Tech Daily Dose

Happy Trails, New Beginnings

2009-11-06T23:00:00Z

Excerpted from the Oct. 31 issue of National Journal magazine:

Andrew Noyes is moving to Facebook's lobbying shop as manager of public policy communications. He has covered the technology beat for National Journal Group's CongressDaily since 2006 and launched the Tech Daily Dose blog the same year. He knows that making the leap to private industry is a definite role reversal. Tech lobbyists he once called for quotes are already welcoming him to the "dark side," while fellow reporters tease that they'll want exclusive scoops.

Although Silicon Valley heavyweights Google and Microsoft have sprawling D.C. lobby shops, the social-networking website is just establishing its K Street operations. Noyes, 29, will divide his time between putting out public-relations fires and drawing on his extensive Rolodex to help the company get established in Washington. Facebook hired its first lobbyist in April, and Noyes will become just the third employee in the office.

* Effective Nov. 7, Noyes can be reached at andrew{at}andrewnoyes.net.

Carper, Collins Urge IT Accountability

2009-11-06T19:52:46Z

Senate Homeland Security and Government Affairs ranking member Susan Collins and Sen. Tom Carper, D-Del., on Friday said a Government Accountability Office report showing that 16 critical federal information technology projects will cost $3 billion more than originally estimated is proof of lax oversight and underscores the need for immediate corrective action. Carper chairs the Subcommittee on Federal Financial Management, Government Information, Federal Services and International Security.

The GAO report also notes that the IT investments will likely need an additional $1 billion to be completed on time. Two investments in particular are especially egregious, Carper and Collins said. NASA's James Webb Space Telescope and the Veteran's Affairs Health Information System Modernization will collectively overrun their original budgets by more than $798 million.

Earlier this year, Carper asked the GAO to study whether the Office of Management and Budget was providing Congress with the true cost of IT investments based on several hearings that revealed agencies often under-report the price tag for federal projects. "At a time when our country faces record deficits and dramatic budget cuts, it is unacceptable that agencies are not telling Congress and the taxpayers the true costs for these large-scale technology investments," Carper said in a statement.

]]> Carper and Collins have sponsored legislation that would require agencies to conduct an independent cost estimate for risky projects that typically end up over-budget and behind schedule. Their bill would also require agencies to alert Congress when an investment significantly deviates from the expected cost estimate. "Congress needs more information about these projects so we can decide whether we want to continue funding them or not," he said.

NAB May Need Waiver For Radio Talks

2009-11-05T23:56:32Z

National Association of Broadcasters President Gordon Smith wrote to House Judiciary Chairman John Conyers, Senate Judiciary Chairman Patrick Leahy and others on Thursday in response to an Oct. 30 letter that sought a meeting to discuss legislation that would force AM and FM stations to pay a new fee to performers and record labels. In the letter, the former Republican senator for Oregon writes that he appreciates their interest "in gaining a greater understanding of the impact that this legislation will have on your local radio stations and the local communities they serve."

Due to laws prohibiting him from lobbying Congress for two years after leaving office, Smith said he requires an ethics waiver that indicates his participation in their planned Nov. 17 meeting is legally and ethically permissible. Smith was defeated by Democrat Jeff Merkley in 2008 after two terms in office and was named head of NAB in September. He said there may be an exception for communications made in congressional testimony and needs confirmation from the Senate that his involvement falls within that, or another exception.

Read more in Tech Daily Dose here and in CongressDaily here (subscription required).

Mixed Reviews For Google Dashboard

2009-11-05T19:40:39Z

Google launched an application Thursday that allows users to see what data is stored in their accounts, but at least one group says the effort doesn't go far enough. The Google Dashboard is "designed to be simple and useful" and summarizes data for a range of products from e-mail and calendar applications to social networking and video sharing platforms. Consumer Watchdog, a group that has repeatedly thrashed Google for its advertising and privacy protection practices, said the Internet giant should let users opt out of tracking and delete information associated with their computer's IP address from Google's servers.

"If Google really wanted to give users control over their privacy it would give consumers the ability to be anonymous from the company and its advertisers in crucial areas such as search data and online behavior," Consumer Watchdog's John Simpson said in a press release. "The Dashboard gives the appearance of control without the actual ability to prevent Google from tracking you and delivering you to its marketers." That function is Google's "black box and data mine," he said.

Consumer Watchdog said Google should offer a simple "make-me-anonymous" or "don't track" button or icon on its home page, or at the very least in its dashboard, that would prevent search information from being logged at the choice of the user. The group also said that the dashboard, though useful, is not easy to find. Read more about dashboard here.

