7/13. The House Intelligence Committee (HIC) amended and approved HR 3199, the "USA PATRIOT and Intelligence Reform Reauthorization Act of 2005", by a voice vote. The HIC version of the bill would permanently extend 14 of the 16 sections of the PATRIOT Act that are scheduled to sunset at the end of this year.

The bill as introduced, also would make permanent two provisions of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) that are scheduled to sunset. However, the HIC approved an amendment offered by Rep. Alcee Hastings (D-FL) that extends the sunset on § 6001 of the IRTPA, the lone wolf provision, for five years.

The HIC also approved an amendment offered by Rep. Leonard Boswell (D-IA) that would amend 50 U.S.C. § 1805, to affect roving wiretap authority under the Foreign Intelligence Surveillance Act (FISA).

This amendment provides that "in cases where the facility or place at which surveillance will be directed is not known at the time the order is issued, the applicant shall notify a judge having jurisdiction under section 103 within a reasonable period of time, as determined by the court, after surveillance begins to be directed at a new facility or place, and that such notice shall contain a statement of the facts and circumstances relied upon by the applicant to justify the belief that the facility or place at which the electronic surveillance was directed is being used, or is about to be used, by the target of the electronic surveillance."

The HIC rejected three amendments on voice votes. First, the HIC rejected an amendment in the nature of a substitute offered by Rep. Jane Harman (D-CA). Second, the HIC rejected an amendment offered by Rep. C.A. Ruppersburger (D-MD) that would have provided for a further sunset for ten sections of the PATRIOT Act that fall within the jurisdiction of the HIC. Third, the HIC rejected an amendment offered by Rep. Anna Eshoo (D-CA) that would have created an exception to § 215 for libraries and booksellers.

The HIC also released Rep. Peter Hoekstra's (R-MI) opening statement [PDF].

The House Judiciary Committee, which also has jurisdiction over this bill, amended and approved this bill on July 13. See, stories titled "House Judiciary Committee Marks Up Bill to Extend Expiring Provisions of PATRIOT Act" and "Summary of Amendments to HR 3199 Approved by the House Judiciary Committee" in TLJ Daily E-Mail Alert No. 1,174, Thursday, July 14, 2005.

See also, stories titled "House Judiciary Committee to Mark Up Bill to Make Permanent the Sunsetted Provisions of the PATRIOT Act" and " Summary of HR 3199 IH" in TLJ Daily E-Mail Alert No. 1,172, July 12, 2005.

7/13. Sen. Arlen Specter (R-PA), Sen. Dianne Feinstein (D-CA), and Sen. Jon Kyl (R-AZ) introduced S 1389, the "USA PATRIOT Improvement and Reauthorization Act of 2005". This bill would permanently extend 14 of the 16 sections of the 2001 PATRIOT Act that are scheduled to sunset at the end of this year. The bill also adds new reporting requirements, procedural safeguards, and modifications of government powers under various provisions of the criminal code and the FISA that were amended by the PATRIOT Act.

This bill would sunset § 206 (regarding roving wiretaps) and § 215 (regarding access to business records, including library and bookseller records, under the FISA) in four years. The other fourteen sections of Title II of the PATRIOT Act that sunset on December 31, 2005, would be permanently extended.

This bill would also sunset the lone wolf provision of § 6601 of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) in four years. The bill would also repeal the sunset of material support provision of § 6603 of the IRTPA.

This bill would revise roving wiretap authority under the Foreign Intelligence Surveillance Act (FISA). Sen. Specter (at right) explained that "This makes it clear that, although such orders may ``rove´´ from one phone to another when the target changes devices, the Government cannot ``rove´´ from one investigative target to another, seeking to identify the right person. Through this change, we avoid rewarding terrorists or spies who successfully conceal their identities, but we also protect innocent Americans from unwarranted surveillance." See, Congressional Record, July 13, 2005, at Page S8223.

The bill also revises 18 U.S.C. § 2702, which allows service providers to voluntary disclose to the government customers' electronic communications. The statute currently provides for disclosures "to a governmental entity, if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information". S 1389 would change this to allow disclosures "to a governmental entity, if the provider, in good faith, believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure without delay of the information". That is, the bill would replace the reasonableness requirement with a good faith requirement. It switches from an objective to a subjective test.

