Gonzales Proposes Data Retention Mandate,
Web Site Labeling, and Ban on Deceptive Source Code |
4/20. Attorney General Alberto
Gonzales gave a
speech in
Alexandria, Virginia, in which he proposed that internet service providers (ISPs) be
required to retain data. The Department of Justice
(DOJ) also released a draft
bill [PDF] that would
require web site operators to label web sites that contain "sexually explicit
material", and criminalize the deceptive use of words in the source code of certain
web sites.
Gonzales' argument for a data retention mandate is that the internet is used
to disseminate child pornography (CP), that the federal government wants to
enforce laws that criminalize CP, and that requiring all ISPs to retain data
will facilitate investigation and prosecution of CP laws.
The Center for Democracy and Technology
(CDT) responded that "Data retention requirements would be burdensome, raise
serious privacy concerns, and be of questionable value given existing laws that
require ISPs to preserve data at the request of law enforcement."
Gonzales (at right) said
that "we have to make sure law enforcement has all the tools and information it
needs to wage this battle. The investigation and prosecution of child predators
depends critically on the availability of evidence that is often in the hands of
Internet service providers. This evidence will be available for us to use only
if the providers retain the records for a reasonable amount of time.
Unfortunately, the failure of some Internet service providers to keep records
has hampered our ability to conduct investigations in this area."
He continued that "I have asked the appropriate experts at the Department to
examine this issue and provide me with proposed recommendations. And I will
reach out personally to the CEOs of the leading service providers, and to other
industry leaders, to solicit their input and assistance. Record retention by
Internet service providers consistent with the legitimate privacy rights of
Americans is an issue that must be addressed."
He also said that the Bush administration "will send to
Congress a new piece of legislation, the Child Pornography and Obscenity
Prevention Amendments of 2006. This legislation will help ensure that
communications providers report the presence of child pornography on their
systems by strengthening criminal penalties for failing to report it. It will
also prevent people from inadvertently stumbling across pornographic images on
the Internet. I hope Congress will take up this legislation promptly."
He concluded, "I have directed my staff to see what else we can do."
The DOJ sent a letter and
proposed bill [10 pages in PDF] to House Speaker Denny Hastert. This draft bill does
not include a data retention mandate. Gonzales did not explain in his speech how
this data retention mandate would operate.
However, this draft bill would toughen the existing requirement that service
providers report violations of CP laws, compel web site operators to label web
sites that contain "sexually explicit material", and criminalize the
deceptive use of words in web page source code.
First, the draft bill would impose large criminal penalties on upon a "provider of
electronic communication services or remote computing services" who "knowingly
and willfully fails" to report violations of CP laws.
Second, it would compel speech on web sites with "sexually explicit
material". The draft bill provides that "No person who operates a website
located on the Internet where such website is primarily operated for commercial
purposes ... may knowingly, and with knowledge of the character of the material,
place on that website sexually explicit material, and (A) fail to include on
each page of the website that contains sexually explicit material, the marks and
notices prescribed by the Commission under this subsection; and (B) fail to
provide that the matter on the website that is initially viewable, absent any
further actions by the viewer, does not include any sexually explicit material."
This provision would not apply to "a telecommunications carrier engaged in
the provision of a telecommunications service" or to "a person engaged in the
business of providing an Internet access service".
Third, the draft bill would criminalize deceptive uses of words in the metatags or other
source code of certain web pages. It provides that "Whoever knowingly embeds words or
digital images into the source code of a website with the intent to deceive a person into
viewing material constituting obscenity shall be fined under this titled or imprisoned not
more than 2 years, or both."
It also provides that "Whoever knowingly embeds words or digital images into the
source code of a website with the intent to deceive a minor into viewing material harmful
to minors on the Internet shall be fined under this title or imprisoned not more than 4
years, or both."
TLJ published a story
titled "Keyword Deception Is Common In Political Web Sites" on September 3, 1999.
This story addressed the deceptive use of words in the source code of web sites of political
candidates and committees to drive traffic to these web sites. These were political,
not CP, websites. However, the methods for using source code to attract traffic are the same.
Several Republican candidates for President, including Sen. Orrin Hatch
(R-UT), Sen. John McCain (R-AZ), and former Vice President Dan Quayle, used
deceptive keywords. George Bush did not. Also, both the Republican National
Committee and the Democratic National Committee used keyword deception.
