9/23. Sen. Mike DeWine (R-OH) and Sen. Herb Kohl (D-WI), the Chairman and ranking Democrat on the Senate Judiciary Committee's Subcommittee on Subcommittee on Antitrust, Competition Policy, and Consumer Rights, wrote a letter to Assistant Attorney General Hewitt Pate and Federal Communications Commission (FCC) Chairman Michael Powell regarding the proposed acquisition by News Corporation of a controlling interest in DIRECTV. They propose that the Department of Justice's (DOJ) Antitrust Division and FCC impose two conditions upon approval of the merger, and consider four others.

They wrote that "we believe that this transaction should only be approved upon the adoption of certain conditions". They listed two conditions. First, "the deal should only be approved on the express condition that the combined company commit to all of the Program Access Commitments News Corporation has already made as part of its FCC filings".

"Second, conditions on the deal should require that News Corporation make any sports programming, such as the World Series, currently broadcast on the Fox television network, available to DIRECTV’s competitors on nondiscriminatory terms."

Sen. DeWine (at right) and Sen. Kohl also wrote that four other "conditions may be appropriate and deserve your consideration".

First, they suggest "A commitment by News Corporation to make its broadcast television programming available to DIRECTV’s competitors on the same financial terms and conditions as it makes its broadcast television programming available to DIRECTV."

Second, they suggest "A commitment to expand DIRECTV’s carriage of local broadcast stations (the so-called “local into local” service) to specified additional markets by specified dates." (Parentheses in original.)

Third, they suggest "A commitment that News Corporation will not purchase a majority interest in Hughes Electronics for the next five years."

Finally, they suggest "A commitment to implement safeguards and procedures to prevent information sharing between DIRECTV and News Corporation regarding pricing or other contract terms for programming offered by News Corporation’s competitors, or regarding pricing or contract terms offered by DIRECTV’s competitors to purchase programming."

9/23. The House Commerce Committee's Subcommittee on Telecommunications and the Internet amended and approved HR 2898, the "E-911 Implementation Act of 2003". Rep. Billy Tauzin (R-LA), the Chairman of the full Committee, stated that "I look forward to working with Mr. Dingell to schedule a full-committee markup as soon as possible."

The bill, which was introduced on July 25, 2003 by Rep. John Shimkus (R-IL), Rep. Anna Eshoo (D-CA), and others, requires the head of the National Telecommunications and Information Administration (NTIA) to create an "E-911 Implementation Coordination Office" to "facilitate coordination and communication between Federal, State, and local emergency communications systems, emergency personnel, public safety organizations, telecommunications carriers, and telecommunications equipment manufacturers and vendors involved in the implementation of E-911 services".

The bill also authorizes the appropriation of $500 Million in grants over five years, to be administered by the NTIA, to enhance emergency communications services.

The bill would also penalize states for redirecting E-911 funds collected from consumer's cell phone bills. See also, story titled "Representatives Introduce E911 Implementation Act" in TLJ Daily E-Mail Alert No. 707, July 30, 2003.

Rep. Tauzin stated that "this bill sends a clear signal to states to stop raiding E-911 funds. States are delaying E-911 deployment and costing lives by stealing E-911 funds and diverting them to other purposes." He added that "No states that divert E-911 funds should be eligible to participate in the grant program established under H.R. 2898. And the bill correctly penalizes all other entities within states that raid funds. Pressure should be generated from the bottom up to stop states from raiding E-911 funds."

Rep. Fred Upton (R-MI), the Chairman of the Subcommittee, summarized the bill. He stated that it "will provide a much-needed boost to our nation's PSAPs as they meet the challenges facing them -- both in terms of resources and coordination -- in the provision of Phase II services to our constituents. More specifically, the bill as introduced establishes an E-911 Implementation and Coordination Office at the NTIA to facilitate coordination and communications between federal, state, and local emergency personnel that are involved in the implementation of E-911 services and serve as a central body for coordinating E-911 implementation nationwide. In addition, the bill as introduced establishes a grant program to assist states and municipalities with implementation of Phase II E-911 services."

