3/10. Senate Banking Committee held the first part of a hearing titled "Identity Theft: Recent Developments Involving the Security of Sensitive Consumer Information"

Sen. Richard Shelby (R-AL), the Chairman of the Committee, wrote in his prepared statement that "technology has profoundly changed our economy. Automation, depersonalized transactions and the electronic storage, manipulation and transfer of massive amounts of sensitive information are entirely routine. While there are significant benefits associated with these developments, we must also recognize that there are some significant risks associated with them as well."

He added that "our rapid fire, credit in a moment economy, provides tremendous opportunities for fraud and identity theft. If a crook gets hold of someone's personal information such as their  name, date of birth, and Social Security number, they can steal millions of dollars and wreak havoc on that person's life and credit history in only a matter of moments. For this reason, it is paramount that this kind of sensitive information is properly protected."

He said that one of the purposes of the hearing is "to learn whether the current legal framework provides adequate protections and has kept pace with changes in the marketplace".

Sen. Jon Corzine (D-NJ) stated in his prepared statement that "Technological innovation has brought about a data revolution that most consumers have benefited from through efficiency, expanding access, product marketing and lowered costs. And it's spurred the creation on an entire industry of data collectors and brokers who profit from the packaging and commoditization of one's personal and financial information. But regrettably, this technology has also provided identity thieves with an attractive target, and relative anonymity, with which to ply their sinister trade."

He added that "It's ironic that we’re holding this hearing today -- the same day that the full Senate is likely to pass a Bankruptcy bill intended to protect credit card companies and other financial entities from consumers -- but we’ve yet to act on comprehensive legislation aimed at protecting consumers from having their personal and financial information lost or stolen from those very same credit card companies and financial institutions."

Sen. Corzine stated that he will introduce a bill next week that will establish "the Federal Trade Commission as the primary regulator of non-financial third party data collectors", and require "all companies that maintain sensitive personal information to establish security systems that safeguard that information", pursuant to regulations promulgated by the FTC.

He said that his bill would also require companies to "immediately notify affected customers, federal regulators, credit reporting agencies and law enforcement when the breach or loss of sensitive customer information has occurred in a manner that could lead to identity theft".

Sen. Patrick Leahy (D-VT) wrote in his prepared testimony [PDF] that "The susceptibility of our most personal data to relatively unsophisticated scams and logistical mishaps is greatly disturbing. And this is before we consider the dangers posed by insiders, hackers, organized crime and terrorists."

Sen. Leahy too proposed legislation. He said that "Congress needs to act, but we need to do it right. Many of us have been examining the information-brokering industry and considering various legislative options. Consumers should know who has their data, what it is being used for and how they can correct mistakes. They should also have notice, consistent with law enforcement considerations, so that they can protect themselves. These all are matters of basic fairness."

He also said that "Congress needs to look closely at ensuring a standard of care consistent with the high value of this data, including penalty options when companies fall short of meeting those standards. Data brokers are increasingly partnering with the government in law enforcement and homeland security efforts. It might prove useful for Congress to consider the extent to which a company's privacy and security practices are qualifying factors in securing federal contracts, including appropriate penalties in the contract procurement process for any failures."

See also, prepared statement of Sen. Elizabeth Dole (R-NC).

FTC Chairman Deborah Majoras wrote in her prepared testimony [21 pages in PDF] that various activities of data aggregators are already regulated by numerous statutes and regulations, including the Fair Credit Reporting Act, Title V of the Gramm Leach Bliley Act, and Section 5 of the FTC Act.

See also, prepared testimony [5 pages in PDF] of Larry Johnson of the U.S. Secret Service, and prepared testimony [13 pages in PDF] of Amy Friend, Assistant Chief Counsel of the Comptroller of the Currency.

When the Senate Banking Committee continues this hearing next week, it will hear testimony from Don McGuffey (VP of ChoicePoint Services, Inc.), Evan Hendricks (Editor of Privacy Times), and Barbara Desoer (Bank of America).

3/9. Reed Elsevier announced that its Seisint unit, which aggregates data on individuals, may have provided personal information on 32,000 individuals to unnamed persons or entities that may use the data for identity theft.

This announcement follows ChoicePoint's statement on February 21, 2005 that "organized criminals posing as legitimate companies gained access to personal information" about 145,000 individuals. See, story titled "ChoicePoint Describes Its Sale of Data to Identity Thieves" in TLJ Daily E-Mail Alert No. 1,081, February 23, 2005.

While data aggregators develop these electronic databases of information to enable commercial and law enforcement customers to authenticate identities and reduce theft and fraud, criminals have successfully accessed the databases of these data aggregates to steal identities and engage in theft and fraud.

