Buzz: First Amendment activists back Google, Microsoft on FISA -- Leahy eyes records collection as Comey hits the Hill -- Why IP threats come from China -- PCLOB workshop draws top line-up today

With help from Michelle Quinn

BUZZ: FIRST AMENDMENT ACTIVISTS BACK GOOGLE, MICROSOFT ON FISA DISCLOSURES ? Precluding tech companies from telling the public how many FISA court orders they receive and how many users are covered is a clear violation of the First Amendment, a coalition of freedom of speech and technology groups wrote in an Amicus Brief to the FISA Court late Monday. The filing, which comes as the government has secured another two weeks to respond to the petitions from Google and Microsoft that would let the companies share the data, argues that any rationale for overriding First Amendment concerns must meet the highest level of scrutiny ? and the national security concerns at play don?t meet that burden. ?The expression at issue on the present motions ? speech by Google and Microsoft about their own conduct in responding to government requests ? is central to a significant political debate at the heart of self-government,? authors like CDT, TechFreedom, ACLU and EFF write. ?Even scholars who have advanced the most restrictive view of the scope of the First Amendment...have strongly affirmed that speech about governmental interaction with the citizenry is at the heart of what the Amendment protects,? Read the brief here: http://bit.ly/1dcwlr5

LEAHY EYES RECORDS COLLECTION AS COMEY HITS THE HILL ? Senate Judiciary Chairman Patrick Leahy will question this morning the need for the government to collect reams of data on Americans as part of homeland security programs. ?When the government is collecting data on millions of innocent Americans on a daily basis, when is enough enough?? Leahy is expected to say in an opening statement at a hearing for James Comey, the president?s nominee to lead the FBI. ??Just because we have the ability to collect huge amounts of data doesn?t mean that we should be doing so.? Leahy, who suggested during surveillance debates of years? past that tighter constraints to government authority were needed, introduced a bill last month that would make slightly more stringent the rules for how the FBI gathers records under the so-called Section 215 program.

Comey will face questions on a range of issues this morning ? his thoughts on the Bureau?s efforts to defend against and track down cyber-criminals is likely to be on the list ? but Leahy is likely to press further on the records collection point, especially as administration officials have defended the mass data gathering as necessary for seeing the big picture as part of keeping Americans safe. The hearing starts at 10 a.m. Watch here: http://1.usa.gov/18JsSmk

GOOD TUESDAY MORNING and welcome to Morning Tech, where we?re already crossing our fingers for good weather this weekend, given the slate of outdoor activities we?re trying to compile. If you?ve got a crystal ball, let us know what things are going to look like. Otherwise, talk techy to us at abyers@politico.com and @byersalex. Catch the rest of the team?s contact info after speed read.

WHY IP THREATS COME FROM CHINA ? That?s the question that panelists before the House Energy and Commerce oversight subcommittee will try to answer this morning. The key takeaway, witnesses indicate: Historical and legal factors incentivize Chinese entities to target foreign intellectual property for their own economic advantage. ?Much of this theft stems from the undirected, uncoordinated actions of Chinese citizens and entities who see within a permissive domestic legal environment an opportunity to advance their own commercial interests,? former Senator Slade Gorton will say, according to prepared testimony. ?With rare penalties for offenders and large profits to be gained, Chinese businesses thrive on stolen technology.? CSIS?s James Lewis is expected to say that among other factors, Chinese entities ?have an overwhelming desire to catch up with and to surpass the West? and know no history of protecting IP. It?s a recipe that?ll make it extremely hard to change the country?s behavior, he says.

--SO, WHAT TO DO? It?s pretty much impossible to gauge the economy-wide damage of IP theft, the GAO?s Susan Offutt says in prepared testimony. At the same time, there are steps for the U.S. to take: Lewis is set to call for sustained, high-level talks with the China, close coordination with allies in similar positions, and better cyber defenses in the private sector. And U.S.- China Economic and Security Review Commissioner Larry Wortzel thinks President Obama could even freeze transactions and assets or block imports and exports under International Emergency Economic Power Enhancement Act if he declared cyber theft an extraordinary threat, according to prepared remarks. Things get underway at 10:15 this morning. Watch here: http://1.usa.gov/12dtUzJ