Rep. Upton (at right) offered an amendment in the nature of a substitute that makes some changes to the bill as introduced. He summarized the bill, and the changes made by his amendment, in a pair of statements.

HR 2898 is similar to S 1250 the "Enhanced 911 Emergency Communications Act of 2003", sponsored by Sen. Conrad Burns (R-MT) and others. On July 17, 2003, the Senate Commerce Committee approved its bill by unanimous voice vote, without amendment. See, story titled "Senate Commerce Committee Approves E-911 Bill" in TLJ Daily E-Mail Alert No. 701, July 18, 2003. See also, Senate Report No. 108-130.

9/23. The Federal Trade Commission (FTC) filed an administrative complaint [3 pages in PDF] against America Online (AOL) and Compuserve Interactive Services alleging deceptive trade practices in violation of Section 5 of the Federal Trade Commission Act (FTCA), codified at 15 U.S.C. § 45, in connection with their failure to honor customer requests to stop subscribing to internet access services, and their failure to deliver rebates within the promised time period. The FTC and AOL and Compuserve simultaneously settled the complaint. See also, FTC release.

The complaint alleges that "AOL failed to implement appropriate measures to ensure that all customers' requests for cancellation were properly executed. As a result, in numerous instances, subscribers who requested cancellation were not cancelled and continued to be charged monthly service fees."

The complaint also alleges that AOL and Compuserve developed a cash rebate program for customers who purchased a three year subscription, but "failed to deliver the rebates to consumers within the promised time period" and "extended the time period in which they would deliver the rebates to consumers without consumers agreeing to this extension of time".

The FTC and AOL and Compuserve also entered into an Agreement Containing Consent Order [15 pages in PDF] that will remain in effect for twenty years.

It orders that AOL and Compuserve "shall establish and maintain appropriate measures for ensuring that consumers' requests for cancellation of such service or continuity program are promptly processed and that billing for such product or service will cease prior to the next billing cycle." It also orders the two companies not to continue to charge for service after a customer "has requested cancellation of such service".

The Order contains no fine. It contains no admissions of wrongdoing by AOL or Compuserve.

9/23. Attorney General John Ashcroft and his critics continued their debate over Section 215 of the PATRIOT Act, which pertains to access to business records under the Foreign Intelligence Surveillance Act (FISA). Most recently, the American Library Association (ALA) demanded that the Department of Justice (DOJ) release its data on how many times the section has been used to obtain records from libraries. Ashcroft responded that it has never been used, for library records, or any other business records.

Ashcroft's critics remain skeptical. ALA President Carla Hayden responded that "In any case, we hope members of Congress will restore the historic protections of library records and pass one of the legislative proposals currently on the floor".

On September 23, the Center for Democracy and Technology (CDT) responded that "It's a little hard to say what's really going on here. One factor to consider is that the DOJ has at its disposal many different authorities other than Sec. 215 for getting business records."

Ashcroft commenced that latest round of exchanges on September 15, when he gave a speech in Washington DC in which he stated that claims by the ALA and others that the Federal Bureau of Investigation (FBI), which is a part of the DOJ, is using the PATRIOT Act to monitor the reading habits of Americans are "hysteria and hyperbole". See, story titled "Ashcroft Says American Library Association Attacks on PATRIOT Act Are Hysteria and Hyperbole" in TLJ Daily E-Mail Alert No. 740, September 16, 2003.

ALA President Carla Hayden then issued a statement on September 16 calling for the release of information. She stated that "librarians have a history with law enforcement dating back to the McCarthy era that gives us pause. For decades, and as late as the 1980s, the FBI's Library Awareness Program sought information on the reading habits of people from ``hostile foreign countries,´´ as well as U.S. citizens who held unpopular political views."

Hayden then wrote that "Rather than ask the nations' librarians and Americans nationwide to ``just trust him,´´ Ashcroft could allay concerns by releasing aggregate information about the number of libraries visited using the expanded powers created by the USA PATRIOT Act."

