the amount of taxes and the fact of taxation on customer location, a fact that is often impossible to determine for members using the most popular dialup access method. While these rules may have had some applicability to telephone companies, which have years of experience complying with public utility regulation, they are burdensome and inapplicable to a company such as AOL."

He also argued that "Passage of S. 150 & S. 52 will promote digital opportunities for the 50 percent of Americans who do not currently have Internet access services. Taxes would only increase their costs and frustrate the national goal of providing these services for all Americans." He also argued that passage of one of these bills would promote competition among ISPs, stimulate the technology sector, and promote competitiveness in digital content and online software and services.

Paul Misener, VP for Global Public Policy at Amazon.com, spoke in support of making the moratorium permanent. He also stated in his prepared testimony that "the issue of whether and how Congress should permit states to require out-of-state sellers to collect tax on sales to in-state consumers is often confused and conflated with the ITFA Moratorium policy. It is, however, a completely separate matter. And, unlike the policy choices Congress made to establish, then extend the Moratorium, the remote sales tax collection issue simultaneously presents Congress with the gravity of a fundamental constitutional right and the nearly mind-numbing detail of state sales taxation."

Billy Hamilton, the Deputy Comptroller at the Texas Comptroller of Public Accounts, testified in opposition to legislation to extend the moratorium. He argued that the original ITFA was passed in 1998 to protect a fledging industry. He wrote in his prepared testimony that "The ``fledgling industry´´ argument is no longer relevant. The purchase or supply of Internet access services in the states that tax services has not been adversely affected and use of the Internet continues to grow exponentially." He also argued that internet taxation is a state issue.

He said that it Congress extends the moratorium, it should do so for no more than two years. He also opposed elimination of the grandfather clause. He also argued that "The definition of ``Internet access´´ contained in the Act should be rewritten to insure equity among various types of access providers and among types of communications services. It should also eliminate opportunities to bundle otherwise taxable content into a single package of Internet access in a manner that would prevent states and localities from imposing their taxes on the otherwise taxable content."

See also, prepared testimony of Mark Beshears of Sprint.

House Judiciary Committee Approves Internet Tax Bill

7/16. The House Judiciary Committee approved HR 49, the "Internet Tax Nondiscrimination Act", by a voice vote. This bill is sponsored by Rep. Chris Cox (R-CA), and cosponsored by 132 other members of the House. It would permanently extend the moratorium on internet access taxes and multiple and discriminatory internet taxes that was created by the 1998 Internet Tax Freedom Act (ITFA). It would also eliminate the grandfather provision that allows states that had taxes in 1998 to continue those taxes.

The Committee also approved an amendment offered by Rep. Mel Watt (D-NC) that provides that the moratorium applies to telecommunications services, "to the extent such services are used to provide Internet access", thus clarifying that the ban on internet access taxes extends to broadband DSL and wireless services provided by phone companies or others.

The original moratorium lasted for three years. In 2001 the Congress extended the moratorium. It is currently set to expire on November 1, 2003.

Rep. Chris Cannon (R-UT) advocated passage of the bill. He is the Chairman of the Subcommittee on Commercial and Administrative Law, which approved the bill on May 22, 2003. This Subcommittee held a hearing on the bill on April 1, 2003. See, story titled "House Subcommittee Holds Hearing on Bill to Make Internet Tax Moratorium Permanent" in TLJ Daily E-Mail Alert No. 635, April 2, 2003.

He stated that "this bill does not touch the issue of collecting sales taxes on remote vendors". When the Congress was considering extending the moratorium in 2001, some members argued that the two issues should be addressed together. Rep. Cannon argued that they should be dealt with separately.

Several members argued that states are facing revenue crises, and that sales and use taxes need to be addressed by the Congress. For example, Rep. Bill Delahunt (D-MA) said that "states are facing the biggest budget crisis since the great depression". He added that states are losing revenues because of transactions that are taking place on the internet. He added Congress could remedy this situation by passing legislation that addresses the Quill decision.

