3/29. CompTel filed a petition for review [17 pages in PDF] with the U.S. Court of Appeals (DCCir) of the Federal Communications Commission's (FCC) deemed grant of Verizon's petition for forbearance.

On March 21, 2006, the FCC issued a release [PDF] that states that the FCC, by operation of law, has granted Verizon's December 20, 2004, petition for forbearance from Title II of the Communications Act, and the FCC's Computer Inquiry rules. The FCC adopted no order or decision upon a majority vote of the members of the Commission. The FCC issued only a short release, and Commissioners wrote separate statements. See, story titled "FCC Announces that Verizon Petition for Forbearance is Deemed Granted" in TLJ Daily E-Mail Alert No. 1,334, March 22, 2006.

See, Verizon's December 20, 2004, petition [29 pages in PDF], its letter of February 7, 2006 (part I [25 pages in PDF] and part II  [PDF]), and its February 17, 2006, letter [1 page in PDF]. This proceeding is Docket No. 04-440.

The petition for review states that Comptel "petitions the Court for review of the Federal Communications Commission's grant by operation of law of Verizon Telephone Companies' Petition for Forbearance pursuant to Section 10(c) of the Communications Act".

CompTel's petition requests "an order holding the Commission's action unlawful and setting it aside on grounds that it is arbitrary, capricious, an abuse of discretion, contrary to statutory authority, unsupported by record evidence, and otherwise not in accordance with law, and that the deemed grant of approval under 47 U.S.C. § 160(c) violates the United States Constitution."

Earl Comstock, head of CompTel, stated in a release that "When the chairman of a federal agency is able to abdicate his responsibility to protect the public interest, and instead chooses to advance the private financial interests of a single giant corporation, it is time for the courts to step in and protect the public. The FCC's default grant of forbearance makes Verizon the only telecommunications company in the entire country that is not subject to regulatory oversight. COMPTEL believes that the statutory provision that allowed this situation to occur is an unconstitutional delegation by the Congress to an unelected federal official."

This case is CompTel v. FCC and USA, U.S. Court of Appeals for the District of Columbia, App. Ct. No. 06-1113, a petition for review.

CompTel is represented by the Washington DC law firm of Sher & Blackwell.

3/29. The Senate Commerce Committee's (SCC) Subcommittee on Technology held a hearing titled "Importance of Basic Research to United States' Competitiveness".

Sen. John Ensign (R-NV) wrote in his opening statement that "basic research is the key to future innovation", and that "increased funding of basic research at the National Science Foundation, the National Institute of Standards and Technology, and other federal agencies should be a national priority".

He added that U.S. "competitiveness in global markets and the creation of good jobs at home rely increasingly on the cutting edge innovation that stems from high-risk basic research. United States' technological leadership, innovation, and jobs of tomorrow require a commitment to basic research funding today.

John Marburger (at right), Director of the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP), wrote in his prepared testimony [8 pages in PDF] that "America currently spends one and a half times as much on Federally-funded research and development as Europe, and three times as much as Japan, the next largest investor. Our scientists collectively have the best laboratories in the world, the most extensive infrastructure supporting research, the greatest opportunities to pursue novel lines of investigation, and the most freedom to turn their discoveries into profitable ventures if they are inclined to do so. We lead not only in science, but also in the productivity, innovation, and technological prowess that is necessary to translate science into economically significant products that enhance the quality of life for all people."

He also discussed President Bush's "American Competitiveness Agenda" and budget request for FY 2007, which seek "a 2 percent increase in non-defense R&D".

Philip Ritter of Texas Instruments wrote in his prepared testimony [6 pages in PDF] that "federal investment in basic research has not kept pace in key areas such as engineering and physical sciences, whether for semiconductor related research or other areas of inquiry. It has been essentially flat for three decades. As a percentage of GDP, it has declined."

He added that "While investment in the life sciences has grown exponentially, federal resources in the physical sciences, engineering, math, and computer science have been stagnant. These neglected areas must be revitalized, at least at the levels proposed in the Administration’s American Competitiveness Initiative."

He also focused on semiconductor research. He wrote that "Industry experts agree that a replacement technology for the current 30-year old semiconductor process, which is reaching its physical limits, needs to be discovered and manufactured by 2020 to continue the historical trends of performance enhancements, size reductions, power conservation, and cost savings. Seminal research papers usually appear 12-15 years before commercialization, in other words within the next few years."

