Supreme Court Denies Cert in Case Involving
Personal Jurisdiction in Internet Defamation Suit |
5/19. The Supreme Court denied certiorari,
without opinion, in Young
v. New Haven Advocate,
a case involving whether a court has jurisdiction over out of state newspapers
in a defamation case based upon their publication on the web.
See,
Order List [18 pages in PDF], at page 5. This is at least the second time
this year that the Supreme Court has refused to take a defamation case involving personal
jurisdiction based upon internet activity.
On December 13, 2002, the
U.S. Court of Appeals (4thCir) issued
its opinion
[12 pages in PDF] in
Young
v. New Haven Advocate, holding that a court
in Virginia does not have jurisdiction over two small newspapers, and their
editors and reporters, located in Connecticut, who wrote allegedly defamatory
stories about a Virginia prison warden and published them on the internet. The
Court held that the web publication did not establish minimum contacts because
the newspapers are not directed at a Virginia audience. See also,
TLJ story
titled "4th Circuit Rules in Internet Jurisdiction Case", December 13, 2002.
On April 28, 2003, the Supreme Court
denied certiorari, without opinion, in Healthgrades.com v. Northwest
Healthcare Alliance. This denial let stand an
opinion of the U.S. Court of Appeals
(9thCir) holding that the U.S.
District Court (WDWash) has personal jurisdiction over an out of state
defendant in defamation case, based solely upon publication of its allegedly
defamatory statements in its internet web site. See,
TLJ story
titled "Supreme Court Denies Certiorari in Internet Jurisdiction Case", April
28, 2003.
The lower courts, and foreign courts, have issued many opinions in the last
few years in defamation cases. These opinions leave considerable uncertainty as
to when a court has personal jurisdiction over a distant defendant, whose
internet based conduct serves as the basis for the claim, and personal
jurisdiction.
There is also the December 31, 2002
opinion
[20 pages in PDF] of the U.S. Court of
Appeals (5thCir) in Revell v. Lidov, another internet defamation
case. The plaintiff, a resident of Texas, brought suit in Texas against a
Harvard (Massachusetts) professor and Columbia University (New York) for an
article that the professor published on a Columbia bulletin board. The Appeals
Court held that the Texas court lacked personal jurisdiction over the
defendants.
In addition to these recent U.S. cases, there is the December 10, 2002 opinion
of the
High Court of Australia in
Dow Jones v. Gutnick,
another defamation case.
The Australian Court wrote in the Gutnick case that "defamation is to be
located at the place where the damage to reputation occurs. ... In the case of
material on the World Wide Web, it is not available in comprehensible form until
downloaded on to the computer of a person who has used a web browser to pull the
material from the web server. It is where that person downloads the material
that the damage to reputation may be done. Ordinarily then, that will be the
place where the tort of defamation is committed." See, story titled "High Court Rules Australia Has Jurisdiction Over Dow Jones
Based on Web Publication" in
TLJ Daily E-Mail
Alert No. 564, December 10, 2002.
Thus, in two of these quite recent defamation cases -- Young and Revell -- the
courts found that there was no jurisdiction in the forum of the defamed party,
while in two other cases -- Healthgrades and Dow Jones -- the
courts found jurisdiction in the forum of the defamed party.
And, of course, these cases all deal only with personal jurisdiction when the
claim is defamation. The nature of the jurisdictional analysis is different for
different types of claims.
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Supreme Court Denies Cert in Patent Case
Involving On Sale Bar |
5/19. The Supreme Court denied certiorari, without opinion, in Micrel
v. Linear Technology, a patent infringement case involving the on sale
bar. See,
Order
List [18 pages in PDF], at page 15. This is Supreme Court No. 02-39.
Linear Technology filed a complaint
in U.S. District Court (NDCal) against
Micrel alleging infringement of
U.S. Patent No. 4,755,741, which pertains to adaptive transistor drive
circuitry used in telecommunications, cell phones and computers. The District
Court held the patent invalid due to the on-sale bar.
