DOJ Files Brief in Support of RIAA in Verizon
Subpoena Matter |
4/18. The Department of Justice (DOJ) filed a
brief
with the
U.S. District Court (DC) in RIAA v. Verizon
in which it responds to certain issues raised by Verizon, and
questions propounded by the Court, regarding the constitutionality of the § 512(h)
subpoena provisions of the Digital Millennium Copyright Act (DMCA).
The
DOJ argues that the statute does not violate either the Article III based
justiciability requirements of the Constitution, or the First Amendment's free
speech clause. The DOJ argues that Verizon's motion to quash should be denied.
Statute.
17 U.S.C. § 512
provides internet service providers (ISPs) a safe harbor from liability for
infringement based on the activities of their users. There are four specific
limitations on liability. § 512(a) pertains to "transmitting, routing, or
providing connections for, material through a system or network controlled or
operated by or for the service provider, or by reason of the intermediate and
transient storage of that material in the course of such transmitting, routing,
or providing connections". § 512(b) pertains to "the intermediate and temporary
storage of material on a system or network". § 512(c) pertains to "material that
resides on a system or network controlled or operated by or for the service
provider". And, § 512(d) pertains to "referring or linking users to an online
location containing infringing material or infringing activity, by using
information location tools, including a directory, index, reference, pointer, or
hypertext link".
Subsection 512(h) then provides, in part, that "A copyright owner or a person
authorized to act on the owner's behalf may request the clerk of any United
States district court to issue a subpoena to a service provider for
identification of an alleged infringer in accordance with this subsection." The
statute then provides that the requester should also provide a copy of the
512(c)(3) notice, a proposed subpoena, and a sworn declaration. However, the
statute does not expressly limit the availability of 512(h) subpoenas to 512(c)
situations.
Subsection 512(h)(5) then provides, in part, that "Upon receipt of the issued
subpoena, ... the service provider shall expeditiously disclose to the copyright
owner or person authorized by the copyright owner the information required by
the subpoena, notwithstanding any other provision of law and regardless of
whether the service provider responds to the notification."
This subpoena procedure requires no notice to, or opportunity to be heard by,
the alleged infringer.
RIAA Verizon Dispute. The Recording Industry Association of America
(RIAA) alleges that a Verizon user has used Verizon's network to download
copyrighted songs with peer to peer file copying software provided by Kazaa.
The RIAA possesses only Internet Protocol (IP) number information on
infringers. Verizon possesses information that would associate subscriber
information with IP number information. That is, obtaining Verizon's information
would enable the RIAA, or its members, to file complaints alleging infringement
against the individual infringers.
The RIAA obtained a subpoena pursuant to § 512(h), and served it upon
Verizon. Verizon refused to comply. It argued that the § 512(h) subpoena power
applies only if the infringed material is stored or controlled on the service
provider's system or network under 512(c). Verizon moved to quash the subpoena.
The RIAA brought this action to enforce its subpoenas. See also,
TLJ story
titled "Verizon and Privacy Groups Oppose RIAA Subpoena", August 30, 2002.
Previous District Court Ruling. The District Court rejected this construction of the statute in its
opinion of January 21, 2003. It held that copyright holders can obtain
subpoenas pursuant to
17 U.S.C. § 512(h)
that require Internet Service Providers (ISPs) to reveal the identities of their
customers who infringe copyrights on peer to peer filing sharing systems.
See also, TLJ
story titled "District Court Rules DMCA Subpoenas Available for P2P
Infringers", January 21, 2003.
DOJ Brief. The issues addressed by the DOJ's current brief are whether Article III
authorizes federal courts to issue binding judicial process outside a pending
case or controversy, and whether § 512(h) of the DMCA violates the First
Amendment because it does not provide adequate procedures for the protection of
the expressive and associational interests of Internet users and because it is
substantially overbroad in its potential applications.
The DOJ brief, which was written by Theodore Hirt and John Zacharia, states
that "nothing in Article III of the Constitution precludes Congress from
authorizing the clerk of a federal ``Article
III´´ court from issuing a subpoena unless a
case is actually ``pending´´ in an Article III court. In fact, Congress has
repeatedly exercised its authority to direct federal district court clerks to
issue subpoenas on behalf of private parties involved in controversies before
non-Article III tribunals, such as private parties litigating a patent
interference claim before the Patent and Trademark Office." The brief also
states that the Congress has previously authorized pre-litigation discovery
under the Federal Rules of Civil Procedure.
