3/27. The Federal Election Commission (FEC) will meet on Monday, March 27, 2006, at 10:00 AM. The agenda includes consideration of final rules regarding the regulation of internet speech. See, agenda and draft rules [96 pages in PDF].

In addition, the House agenda for the week of March 27 again includes consideration of HR 1606, the "Online Freedom of Speech Act". See, Republican Whip Notice.

The House rejected HR 1606 on November 2, 2005, by a vote of 225-182. See, Roll Call No. 559. However, it was considered under suspension of the rules, which meant that a two thirds majority was required for approval. It failed because fewer that two thirds of the members voted for it. See also, stories titled "House Rejects Online Freedom of Speech Act" and "Commentary: Analysis of the Vote on HR 1606" in TLJ Daily E-Mail Alert No. 1,246, November 3, 2005.

The Federal Election Campaign Act (FECA), as amended by the Bipartisan Campaign Reform Act of 2002 (BCRA), which is also known as "McCain Feingold", requires, among other things, that the FCC write rules restricting political speech. The FECA, and regulations thereunder, nominally regulate the financial transactions of campaign contributions and expenditures. The FEC, in its first attempt to write rules, created an exemption for communications over the internet. Sen. McCain and Sen. Feingold, and two members of the House, challenged this rule in the U.S. District Court, and won. The Court held that the FEC could not exempt communications over the internet. The rules under consideration are a response to this Court opinion.

The subject of HR 1606, and one of the subjects of the draft rules, is the definition of "public communication". 2 U.S.C. § 431(22) provides that "The term ``public communication´´ means a communication by means of any broadcast, cable, or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public political advertising."

The FEC's draft rules now provide that "Public communication means a communication by means of any broadcast, cable, or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing or telephone bank to the general public, or any other form of general public political advertising. The term general public political advertising shall not include communications over the Internet, except for communications placed for a fee on another person's website."

The FEC's draft rules also revise the news media exemption. For example, the draft rules provide that "Any cost incurred in covering or carrying a news story, commentary, or editorial by any broadcasting station (including a cable television operator, programmer or producer), website, newspaper, magazine, or other periodical publication, including any Internet or electronic publication, is not a contribution unless the facility is owned or controlled by any political party, political committee, or candidate ..." (Parentheses in original.)

The draft rules also provide that certain uncompensated internet activity by individuals are neither contributions nor expenditures. For example, the draft rules provide as follows:

"(a) When an individual or a group of individuals, acting independently or in coordination with any candidate, authorized committee, or political party committee, engages in Internet activities for the purpose of influencing a Federal election, neither of the following is a contribution by that individual or group of individuals:
(1) the individual's uncompensated personal services related to such Internet activities:
(2) the individual's use of equipment or services for uncompensated Internet activities, regardless of who owns the equipment and services.
(b) Internet activities. For the purposes of this section, the term Internet activities includes, but is not limited to: sending or forwarding electronic messages; providing a hyperlink or other direct access to another person's website; blogging; creating maintaining or hosting a website; paying a nominal fee for the use of another person's website; and other forms of communications distributed over the Internet.
(c) Equipment and services. "Equipment and services" within the meaning of this section shall include, but are not limited to; computers, software, Internet domain names, Internet Service Provider (ISP), and any other technology that is used to provide access to or use of the Internet."

See also, stories titled "FBI Investigates FEC for Fraud and Corruption" and "CDT Releases Proposed Bill to Limit the FEC's Authority to Regulate Online Speech" in TLJ Daily E-Mail Alert No. 1,327, March 10, 2006; and story titled "House Committee Holds Hearing on Regulation of Internet Speech" in TLJ Daily E-Mail Alert No. 1,222, September 27, 2005.

3/22. The Supreme Court issued its opinion [51 pages in PDF] in Georgia v. Randolph. This is a 4th Amendment search and seizure case involving a warrantless search of a home for cocaine. The significance of this case for technology, if any, is that it deals with the question of whose consent is sufficient for a warrantless search when there are multiple persons who might be willing to express consent.

The Supreme Court held that when police go to a residence, and encounter two people, one of whom says the police can search, and one of whom says the police cannot search, the police must obtain a warrant before they can search.

