Obama Names Chopra
Federal CTO |
4/17. President Obama named Aneesh Chopra federal Chief
Technology Officer. He is currently the state of Virginia's Secretary of
Technology. See, White House news office
release.
On March 5, 2009, Obama named Vivek Kundra Chief Information
Officer. See, White House news office
release, and story titled "Obama Names Kundra Chief Information
Officer" in TLJ Daily E-Mail Alert No. 1,909, March 5, 2009.
Technology groups praised the
selection of Chopra (at right). Ed Black, head of
the Computer and Communications
Industry Association (CCIA), stated in a release that "Chopra
devoted many hours to the Obama transition team's technology, innovation
and government reform working group. During this work, he was a key
advocate for using technology and the Internet to collaborate on
projects, make information more accessible, and hold elected officials
more accountable."
Phil Bond, head of TechAmerica
(formerly the AeA and ITAA), stated in a release that Chopra is "the
right person for the job" and "a superb choice".
Bond added that Chopra "is well known to the nation's technology
community. He has championed policies that enable better government and a
stronger economy through use of technology. Notably, his role in Virginia
placed him in leadership in the state with the highest concentration of
tech workers, and a state that added tech jobs for four consecutive years
as of 2007".
Leslie Harris, head of the Center for
Democracy and Technology (CDT), stated in a release that the choice
of Chopra "is simply stellar". She continued that
"His leadership as Virginia’s Secretary of Technology was
outstanding and this background and experience will serve him well in the
new Administration. He knows that technology helps drive our economic
recovery and is critically important to improving government service for
all of our people."
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Obama Picks Encryption
Opponent for ODNI General Counsel |
4/17. President Obama announced his intent to nominate Robert
Litt to be General Counsel of the Office
of the Director of National Intelligence (ODNI). See, White House
news office release.
He has long been at partner at a large Washington DC law firm.
However, over a decade ago, in the late 1990s, he was active in the
encryption policy debates. He was one of the leaders of the government's
efforts to suppress the use of encryption, and to mandate government back
doors.
The ODNI oversees the intelligence community, including the National Security Agency (NSA), which
intercepts communications and engages in cryptanalysis.
This is the Robert Litt who testified to the House Commerce Committee's
(HCC) Subcommittee on Telecommunications in 1997 that "key recovery
holds great promise for providing the security and confidentiality that
businesses and individuals want and need".
This is the Robert Litt who expressed horror at the thought of public
use of "64-bit key" encryption.
This is the Robert Litt who testified that while "unbreakable
encryption products can be found overseas", and the administration
wants to prevent the manufacture or export by U.S. companies of
encryption products that do not allow back door access by the government,
"U.S. businesses will be able to compete abroad effectively".
This is the Robert Litt who testified to the Senate Judiciary Committee's
(SJC) Subcommittee on the Constitution in 1998 that there would be no
violation the Constitution "If a manufacturer of an encryption
product were required to maintain information sufficient to allow law
enforcement access to plaintext".
The is the Robert Litt who testified that a government mandated
plaintext recovery system would not violate 4th Amendment rights.
This is the Robert Litt who testified in opposition to HR
695 (105th Congress), the SAFE Act, and instead advocated
"legislation prohibiting the manufacture, distribution and import of
encryption products that do not contain plaintext recovery
technologies".
This is the Robert Litt who litigated against people who asserted that
the First Amendment protects their right to publish encryption programs
in the U.S.
See, Litt's March 17, 1998 prepared testimony [TLJ | DOJ] for
the SJC, and September 4, 1997 prepared testimony [TLJ | DOJ] for
the HCC.
See also related story in this issue titled "What Robert Litt Had
to Say About Encryption".
TLJ spoke with Marc
Rotenberg, head of the Electronic
Privacy Information Center (EPIC), which was active in encryption
policy debates in the 1990s. See, EPIC's web
section on cryptography.
"This nomination raises concerns", said Rotenberg. "Mr.
Litt was on the wrong side of the crypto debate in the 1990s."
Rotenberg added that widespread availability of encryption has turned
out to be a good thing, and that "it would have been a mistake"
to mandate key recovery.
Litt is now a partner at the law firm of Arnold & Porter (AP). His
AP biography states that "he has represented corporate and
individual clients in a wide range of criminal and enforcement matters,
including foreign payments, securities regulation, extradition,
pharmaceutical marketing and pricing, violation of export control and
sanctions laws, government contracting, computer and internet law, and
national security matters."
During the administration of former President Clinton he worked at the
Department of Justice (DOJ) as
Principal Associate Deputy Attorney General and as a Deputy Assistant
Attorney General in the Criminal
Division, which includes the Computer
Crimes and Intellectual Property Section (CCIPS).
Federal Election Commission (FEC)
records show that Litt has been a frequent contributor to Democratic
candidates and committees, including President Obama. See, FEC search page
for individual contributors.
