Markey, Barton eye cellphone location tracking - BTOP bill markup possible this week - Net neutrality vote next week? - Some Senate Commerce members on fence about AT&T/T-Mobile

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**With help from Michelle Quinn, Jen Martinez, Brooks Boliek, Mike Zapler and Eliza Krigman

FIRST LOOK: MARKEY, BARTON EYE CELLPHONE TRACKING – A story in the NYT this week ( http://nyti.ms/gbZeIP) that revealed the extent to which Deutsche Telekom tracked and stored location data for one German politician has Ed Markey and Joe Barton concerned. The two fired off letters Tuesday afternoon to top carriers AT&T, Verizon, Sprint and T-Mobile, asking them to detail the kind of cellphone location data they collect, how they collect it, how the data is stored and for how long. They’re especially concerned whether the tracking itself complies with the Communications Act’s Section 222 – a provision Markey authored that requires “express prior authorization of the customer for use, disclosure of or access to the customer’s location information for commercial purposes,” according to their letter. The companies have until April 15 to reply. Story coming.

SCOOP I: MARKUP COULD FOLLOW BTOP HEARING – Greg Walden told your MT-er on the Hill that it’s possible his telecom panel could move immediately after Thursday’s hearing into a markup of his Broadband Technology Opportunities Program legislation. While Walden said he and his GOP colleagues “haven’t decided yet,” he added: “If it’s ready to go, I don’t see any reason not to move into a markup. We’ve done it before.” The bill itself, he told us, remains substantively the same as before – it requires NTIA and RUS to return unused funds to the Treasury for deficit reduction. Walden said there have been “ongoing discussions with different parties to make sure we get it right” since its introduction, particularly to “define all of these terms” properly. Stay tuned.

SCOOP II: NET NEUTRALITY VOTE NEXT WEEK? – It’s possible, your MT-er heard from both Greg Walden and Lee Terry late Monday evening. “I don’t know if the majority leader set the schedule yet, but I anticipate some time next week it will be on the floor,” Walden said on the resolution of disapproval. Terry, meanwhile, suggested Thursday as a possible day for the vote. He told us he’s confident it’ll clear a House vote easily.

Good Wednesday morning, it’s time for your Morning Tech – where we’ve seen our fair share of awkward and inappropriate eBay auctions. But the latest one ranks among the best: a man who tried to auction off parts of a military drone, who ultimately found himself selling to an undercover DHS agent, according to Wired. You can probably predict how this one ends, but here’s more anyway: http://bit.ly/g5KaKF

Send us only the legal comments and tips to [email protected], and find the full crew’s emails after the Speed Read.

*** PRO TECH GOES LIVE: Join us for our first Pro Tech One-on-One featuring Kim Hart in conversation with Rep. Greg Walden, chairman of the House Energy and Commerce Committee’s Communications and Technology Subcommittee. Be part of it on Friday, April 1, 2011, at 8 a.m. To add your questions and attend, RSVP here: http://politico.cvent.com/event/ProTech1on1. ***

SCOOP: TECHNET, ORACLE PREZ HOST KERRY FUNDRAISER – The Massachusetts Dem is flying out West for a private Friday fundraiser hosted by TechNet at the home of Safra Catz, the president of Oracle. (It follows a tough few weeks for Kerry, who’s laboring hard in Washington on an online privacy bill that matters greatly to the Valley crowd.)

SOME SENATE COMMERCE MEMBERS ON FENCE WITH AT&T/T-MOBILE DEAL – We checked in with leading members of the panel, and some are still trying to find their political footing. Top Republican Kay Bailey Hutchison said she still has to dig into the deal, but had some key questions. Chief among them: “Is there more potential for broadband coverage in places that don’t have it now, because it’s bigger? I want to see if the benefits would outweigh the clear loss of competition,” she said. Claire McCaskill, meanwhile, signaled only tersely she had “concerns” while Mark Pryor expressed reservations about the state of wireless competition writ large. MORE HERE, for Pros: http://politico.pro/fcZREu

POLITICAL INTEL: SCHMIDT A DONE DEAL FOR COMMERCE? NOPE – A Google search for Eric Schmidt’s name would reveal a torrent of results suggesting he’s basically a shoe-in for the top Commerce Dept. gig. But the process isn’t that far along, we hear. “The president will consider a number of qualified candidates, from inside and outside of the administration, but we are at an early stage in the process and no decisions have been made,” a White House spokeswoman told MT on Tuesday. We’re following.

