1/22. The Supreme Court issued an order asking the Department of Justice's (DOJ) Office of the Solicitor General (OSG) to submit an amicus curiae brief in Pacific Bell v. Linkline, App. Ct. No. 07-512. See, Orders List [8 pages in PDF] at page 4.

The U.S. Court of Appeals (9thCir) issued its divided opinion [22 pages in PDF] on September 11, 2007. The majority opinion states that the issue is whether the Supreme Court's January 13, 2004, opinion [22 pages in PDF] in Verizon v. Trinko, 540 U.S. 398, "bars a plaintiff from claiming a violation of § 2 of the Sherman Antitrust Act by virtue of an alleged price squeeze perpetrated by a competitor who also serves as the plaintiff’s supplier at the wholesale level, but who has no duty to deal with the plaintiff absent statutory compulsion. We conclude that it does not, and affirm the order of the district court denying judgment on the pleadings."

The Supreme Court held in Verizon v. Trinko that a claim alleging a breach of an ILEC's duty under the 1996 Telecom Act to share its network with competitors does not state a violation of Section 2 of the Sherman Act.

See also, story titled "Supreme Court Holds That There is No Sherman Act Claim in Verizon v. Trinko" in TLJ Daily E-Mail Alert No. 815, January 14, 2004.

See also, Supreme Court Docket.

A group of economists submitted a amicus brief last month urging the Supreme Court to grant certiorari and reverse the Court of Appeals. This group includes Robert Crandall, William Baumol, Greg Sidak, Jeffrey Eisenach, Robert Bork, and others.

They write that the question is "Whether a plaintiff states a claim under section 2 of the Sherman Act by alleging that the defendant -- a vertically integrated retail competitor with an alleged monopoly at the wholesale level but no antitrust duty to provide the wholesale input to competitors -- engaged in a ``price squeeze´´ by leaving insufficient margin between wholesale and retail prices to allow the plaintiff to compete."

They argue that the Court of Appeals opinion is inconsistent with the Supreme Court's opinion in Verizon v. Trinko. They also argue that it would alter the principle that antitrust law exists to advance consumer welfare.

1/22. The Supreme Court denied certiorari, without an opinion, in Sprint Nextel v. NASUCA, Sup. Ct. No. 06-1184. See, Orders List [8 pages in PDF] at page 4.

47 U.S.C. § 332(c)(3)(A) provides, in part, that "no State or local government shall have any authority to regulate the entry of or the rates charged by any commercial mobile service or any private mobile service, except that this paragraph shall not prohibit a State from regulating the other terms and conditions of commercial mobile services ..."

In March 2005, the Federal Communications Commission's (FCC) issued a declaratory ruling construing Section 332(c)(3)(A)'s prohibition on state rate regulation of cellular providers to preempt state regulations that either prohibit or require the use of "line items".

The National Association of State Utility Consumer Advocates (NASUCA) filed a petition for review. The National Association of Regulatory Utility Commissioners (NARUC) intervened in support of the NASUCA. Sprint Nextel and other wireless companies intervened in support of the FCC.

The U.S. Court of Appeals (11thCir) issued its opinion [44 pages in PDF] on July 31, 2006, in NASUCA v. FCC, granting the petition.

It held that the FCC exceeded its authority when it preempted the states from requiring or prohibiting the use of line items. It wrote that "The scope of federal authority to regulate ``rates´´ or ``entry´´ does not include the presentation of line items on cellular wireless bills. ... This billing practice is a matter of  ``other terms and conditions´´ that Congress intended to be regulable by the states." See also, story titled "11th Circuit Rules on Preemption of State Regulation of Wireless Services" in TLJ Daily E-Mail Alert No. 1,430, August 11, 2006.

On June 11, 2007, the Supreme Court requested a brief from the Department of Justice's (DOJ) Office of the Solicitor General (OSG). See, story titled "Supreme Court Seeks OSG Brief in Sprint Nextel v. NASUCA" in TLJ Daily E-Mail Alert No. 1,593, June 11, 2007.