The Clinton administration substantially backed away from its attempts
to suppress the use of encryption, and to mandate government back doors,
in late 1999. Some officials, after leaving office, sought to distance
themselves from their anti-encryption actions and statements.
TLJ phoned and e-mailed Litt requesting to speak with him, and in
particular, "to ask if your views on encryption have changed".
He wrote back, "I'm not responding to press queries at this
point."
The ODNI web site states that the the Director of National
Intelligence "serves as the head of the Intelligence Community (IC),
overseeing and directing the implementation of the National Intelligence
Program and acting as the principal advisor to the President, the
National Security Council, and the Homeland Security Council for
intelligence matters related to the national security." (Parentheses
in original.)
The IC includes, among other entities, the NSA and the Central
Intelligence Agency (CIA). The NSA engages in signals intelligence,
including communications intercepts and
cryptanalysis.
The ODNI web site states that the General Counsel provides "legal
support to the Director of National Intelligence to fulfill his statutory
duties".
The acting General Counsel is Corin Stone.
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What Robert Litt Had to Say
About Encryption |
4/17. President Obama announced his intent to nominate
Robert
Litt to be General Counsel of the Office
of the Director of National Intelligence (ODNI). See, White House
news office release.
During the administration of former President Clinton, Litt was a senior
Department of Justice (DOJ) official involved in encryption policy
debates.
Senate Judiciary Committee Testimony. He testified before the Senate Judiciary Committee's
(SJC) Subcommittee on the Constitution, Federalism, and Property Rights
on March 17, 1998. See, prepared testimony [TLJ | DOJ].
Former Sen. John Ashcroft (R-MO), then the Subcommittee's Chairman,
stated that the purpose of the hearing was to "raise awareness about
the important privacy interests that are at stake in the debate over
encryption policy". See, story
titled "Senate Judiciary Committee Holds Hearing on
Encryption", Tech Law Journal, March 17, 1998.
Litt spoke in opposition to legislation that would guarantee the right
to use encryption products.
The bill at issue was HR 695
(105th Congress), the "Security and Freedom Through Encryption
(SAFE) Act", sponsored by Rep. Bob Goodlatte (R-VA) and Rep. Zoe
Lofgren (D-CA).
He wrote that "the widespread use of unbreakable encryption
presents a tremendous potential threat to public safety and national
security"
He addressed data stored on computers. He wrote that "as we move
further into the digital age, as more and more data is stored
electronically rather than on paper, as very strong encryption becomes
built into more and more applications, and as it becomes easier and
easier to use this encryption as a matter of routine, our national
security and public safety will be endangered".
He advocated technology that would "permit timely access to plaintext
by law enforcement authorities".
He continued that "I am prepared to discuss hypothetical
legislation prohibiting the manufacture, distribution and import of
encryption products that do not contain plaintext recovery technologies,
so that the capability to decrypt encrypted data and communications is
available to law enforcement".
"If a manufacturer of an encryption product were required to
maintain information sufficient to allow law enforcement access to
plaintext" there would be no violation of Constitutional rights,
said Litt.
House Commerce Committee Testimony. Litt testified before the House Commerce Committee's
(HCC) Subcommittee on Telecommunications, Trade and Consumer Protection
on September 4, 1997. See, prepared testimony [TLJ | DOJ].
He said that "widespread dissemination of unbreakable encryption
without any accommodation for law enforcement access is a serious threat
to public safety"
"We are gravely concerned that the proliferation and use of
unbreakable encryption would seriously undermine these duties to
protect the American people", said Litt.
Referring to government "wiretaps" and seizure of
"stored computer data", he said that "if unbreakable
encryption proliferates, these critical law enforcement tools would be
nullified".
He further discussed Aldrich Ames, terrorists, pornographers, drug traffickers,
and computer hackers.
"Technology should serve society", said Litt.
"Technology should promote public safety".
He argued for mandating in the U.S., and developing an international
consensus on, the "use of a ``key recovery´´ or ``trusted third party´´
system. Under this system, a key for a given encryption product would be
deposited with a trusted third party or ``recovery´´ agent." The
government would then "obtain the key from the recovery agent in
order to decrypt the information".
He wrote that "key recovery holds great promise for providing the
security and confidentiality that businesses and individuals want and
need, while preserving the government's ability to protect public safety
and national security".
He continued that "Administration policy is to promote the
manufacture and use of key recovery products, to develop a global key
management infrastructure (``KMI´´), and to liberalize United States
restrictions on the export of robust cryptographic products in the hope
that market forces will make such products a de facto industry
standard."
He criticized HR 695. He wrote that "the bill would discourage
the development of a key management infrastructure. Moreover, we believe
that the central provision of the bill, Section 3 which would effectively
eliminate all export controls on strong encryption would undermine public
safety and national security by encouraging the proliferation of
unbreakable encryption."
"The first problem that we see with H.R. 695 is its failure
to promote development of a key management infrastructure. The
Administration believes that the development of a key management
infrastructure is critically important for a safe society. H.R. 695
prohibits laws that would require a keyholder to relinquish keys to third
parties under certain circumstances."
