ACLU Reports on Cell Phone
Tracking |
4/2. The American Civil Liberties Union (ACLU) published
in its web site a large number of freedom of information act (FOIA) requests that it submitted
to local law enforcement agencies around the US, and the responses that it received. These
requests and responses pertain to electronic surveillance, and especially, cell phone tracking.
The ACLU also issued a
short release, and a
report [7 pages in PDF] titled "ACLU Affiliate Nationwide Cell Phone
Tracking Public Records Requests: Findings and Analysis". See also, ACLU
web page with hyperlinks to requests and responses.
This report finds that "The overwhelming majority of law enforcement agencies that
responded engage in at least some cell phone tracking. Most law enforcement agencies that
responded engage in cell phone tracking for investigative purposes. Even those that have not
tracked cell phones in the course of a criminal investigation have tracked cell phones in
emergencies, for example to locate a missing person. A few law enforcement agencies stated
that they have never tracked cell phones."
The report also states that some law enforcement agencies, including those of Wichita,
Kansas, and Lexington, Kentucky, "require a warrant and probable cause to track cell
phones for investigative purposes". However, most proceed with less.
The ACLU's Catherine Crump stated in the ACLU release that "What we have learned is
disturbing. The government should have to get a warrant before tracking cell phones. That is
what is necessary to protect Americans' privacy, and it is also what is required under the
Constitution ... The fact that some law enforcement agencies do get warrants shows that a
probable cause requirement is a completely reasonable and workable policy, allowing police
to protect both public safety and privacy."
Crump is one of the attorneys who signed an amicus curiae brief filed with the U.S. Court
of Appeals (5thCir) last month in the case titled In the Matter of the Application of the United
States of America for Historical Cell Site Data. See, related story in this issue titled
"Groups File Amicus Briefs Regarding Warrantless Seizure of Historical Cell Site Location
Data".
Also, the ACLU report states that "While most law enforcement agencies report relying
on cell phone companies to track their customers, some have purchased their own cell tracking
technology."
The ACLU report notes that wireless services providers are holding data for a long time, and
making lots of money from selling access to it to law enforcement agencies.
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Status of Legislative Efforts to Require a
Court Issued Warrant to Obtain Wireless Device Location Data |
4/13. Two bills have been pending in the House and Senate for over ten months that would
require law enforcement agencies to get a court warrant based upon probable
cause to obtain geolocation data from wireless service providers.
No Committee or Subcommittee has yet held a hearing or a mark up session on either bill.
However, there have been hearing in both chambers that have addressed law enforcement
access to location data, as well as tracking technologies.
On March 30, 2010, a coalition of companies and groups named
Digital Due Process (DDP) announced a set of
four principles which they argue should be incorporated into the federal statutes that
regulate government searches and seizures of stored communications and data.
One of these is that "The government should obtain a search warrant based on
probable cause before it can track, prospectively or retrospectively, the
location of a cell phone or other mobile communications device."
The membership of the DDP now includes Adobe, Amazon, eBay, Google, IBM,
Intel, HP, LinkedIn, Microsoft, Salesforce.com, and other companies.
The DDP web site lists AT&T, Century Link and some other wireless service
providers as members.
The membership also includes the Association for Competitive Technology (ACT), Business
Software Association (BSA), Center for Democracy and Technology (CDT), Computer and Communications
Industry Association (CCIA), Information Technology and Innovation Foundation (ITIF), Software
and Information Industry Association (SIIA), Tech America, Tech Freedom, Telecommunications
Industry Association (TIA), and other information and communications technology groups.
The membership also includes the ACLU and other groups. See also, story titled "Digital
Due Process Coalition Proposes Changes to Federal Surveillance Law" in
TLJ Daily E-Mail
Alert No. 2,068, March 31, 2010.
In June of 2011 legislators introduced companion bills in the House and Senate that would
require law enforcement agencies to get a court warrant to obtain geolocation data for wireless
devices.
On June 15, 2011, Sen. Ron Wyden (D-OR) introduced
S 1212 [LOC |
WW], the
"Geolocational Privacy and Surveillance Act". Sen.
Mark Kirk (R-IL) became a cosponsor on October 18. He is the only cosponsor.
S 1212 was referred to the Senate Judiciary
Committee (SJC), which has taken no action on the bill. Neither Sen. Wyden nor Sen. Kirk
are members of the SJC.
