7/20. Jeffrey Zients, Deputy Director for Management at the Office of Management and Budget (OMB), and Federal Chief Performance Officer, wrote a piece titled "Shutting Down Duplicative Data Centers". It announces a federal government plan to consolidate federal data centers.

Zients wrote that "in 2012, we will shut down 178 data centers, bringing us to a total of 373 data centers that will be shut down by the end of 2012. We are closing 195 data centers in this calendar year, of which 81 have already been shut down. This represents substantial progress towards our goal of shutting down more than 800 data centers by 2015".

He explained that "By shrinking our data center footprint we will save taxpayer dollars, cutting costs for infrastructure, real estate and energy. At the same time, moving to a more nimble 21st century model will strengthen our security and the ability to deliver services for less."

Sen. Tom Carper (D-DE) stated in a release that "The American people are weary of a Federal government that wastes scarce taxpayer dollars on assets it doesn't need. There's probably no better example than the $80 billion we spend each year on information technology. The Federal government has consistently thrown good money after bad and built an IT infrastructure that is bloated, inefficient, and actually makes it more difficult for the government to serve its citizens."

Sen. Carper (at right) added that "these first few rounds may be the 'low-hanging fruit' or perhaps the fruit already on the ground. That's why it's so important that we keep up this momentum and push forward on this initiative".

On Wednesday, July 27, Sen. Carper will host an event on Capitol Hill titled "Cloud Computing and Federal Data Center Consolidation Thought Leadership". The speakers will include Sen. Carper, Sen. Scott Brown (R-MA), Vivek Kundra (OMB Federal Chief Information Officer), and others from government and the private sector. See, notice.

See also, S 801 [LOC | WW], the "Information Technology Investment Management Act of 2011", introduced by Sen. Carper on April 12, 2011.

7/20. The U.S. Environmental Protection Agency (EPA) released a document [34 pages in PDF] titled "National Strategy for Electronics Stewardship". See also, EPA release.

This document pertains to disposing of used electronics devices, including computers, cell phones, and music players. It contains numerous proposals for "voluntary partnerships" between government agencies and the electronics industry. It does not propose mandates, except for the used electronics of federal government entities.

Representatives of the EPA, General Services Administration (GSA), and electronics companies, including Dan Hesse of Sprint and Michael Dell of Dell, participated in an event in Austin, Texas, to announce and discuss this document.

Lisa Jackson, EPA Administrator, stated in the EPA release that "The participation of industry leaders like Dell, Sprint and Sony is absolutely essential to this effort, and will help ensure that the work of the federal government -- the largest electronics consumer around -- is protecting our people from pollution".

Nancy Sutley, Chairman of the White House Council on Environmental Quality (CEQ), stated in this release that "Through a strong federal partnership, and coordination with manufacturers, retailers, recyclers, State and local governments, and other stakeholders, the actions outlined here will help address the potential health and environmental problems caused by the mismanagement of discarded electronics".

Sen. Tom Carper (D-DE) stated in a release that this plan "leverages the purchasing power of the Federal government to support responsible purchasing, management and recycling of electronics within the Federal government". He wrote that it directs "Federal agencies to buy, use, reuse and recycle their electronics responsibly".

Sen. Carper is a member of the Senate Homeland Security and Government Affairs Committee (SHSGAC), and Chairman of its Subcommittee on Federal Financial Management.

The Consumer Electronics Association's (CEA) Walter Alcorn stated in a CEA release that "Electronics recycling is a national problem that deserves a national solution. Today's announcement from EPA, GSA and CEQ echoes the principles our industry laid out this spring with the eCycling Leadership Initiative".

7/19. The Computer & Communications Industry Association (CCIA) released a paper [37 pages in PDF] titled "How Public Policy Can Enable Cloud Computing -- Driving Innovation, Investment & Job Creation Beyond the IT Sector".

The CCIA also hosted a panel discussion on July 19 on the subject. The speakers were Michael Nelson (Georgetown University), Phillip Berenbroick (CCIA), Sarah Falvey (Google), Andrew Bridges (Winston & Strawn), and Ed Black (CCIA).

Nelson, who moderated, is a professor at Georgetown University. He previously worked for IBM. Before that, he worked in the Clinton/Gore White House. And before that, he worked for the Senate Commerce Committee's (SCC) Subcommittee on Science, Technology, and Space.

Philip Berenbroick is an attorney at the CCIA. He stated that using cloud service providers (CSP) offers users the advantages of cost savings, increased reliability, and accessibility.

