3/29. Numerous Senators and Representatives have publicly criticized the European Commission's decision to penalize Microsoft, and to direct its software design. For example, Sen. Bill Frist (R-TN), the Senate Majority Leader stated that "I now fear that the United States and EU are heading toward a new trade war -- and that the Commission's ruling against Microsoft is the first shot."

Legislators labeled the EU's action as trade protectionism, interference with U.S. regulation of the U.S. economy, usurpation of the U.S. judiciary, anti-consumer, and anti-innovation.

On March 24, 2004, The European Commission announced, but did not release the text of, a decision that imposes a record fine upon Microsoft of 497.2 Million Euros, orders Microsoft to make changes to its software sold in Europe, and orders Microsoft to disclose certain information to its competitors.

The EC issued a short press release describing its yet to be released decision. See, stories titled "European Commission Seeks 497 Million Euros and Code Removal from Microsoft", "US Antitrust Chief Says EU's Microsoft Decision Could Harm Innovation and Consumers", and "Microsoft Will Challenge EC Decision in Court", in TLJ Daily E-Mail Alert No. 863, March 25, 2004.

Sen. Frist stated that "for some time now, the U.S. Congress has expressed its frustration over the European Union's intransigence on international trade issues that are vitally important to the U.S. economy. From overreaching attempts to regulate e-commerce, to trade barriers against American beef and other agricultural products, the EU has relentlessly pursued protectionist policies that disproportionately harm American businesses and workers. I now fear that the United States and EU are heading toward a new trade war--and that the Commission's ruling against Microsoft is the first shot." See, Congressional Record, March 24, 2004, at Page S3092.

"For the most part, economic growth across the European Union has been meager during this decade", said Sen. Frist. He attributed this to public sector debt, excessive taxation, and "excessive regulation from bureaucrats sitting in Brussels."

"Now, as if destroying Europe's economy were not enough, the European Commission has taken aim at Microsoft, a company whose products and technology have been engines of global economic growth." Frist said the requirement that Microsoft sell a version of its operating system without multimedia functionality is "preposterous", and will provide a product that "no one wants or needs". He said the decision is "anti-consumer, anti-innovation".

He added that the EU decision will have a "negative impact" on "American jobs, American consumers, and the U.S. economy". Frist wants the Department of State and the Department of Justice to stand up to the EU.

Sen. George Allen (R-VA) stated that the EU "has extended its view of competition and regulation beyond Europe and onto the United States -- to the detriment of U.S. laws, industry and consumers." See, Congressional Record, March 23, 2004, at Pages S2992-3.

Sen. Allen (at right) also pointed out that "For many years, the European Union and its member states have criticized the United States for adopting laws and regulations that, in the view of European policymakers, have had an extraterritorial reach. The European Commission in particular has consistently urged the United States to ensure that its legal determinations do not intrude into European affairs. We now have a clear example of the European Union not practicing what they preach."

He also accused the EU of undercutting the Department of Justice. "There can be no question that the U.S. Government was entitled to take the lead in this matter -- Microsoft is a U.S. company, many if not all of the complaining companies in the EU case are American, and all of the relevant design decisions took place here. I would hope that if the Commission were cognizant of America's legitimate interests in this matter, it would act in a manner that complemented the U.S. settlement. I fear the Commission has selected a path that places its resolution of this case in direct conflict with ours."

Sen. Max Baucus (D-MT), the ranking Democrat on the Senate Finance Committee, which has jurisdiction over trade issues, released a statement [PDF]. He wrote that EU decisions "significantly undermine the U.S. government's authority to regulate its economy and may hamper innovation in the high-tech industry, a sector that has been a significant source of job creation and economic growth for our country for the past decade. The EU's imposition of a restrictive, unprecedented and extraterritorial regulatory regime threatens not only to hamstring an American company's ability to deliver future innovations for consumers and businesses across the globe, but also sets back trade relations between the EU and U.S. -- at a time when we can ill afford that."

Sen. Baucus added that "This ruling undermines our ongoing efforts to promote a cooperative and integrated approach to managing our competition laws and trading regimes. At a time when the global economy is becoming more and more interdependent, this decision signals the EU's desire to go it alone on trade and antitrust issues. That's disappointing."