On June 14, 2011, Rep. Jason Chaffetz (R-UT) and
Rep. Bob Goodlatte (R-VA) introduced HR 2168
[LOC
| WW],
also titled the "Geolocational Privacy and Surveillance Act". It now has a
total of 18 sponsors.
Support for HR 2168 is bipartisan. But then, so is opposition. And,
Rep. Lamar Smith (R-TX), the Chairman of the HJC,
is worked to expand law enforcement access to data via his data retention mandate bill,
HR 1981 [LOC
| WW].
See, stories in TLJ
Daily E-Mail Alert No. 2,278, August 3, 2011.
HR 2168 was referred to the House Judiciary Committee
(HJC), and its Subcommittee on Crime, Terrorism, and Homeland Security, and to the
House Intelligence Commitee (HIC).
These bills would add a new Chapter 120 to the criminal code titled "Geolocation
Information". (Currently,
Chapter 119, which
addresses "Wire and Electronic Communications Interception and Interception of Oral
Communications", deals with wiretaps, other intercepts, and bugs. Also, currently,
Chapter 121 addresses
"Stored Wire and Electronic Communications and Transactional Records Access".)
First, the two bills define "geolocation information" as "the location of a
wireless communication device or tracking device ... that, in whole or in part,
is generated by or derived from the operation of that device and that could be
used to determine or infer information regarding the location of the person".
Then, the bills broadly define "intercept" as "the acquisition of geolocation
information through the use of any electronic, mechanical, or other device".
Then, the bills prohibit intercepting geolocation information, as well as
disclosing or using intercepted geolocation information.
Of course, the bills provide numerous exceptions. The service provider is
allowed to intercept, use and disclose geolocation information in the normal
course of providing wireless service.
There are also exceptions for interception under the Foreign Intelligence
Surveillance Act (FISA), with consent, for emergency purposes, and for law
enforcement investigation of fraud or theft of wireless devices.
And, there is an exception for interception, disclosure and use pursuant to a
court issued warrant.
The basic prohibition provides in part that "it shall be unlawful for any
person to ... intentionally intercept, endeavor to intercept, or procure any
other person to intercept or endeavor to intercept, geolocation information
pertaining to another person ... intentionally disclose, or endeavor to
disclose, to any other person geolocation information pertaining to another
person, knowing or having reason to know that the information was obtained
through the interception of such information in violation of this paragraph ...
intentionally use, or endeavor to use, any geolocation information, knowing or
having reason to know that the information was obtained through the interception
of such information in violation of this paragraph ... intentionally disclose,
or endeavor to disclose, to any other person the geolocation information
pertaining to another person intercepted by" authorized means".
The warrant exception provides in part that "A governmental entity may
intercept geolocation information or require the disclosure by a provider of a
covered service of geolocation information only pursuant to a warrant issued
using the procedures described in the Federal Rules of Criminal Procedure (or,
in the case of a State court, issued using State warrant procedures) by a court
of competent jurisdiction ..." (Parentheses in original.)
The bills also create an exclusionary rule for location data. Any location data acquired
in violation of the new Chapter 120 is inadmissible as evidence in court.
The bills also create a private right of action for violation.
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Groups File Amicus Briefs Regarding
Warrantless Seizure of Historical Cell Site Location Data |
3/16. The American Civil Liberties Union (ACLU), Electronic Frontier Foundation (EFF),
Center for Democracy and Technology (CDT), and others filed an
amicus curiae brief with the
U.S. Court of Appeals (5thCir) in In the Matter
of the Application of the United States of America for Historical Cell Site Data.
They argued that the Stored Communications Act (SCA) grants courts the
discretion to require the government to obtain a warrant based upon probable
cause before accessing historical cell phone location data. The SCA compels this
conclusion, and the Court of Appeals should avoid the 4th Amendment issue, these
groups asserted.
This case is an appeal brought by the US from a judgment of the District Court
which upheld a magistrate judge's decision that law enforcement agencies seeking
60 days of cell site location information from wireless service providers must
obtain from the court a warrant based upon probable cause. The District Court
held that this is a 4th Amendment requirement.
See also,
short piece by the CDT's Greg Nojeim.
Also, the Electronic Privacy Information Center
(EPIC) filed its own
amicus curiae brief [41 pages in PDF] on March 16 in this case.
