11/02. The Federal Communications Commission (FCC) announced the agenda [PDF] for its meeting on Tuesday, November 9, 2004. The agenda includes Vonage's voice over internet protocol (VOIP) related petition for a declaratory ruling.

The FCC will consider Memorandum Opinion and Order regarding Vonage's Petition for Declaratory Ruling regarding its DigitalVoice service in the state of Minnesota. This is WC Docket No. 03-211.

Vonage seeks a ruling that its service is an "information service" and that federal policy preempts state action in this area. Vonage filed its petition on September 22, 2003. See, part 1, part 2, part 3, part 4, part 5, and part 6 [slow downloading PDF scans].

Vonage is also litigating this issue. On October 16, 2003, the U.S. District Court (DMinn) issued its Memorandum and Order [PDF] in Vonage v. Minnesota Public Utilities Commission, holding that Vonage is an information service provider, and that the MPUC cannot apply state laws that regulate telecommunications carriers to Vonage. The Court wrote that "State regulation would effectively decimate Congress's mandate that the Internet remain unfettered by regulation." See, story titled "District Court Holds that Vonage's VOIP is an Information Service" in TLJ Daily E-Mail Alert No. 760, October 17, 2003.

Michelle Carey, the Division Chief of the Wireline Competition Bureau's (WCB) Competition Policy Division, stated at an FCC event on September 29 that "this year" the WCB may "come up with an order on jurisdiction". See, story titled "FCC Officials Discuss VOIP Regulation" in TLJ Daily E-Mail Alert No. 988, October 1, 2004.

The FCC will also consider a Memorandum Opinion and Order regarding changes to its rules applicable to the 4.940-4.990 GHz Band. The FCC adopted (on April 23, 2003), and released (on May 2, 2003), a Memorandum Opinion and Order and Third Report and Order [50 pages in PDF] (FCC 03-99) establishing licensing and service rules for 4.940-4.990 GHz band.

The FCC issued a release [PDF] in 2003 in which it stated that the adopted rules "are intended to promote spectrum access for a variety of new broadband applications such as high-speed digital technologies and wireless local area networks for incident scene management, dispatch operations and vehicular operations. This action also promotes interoperability by providing a regulatory framework in which traditional public safety entities can pursue strategic partnerships with both traditional public safety entities, such as the Federal Government, and non-traditional public safety entities, such as utilities and commercial entities, in support of their missions regarding homeland security and protection of life and property."

This proceeding is titled "In the Matter of The 4.9 GHz Band Transferred from Federal Government Use" and numbered WT Docket No. 00-32.

The FCC will also consider a Report and Order regarding modifications to and extension of its Form 477 local competition and broadband data gathering program. This is WC Docket No. 04-141.

Finally, representatives of the FCC's International Bureau will present a report on the International Telecommunications Union's (ITU) World Telecommunication Standardization Assembly (WTSA), held on October 5, 2004.

The meeting will be at 9:30 AM on November 9 at the FCC in the Commission Meeting Room (TW-C305), 445 12th Street, SW. The meeting will be webcast by the FCC.

11/3. The Federal Communications Commission (FCC) released a Notice of Apparent Liability for Forfeiture (NAL) that proposes to fine ACR Electronics, Inc. $75,000 for violating the FCC's rules prohibiting the marketing to the general public of radio frequency devices without a disclaimer that they had not been certified by the FCC.

At issue is ACR's consumer products named Public Locator Beacon, or PLB. ACR asserted that it never marketed the products to the general public. However, it advertised in outdoor and sporting publications. The NAL states that "we find that ACR apparently willfully and repeatedly violated Section 302(b) of the Act and Section 2.803(a) of the Rules, by advertising the PLB-200 to the general public, prior to certification without the disclaimer notice required by Section 2.803(c)."

The FCC adopted this NAL on October 27, but released it on November 3, 2004. This NAL is FCC 04-259. See also, FCC release.