So, on September 18, Attorney General Ashcroft provided the data. He gave a speech in Memphis, Tennessee in which he stated that "The fact is, with just 11,000 FBI agents and over a billion visitors to America's libraries each year, the Department of Justice has neither the staffing, the time nor the inclination to monitor the reading habits of Americans. No offense to the American Library Association, but we just don't care."

He continued that "But just in case there are those who persist in these fantasies, I asked the FBI and the Department of Justice to declassify the report on how many times we have used the power to check library records. And wouldn't you know it. So prying are we, so overheated is our passion to know the reading habits of Americans that we have used this authority exactly ... never. No one's reading habits have been reviewed. Not a single American's library records has been reviewed under the Patriot Act."

"Not a single court in America has validated any of the charges of violations of Constitutional rights in connection with the Patriot Act" said Ashcroft. "And so the charges of the hysterics are revealed for what they are: castles in the air. Built on misrepresentation. Supported by unfounded fear. Held aloft by hysteria."

Ashcroft only addressed the use of Section 215 to obtain library records in his speech. He went a step further in a memorandum dated September 18, that states that Section 215 has not been used for any types of records.

The memorandum states, in part, that "This memorandum confirms I have declassified the number of times to date the Department of Justice, including the Federal Bureau of Investigation (FBI), has utilized Section 215 of the USA PATRIOT Act relating to the production of business records. The number of times Section 215 has been used to date is zero (0)."

However, Ashcroft's critics persist. On September 18 the ALA's Hayden stated in a release that ""In any case, we hope members of Congress will restore the historic protections of library records and pass one of the legislative proposals currently on the floor, such as the Freedom to Read Protection Act sponsored by Congressman Bernie Sanders (I-Vermont)". This is HR 1157.

She added that "Legislators and the general public can be assured that traditional legal protections extended to library records are not an obstacle to ensuring national security. We hope Congress will reject any additional measures -- such as H.R. 3037, which would allow federal agents to use administrative subpoenas to obtain library and business records without any judicial review -- that might abridge the rights and protections afforded by our Constitution."

On September 23 the Center for Democracy and Technology (CDT), a group that argued against many provisions of the PATRIOT Act while it was being debated in 2001, issued a statement.

"Now, the DOJ claims that criticism and defense were both misguided, for Section 215 has never been used, not for the travel records covered pre-PATRIOT, not for library records, not for records of people taking scuba lessons or buying bomb-making materials or anything else. What gives?", the CDT asked rhetorically.

The CDT offered that "It's a little hard to say what's really going on here. One factor to consider is that the DOJ has at its disposal many different authorities other than Sec. 215 for getting business records."

The CDT then outlined various other mechanisms that the FBI might use to obtain library and other records, other than through Section 215. For example, the government can ask for records holders to voluntarily turn over records. Second, the government can purchase data from data warehousing and aggregating companies. Third, the government can use the grand jury process, including grand jury subpoenas for business records. Fourth, the government can use National Security Letter authority.

The CDT concluded that "It's still not clear that we have the full picture. It seems very strange that since the PATRIOT Act was enacted in October 2001 the DOJ has never once used Section 215 to compel disclosure of travel records or car rentals records or records of the purchase of bomb-making material or anything else."

Background on Section 215. When the ALA and other groups complain about monitoring libraries, they are alluding to Section 215 of the USA PATRIOT Act. This statute was enacted in late 2001 after the terrorist attacks of September 11, 2001. USA PATRIOT 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.

Section 215 amends the Foreign Intelligence Surveillance Act of 1978 (FISA), which is 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.

Section 215 amends the section of the FISA that provides for "Access to Certain Business Records for Foreign Intelligence and International Terrorism Investigations". Section 215 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."

The House will meet at 10:00 AM for legislative business. See, Republican Whip Notice.

Day one of a two day conference hosted by the Computer & Communications Industry Association (CCIA). Press contact: Gregory Minchak at 202-783-0070 ext. 109 or gminchak@ccianet.org. Location: The Ritz-Carlton Georgetown, 3100 South Street, NW. The agenda includes the following speeches:
 • 11:45 AM. Luncheon: Michael Gallagher (Acting Director of the NTIA).
 • 1:45 PM. Rep. Zoe Lofgren (D-CA).
 • 2:30 PM. Rep. Robert Matsui (D-CA).
 • 3:30 PM. Roundtable on software security: Daniel Greer and Perry Metzger.