The EPIC argued that consumers have a reasonable expectation that their
cell phone location data will remain private, and that the "Court should
protect individual privacy by holding the Government to a Fourth Amendment
probable cause standard when it seeks to obtain comprehensive records concerning
an individual’s private activities".
See also, the EPIC web page
for this case.
The Department of Justice (DOJ) argued in its
brief,
filed in February, that consumer location data is business records of the wireless service
providers, and that law enforcement agencies can obtain an order from the court under the Section 2703(d)
of the SCA, without a showing of probable cause, directing the service providers
to give law
enforcement agencies that data.
Under 18 U.S.C. § 2703(d) the
government need only show the court that the information sought is "relevant and material
to an ongoing criminal investigation". This is a very low and easy to satisfy standard.
This case is In the Matter of the Application of the United States of America for Historical
Cell Site Data, U.S. Court of Appeals for the 5th Circuit, App. Ct. No. 11-20884, an appeal
from the U.S. District Court for the Southern District of Texas, Houston Division, D.C. No.
4:11-MC-00223.
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Maryland Senate Passes Bill to Protect
Employee Passwords for Social Media |
4/1. The Senate of the state of Maryland passed
Senate Bill 443,
a bill regarding employer demands for employees' social media passwords.
This bill provides that "an employer may not request or require that an
employee or applicant disclose any user name, password, or other means for
accessing a personal account or service through an electronic communications
device". However, an employer may demand user names or passwords that provide
access to the employer's internal computer or information systems.
The U.S. House of Representatives briefly discussed this issue during floor consideration of
HR 3309 [LOC |
WW], the "Federal
Communications Commission Process Reform Act of 2012". See, story titled "House Rejects
Motion Pertaining to Employer Demands for Employee Passwords for Social Networking Sites",
and related stories, in TLJ Daily E-Mail Alert No. 2,361, March 30, 2012.
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People and
Appointments |
4/13. Suzanne Barnett was named Chief Copyright Royalty Judge and head of the
Copyright Royalty Board (CRB), effective May 20, 2012.
She is currently a state trial court judge in King County, Washington. She will replace James
Sledge. This is a three member panel. William Roberts and Stanley Wisniewski
are the two other members of the CRB.
4/12. Matthew Solomon was named Deputy Chief Litigation Counsel of the
Securities and Exchange Commission's (SEC)
Division of Enforcement. See, SEC
release. He was previously an
Assistant U.S. Attorney in the District of Columbia, and Chief of its Fraud Unit. Before that,
he briefly worked for the Senate Judiciary Committee (SJC). And before that, he worked in the
Department of Justice's (DOJ) ethically challenged
Public Integrity Section (PIS).
4/11. President Obama announced his intent to appoint
Carol Greider
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 Johns Hopkins University School of Medicine.
4/10. The Electronic Privacy Information Center (EPIC)
announced in a release
the members of its Advisory Board for 2012. They are Colin Bennett (University of Victoria,
Canada), Ryan Calo (Stanford University law school), Laura Donohue (Georgetown
University law school), Cynthia Dwork (Microsoft), Orin Kerr (George Washington
University law school), and Frank Pasquale (Seton Hall University law school).
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More
News |
4/9. T-Mobile USA and Leap Wireless
announced plans to exchange spectrum. T-Mobile announced in a
release that it
"has entered into an agreement with Leap Wireless International, Inc. and Savary Island
Wireless, LLC (Leap's non-controlled, majority-owned venture), to exchange wireless spectrum
in various markets." (Parentheses in original.) It added that "T-Mobile will receive
spectrum from Leap in several markets in Alabama, Illinois, Missouri and Minnesota, and Leap will
receive spectrum from T-Mobile in Phoenix, AZ and Houston, Galveston and Bryan-College Station,
TX. Additionally, the companies will exchange spectrum in Philadelphia, Wilmington, DE and Atlantic
City, NJ as well as several markets in Texas and New Mexico." The license transfers require
approval by the Federal Communications Commission (FCC). See also, Leap Wireless
release.
4/9. The U.S. Patent and Trademark Office
(USPTO) released a short piece by David
Kappos titled "Electronic Terminal Disclaimers Now Get Immediate Approvals".
