2/21. On February 21, 2008, Microsoft announced in a release that it "is implementing four new interoperability principles and corresponding actions across its high-volume business products: (1) ensuring open connections; (2) promoting data portability; (3) enhancing support for industry standards; and (4) fostering more open engagement with customers and the industry, including open source communities."

This announcement may be related to pressures put on Microsoft by the European Commission (EC).

Microsoft added that this applies to "Windows Vista (including the .NET Framework), Windows Server 2008, SQL Server 2008, Office 2007, Exchange Server 2007, and Office SharePoint Server 2007, and future versions of all these products." (Parentheses in original.)

Microsoft elaborated that it "will openly publish on MSDN over 30,000 pages of documentation for Windows client and server protocols that were previously available only under a trade secret license through the Microsoft Work Group Server Protocol Program (WSPP) and the Microsoft Communication Protocol Program (MCPP)."

Moreover, it "will indicate on its Web site which protocols are covered by Microsoft patents and will license all of these patents on reasonable and non-discriminatory terms, at low royalty rates". Also, it "is providing a covenant not to sue open source developers for development or non-commercial distribution of implementations of these protocols".

Steve Ballmer, CEO of Microsoft, commented regarding the EC's reaction at a news conference. He said that "I think it's important. The Commission has posted a statement, and they speak for themselves. We certainly don't speak for the Commission. I think we're happy to talk about ways in which what we're announcing today is certainly expanded and new from anything we've done in the past." See, transcript.

The Wall Street Journal published an article [subscription website] on February 25, 2008, by Charles Forelle titled "Europe's Antitrust Chief Defies Critics, and Microsoft".

2/7. Nellie Kroes gave a speech in Innsbruck, Austria, on February 7, 2008. Kroes, whose title is "European Commissioner for Competition Policy", discussed her regulatory agenda. She said that "we are `going global´" and that "we want to exercise appropriate political influence on the global scene".

Her office is engaging in regulation of the business practices of U.S. technology companies, including Microsoft, Qualcomm, and Intel, that may not consistent with the goals of reducing anti-competitive behavior, maximizing consumer welfare, or promoting innovation.

Her office is also reviewing, but delaying its decision upon, the Google DoubleClick merger. The Federal Trade Commission (FTC) approved the deal on December 20, 2007. See, story titled "FTC Will Not Block Google DoubleClick Merger" in TLJ Daily E-Mail Alert No. 1,691, December 19, 2007.

Nellie Kroes (at left), said in her speech that "we have to ask ourselves how best to keep a grip on global actors in a global economy". She added that "we have to make sure that our competition policy plays a greater role on the international scene".

She concluded that "we have to properly enforce our competition rules to `global companies´."

Thomas Barnett, Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division, and his predecessors, have periodically given speeches that criticize EC actions against US companies under the guise of competition law enforcement.

For example, Barnett stated in speech in Washington DC on September 26, 2007, titled "Global Antitrust Enforcement" that "Review by multiple antitrust enforcement authorities can impose significant burdens and costly delays on corporate transactions, as well as heavy and non-productive burdens on the resources of the reviewing agencies themselves."

He continued that "firms in the marketplace generally can choose between a strategy of competing on the merits or a strategy of seeking government intervention to slow down their competitors." He elaborated that "If it is predictable that losers in the marketplace can become winners because antitrust enforcement agencies and courts will compel access to a competitor's property or prohibit the competitive actions of a big firm, then competitors who cannot win on the merits will find it more desirable to seek government help rather than do the hard work of competing in the marketplace. On the other hand, for firms that do choose to compete, intervention can deter broad categories of vigorous competitive behavior."

See, story titled "Barnett Addresses Benefits and Harms of Increasing Antitrust Enforcement Activity Around World" in TLJ Daily E-Mail Alert No. 1,648, October 1, 2007.

2/23. House and Senate Democrats again accused House and Senate Republicans and President Bush of politicizing debate over Foreign Intelligence Surveillance Act (FISA) reform. Bush administration representatives made reciprocal accusations against Democrats.

