1/4. Sen. Max Baucus (D-MT), the incoming Chairman of the Senate Finance Committee wrote a short essay titled "A Democratic Trade Agenda", which was published in the January 4, 2007, issue of the Wall Street Journal. He advocated extending trade promotion authority (TPA), free trade agreements (FTAs), an FTA in services, and FTA with Japan and the EU.

Sen. Baucus has long advocated free trade, and will soon become Chairman of the SFC, which has trade related jurisdiction. There may be enough votes in the Senate, with its greater representation of small population export dependent states, to approve an extension of TPA. However, approval of TPA by the House in 2001 was a close run thing. See, stories titled "House Passes Trade Promotion Authority Bill", "Analysis of the TPA Vote", "Technology, IPR and TPA", and "215 to 214" in TLJ Daily E-Mail Alert No. 323, December 7, 2001.

There would probably not be enough votes to extend TPA in the current House even if the membership of the 109th Congress had returned, and the Republicans had maintained control of the agenda. With many new protectionist Democrats in the House, and an anti-trade Democratic leadership, the chances for extension of TPA by the House are now slim.

Sen. Baucus (at right) wrote that "At a time when our country's competitive strength depends increasingly on an aggressive trade policy, Americans are far less willing to embrace one. Many equate trade and globalization with ballooning deficits, stagnating wages and layoffs." He added that "U.S. policy has lurched frantically from one trade agreement to the next, eking out just enough votes to push each one through Congress."

He argued that "Congress should begin by renewing the administration's fast-track negotiating authority for trade agreements. The current grant expires in June, and trading partners will not negotiate trade agreements with us unless Congress gives the president the ability to bring these agreements to fruition." But he added, it should be with "better trade enforcement capability and better environmental and labor provisions".

He also argued that "we must refocus current trade efforts". He stressed the importance of the Doha round, but conceded that "the world's economies do not appear ready to make the hard choices". However, he predicted that "Doha may yet progress in time, as the Uruguay round did after 1990".

In the meantime, the US "should move forward on commercially significant initiatives with our largest trading partners. We should lay the foundations for a future free-trade agreement with the European Union and Japan by concluding a first ever free-trade agreement in services." Also, the US "should stitch our current patchwork quilt of free-trade agreements into a seamless, coherent network that we can later open to other countries."

1/4. The following bills were introduced in the Senate on January 4, 2007. The following bill descriptions are taken from the Congressional Record.

Sen. Max Baucus (D-MT) introduced S 41, "A bill to amend the Internal Revenue Code of 1986 to provide incentives to improve America's research competitiveness". It was referred to the Senate Finance Committee (SFC).

Sen. Ted Stevens (R-AK) introduced S 49, "A bill to amend the Communications Act of 1934 to prevent the carriage of child pornography by video service providers, to protect children from online predators, and to restrict the sale or purchase of children's personal information in interstate commerce". It was referred to the Senate Commerce Committee (SCC).

Sen. Stevens, Sen. Norm Coleman (R-MN), and Sen. David Vitter (R-LA) introduced S 92, "A bill amend the Communications Act of 1934 to prohibit the unlawful acquisition and use of confidential customer proprietary network information, and for other purposes". It was referred to the SCC.

Sen. Stevens introduced S 93, "A bill to authorize NTIA to borrow against anticipated receipts of the Digital Television and Public Safety Fund to initiate migration to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications". It was referred to the SCC.

Sen. Stevens, Sen. Trent Lott (R-MS), and Sen. Kay Hutchison (R-TX) introduced S 101, "A bill to update and reinvigorate universal service provided under the Communications Act of 1934". It was referred to the SCC.

Sen. Baucus and Sen. Coleman introduced S  122, "A bill to amend the Trade Act of 1974 to extend benefits to service sector workers and firms, enhance certain trade adjustment assistance authorities, and for other purposes". It was referred to the SFC.

Sen. Wayne Allard (R-CO) introduced S 129, "A bill to study and promote the use of energy-efficient computer servers in the United States". It was referred to the Senate Energy and Natural Resources Committee.

Sen. Charles Schumer (D-NY) introduced S 139, "A bill to expedite review by the Supreme Court of the warrantless electronic surveillance program of the National Security Agency". It was referred to the Senate Judiciary Committee (SJC)

Sen. Schumer and Sen. Mike Crapo (R-ID), introduced S 140, "A bill to amend the Internal Revenue Code of 1986 to repeal the excise tax on telephone and other communications services". It was referred to the SFC.

