5/6. The House Commerce Committee's Subcommittee on Commerce Trade and Consumer Protection held a hearing titled "Online Pormography: Closing the Doors on Pervasive Smut".

Several members of Congress and child advocates condemned P2P child porm, and called for passage of HR 2885, the "Protecting Children from Peer to Peer Pormography Act". Representatives of the P2P industry argued that the attack on P2P porm is being promoted by the entertainment industries to destroy the nascent P2P industry in order to protect copyrighted works.

Rep. Joe Pitts (R-PA), Rep. Chris John (D-LA), and others, introduced HR 2885 on July 24, 2003. See, stories titled "Representatives Introduce Bill to Protect Children from P2P Smut" and "Commentary: Spyware and P2P Smut Bills Would Also Restrict P2P Infringement" in TLJ Daily E-Mail Alert No. 706, July 29, 2003.

The bill provides that "It is unlawful for any person to distribute peer-to-peer file trading software, or to authorize or cause peer-to-peer file trading software to be distributed by another person, in interstate commerce in a manner that violates the regulations prescribed under subsection (b)(2)." Subsection (b)(2), in turn, requires the FTC to write regulations that impose eleven requirements.

For example, it requires the Federal Trade Commission (FTC) to "require any person who distributes, or authorizes or causes another person to distribute, peer-to-peer file trading software in interstate commerce to ... obtain verification of majority, or if a recipient is a juvenile obtain verifiable parental consent, before the peer-to-peer file trading software is provided to the recipient ..."

It also requires that P2P software that is capable of circumventing security measures, such as firewalls, not activate that capability unless the user first receives notice of that capability.

It also requires the FTC to "ensure that the peer-to-peer file trading software has the capability to be readily disabled or uninstalled by a user thereof, and prominent means to access clear information concerning the availability and use of that capability".

It would require the FTC to define "peer to peer file trading software" to encompass "computer software that enables the transmission of computer files or data over the Internet or any other public network of computers and that has as its primary function the capability to do all of the following -- (A) enable a computer on which such software is used to transmit files or data to another such computer; (B) enable the user of one such computer to request the transmission of files or data from another such computer; and (C) enable the user of one such computer to designate files or data available for transmission to another such computer, but which definition excludes, to the extent otherwise included, software products legitimately marketed and distributed primarily for the operation of business and home networks, the networks of Internet access providers, or the Internet itself".

Charles Catlett, of the University of Chicago, stated in his prepared testimony that this definition "covers nearly all Internet software that I am aware of, including Web software, instant messaging software, and file transfer programs."

He added that "the exclusion of software that is ``marketed and distributed primarily for the operation´´ of networks implies that functionality built into computer operating systems (such as Windows and MacOS) would be excluded from these requirements." (Parentheses in original.)

He said that "This would put small software companies at a distinct disadvantage relative to their larger competitors."

Michael Lafferty of the Distributed Computing Industry Association (DCIA) had harsh words for the entertainment industry. He wrote in his prepared testimony that "The entertainment industries' continuing emphasis on peer-to-peer pormography is unreflective of the much greater relative presence of pormography on the Web, and of the much greater ease of transmitting pormography via e-mail and instant messaging attachments, not to mention the far greater risks of criminally obscene content available on websites, and of predatory dangers in chat-rooms. And it is so dismissive of peer-to-peer providers' efforts to work with law enforcement and to incorporate parental control software into their products that is starts to take on the character of a red herring. The inaccurate pornography charge too, is one of the pillars of the entertainment companies' platform for destroying the nascent distributed computing industry, oblivious to the damage wrought by their own intentional and shameful role."

He added that "Both copyright infringement and exposure of children to pornography are real problems, and we condemn them. However, we also encourage the Congress to consider that the possibility that the entertainment industries' ceaseless chant of piracy, and their unbalanced and diversionary claim of pormography, are not such issues as demand an inexorable tightening of the legislative screws on millions of Americans".

