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March 31, 2006, Alert No. 1,340.
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Senate Commerce Committee Approves Phone Records Bill

3/30. The Senate Commerce Committee (SCC) amended and approved S 2389, the "Protecting Consumer Phone Records Act". The SCC approved an amendment in the nature of a substitute [41 pages in PDF], with three other amendments.

Section 2(a) of the bill provides that "It is unlawful for any person -- (1) to acquire or use the customer proprietary network information of another person without that person's affirmative written consent, which shall include electronic consent that meets the requirements of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.); (2) to misrepresent that another person has consented to the acquisition or use of such other person’s customer proprietary network information in order to acquire such information; (3) to obtain unauthorized access to the data processing system or records of a telecommunications carrier or an IP-enabled voice service provider in order to acquire the customer proprietary network information of 1 or more other persons; (4) to sell, or offer for sale, customer proprietary network information; or (5) to request that another person obtain customer proprietary network information from a telecommunications carrier or IP-enabled voice service provider, knowing that the other person will obtain the information from such carrier or provider in any manner that is unlawful under subsection (a)."

The bill adds that for purposes of this prohibition, "an IP-enabled voice service provider shall be treated as if it were a telecommunications carrier covered by section 222 of the Communications Act of 1934 (47 U.S.C. 222) before the date of enactment of this Act." The bill also amends 47 U.S.C. § 222 to cover both "telecommunications carriers" and "IP-enabled voice service providers".

The bill also amends Section 222 to add a definition of "IP-enabled voice service". The term means "the provision of realtime 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network." (Parentheses in original.)

The bill also requires notice to customers of violations. It requires telecommunications carriers and IP-enabled voice service providers to "notify a customer within 14 calendar days after the carrier or provider is notified of, or becomes aware of, an incident in which customer proprietary network information relating to such customer was disclosed to someone other than the customer in violation of this section or section 2 of the Protecting Consumer Phone Records Act."

The bill also provides for wireless number confidentiality. It provides that "A provider of commercial mobile services, or any direct or indirect affiliate or agent of such a provider, may not include the wireless telephone number information of any subscriber in any wireless directory assistance service database unless the mobile service provider" provides conspicuous notice, and "obtains express prior authorization for listing from such subscriber, separate from any authorization obtained to provide such subscriber with commercial mobile service, or any calling plan or service associated with such commercial mobile service, and such authorization has not been subsequently withdrawn." The bill also prohibits service providers from charging for such confidentiality.

The bill gives the FCC various rule making powers. It gives the FTC civil enforcement authority; violations of this bill would be enforceable as unfair or deceptive trade practices within the meaning of the FTC Act. It also gives the FCC concurrent enforcement authority. The bill also provides for enforcement by states. Finally, the bill gives a private right of action to service providers, and to consumers who have been harmed by violations.

The bill also also extends the current one year statute of limitations to two years. It also requires services providers to file annual certifications of compliance.

The SCC approved three amendments. The SCC approved by voice vote an amendment offered by Sen. Ted Stevens (R-AK), the Chairman of the SCC, and Sen. Conrad Burns (R-MT) that expands the state enforcement provision to allow enforcement by state public utility commissions or other state agencies in states that have delegated enforcement of such matters to such officials. The amendment in the nature of a substitute, without this amendment, had given authority to chief legal officers of states.

The SCC approved by voice vote an amendment offered by Sen. Barbara Boxer (D-CA) and Sen. Burns that allows consumers to decide whether their wireless numbers are listed in any future cell phone directories.

The SCC approved by a vote of 11-10 an amendment offered by Sen. Mark Pryor (D-AR) that authorizes civil suits by individuals whose phone records have been unlawfully acquired, sold, or used.

See also, SCC release.

2nd Circuit Rules FCC Has Primary Jurisdiction in Media Cross Ownership Matter

3/29. The U.S. Court of Appeals (2ndCir) issued its opinion [35 pages in PDF] in Ellis v. Tribune, a case regarding the primary jurisdiction of the Federal Communications Commission (FCC) in media cross ownership matters. The Court of Appeals vacated the judgment of the District Court, and remanded with instructions to dismiss.

