5/5. The House approved HR 1268, the "Emergency Supplemental Appropriations Act for Defense, The Global War on Terror, and Tsunami Relief, 2005". This conference report includes HR 418, the "REAL ID Act of 2005". The Senate has not yet approved the bill.

Title II of the REAL ID Act is titled "Improved Security for Driver's Licenses and Personal Identification Cards". Title II sets minimum standards that states must follow for issuing a driver's license or identification card to an individual. The bill also sets minimum standards for what information must be included on drivers' licenses and identification cards. Finally, the bill provides that states "shall participate in the interstate compact regarding sharing of driver license data, known as the `Driver License Agreement´, in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States". This conference report is House Report No. 109-72.

Rep. James Sensenbrenner (R-WI), the Chairman of the House Judiciary Committee, and the sponsor of the REAL ID Act, stated during floor debate that "These provisions will hamper the ability of terrorist and criminal aliens to move freely throughout our society by requiring that all states require proof of lawful presence in the U.S. for their drivers' licenses to be accepted as identification for federal purposes such as boarding a commercial airplane, entering a federal building, or a nuclear power plant."

The Electronic Privacy Information Center (EPIC) opposes the REAL ID Act. It stated after the House vote that the bill "would mandate federal identification standards and require state DMVs to collect sensitive personal information" at the same time that "the states motor vehicle agencies have become the target of identity thieves. In recent months three state DMVs have been penetrated by identity thieves. In March, burglars rammed a vehicle through a back wall at a DMV near Las Vegas and drove off with files, including Social Security numbers, on about 9,000 people. Last week Florida police arrested 52 people, including 3 DMV examiners, in a scheme that sold more than 2,000 fake driver's licenses. Two weeks ago Maryland police arrested three people, including a DMW worker, in a plot to sell about 150 fake licenses."

The American Civil Liberties Union (ACLU) stated in a release that the REAL ID Act "sets the stage for a national ID". It added that "The federalization of drivers' licenses, and the culling of all information into massive databases, creates a system ripe for identity theft. New standards could place our most private information - including photographs, address and social security numbers -- into the hands of identity thieves."

The House approved this conference report on a roll call vote of 368-58. See, Roll Call No. 161. However, the House narrowly defeated a motion to recommit on a roll call vote of 201-225. It was an almost straight party line vote. See, Roll Call No. 160.

4/28. Sen. Frank Lautenberg (D-NJ), and six other Democratic Senators, introduced S 967, the "Truth in Broadcasting Act of 2005", a bill to further regulate "prepackaged news stories" produced by federal agencies.

The bill would add a new Section 342 to the Communications Act, which is codified as Title 47. It would provide, in part, that "Any prepackaged news story produced by or on behalf of a Federal agency that is broadcast or distributed by a network organization, broadcast licensee or permittee, or multichannel video programming distributor in the United States shall contain an announcement supplied by the Federal agency within the prepackaged news story that conspicuously identifies the United States Government as the source for the prepackaged news story."

Currently, 47 U.S.C. § 317 pertains to "Announcement of payment for broadcast", while 47 U.S.C. § 508 pertains to "Disclosure of payments to individuals connected with broadcasts". S 967 would cover federal agency prepackaged news stories in the absence of payments.

The bill was referred to the Senate Commerce Committee, which has scheduled a hearing on the bill for Thursday, May 12, at 10:00 AM.

In addition, on February 17, 2005, the Government Accountability Office (GAO) wrote a memorandum [3 pages in PDF] to the heads of executive branch departments and agencies. This memorandum describes practices related to prepackaged news stories and video news releases. It states that "Prepackaged news stories are complete, audio-video presentations that may be included in video news releases, or VNRs. They are intended to be indistinguishable from news segments broadcast to the public by independent television news organizations. To help accomplish this goal, these stories include actors or others hired to portray "reporters" and may be accompanied by suggested scripts that television news anchors can use to introduce the story during the broadcast. These practices allow prepackaged news stories to be broadcast, without alteration, as television news."

The GAO memorandum also instructs executive branch officials that "While agencies generally have the right to disseminate information about their policies and activities, agencies may not use appropriated funds to produce or distribute prepackaged news stories intended to be viewed by television audiences that conceal or do not clearly identify for the television viewing audience that the agency was the source of those materials." It asserts as authority appropriations legislation.

The GAO is an arm of the Congress. It has no authority to instruct executive branch officials.

