5/24. Rep. Joe Barton (R-TX) and Rep. Cliff Stearns (R-FL) sent a letter to Dick Costolo, CEO of Twitter, regarding its collection, use, storage and deletion of personally identifiable information (PII) of Twitter users.

The two wrote that Twitter recently announced that it will provide "tailored suggestions for you to follow on Twitter". They added that "we would like to inquire about the data collection and practices regarding Twitter's experiments to provide tailored suggestions to its users".

The two Representatives then propounded numerous interrogatories to be answered by June 15, 2012.

They ask, or example, that Twitter describe all PII that it collects, how it is collected, how it is stored, and how long it is stored. They also ask Twitter to describe how it will provide users a list of other user accounts that Twitter recommends for following.

The letter praises the company, and includes no allegations of wrongdoing.

5/17. Rep. Barney Frank (D-MA) introduced HR 5794 [LOC | WW], the "Fair Debt Collection Practices Clarification Act of 2012", a bill that would require the Bureau of Consumer Financial Protection to write rules regulating the placement of messages on consumers' answering machines and voice messaging systems.

The bill would also amend the Fair Debt Collection Practices Act to prohibit the use of arbitration, unless the consumer has agreed in writing to arbitration after collection activities have been initiated.

The bill was referred to the House Financial Services Committee (HFSC). Rep. Frank is the ranking Democrat on the HFSC.

5/23. The Phoenix Center for Advanced Legal & Economic Public Policy Studies released a paper [6 pages in PDF] regarding usage based pricing (UBP) by broadband internet access service (BIAS) providers. It is titled "A Most Egregious Act? The Impact on Consumers of Usage-Based Pricing". The author is the Phoenix Center's George Ford.

The paper responds to the April 23, 2012, Public Knowledge (PK) paper titled "Know Your Limits: Considering the Role of Data Caps and Usage Based Billing in Internet Access Service". That paper praised flat rate price plans, and criticized both UBP plans and data caps on flat rate plans. See also, story titled "Public Knowledge Paper Urges FCC Oversight of BIAS Pricing Plans" in TLJ Daily E-Mail Alert No. 2,380, April 25, 2012.

This Phoenix Center paper states that "When a resource is socially valuable, like capacity on a broadband network, the price system should discourage its careless use."

It then states that some "claim that usage-based pricing options are anticompetitive and anti-consumer and thereby justify the price regulation of broadband services by the Federal Communications Commission"

It then argues that "regulatory oversight may not improve well-being even in a case that the proponents of regulation would describe as an egregious example of anticompetitive conduct by broadband providers." Given this, and valid  economic and business reasons for UBP, this paper concludes that "regulatory oversight of usage-based pricing is unlikely to improve social well-being".

5/17. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved the nominations of David Medine, James Dempsey, Elisebeth Cook, Rachel Brand, and Patricia Wald to be members of the Privacy and Civil Liberties Oversight Board (PCLOB).

Sen. Patrick Leahy (D-VT), the Chairman of the SJC, stated that "I am very concerned that some of the cybersecurity proposals that the Congress is currently considering could significantly harm Americans’ privacy rights and civil liberties." See, transcript.

He added that "Protecting national security and protecting Americans’ fundamental rights are not mutually exclusive goals. We can -- and must -- do both. A reconstituted Privacy and Civil Liberties Oversight Board will help ensure that we do."

See also, story titled "Senate Judiciary Committee Holds Hearing on PCLOB Nominees" in TLJ Daily E-Mail Alert No. 2,375, April 19, 2012.

5/21. The Senate confirmed Paul Watford to be a Judge of the U.S. Court of Appeals (9thCir) by a vote of 61-34. See, Roll Call No. 104. All of the no votes were cast by Republicans.

Watford is atypical of judicial nominees to the extent that he has significant experience in several technology related areas of law. As a partner in the Los Angeles office of the law firm of Munger Tolles & Olson he represented clients in appellate proceedings. For example, he represented Rambus in patent and antitrust litigation, defended Verizon in phone bill cramming litigation, and represented Jeppesen DataPlan in a landmark state secrets privilege case.

For a more detailed review of his technology related work, see story titled "Senate Judiciary Committee Approves Watford for 9th Circuit" in TLJ Daily E-Mail Alert No. 2,334, February 10, 2012.

Sen. Patrick Leahy (D-VT) stated in the Senate on May 21 that Watford is "a highly regarded appellate litigator in private practice", who "has worked at a highly respected Los Angeles law firm on a wide variety of matters". The floor debate on this nomination is transcribed at Congressional Record, May 21, 2012, Pages S3307 - S3316.