The Supreme Court also wrote that the police may rely on the consent of anyone present who reasonably appears to have authority to consent. It added that police have no duty to ask a tenant, even if he is nearby, such as someone held in custody in a nearby police car.

There is also joint or shared control or ownership of servers and data stored on servers and computers. This case may protect drug dealers and wife beaters, who tend to be at the door to object to searches, but may not assist people who store data remotely, but tend not to be next to computer servers when the government comes for their confidential electronic information?

The Supreme Court did not address whether or not this case might be relied upon by law enforcement agencies that seek to obtain warrantless searches for electronic data, based upon the consent of some third party.

However, Chief Justice Roberts wrote a dissenting opinion that does touch on information technology. He wrote that "If two roommates share a computer and one keeps pirated software on a shared drive, he might assume that his roommate will not inform the government. But that person has given up his privacy with respect to his roommate by saving the software on their shared computer. A wide variety of often subtle social conventions may shape expectations about how we act when another shares with us what is otherwise private, and those conventions go by a variety of labels -- courtesy, good manners, custom, protocol, even honor among thieves. The Constitution, however, protects not these but privacy, and once privacy has been shared, the shared information, documents, or places remain private only at the discretion of the confidant."

This case is Georgia v. Randolph, Sup. Ct. No. 04-1067, a petition for writ of certiorari to the Supreme Court of Georgia. Justice Souter wrote the opinion of the Court, in which Justices Kennedy, Stevens, Ginsburg and Breyer joined. Justice Stevens also wrote a concurring opinion in which Justice Breyer joined. Chief Justice Roberts wrote a dissent, in which Justices Scalia and Thomas joined.

See also, March 23, 2006, opinion [PDF] of the U.S. Court of Appeals (8thCir) in USA v. Robert Elam, App. Ct. No. 04-4170.

3/24. The U.S. Court of Appeals (4thCir) issued its opinion [PDF] in Schwam v. XO Communications. The Court of Appeals affirmed the judgment of the District Court for XO. Schwam was salesman for XO on federal government sales who worked for commissions. XO terminated his employment, but did not pay him commissions on sales to government agencies that Schwam generated, but for which payment was not made until after XO terminated him. He filed a complaint in U.S. District Court (EDVa) alleging breach of contract and unjust enrichment. The District Court granted summary judgment to XO. The Court of Appeals affirmed. This case is Jayson Schwam v. XO Communications, Inc., U.S. Court of Appeals for the 4th Circuit, App. Ct. No. No. 05-1060, an appeal from the U.S. District Court for the Eastern District of Virginia, at Alexandria, D.C. No. 04-351-1, Judge Gerald Bruce Lee presiding. The Court of Appeals wrote that this opinion is unpublished, and that "Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c)."

3/17. The U.S. Court of Appeals (NDCal) issued an order [21 pages in PDF] in Gonzales v. Google, that grants in part, and denies in part, the Department of Justice's (DOJ) request that Google "compile and produce a massive amount of information from Google's search index", and that Google "turn over a significant number of search queries entered by Google users". The DOJ subpoenaed Google to obtain evidence for an action pending in the U.S. District Court (EDPa), ACLU v. Reno, pertaining to the constitutionality of the Child Online Protection Act (COPA) which is codified at 47 U.S.C. § 231. The present action is Alberto Gonzales v. Google, Inc., U.S. District Court for the Northern District of California, San Jose Division, D.C. No. CV 06-8006MISC JW, Judge James Ware presiding.