Tribune Television Company owns a daily newspaper and two television stations in the Hartford, Connecticut area. This violates the FCC's newspaper broadcast cross ownership rules. Tribune previously had a waiver from the FCC, but that expired.

In June of 2003, the FCC promulgated a new rule. See, story titled "FCC Announces Revisions to Media Ownership Rules" in TLJ Daily E-Mail Alert No. 672, June 3, 2003. However, the U.S. Court of Appeals (3rdCir) stayed and then overturned the new rule.

On June 24, 2004, the U.S. Court of Appeals (3rdCir) issued its opinion [213 pages in PDF] in Prometheus Radio Project v. FCC. See, story titled "3rd Circuit Rules in Media Ownership Case" in TLJ Daily E-Mail Alert No. 930, July 1, 2004. See also, Prometheus Radio Project v. FCC, 373 F.3d 372 (3d Cir. 2004). The Supreme Court denied certiorari.

The FCC has yet to write new media ownership rules.

Neil Ellis, a resident of Hartford, filed a complaint in U.S. District Court (DConn) against Tribune alleging violation of 47 U.S.C. § 401(b), which gives a private cause of action to any party injured by a failure to comply with an FCC order. Tribune moved to dismiss the complaint on the basis that its 2003 rules changes rendered the claim moot, and that the FCC has primary jurisdiction. Ellis moved for summary judgment.

While these motions were pending, the FCC denied Tribune's request for a permanent waiver, but granted a temporary waiver.

The District Court denied Tribune's motion to dismiss, and granted Ellis's motion for summary judgment. See, Ellis v. Tribune TV Co., 363 F. Supp. 2d 121 (2005).

The Court of Appeals held that the District Court "erred in failing to refer this case in the first instance to the FCC under the doctrine of primary jurisdiction". The Court of Appeals vacated, and remanded with instructions to dismiss the complaint.

The Court of Appeals wrote that "The district court’s decision involved a substantial danger of establishing inconsistent rulings (a danger that later became a reality) on an issue squarely within the agency's expertise and discretion." (Parentheses in original.)

On the other hand, the Court of Appeals also held that Ellis has standing to sue, that the case is ripe, and that Tribune did not establish that the new cross ownership rule rendered the complaint moot.

This case is Neil Ellis v. Tribune Television Company., U.S. Court of Appeals for the 2nd Circuit, App. Ct. No. 05-1983-cv, an appeal from the U.S. District Court for the District of Connecticut, Judge Droney presiding. Judge Wesley wrote the opinion of the Court of Appeals, in which Judges Oakes and Sotomayor joined.

4th Circuit Holds Release and Covenant Not to Sue Extends to WIPO Domain Name Actions

3/30. The U.S. Court of Appeals (4thCir) issued its opinion [PDF] in Convey v. 1099 Pro, affirming the District Court's judgment for Convey.

Convey Compliance Systems, Inc. makes computer software products used to generate tax forms, including products pertaining to compliance with IRS Code § 1099. IRS Form 1009 pertains to independent contractors who received $600 or more during the previous year. 1099 Pro, Inc. competes with Convey in the market for the less expensive software.

Convey and 1099 Pro were involved in litigation involving an employee who left one company, and went to work for the other. The two companies settled that case, and entered into a settlement agreement that contained mutual releases, and covenants not to sue. This agreement covered "any claims, demands, rights and causes of action and damages, whether liquidated or unliquidated, absolute or contingent, known or unknown, arising out of any actions or events occurring in whole or part prior to or concurrent with the date hereof".

1099 Pro subsequently initiated a proceeding against Convey in the World Intellectual Property Organization (WIPO) to compel Convey to give up an domain name (1099professionals.com) that Convey registered before the settlement agreement was executed. This registration was unknown to 1099 Pro at the time. Convey defaulted in the WIPO proceeding.

Convey then filed a complaint in U.S. District Court (EDVa) against 1099 Pro alleging breach of the settlement agreement. The jury returned a verdict for Convey, and the District Court awarded Convey $406,750.

