10/1. President Bush signed HR 2658, the "Department of Defense Appropriations Act, 2004". Section 8131 of the bill prohibits, subject to certain classified exceptions, funds from being used to support the Defense Advanced Research Projects Agency's (DARPA) Terrorism Information Awareness (TIA) Program.

Section 8131(a) provides that "Notwithstanding any other provision of law, none of the funds appropriated or otherwise made available in this or any other Act may be obligated for the Terrorism Information Awareness Program: Provided, That this limitation shall not apply to the program hereby authorized for Processing, analysis, and collaboration tools for counterterrorism foreign intelligence, as described in the Classified Annex accompanying the Department of Defense Appropriations Act, 2004, for which funds are expressly provided in the National Foreign Intelligence Program for counterterrorism foreign intelligence purposes."

Subsection (b) provides that "None of the funds provided for Processing, analysis, and collaboration tools for counterterrorism foreign intelligence shall be available for deployment or implementation except for: (1) lawful military operations of the United States conducted outside the United States; or (2) lawful foreign intelligence activities conducted wholly overseas, or wholly against non-United States citizens."

President Bush issued a signing statement in which he addressed the exceptions contained in the Classified Annex. He criticized this as "secret law".

He wrote that "Sections 8082, 8091, 8117, and 8131 of the Act make clear that the classified annex accompanies but is not incorporated as a part of the Act, and therefore the classified annex does not meet the bicameralism and presentment requirements specified by the Constitution for the making of a law. Accordingly, the executive branch shall construe the classified annex references in sections 8082, 8091, 8117, and 8131 as advisory in effect. My Administration continues to discourage any efforts to enact secret law as part of defense funding legislation and encourages instead appropriate use of classified annexes to committee reports and joint statements of managers that accompany the final legislation."

For more on recent legislative activity pertaining to the TIA program, see the following stories:

 • "Senators Write AG Ashcroft Re Data Mining by DOJ" and "Groups Write House Armed Service Committee Re Total Information Awareness" in TLJ Daily E-Mail Alert No. 584, January 16, 2003.
 • "DARPA States FBI Is Involved in Total Information Awareness Program" in TLJ Daily E-Mail Alert No. 588, January 22, 2003.
 • "Senate Approves Total Information Awareness Amendment" in TLJ Daily E-Mail Alert No. 590, January 24, 2003.
 • "House and Senate Pass FY 2003 Appropriation Package With TIA Amendment" in TLJ Daily E-Mail Alert No. 604, February 14, 2003.
 • "Tether States that DARPA's Total Information Awareness Project Does Not Data Mine" and "Tether Addresses TIA and Other Defense Info Tech Projects" in TLJ Daily E-Mail Alert No. 633, March 31, 2003.
 • "DARPA Releases TIA Report" in TLJ Daily E-Mail Alert No. 666, May 21, 2003.
 • "House Passes Defense Appropriations Bill" in TLJ Daily E-Mail Alert No. 694, July 9, 2003.
 • "Poindexter Writes About Uses of Information Technology to Fight Terrorism" in TLJ Daily E-Mail Alert No. 719, August 15, 2003.

10/1. President Bush signed HR 2555, the "Department of Homeland Security Appropriations Act, 2004." The Department of Homeland Security (DHS) wrote in a summary of the bill that "Overall, the Department's FY 2004 budget authority totals $37.6 billion: $30.4 billion provided by the Congress plus an additional $7.2 billion in fees."

The bill does not specify how much is appropriated for the National Cyber Security Division (NCSD) of the Information Analysis and Infrastructure Protection Directorate (IAIP).

It does state, "For salaries and expenses of the immediate Office of the Under Secretary for Information Analysis and Infrastructure Protection and for management and administration of programs and activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $125,000,000."

The bill also states, "For expenses for information analysis and infrastructure protection as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $714,300,000, to remain available until September 30, 2005." These two items total $839,300,000.

