10/17. Federal Bureau of Investigation (FBI) Director Robert Mueller gave a speech to the International Association of Chiefs of Police (IACP) in Boston, Massachusetts, in which he advocated a data retention mandate.

Mueller (at right) wrote in the prepared text of his speech that "cyber crime is a growing threat. Today, terrorists coordinate their plans cloaked in the anonymity of the Internet, as do violent sexual predators prowling chat rooms."

He continued that "All too often, we find that before we can catch these offenders, Internet service providers have unwittingly deleted the very records that would help us identify these offenders and protect future victims. We must find a balance between the legitimate need for privacy and law enforcement’s clear need for access. Your resolution on records retention passed this morning will help put us on the right path."

TLJ requested a copy of this resolution from the IACP. The IACP has not provided a copy.

Mueller also said this. "Let me give you one recent example that highlights the vulnerabilities of our infrastructure in the cyber age. Some of the most secure systems throughout the world, including hundreds of computers at university, military and government sites within the United States suffered intrusions by an individual who called himself ``Rebel.´´"

"Two years of intensive Investigative work uncovered a network of suspects stretching from the United Kingdom to Romania. As it turns out, Rebel was a 16-year-old living in Sweden", said Mueller.

Gonzales Statement of September 19. Various House and Senate committees and subcommittees held numerous hearings during the month of September 2006 regarding online pornography. These were not legislative hearings or markups at which the committees examined, amended or approved bills. Rather, these were held in the run up to the November Congressional elections.

Attorney General Alberto Gonzales raised the subject of data retention at one of these hearings. See, prepared testimony [12 pages in PDF] for the Senate Banking Committee on September 19, 2006.

Gonzales (at left) wrote that "one thing we are examining is the retention of records by communications service providers. Several months ago, I established a working group within the Department of Justice that is looking at this issue."

He elaborated that "By providing pedophiles a cloak of anonymity, extremely rapid communications, and access to potential victims, the Internet has made it easy for pedophiles to commit these crimes and, in many cases, to profit from them. It has also enabled pedophiles to easily find like-minded offenders, creating a field of competition to see who can produce the most unthinkable photos or videos of raping and molesting children."

He added that "advances in technology have also made it easier and easier for offenders both to profit from these images and to distribute them to each other. Once images are posted on the Internet, it becomes very difficult to remove the images from circulation."

Gonzales also used his prepared testimony for the September 19 event to advocate other proposals that would impact internet service providers.

He wrote that ""I would like to briefly mention four legislative proposals that the Department of Justice recently transmitted to Congress. The first would strengthen 42 U.S.C. § 13032, which requires Internet Service Providers to report violations of child pornography laws, by increasing the criminal penalties for knowing and willful failure to do so, and also establishing a new civil penalty for negligently failing to do so. The second would require warning labels to be placed on commercial websites containing sexually explicit material. The third would extend administrative subpoena power currently available under 18 U.S.C. § 3486 to obscenity investigations. And the fourth would add violations of 18 U.S.C. §§ 2252A and B as predicates for RICO and money laundering charges."

Other FBI Uses of Information Technologies. Mueller also used his October 17 speech to discuss other uses of information technologies by the the Department of Justice (DOJ), and other law enforcement agencies. He said that "Technology is helping us to do our jobs better".

He stated that "Just as technology can be a tool for criminals, it is also aiding our efforts to protect communities from crime and terrorism. Through technology, we are building stronger connections within the law enforcement community. We continue to provide support through a number of information sharing efforts underway across the country, including our fingerprint, DNA and criminal justice databases."

He discussed the FBI's Criminal Justice Information Services (CJIS) Division's Integrated Automoated Fingerprint Identification System (IAFIS).