The Court of Appeals affirmed. The Court of Appeals reasoned that the broad language of the settlement agreement extends to WIPO actions, and actions for claims unknown at the time of the agreement.

This case is Convey Compliance Systems, Inc. v. 1099 Pro, Inc., U.S. Court of Appeals for the 4th Circuit, App. Ct. No. 04-2335, an appeal from the U.S. District Court for the Eastern District of Virginia, at Alexandria, Gerald Bruce Lee presiding, D.C. No. CA-03-525. Judge Niemeyer wrote the opinion of the Court of Appeals, in which Judges Motz and Traxler joined.

People and Appointments

3/30. President Bush withdrew his nomination of Judge Daniel Ryan to be a Judge of the U.S. District Court for the Eastern District of Michigan. See, White House release. Bush most recently nominated Ryan on February 14, 2005. Bush also nominated Ryan in the 108th Congress. Ryan is a state court judge in Detroit, Michigan.

3/29. Federal Communications Commission (FCC) Chairman Kevin Martin named Anthony Dale acting Managing Director and Mark Stephens acting Chief Financial Officer. See, FCC release [PDF].

More News

3/30. The House Judiciary Committee's (HJC) Subcommittee on Immigration, Border Security, and Claims held an oversight hearing titled "Should Congress Raise the H1B Cap?". See, prepared testimony [PDF] of John Miano (Chief Engineer, Colosseum Builders, Inc.), prepared testimony of Stuart Anderson (Executive Director, National Foundation for American Policy), prepared testimony of David Huber (information technology professional, Chicago, Illinois), and prepared testimony of Delbert Baker (President, Oakwood College).

3/29. The Senate Judiciary Committee's (SCC) Subcommittee on the Constitution, Civil Rights and Property Rights
held a hearing titled "What’s in a Game? State Regulation of Violent Video Games and the First Amendment". See, prepared testimony of Steve Strickland, prepared testimony of Elizabeth Carll (American Psychological Association), prepared testimony of David Bickham (Center on Media and Child Health, Harvard Medical School), prepared testimony of Patricia Vance (President, Entertainment Software Rating Board), prepared testimony of Rep. Jeff Johnson (Assistant Majority Leader, Minnesota House of Representatives), prepared testimony of Paul Smith (Jenner & Block), and prepared testimony of Kevin Saunders (Michigan State University law school).

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Washington Tech Calendar
New items are highlighted in red.
Friday, March 31

The House may 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".

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".

Monday, April 3

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.

Tuesday, April 4

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.

11:45 AM - 1:30 PM. The U.S. Chamber of Commerce and its Teleconsensus Coalition will host a forum titled "The Telecommunications Economy: Using the Internet as a Model for Telecom Legislation". The speaker will be Bill Woodcock (Packet Clearing House). Press contact: press at uschamber dot com or 202-463-5682. RSVP to teleconsensus at uschamber dot com. Lunch will be served. Location: State Services Organization, Room 333, 444 North Capitol Street, 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.

Wednesday, April 5

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.

3:00 PM. The House Ways and Means Committee's Subcommittee on Human Resources will hold a hearing titled "Use of Technology to Improve Public Benefit Programs". See, notice. For more information, contact 202-225-1025. Location: Room B-318, 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.

Thursday, April 6.

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.

2:00 PM. The House Ways and Means Committee's Subcommittee on Health will hold a hearing titled "Health Care Information Technology". See, notice. For more information, contact 202-225-3943. Location: Room 1100, Longworth 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.

Friday, April 7

9:00 AM - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. See, notice [PDF]. Location: FCC, 445 12th Street, S.W., Room TW-C305.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in M-Star Semiconductor v. ITC, No. 2005-1129. Location: Courtroom 203, 717 Madison Place, NW.

Deadline to submit applications to the Federal Communications Commission (FCC) for participation in the FCC's 2006 Attorney Honors Program. The is an employment recruitment program directed at "graduating law school students and recent law school graduates". See, FCC release [PDF].