He also said that a byproduct of government funding of basic research is that it produces a skilled workforce. It "contributes to building the pipeline of students with advanced degrees in science, technology, engineering, and math fields. In turn, this builds a skilled U.S. workforce for our businesses."

Adam Drobot of Telcordia addressed communications related research in his prepared testimony [3 pages in PDF]. He wrote that "U.S. industry is unable to fully self-fund the research necessary to discover and exploit long-term, ground-breaking advances so critical to the health and competitiveness of the nation. The history of the telecommunications industry has left us with weak public mechanisms for funding pre-competitive research in communications, paradoxically, because so much of the research was initially done in a dominant institution -- ``Bell Labs´´. While that institution left an incredible legacy of successful inventions which has paid off well for our nation – the mechanisms of funding on which it depended no longer exists. New partnerships between industry, government and universities are needed to meet tomorrow's challenges and to maintain the competitive position of the United States in the communications industry."

See also, prepared testimony [6 pages in PDF] of Arden Bement (Director of the National Science Foundation), prepared testimony [8 pages in PDF] of William Jeffrey (Director of the National Institute of Standards and Technology), prepared testimony [14 pages in PDF] of Leonard Pietrafesa (National Oceanic and Atmospheric Administration), and prepared testimony [6 pages in PDF] of Steven Knapp (Provost of Johns Hopkins University).

3/29. The House Science Committee (HSC) rejected HRes 717, a resolution that states that "the Secretary of Commerce is directed to transmit to the House of Representatives, not later than 14 days after the date of the adoption of this resolution, a copy of the final draft report, produced by the professional staff of the Technology Administration, entitled: `Six-Month Assessment of Workforce Globalization In Certain Knowledge-Based Industries´."

A motion to report the resolution favorably failed on a vote of 19-14. A motion to report unfavorably produced a 17-17 tie. The HSC may hold another mark up session next week. See, HSC release.

Rep. Sherwood Boehlert (R-NY), the Chairman of the HSC, wrote in his opening statement [PDF] that "Today's debate is not about outsourcing". Rather, "It's only about scoring political points related to a report."

Rep. Bart Gordon (D-TN) (at right), the ranking Democrat on the HSC, stated that "We are all concerned about jobs for hardworking Americans. It is difficult for me to understand how this Committee can seriously talk about bolstering America's global competitive position if, in the next breath, we claim not to want the most sophisticated analysis done by the Federal Government on what is happening with American jobs in high-tech fields". See, web page of House Science Committee Democrats on HRes 717.

Rep. Jerry Costello (D-IL) stated that "The American people spent $335,000 on this report and we believe they have a right to see its findings."

3/28. The U.S. Court of Appeals (DCCir) issued its divided opinion [23 pages in PDF] in Boehner v. McDermott, a civil wiretap case in which the Court of Appeals affirmed the judgment of the District Court that Rep. Jim McDermott (D-WA) violated the wiretap statute,18 U.S.C. § 2511, and can be held civilly liable for damages.

The Wiretap Act, which was enacted as Title III of the Omnibus Crime Control and Safe Streets Act of 1968, is the principal federal wiretapping statute. It is codified at 18 U.S.C. § 2510 et seq. It prohibits the interception of wire, oral, and electronic communications, without a court order.

18 U.S.C. § 2511 provides, in relevant part, that "(1) Except as otherwise specifically provided in this chapter any person who ... (c) provides that "intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection ... shall be subject to suit as provided in subsection (5)."

The plaintiff is Rep. John Boehner (R-OH). He is the nearly elected House Majority Leader. The defendant is Rep. McDermott. He is a member of the House Ways and Means Committee, and perhaps the most theatrical and immature member of the Congress.

Rep. Boehner participated in a telephone conference call, by cell phone, with several House Republican leaders in December of 1996. He was in the state of Florida at the time. John and Alice Martin, residents of Florida, used a radio scanner to intercept the conversation. They also made an audio recording of the conversation. They delivered a copy of the recording to Rep. Karen Thurman (D-FL), who advised them to delivery it to Rep. McDermott. The Martins then traveled to Washington DC, and delivered the recording to Rep. McDermott, along with a cover letter that stated that the recording contained "a conference call heard over a scanner", and that they understand that they "will be granted immunity." Rep. McDermott disclosed the contents of the recording to the New York Times (NYT), and the Atlanta Constitution Journal. The NYT then published a news story based upon the contents of the recorded telephone conversation. The Martins were promptly charged with, and pled guilty to, criminal violation of the Wiretap Act, and in particular, 18 U.S.C. § 2511.