See, also, table
titled "Summary of Features of Web Sites of Presidential Candidates and other Political
Entities".
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House Commerce Committee to Mark
Up COPE Act |
4/24. The House Commerce Committee
(HCC) will meet to begin its mark up of HR __, a yet to be introduced bill titled
the "Communications Opportunity, Promotion, and Enhancement Act of 2006", or
COPE Act.
The HCC will begin with opening statements of members at 5:00 PM on Tuesday,
April 25, 2006. It will then proceed to consideration of amendments at 10:00 AM
on Wednesday, April 26. The hearing will be webcast by the HCC. See, HCC
notice.
This could be a long mark up session. The Subcommittee mark up lasted until about
6:00 PM.
The HCC's Subcommittee on Telecommunications and the Internet amended and approved
the COPE Act on April 5, 2006. See, stories titled "House Subcommittee Approves
COPE Act", "House Subcommittee Rejects Network Neutrality Amendment", and
"Amendment by Amendment Summary of Subcommittee Mark Up of COPE Act" in
TLJ
Daily E-Mail Alert No. 1,344, April 6, 2006.
Title I of the bill provides that certain cable operators may obtain a
national cable franchise. Title II provides that the Federal Communications
Commission (FCC) is authorized to enforce its August 2005
policy
statement [3 pages in PDF] regarding network neutrality through case by case
adjudicatory proceedings. Title III extends the E-911 regulatory regime to voice over
internet protocol (VOIP) service. Title IV provides that state and local entities may
provide any telecommunications, information or cable service.
On April 24 an ad hoc group titled the
Save the Internet coalition held a
telephonic news conference to criticize the network neutrality provisions of the
bill as insufficient to protect the historically open nature of the internet.
The participants included Vint Cerf (Google), Tim Carr (Free Press),
Craig Newmark (Craig's List), Chris Rabb (Afro Netizen.com), Gigi Sohn (Public
Knowledge), Mark Cooper (Consumer Federation of America), and Craig Fields (Gun
Owners of America).
Cerf argued that the lack of a hard network neutrality mandate will destroy
the openness and neutrality of the internet, and thereby harm innovation. He
said that network neutrality entails enabling content providers to access their
consumers.
Fields argued that internet communications has changed grass roots lobbying,
and hence, the political process. He said that previously politicians could move
legislation so quickly that grass roots lobbying campaigns, using U.S. Postal
Service mail, could not be organized quickly enough to affect the legislative
process. He continued that with internet communications, grass roots lobbying
moves more quickly. He said that "the politicians can't hide behind time
anymore".
However, he argued that the telecommunications companies that are lobbying
for enactment of the COPE Act "have internal anti-gun policies", and will use
the control over the broadband access facilities to shut out organizations from
the free market of ideas.
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FCC Issues Notice Regarding Procedures for
Transition of the 1710-1755 MHz Band |
4/20. The The Federal Communications Commission (FCC)
issued a
notice regarding the transition of the 1710-1755 MHz band from federal to
non-federal use.
This notice states that the FCC, in consultation with the
National
Telecommunications and Information Administration (NTIA), "will require
all AWS licensees to coordinate AWS use of the 1710-1755 MHz band during the transition
so that licensees can deploy their systems in a timely and efficient manner without causing
harmful interference to existing federal operations during the transition. Coordination
will assist new licensees in determining when new systems can be deployed
without causing harmful interference to federal incumbents. At the same time,
coordination will provide federal incumbents with some assurance that critical
operations will not be interrupted due to harmful interference."
The notice states that "The Commission’s Part 24
and Part 101 rules contain coordination rules applicable to shared use of the
PCS band which may provide guidance regarding similar procedures that could be
used in the AWS band." In particular, "In engineering a system or modification
thereto, the applicant must, by appropriate studies and analyses, select sites,
transmitters, antennas and frequencies that will avoid interference in excess of
permissible levels to other users. All applicants and licensees must cooperate
fully and make reasonable efforts to resolve technical problems and conflicts
that may inhibit the most effective and efficient use of the radio spectrum;
however, the party being coordinated with is not obligated to suggest changes or
re-engineer a proposal in cases involving conflicts."
The FCC's notice also enumerates several
"pre-operational procedures", adherence to which will "constitute a reasonable
effort on the part of AWS licensees to comply with the license condition that
they coordinate frequency usage with incumbent federal users." These procedures
address contacting federal agencies, interference analyses, non-disclosure
agreements, and TIA Bulletin 10F.