FCC Chairman Michael Powell addressed enforcement of the FCC's rules regarding RF devices in a speech [5 pages in PDF] on October 27, 2004. He addressed rules applicable to wireless internet service providers (WISPs). He stated that "I hear concerns from the WISP community that -- while it's not a significant number -- not everyone is playing by the rules -- that a few folks out there are using non-FCC certified equipment or are installing power amplifiers to boost their signals beyond allowable limits. Understand this directly from me -- we are fully committed to enforcing our technical rules."

11/3. Sen. Charles Grassley (R-IA), who won re-election to the Senate on November 2, 2004, and will continue as Chairman of the Senate Finance Committee, released a statement regarding his legislative agenda for the upcoming 109th Congress.

Sen. Grassley (at right) wrote about trade issues. He wrote that "Early next year, we expect to review a likely request by President Bush for the renewal of Trade Promotion Authority. It's set to expire next year and will be renewed automatically if the President requests it, unless Congress votes to disapprove it. I'm pleased with the trade agreements the President and Congress have advanced under Trade Promotion Authority."

Trade promotion authority (TPA), which is also known as fast track, generally gives the President authority to negotiate trade agreements which can only be voted up or down, but not amended, by the Congress. TPA strengthens the bargaining position of the President, and the U.S. Trade Representative (USTR), in trade negotiations with other nations. FTAs benefit technology companies that sell products and services abroad.

TPA was enacted in 2001 by passage of HR 3009, the "Andean Trade Preference Act", which also includes TPA. The House had previously passed an earlier version of TPA in HR 3005, the "Bipartisan Trade Promotion Authority Act of 2001". HR 3009 became Public Law No. 107-210.

Section 2103 of the Act provides that "the President -- (A) may enter into trade agreements with foreign countries before -- (i) June 1, 2005; or (ii) June 1, 2007, if trade authorities procedures are extended under subsection (c) ..." Subsection (c) provides, in part, that "If the President is of the opinion that the trade authorities procedures should be extended ... the President shall submit to the Congress, not later than March 1, 2005, a written report that contains a request for such extension ..."

Sen. Grassley also wrote that "we have to work out how to advance the Central American Free Trade Agreement, against some opposition from unions and sugar producers who oppose increased sugar imports".

Finally, he stated that "I also hope we’ll be able to open up world services and agricultural markets to U.S. exports through World Trade Organization negotiations. So far, we’ve taken full advantage of trade opportunities, and I’m confident we won’t let them wither on the vine."

11/3. Sen. Charles Grassley (R-IA) will continue as Chairman of the Senate Finance Committee in the 109th Congress. Sen. Max Baucus (D-MT) will continue as the ranking Democrat on the Committee.

Sen. Grassley wrote in a statement released on November 3, 2004 that "The bipartisan tradition will continue. Senator Baucus and I have worked together many times to move legislation forward, and I believe we’ll do that many more times. Even with the Republican gain of Senate seats, bipartisanship will still be the grease that keeps the legislative engine moving."

The Senate Finance Committee currently has 11 Republicans and 10 Democrats. Several members will not return for the 109th Congress. Sen. John Breaux (D-LA), Sen. Don Nickles (R-OK), and Sen. Bob Graham (D-FL) are retiring. Sen. Tom Daschle (D-SD) lost his race for re-election. This would bring the Committee down to 10 Republicans and 7 Democrats.

Sen. Grassley's press office issued a statement that the ratio is expected to become 11 Republicans and 9 Democrats, because the overall Republican majority in the Senate grew from 51 to 55. If this is the case, then one new Republican member will be appointed to the Committee, and two new Democratic members will be appointed.

Sen. Mike Crapo (R-ID), who won re-election in Idaho on November 2 with 99% of the vote, is next in line on Republican side for appointment to this Committee, based upon his seniority.

11/ 3. Two of the consequences of the elections for the 109th Congress are that several of the key proponents of free trade will not return in January, and there will be fewer free trade Democrats. These changes may be significant because the House was evenly divided on some trade issues, such as giving the President trade promotion authority (TPA).