Rep. Boehner filed a complaint in U.S. District Court (DC) against Rep. McDermott alleging violation of 18 U.S.C. § 2511, as well as violation of similar provisions of Florida and District of Columbia law.

Rep. McDermott moved to dismiss on First Amendment grounds. In a previous ruling, the District Court granted the motion to dismiss. The U.S. Court of Appeals (DCCir) reversed in a opinion published at 191 F.3d 463 (1999). The Supreme Court granted writ of certiorari, and vacated the judgment of the Court of Appeals, and remanded the case to the Court of Appeals in light of its decision in Bartnicki v. Vopper, 532 U.S. 514 (2001). The Court of Appeals then remanded the case to the District Court.

On May 21, 2001, the Supreme Court issued its opinion in Bartnicki v. Vopper, holding that a radio host (Vopper) cannot be sued under 18 U.S.C. § 2511 for playing an audio recording of a cellular telephone conversation, despite a federal statute that made illegal both the interception of the conversation, and its disclosure. The majority reasoned that the case pitted statutes banning disclosure of illegally obtained electronic communications against the First Amendment freedom of speech claims of persons with illegally obtained recordings to disclose them if their content pertains to a public issue.

The Supreme Court wrote that the recording violated federal wiretapping law, that Vopper knew this, but that he did not make the illegal intercept. He reasoned that the statute's application in this situation would violate Vopper's free speech rights under the First Amendment. See also, story titled "Supreme Court Diminishes Electronic Privacy" in TLJ Daily E-Mail Alert No. 192, May 22, 2001.

The District Court held that the facts of this case are distinguishable from those in Bartnicki. In particular, Rep. McDermott's receipt of the tape from the Martins was so closely tied by knowledge and action to the Martins' illegal disclosure that he obtained the information unlawfully. And, since he obtained the illegal recording unlawfully, unlike the defendants in Bartnicki, who received an anonymous package in a mailbox, Rep. McDermott is not shielded by the holding in Bartnicki.

The District Court awarded Rep. Boehner $10,000 in statutory damages, $50,000 in punitive damages, and reasonable attorney fees and costs.

See also, story titled "The District Court District Court Holds Rep. McDermott Violated Wiretap Act" in TLJ Daily E-Mail Alert No. 964, August 23, 2004.

In the just released Court of Appeals opinion, the Court affirmed the District Court.

Judge Randolph wrote the opinion of the Court of Appeals, in which Judge Ginsburg joined. The Court wrote that "Because there was no genuine dispute that Representative McDermott knew the Martins had illegally intercepted the conversation, he did not lawfully obtain the tape from them. The Martins violated § 2511 not once, but twice – first when they intercepted the call and second when they disclosed it to Representative McDermott. It is of little moment whether Representative McDermott’s complicity constituted aiding and abetting their criminal act, or the formation of a conspiracy with them, or amounted to participating in an illegal transaction." (Footnotes omitted.)

The Court added that "The difference between this case and Bartnicki is plain to see. It is the difference between someone who discovers a bag containing a diamond ring on the sidewalk and someone who accepts the same bag from a thief, knowing the ring inside to have been stolen. The former has committed no offense; the latter is guilty of receiving stolen property, even if the ring was intended only as a gift." (Footnotes omitted.)

Judge Sentelle wrote a long dissent. He argued that "There is no distinction of legal let alone constitutional significance between our facts and those before the Court in Bartnicki."

He elaborated that "Just as Representative McDermott knew that the information had been unlawfully intercepted, so did the newspapers to whom he passed the information. I see no distinction, nor has Representative Boehner suggested one, between the constitutionality of regulating communication of the contents of the tape by McDermott or by The Washington Post or The New York Times or any other media resource."

Judge Sentelle continued that "For that matter, every reader of the information in the newspapers also learned that it had been obtained by unlawful intercept. Under the rule proposed by Representative Boehner, no one in the United States could communicate on this topic of public interest because of the defect in the chain of title. I do not believe the First Amendment permits this interdiction of public information either at the stage of the newspaper-reading public, of the newspaper-publishing communicators, or at the stage of Representative McDermott’s disclosure to the news media. Lest someone draw a distinction between the First Amendment rights of the press and the First Amendment speech rights of nonprofessional communicators, I would note that one of the communicators in Bartnicki was himself a news commentator, and the Supreme Court placed no reliance on that fact."

Rep. McDermott stated in a release on March 28 that "There is no greater responsibility for a Member of Congress than to defend the Constitution, and I fully accept my duty to protect the First Amendment, which is what this case is all about."

