OVERNIGHT TECH: Cyberbills on their way

THE LEDE: After months of a stalemate it appears there may be some action on the cybersecurity front in the near future. All three executive branch witnesses at Tuesday's Senate Judiciary Crime subcommittee hearing referenced a series of legislative recommendations currently under formulation by the White House.

Deputy Assistant Attorney General Jason Weinstein said that after some delays cybersecurity legislation "is moving at a fever pitch now" and the Justice Department hopes any potential changes to the Electronic Communications Privacy Act don't make it more difficult for law enforcement to get the information it needs to prosecute offenders.

Pablo Martinez, deputy special agent in charge of the Secret Service's Cyber Crime Operations, said a national data breach law is needed to replace the 47 separate state laws, each with their own notification requirements. Martinez also said companies should have to notify both customers and the government when they experience a breach.

The hearing comes as reports emerge that Senate leadership has finally settled a year-long standoff in the upper chamber over which committee should have jurisdiction over private-sector cybersecurity. In addition, Sen. Orrin Hatch (R-Utah) said he plans to re-introduce the international cybercrime bill he co-sponsored with Sen. Kirsten Gillibrand (D-N.Y.), while Sen. Amy Klobuchar (D-Minn.) said she will be unveiling a bill that addresses security in the cloud.

Carper wants more oversight of IT projects: Sen. Tom Carper (D-Del.), chairman of the Senate Homeland Security subpanel on Financial Management, re-introduced his Information Technology Investment Management Act on Tuesday ahead of a hearing to discuss how to eliminate wasteful spending on government IT projects. Carper's bill would attempt to increase the transparency surrounding large government technology projects and makes the IT Dashboard, which is supposed to depict the current status of those projects, permanent and mandated by law.

Federal Chief Information Officer Vivek Kundra's opening remarks will sound familiar to most: he discussed how the IT Dashboard has already helped the administration save money and shut down troubled projects. The Government Accountability Office's Dave Powner credited the Office of Management and Budget for making some improvements in managing investments, but once again pointed out the data on the Dashboard has been proven to be inaccurate and encouraged the agency to continue its vigilance to ensure the projects are finished on schedule.

Budget deal slashes E-Gov. fund: The final spending agreement reached over the weekend reduces funding for the E-Government fund from $34 million in fiscal 2010 to just $8 million in fiscal 2011. That puts programs like the IT Dashboard, Data.gov and the Obama administration's cloud computing initiatives in jeopardy. Transparency watchdogs like the Sunlight Foundation lamented the cuts; Kundra will likely have a big say in deciding which programs survive and which get the axe.

Sens. Kerry, McCain drop privacy bill sans Do Not Track: Sen. John Kerry (D-Mass.) acknowledged some consumer advocates wanted to see the addition of a Do Not Track list to his Commercial Privacy Bill of Rights, but said including the measure may have dissuaded some of the many firms that expressed their support on Tuesday, including HP, AT&T, Intel, eBay and Microsoft.

The bill would force firms to allow customers to opt out of having their data collected or shared, and requires an opt-in when collecting sensitive personal information like health or financial records. The bipartisan push for privacy legislation appears to be gaining steam in both chambers with Rep. Bobby Rush (D-Ill.), who has introduced privacy legislation of his own in the House, hailing Kerry's effort late Tuesday.

Wednesday: The Recording Academy will host its annual Grammys on the Hill awards honoring Vice President Joe Biden and Sen. Bob Corker (R-Tenn.) at the Capital Liaison hotel. Former Eagles singer Don Henley will also receive an award for "his work advancing the rights of music creators."


FCC Chairman Julius Genachowski used his speech at the NAB show to once again call for voluntary incentive auctions of broadcast spectrum.

Meanwhile, Rep. Cliff Stearns (R-Fla.) thinks the time has come for major reform at the FCC.

FCC Commissioner Mignon Clyburn (D) is on the lookout for market failures during retrans negotiations.

Consumers Union thinks AT&T/T-Mobile could eliminate one low-cost option for wireless customers.

Finally, one day after a federal judge ruled in Facebook founder Mark Zuckerberg's favor against former Harvard classmates, the Winklevoss twins, a new legal challenge is looming on the horizon for the social-networking prodigy.