4/1. The Senate Judiciary Committee (SJC) announced that it will hold a series of hearings on the USA PATRIOT Act, beginning on Tuesday, April 5. The House Judiciary Committee (HJC) announced that it will hold the first of a series of hearings on Wednesday, April 6.

The SJC will hold a hearing titled "Oversight of the USA PATRIOT Act" on April 5 at 9:30 AM. This hearing will be open to the public. It will be in Room 216 of the Hart Building, rather than the SJC's hearing room, which is much smaller.

The SJC also announced that it will hold "a classified briefing where Senators will be briefed on the Department of Justice's practical use of certain PATRIOT Act provisions, such as Section 206, which authorizes the limited use of ``roving wiretaps.΄΄"

Finally, the SJC will a third hearing in "early May" that will "allow for scholars and critics of the PATRIOT Act to weigh in on the delicate balance between protecting civil liberties and protecting America from future acts of terrorism."

The HJC's first hearing will be at 1:00 PM on April 6 in Room 2141 of the Rayburn Building, which is the HJC's regular hearing room. The witness at this first hearing will be Attorney General Alberto Gonzales. The HJC, and its subcommittees, will hold a series of eight hearings in the months of April and May.

Rep. James Sensenbrenner (R-WI), the Chairman of the HJC, stated in a release announcing these hearings that "Consideration of reauthorization of the PATRIOT Act represents one of the most important tasks Congress faces this year. Lawmakers will focus a keen eye on all aspects of this law and how it has been implemented. What improvements, if any, are needed? Does the PATRIOT Act deserve to be made permanent? These are a few of the questions that will be asked."

The HJC release singled out the following issues:
 • Terrorism Plans Disrupted
 • The “Wall”
 • Information Sharing
 • Access to Business Records
 • Material Support of Terrorism
 • Wiretap Authorities

The USA PATRIOT Act is an acronym for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001". It was enacted quickly after the terrorist attacks of September 11, 2001 by the 107th Congress as HR 3162. It became Public Law 107-56 on October 26, 2001.

While the PATRIOT Act is a huge bill that addresses a wide range of issues, there are sixteen sections of Title II, which cover electronic surveillance and information technology, that are set to sunset on December 31, 2005. These sections of the PATRIOT Act modified numerous sections of the criminal code, which is codified at Title 18, and the Foreign Intelligence Surveillance Act (FISA), which is codified at 50 U.S.C. § 1861, et seq.

The sections of Title II that are scheduled to sunset are as follows:

  § 201 pertaining to "Authority to intercept wire, oral, and electronic communications relating to terrorism"
  § 202 pertaining to "Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses"
  § 203(b) pertaining to "Authority to share electronic, wire and oral interception information" of criminal investigations
  § 203(d) pertaining to sharing "Foreign intelligence information"
  § 204 pertaining to "Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communication"
  § 206 pertaining to "Roving surveillance authority under the FISA"
  § 207 pertaining to "Duration of FISA surveillance of non-United States persons who are agents of a foreign power"
  § 209 pertaining to "Seizure of voice-mail messages pursuant to warrants"
  § 212 pertaining to "Emergency disclosure of electronic communications to protect life and limb"
  § 214 pertaining to "Pen register and trap and trace authority under FISA"
  § 215 pertaining to "Access to records and other items under the FISA"
  § 217 pertaining to "Interception of computer trespasser communications"
  § 218 pertaining to "Foreign intelligence information"
  § 220 pertaining to "Nationwide service of search warrants for electronic evidence"
  § 223 pertaining to "Civil liability for certain unauthorized disclosures"
  § 225 pertaining to "Immunity for compliance with FISA wiretap".

President Bush wants to extend all of the sunsetting provisions. See, story titled "Bush Seeks Extension of Sunsetting Provisions of the PATRIOT Act" in TLJ Daily E-Mail Alert No. 1,077, February 15, 2005.

There are also several sections of Title II of the PATRIOT Act that are not scheduled to sunset, but that some legislators would like to eliminate, such as § 213 pertaining to delayed notification of search warrants. Critics often refer to this as "sneak and peak" authority. There have also been proposals to sunset § 216, pertaining to "Modification of authorities relating to use of pen register and trap and trace devices".

