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March 10, 2005, 9:00 AM ET, Alert No. 1,092.
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House Commerce Committee Approves Spyware Bill

3/9. The House Commerce Committee amended and approved HR 29, the "Securely Protect Yourself Against Cyber Trespass Act", or SPY ACT, by unanimous votes. This is Rep. Mary Bono's (R-CA) spyware bill.

The Committee approved one amendment [5 pages in PDF], offered by Rep. Cliff Stearns (R-FL), by unanimous voice vote. It then approved the bill, as amended, on a roll call vote of 43-0.

Rep. Joe Barton (R-TX), the Chairman of the full Committee, read an opening statement in which he said that "The amendment that will be offered today continues to strengthen the antifraud provisions of the bill by giving the FTC better enforcement tools against web-based phishing and evil-twin attacks."

He added that the bill has been revised "to take into account legitimate and benign business functions as well as standard functionalities of the Internet. The amendment does this while preserving meaningful consumer notice and consent. The amendment exempts HTML and Java to the extent they facilitate the ordinary construction of web pages without monitoring consumers' behavior outside of that website or gathering personally identifiable information about those consumers."

He also stated that "The amendment also requires the FTC to exempt embedded advertisements from the identity function of the bill while preserving notice and consent and continuing to require a disable function for the information collection program that facilitates the advertising."

Rep. Mary BonoLegislative History. Rep. Bono (at right) and others introduced HR 29 on January 4, 2005. The Committee held a hearing on January 26, 2005. See, story titled "House Commerce Committee Holds Hearing on Spyware Bill" in TLJ Daily E-Mail Alert No. 1,064, January 27, 2005.

The Subcommittee on Trade, Commerce and Consumer Protection amended and approved HR 29 on February 16, 2005. See, HR 29 as reported by the Subcommittee [28 pages in PDF], and story titled "House Subcommittee Marks Up Spyware Bill" in TLJ Daily E-Mail Alert No. 1,080, February 22, 2004.

HR 29 (109th Congress), as introduced, was substantially identical to HR 2929 (108th Congress), which was also titled the SPY ACT. The House approved that bill by a vote of 399-1 on October 5, 2004. See, Roll Call No. 495. See also, story titled "House Passes First Spyware Bill" and story titled "Summary of House Commerce Committee Spyware Bill" in TLJ Daily E-Mail Alert No. 991, October 6, 2004.

There is also related legislation that has been referred to the House Judiciary Committee. The House Commerce Committee has jurisdiction over consumer protection, while the House Judiciary Committee has jurisdiction over criminal matters.

On February 10, 2005. Rep. Bob Goodlatte (R-VA), Rep. Zoe Lofgren (D-CA), and others, introduced HR 744, the "Internet Spyware (I-SPY) Prevention Act of 2005". See also, story titled "Rep. Goodlatte Reintroduces Criminal Spyware Bill" in TLJ Daily E-Mail Alert No. 1,075, February 11, 2005.

HR 744 is similar to HR 4661 (108th Congress), titled "Internet Spyware (I-SPY) Prevention Act of 2004". These bills add a new Section 1030A to the Criminal Code titled "Illicit indirect use of protected computers". The full House approved HR 4661 by a vote of 415-0 on October 6, 2004. See, Roll Call No. 503 and story titled "House Approves Second Spyware Bill" in TLJ Daily E-Mail Alert No. 993, October 8, 2004.

Summary of HR 29 As Amended. HR 29 contains two sets of prohibitions. First, § 2 prohibits deceptive acts or practices related to spyware. Second, Section 3 prohibits collection of certain information without notice and consent.

§ 2 provides that "It is unlawful for any person, who is not the owner or authorized user of a protected computer, to engage in deceptive acts or practices that involve any of the following conduct with respect to the protected computer:"

§ 2 then lists deceptive acts or practices, including taking control of a computer, modifying settings related to a computer's access to the internet, collecting personally identifiable information through keystroke logging, and removing, disabling, or rendering inoperative a security, anti-spyware, or anti-virus technology.

§ 2 also prohibits "Inducing the owner or authorized user to provide personally identifiable, password, or account information to another person -- (A) by misrepresenting the identity of the person seeking the information; or (B) without the authority of the intended recipient of the information."