Adam Eisgrau of P2P United was not a witness, but submitted testimony for the record, and attended the hearing. He wrote that "Unlike the entertainment industries that have sought to demonize peer-to-peer technology and its developers while apparently taking no affirmative steps themselves, the member companies of P2P United have taken concrete action to help protect our children." He outlined two initiatives of P2P United.

Rep. Pitts (at right), the lead sponsor of HR 2885, stated at the hearing that "This is not about the recording industry. It's about the peer-to-peer industry. They don't get special treatment. Their product is used to hurt children."

He said that "Peer-to-peer distributors should be held accountable for the smut they actively put into the hands of our children. They should be expected to allow parents to protect their children, not ridicule their efforts to do so."

He also said that smut filters, that are based upon keywords, do not work against P2P smut. He continued that pedophiles mislabel child porm files with names that children will enter in searches, such as "Cinderella, Pokemon, Snow White". He suggested that unless this is "pedophile code talk", then "children are the only possible target of this false labeling".

Rep. Cliff Stearns (R-FL), the Chairman of the Subcommittee, praised the beneficial applications of P2P technology generally, but added that P2P applications are now being used to target children with pormography with mislabeled file names.

Rep. Janice Schakowsky (D-IL), the ranking Democrat on the Subcommittee, pointed out that there is far more web based smut than P2P based smut. She also said that P2P is a legitimate way for artists to distribute their work when they cannot get play time on radio stations.

Rep. Joe Barton (R-TX), the Chairman of the full Committee, did not participate, but submitted a statement for the record. He wrote that P2P pormography "is a problem of illegal behavior related to content, not technology. Distributed computing is more than just peer-to-peer file sharing of music and other pop culture type files -- it is an exciting area with scientific benefits that will accrue to industry and to the public."

Linda Koontz of the Congress's General Accounting Office (GAO) testified that the GAO has found that child pormography is placed on P2P networks with file names that children are likely to enter in searches.

Keith Lourdeau of the FBI testified that "In 2001, the FBI received 156 complaints about child pormography in Peer-to-Peer networks. By 2002, the number of complaints had risen to 757." He added that FBI agents "have determined Peer-to-Peer networks are one of many Internet havens of the open distribution of child pormography."

"To combat this, the FBI has created an investigative protocol for Peer-to-Peer investigations to begin aggressively apprehending offenders." He did not explain this protocol. Nor did he discuss any cases. He said that "discussion of these cases could possibly jeopardize ongoing investigations". Also, when asked about which companies are cooperating, he declined to provide information in public session.

5/6. The Federal Communications Commission (FCC) released the agenda [3 pages in PDF] for its meeting of Thursday, May 13, 2004. The agenda includes, among other items, an NPRM regarding use of spectrum by unlicensed devices, such as WiFi, in the TV broadcast bands and the 3650-3700 MHz band. The agenda also includes an order regarding access charge reform.

First, three FCC bureaus will present a progress report on number portability implementation. The report will be presented by the Wireless Telecommunications Bureau (WTB), Wireline Competition Bureau (WCB), and the Consumer & Governmental Affairs Bureau (CGAB).

Second, the FCC will consider an order on access charge reform. This will be an Eighth Report and Order and Fifth Order on Reconsideration regarding amendments to and clarification of the rules governing the tariffing of interstate switched exchange access services provided by competitive local exchange carriers (CLECs). This is CC Docket No. 96-262.

Third, the FCC will consider a Notice of Proposed Rulemaking (NPRM) that requests comments on various abbreviated dialing arrangements that could be used by state One Call notification systems in compliance with the Pipeline Safety Improvement Act of 2002. This act was HR 3609 (107th Congress). It became Public Law No. 107-355. This FCC proceeding is CC Docket No. 92-105.

Fourth, the FCC will consider an Order on Review that will address petitions for review of the March 10, 2003 Order [21 pages in PDF] finding that the Philippine carriers named in that Order whipsawed U.S. carriers, and ordering the suspension of payments for termination services to the Philippine carriers pending restoration of circuits. This is IB Docket No. 03-38. See also, February 12, 2004 Public Notice [PDF].