Groups Urge IP Pact Openness

2009-11-05T19:34:03Z

The Center for Democracy and Technology, Electronic Frontier Foundation, Electronic Privacy Information Center, New America Foundation and other advocacy groups urged the Obama administration on Thursday to open up negotiations pertaining to a proposed Anti-Counterfeiting Trade Agreement. The groups wrote to President Obama expressing "deep concerns about the lack of transparency" surrounding the pact, which is the focus of a meeting in Seoul, South Korea this week.

In their letter, they reference Obama's day one memo pledging increased openness and participation in executive decision-making and directing agencies to "take affirmative steps to make information public." The continuing Open Government Initiative indicates a strong commitment to applying the principles in practice but multiple aspects of ACTA fail to meet those standards, they said. Read the text of the letter here (PDF).

Leahy: Much To Achieve, Little Time Left

2009-11-05T19:09:41Z

Senate Judiciary Chairman Patrick Leahy said members of his committee have their work cut out for them as winter recess nears. His panel made a big stride Thursday when it passed a pair of data security bills (see CongressDaily's PM Edition for details) and several measures that have cleared the committee and await floor action. Leahy said the Senate needs to take up a bill that would modify and reauthorize expiring provisions of the USA PATRIOT Act and the Satellite Home Viewer Act before they expire Dec. 31.

He noted he has been working with Senate Minority Whip Jon Kyl and other leaders from both parties to help make that happen. Leahy said last month that he wants to work with Majority Leader Harry Reid to schedule, before the end of the year, floor debate on legislation that would overhaul the U.S. patent system. The Obama administration has thrown its support behind the bill. Patent and Trademark Office Director David Kappos recently told a group of IP attorneys that a legislative fix is needed immediately.

A dozen senators, including Sens. Sam Brownback, R-Kan., Tom Coburn, R-Okla., and Senate Finance ranking member Charles Grassley, sent a letter to Reid and Minority Leader Mitch McConnell stating the bill needs more work before it is brought to the floor. Judiciary ranking member Jeff Sessions and Kyl have questioned the bill's approach to challenging a patent after it is granted.

Online Voter Registration Draft Unveiled

2009-11-05T18:50:19Z

House Administration Elections Subcommittee ranking member Kevin McCarthy, R-Calif., and Rep. Gregg Harper, R-Miss., unveiled draft legislation Thursday [see PDF here] designed to increase online voter registration services while preserving safeguards to protect against fraudulent registration tactics witnessed in past elections.

"Americans are increasingly enjoying the convenience of online services provided by both private and government entities and voter registration shouldn't be an exception," they said in a statement, acknowledging the bill is still a work in progress. "Providing states with incentives to implement online programs would not only assist registrants, but would also help state election administrators reduce costs, save time and increase accuracy," they said.

The draft bill would direct the Election Assistance Commission to reimburse states for the cost of creating Web-based voter registration programs. In order to qualify, a program would have to be operated through the Web site of the chief state election official. The state agency would also have to ensure the accuracy, integrity, and security of the information provided by an applicant. That includes flagging registration attempts originating from an automated source or multiple attempts by the same individual.

GOP Rejects Calls For Gambling Ban Delay

2009-11-05T15:24:21Z

Senate Minority Whip Jon Kyl and Financial Services Committee ranking member Spencer Bachus wrote to Treasury Secretary Tim Geithner and Federal Reserve Chairman Ben Bernanke this week opposing calls to delay by a year the implementation of a 2006 law that banned Internet gambling in the United States. The Unlawful Internet Gambling Enforcement Act directed the Treasury and Federal Reserve to issue regulations by July 2007. After a lengthy process, the final rules are set to take effect on Dec. 1.

"There is no justification for delaying the compliance date for the long-overdue regulations implementing UIGEA," Bachus and Kyl wrote. If the final rule represented an "unreasonable burden on regulators and the financial services industry," as some lawmakers have claimed, the Treasury and Federal Reserve could have reconsidered the regulations early in the new administration and before the industry began taking steps to comply. This did not happen and the financial services sector did not petition to have the rule amended, they wrote.

Kyl and Bachus said the Treasury and Federal Reserve should carefully monitor the law's effectiveness after they go into effect and consider modifications if necessary. "Delaying the compliance date serves no interest except that of the Internet gambling enterprises that have long evaded American gambling laws and will continue to do so until effective enforcement is in place," they wrote. Read the letter here (PDF).

Report: SSA Should Embrace Open IT

2009-11-05T14:25:49Z

A high-tech trade group on Thursday is releasing a paper that explains the depth of IT problems that are preventing the Social Security Administration from making data more interoperable and easier to manage. The report from the Computer and Communications Industry Association comes as the SSA's tech advisory board begins a two day meeting to develop a roadmap for systems technology and electronic services to better carry out the agency's mission over the next five to 10 years.

More baby boomers are heading into a system, which is relying on technology that was cutting edge --- back when this generation was putting their children through college, CCIA said in a press release. The SSA has faced criticism from Congress and its inspector general about the accessibility and security of vital data and the agency was granted $500 million under the economic stimulus package to fix its aging IT infrastructure.