The notice also enumerates several requirements imposed upon federal agencies.
The notice concludes with the statements that "AWS
licensees unable to reach agreement on the mitigation of interference may seek
redress from the Commission", and "For federal agencies, in the event that the
potential for harmful interference cannot be resolved satisfactorily, the matter
may be referred to the NTIA, for assistance."
This item is FCC 06-50 in WTB Docket No. 02-353.
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People and Appointments |
4/24. President Bush nominated Philip Gutierrez to be a Judge of the
U.S. District Court for the Central District of
California. See, White House
release.
He is currently a Judge of the
Superior Court of California, Los Angeles County.
4/24. President Bush nominated Daniel Porter Jordan III to be a Judge of the
U.S. District Court for the Southern District of Mississippi. See, White House
release.
4/24. President Bush nominated Daniel Sullivan to be an Assistant Secretary
of State (Economic and Business Affairs). If confirmed by the Senate, he will replace
Anthony Wayne. See, White House
release.
Bush had previously announced that he would make the nomination.
4/20. Douglas Wiley was named EVP of Government Relations at the
National Association of Broadcasters (NAB). He
previously worked for the Electronics Industry Association (EIA). See, NAB
release.
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More News |
4/24. The Department of Commerce's (DOC) Bureau of
Industry and Security (BIS) published a
notice
in the Federal Register that describes, recites, and sets the effective date for, amendments
to the Export Administration Regulations. These amendments make extensive changes
regarding the export of high performance computers. The effective date is April 24,
2006 for most provisions. See, Federal Register, April 24, 2006, Vol. 71, No. 78, at Pages
20876-20894.
4/19. The Federal Communications Commission (FCC) issued a
notice [10
pages in PDF] that sets deadlines to submit comments regarding the transfer of licenses
associated with the AT&T, BellSouth, and Cingular transaction. This is nominally
a license transfer proceeding, but is also in the nature of an antitrust merger review.
Initial comments are due by June 5, 2006. Reply comments are due by June 20, 2006. This
proceeding will be governed by "permit but disclose" ex parte communications
procedures under Section 1.1206 of the FCC's rules. See also, the FCC's
web page for its
AT&T/BellSouth/Cingular merger review. This proceeding is WC Docket No. 06-74.
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About Tech Law Journal |
Tech Law Journal publishes a free access web site and
subscription e-mail alert. The basic rate for a subscription
to the TLJ Daily E-Mail Alert is $250 per year. However, there
are discounts for subscribers with multiple recipients. Free one
month trial subscriptions are available. Also, free
subscriptions are available for journalists,
federal elected officials, and employees of the Congress, courts, and
executive branch. The TLJ web site is
free access. However, copies of the TLJ Daily E-Mail Alert are not
published in the web site until one month after writing. See, subscription
information page.
Contact: 202-364-8882.
P.O. Box 4851, Washington DC, 20008.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998 - 2006 David Carney, dba Tech Law Journal. All
rights reserved. |
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Washington Tech Calendar
New items are highlighted in red. |
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Tuesday, April 25 |
The House will return from its "Spring District Work
Period". It will meet at 2:00 PM for legislative business. Votes will be
postponed until 6:30 PM. The House will consider several items under
suspension of the rules, including
HR 4709,
the "Law Enforcement and Phone Privacy Protection Act of 2006". See,
Republican Whip Notice.
The Senate will meet at 9:45 AM for morning
business. It will then vote on the nomination of Gray Miller to be a Judge of the
U.S. District Court for the Southern District of Texas. It will then begin consideration
of HR 4939,
the "Emergency Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006".
10:00 AM. The Senate Banking Committee
will hold a hearing titled "A Review of Current Securities Issues". See,
notice. The witness will be
Chris Cox, Chairman of the Securities and Exchange
Commission (SEC). Press contact: John Heine (SEC) at 202-551-4120. Location: Room 538,
Dirksen Building.