FIRST LOOK: HOLLYWOOD TELLS CONGRESS IT SUPPORTS ICE SEIZURES – In a letter sent to lawmakers this a.m., a host of Hollywood studios and labor unions, including the MPAA and SAG, emphatically reiterated support for both ICE’s controversial “Operation in Our Sites” effort and the W.H. IP chief’s legislative recommendations to Congress. The groups also subtly squashed arguments that legitimate sites may get caught up in the seizures.

“The websites targeted by ICE – via a transparent process that requires a judicial finding of probable cause – are not ‘innocent’ Internet users; they are illegal for-profit businesses knowingly trafficking in stolen and counterfeit goods,” the Hollywood groups wrote. “Operation In Our Sites has not only put illegal sites out of business, but has raised public awareness about this specific form of crime on the Internet. Most importantly, these enforcement efforts have resulted in most of these entities ceasing their illegal activity.” Read the letter here: http://politico.pro/fCLQAL

CLOSER LOOK AT ICE IP OPS – Jen Martinez takes a first-hand look: “At the center of the storm is the National Intellectual Property Rights Coordination Center, a virtual mission control for digital copyright enforcement run by the Immigration and Customs Enforcement service. ... To explain their work and blunt critics, ICE invited POLITICO to tour the center. Officials detailed how the government locates infringing websites and builds a case to take those sites down. ‘We’re only interested in criminals. We’re not after people that are not breaking the law,’ Richard Halverson, the head of the center’s outreach and training unit, told POLITICO.” MORE HERE, for Pros: http://politico.pro/hN2irH

PATENT ON IP PANEL RADAR – “The bill the House Judiciary Committee’s intellectual property subcommittee will examine Wednesday is similar to a Senate measure that won overwhelming support, but fights over some provisions are expected in the House,” reports Brooks Boliek. “The core of the Senate bill remains. The House legislation would also change the U.S. patent system from a first-to-invent to a first-to-file system and give the Patent and Trademark Office more resources. In addition, the House bill also leaves in provisions that are opposed by many in the tech industry — and that could spell trouble.” MORE, for Pros: http://politico.pro/hzDnAK

SMITH DETAILS BILL IN POLITICO OP-ED – “By adopting a first-inventor-to-file standard, we would simplify the process of determining who owns a patent,” the HJC chair writes. “We also would make it easier for U.S. inventors to get innovations patented overseas because they would not have to prepare applications for two different systems.” MORE on POLITICO: http://politi.co/eJ9dpT

IS WHITMAN GETTING READY FOR HER NEXT POLITICAL MOVE? – Silicon Valley was buzzing Tuesday afternoon over news that Meg Whitman, former CEO at eBay and former GOP gubernatorial candidate in California, had joined the esteemed venture firm Kleiner Perkins Caufield & Byers as a strategic adviser. It begs the question: With the Kleiner job, is Whitman turning her back on a political career? The quick consensus was no. The Kleiner gig is part time leaving Whitman the ability to pursue other options, including a political career. “It’s a holding pattern,” said one insider. “It’s unclear yet if she’s caught the political bug or if she’s had enough.”

D-BLOCK DAY: TWO HEARINGS TO WATCH – Those closely following the debate over what to do with a valuable chunk of 700-level spectrum should keep their eyes on hearings before the House and Senate homeland security panels. In the lower chamber, Pete King is convening a session today that digs into public safety communication needs, and on tap to testify are leading first responder comm officials.

That hearing coincides with a separate session, in the upper chamber, during which the former chair and vice chair of the 9/11 Commission are set to deliver testimony on their report ahead of the 10-year anniversary of the attack. It was the commission, after all, that reignited the debate over public safety communications. The two former leaders could touch on the debate over auction reallocation today. We’re tracking.

