1/22. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) filed a joint amicus curiae brief [PDF] on the merits with the Supreme Court in Leegin Creative Leather Products v. PSKS, Inc., an antitrust case that might affect electronic commerce and the marketing of consumer electronics products.

The DOJ/FTC wrote that "The question in this case is whether an agreement between a supplier and its dealer that sets the dealer's minimum retail price constitutes a per se violation of Section 1 of the Sherman Act, 15 U.S.C. 1, or is instead properly analyzed under the rule of reason."

It argued that "The per se rule against vertical minimum resale price maintenance (RPM) established in Dr. Miles is irreconcilable with this Court’s modern antitrust jurisprudence and cannot withstand analysis. That per se rule should be abandoned, and Dr. Miles should be overruled."

Section 1 of the Sherman Act, which is codified at 15 U.S.C. § 1, provides that "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal." Section 1 also contains a criminal prohibition.

The SCUS held in 1911 that intrabrand vertical price fixing by manufacturers or intermediate distributors is a per se violation of the Sherman Act. That is, a manufacturer cannot fix the minimum price at which retailers sell its product. See, opinion in Dr. Miles Medical Co. v. John D. Park & Sons Co., which is reported at 220 U.S. 373.

However, more recently the SCUS has rendered opinions that have eroded the Dr. Miles rule. For example, it has held that vertical nonprice restraints and maximum resale price maintenance are not per se unlawful under the antitrust laws. Yet, the basic rule remains that minimum resale price fixing is a per se violation.

The DOJ/FTC wrote that "By reducing intrabrand competition, RPM can stimulate interbrand competition by giving retailers incentives to promote the manufacturer’s brand in ways that are desirable for both consumers and the manufacturer. RPM may ensure sufficient margins and incentives for retailers to engage in beneficial point-of-sale services, because it prevents "free riding" by price-cutting dealers that would otherwise make it unprofitable for retailers to incur the cost of providing those services. That potential is magnified by the advent of high-volume Internet retailers. Even absent free riding, RPM may give retailers economic incentives to make additional non-price sales efforts, such as investing in attractive stores and locations or stocking greater quantities of a product in the face of uncertain consumer demand. And, at least for some products, RPM may also serve the manufacturer’s interest in preserving brand reputation and consumer loyalty."

It added that "The problem is exacerbated by catalog retailing and the advent of the Internet, as consumers may visit traditional, brick-and-mortar retailers to examine a product and select its features but then purchase the product at a discounted price from a catalog or on-line retailer, whose very lack of "bricks and mortar" affords point-of-sale services impossible and whose lack of expenses for bricks and mortar gives them a competitive advantage over traditional retailers who provide the services that some manufacturers desire."

The vote on the FTC to approve this brief was 3-2, with the three Republicans (Deborah Majoras, William Kovacic and Thomas Rosch) voting in favor, and the two Democrats (Pamela Harbour and Jonathan Liebowitz) voting against.

The CTIA, which represents wireless service providers, submitted an amicus brief [PDF] in support of granting certiorari, and an amicus brief [38 pages in PDF] on the merits in support of reversal. See, TLJ story which discussed the CTIA's first brief, titled "Supreme Court Grants Certiorari in Antitrust Cases" in TLJ Daily E-Mail Alert No. 1,501, December 8, 2006.

The dispute that gave rise to this case is not technology related. PSKS, which runs a women's clothing and accessories store, filed a complaint in the U.S. District Court (EDTex) against Leegin Creative Leather Products, which makes women's accessories, alleging violation of Section 1 of the Sherman Act, in connection with its manufacturer's suggested resale price policies. The District Court awarded $3.6 Million in treble damages to PSKS. The U.S. Court of Appeals (5thCir) affirmed in a non-precedential opinion [PDF]. The District Court and Court of Appeals both applied the antitrust per se violation rule to LCLP's imposing of a minimum price fixing agreement on its retailer, PSKS.

The Supreme Court granted certiorari on December 7, 2006.

Oral argument is scheduled for March 26, 2007.

This case is Leegin Creative Leather Products, Inc. v. PSKS, Inc., Sup. Ct. No. 06-480, a petition for writ of certiorari to the U.S. Court of Appeals for the 5th Circuit, App. Ct. No. 04-41243. See also, Supreme Court docket.