3/14. The U.S. Court of Appeals (9thCir) issued its opinion [PDF] in Suevel v. Connell, an 11th Amendment immunity case involving the state of California's confiscation of individuals' stock under a wrongful escheat scheme. This case builds on the 9th Circuit's March 29, 2005, opinion [22 pages in PDF] in Taylor v. Westly. See, story titled "9th Circuit Rejects California's 11th Amendment Defense of Bogus Escheat of Intel Stock" in TLJ Daily E-Mail Alert No. 1,106, March 30, 2005. Taylor is a former Intel employee who had not died intestate, or abandoned his stock. Nevertheless, California seized his stock, and then attempted to hide behind 11th Amendment immunity when he sued. The present case is a class action brought on behalf of persons whose stock was confiscated by California. The District Court granted judgment to California. The Court of Appeals vacated and remanded. In both cases, the Court of Appeals drew a distinction between claims for money (which are barred by the 11th Amendment) and claims for prospective injunctive relief (which are not). The Court of Appeals wrote that "The district court erred because it overlooked that part of what the class requests is the return of its own property, not compensation from state funds for property permanently taken from it. In a case related to the present one, this court recently held that the Eleventh Amendment does not bar a request for the return of a plaintiff’s property if the complaint alleges that state officials acted either ultra vires or unconstitutionally", citing Taylor v. Westly. The Court of Appeals continued that "Because, like the complaint in Taylor, the complaint here alleges that state officials seized and retained the class's property through ultra vires and unconstitutional acts, the Eleventh Amendment does not bar the class from suing to obtain its property back from the Controller." The 11th Amendment also shields states from suits for monetary damages for infringement of copyrights and patents, and other violations of intellectual property rights. This case is Agnes Suevel, et al. v. Kathleen Connell, et al.,U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 04-15555, an appeal from the U.S. District Court for the Northern District of California, D.C. No. CV-03.00156-RS. Judge Carlos Bea wrote the opinion of the Court of Appeals, in which Judges Betty Fletcher and Michael Daly Hawkins joined.

3/24. Rep. Bob Inglis (R-SC) announced in a release that he will introduce a bill in the House that would create a federal government program to give financial prizes for the "best technology advancements in hydrogen production, storage, distribution, and utilization". He added that "I envision a grand prize perhaps as much as $100 million". This bill pertains to energy technology, and not information technology, or technology generally. However, if enacted into law, this would mark a change in how the government seeks to promote innovation. The primary means by which the federal government seeks to incent innovation is by creating property rights regimes, granting inventors or authors exclusive rights, for limited times, in their inventions and expressions, thereby allowing them an opportunity to obtain a financial return through market transactions. Other current means include direct federal subsidization of research, and tax policies -- especially the research and development tax credit. Rep. Inglis proposes to incent innovation by having the government grant post-invention awards. The federal government already has the non-financial National Medal of Technology program. Awards in that program are affected by political influence and political campaign contributions. See, story titled "Commentary: National Medal of Technology Program" in TLJ Daily E-Mail Alert No. 1,312, February 17, 2006.

3/22. Earl Comstock, head of Comptel, criticized the Federal Communications Commission's (FCC) inaction which, by operation of law, granted Verizon's December 20, 2004, petition for forbearance from Title II of the Communications Act, and the FCC's Computer Inquiry rules. See, story titled "FCC Announces that Verizon Petition for Forbearance is Deemed Granted" in TLJ Daily E-Mail Alert No. 1,334, March 22, 2006. Comstock wrote in a release that the action "represents the height of irresponsibility by a federal official. With this action the Chairman has unilaterally abdicated the Commission's responsibilities with respect to oversight of Verizon's common carrier service offerings. As a result, competition and consumers are now at the mercy of Verizon's financial self-interest. If history is any guide, there will be predictable adverse results." Comstock added that "What makes this action particularly egregious is that Verizon has already been granted significant regulatory relief through previous actions championed by the Chairman, and two similar petitions by AT&T and Bell South were withdrawn after those actions. Verizon alone thumbed its nose at the Chairman by not withdrawing its petition, and the Chairman has knuckled under to its bullying tactics."

3/21. The Cato Institute published a paper [28 pages in PDF] titled "Circumventing Competition: The Perverse Consequences of the Digital Millennium Copyright Act". The author is Timothy Lee. It is a criticism of the anti-circumvention provisions of the DMCA. Lee asserts that "the copyright industry is exerting increasing control over playback devices, cable media offerings, and even Internet streaming. Some firms have used the DMCA to thwart competition by preventing research and reverse engineering. Others have brought the weight of criminal sanctions to bear against critics, competitors, and researchers." He argues that "but people should be free to circumvent copy protection for purposes that are otherwise lawful."