He conceded that "unbreakable encryption products can be found
overseas".
First Amendment Litigation. Litt provided testimony, upon which
the District Court relied in granting summary judgment to the government,
in Junger v. Daley.
This case is Peter Junger v. William Daley, U.S. District Court
for the Northern District of Ohio, Eastern Division, D.C. No.
1:96-CV-1723, Judge James Gwin presiding. See, Opinion and Order,
July 2, 1998. The District Court refers to Litt at page 26, footnote 15.
This opinion is also reported at 8 F. Supp. 2d 708.
Junger, a law professor, sued the federal government to enjoin the
enforcement of government export regulations that prevented him from
publishing encryption programs in connection with teaching a course.
Daley was Secretary of Commerce. The Department of Commerce (DOC)
included the Bureau of Export Administration (BXA), now named the Bureau of Industry and Security (BIS).
Junger asserted that his programs were protected free speech. The
District Court ruled that his programs were functional, not expressive,
and thus not entitled much First Amendment protection.
The U.S. Court of Appeals
(6thCir) issued its opinion
on April 4, 2000. It wrote, "Because computer source code is an
expressive means for the exchange of information and ideas about computer
programming, we hold that it is protected by the First Amendment."
It added that "In light of the recent amendments to the Export
Administration Regulations, the district court should examine the new
regulations to determine if Junger can bring a facial challenge." It
reversed and remanded. This opinion is also reported at 209 F.3d 481.
See also, May 6, 1999, opinion
of the 9th Circuit in Bernstein v. DOJ. The Court of Appeals held
that U.S. encryption export regulations violate First Amendment free
speech rights.
The Court of Appeals found that the Export Administration
Regulations "(1) operate as a prepublication licensing scheme that
burdens scientific expression, (2) vest boundless discretion in
government officials, and (3) lack adequate procedural safeguards.
Consequently, we hold that the challenged regulations constitute a prior
restraint on speech that offends the First Amendment."
This case is Bernstein v. Department of Justice, et al., U.S.
Court of Appeals for the 9thCir, App. Ct. No. 97-16686.
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TLJ Coverage of Encryption Policy Debates:
1998-2000 |
The following is a list of selected Tech Law Journal articles on
encryption policy issues from March 1998 (when Tech Law Journal began
publication) through late 2000 (when the Clinton administration changed
course on encryption policy), in reverse chronological order.
- Administration
Eases Encryption Export Restraints, 7/18/00.
- EPIC
Releases Survey of Encryption Policies Worldwide, 4/3/00.
- Goodlatte
and Cox Condemn Chinese Encryption Policy, 2/9/00.
- Commerce
Department Releases Encryption Export Regulations, 1/13/00.
- Administration
Delays Encryption Export Regulations, 12/14/99.
- Lofgren
Seeks Revisions to Draft Encryption Export Regulations, 12/8/99.
- Representatives
Caution Clinton About Encryption Export Regulations, 11/12/99.
- Rep.
Lofgren Calls for SAFE Act to be Held in Abeyance, 10/6/99.
- Administration
Addresses Encryption Reform Proposal, 9/29/99.
- Rep.
Weldon Criticizes Administration Encryption Reversal, 9/29/99.
- Clinton
Administration Talks Encryption, 9/17/99.
- Reaction to
Clinton Encryption Proposals, 9/17/99.
- Gephardt,
Lofgren and Eshoo Write Clinton on Encryption Bill, 9/14/99.
- Tony Blair
Promises No Government Mandated Key Escrow, 9/13/99.
- DOJ Files
Petition for Rehearing in Bernstein Case, 6/23/99.
- Rush
Limbaugh Criticizes DOJ on Encryption Exports, 6/23/99.
- House
Telecom Subcommittee Approves SAFE Act, 6/17/99.
- Senate Committee
Holds Hearing on PROTECT Act, 6/11/99.
- House
Intelligence Committee Questions Need for SAFE Act, 6/10/99.
- Group Releases
International Survey of Encryption Policies, 6/10/99.
- Goodlatte
Promotes SAFE Act at Network Associates Event, 6/2/99.
- House
Telecom Subcommittee Holds Hearing on SAFE Act, 5/26/99.
- House
Subcommittee Criticizes Administration Opposition to SAFE Act,
5/18/99.
- Ninth
Circuit Rules Encryption Export Regulations Violate First Amendment,
5/10/99.
- Sen.
McCain Introduces Encryption Bill, 4/15/99.
- Rep.
Markey Proposes Federal Regulation to Protect Online Privacy,
4/7/99.
- Sen.
McCain to Introduce an Encryption Bill, 4/1/99.
- House
Judiciary Committee Approves SAFE Act, 3/25/99.
- Encryption
Bill Reintroduced in House, 2/25/99.
- Goodlatte
and Boucher Criticize British Key Escrow Proposals, 2/18/99.