Democrats. On February 22, Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC), Sen. Jay Rockefeller (D-WV), Chairman of the Senate Intelligence Committee, Rep. John Conyers (D-MI), Chairman of the House Judiciary Committee, and Rep. Silvestre Reyes (D-TX), Chairman of the House Intelligence Committee (HIC) released a statement.

The ranking Republican members of these four Committees did not join in this statement.

The four Democrats wrote that on Friday, February 22, "our staffs met again in what should have been a bipartisan, bicameral meeting with our Republican colleagues' staffs and Administration officials to continue working through the recess period on important reforms to FISA. Again, the Republicans refused to join the dialogue. And today, neither the Justice Department nor the Director of National Intelligence sent representatives. Today was another missed opportunity."

"Further politicizing the debate, the Administration today announced that they believe there have been gaps in security since the Protect America Act expired." The four continued that "They cannot have it both ways; if it is true that the expiration of the PAA has caused gaps in intelligence, then it was irresponsible for the President and congressional Republicans to block an extension of the law."

Rep. Reyes added in his own February 25 statement that Bush "has resorted to scare tactics and political games".

He added that "our country did not ``go dark´´ on Feb. 16 when the Protect America Act (PAA) expired. Despite President Bush's overheated rhetoric on this issue, the government's orders under that act will last until at least August. These orders could cover every known terrorist group and foreign target. No surveillance stopped. If a new member of a known group, a new phone number or a new e-mail address is identified, U.S. intelligence can add it to the existing orders, and surveillance can begin immediately."

Rep. Reyes also said that "It is clear that he and his Republican allies, desperate to distract attention from the economy and other policy failures, are trying to use this issue to scare the American people into believing that congressional Democrats have left America vulnerable to terrorist attack."

He added that "If the president thinks he can use this as a wedge issue to divide Democrats, he is wrong."

Also, on February 22, Rep. Steny Hoyer (D-MD), the House Majority Leader, stated in a release that "Democrats continued today to work hard on crafting a new FISA bill that will keep our nation safe and protect our civil liberties. We were disappointed that not only Congressional Republicans but also the Bush Administration refused to join us in these critical negotiations. This refusal simply puts partisanship and politics ahead of our nation’s urgent national security interests."

Bush Administration. On Monday, February 25, the White House news office issued a statement. "There is an old rhetorical tactic in Washington: you repeat something often enough, regardless of whether it's true, and hope people will start to believe it. This has been the preferred tactic of many Democrats involved in the FISA debate".

It adds that House Democratic leaders are pursuing an "irresponsible, minority position" to "appease trial lawyers and MoveOn.org".

The statement concludes, "Pointing out the cost of Congress' failure to act is not a ``scare tactic´´ and it is not a ``wedge issue´´. Instead it is a sober, transparent assessment of the terrorist threat our nation faces, and the critical importance of the needs of our intelligence community to combat that threat. Unless this threat is taken more seriously in Congress, the ability to obtain the intelligence we need will be at risk, and with it our national security."

On Saturday, February 23, the Department of Justice (DOJ) released a joint statement of the DOJ and Office of the Director of National Intelligence (ODNI) regarding electronic surveillance, the Foreign Intelligence Surveillance Act (FISA), and telco immunity.

It states that "the Department of Justice and the Intelligence Community have been working assiduously to mitigate the effects of the uncertainty caused by the failure to enact long-term modernization of the" FISA.

In the meantime, it states, "new surveillances under existing directives issued pursuant to the Protect America Act will resume, at least for now." But, it also states that "the delay resulting from this discussion impaired our ability to cover foreign intelligence targets, which resulted in missed intelligence information".