Fifth, the FCC will consider an NPRM regarding use by unlicensed devices below 900 MHz and in the 3 GHz Band. Unlicensed devices would include, among other things, 802.11 devices. This is ET Docket No. 02-380.

This NPRM concerns allowing unlicensed devices to operate in TV broadcast bands below 900 MHz at locations and times when spectrum is not being used, and with requirements with respect to interference. This NPRM also concerns permitting unlicensed devices to operate in the 3650-3700 MHz band.

The FCC announced a Notice of Inquiry [MS Word] (NOI) in this proceeding on December 11, 2002. See, story titled "FCC Announces Notice of Inquiry Re More Spectrum for Unlicensed Use" in TLJ Daily E-Mail Alert No. 566, December 12, 2002. The FCC released its NOI on December 20, 2002.

The meeting will be at 9:30 AM at the FCC, in the Commission Meeting Room (Room TWC305), 445 12th Street, SW. The meeting will be webcast by the FCC.

5/5. The House passed S 2315 by unanimous consent without debate. This is a short and untitled bill to amend the Open-Market Reorganization for the Betterment of International Telecommunications (ORBIT) Act to extend the deadline for INTELSAT's initial public offering (IPO) from June 30, 2004 to December 31, 2005.

Sen. Conrad Burns (R-MT) introduced this bill on April 8, 2004. See, story titled "Sen. Burns Introduces Bill to Allow Delay in INTELSAT IPO" in TLJ Daily E-Mail Alert No. 874, April 12, 2004. The Senate passed this bill on April 27. See, story titled "Senate Passes Bill Allowing Delay in INTELSAT IPO" in TLJ Daily E-Mail Alert No. 887, April 29, 2004.

5/6. The House Commerce Committee's Subcommittee on Telecommunications and the Internet held a hearing titled "The Dot Kids Internet Domain: Protecting Children Online".

The hearing focused on implementation of HR 3833 (107th Congress), the "Dot Kids Implementation and Efficiency Act of 2002", which required that the National Telecommunications and Information Administration (NTIA) must require the establishment of a second level domain within the .us country code domain that is restricted to material that is not harmful to minors.

The bill excludes certain content from this location. However, it does nothing to compel content providers to place material at this location. The success of this program relies, in part, upon voluntary activity by content providers.

See also, stories titled "Reps. Shimkus and Markey Seek a .kids Domain", TLJ Daily E-Mail Alert No. 234, July 25, 2001; "House Subcommittee Holds Hearing on Kids Domain" TLJ Daily E-Mail Alert No. 300, November 2, 2001; "House Passes Dot Kids Domain Bill", TLJ Daily E-Mail Alert No. 436, May 22, 2002; and "Bush Signs Dot Kids Bill" in TLJ Daily E-Mail Alert No. 561, December 5, 2002.

NeuStar Inc. has the contract with the NTIA to manage the .us top level domain. NeuStar activated the kids.us directory on September 4, 2003. See, story titled "Kids.us Directory Activated" in TLJ Daily E-Mail Alert No. 734, September 8, 2003.

Richard Tindal of NeuStar wrote in his prepared testimony that "To date, NeuStar has had very positive experiences in the process of content management and enforcement. The content received is generally appropriate for the domain."

Rep. Fred Upton (R-MI), the Chairman of the Subcommittee presided. He issued a release that states that "today there are over 1700 names registered on Dot Kids".

Rep. Joe Barton (R-TX), the Chairman of the full Committee, wrote in his opening statement that "We need to continue to leverage the strength of these sites to encourage other companies, nonprofits, schools, and foundations to post content that can benefit America's children."

The acting head of the NTIA, Michael Gallagher, wrote in his prepared testimony that the "NTIA believes that there is still much work to be done to help generate widespread interest and support for kids.us." He also wrote that "the success of the domain will come with a shared responsibility by all stakeholders."