In contrast, there is wider support in the Senate for free trade and TPA than in the House.

A key measure of the divide in the House is the roll call vote on December 6, 2001 on passage of HR 3005, the "Bipartisan Trade Promotion Authority Act of 2001". The House approved this bill by a vote of 215-214.

Moreover, the vote broke down largely on partisan lines. 194 Republicans voted for the bill, and 23 voted against. 21 Democrats voted for the bill, and 189 voted against. See, Roll Call No. 481 in 107th Congress.

Thus, while House Republicans have been overwhelmingly in favor trade promotion authority (TPA), and hence, the free trade agreements (FTAs) that follow from TPA, the minority of Democratic support can be essential for obtaining a majority in the House.

One of the consequences of the November 2 House elections is that some key supporters of free trade will not be present in the 109th Congress.

Rep. Cal Dooley (D-CA) (at right), who has been a leader and organizer of free trade Democrats, did not not run for re-election. Democrat Jim Costa won his seat by defeating Republican Roy Ashburn.

Moreover, several free trade Republicans who currently sit on the key Trade Subcommittee of the House Ways and Means Committee will not return. Rep. Phil Crane (R-IL), the Chairman of the Trade Subcommittee, narrowly lost to Democrat Melissa Bean in the Illinois 8th District. Rep. Amo Houghton (R-NY), whose New York District is home to many Corning workers, is another member of the Trade Subcommittee who is retiring.

Rep. Jennifer Dunn (R-WA), whose Washington District is home to many Microsoft workers, is also retiring. Republican Dave Reichert won her seat in Congress. However, he will not receive her seat and seniority on the Trade Subcommittee.

Another consequence of the November 2 House elections is that there will be fewer free trade Democrats. In addition to Rep. Dooley, several other free trade Democrats either did not run, or were defeated on November 2.

Rep. Brad Carson (D-OK), who voted for TPA, ran for the Senate seat being vacated by Sen. Don Nickles (R-OK), and lost to former Rep. Tom Coburn.

Rep. Chris John (D-LA), who voted for TPA, ran for the Senate seat being vacated by Sen. John Breaux (D-LA), and lost to Rep. David Vitter (R-LA).

Rep. Ken Lucas (D-KY), who voted for TPA, is retiring. His seat was won by Republican Geoff Davis.

Rep. Baron Hill (D-IN), who voted for TPA, lost his bid for re-election to Republican Mike Sodrel.

Rep. Charles Stenholm (D-TX), who voted for TPA, lost his bid for re-election. He was a victim of the Republican redistricting plan in Texas. Incumbent Rep. Randy Neugebauer (R-TX) won in the new 19th District.

Also, Rep. Ralph Hall (R-TX), who voted for TPA as a Democrat, became a Republican in January of 2004.

11/1. The Information & Privacy Commissioner for British Columbia released a report [151 pages in PDF] titled "Privacy and the USA Patriot Act: Implications for British Columbia Public Sector Outsourcing". British Columbia is a province of the nation of Canada.

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The House is in recess until November 16, 2004. See, Republican Whip Notice.

The Senate is in recess until November 16, 2004.

RESCHEDULED FOR NOVEMBER 9. 9:30 AM. The Federal Communications Commission (FCC) will hold a meeting.

8:30 AM - 12:15 PM The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host an event titled "Tour of the FCC's Engineering and Technology Laboratory". The program includes transportation to and from the FCC, and lunch with FCC lab personnel in Columbia, MD. The price is $45. RSVP to Heidi Kurtz at 202-293-4000 or heidi@fcba.org. Registrations, payments and cancellations are due no later than Friday, October 29, 2004..

8:30 AM - 12:30 PM. The North American Numbering Council (NANC) will meet. See, FCC notice [PDF]. Location: FCC, Commission Meeting Room, Room TWC305, 445 12th, SW.