The U.S. Supreme Court ruled in Quill v. North Dakota, 504 U.S. 298 (1992) that state and local taxing authorities are barred under the Commerce Clause from requiring remote sellers without a substantial nexus to the taxing jurisdiction to collect sales taxes for sales to persons within the jurisdiction. However, the Court added that Congress may extend such authority.

Rep. Sheila Lee (D-TX) fought a solitary battle against the bill. First, she offered an amendment the would have preserved the grandfather clause. It failed on a voice vote. She was the only member to vote for it. Then, she offered an amendment to phase out the grandfather clause over several years. It too failed on a voice vote. She was the only member to vote in favor.

Rep. Mel WattTechnological Neutrality and New Services. The Committee adopted an amendment offered by Rep. Watt (at right) that he stated would provide "technological neutrality".

He explained that the existing moratorium provides a ban on internet access taxes, but expressly excepts telecommunications services. He stated that some states currently impose a tax on DSL service when it is sold as part of a package with phone service. Thus, internet access, when provided by DSL, is taxed, while other technologies for providing broadband internet access are not taxed. He stated that his amendment would clarify that DSL service is covered by the ban on internet access taxes.

The amendment would add the following: "(c) CLARIFICATION. --- The second sentence of section 1104(5), and the second sentence of section 1101(e)(3)(D), of the Internet Tax Freedom Act (47 U.S.C. 151 note) are each amended by inserting ``, except to the extent such services are used to provide Internet access´´ before the period." (Parentheses in original.)

Subsection 1101(e) lists exceptions to the moratorium. Subsection 1101(e)(3) contains definitions. Subsection 1101(e)(3)(D) defines "Internet access service" as follows: "The term 'Internet access service' means a service that enables users to access content, information, electronic mail, or other services offered over the Internet and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers. Such term does not include telecommunications services."

Section 1104 is the general definitions section. Subsection 1104(5) defines "Internet access" as follows: "The term 'Internet access' means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to users. Such term does not include telecommunications services."

Rep. Cannon stated that the Watt amendment "restores the Internet Tax Freedom Act to its original intent". He also argued that allowing taxes on internet access would aggravate the digital divide.

Rep. Zoe Lofgren (D-CA) also spoke in support of the amendment. She stated that the rollout of broadband service is important for stimulating the economy, and that the bill, with the Watt amendment, will further this goal.

Rep. Steve King (R-IA) raised the subject of voice over internet protocol (VOIP). He suggested that "if we prohibit the taxation of voice over IP" then this would put "landline" voice service providers at a disadvantage.

Steve Berry of the Cellular Telecommunications and Internet Association (CTIA) stated in a release that "This is a big win for the wireless industry -- especially for wireless technologies that are becoming the pathway to the Internet. The Internet has changed dramatically in the past five years, and this amendment helps ensure that the legislation reflects both current and future realities ... Consumers are best served when Internet access providers are competing on a level playing field. Technological neutrality is a key factor in making Internet access available to all Americans."

Reaction. Secretary of Commerce Donald Evans and Secretary of the Treasury John Snow released a joint statement after the mark up. They wrote that "The Internet is an innovative force that opens vast potential economic and social benefits of e-commence and enables such applications as distance learning, telemedicine, e-business, e-government and precision farming. Government must not slow the rollout of Internet services by creating administrative barriers or imposing new access taxes. Nor should government stifle e-commerce through multiple or discriminatory taxes. Today's Committee vote is welcome news and will help ensure that the full Congress will have time to pass, and the President to sign, legislation extending the moratorium before it expires on November 1, 2003."

Rep. Cox, who is the sponsor of the bill, but not a member of the House Judiciary Committee, issued a release which states that "A vote on the House floor and action in the Senate Commerce Committee are expected soon."

House Appropriations Committee Approves FCC Appropriation, with TV Ownership Cap Rider

7/16. The House Appropriations Committee (HAC) approved the Commerce, Justice, State, the Judiciary and Related Agencies Appropriation Bill for FY 2004. This bill includes appropriations for the Federal Communications Commission (FCC).

The bill provides an appropriation for the FCC of $279 Million. This is $2 Million below the President's request, and $8 Million above the FY 2003 appropriation.