NeuStar's Tindal also wrote that "On June 1, 2004, NeuStar will re-introduce the kids.us domain to the marketplace by implementing a multifaceted marketing campaign that includes advertising, public relations, customer outreach and direct marketing programs.  This new program is designed to: (1) broaden consumer awareness and use of the kids.us namespace; (2) encourage the activation of content by registrants; and (3) increase the number of kids.us domain name registrations."

See also, prepared testimony of Cynthia Johanson (PBS) and prepared testimony of Teri Schroeder (I-SAFE America).

The House will not meet.

The Senate will meet at 9:30 AM for morning business.

9:00 AM - 1:00 PM. The Federal Communications Commission's (FCC) Internet Policy Working Group (IPWG) will hold its second "Solutions Summit". This summit will focus on disability access issues associated with internet protocol technologies. See, agenda [PDF]. Location: FCC, 445 12th St., SW.

10:00 AM - 4:00 PM. The Department of Commerce's (DOC) National Medal of Technology Nomination Evaluation Committee will hold a closed meeting to discuss the relative merits of persons and companies nominated for the medal. See, notice in the Federal Register, April 19, 2004, Vol. 69, No. 75, Page 20863. Location: Room 4813, DOC, 1401 Constitution Ave., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch. The topic will be "The Role of In House Counsel". The speakers will be Susan Fox (Disney), Phil Passanante (RCN), Doug Brandon (AT&T Wireless), and Lon Levin (XM Satellite Radio). For more information, contact Chris Fedeli at cfedeli@covad.net or Tony Lin at tony.lin@shawpittman.com. Location: Shaw Pittman, 2300 N Street, NW, Conference Room.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Committee will host a luncheon titled "Hot Topics for NTIA". The speaker will be Michael Gallagher (acting head of the National Telecommunications and Information Administration), and NTIA staff. The price to attend is $15.00. FCBA registration form [PDF] required. Location: Sidley Austin, 1501 K Street, NW, 6th floor.

Day two of a two day conference hosted by the Computer Law Association titled "2004 World Computer and Internet Law Congress". Prices vary. See, event brochure [PDF]. Location: Park Hyatt, 1201 24th Street, NW.

Deadline to submit requests to the Federal Trade Commission (FTC) to participate as a panelist in its June 21, 2004 workshop on the uses, efficiencies, and implications for consumers associated with radio frequency identification (RFID) technology. See, FTC web page for this workshop, and notice in the Federal Register, April 15, 2004, Vol. 69, No. 73, at Pages 20523 - 20525.

The House will meet at 12:00 NOON.

1:30 - 3:30 PM. Federal Communications Commission's (FCC) World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group on Broadcasting and Amateur Issues will meet. See, FCC notice [PDF]. For more information, contact Ben Fisher at 202 663-8154. Location: Shaw Pittman, 2300 N Street, NW.

POSTPONED TO JUNE 14. 2:00 PM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet. Location: FCC, 445 12th Street, SW.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) regarding deployment of advanced telecommunications capability to all Americans in a reasonable and timely fashion, and possible steps to accelerate such deployment. The FCC is required by Section 706 of the Telecommunications Act of 1996 to provide an annual report to the Congress on this subject. See, notice in the Federal Register, April 8, 2004, Vol. 69, No. 68, at Pages 18508 - 18515. This is GN Docket No. 04-54.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding the Emergency Alert System (EAS). See, notice in the Federal Register, April 9, 2004, Vol. 69, No. 69, at Pages 18857 - 18859.

Deadline to reply submit comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) requesting data and information on the status of competition in the Commercial Mobile Radio Services (CMRS) industry for the FCC's Ninth Annual Report and Analysis of Competitive Market Conditions with Respect to Commercial Mobile Services. This NOI is FCC 04-38 in WT Docket No. 04-111. See, notice in the Federal Register, April 23, 2004, Vol. 69, No. 79, at Pages 22032 - 22042.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rule Making (NPRM) regarding two plans that propose establishing optional alternative regulation mechanisms for rate-of-return carriers. See, notice in the Federal Register, March 24, 2004, Vol. 69, No. 57, at Pages 13794 - 13803.

