Editor's Note: Tech Daily will not publish on Friday, April 6. We will resume publication on Monday, April 9. Broadband Consumer Advocates Urge Competition In Broadband by David Hatch      The rapid growth of high-speed wireless Internet service has prompted public-interest advocates to seek consumer safeguards and assurances that competitors can flourish against incumbents such as AT&T, Sprint and Verizon Wireless. In separate but related comments filed with the FCC Thursday, an ad hoc coalition of advocacy and watchdog interests urged regulators to treat an upcoming spectrum auction as a unique opportunity to foster alternatives to dominant cable- and phone-delivered broadband.      "This spectrum, in our view, represents the last best hope for meaningful competition in broadband," said Jeannine Kenney, senior policy analyst at Consumers Union, during a telephone press briefing. "This only happens if the FCC gets the rules right the first time. It has one chance to do that," she warned. Also participating are the Consumer Federation of America, Free Press, Media Access Project, New America Foundation and Public Knowledge.      But CTIA, the wireless association, argues that regulation is unnecessary. "It's an awful idea," spokesman Joe Farren said. "We don't need a government mandate when the market is already delivering these services." He said the concerns are "hypothetical" and that restrictions would "devalue" the frequencies to be auctioned. "Whoever suggests that competition and innovation isn't alive and well in the wireless space simply isn't paying attention," he said.      "What was the phone is now the 21st century Swiss army knife," Farren emphasized, noting that cellphones double as address books, calendars, cameras, MP3 players, televisions and Web browsers. "The evolution of the device is clear evidence that when consumer demand emerges it is immediately met by supply."      At issue is the so-called 700 Megahertz spectrum to be relinquished by analog television stations as they shift to digital signals in early 2009. The frequencies, to be auctioned no later than Jan. 28, are well-suited for wireless Internet access because they travel long distances and penetrate walls and trees. To maximize the spectrum, the coalition wants licenses conditioned on adherence to "network neutrality" rules guaranteeing that customers can attach compatible devices, reach websites, post information and offer services.      It also wants the FCC to require that half of the spectrum would be accessible to competitors on a wholesale basis. Mark Cooper, director of research at the Consumer Federation of America, said this "open access" is essential "because the networks are scarce" and robust competition has not emerged between wireline and wireless broadband firms.      The parties noted in their written comments that the window is narrow for the FCC to act. "Services have not yet been deployed in the 700 MHz band. The commission can and should adopt [new] rules for the 700 MHz band now . . . so that auction winners have time to incorporate these principles into the design of their networks from their inception," they wrote.

Cyber Security Expert Says Internet Could Face High-Tech Ambush by Andrew Noyes      The most serious threat to the Internet infrastructure in the 21st century is a massive virtual blackout known as a "distributed denial of service attack," an outspoken board member for the group that administers Internet addresses said Thursday at a Hudson Institute briefing.      This type of high-tech ambush, which occurs when multiple compromised systems flood the bandwidth or resources of a targeted server to make Web pages unavailable, could be devastating for global online communication, said Susan Crawford of the Internet Corporation for Names and Numbers.      The most significant attack in recent years came on Feb. 6, when six of 13 root-zone servers were slammed by an army of "zombie computers," which were compromised by hackers, the Cardozo Law School professor said at the think tank event.      While the average Internet user's experience was not affected by the attack, the incident underscored the fact that there is no real oversight of those servers, whose components are backed up by other machines around the world, Crawford said.      Prevention of DDOS attacks will eventually mean "having fewer zombies out there," she said. "People are turning millions of PCs into weapons... and we don't have a lot of data about what is happening. Researchers are often operating in the dark," Crawford said.      The U.S. Computer Emergency Readiness Team and its facilitator, the Department of Homeland Security, are largely reactive in their approach. "From the outside, it looks as if [DHS] doesn't really know what it's doing," she said. "They're trying, but many of their efforts lack timeframes for completion."      DHS also suffers from a high turnover rate among senior officials, but the agency now has Greg Garcia as its cyber-security czar, who is attempting to address the problem, Crawford said. He was previously vice president at the Information Technology Association of America.      Garcia has talked about the need for legislation but Crawford said she is "not convinced" that a new U.S. law can offer a cure for denial of service attacks because congressional action "is too local for the networked age."      Crawford advocated turning more attention and money to focus on prospective global educational efforts. A new multi-stakeholder entity "with a new, friendly acronym" might be the best solution, she said.      "None of the existing institutions will work," Crawford said. ICANN cannot do the job because its power is contractually based and too narrow, and the recently launched Internet Governance Forum is "highly political" and "not necessarily the best forum for a technical discussion of best practices," she contended.      Crawford added that improvements in routing security, which is "how packets go from one place to another," are also needed. A hacker could inject phony paths into a routing algorithm in order to intercept packets or trigger a DDOS attack. The susceptibility for such an assault grows as the size of so-called "routing tables" increases to accommodate the next-generation Internet known as IPv6, she said.