The bill would also amend the pertinent definitional section to add the provision that "the term `governmental entity´ means a department or agency of the United States or any State or political subdivision thereof.". That is, service providers could also disclose customer communications to state and local police. These changes arguably lower the privacy protections for the users of electronic communications services.

This bill would also makes many changes regarding § 215. Sen. Specter offered this summary: "First, the bill eliminates the mere certification of relevance required by current law and enhances the factual showing that must be made by the Government to obtain records. It also requires the court to agree with the adequacy of the Government's factual showing, and adds several procedural protections including heightened approval requirements and increased reporting for orders seeking sensitive materials, like library or medical records. Specifically, the bill requires the Government to submit ``a statement of facts´´ showing ``reasonable grounds to believe that the records or other things sought are relevant´´ to an authorized investigation."

Sen. Specter continued that "The bill then addresses concerns about the FISA judge acting as a ``rubber stamp´´ by requiring the court to find that the facts establish ``reasonable grounds to believe´´ the items sought are relevant. The bill also adds an explicit right to consult counsel; provides for judicial review; requires approval of the FBI Director or Deputy Director for orders concerning library records and other sensitive materials; and adds annual reports to Congress regarding use of the provision to obtain library records, book sales records, firearms sales records, health information or tax information."

The bill would also revise delayed notice of search warrant authority. § 213 of the PATRIOT Act is not scheduled to sunset. Sen. Specter stated that his bill "does not eliminate seriously jeopardizing an investigation as a basis for delay. Instead, the bill enhances reporting requirements -- including the addition of new public reporting requirements--to ensure that DOJ continues to use this authority responsibly. The bill also requires the court to set a ``date certain´´ for notice to be provided, eliminating concerns about indefinite delays. The bill permits extensions of the delay period, but requires that extensions be granted only ``upon an updated showing of the need for further delay.´´ Finally, the bill limits extensions to 90 days each, which parallels the notice requirements for criminal wiretaps and ``bugs´´ which are arguably more invasive that a one-time search, because they may require covert entries and they continue to collect personal data for extended periods of time."

This bill also addresses national security letter authority. This is in § 505 of the PATRIOT Act, rather than in Title II. It is not one of the sections scheduled to sunset this year. Sen. Specter stated that "The bill incorporates legislation introduced by Senator Cornyn to address a 2004 Federal district court decision holding a national security letter, or NSL, served on an Internet service provider unconstitutional. This legislation permits disclosure to legal counsel; allows court challenges; and permits judicial enforcement of NSLs."

The bill would add new reporting requirements regarding § 206 (regarding roving wiretaps), § 212 (emergency voluntary disclosure of electronic communications by service providers), § 213 (regarding delayed notice of search warrants, aka sneak and peak warrants), § 214 (regarding pen register and trap and trace device orders under the FISA).

7/11. The Government Accountability Office (GAO) released a report [36 pages in PDF] titled "Information Security: Department of Homeland Security Needs to Fully Implement Its Security Program".

This report finds that the Department of Homeland Security (DHS) "has not fully effectively implemented a comprehensive, departmentwide information security program to protect the information and information systems that support its operations and assets."

Moreover, it concludes that "Until DHS addresses these weaknesses and fully implements a comprehensive, departmentwide information security program, its ability to protect the confidentiality, integrity and availability of its information and information systems will be limited."

The report notes that the GAO performed only a limited review with respect to the DHS's United States Visitor and Immigrant Status Indicator Technology (US-VISIT) program. Nevertheless, the GAO reports that there are weaknesses in the information security plan of the US-VISIT program. See, report, at page 15.

The US-VISIT program is an entry and exit system to record the arrival and departure of aliens, verify their identities, and authenticate their travel documents through comparison of biometric identifiers. The DHS is also studying the use of radio frequency identification (RFID) technology to automatically record the entry and exit of covered individuals. The DHS's latest notice in the Federal Register pertaining to the US-VISIT program provides further details on the program. See, Federal Register, July 7, 2005, Vol. 70, No. 129, at Pages 39300 - 39323.