- BSA
Announces Agenda for 106th Congress, 2/8/99.
- Daley and
Pitofsky Hold Joint Press Conference on E-Commerce and Privacy,
2/6/99.
- International
Arms Control Statement Restricts Encryption, 12/4/98.
- Administration
Policy for Boosting E-Commerce Includes Crypto Restraints,
11/30/98.
- Bob
Goodlatte Named Co-Chair of Internet Caucus, 11/20/98.
- Industry
Group Plans Ad Campaign on Encryption, 7/23/98.
- EFF Cracks
56-Bit DES in Three Days, 7/20/98.
- Junger Plans
to Appeal Encryption Ruling, 7/9/98.
- Encryption
Export Controls Upheld By One Judge, 7/7/98.
- Burns Says
Encryption Bill May Be Considered by Senate, 6/17/98.
- Computer CEOs
Meet With Justice Officials, 6/10/98.
- Industry
Leaders to Meet with Freeh on Encryption, 6/2/98.
- Gore
'Electronic Bill of Rights' Speech Omits Encryption, 5/15/98.
- Compromise
Encryption Bill Introduced in Senate, 5/14/98.
- Freeh Warns
of Encryption Use in International Crime, 4/23/98.
- Daley
Calls Crypto Policy Implementation a Failure, 4/16/98.
- Democrats
Write to Clinton on Encryption Policy, 4/6/98.
- Senate
Committee Holds Hearing on Encryption, 3/17/98.
- ACP Brings
Together Strange Bedfellows, 3/16/98.
- Americans
for Computer Privacy Organizes, 3/4/98.
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DNI Releases
Statement Regarding Surveillance |
4/16. Dennis Blair (at
right), the Director of National Intelligence, released a statement
[PDF] regarding surveillance. It is set out in full below:
"One of our
most effective tools in discovering groups planning to attack us are
their communications, and it is the job of the NSA to intercept them. The
NSA does this vital work under legislation that was passed by the
Congress; the NSA actions are supervised by my office and by the Justice
Department under court-approved safeguards; when the intercepts are
conducted against Americans, it is with individual court orders."
"Under these authorities the officers of the National Security
Agency collect large amounts of international telecommunications, and under
strict rules review and analyze some of them. These intercepts have
played a vital role in many successes we have had in thwarting terrorist
attacks since 9/11. On occasion, NSA has made mistakes and intercepted
the wrong communications. The numbers of these mistakes are very small in
terms of our overall collection efforts, but each one is investigated,
the Congress and the courts are notified, corrective measures are taken,
and improvements are put in place to prevent reoccurrences."
"Let me be clear, I do not and will not support any surveillance
activities that circumvent established processes for their lawful
authorization and execution. Additionally, we go to great lengths to
ensure that the privacy and civil liberties of U.S. persons are protected."
"The NSA is vital to the intelligence community's efforts to keep
our country safe and to provide valuable intelligence to our decision
makers and military operations."
"Even in 2009, there are organizations plotting to kill Americans
using terror tactics, and although the memories of 9/11 are becoming more
distant, we in the intelligence services must stop them."
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Time Warner Cable
Ends Consumption Based Pricing Trials |
4/16. Time
Warner Cable (TWC)
announced that it will end its trials of consumption based billing for
broadband access services.
See also, story titled "Free Press and Cable Argue Merits of
Charging for Broadband by Usage" in TLJ Daily E-Mail Alert No.
1,927, April 15, 2009.
Timothy Karr of the Free Press
stated in a release
that "We're glad to see Time Warner Cable's price-gouging scheme
collapse in the face of consumer opposition. Let this be a lesson to
other Internet service providers looking to head down a similar path.
Consumers are not going to stand idly by as companies try to squeeze
their use of the Internet. This is a major victory, but the fight for a
fast, open and affordable Internet is far from over."
Gigi Sohn, head of the Public
Knowledge (PK), stated in a release that
"Time Warner should be commended for stopping its ill-considered and
discriminatory plan to impose unfair usage caps on its customers. The
company properly listened to its subscribers, the public and
policymakers, all of whom were highly critical of the proposition in the
first place.
"It quickly became clear the plan had nothing to do with managing
Time Warner's network, and everything to do with increasing profits at
the expense of captive customers in an uncompetitive broadband
market."
"Going forward, we hope Time Warner and policymakers will work to
expand the choices for consumers, not to limit them."
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In This
Issue |
This issue contains the following items:
• Obama Names Chopra Federal CTO
• Obama Picks Encryption Opponent for ODNI General Counsel
• What Robert Litt Had to Say About Encryption
• TLJ Coverage of Encryption Policy Debates: 1998-2000
• DNI Releases Statement Regarding Surveillance
• Time Warner Cable Ends Consumption Based Pricing Trials
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Correction |
The article titled "Swedish Criminal Court Convicts Pirate Bay
Operators" in TLJ Daily E-Mail Alert No. 1,928 states, at paragraph
thirteen, that "Sydnor explained some advantages of federal RICO
actions. For example, in a criminal copyright infringement action, the
DOJ has a very high burden of proof -- intent beyond a reasonable doubt.
