1/5. Sen. Byron Dorgan (D-ND) announced in a release that he will not run for re-election later this year.

Sen. Dorgan (at right) is a long time member of the Senate Commerce Committee (SCC) who has been active on many telecommunications and information technology related issues. However, he has often taken anti-tech positions.

For example, he worked to limit the scope and duration of the Internet Tax Freedom Act, Internet Tax Nondiscrimination Act, and related federal legislation to limit discriminatory state taxation of internet access services in 1998, 2001, 2004, and 2007. He was one of only three members of the SCC to vote against making the moratorium permanent during markup of the communications reform bill in June of 2006. See, stories and roll call votes table in TLJ Daily E-Mail Alert No. 1, 404, July 5, 2006.

He sponsored legislation to authorize state and local taxing entities to collect taxes from out of state remote sellers, including internet retailers. See, for example, S 1736 (108th Congress), the "Streamlined Sales and Use Tax Act", and story titled "Senators Debate Internet Taxes" in TLJ Daily E-Mail Alert No. 761, October 20, 2003.

He fought against giving trade promotion authority (TPA) to the President back in 2002.

He has also worked to expand Federal Communications Commission (FCC) universal service tax and subsidy programs, and Rural Utilities Service (RUS) loan programs, particularly those that would subsidize or support broadband services in rural areas, such as North Dakota. He opposed placing a dollar cap on universal service collections and distributions.

He has advocated legislation that would impose network neutrality regulation on broadband internet access service providers. See for example, S 2917 (109th Congress), the "Internet Freedom Preservation Act", and story titled "Snowe and Dorgan Introduce Net Neutrality Bill" in TLJ Daily E-Mail Alert No. 1,375, May 22, 2006.

He has advocated media ownership and cross ownership restrictions. He frequently decried media consolidation at SCC hearings, and urged FCC action.

The Public Knowledge lamented his retirement in a release. The PK praised Sen. Dorgan for his recent positions on network neutrality mandates and media consolidation. The PK wrote that he "fought for the interests of consumers ahead of the interests of corporate media giants".

Sen. Dorgan also asserted that "my decision has no relationship to the prospect of a difficult election contest this year". He did not disclose that his decision not to run decreases the probability that the Democratic Party will hold his seat after the 2010 election.

1/4. The Internal Revenue Service (IRS) released a report [51 pages in PDF] titled "Return Preparer Review: December 2009". Much of this report addresses individuals who prepare the tax returns of others. However, the report also addresses tax preparation software. See also, IRS release.

The report announces that the IRS "will establish a task force that will seek the input of the tax preparation software industry, state government representatives, and other relevant stakeholders to address identified risks associated with the dependence of tax administration on consumer and commercial tax preparation software, and discuss the possibility of establishing industry standards."

The report finds that the "consumer and commercial tax software industry is one of the largest and fastest growing industries associated with tax return preparation. Taxpayers self-prepared and electronically filed 32 million tax returns using consumer tax preparation software during the 2009 filing season", while "tax return preparers used tax preparation software to prepare 61.8 million tax returns.

It also states that "quality control over these products rests exclusively with the software publishers". It continues that "There are approximately 80 tax preparation software packages available for purchase in the U.S. currently. About half of those packages are intended for taxpayers who intend to self prepare their tax returns (consumer software) and about half are intended for use by professional tax return preparers (commercial software)". (Parentheses in original. Footnote omitted.)

The report notes that "there have been few studies completed on the quality and accuracy of tax preparation software". Also, the just released report does not attempt to assess the quality of any software. Moreover, on the basis of workshops and written comments, the IRS concludes in this report that there is "no consensus on whether tax administration would benefit from increased or enhanced regulation of the tax preparation software industry".

The IRS now proposes to form a task force to study this subject. "With no consensus on whether enhanced regulation of the tax preparation software industry is necessary and little data available, additional research and planning are recommended. The IRS plans to continue to assess the risks of a high level dependence on consumer and commercial tax preparation software. In furtherance of this goal, the IRS will form a task force that will seek the input of industry representatives, state governments, and other impacted stakeholders. The task force will identify possible risks to tax administration, particularly in the area of tax return accuracy, the security and privacy of taxpayer information and the reliability of electronic filing. The task force will also explore the possibility of establishing industry standards. Research on accuracy issues will be conducted and sources to validate accuracy problems, if any, will be identified and analyzed."

