Sen. Burr Introduces Intelligence
Authorization Bill |
6/6. Sen. Richard Burr (R-NC), Chairman of the
Senate Intelligence Committee (SIC), introduced
S 3017 [LOC |
WW], the "Intelligence
Authorization Act Fiscal Year 2017". It was referred to the SIC. The SIC approved a draft
of this bill on May 24, 2016.
Administrative Subpoenas. This bill would amend
18 U.S.C. § 2709, which currently
allows the Federal Bureau of Investigation (FBI) to use administrative subpoenas, also known as
National Security Letters (NSLs), to obtain phone call records.
The bill would expand this to allow the FBI to obtain internet records, including "electronic
communication transactional records". The language of the bill is purposefully vague, but would
be used to obtain such things as e-mail addresses to which and from which messages have been sent,
and web browsing history.
These administrative subpoenas require no court approval, and are subject to no court oversight.
The persons whose records are seized are not entitled to any notice. Indeed, service providers are
subjected to gag orders.
See, related story in this issue titled "Senate Intelligence Authorization Bill Would
Allow FBI to Obtain Internet Records with Administrative Subpoenas".
Denuding the PCLOB. This bill would also strip the
Privacy and Civil Liberties Oversight Board (PCLOB) of some
of its authority and independence.
In particular, its current authority to examine the impact of anti-terror laws and programs on
"privacy and civil liberties" would be reduced to "privacy and civil liberties of
United States persons".
See, related story in this issue titled "Senate Intelligence Authorization Bill Would
Reduce PCLOB Oversight".
Recruitment and Enhanced Pay for STEM Workers. Section 304 of the bill provides
that "the Director of National Intelligence shall submit a five-year investment strategy for
outreach and recruiting efforts in the fields of science, technology, engineering, and mathematics
(STEM), to include cybersecurity and computer literacy."
It also provides that "each element of the intelligence community may establish
higher minimum rates of pay" of up to "30 percent" for positions "that require
expertise in science, technology, engineering, or math (STEM)".
This could result in pay raises for deserving math, software, and computer professionals at the
National Security Agency (NSA) and other intelligence agencies
tasked with highly technical missions. It could also make it easier for these agencies to hire and
retain highly qualified persons.
On the other hand, executive branch entities do not always distribute funds in the manner
intended by Members of Congress. This provision could also result in some less meritorious pay
raises for some employees with minimal STEM responsibilities in certain executive branch
departments.
Intransparency. Sen. Burr and the SIC are acting with much intransparency. First,
they are attempting to make significant and substantive changes to law, not through stand alone
legislation, and regular procedure, but through a bill authorizing appropriations.
Second, the SIC approved this bill before it had been introduced and made a part of the public
online record of Congress.gov. Passage first -- introduction afterwards.
Third, the SIC held no hearing on this bill before approving it. Fourth, the
SIC acted with secrecy in approving the draft.
Finally, the Senate Judiciary Committee (SJC)
has both jurisdiction, and member and staff expertise, in matters involving civil liberties, crimes,
criminal and civil procedure, and court proceedings. The provision in this bill regarding FBI
administrative subpoenas relieves the government from having to obtain a court order to obtain
records from internet service providers, which significantly impacts civil liberties. Hence, Sen.
Burr and the SIC are employing a procedure that circumvents the jurisdiction and expertise of the
SJC. This continues the pattern of both the Bush and Obama administrations. The DOJ and intelligence
agencies have sought from the House and Senate Intelligence Committees what they cannot obtain from
the House and Senate Judiciary Committees.
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Senate Intelligence Authorization Bill Would
Allow FBI to Obtain Internet Records with Administrative Subpoenas |
6/6. Section 803 of S 3017
[LOC |
WW], the "Intelligence
Authorization Act Fiscal Year 2017", would amend
18 U.S.C. § 2709 to enable the
Federal Bureau of Investigation (FBI) to obtain internet
records from service providers by subpoena, including a person's browsing history.
Section 2709 currently allows the FBI to obtain phone records by these
subpoenas, which are also known as National Security Letters (NSLs).
The Senate Intelligence Committee (SIC), acting
to preempt public debate and input, approved this bill on May 24, before its introduction on June
6, 2016. See, related story in this issue titled "Sen. Burr Introduces Intelligence Authorization
Bill".
The bill would expand the data subject to these administrative subpoenas to include "electronic
communication transactional records". The language of the bill is purposefully vague, but would
be used to obtain such things as e-mail addresses to which and from which messages have been sent,
and web browsing history.