However, his recent legislative actions suggest disregard for First Amendment rights. In particular, he was the author and backer of a last minute insertion into HR 3402, the Department of Justice reauthorization bill late last year that makes it a federal crime to use the internet to "annoy" someone. President Bush signed this bill on January 5, 2006.

HR 3402 also includes the Violence Against Women Act (VAWA). Rep. McDermott's amendment amended the VAWA portion of the bill. However, the amendment extends to actions that are neither violent, nor against women. Also, while the amendment contains the language "Preventing Cyberstalking", it extends criminal liability to conduct that is not in the nature of stalking. It criminalizes using the internet to annoy. Much of this is protected free speech.

For an explanation of this late amendment, see story titled "Bush Signs DOJ Reauthorization Bill" in TLJ Daily E-Mail Alert No. 1,284, January 6, 2006. See, subsection titled "The Internet as a Telecommunications Device".

Rep. McDermott claimed credit for this speech restrictive amendment in a release issued on January 11, 2006. The release that states that "Rep. Jim McDermott (D-WA), working behind the scenes with leaders on the Judiciary Committee in the House and in the Senate, authored language protecting women against online cyberstalking, and a bill -- Violence Against Women and Department of Justice Reauthorization Act of 2005 -- was passed and signed into law by the President."

Also, while writing the above referenced story, TLJ spoke with Congressional committee staff. House Judiciary Committee (HJC) staff stated that the internet annoyance language was not in the HJC bill, that it came from the Senate Judiciary Committee (SJC) version. A SJC staffer stated that the SJC inserted the provision at the request of Rep. McDermott. This person added that the Department of Justice did not request this provision.

Rep. McDermott's theatrics extend beyond wiretaps. He once brought a Christmas tree to a committee mark up session, in the month of June. See, story titled "House Ways and Means Committee Approves Tax Bill that Repeals ETI" in TLJ Daily E-Mail Alert No. 918, June 15, 2004. This was a mark up of HR 4520 (108th Congress), the "American Jobs Creation Act of 2004", which became Public Law No. 108-357. The World Trade Organization (WTO) has since ruled that this ETI/FSC replacement legislation violates U.S. treaty obligations. Hence, there may be yet another bill.

3/29. The House Commerce Committee amended and approved HR 4127, the "Data Accountability and Trust Act", or DATA. The Committee approved a manager's amendment offered by Rep. Cliff Stearns (R-FL). Several other amendments were either rejected or withdrawn. The vote on final approval was 41-0.

3/29. The Supreme Court heard oral argument in eBay v. MercExchange, Sup. Ct. No. 05-130. See, Supreme Court docket, March 16, 2004, opinion [31 pages in PDF] of the Court of Appeals (FedCir), and story titled "Supreme Court to Consider Availability of Injunctive Relief in Patent Cases" in TLJ Daily E-Mail Alert No. 1,261, November 29, 2005.

3/29. The U.S. Court of Appeals (DCCir) issued its opinion [14 pages in PDF] in American Association of Paging Carriers v. FCC, a petition for review pertaining to paging carriers and licensing by itinerant mobile radio transmitters on a nationwide, non-coordinated basis. See also, brief [43 pages in PDF] of the AAPC. The Court of Appeals dismissed the petition. This was a petition to review an order that denies a petition for agency reconsideration, which is unreviewable. This case is AAPC v. FCC and USA, App. Ct. No. 04-1359, a petition for review of the Federal Communications Commission's (FCC) Memorandum Opinion and Order (MOO) adopted September 1, 2004, and released on September 8, 2004. This MOO is FCC 04-212 in WT Docket No. 01-146. Judge Karen Henderson wrote the opinion of the Court of Appeals, in which Judges Garland and Griffith joined.

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

The Senate will meet at 9:30 AM. It will resume consideration of S 2454, the "Securing America's Borders Act".

9:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Immigration, Border Security, and Claims will hold an oversight hearing titled "Should Congress Raise the H1B Cap?". The hearing will be webcast by the HJC. See, notice. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

9:30 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 1768, a bill to permit the televising of Supreme Court proceedings, S 829, the "Sunshine in the Courtroom Act of 2005", S 2453, the "National Security Surveillance Act of 2006", and S 2455, the "Terrorist Surveillance Act of 2006". The agenda also includes consideration of several nominations, including Steven Bradbury (to be Assistant Attorney General in charge of the Office of Legal Counsel), Michael Chagares (to be a Judge of the U.S. Court of Appeals for the 3rd Circuit), Gray Miller (to be a Judge of the U.S. District Court for the Southern District of Texas), Patrick Schiltz (to be Judge of the U.S. District Court for the District of Minnesota), and Randy Smith (to be a Judge of the U.S. Court of Appeals for the Ninth Circuit). See also, Sen. Dianne Feinstein's (D-CA) statement regarding placing a hold on the nomination of Smith. See, notice. The SJC frequently cancels or postpones meetings without notice. The SJC rarely follows its published agenda. Many of the items on this agenda have been on numerous agenda in the past. Press contact: 202-224-5225. Location: Room 226, Dirksen Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing on HR __ [PDF], a committee print of a bill that may be titled the "Communications Opportunity, Promotion, and Enhancement Act of 2006". The first panel of witnesses will be Walter McCormick (head of the U.S. Telecom Association), Kyle McSlarrow (head of the National Cable & Telecommunications Association), Timothy Regan (Corning), Paul Misener (Amazon.com), David Keefe (Atlantic Broadband, on behalf of the American Cable Association), and Jerry Fritz (Allbritton Communications, on behalf of the National Association of Broadcasters). The second panel of witnesses will be Jeffrey Citron (Vonage), Julia Johnson (Video Access Alliance), Anthony Riddle (Alliance for Community Media), Lillian López (Hispanic Federation), Jeannine Kenney (Consumers Union), Randolph May (Progress & Freedom Foundation), and James Makawa (The Africa Channel). See, notice. Press contact: Larry Neal (Barton) at 202 225-5735. The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

TIME CHANGE. 10:00 AM. The Senate Commerce Committee will mark up S 2389, the "Protecting Consumer Phone Records Act". See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202-224-3991 or Andy Davis (Inouye) at 202 224-4546. Location: Room 562, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "K-12 Science and Math Education Across the Federal Agencies". The witnesses will be Margaret Spellings (Secretary of Education), Arden Bement (Director of the National Science Foundation), John Kelly (Deputy Undersecretary of Commerce for Oceans and Atmosphere, National Oceanic and Atmospheric Administration), Shana Dale (National Aeronautics and Space Administration), and James Decker (Office of Science, Department of Energy). Press contact: Joe Pouliot at 202-225-4275 or joe dot pouliot at mail dot house dot gov. For more information, contact Kara Haas (Republican staff) at 202 -225-7858 or Jim Wilson (Democratic staff) at 202-225-6375. Location: Room 2318, Rayburn Building.

10:00 AM - 12:30 PM. The Department of State's (DOS) Advisory Committee on International Communications and Information Policy (ACICIP) will meet. See, notice in the Federal Register, February 23, 2006, Vol. 71, No. 36, at Pages 9407-9408. Richard Wiley, Chairman of the ACICIP, and attorney at the law firm of Wiley Rein & Fielding, will preside. David Gross, Deputy Assistant Secretary and U.S. Coordinator for International Communications and Information Policy, will speak. The DOS states that admittance is only by means of a pre-arranged clearance list. March 28 is the deadline to request to attend is March 28. Location: Loy Henderson Auditorium, Harry Truman Building, DOS, 2201 C Street, NW.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Practice Committee will host a brown bag lunch. The speakers will be FCC International Legal Advisors. For more information, contact Wendy Parish at wendy at fcba dot org or LeJuan Butler at 202 778-3501. Location: United Nations Foundation, 1225 Connecticut Ave., NW, 4th Floor.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee and Cable Practice Committee will host a brown bag lunch. The topic will be video local franchising. The speakers will be Libby Beatty (National Association of Telecommunications Officers & Advisors), Leora Hochstein (Verizon), and Diane Burstein (National Cable & Telecommunications Association). RSVP by 12:00 NOON on March 27 to Quyen Truong at ttruong at dowlohnes dot com. Location: Dow Lohnes & Albertson, 8th floor, 1200 New Hampshire Ave., NW.

1:00 - 3:00 PM. The Federal Communications Commission's (FCC) Wireless Telecommunications Bureau and the Consumer and Governmental Affairs Bureau will hold a public demonstration of changes to be made to Tower Construction Notification System (TCNS). See, notice [PDF]. The event will be webcast by the FCC. Location: FCC, 6th Floor South Conference Room (Room 6-B516), 445 12th St., SW.