Also, on February 25, 2005, Bank of America announced that it lost "computer data tapes" during "shipment to a backup data center". It stated in its release that "The missing tapes contained U.S. federal government charge card program customer and account information".

Reed Elsevier stated that "Information on approximately 32,000 individuals may have been fraudulently accessed", and that "The information accessed includes names, addresses, social security and drivers' license numbers, but not credit history, medical records or financial information."

Reed Elsevier did not identify who accessed the information. It did state that the information was accessed by "misappropriation by third parties of IDs and passwords from legitimate customers". Reed Elsevier did not identity, or characterize, the customers whose IDs and passwords were used. Nor did it disclose how the IDs and passwords were obtained.

Reed Elsevier also stated that its data products "provide critical fraud detection and identity authentication solutions to law enforcement, homeland security, commercial and legal customers that help to safeguard citizens and reduce consumers' financial losses, such as credit card and insurance fraud".

Reed Elsevier stated in a September 1, 2004 release that LexisNexis U.S. "closed on its acquisition of Seisint, Inc., a U.S.-based provider of information management products and services, for $775 million. LexisNexis is a member of Reed Elsevier Group plc".

Reed Elsevier added that "Seisint will become part of the LexisNexis U.S. Risk Management business of the Corporate and Federal Markets division. The LexisNexis Risk Management business includes flagship products such as RiskWise®, PeopleWise® and Banko®. Risk Management products and services are used by lawyers, financial services, insurance, telecommunications and retail businesses, the Federal Government and law enforcement agencies. Those products and services are used to authenticate identity, predict fraud, control credit and fraud losses, to improve risk assessment and communicate with customers during the customer-management cycle. LexisNexis PeopleWise services help companies create better, more productive workplaces through pre-employment screening and background checking."

This announcement also came just prior to Congressional hearings on the nature and extent of security of electronic databases that aggregate personal information. On Thursday, March 10 the Senate Banking Committee held the first part of a hearing titled "Identity Theft: Recent Developments Involving the Security of Sensitive Consumer Information". See, preceeding story, titled "Senate Banking Committee Holds Hearing on Data Security".

Then, on Tuesday, March 15 at 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".

Also, Sen. Arlen Specter (R-PA), the Chairman of the Senate Judiciary Committee, announced on February 24 that his Committee could hold hearings on this subject. See, story titled "Senate Judiciary Committee Could Hold Hearings on ChoicePoint, Technology, Privacy and Security" in TLJ Daily E-Mail Alert No. 1,083, February 25, 2005.

3/9. The House Judiciary Committee amended and approved HR 683, the "Trademark Dilution Revision Act of 2005", on voice votes.

This bill is a reaction to the Supreme Court's March 4, 2003 opinion [21 pages in PDF] in Moseley v. V Secret. See, story titled "Supreme Court Rules in Trademark Dilution Case" in TLJ Daily E-Mail Alert No. 618, March 6, 2003.

The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property (CIIP) held a hearing on February 17. See, story titled "CIIP Subcommittee Holds Hearing On Trademark Dilution Revision Act" in TLJ Daily E-Mail Alert No. 1,081, February 23, 2005.

The CIIP Subcommittee amended and approved this bill on March 3, 2005. See, story titled "House CIIP Subcommittee Amends and Approves Trademark Dilution Revision Act" in TLJ Daily E-Mail Alert No. 1,088, March 4, 2005.

Rep. Lamar Smith (R-TX), the sponsor of the bill, described it in a few brief sentences at the March 9 meeting. There was no further discussion or debate. The Committee approved an amendment in the nature of a substitute, and then the bill as amended, by voice votes.

3/9. The House Science Committee's Subcommittee on Research held a hearing titled "National Science Foundation Budget and Management Challenges". Subcommittee members expressed support for increased funding of government research.

President Bush's FY 2006 budget request for the National Science Foundation (NSF) is $5.61 Billion. This is a 2.4 percent increase over the FY 2005 level. However, the FY 2005 level was 3.1 percent below the FY 2004 level.

The primary witnesses were Arden Bement (NSF Director), Mark Wrighton (Chairman of the Audit and Oversight Committee of the National Science Board), and Christine Boesz (Inspector General of the NSF). Others assisted in responding to questions.

Rep. Bob Inglis (R-SC), the Chairman of the Subcommittee, wrote in his opening statement [PDF] "Basic research is the lifeblood of innovation. It used to be that our large companies did the basic research -- companies like Bell Labs, IBM, and Xerox. They were supplemented by the work of the DOE, DOD, and NSF. Now, market pressures and shifting government priorities have pushed the burden almost entirely to the federal government, and, increasingly, NSF. Without NSF supporting basic research, our edge in science will slip away and an innovation gap will grow."