Sen. Blanche Lincoln (D-AR), another member of the Finance Committee, stated that "While Arkansas is not the headquarters of the Microsoft Corp., we are keenly aware of the negative impact that the European Union's protectionist trade actions have on American business and our Nation's economic growth and job creation."

Sen. Lincoln (at right) continued that "Time and time again, farmers and agribusiness in my state have been denied the opportunity to compete in the European market. As a member of the Senate Finance Committee, I am dedicated to ensuring a level playing field with our trading partners. This goal cannot be accomplished alone. It will require a multinational cooperative effort which developed countries like the United States and Europe must lead."

She concluded that "The EU's actions, specifically the one taken yesterday, are a significant step in the wrong direction" See, Congressional Record, March 25, 2004, at Page S3175.

Rep. Jay Inslee (D-WA), who represents a district that is home to employees of both Microsoft and Real Networks (which complained to the EU), stated that "The reason we all ought to be concerned about this European Union decision is it essentially breaches and disturbs, if not destroys, a carefully wrought-out resolution of antitrust issues in the American judicial system." See, Congressional Record, March 24, 2004, at Page H1376.

Sen. Patrick Leahy (D-VT), historically an antagonist of Microsoft, also released a statement. He neither praised nor condemned the EU decision. He stated that the EU has not yet released the text of its order, but "The early indications are that there may be good reason for the Senate Judiciary Committee to ponder the difficult questions raised by what seems to be the emergence of a new world order of antitrust enforcement." Sen. Leahy is the ranking Democrat on the Senate Judiciary Committee.

3/29. Secretary of the Treasury John Snow gave a speech in Cincinnati, Ohio on March 29, and another speech in Washington DC on March 26, in which he discussed offshore outsourcing of jobs. He said that free trade creates jobs, and that the U.S. should reject isolationism.

On March 29, in the state of Ohio, he said that "I know that some Ohioans are worried about their jobs going overseas. The President and I share that concern. Our economy is in transition in many ways, and that can be frightening but there are ways to get through the transition that will mean a better future for everyone. Where workers are trained for the new jobs of the 21st century."

Snow (at right) continued that "Some prescribe a policy of isolationism instead. It's a pessimistic view that our businesses and our workers can't compete. You and I know that's not true. We need to embrace the global economy."

"Thousands of workers' jobs in Ohio depend on trade agreements that enable Ohio-made products to compete in markets around the world. Since the enactment of NAFTA in 1994, Ohio's exports to Mexico have tripled, and last year exports totaled more than two billion dollars", said Snow. "Exports are vital to our Nation's economic strength. The President often points out that today America is selling computer chips to Japan, producing BMWs for export to Germany, and exporting California wine to France."

He added that "It's clear that free trade helps create jobs at home by opening foreign markets to American exports, and by encouraging foreign companies to set up operations here in the U.S. It helps to lower prices and increase choices for American consumers. Exports supported about 12 million jobs during the 1990s and foreign-owned firms provide jobs to around 6.4 million workers today."

He made some of the same points in his speech on March 26 in Washington DC. He also stated that "We have the best workforce in the world, the most innovative businesses, and the most competitive companies. Our small businesses can compete with anybody, given the chance."

3/25. Sen. Patrick Leahy (D-VT) and Sen. Orrin Hatch (R-UT) introduced S 2237, the "Protecting Intellectual Rights Against Theft and Expropriation Act of 2004".

The bill has two provisions. First, it would authorize the Department of Justice (DOJ) to bring civil actions for copyright infringement for conduct that already constitutes criminal copyright infringement under 17 U.S.C. § 506.

This would accomplish two things. It would make it easier to prevail, because, among other things, the civil action would have a lower burden of proof. It would also provide a less punitive action for youthful P2P music pirates.

The bill provides that "The Attorney General may commence a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 506. Upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty under section 504 which shall be in an amount equal to the amount which would be awarded under section 3663(a)(1)(B) of title 18 and restitution to the copyright owner aggrieved by the conduct."

Second, the bill would establish a training program (and authorize funding of $2,000,000) to educate DOJ and U.S. Attorneys Office personnel in copyright enforcement matters.