It also discusses assistance from unspecified companies. "In addition, although our private partners are cooperating for the time being, they have expressed understandable misgivings about doing so in light of the on-going uncertainty and have indicated that they may well discontinue cooperation if the uncertainty persists. Even with the cooperation of these private partners under existing directives, our ability to gather information concerning the intentions and planning of terrorists and other foreign intelligence targets will continue to degrade because we have lost tools provided by the Protect America Act that enable us to adjust to changing circumstances. Other intelligence tools simply cannot replace these Protect America Act authorities."

It concludes that "The bipartisan Senate bill contains these authorities, as well as liability protection for those companies who answered their country’s call in the aftermath of September 11. We hope that the House will pass this bill soon and end the continuing problems the Intelligence Community faces in carrying out its mission to protect the country."

2/20. 3Com announced in a release that 3Com, Bain Capital Partners, LLC and Huawei Technologies have withdrawn their joint filing with the Committee on Foreign Investment in the United States (CFIUS).

The CFIUS is the instrument by which the US government blocks foreign investment in, and acquisition of, certain companies, usually for national security purposes, but also sometimes for protectionist purposes. The CFIUS issued no statement.

Edgar Masri, P/CEO of 3Com, stated in this release that "We are very disappointed that we were unable to reach a mitigation agreement with CFIUS for this transaction".

The companies announced their proposed transaction on October 9, 2007. See, 3Com release, Huawei release, and story titled "3Com Huawei Transaction to be Reviewed by CFIUS" in TLJ Daily E-Mail Alert No. 1,652, October 9, 2007. Bain Capital would have acquired 3Com. It is a private investment firm based in Boston, Massachusetts, that also has offices in the People's Republic of China (PRC). The affiliates of Bain include Huawei companies, in the People's Republic of Chain (PRC).

2/25. Devin Whitney joined the California public policy office of the AeA. See, release.

2/22. A grand jury of the U.S. District Court (DAriz) returned an indictment that charges Rep. Rick Renzi (R-AZ) and others with 35 counts of wire fraud, extortion, money laundering, conspiracy and other offenses in connection with real estate transactions in the state of Arizona. See, DOJ release.

2/21. Barbara Esbin will join the Progress & Freedom Foundation (PFF) as a Senior Fellow and Director of the Center for Communications and Competition Policy. She was a long time employee of the Federal Communications Commission (FCC), where she worked in the Common Carrier Bureau, Wireless Telecommunications Bureau, Enforcement Bureau, and Cable Services Bureau (CSB) and Media Bureau. Back in 1998, when she was Associate Bureau Chief of the CSB, she authored FCC's Office of Plans and Policy's Working Paper No. 30 [129 pages in PDF] titled "Internet Over Cable: Defining the Future in Terms of the Past: FCC Staff Working Paper on Regulatory Categories and the Internet". She then worked briefly in the Washington DC office of the law firm of Dow Lohnes. She then returned to the FCC and worked on, among other things, antitrust merger reviews. For example, she worked on the proposed Echostar Directv merger with Ken Ferree, who was then Chief of the CSB, and is now the head of the PFF. Her final position at the FCC was Special Counsel in the Market Disputes Resolution Division of the Enforcement Bureau. The PFF stated in a release that she will focus on "broadband deployment, telecommunications competition policy, spectrum policy, FCC reform" and other issues.

2/21. Lucinda Dugger joined the Copyright Alliance as Director of Outreach and Field Initiatives. She previously worked for the National League of Cities.

2/20. Susan Schwab, the U.S. Trade Representative, gave a speech [PDF] in Chicago, Illinois, at the U.S. -- India SME Summit. She said that India’s Minister of Commerce and Industry, Kamal Nath, and she "co-chair the US-India Trade Policy Forum, or TPF, the group that is the umbrella for working through our bilateral trade policy. We are addressing concerns on everything from trade in agricultural products to intellectual property rights and from tariff and non-tariff barriers to market access in services and investment." She also said that "Today, protectionism raises its ugly head in both of our countries. It is up to us to help those without faith in the future and power of the markets to understand the importance of multilateral agreements like Doha, and bilateral agreements like our FTAs or Bilateral Investment Treaties."

