9/15. Amit Yoran was named Director of the National Cyber Security Division (NCSD) of the Information Analysis and Infrastructure Protection Directorate (IAIP) at the Department of Homeland Security (DHS). See, DHS release.

Yoran was previously VP for Managed Security Services at Symantec. Before that, he founded Riptech, Inc., which provided outsourced information security management and monitoring. Symantec acquired Riptech in 2002 for $145 Million. See, Symantec release.

And before that, Yoran was the Director of the Vulnerability Assessment Program within the Computer Emergency Response Team at the Department of Defense.

In addition, the DHS's IAIP Directorate and Carnegie Mellon University created a joint effort named the "U.S. Computer Emergency Response Team (US-CERT)". The DHS stated in a release that "The US-CERT will begin as a partnership between the National Cyber Security Division (NCSD) within DHS and Carnegie Mellon's CERT®/Coordination Center (CERT/CC)."

The DHS further stated that "The US-CERT will grow to include other partnerships with private sector security vendors and other domestic and international CERT organizations. These groups will work together to coordinate national and international efforts to prevent, protect and respond to the effects of cyber attacks across the Internet. This announcement is the first in a series of upcoming announcements on new partnerships and initiatives within the National Cyber Security Division."

Robert Holleyman, P/CEO of the Business Software Alliance (BSA) stated in a release that "Without cyber security, there is no physical security. And recent events like the Blaster worm have underscored just how important it is for the Department of Homeland Security to have a strong cyber security team in place to work with private industry to investigate and prevent attacks on our critical information infrastructure".

Holleyman added that "We are pleased that Mr. Yoran, a renowned information security expert, has agreed to take on such a vital role. Mr. Yoran has worked extensively in the public and private sectors to prevent and respond to information security breaches. He knows first hand the vast threats that exist today and what needs to be done to quickly identify, assess and mitigate those threats."

Sen. Joe Lieberman (D-CT), the ranking Democrat on the Senate Governmental Affairs Committee, criticized the Bush administration's cyber security policies. He stated in a release that "The Bush Administration has shown insufficient leadership and offered little guidance on the enormous cyber security problems we face ... Instead, it has left the public sector, the private sector and the average computer user at home to fend for themselves."

Sen. Lieberman (at right) added that "We have fallen far behind where we should be ... and frankly, we cannot afford it. The numerous computer worms that plagued Internet systems this year -- and the $12 billion in economic losses that accompanied them -- show just how vulnerable we have become. Unless this Administration takes action soon, we will suffer additional losses."

"The Bush Administration issued an extremely vague strategy on cyber security in early February, and has done little since," Lieberman said. "It has shown inadequate attention to the development of a comprehensive and effective plan, much less a timeline for implementing the plan."

Rep. Adam Putnam (R-FL), Chairman of the House Government Reform Committee's Subcommittee on Technology, Information Policy, Intergovernmental Relations and the Census, stated in a release that "This is an important step in the progress that needs to be made by our government in protecting the Nation's computers from cyber attack. It is no longer a question of whether our computer networks will be attacked, but when, how often, and to what degree. I share the concerns of government and private sector experts who have testified before my Subcommittee that the United States is not adequately prepared to ward off a serious cyber attack that could cause severe economic devastation as well as potentially contribute to the loss of life of American citizens."

9/15. Secretary of Commerce Donald Evans gave a speech in Detroit, Michigan to the the Detroit Economic Club. He had harsh words for PR China's failure to comply with its World Trade Organization (WTO) obligations regarding enforcement of intellectual property rights and other matters. He reiterated the Bush administration's support for making the research and development tax credit permanent. He advocated reforming class action procedure to reduce the number of "junk lawsuits". He also announced a plan to reorganize all of the trade promotion activities at the Department of Commerce (DOC) into one unit.

China. Evans stated that "the President has made a particular point of saying that we are going to enforce international trade laws to ensure that competition is fair. During our round tables, no country raised more attention as a source of concern than China. Concerns ranged from inadequate access to China's markets to the lack of a level playing field in many areas."

"Manufacturers complained about rampant piracy of intellectual property; forced transfer of technology from firms launching joint ventures in China; trade barriers; and capital markets that are largely insulated from free-market pressures."