The bill as approved by the Subcommittee included nine categories of deceptive acts or practices. The amendment approved on March 9 adds a tenth. It prohibits "Inducing the owner or authorized user of the computer to disclose personally identifiable information by means of a Web page that (A) is substantially similar to a Web page established or provided by another person; and (B) misleads the owner or authorized user that such Web page is provided by such other person." Rep. Stearns stated at the hearing that the bill targets "the nefarious practice of evil twin attacks and web based phishing".

§ 3 prohibits the collection of certain information without notice and consent. It provides that "it is unlawful for any person (1) to transmit to a protected computer, which is not owned by such person and for which such person is not an authorized user, any information collection program, unless -- (A) such information collection program provides notice in accordance with subsection (c) before execution of any of the information collection functions of the program; and (B) such information collection program includes the functions required under subsection (d)".

It also provides that "it is unlawful for any person ... (2) to execute any information collection program installed on such a protected computer unless -- (A) before execution of any of the information collection functions of the program, the owner or an authorized user of the protected computer has consented to such execution pursuant to notice in accordance with subsection (c); and (B) such information collection program includes the functions required under subsection (d)."

§ 3 also requires that "each information collection program" must allow users to easily "remove the program or disable operation of the program".

§ 3 also requires that "each information collection program" must have an "identity function". That is, it requires that "each display of an advertisement directed or displayed using such information when the owner or authorized user is accessing a Web page or online location other than of the provider of the software is accompanied by the name of the information collection program, a logogram or trademark used for the exclusive purpose of identifying the program, or a statement or other information sufficient to clearly identify the program."

The amendment approved on March 9 rewrites the bill's definition of "information collection program". Rep. Stearns stated that it adds language that "allows companies to monitor activities on their web site, and direct advertising based upon that monitoring, without being subject to the notice and consent provisions" of § 3. He added that "it is the web based counterpart of handing you a coupon for promotional material in a store".

This amendment provides "Computer software that otherwise would be considered an information collection program ... shall not be considered such a program if--
  (A) the only information collected by the software regarding Web pages that are accessed using the computer is information regarding Web pages within a particular Web site;
  (B) such information collected is not sent to a person other than (i) the provider of the Web site accessed; or (ii) a party authorized to facilitate the display or functionality of Web pages within the Web site accessed; and
  (C) the only advertising delivered to or displayed on the computer using such information is advertising on Web pages within that particular Web site."

The bill also addresses embedded ads. It provides that the FTC "shall, by regulation, exempt from the applicability of subparagraph (A) the embedded display of any advertisement on a Web page that contemporaneously displays other information." The amendment changed the word "may" to "shall".

The amendment approved on March 9 also adds a definition of the term "web site". It provides that "The term ‘‘web site’’ means a collection of Web pages that are presented and made available by means of the World Wide Web as a single Web site (or a single Web page so presented and made available), which Web pages have such characteristics in relation to each other as the Commission may prescribe, which may include--
  (A) a common domain name;
  (B) a common theme or topic;
  (C) common ownership, management, or registration; and
  (D) relationship to a common intended beginning file or home page or other means of accessing or linking the pages together."

The bill also instructs the Federal Trade Commission (FTC) to promulgate implementing regulations. The amendment approved on March 9 includes a "public interest" standard. It provides that "In exercising its authority to issue any regulation under this Act, the Commission shall determine that the regulation is consistent with the public interest and the purposes of this Act." The bill does not define the term "public interest". This item was included in the amendment at the request of Rep. John Dingell (D-MI).

Cookies. This bill regulates any "information collection program". This bill further provides that an "information collection program" is a "computer software". Moreover, the amendment approved by the Subcommittee on February 16 provides in the paragraph defining "computer software" that "This paragraph may not be construed to include, as computer software, a cookie or any other type of text or data file that solely may be read or transferred by a computer." That is, cookies are not covered by the bill. However, the bill does instruct the FTC to conduct a study of cookies.

Rep. John DingellRep. Dingell (at right), the ranking Democrat on the full Committee, discussed this topic at the meeting on March 9. He read a prepared statement. He said that "The problem is that not all spyware and adware is ``computer software.´´ For example, ``cookies´´ are not software and the rule of construction on page 25 of the bill makes clear that cookies are not covered. But concerns have been raised that this language is too broad and may create a loophole for all kinds of text or data files that act as spyware and adware. We have received information from Webroot Software and others that not all cookies are benign: ``tracking´´ or ``persistent´´ cookies are used to collect identifying information about the user. While section 8 of the bill requires the Federal Trade Commission to study this anomoly, at least with respect to cookies, we need to make sure that we are not creating dangerous loopholes that are inconsistent with the purposes of the legislation."