The HAC also added a rider offered by Rep. David Obey (D-WI), by a vote of 40-25, that prohibits the use of funds to grant licenses for a commercial TV broadcast station if the granting of that license would result in such party having an aggregate national audience reach exceeding 35%. See, HAC release.

The amendment would have the effect of preventing the FCC from fully implementing, during FY 2004, the national TV ownership provisions of its Report and Order and Notice of Proposed Rulemaking [257 pages in PDF] amending its media ownership rules.

On June 2, the FCC announced rules changes that raise the national TV ownership cap from 35% to 45%. That is, one company can own TV stations reaching no more than a 45% share of U.S. TV households. See, stories titled "FCC Announces Revisions to Media Ownership Rules" and "Reaction to the FCC's Media Ownership Announcement" in TLJ Daily E-Mail Alert No. 672, June 3, 2003, and story titled "FCC Releases Media Ownership Order and NPRM" in TLJ Daily E-Mail Alert No. 692, July 7, 2003. See also, FCC press release [10 pages in PDF] of June 2, 2003.

On June 19, 2003, the Senate Commerce Committee amended and passed S 1046, the "Preservation of Localism, Program Diversity, and Competition in Television Broadcast Service Act of 2003". The bill would roll back some of the changes FCC's media ownership. In particular, it would establish by statute a national broadcast television multiple ownership cap of 35%. See, TLJ story titled "Senate Commerce Committee Passes Media Ownership Bill", June 19, 2003.

On July 15, FCC Commissioners Michael Copps and Jonathan Adelstein wrote a letter [PDF] to FCC Chairman Michael Powell requesting that the FCC "stay its media ownership decision of June 2nd."

They wrote that "We seek a vote by the Commission on the question of a temporary stay of our rules to allow the Commission time to obtain concrete public input on the effect of the rule changes and to allow the people’s elected representatives in Congress to debate media consolidation. In addition, we seek expeditious consideration of any reconsideration petitions that are filed with the Commission once the public has the opportunity to analyze the implications of the rule changes." See also, Copps and Adelstein release [PDF].

More Capitol Hill News

7/16. Federal Reserve Board Chairman Alan Greenspan testified before the Senate Banking Committee. See, prepared testimony, which is the same as his prepared testimony of July 15 for the House Financial Services Committee. See also, opening statement of Sen. Richard Shelby (R-AL) and opening statement of Sen. Paul Sarbanes (D-MD).

7/16. The House Financial Services Committee's Subcommittee on Financial Institutions passed HR 2622, the "Fair and Accurate Credit Transactions Act of 2003" (FACT Act), by a vote of 41-0. Title II of the bill pertains to identity theft prevention. The bill is sponsored by Rep. Spencer Bachus (R-AL). See, HFSC release.

7/16. The House Judiciary Committee voted to report HR 2738, the "U.S. - Chile Free Trade Agreement Implementation Act", and HR 2739, the "U.S. - Singapore Free Trade Agreement Implementation Act". This Committee has jurisdiction over its visa provisions. The House Ways and Means Committee, which has jurisdiction over trade issues, is scheduled to consider these two bills on Thursday, July 17 at 2:00 PM. The Senate Finance Committee, which has trade jurisdiction, is scheduled to consider the Senate version of these two bills on July 17 at 10:00 AM. And finally, the Senate Judiciary Committee is scheduled to consider this legislation on July 17 at 9:30 AM. See also, the U.S Chile Free Trade Agreement (FTA), which was signed on June 6, 2003, and the U.S. Singapore FTA, which was signed on May 6, 2003. Both contains provisions relating to e-commerce, protection of intellectual property rights, and telecommunications.

7/16. The House Judiciary Committee approved HR 1303 by voice vote. The Committee adopted an amendment in the nature of a substitute, and then the bill as amended. This bill amends the E-Government Act of 2002 with respect to rule-making authority of the Judicial Conference.

Court Rules Retaliation by State for Work Related E-Mail is Not Actionable Under § 1983

7/16. The U.S. Court of Appeals (8thCir) issued its unpublished opinion [2 pages in PDF] in Bracey v. Lawson, holding that in a Section 1983 claim that asserts violation of free speech rights, an alleged retaliation by a state employer against an employee for sending a e-mail message about the job performance of a co-worker is not actionable, because the subject of the speech is not a matter of public concern.