In addition, the DHS summary states that of this $839.3 Million for the IAIP, there is "$84.2 million for infrastructure vulnerability and risk assessment, which will develop and maintain a complete, accurate, and prioritized mapping of the nation's critical infrastructures and key assets including agriculture, food, water, public health, emergency services, government, defense industrial base, information and telecommunications, energy, transportation, banking and finance, chemical and hazardous materials, postal and shipping, and monuments and icons."

The DHS also stated that there is "$141 million for the National Communications System, which includes the emergency notification system, back-up dial-tone, government emergency telecommunications network, and wireless priority service."

President Bush gave a speech at a signing ceremony. However, while he broadly referenced protecting critical infrastructures, he did not mention cyber security. He said that "DHS experts help the public and private sectors to identify and address vulnerabilities in our power grids, chemical plants, communications systems and transportation networks. ... More than $900 million in this bill will go to science and technology projects, including a major effort to anticipate and counter the use of biological weapons. With more than $800 million, we will assess the vulnerabilities in our critical infrastructures, we'll take action to protect them."

The bill also restricts the use of appropriated funds for the Computer Assisted Passenger Prescreening System (CAPPS II), at the DHS's Transportation Security Administration. See, story titled "Homeland Security Appropriations Bill Purports to Restrict Use of Funds for CAPPS II", below.

10/1. President Bush signed HR 2555, the "Department of Homeland Security Appropriations Act, 2004." The bill contains language prohibiting the use of funds for the Computer Assisted Passenger Prescreening System (CAPPS II) program until the General Accounting Office (GAO), which is an arm of the Congress, issues a report to the Congress in which it finds that the CAPPS II program meets certain specified criteria set out in the bill. However, while this language is in the bill, and the President signed the bill, the President wrote in a separate signing statement that this language of the bill is ineffective under the Supreme Court's opinion in INS v. Chadha. Bush wrote that while the language is mandatory, he will construe it as merely advisory.

Background. Before the terrorist attacks of September 11, 2001, the commercial airlines conducted passenger screening, and administered the CAPPS I, subject to federal guidelines. In late 2001, the Congress passed the Aviation and Transportation Security Act, which created the Transportation Security Administration (TSA) as a unit of the Department of Transportation (DOT). This Act gave the TSA responsibility for airport passenger screening. In late 2002, the Congress passed the Homeland Security Act, which, among other things, created the Department of Homeland Security (DHS), and transferred the TSA from the DOT to the new DHS.

The proposed new CAPPS II, the next generation passenger screening system, if implemented, would be a government (TSA) run system that replaces CAPPS I. However, it has been criticized and opposed by former Rep. Bob Barr (R-GA), the Electronic Privacy Information Center (EPIC), the ACLU, and others, on privacy grounds.

Section 519 of HR 2555. Section 519(a) of the appropriations act provides that "None of the funds provided by this or previous appropriations Acts may be obligated for deployment or implementation, on other than a test basis, of the Computer Assisted Passenger Prescreening System (CAPPS II) that the Transportation Security Administration (TSA) plans to utilize to screen aviation passengers, until the General Accounting Office has reported to the Committees on Appropriations of the Senate and the House of Representatives that--
  (1) a system of due process exists whereby aviation passengers determined to pose a threat and either delayed or prohibited from boarding their scheduled flights by the TSA may appeal such decision and correct erroneous information contained in CAPPS II;
  (2) the underlying error rate of the government and private data bases that will be used both to establish identity and assign a risk level to a passenger will not produce a large number of false positives that will result in a significant number of passengers being treated mistakenly or security resources being diverted;
  (3) the TSA has stress-tested and demonstrated the efficacy and accuracy of all search tools in CAPPS II and has demonstrated that CAPPS II can make an accurate predictive assessment of those passengers who may constitute a threat to aviation;
  (4) the Secretary of Homeland Security has established an internal oversight board to monitor the manner in which CAPPS II is being developed and prepared;
  (5) the TSA has built in sufficient operational safeguards to reduce the opportunities for abuse;
  (6) substantial security measures are in place to protect CAPPS II from unauthorized access by hackers or other intruders;
  (7) the TSA has adopted policies establishing effective oversight of the use and operation of the system; and
  (8) there are no specific privacy concerns with the technological architecture of the system."