In the CCIA paper, "The Promise of Open IT at Social Security," industry analyst Jeffrey Gould recommends that SSA switch to open standards for citizens' data, and that critical citizens' data be stored in standardized data tables that can easily be read and used by any widely used relational database. He also writes that new versions of all critical applications should be translated to modern computer languages that are not tied to a particular hardware platform or operating system. Read more about the paper here.

Radio Royalty Critics Want In On Talks

2009-11-05T12:51:36Z

Texas Reps. Gene Green, a Democrat, and Mike Conaway, a Republican, wrote to House Judiciary Chairman John Conyers on Wednesday asking to be included in any discussions regarding legislation that would force AM and FM radio stations to pay a new fee to performers and record labels. Conyers and Senate Judiciary Chairman Patrick Leahy have requested that music and broadcasting executives come together on Capitol Hill Nov. 17 to begin two weeks of negotiations.

Green and Conaway sponsored a resolution opposing the bill and it has garnered more than 250 backers. Sen. Blanche Lincoln, D-Ark., introduced an identical proposal. "We have serious concerns that legislation imposing a new royalty on local radio stations, particularly in this economic climate, will be tremendously harmful to radio stations and their employees, local communities that rely on radio, and recipients, such as charities and non-profits, that receive free airtime for their causes," Green and Conaway wrote.

]]> Conyers and Leahy sent a letter dated Oct. 30 that called for negotiations to commence. Recipients were former Sen. Gordon Smith, R-Ore., the new head of the National Association of Broadcasters, NAB Board Chairman Steve Newberry and MusicFIRST Coalition Executive Director Jennifer Bendall. "With your good faith participation, we are confident that an acceptable and mutually beneficial resolution to this long-standing disagreement can be found," the letter stated.

MusicFirst spokesman Marty Machowsky argued Wednesday that the current situation is indefensible. "Radio stations earn billions every year without compensating the artists and musicians who bring music to life and listeners' ears to the radio dial," he said. NAB has argued that the legislation could bankrupt smaller stations, limit diversity on the airwaves, and ultimately harm consumers.

Former HP CEO Announces Senate Run

2009-11-04T18:54:26Z

Former Hewlett-Packard CEO Carly Fiorina made her candidacy for one of California's Senate seats official on Wednesday at an event in Orange County. Fiorina, who was an advisor to Sen. John McCain, R-Ariz., during his run for the White House last year, was also the first woman to lead a Fortune 500 company. Prior to joining HP, she served as an executive vice president at AT&T and helped coordinate Lucent's spin-off. She was ousted by HP's board in 2005.

Fiorina made her announcement at Earth Friendly Products in Garden Grove, Calif., where she discussed her top priorities including job creation, economic recovery and restoring fiscal accountability in Washington. "Throughout my career I've brought people together and solved problems and that is what I plan to do in government - set aside ego and partisanship and work to develop solutions to our problems," she said in a statement.

"I believe big change is not impossible, but it does require leadership, innovative thinking, teamwork and tackling the most obvious and pressing problems first," Fiorina said. "My campaign is going to be about solutions that work for the people of California and about holding Barbara Boxer accountable for her failed record over her last 18 years in the Senate, her utter failure to lead and her track record of bitter and ineffective partisanship."

She will face off in the GOP primary against California Assemblyman Chuck DeVore. For more information visit CarlyforCalifornia.com.

House Panel Feuds Over PATRIOT Act

2009-11-04T17:58:10Z

The stage is set for a potentially raucous day in the House Judiciary Committee Wednesday as Democrats try to push legislation to modify and reauthorize expiring portions of the USA PATRIOT Act, CongressDaily's AM Edition reported. They are also scheduled to mark up a separate bill to provide courts with specific standards for handling state-secrets claims by the government in civil lawsuits.

House Judiciary ranking member Lamar Smith and other Republicans have unsuccessfully argued that the PATRIOT Act bill introduced two weeks ago by Chairman John Conyers with House Judiciary Constitution Subcommittee Chairman Jerrold Nadler, D-N.Y., and Crime, Terrorism and Homeland Security Subcommittee Chairman Bobby Scott, D-Va., deserves a hearing before it is teed up for a vote.

Smith called the lack of a hearing an "unwarranted departure" from the regular committee process. He chaired a GOP briefing on the bill Tuesday. Smith said Democrats insist on making unnecessary changes to the law that could undermine law enforcement. The Obama administration backed a full reauthorization of the expiring provisions but said it remained open to suggestions for modifications.

Read the full CongressDaily story here (subscription required) and read more coverage in Thursday's AM Edition.