The OSG submitted its amicus curiae brief on December 20, 2007, it which it argued that the Court of Appeals opinion is incorrect, but that the Supreme Court should nevertheless deny certiorari. It wrote that, Section 332 aside, the FCC can preempt state line item regulations on the basis that they conflict with established federal policies, and that the Court of Appeals opinion does not affect this power. Moreover, it pointed out that the FCC has an open rulemaking proceeding.

The Supreme Court's order lets stand the judgment of the Court of Appeals.

The NARUC issued a release in which it stated that "By determining that it should not review this case, the Supreme Court is underscoring the important role that State commissioners play. This decision is a big win for consumers and it ensures that their State regulatory commissions will remain on the customer-protection beat."

The opinion of the Court of Appeals facilitates the ability of states to limit information in bills, and limit consumer understanding, as for example, by prohibiting line items that disclose to consumers how much their service is being taxed by the state.

This case is Sprint Nextel Corporation, et al. v. National Association of State Utility Consumer Advocates, et al., Supreme Court of the United States, Sup. Ct. No. 06-1184, a petition for writ of certiorari to the U.S. Court of Appeals for the 11th Circuit, App. Ct. Nos. 05-11682 and 05-12601.

1/22. The Supreme Court issued an order asking the Department of Justice's (DOJ) Office of the Solicitor General (OSG) to submit an amicus curiae brief in Hulteen v. AT&T, Sup. Ct. No. 07-543. See, Orders List [8 pages in PDF] at page 4. The U.S. Court of Appeals (9thCir) issued its divided opinion [30 pages in PDF] on March 8, 2006. This is a case regarding Title VII, calculation of retirement benefits, and pregnancy leave.

1/22. The Supreme Court denied certiorari in Burroughs v. BellSouth, Sup. Ct. No. 07-7760. See, Orders List [8 pages in PDF] at page 6.

1/22. The Supreme Court denied rehearing in M2 Software v. Viacom, Sup. Ct. No. 07-202. See, Orders List [8 pages in PDF] at page 8.

1/22. The White House news office issued a two paragraph release that states that "The President signed today a package of directives" that pertain to "export control policies".

However, the White House news office did not publish any of these directives. Nor did the news office disclose the contents of any of these directives. The White House news office did not respond to a request from TLJ for copies of the directives.

The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) also published a copy of the White House release, and a further two page statement [PDF]. However, the BIS did not publish any of the directives signed by the President. A BIS representative told TLJ that the directives are "not publicly available".

The BIS enforces, and promulgates regulations that implement, the Export Administration Act of 1979 (EAA). It is Public Law No. 96-72. The EEA expired in 2001. The Congress has neither extended nor replaced the statute. The BIS continues to enforce and implement the EAA pursuant to executive orders of the President.

The BIS statement asserts that there is now a "focus on transparency".

It also states that the unpublished directives relate to dual use items. Dual use items includes such things as computers, processors, software, and encryption products.

The White House statement is two paragraphs. The first paragraph states, in full, that "The President signed today a package of directives that will ensure the United States' export control policies and practices support the National Security Strategy of 2006, while facilitating the United States' continued international economic and technological leadership. These new directives will advance a more efficient and transparent export licensing process and enhance dispute resolution mechanisms. They will also help ensure proper levels of control for continued U.S. economic competitiveness and innovation while protecting national security. The Directives are intended to clarify and strengthen the ability of the U.S. Government to monitor and deny U.S. controlled goods, services or technologies to a potential enemy."

The second paragraph states in full that "The United States continues to face unprecedented security challenges, including terrorist threats from the proliferation of weapons of mass destruction and advanced conventional weapons to unstable regions of the world. The United States also faces economic challenges from the increasing worldwide diffusion of high technology and global markets. As a result, the Administration will continue to ensure that our export control system is focused to meet these challenges."

The BIS statement adds that "the dual-use export control system will increasingly focus on foreign end-users of U.S. high technology products". It elaborates only that this "includes the Validated End User (VEU) program for reliable foreign companies and imposing additional scrutiny of exports to foreign parties with a record of activities contrary to U.S. foreign policy and national security interests through expansion of the Department of Commerce’s Entity List."