These administrative subpoenas require no court approval, and are subject to no court oversight.
The persons who records are seized are not entitled to any notice. Indeed, service providers are
subjected to gag orders.
Sen. Ron Wyden (D-OR), who is a member of the SIC,
voted against this bill.
He stated in a
release that "This bill takes a hatchet to important protections for Americans' liberty
... This bill would mean more government surveillance of Americans, less due process and less
independent oversight of U.S. intelligence agencies. Worse, neither the intelligence agencies,
nor the bill's sponsors have shown any evidence that these changes would do anything to make
Americans more secure. I plan to work with colleagues in both chambers to reverse these dangerous
provisions."
Sen. Wyden's release elaborates that "Currently, the FBI can obtain email records in
national security investigations with an order from the FISA Court. The bill would allow any FBI
field office to demand email records without a court order, a major expansion of federal surveillance
powers. The FBI can currently obtain phone records with a National Security Letter, but not email
records."
Section 803 of the bill would amend 18
U.S.C. § 2709 by replacing the current subsection (b), in relevant part, with the following:
The FBI "... may, using a term that specifically identifies a person, entity, telephone number,
or account as the basis for a request, request the name, address, length of service, local and long
distance toll billing records, and electronic communication transactional records of a person or
entity, but not the contents of an electronic communication, if ... " the FBI "certifies
in writing to the wire or electronic communication service provider to which the request is made
that" the data sought "are relevant to an authorized investigation to protect against
international terrorism or clandestine intelligence activities, ....".
Also, Sen. John Cornyn (R-TX) has offered an
amendment to another bill that
uses different language, but obtains the same purpose. See, related stories titled "E-Mail
Privacy Bill Withdrawn from Senate Judiciary Committee Agenda", "Texts of Proposals
to Expand the FBI's Administrative Subpoena Powers", and "Summary and Analysis of Sen.
Cornyn's Amendment to S 356" in TLJ Daily E-Mail Alert No. 2,819, June 9, 2016.
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Senate Intelligence Authorization Bill Would
Reduce PCLOB Oversight |
[LOC |
WW], the "Intelligence
Authorization Act Fiscal Year 2017", would limit the authority of the
Privacy and Civil Liberties Oversight Board (PCLOB). Its
current mission is examining the impact of anti-terror laws and programs on "privacy and
civil liberties". This bill would reduce this to examining "privacy and civil liberties
of United States persons".
The Senate Intelligence Committee (SIC)
approved this bill on May 24, before its introduction on June 6. See, related story in this issue
titled "Sen. Burr Introduces Intelligence Authorization Bill".
Introduction. 42
U.S.C. § 2000ee currently provides that the PCLOB shall "analyze and review actions the
executive branch takes to protect the Nation from terrorism, ensuring that the need for such
actions is balanced with the need to protect privacy and civil liberties".
It "shall continually review ... the regulations, policies, and procedures, and
the implementation of the regulations, policies, and procedures, of the departments, agencies,
and elements of the executive branch relating to efforts to protect the Nation from terrorism
to ensure that privacy and civil liberties are protected".
This bill adds the words "of United States persons" after "privacy and civil
liberties".
A clear and transparent bill would elaborate on the meaning of this change. It would identify
which laws and government activities and operations are placed beyond the review of the PCLOB.
However, this bill does not elaborate. Nor does it provide any guidance or explanation. It does
not even provide a definition of U.S. person.
This creates both secrecy and uncertainty. It also enables government agencies to
arbitrarily assert that certain laws and activities and operations lay beyond PCLOB scrutiny,
and hence deny the PCLOB access to information.
The PCLOB mainly examines federal government surveillance programs. However, surveillance by nature
is often not easily categorized by nationality of targets. The government may conduct surveillance of
a person whose identity (and hence citizenship) the government does not know, or about which it is
mistaken. The government may conduct surveillance of a person who moves from country to country
(including the U.S.). The government may conduct surveillance of a foreigner in a distant country
who sends messages to, or receives messages from, U.S. citizens. Thus, surveillance that the
government asserts is directed at non-U.S. persons, and hence lays beyond the purview of PCLOB
examination, may in fact impact privacy and civil liberties of U.S. persons.
Also, the government engages in activities and operations that are not directed at any person.
Consider for example, government actions regarding encryption technologies incorporated in ICT
devices, location detection mandates imposed upon telecom companies and device makers, and
imposition of CALEA and CALEA like mandates. These government actions go to the regulation of
technology and network facilities, not persons, but still have profound impacts on privacy and
civil liberties. Hence, the question arises, since none of these reference U.S. persons, would
government agencies be able to tell the PCLOB that it lacks authority to examine them.
