Tech Law Journal Daily E-Mail Alert
December 15, 2003, 9:00 AM ET, Alert No. 799.
Home Page | Calendar | Subscribe | Back Issues | Reference
Bush Signs Intelligence Authorization Bill

12/13. President Bush signed HR 2417, the "Intelligence Authorization Act for Fiscal Year 2004," which authorizes appropriations for intelligence related activities of various federal agencies. See, White House release.

The agencies with intelligence related activities include the Department of the Treasury (DOT), Department of Energy (DOE), Department of State (DOS), Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Department of Homeland Security (DHS), and Coast Guard.

The covered agencies also include defense agencies, such as the Department of Defense (DOD), Department of the Army, Department of the Navy, and Department of the Air Force.

Finally, the covered agencies include intelligence agencies, such as the Central Intelligence Agency (CIA), Defense Intelligence Agency (DIA), National Security Agency (NSA), National Reconnaissance Office, and National Geospatial-Intelligence Agency.

This bill authorizes appropriations. Although, there is little budgetary detail in the bill. Other information is "specified in the classified Schedule of Authorizations" that accompanies the bill, but is not available to the public.

However, the bill does have numerous substantive provisions. Four sections of the bill require reports to the Congress pertaining to information technology. Nevertheless, much of the content of these reports will likely be classified, and hence, not be available to the public.

Vulnerability of Intelligence Related Computer Systems. First, Section 351 of the bill requires that "The Director of Central Intelligence and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report on the risks to the national security of the United States of the current computer security practices of the elements of the intelligence community and of the Department of Defense."

This report must address the "vulnerability of the computers and computer systems of the elements of the intelligence community, and of the Department of Defense, to various threats from foreign governments, international terrorist organizations, and organized crime, including information warfare (IW), Information Operations (IO), Computer Network Exploitation (CNE), and Computer Network Attack (CNA)."

It also must include the "risks of providing users of local area networks (LANs) or wide-area networks (WANs) of computers that include classified information with capabilities for electronic mail, upload and download, or removable storage media without also deploying comprehensive computer firewalls, accountability procedures, or other appropriate security controls."

The report is due by February 15, 2004. However, it is not likely to be made public. The bill provides that this report "may be submitted in classified or unclassified form, at the election of the Director" of the CIA.

Dependence on Foreign Made Computers and Software. Second, Section 356 provides that "the Director of Central Intelligence shall submit to the appropriate committees of Congress a report on the extent of United States dependence on computer hardware or software that is manufactured overseas."

This report is due by February 15, 2004. The bill further provides that it "shall be submitted in unclassified form, but may include a classified annex."

DHS/IAIP. Third, Section 359 of the bill provides that "The President shall submit to the appropriate committees of Congress a report on the operations of the Directorate of Information Analysis and Infrastructure Protection of the Department of Homeland Security and the Terrorist Threat Integration Center".

See also, White House release of January 28, 2003 announcing the creation of the Terrorist Threat Information Center.

This report is due by May 1, 2004, and "shall be submitted in unclassified form, but may include a classified annex."

TSC Database. Fourth, Section 360 of the bill provides that "the President shall submit to Congress a report on the establishment and operation of the Terrorist Screening Center, established on September 16, 2003, by Homeland Security Presidential Directive 6".

On September 16, President Bush issued Homeland Security Presidential Directive/Hspd-6. It directs the Attorney General to develop a single terrorist screening database to support various federal, state and local screening processes. Also on September 16, the Department of Homeland Security (DHS), Federal Bureau of Investigation (FBI), Department of State, and Central Intelligence Agency (CIA) announced the establishment of a Terrorist Screening Center (TSC). See, story titled "Presidential Directive Creates Terrorist Screening Database" in TLJ Daily E-Mail Alert No. 741, September 17, 2004.

The report required by the bill must include an analysis of the operations of the TSC, a "description of the architecture of the database system" of the TSC, a "description of the protocols in effect to ensure the protection of classified and sensitive information" contained in the TSC database system, a description of the extent to which the TSC "makes information available to the private sector and critical infrastructure components", a description of "the process by which databases in the Terrorist Screening Center database system are reviewed for accuracy and timeliness of data and the frequency of updates of such reviews", and the impact of the TSC on "individual liberties and privacy".

This report is due by September 16, 2004. It "shall be submitted in unclassified form, but may include a classified annex".

People and Appointments

12/12. Jack Johnson was named Chief Security Officer at the Department of Homeland Security (DHS). He is a 20 year veteran of the Secret Service. His job responsibilities include providing support for the Chief Information Officer in the area of security policies and procedures as they relate to classified information technology. See, DHS release.