The BIS statement also references "developing a regular process for systematic review of the list of controlled dual-use items (the Commerce Control List), revised controls on intra-company transfers, revised controls on encryption products, and a review of reexport controls."

Finally, the BIS statement adds that the Bush administration supports "reauthorization" of the EAA.

1/22. The Office of the U.S. Trade Representative (OUSTR) announced that it has completed a Special 301 out of cycle review of intellectual property rights (IPR) protection and enforcement in the Czech Republic. The OUSTR announced that it has placed the Czech Republic on its Special 301 Watch List.

USTR Susan Schwab stated in a release that "We remain concerned at the continuing lack of effective enforcement measures against traders openly selling pirated and counterfeit goods in the notorious border markets".

Section 182 of the Trade Act of 1974, which is codified at 19 U.S.C. § 2242, is also known as Special 301. It requires the OUSTR to make periodic, and out of cycle, reviews of other nations that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection.

The OUSTR's web page titled "Background on Special 301" states that the OUSTR "has created a ``Priority Watch List´´ and ``Watch List´´ under Special 301 provisions. Placement of a trading partner on the Priority Watch List or Watch List indicates that particular problems exist in that country with respect to IPR protection, enforcement, or market access for persons relying on intellectual property. Countries placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas."

1/21. The U.S. Court of Appeals (7thCir) issued its opinion on remand in Makor v. Tellabs, a class action securities case.

Tellabs is a publicly traded company that makes equipment used in fiber optic cable networks. Class action plaintiffs filed a complaint in U.S. District Court (NDIll) against Tellabs and others alleging securities fraud in violation of § 10(b) of the Securities Exchange Act of 1934, which is codified in 15 U.S.C. § 78j, and Rule 10(b)(5) thereunder, and control person liability by Tellabs executives.

The District Court dismissed the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (FRCP) for failure to state a claim upon which relief can be granted. It held that the complaint failed to satisfy the scienter requirements established by the Private Securities Litigation Reform Act (PSLRA), which is codified at 15 U.S.C. § 78u-4 and § 78u-5.

In a previous opinion, the Court of Appeals reversed. However, its opinion conflicted with those of others circuits. The Supreme Court granted certiorari on January 5, 2007. See, story titled "Supreme Court Grants Certiorari in PSLRA Case Regarding Pleading of Scienter" in TLJ Daily E-Mail Alert No. 1,515, January 8, 2007.

On June 21, 2007, the Supreme Court issued its opinion [33 pages in PDF], reversing the Court of Appeals. That opinion gives a meaning to the term "strong inference" that makes it harder for class action securities complaints to survive motions to dismiss. The Supreme Court vacated the opinion of the Court of Appeals. See, story titled "Supreme Court Rules in Tellabs v. Makor" in TLJ Daily E-Mail Alert No. 1,600, June 25, 2007.

In the just released opinion, the Court of Appeals applied the higher pleading standard announced by the Supreme Court. However, it held once again that the complaint satisfies the pleading requirements of the PSLRA. Thus, it again reversed the District Court's dismissal of the complaint.

This case is Makor Issues and Rights, Ltd. v. Tellabs, Inc., U.S. Court of Appeals for the 7th Circuit, App. Ct. No. 04-1687, an appeal from the U.S. District Court for the Northern District of Illinois, Eastern Division, D.C. No.  02 C 4356, Judge Amy St. Eve presiding. Judge Richard Posner wrote the opinion of the Court of Appeals, in which Judges Wood and Sykes joined.

1/22. The U.S. Court of Appeals (9thCir) issued its opinion [16 pages in PDF] in Lowden v. T-Mobile USA, a class action case regarding the enforceability of arbitration clauses in consumer contracts under the law of the state of Washington.

Kathleen Lowden filed a class action complaint, on behalf of current and former T-Mobile customers, in state court in Washington, against T-Mobile USA, alleging violation of the Washington Consumer Protection Act. She alleges that T-Mobile improperly charged for certain fees beyond the advertised price of service, charged for calls during a billing period other than that in which the calls were made, and charged for roaming and other services that should have been free.

T-Mobile removed the action to the U.S. District Court, and there moved to compel arbitration. The District Court denied the motion. T-Mobile then brought the present appeal.

