2/12. The Federal Communications Commission (FCC) adopted, but did not release, a Declaratory Ruling (DR) on Pulver.com's petition for declaratory ruling regarding the classification of its Free World Dialup (FWD) service. The FCC issued a press release [PDF] that reveals almost nothing about the content of the DR.

Terri Natoli, of the FCC's Wireline Competiton Bureau's (WCB) Competition Policy Division (CPD), presented this item at the FCC's February 12 meeting. She stated that the DR finds that FWD is "not telecommunications as defined by the Act", that FWD is "not telecommunications service as defined by the Act", and that FWD is "an information service as defined by the Act".

Natoli stated that "This item is one of a number of initiatives currently underway within the Commission to bring the benefits of internet protocol based services to American consumers. The item before you declares Pulver.com's Free World Dialup offering to be an unregulated information information service. In so doing, we formalize the Commission's policy of non-regulation to insure that internet applications, like Free World Dialup, remain free from burdensome economic regulation at both the federal and state levels."

She stated that "Free World Dialup is an internet application. It offers membership in a directory lookup service and enables online consumers anywhere in the world to engage in peer to peer communications when other online Free World Dialup members, similar to instant messaging and e-mail. Free World Dialup members must have broadband internet access and specialized customer premises equipment or software on their PCs. Pulver assigns members a five or six digit identifier number for their use in determining whether other members are online, and if so, at what internet address, or addresses, they can be reached. Free World Dialup also provides voicemail, e-mail responses, conferencing capabilities, and address repair features."

Natoli continued that "The item makes several key findings. First, the item finds that Free World Dialup is not telecommunications as defined by the Act. Pulver neither offers, nor provides, transmission to its members, and the information it conveys is new information -- information such as the online availability of other members, and at what addresses they can be reached."

"Second, the item finds that Free World Dialup is not telecommunications service as defined by the Act. To provide a telecommunications service, an entity must, at a minimum, offer telecommunications for a fee. Free World Dialup is not telecommunications, nor is there a fee to register or use the service. Free World Dialup is free."

"Third, the item finds that Free World Dialup is an information service, as defined by the Act."

"Finally, consistent with the Commission's over 30 old year policy of non-regulation of information services, state attempts to impose economic regulation on Free World Dialup would almost certainly conflict with our national policy, and Congress' expressed preference that the internet and other interactive computers services remain unfettered by federal and state regulation", said Natoli.

Pulver.com filed its petition [11 pages in PDF] with the FCC on February 5, 2003 seeking a ruling that its service is neither "telecommunications" nor a "telecommunications service". This DR is FCC 04-27 in WC Docket No. 03-45.

There are several other pending VOIP related petitions pending before the FCC. See, stories titled "Level 3 Files VOIP Petition With FCC" and "Summary of Other VOIP Proceedings at the FCC" in TLJ Daily E-Mail Alert No. 815, January 14, 2004. However, the FCC did not address these in the DR adopted on February 12.

AT&T has filed one of these. It seeks a ruling that access charges do not apply to its service in which calls originate and terminate on circuit switched PSTN facilities, but are routed on internet backbone. AT&T filed its petition [37 pages PDF] on October 18, 2002. This is WC Docket No. 02-361. On January 29, Rep. Billy Tauzin (R-LA), the outgoing Chairman of the House Commerce Committee, wrote a letter to FCC Chairman Michael Powell, and the other FCC Commissioners, regarding AT&T's petition. See, story titled "Tauzin Asks FCC for Prompt Response on AT&T VOIP Petition" in TLJ Daily E-Mail Alert No. 827, February 2, 2004.

Bill Maher, the WCB Bureau Chief, was asked about the AT&T petition during a press conference following the Commission meeting. He stated that "it is under consideration, very actively".

FCC Chairman Michael Powell (at right) wrote in a separate statement [PDF], which he read at the meeting, that "Our ruling formalizes the Commission's policy of ``non-regulation´´ of the Internet and, in so doing, preserves the Internet as a free and open platform for innovation. Just as important, today’s ruling removes barriers to investment and deployment of Internet applications and services by and ensuring that Internet applications remain insulated from unnecessary and harmful economic regulation at both the federal and state levels."

FCC Commissioner Michael Copps wrote in a separate statement [PDF] that "Many persuasive arguments were made as to why Pulver.com’s Free World Dialup (FWD) is not telecommunications or a telecommunications service. I concur that this service is not telecommunications or a telecommunications service and in practice should remain largely unregulated. In particular, the peer-to-peer nature of FWD differs in significant respects from traditional ``telecommunications services´´ that traditional phone companies have offered."