2/19. The U.S. Court of Appeals (7thCir) issued its opinion in Northeast Communications of Wisconsin v. CenturyTel and Alltel, a diversity jurisdiction case to which the law of the state of Wisconsin applies. This case involves the question of whether a corporate merger involving the parent of one member of a limited partnership activated a right of first refusal. The underlying limited partnership, involving cell phone service in Wisconsin, was formed in 1989. The District Court held that the merger did not activate a right of first refusal. The Court of Appeals affirmed. This case is Northeast Communications of Wisconsin, Inc. v. CenturyTel, Inc. and Alltel, Corp., U.S. Court of Appeals for the 7th Circuit, App. Ct. No. 06-2891, an appeal from the U.S. District Court for the Eastern District of Wisconsin, D.C. No. 05-C-690, Judge William Griesbach presiding. Judge Frank Easterbrook wrote the opinion of the Court of Appeals, in which Judges Cudahy and Sykes joined.

The House will return from its President's Day Recess at 4:00 PM. It will consider several non-technology related items under suspension of the rules. Votes will be postponed at least until 6:30 PM. See, Rep. Hoyer's schedule for week of February 25.

The Senate will meet at 3:00 PM. It will resume consideration of S 1200 [LOC | WW], the "Indian Health Care Improvement Act".

8:30 AM - 5:30 PM. The National Science Foundation's (NSF) Committee on Equal Opportunities in Science and Engineering will meet. See, notice in the Federal Register, February 8, 2008, Vol. 73, No. 27, at Page 7611. Location: 4201 Wilson Boulevard, Arlington, VA.

5:00 PM. Deadline to submit applications to the National Institute of Standards and Technology (NIST) for Summer Undergraduate Research Fellowships (SURF) in Gaithersburg, Maryland, and Boulder Colorado. See, notice in the Federal Register, January 25, 2008, Vol. 73, No. 17, at Pages 4535-4540.

Day one of a three day conference hosted by the National Association of Broadcasters (NAB) titled "2008 NAB State Leadership Conference". See, conference web site. Location: Mandarin Oriental Hotel.

Deadline to submit comments to the Department of Defense's (DOD), General Services Administration's (GSA), and National Aeronautics and Space Administration's (NASA) Civilian Agency Acquisition Council (CAAC) and Defense Acquisition Regulations Council (DARC) regarding amendments to the federal acquisition regulation (FAR) with respect to the environmental impact of desktop computers, notebooks, monitors and other electronic products. See, notice in the Federal Register, December 26, 2007, Vol. 72, No. 246, Pages 73215-73218.

Effective date of the Securities and Exchange Commission (SEC) amendments to the proxy rules to facilitate electronic shareholder forums. See, notice in the Federal Register, January 25, 2008, Vol. 73, No. 17, at Pages 4450-4459.

The House will meet at 10:30 AM for morning hour debate, and at 12:00 NOON for legislative business. See, Rep. Hoyer's schedule for week of February 25.

10:00 AM. The House Oversight and Government Reform Committee will hold a hearing titled "Preservation of White House E-mails". Location: Room 2154, Rayburn Building.

8:30 AM - 2:00 PM. The National Science Foundation's (NSF) Committee on Equal Opportunities in Science and Engineering will meet. See, notice in the Federal Register, February 8, 2008, Vol. 73, No. 27, at Page 7611. Location: 4201 Wilson Boulevard, Arlington, VA.

11:00 AM - 1:00 PM. The House Intelligence Committee will hold a closed hearing titled "Cyber Hearing". See, notice. Location: Room H-405, Capitol Building.

1:00 - 4:00 PM. The Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) will meet by conference call. See, notice in the Federal Register, January 24, 2008, Vol. 73, No. 16, at Page 4132.

2:00 - 4:00 PM. The House Intelligence Committee will hold a closed hearing titled "FISA Briefing". See, notice. Location: Room H-405, Capitol Building.