1/22. The Cato Institute released a short paper titled "``Data Retention´´: Costly Outsourced Surveillance". The author is the Cato's James Plummer. He wrote about the costs that would be imposed by a mandate, and the impact on Constitutional rights.

The paper begins by noting the Department of Justice (DOJ), which is seeking a data retention mandate, is not stating publicly what the nature and scope of that mandate should be.

See also, story titled "Gonzales Testifies Before Senate Judiciary Committee" in TLJ Daily E-Mail Alert No. 1,522, January 18, 2007, and especially subsection of that story subtitled "Data Retention Mandate".

The Cato paper states that "The possibilities range from merely keeping track of which Internet Protocol (IP) numbers are assigned to which users on which days, to keeping logs of all websites visited, header information of emails, instant message transmissions, and so on. If data retention proponents don't have all this content on their wish lists now, they may soon."

The paper discusses the costs of data retention mandates. It sates that "no data-retention regime currently under consideration in America contemplates reimbursing firms for the costs of compliance -- much of which is passed on to consumers in the form of higher bills. Of course, reimbursement would pass the costs along in the form of taxes".

It continues that "Data-retention regulations would not only make it costlier to add new hardware to existing systems, but also make it much harder to design and implement new methods for dealing with ever-increasing traffic. Those yet-to-be-discovered, innovative, nimble designs needed for a growing Internet are threatened if the state requires bit after bit after bit to be routed through devices that copy and save."

Microsoft wrote in a statement published by CNET on May 31, 2006, that data retention has implications for "security, privacy, safety and availability of low-cost or free Internet services".

The Cato paper also discusses Constitutional rights.

The Fourth Amendment of the Constitution provides that "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The paper states that "By mandating data retention, the federal government would essentially make ISPs act as its agents -- and engage in surveillance without suspicion or a warrant." It calls this a "subtly hidden form of search and seizure".

It concludes that data retention laws "would essentially outsource the surveillance without the bother of probable cause or presenting an application to a judge."

1/10. Rep. Bart Gordon (D-TN) introduced HR 363, the "Sowing the Seeds Through Science and Engineering Research Act", a bill that would authorize appropriations for basic research.

It was referred to the House Science and Technology Committee. Rep. Gordon (at right) is the Chairman.

It would authorize appropriations for the National Science Foundation (NSF), National Aeronautics and Space Administration (NASA), National Institute of Standards and Technology (NIST), and Department of Energy (DOE) for "support of basic research activities in the physical sciences, mathematics and computer sciences, and engineering". It would also authorize funding for the Department of Defense for "basic research".

For the NSF, the bill would authorize $2,114,100,000 for FY 2008, $2,325,510,000 for FY 2009, $2,558,060,000 for FY 2010, $2,813,870,000 for FY 2011, and $3,095,260,000 for FY 2012."

For the NIST, the bill would authorize $1,669,700,000 for FY 2008, $1,836,670,000 for FY 2009, $2,020,340,000 for FY 2010, $2,222,370,000 for FY 2011, and $2,444,610,000 for FY 2012

The bill also contains some provisions regarding the underlying research programs.

One provision states that "The President shall periodically present the Presidential Innovation Award, on the basis of recommendations received from the Director of the Office of Science and Technology Policy or on the basis of such other information as the President considers appropriate, to individuals who develop one or more unique scientific or engineering ideas in the national interest at the time the innovation occurs."

There is already a Medal of Technology, awarded by the President. See, story titled "Commentary: National Medal of Technology Program" in TLJ Daily E-Mail Alert No. 1,312, February 17, 2006.

This bill also provides that "In carrying out its research programs on science policy and on the science of learning, the National Science Foundation may support research on the process of innovation and the teaching of inventiveness."

1/10. Rep. Bart Gordon (D-TN) and Rep. Ralph Hall (R-TX) introduced HR 362, a long untitled bill, the main purpose of which is to authorize appropriations for educating science, technology, engineering and mathematics (STEM) teachers.

It was referred to the House Science and Technology Committee. Rep. Gordon is the Chairman. Rep. Hall is the ranking Republican.

Title I of the bill, which is also titled the "10,000 Teachers, 10 Million Minds Science and Math Scholarship Act", would amend Section 10 of the National Science Foundation Authorization Act of 2002.