Intellectual Property Appeals Court Reviews Patent Suit Against Microsoft by Andrew Noyes      The U.S. Appeals Court for the Federal Circuit on Thursday took another look at a hard-fought legal crusade by E-Pass Technologies against a handful of large high-tech companies. In this round, the New York-based firm sued Microsoft and Hewlett-Packard.      E-Pass alleges that the way the companies' products enable secure access to data transactions infringes on its method of user authentication. The patentee's invention verifies an individual's identity by checking the access code or signature provided against information stored in a remote database.      A Houston, Texas federal district court ruled last August that Microsoft and HP's technologies did not infringe on E-Pass's 1994 patent. In January, the Federal Circuit sided with 3Com, a network management company; credit card provider Visa; and handheld manufacturer Palm, whom E-Pass sued on similar grounds.      E-Pass holds the so-called "'311 patent" that covers a "method and device for simplifying the use of a plurality of credit cards, or the like." In February 2002, the firm initially sued Microsoft and computer manufacturer Compaq, which was acquired by HP, alleging that certain handheld devices and software was infringing on them.      But the defendants claimed that the personal digital assistants, or PDAs, in question are not "cards" covered by the patent, and E-Pass did not produce evidence that Microsoft's programs were used in other devices that are "cards." E-Pass argued that PDAs are fair game under the legal rule known as "doctrine of equivalents."      During the trial, expert witness David Johnson highlighted the fact that the mere act of accessing e-mail or browsing the Internet by using the accused devices and software does not require or result in the verification process claimed by E-Pass," U.S. District Judge Kenneth Hoyt said in his opinion.      In their complaint to the Federal Circuit, E-Pass attorneys argued that the district court inappropriately added a new "card-verification limitation" to the plaintiff's infringement claim and based its ruling on that alone.      HP told the appeals court in a brief that E-Pass has the burden of producing sufficient evidence, which it has not done, to show that the there was direct infringement. In a companion brief, Microsoft urged the court to look to the 3Com ruling for guidance.      The afternoon oral argument, being heard by Judges Alan Lourie, Alvin Schall and William Bryson, had not begun at press time.

E-Commerce Utah Bans Trademark-Triggered Advertising by Michael Martinez      A measure recently signed into law by Utah Gov. Jon Huntsman would establish an electronic system to allow trademark owners to prevent their marks from being used to trigger online advertising for competitors.      The bill, S.B. 236, would effectively prohibit companies from using trademarks of their competitors to trigger keyword advertising. Under the measure, search engines would be required to consult Utah's registry of trademarks to prevent unlawful advertising.      At a committee hearing in February, state Sen. Dan Eastman, the sponsor of the bill, said he hoped it would make the state a "repository" for trademark registration and create a cottage industry for those willing to participate.      The law cleared the Legislature overwhelmingly despite concerns about its constitutionality voiced by its Office of Legislative Research and General Counsel. In a review of S.B. 236, that office said it is likely the measure violates the clause of the Constitution that gives Congress the authority to regulate interstate commerce.      The general counsel's office cited in its review a 1999 case in which the 10th Circuit U.S. Court of Appeals ruled that a New Mexico law prohibiting the dissemination of pornography to minors over the Internet violated the commerce clause. The office said S.B. 236 is similar to the laws struck down in that case, ACLU v. Johnson.      "This legislation is not dissimilar from the laws struck down in ACLU v. Johnson, in that it has the effect of requiring entities outside of Utah to verify the location of a user or ensure that all content complies with Utah law," the office said. "Additionally, the benefit to the state from this legislation is likely less than in ACLU v. Johnson, which dealt with the protection of minors from pornography."      Corynne McSherry, an attorney at the Electronic Frontier Foundation, said S.B. 236 is a dangerous law that would hurt consumers if it ever takes effect because it denies them access to information. She said comparative trademark use is clearly protected by federal law, and that S.B. 236 is bad public policy that undermines the fundamental purposes of the federal trademark system.      "The good news is that, given the constitutional problems, the law is likely to be challenged in court," she wrote on EFF's blog. "But it's too bad the Utah Legislature didn't heed its own counsel's advice and save Utah taxpayers the cost of defending this anti-consumer legislation."      Martin Schwimmer, a New York-based trademark attorney and former counsel at the Internet Corporation for Assigned Names and Numbers, also said the regulatory scheme the law would impose is problematic.      "This seems to be clearly targeted at national actors, namely the search engine companies," Schwimmer said.      Andrew McLaughlin, Google's head of global public policy, said the company objects to the measure and that it plans to hold conversations with Utah officials and other Internet firms about the bill before taking any legal steps.      "It's a terrible bill," he said.      Calls to Eastman and Huntsman were not returned by press time.