Sen. Leahy explained that "For too long, Federal prosecutors have been hindered in their pursuit of pirates, by the fact that they were limited to bringing criminal charges with high burdens of proof. In the world of copyright, a criminal charge is unusually difficult to prove because the defendant must have known that his conduct was illegal and he must have willfully engaged in the conduct anyway. For this reason prosecutors can rarely justify bringing criminal charges, and copyright owners have been left alone to fend for themselves, defending their rights only where they can afford to do so. In a world in which a computer and an Internet connection are all the tools you need to engage in massive piracy, this is an intolerable predicament." See, Congressional Record, March 25, 2004, at Page S3189.

Sen. Leahy added that "This new authority does not supplant either the criminal provisions of the Copyright Act, or the remedies available to the copyright owner in a private suit. Rather, it allows the government to bring its resources to bear on this immense problem, and to ensure that more creative works are made available online, that those works are more affordable, and that the people who work to bring them to us are paid for their efforts."

Sen. Hatch also addressed the bill. He stated that the it "does not expand the scope of the existing powers of the Department of Justice to prosecute persons who infringe copyrights. Instead, our proposal will assist the Department in exercising existing enforcement powers through a civil enforcement mechanism. After considerable study, we have concluded that this is the most appropriate mechanism." See, Congressional Record, March 25, 2004, at Pages S3190-1.

He elaborated that "Peer-to-peer file sharing software has created a dilemma for law-enforcement agencies. Millions of otherwise law-abiding American citizens are using this software to create and redistribute infringing copies of popular music, movies, computer games and software. Some who copy these works do not fully understand the illegality, or perhaps the serious consequences, of their infringing activities. This group of filesharers should not be the focus of federal law-enforcement efforts. Quite frankly, the distributors of most filesharing software have failed to adequately educate the children and young people who use their software about its legal and illegal uses."

"A second group of filesharers consists of those who copy and redistribute copyrighted works even though they do know that doing so violates federal law. In many cases, these are college students or young people who think that they will not get caught. Many of these filesharers are engaging in acts that could now subject them to federal criminal prosecution for copyright piracy", said Hatch.

Sen. Hatch and Sen. Leahy are the Chairman and ranking Democrat on the Senate Judiciary Committee, which has jurisdiction over this bill.

3/23. Sen. Joe Biden (D-DE), Sen. Ernest Hollings (D-SC), Sen. Patti Murray (D-WA), Sen. Gordon Smith (R-OR), and Sen. George Allen (R-VA) introduced S 2227, the "Anticounterfeiting Act of 2004", a bill pertaining to trafficking in counterfeit labels, illicit authentication features, or counterfeit documentation or packaging.

The bill amends 18 U.S.C. § 2318, regarding trafficking in counterfeit labels and documentation. The bill would criminalize "illicit authentication features", and create a private right of action for copyright owners.

Sen. Biden sponsored a similar bill in the 107th Congress. See, S 2395, the "Anticounterfeiting Amendments of 2002". The bill was approved by the Senate Judiciary Committee, but the full Senate did not act on the bill. However, by re-introducing this bill in late March of a Presidential election year, it will be difficult to obtain passage in this Congress.

See, stories titled "Biden Bill Would Ban Illicit Authentication Features" in TLJ Daily E-Mail Alert No. 423, May 2, 2002; "Senate Judiciary Committee Approves Anti Counterfeiting Bill" in TLJ Daily E-Mail Alert No. 473, July 19, 2002; and "Sen. Allen Opposes Sen. Biden's Anticounterfeiting Bill" in TLJ Daily E-Mail Alert No. 503, September 6, 2002.

Sen. Biden (at right) explained the problem that his bill addresses. He said that "Counterfeiters of software, music CDs and motion pictures are now tampering with authentication features. Holograms, certificates of authenticity, watermarks and other security features allow the copyright owners to distinguish genuine works from counterfeits. But now, highly sophisticated counterfeiters have found ways to tamper with these features to make counterfeit products appear genuine and to increase the selling price of genuine products and licenses. Put another way, not only do crooks illegally copy American intellectual property, they also now illegally fake or steal the very features property owners use to prevent that theft." See, Congressional Record, March 23, 2004, at Pages S3001-2

He elaborated that "The criminal code has not kept up with the counterfeiting operations of today's high-tech pirates, and it's time to make sure that it does. The Anticounterfeiting Act of 2004 updates and strengthens the Federal criminal code, which currently makes it a crime to traffic in counterfeit labels or copies of certain forms of intellectual property, but not authentication features. For example, we can currently prosecute someone for trafficking in fake labels for a computer program, but we cannot go after them for faking the hologram that the software maker uses to ensure that copies of the software are genuine."