10:00 AM - 12:00 NOON. The Department of State's (DOS)
International Telecommunication Advisory
Committee (ITAC) will meet to prepare for the
CITEL PCC.II (Radiocommunication
including Broadcasting) meetings on June 20-23, 2006, in Lima, Peru, and on October
17-20, 2006, in San Salvador, El Salvador. See,
notice in the Federal Register, March 29, 2006, Vol. 71, No. 60, at Page
15798. Location: __.
2:00 - 4:00 PM. The Federal Communications Commission's (FCC) Advisory
Committee on Diversity for Communications in the Digital Age will meet to consider
"new rules that could change the Commission's implementation of Section 309(j)
of the Communications Act, which requires the Commission to ensure, inter alia, that
small businesses and businesses owned by members of minority groups and women are given
the opportunity to participate in the provision of spectrum-based services". (Emphasis
added.) See, FCC
notice [PDF] and
notice in the Federal Register, April 20, 2006, Vol. 71, No. 76, at Page 20401. The
public may attend telephonically on a listen only basis. Telephone 800-347-3350 and
identify Diego Ruiz as the conference call's chairman. Location: undisclosed.
2:00 - 4:00 PM. The
U.S. Patent and Trademark Office (USPTO)
will host an event "to educate the public on USPTO's plans to streamline the
application review process". See, USPTO
release.
Press contact: Brigid Quinn or Ruth Nyblod at 571-272-8400, brigid dot quinn
at uspto dot gov or Ruth dot nyblod at uspto dot gov. Location: USPTO, Madison
Auditorium, 600 Dulany Street, Alexandria, VA.
2:00 PM. The
House Homeland Security Committee's (HHSC) Subcommittee on Emergency
Preparedness, Science, and Technology will hold a hearing titled "The State
of Interoperable Communications: Perspectives on Federal Coordination of
Grants, Standards, and Technology". Location: Room 311, Rayburn Building.
2:00 PM. The House
Judiciary Committee's (HJC) Task Force on Telecom and Antitrust will hold an oversight
hearing titled "Network Neutrality: Competition, Innovation and Nondiscriminatory
Access". The witnesses will be Paul Misener (Amazon.com),
Earl Comstock (CompTel), Walter McCormick (U.S. Telecom Association), and Timothy Wu (Columbia
Law School). 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.
DATE AND TIME CHANGE. 2:15 PM. The
Senate Judiciary Committee (SJC) may
hold a hearing on judicial nominations, including
Milan Smith (to be a Judge
of the U.S. Court of Appeals for the 9th Circuit), Renee Marie Bumb (U.S.
District Court for the District of New Jersey), Noel Lawrence Hillman (U.S.D.C.,
District of New Jersey), Peter Sheridan (U.S.D.C., District of New Jersey),
Susan Davis Wigenton (U.S.D.C., District of New Jersey). The SJC frequently
cancels or postpones hearings without notice. The SJC frequently cancels or
postpones hearings without notice. See,
notice. Press
contact: 202-224-5225. Location: Room 226, Dirksen Building.
5:00 PM. The House Commerce
Committee (HCC) will meet to begin its mark up of HR __, the "Communications
Opportunity, Promotion, and Enhancement Act of 2006", or COPE Act.
This session is for opening statements. See,
notice.
The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202 225-5735
or Terry Lane (Barton) at 202 225-5735. Location: Room 2123 Rayburn Building.
Extended deadline to submit reply comments to the Federal Communications
Commission (FCC) in response to the request contained in the Twelfth Annual
Report on the status of competition in the market for the delivery of video
programming for comments on the best methodologies and data for measuring the
70-percent thresholds and, if the thresholds have been met, what action might
be warranted to achieve the statutory goals. See,
notice of extension [PDF].
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Wednesday, April 26 |
The House will meet at 10:00 AM for legislative business. The House may
consider HR 5020,
the "Intelligence Authorization Act for Fiscal Year 2007", subject to a rule.
See, Republican Whip Notice.
8:00 AM. The Federal
Communications Bar Association (FCBA) will host a breakfast. The speakers will be
Sen. John Sununu (R-NH) and
Rep. Rick Boucher (D-VA). Registrations
and cancellations are due by 5:00 PM on April 20. The price to attend ranges from $30
to $55. See, registration form
[PDF]. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.
9:00 AM - 12:45 PM. The Cato
Institute will host a conference titled "Copyright Controversies Freedom,
Property, Content Creation, and the DMCA". Lunch will follow the program. See,
notice and registration page.
Location: Cato, 1000 Massachusetts Ave., NW.