However, Copps added that "I cannot fully join today’s pulver.com Order because it reaches far beyond the petition filed by pulver.com and, regrettably, speaks prematurely to many of the important questions raised in today’s NPRM."

"Despite attempts to characterize this Order as limited to the specific facts of pulver.com's FWD, I am concerned that the decision speaks much more expansively. By deciding the statutory classification of pulver.com's service as an interstate information service, the Order raises a host of questions about the continuing relevance of those most fundamental telecommunications policy objectives that Congress has entrusted to this Commission", said Copps.

See also, Commissioner Kathleen Abernathy's separate statement [PDF]. Commissioner Kevin Martin's separate statement [PDF], and Commissioner Jonathan Adelstein's separate statement [PDF].

In related matters, the FCC adopted a Notice of Proposed Rulemaking regarding internet enabled services, and FCC members discussed the DOJ/FBI's forthcoming petition for a rulemaking regarding the Communications Assistance for Law Enforcement Act (CALEA). TLJ will provide coverage of these matters in the Monday issue.

Jeff Pulver wrote this in the Pulver.com website: "The Commission should be commended for providing key and necessary clarification that the FWD computer-to-computer VoIP service is not a telecommunications service. By doing this, the FCC has sent a strong signal to consumers and capital markets that the FCC is not interested in subjecting end-to-end IP Communications services to traditional voice telecom regulation under the Communications Act. It is indeed a great day for the Internet!"

Pulver added that "This has been a long and windy road, but one which I recommend others consider traveling on in the future. This is a great day for the worldwide IP Communications Industry!"

Michael Gallagher (at left), the acting head of the National Telecommunications and Information Administration (NTIA), stated in a release that "The Internet is a primary catalyst for the growth of our economy. The Department of Commerce commends the FCC for its actions today to provide a foundation for exciting new services such as VoIP that will enhance the productivity of the American worker and enrich the lives of American consumers. Capital investment and entrepreneurial innovation, not regulation, will maintain U.S. leadership in voice, video and interactive data services. We also support the Commission's efforts to provide law enforcement the 21st century tools to track those who seek to threaten our homeland using 21st Century networks."

Ed Black, President of the Computer & Communications Industry Association (CCIA), stated in a release that "The Commission got this one right, there's no doubt about it ... Applying old regulations to modern Internet technology that bares only a passing resemblance to yesterday's phone network just doesn't make sense."

2/12. The Federal Communications Commission (FCC) adopted, but did not release, a notice of proposed rulemaking (NPRM) regarding technical rules intended to facilitate the deployment of broadband over powerline (BPL) at its February 12 meeting. This item is FCC 04-29 in ET Docket No. 04-37.

Commissioners stated that BPL has the potential to become a facilities based broadband internet access provider, and therefore it is appropriate to adopt technical rules. In addition, while Commission Copps agreed that the FCC should adopt technical rules, he criticized the NPRM for not also addressing related policy issues.

The FCC issued a short press release summarizing the NPRM, and each Commissioner made a statement.

The FCC release states that this NPRM sets forth "procedures to measure the radiofrequency (RF) energy emitted by equipment used to provide broadband service over power lines and establish particularized interference mitigation requirements."

The FCC release further states this NPRM "proposes rules requiring BPL devices to employ adaptive interference mitigation techniques to prevent harmful interference to existing users, such as public safety and amateur radio operators. These techniques would enable BPL devices to cease operations altogether, dynamically reduce transmit power, and/or avoid operating on specific frequencies to prevent harmful interference".

It also states that this item "proposes developing a public database that would include such information as location, operational frequencies, and modulation type of BPL devices, which will facilitate the resolution of interference issues in a timely fashion". It also seeks comments on "specific RF measurement guidelines for BPL devices and other carrier current systems".

FCC Chairman Michael Powell wrote in a separate statement (which he read at the FCC meeting), that "Another broadband pipe is coming closer to reality."

FCC Commissioner Michael Copps (at right) wrote in a separate statement (which he read) that "I strongly support the technical inquiries and proposals we make today." He continued that "Today’s item dodges some of the hardest questions, however. For the same reasons it is important to provide certainty for industry and consumers as concerns interference, it is important to provide certainty on the policy implications that we will surely face as powerline broadband expands. These questions are hard and uncomfortable ones.  But we should never shy away from asking the hard questions."

He added that "I would tackle now issues such as CALEA, universal service, disabilities access, E911, pole attachments, competition protections, and, critically here, how to handle the potential for cross-subsidization between regulated power businesses and unregulated communications businesses.  Is it right to allow electricity rate payers to pay higher bills every month to subsidize an electric company’s foray into broadband?"