More News

12/10. Richard Mills, Spokesman for the U.S. Trade Representative (USTR) released a statement [PDF] regarding eligibility to bid on Iraq reconstruction contracts. It states, in full, that "Purchases on behalf of the Coalition Provisional Authority (CPA) are not covered by international trade procurement obligations because the CPA is not an entity subject to these obligations. Accordingly, there is no need to invoke the 'essential security' exception to our trade obligations." Also on December 10, the Department of Defense announced that "Nations that are not part of the coalition cannot serve as prime contractors for any of the $18.6 billion in reconstruction funds provided by Congress as part of the fiscal 2004 Defense supplemental spending bill". See, DOD release.

12/12. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register that describes a notice of proposed rulemaking (NPRM) regarding "Changes to Representation of Others Before the United States Patent and Trademark Office". Comments are due by February 10, 2004. See, Federal Register, December 12, 2003, Vol. 68, No. 239, at Pages 69441-69562.

12/11. Donald Nicolaisen, the Securities and Exchange Commission's (SEC) Chief Accountant, gave a speech to the American Institute of Certified Public Accountants (AICPA) regarding recent developments in financial reporting and auditing. He stated that "I am looking for suggestions for improvements to the current accounting model. It is strained and I am willing to consider how we might use additional performance measures, technology solutions ..."

12/10. The Securities and Exchange Commission (SEC) filed a civil complaint in U.S. District Court (NDIll) against Cumulus Media Inc. and three of its officers and directors (Richard J. Bonick, Jr., Richard W. Weening, and Daniel O'Donnell) alleging violation of federal securities laws in connection with alleged schemes to artificially inflate Cumulus' financial condition. Cumulus is engaged in the acquisition, operation and development of radio stations in small and mid-sized markets. The SEC also stated in a release that "All of the defendants, without admitting or denying the allegations of the Complaint, consented to the entry of final judgments against them upon filing of the Complaint." This case is SEC v. Cumulus Media, et al., U.S.D.C. for the Northern District of Illinois, Eastern Division, D.C. No. 03 C 8908.

12/12. The Federal Communications Commission's (FCC) Wireless Telecommunications Bureau's (WTB) Auctions and Spectrum Division denied the petition of Southern Communications Service, Inc. and the United Telecom Council to postpone Auction No. 55, pertaining to Specialized Mobile Radio (SMR) Service licenses in the 896-901 MHz and 935-940 MHz bands, which is scheduled to commence on February 11, 2004. See, FCC Order [PDF].

12/11. A grand jury of the Circuit Court of the Loudoun County, state of Virginia, returned an indictment charging Jeremy Jaynes with four felony counts of using fraudulent means to transmit unsolicited bulk e-mail in violation of Virginia's anti-spam statute. This is Virginia's first prosecution under its recently enacted spam statute. See, Attorney General's release. See also, story titled "Virginia Makes Sending Certain Spam a Felony" in TLJ Daily E-Mail Alert No. 652, April 30, 2003.

Washington Tech Calendar
New items are highlighted in red.
Monday, December 15

The House is in adjournment.

The Senate is in adjournment. It will convene on January 20, 2004.

The Supreme Court will begin a recess. It will return from recess on January 12, 2004.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Verizon v. FCC, No. 03-1080. Judges Randolph, Rogers and Garland will preside. Location: 333 Constitution Ave. NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Cellco Partnership v. FCC, No. 02-1262. Judges Randolph, Rogers and Garland will preside. Location: 333 Constitution Ave. NW.

TIME? The Department of Homeland Security's (DHS) Homeland Security Advanced Research Projects Agency (HSARPA) will host a one-day workshop to obtain feedback from the academic community on how to work with the DHS's research and development program." See, DHS release. Location?

Deadline to register to attend the December 17 meeting of the National Institute of Standards and Technology's (NIST) Board of Overseers of the Malcolm Baldrige National Quality Award. Contact Virginia Davis at virginia.davis@nist.gov or 301 975-2361. See, notice in the Federal Register, November 25, 2003, Vol. 68, No. 227, at Page 66075.

Deadline for federal branch agency Chief Information Officers (CIOs) to submit reports to the Office of Management and Budget (OMB) regarding the E-Government Act of 2002. See, November 21, 2003 memorandum from Karen Evans (Administrator for E-Government, Information and Technology Policy at the OMB) to the CIOs.