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare advice on the World Telecommunication Standardization Assembly 2008 (WTSA 08), including positions on cybersecurity. See, notice in the Federal Register, February 13, 2008, Vol. 73, No. 30, at Pages 8389-8390. Location?

Day two of a three day conference hosted by the National Association of Broadcasters (NAB) titled "2008 NAB State Leadership Conference". See, conference web site. Location: Mandarin Oriental Hotel.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of February 25.

8:30 AM - 5:00 PM. The U.S.-China Economic and Security Review Commission will hold a public hearing titled "China's Views of Sovereignty and Methods of Access Control". The hearing will also address "ways that China may be influencing the development of international sovereignty laws and norms in space and cyberspace". See, notice in the Federal Register, January 30, 2008, Vol. 73, No. 20, at Pages 5631-5632. Location: Room 562, Dirksen Building, Capitol Hill.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will meet regarding an unnumbered discussion draft [PDF] of a bill to be titled "Wireless Consumer Protection and Community Broadband Empowerment". This event will be webcast by the HCC. Location: Room 2322, Rayburn Building.

1:30 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual Property will hold an oversight hearing on the U.S. Patent and Trademark Office (USPTO). See, notice. Location: Room 2141, Rayburn Building.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Enforcement Committee will host an event titled "FCC Hearings and Investigations -- Nuts and Bolts Review". See, notice and registration page. Registrations are due by 5:00 PM on February 25. This event offers continuing legal educations (CLE) credits. The price to attend ranges from $25 to $135. Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

Day three of a three day conference hosted by the National Association of Broadcasters (NAB) titled "2008 NAB State Leadership Conference". See, conference web site. Location: Mandarin Oriental Hotel.

Deadline to submit requests to the Federal Trade Commission (FTC) to be panelists at its May 6-7, 2008, workshop titled "Beyond Voice: Mapping the Mobile Marketplace". See, notice.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of February 25.

9:00 AM - 12:00 NOON. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will hold a public meeting to to discuss the mid-term review of the Joint Project Agreement (JPA) between the DOC and the Internet Corporation for Assigned Names and Numbers (ICANN). See, notice in the Federal Register, January 24, 2008, Vol. 73, No. 16, at Page 4181. Location: DOC, Auditorium, 1401 Constitution Ave., NW.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of several bills, including S 2449 [LOC | WW], the "Sunshine in Litigation Act of 2007", and S 352 [LOC | WW], the "Sunshine in the Courtroom Act of 2007". The agenda also includes consideration of the nominations of Kevin O'Connor (to be Associate Attorney General) and Gregory Katsas (to be Assistant Attorney General in charge of the Civil Division). The SJC rarely follows its published agendas. All of the above listed agenda items have been on prior agendas. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Homeland Security Committee (HHSC) will hold a hearing titled "Cyber Initiative". The witnesses will be Robert Jamison (DHS's Under Secretary for National Protection and Programs), Scott Charbo (DHS's Deputy Under Secretary for National Protection and Programs Directorate), Karen Evans (OMB), and Shawn Henry (FBI's Deputy Assistant Director of the Cyber Division). This hearing will be webcast by the HHSC. For more information, contact Dena Graziano or Adam Comis at 202-225-9978. Location: Room 311, Cannon Building.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Practice Committee will host a panel discussion titled "EU Telecommunications Law Developments". The speakers will be Gerry Oberst (Hogan & Hartson), Winston Maxwell (Hogan & Hartson), and David Gross (Department of State). Lunch will be provided by Hogan & Hartson. RSVP to aqfitzgerald at hhlaw dot com. Location: Hogan & Hartson, Litigation Center, 555 13th St., NW.