FCC Commissioner Kathleen Abernathy wrote in a separate statement this item "is an important step forward in promoting the Commission's goal of facilitating the deployment of broadband services to all Americans. Moving toward commercial deployment of BPL systems also will further our goal of developing robust facilities-based competition. I want consumers to have a choice of multiple, facilities-based providers, such as cable, DSL, wireless, satellite, and to the extent possible, power line."

FCC Commissioner Kevin Martin wrote in a separate statement that "Because power lines are ubiquitous -- reaching virtually every community and every home -- BPL systems have the potential to become a last-mile solution throughout the United States.  As such, they would not only provide competition to cable broadband and DSL, they could bring Internet access and high-speed broadband to rural and isolated areas, which have been difficult to serve because of the high infrastructure costs of reaching those areas. BPL systems also serve an important homeland security function, providing a redundant data network."

See, also, FCC Commissioner Jonathan Adelstein's separate statement [PDF]

On April 23, 2003, the FCC adopted a Notice of Inquiry [21 pages in PDF] in this proceeding, which is titled "In the Matter of Inquiry Regarding Carrier Current Systems, including Broadband over Power Line Systems". It released the text on April 29. See also, notice in the Federal Register, May 23, 2003, Vol. 68, No. 100, at Pages 28182 - 28186.

See also, story titled "FCC Announces NOI Regarding Broadband Over Powerlines" in TLJ Daily E-Mail Alert No. 628, April 24, 2003, and story titled "FCC Releases NOI on Broadband Over Power Lines" in TLJ Daily E-Mail Alert No. 656, May 7, 2003. The NOI is FCC 03-100.

Michael Gallagher, the acting head of the National Telecommunications and Information Administration (NTIA), stated in a release that "Broadband over power lines holds promise to be the ``Third Wire´´ into American homes -- a competitive, facilities-based, cost-effective new way to deliver high-speed Internet services to American citizens. We are pleased that the FCC is moving forward on broadband over power lines." He added that "The Commission's proposed rules, as informed by the NTIA interference analysis, will provide policy makers with the rigorous technical data and measurements that will be necessary to accurately and fairly judge the prospects of this exciting, innovative new use of existing infrastructure."

2/12. The Federal Communications Commission (FCC) announced that its Internet Policy Working Group (IPWG) will hold the first in a series of a meetings which it titles "Solutions Summits" on March 18, 2004. The FCC stated in a release [PDF] that "leaders in government and industry can discuss creative ways to address policy issues that arise as communications services move to Internet-based platforms". The March 18 meeting will focus on 911/E911 issues.

2/12. The Federal Communications Commission (FCC) adopted, but did not release, a notice of proposed rulemaking (NPRM) regarding network outage reporting at its February 12 meeting. This item is FCC 04-30 in ET Docket No. 04-35. The FCC issued a release [PDF] that states that "proposes to require wireless, wireline, cable, and satellite telecommunications providers to report information electronically to the Commission about significant disruptions to their communications systems." See, also, FCC Chairman Michael Powell's separate statement [PDF], Commissioner Kathleen Abernathy's separate statement [PDF], Commissioner Kevin Martin's separate statement [PDF], and Commissioner Jonathan Adelstein's separate statement [PDF].

2/12. The Federal Communications Commission (FCC) adopted, but did not release, a Report and Order pertaining to interstate access charges and the universal service support system for rate of return incumbent local exchange carriers (ILECs). This item is FCC 04-31 in CC Docket No. 00-256. The FCC issued a press release summarizing this item.

2/12. The Federal Communications Commission (FCC) released a Memorandum Opinion and Order [21 pages in PDF] granting the applications of NextWave to assign PCS licenses to Cingular Wireless. This proceeding is titled "In the matter of Applications for Consent to the Assignment of Licenses Pursuant to Section 310(d) of the Communications Act from NextWave Personal Communications, Inc., Debtor-in-Possession, and NextWave Power Partners, Inc., Debtor-in Possession, to subsidiaries of Cingular Wireless LLC". The MO&O also denies the Petition to Deny filed by Eldorado Communications and NY Telecom. The MO&O is FCC 04-26 in WT Docket 03-217.

2/10. Federal Communications Commission (FCC) Commissioner Kathleen Abernathy gave a speech [PDF] titled "Public Safety and Sound Spectrum Management Go Hand in Hand" at a National Telecommunications and Information Administration (NTIA) conference.