Rep. Dingell added that "have a few concerns that I trust will be addressed as we work on the Committee report and further refine the bill." He voted for the bill.

Other Criticism of the Bill. The House Commerce Committee has a tradition of building consensus, and seeking to present a unified front to the full House. Opponents of bills often do not publicly express their opposition.

Hence, it may be notable that several other members, while not voting against the bill, suggested that further revisions could be made before the bill is considered by the full House.

For example, Rep. Vito Fosella (R-NY), stated "the same technology that is used by, not only cheats and fraudulent individuals, but also, as has been stated, legitimate businesses, to bring the benefits of online commerce to citizens".

He continued that HR 29 "goes a long way to solving the spyware problem", but that he added that "I think it should be noted, however, that software that targets advertisers to consumers is not necessarily privacy threatening, and HR 29 should be carefully tailored to avoid including ... innovative non-privacy threatening technologies that deliver relevant information to consumers on their desktops."

"So, our responsibility then is that the legislation targets the bad actors" and "does not pick winners and losers, especially those legitimate businesses that provide the same service in a different software format, particularly privacy protective software", concluded Rep. Fosella.

More News

3/9. Lenovo Group Ltd announced in a release that the Committee on Foreign Investment in the U.S. (CFIUS) has completed its review of Lenovo's acquisition of IBM's personal computer division.

3/9. The Federal Communications Commission's (FCC) Wireless Broadband Access Task Force (WBATF) released a report [113 pages in PDF] titled "Wireless Broadband Access Task Force Report". The FCC also issued a Public Notice [2 pages in PDF] requesting comments on this report. Initial comments are due by April 22, 2005. Reply comments are due by May 23, 2005. This Public Notice is numbered DA 05-610. This proceeding is numbered GN Docket No. 04-163.

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Washington Tech Calendar
New items are highlighted in red.
Thursday, March 10

The House will meet at 10:00 AM for legislative business. The agenda does not include any technology related items. See, Republican Whip Notice.

The Senate will meet at 9:30 AM. At 11:00 AM it will resume consideration of S 256, the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005".

TIME CHANGE. 11:00 AM. The Senate Judiciary Committee will hold an executive business meeting. The agenda includes consideration of the nomination of William Myers to be a Judge of the U.S. Court of Appeals (9thCir). See, notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. The event will be webcast by the FCC. 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 Luck Music Library v. Ashcroft, No. 04-5240. Judges Randolph, Roberts and Williams will preside. This is an appeal from the U.S. District Court (DC), which issued its opinion [21 pages in PDF] on June 10, 2004 holding that Section 514 of the Uraquay Round Agreements Act is not unconstitutional. Section 514, which amended 17 U.S.C. § 104A, pertains to international enforcement of copyright. The District Court proceeding is D.C. No. 01-2220. See also, story titled "District Court Upholds Constitutionality of § 514 of Uruguay Round Agreements Act" in TLJ Daily E-Mail Alert No. 920, June 17, 2004. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

AGENDA CHANGE (NTIA authorization bill deleted). 10:00 AM. The Senate Commerce Committee will meet to mark up numerous bills, including S 268, the "Training for Realtime Writers Act of 2005" (a bill to provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Telecommunications Act of 1996), and S __, a bill to reauthorize the National Telecommunications and Information Administration (NTIA). See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456 or Melanie_Alvord at commerce dot senate dot gov, or Andy Davis (Inouye) at 202 224-4546 or Andy_Davis at commerce dot senate dot gov . Location: Room 253, Russell Building.