Also, on April 13, 2005, the Federal Communications Commission (FCC) released a document [10 pages in PDF] titled "Public Notice" that it has received communications regarding video news releases (VNRs). It further states that it has authority, pursuant to 47 U.S.C. §§ 317 and 508 and 47 C.F.R. §§ 73.1212 and 76.1615, to instruct its licensees and operators that "whenever broadcast stations and cable operators air VNRs, licensees and operators generally must clearly disclose to members of their audiences the nature, source and sponsorship of the material that they are viewing."

The FCC notice further warns that "We will take appropriate enforcement action against entities that do not comply with these rules".

Finally, the FCC notice requests public comments. It states that " we seek comment on the ways in which VNRs are used in programming, and on which practices are the most common. For example, we also seek comment on whether the entities producing or providing VNRs, including the government, pay broadcast licensees and cable operators to air VNRs, or whether the VNRs are provided free of charge, without separate payment or consideration. Are mechanisms in place to ensure that broadcast licensees and cable operators receive notice regarding the payment of consideration from all individuals and entities that are involved in the production and provision of VNRs? Are mechanisms in place to ensure that broadcast licensees and cable operators receive notice regarding the identity of entities providing programming involving political material or the discussion of controversial issues of public importance? Do broadcast licensees and cable operators receive VNRs as part of an overall news service, which may be provided under contract or on a subscription basis? If so, should this affect the applicability of our sponsorship identification rules? Finally, we seek comment on whether there are alternative or better means of ensuring proper disclosure concerning VNRs in addition to those prescribed by the existing rules."

Initial comments are due by June 22, 2005. Reply comments are due by July 22, 2005. This notice is FCC 05-84 in MB Docket No. 05-171.

5/5. The Federal Communications Commission (FCC) released a Memorandum Opinion and Order [12 pages in PDF] in its proceeding titled "In the Matter of Petition of SBC Communications Inc. for Forbearance from the Application of Title II Common Carrier Regulation to IP Platform Services". This MOO denies the petition on procedural grounds.

The MOO states that "On February 5, 2004, SBC filed its petition seeking forbearance from Title II common carrier regulation applicable to ``IP Platform Services,´´ which SBC defines as ``those services that enable any customer to send or receive communications in IP format over an IP platform, and the IP platforms on which those services are provided.´´"

The MOO denies the petition. The MOO explains that "We find that it would be inappropriate to grant SBC’s petition because it asks us to forbear from requirements that may not even apply to the facilities and services in question. We also find that SBC’s petition and the evidence proffered is not sufficiently specific to enable us to determine whether the requested forbearance satisfies the requirements of section 10" of the Communications Act, which pertains to forebearance.

FCC Chairman Kevin Martin wrote in a separate statement that "Although, by today's action, we deny SBC’s forbearance petition on procedural grounds, I believe that the issues presented by this petition are important ones that require the Commission’s attention. In the instant item, the Commission concluded that we were unable to forbear from Title II requirements that “may or may not” apply to IP platform services. As I have said on many occasions, and reiterate now as Chairman, investment in broadband facilities, such as the IP platforms at issue here, is critical to providing American consumers with 21st century advanced services."

FCC Commissioners Jonathan Adelstein and Michael Copps wrote in a joint statement that "The petition in the instant proceeding procedurally misses the mark. It falls short of defining the specific services for which relief is sought, the statutory and regulatory provisions at issue, the carriers to which this relief applies and the geographic markets where this relief is directed."

This MOO is FCC 05-95 in WC Docket No. 04-29.

5/4. The House Republican Hi-Tech Working Group held a news conference to announce its agenda for 109th Congress.

See, release of Rep. Bob Goodlatte (R-VA), which lists the items on the agenda. It includes permanently extending the research and development tax credit, reducing trade barriers, and supporting the Central American Free Trade Agreement (CAFTA).

It includes "ensuring employee stock ownership remains viable", but does not address legislation regarding the mandatory expensing of stock options.

It includes unspecified "patent reform", and promoting and enforcing "strong copyright and patent protection laws to prevent and combat the growing trend of digital piracy".

It also states, "prepare and develop workers for an information economy by supporting education reforms and funding that improve American’s math and science programs in order to fill high-tech jobs". It does not address H1B visas.

It also states that the Working Group "will continue to work to update the Telecommunications Act to reflect the changes in technology and competition that may have been driven by the Internet".

It also states this: "Spyware and Phishing -- We will work to ensure that innovation is not stifled and consumer confidence is not threatened by bad actors, but that the Internet remains a safe and secure place for electronic commerce to take place."