PCLOB Independence. This bill would also diminish PCLOB independence.
Section 601 of the bill would require the PCLOB to keep the
Director of National Intelligence (DNI) and others "fully and currently informed of
the activities of the Board, including any significant anticipated activities".
This limits the independence of the PCLOB, and the effectiveness of its oversight function.
Fundamental to the concept of independent oversight is the notion that the
overseer does not report to the agencies that it oversees.
Also, this language might enable agencies to refuse access to information.
For example, does an agency's determination that the PCLOB failed to give prior
notice of a review excuse it of its obligation to cooperate with that review?
FISA Section 702. This change could impact PCLOB review of one
of the most controversial provisions of surveillance law -- Section 702 of the
Foreign Intelligence Surveillance Act (FISA).
Section 702 of the FISA, which is codified at
50 U.S.C. § 1881a, contains the
"outside" the U.S. surveillance authority.
This section was enacted by the 110th Congress by HR 6304 [LOC
| WW],
the "Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008". It
is Public Law No. 110-261.
This Act allows federal surveillance, without individualized court approval, under the FISA,
of people believed to be outside of the US. More specifically, it pertains to "the targeting
of persons reasonably believed to be located outside the United States to acquire foreign
intelligence information". And, it allows access to the content of communications.
This provision has always been controversial. And, for this reason, the Congress has kept it
under sunset. Its current sunset is December 31, 2017. The 112th Congress extended its sunset in
HR 5949 [LOC |
WW], the "FISA
Amendments Act Reauthorization Act of 2012".
The intelligence agencies, Congress and public would benefit from continuing review of Section
702 programs by the PCLOB. But, the question arises, by adding the words "United States
persons", can the government assert that Section 702 surveillance is beyond the PCLOB's
authority.
Section 702 also contains a CALEA like clause. Subsection 1881a(h)(1) provides that "With
respect to an acquisition authorized under" Section 1881a(a), the DOJ and DNI "may
direct, in writing, an electronic communication service provider to -- (A) immediately provide
the Government with all information, facilities, or assistance necessary to accomplish the
acquisition ...". Subsection 1881a(h)(2) provides that the government shall compensate
service providers for this.
Section 702 does not reference the
CALEA. However, in both
FISA Section 702, and CALEA Section 103, service providers are compelled to provide
"assistance" and "facilities" to facilitate government acquisition of the
contents of communications.
The CALEA is codified at
47 (sic) U.S.C. §§
1001-1010. It is Public Law No. 103-414. It was enacted by the House and Senate in 1994 as
HR 4922, the
"Communications Assistance for Law Enforcement Act", which begins with the words,
"To amend title 18, United States Code ...".
Hence, if this bill were enacted into law, the DNI, NSA and/or DOJ might refuse to cooperate
with the PCLOB in a review of implementation of 1881a(h), on the grounds both that CALEA like
assistance pertains to technology and facilities, not to persons, and that the underlying surveillance
is directed at non U.S. persons.
But, there remain arguments that any body charged with overseeing the surveillance activities
of the government ought to examine Section 702 activities. Surveillance that is targeted at
foreigners may nevertheless sweep in U.S. citizens. Moreover, requiring service providers to
design and build their facilities to enable intercepts and other surveillance to enable them
to promptly comply with Section 702 orders also means that both intelligence and law enforcement
agencies -- federal and state -- will have enhanced surveillance assistance to facilitate
compliance with other types of intelligence and law enforcement orders -- including orders that
are directed at U.S. citizens.
What is a U.S. Person? This bill presents another uncertainty. It does not define
the term "United States person". There are several inconsistent definitions in other
federal statutes.
For example, 50 U.S.C. § 1801,
which is the definitional section for the FISA, provides that "United States person"
means "a citizen of the United States, an alien lawfully admitted for permanent residence (as
defined in section 1101(a)(20) of title 8), an unincorporated association a substantial number of
members of which are citizens of the United States or aliens lawfully admitted for permanent
residence, or a corporation which is incorporated in the United States, but does not include a
corporation or an association which is a foreign power, as defined in subsection (a)(1), (2),
or (3) of this section." (Parentheses in original.)
Subsections 1801(a) provides, in part, that foreign power means "(1) a foreign government
or any component thereof, whether or not recognized by the United States; (2) a faction of a
foreign nation or nations, not substantially composed of United States persons; (3) an entity
that is openly acknowledged by a foreign government or governments to be directed and controlled
by such foreign government or governments; ...". Section 1801 fails to provide a definition
of "faction of a foreign nation".