He also explained the private right of action. "In addition, many actions that violate current law go unprosecuted in this day and age when priorities, such as the fight against terrorism and life-threatening crimes, necessarily take priority over crimes of property, be they intellectual or physical. Moreover, the victims of this theft often do not have a way to recover their losses from this crime. For this reason, the Anticounterfeiting Act of 2004 also provides a private cause of action, to permit the victims of these crimes to pursue the criminals themselves and recover damages in federal court.

He added that "Current law criminalizes trafficking in counterfeit documentation and packaging, but only for software programs. The Anticounterfeiting Act of 2003 updates and expands these provisions to include documentation and packaging for phonorecords, motion pictures, other audiovisual works, and copies of other copyrighted works.

He also stated that "The existing provision with regard to counterfeiting addresses certain items of intellectual property, including motion pictures, software, and phonorecords. The Anticounterfeiting Act of 2004 updates the coverage of this statute to include other copyrighted works, such as books. As published books and ebooks begin to be subject to the piracy already witnessed by motion picture, software and recording industries, they need the same protection."

3/25. The Senate Commerce Committee held a hearing titled "Escalating Cable Rates: Causes and Solutions". Sen. John McCain (R-AZ), the Chairman of the Committee, wrote in a prepared statement that "When it comes to purchasing cable channels beyond the basic tier today, consumers have all the ``choice´´ of a Soviet election ballot. One option -- take it or leave it. You want ESPN? You must buy 40-plus channels of expanded basic."

Sen. McCain (at right) added that "This dearth of choice comes from an industry that has proclaimed its indignation at the injustice of being forced to carry ``unwanted´´ broadcast stations. The cable industry challenged the so-called ``must carry´´ rules of the 1992 Cable Act to the Supreme Court. Today it is arguing at the FCC about the gross inequity that would result from cable systems being forced to carry unwanted digital channels under a ``multicast must carry´´ regime. Well, the current ``must purchase´´ regime for consumers is equally unfair."

Mark Goldstein presented the prepared testimony [25 pages in PDF] of the General Accounting Office titled "Telecommunications: Subscriber Rates and Competition in the Cable Television Industry".

He wrote that "Competition leads to lower cable rates and improved quality." He also wrote that "Adopting an a la carte approach, where subscribers could choose to pay for only those networks they desire, would provide consumers with more individual choice, but could require additional technology and could alter the current business model of the cable network industry wherein cable networks obtain roughly half of their overall revenues from advertising. A move to an a la carte approach could result in reduced advertising revenues and might result in higher per-channel rates and less diversity in program choice." He concluded that it is "difficult to ascertain how many consumers would be better off and how many would be worse off under an a la carte approach."

See also, prepared testimony of James Robbins (P/CEO of Cox Communications), George Bodenheimer (President of ESPN and ABC Sports), Gene Kimmelman (Director of the Consumers Union), Marilyn Praisner (Montgomery County Council) and Rodger Johnson (P/CEO of Knology).

3/29. Lisa Dean was named Privacy Officer at the Department of Homeland Security's (DHS) Transportation Security Administration (TSA). She previously worked at the Free Congress Foundation.

3/26. The U.S. Patent and Trademark Office (USPTO) published in its web site the transcript of, and comments received for, its February 17, 2004 round table on Inter Partes Reexamination Proceedings. See, page with hyperlinks to comments and transcript.

3/25. Comcast Corporation announced in a release that it has "signed an agreement with Vulcan Programming Inc. to acquire TechTV, Inc. Upon closing, Comcast will merge TechTV with G4, the Comcast-owned television network devoted to video games and the gamer lifestyle."

The House will meet at 10:30 AM for morning hour and at 12:00 PM for legislative business. The House will consider several items under suspension of the rules, including HR 3036, the Department of Justice Appropriations Authorization Act, Fiscal Years 2004 through 2006. See, Republican Whip Notice.

8:45 AM - 4:30 PM. The American Television Systems Committee (ATSC) will host a day long convention titled "Delivering DTV". Technology Administration (TA) Under Secretary Phil Bond will participate on a panel at 1:30 PM. See, agenda. Location: Hotel Washington, 15th & Pennsylvania Ave., NW.

