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Editor's note: We will not publish Monday, Feb. 19, due to the Presidents Day holiday. We will resume publication Tuesday, Feb. 20.
Telecom
House Democrats Eye Review Of Telecom Policies
by David Hatch
House Democrats are planning a thorough re-examination of telecommunications and media policies that will feature multiple oversight hearings and fresh legislation, industry and congressional sources said.
Fostering high-speed Internet deployment, ensuring an open and accessible Internet, and overhauling the federal universal service program that subsidizes telecom connections in rural and impoverished areas are among the key issues to be addressed. The competitiveness of the video, telephone and radio marketplaces also will be explored, along with protecting the privacy of phone records and promoting efficient use of spectrum.
Energy and Commerce Committee Chairman John Dingell, D-Mich., and Telecommunications and the Internet Subcommittee Chairman Edward Markey, D-Mass., have not decided whether to pursue sweeping legislation or targeted measures, sources said. Senate Commerce Committee Chairman Daniel Inouye, D-Hawaii, prefers the latter, a staffer previously said.
"The narrower and smaller the bites, then obviously their chances for success go up," an industry lobbyist said.
But that approach could prove challenging for enacting network neutrality regulations designed to restrict broadband providers from acting as Internet gatekeepers. Markey has not reintroduced a stand-alone neutrality measure.
"[There] won't be a stand-alone net neutrality bill, and that's a good thing because it won't pass," said Gigi Sohn, president of the watchdog Public Knowledge, which supports the concept.
Observers said net neutrality might be added to a broader bill or to various related measures, such as privacy or antitrust vehicles. They cautioned that given the controversy surrounding the issue, Democrats would move slowly.
A Feb. 15 FCC oversight hearing before the House telecom subcommittee was postponed so members could attend the funeral of Rep. Charlie Norwood, R-Ga., who passed away Tuesday. At press time, it had not been rescheduled.
House Democrats plan to scrutinize several FCC policies, include the agency's review of media-ownership limits and its authority to investigate allegations that the National Security Agency conducted surveillance of phone records without warrants.
Also to be examined is a recent FCC decision relaxing local video-franchising guidelines. State regulators have complained that the new rules usurp their authority. Replacing local franchises with less cumbersome national agreements was the centerpiece of Republican deregulatory legislation last year, but it stalled after its Senate counterpart became mired in controversy.
The telecom subcommittee also plans oversight hearings on the National Telecommunications and Information Administration, which is playing a central role in the transition to digital television, and the Corporation for Public Broadcasting, which the White House has targeted for budget cuts.
The Democrats' innovation agenda, released in November by now-House Speaker Nancy Pelosi, D-Calif., would be woven into upcoming telecom legislation, sources said, noting that Markey already has held discussions with Pelosi.
The agenda calls for universal, affordable broadband access within five years. The Bush administration has pledged to achieve that goal by the end of 2007, but critics say they are not on track. The agenda also aims to boost research and development funding, expand the high-tech workforce and make the R&D tax credit permanent.
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Lobbying
Tech Hirings Stay Bipartisan Despite Capitol Changes
by Heather Greenfield
The Democratic takeover of the House and Senate is not leading to a scramble to hire Democrats among technology lobbying groups. The hires in the past couple months have just been to replace existing positions -- not to restructure.
This week, TechNet hired Betsy Mullins to lead Democrats on its lobbying team. Mullins worked in the Clinton administration and most recently for the Democratic Governors Association. The group, which represents high-tech CEOs, also hired Bret Wincup, who most recently worked for Senate Majority Leader Harry Reid, D-Nev.
But those hires were only to fill positions that had been vacant for several months. Mullins replaces Alix Burns, who left to start her own shop, Bay Bridge Strategies.
TechNet also quickly replaced the leader of its Republican lobbying team, Andrea Hoffman, with Mike Platt, who is finishing his job as legislative director for Rep. Marsha Blackburn, R-Tenn.
TechNet has typically kept two Democrats and two Republicans to balance its lobbying operation, and that balanced approach is fairly typical for tech associations. "TechNet has always been known as a bipartisan organization," spokesman Jim Hock said. "We felt it was important to maintain strong ties to both political parties."