35 U.S.C. § 102(b)
provides that "A person shall be entitled to a patent unless ... (b) the
invention was patented or described in a printed publication in this or a
foreign country or in public use or on sale in this country, more than one year
prior to the date of the application for patent in the United States". On
December 28, 2001, the
U.S. Court of Appeals (FedCir) issued its
opinion reversing the District Court.
On October 15, 2002, the Supreme Court invited the
Office of the Solicitor
General (OSG) to submit a brief. The OSG submitted a
brief arguing that the Appeals Court opinion "does not mark any significant
departure from prior Federal Circuit precedent, but rather is part of the
Federal Circuit's ongoing effort to clarify the law relevant to Section 102(b)'s
on-sale bar. Further review by this Court is not warranted." The Supreme
Court's denial of certiorari is consistent with the recommendation of the OSG.
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Supreme Court Denies Cert in Pay Phone
Antitrust Case |
5/19. The Supreme Court denied certiorari, without opinion, in
Southwestern
Bell v. Telecor Communications, an antitrust action brought by independent pay
phone service providers against an incumbent local exchange carrier. See,
Order
List [18 pages in PDF], at page 3. This is Supreme Court No. 02-1171.
On September 10, 2002, the
U.S. Court of Appeals (10thCir) issued
its split
opinion in
Telecor Communications v. Southwestern Bell, a
private antitrust case involving definition of the relevant market, application
of the Noerr Pennington doctrine, and application of the state action and
exclusive jurisdiction doctrines. After several pretrial orders, and a jury
trial, plaintiffs were awarded $20 Million. The Appeals Court affirmed.
See also, story titled "10th Circuit Rules in Private Telecom Antitrust Case"
in TLJ Daily E-Mail
Alert No. 506, September 11, 2002.
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More Supreme Court News |
5/19. The Supreme Court denied certiorari,
without opinion, in Grace Consulting v. Dun & Bradstreet, a
software copyright and misappropriation of trade secrets case. See,
Order List [18 pages in PDF], at page 3. This is Supreme Court No. 02-1307.
The U.S. Court of Appeals (3rdCir)
issued its opinion
on September 24, 2002.
5/19. The Supreme Court denied certiorari, without opinion, in Mirror
Image Internet v. Parfi Holding AB. See,
Order
List [18 pages in PDF], at page 4. This is Supreme Court No. 02-1320. On
November 4, 2002, the Supreme Court of Delaware issued its
opinion [20
page PDF scan] holding that contracting parties who provide for arbitration of
disputes in their agreements need submit to arbitration only those legal claims
that touch on the legal rights created by their contract.
5/19. The Supreme Court denied certiorari, without opinion, in Brittan
Communications v. Southwestern Bell, ... See,
Order
List [18 pages in PDF], at page 4. This is Supreme Court No. 02-1376. On
December 16, 2002, the
U.S. Court of Appeals (5thCir) issued
its split
opinion [16 pages in PDF] in Brittan Communications v. Southwestern Bell,
affirming the District Court's dismissal of a suit brought by a reseller of long
distance telephone service (Brittan) against an incumbent local exchange carrier
(Southwestern Bell) for suspending billing services. See, story titled "5th
Circuit Rules in Brittan v. Southwestern Bell" in
TLJ Daily E-Mail
Alert No. 569, December 17, 2002.
5/19. The Supreme Court will be
in recess from Monday, May 19, 2003, until Tuesday, May
27, 2003. See,
Order
List [18 pages in PDF], at page18
5/19. President and first lady Bush hosted a state dinner at the White House
for Philippines President Gloria Arroyo and Jose Arroyo. The guests included
Justice Sandra O'Connor and John O'Connor. Supreme Court Justices do not
frequently attend White House events. Various press accounts have carried rumors
and speculation that Justice O'Connor may retire at the close of the current
term.
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FCC Releases Text of FNPRM on Regulatory
Framework for Local Phone Companies Offering LD Service |
5/19. The Federal Communications Commission
(FCC) released its
Further Notice of Proposed Rulemaking (FNPRM) [32 pages in PDF] regarding
the regulatory framework for local phone companies offering long distance
service.