Evans recited an example. "Wrigley chewing gum has a 70 percent share of the Chinese market. A Wrigley official told us that the Chinese had pirated their products in the City of Guangzhou. The pirates were selling counterfeit gum. They copied the Wrigley truck. They drove Wrigley’s distribution routes."

Evans also stated that "Under the WTO agreement signed in December of 2001, China agreed to let non-bank entities establish financing arms so their consumers could purchase automobiles. We're still waiting."

And, he said that "They also promised free access to established distribution systems for American goods. We're still waiting."

"But we won't wait idly. We will work to ensure that China honors the commitments it makes", said Evans.

Junk Lawsuits. Evans stated that "We strongly believe that fair competition is at the strategic center of both our success and our economic might. Competition leads to innovation. Innovation improves productivity. Greater productivity expands economic growth. And growth improves the standard of living, leading to a better quality of life for all."

"We strongly advocate free-market principles and sound fiscal and monetary policies", said Evans. "This much is clear: Unless the indirect costs -- junk lawsuits, health care, and energy -- are brought into line, our historical advantages in productivity and innovation won’t be enough to keep American manufacturers competitive."

He quipped that "While manufacturing workers are losing their jobs, the bank accounts of plaintiff attorneys are skyrocketing."

"This country was designed to be a nation of laws -- not a nation of lawsuits. The U.S. tort liability system is the most expensive in the world, more than double the average cost of other industrialized nations." He advocated legislation that contains "common sense class action reforms", but offered no further details.

DOC Reorganization. Evans stated that "We're creating an Assistant Secretary for Manufacturing to focus on the needs of American manufacturers." He elaborated that "Under this new Assistant Secretary, we're also creating a new Office of Industry Analysis to assess the economic impacts of new rules and regulations."

He also stated that "We intend to consolidate all Commerce Department export promotion functions under a new Assistant Secretary for Trade Promotion, who would serve concurrently as the Director General of the Foreign Commercial Service."

"And, finally, creating an Unfair Trade Practices Team, within the International Trade Administration, will allow us track, detect and confront unfair competition", said Evans. "These experts will monitor economic data from our global competitors and vigorously investigate evidence of unfair practices."

Other Issues. Evans also stated once again that President Bush supports making the research and development tax credit permanent. He also stated that "the President launched a Math & Science Partnership to improve science, technology, and mathematics education."

President Bush also traveled to Michigan, but focused on other issues, including energy and the environment. See, speech in Monroe, Michigan.

9/15. Attorney General John Ashcroft gave a speech in Washington DC to the National Restaurant Association in which he stated that claims by the American Library Association (ALA) and others that the Federal Bureau of Investigation (FBI) is using the PATRIOT Act to monitor the reading habits of Americans is "hysteria and hyperbole".

Ashcroft (at right) stated that, "Unfortunately, at this moment, Washington is involved in a debate where hysteria threatens to obscure the most important issues."

"According to these breathless reports and baseless hysteria, some have convinced the American Library Association that under the bipartisan Patriot Act, the FBI is not fighting terrorism. Instead, agents are checking how far you have gotten on the latest Tom Clancy novel."

"Now you may have thought with all this hysteria and hyperbole, something had to be wrong. Do we at the Justice Department really care what you are reading? No", said Ashcroft.

He added that "The law enforcement community has no interest in your reading habits. Tracking reading habits would betray our high regard for the First Amendment. And even if someone in the government wanted to do so, it would represent an impossible workload and a waste of law enforcement resources."

Ashcroft summed up the requirements of the business records language of the PATRIOT Act as follows: "The fact is that our laws are very particular and very demanding. There are strict legal requirements. A federal judge must first determine that there is an existing investigation of an international terrorist or spy, or a foreign intelligence investigation into a non-U.S. person, and that the business records being sought are relevant to that investigation. Without meeting these legal requirements, obtaining business records, including library records, is not even an option."

Section 215. The Patriot Act was enacted in late 2001 after the terrorist attacks of September 11, 2001. Patriot is short for USA PATRIOT Act. This, in turn, is an acronym for the full title of the bill, "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001". The final version of this bill was numbered HR 3162. It became Public Law 107-56 on October 26, 2001.