§ 216 expanded the concept of pen register and trap and trace devices (PR&TTD) to online communications. PR&TTD are telephone industry concepts. Pen registers are used to obtain outgoing phone numbers. Trap and trace devices are used to obtain incoming numbers. Before enactment of the PATRIOT Act, the relevant statute referenced "wire" communications.

The PATRIOT Act provides that the concept of a pen register is expanded from merely capturing phone numbers, to capturing routing and addressing information in any electronic communications, including internet communications. It similarly expands the concept of trap and trace devices. That is, § 216 relates to e-mail surveillance. The Act also provides that a single order shall apply nationwide.

Section 206. The SJC will hold a closed hearing on § 206. This section of the PATRIOT Act, pertaining to "Roving surveillance authority under the FISA", amended 50 U.S.C. § 1805. § 206 provides in full that "Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting `, or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons,' after `specified person'." § 206 is scheduled to sunset.

Several Senators, including Sen. Patrick Leahy (D-VT) and Sen. Larry Craig (R-ID), have proposed to allow this provision to sunset. See, story titled "Sen. Leahy Introduces Bill to Expand List of Surveillance Provisions of PATRIOT Act to Be Sunsetted" in TLJ Daily E-Mail Alert 757, October 14, 2003; and story titled "Senators Craig and Durbin Introduce Bill to Modify PATRIOT Act" in TLJ Daily E-Mail Alert No. 753, October 6, 2003.

Critics of roving wiretap authority state that it does not specify the target of the wiretap or the place to be wiretapped, and that this increases the likelihood that the conversations of innocent people will be intercepted.

Section 215. The HJC release identifies this section as one subject for its hearings. § 215 pertaining to "Access to records and other items under the FISA". There was a long dispute over this section, primarily former Attorney General John Ashcroft and the American Library Association (ALA).

The Foreign Intelligence Surveillance Act (FISA) only applies to foreign powers, and agents of foreign powers, including international terrorists. § 501 of the FISA enables the FBI to obtain from a judge or magistrate an order requiring the production business records. While the statute does not expressly include library records, it is not disputed that library records could be obtained. Although, Attorney General John Ashcroft stated in September of 2003 that it has not been used to obtain library records.

§ 215 rewrote § 501 of the Foreign Intelligence Surveillance Act (FISA), which is codified in Title 50 as § 1861. It pertains to "Access to Certain Business Records for Foreign Intelligence and International Terrorism Investigations". § 215 (of the PATRIOT Act) replaced §§ 501-503 (of the FISA) with new language designated as §§ 501 and 502.

Currently, § 501 (as amended by § 215) requires that an application to a judge or magistrate "shall specify that the records concerned are sought for an authorized investigation conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities." Allowing § 215 to sunset, or passing a bill such as Sen. Craig's, would raise the standards for obtaining a FISA order for business records.

See also, stories titled "Ashcroft Says American Library Association Attacks on PATRIOT Act Are Hysteria and Hyperbole" in TLJ Daily E-Mail Alert No. 740, September 16, 2003; "Ashcroft and Critics Continue Debate Over Section 215 Access to Business Records" in TLJ Daily E-Mail Alert No. 745, September 24, 2003; "Ashcroft Addresses Roving Wiretaps and Access to Business Records" in TLJ Daily E-Mail Alert No. 746, September 25, 2003; and "Ashcroft Defends PATRIOT Act in Speech" in TLJ Daily E-Mail Alert No. 781, November 18, 2003.

4/1. President Bush announced his intent to nominate Ben Bernanke to be a Member of the President's Council of Economic Advisers. Bush added that upon confirmation, he will designate him as Chairman. Bernanke is currently a member of the Federal Reserve System's Board of Governors. See, White House release.

Bernanke (at right) is also an economics professor at Princeton University. See, Bernanke's Princeton web page.

Bernanke has spoken in recent years about technology related economic issues.

For example, on November 6, 2003 he gave a speech at Carnegie Mellon University in Pittsburgh, Pennsylvania, titled "The Jobless Recovery". See also, story titled "FRB Governor Says Info Tech Is One Reason for Jobless Recovery" in TLJ Daily E-Mail Alert No. 774, November 7, 2003.

Also, on March 30, 2004, FRB Governor  gave a speech titled "Trade and Jobs" at Duke University in Durham, North Carolina. See also, story titled "FRB Governors Offer Economic Analyses of Offshoring and Free Trade" in TLJ Daily E-Mail Alert No. 877, April 15, 2004.