4/4. European Trade Commissioner Karel De Gucht issued a
release regarding the
status of the referral of the Anti-Counterfeiting Trade Agreement (ACTA) to the European
Court of Justice (ECJ). It states that "The legal submission agreed by the College of
Commissioners today is a broad legal question which will allow the European Court of Justice
a detailed examination of whether ACTA is in line with European Fundamental Rights such as
the freedom of expression and information or data protection and the right to property including
that of intellectual property. The question which has been agreed upon unanimously is: ``Is the
Anti-Counterfeiting Trade Agreement (ACTA) compatible with the European Treaties, in particular
with the Charter of Fundamental Rights of the European Union?´´". De Gucht also urged the
European Parliament to wait for the ECJ opinion before determining its own position.
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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 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
3034 Newark St. NW, Washington DC, 20008.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998-2012 David Carney. All rights reserved.
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In This
Issue |
This issue contains the following items:
• ACLU Reports on Cell Phone Tracking
• Status of Legislative Efforts to Require a Court Issued Warrant to Obtain Wireless
Device Location Data
• Groups File Amicus Briefs Regarding Warrantless Seizure of Historical Cell Site
Location Data
• Maryland Senate Passes Bill to Protect Employee Passwords for Social Media
• People and Appointments
• More News
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Washington Tech
Calendar
New items are highlighted in
red. |
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Monday, April 16 |
The House will return from its two week recess at
2:00 PM. Votes will be postponed until 6:30 PM. The House will
consider several commemorative items under suspension of the rules. See, Rep.
Cantor's schedule for the week.
The Senate will return from its two week recess. It will resume
consideration of S 2230
[LOC |
WW], a tax
bill.
8:00 AM - 5:00 PM. The
American Bar Association (ABA) will host a conference
titled "Public Utility, Communications and Transportation Annual Spring Program
2012". The price to attend ranges from $75 to $450. See,
notice. Location: Pepco Holdings, 701 9th St., NW.
8:30 AM - 5:00 PM. The Department of Commerce's (DOC)
Bureau of Industry and Security's (BIS) Emerging
Technology and Research Advisory Committee (ETRAC) will hold a closed meeting. The BIS
agenda for this meeting is undisclosed. See,
notice in the
Federal Register, Vol. 77, No. 62, Friday, March 30, 2012, at Page 19179. Location: Room 6527,
DOC Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.
1:00 - 2:00 PM. The
American Bar Association (ABA) will host an on site
and telecast panel discussion titled "Asia Pacific Economic Cooperation: Cross Border
Privacy Rules Introduction And Spotlight on Canada". The speakers will be Daniele
Chatelois (Canadian government's Industry Canada) and Josh Harris (U.S. Department of Commerce's
Office of Technology and Electronic Commerce). Free. No CLE credits. See,
notice. Location: Fulbright & Jaworski, 801
Pennsylvania Ave., NW.
1:00 - 2:30 PM. The
Heritage Foundation will host a speech
by Shintaro Ishihara (Governor of Tokyo) and panel discussion titled "The
U.S.-Japan Alliance and the Debate Over Japan's Role in Asia". The other
speakers will be Richard Lawless (former Deputy Undersecretary of Defense for
Asian and Pacific Security Affairs), James Auer (Vanderbilt University), and
Walter Lohman (Heritage). See,
notice.
Location: Heritage, 214 Massachusetts Ave., NE.
TIME? The American Bar
Association (ABA) will host a telecast panel discussion titled "Legal Issues
Stemming from the Impending Shortage of Wireless Spectrum". The speakers will be
Tarak Anada (Jones Walker),
Babette
Boliek (Pepperdine University School of Law), Michael Goggin (AT&T Mobility), and
Daniel Brenner (Hogan Lovells).
Different ABA notices provide different times. One states 3:00 - 4:00 PM. The other states
4:00 - 5:00 PM. See,
notice.
The Executive Office of the President's (EOP)
President's Council of
Advisors on Science and Technology (PCAST) will hold a partially closed meeting. The
agenda includes a discussion of a report on the PCAST's
Advanced Manufacturing
Partnership (AMP). The public portion of the meeting will be teleconferenced from 4:30 -
5:00 PM. The deadline to register to register is 12:00 NOON on April 12. See,
notice in the
Federal Register, Vol. 77, No. 60, Wednesday, March 28, 2012, at Pages 18798-18799.
5:00 PM. Deadline to submit comments to the
Office of the U.S. Trade Representative (OUSTR) following
its March 29 hearing to assist it in preparing its 2011 Annual GSP Product Review. See,
original notice in
the Federal Register, Vol. 77, No. 34, Tuesday, February 21, 2012, at Pages 10034-10036. See
also, notice of change
of date in the Federal Register, Vol. 77, No. 52, Friday, March 16, 2012, at Page 15841.