Mary Bracey filed a complaint in U.S. District Court (EDArk) against Jim Lawson and the City of Little Rock, Arkansas, alleging violation of 42 U.S.C. § 1983. She alleged that she was denied promotion by her employer for sending an anonymous e-mail message criticizing a fellow employee's job performance, in violation of her First Amendment free speech rights. The District Court granted summary judgment to the City.

Section 1983 provides, in part, that "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable."

The Appeals Court affirmed. It wrote that "The First Amendment protects a public employee's speech so long as it addresses a matter of public concern."

The Court continued that "Speech qualifies as a matter of public concern if it is ``fairly considered as relating to any matter of political, social, or other concern to the community.´´ ... Having reviewed the record in the light most favorable to Bracey, as we must on summary judgment, we conclude that the district court determined correctly that because Bracey’s e-mail message was purely job-related and thus did not qualify as a matter of public concern, it did not constitute protected speech under the First Amendment." (Citations omitted.)

The Court added that "Bracey failed to show any causal connection between the e-mail message and any adverse employment action, as is required of a successful claim of First Amendment retaliation under § 1983."

DOJ Does Not Support SBC's Michigan Long Distance Application

7/16. The Department of Justice's (DOJ) Antitrust Division issued its Evaluation [23 pages in PDF] for the Federal Communications Commission (FCC) of SBC's Section 271 application to provide in region interLATA services in the state of Michigan.

The Evaluation states that "in-region, interLATA entry by a regional Bell Operating Company (``BOC´´) should be permitted only when the local markets in a state have been ``fully and irreversibly´´ opened to competition. Although SBC has made significant progress in addressing many of the issues raised in the DOJ Michigan II Evaluation and substantial entry has occurred in Michigan, serious questions continue to be raised concerning the accuracy of SBC’s wholesale billing. The record does not permit the Department to conclude that these concerns are insignificant or that they have been adequately addressed. Thus, the Department is not in a position to support this application based on the current record." (Footnotes removed from quotes from the Evaluation.)

The Evaluation also addresses line splitting and DSL service. It states that "line-splitting service to CLECs could provide an important platform for future broadband competition. Such a platform will be more important if in the future incumbent local exchange providers are no longer required to share their voice customer loops with independent providers of DSL service. In such an environment, and absent line-splitting service, a given area might be served only by two broadband providers, the incumbent local exchange provider itself and any cable television system serving the same area."

The Evaluation recommends that the FCC should "determine based on the record before it whether SBC's processes provide non-discriminatory access to line-splitting and UNE-platform services. SBC's current processes appear to place the CLECs at a competitive disadvantage as against SBC when they seek to sell DSL service. Their customers could experience a significant interruption of voice service if they later choose to disconnect the DSL service. SBC customers apparently do not suffer the same potential disability."

SBC filed its application with the FCC on June 19, 2003. The FCC must approve or deny the application within 90 days. This is SBC's fourth application to provide long distance service in Michigan. It withdrew the previous three. This is FCC WC Docket No. 03-138. See also, DOJ release.

Thursday, July 17

The House will meet at 10:00 AM for legislative business. It will consider several non tech related items. See, Republican Whip Notice.

9:00 AM. The Republican House Policy Committee's Tax Reform Subcommittee will hold a closed meeting on international taxation reform. There will be a press stakeout at 10:00 AM at the Hall of Columns, 1st Floor, Capitol Building. Press contact: Kate Whitman at 202 225-5611.