Also, the DOJ brief argues that a § 512(h) subpoena "does not violate Article
III because it expressly relates to a cognizable Article III controversy (a
potential copyright infringement action), over which federal courts have
exclusive jurisdiction." (Parentheses in original.) Moreover, "it relates to the
Article III controversy between a copyright holder and an Internet service
provider (``ISP´´) over the copyright holder's statutory right to certain
information."
The DOJ brief also rejects Verizon's First Amendment arguments on the basis
that nothing in § 512(h) proscribes speech or other expression. It argues that
"Here, it is manifest that the DMCA's subpoena
provision targets the identity of alleged copyright infringers, not spoken words
or conduct commonly associated with expression."
Reaction. Matthew Oppenheim, SVP for Business and Legal Affairs at
the RIAA, stated in
a release that "The government's filing today supports the proposition that we
have long advocated -- copyright owners' have a clear and unambiguous
entitlement to determine who is infringing their copyrights online, and that
entitlement passes Constitutional muster. Verizon's persistent efforts to
protect copyright thieves on pirate peer-to-peer networks will not succeed."
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EPIC Asserts Amazon Product Reviews Violate
COPPA |
4/22. The Electronic Privacy Information
Center (EPIC), and other groups, submitted a
complaint
to the Federal Trade Commission (FTC) alleging
that Amazon has violated the Children's Online
Privacy Protection Act (COPPA). The COPPA, which is codified at
15 U.S.C. § 6501
through § 6506, assigns authority to promulgate regulations, and enforcement
authority, to the FTC. The COPPA, and FTC rules, bar the operators of web sites
that are targeted at children from collecting personally identifiable information
from children under 13 without parental consent.
The complaint asserts that Amazon is targeted at children. The information
collected by Amazon that the complaint alleges violates the statute is online product
reviews that are authored by children.
The complaint requests that the FTC conduct an investigation, and order
Amazon to delete information, destroy records, and comply with the COPPA.
The EPIC and others will hold a press teleconference at 11:00 AM on Tuesday,
April 22, to announce and discuss this complaint. See,
calendar.
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E-Government Act Goes Into Effect |
4/17. The Office of Management and Budget (OMB)
announced the launch of the Office of Electronic Government, which was created
by the "E-Government Act of 2002," which became effective on April 17.
It is Public Law 107-347. It was enacted by the Congress in 2002 as
HR 2458
(107th), and signed by the President on December 17, 2002.
The E-Government Act is intended to create a comprehensive
framework for security and privacy, and expand the use of the Internet to
deliver services. Mark Forman is the Administrator of E-Government and
Information Technology at OMB. See also,
OMB release [1
pages in PDF], and the Bush administration's
E-Government
Strategy [41 pages in PDF].
Rep. Adam Putnam (R-FL), Chairman
the House Government Reform Committee's
Subcommittee on Technology, Information Policy, Intergovernmental Relations and
the Census, issued a release in which he praised the OMB, and stated that "
Improving the efficiency, productivity and effectiveness
of government through the utilization of technology is one of my top priorities
as Chairman of the Subcommittee ... We will continue to conduct oversight
hearings on key e-Government initiatives in order to identify challenges and
impediments to successful implementation of this project in an effort to effect
prompt resolution".
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Supreme Court News |
4/21. The Supreme Court granted,
without opinion,
a petition for writ of certiorari in DeKalb Genetics v. Bayer CropScience,
No. 02-130. The Court wrote, "The petition for a writ of certiorari is granted.