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Tuesday, April 17 |
The House will meet at 10:00 AM for morning
hour, and at 12:00 NOON for legislative business. The House will consider non-technology
related items. See, Rep. Cantor's schedule for
the week.
8:00 - 10:00 AM. The Broadband
Census News LLC will host a panel discussion titled "Social Networking, the End of
Media and Future of Privacy". The speakers will be Julie Brill (FTC Commissioner),
Bruce Gottlieb (General Counsel of Atlantic Media Company), Sarah Hudgins (Interactive
Advertising Bureau), Jules Polonetsky (Future of Privacy Forum), and Drew Clark (moderator).
Breakfast will be served. This event is open to the public. The price to attend is $47.12. See,
notice and registration page. This
event is also sponsored by Comcast, Google, ICF Intl., Intel,
NCTA TIA, and US Telecom. Location: Clyde's of Gallery Place,
707 7th St., NW.
8:30 AM - 3:30 PM. The Department of Commerce's (DOC)
Bureau of Industry and Security's (BIS) Emerging
Technology and Research Advisory Committee (ETRAC) will hold an open meeting. The agenda
for this meeting includes a discussion of "Nanotechnology--Nanocoated Materials".
See, notice in
the Federal Register, Vol. 77, No. 62, Friday, March 30, 2012, at Page 19179. Nanocoating has
many applications in ICT, including protecting electronics devices from moisture caused
corrosion, producing flat panel displays, and adding antireflection coating to optical
products. Location: Room 3884, DOC Hoover Building, 14th Street between Pennsylvania and
Constitution Avenues, NW.
1:00 - 2:30 PM. The American
Bar Association (ABA) will host a webcast and telecast panel discussion titled "The
New World of Licensing Songs and Sound Recordings". The speakers will be Jeff Brabec
(BMG Chrysalis), Todd Brabec, Henny Root (Lapidus Root). Prices vary. CLE credits. See,
notice.
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, Vol. 77, No. 62, Friday, March 30, 2012, at Pages
19300-19301. Location: 1310 N. Courthouse Road, Suite 300, Arlington, VA.
2:30 PM. The
Senate Intelligence Committee
(SIC) will hold a closed meeting. See,
notice. Location: Room 219, Hart Building.
6:00 - 9:15 PM. The DC Bar
Association will host the first part of a two part program titled "Preserving
Intellectual Property Rights in Gov't Contracts". This first part is subtitled
"A Beginner's Guide". 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 this part ranges from $89 to $129. CLE credits. See,
notice. For more information, call 202-626-3488. The DC Bar has a history of barring
reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.
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Wednesday, April 18 |
The House will meet at 10:00 AM for morning
hour, and at 12:00 NOON for legislative business. The House will consider non-technology
related items. See, Rep. Cantor's schedule for
the week.
9:00 AM - 3:00 PM. The Department of Health and Human Services' (DHHS) Office
of the National Coordinator for Health Information Technology's (ONCHIT) HIT Standards Committee
will meet. See, notice
in the Federal Register, Vol. 77, No. 52, Friday, March 16, 2012, at Page 15760. Location:
Renaissance Hotel, 999 9th St., NW.
10:00 AM. The Senate
Judiciary Committee (SJC) will hold a hearing titled "Nominations to the Privacy
and Civil Liberties Oversight Board". The witnesses will be the five nominees: James
Dempsey (CDT), Elisebeth Cook, Rachel Brand, David Medine, and Patricia Wald. See,
notice. See also, story titled "Obama to Nominate Dempsey and Cook to Privacy and
Civil Liberties Oversight Board" in
TLJ Daily E-Mail Alert No.
2,181, December 17, 2010, and August 25, 2001
letter of the
ACLU, EPIC and others. The SJC will webcast this hearing. Location: Room 226, Dirksen
Building.
11:15 AM. The House
Judiciary Committee's (HJC) Subcommittee on Immigration Policy and
Enforcement will hold a hearing titled "Document Fraud in Employment
Authorization: How an E-Verify Requirement Can Help".
The witnesses will include Waldemar Rodriguez (U.S.
Immigration and Customs Enforcement). See, HJC
notice.
See also, story titled "Rep. Lamar Smith Seeks Passage of E-Verify Bill" in
TLJ Daily E-Mail Alert No.