See also, statement by Speaker Denny Hastert (R-IL).

The House will not meet.

The Senate will not meet. See, Senate calendar.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Preston Small v. FCC, No. 04-1056. Judges Edwards, Henderson and Tatel will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 - 11:00 AM. The Progressive Policy Institute (PPI) will host a book forum titled "Can American Compete with Asia?". Kent Hughes will discuss his book, Building the Next American Century: The Past and Future of American Economic Competitiveness [Amazon]. Robert Atkinson, Director of the PPI's Technology and New Economy Project, will comment. For more information, contact Kyra Jennings or Austin Bonner at 202 547-0001. Location: 600 Pennsylvania Ave., SE, Suite 400.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Datamize v. Plumtree Software, No. 04-1564. This is patent case involving internet portal technology. Location: Courtroom 203, 717 Madison Place, NW.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a brown bag lunch titled "Hot Property: The Threat of Intellectual Property Theft to our Economy and Safety". The speakers will be Pat Choate, author of Hot Property: The Stealing of Ideas in an Age of Globalization [Amazon], and Barry Lynn (NAF). RSVP to Jennifer Buntman at 202 986-4901 or buntman at newamerica dot net. See, notice. Location: NAF, 1630 Connecticut Ave, 7th Floor.

Day two of a two day conference hosted by the Computer Law Association (CLA) titled "CLA World Computer and Internet Law Conference". See, conference brochure [PDF]. Location: Park Hyatt Hotel, 24th at M St. NW.

Mothers Day.

The House will meet at 12:00 NOON.

5:00 PM. Deadline to submit reply comments to the Copyright Office (CO) in response to its notice of inquiry (NOI) regarding orphan works -- copyrighted works whose owners are difficult or impossible to locate. The CO stated in a notice in the Federal Register that it seeks public comments on "whether there are compelling concerns raised by orphan works that merit a legislative, regulatory or other solution, and what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and right holders." See, Federal Register, January 26, 2005, Vol. 70, No. 16, at Pages 3739 - 3743.

Deadline to submit to the Federal Communications Commission (FCC) initial comments and petitions to deny in its antitrust merger review proceeding (transfer of control of licenses) associated with the acquisition of MCI by Verizon. See, FCC Public Notice DA 05-762 in WC Docket No. 05-75.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding implementation of Section 207 of the Satellite Home Viewer Extension and Reauthorization Act of 2004, extends Section 325(b)(3)(C) of the Communications Act until 2010 and amends that section to impose reciprocal good faith retransmission consent bargaining obligations on multichannel video programming distributors. This proceeding is MB Docket No. 05-89. See, FCC Public Notice DA 05-772, and notice in the Federal Register, March 24, 2005, Vol. 70, No. 56, at Pages 15048 - 15051. See also, story titled "FCC Adopts and Releases NPRM Implementing § 207 of SHVERA" in TLJ Daily E-Mail Alert No. 1,090, March 8, 2005.

9:30 AM. The Senate Judiciary Committee (SJC) has scheduled a hearing regarding implementation of the USA PATRIOT Act. The SJC frequently cancels meetings without 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 Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, and Homeland Security will hold the seventh of its oversight hearing on the implementation of the USA PATRIOT Act. This hearing is titled "Implementation of the USA PATRIOT Act: Prohibition of Material Support Under Sections 805 of the USA PATRIOT Act and 6603 of the Intelligence Reform and Terrorism Prevention Act of 2004". The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Identity Theft and Data Broker Services". Press contact: Melanie Alvord (Stevens) 202 224-8456 or Melanie_Alvord at commerce dot senate dot gov, or Andy Davis (Inouye) at 202 224-4546 or Andy_Davis at commerce dot senate dot gov. See, notice. The hearing will be webcast by the SCC. Location: Room 253, Russell Building.

10:00 AM - 12:00 NOON. The House Science Committee's Subcommittee the Environment, Technology, and Standards will hold a hearing titled "Europe, China, and the Use of Technical Standards as Trade Barriers: How should the U.S. Respond?" The witnesses will be Hratch Semerjian (acting Director of the National Institute of Standards and Technology), Don Deutsch (Oracle), David Karmol (American National Standards Institute), Robert Noth (Deere & Company), and Joe Bhatia (Underwriters Laboratory). The hearing will be webcast. Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing on spyware. Press contact: Melanie Alvord (Stevens) 202 224-8456 or Melanie_Alvord at commerce dot senate dot gov, or Andy Davis (Inouye) at 202 224-4546 or Andy_Davis at commerce dot senate dot gov. See, notice. The hearing will be webcast by the SCC. Location: Room 253, Russell Building.