Sen. Harry Reid (D-NV), Sen. Ron Wyden (D-OR), Sen. John McCain (R-AZ), and Sen. John Sununu (R-NH) introduced S 156, "A bill to make the moratorium on Internet access taxes and multiple and discriminatory taxes on electronic commerce permanent". It was referred to the SCC.

Sen. McCain, Sen. Jim DeMint (R-SC), Sen. Gordon Smith (R-OR), and Sen. Sununu introduced S 166, "A bill to restrict any State from imposing a new discriminatory tax on cell phone services". It was referred to the SFC.

Sen. John Ensign (R-NV), Sen. Larry Craig (R-ID), Sen. DeMint, Sen. Tom Coburn (R-OK), Sen. Stevens, Sen. McCain, Sen. Vitter, and Sen. Crapo introduced S 170, "A bill to amend the Internal Revenue Code of 1986 to repeal the excise tax on telephone and other communications services". It was referred to the SFC.

Sen. Arlen Specter (R-PA) introduced S 187, "A bill to provide sufficient resources to permit electronic surveillance of United States persons for foreign intelligence purposes to be conducted pursuant to individualized court-issued orders for calls originating in the United States, to provide additional resources to enhance oversight and streamline the procedures of the Foreign Intelligence Surveillance Act of 1978, to ensure review of the Terrorist Surveillance Program by the United States Supreme Court, and for other purposes". It was referred to the SJC.

12/14. The U.S. District Court (DUtah) sentenced Ryan James Fisher to 24 months in prison following his plea of guilty to one count of unauthorized access to a protected computer in violation of 18 U.S.C. § 1030(a)(5)(A)(i) & (a)(5)(B). Fisher accessed the computer of a small Wi-Fi service provider to cut off service to customers.

Introduction. Section 1030 was originally enacted in 1984. However, it has been substantially amended by the USA PATRIOT Act in 2001 (Public Law No. 107-56), by the Homeland Security Act of 2002 (Public Law No. 107-296), and by the 21st Century Department of Justice Appropriation Authorization Act (Public Law No. 107-273), which was a huge composite bill enacted in 2002.

Some language in Section 1030 lacks clarity on its face. It broadly prohibits unauthorized access to protected computers. But more significantly, the technology and activities to which this section applies is rapidly evolving. The DOJ has brought over 100 criminal prosecutions since 1998.

There is a list of Section 1030 prosecutions since 1998 with hyperlinks to Department of Justice (DOJ) press releases in the web site of the DOJ's Computer Crimes and Intellectual Property Section (CCIPS). It contains cursory information, and hyperlinks to DOJ press releases. It lists 118 criminal prosecutions. It does not list any civil 1030 actions.

This is a relatively small number of cases. There have been few published court opinions. Moreover, the DOJ has not published any recent guidelines explaining its understanding of the statute, what activities it considers to be prohibited, or what cases it considers worth prosecuting.

Hence, there is uncertainty as to what actions are prohibited by Section 1030, and what the DOJ may prosecute. The present case provides a little guidance, and adds some new uncertainty.

The present case does not fit into any of the the common categories of prior Section 1030 prosecutions, such as theft of credit card data, theft of trade secrets, or malicious destruction of data. In this case the defendant accessed a computer of a small town Wi-Fi service provider to temporarily terminate Wi-Fi service to its customers.

This case may be noteworthy because one of the DOJ's theories regarding damages is based upon interference in unlicensed spectrum bands.

This case might also provide some indication as to current DOJ thinking regarding the use of Section 1030 in the context of pretexting related conduct.

Details of the Case. A grand jury of the U.S. District Court (Utah) returned a one count indictment on February 15, 2006. See, DOJ release. Fisher entered into a plea agreement on July 13, 2006. The District Court sentenced him on December 14, 2006. See, DOJ release [PDF]. This case was brought in Utah, and was nominally handled by the U.S. Attorney's Office in Utah.

A representative of the US Attorneys Office for the District of Utah told TLJ that no one from that office would discuss the case because it was handled by the Department of Justice (DOJ) in Washington DC. One name that appears on the indictment and plea agreement is Scott Garland, who is a Special Counsel in the DOJ's Computer Crimes and Intellectual Property Section (CCIPS). A representative of the DOJ wrote to TLJ to "respectfully decline your interview request".