This item states that the FCC seeks "comment on
the appropriate classification of Bell Operating Companies' (BOCs) and incumbent
independent local exchange carriers' (independent LECs) provision of in-region,
interstate and international interexchange telecommunications services. We seek
comment on how changes to the competitive landscape within the interexchange
market should affect this classification and on what approach is appropriate for
BOCs and independent LECs, if and when these carriers may provide in-region,
interexchange services outside of a separate affiliate."
The FCC announced, but did not release, this FNPRM at its May 15, 2003
meeting. See also, May 15 FCC
release [3 pages in PDF] summarizing this FNPRM.
Public comments are due within 30 days after
publication in the Federal Register, and reply comments are due within 60 days
after publication in the Federal Register. As of the May 20 issue of the Federal
Register, no such notice has yet been published.
This proceeding is titled "In the Matter of Section 272(f)(1)
Sunset of the BOC Separate Affiliate and Related Requirements 2000 Biennial
Regulatory Review Separate Affiliate Requirements of Section 64.1903 of the
Commission’s Rules". The is WC Docket No. 02-112 and CC Docket No. 00-175. For
more information, contact Robert Tanner or Pam Megna at
rtanner@fcc.gov,
pmegna@fcc.gov or 202-418-1580.
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Adelstein Addresses Cognitive Radio
Technologies |
5/19. Federal
Communications Commission (FCC) Commissioner
Jonathan Adelstein delivered
remarks at the FCC's workshop on cognitive radio technologies. He stated
that "In dealing with spectrum, I believe the
Commission has a responsibility to establish ground rules for issues such as
interference and availability, but applying the rules with a light touch. In
this area, fortunately, we can rely heavily on technology, with engineering and
innovation driving increased performance, increased capacity, and more and
better services for consumers."
Adelstein (at right) added that "New
cognitive radio
technologies can potentially play a key role in shaping our spectrum use in the
future. These technologies can lead to the advent of smarter unlicensed devices
that make greater use of spectrum than possible today -- without interfering
with licensed users. Cognitive radios may also provide licensees with innovative
ways to use their current spectrum more efficiently, and to lease their spectrum
on the secondary market."
He also said that "cognitive radio technologies offer the
promise of helping us leave the world of command and control behind".
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More News |
5/19. Federal Communications Commission
(FCC) Chairman Michael Powell
announced in a
release
[PDF] that he intends to form a
federal advisory committee to assist the FCC "in formulating new ways to create
opportunities for minorities and women in the communications sector". He also
named Jane Mago, who is the Chief of the FCC's Office
of Strategic Planning and
Policy Analysis, to be the Designated Federal Official (DFO) from the FCC
responsible for the administration of the Committee, including calling all
meetings, approving meeting agendas and conducting all meetings.
5/20. On Tuesday, May 20, the House Financial
Services Committee will meet to mark up eight bills, including HR 2143, the
"Unlawful Internet Gambling Funding Prohibition Act". The meeting
may be continued to 10:00 AM on May 21. The HFSC already approved
HR 21,
a bill with the same title, on March 13, 2003. See, story titled "House Committee
Approves Internet Gambling Bill" in
TLJ Daily E-Mail
Alert No. 623, March 14, 2003. See also, story titled "Rep. Leach Introduces
Internet Gambling Bill" in
TLJ Daily E-Mail Alert No.
579, January 9, 2003. On May 14, the House
Judiciary Committee, which also has jurisdiction, amended and approved HR 21 by a
vote of 16-15.
5/20. The U.S. Patent and Trademark Office
(USPTO) published a
notice in the Federal Register requesting public comments regarding changes
needed to implement a Patent Cooperation Treaty (PCT) style Unity of Invention
standard in the U.S. The deadline to submit public comments is July 21, 2003.
See, Federal Register, May 20, 2003, Vol. 68, No. 97, at Pages 27536 - 27539.
For more information, contact Robert Clarke at 703 305-9177 or
robert.clarke@uspto.gov.