2/12. The Federal Elections Commission (FEC) published in its web site a request for an advisory opinion [PDF] submitted to the FEC by Viacom, Inc. (owner of MTV) regarding its plans to conduct an online mock election. The original request is dated January 16, 2004. The FEC also published follow-up correspondence.

MTV Networks (MTVN) is a division of Viacom International, Inc., which is a subsidiary of Viacom. Inc. The request states that MTVN plans to conduct a mock presidential election, to be conducted online. The request states that "Both voting and registration will be available online, through www.chooseorloose.com and/or www.mtv.com, and potentially via a toll-free telephone number."

Viacom's advisory opinion request (AOR) also describes various communications of political information that will be made as a part of this online election system.

The AOR raises a number of issues regarding the application of federal election laws to online political activity. For example, Viacom requests an opinion that "none of the funds expended for the production or promotion costs of the Preelection will constitute a corporate contribution, expenditure, or electioneering communication."

Viacom asserts that it activities are covered by the press exemptions contained in the Federal Election Campaign (FECA), and FEC regulations. That is, it asserts that "The entire process is a form of commentary and reporting on the election process ..."

Viacom's request does not raise online privacy issues associated with its planned mock online election.

Viacom further states in its AOR that "Participants must provide sufficient personally identifying information to enable a third-party verification of their identity and registered address. Participants will be issued a unique user ID ..." It also states that "Third-party verification, e-mail confirmation, and unique participant IDs will be used ..."

It further states that "Registration and voting will be open to any U.S. resident or U.S. citizen over the age of 12."

The Children's Online Privacy Protection Act (COPPA), which is codified at 15 U.S.C. §§ 6501-6505, and the Federal Trade Commission's (FTC) COPPA Rule, apply to collection of personally identifying information online from children who are 12 and under.

By letter dated January 27, 2004, the FEC propounded several questions to Viacom. Viacom responded by letter dated February 5, 2004. (These are attached to the above hyperlinked AOR.)

2/12. The General Accounting Office (GAO) released a report [pages in PDF] titled "Information Technology: Management: Governmentwide Strategic Planning, Performance Measurement, and Investment Management Can Be Further Improved".

The report states that "According to the President’s most recent budget, the federal government spends billions of dollars annually on information technology (IT) -- reportedly investing about $50 billion in fiscal year 2002 and expecting to invest about $60 billion in fiscal year 2004. Despite this substantial investment, the government’s management of information resources has produced mixed results."

The report finds that "Agencies' use of IT strategic planning/performance measurement practices is uneven -- 46 percent of the practices are in place, 41 percent are partially in place, and 7 percent are not in place."

The report further finds that "Agencies' use of IT investment management practices is also mixed in that 44 percent of the practices are in place, 37 percent are partially in place, and 17 percent are not in place."

The report was prepared for the House Government Reform Committee and the Senate Governmental Affairs Committee.

Sen. Susan Collins (R-ME), the Chairman of the Senate Committee, stated in a release that "Agencies are doing well in their selection of their IT projects, but oversight of these projects remains weak ... Without oversight, there is no way to ensure that the projects are completed on time, and within budget, and that they work as anticipated."

Rep. Tom Davis (R-VA), the Chairman of the House Committee, stated that "Agencies' full use of IT strategic planning, performance measurements, and investment management practices needs to be increased. If the Federal government is going to spend over $60 billion a year on IT products, then 100% of the agencies should have these measures in place; the taxpayers deserve nothing less. No country, government, agency, or IT shop should be complacent. Overall results are encouraging but so much more can be done. At the end of the day, agencies need to realize that it does not matter how much money you spend on IT, but how you spend the money".

2/13. Ken Johnson, Communications Director and Deputy Staff Director for the House Commerce Committee, announced his resignation, effective February 16. He is a long time staff assistant to Rep. Billy Tauzin (R-LA), who has also announced his retirement.

2/12. President Bush nominated William Duane Benton to be a Judge of the U.S. Court of Appeals for the 8th Circuit. See, White House release.

2/12. Federal Communications Commission (FCC) Chairman Michael Powell announced at the FCC's February 12 meeting that Yvonne Hughes, is leaving the FCC. She is a member of Powell's staff. She is Special Assistant to the Chief of Staff and is responsible for scheduling appointments and travel arrangements, and providing administrative assistance to the FCC's Homeland Security Policy Council.

2/10. The CompTel/ASCENT Alliance elected its 2004 Board of Directors. See, release.

2/12. The General Accounting Office (GAO) released a report [53 pages in PDF] titled "Aviation Security: Computer-Assisted Passenger Prescreening System Faces Significant Implementation Challenges". The appropriations bill for the Department of Homeland Security (DHS) for FY 2004 established criteria for the CAPPS II program, and required that the GAO report on the program's compliance with these criteria. The report finds that the most of the criteria have not been met.