See also, the Electronic Privacy Information Center's (EPIC) US-VISIT web page.

The report was prepared for Sen. Joe Lieberman (D-CT), the ranking Democrat on the Senate Homeland Security and Governmental Affairs Committee.

7/11. The Government Accountability Office (GAO) released a report [68 pages in PDF] titled "Information Technology: Federal Agencies Face Challenges in Implementing Initiatives to Improve Public Health Infrastructure".

This report pertains to current federal health information technology initiatives for assisting the government in responding to public health emergencies. These include initiatives include the Center for Disease Control and Prevention's (CDC) Public Health Information Network (PHIN) and the Department of Homeland Security's (DHS) National Biosurveillance Integration System (NBIS) and Biological Warning and Incident Characterization System (BWICS).

This report finds that "Federal agencies have made progress on major public health IT initiatives, although significant work remains to be done."

On Wednesday, July 20, at 9:30 AM, the Senate Health, Education, Labor, and Pensions Committee will hold a business meeting. The agenda includes consideration of S 1355, the "Better Healthcare through Information Technology Act".

Also on July 20, at 10:00 AM, the Senate Budget Committee will hold a hearing on the federal role in, and budget implications of, health information technology.

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The House will not meet. It will next meet at 12:30 PM on July 18.

The Senate will meet at 9:30 AM. At 10:00 AM it will begin consideration of HR 3057, the foreign operations appropriations bill.

9:30 AM. The Senate Homeland Security and Governmental Affairs Committee's Subcommittee on Federal Financial Management, Government Information, and International Security will hold a hearing on the U.S. relationship with the World Trade Organization (WTO), and the WTO's effect on national sovereignty and economic security. The witnesses will be James Mendenhall (acting General Counsel of the Office of the United States Trade Representative), Claude Barfield (American Enterprise Institute), Robert Stumberg (Georgetown Law School), and Robert Vastine (Coalition of Service Industries). See, notice. Location: Room 562, Dirksen Building.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a panel discussion titled "Brand X v. FCC: What's Next?". The speakers will include Randolph May (PFF), Dave Baker (EarthLink VP for Law and Public Policy), and Kyle McSlarrow (P/CEO of the National Cable & Telecommunications Association). See, notice and registration page. Lunch will be served. Location: Room 1537, Longworth Building, Capitol Hill.

Deadline to submit comments to the Antitrust Modernization Commission (AMC) in response to the AMC's request for public comments on numerous issues. First, the AMC seeks comments on enforcement institutions, including dual federal merger enforcement, differential merger enforcement standards, the role of states in enforcing federal antitrust laws outside of the merger area, and the allocation of merger enforcement among states, private plaintiffs. Second, the AMC seeks comments on exclusionary conduct. Third, the AMC seeks comments on immunities, exemptions, and the state action doctrine. Fourth, the AMC seeks comments on merger enforcement, including federal antitrust merger enforcement policy generally, transparency in federal agency merger review, efficiencies in merger analysis, the Hart-Scott-Rodino pre-merger review process. Fifth, the AMC seeks comments on several new economy issues, including antitrust analysis of industries in which innovation, intellectual property, and technological change are central features, and on the reports on patent law by the National Academies and the Federal Trade Commission. Finally, the AMC seeks comments on the role of antitrust in regulated industries. See, notice in the Federal Register: May 19, 2005, Vol. 70, No. 96, at Pages 28902-28907.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding a petition for a declaratory ruling that certain provisions of the California Consumer Legal Remedies Act (CLRA), as applied to interstate telephone calls, are not preempted by the Telephone Consumer Protection Act (TCPA). See, notice in the Federal Register, June 15, 2005, Vol. 70, No. 114, at Pages 34725 - 34726. This proceeding is CG Docket No. 02-278.

Deadline to submit requests to the Copyright Office to participate in its upcoming roundtables on orphan works (on July 26-27 in Washington DC, and in Berkeley, California on August 2). See, notice in the Federal Register, July 7, 2005, Vol. 70, No. 129, at Pages 39341 - 39343.