10:00 AM. The House Judiciary Committee's Subcommittee on the Constitution will hold an oversight hearing titled the "U.S. Department of Justice Civil Rights Division: A Review of the Civil Rights Division for the Purpose of the Reauthorization of the U.S. Department of Justice". Most of the work of the Civil Rights Division (CRD) does not involved technology. However, in recent years its has taken the positions that web sites are covered by the Americans with Disabilities Act, and that an interactive web site operator may be sued for discrimination, based upon the content of postings by third parties. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM - 12:00 NOON. The American Enterprise Institute (AEI) will host a panel discussion titled "The Patent System and the New Economy". The presenter will be Brad Smith, General Counsel of Microsoft. Todd Dickinson (General Electric Company, and former head of the USPTO), John Duffy (George Washington University Law School), James DeLong (Progress and Freedom Foundation), and Andre Carter (Imiri Incorporated). Christopher DeMuth (AEI) will moderate. See, notice. Location: 12th floor, 1150 17th St., NW.

10:00 AM - 12:00 NOON. The Federal Communications Commission's (FCC) World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group 1: Terrestrial and Space Science Services will meet. Location: Lockheed Martin Corporation, Arlington, VA.

12:00 NOON - 2:00 PM. The DC Bar Association will host a brown bag lunch titled "Developments in the Fight Against Spam and Phishing". The scheduled speakers are Eric Wenger (Department of Justice's Computer Crime and Intellectual Property Section), Jennifer Jacobsen (AOL/Time Warner), Paula Bruening (Center for Democracy and Technology), and Frank Gorman (Bryan Cave). See, notice. Prices vary from $10 to $30. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

1:00 PM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled "Preparing Consumers for the End of the Digital Television Transition". The hearing will be webcast by the Committee. Press contact: Larry Neal or Jon Tripp (Barton) at 202 225-5735 or Sean Bonyun (Upton) at 202-225-3761. See, notice. Location: Room 2322 (third floor hearing room), Rayburn Building.

TIME CHANGE. 1:00 PM. The House Armed Services Committee's Subcommittee on Terrorism, Unconventional Threats and Capabilities will hold a hearing on the President's budget request for FY 2006 on defense science and technology. The witnesses will be Anthony Tether (Director of the Defense Advanced Research Projects Agency), Ronald Sega (Director of Defense Research and Engineering), James Tegnelia (Director of the Defense Threat Reduction Agency), Thomas Killion (Asst. Sec. of the Army for Research and Technology), Rear Admiral Jay Cohen (Chief of Naval Research), and James Engle (Dep. Asst. Sec. of the Air Force for Science, Technology and Engineering). Location: Room 2118, Rayburn Building.

2:00 - 3:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will meet by teleconference. The meeting is closed to the public. The NSTAC states that the agenda includes the following: "receive briefings and consider proposed recommendations from (1) the NSTAC's Next Generation Network Task Force (NGNTF) concerning near-term issues emerging from the convergence of telecommunications and information technology, and (2) the NSTAC's Legislative and Regulatory Task Force (LRTF) concerning issues associated with the availability of critical telecommunications infrastructure information over the Internet." See, notice in the Federal Register, February 28, 2005, Vol. 70, No.38, at Page 9664.

2:30 PM. The Senate Banking Committee will hold hearings titled "Identity Theft: Recent Developments Involving the Security of Sensitive Consumer Information". See, notice. Location: Room 538, Dirksen Building.

5:00 - 7:00 PM. The American Enterprise Institute (AEI) will host a book forum. Author Paul London will discuss his book titled The Competition Solution: The Bipartisan Secret behind American Prosperity. See, AEI order page and Amazon order page. The discussants will be Kevin Hassett (AEI) and Maureen Ohlhausen (Federal Trade Commission). London was a Deputy Under Secretary of Commerce for Economics and Statistics during the Clinton administration. This book argues the recent U.S. prosperity is the result of increased competition. The book examines many industry sectors, including communications. See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Introduction to Licensing Intellectual Property". The scheduled speakers are Joseph Contrera (Jacobson Holman) and Carol Lavrich (Georgetown University). 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.

Day two of a three day conference host by the International Association of Privacy Professionals (IAPP) titled "IAPP National Summit". See, conference web site. Location: Omni Shoreham Hotel, 2500 Calvert St., NW.

Friday, March 11

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Board of Regents of the University of Texas v. Nippon Telephone and Telegraph, No. 04-1452. Location: Courtroom 203, 717 Madison Place, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Cable Practice Committee will host a brown bag lunch titled "2005 Legislative Priorities". The speakers will be Neil Fried (Majority Counsel, House Commerce Committee) and Johanna Shelton (Minority Counsel, House Commerce Committee). For more information, contact Catherine.Bohigian@fcc.gov. Location: Dow Lohnes & Albertson, 1200 New Hampshire Ave., NW, Suite 800.