Background. CAPPS is the acronym for "Computer Assisted Passenger Prescreening System". Prior to the terrorist airline based attacks of September 11, 2001, the 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 created the DHS, and transferred the TSA from the DOT to the new DHS. The new CAPPS II -- the next generation passenger screening system -- is planned to be a government (TSA) run system that replaces CAPPS I.

The CAPPS II has been criticized on privacy grounds, and the Congress addressed these concerns in the DHS appropriations bill, which President Bush signed on October 1, 2003.

The bill contains language prohibiting the use of funds for the CAPPS II program until the 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, 462 U.S. 919 (1983). Bush wrote that while the language is mandatory, he will construe it as merely advisory. Basically, the President asserts that it would be an unconstitutional usurpation of executive power by the legislative branch 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.

GAO Findings. The GAO report finds that "Key activities in the development of CAPPS II have been delayed, and TSA has not yet completed important system planning activities. Specifically, TSA is currently behind schedule in testing and developing initial increments of CAPPS II, due in large part to delays in obtaining passenger data needed for testing from air carriers because of privacy concerns. Initial operating capability -- the point at which the system will be ready to operate with one airline -- was originally scheduled to be completed in November 2003; however, TSA officials stated that initial operating capability has been delayed and its new completion date is unknown. TSA also has not yet established a complete plan identifying specific system functionality that will be delivered, the schedule for delivery, and the estimated costs throughout the system's development."

The GAO report finds that the DHS has met only one of the eight criteria, the establishment of an internal oversight board to review the development of major DHS systems, including CAPPS II. The report states that "As of January 1, 2004, TSA has not fully addressed seven of the eight CAPPS II issues identified by the Congress as key areas of interest, due in part to the early stage of the system's development."

The report also concludes that "CAPPS II also faces a number of additional challenges that may impede its success. These challenges are developing the international cooperation needed to obtain passenger data, managing the expansion of the program’s mission beyond its original purpose, and ensuring that identity theft -- in which an individual poses as and uses information of another individual -- cannot be used to negate the security benefits of the system. We believe that these issues, if not resolved, pose major risks to the successful development, implementation, and operation of CAPPS II."

More on the DHS Appropriations Bill. President Bush signed the Department of Homeland Security Appropriations Act, 2004, on October 1, 2003. It was HR 2555. It is now Public Law No. 108-90.

Section 519(a) of HR 2555 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."

Reaction of Privacy Groups. Jim Dempsey, Executive Director of the Center for Democracy and Technology (CDT), stated in a release that "The screening system in place today doesn't work very well and it ends up with too many innocent people being pulled aside ... But we can't walk away from the problem. We need a new passenger screening system. The GAO may have killed CAPPS II, but we're going to need something to replace what we have and we better start thinking seriously about it now."

Marc Rotenberg, Executive Director of the Electronic Privacy Information Center (EPIC), stated in a release that "The report confirms that the Department of Homeland Security has failed to address the very significant privacy issues that lie at the heart of CAPPS II. It shows that international opposition to the U.S. initiative is well-founded, and makes it unlikely that European officials will approve the transfer of passenger data to the United States."

DHS Reaction. Nuala Kelly (at right), Chief Privacy Office of the DHS, stated at a media roundtable that "For the most part, I think the GAO Report is quite fair and I think it's accurate and I think it's a fair statement to say that there is good work that has been done and a great deal of work that still remains to be done on my issues and on other parts of the program as well." See, transcript.

The DHS also issued a release. It states that "CAPPS II is not an intelligence gathering database. It is a prescreening system that will assess the likelihood that travelers are who they claim to be and perform a risk assessment to detect individuals who may pose a terrorist-related threat or who have outstanding Federal or state warrants for crimes of violence."

It continues that "CAPPS II modernizes an existing program that was created in 1997 as an additional measure to help prevent a terrorist attack on passenger aircraft.

"It assesses the identity of every passenger by matching limited information about the traveler (including name, date of birth, address, and phone number) with commercially available information. This check is done between databases outside of a government firewall. CAPPS II will not bring any information contained in the commercial databases into the government’s system and the commercial databases are prohibited from keeping or using the information provided by CAPPS II", states the DHS release. "CAPPS II also performs a risk assessment, including a check against lists of terrorists and known or suspected threats, to detect individuals who may pose a terrorist-related threat or who have outstanding Federal or state warrants for crimes of violence."