When the ALA and other groups complain about monitoring libraries, they are alluding to Section 215 of the bill.

This section amends the Foreign Intelligence Surveillance Act of 1978 (FISA), codified at 50 U.S.C. § 1861 et seq. That is, it is a FISA provision that only applies to foreign powers, and agents of foreign powers, including international terrorists. It does not pertain to Title 18 searches.

Section 215 amends the section of the FISA that provides for "Access to Certain Business Records for Foreign Intelligence and International Terrorism Investigations". It provides, in part, that "The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution." (Parentheses in original.)

Section 215 further provides that "Each application under this section ... shall be made to ... a judge of the court ... or ... a United States Magistrate Judge ..."

Also, Section 215 requires that this application "shall specify that the records concerned are sought for an authorized investigation conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities."

S 1552. Sen. Lisa Murkowski (R-AK) is not given to hyperbole. However, she has introduced a bill to modify the access to business records section of the FISA.

On July 31, 2003, Sen. Murkowski introduced S 1552 [21 pages in PDF], the "Protecting the Rights of Individuals Act", or PRI Act. This bill contains numerous changes to the FISA and the Criminal Code to limit the powers of government to conduct searches, seizures, and surveillance. It revises the provisions in the FISA regarding access to business records.

Sen. Murkowski's bill would let stand the basic provisions. However, it would require the FBI to also include in its application to the judge or magistrate "a statement of the facts and circumstances relied upon by the applicant to justify the applicant's belief that the person to whom the records pertain is a foreign power or an agent of a foreign power". Sen. Murkowski's bill would also require the judge or magistrate to find that there is "probable cause to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power". See, Section 4 of S 1552.

See also, story titled "Sen. Lisa Murkowski Introduces Bill to Roll Back Surveillance Provisions of PATRIOT Act", July 31, 2003, also published in TLJ Daily E-Mail Alert No. 712, August 6, 2003.

9/15. The U.S. Court of Appeals (11thCir) issued its opinion [43 pages in PDF] in Valley Drug v. Geneva Pharmaceuticals. This is a pharmaceutical industry case -- not a technology case. Moreover, pharmaceuticals have their own regulatory framework. However, the issue in this appeal is the application of antitrust principles to agreements regarding patents, which may be of interest to some technology attorneys.

This appeal arising from a collection of private lawsuits brought against pharmaceutical companies alleging violation of Section 1 of the Sherman Act. The complaints allege that two agreements regarding patents constitute contracts in restraint of trade. The case also involves the regulatory framework that is peculiar to the drug industry.

The various actions were consolidated in the U.S. District Court (SDFl). The District Court granted the plaintiffs' motion for summary judgment that the agreement are per se violations Section 1 of the Sherman Act, 15 U.S.C. § 1. This interlocutory appeal followed. The Appeals Court reversed and remanded.

This case is Valley Drug Company et al. v. Geneva Pharmaceuticals, Inc. and Abbott Laboratories, No. 02-12091, an appeal from the U.S. District Court for the Southern District of Florida, D.C. No. 99-01317-MD-PAS.

9/15. The Federal Communications Commission (FCC) released its notice of proposed rulemaking (NPRM) [75 pages in PDF] regarding the pricing of unbundled network elements (UNEs) and the resale of services by incumbent local exchange carriers (ILECs). The FCC announced, but did not release, this NPRM on September 10. See, FCC release [PDF] of September 10, and TLJ story titled "FCC Announces NPRM To Review TELRIC Rules" in TLJ Daily E-Mail Alert No. 737, September 11, 2003.

This NPRM states that the FCC adopted "its current UNE pricing rules, which base UNE prices on the Total Element Long Run Incremental Cost (TELRIC) of a UNE, in 1996 in the Local Competition Order. The Commission stated at that time that it would continue to review its pricing rules based on the results of state arbitration proceedings and provide additional guidance as necessary. We have not undertaken a comprehensive review of the TELRIC methodology in the seven years since it was adopted, and it is appropriate to conduct such a review at this time."

The FCC has not yet set deadlines for public comment. These will be announced when the FCC publishes its notice in the Federal Register. Comments will be due 60 days after publication in the Federal Register. Reply comments will be due 105 days after publication in the Federal Register.