3/20. The Progress and Freedom Foundation (PFF) published a paper [30 pages in PDF] titled "Fact and Fiction in the Debate Over Video Game Regulation". The author is Adam Thierer. He argues that legislative proposals to regulate video games "are being driven by a variety of myths and hypothetical fears that should not serve as the basis of government intervention and content controls. Self-regulation is working. The industry has created a comprehensive ratings and labeling system that offers parents and consumers extensive information about game content. While the enforcement of this scheme at the point-of-sale isn’t perfect, it is improving and certainly represents a less-restrictive means of addressing this issue than would a convoluted and likely unconstitutional federal regulatory regime." The bill specifically criticizes S  2126, the "Family Entertainment Protection Act", sponsored by Sen. Hillary Clinton (D-NY), Sen. Joe Lieberman (D-CT), and Sen. Evan Bayh (D-IN).

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The House will not meet. It will next meet on Tuesday, March 28. See, Republican Whip Notice.

The Senate will meet at 1:00 PM. It will resume consideration of of S 2349, the "Legislative Transparency and Accountability Act of 2006".

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 1768, a bill to permit the televising of Supreme Court proceedings, S 829, the "Sunshine in the Courtroom Act of 2005", S __, the Chairman's mark of a comprehensive immigration reform bill, S 2453, the "National Security Surveillance Act of 2006", and S 2455, the "Terrorist Surveillance Act of 2006". The agenda also includes consideration of several nominations, including Steven Bradbury (to be Assistant Attorney General in charge of the Office of Legal Counsel), Patrick Schiltz (to be Judge of the U.S. District Court for the District of Minnesota), and Randy Smith (to be a Judge of the U.S. Court of Appeals for the Ninth Circuit). See also, Sen. Dianne Feinstein's (D-CA) statement regarding placing a hold on this nomination. See, notice. The SJC frequently cancels or postpones meetings without notice. The SJC rarely follows its published agenda. 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.

10:00 AM. The Federal Election Commission (FEC) will meet. The agenda includes consideration of final rules regarding the regulation of internet speech. See, agenda and draft rules [96 pages in PDF]. Location: FEC, 999 E Street, NW.

Effective date of the U.S. Patent and Trademark Office's (USPTO) interim rule revising the rules of practice relating to the filing date requirements for ex parte and inter partes reexamination proceedings. See, notice in the Federal Register, February 23, 2006, Vol. 71, No. 36, at Pages 9260-9262.

The House will return from its St. Patrick's Day District Work Period. It will meet at 2:00 PM for legislative business. Votes will be postponed until 6:30 PM. The House will consider numerous non-technology related items under suspension of the rules. See, Republican Whip Notice.

8:30 AM - 12:30 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Privacy and Data Security for Communications & Media Companies". See, registration form [PDF]. The price to attend ranges from $50 to $200. Location: Covington & Burling, 1201 Pennsylvania Ave., NW.

TIME AND LOCATION CHANGE. 9:00 AM. The Senate Judiciary Committee (SJC) may hold a partially closed hearing titled "NSA III: War Time Executive Power and the FISA Court". See, notice. The SJC frequently cancels or postpones hearings without 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 219, Hart Building.

9:00 AM - 5:15 PM. The Catholic University Law School's Journal of Communications Law and Policy will host its annual communications law symposium. See, agenda. Location: Catholic University of America, Columbus School of Law, 3600 John McCormack Rd., NE.

2:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Science, the Departments of State, Justice, and Commerce, and Related Agencies will hold a hearing on the Federal Bureau of Investigation (FBI). The hearing will be webcast by the HAC. Location: Room 2359, Rayburn Building.

2:30 PM.  The Senate Judiciary Committee (SJC) may hold a hearing on pending judicial nominations. The SJC frequently cancels or postpones hearings without 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.

Extended deadline to submit reply comments to the Federal Communications Commission's (FCC) Notice of Proposed Rulemaking (NPRM) [26 pages in PDF] regarding Section 621(a)(1)'s directive that local franchising authorities (LFAs) not unreasonably refuse to award competitive franchises. The FCC adopted this NPRM on November 3, 2005, and released it on November 18, 2005. It is FCC 05-189 in MB Docket No. 05-311. See, notice in the Federal Register, December 14, 2005, Vol. 70, No. 239, at Pages 73973 - 73980. See also, story titled "FCC Adopts NPRM Regarding Local Franchising of Video Services" in TLJ Daily E-Mail Alert No. 1,247, November 4, 2005. See, FCC notice [MS Word] of March 7, 2006.