This case arose in the small town of Vernal, Utah, which lies in a sparsely populated area east of Salt Lake City, near the northwest corner of the state of Colorado.

The indictment states that this is a "Computer Hack" case in which the defendant, Fisher, accessed, without authorization, the computers of a Wi-Fi internet access service provider to terminate its service to its Wi-Fi customers.

The indictment alleges, and Fisher admits in the plea agreement, that he previously worked for SBT Internet, a small service provider in Vernal, and later became the owner of a competing ISP. However, neither document identifies Fisher's purpose in terminating internet access of SBT's and UT1's customers' service. Both documents state that Fisher disagreed with SBT about financial and business issues. Hence, his acts may have been motivated by malice against SBT. Both documents state that Fisher became a competitor of SBT and UT1. Hence, his acts may have been motivated by a desire to win new customers through unfair competition practices.

TLJ spoke with Fisher. He said that he terminated service to SBT customers. He said that the business issue referenced in the plea agreement was that someone stole equipment from him, went to work for SBT, and took the equipment with him. He said that the financial issue was abuse of tax power. He stated that the wife of the owner of SBT works in the county assessor's office, and threatened to seize his property for failure to pay local taxes. He said that he did not owe the asserted tax debt.

Statute. Subsection (a)(5) provides that anyone who:

  "(A)(i) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer; (ii) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or (iii) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage; and
  (B) by conduct described in clause (i), (ii), or (iii) of subparagraph (A), caused (or, in the case of an attempted offense, would, if completed, have caused) -- (i) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value; (ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals; (iii) physical injury to any person; (iv) a threat to public health or safety; or (v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security;"

RF Interference. One element of Subsection (a)(5)(A)(i) is "damage". Subsection (a)(5)(B) then elaborates that the damage requirement can be met by loss of "at least $5,000 in value", or through several non-monetary criteria, such as "physical injury to any person". This case is based upon monetary loss of at least $5,000.

The indictment and plea agreement lack clarity on the nature of the damages. Both recite that there was $5,000 in damages. The plea agreement provides at least three sources of loss. First, internet users lost their service. Second, SBT spent time remedying the changes made by Fisher. Third, the plea agreement discusses, in vague terms, radio frequency interference as a cause of damage.

Wi-Fi devices use unlicensed spectrum bands. Users of these bands need not obtain FCC spectrum licenses. As a consequence, Wi-Fi operators and users must accept the possibility of interference from others. See especially, 47 C.F.R. § 15.5(b).

The FCC reaffirmed this principle in its Logan Airport Wi-Fi proceeding. It wrote in its order that "The spectrum used by these unlicensed Wi-Fi systems may be used by any type of unlicensed device that meets the Commission’s rules. The Commission has authorized a wide variety of consumer products for this frequency band, including Bluetooth devices, ad hoc wireless local area network devices, RF ID devices, cordless telephones, etc. All of these devices operate under the conditions that they may not cause harmful interference and must accept any interference received, including interference caused by other unlicensed devices."

See, story titled "FCC Rules Boston Airport Cannot Regulate WiFi" in TLJ Daily E-Mail Alert No. 1,481, November 2, 2006. See also, the FCC's Memorandum Opinion and Order [25 pages in PDF]. This is FCC 06-157 in ET Docket No. 05-247.

Nevertheless, the plea agreement in the Fisher case suggests that it may be the DOJ's understanding that interference in unlicensed bands can form the basis of the damage element in a Section 1030 action.

The plea agreement includes this recitation by Fisher. "Because Wi Fi Internet service providers use radio frequencies to send and receive data, the transmission from one Wi Fi Internet service provider can interfere with the transmissions from another Wi Fi Internet service provider if individual providers do not operate with certain agree-upon parameters. There are also other factors that can affect radio frequency transmissions. As a result of my programs, information, codes, and commands effectively terminating the Internet access of SBT's customers, each of these customers' access points, in their normal operation to regain network connectivity, began to repeatedly broadcast radio signals on frequencies, some of which were used by at least one other Wi Fi Internet service provider who provided Wi Fi Internet services in the same geographic areas as SBT, namely UT1."