Sen. Dianne Feinstein (D-CA) noted his representation of Rambus, and also stated that "The general counsels of leading American corporations, including Google, Mattel, Verizon, and CIRCOR, have also written in support of Mr. Watford".

Sen. Leahy placed in the record a copy of a letter of support, signed by, among others, Randal Milch, EVP and General Counsel of Verizon Communications, and Kent Walker, SVP and General Counsel of Google.

Sen. Charles Grassley (R-IA) spoke in opposition, citing Watford's views on "immigration and the death penalty". No Senator criticized Watford's work in tech related cases.

5/24. The Senate confirmed Frank Kendal to be Under Secretary of Defense for Acquisition, Technology, and Logistics. See, Congressional Record, May 24, 2012, at Page S3660.

5/24. The Department of Justice (DOJ) released a heavily redacted copy [686 pages in PDF] of a report written by the DOJ that pertains to prosecutorial misconduct by the DOJ in its prosecution of former Sen. Ted Stevens (R-AK). Sen. Charles Grassley (R-IA), the ranking Republican on the Senate Judiciary Committee (SJC), stated in a release that "If the Justice Department isn't getting a big case such as this right, it begs the question of what is happening in courts across the country every day." Sen. Patrick Leahy (D-VT), Chairman of the SJC, stated in a release that the SJC will hold a hearing on this matter on June 6.

5/17. The Senate confirmed Jeremy Stein to be a member of the Board of Governors of the Federal Reserve System for the unexpired portion of a fourteen year term that began on February 1, 2004. The vote was 70-24. See, Roll Call No. 102. All of the no votes were cast by Republicans.

5/17. The Senate confirmed Jerome Powell to be a member of the Board of Governors of the Federal Reserve System for the unexpired portion of a fourteen year term that began on February 1, 2000. The vote was 74-21. Sen. Bernie Sanders (D-VT) and 20 Republican voted no. See, Roll Call No. 103.

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The House will not meet on the week of Monday, May 21, through Friday, May 25. It will return on Wednesday, May 30.

9:30 AM - 12:00 NOON. The New America Foundation (NAF) and Public Knowledge (PK) will host an event titled "From Broadcast To Broadband New Theories of the Public Interest in Wireless". Larry Irving will give a keynote speech. At 9:45 AM there will be a panel titled "The End of Scarcity? What, If Any Public Interest Obligations Are Necessary in Broadband?" The speakers will be Joaquin Alvarado (American Public Media), Mark Lloyd (FCC Associate General Counsel), Andy Schwartzman, Kevin Werbach (University of Pennsylvania business school), and Ellen Goodman (Rutgers University School of Law). At 11:00 AM there will be a panel titled "What is the Public Interest in Wireless?". The speakers will be Wally Bowen (Mountain Area Information Network), Michael Calabrese (NAF), Amalia Deloney (Center for Media Justice), Amina Fazlullah (Benton Foundation Margaret McCarthy (staff of Rep. Henry Waxman (D-CA)), and Harold Feld (PK). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will hold an event titled titled "Domestic Deployment and Operation of Emergency Communications in Times of Disaster: Procedures, Pitfalls, Best Practices". The speakers will be Richard Lee (Associate Bureau Chief of the FCC's Public Safety and Homeland Security Bureau), Brian Luu (Electrical Engineer and Roll Call Program Manager in the FCC's PSHSB), Clifford Gonsalves (Radio Frequency Engineer and TEMS Program Manager in the FCC's PSHSB), and Gordon Fullerton (consultant). Register with Zenji Nakazawa at Zenji dot Nakazawa at fcc dot gov or 202-369-4406. The FCBA states that this is a brown bag lunch of its Homeland Security and Emergency Communications Committee. Location: FCC, Room TW-C468, 445 12th St., SW.

2:00 - 4:00 PM. The Senate Banking Committee's (SBC) Subcommittee on Security and International Trade and Finance will hold a hearing titled "Reviewing the U.S. – China Strategic and Economic Dialogue". The witnesses will be Stephen Roach (Yale University), Fred Bergsten (Peterson Institute for International Economics), John Dearie (Financial Services Forum), and Dean Garfield (Information Technology Industry Council). See, notice. Location: Room 538, Dirksen Building.