This is FCC Docket No. WC 03-173. The proceeding is titled "Review of the Commission Rules Regarding the Pricing of Unbundled Network Elements and the Resale of Services by Incumbent Local Exchange Carriers".

Also on September 15, the FCC's Office of Strategic Planning and Policy Analysis (OSP) released a paper [PDF] titled "Dynamic Pricing and Investment from Static Proxy Models".

The abstract of this paper states that it "evaluates the use of static cost proxy models in setting forward-looking prices, such as the prices set according to the FCC's TELRIC methodology. First, it compares the time paths of prices and depreciation under traditional regulatory accounting with the prices and depreciation implied by various versions of TELRIC. When TELRIC prices are recomputed at intervals shorter than asset lives, the firm will generally not earn the target rate of return. In these cases, a correction factor must be applied to the TELRIC price path in order for revenues to exactly recover investment cost, including the target rate of return. Next, the paper considers a firm's cost minimizing investment decisions under two different assumptions about asset obsolescence. In both scenarios, cost minimizing investment paths and implied utilization rates for the firm’s assets are derived under a variety of assumptions about the relevant input parameters. Some implications for TELRIC pricing are then derived."

This is OSP Working Paper No. 40. It was written by David Mandy and William Sharkey.

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. The House will consider several non tech related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Republican Whip Notice.

9:30 AM The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Science, Research, and Development will hold a hearing titled "The Invisible Battleground: How DHS Is Making America's Cyberspace More Secure". Robert Liscouski, Assistant Secretary for Infrastructure Protection at the Department of Homeland Security (DHS), will testify. Rep. Mac Thornberry (R-TX) will preside. Press contact: Lou Zickar at 202 225-3706. Location: Room 2118, Rayburn Building.

8:30 AM - 5:00 PM. The National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board will meet. This is the first day of a three day series of meetings. The agenda includes (1) a session on agencies customer service management work, (2) a session on the National Information Assurance Program extension activities, (3) a session on acceptable behavior of "Touching the Browser", (4) NIST information technology laboratory briefings, (5) an update by OMB on privacy and security issues, and (6) a briefing by the Department of Homeland Security Privacy Officer. See, notice in the Federal Register, August 27, 2003, Vol. 68, No. 166, at Pages 51559 - 51560. Location: Bethesda Hyatt Regency Hotel, 7400 Wisconsin Ave., Bethesda, MD.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Consumer Electronics Association v. FCC, No. 02-1312. This is a petition for review of the Federal Communications Commission's (FCC) order regarding conversion to digital television adopted on August 8, 2002, and released on August 9, in MM Docket No. 00-39. At issue is whether the FCC has authority, under the All Channel Receiver Act, 47 U.S.C. § 303(s), to require manufacturers to incorporate expensive digital tuner devices into new TV receivers, even though most TV purchasers not use these devices. The CEA is represented by the law firm of Squire Sanders. Judges Ginsburg, Roberts and Williams will preside. Location: 333 Constitution Ave. NW.

10:00 AM. Homeland Security Secretary Tom Ridge will address the Council for Excellence in Government. Location: Mayflower Hotel.

10:00 AM. The Senate Banking Committee will hold a hearing on the pending nominations of Harvey Rosen (to be a Member of the Council of Economic Advisors), Kristin Forbes (Council of Economic Advisors), Julie Myers (Assistant Secretary, Department of Commerce), and Peter Lichtenbaum (Assistant Secretary, Department of Commerce). See, notice. Location: Room 538, Dirksen Building.

12:00 NOON. The Federal Communications Bar Association's (FCBA) Executive Committee will meet.

2:30 PM. The Senate Judiciary Committee will hold a hearing on H1B visas. See, notice. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host a Continuing Legal Education (CLE) event on the Federal Communications Commission's (FCC) and Federal Trade Commission's (FTC) new rules regarding the national Do Not Call registry, telemarketing by phone, and unsolicited faxes. The speakers will be Anita Wallgren (Sidley Austin), Richard Smith (Acting Chief of the Policy Division of the FCC's Consumer & Governmental Affairs Bureau), Erica McMahon (FCC's Consumer & Governmental Affairs Bureau), John Kamp (Wiley Rein & Fielding), and Karen Leonard (FTC's Bureau of Consumer Protection's Division of Marketing Practices). For more information, contact Anita Wallgren at 202 736-8468 or awallgren@sidley.com. Location: Sidley Austin, 1501 K Street, NW.