He added that "That's why I'm so concerned about the current NSF budget. Although there is a slight increase this year, it doesn’t make up for last year's cuts, and is still below the FY04 level."

Rep. Gil Gutknecht (R-MN) said that "We are going to ask you to do more with less, and we apologize for that."

Bement (at right) stated in his prepared testimony that "Investments in science and technology -- both public and private -- have driven economic growth and improved the quality of life in America for the last 200 years. They have generated new knowledge and new industries, created new jobs, ensured economic and national security, reduced pollution and increased energy efficiency, provided better and safer transportation, improved medical care, and increased living standards for the American people."

He added that "Investments in research and development are among the highest-payback investments a nation can make. Over the past 50 years technological innovation has been responsible for as much as half of the nation’s growth in productivity."

See also, prepared testimony [PDF] of Mark Wrighton and prepared testimony [PDF] of Christine Boesz.

Rep.Mike Sodrel (R-IN), whose district includes the University of Indiana, used the hearing to question Bement about the release and commercialization of government funded innovation, and intellectual property rights. Bement briefly explained the Bayh Dole Act, and stated that research results are disseminated, and that public sector resources are being used wisely to support the private sector.

The Bay Dole Act of 1980 is codified at 35 U.S.C. §§ 200, et seq. See also, Government Accountability Office (GAO) report [39 pages in PDF] titled "University Research: Most Federal Agencies Need to Better Protect against Financial Conflicts of Interest". This November 2003 report found that "The Bayh-Dole Act of 1980 has facilitated commercialization of university technology by giving universities, among others, the right to own their federally funded inventions and license them to businesses. As the importance of university research to technological innovation has increased, partnerships between universities and businesses have also grown, giving rise to concerns that financial conflicts of interest might restrict the dissemination of research results or bias the conduct or results of federally funded research."

One of the problems that the report identifies is that university researchers do not always make public their research findings or data. The report recommends the "development of uniform federal requirements for universities and other funding recipients to identify and resolve financial conflicts of interest that might bias the design, conduct, or reporting of federally funded research."

Rep. Sodrel also asked what is being do to prevent publicly funded research from being exported to foreign competitors. Bement said that much of the NDF funded research is being conducted by foreign graduate students, many of whom return to their countries. Bement added that researchers, and the fruits of research, tend to move globally.

3/10. The Senate approved S 256, the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005", by a vote of 74-25. See, Roll Call No. 254. The House has not yet passed this, or a similar, bill.

3/10. The Senate Commerce Committee amended and approved S 268, the "Training for Realtime Writers Act of 2005". This bill, which is sponsored by Sen. Tom Harkin (D-IA) and others, provides competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Telecommunications Act of 1996. See, S 268 as amended [11 pages in PDF], and Committee release. The Committee's original agenda for its March 10 meeting also included mark up of S __, a bill to reauthorize the National Telecommunications and Information Administration (NTIA). This item was removed from the agenda.

3/9. The House Judiciary Committee approved, without amendment, HR 1036, a bill to amend Title 17 to make technical corrections relating to copyright royalty judges.

3/9. The House Judiciary Committee approved, without amendment, HR 1037, a bill to make technical corrections to the statutory license for satellite carriers under 17 U.S.C. § 119.

3/9. The House Judiciary Committee approved, without amendment, HR 1038, the "Multidistrict Litigation Restoration Act of 2005". This bill, which is sponsored by Rep. James Sensenbrenner (R-WI), makes several changes to 28 U.S.C. § 1407. This bill was approved by voice vote as part of an en bloc package of five bills.

3/9. The House Judiciary Committee approved, without amendment, HConRes 53, expressing the sense of Congress regarding the issuance of the 500,000th design patent by the U.S. Patent and Trademark Office (USPTO).

3/9. The House Judiciary Committee approved, without amendment, by unanimous voice vote, minority subcommittee assignments. Rep. John Conyers (D-MI), the ranking Democrat on the full Committee, also quipped that Democrats are beating on the doors to get onto the Committee.

3/10. The U.S. Court of Appeals (10thCir) issued its opinion in Atlas Telephone Company v. Oklahoma Corporations Commission, an interconnection case involving rural telephone companies in the state of Oklahoma and commercial mobile radio service (CMRS) providers. The Court of Appeals affirmed the District Court's judgment, which affirmed the final orders of the Oklahoma Corporations Commission (OCC). This case is Atlas Telephone Company, et al. v. Oklahoma Corporations Commission, et al., and consolidated cases, U.S. Court of Appeals for the 10th Circuit, Nos. 04-6096 and 04-6101, appeals from the U.S. District Court for the Western District of Oklahoma, D.C. No. 03-CV-347-F.