12:00 NOON. The Frontiers of Freedom Institute (FFI) will host a panel discussion titled "How IP Rights and Violations Affect Rural America". The speakers will be Mitch Glazier (Recording Industry Association of America), Brian Duggan (Motor and Equipment Manufacturers Association), Brad Huther (U.S. Chamber of Commerce), Scott LaGanga (Americans for Tax Reform), and George Landrith (FFI). Lunch will be served. RSVP to 703 246-0110 ext. 305 or info at ff dot org. Location: Room B-338, Rayburn Building, Capitol Hill.

2:00 PM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on several nominations, including those of Richard Skinner (to be Inspector General of the Department of Homeland Security) and Edmund Hawley (to be an Assistant Secretary of Homeland Security). See, notice. Location: Room 562, Dirksen Building.

2:00 - 5:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "How to Conduct Business in the Current Chinese Legal Environment: Myths and Facts". The speakers will be Paul Manca (Hogan & Hartson) and others. The price to attend ranges from $70-$125. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its public notice regarding refreshing the record on issues raised in the Further Notice of Proposed Rulemaking (FNPRM) related to carrier identification code (CIC) conservation and the definition of "entity" as found in section 1.3 of the CIC Assignment Guidelines. This public notice is DA 05-1154 in CC Docket No. 92-237; it was released on April 26, 2005. See, notice in the Federal Register, June 1, 2005, Vol. 70, No. 104, at Pages 31405 - 31406.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding the exchange of customer account information between local exchange carriers (LECs). This FNPRM is FCC 05-29 in CG Docket No. 02-386. See, notice in the Federal Register, June 1, 2005, Vol. 70, No. 104, at Pages 31406 - 31409.

9:00 AM - 5:30 PM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. See, notice and agenda [2 pages in PDF]. Location: FCC, 445 12th Street, SW, Room TW-C305.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing on the proposed reorganization of the Department of Homeland Security (DHS). Secretary of Homeland Security Michael Chertoff will testify. See, SCC notice. See, also DHS release, Chertoff speech and proposed organizational chart [PDF]. 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. Location: Room 253, Russell Building.

12:00 NOON. The Advisory Committee to the Congressional Internet Caucus will host a panel discussion titled "Interpreting Grokster: Protecting Copyright in the the Age of Peer-to-Peer". The speakers will be Don Verrilli (Jenner & Block, attorney for the content industry), Fred Von Lohmann (Electronic Frontier Foundation, attorney for Streamcast Networks), and Andrew Greenberg (Carlton Fields, attorney for the IEEE). See, notice. A box lunch will be served. RSVP to Danielle Yates at 202 638-4370 or dyates at netcaucus dot org. Location: Room HC-5, Capitol Building.

9:00 AM - 1:00 PM. The National Telecommunications and Information Administration (NTIA) will host a meeting titled "Pharmers and Spimmers, Hackers and Bluejackers: Combating Wireless Security Threats". See, NTIA notice and notice in the Federal Register, June 22, 2005, Vol. 70, No. 119, at Page 36126. Location: Department of Commerce, Auditorium, 1401 Constitution Ave., NW.

9:30 AM. The Senate Judiciary Committee (SJC) has scheduled a hearing titled "Reporters' Shield Legislation: Issues and Implications". The scheduled witnesses are James Comey (Deputy Attorney General), Matthew Cooper (Time Magazine), Norman Pearlstine (Time Inc.), Lee Levine (Levine Sullivan Koch & Schulz), Geoffrey Stone (University of Chicago Law School). See, notice. The SJC frequently cancels hearings 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 Senate Health, Education, Labor, and Pensions Committee will hold a business meeting. The agenda includes consideration of S 1355, the "Better Healthcare through Information Technology Act". Location: Room 430, Dirksen Building.