The DHS also states that "Once the system has computed a traveler’s risk score, it will send an encoded message to be printed on the boarding pass indicating the appropriate level of screening. Eventually, this information is planned to be transmitted directly to screeners at security checkpoints."

See also, statement by Under Secretary of Homeland Security Asa Hutchinson, and second press release dated February 12, 2004.

Related stories: 

"Bush Signs Homeland Security Appropriations Bill", "TSA Receives Comments In CAPPS II Privacy Proceeding", and "Homeland Security Appropriations Bill Purports to Restrict Use of Funds for CAPPS II" in TLJ Daily E-Mail Alert No. 751, October 2, 2003.

"Senate Commerce Committee Holds Hearing on Transportation Security" in TLJ Daily E-Mail Alert No. 736, September 10, 2003.

"TSA and EPIC Reach Agreement Regarding Production of Documents Regarding CAPPS II" in TLJ Daily E-Mail Alert No. 734, September 8, 2003.

"EPIC Files FOIA Suit For CAPPS II Records" in TLJ Daily E-Mail Alert No. 733, September 5, 2003.

2/10. Rep. Nancy Pelosi (D-CA), the House Democratic Leader, and 23 other Democrats in the House, wrote a letter to President Bush regarding the Computer Assisted Passenger Pre-Screening System II (CAPPS II).

The body of the letter states, in full:

"Many of our constituents have contacted our Congressional offices concerned that their privacy rights have been violated by airlines turning over personal consumer information to the federal government without their knowledge or consent."

"We certainly understand, that after the horrible attacks of September 11, 2001, heightened security is necessary to ensure safe air travel. However, even with the necessary exchange of liberty for security, consumers have the right to know how their private, personal information will be used."

"Before the Computer-Assisted Passenger Pre-Screening Program (CAPPS II) is implemented, we urge the adoption of a specific policy that makes clear the role of airlines in sharing consumer information with the federal government. Such a policy should articulate what information can be shared by airlines and how such information is to be shared. First, we would anticipate a clear explanation as to the boundaries of any information-sharing between airlines and the federal government. Second, consumers must be clearly informed at the time they purchase their airline tickets as to how their personal information will be used."

"We look forward to working with you in striking the appropriate balance that ensures the protection of our national security and the protection of our civil liberties, and thank you in advance for your prompt attention to this matter."

In addition, to Rep. Pelosi, the signatories include Rep. Jim Turner (D-TX), the ranking Democrat on the House Homeland Security Committee (HHSC), Rep. Ed Markey (D-MA), a senior member of the HHSC. No Republicans signed this letter.

8:30 AM - 5:45 PM. Day two of a two day conference hosted by the National Telecommunications and Information Administration (NTIA) titled "Forum on Spectrum Management Policy Reform". See, agenda [PDF]. To register, contact Margaret Huynh at mhuynh@nas.edu. Location: Lecture Room, National Academy of Sciences Building, 2100 C Street, NW.

11:00 AM. Frank Libutti (Under Secretary of the Department of Homeland Security) will speak to the National Emergency Management Association's (NEMA) conference titled "Assessing & Protecting the Nation's Critical Infrastructure". Location: Capitol Hilton Hotel, Presidential Ballroom, 16th & K Streets NW.

12:00 NOON. Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding foreign countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. The USTR is required under Section 182 of the Trade Act of 1974, codified at 19 U.S.C. § 2242, to identify which countries should be identified as Priority Foreign Countries. This section is also know as "Special 301".  See, notice in the Federal Register, January 6, 2004, Vol. 69, No. 3, at Pages 718 - 719.

Extended deadline to submit comments to the Federal Communications Commission (FCC) in response to its Report and Order Further Notice of Proposed Rulemaking [72 pages in PDF] in its proceeding titled "In the Matter of Digital Broadcast Content Protection". This item is FCC 03-273 in MB Docket 02-230. This FNPRM seeks comment regarding a permanent approval mechanism for content protection and recording technologies to be used in conjunction with device outputs. For more information, contact Rick Chessen rchessen@fcc.gov or Susan Mort at smort@fcc.gov or 202-418-7200. See, notice [PDF] extending deadlines.