2,337, February 15, 2012. Location: Room 2141, Rayburn Building.
12:00 NOON - 1:15 PM. The Information
Technology and Innovation Foundation (ITIF) will host a panel discussion titled
"Internet Platform Competition and Market Convergence". The speakers will be
Richard Bennett (ITIF),
Anna-Marie Kovacs
(Georgetown University), and Jonathan
Sallet (O'Melveny & Myers). Location: Room B-318, Rayburn Building.
12:30 - 2:00 PM. The American Intellectual
Property Law Association (AIPLA) will host a webcast presentation titled "Are
You the Weakest Link? Making Certain that In-House and Outside Counsel
Protect Their Client’s Trade Secrets". The speakers will be Mark Halligan
(Nixon Peabody) and Janet Craycroft (Intel Corporation). CLE credits. CD, MP4
download, archived webcast, and other formats available. Prices vary. See,
registration page.
1:00 - 2:30 PM. The American Bar
Association (ABA) will host a audio webcast and telecast panel discussion titled
"Remote Sales Tax and Nexus Issues: The Latest on Taxation of Internet Sales".
The speakers will be Edward Bernert (Baker & Hostetler), George Isaacson (Brann &
Isaacson), and Bruce Johnson (Utah State Tax Commission). Prices vary. CLE credits.
See, notice.
2:00 PM. The House Science
Committee's (HSC) Subcommittee on on Technology and Innovation will hold a hearing titled
"Avoiding the Spectrum Crunch: Growing the Wireless Economy through Innovation".
The witnesses will be Richard Bennett
(Information Technology and Innovation Foundation), Mary Brown (
Cisco Systems), Christopher McCabe (CTIA), Rangam
Subramanian (Idaho National Laboratory), and James Olthoff (NIST). The HSC will webcast this
event. See,
notice. Location: Room 2318, Rayburn Building.
2:00 PM. The House Homeland
Security Committee's (HHSC) Subcommittee on Transportation Security will hold a hearing
titled "Building Secure Partnerships in Travel, Commerce, and Trade with the
Asia-Pacific Region". The witnesses will
include Mark Koumans (DHS) and John Halinkski (DHS/TSA). See,
notice. Location: Room 311, Cannon Building.
2:30 PM. The Senate
Intelligence Committee (SIC) will hold a closed meeting. See,
notice. Location: Room 219, Hart Building.
3:30 - 5:00 PM. The Federal Communications Commission (FCC) will hold an event
titled "Inside the FCC: Tips on Effective Written Advocacy from FCC Staff". For
more information, contact
Brendan Carr (Wiley Rein) at bcarr at wileyrein dot com or
Justin Faulb (Lampert O'Connor
& Johnson) at faulb at lojlaw dot com. The
FCBA
states that this is an event of its Young Lawyers Committee. Location: FCC, Commission
Meeting Room, 445 12th St., SW.
Deadline to submit initial comments to the Federal Communications
Commission (FCC) in response to its Public Notice (PN) that seeks comment regarding whether
to fund Rural Health Care Pilot Program participants who will exhaust funding allocated
to them before or during funding year 2012 (July 1, 2012 - June 30, 2013). The FCC's Wireline
Competition Bureau (WCB) released this PN on February 27, 2012. It is DA 12-273 in WC Docket
No. 02-60. See,
notice in the Federal Register, Vol. 77, No. 47, Friday, March 9, 2012, at
Pages 14364-14366.
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Thursday, April 19 |
The House will meet at 9:00 AM for
legislative business. The House will consider non-technology related items. See, Rep. Cantor's
schedule for the week.
8:30 AM - 1:30 PM. The
Technology Policy Institute (TPI), Information Technology
and Innovation Foundation (ITIF) and
Silicon Flatirons will host an event
titled "The Innovation Consensus: Economic Growth in 2013 and Beyond". The
speakers will include Sen. Chris Coons (D-DE),
Sen. Jerry Moran (R-KS),
Sen. Mark Warner (D-VA),
Rep. Kevin Brady (R-TX), and
Rep. Ron Kind (D-WI). See, TPI
notice and ITIF
notice. Location: Kaiser Family Foundation, 1330 G St., NW.
9:00 AM. The House
Intelligence Committee (HIC) will hold a hearing titled "Ongoing Intelligence
Activities". See,
notice. Location: __.