8:30 - 11:30 AM. The Software and Information Industry Association (SIIA) will host a seminar titled "Software Licensing Best Practices Seminar Series: Licensing to Uncle Sam: How it Impacts Software License Agreements". See, notice. Prices vary. Location: Mintz Levin, 12010 Sunset Hills Road, Suite 900 Reston, VA.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel J, will hear oral argument in Corus Staal BV v. Commerce (No. 04-1107) and Taghulk Proprietary v. Service Corp. (No. 04-1201). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel K, will hear oral argument in Freeman v. Gerber Products (No. 04-1203). See, FedCir calendar. Location: Courtroom 203, 717 Madison Place, NW.

1:00 - 4:00 PM. The Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) will hold a symposium on the effect of new technologies, such as voice over internet protocol (VOIP), on the North American Numbering System. The title of the event is "The Future of Numbering: Will New Technologies, Innovations and Services Affect Number Administration and Optimization". See, FCC notice [PDF]. Location: FCC, Commission Meeting Room, 445 12th St., SW.

4:00 PM. Julie Cohen (Georgetown University Law Center) will present a paper titled "Copyright, Commodification, and Culture: Locating the Public Domain" at an event hosted by the Dean Dinwoodey Center for Intellectual Property Studies at the George Washington University Law School (GWULS). For more information, contact Robert Brauneis at 202 994-6138 or rbraun@law.gwu.edu. The event is free and open to the public. See, notice. Location: GWULS, Faculty Conference Center, Burns Building, 5th Floor, 716 20th St., NW.

Deadline to submit comments to the Department of Homeland Security's (DHS) Bureau of Customs and Border Protection (CBP) in its rulemaking proceeding regarding recordation of copyrights and enforcement procedures to prevent the importation of piratical articles. See, notice in the Federal Register, October 5, 2004, Vol. 69, No. 192, at Pages 59562 - 59569. See also, story titled "Bureau of Customs and Border Protection Conducts DMCA Rulemaking" in TLJ Daily E-Mail Alert No. 998, October 18, 2004.

9:30 -11:00 PM. The Progressive Policy Institute (PPI) will host a program titled "The Japanese Broadband Miracle: Are There Lessons for the United States?". The speakers will be Yasu Taniwaki (Economic Counselor and Telecommunications Attaché, Embassy of Japan) and Rob Atkinson (Director of the PPI's Technology and New Economy Project). A light breakfast will be served. RSVP to 202 547-0001 or PPIEvents@dlcppi.org. Location: 600 Pennsylvania Ave., SE, Suite 400.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in NJ TV Corp v. FCC, No. 03-1444. Judges Henderson, Rogers and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel M, will hear oral argument in Junker v. Eddings (No. 04-1208), ASM America v. Genus Inc. (No. 04-1211), Mayer Berkshire v. Berkshire Fashion (No. 04-1254), and Carolina Tobacco v. Bureau of Customs (No. 04-1269). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

12:00 NOON. The Cato Institute will host a Capitol Hill Briefing titled "Here We Go Again: Congress Attempts to Outlaw Spyware". The speakers will be Federal Trade Commission (FTC ) Commissioner Orson Swindle and Jim Harper (Cato's Director of Information Policy Studies). Lunch will be served. See, notice and registration page. Location: Room HC-6, Capitol Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Practice Committee will host a luncheon. The topics will be wireless services and homeland security, CALEA, network outage reporting, and wireless priority service. The speakers will be Jeffery Goldthorp (FCC Office of Engineering and Technology), Geraldine Matise (OET), and Christopher Guttman-McCabe (CTIA). The price to attend is $15. See, registration form [PDF]. Location: Wiley Rein & Fielding, 1776 K St., NW.

2:00 PM. The U.S. Court of Appeals (FedCir), Panel N, will hear oral argument in Invitrogen v. Clonetech Labs (No. 04-1039). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

12:00 NOON. Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding its out of cycle reviews of Malaysia, Poland, and Taiwan, pursuant to Section 182 of the Trade Act of 1974, which is codified at 19 U.S.C. § 2242 (also known as Special 301), which requires the USTR to identify countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. See, notice in the Federal Register, October 13, 2004, Vol. 69, No. 197, at Pages 60928 - 60929.