Fisher told TLJ that he caused no interference problem. Rather, he said that SBT "overpowered it access points". He said that the above quoted paragraph is "weird", that he did not draft it, and that he signed the plea agreement for reasons of expediency despite this paragraph.

HP and Pretexting. It may also be noteworthy that the defendant, Fisher, accessed a computer to cut off a communications service. This is also a tactic used by persons attempting to acquire confidential phone records.

That is, the House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations investigation into Hewlett Packard and communications industry pretexting in 2006 revealed that data predators sometimes cut off a victim's communications service for which it cannot obtain data, to induce the victim to use another communications service, such as cell phone service, for which the predator can obtain records.

See, stories titled "Summary of Existing Federal Laws Related to Pretexting" and "Federal Criminal Statutes Related to Pretexting" in TLJ Daily E-Mail Alert No. 1,463, October 6, 2006.

Also, the state of California, which has brought criminal charges against persons involved in the HP pretexting scandal, charged violation of California's state computer fraud and abuse statute. See, story titled "California Charges Patricia Dunn and Others With Four Felonies", in TLJ Daily E-Mail Alert No. 1,462, October 5, 2006.

While Fisher had no motive related to obtaining confidential personal information, this case suggests that the DOJ might use Section 1030 to prosecute certain pretexting related conduct.

Other Wi-Fi Issues. There are a number of other Wi-Fi related factual scenarios that might give rise to a Section 1030 prosecution. This case shows that there is at least one Wi-Fi computer access scenario that the DOJ may prosecute. But, it reveals nothing about what other Wi-Fi related scenarios might result in criminal prosecution.

More Information. Scott Garland, other attorneys in the CCIPS, and attorneys in the US Attorneys Office in Utah will not speak with TLJ regarding this case, or other issues related to this case. TLJ has also contacted several persons at the Federal Communications Commission (FCC), all of whom did not return calls, or provided no responsive information.

Persons interested in learning more about the DOJ's understanding of Section 1030 may find a January 23 luncheon informative. Eric Wenger, a Trial Attorney in the CCIPS will speak at a luncheon titled "Federal Computer Crimes" on Tuesday, January 23, 2007, at 12:15 PM. The event is sponsored by the Federal Communications Bar Association's (FCBA) Common Carrier Committee. However, he may focus on issues unrelated to what is prosecutable under Section 1030, such as data retention requirements for ISPs. The price to attend ranges from $25 to $60. The deadline for registrations and cancellations is 5:00 PM on January 19. See, registration form [PDF]. This luncheon will be held at the offices of the law firm of Wiley Rein & Fielding, 1776 K Street, NW.

See also, Scott Garland's September 13, 2006, outline titled "Computer and Intellectual Property Crimes". He spoke at the University of Michigan law school.

This case is USA v. Ryan James Fisher, U.S. District Court for the District of Utah, D.C. No. 2:06 CR 00080 PGC.

1/4. President Bush announced his intent to nominate Richard Russell (at right) to be U.S. Representative to the World Radio Communication Conference. See, White House release. He is currently Associate Director of the President's Office of Science and Technology Policy (OSTP). Before that, he worked on the newly elected President Bush's transition teams for the Department of Commerce (DOC), National Science Foundation (NSF) and OSTP. Before that, he worked for the House Science Committee, including as Chief of Staff.

1/5. President Bush announced his intent to nominate John Negroponte to be Deputy Secretary of State at the Department of State (DOS). He is currently Director of National Intelligence. He has also been Ambassador to Iraq, and the Representative of the U.S. to the United Nations. See, White House release, and transcript of White House event. This position has been vacant since last summer when Robert Zoellick left the DOS.

1/5. President Bush announced his intent to nominate Michael McConnell to be Director of National Intelligence. He is currently an SVP at Booz Allen Hamilton. Previously, he was Director of the National Security Agency (NSA). McConnell previously served in the U.S. Navy, retiring in 1996, at the rank of Vice Admiral. See, White House release, and transcript of White House event.

The House will meet at 9:00 AM.