In contrast, the standard in a civil RICO action would be lower -- beyond
a reasonable doubt."
In fact, Sydnor correctly stated that the burden of proof in civil
RICO actions is "preponderance of the evidence".
18
U.S.C. § 1964 provides for civil RICO actions. It does not set the
burden of proof. However, this question is addressed in Sedima, S.P.R.L.
v. Imrex Co., 473 U.S. 479 (1985) and its progeny. The Supreme Court
wrote in its opinion
that "We are not at all convinced that the predicate acts must be
established beyond a reasonable doubt in a proceeding unAneesh
Choprader 1964(c). In a number of settings, conduct that can be
punished as criminal only upon proof beyond a reasonable doubt will
support civil sanctions under a preponderance standard. ... There is no
indication that Congress sought to depart from this general principle
here." (At 473 U.S. 491.)
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Washington Tech
Calendar
New items are highlighted in
red. |
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Monday,
April 20 |
The House will not meet.
The Senate will meet at 2:00 PM. It may begin consideration of
S 386 [LOC | WW],
the "Fraud Enforcement and Recovery Act". It may also consider
the nominations of Christine Varney (to be
Assistant Attorney General in charge of the DOJ's Antitrust Division), Lanny
Breuer (AAG, Criminal Division), and Tony West (AAG, Civil Division).
POSTPONED. 12:00 NOON - 2:00 PM. The Federal Communications Bar Association's
(FCBA) Intellectual Property and Legislative Practice Committees, and the
DC Chapter of the Copyright Society of the U.S.A. will host a brown bag
lunch titled "Communications and Copyright in the 111th Congress".
The FCBA has a history of excluding persons from its lunches. Location:
NCTA, 25 Massachusetts Ave., NW.
6:00 - 9:15 PM. The DC Bar Association
will host the first part of a three part series titled "Preserving
Intellectual Property Rights in Goverment Contracts". The
speakers will include David Bloch (Winston & Strawn), Richard Gray
(Department of Defense), John Lucas (Department of Energy), and James
McEwen (Stein McEwen). The price to attend ranges from $89 to $129 per
part, or $169 to $299 for the series. See, notice.
This event qualifies for continuing legal education credits. The DC Bar
Association has a history of excluding persons from its events. For more
information, call 202-626-3488. Location: D.C. Bar Conference Center, B-1
Level, 1250 H St., NW.
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Tuesday,
April 21 |
The House will return from its two week Easter District Work Period.
It will meet at 2:00 PM for legislative business.
It will consider several non-technology related items under suspension of
the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule
for the week of April 20.
8:00 AM - 3:30 PM. The Motion Picture
Association of America (MPAA) will host an event titled "American
Creativity at Work". For more information, contact 202-378-9118.
9:30 AM. The U.S. Court of
Appeals (DCCir) will hear oral argument in Verizon Washington
DC v. Communications Workers of America, App. Ct. No. 08-7092.
Judges Ginsburg, Rogers and Kavanaugh will preside. Location: 333
Constitution Ave., NW.
10:00 AM - 12:00 NOON. The Heritage
Foundation will host an event titled "The Taiwan Relations
Act's Enduring Legacy on Capitol Hill". The speakers will
include Rep. Shelley Berkley (D-NV). See, notice.
Location: Heritage, 214 Massachusetts Ave., NE.
2:00 PM. The House Judiciary
Committee's (HJC) Subcommittee on the Courts and Competition Policy
and the Internet will hold a hearing titled "A New Age for
Newspapers: Diversity of Voices, Competition and the Internet".
See, notice.
The HJC will webcast this event. Location: Room 2141, Rayburn Building.
2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a
seminar conducted by Matt Osborne (DOJ) on his paper titled "Consumer
Inventory Behavior, Price Sensitivity and Its Implications for Price
Elasticities and Consumer Welfare". To request permission to
attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj
dot gov. Location: Bicentennial Building, 600 E St., NW.
2:00 - 3:30 PM. The Information
Technology and Innovation Foundation (ITIF) will host a panel
discussion titled "Copyright, Content and Class Action Lawsuits:
A Debate on the Google Book Search Settlement". The speakers
will be Allan Adler (Association of American Publishers), Peter Brantley
(Internet Archive), Dan Clancy (Google), and Alan Inouye (American
Library Association). See, notice.
Location: Room LJ 162, Thomas Jefferson Building, Library of Congress,
Independence Ave., NW.
2:00 - 4:00 PM. The Department of State's (DOS) Advisory Committee
on International Economic Policy (ACIEP) will meet. See, notice in the
Federal Register, March 30, 2009, Vol. 74, No. 59, at Page 14181.
Location: DOS, Room 1107, 2201 C St., NW.