The PCLOB does examine surveillance programs authorized by the FISA. But, it also examines
non-FISA activities, codified in Title 18, and elsewhere. Moreover, the PCLOB statute is codified
in Title 42.
Consider for example, that the Department of the Treasury and its Internal Revenue Service (IRS)
are involved in protecting the nation from terrorism, and these activities impact privacy and civil
liberties. The tax code provides at 26
U.S.C. § 7701 that U.S. persons "means (A) a citizen or resident of the United States,
(B) a domestic partnership, (C) a domestic corporation, (D) any estate (other than a foreign estate,
within the meaning of paragraph (31)), and (E) any trust if (i) a court within the United States
is able to exercise primary supervision over the administration of the trust, and (ii) one or
more United States persons have the authority to control all substantial decisions of the
trust."
Also, 22 U.S.C. § 6010, which
pertains to foreign relations, provides that U.S. person means "any United States citizen or
alien admitted for permanent residence in the United States, and any corporation, partnership, or
other organization organized under the laws of the United States."
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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
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Privacy
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& Disclaimers
Copyright 1998-2016 David Carney. All rights reserved.
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In This
Issue |
This issue contains the following items:
• Sen. Burr Introduces Intelligence Authorization Bill
• Senate Intelligence Authorization Bill Would Allow FBI to Obtain Internet Records
with Administrative Subpoenas
• Senate Intelligence Authorization Bill Would Reduce PCLOB Oversight
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Washington Tech
Calendar
New items are highlighted in
red. |
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Monday, June 13 |
The House will meet at 12:00 NOON for morning
hour, and at 2:00 PM for legislative business. The House will consider numerous item under
suspension of the rules, including HR 5312
[LOC |
WW], the "Networking
and Information Technology Research and Development Modernization Act of 2016". See, story
titled "House Science Committee Passes NITRD Bill" in TLJ Daily E-Mail Alert No. 2,817,
June 7, 2016. Votes will be postponed until 6:30 PM. See, House Majority Leader's
schedule.
The Senate will meet at 4:00 PM.
12:15 - 1:30 PM. The Federal
Communications Bar Association (FCBA) will host an event titled "Volunteer Brown Bag
Lunch With the FCBA Foundation & Free Minds". No CLE credits. No webcast. Free. Bring
your own lunch. The FCBA states in its
notice
that "Free Minds Book Club uses books, creative writing, and peer support to awaken D.C. youth
incarcerated as adults to their own potential. Through creative expression, job readiness training,
and violence prevention outreach, these young poets achieve their education and career goals, and
become powerful voices for change in the community." Location: Google, 9th floor, 25
Massachusetts Ave., NW.
Deadline to submit to the Federal Communications Commission
(FCC) replies to oppositions to petitions for reconsideration of the FCC's
Report & Order
regarding the collection of broadcast ownership data. The FCC adopted this item on January
8, 2016, and released it on January 20, 2016. It is FCC 16-1 in MB Docket No. 07-294, MB Docket
No. 10-103, and MD Docket No. 10-234. See,
notice in the
Federal Register Vol. 81, No. 96, May 18, 2016, at Page 31223.
Deadline to submit comments to the Federal
Trade Commission (FTC) regarding its Telemarketing Sales Rule Information Collection
Activities. See,
notice in the
Federal Register, Vol. 81, No. 72, April 14, 2016, at Pages 22082-22088.
Deadline to submit reply comments to the Federal Communications Commission
(FCC) in response to its
Further Notice of Proposed Rulemaking (FNPRM) regarding the FCC's Connect America Fund
(CAF), a universal service tax and subsidy program for broadband in high cost areas. The FCC proposes
changes to its accounting and affiliate transaction rules, among other things. The FCC adopted this
item on March 23, 2016, and released it on March 30, 2016. It is FCC 16-33 in WC Docket Nos. 10-90
and 14-58, and CC Docket No. 01-92. See,
notice in the
Federal Register Vol. 81, No. 70, April 12, 2016, at Pages 21511-21532.
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Tuesday, June 14 |
The House will meet at 10:00 AM for morning hour, and at
12:00 NOON for legislative business. See, House Majority Leader's
schedule.
Washington DC will hold its presidential primary elections.