SHORTENED TO ONE DAY. 9:00 AM. The Department of Commerce's
(DOC) Bureau of Industry and Security's (BIS)
Information Systems Technical Advisory Committee will meet. The BIS regulates exports.
The agenda includes "VOIP Networks". See, original
notice in the Federal Register, April 13, 2006, Vol. 71, No. 71, at Page 19164,
and revised
notice in the Federal Register, April 20, 2006, Vol. 71, No. 76, at Page 20389. For
more information, contact Yvette Springer at 202-482-4814. Location: Hoover Building,
Room 3884, 14th and Pennsylvania Ave., NW.
9:30 AM. The Senate Judiciary
Committee (SJC) may hold a hearing titled "Parity, Platforms and Protection:
The Future of the Music Industry in the Digital Radio Revolution".
The witnesses will be Todd Rundgren (lead singer of The
New Cars), Victoria Shaw (songwriter), Edgar Bronfman (Warner Music Group),
Gary Parsons (XM Satellite Radio), Bruce Reese (Bonneville International
Corp.), Mark Lam (Live365), and Anita Baker (singer). See,
notice. The SJC frequently
cancels or postpones hearings without notice. Location: Room 226, Dirksen Building.
10:00 AM. The House Commerce
Committee (HCC) will continue its mark up of HR __, the "Communications
Opportunity, Promotion, and Enhancement Act of 2006", or COPE Act. See,
notice.
The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202-225-5735
or Terry Lane (Barton) at 202 225-5735. Location: Room 2123 Rayburn Building.
10:00 AM. The Senate
Commerce Committee's (SCC) Subcommittee on Technology will hold a hearing titled
"Fostering Innovation in Math and Science Education". This hearing will
address "the importance of science and mathematics education from kindergarten through
graduate school in fueling future developments in the 21st Century’s high-tech innovation
economy". Sen. John Ensign (R-NV) will preside.
The witnesses will be Mary Ann Rankin (University of Texas at Austin), Paul Dugan (Washoe
County School District), Thomas McCausland (Siemens Medical Solutions), and Ioannis Miaoulis
(Museum of Science, Boston). 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. The
Senate Finance Committee will hold a hearing titled "Authorizations of
Customs and Trade Functions". See,
notice.
Location: Room 215, Dirksen Building.
10:00 AM. The
House Financial Services
Committee's (HFSC) Subcommittee on Capitol Markets will hold a hearing
titled "America’s Capital Markets: Maintaining Our Lead in the 21st Century".
Location: Room 2128, Rayburn Building.
2:00 PM. The
House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law
will hold an oversight hearing titled "The Department of Justice: Executive
Office for United States Attorneys, Civil Division, Environment and Natural
Resources Division, Executive Office for United States Trustees, and Office of
the Solicitor General". The hearing will be webcast by the HJC. Press contact:
Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.
RESCHEDULED FOR APRIL 25 AT 2:15 PM.
2:00 PM. The Senate Judiciary Committee
(SJC) may hold a hearing on judicial nominations.
6:00 - 8:15 PM. The DC
Bar Association will host a continuing legal education (CLE) seminar titled
"Key Court Rulings Affecting Information Technology Practices and
Stategies". It will cover "key recent court decisions affecting the
protection, licensing and distribution of computer software, databases and other
information content. It will also examine decisions on liability relating to the creation,
use, procurement, security and support of information technology and information systems,
the Internet and e-commerce". The speakers will include J.T. Westermeier (DLA Piper
Rudnick Gray Cary). 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.
The National Institute of Standards and
Technology (NIST) will host an event titled "FISMA Phase II Workshop on a
Program for Accreditation of Information Security Assessment Services". See,
notice.
Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.
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Thursday, April 27 |
The House will meet at 10:45 AM for legislative
business. The House may consider
HR 5020, the "Intelligence
Authorization Act for Fiscal Year 2007", subject to a rule. See,
Republican Whip Notice.
SHORTENED TO ONE DAY. Day two of a two day meeting of the Department
of Commerce's (DOC) Bureau of Industry and Security's
(BIS) Information Systems Technical Advisory Committee. The BIS regulates exports. The
agenda includes "VOIP Networks". See,
notice in the Federal Register, April 13, 2006, Vol. 71, No. 71, at Page 19164. For
more information, contact Yvette Springer at 202-482-4814. Location: Hoover Building,
Room 3884, 14th and Pennsylvania Ave., NW.