The House will meet at 10:00 AM for legislative business. The agenda again includes consideration of HR 1606, the "Online Freedom of Speech Act". See, Republican Whip Notice.

9:30 AM. The Senate Judiciary Committee (SJC) may hold a hearing on judicial nominations. The SJC frequently cancels or postpones meetings without 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.

10:00 AM. The House Judiciary Committee (HJC) will meet to mark up two bills. One item on the agenda is mark up of HR 1956, the "Business Activity Tax Simplification Act of 2005", sponsored by Rep. Bob Goodlatte (R-VA) and Rep. Rick Boucher (D-VA). This bill would protect and promote businesses that engage in e-commerce by limiting the ability of states to impose business activity taxes (BATs) on out of state businesses without a presence in the state. See, stories titled "House Subcommittee to Hold Hearing on Goodlatte Boucher BAT Bill" in TLJ Daily E-Mail Alert No. 1,219, September 22, 2005, and House Subcommittee Holds Hearing on State Business Activity Taxes" in TLJ Daily E-Mail Alert No. 1,223, September 28, 2005. The meeting will be webcast by the HJC. See, notice. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

TIME CHANGE. 10:00 AM. The Senate Commerce Committee's (SCC) Subcommittee on Technology will hold a hearing titled "Importance of Basic Research to United States' Competitiveness". The hearing will address "basic research in the physical sciences impacts both long-term economic development in the United States and the ability of American industry to remain globally competitive". The witnesses will be John Marburger (Director of the EOP's Office of Science and Technology Policy), Arden Bement (Director of the National Science Foundation), William Jeffrey (Director of the National Institute of Standards and Technology), Leonard Pietrafesa (National Oceanic and Atmospheric Administration), Steven Knapp (Provost of Johns Hopkins University), and Philip Ritter (Texas Instruments), and Adam Drobot (Telcordia). See, notice. Sen. John Ensign (R-NV) will preside. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. Location: Room 562, Dirksen Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Defense will hold a hearing titled "National Foreign Intelligence Program". The HAC notice states "MEMBERS ONLY". Location: Room H-140, Capitol Building.

10:00 AM. The Senate Finance Committee will hold a hearing titled "U.S. -- China Economic Relations Revisited". See, notice. Location: Room 215, Dirksen Building.

10:00 AM. The House Financial Services Committee's (HFSC) Subcommittee on Capital Markets will hold a hearing titled "Fostering Accuracy and Transparency in Financial Reporting". Location: Room 2128, Rayburn House Office Building.

10:00 AM. The Supreme Court will hear oral argument in eBay v. MercExchange, Sup. Ct. No. 05-130. See, Supreme Court calendar [PDF], Supreme Court docket, March 16, 2004, opinion [31 pages in PDF] of the Court of Appeals (FedCir), and story titled "Supreme Court to Consider Availability of Injunctive Relief in Patent Cases" in TLJ Daily E-Mail Alert No. 1,261, November 29, 2005. Arguments begin at 10:00 AM. This case is second on the schedule. 90 minutes has been scheduled for the first case.

12:00 NOON. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host a brown bag lunch. The FCBA notice states that "Staff of the Office of Engineering and Technology to discuss how counsel can more effectively and efficiently represent their clients to the Commission, and how the FCC’s staff can better serve the practitioners' needs. This discussion will include management and staff from the OET front office and from the Laboratory Division." Location: FCC, Room 5-B516, 445 12 St., SW.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host a luncheon. The speakers will be Frank Ahrens (Washington Post), Edie Herman (Communications Daily), Jennifer Kerr (AP), Paul Kirby (Telecommunications Reports), Jeremy Pelofsky (Reuters), and Amy Schatz (Wall Street Journal). The price to attend ranges from $10-$40. Reservations and cancellations are due by 5:00 PM on March 23. See, registration form [PDF]. Location: Sidley Austin, 1501 K Street, NW.

1:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Military Quality of Life and Veterans Affairs, and Related Agencies will hold a hearing titled "VA/DHP Information Technology". Location: Room H-143, Capitol Building.