8:00 AM - 2:00 PM. The Information
Technology and Innovation Foundation (ITIF) will host an event titled "ITIF 10-Year
Anniversary Conference: Restoring Investment in America’s Economy". The scheduled speakers
include Rep. Anna Eshoo (D-CA), Rep. Darrell Issa (R-CA),
Sen. Chris Coons (D-DE), Sen. Cory Gardner (R-CO), and
Robert
Atkinson (ITIF). Free. Open to the public. Webcast. Lunch will be served. See,
notice. Location: Knight Conference Center, Newseum, 555 Pennsylvania Ave., NW.
8:30 AM - 5:30 PM. Day one of a two day meeting of the Department
of Transportation's (DOT) National Geospatial Advisory
Committee (NGAC). See,
notice in the Federal Register, Vol. 81, No. 101, May 25, 2016, at Page 33266. Location: DOT, 1200
New Jersey Ave., SE.
8:45 AM - 1:30 PM. The Center
for Strategic and International Studies (CSIS) will host an event titled "Asia-Pacific
Economic Integration and the Role of the United States and Japan". See,
notice. Location: CSIS, 1616 Rhode Island Ave., NW.
9:00 AM. The
Senate Banking Committee (SBC) will hold an
oversight hearing on the Securities and Exchange Commission
(SEC). The witness will be Mary Jo White (SEC Chairman). See,
notice. Location: Room 538, Dirksen Building.
9:00 AM. The Department of Commerce's (DOC)
Bureau of Industry and Security's (BIS) Regulations and
Procedures Technical Advisory Committee (ETRAC) will meet. See,
notice in the
Federal Register, Vol. 81, No. 101, May 25, 2016, at Page 33208. Location: Room 3884, DOC Hoover
Building, 14th Street between Pennsylvania and Constitution Avenues, NW.
9:00 - 11:30. The American Enterprise
Institute (AEI) will host an event titled "An American Strategy for Cyberspace:
Advancing Freedom, Security, and Prosperity". The speakers will be
Sen. Cory Gardner (R-CO),
Sen. Mark Warner (D-VA), Rich Andres (National War
College), Claude Barfield (AEI), Richard Bejtlich (FireEye), Mike Daniels (AEI), Jeffrey
Eisenach (AEI), Jim Glassman (AEI), Shane Tews (AEI), and Christopher Walker
(National Endowment for Democracy). Breakfast will be served. See, notice.
Location: Room SVC 203-02, Capitol.
10:15 AM. The House Commerce
Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled
"FCC Overreach: Examining the Proposed Privacy Rules". Webcast. See,
notice. Location: Room 2123, Rayburn Building.
2:30 PM. The
Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters.
No webcast. See,
notice. Location: Room 219, Hart Building.
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Wednesday, June 15 |
The House will meet at 10:00 AM for morning hour, and at
12:00 NOON for legislative business. See, House Majority Leader's
schedule.
8:30 AM - 5:30 PM. Day two of a two day meeting of the Department
of Transportation's (DOT) National Geospatial Advisory
Committee (NGAC). See,
notice in the Federal Register, Vol. 81, No. 101, May 25, 2016, at Page 33266. Location: DOT, 1200
New Jersey Ave., SE.
8:30 AM - 5:00 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). See,
notice in the Federal
Register, Vol. 81, No. 97, May 19, 2016, at Page 31594. Location: United States Access Board,
Conference Room, Suite 800, 1331 F St., NW.
9:00 AM - 5:00 PM. Day one of a three day meeting of the
Federal Aviation Administration's (FAA)
Radio Technical Commission for Aeronautics' (RTCA) Special
Committee 216, Aeronautical Systems Security. The agenda includes "ARAC ASISP". ASISP
is an acronym for Aircraft Systems Information Security Protection. That is, the agenda includes
cyber threats to aircraft systems and networks. See,
notice in the
Federal Register, Vol. 81, No. 97, May 19, 2016, at Page 31675. Location: RTCA, Suite 910, 1150
18th St., NW.
9:30 - 11:00 AM. The Heritage
Foundation (HF) will host an event titled "Taiwan in International
Organizations". Free. Open to the public. Webcast. See,
notice. Location: HF, 214
Massachusetts Ave., NE.
10:00 AM. The
House Financial Services Committee (HFSC) will meet to mark up numerous bills, including
several that would provide regulatory relief to small and start up tech businesses in raising
capital, such as HR 4854
[LOC |
WW], the "Supporting
America's Innovators Act of 2016", HR 4855
[LOC |
WW], the "Fix
Crowdfunding Act", HR 4850
[LOC |
WW], the "Micro
Offering Safe Harbor Act", and HR 5429
[LOC |
WW], the "SEC
Regulatory Accountability Act". See,
notice.