Section 519 also provides that during this testing phase, "no information gathered from passengers, foreign or domestic air carriers, or reservation systems may be used to screen aviation passengers, or delay or deny boarding to such passengers". It also sets a deadline of February 15, 2004 for the GAO to submit its report.

Bush's Chadha Reservation. President Bush signed the bill. He also issued a signing statement in which he asserted that the Supreme Court opinion in INS v. Chadha, 462 U.S. 919 (1983), leads him to construe Section 519 contrary to its plain meaning.

President Bush wrote that "The executive branch shall construe as calling solely for notification the provisions of the Act that purport to require congressional committee approval for the execution of a law. Any other construction would be inconsistent with the principles enunciated by the Supreme Court of the United States in 1983 in INS v. Chadha."

He added that "To the extent that section 519 of the Act purports to allow an agent of the legislative branch to prevent implementation of the law unless the legislative agent reports to the Congress that the executive branch has met certain conditions, the executive branch shall construe such section as advisory, in accordance with the Chadha principles.

10/1. September 30 was the extended deadline to submit comments to the Transportation Security Administration (TSA) regarding the Privacy Act ramifications of its proposal to establish a new system of records to support the development of the Computer Assisted Passenger Prescreening System (CAPPS II).

David Sobel and Marcia Hoffman submitted a comment [18 pages in PDF] on behalf of the Electronic Privacy Information Center (EPIC).

The comment states that CAPPS II "is a secret, classified system that the agency will use to conduct background checks on tens of millions of airline passengers. The resulting ``risk assessments´´ will determine whether individuals will be subject to invasive searches of their persons and belongings, or be permitted to board commercial aircraft. TSA will not inform the public of the categories of information contained in the system. It will include information that is not "relevant and necessary" to accomplish its stated purpose of improving aviation security. Individuals will have no judicially enforceable right to access information about them contained in the system, nor to request correction of information that is inaccurate, irrelevant, untimely or incomplete. In short, it is precisely the sort of system that Congress sought to prohibit when it enacted the Privacy Act of 1974."

The EPIC argues that "TSA must revise its Privacy Act notice for the CAPPS II system to 1) ensure greater transparency through the establishment of a non-classified system; 2) provide individuals enforceable rights of access and correction; 3) limit the collection of information to only that which is necessary and relevant; and 4) substantially limit the routine uses of collected information. Further, development of the system should be suspended until TSA prepares a final Privacy Impact Assessment, discloses it to the public and receives public comments. Finally, the agency should not acquire personal information, even for testing purposes, until it has revised its Privacy Act notice as suggested above."

James Dempsey and Lara Flint of the Center for Democracy and Technology (CDT), and Michael DeSanctis and Robin Meriweather of the law firm of Jenner & Block, submitted a comment [17 pages in PDF] on behalf of the CDT.

The CDT comment offers the following conclusions: "TSA's proposed uses of CAPPS II go far beyond aviation security, representing ``mission creep´´ even before CAPPS II becomes operational. These additional uses of the system unlawfully extend TSA's activities beyond the Congressional grant of authority to TSA in the Aviation and Transportation Security Act. Other uses of the system set out in the Interim Notice would violate the Privacy Act. Many terms and proposed uses articulated in the Notice are so vague and undefined that they threaten the fundamental effectiveness of CAPPS II and jeopardize the public’s confidence in TSA’s ability to implement CAPPS II in a way that respects important privacy concerns. TSA’s reliance on unspecified government databases of uncertain accuracy to evaluate whether passengers are risks to aviation security remains a leading cause for concern."

Former Rep. Bob Barr (R-GA) also submitted a comment. He stated in a release on September 30 that CAPPS II "would establish a vast computer database, against which all airline travelers would be subject to review before being given a color-coded score allowing them to travel, being subject to further searches, or detained and possibly arrested." He asserts that it would be unconstitutional.