EXTENDED TO JANUARY 31. Deadline to submit reply comments to the Federal Communications Commission (FCC) to assist the Wireless Telecommunications Bureau (WTB) in drafting a report on the ability of persons with hearing disabilities to access digital wireless telecommunications. This proceeding is WT Docket No. 06-203. See, original FCC Public Notice [4 pages in PDF] (DA 06-2285) and Public Notice (DA 06-2498) extending deadlines.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding its collection of data regarding Specialized Mobile Radio (SMR) systems in the 800 MHz band. See, notice in the Federal Register, December 6, 2006, Vol. 71, No. 234, at Page 70765.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding competitive bidding procedures for Auction No. 72, the Phase II 220 MHz spectrum licenses auction scheduled to commence on June 20, 2007. See, notice in the Federal Register, December 20, 2006, Vol. 71, No. 244, at Pages 76332-76336.

The House will meet. It may consider legislation related to recommendations of the 9/11 Commission.

9:00 AM. The President's Council of Advisors on Science and Technology (PCAST) will meet. See, notice in the Federal Register, December 22, 2006, Vol. 71, No. 246, at Page 77019-77020. The PCAST web site states that this meeting will take place on January 9-10. Location: Congressional Ballroom, Renaissance Hotel, 999 9th St., NW.

9:30 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing titled "Ensuring Full Implementation of the 9/11 Commission’s Recommendations". See, notice. Location: Room 342, Dirksen Building.

10:00 AM. The Supreme Court will hear oral argument in Sinochem International v. Malaysia International Shipping, a petition for writ of certiorari to the U.S. Court of Appeals (3rdCir) in a case involving personal jurisdiction and the doctrine of forum non conveniens. See, SCUS calendar.

12:15 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host a brown bag lunch titled "New rules for AM and FM allotments and channel assignments". The speakers will include Tom Nessinger and Jim Bradshaw of the FCC's Audio Division. For more information, contact David OConnor at david.oconnor at hklaw dot com or 202-828-1889. Location: Holland & Knight, Lower Level, 2099 Pennsylvania Ave., NW.

12:30 PM. Sen. Ted Kennedy (D-MA) will give a speech. Location: National Press Club, 529 14th St. NW, 13th Floor.

2:00 - 4:00 PM. The American Enterprise Institute (AEI) will host a book forum for John Taylor, author of Global Financial Warriors: The Untold Story of International Finance in the Post 9-11 World [Amazon]. The speakers will be Taylor (former Treasury Under Secretary for International Affairs), John Lipsky (International Monetary Fund), Faryar Shirzad (Goldman Sachs), and Steven Davis (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

The House will meet. It may consider legislation related to increasing the minimum wage.

10:00 AM. The Senate Finance Committee will hold a hearing titled "Tax Incentives for Businesses in Response to a Minimum Wage Increase". See, notice. Location: Room 215, Dirksen Building.

11:00 AM - 12:30 PM. The National Science Foundation's (NSF) National Science Board Commission on 21st Century Education in Science, Technology, Engineering, and Mathematics will meet on site and by teleconference. See, notice in the Federal Register, December 29, 2006, Vol. 71, No. 250, at Page 78468. Location: NSF, Room 545, Stafford II Building, 4121 Wilson Blvd., Arlington, VA.

12:00 NOON - 1:00 PM. The Federal Communications Bar Association's (FCBA) Annual Seminar Committee Committee will host a brown bag lunch. For more information, contact Yaron Dori at ydori at hhlaw dot com or 202-637-5458. Location: Harris Wiltshire & Grannis, 1200 18th Street, NW.

2:00 PM. The House Armed Services Committee (HASC) will meet to organize for the 110th Congress. Location: Room 2118 Rayburn Building.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Patent Law for Non-Patent Lawyers". The speakers will include Anthony Son (Foley & Lardner) and Elizabeth Brenner (Rothwell Figg Ernst & Manbeck). The price to attend ranges from $80 to $135. For more information, call 202-626-3488. See, notice. Location: DC Bar Conference Center, 1250 H St NW B-1 Level.

The Federal Communications Commission (FCC) is scheduled to commence Auction No. 68 (FM broadcast auction). See, October 6, 2006, FCC Public Notice [60 pages in PDF] (DA 06-1949).

The House will meet. It may consider legislation related to stem cell research.

TIME? The Department of Homeland Security's (DHS) Homeland Security Advisory Council will hold a partially closed meeting. See, notice in the Federal Register, December 22, 2006, Vol. 71, No. 246, at Page 77039. Locations: the open portions of the meeting will be held in the Congressional Room, Lobby Floor, Hyatt Regency Washington, 400 New Jersey Ave., NW. The closed portions will be held in the Thornton Room of the Hyatt Regency Washington, and at an undisclosed location.