3/9. The House Judiciary Committee approved S 167, the "Family Entertainment and Copyright Act of 2005", a large copyright bill, by voice vote.

This bill contains four separate copyright related parts. It includes the ART Act, which includes a provision that criminalizes certain uses of camcorders in movie theaters. It includes the Family Movie Act, which pertains to ClearPlay type content skipping technology. It also contains the Film Preservation Act and the Orphan Works Act.

The Senate approved this bill on February 1, 2005. See, story titled "Senate Approves Copyright Bill" in TLJ Daily E-Mail Alert No. 1,069, February 3, 2005. That story contains a more detailed summary of the contents of this bill.

The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property (CIIP) approved the bill on March 3, 2005. See, story titled "House CIIP Subcommittee Approves Family Entertainment and Copyright Act" in TLJ Daily E-Mail Alert No. 1,088, March 4, 2005.

The Committee did not amend the bill at the March 9 meeting. It was approved, along with four other bills, en bloc, on a voice vote. There was only one audible vote against the package. However, Rep. Mel Watt (D-NC) explained that he opposed an unrelated bill in the en bloc package, HR 1038.

Rep. Howard Berman (D-CA), the ranking Democrat on the CIIP Subcommittee, expressed his concern about one component of the bill, the Family Movie Act. Rep. Bobby Scott (D-VA) also stated he does not approve of the Family Movie Act.

Rep. Berman (at right) also engaged in a colloquy with Rep. James Sensenbrenner (R-WI), the Chairman of the full Committee, for the purpose of clarifying the legislative history of the Family Movie Act with respect to ad skipping.

He said that "We had a conversation last year about whether the bill might be read to provide a defense to manufacturers of ad skipping devices. You at that time argued that it could not, but promised to work with me to make that clear. We did that, and that resulted in the explicit language of HR 4077, from which this provision comes, which was in the bill last year, that passed the House. That specific language did not come over to us in the Senate bill. And, I was wondering if you would be willing to commit, as you did last year, to make sure that the Committee's report on the bill underscores the removal of the language in HR 4077 in no way renders the bill applicable in litigation over ad skipping."

Rep. Sensenbrenner responded that "I am happy to make sure that that will be in the Committee report, and instruct the staff on both sides of the aisle to make sure that the observations of the Gentlemen from California are contained in the Committee's report before it is final."

That is, Title II of S 167 is the Family Movie Act. It amends 17 U.S.C. § 110, which lists several exceptions to the exclusive rights of copyright. S 167 provides that the following is not an infringement of copyright: "the making imperceptible, by or at the direction of a member of a private household, of limited portions of audio or video content of a motion picture, during a performance in or transmitted to that household for private home viewing, from an authorized copy of the motion picture, or the creation or provision of a computer program or other technology that enables such making imperceptible and that is designed and marketed to be used, at the direction of a member of a private household, for such making imperceptible, if no fixed copy of the altered version of the motion picture is created by such computer program or other technology".

HR 4077 (108th Congress), which was approved by the House, but not the Senate, last year, further provided that this exception only applies if "no changes, deletions or additions are made by such computer program or other technology to commercial advertisements, or to network or station promotional announcements, that would otherwise be performed or displayed before, during or after the performance of the motion picture".

This qualification, which was in HR 4077, is not in the bill just approved by House Judiciary Committee.

Of course, the effect, if any, of this statement in the Committee report upon any interpretation of the statute by the judiciary remains to be seen.

The House will not meet.

The Senate will meet at 9:30 AM for morning business.

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.

The House will meet at 12:30 PM.

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.

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 S 394, 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.

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.

3:00 PM. The Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights and Property Rights will hold a hearing on obscenity prosecution and the Constitution. 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.

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.

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.

1:00 PM. The House Judiciary Committee's Subcommittee Crime, Terrorism, and Homeland Security will hold a hearing titled "Responding to Organized Crimes Against Manufacturers and Retailers". Immediately following the hearing, the Subcommittee will mark up HR 32, the "Stop Counterfeiting in Manufactured Goods Act". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

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.

3:30 PM. The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property will hold a hearing titled "Holmes Group, the Federal Circuit, and the State of Patent Appeals". See, opinion of the Supreme Court in Holmes Group, Inc. v. Vornada Air Circulation Systems, Inc. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking regarding revisions to its Schedule of Regulatory Fees. See, notice in the Federal Register, February 28, 2005, Vol. 70, No. 38, at Pages 9575-9606.

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