The EPIC has also sought records from the government to assist it and others in preparing comments for the TSA. On September 4, it filed a complaint in U.S. District Court (DC) under the Freedom of Information Act (FOIA) seeking the expedited processing and release of agency records concerning the CAPPS II. Specifically, the EPIC sought a "Capital Asset Plan and Business Case" and any "Privacy Impact Assessments" prepared for the CAPPS II project. See, the EPIC's Memorandum in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction [16 pages in PDF].

On September 5, the TSA filed a pleading [2 page PDF scan] titled "Praecipe" with the District Court that states that the TSA and EPIC agreed that the TSA "will complete its processing of the FOIA request" by September 25. On September 25, 2003, the TSA sent a letter [2 pages in PDF] to the EPIC in which it stated that the documents sought by the EPIC are exempted from disclosure.

See, related stories: "TSA and EPIC Reach Agreement Regarding Production of Documents Regarding CAPPS II" in TLJ Daily E-Mail Alert No. 734, September 8, 2003, and "EPIC Files FOIA Suit For CAPPS II Records" in TLJ Daily E-Mail Alert No. 733, September 5, 2003.

The TSA published a Privacy Act notice and request for comments in the Federal Register on January 15, 2003 in which it proposed to establish a new system of records to support the development of the new version of the CAPPS. See, Federal Register, January 15, 2003, January 15, 2003, Vol. 68, No. 10, at Pages 2101 - 2103.

The TSA published a second Privacy Act notice and request for comments in the Federal Register on August 1, 2003, in which it announced that it received "substantial comments ... in response to the prior notice", and that "significant changes have been made to date to the proposed CAPPS II system and to the CAPPS II Privacy Act notice in light of these comments".

This second notice further states that "Additional comments are sought on the modifications to this Privacy Act notice". This second notice sets a September 30, 2003 deadline for public comments. See, Federal Register, August 1, 2003, Vol. 68, No. 148, at Pages 45265 - 45269.

10/1. The Securities and Exchange Commission (SEC) filed a civil complaint in U.S. District Court (DC) against J.P. Morgan Securities Inc. (JPMSI), a subsidiary of J.P. Morgan Chase & Co., alleging violation of Rule 101 of Regulation M in connection with its initial public offering (IPO) allocation practices.

The complaint alleges that from March 1999 through August 2000 JPMSI was the lead underwriter for nine oversubscribed and hot IPOs: Rowecom, Valley Media, Genentech, Hoover's Online, IPIX, Vicinity Corp., The Medicines Company, Dyax, and Large Scale Biology Corp.

It alleges that JPMSI provided allocations of stock to institutional customers in the hot IPOs that it underwrote. It further alleges that JPMSI attempted to induce certain customers to place orders for shares in the aftermarket for IPOs, in violation of Rule 101 of Regulation M, which is codified at 17 C.F.R. § 242.101.

The two count complaint also alleges violation of NASD Conduct Rule 2110.

The SEC and JPMSI simultaneously settled the lawsuit. The SEC announced in a release that "J.P. Morgan has consented, without admitting or denying the allegations of the complaint, to a final judgment that would permanently enjoin J.P. Morgan from violating Rule 101 of the Commission's Regulation M and NASD Conduct Rule 2110, and order it to pay a $25 million civil penalty. The settlement terms are subject to approval by the court."

Antonia Chion, Associate Director of the SEC's Division of Enforcement, stated in this release that "The IPO market must operate free from artificial influences ... Any abusive allocation practices -- from extracting explicit agreements about aftermarket purchases to attempting to induce purchases in the aftermarket -- will not be tolerated."

This case is Securities and Exchange Commission v. J.P. Morgan Securities Inc., U.S. District Court for the District of Columbia, D.C. No. 1:03CV0208 (ESH), Judge Ellen Huvelle presiding.

10/1. President Bush nominated Charlotte Lane to be a Member of the U.S. International Trade Commission for a term expiring December 16, 2009. She currently holds a recess appointment. See, White House release.