The judgment is vacated and the case is remanded to the United States Court of
Appeals for the Federal Circuit for further consideration in light of State Farm
v. Campbell, 538 U.S. ___ (2003)." The Court also granted certiorari, vacated,
and remanded in four other cases in light of State Farm v. Campbell. See,
Order
List [17 pages in PDF] at page 1. On April 7, 2003, the
Supreme Court issued
its opinion
[35 pages in PDF] in State
Farm v. Campbell,
holding that an award of $145 Million in punitive damages, based on an award of
$1 Million in compensatory
damages, is excessive and violates the due process and equal
protection clauses. In DeKalb Genetics v. Bayer CropScience, a patent and fraud
case, the jury awarded $65 Million in damages, $50 Million of which were punitive damages.
4/21. The Supreme Court denied
certiorari, without opinion, in Time Warner Entertainment v. Six Flags Over
Georgia, No. 02-978. See,
Order
List [17 pages in PDF] at page 5. This lets stand an award of $197.3 Million
in compensatory damages and $257 Million in punitive damages against TWE in this
breach of fiduciary duty case. See also, Time Warner Entertainment v. Six Flags
Over Georgia, 245 Ga. App.334, 537 S.E.2d 397 (2000).
4/21. The Supreme Court denied
certiorari, without opinion, in CECG v. Magic Software Enterprises, No.
02-1219. See,
Order
List [17 pages in PDF] at page 5. This case involves a contract dispute
regarding the sale and licensing of a computer software program. See, October 8,
2002 opinion
[14 pages in PDF] of the U.S. Court of
Appeals (3rdCir).
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People and Appointments |
4/21. Howard Schmidt announced that he will resign from his position
as cyber security advisor to the Bush administration. The
Information Technology Association of America
(ITAA) took the occasion to praise Schmidt's work, and to urge the President to
appoint a "cyber czar". See,
ITAA
release.
4/16. Nuala Kelly
was named Privacy Officer at the Department
of Homeland Security
(DHS). She is currently Chief Counsel for Technology at the Department of
Commerce's (DOC) Technology Administration.
She previously worked at Double
Click as the VP for Data Protection and Chief Privacy Officer. She has also
worked at the law firms of Sidley Austin and
Hudson Cook. See also,
statement by Secretary of Commerce Don Evans. Section 222 of the Homeland
Security Act, which was enacted by the Congress last year as
HR 5005
(107th), creates the position of Privacy Officer, and its responsibilities. It
states that the responsibilities include "(1) assuring that the use of
technologies sustain, and do not erode, privacy protections relating to the use,
collection, and disclosure of personal information; (2) assuring that personal
information contained in Privacy Act systems of records is handled in full
compliance with fair information practices as set out in the Privacy Act of
1974; (3) evaluating legislative and regulatory proposals involving collection,
use, and disclosure of personal information by the Federal Government; (4)
conducting a privacy impact assessment of proposed rules of the Department or
that of the Department on the privacy of personal information, including the
type of personal information collected and the number of people affected; and
(5) preparing a report to Congress ..."
4/17. Intel announced the retirement of
Leslie Vadasz,
effective June 1. He is currently EVP of Intel and President of Intel Capital.
Intel named
John Miner,
an Intel VP, President of Intel Capital. See,
Intel
release.
4/17. President Bush announced his intent to appoint Charles Kruse,
Steven McCormick,
Kevin Rollins,
and Robert Wright to be Members of the Advisory Committee for Trade
Policy and Negotiations (ACTPN) for two year terms. See,
White
House release. Rollins is P/COO of Dell
Computers. McCormick is P/CEO of the Nature
Conservancy. Kruse is President of the
Missouri Farm Bureau.
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More News |
4/21. The Federal Trade Commission (FTC)
announced that it will hold a public workshop on June 18, 2003, on the costs and
benefits to consumers and businesses of the collection and use of consumer
information. May 9 is the deadline to submit requests to the FTC to participate
as panelists. See,
FTC release.
4/21. The Copyright Office (CO)
published a
notice of proposed rulemaking in the Federal Register. The CO wrote that the
proposed rules would "govern SoundExchange,
an unincorporated division of the
Recording Industry Association of America, Inc.,
when it functions as the
designated agent for the purpose of receiving royalty payments and statements of
accounts from nonexempt subscription digital transmission services which make
digital transmissions of sound recordings under a statutory license." Public
comments are due by May 21, 2003. See, Federal Register, April 21, 2003, Vol.
68, No. 76, at Pages 19482 - 19485.