2:30 PM. The Senate Commerce
Committee (SCC) will hold a hearing on pending nominations, including
those of Sherburne Abbott (to be Associate Director of the Office
of Science and Technology Policy in the Executive Office of the
President), Peter Appel (Administrator of the Research and
Innovative Technology Administration at the Department of
Transportation), and April Boyd (Assistant Secretary for
Legislative and Intergovernmental Affairs at the Department of Commerce).
See, notice.
Location: Room 253, Russell Building.
2:30 PM. The Senate Judiciary
Committee's (SJC) Subcommittee on Terrorism and Homeland Security
will hold a hearing titled "Protecting National Security and
Civil Liberties: Strategies for Terrorism Information Sharing". Sen. Ben Cardin (D-MD) will preside.
The witnesses will be Zoe Baird (Markle Foundation), former Sen. Slade
Gorton (R-WA), Thomas Manger (Chief of Police of Montgomery County
Maryland), and Caroline Frederickson (ACLU). The SJC will webcast this
event. See, notice.
Location: Room 226, Dirksen Building.
Deadline to submit initial comments to the Copyright Office (CO) and the U.S. Patent and Trademark Office (USPTO)
in response to their notice of inquiry (NOI) regarding facilitating
access to copyrighted works for blind or disabled people. See, notice in the
Federal Register, March 26, 2009, Vol. 74, No. 57, at Pages 13268-13270,
and notice
in the Federal Register, April 17, 2009, Vol. 74, No. 73, at Page 17884.
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Wednesday,
April 22 |
The House will meet at 10:00 AM for
legislative business. The schedule for the week includes consideration of
HR 1580 [LOC | WW],
the "Electronic Waste Research and Development Act",
under suspension of the rules. See, Rep. Hoyer's schedule
for the week of April 20.
Day one of a two day convention hosted by the Consumer Electronics Association (CEA)
titled "CEA Washington Forum". Location: JW Marriott.
9:00 AM - 4:00 PM. The American
Enterprise Institute (AEI) will host an event titled "High-Skilled
Immigration in a Globalized Labor Market". See, notice.
Location: AEI, 12th floor, 1150 17th St., NW.
POSTPONED. 10:00 AM. The Senate Commerce Committee (SCC) will
hold a hearing titled "Reform of the Federal Communications
Commission". See, notice.
Location: Room 253, Russell Building.
10:00 AM. The Senate Homeland
Security and Governmental Affairs Committee (SHSGA) will hold a
hearing on pending nominations, including that of John Morton to
be Assistant Secretary for Immigration and Customs Enforcement at
the Department of Homeland Security (DHS). See, notice.
Location: Room 342, Dirksen Building.
10:30 AM. The U.S. District
Court (DC) will hold a status conference in US v. Microsoft,
D.C. No. 98-1232, and New York v. Microsoft, D.C. No. 98-1233.
Judge Colleen Kotelly will preside. Location: Courtroom 28A.
12:00 NOON - 6:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF)
Engineering Advisory Committee. See, notice in the
Federal Register, April 1, 2009, Vol. 74, No. 61, at Page 14821.
Location: NSF, 4201 Wilson Boulevard, Suite 1235, Arlington, VA.
1:00 PM. The House Small Business
Committee (HSBC) will hold a hearing titled "The Importance
of Technology in an Economic Recovery". Location: Room 2360,
Rayburn Building.
4:00 - 6:00 PM. The House Intelligence Committee
(HIC) will hold a closed hearing. FBI Director Robert Mueller will
testify. See, notice.
Location: Room HVC 304, Capitol Building.
6:00 - 9:15 PM. The DC Bar Association
will host the second part of a three part series titled "Preserving
Intellectual Property Rights in Goverment Contracts". The
speakers will be David Bloch (Winston & Strawn), Richard Gray
(Department of Defense), John Lucas (Department of Energy), and James
McEwen (Stein McEwen). The price to attend ranges from $89 to $129 per
part, or $169 to $299 for the series. See, notice.
This event qualifies for continuing legal education credits. The DC Bar
Association has a history of excluding persons from its events. For more
information, call 202-626-3488. Location: D.C. Bar Conference Center, B-1
Level, 1250 H St., NW.
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Thursday,
April 23 |
The House will meet at
10:00 AM for legislative business. See, Rep. Hoyer's schedule
for the week of April 20.
8:00 AM - 12:00 NOON. Day two of a two day meeting of the National Science Foundation's (NSF)
Engineering Advisory Committee. See, notice in the
Federal Register, April 1, 2009, Vol. 74, No. 61, at Page 14821. Location:
NSF, 4201 Wilson Boulevard, Suite 1235, Arlington, VA.
10:00 AM. The House Appropriations Committee's
(HAC) Subcommittee on Commerce, Justice, Science and Related Agencies may
hold a hearing on the FY 2010 budget for the Department of Justice (DOJ). The witness
will be Attorney General Eric Holder. For more information, contact the
HAC at 202-225-2771. Location: Room 2359, Rayburn Building.