10/1. President Bush nominated Daniel Pearsonto be a Member of the U.S. International Trade Commission for the term expiring June 16, 2011. He currently holds a recess appointment. See, White House release.

10/1. President announced his intent to nominate several people to be Members of the National Commission on Libraries and Information Science:  Jose Antonio Aponte, Sandra Ashworth, Edward Bertorelli, Carol Diehl, Allison Druin, Beth Fitzsimmons, Patricia Hines, Colleen Huebner, Stephen Kennedy, Herman Lavon Totten, Bridget Lamont, and Mary Perdue. See, White House release.

10/1. The House Commerce Committee amended and approved HR 2898, the "E-911 Implementation Act of 2003" by unanimous voice votes. See, amendment in the nature of a substitute [PDF].

The bill, which is sponsored by Rep. John Shimkus (R-IL), Rep. Anna Eshoo (D-CA) and others, would a uthorize the appropriation of $500 Million in grants over five years to upgrade public safety answering point (PSAP) facilities, establish an E-911 Coordination Office at the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) to improve coordination among federal, state and local public safety officials, penalize states for redirecting E-911 funds collected from consumer's cell phone bills, and direct the FCC to study E-911 implementation in rural areas.

Rep. Billy Tauzin (R-LA), the Chairman of the Committee, presided at the hearing. He 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."

Rep. Tauzin offered an amendment in the nature of a substitute that was approved by a unanimous voice vote. There were no other amendments. The bill, as amended, was then approved by a unanimous voice vote.

Rep. Shimkus spoke with reporters after the hearing. He acknowledged that authorizing an appropriation is not an appropriation, and that the Bush administration opposes the funding provision of the bill. However, asserted that the bill has broad bipartisan support, and "I think we could get some dollars out of the appropriators".

On September 30, Theodore Kassinger, the General Counsel of the DOC, and Rosalind Knapp, the Deputy General Counsel of the Department of Transportation (DOT), wrote a letter to Rep. Tauzin regarding HR 2898.

The wrote that "there are significant cost associated with implementing E-911, including the particular costs associated with wireless E-911, which must be dealt with by State and local governments". They added that "the Administration believes Congress should consider more efficient and more cost-effective means to address this issue, rather than establishing a new grant program as outlined in H.R. 2898."

They argued that "There is a range of Federal and private grant programs capable of providing support for E-911 implementation" and that "A number of State and local governments have implemented successful E-911 programs with little or no Federal assistance".

They also suggested that the coordination office be jointly administered by the NTIA and the DOT's National Highway Traffic Safety Administration (NHTSA).

Steve Berry, SVP for Government Affairs at the Cellular Telecommunications and Information Association (CTIA) stated in a release that "Once in place, E9-1-1 location technology will speed delivery of emergency services to people in need. But, too often states facing deficits have looked to their E9-1-1 account in order cover budget shortfalls ... This legislation will protect E9-1-1 funds while simultaneously strengthening statewide coordination and cooperation among local phone companies, wireless carriers and public safety."

Richard Taylor, President of the National Emergency Number Association (NENA), stated in a release that "E9-1-1 refers to the ability to capture precise location data from callers to emergency response centers. At present, roughly 93 percent of call centers have E9-1-1 for wireline callers, but only about 10 percent can locate wireless callers with any precision. Passage of this legislation will improve emergency response overall and ensure that eventually all Americans can be located when calling 9-1-1 from their cell phones."

The related bill in the Senate, S 1250, the "Enhanced 911 Emergency Communications Act of 2003", sponsored by Sen. Conrad Burns (R-MT) and Sen. Hillary Clinton (D-NY), was approved by the Senate Commerce Committee on July 17, 2003. See, story titled "Senate Commerce Committee Approves E-911 Bill" in TLJ Daily E-Mail Alert No. 701, July 18, 2003.