John Palafoutas, a lobbyist for AeA, said his association's staff has always been bipartisan in his seven years there and has no plans to hire more Democrats now in response to the election. "When Republicans were in control," he said, "we always needed Democrats to pass [tech] issues because they had no partisan tinge."
The National Cable and Telecommunications Association announced Friday that it has hired Nick Kolovos, a telecommunications expert and former legislative assistant to Rep. Anna Eshoo, D-Calif. But spokeswoman Joy Sims said the Democratic addition fills vacancies from other people leaving in recent months.
She said party affiliation is not a litmus test for job applicants. "Some days Democrats are on our side; some days Republicans are on our side," Sims said.
Phil Bond, CEO of the Information Technology Association of America, had similar thoughts. "The tech industry is blessed because it's pretty bipartisan," Bond said. Even so, he said he would consider adding a lobbyist with Democratic ties for "more day-to-day" lobbying.
A source at another lobbying operation said tech issues are technical, so tech lobbyists typically are hired more for their knowledge of an issue than for their political ties.
Tech companies and associations have been accused of flouting conventional lobbying practices or just being naive to them in the past.
When Republicans controlled Congress and the White House, Google began its own lobbying operation with a senior Democratic lobbyist and only added Jamie Brown, a former Bush White House aide, last May. And nine years ago, when Republicans controlled the House, the Electronic Industries Alliance hired former Democratic Rep. Dave McCurdy as its CEO despite pressure from former House Majority Leader Tom DeLay, R-Texas, to hire a Republican.
Another lobbyist said the fact that tech associations are maintaining balanced lobbying operations now is a sign of growing sophistication.
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Education
Science And Tech Education Is A Pelosi Priority
by Aliya Sternstein
House Speaker Nancy Pelosi is standing by her pledge to reform science, technology, engineering and math education -- known as STEM -- after committing herself and the House Democrats to an agenda aimed at producing 100,000 scientists, engineers and mathematicians in four years.
Pelosi, D-Calif., is cooperating with the House Education and Labor, and Science and Technology committees to introduce a measure to strengthen STEM education before summertime, according to Drew Hammill, the Speaker's deputy press secretary.
In November 2005, Pelosi -- then the House minority leader -- unveiled the House Democrats' innovation agenda, in part to build a workforce trained in the STEM fields. Her plan involves collaborating with states, businesses and universities to create scholarships for students who intend to work in those areas.
"Short term, [we] are working with the committees on a series of bills that would implement the innovation agenda," Hammill stated. The subjects include education, research and development, high-speed Internet deployment, energy independence and small-business financing.
The long-term game plan involves inserting language associated with boosting U.S. competitiveness globally into appropriations bills and big education reauthorization bills. Floor action will start in the spring, Hammill added.
Thomas Kiley, a spokesman for House Education and Labor Chairman George Miller, D-Calif., acknowledged that the panel has a formidable schedule, with many reauthorizations to debate, but noted that the panel already has held a hearing that touched on innovation. In late January, a technology industry executive testified on the significance of repairing the education pipeline to sustain the prosperity of America's middle class.
This year, the committee has three comprehensive reauthorization bills to funnel through Congress. "These are all important, and so is STEM," Kiley said.
An early-childhood education bill is the first item on the to-do list in March, followed by an elementary and secondary education bill, known as the 2002 No Child Left Behind Act. "The chronological order of these things should not in any way reflect their priority to the committee," Kiley said.
Rachel Racusen, the panel's deputy communications director, said the challenges in the global economy "must be met in order to strengthen our nation's middle class" for future generations. "Using the Democrats' innovation agenda -- which boosts our nation's investment in math and science, and creates and keeps millions of good jobs here at home -- as our roadmap, we plan to examine and address these challenges in order to keep America number one."
Some advocates for better STEM instruction say they are optimistic about the likelihood that STEM will gain prominence in the No Child Left Behind Act, as well as other education and science packages up for reauthorization.
"The Speaker has said repeatedly that addressing innovation and competitiveness issues is a top priority and the committees are responding," said James Brown, the co-chairman of the STEM Education Coalition, an alliance of science, education and business groups. "But we expect that we will need to push as hard as we can to get legislation done," especially reauthorizing No Child Left Behind.