Day three of a three day conference host by the International Association of Privacy Professionals (IAPP) titled "IAPP National Summit". See, conference web site. Location: Omni Shoreham Hotel, 2500 Calvert St., NW.

Monday, March 14

8:00 AM - 5:45 PM. The Intellectual Property Owners Association (IPO) will host a conference titled "Patent Trolls and Patent Property Rights". See, notice and conference brochure [PDF]. For more information, contact Susan Lusk at susan at ipo dot org or 202 466-2396. Location: The Ronald Reagan Building and ITC.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice [4 pages in PDF] (DA 04-3891) of December 14, 2004 seeking comments on the report of Avatar Environmental, LLC regarding migratory bird collisions with communications towers. See, Public Notice [2 pages in PDF] (DA 04-4021) of December 22, 2004 extending deadlines. See also, notice in the Federal Register, January 3, 2005, Vol. 70, No. 1, at Pages 87-88. This proceeding is WT Docket No. 03-187.

Tuesday, March 15

8:00 AM - 4:00 PM. The Consumer Electronics Association (CEA) will host an event titled "HDTV Summit: The Analog Cut-Off". Rick Chessen of the Federal Communications Commission's (FCC) DTV Task Force is scheduled to speak at a morning panel. See, notice. Location: Washington Convention Center.

8:20 AM - 5:00 PM. The National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT) will hold a partially closed meeting. All attendees must pre-register by March 10. See, notice in the Federal Register, February 18, 2005, Vol. 70, No. 33, at Pages 8344-8345. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

9:00 AM. The Heritage Foundation and the Defenders of Property Rights will host a half day conference titled "Government’s Role in Protecting Constitutional Rights in Intellectual Property". RSVP to Laura Dlugacz at 202 572-6231 or ldlugacz at dcgpr dot com. Location: Heritage, 214 Massachusetts Ave., NE.

9:30 AM - 5:00 PM. The Federal Communications Commission's (FCC) North American Numbering Council will meet. The agenda includes updates on ENUM issues. See, FCC notice [PDF] and notice in the Federal Register, February 9, 2005, Vol. 70, No. 26, at Pages 6875-6876. Location: FCC, 445 12th Street, SW, Room TW-C305 (Commission Meeting Room).

10:00 AM. The House Commerce Committee's Subcommittee on Commerce, Trade and Consumer Protection will hold a hearing titled "Protecting Consumer's Data: Policy Issues Raised by Choice Point". Press contact: Larry Neal or Jon Tripp (Barton) at 202 225-5735. The hearing will be webcast by the Committee. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee's Subcommittee on Terrorism, Technology and Homeland Security will hold a hearing on the OPEN Government Act of 2005. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

2:30 PM. The Senate Judiciary Committee will hold a hearing to examine the SBC/ATT and Verizon/MCI mergers. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

TIME? The Intellectual Property Owners Association (IPO) will host an event titled "IPO Committee Leadership Meeting". See, notice. For more information, contact Susan Lusk at susan@ipo.org or 202 466-2396. Location: The Ronald Reagan Building and ITC.

TIME? The Intellectual Property Owners Association (IPO) Board of Directors will meet. See, notice. For more information, contact Susan Lusk at susan@ipo.org or 202 466-2396. Location: The Ronald Reagan Building and ITC.

6:30 PM. The Consumer Electronics Association (CEA) will host an event titled "Digital Patriots Dinner: A Celebration of Innovation and Technology". It will present awards to outgoing FCC Chairman Michael Powell, Sen. George Allen (R-VA), Rep. Darrell Issa (R-CA), and Rep. Rick Boucher (D-VA). See, notice. Location: Washington Convention Center.