Security Arizona Patrols To Acquire Border Sensor Technology by Chris Strohm      The Homeland Security Department plans to give Border Patrol agents in Arizona new technology this month as part of the first phase of its Secure Border Initiative, moving the effort one step closer to becoming fully operational in June, according to agency officials and documents.      The department has completed testing a prototype 98-foot tall mobile sensor tower, a critical component of SBInet, which is the department's multi-billion dollar effort to gain operational control of the nation's borders. The towers will hold an array of sensors, cameras and communications nodes, becoming a central part of giving Border Patrol agents improved situational awareness, or what is commonly referred to as a "common operating picture."      "The tower and its components functioned as expected," said Kirk Evans, program manager for SBInet within Customs and Border Protection. "The cameras provided clear, stable imagery, and we are confident that the design is repeatable for deployment along the border." The first towers will be deployed this month to support Project 28, which refers to 28 miles of desert outside Tucson, Ariz.      Border Patrol agents will also receive upgraded vehicles with rugged laptops and satellite phones, which will enable them to access the common operating picture. A mobile command, control and communications unit will also be deployed, from which operators will receive radar and camera feeds from technology, including the mobile towers. Operators will analyze the data and notify Border Patrol agents of threats.      Project 28 is expected to provide a first look at how new technology and the common operating picture will work, and is on track to become fully operational by June, according to CBP. "Technology and tactical infrastructure are essential to enabling CBP to secure our borders. The perfect mix of resources will vary, as the border is very diverse," said CBP Deputy Commissioner Deborah Spero. "The area being covered under Project 28 is complex and presents the opportunity to test out a variety of approaches to securing our border."      Although the department appears to be on course to meet its stated deadlines for the first SBInet phase, government inspectors remain concerned that the program could go awry. The Homeland Security Department's inspector general and the General Accountability Office have each weighed in on the program, saying it has high risks.      "Our main concern about SBInet is that DHS is embarking on this multi-billion dollar acquisition project without having laid the foundation to effectively oversee and assess contractor performance and effectively control cost and schedule," Inspector General Richard Skinner told the House Oversight and Government Reform Committee in February. "DHS has not properly defined, validated and stabilized operational requirements and needs to do so quickly to avoid rework of the contractor's systems engineering and the attendant waste of resources and delay in implementation."      According to GAO, the program is too vague in several areas and lacks adequate controls. GAO is worried that shortfalls might impede the program from delivering on time and within budget.      House Homeland Security Committee Chairman Bennie Thompson, D-Miss., also expressed concern about the program. "While we are glad that the department is on track to complete Project 28, that does not alleviate our concerns about the overall execution of the program," he said. "There have been false starts and millions spent. We hope they have turned the corner."