He is also the co-author of a book titled "Macroeconomics" [Amazon].

4/1. President Bush gave a recess appointment to Michael Wynne to be Under Secretary of Defense (USD) for Acquisition, Technology and Logistics (ATL). This office oversees, among other things, the Defense Advanced Research Projects Agency (DARPA), which is involved in numerous information technology related projects.

In 2001, Bush nominated Wynne (at right), and the Senate confirmed him, to be Principal Deputy Under Secretary of Defense for ATL. He still holds that position; he is also the acting USD for ATL. Bush nominated Wynne to be USD for ATL in September of 2003, but the Senate did not confirm him. He was previously a long time employee of General Dynamics. See, White House release.

In addition, President Bush announced his intent to nominate Kenneth Krieg to be USD ATL. He is currently Director for Program Analysis and Evaluation in the Office of the Secretary of Defense. He previously worked for International Paper. See, White House release.

For an overview of DARPA current activities, see prepared testimony [PDF] of Tony Tether, Director of the DARPA, at a March 10, 2005, hearing of the House Armed Services Committee's (HASC) Subcommittee on Terrorism, Unconventional Threats and Capabilities.

4/1. President Bush announced his intent to nominate David Sampson to be Deputy Secretary of Commerce. Sampson is currently Assistant Secretary of Commerce for Economic Development. He was previously P/CEO of the Arlington Chamber of Commerce. Arlington lies between Dallas and Ft. Worth in the state of Texas. It is home to the Texas Rangers baseball team. It is represented by Rep. Joe Barton (R-TX), the Chairman of the House Commerce Committee. See, White House release.

4/1. President Bush announced his intent to designate Rhonda Keenum acting Under Secretary of Commerce for International Trade. See, White House release.

4/1. Meyer Eisenberg was named acting Director of the Securities and Exchange Commission's (SEC) Division of Investment Management. He has been Deputy General Counsel of the SEC since 1998. See, SEC release.

3/30. Scott Friestad was named Associate Director of the Securities and Exchange Commission's (SEC) Division of Enforcement. He has worked at the SEC since 1995. See, SEC release.

3/29. Cheryl Linthicum, Mark Taylor and Teri Yohn were named Academic Accounting Fellows in the Securities and Exchange Commission's (SEC) Office of the Chief Accountant. Linthicum is a professor of accounting at the University of Texas at San Antonio. Taylor is a professor of accounting at Creighton University in Omaha, Nebraska. Teri Yohn is a professor at Georgetown University. See, SEC release.

4/1. Phillip Swagel became a Resident Scholar at the American Enterprise Institute (AEI). He was previously Chief of Staff at the White House Council of Economic Advisers.

3/31. Elizabeth Schimel was named SVP of content development for Comcast's Online division. See, Comcast release.

3/31. Gary Kunis was named Chief Technology Officer of Nortel Networks. Also, Brian McFadden was named Chief Research Officer. See, Nortel release.

3/28. The Voice Over IP Security Alliance announced in a release that it elected its Board of Directors for 2005-2006. The positions, persons, and employers are as follows.
 • Chairman, David Endler, TippingPoint.
 • Secretary, Jonathan Zar, Sonicwall.
 • Treasurer, Anne Coulombe, Enterasys Networks.
 • Best Practices Committee Chair, Jeffrey Stutzman, PriceWaterhouseCoopers.
 • Security Requirements Committee Chair, Andrew Graydon, Borderware.
 • Security Research Committee Chair, Ofir Arkin, Insightix.
 • Testing Committee Chair, Brian Tolly, Spirent Communications.

The House will not meet. It will return from its Spring recess at 2:00 PM on Tuesday, April 5. See, House calendar.

The Senate will return from its Spring recess. See, Senate calendar.

The Supreme Court will begin a recess. It will return on Monday, April 18. See, Order List [12 pages in PDF] at page 12.

The American Bar Association's Section on Public Utility, Communications and Transportation Law will host a one day conference. At 10:45 AM there will be a panel titled "Voice Over Internet: Molding a Regulatory Structure from Legacy Regulations". The scheduled speakers include William Wilhelm (counsel for Vonage), Chris Libertelli, and Keith Epstein (SBC). At 3:15 PM Sen. Larry Craig (R-ID) is scheduled to speak. See, agenda [PDF]. Location: PEPCO Holdings Conference Center, 701 9th Street, NW.