It states that its goal is to increase "the number of elementary and secondary mathematics and science teachers in the Nation's schools having both exemplary subject knowledge and pedagogical skills".

It would authorize the appropriation of $70,000,000 for fiscal year 2008, $101,000,000 for FY 2009, $133,000,000 for FY 2010, $164,000,000 for FY 2011, and $196,000,000 for FY 2012.

Title II of the bill would amend Section 9 of the National Science Foundation Authorization Act of 2002. It would authorize the appropriation of $44,000,000 for FY 2008, which amount would increase annually to $60,000,000 for FY 2012.

1/9. Sen. Chris Dodd (D-CT) and Rep. Jeff Bingaman (D-NM) introduced S 224, the "Standards to Provide Educational Achievement for Kids Act", or "SPEAK Act". This bill pertains to "voluntary core American education content standards in mathematics and science". Also on January 9, Rep. Vernon Ehlers (R-MI) and Rep. Ruben Hinojosa (D-TX) introduced HR 325, the companion bill in the House.

Sen. Dodd (at left) stated in a release that "Math and science skills are essential to establish and maintain academic competitiveness on the global landscape. American students should have the same opportunities to learn and achieve success whether they study in large schools or small, or live in Connecticut or California."

Rep. Ehlers stated in this release that "we need to improve our nation's math and science education. High-quality math and science education at the K-12 levels is extremely important to ensure that our future workforce is ready to compete in the global economy. We are sacrificing our future if we are not investing in today's children

The House bill was referred to the House Committee on Education and Labor. The Senate bill was referred to the Senate Committee on Health, Education, Labor, and Pensions.

1/4. Rep. Vernon Ehlers (R-MI) introduced HR 36, the "National Science Education Tax Incentive for Teachers Act of 2007", a bill to provide a tax credit for school teachers in grades K through 8 who teach science, technology, engineering, or math (STEM) "equal to 10 percent of qualified undergraduate tuition paid by such individual".

Rep. Ehlers stated in a release that this bill will "bring qualified math and science teachers to our K-12 schools" and will help the schools to retain them.

It was referred to the House Ways and Means Committee. Rep. Ehlers is not a member. The bill has attracted bipartisan cosponsorship support.

Rep. Ehlers (at right) also introduced HR 38, the "Math & Science School Readiness Act of 2007", a bill that would amend the Head Start Act to promote early math skills in preschool children.

The Head Start Act, at 42 U.S.C. § 9836a, sets minimum standards applicable to Head Start agencies, programs, and projects. HR 38 would add "scientifically-based education performance standards to ensure that the children participating in the program, at a minimum, develop and demonstrate premathematics and prescience knowledge and skills, including number concepts such as counting and seriation; number operations such as addition, subtraction, and multiplication; geometry and spatial concepts; classification; and time and measurement concepts".

Rep. Ehlers sponsored similar provisions that were included in Head Start reauthorization bills that were approved by the House in 2003 and 2005, but did not become law. HR 38, which is cosponsored by Rep. Gene Green (D-TX), was referred to the House Education and Labor Committee.

Also, on January 4, 2007, Rep. Ehlers introduced HR 37, the "National Science Education Tax Incentive for Businesses Act of 2007", a bill to amend the Internal Revenue Code by adding a new Section 450 regarding an elementary and secondary STEM contributions credit. This relates to the general business credit that is codified at 42 U.S.C. § 38.

Rep. Ehlers stated in his release that this bill "encourages businesses to donate new, needed math and science-related equipment to schools or donate teacher training services. Businesses may receive a tax credit equal to 100 percent of the value of their donations."

This bill, which has bipartisan cosponsorship support, was referred to the House Ways and Means Committee.

1/11. Rep. Vernon Ehlers (R-MI) introduced HR 412, the "Independent Study of Distance Education Act of 2007", a bill to require the National Academy of Sciences (NAS) to conduct a study of "of the quality of distance education programs, as compared to campus-based education programs, at institutions of higher education".

Rep. Ehlers stated in a release that "before we spend more federal dollars on this, we need to know more about the quality of distance education programs". He added that "there is no scientifically correct, statistically valid study of the quality of online distance education programs compared to campus-based programs. That's why I have proposed this bill."

The bill was referred to the House Education and Labor Committee. The bill has no original cosponsors.