Location: Room 2128, Rayburn Building.
10:00 AM. The
House Homeland Security Committee (HHSC) will hold a hearing titled "The
Cybersecurity Act of 2015: Industry Perspectives". Webcast. See,
notice. Location: Room 311, Cannon Building.
10:00 AM. The Senate
Commerce Committee (SCC) will meet to consider several items, including S 2283
[LOC |
WW], the
"Small Business Broadband Deployment Act of 2015". Webcast. See,
notice. Location: Room 253, Russell Building.
10:00 AM. The
Senate Appropriations Committee's (SAC)
Subcommittee on Financial Services and General Government will meet to mark up the Financial
Services and General Government Appropriations Act for Fiscal Year 2017. Audio webcast. See,
notice. Location: Room 138, Dirksen Building.
10:00 - 11:30 AM. The New
America Foundation (NAF) will host a panel discussion titled "Understanding the
Future of Cyber Threat Intelligence". The speakers will be Paulo Shakarian (Arizona
State University), Nicole Becher (New York University), Mark Dufresne (Endgame), Terry Roberts
(WhiteHawk, Inc.), and Robert Morgus (NAF). See,
notice.
Location: NAF, Suite 900, 740 15th St., NW.
12:00 NOON - 2:00 PM. The New America
Foundation (NAF) will host a closed panel discussion titled "Cybersecurity Initiative
Business-Policy Roundtable #11". Closed to the public. Attendance is by invitation only. See,
notice. Location: NAF, Suite 900, 740 15th St., NW.
1:00 - 5:00 PM. The Department of Commerce's (DOC)
National Telecommunications and Information Administration
(NTIA) will hold an event titled "Meeting of the Privacy Multistakeholder Process on Facial
Recognition Technology". See, NTIA
notice and notice
in the Federal Register, Vol. 81, No. 98, May 20, 2016, at Page 31915. Location: American Institute
of Architects, 1735 New York Ave., NW.
1:00 - 2:30 PM. The American Bar Association
(ABA) will host a webcast panel discussion titled "Web Pages as Evidence: Significant
Cases and How to Preserve and Authenticate Web Pages". Prices vary. CLE credits. See,
notice.
1:00 - 2:30 PM. The American Bar Association
(ABA) will host a webcast panel discussion titled "What You Need to Know About the New
Defend Trade Secrets Act". Prices vary. CLE credits. See,
notice.
2:00 PM. The
Senate Finance Committee (SFC)
will hold a hearing titled "Challenges and Opportunities for U.S. Business
in the Digital Age". The witnesses will be __. See,
notice. Location: Room 215, Dirksen Building.
3:00 - 4:30 PM. The New
America Foundation (NAF) will host a panel discussion titled "Software’s Economic
Impact and the Drive for Talent". The speakers will be Victoria Espinel (head of the
BSA Software Alliance), Cameron Wilson (Code.org), Melissa Moritz (Department of Education),
and Lisa Guernsey (NAF). See, notice. Location: NAF, Suite 900, 740 15th St., NW.
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Thursday, June 16 |
The House will meet at 9:00 AM for legislative business. See, House Majority
Leader's schedule.
Supreme Court conference day. See,
October Term 2015
calendar.
8:30 - 9:25 AM. The American
Enterprise Institute (AEI) will host an event titled "Treasury Secretary Jacob
Lew on the US-China Economic Relationship". The speakers will be Lew (Secretary of the
Treasury), Arthur Brooks (AEI), and Greg Ip (Wall Street Journal). See,
notice.
Location: AEI, 12th floor, 1150 17th St., NW..
8:30 AM - 5:00 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). See,
notice in the Federal
Register, Vol. 81, No. 97, May 19, 2016, at Page 31594. Location: United States Access Board,
Conference Room, Suite 800, 1331 F St., NW.
9:00 PM. The
Senate Intelligence Committee (SIC) will hold a hearing at which John Brennan (CIA
Director) will testify. Open to the public. See,
notice. Location: Room 216, Hart Building.
9:00 AM - 5:00 PM. Day two of a three day meeting of
the Federal Aviation Administration's (FAA)
Radio Technical Commission for Aeronautics' (RTCA) Special
Committee 216, Aeronautical Systems Security. The agenda includes "ARAC ASISP". ASISP
is an acronym for Aircraft Systems Information Security Protection. That is, the agenda includes
cyber threats to aircraft systems and networks. See,
notice in the
Federal Register, Vol. 81, No. 97, May 19, 2016, at Page 31675. Location: RTCA, Suite 910, 1150
18th St., NW.