The House will meet at 10:00 AM for legislative business. It may consider HR 49, the "Internet Tax and Nondiscrimination Act" under suspension of the rules. See, Republican Whip Notice.

8:30 AM - 5:00 PM. The National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board will meet. This is the second day of a three day series of meetings. The agenda includes (1) a session on agencies customer service management work, (2) a session on the National Information Assurance Program extension activities, (3) a session on acceptable behavior of "Touching the Browser", (4) NIST information technology laboratory briefings, (5) an update by OMB on privacy and security issues, and (6) a briefing by the Department of Homeland Security Privacy Officer. See, notice in the Federal Register, August 27, 2003, Vol. 68, No. 166, at Pages 51559 - 51560. Location: Bethesda Hyatt Regency Hotel, 7400 Wisconsin Ave., Bethesda, MD.

10:00 AM - 12:00 NOON. The NetChoice Coalition will host a panel discussion titled "Sales Tax on the Internet? Consumer Rights vs. Government Revenue". At 10:00 AM, Sen. Ron Wyden (D-OR), the sponsor of S 52, the Internet Tax Nondiscrimination Act, will speak. At 10:30 AM there will be a panel discussion. The speakers will be David Baker (Earthlink), Tod Cohen (eBay), Maureen Riehl (National Retail Federation), Scott Peterson (Streamlined Sales Tax Project), Rob Atkinson, (Progressive Policy Institute), and Jonathan Chait (The New Republic). Location: Room 608, Dirksen Building.

10:00 AM. The House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing on HR __, the "International Consumer Protection Act of 2003". The hearing will be webcast. Press contact: Ken Johnson or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee will hold a hearing on several pending judiciary nominations, including David McKeague (to be a Judge of the U.S. Court of Appeals for the Sixth Circuit). Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Commerce Committee will hold a hearing titled "Consumer Privacy and Government Technology Mandates in the Digital Media Marketplace". This hearing will examine "the consumer privacy implications of the use of subpoena powers by copyright holders to obtain the identities of Internet subscribers allegedly infringing on their copyrights" and "whether the government can mandate content protection technologies without limiting consumers' legal uses of digital media products". The scheduled witnesses are William Barr (General Counsel of Verizon), James Ellis (General Counsel of SBC Communications), John Rose (EVP of EMI), Carey Sherman (President of the RIAA), Alan Davidson (Center for Democracy and Technology), Lawrence Blanford (P/CEO of Philips Consumer Electronics North America), Jack Valenti (Ch/CEO of the MPAA), Christopher Murray (Consumers Union), and Edward Felten (Princeton University). Press contact: Rebecca Hanks (McCain) 202 224-2670 or Andy Davis (Hollings) at 202 224-6654. Location: Room 253, Russell Building.

10:00 AM. The House Financial Services Committee will hold a hearing titled "Accounting under Sarbanes Oxley: Are Financial Statements More Reliable?" Location: Room 2128, Rayburn Building.

10:00 AM. The Senate Governmental Affairs Committee will hold a hearing "to examine what can be done to ensure the future viability of the U.S. Postal Service". On July 31 the President's Commission on the United States Postal Service issued a report [208 pages in PDF] titled "Embracing the Future, Making the Tough Choices to Preserve Universal Mail Service". This report recommends that the USPS stop providing electronic and internet based bill presentment and payment, money transfers, certified mail, and data transmission services. See, story titled "Presidential Commission Reports on USPS and E-Mail" in TLJ Daily E-Mail Alert No. 710, August 4, 2003. Location: Room 342, Dirksen Building.

10:00 AM. Bill Maher, Bureau Chief of the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB), will host a "media briefing" to address "near-term issues in the wireline area". RSVP to Michael Balmoris at 202 418-0253 or Michael.Balmoris@fcc.gov. Location: FCC, 445 12th St., SW, Room TW A-402/A-442.