He also discussed several policy proposals. To further accessibility, he advocated policies that further broadband deployment, and affordable broadband. He emphasized Federal Communications Commission (FCC) reform of universal service to cover broadband access, "dig once" legislation that requires installation of fiber optic cable when federal facilities are built, and providing more spectrum, and more efficient use of spectrum, for mobile broadband, through more spectrum sharing and unlicensed use of spectrum, and legislation that gives the FCC voluntary auction authority.

The CCIA report recommends not only "dig once" legislation, but also that "The FCC should continue to work with state and local governments and the private sector to improve policies for right of way and utility pole attachments for fiber optic lines and tower site clearance antennas."

Bridges is an attorney in the San Francisco office of the law firm of Winston & Strawn who counsels and represents technology companies. He focused on issues involving the use of cloud computing services for storage of copyrighted content, including secondary liability of the service provider, statutory damages for copyright infringement, and privacy of the users of the services.

He praised safe harbors, such as that enacted in the Digital Millennium Copyright Act (DMCA) and codified at 17 U.S.C. § 512. He noted that under the DMCA the user receives notice, and can challenge the copyright holder, whereas a filtering system "takes the user out of the equation".

He also said that statutory damages of up to $150,000 per work infringed "has gone awry with companies with extremely broad user bases".

He said that "it has an absolutely chilling effect on start ups". He said, regarding discussions between start ups and content companies, that "there are really hard elbows being thrown under the basket", and that "it requires people to pull back from real innovation".

The CCIA report recommends that "Congress should reexamine whether liability limitations for online services are sufficiently robust to protect cloud providers from being held responsible for content or alleged misconduct by users. If not, Congress should undertake to reform third parties liability laws so as not to inhibit the industry." It also advocates including safe harbor provisions in free trade agreements.

Falvey discussed that nature and advantages of cloud computing. She also cautioned against legislation that would require storing data in the U.S. She said that it would "feed fuel to the fire", leading other nations to enact legislation requiring data to be stored within those nations. Nelson also discussed the importance of transnational data flows.

Nelson said that data breach legislation would push companies to invest in security, but that it must be done right. For example, he cautioned against legislating that the cloud service provider (CSP) must provide the notice to affected users following a breach, because this would require the company using the service to disclose subscriber information to the CSP.

Nelson also said that "we need clarification" on law enforcement access to data stored with a CSP, through reform of the Electronic Communications Privacy Act (ECPA). He said that we do not want people around the world thinking that data stored in the U.S. is too accessible to law enforcement and intelligence agencies.

Ed Black added that the issue also involves access to stored data by divorce lawyers and the county sheriff. He argued the "if the barrier is low ... you undermine the trust and credibility of the system".

The CCIA report recommends that "Congress should reform the ECPA to clarify how it applies to telecommunications carriers. Changes should make clear that ... use of a telecommunications voice and data service is not a disclosure of data to the carrier for purposes of data protection".

The report released at this event covers a much broader range of issues and policy proposals than those discussed at this event.

It recommends updating the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, "so it is clearly applicable to cyber attacks on cloud computing infrastructure".

It recommends that "The Federal Government should annually review censorship and attacks on Internet freedom by trading partners and highlight such actions in trade reports, as well as continue its recent advocacy for Internet freedom."

It recommends that "The Federal Government should adopt a cloud computing model for data storage and IT." (On Wednesday, July 27, Sen. Tom Carper (D-DE) will host an event on Capitol Hill titled "Cloud Computing and Federal Data Center Consolidation Thought Leadership".)

It recommends reform of patent law, and enforcement of antitrust and consumer protection laws.

It recommends that the FCC expand it rules regulating broadband internet access service (BIAS) providers to cover mobile access.

And, it recommends that "Congress should develop a national framework to prevent states and jurisdictions from engaging in multiple and discriminatory taxation of cloud computing services."

7/21. The Senate passed S 1103 [LOC | WW], a bill to extend the term of Federal Bureau of Investigation (FBI) Director Robert Mueller by two years. The House has yet to pass this bill. Mueller's ten year term expires in under two weeks.

Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC), which oversees the FBI, stated that "I am pleased that a bill passed the Senate today that will maintain continuity of leadership at the FBI".

He added that "I hope the House will take up and pass this bill so that it can be signed by the President, and the Senate can confirm Director Mueller's re-nomination, prior to August 3, 2011, when Director Mueller’s current term expires".

Sen. Charles Grassley (R-IA), the ranking Republican on the SJC, stated that "This is an extraordinary step that the Senate has taken. Thirty-five years ago Congress limited the FBI director's term to one, 10-year appointment as an important safeguard against improper political influence and abuses of the past."