5/20. The Copyright Office (CO)
published a
notice in the Federal Register "requesting comment on proposed regulations
that set rates and terms for the use of sound recordings in eligible
nonsubscription transmissions and new
subscription services, other than transmissions made by certain noncommercial
entities, together with related ephemeral recordings. The rates and terms are
for the 2003 and 2004 statutory licensing period, except in the case of new
subscription services in which case the license period runs from 1998 through
2004." This notice also states that "The agreement published herein supersedes
the agreement published in the Federal Register on May 1, 2003, and parties
should only comment on the proposed rates and terms set forth in this notice."
Comments are due by June 19, 2003. See, Federal Register, May 20, 2003, Vol. 68,
No. 97, at Pages 27506 - 27513. See also,
superseded notice in the Federal Register, May 1, 2003, Vol. 68, No. 84, at
Pages 23241 - 23249. For more information, contact David Carson (CO General
Counsel) or Tanya Sandros (Senior Attorney, Copyright Arbitration Royalty Panel)
at 202 707-8380.
5/19. The Securities and Exchange Commission
(SEC) filed a proposed settlement with the
U.S. District Court (SDNY) in the
case SEC v. WorldCom. This proposed settlement provides for a
judgment requiring WorldCom to pay a civil penalty of $1,510,000,000; however,
due to WorldCom's bankruptcy, it would only have to pay $500,000,000. The
proposed settlement requires approval by both the District Court and the
Bankruptcy Court. See,
SEC release
and
MCI WorldCom release.
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1st Circuit Rules E-Rates Subsidies Owed By
USAC To Bankrupt Contractor Are Not Part of Estate |
5/19. The U.S.
Court of Appeals (1stCir) issued its
opinion in Springfield
v. Ostrander, a bankruptcy case involving e-rate subsidies.
Background. The City of Springfield
operates a public school system, including several high schools, one of which is
named Central High School. Springfield contracted with LAN Tamers to install a high speed
data network at Central High School for $1,096,180.28. It also contracted with
LAN Tamers to provide network maintenance services at several Springfield
schools. LAN Tamers performed its contractual obligations. Springfield paid LAN
Tamers.
Springfield also applied to the Federal Communications
Commission's (FCC) Universal
Service Administration Corporation (USAC) for reimbursement of most of the
amounts that it paid to LAN Tamers, pursuant to the e-rate subsidy program. The USAC
initially determined that these contracts were ineligible, but later reversed
itself. However, before the USAC made payment, LAN Tamers went into bankruptcy.
(David Ostrander, who lends his name to the case, is the trustee in bankruptcy.)
The e-rate program is essentially an FCC imposed tax on consumers of
telephone services. The FCC then appropriates these revenues to schools and libraries
to purchase
telecommunications services, internet access, and internal connections. But,
since only the Congress has authority to impose taxes, and appropriate funds,
the FCC, in form, operates this program under the rubric of universal service
support provisions of 47 U.S.C. § 254.
Under this form, funds are transferred from regulated service providers to other
service providers to accomplish universal service objectives.
Hence, in the present case, the USAC
collects funds from carriers (which pass on the cost to their customers), and
then
transfers funds to the other service providers (such as LAN Tamers, who in turn pass the funds
on to the schools). However, this form provides LAN Tamers' creditors with the
plausible argument that the funds that have not yet been transferred to LAN
Tamers (and on to Springfield) are assets of the bankrupt's estate, pursuant to
11 U.S.C. § 541.
The
creditors of LAN Tamers, of course, want these funds to satisfy debts owed to
them. And naturally, Springfield also wants the money from the USAC. Meanwhile,
the FCC faces a situation reminiscent of the NextWave case.
Proceedings Below. Springfield filed a complaint in U.S. Bankruptcy Court
(DMass) against LAN
Tamers, the USAC, and LAN Tamers' creditors seeking declaratory relief that
the reimbursement funds to be paid to LAN Tamers by the USAC for work performed on
Springfield's behalf are not property of the estate, but rather the property of
the Springfield.