9:00 AM. The President's Council of Advisors on Science and Technology (PCAST) will hold a meeting. The agenda includes "(1) Discuss a draft report from its workforce-education subcommittee; and (2) continue its discussion of nanotechnology and its review of the federal National Nanotechnology Initiative ... " See, notice in the Federal Register, March 17, 2004, Vol. 69, No. 52, at Page 12694. Location: Crystal Ballroom, St. Regis Hotel, 923 16th Street, NW.

10:00 AM. The House Homeland Security Committee's Subcommittee on Cybersecurity, Science and Research & Development will hold a hearing titled "Homeland Cybersecurity and DHS Enterprise Architecture Budget Hearing for Fiscal Year 2005". The witnesses will be Robert Liscouski (Assistant Secretary for Infrastructure Protection, DHS) and Steven Cooper (Chief Information Officer, DHS). See, notice. Press contact: Liz Tobias or Jennifer Page at 202-226-9600. Location: Room 2325, Rayburn Building.

10:00 AM. The House Appropriations Committee's Subcommittee on Homeland Security will hold a hearing on the proposed budget for the Science and Technology directorate at the Department of Homeland Security (DHS). Charles McQueary, Under Secretary for Science and Technology, is scheduled to testify. Location: Room B-308, Rayburn Building.

? 10:00 AM - 12:00 NOON. The House Science Committee's Subcommittee on Research will hold a hearing on, and markup of, HR 4030, the "Congressional Medal for Outstanding Contributions in Math and Science Education Act". Location: Room 2318, Rayburn Building.

10:00 AM - 1:00 PM. The Federal Communications Commission's (FCC) Network Reliability and Interoperability Council will meet. See, notice [PDF] and agenda [PDF]. Location: FCC, Commission Meeting Room (TW-C305), 445 12th Street, SW.

11:00 AM. The Heritage Foundation will host a panel discussion titled "Leveraging Cutting-Edge Commercial Technology For Defense". Joseph Mait (Center for Technology and National Security Policy), Stephen Prior (Potomac Institute for Policy Studies), Robert Bott (Boeing Company), James Jay Carafano (Heritage), and Jack Spencer (Heritage). See, notice. Location: Heritage, Lehrman Auditorium, 214 Massachusetts Ave NE.

12:00 NOON. Deadline to submit written comments to the U.S. Trade Representative's (USTR) Trade Policy Staff Committee (TPSC) regarding negotiating objectives for the proposed free trade agreement (FTA) between the U.S. and four Andean countries (Colombia, Peru, Ecuador, and Bolivia). See, notice in the Federal Register, February 17, 2004, Vol. 69, No. 31, at Pages 7532 - 7534.

12:30 PM - 2:30 PM. The DC Bar Association's Sections on Intellectual Property and International Law will host a luncheon titled "Developments in IPR Enforcement at the Border". The speakers will be George McCray (U.S. Customs and Border Protection), William Hubbard (Food and Drug Administration), Alice Kipel (Steptoe & Johnson), and Geoffrey Goodale (Gardner Carton & Douglas). Prices vary. For more information, call 202-626-3463. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

1:30 - 2:30 PM. The Information Technology Association of America (ITAA) will hold a press conference to release an econometric study titled "Global Sourcing and the U.S. Economy". The participants will include Harris Miller (ITAA), Lawrence Klein, and Nariman Behravesh. There will be a live audio webcast. Location: National Press Club, 13th Floor, Holeman Lounge, 529 14th Street, NW.

2:00 PM. The House Appropriations Committee's Subcommittee on Commerce, Justice, and State, the Judiciary, and Related Agencies will hold a hearing on the proposed budget for the Departments of Commerce, Justice and State. The purpose of this hearing is to allow Members of Congress to testify. Location: Room H-309, Capitol Building.

2:30 PM. The Senate Commerce Committee will hold a hearing an several pending nominations, including that of Theodore Kassinger to be Deputy Secretary of Commerce. Location: Room 253, Russell Building.