10:00 AM. The Senate Banking
Committee (SBC) will hold a hearing on pending nominations, including
that of David Cohen to be Assistant Secretary for Terrorist
Financing at the Department of the
Treasury (DOT). See,
notice. Location: Room 538, Dirksen Building.
12:00 NOON - 5:00 PM. The Center for
Democracy and Technology (CDT) will host an event titled "State
of the Mobile Net". There will be panels titled "What is
the Mobile Net? Understanding the Mobile Net Ecosystem",
"Spectrum: Is the Lifeblood of the Mobile Net Running Dry?",
"Mobile Network Infrastructure Trends", "Cloud Computing
and Emerging Business Models in the Mobile Space", "Privacy on
the Go", and "What Policy Framework Will Enable Innovation on
the Mobile Net?". See, agenda.
Location: Hyatt Regency Capitol Hill.
8:30 AM - 5:00 PM. Day one of a two day meeting of the Judicial
Conference of the United States' Advisory Committee on Rules of
Evidence. This meeting is open to the public for observation, but not
participation. See, notice in the
Federal Register, January 26, 2009, Vol. 74, No. 15, at Page 4459.
Location: Thurgood Marshall Federal Judiciary Building, One Columbus
Circle, NE.
1:00 - 3:00 PM. The House Science
Committee's (HSC) Subcommittee on Technology and Innovation will hold
a hearing titled "The Role of the SBIR and STTR Programs in
Stimulating Innovation at Small High-Tech Businesses". The
Department of Defense (DOD) administers the Small Business Innovation
Research (SBIR) program and the Small Business Technology Transfer (STTR)
program. See, DOD SBIR/STTR
web page. The witnesses will be Robert Berdahl (Association of
American Universities), Jim Greenwood (Biotechnology Industry
Organization), Sally Rocky (National Institutes of Health), and Jerry
Glover (Small Business Technology Council). The HSC will webcast this
hearing. Location: Room 2318, Rayburn Building.
2:30 PM. The Federal Trade Commission's
(FTC) Bureau of Economics will host an untitled seminar by Lanier Benkard (Stanford
University). He is an economist who has written extensively about
competition and mergers. Location: FTC, New Jersey Ave. Building, Room
4100.
6:00 - 8:00 PM. The Federal
Communications Bar Association's (FCBA) Young Lawyers and Wireline
Practice Committees will host an event titled "Happy Hour". For
more information, contact Matt Gerst at mgerst at ctia dot org. Location:
Poste Moderne Brasserie, 555 8th St., NW.
Day two of a two day convention hosted by the Consumer Electronics Association (CEA)
titled "CEA Washington Forum". Location: JW Marriott.
The Consumer Electronics Association
(CEA) will host an event titled "Digital Patriots Dinner".
Location: JW Marriott.
Deadline for the Federal Communications Commission (FCC) to respond to
letter
[PDF] from leaders of the House
Commerce Committee (HCC) requesting data about subsidies disbursed
under the FCC's universal service high cost program. See, story titled
"House Commerce Committee Seeks FCC Data on High Cost Universal
Service" in TLJ Daily E-Mail Alert No. 1,922, April 6, 2009.
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Friday,
April 24 |
Rep. Hoyer's
schedule for the week of April 20 states that no votes are
expected in the House.
8:30 AM - 5:00 PM. Day two of a two day meeting of the Judicial
Conference of the United States' Advisory Committee on Rules of
Evidence. This meeting is open to the public for observation, but not
participation. See, notice in the
Federal Register, January 26, 2009, Vol. 74, No. 15, at Page 4459.
Location: Thurgood Marshall Federal Judiciary Building, One Columbus
Circle, NE.
9:30 AM. The U.S. Court of
Appeals (DCCir) will hear oral argument in Comcast v. FCC,
App. Ct. No. 08-1114. Judges Ginsburg, Kavanaugh and Randolph will
preside. This case is a challenge to the Federal Communications
Commission's (FCC) cable horizontal and vertical ownership limits.
See, FCC's brief
[PDF]. Location: 333 Constitution Ave., NW.
10:30 AM. The Heritage Foundation
will host an event titled "American Leadership and the China
Challenge in Southeast Asia". The speakers will include Dennis
Wilder (Brookings Institution), Dan Blumenthal (American Enterprise
Institute), Renato Cruz de Castro (De La Salle University, Manila), and
Walter Lohman (Heritage). See, notice.
Location: Heritage, 214 Massachusetts Ave., NE.
12:00 NOON - 2:00 PM. The Progress &
Freedom Foundation (PFF) will host an event titled "ICANN
& Internet Governance: How Did We Get Here & Where Are We
Heading?". The speakers will include Michael Palage. Lunch
will be served. See, notice
and registration
page. Location: Room 2123, Rayburn Building, Capitol Hill.