He said that the "IAFIS supports law enforcement agencies by providing identification responses to electronic fingerprint submissions. Last year, IAFIS received over 23 million fingerprint submissions, almost 65 thousand per day. We are moving forward with the Next Generation Identification system, which will expand on the capabilities of IAFIS to include additional biometrics such as palm prints, tattoos and scars, along with facial recognition. CODIS continues to refine its ability to gather evidence from tiny bits of DNA. So often, the evidence that is invisible to the eye is that which cracks the case."

Finally, he discussed the FBI's Law Enforcement National Data Exchange (N-DEx). He said that "Just as IAFIS brought together disparate fingerprint systems into a common system, N-DEx will do the same for crime report data gathered by federal, state and local agencies. It will correlate data from major FBI databases, such as NCIC, into a national system that will allow us to perform nationwide inquiries in a matter of seconds. N-DEx will allow officers in different cities to collaborate and pursue joint investigations through “virtual task forces” and “on-line investigative teams.”"

Back on January 26, 2005, the FBI released a memorandum from Zalmai Azmi, Chief Information Officer of the FBI, to Glenn Fine, Inspector General of the DOJ. Azmi addressed, among other information technology projects, the N-DEx.

He wrote that "we are well on our way toward implementing the Law Enforcement National Data Exchange (N-DEx). The N-DEx will provide federal, state, municipal and tribal law enforcement with a system to collect, process, and disseminate criminal and investigative data. This national information sharing program will provide the Law Enforcement Community with: Information about methods of criminal operation identified by national contributors; arrestee/indictor information; victim information; suspect information; and other ongoing criminal and investigative information."

He added that "N-DEx will provide a national law enforcement "pointer" to more detailed indices, case, and intelligence information. It will provide for automated direct electronic input from local, tribal, state, and federal agencies, as well as interactive responses."

Azmi also wrote that "N-DEx is fully integrated with the Global Justice XML initiative for improving interoperability of all criminal justice information systems under one standard. N-DEx is also fully integrated with the DOJ Law Enforcement Information Sharing Program (LEISP) plan. In short, the FBI's capacity to access, analyze, and share data internally and externally has improved considerably since the OIG began this audit, strengthening our ability to predict and prevent acts of terrorism and otherwise supporting our national security mission."

More TLJ Stories. See also, story titled "Gonzales Proposes Data Retention Mandate, Web Site Labeling, and Ban on Deceptive Source Code" in TLJ Daily E-Mail Alert No. 1,357, April 25, 2006; stories titled "House Commerce Committee Considers Data Retention Mandate" and "Gonzales Says Foreign Governments Should Have Access to Information Collected under Data Retention Mandatein" in TLJ Daily E-Mail Alert No. 1,365, May 8, 2006; and story titled "Senate Ratifies Convention on Cybercrime" in TLJ Daily E-Mail Alert No. 1,425, August 4, 2006.

10/17. The Electronic Frontier Foundation (EFF) filed a complaint [PDF] in U.S. District Court (DC) against the Department of Justice (DOJ) alleging violation of the federal Freedom of Information Act (FOIA) in connection with its failure to process its FOIA requests for records related to the Federal Bureau of Investigation's (FBI) program titled "Investigative Data Warehouse" (IDW).

The FBI is a component of the DOJ.

FBI Director Robert Mueller addressed the IDW in his prepared testimony for a hearing of the Senate Judiciary Committee (DOJ) titled "FBI Oversight" on May 2, 2006.

Mueller wrote then that "other technology initiatives, such as the Investigative Data Warehouse (“IDW”), have surpassed our expectations. As this Committee knows, the IDW is a centralized repository for relevant counterterrorism and investigative data that allows users to query the information using advanced software tools. IDW now contains over 560 million FBI and other agency documents from previously stove-piped systems. Nearly 12,000 users can access it via the FBI’s classified network from any FBI terminal throughout the globe. And, nearly thirty percent of the user accounts are provided to task force members from other local, state and federal agencies."

The EFF is represented by David Sobel and Marcia Hoffman. Sobel previously litigated FOIA claims for the Electronic Privacy Information Center (EPIC).