? 9:30 AM - 5:00 PM. The Antitrust Modernization Commission (AMC) will meet to "deliberate on its report and/or recommendations to Congress and the President regarding the antitrust laws." See, notice in the Federal Register, December 15, 2006, Vol. 71, No. 241, at Pages 75495-75496. Location: Morgan Lewis, Main Conference Room, 1111 Pennsylvania Ave., NW.

12:00 NOON - 1:30 PM. The DC Bar Association will host a program titled "Current Topics in Patent Law: Vanquishing the Patent Troll". The speakers will include Robert Resis (Banner & Witcoff). The price to attend ranges from $20 to $30. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, 1250 H St NW B-1 Level.

12:15 - 1:40 PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch and fee based continuing legal education (CLE) seminar titled "Outsourcing Transactions". The FCBA stated that this lunch will address "Why do telecom companies do outsourcing transactions, what are they trying to accomplish, what issues arise in negotiating and drafting the agreements, and what are the best practices for addressing those issues?" The speakers will be Jonathan Spencer (VP and General Counsel of Shenandoah Telecommunications) and Glynna Christian (LeBoeuf Lamb). The price to attend ranges from $25 to $60. See, registration form [PDF]. Registrations and cancellations are due by 5:00 PM on January 9. For more information, contact Teresa Lloyd at tlloyd at llgm dot com or 202-986-8184 Location: Paul Hastings, 875 15th Street, NW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Trade Secrets in the District of Columbia, Maryland and Virginia". The speakers will include Milton Babirak (Babirak Vangellow & Carr). The price to attend ranges from $80 to $135. For more information, call 202-626-3488. See, notice. Location: DC Bar Conference Center, 1250 H St NW B-1 Level.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its 7th Further Notice of Proposed Rulemaking in its proceeding titled "Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service". This item proposes a new DTV Table of Allotments providing all eligible stations with channels for DTV operations after the DTV transition. The FCC adopted this item on October 10, 2006, and released it on October 20, 2006. See, story titled "FCC Adopts NPRM Proposing New DTV Table of Allotments" in TLJ Daily E-Mail Alert No. 1,473, October 23, 2006. This item is FCC 06-150 in MB Docket No. 87-268. See, notice in the Federal Register, November 15, 2006, Vol. 71, No. 220, at Pages 66591-66631.

Extended deadline to submit reply 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, and extension notice in the Federal Register, December 6, 2006, Vol. 71, No. 234, at Pages 70709-70710.

The House will meet. It may consider legislation related to prescription drugs.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Legislative and Mass Media Practice Committees will host a brown bag titled "Media Ownership Issues in the 110th Congress". For more information, contact Amy Levine at amy dot levine at mail dot house dot gov or 225-3861. Location: undisclosed.

2:30 PM. The National Science Foundation's (NSF) National Science Board's (NSB) Vannevar Bush Award Committee will hold a closed meeting. The NSB's web site states that this is awarded for "public service activities in science and technology". See, notice in the Federal Register, December 22, 2006, Vol. 71, No. 246, at Page 77071. Location: teleconference and NSF, 4201 Wilson Blvd., Arlington, VA.

5:00 PM. Deadline to submit requests to the Copyright Office (CO) to participate in the January 31, 2007, meeting of the Section 108 Study Group in Chicago, Illinois. See, 17 U.S.C. § 108 and notice in the Federal Register, December 4, 2006, Vol. 71, No. 232, at Pages 70434-70440.

EXTENDED FROM DECEMBER 15. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) to assist the Wireless Telecommunications Bureau (WTB) in drafting a report on the ability of persons with hearing disabilities to access digital wireless telecommunications. This proceeding is WT Docket No. 06-203. See, original FCC Public Notice [4 pages in PDF] (DA 06-2285) and Public Notice (DA 06-2498) extending deadlines.

1/5. The Copyright Royalty Judges, on behalf of the Copyright Royalty Board of the Library of Congress, published a notice in the Federal Register announcing the commencement of a proceeding "to determine the reasonable rates and terms for the making of an ephemeral recording of a sound recording for a later transmission by entities that transmit performances of a sound recording to business establishments". The deadline to file Petitions to Participate is February 5, 2006. Also, the filing fee is $150. See, Federal Register, January 5, 2007, Vol. 72, No. 3, at Pages 584-585.