LOCATION CHANGE. 2:30 PM. The Senate Commerce Committee will hold a hearing titled "Competition and Convergence". The witnesses will be Kyle McSlarrow (National Cable and Telecommunications Association), Earl Comstock (Comptel), Walter McCormick (US Telecom), Steve Largent (CTIA-The Wireless Association), Jerry Ellig (George Mason University), and Mark Cooper (Consumer Federation of America). See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991 or Andy Davis (Inouye) at 202 224-4546. Location: Room 216, Hart Building.

6:00 - 9:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers, Wireless and Common Carrier Committees will host an event titled "Young Lawyers Committee Spring Happy Hour". For more information, contact Paul Feldman at 703-812-0403 or feldman at fhhlaw dot com, Jennifer Tatel at 202-736-8038 or jtatel at sidley dot com, or Chris Fedeli at 202-828-9874 or cfedeli at crblaw dot com. Location: Panache, 1825 Desales St., NW.

The House may meet at 10:00 AM for legislative business. The agenda again includes consideration of HR 1606, the "Online Freedom of Speech Act". See, Republican Whip Notice.

8:30 AM - 12:00 NOON. The Electronic Transactions Association (ETA) will host an event titled "Card Processing Industry Education Program". See, agenda [PDF]. For more information, contact Rob Drozdowski at 202-828-2635 ext. 203 or rob dot drozdowski at electran dot org. Location: Columbus Room, Union Station.

9:30 - 11:30 AM. The Copyright Office (CO) will hold one in a series of hearings on possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. This hearing will address the proposed Sony BMG rootkit exemption. See, CO schedule. See also, stories titled "Copyright Office Announces Proceeding on DMCA Anti-Circumvention Exemptions" in TLJ Daily E-Mail Alert No. 1,229, October 7, 2005; "Copyright Office Announces Hearings on Exemptions to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 1,318, February 27, 2006; and "Copyright Office to Hold Hearings on Exemptions to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 1,338, March 29, 2006. Location: Mumford Room, LM-649, James Madison Building, Library of Congress, 101 Independence Ave., SE.

9:45 AM. The U.S. District Court (DC) will hold a status conference in ACLU v. FBI, D.C. No. 2005-cv-01004-ESH. Location: Courtroom 18, 333 Constitution Ave., NW.

11:00 AM. Federal Communications Commission (FCC) Commissioner Deborah Tate will hold a news conference. The FCC's notice states that this is a "briefing for members of the media" and that attendees should RSVP to Meribeth McCarrick at 202-418-0654 or Meribeth dot McCarrick at fcc dot gov. Location: FCC, Room 8A204, 445 12th St., SW.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a program titled "Orphan Works: A Search for Solutions". The speakers will be Jule Sigall (Associate Register for Policy & International Affairs at the Copyright Office), Prue Adler (Association of Research Libraries), Jonathan Band (attorney), and Steven Metalitz (International Intellectual Property Alliance). Solveig Singleton (PFF) will moderate. See, notice. For more information, contact Eileen Goulding at egoulding at pff dot org or 202-289-8928. Press contact: Patrick Ross at 202 289-8928. Location: Room B-369, Rayburn Building.

2:30 - 4:00 PM. The Copyright Office (CO) will hold one in a series of hearings on possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. This hearing will address the proposed exemption for programs protected by dongles. See, CO schedule. See also, notice in the Federal Register, February 23, 2006, Vol. 71, No. 36, at Pages 9302-9303. See also, stories titled "Copyright Office Announces Proceeding on DMCA Anti-Circumvention Exemptions" in TLJ Daily E-Mail Alert No. 1,229, October 7, 2005; "Copyright Office Announces Hearings on Exemptions to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 1,318, February 27, 2006; and "Copyright Office to Hold Hearings on Exemptions to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 1,338, March 29, 2006. Location: Mumford Room, LM-649, James Madison Building, Library of Congress, 101 Independence Ave., SE.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its Draft Special Publication 800-88 [40 pages in PDF], titled "Guidelines for Media Sanitization".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its Draft Special Publication 800-53 (Revision 1) [130 pages in PDF], titled "Recommended Security Controls for Federal Information Systems".

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Xerox v. 3Com, No. 2004-1470. Location: Courtroom 201, 717 Madison Place, NW.

9:30 AM - 12:30 PM. The Copyright Office will hold one in a series of hearings on possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. This hearing will address DVD circumvention by universities. See, CO schedule. See also, notice in the Federal Register, February 23, 2006, Vol. 71, No. 36, at Pages 9302-9303. See also, stories titled "Copyright Office Announces Proceeding on DMCA Anti-Circumvention Exemptions" in TLJ Daily E-Mail Alert No. 1,229, October 7, 2005; "Copyright Office Announces Hearings on Exemptions to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 1,318, February 27, 2006; and "Copyright Office to Hold Hearings on Exemptions to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 1,338, March 29, 2006. Location: Mumford Room, LM-649, James Madison Building, Library of Congress, 101 Independence Ave., SE.