Deadline to submit comments to the Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) in response to Geophysical Survey Systems, Inc.'s (GSSI) request for a waiver of Part 15 of the FCC's rules to permit the higher power operation of ultra-wideband (UWB) non-contact ground penetrating radars (GPRs). See, FCC notice [2 pages in PDF]. This is ET Docket No. 04-374.

12:00 NOON - 1:30 PM. The DC Bar Association will host a CLE program titled "Overview Of Community Trademark And Community Design Law". The speakers will be Elia Sugrañes (Oficina Sugranes, Barcelona, Spain) and Daan Teeuwissen (Knijff Weesp, The Netherlands). See, notice. Prices vary from $15-$20. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

12:00 NOON. The Federal Communications Bar Association's (FCBA) Law Journal Committee will meet to discuss the Federal Communications Law Journal. Lunch will be served. RSVP to jamison.prime@fcc.gov by Wednesday, November 3. Location: Conference Room 13170E (13th Floor), Wilmer Cutler, 1801 Pennsylvania Ave., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch. The agenda includes planning for future lunches and CLE sessions. RSVP to Howard Liberman at hliberman@dbr.com. Location: Drinker Biddle & Reath, 1500 K Street, NW, 11th Floor.

12:30 - 2:00 PM. The DC Bar Association's Computer Law Section and Telecommunications Law Section will host a panel discussion titled "Technology Companies And Telecom: The View From The Outside ... For Now". The speakers will be Jonathan Askin (General Counsel, pulver.com), Paula Boyd (Microsoft), Elizabeth Banker (Yahoo), Peter Pitsch (Intel), Jonathan Frankel (Wilmer Cutler & Pickering), and Julie Veach (FCC). See, notice. Prices vary from $15-$30. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "How to Litigate an Intellectual Property Case Series, Part 1: How to Litigate a Copyright Case". The speaker will be Kenneth Kaufman (Skadden Arps). See, notice. Prices vary from $70 to $115. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking and Declaratory Ruling (NPRM & DR) [100 pages in PDF] regarding imposing Communications Assistance for Law Enforcement Act (CALEA) obligations upon broadband internet access services and voice over internet protocol (VOIP). This NPRM is FCC 04-187 in ET Docket No. 04-295. The FCC adopted this NPRM at its August 4, 2004 meeting, and released it on August 9. See, story titled "Summary of the FCC's CALEA NPRM" in TLJ Daily E-Mail Alert No. 960, August 17, 2004. See, notice in the Federal Register, September 23, 2004, Vol. 69, No. 184, Pages 56976 - 56987.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding its proposal to eliminate paper filings and require applicants to file electronically filings related to international telecommunications services. This NPRM is FCC 04-133 in IB Docket No.04-226. See, notice in the Federal Register, August 9, 2004, Vol. 69, No. 152, at Pages 48188 - 48192.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding amendments to FCC rules to permit VHF public coast (VPC) and automated maritime telecommunications system (AMTS) licensees to provide private mobile radio service to units on land. This NPRM is FCC 04-171 in WT Docket No. 04-257 and RM-10743. See, notice in the Federal Register, August 10, 2004, Vol. 69, No. 153, at Pages 48440 - 48443.

Extended extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its public notices (DA 04-1690, DA 04-1758, and DA (04-2906) requesting public comments on constitutionally permissible ways for the FCC to identify and eliminate market entry barriers for small telecommunications businesses and to further opportunities in the allocation of spectrum based services for small businesses and businesses owned by women and minorities. This proceeding is MB Docket No. 04-228. See, notice in the Federal Register, September 15, 2004, Vol. 69, No. 178, at Pages 55630 - 55631.