10:00 AM - 12:00 NOON. The American Enterprise Institute will host a panel discussion titled "The Revitalization of the U.S.-Japan Alliance: An American, Japanese, Chinese, and Australian Perspective". The speakers will be Nobukatsu Kanehara (Embassy of Japan), Andrew Shearer (Embassy of Australia), Lanxin Xiang (Graduate Institute of International Studies, Geneva), Balbina Hwang (Heritage Foundation), and Dan Blumenthal (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

11:00 AM - 12:00 NOON. The Advisory Committee for the 2007 World Radiocommunication Conference will meet. Location: FCC, Room TW-C305 (Commission Meeting Room), 445 12th St., SW.

6:30 - 8:00 PM. The National Press Club's (NPC) High Tech Committee will host a panel discussion titled "Voice over Internet Protocol: Leading the Charge for Change in the Voice Services Market". The speakers will be Jeffrey Citron (Vonage), David Young (Verizon), Ed Cameron (Rural Utilities Service), Andrew Kreig (Wireless Communications Association International), Eric Schwartz (BellSouth), Julie Rones (NPC). The price to attend is $5. It is free for NPC members. Location: Holeman Lounge, NPC, 529 14th St., NW, 13th Floor.

The House will return from its Spring Recess. It will meet at 2:00 PM for legislative business. It will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Republican Whip Notice.

LOCATION CHANGE. 9:30 AM. The Senate Judiciary Committee will hold a hearing titled "Oversight of the USA PATRIOT Act". Sen. Arlen Specter (R-PA) will preside. See, notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 216, Hart Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in VM Tech v. Compaq Computer, No. 04-1436. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM - 12:00 NOON. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare for the Organization of American States' (OAS) Inter-American Telecommunication Commission's (CITEL) Permanent Consultative Committee II meeting in Guatemala to be held in April 2005. See, notice in the Federal Register, December 30, 2004, Vol. 69, No. 250, at Pages 78515-78516. For more information, including the location, contact Cecily Holiday at holidaycc@state.gov or Anne Jillson at jillsonad@state.gov. Location: undisclosed.

12:30 - 2:00 PM. The DC Bar Association will host a panel discussion titled "Regulating Computer and Telecommunications Exports to China". The scheduled speakers are Matthew Borman (Deputy Assistant Secretary of Commerce for Export Administration), James Lewis (Center for Strategic and International Studies), Vera Murray (Director of Export Regulation at IBM), Maggie Hershey (Semiconductor Equipment and Materials International), and Barry Hurewitz (Wilmer Cutler). See, notice. Prices vary from $10 to $30. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Legal Beat: How to Use Music Legally in a Business". The scheduled speaker is Joy Butler (Sashay Communications). See, notice. Prices vary from $70 to $124. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

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

The Department of Homeland Security's (DHS) Data Privacy and Integrity Advisory Committee will hold a day long meeting. Nuala Kelly (DHS Chief Privacy Officer) will speak at 8:30 AM. The other speakers include Assistant Secretary Parney Albright, Acting Under Secretary Randy Beardsworth, Acting Under Secretary Matthew Broderick, Under Secretary Michael Brown, and Under Secretary Janet Hale. Location: Colonial Room, Mayflower Hotel, 1127 Connecticut Ave., NW.

9:00 AM - 1:00 PM. The Department of Commerce (DOC) will host a half day workshop on radio frequency identification (RFID) technology. See, DOC notice [PDF]. Location: DOC, 1401 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Network Commerce v. Microsoft, No. 04-1445. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Hynix Semiconductor v. U.S., No. 04-1417. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in In Re Steelbuilding.com, No. 04-1447. This is an appeal from the U.S. Patent and Trademark Office's (USPTO) Trademark Trial and Appeal Board 's (TTAB) disposition [28 pages in PDF] affirming the denial of an application to register the mark Steelbuilders.com. The TTAB held that it "is merely descriptive and generic for the services recited in the application and that applicant has not demonstrated that it has acquired distinctiveness". Location: Courtroom 203, 717 Madison Place, NW.