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Intellectual Property
C-Span's IP Policies For Congress Called Inconsistent
by Andrew Noyes
Republicans who on Thursday claimed that House Speaker Nancy Pelosi was illegally posting C-Span video clips on her new Web log quickly retracted the accusation after the network said the usage was legal. But some critics say that C-Span, a cable-industry-financed nonprofit, is selectively enforcing its intellectual property.
The uproar began when the House Republican Study Committee alleged that House floor footage posted to The Gavel violated C-Span copyright and trademark rights. The video also was used in a partisan way because the blog showed only Democratic views of a non-binding resolution on Iraq, the group said.
Pelosi spokesman Brendan Daly called the claim a "baseless attack by the Republicans" and said lawyers for Pelosi and C-Span independently determined the video "is in the public domain and does not violate copyright law."
Congressional floor footage "belongs to the American people," a C-Span spokeswoman said, adding that the content was "produced using cameras owned by the government, not by C-Span."
But a source familiar with the business of producing and distributing congressional video said C-Span has been "rabid" about protecting its intellectual property in other cases and the network is willingly turning a blind eye to Pelosi's actions. Floor footage is "public domain at its source," the official said, but once it is refashioned and broadcast on C-Span, "it becomes their copyright."
The network is being "disingenuous" to apply a different set of rules to lawmakers than to others who might post clips, the source added. "C-Span can't just say 'I'll enforce my copyright here, but I'm not going to do it if it's a member of Congress."
C-Span General Counsel Bruce Collins fired back, saying the network's policy on floor footage is "clear as a bell." "Adding a logo to public-domain material does not confer a copyright," he said. "C-Span is not in the business of preventing people from using public-domain material."
Despite claims to the contrary, Collins said C-Span's IP enforcement has been consistent: "We have never asserted a copyright claim on any other person's use of House floor footage or Senate floor footage."
The C-Span executive admitted that "there's a lot of confusion out there when people think of [who owns the rights to] C-Span programming" and the issue is "something structural that we have to deal with."
An example of the confusion uncovered by Technology Daily on Friday is that copyright policies stated on two C-Span sites differ. C-Span Classroom, a site for educators, makes clear that floor footage is fair game, while the C-Span Archives site does not. Collins said the language on the archives site will be fixed immediately.
Up to 95 percent of C-Span's programming is copyrighted because it is created and produced by the network, he said, and floor coverage accounts for only 5 percent to 15 percent. "We're out there enforcing our copyrights from time to time, but not regarding House or Senate floor video," Collins said.
For more on the story, visit our blog, Tech Daily Dose.
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Broadband
Maryland Bill Would Mandate Network Neutrality
by Michael Martinez
A telecommunications debate that has heated up Capitol Hill of late is headed to Maryland.
Legislation introduced this month by Maryland state Del. Herman Taylor, a Democrat, would require operators of high-speed Internet networks to treat all content equally by requiring them to file regular reports on broadband accessibility to public regulators.
According to his bill, H.B. 1069, network operators should not provide or sell to content providers "any service that provides, degrades or gives priority to any packet source over that company's broadband Internet access service based on its source, ownership or destination."
Under Taylor's measure, Maryland's Public Service Commission would have to publish on its Web site the quarterly reports filed by broadband providers. The reports would include information about where the firms are providing service, the percentage of households in their service territory that are offered access, transmission speeds, and the average price per megabyte of downloaded and uploaded data on their networks, among other things.
The state House Economic Matters Committee is scheduled to examine the measure at a Feb. 27 hearing. Several members of the panel are co-sponsors of the bill.
Art Brodsky, the communications director for Public Knowledge, said the heart of Taylor's bill is in the reporting requirements. According to Brodsky, that language allows the measure to operate soundly within the regulatory authority of state governments, and other state lawmakers concerned about net neutrality would be wise to take a similar approach.
"This is something the state can and should do to see if telecommunications policies are working," Brodsky said.
The proposal has not been received warmly by broadband providers. Harry Mitchell, a spokesman for Verizon Communications, said his firm already has committed itself to network neutrality principles. He added that federal safeguards already in place are sufficient.