9:00 AM - 1:30 PM. The American Enterprise Institute (AEI) will host an event titled "How Well Does U.S. Government Broadcasting Work in the Middle East?" There will be two panel discussions, titled "The Role of Broadcasting in Public Diplomacy" and "How Do We Measure Success?". Then, Rep. Frank Wolf (R-VA), the Chairman of the House Appropriations Committee's Subcommittee on Commerce, Justice, State and the Judiciary will deliver the luncheon keynote address. See, notice and registration page. Location: AEI, 12th floor, 1150 17th St., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Cable Practice and Legislative Committees will host a brown bag lunch. The speakers will be Neil Fried (Majority Counsel for the House Commerce Committee's Subcommittee on Telecommunications and the Internet), and Gregg Rothschild (Minority Counsel for House Commerce Committee). For more information, contact Cathy Bohigian (Legal Advisor to FCC Commissioner Kevin Martin) at catherine.bohigian@fcc.gov. RSVP to Wendy Parish at wendy@fcba.org. Location: Willkie Farr & Gallagher, 1875 K Street, NW.

Day one of a two day convention hosted by the Computer & Communications Industry Association (CCIA) titled "Washington Caucus". Prices vary. See, registration page. Location: St. Regis Hotel.

9:00 AM - 3:00 PM. The National Institute of Standards and Technology's (NIST) Advanced Technology Program Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, April 26, 2004, Vol. 69, No. 80, at Pages 22487 - 22488.

10:00 AM. The Senate Judiciary Committee will hold a hearing on S 2013, the "Satellite Home Viewer Extension Act of 2004", a bill to amend 17 U.S.C. § 119. Location: Room 226, Dirksen Building.

10:00 AM. The House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing on HR 107, the "Digital Media Consumers' Rights Act of 2003". Rep. Rick Boucher (D-VA) and Rep. John Doolittle (R-CA) introduced this bill on January 7, 2003, and an earlier version, HR 5544 (107th Congress), in late 2002. It would roll back the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) by creating fair use exceptions to the bans on circumvention of technological measures to protect copyrighted works, and by providing an exception for scientific research into technological protection measures. See, story titled "Reps. Boucher and Doolittle Introduce Digital Fair Use Bill" in TLJ Daily E-Mail Alert No. 582, January 14, 2003, and stories titled "Reps. Boucher and Doolittle Introduce Digital Media Consumer Rights Act" and "Summary of the Digital Media Consumer Rights Act" in TLJ Daily E-Mail Alert No. 532, October 4, 2002. See, notice. Press contact: Samantha Jordan (Barton) at 202 225-5735 or Paul Flusche (Stearns) at 202 225-5744. Location: Room 2132, Rayburn Building.

12:00 NOON -1:30 PM. The Progress and Freedom Foundation (PFF) will host a lunch. John Chen, Ch/CEO of Sybase, will speak on economic growth and competitiveness, outsourcing, and the future of innovative wireless technologies. Blair Levin of Legg Mason will also speak. See, notice. Location: J.W. Marriott Hotel, Salon G, 1331 Pennsylvania Ave., NW.

1:30 - 3:30 PM. The WRC-07 Advisory Committee's Informal Working Group 2: Satellite Service and HAPS will meet. Location: Leventhal Senter & Lerman.

1:30 - 3:30 PM. The WRC-07 Advisory Committee's Informal Working Group 4: Broadcasting and Amateur Issues will meet. Location: Shaw Pittman.

2:00 PM. The House Financial Services Committee's Subcommittee on Capital Markets will meet to mark up HR 3574, the "Stock Option Accounting Reform Act". Location: Room 2128, Rayburn Building.

2:00 PM. The House Government Reform Committee's Subcommittee on Technology, Information Policy, Intergovernmental Relations and the Census will hold a hearing titled "The Science of Voting Machine Technology: Accuracy, Reliability, and Security". For more information, contact Juliana French at 202 225-6751. Location: Room 2247, Rayburn Building.