However, he continued that "Director Mueller has proven his ability to run the FBI over the last 10 years and he has given assurances that he will remain available to Congress and our constitutional responsibilities of oversight. I am glad the Senate was able to reach an agreement that provides a one-time, short term extension of the FBI Director’s term in a manner that is consistent with the Constitution. We live in extraordinary times which make this move unfortunate, but necessary."

See, stories titled "Obama Wants to Extend Mueller's Term" in TLJ Daily E-Mail Alert No. 2,240, May 13, 2011, "Sen. Leahy Introduces Bill to Extend Mueller's Term" in TLJ Daily E-Mail Alert No. 2,246, May 27, 2011, and "Sen. Leahy Urges Senate to Pass Bill to Extend FBI Director Mueller's Term" in TLJ Daily E-Mail Alert No. 2,264, July 20, 2011.

7/21. The Senate Judiciary Committee (SJC) held an executive business meeting at which it considered numerous judicial nominees. It approved Christopher Droney.

The SJC approved by voice vote the nomination of Christopher Droney to be a Judge of the U.S. Court of Appeals (2ndCir). He has been a Judge of the U.S. District Court (DConn) since 1997. Judge Droney, sitting by designation, joined in the opinion of a three judge panel of the Second Circuit in Arista Records v. Launch Media, holding that a webcasting service is not an interactive service within the meaning of 17 U.S.C. § 114(j)(7). See also, story titled "Obama Nominates Droney for 2nd Circuit" in TLJ Daily E-Mail Alert No. 2,233, May 5, 2011.

The SJC yet again held over consideration of the nomination of Steve Six to be a Judge of the U.S. Court of Appeals (10thCir). His nomination is again on the agenda for the SJC's meeting of July 28. See, notice.

The SJC also approved by voice votes four U.S. District Court nominees: Robert Mariani (USDC/MDPenn), Cathy Bissoon (USDC/WDPenn), Mark Hornak (USDC/WDPenn), and Robert Scola (SDFl).

7/21. President Obama formally nominated Maureen Ohlhausen (Wilkinson Barker & Knauer) to be a Commissioner of the Federal Trade Commission (FTC), and Roslyn Mazer to be Inspector General (IG) of the Department of Homeland Security (DHS). See, White House news office release. The President announced his intent to make these nominations on July 19. The Ohlhausen nomination is for a term of seven years beginning September 26, 2011. This is the seat currently held by Commissioner William Kovacic. See, stories titled "Obama Picks Ohlhausen for FTC Commissioner" and "Obama Picks Mazer for DHS Inspector General" in TLJ Daily E-Mail Alert No. 2,264, July 20, 2011.

7/21. President Obama announced his intent to nominate Sharon Long to be a member of the President's Committee on the National Medal of Science. See, White House news office release. She is a biology professor at Stanford University.

7/21. David Blass was named Chief Counsel and Associate Director of the Securities and Exchange Commission's (SEC) Division of Trading and Markets. See, SEC release.

7/20. Dane Snowdon will join the National Cable & Telecommunications Association (NCTA) as Chief of Staff, effective August 22, 2011. He is currently VP for External & State Affairs at the CTIA. He was Chief of the Federal Communications Commission's (FCC) Consumer and Government Affairs Bureau during the tenure of FCC Chairman Michael Powell, who is now head of the NCTA. See, NCTA release.

7/20. President Obama nominated Michael Fitzgerald to be a Judge of the U.S.. District Court for the Central District of California. See, White House news office release and release. He is a partner in the small Los Angeles law firm of Corbin Fitzgerald & Athey. The firm web site states that it handles white collar defense and business litigation. Federal Election Commission (FEC) records show that Fitzgerald has given money to the election campaigns of Barack Obama and other Democratic candidates.

7/20. Debra Berlyn was reappointed Chairman of the Federal Communications Commission's (FCC) Consumer Advisory Committee. See, FCC Public Notice for list of all members.

The House will meet at 9:00 AM for legislative business. It is scheduled to conclude its consideration of HR 2551 [LOC | WW], the "Legislative Branch Appropriations Act, 2012". See, Rep. Cantor's schedule.

The Senate will meet at 9:30 AM. It will resume consideration of the motion to proceed to HR 2560 [LOC | WW], the "Cut, Cap, and Balance Act of 2011".

Day two day event hosted by the Minority Media and Telecom Council (MMTC) titled "25th Anniversary Access to Capital and Telecom Policy Conference". See, conference web site. Location: Westin Georgetown Hotel, 2350 M St.,  NW..