2:00 - 3:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will hold a partially closed meeting by teleconference. The agenda of the open portion of the meeting, which begins at 2:00 PM, includes a discussion and vote on the NSTAC's Global Positioning Systems report. The agenda of the closed portion of the meeting, which begins at 2:30 PM, includes a discussion of the results of the NSTAC's investigation of the global network infrastructure environment, and a discussion of the work of the NSTAC's Network Security Scoping Group. See, notice in the Federal Register, February 4, 2008, Vol. 73, No. 23, at Pages 6521-6522.

Deadline for the Department of Education's National Mathematics Advisory Panel to submit its final report to the President. See, notice in the Federal Register, August 20, 2007, Vol. 72, No. 160, at Pages 46452-46453.

Rep. Hoyer's schedule for week of February 25 states that "no votes are expected in the House".

10:00 AM. Deadline for foreign governments to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in making Special 301 identifications of countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. See, story titled "OUSTR Seeks Special 301 Comments on Countries that Deny Adequate IPR Protection" in TLJ Daily E-Mail Alert No. 1,703, January 22, 2008, and notice in the Federal Register, January 16, 2008, Vol. 73, No. 11, at Pages 2958-2959.

12:00 NOON - 2:00 PM. The iGrowthGlobal (IGG) will host a panel discussion titled "Network Management: The Latest Battle Over Net Neutrality". The speakers will be Scott Wallsten (IGG), David Burstein (DSLPrime), Jay Monahan (Vuze, Inc.), George Ou (ZDNet), Haruka Saito (Counselor for Telecom Policy, Embassy of Japan), and Christopher Yoo (University of Pennsylvania). Lunch will be served. Register by contacting Ashley Creel at 202-828-4405 or creela at  igrowthglobal dot org. Location: Room 2322, Rayburn Building (House Commerce Committee's 3rd floor hearing room).

Deadline to submit to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) expressions of interest to participate in the spectrum sharing innovation test-bed. See, notice in the Federal Register, February 5, 2008, Vol. 73, No. 24, at Pages 6710-6711.

Deadline to submit comments or objections to the Copyright Royalty Judges' proposed rules that set the rates and terms for the making of an ephemeral recording of a sound recording by a business establishment service for the period 2009-2013. See, notice in the Federal Register, January 30, 2008, Vol. 73, No. 20, at Pages 5466-5470.

Deadline to submit petitions to participate (and filing fees) in the Copyright Royalty Judges' proceeding to determine the Phase II distribution of 1998 and 1999 royalties collected under the cable statutory license. See, notice in the Federal Register, January 30, 2008, Vol. 73, No. 20, at Page 5596-5597.

Deadline to submit comments to the Copyright Royalty Judges in response to its request for comments regarding controversies at Phase I and Phase II for distribution of the 1999 through 2005 royalty funds collected under the satellite carrier statutory license. The deadline to submit comments is February 29, 2008. See, notice in the Federal Register, January 30, 2008, Vol. 73, No. 20, at Page 5597.

Deadline to submit comments to the Copyright Royalty Judges regarding a motion for partial distribution funds under the partial Phase I settlement in connection with the 2004 and 2005 cable royalty funds. Comments are due by February 29, 2008. See, notice in the Federal Register, January 30, 2008, Vol. 73, No. 20, at Pages 5597-5598.

Deadline to submit Form 477, titled "Local Telephone Competition and Broadband Reporting", to the Federal Communications Commission (FCC). See, Form 477 [MS Excel] and FCC document [17 pages in PDF] titled "Instructions for Local Telephone Competition and Broadband Reporting Form (FCC Form 477)".

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Third Further Notice of Proposed Rulemaking regarding cable carriage of digital television broadcast signals. The FCC adopted this item on September 11, 2007, and released the text [68 pages in PDF] on November 30, 2007. This item is FCC 07-120 in CS Docket No. 98-120. See, notice in the Federal Register, February 1, 2008, Vol. 73, No. 22, at Pages 6099-6101, and story titled "FCC Adopts R&O and Further NPRM Regarding Cable Carriage of Digital Broadcast TV Signals" in TLJ Daily E-Mail Alert No. 1,640, September 17, 2007.

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