Labor Tech Managers More Attuned To Disabled Workers by Aliya Sternstein      Technology managers tend to be more interested in hiring workers with disabilities than supervisors in other departments because techies understand the power of assistive technologies, such as motorized wheelchairs and speech-recognition programs.      "They get it more," said Bender Consulting Services CEO and Founder Joyce Bender, who has epilepsy and hearing loss. She started her firm 12 years ago to help employers -- mainly technology-oriented businesses -- hire people with disabilities. The desire to provide jobs for people with disabilities is "not as much of a tech industry trend," as a trend throughout "IT areas of [all] companies."      But many businesses that want to hire disabled talent do not know where to look. The Labor Department is trying to simplify the search. Last week, the Labor Department announced that employers nationwide can now quickly tap into an existing government-sponsored database of pre-screened college students and graduates with disabilities.      Federal employers can obtain a password to search the resource online. Private sector employers can order unlimited, immediate searches by calling a toll-free number, (866) 327-6669, or visiting the Employer Assistance and Recruiting Network funded by the government's Office of Disability Employment Policy. In the past, employers had to wait for search results in the mail.      Many individuals in the database are students looking for summer internships. Others have graduated and want permanent employment.      In 2006, about 25 percent of the nonprofits and companies that asked for database searches were from the high-tech industry, said EARN spokesman Tyler Matney. "Organizations such as Microsoft, IBM and Intel have requested the database in the past and have found it to be instrumental in identifying strong candidates to fill their positions."      But while these tech companies have made strides, many other employers still forget about disabled talent in trying to diversify their workforces, say several organizations that represent disabled Americans.      "Given the over 70 percent rate of unemployment among the blind, high technology companies -- or companies in general for that matter -- haven't made many strides in hiring blind workers," said National Federation of the Blind spokesman John G. Pare. "While this tool will undoubtedly help employers find disabled candidates, the real problem faced by potential blind employees is that employers do not believe that blind people can do most jobs. What employers really need is education about the true abilities of blind people."      Carol Glazer, of the National Organization on Disability, said sometimes companies want to hire more disabled personnel, but that job seekers are reluctant to identify themselves -- or the companies cannot find a "trained and work-ready pipeline."      That was the case for Salesforce.com, a San Francisco, Calif.-based hosted software vendor. Through the Arc of San Francisco, a nonprofit that provides job training and job placement for people with development disabilities, the company has been able to employ 8 full-time workers this year. But Salesforce.com, an international company, also needs the Labor Department's online resources to help pinpoint candidates. "You don't go to Monster.com," Salesforce.com Chief Strategy Officer Tien Tzuo said.

Today's Feature: State Roundup A federal judge in Kentucky this week denied a motion to dismiss a lawsuit accusing the Republican administration of Gov. Ernie Fletcher of blocking state employees from a Democratic blog for political reasons. Every Thursday, read the State Roundup by Michael Martinez.

E-briefs Telecom:    Aiming to improve accuracy of 911 calls made from cell phones, FCC Chairman Kevin Martin said this week that he would propose significant changes in the 911 system. "This is something we always want to be improving on," Martin told the Associated Press. "We have to make sure public safety doesn't lose because we don't take advantage of the changes in technology." People make more 911 calls from cellular telephones than landlines these days; the trend is expected to continue as more people opt to drop their landlines altogether. In contrast to landlines, when a 911 call comes in to an emergency communications center from a cell phone, the operator often has only a vague idea of where the person in distress is calling from. Speaking during National Public Safety Telecommunications Week, Martin said he will support a request by the Association of Public Safety Communications Officials -- APCO -- to tighten requirements on how accuracy is measured. He also said he will open a new inquiry at the agency that may lead to significant changes in how cell phone companies manufacture handsets. A noticed of proposed rulemaking on the issue is expected to be circulated in the next few weeks. Crime:   Police in Sao Paulo, Brazil worked with anti-piracy specialists from the music and film industries to crack down on an organized criminal gang, the International Federation of the Phonographic Industry said Wednesday. The global music trade group and the Motion Picture Association of America's international arm supported law enforcement in raids on four properties that were being used to manufacture counterfeit discs. Authorities seized 200 burners and over 30,000 recordable compact discs and digital videodiscs, IFPI said. The investigation into the piracy operation, which supplied unauthorized copies throughout metropolitan Sao Paulo, is continuing and additional arrests are expected. The raid follows a massive December 2005 sweep in which 700 agents raided 50 stores and seized more than 20 tons of merchandise that was either pirated or illegally imported. Raul Vazquez, head of IFPI's Latin America Office congratulated intellectual property specialists at Sao Paulo's police department on "a job well done."

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 National Journal's Technology Daily is published every weekday, except holidays, by National Journal Group Inc., 600 New Hampshire Avenue, NW, Washington, DC 20037.   ©2006 by National Journal Group Inc. All rights reserved. Reproduction or transmission in any form of this product by any means—from a retrieval service or any other electronic form or from a photocopy—in whole or part without permission is strictly prohibited. National Journal Group makes no representations or warranties with respect to and is not responsible for the content of World Wide Web sites linked to by this publication but not controlled by National Journal Group. Please read the details of our Privacy Policy. Editorial: 202-266-7197 Fax: 202-266-7094 Subscription Inquiries: 202-266-7264 Customer Service: 202-266-7230 or 1-800-207-8001