9:30 AM. The Senate Judiciary Committee will hold a hearing on several pending judicial nominations, including those of Claude Allen to be a Judge of the U.S. Court of Appeals for the Fourth Circuit, and Dale Fischer to be a Judge of the U.S. District Court for the Central District of California. See, notice. 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 House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection will meet to mark up several bills, including HR __, the "Fairness to Contact Lens Consumers Act" and HR __, the "International Consumer Protection Act of 2003". See, notice. The event will be webcast. Location: Room 2123, Rayburn Building.

10:00 AM. The House Judiciary Committee will meet to mark up several bills, including HR 1417, the "Copyright Royalty and Distribution Reform Act of 2003". The event will be webcast. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

11:00 AM. The Cato Institute will host a panel discussion titled "Telecom & Broadband Outlook After the FCC's UNE Triennial Review Decision". The speakers will be Tom Tauke (Verizon), John Windhausen (Association for Local Telecommunications Services), Ray Gifford (Progress & Freedom Foundation), and John Malone (Eastern Management Group). To register, contact Krystal Brand at kbrand@cato.org or use the online registration page. Lunch will follow the program. Location: Cato, 1000 Massachusetts Avenue, NW.

1:00 PM. The House Commerce Committee will hold a hearing titled "The Future of Universal Service". The event will be webcast. Press contact: Ken Johnson or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.

6:00 - 8:15 PM. The Computer & Telecommunications Law Section of the D.C. Bar Association will host a CLE seminar titled "Ethics and the Internet". Prices vary. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 level.

The Federal Communications Commission (FCC) will hold a narrowband PCS spectrum auction. This is Auction No. 50. See, notice in the Federal Register, March 28, 2003, Vol. 68, No. 60, at Pages 15174 - 15188, for procedures, minimum opening bids, and revised inventory and start date, and other information. See also, FCC notice.

The National Institute of Standards and Technology (NIST) and The Instrumentation and Measurement Society of the Institute of Electrical and Electronics Engineers (IEEE) will host an event titled "Workshop on IEEE-1588 Standard for a Precision Clock Synchronization Protocol for Networked Measurement and Control Systems". See, NIST's notice and IEEE-1588 pages. Location: NIST, Gaithersburg, MD.

Day one of a three day course hosted by the National Institute of Standards and Technology (NIST), and offered by MIS Training Institute, titled "Securing and Auditing Virtual Office Networks". The price to attend is $435. See, notice. Location: NIST, Gaithersburg, MD.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding telecommunication relay services (TRS) and speech-to-speech services for individuals with hearing and speech disabilities. This is CG Docket No. 03-123. See, notice in the Federal Register, August 25, 2003, Vol. 68, No. 164, at Pages 50993 - 50998.

The House will meet at 10:00 AM for legislative business. See, Republican Whip Notice.

Day two of a two day conference hosted by the Computer & Communications Industry Association (CCIA). Press contact: Gregory Minchak at 202-783-0070 ext. 109 or gminchak@ccianet.org. Location: The Ritz-Carlton Georgetown, 3100 South Street, NW. The agenda includes the following speeches:
 • 8:00 AM. Rep. Martin Frost (D-TX).
 • 8:45 AM. Rep. Cliff Stearns (R-FL).
 • 9:30 AM. Rep. Rick Boucher (D-VA).
 • 10:15 AM. Rep. Robert Menendez (D-NJ).
 • 10:45 AM. Sen. Ron Wyden (D-OR).
 • 12:00 NOON. Luncheon: Sen. Sam Brownback (R-KS).
 • 2:00 PM. Bruce Mehlman, Assistant Secretary of Commerce for Technology.
 • 2:45 PM. Hewitt Pate, Assistant Attorney General for the Antitrust Division.
 • 3:30 PM. Marsha MacBride, FTC Office of Strategic Planning.