Extended deadline to submit comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding digital plug and play compatibility. The FCC announced its Second Report and Order and Second Further Notice of Proposed Rulemaking at its September 10, 2003 meeting. See, story titled "FCC Adopts Digital Plug and Play Cable Compatibility Rules" in TLJ Daily E-Mail Alert No. 737, September 11, 2003. The notice in the Federal Register states that the NPRM seeks public comments "on the mechanisms and standards by which new connectors and associated content protection technologies can be approved for use with unidirectional digital cable products". It further seeks comments on "the potential extension of digital cable system transmission requirements to digital cable systems with an activated channel capacity of 550 MHz or higher; whether it is necessary to require consumer electronics manufacturers to provide pre-sale information to consumers regarding the functionalities of unidirectional digital cable televisions; and whether the Commission should ban or permit the down-resolution of non-broadcast MVPD programming." This item is FCC 03-225 in CS Docket 97-80 and PP Docket 00-67. See, notice in the Federal Register, November 28, 2003, Vol. 68, No. 229, at Pages 66776 - 66781. See also, notice [PDF] extending deadlines.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding revisions to the FCC's high cost universal service support mechanism. This is FCC 03-249 in CC Docket No. 96-45. This is also known as the "10th Circuit Remand". See, notice in the Federal Register, December 15, 2003, Vol. 68, No. 240, at Pages 69641 - 69647. See also, stories titled "FCC Announces Order on Remand Regarding High Cost Universal Service Support Mechanism" in TLJ Daily E-Mail Alert No. 761, October 20, 2003, and "FCC Publishes Notices Regarding 10th Circuit Universal Service Remand" in TLJ Daily E-Mail Alert No. 800, December 16, 2003.

Deadline to submit comments to the National Archives and Records Administration (NARA) regarding it proposal to dispose of 27,866 magnetic tape cartridges containing copies of e-mail records of the Clinton administration created from July 15, 1994 through December 1999. See, notice in the Federal Register, December 30, 2003, Vol. 68, No. 249, at Pages 75286 - 75287.

REPORT RELEASED ON FEBRUARY 12. Deadline for the General Accounting Office (GAO) to submit its report to Congress, pursuant to Section 519 of HR 2555, the "Department of Homeland Security Appropriations Act, 2004". President Bush signed this bill on October 1, 2003. This report pertains to the Transportation Security Administration's (TSA) Computer Assisted Passenger Prescreening System (CAPPS II). See, story titled "Homeland Security Appropriations Bill Purports to Restrict Use of Funds for CAPPS II" in TLJ Daily E-Mail Alert No. 751, October 2, 2003.

Deadline for the Central Intelligence Agency (CIA) and Department of Defense (DOC) to submit a report to the Congress regarding the vulnerability of intelligence related computer systems. This report is required by Section 351 of HR 2417, the "Intelligence Authorization Act for Fiscal Year 2004". See, story titled "Bush Signs Intelligence Authorization Bill" in TLJ Daily E-Mail Alert No. 799, December 15, 2003.

Deadline for the Central Intelligence Agency (CIA) to submit a report to the Congress regarding the dependence on foreign made computers and software. This report is required by Section 356 of HR 2417, the "Intelligence Authorization Act for Fiscal Year 2004". See, story titled "Bush Signs Intelligence Authorization Bill" in TLJ Daily E-Mail Alert No. 799, December 15, 2003.

Presidents Day. The Federal Communications Commission (FCC) and other federal agencies will be closed.

The House and Senate will be in recess from February 16 through February 20 for the Presidents Day recess.

9:00 AM - 5:00 PM. Day one of a three day workshop to be hosted by the Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) on merger enforcement. See, notice and agenda. Location: FTC, 601 New Jersey Ave., NW, Conference Center.

9:00 AM - 4:00 PM. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) and Advanced Network Technologies Division (ANTD) will host a one day conference titled "Spam Technology Workshop". See, notice and conference website. The price to attend is $70. The deadline to register is February 3. Location: Building 101, Green Auditorium, NIST, Gaithersburg, MD.

9:30 AM - 12:30 PM. The U.S. Patent and Trademark Office (USPTO) will host a public roundtable meeting regarding the effectiveness of inter partes reexamination proceedings. See, notice in the Federal Register, December 30, 2003, Vol. 68, No. 249, at Pages 75217 - 75218. See also USPTO's February 17 notice. Location: USPTO, conference room, 2nd floor, Crystal Park 2, 2121 Crystal Drive, Arlington, VA.

Day one of a three day workshop hosted by the National Institute of Standards and Technology's (NIST) Computer Security Division titled "Advanced Information Technology (IT) Security Auditing". See, notice. Location: NIST, Gaithersburg, MD.

Deadline to submit comments to the Federal Communications Commission (FCC) to update the record concerning petitions for reconsideration of rules that the FCC adopted in the 1997 access charge reform docket. See, notice in the Federal Register, January 16, 2004, Vol. 69, No. 11, at Pages 2560 - 2561.

9:00 AM - 5:15 PM. Day two of a three day workshop to be hosted by the Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) on merger enforcement. See, notice and agenda. Location: FTC, 601 New Jersey Ave., NW, Conference Center.