ALSO TODAY: HILL, ADMIN STAKEHOLDERS TALK VIDEO GAMES AND STEM – They’ll talk about how video gaming can boost STEM education efforts at an event hosted by The Atlantic at the Newseum. Look for remarks from the W.H.'s Aneesh Chopra, Ed’s Karen Cator, DARPA’s Russell Schilling, American Federation of Teachers’ Heidi Glidden and Rep. Debbie Wasserman Schultz, leader of the E-Tech Caucus. More: http://bit.ly/f8opXF

FOR YOUR DAYBOOK – Reps. Lungren and Blackburn host WTHC’s digital goods luncheon beginning at noon ... the FCC’s Technology Advisory Council holds an organizational meeting, open to the public, beginning at 1 p.m. ... and Julius Genachowski is on the Hill this afternoon for a 2 p.m. appropriations hearing that’s sure to be replete with political fireworks over net neutrality (and perhaps some questions about LightSquared, we hear).

SNEAK PEAK: ROGER ENTNER @ BROOKINGS TODAY – Veteran telecom analyst Roger Entner will argue today that the FCC’s effort to foster innovation through “regulatory handicapping and championing simply does not work.” Entner will explain why that is at a Brookings panel on a framework for innovative federal spectrum policy. Other speakers include AT&T’s Jim Cicconi, Google’s Rick Whitt and the Aspen Institute’s Blair Levin. Eliza Krigman will be there to cover.

AND TONIGHT: INDIAN INDUSTRY TALKS TECH – Execs from Aegis, Infosys and Polaris will be on hand at the Confederation of Indian Industry event tonight at the Capitol Visitor Center. Heads of 20 Indian tech and telecom companies will meet with House and Senate members to discuss trade-related issues. Another top VIP is expected to attend: India’s Ambassador to the U.S., Meera Shankar.

ITI TO CANVASS HILL – ITI is taking its board members to the Hill today to meet with Mark Warner, Mike Crapo, Kevin Brady and Joe Crowley – the winners of its 2011 Legislator of the Year award. That trip follows a reception last night at which all of the board members had the chance to ride in Teslas at the car company’s new showroom. Spotted (not necessarily in a car): Google’s Alan Davidson, Microsoft’s Pamela Passman, Panasonic’s Peter Fannon, Nokia’s Leo Fitzsimon and VeriSign’s Shane Tews.

ICYMI ON PRO: ITI’S GARFIELD TALKS TECH AND GREEN ENERGY – Dean Garfield tells Dave Hansen ahead of ITI’s annual board meeting that tech is set to play a leading role in the green-energy shift. “Our view is that IT is central to everything we do with driving energy efficiency. When you look at cars today, cars are just computers with aluminum around them. ... It really does reinforce the point that technology is core to solving many challenges our nation faces now, whether it is energy efficiency, whether we’re talking about taxes and the role our companies can play driving growth in the economy.” MORE, in case you missed it: http://politico.pro/fQWUsb

SPEED READ, by Michelle Quinn:

NYT: As regulators weigh AT&T bid, a look at wireless markets abroad, http://nyti.ms/fIBs7P

WSJ: AT&T deal troubles states, http://on.wsj.com/f3jfFN

LAT: The quest for bandwidth, http://lat.ms/eEfMXr

WSJ: Tech giants look forward to cloudy days, http://on.wsj.com/dIYqsI

All Things D: Amazon’s cloud service is A) Legal B) Illegal? C) Probably here to stay, http://bit.ly/gibkzr

Bloomberg: Google, likened to British Empire, tests fate in China, http://bloom.bg/hHAvFB

CNET: FBI probes Comodo Web security breach, http://cnet.co/f3PZlD

[Tips, comments, suggestions? Send them along via e-mail to our team: Tony Romm ( [email protected] ), Kim Hart ( [email protected] ), Jen Martinez ( [email protected] ), Eliza Krigman ( [email protected] ), Elizabeth Wasserman ( [email protected] ), Brooks Boliek ( [email protected] ) Mike Zapler ( [email protected] ), Dave Hansen ( [email protected] ) and Michelle Quinn ( [email protected] ).]