Rep. Shimkus and Rep. Eshoo introduced HR 2898 on July 25, 2003. The House Telecom and Internet Subcommittee held a hearing on September 11, 2003, and approved the bill on September 23, 2003. See, story titled "Representatives Introduce E911 Implementation Act" in TLJ Daily E-Mail Alert No. 707, July 30, 2003.

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

8:00 AM - 12:15 PM. There will be a conference titled "Dialogue on Nanotechnology and Federal Regulation". Department of Commerce (DOC) Deputy Under Secretary Ben Wu will speak at 9:00 AM. on the potential regulatory issues that may emerge from nanotechnology research and commercialization. See, notice. Location: Woodrow Wilson International Center for Scholars, 1300 Pennsylvania Ave., NW, 5th Floor Conference Room.

8:45 AM - 12:30 PM. The Cato Institute will host a conference titled "The Future of the U.S. Postal Service". Participants will address the report [208 pages in PDF] by the President's Commission on the U.S. Postal Service. See, story titled "Presidential Commission Reports on USPS and E-Mail" in TLJ Daily E-Mail Alert No. 710, August 4, 2003. See, notice and registration information. Lunch will follow the program. Location: Cato, 1000 Massachusetts Ave., NW.

9:30 AM. The Senate Commerce Committee will hold a hearing on media ownership. The hearing will be webcast. The witnesses will include Mark Cooper (Consumer Federation of America), Victor Miller (Bear Stearns & Co.), Eli Noam (Columbia Institute for Tele-Information), and Philip Napoli (Fordham University). See, notice. Press contact: Rebecca Hanks (McCain) at 202 224-2670 or Andy Davis (Hollings) at 202 224-6654. Location: Room 253, Russell Building.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. The agenda includes consideration of several pending judicial nominations. 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 Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property will meet to mark up HR 2517, the "Piracy Deterrence and Education Act of 2003" and HR 2824, the "Internet Tobacco Sales Enforcement Act". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

12:00 NOON - 1:30 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), John Thorne (Verizon), and Chris Wright (Harris Wiltshire). RSVP to Cecelia Burnett at 202 637-8312 or cmburnett@hhlaw.com. This event was originally scheduled for September 18, but was rescheduled because of Hurricane Isabel. Location: Hogan & Hartson, 555 13th Street, NW, lower level.

The rules changes regarding the unbundling requirements of incumbent local exchange carriers (ILECs) that are contained in the Federal Communications Commission's (FCC) triennial review order [576 pages in PDF] take effect. See also, notice in the Federal Register, September 2, 2003, Vol. 68, No. 169, at Pages 52275 -  52306, describing the rules changes. See also, TLJ story titled "Summary of FCC Triennial Review Order", also published in TLJ Daily E-Mail Alert No. 725, August 25, 2003. See also, stories titled "FCC Announces UNE Report and Order", "FCC Order Offers Broadband Regulatory Relief", "FCC Announces Decision on Switching", "Commentary: Republicans Split On FCC UNE Order", and "Congressional Reaction To FCC UNE Order" in TLJ Daily E-Mail Alert No. 609, February 21, 2003.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding the portion of the FCC's triennial review order [576 pages in PDF] that contains a notice of proposed rulemaking [NPRM] regarding modifications to the FCC's rules implementing 47 U.S.C. § 252(i), which requires local exchange carriers (LECs) to make available to other telecommunications carriers interconnection agreements approved under Section 252. See, notice in the Federal Register, September 2, 2003, Vol. 68, No. 169, at Pages 52307 - 52312, and September 2 FCC release [3 pages in PDF].

The House will meet at 9:00 AM for legislative business. See, Republican Whip Notice.

9:00 AM - 5:00 PM. Day two of a two day meeting of the Federal Bureau of Investigation's (FBI) Compact Council for the National Crime Prevention and Privacy Compact. See, notice in the Federal Register: August 28, 2003, Vol. 68, No. 167, at Page 51807. Location: Radisson Hotel Old Town Alexandria, 901 North Fairfax Street, Alexandria, VA.