1/4. The Investment Company Institute (ICI) stated that it released a draft taxonomy for XBRL tagging for the data in the risk/return summary at the front of mutual fund prospectuses. See, ICI release. (The ICI's hyperlink to this draft document references a blank page.) The Securities and Exchange Commission (SEC) issued a release praising this development. SEC Chairman Chris Cox stated that this brings "the potential of interactive data closer to reality for mutual fund customers. Completing the taxonomy for the mutual fund risk/return summary means that funds can now make this information available to investors in far more useful ways. Interactive data will transform static figures into dynamic databases that can readily be searched, analyzed, and compared. There is no more important place for application of this tool than mutual funds, where millions of Americans engage in comparison shopping every day. Retail investors rely on mutual funds to finance their retirement, their education, their health care and almost every other need. Today's announcement means they will soon be armed with better, more accessible information on which to base their investment decisions. The SEC will act quickly to facilitate the use of the new taxonomy in Commission filings".

1/4. The Department of Homeland Security (DHS) published a notice in the Federal Register regarding the DHS's Bureau of Customs and Border Protection interim agreement with the European Union pertaining to the transfer of passenger name record data. See, Federal Register, January 4, 2007, Vol. 72, No. 2, at Pages 348-351.

1/3. The Department of Homeland Security (DHS) released a report [179 pages in PDF] titled "Tactical Interoperability Communication Scorecards". This report contains assessments of interoperable communications capabilities in 75 urban and metropolitan areas in the U.S. The DHS stated in a release that "Policies for interoperable communications are now in place in all 75 urban and metropolitan areas", but that "Regular testing and exercises are needed to effectively link disparate systems and facilitate communications between multi-jurisdictional responders". See also, DHS and summary. The incoming Chairman of the House Homeland Security Committee (HHSC), Rep. Bennie Thompson (D-MS), stated in a release that "It's been five years since 9/11 and we still have a long way to go. Time and again, the lack of interoperable communication has hindered the ability of our first responders to successfully do their jobs. The only way to truly address this problem is to create an interoperability grant program that provides guidance and exclusive funding for states and cities to wisely build out their communications systems without forcing them to choose between funding their bridges and water supply."

12/29. The U.S. Court of Appeals (3rdCir) issued its opinion [14 pages in PDF] in Park v. US, a petition for review of an immigration judge's order for removal of a foreign citizen convicted of felony trademark counterfeiting. Yong Wong Park, a citizen of Korea, was previously convicted of trafficking in counterfeit goods or services in violation of the Trademark Counterfeiting Act of 1984, which is codified at 18 U.S.C. § 2320. He trafficking in counterfeit Nike and Tommy Hilfiger clothing. The Department of Homeland Security (DHS) then initiated removal proceedings pursuant to the Immigration and Nationality Act (INA). The INA, at 8 U.S.C. § 1227(a)(2)(A)(i), provides for removal of immigrants who have been "convicted of a crime involving moral turpitude committed within five years after admission for which a sentence of one year or longer may be imposed". The INA provides for removal for certain "aggravated felonies". 8 U.S.C. § 1101(a)(43)(R) provides that this includes "an offense relating to ... counterfeiting, ... for which the term of imprisonment is at least one year". The administrative law judge held that Park could be removed under the counterfeiting provisions, but under the "moral turpitude" provision. The Appeals Court denied the petition for review. It held that trademark counterfeiting is an offense involving counterfeiting within the meaning of the INA. That is, aliens can be deported for certain convictions for trademark counterfeiting. This case is Yong Wong Park v. U.S., U.S. Court of Appeals for the 3rd Circuit, App. Ct. No. 05-2054, a petition for review of a final order of the Board of Immigration Appeals.

12/28. The U.S. Attorney for the Southern District of Indiana charged Courtney Smith by information with one count of criminal copyright infringement. The complaint alleges that Smith reproduced and sold via eBay auction copies of Rockwell Automation software products. See, DOJ's Computer Crimes and Intellectual Property Section (CCIPS) stated in a release the Smith has informed the U.S. District Court (SDInd) that he intends to plead guilty.

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