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

The House will not meet.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee's (SHSGAC) Subcommittee on Federal Financial Management, Government Information, Federal Services & International Security will hold a hearing titled "Innovating with Less: Examining Efforts to Reform Information Technology Spending". See, notice. Location: Room 342, Dirksen Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications and Young Lawyers Committees will host a brown bag lunch titled "A Look at Cross-Border Issues between the U.S. and Mexico". The speakers will be Lindsey Tonsager (Covington & Burling), Hal Grigsby (Department of State), Larry Olson (FCC's International Bureau), Tim McGuire (FCC's Wireless Telecommunications Bureau), and Brian Marenco (FCC's Public Safety and Homeland Security Bureau). Location: Hogan Lovells, 555 13th St., NW.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing titled "Intelligence Matters". See, notice. Location: Room 219, Hart Building.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Spring Reception". Location: Microsoft, 901 K St., NW.

The House will not meet.

The Senate will meet at 2:30 PM in pro form session.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its proposed revisions [4 pages in PDF] to its June 2009 FIPS 186-3 [130 pages in PDF] titled "Digital Signature Standard". See, notice in the Federal Register, Vol. 77, No. 69, Tuesday, April 10, 2012, at Pages 21538-21539.

20th anniversary of the Supreme Court's opinion in Quill v. North Dakota, 504 U.S. 298 (1992).

Memorial Day. This is a federal holiday. See, OPM list of 2012 federal holidays.

The Senate will not meet on the week of Monday, May 28, through Friday, June 4.

10th anniversary of the Supreme Court's opinion in Festo v. Shoketsu Kinzoku Kogyo Kabushki, 535 U.S. 722 (2002). See, story titled "Supreme Court Reverses in Festo Case" in TLJ Daily E-Mail Alert No. 439, May 29, 2002.

The House will not meet.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a presentation titled "Exclusionary Minimum Resale Price Maintenance". The speaker will be John Asker (New York University) co-author of a paper with the same title. For more information, contact Thomas Jeitschko at 202-532-4826 or atr dot eag at usdoj dot gov. Location: Liberty Square Building, 450 5th St., NW.

The House will return from it Memorial Day recess.

8:30 AM - 5:30 PM. Day one of a three day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). Free. Open to the public. See, notice in the Federal Register, Vol. 77, No. 84, Tuesday, May 1, 2012, at Pages 25686-25687. Location: DOC/NIST, Heritage Room, Administration Building, 100 Bureau Drive, Gaithersburg, MD.

11:45 AM - 2:00 PM. The Free State Foundation (FSF) will host a panel discussion titled "The Multi-Stakeholder Privatized Internet Governance Model: Can It Survive Threats From The UN?". The speakers will include Robert McDowell (FCC Commissioner) and Richard Beaird (Department of State). Lunch will be served. Location: __.

8:30 AM - 5:30 PM. Day two of a three day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). Free. Open to the public. See, notice in the Federal Register, Vol. 77, No. 84, Tuesday, May 1, 2012, at Pages 25686-25687. Location: DOC/NIST, Heritage Room, Administration Building, 100 Bureau Drive, Gaithersburg, MD.

9:00 AM. The Copyright Office (CO) will hold a hearing regarding its triennial review of exemptions to the anticircumvention provisions of 17 U.S.C. § 1201. The deadline to submit requests to testify is 5:00 PM EDT on April 2, 2012. See, story titled "Copyright Office Schedules Hearings on Proposed Anticircumvention Exemptions" in TLJ Daily E-Mail Alert No. 2,351, March 20, 2012. Location: CO, Copyright Hearing Room, LM-408, James Madison Building, Library of Congress, 101 Independence Ave., SE.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism and Homeland Security will hold a hearing on HR 6304 [LOC | WW], the "FISA Amendments Act of 2008", enacted into law by the 110th Congress. It is Public Law No. 110-261. It is also titled the "Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008". See, notice. See also, story titled "House and Senate Leaders Release Draft FISA Reform Bill" in TLJ Daily E-Mail Alert No. 1,782, June 18, 2008, and stories titled "House Approves FISA Reform Bill" and "Attorney General and DNI Praise FISA Reform Bill" in TLJ Daily E-Mail Alert No. 1,783, June 19, 2008. Location: Room 2141, Rayburn Building.

10:00 AM. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "Examining the Proposed National Network for Manufacturing Innovation". The witnesses will include Patrick Gallagher, head of the National Institute of Standards and Technology (NIST). See, notice. Location: Room 2318, Rayburn Building.

10:15 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "International Proposals to Regulate the Internet". See, notice. Location:  Room 2322, Rayburn Building.

2:00 PM. Deadline to submit proposals to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) in response to its reissued Request for Proposal (RFP) SA1301-12-RP-0043 for a new Internet Assigned Numbers Authority (IANA) functions contract. This is for the contract term of October 1, 2012 through September 30, 2015. See, summary, and RFP and Form 33.