11:00 AM - 2:00 PM. The American Enterprise Institute (AEI) will host a program titled "The Future of U.S. Trade Policy". There will be a panel discussion at 11:00 AM. The speakers will be Claude Barfield (AEI), Lael Brainard (Brookings Institution), Jeffrey Schott (Institute for International Economics), and James Glassman (AEI). Rep. Bill Thomas (R-CA), the Chairman of the House Ways and Means Committee, will give the luncheon address, titled "The Doha Merry-Go Round: When the Music Stops Will the U.S. Be Up or Down?". See, notice. Press contact: Veronique Rodman at 202-862-4870 or VRodman at aei dot org. For more information, contact Daniel Geary at 202-862-5940 or DGeary at aei dot org. Location: 12th floor, 1150 17th St., NW.

5:15 PM. Deadline to submit to the U.S. International Trade Commission (USITC) pre-hearing statements and briefs regarding the probable economic effects of the proposed U.S.-Republic of Korea Free Trade Agreement. (The hearing is scheduled for April 20.) See, notice in the Federal Register, February 28, 2006, Vol. 71, No. 39, at Pages 10066-10067.

Day one of a two day conference hosted by pulvermedia and Isen.com titled "Internet Freedom Conference". See, conference web site. Press Contact: Bage Anderson at 254 772-5909 or bage at weinkrantz dot com. The scheduled speakers include Rep. Rick Boucher (D-VA) and former FCC Chairman Reed Hundt. Location: AFI Silver Theater, Silver Spring, MD.

CANCELLED. 9:30 AM. The Copyright Office will hold one in a series of hearings on possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. See, notice in the Federal Register, February 23, 2006, Vol. 71, No. 36, at Pages 9302-9303. See also, stories titled "Copyright Office Announces Proceeding on DMCA Anti-Circumvention Exemptions" in TLJ Daily E-Mail Alert No. 1,229, October 7, 2005, and "Copyright Office Announces Hearings on Exemptions to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 1,318, February 27, 2006. Location: Mumford Room, LM-649, James Madison Building, Library of Congress, 101 Independence Ave., SE.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution and Subcommittee on Commercial and Administrative Law will hold a joint oversight hearing titled "Personal Information Acquired by the Government from Information Resellers: Is There Need for Improvement?". The hearing will be webcast by the HJC. See, notice. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "Sexual Exploitation of Children Over the Internet: What Parents, Kids and Congress Need to Know About Child Predators". See, notice. Press contact: Larry Neal (Barton) at 202 225-5735. The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in America Online v. U.S., No. 2005-5138. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Honeywell International v. U.S., No. 2005-5145. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in HLG Electronics v. Bizcom Electronics, No. 2005-1261. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 1:30 PM. The Institute for Policy Innovation (IPI) will host a lunch titled "How States Have Succeeded With Video Franchise Reform". The speakers will be Robert Cresanti (Department of Commerce), Brandt Hershman (Indiana State Senate), Rick Cimerman (National Cable and Telecommunications Association), Barry Aarons (IPI), and Bartlett Cleland (IPI). Press contact: Sonia Blumstein at soniab at ipi dot org or 703-912-5742. For more information, contact Betty Medlock at bmedlock at ipi dot org or 972-874-5139. See, notice. Location: Charlie Palmer Steak Restaurant on the Hill, 101 Constitution Ave., NW.

2:30 PM. The Senate Commerce Committee's Subcommittee on Science and Space will hold a hearing titled "National Science Foundation and Science Priorities". Sen. Kay Hutchison (R-TX) will preside. Location: Room 562, Dirksen Building.

Day two of a two day conference hosted by pulvermedia and Isen.com titled "Internet Freedom Conference". See, conference web site. Press Contact: Bage Anderson at 254 772-5909 or bage at weinkrantz dot com. The scheduled speakers include Rep. Rick Boucher (D-VA) and former FCC Chairman Reed Hundt. Location: AFI Silver Theater, Silver Spring, MD.