9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. The event will be webcast. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in James A. Kay v. FCC, No. 04-1014. Judges Edwards, Henderson and Garland will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 AM - 12:00 NOON. The Department of Homeland Security's (DHS) Telecommunications Service Priority (TSP) System Oversight Committee will hold a meeting. See, notice in the Federal Register, October 8, 2004, Vol. 69, No. 195, at Page 60415. Location: NCS, 2nd floor conference room, 701 South Courthouse Road, Arlington, VA.

RESCHEDULED FOR NOVEMBER 10. 12:15 PM. The Federal Communications Bar Association (FCBA) Mass Media Practice Committee will host a brown bag lunch.

8:30 AM - 5:30 PM. Day one of a two day event hosted by the Federal Trade Commission (FTC) and the National Institute of Standards and Technology (NIST) titled "Email Authentication Summit". The FTC's interest in this issue is dealing with spam and fraudulent e-mail. The Simple Mail Transfer Protocol (SMTP) for the email system allows information to travel freely with relative anonymity and ease, thereby enabling cheap bulk unsolicited distribution, and fraud. The purpose of this summit is to encourage the development, testing, evaluation and implementation of domain level authentication systems. Written comments are due by September 30, 2004. Written requests to participate are due by September 30, 2004. See, notice in the Federal Register, September 15, 2004, Vol. 69, No. 178, at Pages 55632 - 55636. Location: FTC Satellite Building, 601 New Jersey Ave., NW.

8:30 AM - 5:30 PM. Day two of a two day event hosted by the Federal Trade Commission (FTC) and the National Institute of Standards and Technology (NIST) titled "Email Authentication Summit". The purpose of this summit is to encourage the development, testing, evaluation and implementation of domain level authentication systems. See, notice in the Federal Register, September 15, 2004, Vol. 69, No. 178, at Pages 55632 - 55636. Location: FTC Satellite Building, 601 New Jersey Ave., NW.

10:00 AM - 12:00 NOON. The Federal Communications Commission's (FCC) Advisory Committee for the 2007 World Radiocommunication Conference (WRC-07 Advisory Committee) will meet. See, original notice in the Federal Register, July 6, 2004, Vol. 69, No. 128, at Pages 40637 - 40638, and rescheduling notice in the Federal Register, August 10, 2004, Vol. 69, No. 153, at Pages 48493. See also, FCC notice of rescheduling to November 10. Location: FCC, 445 12th Street, SW., Room TW-C305.

12:00 NOON. The Cato Institute will host a discussion of the book titled Shakedown: How Corporations, Government, and Trial Lawyers Abuse the Judicial Process [Amazon]. The speakers will be Robert Levy (author), Walter Olson (Manhattan Institute), and Edward Crane (Cato). See, notice and registration page. Lunch will follow the program. Location: 1000 Massachusetts Ave., NW.

12:00 NOON. The Federal Communications Bar Association's (FCBA) Foundation Board of Trustees will meet. Location: Wiley Rein & Fielding, 1776 K St., NW.

12:15 PM. The Federal Communications Bar Association (FCBA) Access to Records and Mass Media Practice Committees will host a brown bag lunch. Renee Licht (FCC's Office of Managing Director), Mark Reger (FCC Chief Financial Officer), and other FCC personnel will discuss the Debt Collection Improvement Act of 1996 and the FCC's red light rule. RSVP to Rebecca Cunningham at rcunningham@lsl-law.com. Location: NAB, 1771 N St. NW.

3:00 - 6:30 PM. The American Enterprise Institute (AEI) will host a program titled "Federalism under the Influence: Dope, Booze, and the Commerce Clause". There will be three panel discussions. The first, titled "Uncorking the Commerce Clause", will address the Swedenburg v. Kelly and consolidated cases, which involve Commerce Clause challenges to state barriers to internet sales, and other direct sales, of alcoholic beverages. The speakers on this panel include Brannon Denning (Cumberland School of Law), Todd Zywicki (George Mason University), and Hewitt Pate (Department of Justice). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

Veterans Day. The Federal Communications Commission (FCC) and other federal offices will be closed. See, Office of Personnel Management's (OPM) list of federal holidays.