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its 4th Further Notice of Proposed Rulemaking (NPRM) [16 pages in PDF] regarding out of band emission limits for mobile Broadband Radio Service (BRS) and Educational Broadband Service (EBS) devices operating in the 2496-2690 MHz band. This item is FCC 11-81 in WT Docket No. 03-66 and RM-11614. The FCC adopted this FNPRM on May 24, 2011, and released the text on May 27, 2011. See, notice in the Federal Register, Vol. 76, No. 109, Tuesday, June 7, 2011, at Pages 32901-32906.

12:00 NOON - 1:00 PM. The Heritage Foundation (HF) will host a lecture by John Reynolds (Biola University) titled "Facebook Friends and Socialism: How Social Media Shapes Community". The HF will webcast this event. This event is free and open to the public. See, notice. Location: HF, 214 Massachusetts Ave., NE.

EXTENDED FROM JUNE 24. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [55 pages in PDF] regarding wireless signal boosters. The FCC adopted this item on April 5, 2011, and released the text on April 6, 2011. It is FCC 11-53 in WT Docket No. 10-4. See, original notice in the Federal Register, Vol. 76, No. 90, Tuesday, May 10, 2011, at Pages 26983-26996. See also, FCC's June 20, 2011, Public Notice (DA 11-1078) and extension notice in the Federal Register, Vol. 76, No. 122, Friday, June 24, 2011, at Page 37049.

EXTENDED TO AUGUST 24. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [55 pages in PDF] regarding wireless signal boosters. The FCC adopted this item on April 5, 2011, and released the text on April 6, 2011. It is FCC 11-53 in WT Docket No. 10-4. See, original notice in the Federal Register, Vol. 76, No. 90, Tuesday, May 10, 2011, at Pages 26983-26996. See also, FCC's June 20, 2011, Public Notice (DA 11-1078) and extension notice in the Federal Register, Vol. 76, No. 122, Friday, June 24, 2011, at Page 37049.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) [6 pages in PDF] regarding the economic impact of low power FM stations on full service commercial FM stations. The FCC released this PN on May 10, 2011. It is DA 11-756 in MB Docket No. 11-83. See also, notice in the Federal Register, Vol. 76, No. 97, Thursday, May 19, 2011, at Pages 28983-28986, and story titled "FCC Seeks Comments on Economic Impact of LPFM on Commercial FM" in TLJ Daily E-Mail Alert No. 2,244, May 18, 2011.

9:30 AM - 4:45 PM. The DC Bar Association will host an event titled "Legal Cybersleuth's Guide". The morning session is titled "Mastering Google and Beyond for Investigative Legal Research". The afternoon session is titled "Using Social Networking Sites for Investigative Legal Research While Avoiding Ethical Pitfalls". The speakers will be Carole Levitt and Mark Rosch (Internet for Lawyers). CLE credits. The DC Bar has a history of barring reporters from its events. For more information, call 202-626-3488. Prices vary. See, notice. Location: DC Bar, 1101 K St., NW.

10:00 AM. The Senate Judiciary Committee's (SJC) Subcommittee on Immigration, Refugees and Border Security will hold a hearing titled "The Economic Imperative for Enacting Immigration Reform". The witnesses will include Brad Smith (General Counsel of Microsoft) and Robert Greifeld (CEO of NASDAQ OMX Group). See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 AM. The House Ways and Means Committee (HWMC) will hold a hearing titled "Tax Reform and Consumption-Based Tax Systems". See, notice. Location: Room 1100, Longworth Building.

10:00 - 11:30 AM. The Institute for Policy Innovation (IPI) will host an event titled "Mobile Health: Innovations in Care & the Spectrum Challenge". The speakers will include Anand Iyer (COO-Well Doc, Inc.), Paul McRae (AT&T Emerging Healthcare Technologies), and Merrill Matthews (IPI). This event is free and open to the public. Refreshments will be served. Register by contacting Erin Humiston at erin at ipi dot org or 972-874-5139. See, notice. Location: Room 2325, Rayburn Building.

11:00 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "Cybersecurity: An Overview of Risks to Critical Infrastructure". See, notice. Location: Room 2322, Rayburn Building.

1:30 PM. The Tech America (TA) will host an event to release and discuss a report on cloud computing by the Commission on the Leadership Opportunity in U.S. Deployment of the Cloud. For more information, contact Stephanie Craig at 202-682-4443 or Stephanie dot craig at techamericafoundation dot org. Location: Holeman Lounge, National Press Club, 13th floor, 529 14th St., NW.