1/4. Rep. Jo Ann Davis (R-VA) introduced HR 102, the "Higher Education Science and Technology Competitiveness Act", a bill to create a federal grant program to support the establishment of partnership arrangements between "associate-degree-granting public institutions of higher education" and "bachelor-degree-granting public institutions of higher education" for "math, science, engineering, and technology" education.

Rep. Davis stated in a release that this bill "would strengthen and increase scientific and technological education capabilities within associate-degree colleges through establishing arrangements with bachelor-degree institutions. This bill would allow associate-degree colleges to use and benefit from the programs and curriculum used by bachelor-degree institutions.".

The bill was referred to the House Committee on Education and Labor. There are no original cosponsors.

The House will meet at 10:30 AM for morning hour, and at 12:00 NOON for legislative business. See, Majority Leader's weekly calendar [PDF].

The Senate will meet at 10:00 AM. It will resume consideration of HR 2, the "Fair Minimum Wage Act of 2007".

The House and Senate will meet in joint session at 8:40 PM for an event titled "State of the Union Address".

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Blogging for Lawyers: How Practicing Lawyers Are Using Blogs to Find Clients, Fortune and Fame and How You Can Too". The speakers will include Amy Howe (www.scotusblog.com), Marc Mayerson (www.insurancescrawl.com), Scott Hodes (thefoiablog.typepad.com), and Carolyn Elefant (www.legalblogwatch.typepad.com). The price to attend ranges from $20 to $35. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, 1250 H St NW B-1 Level.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Committee will host a brown bag lunch and fee based continuing legal education (CLE) seminar titled "Federal Computer Crimes". The speaker will be Eric Wenger, a Trial Attorney in the Department of Justice's (DOJ) Criminal Division's Computer Crime and Intellectual Property Section (CCIPS). 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]. Location: Wiley Rein & Fielding, 1776 K Street, NW, Main Conference Center.

The House will meet at 10:00 AM for legislative business. See, Majority Leader's weekly calendar [PDF].

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee will hold its organizational meeting for the 110th Congress. See, notice. Location: Room 342, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee will hold its organizational meeting for the 110th Congress. Location: Room 2318, Rayburn Building.

10:30 AM. The House Education and Labor Committee will hold its organizational meeting for the 110th Congress. Location: Room 2175, Rayburn Building.

10:00 - 11:00 AM. The U.S. Chamber of Commerce (USCC) will host a news briefing regarding its "No Trade in Fakes Supply Chain Tool Kit: Protecting Businesses, Consumers, and Brand Integrity". The speakers will describe ways that businesses can protect their supply chains and consumers from counterfeiters and pirates. The speakers will be Caroline Joiner (Executive Director of the USCC's Global Anti-Counterfeiting and Piracy Initiative), Brad Huther (USCC), Stephen Jacobs (Deputy Assistant Secretary for Trade Agreements and Compliance at the Department of Commerce's International Trade Administration), and Aaron Graham (Purdue Pharma). The USCC states that "Credentialed members of the media are invited to attend". Location: USCC, 1615 H St., NW.

10:30 AM. The House Education & Labor Committee (previously the House Education & Workfoce Committee) will hold its organizational meeting for the 110th Congress. Location: Room 2175, Rayburn Building.

12:00 NOON - 1:30 PM. The DC Bar Association will host a panel discussion titled "Global Trademark Portfolio Part I: Clearance and Registration". The speakers will include Thomas Brooke (Holland & Knight), Jennifer Elgin (Wiley Rein & Fielding), and Leigh Ann Lindquist (Sughrue Mion). The price to attend ranges from $15 to $30. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, 1250 H St NW B-1 Level.

Day one of a two day symposium hosted by the Georgetown University law school titled "Global Sourcing and the Global Lawyer". See, symposium web site. Location: 12th floor, Gewirz Student Center, 120 F St., NW.

The Majority Leader's weekly calendar [PDF] states that "No votes are expected in the House".

8:00 AM - 4:30 PM. The Federal Trade Commission (FTC) will hold a workshop on online marketing of negative options. See, FTC release and notice [PDF] to be published in the Federal Register. Location: FTC satellite building conference center, 601 New Jersey Ave., NW.