10:00 AM. The Trade Policy Staff Committee (TPSC) will hold a public hearing to assist the U.S. Trade Representative (USTR) in preparing a report to the Congress on the People's Republic of China's compliance with its World Trade Organization (WTO) obligations. Location: Truman Room, White House Conference Center, 726 Jackson Place, NW. This hearing had previously been scheduled for September 18, but was postponed because of the weather. See, notice in the Federal Register, September 30, 2003, Vol. 68, No. 189, at Page 56374.

12:00 NOON. The Cato Institute will host a panel discussion titled "Regulations ``R´´ U.S.? The State of the Regulatory State". The speakers will be John Graham (Office of Management and Budget), David Schoenbrod (New York Law School), and Clyde Wayne Crews (Cato). See, notice. Lunch will be served. Location: Room B-369, Rayburn Building.

12:00 NOON. The Federal Society will host a luncheon titled "I.P. in the Digital Age". For more information, contact David Ray at 202 822-8138. Location: Murrow Room, National Press Club, 529 14th St. NW, 13th Floor.

12:30 PM. Sen. Orrin Hatch (R-UT), the Chairman of the Senate Judiciary Committee, will give a luncheon speech. Location: Ballroom, National Press Club, 529 14th St. NW, 13th Floor.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Practice Committee will host a lunch. Bill Maher, Bureau Chief of the Federal Communications Commission's (FCC) Wireline Competition Bureau will address common carrier issues relevant to the wireless industry, including intermodal local number portability (LNP), intercarrier compensation and the triennial review order. The price to attend is $15.00. RSVP to Wendy Parish at wendy@fcba.org by 5:00 PM on Tuesday, September 30th. Location: Sidley & Austin, 1501 K Street, NW, Conference Room 6E.

Yom Kippur.

The Supreme Court begins its October 2003 term.

Extended 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 its original notice in the Federal Register on August 6 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." See, Federal Register, August 6, 2003, Vol. 68, No. 151, at Pages 46631 - 46632. See also, notice of extension in the Federal Register, September 16, 2003, Vol. 68, No. 179, at Pages 54226 - 54227.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Jacqueline Orloff v. FCC, No. 02-1189. Judges Sentelle, Randolph and Rogers will preside. See, brief [51 pages in PDF] of the FCC. Location: 333 Constitution Ave. NW.

10:00 AM - 4:00 PM. The Internet Corporation for Assigned Names and Numbers' (ICANN) Security and Stability Advisory Committee (SECSAC) will hold a meeting to gather input regarding VeriSign's recent change to the operation of the registry for the .com and .net Top Level Domains (TLDs). See, notice. Location: Center for Strategic and International Studies (CSIS), 1800 K Street, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Intouch Group v. Amazon.com, No. 02-1631. This is an appeal from the U.S. District Court (NDCal) in a patent infringement case (D.C. No. C-00-1156-DLJ) involving internet audio technology. Intouch alleged that Amazon's, and others', method of interactive delivery of portions of recorded music infringe its business method patent. See, U.S. Patent No. 5,237,157, titled "Kiosk apparatus and method for point of preview and for compilation of market data", and U.S. Patent No. 5,963,916 titled "Network apparatus and method for preview of music products and compilation of market data". Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Soitec v. Silicon Genesis, No. 03-1080. This is an appeal from the U.S. District Court (DMass) in a patent infringement case. Soitec SA alleged that Silicon Genesis's silicon-on-insulator (SOI) wafer fabrication technology infringes various patents. This is D.C. No. 99 CV 10826. Location: Courtroom 203, 717 Madison Place, NW.

1:00 - 5:15 PM. The Global Justice Information-Sharing Initiative Federal Advisory Committee will meet to discuss the Global Justice Information-Sharing Initiative. The meeting will continue on October 9. See, notice in the Federal Register, August 21, 2003, Vol. 68, No. 162, at Pages 50556 - 50557. Location: Sheraton Crystal City Hotel, 1800 Jefferson Davis Highway, Arlington, VA.