9:00 AM. The House Judiciary
Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property
will hold a hearing titled "Patent Harmonization". The witnesses will
be Todd Dickinson (General Electric Company), Robert Armitage (Eli Lilly and Company),
Gary Mueller (Digital Now, Inc.), and Pat Choate (author of
Hot Property: The Stealing of Ideas in an Age of Globalization). 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.
9:30 - 11:30 AM. The House
Science Committee will hold a hearing on
HR 5143,
the "H-Prize Act of 2006". The purpose of this bill is to incent technological
innovation by providing for the government to give monetary awards to businesses,
universities, and individuals that innovate. It would apply only to hydrogen energy
technologies. Location: Room 2318, Rayburn Building.
9:30 AM. The Senate
Judiciary Committee (SJC) may hold an executive business meeting. See,
notice. The SJC
frequently cancels or postpones hearings without notice. Press contact: 202-224-5225.
Location: Room 226, Dirksen Building.
11:00 AM - 12:00 NOON. The Federal Communications
Commission's (FCC) Advisory Committee for the
2007 World Radiocommunication Conference (WRC-07 Advisory Committee) will meet. See,
notice in the Federal Register, March 1, 2006, Vol. 71, No. 40, at Page
10530. Location: FCC, 445 12th Street, SW., Room TW-C305.
2:15 PM. Day one of a two day conference hosted by the
American Enterprise Institute (AEI) titled
"Federal Preemption: Law, Economics, and Politics". See,
notice. Press contact: Veronique Rodman at 202-862-4870 or VRodman at aei dot org.
Location: AEI, 12th floor, 1150 17th St., NW.
3:00 - 4:00 PM. The National Science
Foundation's (NSF) National Science Board will hold a closed meeting to discuss
vacancies. See,
notice in the Federal Register, April 12, 2006, Vol. 71, No. 70, at Page 18779.
5:15 PM. Deadline to submit to the U.S.
International Trade Commission (USITC) post-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.
6:00 - 9:15 PM. The DC Bar
Association will host a continuing legal education (CLE) seminar titled "How
to Protect and Promote Your Client's Artwork and Commercial Images". The speakers
will include Allison Cohen (attorney) and Laura Possessky (Gura & Possessky). 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 comments to the Library of Congress's
Copyright Office regarding its
proposed fee increases, to take effect on July 1, 2006. See,
notice in the Federal Register, March 28, 2006, Vol. 71, No. 59, at Pages
15368-15371.
Deadline to submit initial comments to the
Federal Communications Commission (FCC) regarding pulver.com's and Evslin's
petition
[18 pages in PDF] for a rulemaking regarding number porting in emergencies. See,
FCC notice
[PDF] and story titled "Pulver Asks FCC to Require Greater Number Porting in
Emergencies" in TLJ Daily E-Mail Alert No. 1,329, March 14, 2006.
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Friday, April 28 |
The Republican
Whip Notice states that "there are no votes expected in the House".
9:00 AM. Day two of a two day conference hosted by the
American Enterprise Institute (AEI) titled "Federal
Preemption: Law, Economics, and Politics". At 9:00 AM, there will be a panel
titled "Modern Preemption Regimes: Financial and Network Industries". The
speakers will be Randy Picker
(University of Chicago law school),
Richard Epstein
(University of Chicago law school), and Judge Douglas Ginsburg (U.S. Court of Appeals for the District
of Columbia). Picker focuses on technology and network industries (see,
SSRN
author page), while Macey focuses on financial industries. See,
notice. Press contact: Veronique Rodman at 202-862-4870 or VRodman at aei dot org.
Location: AEI, 12th floor, 1150 17th St., NW.
10:00 AM. The Center
for Democracy & Technology (CDT) will host an event. The CDT notice states
that this is a "press-only breakfast briefing" regarding "prospects for
technology-related legislation", including "privacy, electronic copyright,
data security, government wiretapping and ``network neutrality,´´" and other
topics. The speakers, all from the CDT, will be Jerry Berman, Leslie Harris,
Jim Dempsey, Ari Schwartz, Nancy Libin, John Morris, Paula Bruening, and David
Sohn. Breakfast will be served. RSVP to David McGuire at dmcguire at cdt dot
org or 202- 637 9800 x106. Location: CDT, 1634 I Street, NW, 11th floor.