9:00 AM - 3:30 PM. The Federal Communications Commission's (FCC)
Disability Advisory Committee will meet. See,
notice in the
Federal Register, Vol. 81, No. 104, May 31, 2016, at Pages 34336-34337. Location: FCC, Commission
Meeting Room, 445 12th St., SW.
9:30 AM. The
House Science and Technology Committee's (HSTC) Subcommittee on Research and Technology
will hold a hearing titled "SBIR/STTR Reauthorization: A Review of Technology
Transfer". Webcast. See,
notice. Location: Room 2318, Rayburn Building.
9:30 - 10:45 AM. The New America
Foundation (NAF) will host a panel discussion titled "Fighting ISIS in the Information
Space: Government and Civil Society Perspectives". The speakers will be Meagan Lagraffe
(Global Engagement Center), Tara Maller (NAF), and Peter Bergen (NAF). See,
notice. Location: NAF, Suite 900, 740 15th St., NW.
9:45 AM. The
House Foreign Affairs Committee (HFAC) will meet
to mark up several bills, including HR __, the "Digital Global Access Policy Act
of 2016". See,
notice.
Location: Room 2172, Rayburn Building.
10:00 AM. The Senate Judiciary
Committee (SJC) will hold an executive business meeting. The agenda again includes
consideration of four judicial nominees: Donald Schott (USCA/7thCir), Stephanie Finley (USDC/WDLa),
Claude Kelly (USDC/EDLa), and Winfield Ong (USDC/SDInd). Webcast. The agenda does not
include consideration of S 356
[LOC |
WW], the "Electronic
Communications Privacy Act Amendments Act of 2015". See,
notice.
Location: Room 226, Dirksen Building.
POSTPONED. 10:00 AM. The
Senate Homeland Security and Governmental Affairs
Committee's (SHSGAC) Subcommittee on Regulatory Affairs and Federal Management will hold a
hearing titled "Reviewing the Rulemaking Records of Independent Regulatory
Agencies". The witnesses will be __. Webcast. See,
notice. Location: Room 342, Dirksen Building.
10:00 AM - 12:00 NOON. The Department of State's (DOS) Advisory
Committee on Private International Law will hold a meeting to discuss a document titled
"Technical Notes on Online Dispute Resolution" in advance of the United
Nation Commission on International Trade Law (UNCITRAL) meeting on June 27 - July 15, 2016.
See, notice in
the Federal Register, Vol. 81, No. 107, June 3, 2016, at Page 35809. Location: South Building
State Department Annex 4A (Navy Hill), Room 356, 2430 E St., NW.
10:00 AM - 1:00 PM. The Federal Aviation
Administration's (FAA) Radio Technical Commission for
Aeronautics' (RTCA) Special Committee 224, Airport Security Access, will meet. See,
notice in the
Federal Register, Vol. 81, No. 100, May 24, 2016, at Pages 32824-32825. Location: RTCA, Suite
910, 1150 18th St., NW.
10:30 AM. The
Senate Appropriations Committee (SAC)
will meet to mark up the Financial Services and General Government Appropriations Act for
Fiscal Year 2017. Audio webcast. See,
notice. Location: Room 106, Dirksen Building.
12:00 NOON - 1:30 PM. The Cato
Institute will host a panel discussion titled "The TPP and Pharmaceutical Protections:
Too Strong, Too Weak, or Just Right?". See,
notice. Location: Cato, 1000 Massachusetts Ave., NW.
12:00 NOON - 2:00 PM. The DC Bar Association
will host an event titled "The Trademark Office Speaks -- An Annual Update from the
USPTO and TTAB". The speakers will be Gerard Rogers (Chief Judge of the USPTO's Trademark
Trial and Appeal Board), Meryl Hershkowitz (Deputy Commissioner for Trademark Operations, USPTO),
and Rob Kimmer (Mei & Mark). The price to attend ranges from $15 to $35. No CLE credits. No
webcast. For more information, call 202-626-3463. The DC Bar has a history of barring reporters
and news coverage. See,
notice.
Location: DC Bar Conference Center, 1101 K St., NW.
Deadline to submit comments to the Copyright Royalty Board in response a motion
for partial distribution in connection with 2012 and 2013 DART Musical Works Fund royalties.
See, notice
in the Federal Register, Vol. 81, No. 95, May 17, 2016, at Pages 30568-30569.