Sobel stated in a release that "Americans deserve to know what information is collected under what circumstances, and who has access to it. ...  And what if this database contains false information about you? How would you correct that? These are serious questions that the FBI needs to answer."

The complaint states that on August 25, 2006, the EFF submitted a request for records "listing, describing or discussing the categories of individuals covered by the IDW; ... listing, describing or discussing the categories of records in the IDW; ... listing, describing or discussing criteria for inclusion of information in the IDW; ... describing or discussing any FBI determination that the IDW is, or is not, subject to the requirements of the Privacy Act of 1974; and ... describing or discussing any FBI determination that the IDW is, or is not, subject to federal records retention requirements, ..."

The complaint adds that on September 1, the EFF submitted a second request for "1) records describing data expungement, restriction or correction procedures for the IDW; 2) privacy impact statements created for the IDW; and 3) results of audits conducted to ensure proper operation of the IDW."

The complaint states that the EFF has not received responsive records, and that the DOJ has not processed its requests. It asks the District Court to compel the DOJ to process the requests.

The FOIA is codified at 5 U.S.C. § 552. Subsection (a)(6) provides, in part, that "Each agency, upon any request for records made under paragraph (1), (2), or (3) of this subsection, shall -- (i) determine within 20 days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of any such request whether to comply with such request and shall immediately notify the person making such request of such determination and the reasons therefor ..."

Federal agencies, including the DOJ, frequently violate this statute. Federal courts rarely provide timely or meaningful enforcement of the statute.

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The House will not meet. It may return from it elections recess on Monday, November 13, 2006. The adjournment resolution, HConRes 483, provides for returning on Thursday, November 9, at 2:00 PM.

The Senate will not meet. See, HConRes 483.

10:30 AM. The The Heritage Foundation will host a program titled "Developing the U.S.-India Economic Relationship". The speaker will be Arun Shourie, a Member of the Upper House of the Indian Parliament. See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Introduction to Export Controls". The speakers will include Thomas Scott (Weadon & Associates) and Carol Kalinoski (Kalinoski & Associates). The price to attend ranges from $90-$135. For more information, call 202-626-3488. See, notice and notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

Day one of a two day meeting of the Department of Labor's (DOL) Bureau of Labor Statistics' (BLS) Business Research Advisory Council (BRAC). See, notice in the Federal Register, October 2, 2006, Vol. 71, No. 190, at Pages 58013-58014. Location: Conference Center, Postal Square Building, 2 Massachusetts Ave., NE.

Day one of a two day conference hosted by the National Institute of Standards and Technology (NIST) titled "Moving Towards Interoperability -- Technologies for Affordable, Accessible Healthcare". See, notice. The price to attend is $195. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

12:00 NOON - 1:00 PM. The Heritage Foundation will host a panel discussion titled "Export Control Policy in the Age of Globalization: The View From The Defense Industry". The speakers will be Robert Bauerlein (Boeing), Charles Jameson (Northrop Grumman), and Baker Spring (Heritage). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

12:30 - 2:00 PM. The DC Bar Association will host a panel discussion titled "Universal Service: What is on the Horizon?". The speakers will include James Reid (assistant to Sen. John Rockefeller (D-WV)), Paul Garnett (CTIA-The Wireless Association), Eric Einhorn (AT&T), Lisa Zaina (Exec. Dir. of the Independent Telephone and Telecommunications Alliance), and Kathleen Grillo (Verizon). The price to attend ranges from $15 to $20. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street, NW, B-1 Level.

Day one of a two day event hosted by the Information Technology Association of America (ITAA) titled "ITAA Identity Management Conference 2006". See, notice. The speakers will include Rep. Tom Davis (R-VA), Robert Cresanti (Under Secretary of Commerce for Technology), and Frank Moss (Deputy Assistant Secretary Passport Services, Department of State). For more information, contact Jennifer Kerber at jkerber at itaa dot org. Location: Sheraton Premiere Tysons Corner, VA.