The Bankruptcy Court issued its
Memorandum of Decision
on August 16, 2002. It held that "The ownership rights in the Reimbursements are
held by the City, not by the Debtor. Accordingly, the funds are available
neither as collateral for the Bank, nor as a source of funds for a distribution
to unsecured creditors. For the reasons set forth above, the Court holds that
the Reimbursements are not part of the Debtor's estate pursuant to § 541(d)."
The District Court affirmed. This appeal followed.
Appeals Court. The Appeals Court affirmed. Like the courts below, it
analyzed the e-rate program, and, in the final analysis, placed the substance of
the program above the form created by the FCC. While the money must be paid to
the service provider (LAN Tamers), this is in essence merely a pass through, and
hence, is not property of the estate pursuant to Section 541 of the Bankruptcy
Code.
This Court also wrote that the NextWave case is
distinguishable from the present case.
See also, Supreme Court
opinion
[34 pages in PDF], and
TLJ story
titled "Supreme Court Rules Against FCC in NextWave Case", January 27, 2003.
Postscript. The Springfield Public Schools
report
card for Central High School states that total enrollment for the 2002-2003
academic year was 1,817. The Appeals Court opinion states that the amount of the
contract between Springfield and LAN Tamers to install the network was
$1,096,180. This comes to $603.29 per student to wire the school for internet
access.
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Tuesday, May 20 |
The House will meet at 9:00 AM for morning hour and at 10:00 AM for
legislative business. It will consider several non tech related items under
suspension of the rules.
9:00 AM. The House Homeland
Security Committee's (HHSC) will hold a hearing to assess progress made by
the new Department of Homeland Security.
Secretary of Homeland Security
Tom Ridge
will testify. Location: Room 210, Cannon Building.
9:00 AM. Chris
Israel, of the Commerce Department's
Technology Administration, will speak at the
Young Entrepreneurs Leadership Network Conference on the significance of
technology, entrepreneurship and cooperation in a knowledge based economy.
Location: Organization of American States,
17th Street & Constitution Ave., NW.
10:00 AM. The House Financial
Services Committee will meet to mark up eight bills, including HR 2143,
the "Unlawful Internet Gambling Funding Prohibition Act". The meeting
may be continued to 10:00 AM on May 21. HR 2143 is seventh on the list.
Location: Room 2128, Rayburn Building.
RESCHEDULED FROM MAY 15. 2:00 PM. The
Senate Banking
Committee will hold a hearing to examine the
Fair Credit Reporting Act (FCRA) and issues presented by the re-authorization
of the expiring preemption provisions. Howard Beales, Director of the
Federal Trade Commission's (FTC) Bureau of
Consumer Protection, will testify. Location: Room 538, Dirksen Building.
6:00 - 8:15 PM. The Federal Communications
Bar Association
(FCBA) will host a continuing legal education (CLE) program titled "What
Every Communications Practitioner Should Know About Sarbanes Oxley and
Corporate Compliance". The speakers will include Tom Hickey (Assistant
General Counsel, Nextel), Barry Summer (Assistant Director, Division of
Corporation Finance, SEC), and Andrew Hruska (Office of the Deputy Attorney
General). Location: Dow Lohnes & Albertson, 1200 New Hampshire Avenue, NW,
Suite 800.
Deadline to submit reply comments to the Federal
Communications Commission (FCC) regarding AOL Time Warner's
petition [58 pages in PDF]
requesting relief from the FCC's January 22, 2001 Memorandum Opinion and Order
(MOO) approving the merger of AOL and Time Warner, and imposing conditions upon AOL
Time Warner regarding instant messaging services. Specifically, AOL Time Warner seeks
relief from the condition restricting its ability to offer internet users streaming
video advanced Instant Messaging based high speed services (AIHS) via AOL Time
Warner broadband facilities.
Deadline to submit requests to the U.S. Patent
and Trademark Office (USPTO) to present oral testimony at it May 30 hearing
regarding its notice of proposed rulemaking (NPRM) to amend its regulations to
implement the Madrid Protocol Implementation Act of 2002 (MPIA). See,
notice in the Federal Register, March 28, 2003, Vol. 68, No. 60, at Pages
15119 - 15138.