9:30 AM. The Senate Banking Committee will hold a hearing titled "Examining the Billing, Marketing, and Disclosure Practices of the Credit Card Industry, and Their Impact on Consumers". See, notice. Location: Room 538, Dirksen Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument, en banc, in Boehner v. McDermott. See also, story titled "Court of Appeals Holds that Rep. McDermott Violated Wiretap Act" in TLJ Daily E-Mail Alert No. 1,339, March 30, 2006. Location: 333 Constitution Ave., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. See, notice. Location: Room 226, Dirksen Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Practice Committee will host a lunch. The topic will be "The 2007 Regulatory Landscape; Thoughts From CMRS Carrier Washington Office Heads". The speakers will include Tom Sugrue (T-Mobile), John Scott (Verizon Wireless), and Chris Guttman-McCabe (CTIA - The Wireless Association). Location: 10th floor, Latham & Watkins, 555 11th St., NW.

1:30 - 2:45 PM. The Telecommunications Industry Association (TIA) will host a news briefing via teleconference to announce the findings of the "TIA's 2007 Telecommunications Market Review and Forecast". The speakers will be Grant Seiffert (head of the TIA) and Arthur Gruen (principal author). To obtain call-in information contact Terry Lane at 703-907-7723 or tlane at tiaonline dot org, or Neil Gaffney at 703-907-7721 or ngaffney at tiaonline dot org. The TIA states that this event "is available to credentialed media only".

Day two of a two day symposium hosted by the Georgetown University law school titled "Global Sourcing and the Global Lawyer". From 8:30 - 10:00 AM there will be a panel discussion titled "Data Privacy/Protection and Global Sourcing". From 10:15 - 11:45 AM there will be a panel discussion titled "Technology Transfers, Intellectual Property and Global Sourcing". See, symposium web site. The event is free and open to the public, but registration is requires. See, registration page. Location: 12th floor, Gewirz Student Center, 120 F St., NW.

Extended 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. See, notice of extention [2 pages in PDF] (DA 07-38).

The Majority Leader's weekly calendar [PDF] states that "No votes are expected in the House".

2:00 - 3:00 PM. The Information Technology Association of America (ITAA) will host a webcast event titled "ITAA Tech Law: The new Federal e-Discovery Rules. Are You Ready? Privacy and Data Protection Series with Venable LLP". The speaker will be Damon Wright (Venable). See, ITAA notice.

9:00 AM - 3:30 PM. The National Institute of Standards and Technology's (NIST) Advanced Technology Program Advisory Committee will hold a partly closed meeting. See, notice in the Federal Register, January 16, 2007, Vol. 72, No. 9, at Page 1705. Location: NIST, Administration Building, Employees' Lounge, Gaithersburg, MD.

Deadline to submit comments to the Federal Bureau of Investigation's (FBI) Electronic Surveillance Technology Section (ESTS) regarding its Communications Assistance for Law Enforcement Act of 1994 (CALEA) related cost recovery process information collection activities. See, notice in the Federal Register, November 29, 2006, Vol. 71, No. 229, at Pages 69146-69147.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding its review of regulations, pursuant to the Regulatory Flexibility Act of 1980, of FCC regulations that become ten years old in 2006, to determine whether such regulations should be changed, amended, or rescinded. See, notice in the Federal Register, November 29, 2006, Vol. 71, No. 229, at Pages 69085-69094. This notice includes a list of relevant regulations.

9:00 AM - 12:30 PM. The U.S. Chamber of Commerce (USCC) will host a workshop titled "Social Networking, Viral Campaigns, and Humor: What you Need to Know". This is the second of four workshops in a series titled "Online Strategies for Grassroots Advocacy". See, notice. Location: USCC, 1615 H St., NW.

9:00 AM - 3:30 PM. The National Institute of Standards and Technology's (NIST) Advanced Technology Program Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, January 16, 2007, Vol. 72, No. 9, at Page 1705. Location: NIST, Administration Building, Employees' Lounge, Gaithersburg, MD.

1/22. Joshua Wright was named to the new position of Scholar In Residence at Federal Trade Commission's (FTC) Bureau of Competition. See, FTC release. Wright, who has a JD and a PhD in economics, has taught antitrust law at the George Mason University Law School.

1/22. Marian Bruno was promoted to Associate Director of the Federal Trade Commission's (FTC) Bureau of Competition. See, FTC release.