Day one of a three day convention of the American Intellectual Property Law Association (AIPLA) titled "2006 Annual Meeting". See, convention web site. Location: Marriott Wardman Park, 2660 Woodley Park Road, NW.

Day two of a two day meeting of the Department of Labor's (DOL) Bureau of Labor Statistics' (BLS) Business Research Advisory Council (BRAC). Some of the many items on the agenda may be technology related. On October 19, from 8:30 - 10:00 AM, the Committee on Productivity and Foreign Labor Statistics will meet. Its agenda includes "Update on manufacturing compensation costs in China and India", "Cross-Country Comparisons of Consumer Price Indexes", "Update on International Technical Cooperation", and "Are Those Who Bring Work Home Really Working Longer Hours?" See, notice in the Federal Register, October 2, 2006, Vol. 71, No. 190, at Pages 58013-58014. Location: Conference Center, Postal Square Building, 2 Massachusetts Ave., NE.

Day two of a two day conference hosted by the National Institute of Standards and Technology (NIST) titled "Moving Towards Interoperability -- Technologies for Affordable, Accessible Healthcare". See, notice. The price to attend is $195. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a panel discussion titled "Copyright 'Modernization': What is the Agenda on Capitol Hill?" The speakers will included Patrick Ross (PFF), Joe Keeley (Counsel to the House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property), David Jones (Counsel for the Senate Judiciary Committee's Subcommittee on Intellectual Property, and Amy Levine (legislative counsel to Rep. Rick Boucher (D-VA)). See, notice and registration page. Lunch will be served. Location: Room B-354, Rayburn Building.

1:30 PM. The U.S. District Court (DC) will hold a status conference in Cisco Systems v. Teles AG Informationstechnologien, D.C. No. 1:2005-cv-02048-RBW, a patent case. Judge Reggie Walton will preside. Location: Courtroom 5.

Day two of a two day event hosted by the Information Technology Association of America (ITAA) titled "ITAA Identity Management Conference 2006". See, notice. The speakers will include Rep. Tom Davis (R-VA), Robert Cresanti (Under Secretary of Commerce for Technology), and Frank Moss (Deputy Assistant Secretary Passport Services, Department of State). For more information, contact Jennifer Kerber at jkerber at itaa dot org. Location: Sheraton Premiere Tysons Corner, VA.

Day two of a three day convention of the American Intellectual Property Law Association (AIPLA) titled "2006 Annual Meeting". Location: Marriott Wardman Park, 2660 Woodley Park Road, NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) [77 pages in PDF] regarding the service rules that primarily govern wireless licenses in the 698-746, 747-762, and 777-792 MHz bands (700 MHz Band) currently occupied by television broadcasters and being made available for new services as a result of the DTV transition. This NPRM is FCC 06-114 in WT Docket No. 06-150, CC Docket No. 94-102, and WT Docket No. 01-309. The FCC adopted this NPRM on August 3, 2006, released it on August 10, 2006. See, notice in the Federal Register, August 21, 2006, Vol. 71, No. 161, at Pages 48506-48527, and notice in the Federal Register, September 29, 2006, Vol. 71, No. 189, at Pages 57455-57456. See also, FCC release [PDF] that describes this NPRM.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its Draft Special Publication 800-94 [123 pages in PDF], titled "Guide to Intrusion Detection and Prevention (IDP) Systems".

Day three of a three day convention of the American Intellectual Property Law Association (AIPLA) titled "2006 Annual Meeting". Location: Marriott Wardman Park, 2660 Woodley Park Road, NW.