The report also makes specific proposals for the regulation of individual tax preparers.

Sen. Max Baucus (D-MT) (at left), Chairman of the Senate Finance Committee (SFC), which oversees the IRS, stated in a release that "I support the IRS in its efforts to improve oversight of paid tax preparers". Sen. Charles Grassley (R-IA), the ranking Republican on the SFC, stated in this release that "The IRS is correct to take action. People who seek out professional service should get it, plain and simple." However, neither addressed tax preparation software.

Ed Black, head of the Computer and Communications Industry Association (CCIA), stated in a release that the "CCIA welcomes this discussion of possible industry standards and accountability".

He also stated that "The technology industry is committed to working with the Government to develop the most appropriate strategy regarding industry standards related to tax software. Our industry has developed and delivered the modern electronic tax preparation and filing capabilities in the American tax system today, greatly increasing the accuracy of returns, and simplifying and sharply reducing the cost of compliance".

1/5. The Securities and Exchange Commission (SEC) announced that it filed a settlement agreement in the U.S. District Court (NDTex) in SEC v. Reza Saleh.

The SEC alleged in its civil complaint filed on September 23, 2009, that Saleh violated federal securities law in connection with his trading of Perot Systems call options contracts just before and after Dell and Perot Systems announced that Dell would acquire Perot Systems.

The SEC alleged that he made approximately $8.6 Million in illicit profits. Under the just filed settlement, Saleh admits to no wrongdoing, but agrees to transfer these profits to the Court. See, SEC's January 5, 2010 release, and September 23, 2009, release.

This case is SEC v. Reza Saleh and Amir Saleh, U.S. District Court for the Northern District of Texas, D.C. No. 3:09-CV-01778-M (BMGL).

12/29. President Obama issued an executive order regarding the classification of government records as "Top Secret", "Secret", or "Confidential". It is titled "Classified National Security Information". He also released a memorandum.

However, he did not announce that any specific documents, or categories of documents, would be made public. Documents such as government legal memoranda defending warrantless wiretaps remain secret.

The ACLU's Michael German stated in a release that "Although some more comprehensive measures called for by the ACLU and others were not fully realized in the new order, it is encouraging that the president described the new order as just one step in a process toward establishing `a more fundamental transformation of the security classification.´"

The ACLU's Jameel Jaffer stated in this release that "too much information is being kept secret". For example, he noted that the Department of Justice (DOJ) "is still withholding the legal memos that supplied the basis" for the National Security Agency's (NSA) warrantless wiretapping program.

President Obama also released a shorter second executive order designating the offices responsible for classifying records as "Top Secret" or "Secret". This order, among other things, gives the Director of the Office of Science and Technology Policy (OSTP) authority to classify records as "Top Secret".

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The House will meet briefly in pro forma session. Otherwise, the House will not meet the week of January 4-8. See, Rep. Hoyer's release and release. See also, Section 11 of HRes 976 and HConRes 223.

The Senate will meet briefly at 12:00 NOON in pro forma session.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Comaper Corp. v. Antec, Inc., App. Ct. No. 2009-1248, an appeal from the U.S. District Court (EDPenn), D.C. No. 05-1103, in a patent infringement case involving technology for cooling personal computers. Location: Courtroom 402, 717 Madison Place, NW.

The House will not meet.

The Senate will not meet.

9:30 - 10:15 AM. The Federal Communications Commission's (FCC) World Radiocommunication Conference 12 Advisory Committee's (WRC-12 AC) Informal Working Group 3: Space Services will hold a meeting. See, notice [PDF]. Location: FCC, South Conference Room (7th Floor, Room 7-B516), 445 12th St., SW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ariba, Inc. v. Emptoris, Inc., App. Ct. No. 2009-1230, an appeal from the U.S. District Court (EDTex), D.C. No. 9:07cv0090-RHC, in a patent infringement case involving methods and systems for conducting electronic auctions. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Finstar Corp. v. Directv Group, Inc., et al., App. Ct. No. 2009-1410, an appeal from the U.S. District Court (EDTex), D.C. No. 1:05-CV-00264, in a patent infringement case involving systems and methods for scheduling transmission of database tiers upon specific demand or at specific times and rates of repetition. Location: Courtroom 201, 717 Madison Place, NW.