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PCLOB WORKSHOP TODAY TARGETS CONSTITUTIONAL, TECH QUESTIONS FOR SURVEILLANCE ? The White House?s Privacy and Civil Liberties Oversight Board holds its first public workshop this morning on the NSA?s surveillance programs, and they?ve got a who?s who of privacy advocates and former government officials on tap. Electronic Privacy Information Center Executive Director Marc Rotenberg, himself speaking on a panel about the role of technology, told reporters he?s particularly interested to hear from James Robertson, a former FISA Court judge that?s speaking at a 9:45 a.m. session. ?He?s been very quiet about the circumstances surrounding his resignation from the FISC, but apparently he feels comfortable speaking in public tomorrow about the FISA authority and I will certainly be listening carefully to what he has to say,? Rotenberg said. Others of note at today?s workshop: Former National Security Adviser Kenneth Wainstein, former W.H. Deputy CTO Danny Weitzner, and a gaggle of privacy experts like the ACLU?s Jameel Jaffer. Full rundown here: http://bit.ly/12SxFJD

WHITE HOUSE TOUTS NEW ?MANAGEMENT AGENDA,? BUT NOT MUCH NEW ? President Obama hit the State Dining Room Monday morning to present a plan to leverage technology and make government more efficient, but details were scarce in terms of how administration officials would put it into action. Most of what the president talked about were initiatives he?s already launched ? a fact press secretary Jay Carney acknowledged during Monday?s briefing. That?s not to say there won?t be steps that OMB Director Sylvia Matthews Burwell, who met with the President?s Management Council Monday, can take to push government efficiency ? especially with a class of Presidential Innovation Fellows more than 40 strong at her disposal. But government accountability groups aren?t sure Monday?s announcement was much more than promotion of past actions. ?Everything that was announced here are things that are already happening,? Sunlight Foundation Policy Director John Wonderlich told MT. ?It?s more like a list of things they are proud they?ve done.?

MMTC ?ACCESS TO CAPITAL? CONFERENCE KICKS OFF ? House commerce lawmaker G.K. Butterfield and former legislators Cliff Stearns and Ed Towns will keynote a congressional panel this afternoon at the Minority Media and Telecom Council?s conference, where they?ll discuss ways to promote legislation that would increase women- and minority-owned enterprises in the media space. For policy types, that?s likely to be the appetizer to tomorrow?s FCC Commissioner?s Breakfast, where Ajit Pai and Jessica Rosenworcel will look at improving minority ownership as part of the IP transition. Minority media ownership has been a thorny issue for the commission so far this year, as former chairman Julius Genachowski held off on reforming media ownership rules in lieu of a MMTC-backed study on the effect the changes would have on minority players. The study was completed in May, but acting Chairwoman Mignon Clyburn hasn?t picked the issue back up. Conference details here: http://bit.ly/1aTbOew

EFF CLEARS PREEMPTIVE ?STATE SECRETS? HURDLE IN NSA LAWSUIT ? Via CNET: ?U.S. District Judge Jeffrey White in San Francisco rejected the administration's claim that the lawsuit could not proceed because it might reveal ?state secrets? and endanger national security...The Electronic Frontier Foundation filed the lawsuit, called Jewel v. NSA, in 2008 to challenge a NSA's warrantless surveillance program that vacuumed up Americans' confidential electronic communications...Today's ruling is anything but a final decision...But overcoming the hurdle of the administration's ?state secrets? claims is still a major step.? http://cnet.co/18Juo7Z

SPEED READ

NYT ED BOARD BACKS FISA TRANSPARENCY: Congress should pass the Merkley bill, the authors write: http://nyti.ms/12UtscW

REPORT: WEB-MONITORING DEVICES MADE IN U.S. FOUND IN IRAN: Experts say technology made by Blue Coat Systems is being used to monitor dissident communications, the Washington Post reports: http://wapo.st/12UtK3q

10 QUESTIONS FOR OBAMA?S CTO: Todd Park talks about the culture similarities between D.C. and the valley, the New York Times reports: http://nyti.ms/12UsfCd

JUDGE ORDERS RELEASE OF SWARTZ FILE: The Secret Service most turn over its paperwork on the late activist, Wired reports: http://bit.ly/12UsqgT

WHEN GOOGLE GLASS CATCHES ARRESTS: It?s a game-changer for citizen journalism, but another question-raiser for privacy, NPR reports: http://n.pr/12Usz3V

WALDEN & CO. REVIVE FCC PROCESS BILL: The House telecom leader wants to speed up FCC decision-making and decentralize power, Broadcasting & Cable reports: http://bit.ly/12UsRrJ

Tips, comments, suggestions? Send them along via email to our team: Alex Byers (abyers@politico.com, @byersalex), Eric Nelson (enelson@politico.com), Eric Engleman (eengleman@politico.com, @ericengleman), Brooks Boliek (bboliek@politico.com, @technocowboy), Steve Friess (sfriess@politico.com, @stevefriess), Jessica Meyers (jmeyers@politico.com, @jessicameyers), Michelle Quinn (mquinn@politico.com, @MichelleQuinn), Tony Romm (tromm@politico.com, @tonyromm) and Bobby Cervantes (bcervantes@politico.com, @BobbyCervantes).

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