1/22. President Bush announced his intent to nominate James Clapper to be Under Secretary of Defense for Intelligence. He is currently Chief Operating Officer of Government Services at DFI International. Before that, he was Director of the National Geospatial-Intelligence Agency. He is also a former Director of the Defense Intelligence Agency. See, White House release.

1/22. President Bush nominated John Negroponte to be Deputy Secretary of State. He will replace Robert Zoellick, who left last summer. Bush nominated Michael McConnell to be Director of National Intelligence, replacing John Negroponte. See, White House release. President Bush announced his intent to nominate Negroponte and McConnell back on January 5, 2007. See, transcript of January 5 event.

1/17. Bob Honold was named Director of Public Affairs at the CTIA -- The Wirelesss Association. See, CTIA release.

1/22. Rep. Bart Gordon (D-TN), the Chairman of the House Science and Technology Committee (HSTC) stated in a release that the HSTC "will do our part this Congress to advance the Democrats' Innovation Agenda and I hope the President will work with us to quickly enact legislation that makes a real commitment to bolstering math and science education and invests in basic research".

1/22. The Supreme Court of the U.S. (SCUS) denied certiorari in Korsinsky v. Microsoft, a patent infringement case. See, Order List [8 pages in PDF] at page 3. The District Court granted summary judgment to Microsoft on the grounds that Korsinsky had let his patent expire by not paying paying the 3.5 year maintenance fee. Korsinsky appealed, and the U.S. Court of Appeals (FedCir) affirmed in a non-precedential opinion [PDF]. This case is Gersh Korsinsky v. Microsoft Corporation, U.S. Supreme Court, Sup. Ct. No. 06-785, a petition for writ of certiorari to the U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 2006-1225. The Court of Appeals heard an appeal from the U.S. District Court for the Eastern District of New York, D.C. No. 04CF2695.

1/19. Rep. John Dingell (D-MI), the Chairman of the House Commerce Committee (HCC), and Rep. Bart Stupak (D-MI), the Chairman of the HCC's Subcommittee on Oversight and Investigations, sent a letter [PDF] to Chris Cox, Chairman of the Securities and Exchange Commission (SEC) regarding Mark Hurd's sale of Hewlett Packard stock just prior to HP's disclosure of its pretexting scandal in an SEC filing in August of 2006. The two Representatives asked Cox to inform them when the SEC concludes its investigation into whether Hurd engaged in illegal insider trading. They also attached a copy of a letter to them from Hurd dated December 21, 2006, in which Hurd asserted that "My August Trade was not a case of ``bullet-dodging.´´" Hurd also wrote in that letter that "The decisions and trade I made are consistent with the legal opinion I received from HP Legal in advance of making the August Trade." The then head of the HP legal department, Ann Baskins, subsequently left HP in public disgrace following disclosures of her role in the HP pretexting scandal.

1/19. Rep. John Dingell (D-MI), the Chairman of the House Commerce Committee (HCC), Rep. Joe Barton (R-TX), and other senior members of the HCC, sent a letter [2 pages in PDF] to the Government Accountability Office (GAO) regarding cyber security at the Department of Energy (DOE). They asked him to "review DOE's cyber security programs, and provide a report to us on the security of unclassified and classified information networks". They also stated that "If left unattended, cyber security weaknesses at DOE could allow individuals or groups backed by nation-states the opportunity to penetrate DOE's networks and gain access to sensitive and classified information. We know the hackers are out there, and they continue to target DOE assets and stage their attacks on a daily basis." See also, the DOE's February 2006 document [51 pages in PDF] titled "Revitalization of the Department of Energy Cyber Security Program".

1/18. The Austin, Texas, law firm of Barry & Loewy, and the Houston, Texas, law firm of Arnold & Itkin announced in a release that they filed four Julie Doe complaints in the Los Angeles Superior Court, a trial court in the state of California, against MySpace, Inc., and News Corp., alleging negligence and other claims. The complaints allege that MySpace and its parent corporation, News Corp., are liable for injuries to MySpace users that were inflicted by other MySpace users. The complaint alleges that each of the Julie Doe plaintiffs were sexually assaulted by men who they met in the MySpace web site. These cases are numbered SC092421, SC092423, SC092424, SC092422.

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