9:30 AM. The Senate Commerce Committee will meet to consider pending calendar business. The agenda includes consideration of S 1250, the "Enhanced 911 Emergency Communications Act of 2003", S 1395, the "Technology Administration Authorization Act of 2003", and the nomination of Pamela Harbour to be a Commissioner of the Federal Trade Commission (FTC). Press contact: Rebecca Hanks (McCain) 202 224-2670 or Andy Davis (Hollings) at 202 224-6654. See, notice. Location: Room 253, Russell Building.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. The agenda includes consideration of several judicial nominees: William Pryor (U.S. Court of Appeals for the 11th Circuit), James Browning (District of New Mexico), Kathleen Cardone (Western District of Texas), James Cohn (Southern District of Florida), Frank Montalvo (Western District of Texas), and Xavier Rodriguez (Western District of Texas). The agenda also includes consideration of several executive branch nominations: Jack Goldsmith (Assistant Attorney General in charge of the Office of Legal Counsel), Christopher Wray (Assistant Attorney General in charge of the Criminal Division), and Michael  Garcia (Assistant Secretary, Department of Homeland Security). The agenda also includes consideration of several bills and resolutions, including legislation implementing the U.S. Singapore Free Trade Agreement and the U.S. Chile Free Trade Agreement; the Committee has jurisdiction over the visa provisions. See, notice. Press contact: Margarita Tapia at 202 224-5225. This Committee frequently changes the time and agenda of its meetings without notice. Location: Room 226, Dirksen Building.

9:30 AM - 2:30 PM. The Federal Communications Commission's (FCC)  Public Safety National Coordination Committee (PSNCC) will hold a general membership meeting. See, notice in the Federal Register, June 20, 2003, Vol. 68, No. 119, at Pages 6989 - 36990. Location: FCC, 445 12th Street, SW, Room TW-C305 (Commission Meeting Room).

10:00 AM. The Senate Finance Committee will meet in executive session to consider the United States-Chile Free Trade Agreement Implementation Act, and the United States-Singapore Free Trade Agreement Implementation Act. This session will take place during the Committee's hearing on nursing home quality, as soon as a quorum is present. Location: Room 215, Dirksen Building.

1:00 PM. The House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing on HR 2517, the "Piracy Deterrence and Education Act of 2003." The hearing will be webcast. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

2:00 PM. The House Ways and Means Committee will meet to mark up HR 2739 [PDF], the "United States Singapore Free Trade Implementation Act" and HR 2738 [PDF], the "United States Chile Free Trade Implementation Act". Location: Room 1100, Longworth Building.

Friday, July 18

RESCHEDULED TO JULY 22. 9:30 AM. The Senate Judiciary Committee will hold a hearing on several pending judicial nominations: Steven Colloton (U.S. Court of Appeals for the Eighth Circuit), Henry Floyd (District of South Carolina), Brent McKnight (Western District of North Carolina), David Proctor (Northern District of Alabama). The hearing will also include the nomination of Rene Acosta to be an Assistant Attorney General in charge of the Civil Rights Division. Press contact: Margarita Tapia at 202 224-5225. Location: Room 226, Dirksen Building.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding its proposed consent agreement with Guess?, Inc. and Guess.com, Inc. (Guess) pertaining to the FTC's allegations of false or misleading representations Guess made to consumers about the security of personal information collected online through www.guess.com, Guess' online store. See, notice in the Federal Register, June 24, 2003, Vol. 68, No. 121, at Pages 37496 - 37498.

Monday, July 21

3:00 PM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled "The Regulatory Status of Broadband Services: Information Services, Common Carriage, or Something in Between?" The hearing will be webcast. Press contact: Ken Johnson or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) pertaining to the possibility of incorporating receiver performance specifications into the FCC's spectrum policy. This NOI follows the recommendations of the FCC's Spectrum Policy Task Force (SPTF) report [PDF] of November 15, 2002. See, story titled "FCC Announces NOI Re Receiver Performance Standards" in TLJ Daily E-Mail Alert No. 624, March 17, 2003. See also, notice in the 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.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice in the Federal Register requesting public comments regarding changes needed to implement a Patent Cooperation Treaty (PCT) style Unity of Invention standard in the U.S. See, Federal Register, May 20, 2003, Vol. 68, No. 97, at Pages 27536 - 27539. For more information, contact Robert Clarke at 703 305-9177 or robert.clarke@uspto.gov.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking, released on April 30, 2003, regarding changes to its rules implementing the FCCs policy to carry forward unused funds from the schools and libraries universal support mechanism (aka e-rate subsidies) in subsequent funding years. See, notice in the Federal Register, June 20, 2003, Vol. 68, No. 119, at Pages 36961 - 36967.