The Court of Appeals affirmed. It held that the arbitration provision is substantively unconscionable and unenforceable under Washington law, and further, that the state law is not preempted by the Federal Arbitration Act (FAA), which is codified at 9 U.S.C. §§ 1-16.

The Court of Appeals relied primarily upon the Washington State Supreme Court 2007 opinion in Scott v. Cingular Wireless, which is reported at 161 P.3d 1000, and the 9th Circuit's 2007 opinion in Shroyer v. New Cingular Wireless Services and AT&T, which is reported at 498 F.3d 97. See, Scott opinion [19 pages in PDF] and dissent [18 pages in PDF], and Shroyer opinion [29 pages in PDF]. See also, TLJ story on Shroyer opinion, titled "9th Circuit Holds Arbitration Clause in Cell Phone Contract Unenforceable", in TLJ Daily E-Mail Alert No. 1,624, August 24, 2007.

The present case is Kathleen Lowden, et al. v. T-Mobile USA, U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 06-35395, an appeal from the U.S. District Court for the Western District of Washington, D.C. No. CV-05-01482-MJP, Judge Marsha Pechman presiding. Judge Ronald Gould wrote the opinion of the Court of Appeals, in which Judges William Canby and Susan Graber joined.

The House will meet at 10:00 AM for legislative business. It will consider HRes 852, a resolution to make January 2008 "National Stalking Awareness Month". The schedule also includes several non-technology related items. See, Rep. Hoyer's 2008 calendar [4.25 MB PDF], calendar for week of January 21, and calendar for January 23.

The Senate will meet at 12:00 NOON for morning business. It will then resume consideration of S 1200 [LOC | WW], the "Indian Health Care Improvement Act Amendments of 2007".

12:30 - 1:30 PM. The DC Bar Association will host closed panel discussion titled "Public Safety and Critical Infrastructure: Key Issues for 2008 and Beyond". The speakers will be Allan Manuel (FCC's Public Safety and Homeland Security), Mike Keogh (National Association of Regulatory Utility Commissioners), Patrick Halley (National Emergency Number Association), Robert Mayer (USTA). The price to attend ranges from $5 to $10. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

The House will not meet. Day one of the three day House Republican Retreat. See, Rep. Hoyer's calendar for week of January 21.

The Federal Communications Commission (FCC) will commence its spectrum Auction Number 73. This is the 700 MHz band auction. See also, story titled "FCC Adopts 700 MHz Band Order" in TLJ Daily E-Mail Alert No. 1,619, July 31, 2007. And see, the FCC's Public Notice [122 pages in PDF] dated October 5, 2007, and numbered DA 07-4171, and Public Notice [12 pages in PDF] dated January 14, 2008, and numbered DA 08-83.

9:00 AM - 5:00 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education seminar titled "Communications Law 101". See, notice and registration form [PDF]. The price to attend ranges from $95-$395. Location: Wiley Rein, 1776 K St., NW.

10:00 AM - 12:00 NOON. The Department of State's (DOS) Advisory Committee on International Communications and Information Policy (ACICIP) will hold a public meeting to discuss various upcoming international telecommunications meetings and conferences. See, notice in the Federal Register, December 28, 2007, Vol. 72, No. 248, at Page 73962. Location: Loy Henderson Auditorium, DOS, 2201 C St., NW.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a program titled "How Information Technology Can Help Fix America's Ailing Construction Industry". The speaker will be Barry LePatner. See, notice. Refreshments will be served. Location: ITIF, Suite 200, 1250 Eye St., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host panel discussion titled "Practicing Law in the E-Court of Public Opinion: How the Internet Can Make or Break a Lawyer's or Law Firm's Reputation and What You Can Do about It". The speakers will be Carolyn Elefant (www.myshingle.com), Mark Britton (Avvo.com), Andrew Mirsky (Mirsky & Company), and David Lat (AboveTheLaw.com). The price to attend ranges from $10 to $25. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

12:30 - 2:00 PM. The DC Bar Association will host a brown bag lunch on celebrity domain name arbitration. The speaker will be Neil Brown, arbitrator on the Domain Name Panel of the World Intellectual Property Organization (WIPO)'s Arbitration and Mediation Center. The price to attend ranges from free to $30. For more information, call 202-626-3463. See, notice. Location: Arnold and Porter, 555 12th St., NW.