11:00 AM - 4:00 PM. The Cato Institute will host a symposium titled "The Supreme Court: Past and Prologue: A Look at the October 2002 and October 2003 Terms". The fourth panel, at 3:30 PM, will address the upcoming term. The speakers on that panel will be James Swanson (Cato), Michael Carvin, Walter Dellinger (O'Melveny & Myers), and Thomas Goldstein (Goldstein & Howe). The event will be webcast. See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

11:00 AM. Sen. Hillary Clinton (D-NY), Rep. Richard Burr (R-NC), Rep. Anna Eshoo (D-CA), and United Way representatives, including actor George Clooney, will hold a press conference to announce the introduction of S __, the "Calling for 2-1-1 Act of 2003". Location: Room 236, Russell Building.

12:00 NOON - 1:30 PM. The Intellectual Property Law Section of the D.C. Bar Association and the ABA will host a luncheon titled "The Clash Between the Right of Publicity and the First Amendment". The price is $10, or free if you bring your own lunch. Location: Finnegan Henderson, 1300 I Street, NW.

1:00 - 2:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will hold a closed meeting via conference call.. The agenda includes issues "regarding security matters due to diversity of ownership, control, and access to U.S. critical telecommunication and information technology infrastructures" and interdependencies of critical infrastructures. See, notice in the Federal Register, September 8, 2003, Vol. 68, No. 173, at Page 52971.

1:30 PM. Speaker Denny Hastert (R-IL), Rep. Bob Goodlatte (R-VA) and other Republicans will hold a press conference to announce the guiding principles for the Republican High Tech Working Group for the 108th Congress. Location: Room HC-6, Capitol Building.

3:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Science and Research and Development and Subcommittee on Infrastructure and Border Security will hold a joint hearing titled "Implications of Power Blackouts on America's Cyber Networks and Critical Infrastructure, Part II". The witnesses will be Robert Liscouski (Department of Homeland Security), Denise Swink (Office of Energy Assurance), Col. Michael McDaniels (Assistant Adjutant General for Homeland Security, State of Michigan), and Robert Dacey (Director of Information Security Issues, GAO). Location: Room HC 5, Capitol Building.

The House will meet at 10:00 AM for legislative business. It may consider HR 49, the "Internet Tax and Nondiscrimination Act" under suspension of the rules. See, Republican Whip Notice.

See, Republican Whip Notice.

8:00 AM - 1:45 PM. The U.S. Chamber of Commerce will host an event titled "Immigration -- Access, Security and the American Economy". See, notice. The price to attend is $95 (members) or $155 (non-members). Location: U.S. Chamber of Commerce, 1615 H Street, NW.

8:30 AM - 1:00 PM. The National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board will meet. This is the third day of a three day series of meetings. The agenda includes (1) a session on agencies customer service management work, (2) a session on the National Information Assurance Program extension activities, (3) a session on acceptable behavior of "Touching the Browser", (4) NIST information technology laboratory briefings, (5) an update by OMB on privacy and security issues, and (6) a briefing by the Department of Homeland Security Privacy Officer. See, notice in the Federal Register, August 27, 2003, Vol. 68, No. 166, at Pages 51559 - 51560. Location: Bethesda Hyatt Regency Hotel, 7400 Wisconsin Ave., Bethesda, MD.

9:00 AM. The AEI-Brookings Joint Center for Regulatory Studies will host a conference titled "Is More Regulation of Wireless Services Necessary?" See, notice. Location: American Enterprise Institute, 12th floor, 1150 17th St., NW.

9:00 AM. The Federal Communications Commission (FCC) host an event titled "Rural Wireless Internet Service Provider (WISP) Showcase and Workshop". For more information, contact Robert Pepper (Chief, Policy Development) at Robert.Pepper@fcc.gov or 202 418-2030. See, agenda [PDF]. Location: FCC, Commission Meeting Room, 445 12th Street, SW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in American Family Association v. FCC, No. 00-1310. This case pertains to issuance of noncommercial educational broadcast licenses. Judges Sentelle, Henderson and Tatel will preside. Location: 333 Constitution Ave. NW.