10:00 AM. Jane Mago, Chief of the Federal Communications Commission's (FCC) Office of Strategic Planning and Policy Analysis, will host an event titled "briefing for members of the media". She will address "major issues". Persons intending to attend are requested to contact Meribeth McCarrick at 202 418-0654 or Meribeth.McCarrick@fcc.gov. Location: FCC, 8th floor South Conference Room (8-B516), 445 12th Street, SW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a luncheon program titled "Bursting the Bubble on Internet Pop-Up Ads?". The speakers will be Terrance Ross (Gibson Dunn & Crutcher, attorneys for the Washington Post in Washington Post v. Gator), Arnold Lutzker (attorney for defendants in U-Haul v. WhenU.com), and Walter Effross (American University). Prices vary. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch. The topic will be "DTV Reality -- It's Here". The speakers will include Rick Chessen, the Associate Bureau Chief of the Federal Communications Commission's (FCC) Media Bureau, and head of the FCC's DTV Task Force. For more information, contact Peter Corea at 202 418-7931 or pcorea@fcc.gov or Ryan Wallach at 202 303-1159 or rwallach@willkie.com. Location: Willkie Farr & Gallagher, 1875 K St., NW.

Day two of a three day workshop hosted by the National Institute of Standards and Technology's (NIST) Computer Security Division titled "Advanced Information Technology (IT) Security Auditing". See, notice. Location: NIST, Gaithersburg, MD.

9:00 AM - 4:30 PM. Day three of a three day workshop to be hosted by the Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) on merger enforcement. See, notice and agenda. Location: FTC, 601 New Jersey Ave., NW, Conference Center.

12:00 NOON - 2:00 PM. The DC Bar Association will host a brown bag lunch. The speaker will be Joe Whitley, General Counsel of the Department of Homeland Security (DHS). Prices vary. For more information, call 202 626-3463. Location: Morrison & Foerster, 2000 Pennsylvania Ave., NW, Suite 5500.

4:00 PM. Michael Carroll (Villanova University School of Law) will present a paper titled "The Human Face of Deadweight Loss: Recognizing the Limits of Ignorance as a Justification for Uniform Intellectual Property Rights". For more information, contact Robert Brauneis at 202 994-6138 or rbraun@law.gwu.edu. Location: George Washington University Law School, Faculty Conference Center, Burns Building, 5th Floor, 716 20th Street, NW.

Day three of a three day workshop hosted by the National Institute of Standards and Technology's (NIST) Computer Security Division titled "Advanced Information Technology (IT) Security Auditing". See, notice. Location: NIST, Gaithersburg, MD.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Communications Vending Corp. v. FCC, No. 02-1364. Judges Sentelle, Randolph, and Tatel will preside. Location: Location: 333 Constitution Ave. NW.

10:00 AM - 12:00 NOON. The Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) will host a tutorial titled "Capacity Enhancement Methods for Wireless Networks: Complementary Beamforming, Space-Time Coding and Space-Time Collaborative Communications". The speaker will be Vahid Tarokh, a professor of electrical engineering at Harvard. See, notice [PDF]. Location: FCC, Commission Meeting Room (TW-C305), 445 12th Street, SW.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its review of the effectiveness of inter partes reexamination proceedings. See, notice in the Federal Register, December 30, 2003, Vol. 68, No. 249, at Pages 75217 - 75218.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) regarding BellSouth's request for a declaratory ruling that the state commissions may not regulate broadband internet access services by requiring BellSouth to provide wholesale or retail broadband services to voice service customers of competitive local exchange carriers (CLECs) using unbundled network elements (UNEs). BellSouth submitted its 334 page filing on December 9, 2003. See, "Emergency Request for Declaratory Ruling" (without attachments) [35 pages in PDF]. This is WC Docket No. 03-251. See, FCC notice [PDF].

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) regarding DRAFT Special Publication 800-60, titled "Guide for Mapping Types of Information and Information Systems to Security Categories". See, Volume I [PDF] and Volume II [PDF]. Comments should be submitted to 800-60_comments@nist.gov. For more information, contact Elaine Frye at elaine.frye@nist.gov.

Deadline to submit comments to the Federal Communications Commission (FCC) its request that parties refresh the record regarding reconsideration of rules adopted in the 1999 access reform docket. This is CC Docket Nos. 96-262, 94-1, 98-157, and CCB/CPD File No. 98-63, adopted August 5, 1999, and released August 27, 1999. See, notice in the Federal Register, January 21, 2004, Vol. 69, No. 13, at Pages 2862 - 2863.