2:00 - 4:00 PM. The National Telecommunications and Information Administration (NTIA) will host a public meeting regarding the DTV converter box program. See, NTIA notice and notice in the Federal Register, January 2, 2008, Vol. 73, No. 1, at Page 171. Location: Room 4830, Department of Commerce, 1401 Constitution Ave., NW.

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for advice for the U.S. on positions for the February 2008 meeting of the Telecommunication Development Advisory Group (TDAG) of the International Telecommunication Union (ITU-D). See, notice in the Federal Register, December 19, 2007, Vol. 72, No. 243, at Page 71992. Location: DOS Main, Room 5804, 2201 C St., NW.

5:00 - 7:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a public event titled "Happy Hour" and "Comm Law 101 Postlude". For more information, contact Chris Fedeli at chrisfedeli at dwt dot com or Tarah Grant at tsgrant at hhlaw dot com. Location: Restaurant K by Alison Swope, 1700 K St., NW.

The House will not meet. Day two of the three day House Republican Retreat. See, Rep. Hoyer's calendar for week of January 21.

10:00 AM. The Federal Communications Commission's (FCC) Joint Advisory Committee on Communications Capabilities of Emergency Medical and Public Health Care Facilities will meet. See, notice [PDF]. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:00 NOON EST - 1:30 PM. National Venture Capital Association will host a webcast seminar titled "The Latest Trends in Venture Capital Deal Terms". The speakers will include John Hession (Cooley Godward & Kronish). See, registration page. For more information, contact Sara Stark at sara at ibfconferences dot com or 763-497-2067.

12:00 NOON. Deadline to submit reply comments to the Office of the US Trade Representative (OUSTR) regarding compliance with telecommunications trade agreements. See, notice in the Federal Register, November 19, 2007, Vol. 72, No. 222, at Pages 65109-65111.

The DC Bar Association will host a panel discussion titled "China's New Anti-Monopoly Law". The speakers will be Stuart Chemtob (DOJ Antitrust Division), Mark Whitener (General Electric), Yee Wah Chin (Ingram Yuzek), Yingxi Fu-Tomlinson (Kaye Scholer), and Xiang Ji. The price to attend ranges from $10 to $35. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

2:00 PM. The Department of Labor's (DOL) Employment and Training Administration (ETA) will hold an online conference regarding its Science, Technology, Engineering, and Mathematics (STEM) Opportunities in the Workforce System Initiative. See, notice in the Federal Register, January 15, 2008, Vol. 73, No. 10, at Pages 2529-2543.

The House will not meet. Day three of the three day House Republican Retreat.

The President will give a speech titled "State of the Union Address". Location: House of Representatives.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) in which it proposes to extend the current five year registration period for the Do Not Call Registry. This NPRM is FCC 07-203 in CG Docket No. 02-278. See, notice in the Federal Register, December 14, 2007, Vol. 72, No. 240, at Pages 71099-71102. See also, story titled "FCC Adopts NPRM Regarding Extending Do Not Call Registrations" in TLJ Daily E-Mail Alert No. 1,680, November 30, 2007.

12:00 NOON - 1:00 PM. The Federal Communications Bar Association's (FCBA) Annual Seminar Committee will host a brown bag lunch. This event is free. Attendance may be restricted to FCBA members. For more information, contact Charla Rath at 202-589-3766. See, notice and registration page. Location: Harris Wiltshire & Grannis, 1200 18th St., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Rapidly Developing Pleadings Standards in Securities Cases". The speakers will be Larry Ellsworth (Jenner & Block), Daniel Sommers (Cohen Milstein), Mark Adler (Securities and Exchange Commission), and Howard Suskin (Jenner & Block). The price to attend ranges from $5 to $10. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

1:00 PM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Public, Educational, and Governmental (PEG) Services in the Digital TV Age". Location: Room 2322, Rayburn Building.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, and Homeland Security will hold a hearing titled "Enforcement of Federal Espionage Laws". See, notice. Location: Room 2237, Rayburn Building.