TIME CHANGE. 1:30 - 4:45 PM. The Copyright Office will hold one in a series of hearings on possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. See, CO schedule. See also, notice in the Federal Register, February 23, 2006, Vol. 71, No. 36, at Pages 9302-9303. See also, stories titled "Copyright Office Announces Proceeding on DMCA Anti-Circumvention Exemptions" in TLJ Daily E-Mail Alert No. 1,229, October 7, 2005, and "Copyright Office Announces Hearings on Exemptions to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 1,318, February 27, 2006. Location: Mumford Room, LM-649, James Madison Building, Library of Congress, 101 Independence Ave., SE.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property (CIIP) will hold an oversight hearing titled "Remedies for Small Copyright Claims". The hearing will be webcast by the HJC. See, notice. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

2:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on the Constitution, Civil Rights and Property Rights may hold a hearing on state regulation of violent video games and the First Amendment. The SJC frequently cancels or postpones hearings without 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.

2:30 - 3:30 PM. The U.S. Chamber of Commerce will host an event titled "Intellectual Property Roundtable featuring Julie Myers". Myers is the new Assistant Secretary for Immigration and Customs Enforcement at the Department of Homeland Security (DHS). See, notice. For more information, contact Scott Eisner ncfevents at uschamber dot com or 202 463-5500. Location: U.S. Chamber, 1615 H St., NW.

2:00 PM? or 3:00 PM? The House Homeland Security Committee' (HHSC) Subcommittee on Management, Integration and Oversight and the House Government Reform Committee's Subcommittee on Government Management, Finance and Accountability will hold a joint hearing titled "Department of Homeland Security Information Technology Challenges and the Future of eMerge2". Scott Charbo (DHS Chief Information Officer) will testify. For more information, contact 202- 282-8010 (DHS), Location: Room 2247, Rayburn Building.

5:15 PM. Deadline to submit to the U.S. International Trade Commission (USITC) requests to appear at its April 20, 2006, hearing on the probable economic effects of the proposed U.S.-Republic of Korea Free Trade Agreement. See, notice in the Federal Register, February 28, 2006, Vol. 71, No. 39, at Pages 10066-10067.

The House will meet at 10:00 AM for legislative business. The agenda again includes consideration of HR 1606, the "Online Freedom of Speech Act". See, Republican Whip Notice.

9:00 AM. The House Judiciary Committee's (HJC) Subcommittee on on Immigration, Border Security, and Claims will hold an oversight hearing titled "Should Congress Raise the H1B Cap?". The hearing will be webcast by the HJC. See, notice. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will meet to mark up HR __, a committee print of a bill to be titled the "Communications Opportunity, Promotion, and Enhancement Act of 2006". See, notice. Press contact: Larry Neal (Barton) at 202 225-5735. The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

TIME CHANGE. 10:00 AM. The Senate Commerce Committee will mark up S 2389, the "Protecting Consumer Phone Records Act". See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991 or Andy Davis (Inouye) at 202 224-4546. Location: Room 562, Dirksen Building.

10:00 AM. The House Science Committee (HSC) will hold a hearing titled "K-12 Science and Math Education Across the Federal Agencies". The witnesses will be Margaret Spellings (Secretary of Education), Arden Bement (Director of the National Science Foundation), John Kelly (Deputy Undersecretary of Commerce for Oceans and Atmosphere, National Oceanic and Atmospheric Administration), Shana Dale (National Aeronautics and Space Administration), and James Decker (Office of Science, Department of Energy). Press contact: Joe Pouliot at 202-225-4275 or joe dot pouliot at mail dot house dot gov. For more information, contact Kara Haas (Republican staff) at 202 -225-7858 or Jim Wilson (Democratic staff) at 202-225-6375. Location: Room 2318, Rayburn Building.

10:00 AM - 12:30 PM. The Department of State's (DOS) Advisory Committee on International Communications and Information Policy (ACICIP) will meet. See, notice in the Federal Register, February 23, 2006, Vol. 71, No. 36, at Pages 9407-9408. Richard Wiley, Chairman of the ACICIP, and attorney at the law firm of Wiley Rein & Fielding, will preside. David Gross, Deputy Assistant Secretary and U.S. Coordinator for International Communications and Information Policy, will speak. The DOS states that admittance is only by means of a pre-arranged clearance list. March 28 is the deadline to request to attend is March 28. Location: Loy Henderson Auditorium, Harry Truman Building, DOS, 2201 C Street, NW.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Practice Committee will host a brown bag lunch. The speakers will be FCC International Legal Advisors. For more information, contact Wendy Parish at wendy at fcba dot org or LeJuan Butler at 202 778-3501. Location: United Nations Foundation, 1225 Connecticut Ave., NW, 4th Floor.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee and Cable Practice Committee will host a brown bag lunch. The topic will be video local franchising. The speakers will be Libby Beatty (National Association of Telecommunications Officers & Advisors), Leora Hochstein (Verizon), and Diane Burstein (National Cable & Telecommunications Association). RSVP by 12:00 NOON on March 27 to Quyen Truong at ttruong at dowlohnes dot com. Location: Dow Lohnes & Albertson, 8th floor, 1200 New Hampshire Ave., NW.