Deadline to submit comments to the Department of Commerce's (DOC)
National Telecommunications and Information Administration
(NTIA) to assist it in developing its proposals and positions regarding matters that will be
addressed at the International Telecommunication Union's (ITU) 2016 World Telecommunication
Standardization Assembly (WTSA-2016) This event will be held on October 25 through November
3, 2016 in Yasmine Hammamet, Tunisia. See,
event web site. See,
notice in the
Federal Register, Vol. 81, No. 95, May 17, 2016, at Pages 30518-30519.
Deadline to submit reply comments to the Federal Communications Commission
(FCC) in response to its
Public Notice (PN) regarding termination of dormant FCC proceedings. The FCC released
this PN on February 22, 2016. It is DA 16-187 in CG Docket No. 16-16. See,
notice in the
Federal Register, Vol. 81, No. 84, May 2, 2016, at Pages 26229-26230.
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Friday, June 17 |
The House Majority Leader's
schedule states that "no
votes are expected in the House".
8:30 AM - 12:00 NOON. Day three 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). See,
notice in the Federal
Register, Vol. 81, No. 97, May 19, 2016, at Page 31594. Location: United States Access Board,
Conference Room, Suite 800, 1331 F St., NW.
9:00 AM - 3:00 PM. The
Federal Aviation Administration's (FAA)
Radio Technical Commission for Aeronautics' (RTCA) NextGen
Advisory Committee, will meet. See,
notice in the
Federal Register, Vol. 81, No. 96, May 18, 2016, at Page 31293. Location:
Boeing Company, 929 Long Bridge Drive, Arlington, VA.
9:00 AM - 5:00 PM. Day three of a three day meeting of the
Federal Aviation Administration's (FAA)
Radio Technical Commission for Aeronautics' (RTCA) Special
Committee 216, Aeronautical Systems Security. The agenda includes "ARAC ASISP". ASISP
is an acronym for Aircraft Systems Information Security Protection. That is, the agenda includes
cyber threats to aircraft systems and networks. See,
notice in the
Federal Register, Vol. 81, No. 97, May 19, 2016, at Page 31675. Location: RTCA, Suite 910, 1150
18th St., NW.
9:30 AM - 4:45 PM. The DC Bar Association
will host a program titled "Preserving Intellectual Property Rights in Government
Contracts". The speakers will be David Bloch (Winston & Strawn), Richard Gray
(Department of Defense), John Lucas (Department of Energy), and James McEwen (Sikorsky
Aircraft Corporation). The price to attend ranges from $129 to $199. CLE credits. For more
information, call 202-626-3488. The DC Bar has a history of barring reporters and news coverage.
See, notice.
Location: DC Bar Conference Center, 1101 K St., NW.
1:00 - 2:30 PM. The New America
Foundation (NAF) will host a discussion of the
book titled
"Rogue Justice: The Making of the Security State". The speakers will be the
author, Karen Greenberg (Fordham University) and Peter Bergen (NAF). Lunch will be served. See,
notice.
Location: NAF, Suite 900, 740 15th St., NW.
Deadline to submit comments to the Federal
Trade Commission (FTC) in response to its notice of proposed rulemaking (NPRM) regarding
implementation of the E-Warranty Act (Public Law No. 114-51_), which pertains to publishing
warranty information online. See,
notice in the
Federal Register, Vol. 81, No. 100, May 24, 2016, at Pages 32680-32686.
Deadline to submit comments to the
Department of Homeland Security (DHS) regarding draft "voluntary standards" for
cyber security information sharing. The DHS's
notice in the
Federal Register Register (FR) does not contain, or hyperlink to, these drafts. It refers to the
web site of the Information Sharing and Analysis Organization
(ISAO). See, FR, Vol. 81, No. 91, May 11, 2016, at Pages 29289-29290. As of publication of this
notice, the ISAO web site stated that these drafts are "forthcoming".
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Monday, June 20 |
Deadline to submit comments to the U.S.
Patent and Trademark Office (USPTO) regarding its information collection under the Patent
Cooperation Treaty (PCT). See,
notice in the
Federal Register, Vol. 81, No. 75, April 19, 2016, at Pages 22967-22970.
Deadline to submit initial comments to the Federal Communications
Commission (FCC) in response to its
Notice of Proposed
Rulemaking (NPRM) regarding the revisions to the FCC Schedule of Regulatory Fees.
The FCC adopted this item on May 18, 2016, and released it on May 19, 2016. It is FCC 16-61 in MD
Docket Nos. 16-166. See,
notice in the
Federal Register Vol. 81, No. 107, June 3, 2016, at Pages 35680-35698.
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