10:15 AM - 12:00 NOON. The Federal Communications Commission's (FCC) World Radiocommunication Conference 12 Advisory Committee's (WRC-12 AC) Informal Working Group 4: Regulatory Issues will hold a meeting. See, notice [PDF]. Location: FCC, South Conference Room (7th Floor, Room 7-B516), 445 12th St., SW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-34 Rev. 1 [150 pages in PDF] titled "Contingency Planning Guide for Federal Information Systems".

The House will not meet.

The Senate will not meet.

9:00 AM - 12:00 NOON. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Policy Committee's Nationwide Health Information Network Workgroup will hold a meeting. The meeting will me on site, as well as webcast and teleconferenced. See, notice in the Federal Register, December 28, 2009, Vol. 74, No. 247, at Pages 68625-68626. Location?

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its request for comments regarding the competitive bidding procedures for Auction 87, for the lower and upper paging bands. See, Public Notice (DA 09-2416), notice of error in Public Notice, and notice in the Federal Register, December 18, 2009, Vol. 74, No. 242, at Pages 67221-67226. This is AU Docket No. 09-205.

EXTENDED TO JANUARY 21. Deadline to submit comments to the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP) regarding public access to archived publications resulting from research funded by federal science and technology agencies. See, notice of extension in the Federal Register, December 31, 2009, Vol. 74, No. 250, at Pages 69368-69370.

The House will not meet.

The Senate will not meet.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Comcast v. FCC, App. Ct. No. 08-1291. Judges Sentelle, Tatel and Randolph will preside. This is a petition for review of the Federal Communications Commission's (FCC) August 2008 order [67 pages in PDF] pertaining to Comcast's management of certain peer to peer traffic. See, story titled "FCC Asserts Authority to Regulate Network Management Practices" in TLJ Daily E-Mail Alert No. 1,805, August 4, 2008. That order is FCC 08-183 in Docket No. 07-52.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Nissim Corp. v. Clearplay, Inc., App. Ct. No. 2009-1327, an appeal from the U.S. District Court (SDFl), D.C. No. 07-81170-CIV, in a patent licensing case regarding technology for skipping objectionable content in DVD movies. See, District Court order [14 pages in PDF] dismissing complaint. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Telecommunications Systems, Inc. v. Mobile 365, Inc., App. Ct. No. 2009-1348, an appeal from the U.S. District Court (EDVa), a patent infringement case involving short messaging. Sybase has acquired Mobile 365. Location: Courtroom 402, 717 Madison Place, NW.

11:00 AM - 12:00 NOON. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) Meaningful Use Workgroup will meet. See, notice in the Federal Register, January 5, 2010, Vol. 75, No. 2, at Page 369. The DHHS will webcast this meeting. The webcast is open to the public. The physical location of the meeting is closed to the public. Written comments are due two days prior to the meeting.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a panel discussion titled "International Cartels During Economic Downturns: What Does History Tell Us? What Does the Future Hold?". The speakers will include Lisa Phelan (Chief of the DOJ's Antitrust Division's National Criminal Enforcement Section) and Ewoud Sakkers (head of the European Commission's Cartels Directorate). The ABA will teleconference this event. This event is free and open to the public. See, notice.

5:00 PM. Deadline to submit requests to the U.S. Patent and Trademark Office (USPTO) to participate in its January 20, 2010, public roundtable associated with its proposed rulemaking regarding practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals. See, notice in the Federal Register, December 22, 2009, Vol. 74, No. 244, at Pages 67987-68004. See also, story titled "USPTO Seeks Comments on Rules of Practice before the BPAI in Ex Parte Appeals" in TLJ Daily E-Mail Alert No. 2,026, December 22, 2009.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding "how government policies and programs create more effective incentives for private financing of deployment of broadband infrastructure in the country’s underserved and unserved areas". The FCC seeks information to assist it in drafting a document titled "National Broadband Plan". This PN is DA 09-2610 in GN Docket Nos. 09-47, 09-51, and 09-137.