4/17. The Federal Communications Commission
(FCC) released a
Memorandum Opinion and Order [17 pages in PDF] in which it granted in part,
and denied in part, complaints brought by Core Communications and
Z-Tel
Communications against SBC Communications and
its incumbent local exchange carrier (ILEC) subsidiaries. Core and Z-Tel
alleged that they purchased access to the shared
transport unbundled network element (UNE) from SBC and its subsidiaries, but that they
refused to allow Core and Z-Tel to use that UNE to transport intraLATA toll
traffic. The FCC found that SBC violated the SBC Ameritech Merger Order
and Section 251.
See also, FCC
release and
statement [PDF] of Commissioner
Kathleen Abernathy
regarding FCC jurisdiction.
4/15. The Federal Trade Commission (FTC)
filed a civil
complaint [7 pages in PDF] in U.S.
District Court (NDIll) against Brian D. Westby alleging violation of the
Federal Trade Commission Act in connection with his sending false and misleading
bulk unsolicited e-mail to promote his pormography business. The complaint
alleges that his e-mails contained misleading subject lines and false return
addresses. The FTC seeks injunctive relief and disgorgement of ill gotten gains.
The FTC also filed a motion for a temporary restraining order, and a
memorandum in support
[PDF].
4/16. Federal Communications Commission
(FCC) Chairman Michael Powell
wrote
letters to several members of Congress regarding the FCC's biennial review
of its media ownership regulations. Powell's letter responds to letters
[in PDF] that he received from
Sen. Olympia Snowe (R-ME),
Sen. John Sununu (R-NH),
Sen. Sam Brownback (R-KS),
Rep. Cliff Stearns (R-FL),
Sen. Olympia Snowe (R-ME),
Rep. Fred Upton (R-MI),
Sen. John McCain (R-AZ), and
Sen. Don Nickels (R-OK). Powell discussed the FCC's "present course toward
completing this proceeding by early June 2003, without an additional, and
unprecedented, notice and comment period."
4/16. Rep. Billy Tauzin (R-LA),
the Chairman of the House Commerce
Committee, stated in a release that "I am pleased that Chairman Powell is
listening to both Congress and the courts in regard to the broadcast ownership
rules currently governing the mass media marketplace. Congress, in the Telecom
Act of 1996, and the courts, in recent decisions, have told the FCC that it must
justify its rules if they are to continue. I sincerely hope that Chairman
Powell's colleagues will follow the law and work with him to reject calls to
delay the process. This omnibus rulemaking is not an option -- it is an
obligation. The FCC has compiled the most extensive record on ownership rules in
the agency's history. It should be commended. The FCC has within its reach the
tools necessary to get this proceeding done and, most importantly, to get it
done right."
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FCC Announces Agenda for April 23 Meeting |
4/16. The Federal Communications Commission
(FCC) announced the agenda of its Wednesday, April 23, meeting. See,
FCC
release [PDF].
The FCC will consider a Memorandum Opinion and Order (MOO) and Third Report
and Order concerning eligibility, licensing and service rules for the 4.9 GHz
band. This is WT Docket No. 00-32.
The FCC will consider a Notice of Inquiry (NOI) concerning broadband over
power line systems that would operate on an unlicensed basis under Part 15 of
FCC rules.
The FCC will consider a Second Report and Order and Further Notice of Proposed
Rulemaking concerning the universal service support mechanism for schools and
libraries. This is CC Docket No. 02-6.
The FCC will consider a Fourth Memorandum Opinion and Order in its proceeding
titled "Amendment of Parts 2 and 25
of the Commission's Rules to Permit Operation of NGSO FSS Systems Co-Frequency
with GSO and Terrestrial Systems in the Ku-Band Frequency Range; Amendment of
the Commission's Rules to Authorize Subsidiary Terrestrial Use of the 12.2-12.7
GHz Band by Direct Broadcast Satellite Licensees and Their Affiliates; and
Applications of Broadwave USA, PDC Broadband Corporation, and Satellite
Receivers, Ltd. to Provide a Fixed Service in the 12.2-12.7 GHz Band". This is ET Docket
No. 98-206.