12:15 - 1:30 PM. The Federal
Communications Bar Association's (FCBA) Wireline Practice Committee
and the DC Bar Association's Computer and Telecommunications Law Section
will host a brown bag lunch titled "Emerging Issues in Online
Behavioral Advertising". The speakers will be Peder Magee (FTC),
Genie Barton (US Telecom Association),
Alison Pepper (Interactive Advertising
Bureau), Ari Schwartz
(Center for Democracy and Technology), Heidi Salow (DLA Piper),
and K.C. Halm (Davis
Wright Tremaine). Both the FCBA and the DC Bar have a history of excluding
people from their lunches. Location: DLA
Piper, 500 8th St., NW.
Deadline to submit applications to participate in the Department of
Commerce's (DOC) International Trade Administration's (ITA) U.S. and
Foreign Commercial Service's (USFCS) Cable Television Trade Mission to
Seoul, South Korea. See, notice in the
Federal Register, March 11, 2009, Vol. 74, No. 46, at Pages 10548-10550.
Deadline to submit reply comments to the Federal Communications
Commission (FCC) in response to its notice
of proposed rulemaking [25 pages in PDF] regarding extending until
June 30, 2010, the freeze of Part 36 category relationships and
jurisdictional cost allocation factors used in jurisdictional
separations. This freeze is set to expire on June 30, 2009. This NPRM is
FCC 09-24 in CC Docket No. 80-286. See, notice in the
Federal Register, April 3, 2009, Vol. 74, No. 63, at Pages 15236-15239.
Deadline for consumer electronics retailers to respond to one letter
[PDF], and for consumer electronics manufacturers to respond another letter
[PDF], from Rep. Henry Waxman
(D-CA) and Rep. Rick Boucher
(D-VA), requesting data and information regarding the supply of coupon
eligible converter boxes.
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Monday,
April 27 |
8:00 AM - 4:00 PM. Day one of a two day conference hosted by the U.S. Chamber of Commerce, the
Association of European Chambers of Commerce and Industry, and other
entities titled "U.S. and EU Approaches to Protecting IP".
See, notice.
For more information, contact Natalie Ethridge at 202-463-5884. Location:
U.S. Chamber, 1615 H St., NW.
6:00 - 9:15 PM. The DC Bar Association
will host the third part of a three part series titled "Preserving
Intellectual Property Rights in Goverment Contracts". The
speakers will be David Bloch (Winston & Strawn), Richard Gray
(Department of Defense), John Lucas (Department of Energy), and James
McEwen (Stein McEwen). The price to attend ranges from $89 to $129 per
part, or $169 to $299 for the series. See, notice.
This event qualifies for continuing legal education credits. The DC Bar
Association has a history of excluding persons from its events. For more
information, call 202-626-3488. Location: D.C. Bar Conference Center, B-1
Level, 1250 H St., NW.
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People and
Appointments |
4/18. President Obama named Jeffrey Zients
Deputy Director for Management at the Office of Management and Budget
(OMB). See, White House news office
release.
4/17. President Obama announced his intent to nominate William
Wilkins to be Chief Counsel for the Internal
Revenue Service (IRS) and an Assistant General Counsel in the Department of the Treasury. He is a
partner in the Washington DC office of the law firm of Wilmer Hale. See, White House news
office release.
Federal Election Commission (FEC)
records show that he has been a frequent contributor to Democratic
candidates. See, FEC search page
for individual contributors.
4/17. President Obama announced his intent to nominate William
Brinkman to be Director of the Department of Energy's (DOE)
Office of Science (OS). See, White House news office release.
He is currently a Senior Research Physicist in the Physics Department at
Princeton University. Previously, he was VP of Research at Bell
Laboratories, Lucent Technologies. The DOE/OS oversees, among other
things, the Argonne National Laboratory
(ANL). It has nearly 3,000 employees and a half billion dollar budget. It
conducts research on computer science and high performance computing,
among other things.
4/16. Rep. Steny Hoyer (D-MD),
the House Majority Leader, announced in a release that he "promoted
Floor Assistant Austin Burnes to Deputy Floor Director and Staff
Assistant Michael Eisenberg to Floor Assistant. Burnes will replace
Alexis Covey-Brandt, who was recently promoted to Floor Director."
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About Tech Law
Journal |
Tech Law Journal publishes a free access web site and
a subscription e-mail alert. The basic rate for a subscription
to the TLJ Daily E-Mail Alert is $250 per year for a single
recipient. There are discounts for subscribers with multiple
recipients.
Free one month trial subscriptions are available. Also,
free subscriptions are available for journalists, federal
elected officials, and employees of the Congress, courts, and
executive branch. The TLJ web site is free access. However,
copies of the TLJ Daily E-Mail Alert are not published in the
web site until two months after writing.
For information about subscriptions, see
subscription information page.
Tech Law Journal now accepts credit card payments. See, TLJ
credit
card payments page.
TLJ is published by
David
Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
P.O. Box 4851, Washington DC, 20008.
Privacy
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& Disclaimers
Copyright 1998-2009 David Carney. All rights reserved.
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