The House will not meet. Day one of the three day House Democratic Retreat.

8:00 AM - 4:30 PM. The Center for Democracy and Technology (CDT) will host a conference titled "State of the Net Conference". See, conference web site. The price to attend ranges from free to $350. For more information, contact Danielle Yates at dyates at netcaucus dot org or 202-638-4370. Location: Hyatt Regency Hotel, 400 New Jersey Ave., NW.

9:00 AM - 5:00 PM. Day one of a two meeting of the Department of Commerce's (DOC) National Technical Information Service's (NTIS) Advisory Board. See, notice in the Federal Register, December 21, 2007, Vol. 72, No. 245, at Pages 72678-72679. Location: Room 2029, Sills Building, 5285 Port Royal Road, Springfield, VA.

9:30 AM - 3:00 PM. The American Enterprise Institute (AEI) will host an event titled "Doha's Death Knell, U.S. Agricultural Policy, and the Future of Free Trade". See, notice. There is no admission charge. Breakfast and lunch will be served. Location: AEI, 12th floor, 1150 17th St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the U.S. Department of Justice". The witness will be Attorney General Michael Mukasey. Location: Room 226, Dirksen Building.

5:00 PM. The Center for Democracy and Technology (CDT) will host reception and technology demonstration. This event is free and open to the public. For more information, contact Danielle Yates at dyates at netcaucus dot org or 202-638-4370. Location: Room 902, Hart Building.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "How to Recognize Critical Software IP Issues in Everyday Practice". The speaker will be David Temeles (Bean Kinney & Korman). The price to attend ranges from $80 to $115. For more information, call 202-626-3488. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

1/22. Matthew Berry was named General Counsel of the Federal Communications Commission (FCC). He has worked in the FCC's Office of General Counsel since June of 2005. Before that, he was Counselor to the Assistant Attorney General in charge of the Department of Justice's (DOJ) Office of Legal Policy (OLP). He has also been an attorney adviser in the DOJ's Office of Legal Counsel (OLC). He also clerked for U.S. Supreme Court Justice Clarence Thomas and for U.S. Court of Appeals (DCCir) Judge Laurence Silberman. See also, story titled "Matthew Berry Joins FCC" in TLJ Daily E-Mail Alert No. 1,160, June 23, 2005.

1/22. Ajit Pai was named Deputy General Counsel of the Federal Communications Commission (FCC). He was previously Associate General Counsel. Before joining the FCC he was Chief Counsel of the Senate Judiciary Committee's Subcommittee on the Constitution. He has also been Senior Counsel at the Department of Justice's (DOJ) Office of Legal Policy (OLP), Associate General Counsel at Verizon Communications, and a trial attorney in the Telecommunications Task Force at the DOJ's Antitrust Division.

1/22. President Bush announced his intent to nominate Kathleen Stephens to be Ambassador to the Republic of Korea. See, White House release.

1/22. The White House news office issued a statement urging the Congress to enact legislation to reform the Foreign Intelligence Surveillance Act (FISA). The temporary provisions of S 1927 [LOC | WW], the "Protect America Act", expire on February 1, 2008. White House Press Secretary Dana Perino said in this statement that "The terrorist threat we face does not expire on February 1. For the sake of our national security, Congress must act now to send the President a bill that keeps a critical intelligence gap permanently closed and provides meaningful liability protection for companies that may have assisted in efforts to defend America following the 9/11 attacks."

1/22. House Majority Leader Rep. Steny Hoyer (D-MD) announced that the House schedule for Wednesday, January 23, includes consideration, under suspension of the rules, HRes 852, a resolution to make January 2008 "National Stalking Awareness Month". This resolution states that "rapid advancements in technology have made cyber-surveillance the new frontier in stalking" and that "there is a need to enhance the criminal justice system's response to stalking and stalking victims, including aggressive investigation and prosecution". However, this is only a resolution. See, Rep. Hoyer's calendar for January 23.

1/14. The Federal Communications Commission (FCC) released a report [14 pages in PDF] on consumer complaints to the FCC in the first and second quarters of 2007.

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