8:00 AM - 5:00 PM. The Business Software Alliance will host an event titled "Global Tech Summit". The agenda includes panels titled "The Next Wave of Innovation", "Transforming Today's Challenges into Tomorrow’s Realities", and "The Great Digital Transformation". Secretary of Homeland Security Tom Ridge will give the luncheon address. Location: Atlantic Studios, 650 Massachusetts Ave, NW.

8:30 - 10:00 AM. The Progress and Freedom Foundation (PFF) will host an event titled "Future of the Internet". The speakers will include Meg Whitman (CEO of eBay) and Phil Bond (Undersecretary of Commerce for Technology). See, notice. To attend, contact Rebecca Fuller at 202 289-8928 or rfuller@pff.org Location: East Room, Washington Mayflower Hotel, 1127 Connecticut Ave., NW.

8:30 AM - 12:00 NOON. The Global Justice Information-Sharing Initiative Federal Advisory Committee will meet to discuss the Global Justice Information-Sharing Initiative. See, notice in the Federal Register, August 21, 2003, Vol. 68, No. 162, at Pages 50556 - 50557. Location: Sheraton Crystal City Hotel, 1800 Jefferson Davis Highway, Arlington, VA.

12:00 NOON - 2:00 PM. The Intellectual Property Section of the D.C. Bar Association will host a luncheon program titled "Intellectual Property Licensing in the High Technology Area". The speakers will be Jon Grossman (Dickstein Shapiro) and Bradley Wright (Banner & Witcoff). The prices to attend vary. Location: D.C. Bar Conference Center, 1250 H Street, NW, B-1 level.

6:00 - 9:00 PM. The Federal Communications Bar Association (FCBA) will host its 2nd Annual Oktoberfest Reception honoring the Federal Communications Commission's (FCC) bureau chiefs. Location: J.W. Marriott Hotel, 1331 Pennsylvania Avenue, NW.

Deadline to submit reply 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.

10/1. The Federal Communications Commission (FCC) and SBC Communications entered into a Consent Decree that fines SBC $1.35 Million, and terminates the FCC's investigation into whether SBC provided interLATA services prior to its receiving Section 271 approval from the FCC. SBC does not admit facts, wrongdoing or liability. The Consent Decree defines the $1.35 Million transfer as "a voluntary contribution to the United States Treasury". The FCC approved its order adopting this Consent Decree on September 26, 2003. It announced and released this Consent Decree on October 1, 2003. This is FCC 03-299. See also, FCC release.

10/1. The Federal Communications Commission (FCC) issued a notice in which it requests public comments regarding SBC Communications's application to provide in region interLATA services in the states of Indiana and Ohio. Specifically, the FCC seeks comment on an ex parte communication [19 page PDF scan] submitted by SBC on September 29, 2003. The FCC notice states that "This ex parte filing contains two Accessible Letters made available to competitive LECs in Indiana and Ohio regarding recurring charges for collocation direct current (DC) power. Specifically, the Accessible Letters allow competitive LECs in Indiana and Ohio to amend their existing interconnection agreements with SBC to include new recurring charges for DC power, and inform them of SBC’s policy of fusing DC power leads at 125 percent of the capacity requested by a competitive LEC. The FCC seeks public comment on these ... by October 7, 2003." This is WC Docket No. 03-167

10/1. The House Homeland Security Committee held a hearing on fraudulent identification and the threat posed to homeland security. Rep. Chris Cox (R-CA), the Chairman of the Committee, stated that "Recently, the GAO sent three undercover agents into separate offices of the California DMV -- each with false identification, purportedly from Texas, which they had manufactured themselves on a desktop computer using PhotoShop.  According to the GAO, the documents should have been easily identified as forgeries. To make it especially easy for the California DMV to stop the fraud, each of the three undercover agents used the same fake name. Yet California cheerfully issued California driver's licenses to all three of them -- all based on the same poor quality forged documents, and all using exactly the same name." See, prepared testimony [PDF] of General Accounting Office (GAO) titled "SECURITY: Counterfeit Identification Raises Homeland Security Concerns".