"We're aware of this 'network regulation' bill, and our view is that it's unnecessary -- a solution in search of a problem," he said in an e-mail. "It would place broadband networks under heavy regulation, and jeopardize growth and innovation in this highly competitive market."
Matt Stoller of the Democratic Web log MyDD said Thursday that the bill is a "big deal." "Owning state legislatures has been a secret strategy for corporate elites for years, and our focus on a federal level and the courts has crippled us in understanding what is really possible when progressives step up on a state level," Stoller said. "But that's where change really happens."
Some MyDD patrons aren't as enthralled with Taylor as with his bill. "Nice bill, but [Taylor] is an empty suit," one poster said in response to Stoller's comments. "And he's pro-life."
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Telecom
U.S., Japan Sign Telecom Exports Agreement
by Winter Casey
The United States and Japan on Friday signed a mutual-recognition agreement that is expected to help U.S. telecommunications and radio equipment makers market and sell their products in Japan, according to the U.S. Office of the Trade Representative.
Deputy U.S. Trade Representative Karan Bhatia and Japan's representative in Washington, Akitaka Saiki, signed the accord.
"Today's agreement provides an important new tool for U.S. companies to expand their exports of telecommunications equipment to Japan," U.S. Trade Representative Susan Schwab said in a statement. "I welcome this step to further strengthen access to opportunities in the Japanese market for U.S. manufacturers of telecommunications equipment and certification bodies."
It is hoped that the pact will increase the recognition of U.S. certification bodies in Japan. Under the agreement, Japan will accept the results of product testing and certification procedures performed by U.S. certification bodies that demonstrate that telecom equipment is in line with Japan's technical standards. The move is expected to lower the costs associated with testing and certification, and result in the increased marketing in Japan of U.S. products.
Mutual-recognition agreements reduce the time it takes American products to be approved for use in foreign markets, according to USTR. The United States has previous signed six similar agreements for certifying telecom equipment.
The pact with Japan will increase the transparency of technical requirements and conformity assessment procedures, USTR said. In addition, the accord allows products manufactured in third countries but certified in the United States to enter Japan's market.
The U.S. National Institute of Standards and Technology will determine the assessment bodies that qualify to review whether products conform to Japanese requirements.
According to the USTR, U.S.-Japan trade in telecom equipment in 2005 was about $2.6 billion. During that same year, the United States said Japan ranked as the fourth-largest export market for telecom products.
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On The Hill
Bills Eye Technology To Fortify Homeland Security
by Theresa Poulson
A new bill aimed at expanding the U.S. visa-waiver program already has found a home on a broader security measure moving through the Senate. The visa-waiver legislation was one of several technology-related bills introduced this week.
The measure, S. 653, would expand the program, which allows travel to the United States without visas, to countries that support the United States.
The language was added to a broader security bill, S. 4, to implement recommendations of the panel that investigated the 2001 terrorist attacks. The Senate Homeland Security and Governmental Affairs Committee approved that bill.
Other security-related measures also were filed this week.
Other new measures targeting homeland security include: S. 575, which would authorize $580 million over five years for border and transportation security personnel and technology; S. 608, which seeks to improve the allocation of grants; H.R. 1089, which focuses on assessing chemical, biological, radiological and nuclear threats; and H.R. 1079, which would limit fees for background checks related to transporting hazardous materials.
And Susan Collins of Maine, the ranking Republican of the Senate Homeland Security Committee, introduced a bill, S. 563, to delay the May 2008 implementation of a federal mandate for driver's licenses standards.
Other tech-related measures introduced this week were:
-- S. 559, which would require paper trails for electronic votes;
-- H.R. 1077, which would make permanent the moratorium on certain Internet taxes;
-- S. 596, which would require all Internet pharmacies that dispense prescription drugs to be licensed by the Food and Drug Administration;
-- H.R. 1008, which would establish an FTC office on Internet safety and public awareness;
-- S. 602, which calls for technology to help parents protect their children from inappropriate scenes and language online, on television and via other devices;
-- S. 568, which would prohibit deceptive conduct in rating video and computer games;
-- S. 639, which calls for digital and wireless networks to advance online higher education opportunities for minority students;
-- H.R. 1051, which proposes a public Web site with a database of available scholarships, fellowships and other financial assistance for science students;
-- H.R. 1048, which aims to transfer surplus federal computers to schools, educational nonprofits, and families of deployed military personnel;
-- H. Res. 169, a resolution to require that spending earmarks for federal projects be made available to the general public online;
-- H.R. 1068, which would designate research and development funds to develop computer hardware and software;
-- H.R. 1015, which would require automobile dealers tell consumers about data recorders, or "black boxes," on new automobiles;
-- H.R. 983, which calls on the FCC to determine whether satellite radio services should be permitted to provide local traffic, weather and emergency information on national channels;
-- And H.R. 1067, which would establish a federal coordination and planning process for advanced research instrumentation and facilities.