5:30 - 8:00 PM. The Center for Democracy and Technology (CDT) will host an event titled "University Start-Ups Capitol Hill Reception". See, notice. For more information, or to RSVP, contact rsvp at netcaucus dot org or 202-638-4370. Location: __.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "How to Handle Opposition and Cancellation Actions Before the Trademark Trial and Appeal Board". The speakers will include Judges Karen Kuhlke and Jeffrey Quinn (Trademark Trial and Appeal Board) and Gary Krugman (Sughrue Mion). The price to attend ranges from $90-$115. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding its media ownership rules. The FCC adopted this FNPRM on July 21, 2006, and released the text [36 pages in PDF] on July 24, 2006. See also, story titled "FCC Adopts FNPRM on Rules Regulating Ownership of Media" in TLJ Daily E-Mail Alert No. 1,397, June 22, 2006. This FNPRM is FCC 06-93 in MB Docket No. 02-277, MM Docket No. 01-235, MM Docket No. 01-317, MM Docket No. 00-244, and MB Docket Nos. 06-121. See also, original notice in the Federal Register, August 9, 2006, Vol. 71, No. 153, at Pages 45511-45515, and order [PDF] extending deadlines.

12:00 NOON - 2:00 PM. The Alliance for Public Technology (APT) and the National Caucus and Center on Black Aged (NCBA) will host a brown bag lunch titled "Older Adults, Broadband and the Future of the Internet". The speaker will be Kristin Fabos (SeniorNet). Location: NCBA, Suite 800, 1220 L Street, NW.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Fall Reception with the FCC Bureau Chiefs". See, registration form [PDF]. The price to attend ranges from $15 to $100. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.

6:00 - 8:15 PM. The DC Bar Association's Intellectual Property Law Section, and other Sections, will host a continuing legal education (CLE) seminar titled "Estate Planning for Artists, Authors and Collectors". The speakers will include Janet Fries (Drinker Biddle & Reath) and Ann Garfinkle (Whiteford Taylor & Preston). The price to attend ranges from $90 to $135. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

TIME? Federal Aviation Administration's (FAA) Commercial Space Transportation Advisory Committee's (COMSTAC) Working Groups on Technology and Innovation, Reusable Launch Vehicle, Risk Management, and Launch Operations and Support will meet. See, notice in the Federal Register, September 15, 2006, Vol. 71, No. 179, at Page 54550. Location: __.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice [9 pages in PDF] of October 13, 2006, and public notice [7 pages in PDF] of September 16, regarding the merger of AT&T and BellSouth. This proceeding is WC Docket No. 06-74.

8:00 AM. The Federal Aviation Administration's (FAA) Commercial Space Transportation Advisory Committee (COMSTAC) will meet. See, notice in the Federal Register, September 15, 2006, Vol. 71, No. 179, at Page 54550. Location: FAA, Headquarters Building, Bessie Coleman Conference Center, 2nd floor, 800 Independence Ave., SW.

10:00 AM. The Consumer Electronics Association (CEA), Public Knowledge (PK), Media Access Project (MAP) will host a news conference to launch a "Digital Freedom campaign". The speakers will include Gary Shapiro (CEA), Gigi Sohn (PK), and Harold Feld (MAP). For more information, contact Jennifer Stoltz at 202-448-3145 or jstoltz at qorvis dot com. Location: National Press Club, Main Ballroom, 13th Floor, 529 14th Street, NW.

10:00 AM. The Federal Communications Commission's (FCC) Technological Advisory Council will hold a meeting. Location: FCC, Commission Meeting Room, TW-C305 at 445 12th St., SW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Export Controls and Economic Sanctions Recent Developments and Current Issues". The speakers will include Thomas Scott (Weadon & Associates) and Carol Kalinoski (Kalinoski & Associates). The price to attend ranges from $90-$135. For more information, call 202-626-3488. See, notice and notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the intercarrier compensation reform plan known at the Missoula Plan. This proceeding is titled "Developing a Unified Intercarrier Compensation Regime" and numbered CC Docket No. 01-92. See, notice in the Federal Register: September 13, 2006, Vol. 71, No. 177, at Pages 54008-54009.