Finally, the FCC will consider a First Report and Order concerning whether,
and if so, how to reform the procedures for considering satellite license
applications. This is IB Docket No. 02-34 and IB Docket No. 02-54.
The meeting will be held at 9:30 AM at the FCC, Room TW-C305, 445 12th
Street, SW. The meeting will be webcast by the FCC.
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Tuesday, April 22 |
Day two of a two day conference hosted by the
American Enterprise Institute (AEI) titled "The
New Antitrust Paradox: Policy Proliferation
in the Global Economy". The speakers will include William Kovacic (Federal
Trade Commission) and Judge Richard Posner (U.S. Court of Appeals for the 7th
Circuit). See,
notice. Location: AEI, 12th Floor, 1150 17th Street, NW.
11:00 AM. The Electronic Privacy
Information Center (EPIC) and other groups will hold a press
teleconference to announce the submission of a complaint to the
Federal Trade Commission (FTC) alleging that
an internet retailer has violated the Children's Online Privacy Protection Act
(COPPA). The COPPA is codified at
15 U.S.C. § 6501
through § 6506. To participate, dial 512 225-3050, then enter access code of
65889 followed by pound sign (#). For more information, contact Chris
Hoofnagle at 202 483-1140 ext. 208 or
chris@epic.org.
12:15 PM. The Federal Communications Bar Association's
(FCBA) Mass Media Practice Committee will host a brown bag lunch. The speakers
will be David Solomon, Linda
Blair, Lisa Fowlkes, Maureen Del Duca, and Bill Freedman. Location: NAB, 1771
N Street, NW.
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Wednesday, April 23 |
8:45 AM - 6:30 PM. The U.S. Chamber of
Commerce will host a conference titled "Critical Infrastructure and
Homeland Security: Public Policy Implications for Business". See,
notice,
agenda, and
online
registration pages. The prices to attend range from $500 to $650.
Location: 1615 H Street, NW.
9:00 AM. Day one of a two day meeting of the Department of Commerce's
(DOC) Bureau of Industry and Standards'
(BIS) Information Systems Technical Advisory Committee (ISTAC). The meeting
will be partly open, and partly closed. The agenda includes discussion of
ultrawideband technologies. See,
notice in the April 3, 2003, Vol. 68, No. 64, at Page 16262. Location:
DOC, Hoover Building, Room 3884, 14th Street between Pennsylvania and
Constitution Avenues, NW.
9:00 AM - 12:00 NOON. The Council for
Excellence in Government (CEG) and the
Center for Democracy and Technology (CDT) will host a meeting on
federal government agency privacy practices. The participants will include
Nuala Kelly (Chief
Privacy Officer of the DHS), Kevin Landy
(Minority Counsel, Senate Committee on Governmental Affairs), David McClure (CEG),
Patricia McGinnis (CEG), Ari Schwartz (CDT), Zoe Strickland (Chief Privacy
Officer, USPS), Peter Swire (Ohio
State University). For more information contact Ari Schwartz at 202 637 9800
or ari@cdt.org. RSVP to
egov@excelgov.org. Location: The Pierce
Room, Willard Hotel, 1401 Pennsylvania Ave., NW.
9:30 AM. The Federal Communications
Commission (FCC) will hold a meeting. See,
agenda [PDF]. The event will be webcast. Location: FCC, 445 12th Street, SW,
Room TW-C05 (Commission Meeting Room).
10:00 AM - 2:00 PM. The the
National
Industrial Security Program Policy Advisory Committee (NISPPAC) of the
Information Security
Oversight Office (ISOO) will hold a meeting. The ISOO is responsible for
policy oversight of the Government wide security classification system. The
NISPPAC was created on January 8, 1993 by Section 103 of
Executive Order 12829. For more information, contact ISOO Director William
Leonard at 202 219-5250. See,
notice in the Federal Register, March 19, 2003, Vol. 68, No. 53, at Pages
13334 - 13335. Location: Room 105, National Archives and Records
Administration, 700 Pennsylvania Ave., NW.