Extended deadline to submit comments to the Library of
Congress's (LOC) Section 108 Study Group in
response to the LOC's notice in the Federal Register regarding, among other topics,
expanding the scope of
17 U.S.C. § 108. See,
notice in the Federal Register, February 15, 2006, Vol. 71, No. 31, at
Pages 7999-8002.
Deadline to submit comments to the National
Institute of Standards and Technology (NIST) regarding its
draft
[33 pages in PDF] of its "Special Publication (SP) 800-89: Recommendation
for Obtaining Assurances for Digital Signature Applications".
Deadline to submit initial comments to the Federal
Communications Commission (FCC) in response to ENUM LLC's petition for limited waiver
to allow it to obtain North American Numbering Plan (NANP) numbering resources. See, FCC
notice [PDF].
Deadline to submit reply comments to the Federal
Communications Commission (FCC) in response to AT&T's April 7 petition for a limited
waiver of section 61.42(g) of the FCC's rules so that it may exclude True IP to PSTN
(TIPToP) service from any price cap basket in the upcoming 2006 annual access tariff
filing. See, FCC
notice [PDF].
Extended deadline to submit initial comments to the
Federal Communications Commission (FCC)
in response to its notice of proposed rulemaking (NPRM) regarding privacy
of consumer phone records. See,
notice in the Federal Register, March 15, 2006, Vol. 71, No. 50, at Pages
13317-13323. See also,
notice of extension [PDF]. The FCC adopted this NPRM on February 10, 2006, and released the
text [34 pages in PDF] on February 14, 2006. See, story titled "FCC Adopts
NPRM Regarding Privacy of Consumer Phone Records" in
TLJ Daily E-Mail
Alert No. 1,308, February 13, 2006, and
story
titled "FCC Rulemaking Proceeding on CPNI May Extend to Internet Protocol
Services" in TLJ
Daily E-Mail alert No. 1,310, February 15, 2006. This NPRM is FCC 06-10 in
CC Docket No. 96-115 and RM-11277.
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Monday, May 1 |
10:00 AM. The U.S. Court of Appeals
(FedCir) will hear oral argument in Tegic Communications, Inc. v. Board of
Regents of the University of Texas. The
U.S. District Court (WDWash) dismissed
Tegic's complaint seeking a declaration that its software for hand held devices does not
infringe the UT's
U.S. Patent No. 4,674,112. The Court held that ii lacks subject matter jurisdiction
because of 11th Amendment Immunity. See,
Order Granting Motion to
Dismiss [PDF]. See also, collection of
pleadings and other documents. This case is App. Ct. No. 2005-1553 and D.C. No.
C05-0723L. Location: Courtroom 203, 717 Madison Place, NW.
12:00 NOON - 2:00 PM. The DC
Bar Association will host a panel discussion titled "An Overview of Health
Information Technology: Challenges and Opportunities". The speakers will include
Mark Mantooth (Department of Health and Human Services), William Braithwaite (eHealth
Initiative), Benjamin Butler (Crowell & Moring), and Robyn Diaz (MedStar Health).
The price to attend ranges from $15-25. For more information, call 202-626-3463. See,
notice.
Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.
2:00 PM. The U.S. Court of Appeals
(FedCir) will hear oral argument in Competitive Technologies v. Fujitsu.
This case is App. Ct. No. 2005-1237. Location: Courtroom 201, 717 Madison Place, NW.
2:00 PM. The U.S. Court of Appeals
(FedCir) will hear oral argument in Technology Licensing v. Thomson.
This case is App. Ct. No. 2005-1562. Location: Courtroom 201, 717 Madison
Place, NW.
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Tuesday, May 2 |
10:00 AM. The U.S. Court of Appeals
(FedCir) will hear oral argument in All Computers v. Intel. This case
is App. Ct. No. 2005-1271. Location: Courtroom 201, 717 Madison Place, NW.
1:30 - 5:30 PM. The
National Commission on Libraries and
Information Science (NCLIS) will hold a closed meeting. See,
notice in the Federal Register, April 21, 2006, Vol. 71, No. 77, at Page
20732. Location: National Library of Medicine, Conference Room B, NIH Building
38, Room 2S04, 8600 Rockville Pike, Bethesda, MD.
Day one of a four day conference hosted by the Association for
Computing Machinery titled "16th Annual Conference on Computer, Freedom and
Privacy". See, conference web site. Location:
L'Enfant Plaza Hotel.
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