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

8:45 AM - 5:15 PM. The DC Bar Association's Section on Intellectual Property will host a program titled "Practical Tips on Intellectual Property". The speakers will include U.S. Court of Appeals Judge Alan Lourie. Prices vary. For more information, call 312-988-6517. Location: Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

10:00 AM. The House Commerce Committee will hold a hearing titled "U.S.-China Trade: Preparations for the Joint Commission on Commerce and Trade". The witnesses will be Charles Freeman (Deputy U.S. Trade Representative), Fritz Attaway (Motion Picture Association of America), Bill Primosch (National Association of Manufacturers), Alan Tonelson (U.S. Business & Industry Council Educational Foundation), Joe Papovich (Recording Industry Association of America), Douglas Lowenstein (Entertainment Software Association), and Mark Levinson (UNITE). Press contact: Larry Neal or Jon Tripp at 202 225-5735. The hearing will be webcast. Location: Room 2123, Rayburn Building.

10:00 AM. The House Appropriations Committee's Subcommittee on Commerce, Justice, and State, the Judiciary, and Related Agencies will hold a hearing on the proposed budget for the Federal Communications Commission (FCC). FCC Chairman Michael Powell is scheduled to testify. Location: Room H-309, Capitol Building.

10:00 AM. The Senate Judiciary Committee will hold a hearing on several judicial nominees, including William Duane Benton (to be a Judge of the U.S. Court of Appeals for the 8th Circuit), Robert Bryan Harwell (District of South Carolina), and George Schiavelli (Central District of California). See, notice. Location: Room 226, Dirksen Building.

12:15 PM - 2:00 PM. The DC Bar Association's Sections on Antitrust and Computer and Telecommunications Law will host a brown bag lunch titled "The on Restrictions on Telephone Calls, Faxes and Spam". The speakers will include Kurt Schroeder (FCC Enforcement Bureau), Erica McMahon (FCC Consumer and Governmental Affairs Bureau), Lisa Hone (FTC Bureau of Consumer Protection), Michael Goodman (FTC Bureau of Consumer Protection), Barry Cutler (Baker & Hostetler), and Emmitt Carlton (FCC Enforcement Bureau). For more information, call 202 626-3463. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

1:30 AM. The House International Relations Committee will meet to mark up numerous items, including HRes 576, a resolution urging the People's Republic of China to improve its protection of intellectual property rights. Location: Room 2172, Rayburn Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Online Communications Practice Committee will host a brown bag lunch titled "Digital Rights Management". The speakers will be Mark Cooper (Consumer Federation of America), and Paul Glist (Cole Raywid & Braverman). RSVP to Evelyn Opany at 202-689-7163. Location: Cole, Raywid & Braverman, 1919 Pennsylvania Ave., NW, Suite 200.

1:30 PM. The House Armed Services Committee's (HASC) Subcommittee on Terrorism, Unconventional threats and Capabilities will hold a hearing titled "Fiscal Year 2005 National Defense Authorization budget request - Department of Defense's Business Transformation Efforts". Several of the witnesses have IT, CIO or C4 (a military acronym for Command, Control, Communications, and Computers) in their titles. Location: Room 2118, Rayburn Building.

2:00 - 3:30 PM. Federal Communications Commission (FCC) World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group on Regulatory Issues will meet. The FCC notice [PDF] states that "Non-U.S. citizens who wish to attend must preclear 24 hours in advance of the meeting by e-mailing their name, nationality and company affiliation to sharon.c.neuner@boeing.com." Location: The Boeing Company, 1200 Wilson Boulevard. The nearest metro stop is Rosslyn Station.

4:00 PM. The House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property will meet to mark up HR __, the "Piracy Deterrence and Education Act of 2004", HR 3632, the "Anticounterfeiting Amendments of 2003", and HR 3754, the "Fraudulent Online Identity Sanctions Act", and, HR __, the "Authorization of the Satellite Home Viewer Extension Act". The hearing will be webcast by the Committee. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

The Office of the U.S. Trade Representative (USTR) may conclude its review regarding the operation and effectiveness of, and the implementation of and compliance with, the World Trade Organization (WTO) Basic Telecommunications Agreement, other WTO agreements affecting market opportunities for U.S. telecommunications products and services, the telecommunications provisions of the North American Free Trade Agreement (NAFTA), Chile FTA and Singapore FTA, and other telecommunications trade agreements. See, notice in the Federal Register, December 8, 2003, Vol. 68, No. 235, at Pages 68444 - 68445.