Tuesday, December 16

8:30 AM - 5:00 PM. Day one of a two day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). The agenda includes "Overview of Program Activities of the NIST Information Technology Laboratory's Computer Security Division", "Update by OMB on Privacy and Security Issues", and "Briefing by Department of Homeland Security Office Privacy Officer Nuala Connor-Kelly". See, notice in the Federal Register, November 21, 2003, Vol. 68, No. 225, at Page 65681. Location: Gaithersburg Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

9:00 AM. Department of Homeland Security (DHS) Under Secretary Janet Hale and Chief Financial Officer Bruce Carnes will host an Industry Vendor Day for the eMERGEČ (Electronically Managing Enterprise Resources for Government Efficiency and Effectiveness) program. Location: Crystal City Marriott Hotel, Crystal Forum Theater, 1999 Jefferson Davis Highway. Arlington, VA.

10:30 - 11:30 AM. The Department of Commerce (DOC) will hold a media roundtable to release and discuss a report titled "The Digital Economy 2003". Phil Bond, Under Secretary of Commerce for Technology, and Kathleen Cooper, Under Secretary for Economic Affairs, will speak. See, notice. Location: Room 4813, DOC, 14th Street and Constitution Ave.

12:00 NOON. AT&T will hold a press conference to announce a collaboration agreement with the Southeastern Universities Research Association (SURA). For more information, contact Jim McGann 703 506-5524. Location: Zenger Room, National Press Club, 529 14th St. NW, 13th Floor.

1:30 - 4:30 AM. The Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Committee on Technology and Committee on Homeland and National Security will hold a meeting that is closed to the public. For more information, contact John Hoyt at john.hoyt@dhs.gov or 202 772-9959. Location: White House Conference Center, Truman Room.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding implementation of 47 U.S.C. § 272(b)(1). This NPRM is FCC 03-272 in WC Docket No. 03-228. The FCC adopted this NPRM on November 3, 2003, and released it on November 4, 2003. For more information, contact Christi Shewman at 202 418-1686 or christi.shewman@fcc.gov. See, notice in the Federal Register, November 21, 2003, Vol. 68, No. 225 at Pages 65665 - 65667.

Wednesday, December 17

8:30 AM - 3:00 PM. The National Institute of Standards and Technology's (NIST) Board of Overseers of the Malcolm Baldrige National Quality Award will hold a meeting. The deadline to register to attend is December 15. Contact Virginia Davis at virginia.davis@nist.gov or 301 975-2361. See, notice in the Federal Register, November 25, 2003, Vol. 68, No. 227, at Page 66075. Location: NIST, Administration Building, Lecture Room A, Gaithersburg, MD.

8:30 AM - 5:00 PM. Day one of a two day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). The agenda includes "Overview of Program Activities of the NIST Information Technology Laboratory's Computer Security Division", "Update by OMB on Privacy and Security Issues", and "Briefing by Department of Homeland Security Office Privacy Officer Nuala Connor-Kelly". See, notice in the Federal Register, November 21, 2003, Vol. 68, No. 225, at Page 65681. Location: Gaithersburg Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. See, agenda [PDF]. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

10:00 AM - 12:00 NOON. The American Enterprise Institute (AEI) will host a panel discussion titled "Civil Liberties and the War on Terror". The speakers will be Michael Chertoff, David Cole, Patricia Wald, Ruth Wedgwood, and John Yoo. See, notice. Location: Twelfth floor, 1150 17th St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Wireless Committee will host a luncheon panel discussion titled "Wireless Telecommunications Bureau: Current Topics and Vision for the Future". The speakers will include John Muleta, Chief of the WTB. The price to attend is $15. For more information, contact laura.phillips@dbr.com or charla.rath@verizonwireless.com. RSVP to wendy@fcba.org. Location: Sidley Austin, 1501 K Street, NW, 6th Floor.

Friday, December 19

9:00 - 11:30 AM. The Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Committee on Technology and Physical Infrastructure Working Group (formerly named the Subcommittee on Construction and Building) will hold a meeting that is closed to the public. For more information, contact Paul Domich at domich@nist.gov or 301 975-5624. Location: White House Conference Center, Jackson Room, 726 Jackson Place, NW.

12:00 NOON. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch titled "The United Nations World Summit on Information Society (WSIS): Geneva 2003 and the Road to Tunisia 2005". The speaker will be David Gross, Deputy Assistant Secretary for International Communications and Information Policy, Department of State. RSVP to julie.kearney@mci.com. Location: Wiley Rein & Fielding, 1750 K Street, NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding Northland Networks' petition pursuant to 47 U.S.C. § 252(e)(5) requesting that the FCC preempt the jurisdiction of the New York Public Service Commission to resolve a dispute between Northland and Verizon regarding reciprocal compensation and change of law provisions of their interconnection agreements. This is WC Docket No. 03-242. See, FCC notice [PDF].

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

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