Highlights of Conference Titled
"Government’s Role in Protecting Constitutional Rights in Intellectual Property"
Tuesday, March 15
9:00 AM. Opening remarks by former Attorney General Edwin Meese and Nancie Marzulla
9:15 AM. Panel titled "Is the Government a Friend or Foe of IP Property Rights?". The speakers will be Jim Prendergast (Americans for Technology Leadership), David Green (Motion Picture Association of America), Jim Pinkerton (New American Foundation), and Jonathan Zuck (Americans for Competitive Technology).
10:30 AM. Ted Olson and Utah Attorney General Mark Shurtleff will discuss MGM Studios v. Grokster.
11:00 AM. Panel titled "The High Cost of IP Rights Theft". The speakers will be Myron Brilliant (U.S. Chamber of Commerce), Rich Carnes (Songwriters Guild of America), Paul Skrabut (ASCAP), and Diego Trinidad (Trinidad Cigar Company).
12:15 PM. Luncheon. Rep. Lamar Smith (R-TX) will receive an award.
Wednesday, March 16

TIME? The Consumer Electronics Association (CEA) will host a one day conference titled "Intellectual Property and Creativity -- Redefining the Issue". The speakers will include Richard Florida, author of book [Amazon] titled "The Rise of the Creative Class" and article titled "America's Looming Creativity Crisis". See, CEA notice. For more information, contact Jeff Joseph at 703 907-7664 or jjoseph at ce dot org. Location: Washington Convention Center.

12:00 NOON. The Cato Institute will host a luncheon panel discussion titled "Who Are the Real Free Traders in Congress?". The speakers will be Sen. John Sununu (R-NH), Rep. Jeff Flake (R-AZ), and Dan Griswold (Cato). See, notice. Location: Room 1539 Longworth Building, Capitol Hill.

12:15 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host a brown bag lunch titled "Meet the Hill". The speakers will be Commerce Committee staff. No RSVP requested. For more information contact Frank Jazzo (Fletcher Heald & Hildreth) at jazzo at fhhlaw dot com. Location: National Association of Broadcasters,1771 N St., NW.

RESCHEDULED FOR MARCH 28. 12:30 PM. The Federal Communications Bar Association (FCBA) will host a luncheon. The speaker will be Federal Communications Commission (FCC) Commissioner Michael Copps. See, registration form [PDF]. The deadline for reservations and cancellations is March 24 at 5:00 PM. Prices range from $35 to $65. Location: J.W. Marriott Hotel, 1331 Pennsylvania Avenue, NW, Lower Level.

The First Amendment Center (FAC) and the American Library Association (ALA) will host a conference titled "Congress and the Courts: Confronting Secrecy". Location: Freedom Forum's World Center, Arlington, VA.

Deadline to submit reply comments to the Federal Communications Commission (FCC) to assist it in preparing the report required by Section 208 of the Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA). The SHVERA requires the FCC to "complete an inquiry regarding the impact on competition in the multichannel video programming distribution market of the current retransmission consent, network nonduplication, syndicated exclusivity, and sports blackout rules, including the impact of those rules on the ability of rural cable operators to compete with direct broadcast satellite industry in the provision of digital broadcast television signals to consumers. Such report shall include such recommendations for changes in any statutory provisions relating to such rules as the Commission deems appropriate." See, FCC notice [4 pages in PDF]. This Public Notice is DA 05-169. See also, notice in the Federal Register, February 8, 2005, Vol. 70, No. 25, at Pages 6593-6595.

Thursday, March 17

3:30 PM. Alfred Yen (Boston College) will give a lecture titled "Liability With and Without Fault: A Re-appraisal of Secondary Liability in Copyright in the Internet Age" as part of the Georgetown Law Colloquium on Intellectual Property & Technology Law. For more information, contact Julie Cohen at 202 662-9871 or jec at law dot georgetown dot edu, or Jay Thomas at 202 662-9925. Location: Faculty Lounge, Fifth Floor, Georgetown University Law Center, 600 New Jersey Ave., NW.

TIME? The American Intellectual Property Law Association's (AIPLA) Board or Directors will meet. Location: Arlington, VA.

9:00 AM - 6:15 PM. The Catholic University of America Law School (CUA), the Federal Communications Commission (FCC), and the Federal Communications Bar Association (FCBA) will host a symposium titled "The Telecommunications Act of 1996: A Case of Regulatory Obsolescence?". See, agenda [PDF]. Location: CUA.

11:00 AM - 1:00 PM. The Federal Communications Commission's (FCC) World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group 5: Regulatory Issues will meet. Location: Boeing Company, Arlington, VA.

2:00 - 4:00 PM. The Federal Communications Commission's (FCC) World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group 2: Satellite Services and HAPS  will meet. Location: Leventhal Senter & Lerman.