9:00 AM - 5:00 PM. Day one of a two day conference pubic workshop by the National Institute of Standards and Technology (NIST) on building secure configurations, security settings, and security checklists for information technology products widely used in the federal government. See, notice in the Federal Register, July 11, 2003, Vol. 68, No. 133, at Pages 41313 - 41314. Location: NIST, Lecture Room B, Bldg 101, Gaithersburg, MD.

9:00 AM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. See, notice in the Federal Register, September 2, 2003, Vol. 68, No. 169, at Page 52210.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. The agenda includes consideration of several judicial nominees, including Carlos Bea (U.S. Court of Appeals for the 9th Circuit), Henry Saad (U.S. Court of Appeals for the 6th Circuit), Charles Pickering (U.S. Court of Appeals for the 5th Circuit). See, notice. This committee frequently departs from the announced agendas of its business meetings. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

9:30 AM. The U.S. District Court (DC) will hold a status conference in Genentech v. Rogan, D.C. No. 03-0050. Location: Courtroom 2, 333 Constitution Ave., NW.

10:00 AM - 12:00 NOON. The House Science Committee will hold a hearing titled "Keeping the Lights on: Removing Barriers to Technology to Prevent Blackouts". The witnesses will be James Glotfelty (U.S. Department of Energy), T.J. Glauthier (Electricity Innovation Institute), Vernon Smith (Professor at George Mason University), and Tom Casten (Private Power LLC). Location: Room 2318, Rayburn Building.

11:00 AM. Rep. Ernest Istook (R-OK), Rep. William Delahunt (D-MA), other representatives, and state legislators will hold a press conference to announce the introduction of HR __, the "Streamlined Sales and Use Tax Act". Press contact: Nicole Rowe at 202 789-2111. Location: Cannon Terrace, Cannon Building.

Day two of a three day course hosted by the National Institute of Standards and Technology (NIST), and offered by MIS Training Institute, titled "Securing and Auditing Virtual Office Networks". The price to attend is $435. See, notice. Location: NIST, Gaithersburg, MD.

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

9:00 AM - 5:00 PM. Day two of a two day conference pubic workshop by the National Institute of Standards and Technology (NIST) on building secure configurations, security settings, and security checklists for information technology products widely used in the federal government. See, notice in the Federal Register, July 11, 2003, Vol. 68, No. 133, at Pages 41313 - 41314. Location: NIST, Lecture Room B, Bldg 101, Gaithersburg, MD.

Day three of a three day course hosted by the National Institute of Standards and Technology (NIST), and offered by MIS Training Institute, titled "Securing and Auditing Virtual Office Networks". The price to attend is $435. See, notice. Location: NIST, Gaithersburg, MD.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Notice of Inquiry (NOI) that solicits "data and information on the status of competition in the market for the delivery of video programming for our tenth annual report".

2:00 - 4:00 PM. The Federal Communications Commission's (FCC) Federal Advisory Committee on Diversity in the Digital Age will hold its first meeting. See, notice in the Federal Register, September 10, 2003, Vol. 68, No. 175, at Pages 53376 - 53377. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St. SW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch. The topic will be "Hot Topics in Consumer Affairs". For more information, contact Pam Slipakoff at 202 418-7705 or pslipako@fcc.gov. Location: Hogan and Hartson, 555 13th Street, NW.

Deadline to submit nominations to the Federal Communications Commission (FCC) for membership on the FCC's Intergovernmental Advisory Committee (IAC), which was previously known as the Local and State Government Advisory Committee. The FCC stated that this Committee provides "ongoing advice and information to the Commission on a broad range of telecommunications issues of interest to state, local and tribal governments, including cable and local franchising, public rights-of-way, facilities siting, universal service, broadband access, barriers to competitive entry, and public safety communications, for which the Commission explicitly or inherently shares responsibility or administration with local, county, state, or tribal governments." The deadline to submit nominations is September 29, 2003. See, FCC release [PDF] and FCC notice [3 pages in PDF].