6:00 PM. Deadline to submit applications to the National Telecommunications and Information Administration (NTIA) for grants under the Public Telecommunications Facilities Program (PTFP). See, NTIA notice.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding Level 3 Communications' petition for forbearance requesting the FCC to forbear from application of 47 U.S.C. § 251(g), the exception clause of § 51.701(b)(1) of the FCC's rules, and § 69.5(b) of the FCC's rules to the extent those provisions could be interpreted to permit local exchange carrier (LECs) to impose interstate or intrastate access charges on internet protocol (IP) traffic that originates or terminates on the public switched telephone network (PSTN), or on PSTN-PSTN traffic that is incidental thereto. This is WC Docket No. 03-266. See, FCC notice [3 pages in PDF].

Deadline to submit comments to the Federal Trade Commission (FTC) in response to its notice in the Federal Register requesting comments regarding a National Do Not E-mail Registry. Section 9 of S 877, the "Controlling the Assault of Non-Solicited Pormography and Marketing Act of 2003" (CAN-SPAM Act), requires the FTC to write a report to the Congress on establishing a nationwide Do Not E-Mail Registry. It is due by June 16, 2004. See, story titled "FTC Announces CAN-SPAM Act Rulemaking" in TLJ Daily E-Mail Alert No. 855, March 15, 2004. The notice is published in the Federal Register, March 11, 2004, Vol. 69, No. 48, at Pages 11775-11782. See also, FTC release summarizing the notice.

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

9:00 AM - 1:15 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA), U.S. Patent and Trademark Office (USPTO), and Technology Administration (TA) will host a forum titled "From RFID to Smart Dust: The Expanding Market for Wireless Sensor Technologies". The participants will include Kevin Martin (FCC Commissioner), Jon Dudas (acting Director of the USPTO), Michael Gallagher (acting Administrator of the NTIA), Elizabeth Prostic (Chief Privacy Officer), and Benjamin Wu (Deputy Under Secretary for Technology). See, NTIA release and notice in the Federal Register, March 1, 2004, Vol. 69, No. 40, at Page 9598. Location: DOC Auditorium, 1401 Constitution Ave., NW.

9:30 AM. The U.S. Court Appeals (DCCir) will hear oral argument in Telcordia v. Telkom, No. 03-7099. Judges Randolph, Rogers and Garland will preside. Location: Prettyman Courthouse, 333 Constitution Ave.

10:00 AM. The House Appropriations Committee's Subcommittee on Homeland Security will hold a hearing on the proposed budget for the Information and Analysis and Infrastructure Protection directorate of the Department of Homeland Security (DHS). Location: TBA.

12:00 NOON - 1:30 PM. The Americans for a Secure Internet (ASI) will host an event to announce its formation and to discuss cyber security issues. The speakers will include Bob Dix (Staff Director for the House Government Reform Committee's Subcommittee on Technology & Information Policy), Steve DelBianco (Association for Competitive Technology), Tom Santaniello (Computing Technology Industry Association), Jonathan Zuck, (Association for Competitive Technology), Jim Dempsey (Center for Democracy and Technology), and Wayne Crews (Cato Institute). Lunch will be served. Location: Phoenix Park Hotel, 520 North Capitol Street, NW (First Floor Ballroom).

2:00 PM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing on HR __, a yet to be introduced bill reauthorizing the Satellite Home Viewer Improvement Act. See, notice. The hearing will be webcast by the Committee. Press contact: Larry Neal or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.

2:00 PM. The House Appropriations Committee's Subcommittee on Veterans Affairs and Housing and Urban Development, and Independent Agencies will hold a hearing on the proposed budget for the National Science Foundation (NSF). Location: Room 2359, Rayburn Building.

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

8:30 AM - 3:45 PM. There will be an event titled "The 19th Annual Intellectual Property Law Conference". The speakers will include Rep. Lamar Smith (R-TX), Chairman of the House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property. Prices vary. For more information, call 312-988-5598. Location: Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

9:30 AM. The U.S. Court Appeals (DCCir) will hear oral argument in Communications & Control Inc. v. FCC, No. 03-1213. Judges Henderson, Randolph and Roberts will preside. Location: Prettyman Courthouse, 333 Constitution Ave.

10:00 AM - 12:00 NOON. The American Enterprise Institute (AEI) will host a panel discussion titled "Preemption in the Rehnquist Court". See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

12:15 PM. The Federal Communications Bar Association (FCBA) will host a lunch. The speakers will be legal advisors on wireless issues to Federal Communications Commission (FCC) Commissioners. The price to attend is $15. RSVP to Wendy Parish at wendy@fcba.org by 5:00 PM on Wednesday, March 31. Location: Sidley Austin, 1501 K Street, NW, 6th Floor.