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Wednesday, May 21 |
The House will meet at 10:00 AM for legislative business. It is scheduled
to begin consideration of the defense authorization bill.
9:00 - 11:00 AM. The U.S. Patent and
Trademark Office (USPTO) and the U.S.
Copyright Office (CO) will hold a
meeting to discuss the preparation of a new text of the Hague Jurisdiction and
Enforcement of Judgments Convention. See,
notice. Location: USPTO, 2121 Crystal Drive, Crystal Park 2, Suite 902,
Arlington, VA.
9:00 AM. Bruce
Mehlman, of the Commerce Department's
Technology Administration, will speak on "Tech Transfer and Opportunities
for Future Commercialization" at the COMDEX Innovation Forum on Tech Transfer.
Location: Omni Shoreham Hotel, 2500 Calvert Street, NW.
9:30 AM. The Senate Commerce
Committee will hold a hearing on unsolicited bulk e-mail. Press contact:
Rebecca Hanks 202 224-2670 or Andy Davis at 202 224-6654. Location: Room 253,
Russell Building.
10:00 AM. The Senate Judiciary
Committee will hold a hearing on the nomination of
Hewitt Pate to be
Assistant Attorney General in charge of the Department of Justice's
Antitrust Division. Press contact:
Margarita Tapia at 202 224-5225. Location: Room
226, Dirksen Building.
10:00 AM. The Senate Banking
Committee will hold a hearing titled "National Export Strategy". The
witnesses will be Donald Evans (Secretary of Commerce), Philip Merrill
(President of the Export Import Bank of the United States), Thelma Askey
(Director of the U.S. Trade and Development Agency), Peter Watson (President of
the Overseas Private Investment Corporation), Hector Barreto (Administrator of
the Small Business Administration). See,
notice.
Location: Room 538, Dirksen Building.
10:00 AM - 1:00 PM. The NetChoice
Coalition and The New Republic (TNR) will
host a symposium on "Spam, Privacy and E-Commerce". The scheduled
speakers are Scott Shipman (eBay), Gary
Doernhoefer (Orbitz), Michael Mayor
(direct e-mail marketer), Ramsen Betfarhad (Majority Counsel,
House Commerce Committee),
Peter Filon (Minority Counsel, House Commerce Committee), Rob Courtney (Center for Democracy and Technology), and Jeff
Rosen (TNR). For More Information, contact Mark Blafkin at 202 331-2130 x104
or mblafkin@actonline.org.
Location: The Hall of States, 444 North Capitol, Room 383.
10:45 AM. Chris
Israel, of the Commerce Department's
Technology Administration, will participate in a panel at the
National Business
Incubator Association Annual Conference. He will also release two reports
titled "Business Incubation: Emerging Trends for Profitability and Economic
Development in the U.S., Central Asia, and the Middle East" and "A National
Benchmarking Analysis of Technology Business Incubator Performance and
Practices." Location: Richmond Marriot, Richmond, VA.
12:00 NOON. Rep. Sherwood
Boehlert (R-NY), the Chairman of the
House Science Committee (HSC),
will host a pen and pad briefing on HSC matters for reporters. Press contact:
Heidi Tringe at Heidi.Tringe
@mail.house.gov or 202 225-4275. Location: Room 2318, Rayburn Building.
12:00 NOON. The Federal Communications Bar
Association's (FCBA) Transactional Practice Committee will host a brown
bag lunch. The topics will include "the purposes of opinions within the
context of various transactions and typical regulatory opinion language". The
speakers will include
John
Quale (Skadden Arps) and James
Rogers (Latham & Watkins). RSVP to Margery
Singleton at 202 637-2200 or
margery.singleton @lw.com Location: Latham & Watkins, 555 11th Street, NW,
Suite 1000.
12:15 PM. The Federal Communications Bar
Association's (FCBA) Mass Media Practice Committee will host a brown bag
lunch titled "Getting Ready for Radio Station License Renewal". The speakers
will include Roy Stewart, Chief of the of the
Federal Communications Commission's (FCC)
Office of Broadcast Licence
Policy, and Peter Doyle, Chief of the FCC's
Audio Division. RSVP to Wendy Parish
at wendy@fcba.org. Location: NAB, 1771 N
St., NW, 1st Floor Conference Room.