10:30 AM. The Senate Judiciary Committee is scheduled to hold an executive business meeting. See, notice. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Practice Committee will host a brown bag lunch. The topic will be "Antitrust Law and the Telecommunications Act of 1996: Broader Implications of the Supreme Court Trinko Case". The speakers will include Donald Russell (Robbins Russell) and John Thorne (Verizon). RSVP to Cecelia Burnett 202 637-8312. Location: Hogan & Hartson, 555 13th Street, NW, lower level.

The U.S. Trade Representative's (USTR) interagency Trade Policy Staff Committee (TPSC) will hold a hearing to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments that it made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, July 21, 2003, Vol. 68, No. 139, at Pages 43247 - 43248. Location: Room 1, 1724 F Street, NW.

The House will not meet. See, Republican Whip Notice.

9:00 AM - 4:00 PM. the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Networking and Information Technology Research and Development (NITRD) Interagency Working Group will meet. RSVP is required in advance in order to make arrangements for a visitor's badge. For more information, contact Virginia Moore moore@nitrd.gov or 703 292-4873. Location: NSF, Stafford Building, 4201 Wilson Blvd., Arlington, VA.

12:00 NOON. The Cato Institute will host an panel discussion titled "Debunking Myths about the Media Ownership Debate". The speakers will be Richard Wiley (former Chairman of the FCC), James Quello (former Chairman of the FCC), and Harold Furchtgott-Roth (former Commissioner of the FCC). A luncheon will follow the program. Registration is required to attend. See, notice and registration page. For more information, contact: Krystal Brand at kbrand@cato.org. Location: Room B-369, Rayburn Building.

Day one of a three day conference titled "Telecommunications Policy Research Conference". See, conference agenda and registration form. Location: George Mason University School of Law, Arlington, VA.

Day two of a three day conference titled "Telecommunications Policy Research Conference". See, conference agenda and registration form. Location: George Mason University School of Law, Arlington, VA.

Day three of a three day conference titled "Telecommunications Policy Research Conference". See, conference agenda and registration form. Location: George Mason University School of Law, Arlington, VA.

1:00 -3:00 PM. The Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) will sponsor a tutorial titled "Technical Challenges Associated with the Evolution to VoIP". The speakers will include Susan Spradley (Wireline Networks) and Alan Stoddard (Nortel Networks). The tutorial will cover (1) an overview of IP telephony, (2) the routing of information through the packet network, (3) provision of voice and IP communication services on a single data network, (4) network engineering rules and parameters, (5) various transition models to IP telephony, and (6) business models for service providers and end users. See, FCC release [PDF]. Location: FCC, Commission Meeting Room (TW-C305), 445th 12th Street SW., Washington, D.C.

6:00 - 9:15 PM. The Intellectual Property Law Section of the D.C. Bar Association will host a CLE course titled "Patent Damages: Discovery, Pre-trial and Litigation Strategies". Prices vary. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, 1250 H Street, NW, B-1 level.

Day one of a two day meeting hosted by the International Trademark Association (INTA) titled "Trademarks in Cyberspace". See, conference web site. Location: The Ritz-Carlton, Pentagon City, Arlington, VA.

Deadline to submit comments to the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Subcommittee on Research Business Models regarding the relationship between federal agencies and researchers. The NSTC published a notice in the Federal Register stating that it "is undertaking a review of policies, procedures, and plans relating to the business relationship between federal agencies and research performers with the goal of improving the performance and management of federally sponsored basic and applied scientific and engineering research. As part of that effort, the Subcommittee will hold a series of regional workshops in the Fall of 2003 to solicit input and feedback from the research performer community. This notice is intended to collect data that will assist the Subcommittee in setting agendas for those regional workshops." See, Federal Register, August 6, 2003, Vol. 68, No. 151, at Pages 46631 - 46632.

Deadline to submit comments to the Copyright Office (CO) in response to its Notice of Proposed Rulemaking (NPRM) regarding rates and terms for the use of sound recordings in eligible nonsubscription transmissions made by noncommercial licensees, and for the making of related ephemeral recordings. See, notice in the Federal Register, August 21, 2003, Vol. 68, No. 162, at Pages 50493 - 50495.