TIME? The Internal Revenue Service (IRS) will hold a hearing regarding its (1) notice of proposed rulemaking, and (2) proposed revenue procedure, pertaining to tax return preparers' use and disclosure of tax return information in an electronic environment. See, IRS notice in the Federal Register that describes and recites proposed changes to its rules implementing 26 U.S.C. § 7216, Federal Register, December 8, 2005, Vol. 70, No. 235, at Pages 72954 - 72964. See also, IRS web site notice [16 pages in PDF] that describes and contains the proposed revenue procedure. And see, story titled "IRS Releases Proposed Rules Regarding Electronic Tax Preparation" in TLJ Daily E-Mail Alert No. 1,268, December 8, 2005. Location: __.

Day one of a three day conference hosted by the National Institute of Standards and Technology (NIST) titled "5th Annual PKI R&D Workshop: Making PKI Easy to Use". See, notice. Location: NIST, Green Auditorium, Bldg. 101, 100 Bureau Drive, Gaithersburg, MD.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual Property will hold a hearing titled "Patent Quality Enhancement in the Information-Based Economy". See, notice. The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building. Location: Room 2141, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Silicon Image v. Genesis Microchip, No. 2005-1538. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Phillips Electronics v. Contec, No. 2005-1351. Location: Courtroom 203, 717 Madison Place, NW.

10:30 AM. The House Ways and Means Committee will hold a hearing titled "Implementation of the United States-Oman Free Trade Agreement". See, notice. Press contact: 202-225-1721. Location: Room 1100, Longworth Building.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Crime will hold a hearing on HR 4777, the "Internet Gambling Prohibition Act". See, notice. This hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building. Location: Room 2141, Rayburn Building.

Day two of a three day conference hosted by the National Institute of Standards and Technology (NIST) titled "5th Annual PKI R&D Workshop: Making PKI Easy to Use". See, notice. Location: NIST, Green Auditorium, Bldg. 101, 100 Bureau Drive, Gaithersburg, MD.

9:00 AM. The House Judiciary Committee (HJC) will hold an oversight hearing on the Department of Justice (DOJ). See, notice. The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building. Location: Room 2141, Rayburn Building.

9:00 - 11:00 AM. The American Enterprise Institute (AEI) will host a panel discussion titled "Data Pricing and Dissemination in a Competitive Securities Market". The speakers will be Peter Wallison (AEI), Jeff Brown (Charles Schwab & Co.), Adena Friedman (NASDAQ), Kevin O'Hara (NYSE), and Jamie Selway (White Cap Trading). See, notice. For more information, contact Daniel Geary at DGeary at aei dot org or Veronique Rodman (reporters) at vrodman at aei dot org. Location: AEI, 12th floor, 1150 17th St., NW.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "Sexual Exploitation of Children Over the Internet: What Parents, Kids and Congress Need to Know About Child Predators". See, notice. Press contact: Larry Neal (Barton) at 202 225-5735. The hearing will be webcast by the HCC. Location: Room 2322, Rayburn Building.

10:00 AM. The House Education and Workforce Committee will hold a hearing titled "Building America’s Competitiveness: Examining What is Needed to Compete in a Global Economy". The witnesses will be Elaine Chao (Secretary of Labor) and Margaret Spelling (Secretary of Education). See, notice. Location: Room 2175, Rayburn Building.

10:00 AM. House Armed Services Committee's (HASC) Subcommittee on Tactical Air and Land Forces will hold a hearing on the FY 2007 National Defense Authorization budget request for unmanned aerial vehicles (UAV) and intelligence, surveillance, and reconnaissance capabilities. Location: Room 2212, Rayburn Building.

1:00 PM. The House Armed Services Committee's (HASC) Subcommittee on Terrorism, Unconventional Threats and Capabilities will hold a hearing on information technology issues and defense transformation. The witnesses will be John Grimes (Assistant Secretary of Defense, Networks and Information Integration), Lt. Gen. Charlie Croom (USAF, Director of the Defense Information Systems Agency), Lt. Gen. Steven Boutelle (CIO of the Department of the Army), Dave Wennergren (CIO of the Department of the Navy), Brig. Gen. George Allen (CIO of the Marine Corps), Lt. Gen. Michael Peterson (CEO of the Air Force), Paul Brinkley (Deputy Under Secretary of Defense for Business Transformation), and Thomas Modly (Deputy Under Secretary of Defense for Financial Management). Location: Room 2212, Rayburn Building.

Day three of a three day conference hosted by the National Institute of Standards and Technology (NIST) titled "5th Annual PKI R&D Workshop: Making PKI Easy to Use". See, notice. Location: NIST, Green Auditorium, Bldg. 101, 100 Bureau Drive, Gaithersburg, MD.