1:00 PM. The House Judiciary Committee will hold a hearing on the USA PATRIOT Act. The witness will be Attorney General Alberto Gonzales. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

1:30 PM. The House International Relations Committee' Subcommittee on the Western Hemisphere will hold a hearing titled "China's Influence in the Western Hemisphere". See, notice. Location: Room 2172, Rayburn Building. 

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

9:30 AM. The House International Relations Committee will hold a hearing titled "Defense Trade: Arms Export Controls in the Post- 9/11 Security Environment". Location: Room 2172, Rayburn Building. 

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. The agenda includes consideration of several non-technology related bills, and consideration of several judicial nominees, including Terrence Boyle (to be a Judge of the U.S. Court of Appeals for the 4th Circuit), Priscilla Owen (5th Circuit), Robert Conrad (Western District of North Carolina), James Dever (Eastern District of North Carolina), and Thomas Griffith (District of Columbia Circuit). All of these nominees have been listed on past agendas. See, notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

10:00 AM. The House Government Reform Committee will hold a hearing on the Federal Information Security Management Act. Location: Room 2154, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in AT&T v. Microsoft, No. 04-1285. This is an appeal from the U.S. District Court (SDNY) in a patent infringement case. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 1:30 PM. The DC Bar Association will host a panel discussion titled "Current Topics in Patent Law: The CREATE ACT and the Impact on the Patent Practice". The scheduled speakers are Stephen Maebius (Foley & Lardner), Jeffrey Kushan (Sidley Austin), and Stephen Belisle (Fitzpatrick Cella Harper & Scinto). See, notice. Prices vary from $10 to $30. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

12:15 - 2:00 PM. The Forum on Technology and Innovation will host a panel discussion titled "The Future of U.S. Manufacturing - Does Making Anything Matter in the 21st Century". See, notice and registration pages. Lunch will be served. Location: Reserve Officers Association, 5th floor, One Constitution Ave., NE.

2:30 PM. The Senate Judiciary Committee's Subcommittee on Intellectual Property will hold a hearing titled "The Patent System Today and Tomorrow". Sen. Orrin Hatch (R-UT) will preside. See, notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Program Suppliers v. Librarian of Congress, No. 04-1070. Judges Sentelle, Randolph and Tatel will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Korszun v. Public Technologies Multimedia, No. 04-1504. This is an appeal from the U.S. District Court (DConn) in a software patent case. Location: Courtroom 402, 717 Madison Place, NW.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a panel discussion titled "The Indecency Debate: Should Congress Extend Broadcast Rules to Other Media?". The speakers will include Adam Thierer (PFF), Marsha MacBride (National Association of Broadcasters), Jill Luckett (National Cable Telecommunications Association). See, notice and registration pages. Location: Room B389, Rayburn Building, Capitol Hill.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) [460 pages in PDF] in its proceeding titled "In the Matter of: Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004 Implementation of Section 340 of the Communications Act". See also, FCC release [PDF]. This NPRM is FCC 05-24 in MB Docket No. 05-49. The FCC adopted this NPRM on February 4, 2005, and released it on February 7, 2005. See, story titled "FCC Releases SHVERA NPRM Regarding Significantly Viewed Signals" in TLJ Daily E-Mail Alert No. 1,073, February 9, 2005.

Deadline to submit initial comments to the Federal Communications Commission (FCC) to assist it in preparing its annual report to the Congress regarding progress made to achieve the objectives and carry out the purposes and provisions of Open-Market Reorganization for the Betterment of International Telecommunications Act (ORBIT Act). See, FCC notice [PDF]. This proceeding is IB Docket No. 04-158.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Northpoint Technologies v. FCC, No. 02-1194. Judges Sentelle, Rogers and Tatel will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Must Carry/Retrans Consent". Location: Dow Lohnes & Albertson, 1200 New Hampshire Ave., NW.

Deadline to submit to the Federal Communications Commission (FCC) oppositions to petitions to deny Nextel's and Sprint's joint applications for FCC approval of the transfer of control to Sprint of the licenses and authorizations held both by Nextel. That is, this is a merger review proceeding. See, FCC Public Notice [7 pages in PDF], No. DA 05-502, in WT Docket No. 05-63. On December 15, 2004, the two companies announced a "definitive agreement for a merger of equals". See, Nextel release and release.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to BellSouth's petition for pricing flexibility for switched access services. See, FCC Public Notice DA 05-740 in WC Docket No. 05-148.

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