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Today's Feature:
Executive Summary
A week after the Bush administration released its budget proposal for fiscal 2008, the plan is taking hits on three different technology-related fronts.
Every Friday, read the Executive Summary by K. Daniel Glover.
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E-briefs
Privacy: The Senate Homeland Security and Governmental Affairs Committee on Thursday approved language that would require federal agencies to report to Congress on their use and development of data-mining technologies. The language, approved unanimously, is based on legislation, S. 236, co-authored by Sen. John Sununu, R-N.H. He used the bill language for an amendment to a bill, S. 4, that would implement recommendations of the commission that investigated the 2001 terrorist attacks. "There is a sharp distinction between the federal government looking at digital records of terrorists and other criminals, and those of law-abiding citizens," Sununu said in a statement. "Congress has a responsibility to ensure that this technology, which can analyze vast quantities of data, does not unintentionally infringe on Americans' personal privacy." The bill now awaits a vote by the full Senate.
E-Commerce: DirectRevenue, a distributor of computer "adware," will return $1.5 million in ill-gotten gains in a settlement with the FTC. The agency alleged that the firm used unfair and deceptive methods to put secret software on consumers' computers and made it hard to remove. The deal bars future downloads of DirectRevenue's adware without consumers' express consent and requires the firm to provide a way for individuals to locate and remove the content from their computers. Commissioner Jon Leibowitz was the lone dissenter in the FTC's decision. He said the $1.5 million fine "apparently leaves DirectRevenue's owners lining their pockets with more than $20 million from a business model based on deceit." Alissa Cooper, a policy analyst for the Center for Democracy and Technology, said the settlement is "good overall" but agreed with Leibowitz that the penalty is too small.
E-Commerce: Consumers are being alerted that certain popular medicines ordered online contain what seems to be haloperidol, a powerful anti-psychotic. On Friday, the Food and Drug Administration said preliminary analysis reveals that "a number of Americans" who bought Ambien, Ativan, Lexapro and Xanax instead received a different product. Several have sought emergency treatment for difficulty breathing, muscle spasms and muscle stiffness after taking the pills. Haloperidol, which can cause such symptoms,as well as agitation and sedation, is the active ingredient in drugs primarily used to treat schizophrenia. The shipping packages were postmarked in Greece. Photographs of the suspect tablets and shipping materials are posted on the FDA Web site. Pinpointing the vendors is hard "because of the deceptive practices of many commercial outlets on the Internet," the FDA said. "[T]he agency is reissuing its warning to consumers about the possible dangers of buying prescription drugs online."
E-Government: New measures to strengthen United Kingdom police powers concerning sex offenders took effect Feb. 12. The new law means that more offenders can be placed on the sex-offender registry for life, and they can be prosecuted for offenses even if the dates of the acts are unknown. Any "sexual offender given an indeterminate sentence for public protection will automatically be placed on the sex offenders' register for life," according the U.K. government. Home Office Minister Vernon Coaker said the new measure will help make people safer.
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President -- John Fox Sullivan, 202-739-8468
Editor in Chief -- Louis Peck, 202-739-8481
Editor -- K. Daniel Glover (bio)
Assistant Editor -- Theresa Poulson
Senior Writers -- David Hatch (bio), Heather Greenfield (bio), Andrew Noyes (bio) and Aliya Sternstein (bio)
Special Correspondent -- Chris Strohm (bio)
Staff Writer -- Michael Martinez
Senior Business Affairs Manager -- Chris Hamby
Business Affairs Associate -- Anne TeBeest
Advertising Sales -- Alex Treadway
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