Tuesday, July 22

10:00 - 11:30 AM. The Intellectual Property Law Section of the D.C. Bar Association will host a visit to the Copyright Office. Prices vary. For more information, call 202 626-3463. Location: Copyright Office, Room 401, Madison Building, First Street and Independence Avenue, SE.

10:00 AM. The Senate Judiciary Committee will hold a hearing on several pending judicial nominations: Steven Colloton (U.S. Court of Appeals for the Eighth Circuit), Henry Floyd (District of South Carolina), Brent McKnight (Western District of North Carolina), David Proctor (Northern District of Alabama). The hearing may also include the nomination of Rene Acosta to be an Assistant Attorney General in charge of the Civil Rights Division. Press contact: Margarita Tapia at 202 224-5225. This Committee frequently changes the time and agenda of its meetings without notice. Location: Room 226, Dirksen Building.

DATE & TIME CHANGE. 2:00 AM. The Senate Judiciary Committee will hold a hearing "Bankruptcy and Competition Issues in relation to the WorldCom Case". Press contact: Margarita Tapia at 202 224-5225. Location: Room 226, Dirksen Building.

3:00 PM. The National Telecommunications and Information Administration (NTIA) will hold a public briefing on its creation of a second level domain within the .us country code domain that is restricted to material that is not harmful to minors. This is required by the Dot Kids Implementation and Efficiency Act of 2002, HR 3833 in the 107th Congress, Public Law No. 107-317. This briefing will provide information about the domain, instructions about registering a kids.us address, content guidelines and restrictions, and an overview of the content review process. See, NTIA notice. Location: Room 2123, Rayburn Building.

Wednesday, July 23

9:00 AM. Day one of a two day meeting to the Bureau of Industry and Security's (Bureau of Export Administration) Information Systems Technical Advisory Committee. Part of the meeting will be closed to the public. The agenda includes discussion of export controls on signal generators and arbitrary waveform generators, discussion of developments in micro-processors technology and export controls, discussion of proposal on encryption in network management, election of a new chairman, and secret matters. See, notice in the Federal Register, July 8, 2003, Vol. 68, No. 130, at Pages 40626 - 40627. Location: Room 3884, Hoover Building, 14th St. between Pennsylvania Ave. and Constitution Ave., NW.

9:30 AM. The Senate Commerce Committee will hold a hearing "to examine public interest and localism". Press contact: Rebecca Hanks (McCain) 202 224-2670 or Andy Davis (Hollings) at 202 224-6654. Location: Room 253, Russell Building.

2:00 PM. The Senate Judiciary Committee will hold a hearing on the nominations of Rene Acosta to be an Assistant Attorney General in charge of the Civil Rights Division, and Daniel Bryant to be an Assistant Attorney General in charge of the Office of Legal Policy. Press contact: Margarita Tapia at 202 224-5225. This Committee frequently changes the time and agenda of its meetings without notice. Location: Room 226, Dirksen Building.

2:30 PM. The Senate Commerce Committee will hold a hearing "to examine privacy and digital rights management". Press contact: Rebecca Hanks (McCain) 202 224-2670 or Andy Davis (Hollings) at 202 224-6654. Location: Room 253, Russell Building.

More News

7/15. Erkki Liikanen, the Member of the European Commission responsible for Enterprise and the Information Society, gave a speech titled "Getting Ready to Implement New EU Electronic Communications Law" in Brussels, Belgium.

About Tech Law Journal
Tech Law Journal publishes a free access web site and subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year. However, there are discounts for subscribers with multiple recipients. Free one month trial subscriptions are available. Also, free subscriptions are available for journalists, federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until one month after writing. See, subscription information page.

Contact: 202-364-8882; E-mail.
P.O. Box 4851, Washington DC, 20008.
Privacy Policy
Notices & Disclaimers
Copyright 1998 - 2003 David Carney, dba Tech Law Journal. All rights reserved.