12:15 PM. The Federal Communications Bar Association's
(FCBA) Common Carrier Practice Committee will host a brown bag lunch. The
speakers will be the chief and deputies of the FCC's Telecommunications Access
Policy Division. For more information, contact Matt Brill at
mbrill@fcc.gov. Location: Qwest, 1020 19th
St., NW, Suite 700.
Deadline to submit comments to the Federal Trade Commission
(FTC) regarding the role of technology in helping consumers and businesses protect
the privacy of personal information, including the steps taken to keep their
information secure. The FTC stated that "Especially useful are any studies,
surveys, research, and empirical data". The FTC will hold a workshop titled
"The Consumer Experience" on May 14, and another workshop titled "The Business
Experience" on June 4. See, FTC
release.
Deadline to submit applications to the
National Telecommunications and Information Administration (NTIA) for
grants under the Technology
Opportunities Program (TOP). See,
NTIA
release and
notice in the Federal Register, March 17, 2003, Vol. 68, No. 51, at Pages
12678 - 12683.
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Thursday, April 24 |
9:00 AM. Day two of a two day meeting of the Department of Commerce's
(DOC) Bureau of Industry and Standards'
(BIS) Information Systems Technical Advisory Committee (ISTAC). The meeting
will be partly open, and partly closed. The agenda includes discussion of
ultrawideband technologies. See,
notice in the April 3, 2003, Vol. 68, No. 64, at Page 16262. Location:
DOC, Hoover Building, Room 3884, 14th Street between Pennsylvania and
Constitution Avenues, NW.
9:30 AM. The U.S. Court of Appeals (DCCir)
will hear oral argument in OCC Acquis Inc v. FCC, No. 01-1143. Judges
Ginsburg, Henderson and Randolph will preside. Location: 333 Constitution Ave.
NW.
9:30 AM. The U.S. International Trade
Commission (USITC) will hold a hearing in its economic effects
investigation titled "U.S. Singapore Free Trade Agreement: Potential
Economywide and Selected Sectoral Effects". This is Inv. No. TA-2104-6.
Location: Main Hearing Room, USITC Building, 500 E Street SW.
12:00 NOON - 1:45 PM. The Legislation Committee of the DC Bar Association's
Intellectual Property Law Section will host a luncheon program titled "Copyright
Legislative Agenda". The speakers will be Robert Kasunic (Copyright
Office), Arthur Sackler (International Intellectual Property Institute), Gigi
Sohn (Public Knowledge), and Kate Colgan (National Writers Union). The price to attend ranges from $25 to $35. For more
information, call 202 626-3463. Location: D.C. Bar
Conference Center, 1250 H Street NW, B-1 Level.
12:00 NOON - 1:30 PM. DC Bar Association's Computer and Telecommunications
Law and Law Office Management Sections will host a brown bag lunch titled "The E-Mauled: Managing Clients, Confidences, and Communications in the
Electronic Age". The speaker will be Jeffrey Berger. The price to attend
ranges from $15 to $20. Location: DC Bar Conference Center, 1250 H Street NW,
B-1 Level.
2:00 - 4:15 PM. The law firm of
McGuire Woods and the Richmond Bar
Association will host a panel discussion titled "2003 Antitrust Forum".
The panelists will include Deborah Majoras (Deputy Assistant Attorney
General, Antitrust Division, Department of Justice), Joe Simons
(Director of the Federal Trade Commission's Bureau of Competition), and
James Donahue (Vice Chair of the National Association of Attorneys
General, Multistate Antitrust Task Force). See,
notice. The event is free. For more information, contact Doris Cole at 804
775-7741 or dcole@mcguirewoods.com.
Location: Omni Richmond Hotel, 100 South 12th Street, Richmond, VA.
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Friday, April 25 |
8:00 AM - 3:30 PM. The National Science
Foundation's (NSF) Advisory Committee for Computer and Information Science
and Engineering will hold a meeting. For more information, contact Gwen Blount
at 703 292-8900. See,
notice in the Federal Register, March 24, 2003, Vol. 68, No. 56, at Page
14264. Location: NSF, 4201 Wilson Blvd., Room 1235, Arlington, VA.
9:00 AM - 4:30 PM. The Federal
Communications Commission's (FCC) Consumer
Advisory Committee (CAC) will hold a meeting. See,
FCC release [PDF] and
notice in the Federal Register, April 4, 2003, Vol. 68, No. 65, at Pages
16513 - 16515. Location: FCC, Room TW-C305, 445 12th Street, SW.