10:00 AM. The Senate Budget Committee will hold a hearing on the federal role in, and budget implications of, health information technology. Location: Room 628, Dirksen.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Introduction To Trademark And Patent Law". The speakers will be Steven Warner (Fitzpatrick Cella Harper & Scinto) and Gary Krugman (Sughrue Mion). The price to attend ranges from $20-$30. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

4:00 - 5:00 PM. The Consumer Electronics Association (CEA) will host a webcast event titled "Recognizing Economic Benefit From the R&D Tax Credit Through Innovation, New Products and New Technology". See, notice. For more information, contact Deb Kassoff at 703 907-7655 or dkassoff at ce dot org.

The Federal Communications Commission (FCC) will hold Auction 60, the auction of five licenses in the Lower 700 MHz band C block (710-716/740-746 MHz). See, FCC's Public Notice [PDF] numbered DA 05-171, and FCC's Public Notice [63 pages in PDF] titled "Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures" and numbered DA 05-737. See also, notice in the Federal Register, June 1, 2005, Vol. 70, No. 104, at Page 31469.

Extended deadline to submit reply comments to Federal Communications Commission (FCC) in response to its FNPRM in its proceeding titled "In the Matter of Developing a Unified Intercarrier Compensation Regime". See, order [2 pages in PDF] extending deadline from June 22 to July 20. See also, notice in the Federal Register, June 15, 2005, Vol. 70, No. 114, at Pages 34724 - 34725. See also, story titled "FCC Adopts FNPRM in Intercarrier Compensation Proceeding" in TLJ Daily E-Mail Alert No. 1,076, February 14, 2005. This proceeding is CC Docket No. 01-92.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the Satellite Industry Association's (SIA) petition for reconsideration of the FCC's Second Report and Order and Second Memorandum Opinion and Order in its proceeding titled "Revision of Part 15 of the Commission's Rules Regarding Ultra-Wideband Transmission Systems", ET Docket No. 98-153. See, extension order.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) regarding reserve prices or minimum opening bids and other auction procedures for Auction No. 63, the auction of multichannel video distribution and data service licenses. See, notice in the Federal Register, July 11, 2005, Vol. 70, No. 131, at Page 39775.

8:30 AM - 1:00 PM. The Information Technology Association of America (ITAA) will host a conference titled "Public Trust on the Line: Security, Safety and VoIP". The price to attend ranges from $50 to $250. See, notice. Location: National Press Club, 529 14th St. NW, 13th Floor.

10:00 AM. The House Financial Services Committee will hold a hearing titled "Credit Card Data Processing: How Secure Is It?" Location: Room 2128, Rayburn Building.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for the Americas Regional Preparatory Meeting for the World Telecommunication Development Conference (WTDC-06) in Lima, Peru, from August 9-11, 2005. See, notice in the Federal Register, June 22, 2005, Vol. 70, No. 119, Page 36224. Location: DOS, Room 2533A.

12:00 NOON. The Cato Institute will host a panel discussion titled "The USA Patriot Act: Renew, Revise, or Repeal?". The speakers will be Rep. Jeff Flake (R-AZ), former Rep. Bob Barr (R-GA), and Tim Lynch (Cato). See, notice and registration page. Location: Room B-369, Rayburn Building.

RESCHEDULED FROM JUNE 9. 12:15 PM - 2:00 PM. The Forum on Technology will host a luncheon panel discussion titled "Basic Research - The Foundation of the Innovation Economy". See, notice. Location: Room 902, Hart Building, Capitol Hill.

Deadline to submit reply comments to the Copyright Office's Copyright Royalty Board regarding its interim regulations governing the organization, administration, and procedures of the Copyright Royalty Board. See, notice in the Federal Register, May 31, 2005, Vol. 70, No. 103, at Pages 30901 - 30916.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice [10 pages in PDF] regarding video news releases (VNRs). This notice is FCC 05-84 in MB Docket No. 05-171.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a panel discussion titled "Data Security and Privacy Protection: What is the Public Sector's Role?". The speakers will include Orson Swindle (former Federal Trade Commission (FTC) Commissioner), Howard Beales (former Director of the FTC's Consumer Protection Bureau), and Paul Rubin (Emory University). See, notice and registration page. Lunch will be served. Location: Room B-369, Rayburn Building, Capitol Hill.