2:00 PM. The House Homeland
Security Committee's (HHSC) Subcommittee on Cybersecurity, Science, and Research
& Development will hold a hearing titled "Homeland Security Science and
Technology: Preparing for the Future." The witnesses will include
Charles
McQueary, Under Secretary of the Department
of Homeland Security (DHS). The HHSC lists this hearing as scheduled for
2:00 PM, while the DHS lists it at 10:00 AM. Location: Room 2118, Rayburn Building.
6:00 - 8:00 PM. D.C. Bar Association's Intellectual Property Law Section
will host a continuing legal education (CLE) program titled "Recent
Developments in Technology Transfer with the Federal Government: Focus on
Intellectual Property". The speakers will be Paul Gottlieb (Assistant
General Counsel, Technology Transfer and Intellectual Property, Department of
Energy), Holly Svetz (Morrison & Foerster), and Richard Litman. The prices to
attend range from $70 to $90. Location: DC Bar Conference Center, 1250 H
Street NW, B-1 level.
Deadline to submit comments to the
Copyright Office (CO) in response to its
notice of proposed rules that 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." See, Federal Register, April 21, 2003,
Vol. 68, No. 76, at Pages 19482 - 19485.
Extended deadline to submit reply comments to the Federal
Communications Commission (FCC) in response to its
Notice of
Proposed Rulemaking (NPRM) [MS Word] titled "In the Matter of Second
Periodic Review of the Commission’s Rules and Policies Affecting the Conversion
To Digital Television". This is MB Docket No. 03-15, RM 9832, and MM Docket
Nos. 99-360, 00-167, and 00-168. See also,
FCC
release and
notice in the Federal Register, February 18, 2003, Vol. 68, No. 32, at
Pages 7737-7747. And see,
notice [PDF] extending deadlines.
Deadline to submit "white papers" to the
Office of Science and Technology Policy' (OSTP) High End Computing
Revitalization Task Force (HECRTF) regarding high end computing. See,
notice in the Federal Register, May 14, 2003, Vol. 68, No. 93, at Page
25888.
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Thursday, May 22 |
The House will meet at 10:00 AM for legislative business.
9:30 AM. The Senate Commerce
Committee will hold yet another hearing on media ownership. Press contact:
Rebecca Hanks 202 224-2670 or Andy Davis at 202 224-6654. Location: Room 253,
Russell Building.
10:00 AM. The Senate Indian Affairs Committee will hold a hearing on
telecommunications in Indian country. Location: Room 485, Russell Building.
2:00 PM. The Senate Judiciary
Committee will hold a hearing on several pending
judicial nominations, including Richard Wesley (Second Circuit), Ronnie Greer
(Eastern District of Tennessee), Thomas Hardiman (Western District of
Pennsylvania), Mark Kravitz (District of Connecticut), John Woodcock (District
of Maine). Press contact: Margarita Tapia at 202 224-5225. Location: Room
226, Dirksen Building.
2:30 PM. The Senate Commerce
Committee's Subcommittee on Communications will hold a hearing to examine
wireless broadband in rural areas. Location: Room 562, Dirksen Building.
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Friday, May 23 |
The House will meet at 9:00 AM for legislative business.
10:00 - 11:30 AM. The Federal Communications
Commission's (FCC) Media Security and Reliability Council will hold a
meeting. See,
notice in Federal Register: November 19, 2002, Vol. 67, No. 223, at Page
69742. For more information, contact Barbara Kreisman at 202-418-1600.
Location: FCC, 445 12th St. SW Room TW-C305.
Deadline to submit to the Department of
Commerce (DOC) nominations for award of the
National Medal of Technology.
See, nomination
guidelines and
notice in the Federal Register, February 14, 2003, Vol. 68, No. 31, at
Pages 7509.
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Monday, May 26 |
Memorial Day. The House and Senate will be in recess for the Memorial Day District
Work Period from May 26 through May 30.
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