The House will not meet.

The Senate will not meet.

8:45 AM - 1:30 PM. The American Enterprise Institute (AEI) will host a conference titled "Locating the Source of Taxable Income in a Global Economy". See, notice. Location: AEI.

10:00 AM - 12:00 NOON. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) Privacy & Security Policy Workgroup will meet. See, notice in the Federal Register, January 5, 2010, Vol. 75, No. 2, at Page 369. The DHHS will webcast this meeting. The webcast is open to the public. The physical location of the meeting is closed to the public. Written comments are due two days prior to the meeting.

SUSPENDED. Extended deadline to file with the Federal Communications Commission (FCC) Form 323, the broadcast ownership report. See, notice of extension. See, December 23, 2009, order (DA 09-2618) suspending deadline while the FCC rewrites Form 323.

The House is scheduled to meet.

The Senate will not meet.

8:00 AM - 5:00 PM. Day one of a two day closed meeting of the Defense Intelligence Agency (DIA) National Defense Intelligence College (NDIC) Board of Visitors. See, notice in the Federal Register, November 10, 2009, Vol. 74, No. 216, at Page 58005. Location: NDIC, Boling Air Force Base.

9:00 AM. The Federal Communications Commission's (FCC) Media Bureau (MB) will host an event titled "media ownership workshop" as part of its 2010 quadrennial review proceeding. The FCC stated in its notice that this event will address "how new media are affecting broadcasters, the lending and investment practices in traditional media, and how market size affects financial issues related to broadcasting". This is MB Docket No. 09-182. Location: FCC, Commission Meeting Room, 445 12th St., SW.

9:00 AM - 12:00 NOON. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) Strategic Plan Workgroup will meet. See, notice in the Federal Register, January 5, 2010, Vol. 75, No. 2, at Page 369. The DHHS will webcast this meeting. The webcast is open to the public. The physical location of the meeting is closed to the public. Written comments are due two days prior to the meeting.

1:00 - 4:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) Nationwide Health Information Infrastructure Workgroup will meet. See, notice in the Federal Register, January 5, 2010, Vol. 75, No. 2, at Page 369. The DHHS will webcast this meeting. The webcast is open to the public. The physical location of the meeting is closed to the public. Written comments are due two days prior to the meeting.

1:30 - 4:30 PM. The Department of Homeland Security's (DHS) National Infrastructure Advisory Council (NIAC) will meet. See, notice in the Federal Register: December 22, 2009, Vol. 74, No. 244, at Page 68071. Location: National Press Club, Ballroom, 529 14th St., NW.

6:00 - 9:15 PM. The DC Bar Association will host an event titled "How to Litigate a Patent Infringement Case". The speaker will be Patrick Coyne (Finnegan Henderson). The price to attend ranges from $89 to $129. Most DC Bar events are not open to the public. This event qualifies for continuing legal education (CLE) credit. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

8:00 AM - 12:00 NOON. Day two of a two day closed meeting of the Defense Intelligence Agency (DIA) National Defense Intelligence College (NDIC) Board of Visitors. See, notice in the Federal Register, November 10, 2009, Vol. 74, No. 216, at Page 58005. Location: NDIC, Boling Air Force Base.

9:00 AM - 12:00 PM. The Cato Institute will host a program titled "The Obama Administration's Counterterrorism Policy at One Year". Among the many speakers will be Jim Harper (Cato) who focuses on policy related to information technologies, identification, and privacy. See, notice and registration page. This event is free and open to the public. The Cato Institute will webcast this event. Lunch will be served after the program. Location: Cato, 1000, Massachusetts Ave., NW.

12:30 - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a panel discussion titled "Fundamentals of Antitrust Exemptions and Immunities". The speakers will include Gregory Luib (FTC's Competition Bureau). The ABA will teleconference this event. This event is free and open to the public. See, notice.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its proposal to change its procedure for handling notices of appeal and appeal briefs that identify fewer than all of the rejected claims as being appealed. See, notice in the Federal Register, December 14, 2009, Vol. 74, No. 238, at Pages 66097-66098.