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

Deadline to submit applications to the National Institute of Standards and Technology (NIST) for its Electronics and Electrical Engineering Laboratory Grants Program (EEEL). The NIST stated that the EEEL Grants Program provides "grants and cooperative agreements for the development of fundamental electrical metrology and of metrology supporting industry and government agencies in the broad areas of semiconductors, electronic instrumentation, radio-frequency technology, optoelectronics, magnetics, video, electronic commerce as applied to electronic products and devices, the transmission and distribution of electrical power, national electrical standards (fundamental, generally  quantum-based physical standards), and law enforcement standards." See, notice in the Federal Register, February 20, 2003, Vol. 68, No. 34, at Pages 8211-8226.

Deadline to submit comments to the Transportation Security Administration (TSA) in response to it second Privacy Act notice and request for comments regarding its proposal to establish a new system of records to support the development of a new version of the Computer Assisted Passenger Prescreening System, CAPPS II. See, Federal Register, August 1, 2003, Vol. 68, No. 148, at Pages 45265 - 45269.

9/22. Federal Reserve Board (FRB) Governor Mark Olson gave a speech in San Antonio, Texas titled "Increased Availability of Financial Products and the Need for Improved Financial Literacy" in which he addressed the role of information technology in the financial services industry.

Olson began by noting that "Many of the changes in the delivery and production of financial services are directly attributable to advances in technology and telecommunications. Just as it has in nearly every other area of the economy, technological progress has dramatically increased organizational efficiency and enhanced consumer convenience in the financial services industry."

He stated that "consumer use of computers to conduct financial activities continues to grow in popularity". For example, the Federal Reserve's 2001 Survey of Consumer Finances (SCF) "revealed that 19 percent of families accessed at least one of their accounts via the Internet, which is five times more than the number of families responding to this question on the 1995 SCF."

He also stated that "the development of credit scoring technology has had the most significant effect on the evolution of the financial services industry. The widespread use of computer models to evaluate and predict credit risk has had a tremendous impact on institutions' ability to reduce underwriting costs and has increased opportunities for identifying new customers."

He concluded that the "culmination of improvements in information processing technology, product innovation, the relaxation of regulatory restrictions, and enhanced competition has helped lower costs and increase accessibility to credit" and contributed to the "democratization of credit".

9/22. The Senate confirmed Glen Conrad to be a Judge of the U.S. District Court for the Western District of Virginia by a vote of 89-0. See, Roll Call No. 354.

9/22. The Senate confirmed Henry Floyd to be a Judge of the U.S. District Court for the District of South Carolina by a vote of 89-0. See, Roll Call No. 355.

9/23. President Bush nominated Louis Guirola to be a Judge of the U.S. District Court for the Southern District of Mississippi. See, White House release.

9/23. President Bush nominated Judith Herrera to be a Judge of the U.S. District Court for the District of New Mexico. See, White House release.

9/23. Mark Corallo was named Director of Public Affairs at the Department of Justice (DOJ). He has been the Principal Deputy Director of Public Affairs at the DOJ since March 2002. Before that, he was Communications Director of the House Government Reform Committee from 1999 to 2002. And before that, he was Press Secretary for former Rep Bob Livingston (R-LA) from 1997 to 1999. See, DOJ release.

9/18. The Federal Trade Commission (FTC) announced that it filed an amended complaint [8 pages in PDF] in U.S. District Court (NDIll) against Brian Westby and others alleging deceptive trade practices in violation of Section 5 of the Federal Trade Commission Act (FTCA), codified at 15 U.S.C. § 45, in connection with their sending spam e-mail that spoofs the return e-mail addresses of others, contains false information in subject lines, and contains false removal information.

9/22. Paxson Communications filed a petition for review of the Federal Communications Commission's (FCC) media ownership order with the U.S. Court of Appeals (DCCir). It previously filed a petition for review with the Third Circuit. It stated in the present petition that it wanted to assure its participation in any DC Circuit proceeding in the event that the consolidation order "does not render venue proper in the Third Circuit". This is Appeals Court No. 03-1287.