9:00 AM. Day one of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The July 27 portion of the meeting is open to the public. The agenda includes "Wassenaar Proposals for 2012", and industry presentations on "Coherent Optical Technologies", "Graphics Processors", and "60 GHz MMIC Applications". See, notice in the Federal Register, Vol. 76, No. 130, Thursday, July 7, 2011, at Pages 39845-39846. Location: Room 3884, DOC, 14th Street between Constitution and Pennsylvania Aves., NW.

1:00 PM. The House Small Business Committee (HSBC) will hold a hearing titled "Bureaucratic Obstacles for Small Exporters: Is our National Export Strategy Working?". See, notice. Location: Room 2360, Rayburn Building.

1:00 - 2:30 PM. Sen. Tom Carper (D-DE) will host an event titled "Cloud Computing and Federal Data Center Consolidation Thought Leadership". The speakers will include Sen. Carper, Sen. Scott Brown (R-MA), Vivek Kundra (OMB Federal Chief Information Officer), and others from government and the private sector. See, notice. For more information, contact Emily Spain at 202-224-2441. Location: Room SVC-201, Capitol Visitor Center.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Nominations". See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [15 pages in PDF] regarding whether to make the grandfathered providers permanently eligible for universal service subsidies under the FCC's rural health care program. The FCC adopted this NPRM on June 20, 2011, and released the text on June 21, 2011. It is FCC 11-101 in WC Docket No. 02-60. See, notice in the Federal Register, Vol. 76, No. 123, Monday, June 27, 2011, at Pages 37307-37309.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its proposed changes to certain patent fee amounts for FY 2012 to reflect fluctuations in the Consumer Price Index (CPI). See, notice in the Federal Register, Vol. 76, No. 123, Monday, June 27, 2011, at Pages 37296-37300.

9:00 AM. Day one of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The July 28 portion of the meeting is closed. See, notice in the Federal Register, Vol. 76, No. 130, Thursday, July 7, 2011, at Pages 39845-39846. Location: Room 3884, DOC, 14th Street between Constitution and Pennsylvania Aves., NW.

10:00 AM - 12:00 NOON. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of Steve Six (to be a Judge of the U.S. Court of Appeals for the 10th Circuit). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

8:30 AM. The Department of Commerce's (DOC) Bureau of Economic Analysis (BEA) is scheduled to release its advance estimate of the U.S. Gross Domestic Product, 2nd Quarter 2011. See, BEA schedule.

12:15 - 1:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "A Reduced History of Telecom Regulation: From the Railroads and the Titanic to iPad Snooki". The speaker will be Dan Brenner (Hogan Lovells). For more information, contact Evan Morris at Evan dot Morris at harris dot com, Mark Brennan at Mark dot Brennan at hoganlovells dot com, or Brendan Carr at BCarr at wileyrein dot com. Location: Wiley Rein, 1776 K St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-63 Revision 1 [110 pages in PDF] titled "Electronic Authentication Guideline".

7/21. The Department of the Treasury's (DOT) Financial Crimes Enforcement Network (FinCEN) published a notice in the Federal Register that announces, describes, recites, and sets the effective data (September 19, 2011) for, its rules changes regarding what entities constitute money services businesses (MSB). These rules changes address new technologies, including those involving stored value. See, Federal Register, Vol. 76, No. 140, Thursday, July 21, 2011, at Pages 43585-43597.

7/21. Federal Communications Commission (FCC) Commissioner Michael Copps gave a speech in Washington DC to the National Newspapers Association (NNA). It was another lament about the declining quality of news journalism, combined with his calls for more government regulation.

7/21. The Federal Communications Commission's (FCC) Media Bureau (MB) announced, but did not release, three more staff reports regarding ownership of media. The titles and authors are:
 • "Media Ownership Study 1, Local Media Ownership and Media Quality", by Adam Rennhoff and Kenneth Wilbur.
 • "Media Ownership Study 4, Local Information Programming and the Structure of Television Markets", by Jack Erb.
 • "Media Ownership Study 10, Broadcast Ownership Rules and Innovation", by Andrew Wise.
See, FCC Public Notice (DA 11-1202 in MB Docket No. 09-182).

7/20. The U.S.-China Economic and Security Review Commission released a staff report [22 pages in PDF] titled "The Confucian Revival in the Propaganda Narratives of the Chinese Government". It states that "In recent years, the Chinese Communist Party (CCP) has undertaken an official rehabilitation of imperial China's preeminent social philosopher", Confucius. "Once a target of official condemnation in Mao-era China as a relic of the country's feudal past and as an obstacle to the Party's vision of social transformation, Confucius has been revived in official propaganda as a national icon of China's traditional culture, as well as a symbol of the Party's concern for public welfare."

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