Day two of a two day convention hosted by the Computer & Communications Industry Association (CCIA) titled "Washington Caucus". Prices vary. See, registration page. Location: St. Regis Hotel.

8:45 AM - 1:45 PM. The AEI-Brookings Joint Center will host an event titled "Regulating Wireless: How Much and By Whom?" At 9:10 AM there will be a panel discussion titled "Should the States Regulate Wireless Services?". The Speakers will be Anne Boyle (Nebraska Public Service Commission), Boyden Gray (Wilmer Cutler & Pickering), and Peter Passell (Milken Institute). At 10:40 AM there will be a panel discussion titled "How Should the FCC Resolve Competing Claims to Spectrum?" The speakers will be Gerald Faulhaber (University of Pennsylvania), Tom Hazlett (Manhattan Institute), Bryan Tramont (FCC), and Scott Walsten (AEI-Brookings). At 12:15 PM FCC Commissioner Kathleen Abernathy will give a luncheon address. See, notice and registration page. Location: AEI, 12th Floor, 1150 17th Street, NW.

9:30 AM - 12:00 NOON. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare for CITEL Steering Group Meetings. See, notice in the Federal Register, May 7, 2004, Vol. 69, No. 89, at Page 25654. Location: undisclosed.

10:30 AM - 12:30 PM. The House Science Committee will hold a hearing on HR 4218, the "High-Performance Computing Revitalization Act of 2004". The hearing will be webcast by the Committee. Location: Room 2318, Rayburn Building.

12:15 - 1:30 PM. The DC Bar Association's International Law Section and the Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch titled "International Trade Issues In Telecommunications Services". The speakers will be Jonathan McHale (Office of the U.S. Trade Representative), Kenneth Schagrin (Office of the USTR), Claire Blue (International Bureau, Federal Communications Commission), Laura Sherman, Troy Tanner (Swidler Berlin), and Lisa Choi (FCC International Bureau). Prices vary. See, notice. For more information, contact 202 626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H Street, NW.

9:00 AM - 10:30 AM. The American Enterprise Institute (AEI) will host an event titled "Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy". See, notice and registration page. Location: AEI, 12th floor, 1150 17th St., NW.

9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. The event will be webcast. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

9:00 - 10:30 AM. The Progressive Policy Institute (PPI) will host a lecture by Michael Mandel of Business Week magazine, regarding how technology advances drive economic growth. Robert Atkinson, Director of the PPI's Technology and New Economy Project, will moderate. Breakfast will be served. RSVP to 202 547-0001 or PPIEvents@dlcppi.org. Location: PPI, 600 Pennsylvania Ave., SE, Suite 400.

Day one of a three day conference hosted by American University titled "Critical Infrastructure Information" See, notice. American University, Ward Circle, intersection of Massachusetts and Nebraska Avenues, NW.

5/6. President Bush announced his intent to appoint Gary Forsee (Ch/CEO of Sprint) and William Swanson (Ch/CEO of Raytheon) to be Members of the President's National Security Telecommunications Advisory Committee. See, White House release.

5/6. Erica McMahon was named Associate Chief of the Federal Communications Commission's (FCC) Consumer & Governmental Affairs Bureau's Consumer Policy Division. She will oversee rulemakings and orders regarding the FCC's telemarketing and fax advertising rules. She joined the FCC in December of 2001. Before that, she worked for the Federal Election Commission (FEC). See, FCC release [PDF].

5/6. The Senate Judiciary Committee postponed its executive business meeting scheduled for Thursday, May 6. The agenda included two technology related bills: S 1933, the "Enhancing Federal Obscemity Reporting and Copyright Enforcement (ENFORCE) Act of 2003", and S 1635, the "L-1 Visa (Intracompany Transferee) Reform Act of 2003". The Committee has not yet rescheduled this meeting. However, Thursday mornings are the usual time.