9:00 - 10:30 AM. The Center
for Progressive Regulation (CPR) will host a program titled "Democracy
Dies Behind Closed Doors: The Homeland Security Act and Government Secrecy
Initiatives". The speakers will include
Rena Steinzor (University of Maryland School of
Law), and
David Vladeck (Georgetown
University Law Center). A CPR
notice states
that "Credentialed congressional staff and credentialed media are invited to
attend. A light breakfast will be served." Location: Room 2247, Rayburn
Building.
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Monday, April 28 |
9:00 AM - 5:00 PM. The Federal Communications
Bar Association (FCBA) will host a continuing legal education (CLE) program titled
"Enforcement". The price to attend ranges from $180 to $250. Location:
Wiley Rein & Fielding, 1750 K St., 10th
Floor, Washington DC.
12:00 NOON - 1:45 PM. The Trade Secrets Committee of the DC Bar Association's
Intellectual Property Law Section will host a luncheon program titled "Enforcement
and Protection of Intellectual Property Rights: Federal Prosecution in the
Eastern District of Virginia". The speaker will be Jack Hanly, Chief of
the Cybercrime Unit in the U.S. Attorneys Office in Alexandria, VA. The price to
attend ranges from $25 to $35. For more information, call 202 626-3463. Location: D.C. Bar
Conference Center, 1250 H Street NW, B-1 Level.
Day one of a two day convention hosted by the
National Association of Regulatory Utility
Commissioners (NARUC) and the National
Exchange Carriers Association (NECA) titled "Second NARUC/NECA National
Summit on Broadband Deployment: Accelerating the Transition". At 8:30 AM,
Assistant Secretary of Commerce for Technology Policy Bruce Mehlman is
scheduled to speak. At 12:15 PM, FCC Chairman
Michael Powell is
scheduled to deliver the luncheon keynote address. At 5:00 PM, Sen. Conrad
Burns (R-MT) is scheduled to speak. See,
agenda
[PDF]. The price to attend ranges from $495 to $795. Location: Hyatt Regency
Crystal City, 2729 Jefferson Davis Highway, Arlington, VA.
Deadline to submit reply comments to the Federal
Communications Commission (FCC) in response to its Further Notice of Proposed
Rulemaking (FNPRM) regarding a proposed set of rules pertaining to "plug and
play" cable compatibility. On December 19, 2002, fourteen consumer electronics
companies and seven cable operators announced
that they have entered into a Memorandum of Understanding (MOU) regarding a
national plug and play standard between digital television (DTV) products and
digital cable systems. See, document
[78 pages in PDF] consisting of the MOU, proposed rules to be promulgated by the
FCC, and a letter to FCC Chairman
Michael
Powell and others. See also, FCC
release [MS Word] of January 7 announcing the FNPRM, and
notice in the Federal Register, January 16, 2003, Vol. 68, No. 11, at
Pages 2278 - 2283. This is CS Docket
97-80, and PP Docket 00-67. For more information, contact Susan Mort in the FCC's
Media Bureau at
202 418-7200 or smort@fcc.gov.
Deadline to submit reply comments to the
Federal Communications Commission (FCC) in response to its Notice of
Proposed Rulemaking (NPRM) regarding on how to use the reallocated Mobile
Satellite Service (MSS) spectrum as well as other bands previously proposed
for Advanced Wireless Service (AWS) use, the relocation of the Multipoint
Distribution Service (MDS), and additional flexibility for the Unlicensed
Personal Communications Service (UPCS) band spectrum. This is ET Docket 00-258
and IB Docket No. 99-81. See,
notice in the Federal Register, March 13, 2003, Vol. 68, No. 49, at Pages
12015 - 12020.
Day one of a two day conference titled "2003 Great Lakes Symposium on
VLSI". The theme of this year's conference "VLSI in the Nanometer Era". VLSI
refers to very large scale integration in microprocessors. See,
conference website. Location:
Radisson Barcelo Hotel, 2121 P Street NW.
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