10:00 AM. The House
Ways and Means Committee's (HWMC) Subcommittee on Human Resources will hold a hearing
titled "Use of Technology to Better Target Benefits and Eliminate Waste, Fraud, and
Abuse". Location: Room 1100, Longworth Building.
10:00 AM. The Senate
Judiciary Committee (SJC) will hold an executive business meeting. The agenda again
includes consideration of the nominations of William Kayatta to be a Judge of the
U.S. Court of Appeals (1stCir), John Fowlkes
(USDC/WDTenn), Kevin McNulty (USDC/DNJ), Michael Shipp (USDC/DNJ), and Stephanie Rose
(USDC/SDIowa). The SJC will webcast this event. See,
notice. Location: Room 226, Dirksen Building.
10:00 AM. The House
Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing, and Trade will hold
a hearing titled "Where the Jobs Are: Can American Manufacturing Thrive Again?".
The witness will be Secretary of Commerce John Bryson. See,
notice.
Location: Room 2123, Rayburn Building.
12:15 - 1:45 PM. The Federal
Communications Bar Association's (FCBA) Wireless Telecommunications Committee will host
an event titled "A Panel Discussion on the Verizon/Spectrum Co. and Verizon/Cox
Transactions". The price to attend is $17. Registrations and cancellations are due
by 12:00 NOON on April 17. Location: Wiley Rein,
1776 K St., NW.
4:00 - 5:00 PM. Proponents of state control
or regulation of alcohol sales will host a news briefing titled "The Dangers of an
Uncontrolled Marketplace". For more information, contact Elizabeth Armstrong at
202-371-9792 or elizabeth dot armstrong at wswa dot org. Location: Holeman Lounge, National
Press Club, 13th Floor, 529 14th St. NW.
4:30 - 6:30 PM. The American Enterprise
Institute (AEI) and Federalist Society (FS) will host a discussion of the
book [Amazon] titled "Taming Globalization: International Law, the U.S.
Constitution and the New World Order". The speakers will be the co-authors,
Julian
Ku (Hofstra University School of Law) and
John Yoo (UC Berkeley School of Law),
as well as Martin Flaherty (Fordham
University School of Law),
Jeremy Rabkin
(George Mason University School of Law), and
Jennifer Rubin (Commentary
Magazine). See,
notice. Location: AEI, 12th Floor, 1150 17th St., NW.
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Friday, April 20 |
Rep. Cantor's
schedule for the week states that
"no votes are expected in the House".
12:15 - 1:45 PM. The New
America Foundation (NAF) will host a panel discussion by proponents of increasing
regulatory burdens on broadcasters to disclose information. The speakers will be
Michael Calabrese (NAF),
Steven Waldman (Columbia Journalism
School), Corie Wright (Free Press), Harold
Feld (Public Knowledge), and Kathy
Kiely (Sunlight Foundation). Waldman previously worked at the Genachowski FCC, where he
wrote, among other things, the FCC
report titled "Information Needs of Communities". Location: NAF, Suite
400, 1899 L St., NW.
12:15 - 1:30 PM. The DC Bar
Association will host a program titled "Fundamentals of Cross-Border Mergers
and Acquisitions". The speakers will be
Daniel Fisher (Akin Gump),
John Vasily (Debevoise & Plimpton), and
Andrew Brady (Skadden
Arps). Prices vary. No CLE credits. See,
notice. For more information, call 202-626-3463. The DC Bar has a history of barring
reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.
1:00 - 5:00 PM. The Public
Knowledge (PK) will host an event related to Open Source Hardware".
There will be two panels, and a technology exposition. Location: Room 2168
(Gold Room), Rayburn Building.
Deadline to submit reply comments to the Federal Communications
Commission's (FCC) Consumer and Governmental Affairs
Bureau (CGAB) regarding whether certain docketed FCC proceedings should be terminated
as dormant. See, February 15, 2012,
Public Notice (DA 12-220 in CG Docket No. 12-39), and
notice in the
Federal Register, Vol. 77, No. 44, Tuesday, March 6, 2012, at Pages 13322-13323.
Deadline to submit comments to the
National Institute of Standards and Technology's (NIST)
Computer Security Division (CSD) regarding its draft
NIST IR 7511 Rev. 3.01.165 [47 pages in PDF] titled "Security Content Automation
Protocol (SCAP) Version 1.0 Validation Program Test Requirements".
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