Daylight Saving Time begins.

The House will be in recess from April 5 through April 16 for the Spring recess. It will next meet on Monday, April 19.

The Supreme Court will begin a recess. (It will return on April 19, 2004.)

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Typeright v. Microsoft, No. O3-1197. Location: Courtroom 203, 717 Madison Place, NW.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry and Notice of Proposed Rulemaking (NOI & NPRM) [31 pages in PDF] regarding the interference temperature method of quantifying and managing interference among different services. See, notice in the Federal Register, January 21, 2004, Vol. 69, No. 13, at Pages 2863 - 2870. This NOI/NPRM is FCC 03-289 in ET Docket No. 03-237. See also, stories titled "FCC Announces NOI/NPRM on Interference Temperature Model" in TLJ Daily E-Mail Alert No. 779, November 14, 2003, and "FCC Releases NOI/NPRM on Interference Temperature Approach" in TLJ Daily E-Mail Alert No. 789, December 1, 2003.

Deadline to submit comments to the National Archives and Records Administration's Electronic Records Policy Working Group regarding implementation of Section 207(e)(1)(A) of the E-Government Act of 2002, regarding "Public Access to Electronic Information". This section provides for "the adoption by agencies of policies and procedures to ensure that chapters 21, 25, 27, 29, and 31 of title 44, United States Code, are applied effectively and comprehensively to Government information on the Internet and to other electronic records.'' See, notice in the Federal Register, March 8, 2004, Vol. 69, No. 45, at Page 10764.

3/25. The House Appropriations Committee's Subcommittee on Commerce, Justice, and State, the Judiciary, and Related Agencies held a hearing on the proposed budget for the U.S. Trade Representative (USTR). See, prepared testimony [20 pages in PDF] of USTR Robert Zoellick.

3/25. The House Armed Services Committee's Subcommittee on Terrorism, Unconventional Threats and Capabilities held a hearing on President Bush's FY 2005 budget request for Department of Defense science and technology policy programs. See especially, prepared testimony of Anthony Tether (at right), Director of the Defense Advanced Research Projects Agency (DARPA). He addressed, among other things, cognitive computing, MEMS (Microelectronics, photonics, and microelectromechanical systems), and information technology.

3/25. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, and Homeland Security, and the House Homeland Security Committee's Subcommittee on Intelligence and Counterterrorism, held a joint hearing titled "Progress in Consolidating Terrorist Watchlists -- The Terrorist Screening Center". See, prepared statement of Rep. Howard Coble (R-NC), Chairman of the Subcommittee on Crime, and prepared statement of Rep. Chris Cox (R-CA), Chairman of the Homeland Security Committee. See also, prepared testimony of witnesses: Donna Bucella (Director, Terrorist Screening Center, FBI), Charlie Bartoldus (Director, National Targeting Center, Customs and Border Protection, DHS), James McMahon (Director, Office of Public Security, New York), and Jerry Berman (Center for Democracy and Technology).

3/25. The House Judiciary Committee's (HJC) Subcommittee on the Constitution held a hearing on HRes 568, which expresses the sense of the House that judicial determinations regarding the meaning of the laws of the U.S. should not be based on judgments, laws, or pronouncements of foreign institutions. See, prepared statement of Rep. Steve Chabot (R-OH), the Chairman of the Subcommittee. See also, prepared testimony of witnesses: Jeremy Rabkin (Cornell University), Vicki Jackson (Georgetown Law Center), Michael Ramsey (University of San Diego Law School), and John McGinnis (Northwestern University School of Law).

3/24. The House Government Reform Committee's Subcommittee on Technology, Information Policy, Intergovernmental Relations and the Census held a hearing titled "Electronic Government: A Progress Report on the Successes and Challenges of Government-wide Information Technology Solutions". See, prepared testimony [71 pages in PDF] of Linda Koontz (General Accounting Office) titled "Electronic Government: Initiatives Sponsored by the Office of Management and Budget Have Made Mixed Progress", and prepared testimony [PDF] of Karen Evans (Office of Management and Budget) titled "Federal Government's Efforts to Safeguard our Information and Systems".