NY AG Files Antitrust Suit Against Intel

2009-11-04T16:48:49Z

[Updated 4:10 p.m.] New York Attorney General Andrew Cuomo on Wednesday filed a federal lawsuit against microchip giant Intel Corp. making his the first formal antitrust action against Intel by any U.S. agency in more than a decade. The FTC launched an examination into Intel in 2008 but has not made its probe official. Cuomo's complaint charges that Intel violated state and federal laws by engaging in "a worldwide, systematic campaign of illegal conduct" to maintain its dominance in the microprocessor sector.

"Rather than compete fairly, Intel used bribery and coercion to maintain a stranglehold on the market," said Cuomo, who served Intel with a wide-ranging subpoena in January 2008. "Intel's actions not only unfairly restricted potential competitors, but also hurt average consumers who were robbed of better products and lower prices," he added. Intel has repeatedly denied antitrust allegations and filed an appeal against a recent European Commission ruling.

More than 20 lawmakers recently urged Justice Department antitrust chief Christine Varney and FTC Chairman Jon Leibowitz to view the European antitrust ruling with a critical eye and weigh its impact on U.S. high-tech firms. The Sept. 18 letters to Varney and Leibowitz, spearheaded by Oregon Reps. Earl Blumenauer, a Democrat, and Greg Walden, a Republican, argued the Intel ruling "is the latest evidence of a troublesome trend in Europe toward regulatory protectionism."

]]> National Journal magazine ran a feature story earlier this year on the lobbying battle brewing between Intel and rival AMD. Read the article here (subscription required).

AMD Executive Vice President Tom McCoy said Cuomo's 83-page complaint details "explicit evidence of Intel's harm to U.S. consumers and computer manufacturers." "Stopping that illegal harm will serve the settled purpose of the American antitrust laws: ensuring that innovation is unconstrained and competition is free to serve consumers."

Computer & Communications Industry Association President Ed Black said internal e-mails revealed by Cuomo "illustrate that contrary to Intel's assertions, the microchip manufacturer knew that its actions potentially violated the law." ""Intel certainly had other clues more recently including the findings against them by antitrust officials in Japan, Korea and the EU," Black said.

Association for Competitive Technology President Jonathan Zuck said New York's "effort to micromanage competition in the chip market may benefit AMD, but it is also likely to harm the interests of software developers and consumers." While Cuomo makes some bold accusations about Intel's behavior, experts are already questioning whether there is any real evidence to support the complaint, Zuck said.

The Progress and Freedom Foundation's Ken Ferree said it is unfortunate that Cuomo decided to interfere in a market that is actually working for consumers. "Despite all of the rhetoric and grandstanding, there is no evidence that I've seen of any harm to Intel's competitors, to competition, or to consumers," he said.

FCC, DOT Combat Distracted Driving

2009-11-04T16:12:55Z

Transportation Secretary Ray LaHood and FCC Chairman Julius Genachowski announced Wednesday that they are launching a campaign to evaluate technologies that may help curb the dangerous epidemic of distracted driving. Their news came at a joint hearing of two House Energy and Commerce Committee panels where both Obama administration officials testified.

The DOT-FCC partnership will also include outreach efforts to educate the public about the dangers of texting and taking on cell phones while driving and other behavior that can lead to accidents, according to a press release. LaHood told lawmakers distracted driving "is costing lives and inflicting injuries across the nation's roads and railways. Genachowski said combining the resources of both agencies "can have a major impact on this problem."

Other witnesses included CTIA - The Wireless Association President Steve Largent; David Teater of Transportation Strategic Initiatives; Center for Auto Safety Executive Director Clarence Ditlow; Robert Strassburger of the Alliance of Automobile Manufacturers; Tom Dingus of the Virginia Tech Transportation Institute; and Anne McCartt of the Insurance Institute for Highway and Auto Safety.

Craigslist Founder To Serve On VA Panel

2009-11-04T15:41:27Z

Craiglist.org founder Craig Newmark has agreed to serve on a Veterans Affairs Department panel that will review ideas to improve disability claims processing times and provide greater transparency to vets, the agency announced Wednesday. Newmark told a high-tech conference in June that he was contemplating whether to "dedicate a big chunk of my life" to those who are driving change in Washington. He also said he wanted to spend more time practicing his own brand of public service.

"Transforming VA into an organization that is veteran-centric, results-oriented and forward-looking is my top priority," Veterans Affairs Secretary Eric Shinseki said in a press release. "Leveraging the talent, innovation and creativity of stakeholders, like Craig Newmark, is just one of the many ways VA can think outside of the box to help deliver tangible results to our nation's veterans."

VA officials from each of the agency's 57 regional offices across the country have submitted more than 3,000 ideas, which will be reviewed by Newmark and other panel members. Newmark said he looked forward to working with VA's leadership team to "bring tangible results" to veterans. He added that he is encouraged by the fact that VA is "embracing new ways to look at old problems."