11:00 AM. The Cato Institute will host a panel discussion titled "Does the World Trade Organization Serve America's Interests in the Global Economy?". The speakers will be Douglas Irwin (Dartmouth College), Grant Aldonas (recent Undersecretary of Commerce for International Trade), and Rep. Ron Paul (R-TX). See, notice. The event will be webcast by Cato. Lunch will follow the program. Location: Cato, 1000 Massachusetts Ave., NW.

RESCHEDULED FOR JUNE 22. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar on voice over internet protocol (VOIP).

Deadline to submit nominations for the Federal Communications Bar Association's (FCBA) Young Lawyer's Committee's (YLC) elections, to be held on May 18. All nominations must be e-mailed to Jason Friedrich or Pam Slipakoff by May 11. For more information, contact Jason Friedrich at jason dot friedrich at dbr dot com or 202 354-1340 or Pam Slipakoff at pamslip at yahoo dot com or 202 418-7705.

TIME? The House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property will hold its third hearing on the Committee Print of HR __ [52 pages in PDF], the "Patent Act of 2005". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

8:00 AM. The Federal Communications Bar Association (FCBA) will host a breakfast. The speaker will be Gary Shapiro, P/CEO of the Consumer Electronics Association (CEA). The price to attend varies from $30 to $55. See, registration form [MS Word]. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.

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

9:30 AM. The Senate Judiciary Committee (SJC) has scheduled an executive business meeting. The SJC frequently cancels meetings without 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 (DC) will hear oral argument in Christopher Shays v. FEC, No. 04-5352. Judges Edwards, Henderson and Tatel will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM - 12:00 NOON. The House Science Committee will hold a hearing titled "The Future of Computer Science Research in the U.S." The witnesses will be John Marburger (Director of the President's Office of Science and Technology Policy), Anthony Tether (Director of the Defense Advanced Research Projects Agency), William Wulf (President of the National Academy of Engineering), and Tom Leighton (Chief Scientist of Akamai Technologies). Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing on S 967 and issues related to the broadcast of prepacked news stories produced by government agencies. Press contact: Melanie Alvord (Stevens) 202 224-8456 or Melanie_Alvord at commerce dot senate dot gov, or Andy Davis (Inouye) at 202 224-4546 or Andy_Davis at commerce dot senate dot gov. See, notice. The hearing will be webcast by the SCC. Location: Room 253, Russell Building.

10:00 - 11:30 AM. The American Enterprise Institute (AEI) and the National Defense University (NDU) will host a panel discussion titled "Will Technology Be a Source of Chinese Influence in Asia?" The speakers will be Ernest Preeg (Manufacturers Alliance), Tai Ming Cheung (University of California San Diego), Will Martin (World Bank), Claude Barfield (AEI), and Phillip Saunders (NDU). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

10:15 AM. The American Enterprise Institute (AEI) will host a panel discussion titled "Antitrust Policy and Vertical Restraints". The speakers will include David Evans (LECG), Luke Froeb (FTC), and Michael Waldman (Cornell University). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

12:00 NOON. The National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) will hold a meeting. The agenda includes the role of NTIA in spectrum management, the IRAC process, and the FCC-NTIA interaction with respect to license applications, rulemaking proceedings, and spectrum management policy issues at the FCC. The speakers will be Fred Wentland (NTIA), Karl Nebbia (NTIA), Julius Knapp (FCC), and other FCC officials. The Federal Communications Bar Association (FCBA) states that this is an FCBA brown bag lunch, and that attendees should RSVP to Wendy Parish at wendy@fcba.org. Location: FCC, 7th Floor South Conference Room.

12:15 - 2:00 PM. The Forum on Technology and Innovation will host a luncheon titled "Future of U.S. Manufacturing". The speakers will be Mark Bamforth (Genzyme), Gary Heiman (Standard Textile), and Mark Mills (Digital Power Group). See, notice. Location: Room 902, Hart Building, Capitol Hill.

6:00 - 8:00 PM. Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Pam Slipakoff at pamslip at yahoo dot com. Location: Modern Brasserie, 555 8th Street, NW.

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

Contact: 202-364-8882.
P.O. Box 4851, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998 - 2005 David Carney, dba Tech Law Journal. All rights reserved.