1:00 - 3:00 PM. The Federal Communications Commission's (FCC) Wireless Telecommunications Bureau and the Consumer and Governmental Affairs Bureau will hold a public demonstration of changes to be made to Tower Construction Notification System (TCNS). See, notice [PDF]. The event will be webcast by the FCC. Location: FCC, 6th Floor South Conference Room (Room 6-B516), 445 12th St., SW.

TIME CHANGE. 2:30 PM. The Senate Commerce Committee will hold a hearing titled "Competition and Convergence". The witnesses will be Kyle McSlarrow (National Cable and Telecommunications Association), Earl Comstock (Comptel), Walter McCormick (US Telecom), Steve Largent (CTIA-The Wireless Association), Jerry Ellig (George Mason University), and Mark Cooper (Consumer Federation of America). See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991 or Andy Davis (Inouye) at 202 224-4546. Location: Room 562, Dirksen Building.

6:00 - 9:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers, Wireless and Common Carrier Committees will host an event titled "Young Lawyers Committee Spring Happy Hour". For more information, contact Paul Feldman at 703-812-0403 or feldman at fhhlaw dot com, Jennifer Tatel at 202-736-8038 or jtatel at sidley dot com, or Chris Fedeli at 202-828-9874 or cfedeli at crblaw dot com. Location: Panache, 1825 Desales St., NW.

The House may meet at 10:00 AM for legislative business. The agenda again includes consideration of HR 1606, the "Online Freedom of Speech Act". See, Republican Whip Notice.

8:30 AM - 12:00 NOON. The Electronic Transactions Association (ETA) will host an event titled "Card Processing Industry Education Program". See, agenda [PDF]. For more information, contact Rob Drozdowski at 202-828-2635 ext. 203 or rob dot drozdowski at electran dot org. Location: Columbus Room, Union Station.

9:30 AM - 4:00 PM. The Copyright Office (CO) will hold one is a series of hearings on possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. See, CO schedule. See also, notice in the Federal Register, February 23, 2006, Vol. 71, No. 36, at Pages 9302-9303. See also, stories titled "Copyright Office Announces Proceeding on DMCA Anti-Circumvention Exemptions" in TLJ Daily E-Mail Alert No. 1,229, October 7, 2005, and "Copyright Office Announces Hearings on Exemptions to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 1,318, February 27, 2006. Location: Mumford Room, LM-649, James Madison Building, Library of Congress, 101 Independence Ave., SE.

9:45 AM. The U.S. District Court (DC) will hold a status conference in ACLU v. FBI, D.C. No. 2005-cv-01004-ESH. Location: Courtroom 18, 333 Constitution Ave., NW.

11:00 AM. Federal Communications Commission (FCC) Commissioner Deborah Tate will hold a news conference. The FCC's notice states that this is a "briefing for members of the media" and that attendees should RSVP to Meribeth McCarrick at 202-418-0654 or Meribeth dot McCarrick at fcc dot gov. Location: FCC, Room 8A204, 445 12th St., SW.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a program titled "Orphan Works: A Search for Solutions". The speaker will be Jule Sigall, Associate Register for Policy & International Affairs at the Copyright Office. See, notice. For more information, contact Eileen Goulding at egoulding at pff dot org or 202-289-8928. Press contact: Patrick Ross at 202 289-8928. Location: Room B-369, Rayburn Building.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its Draft Special Publication 800-88 [40 pages in PDF], titled "Guidelines for Media Sanitization".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its Draft Special Publication 800-53 (Revision 1) [130 pages in PDF], titled "Recommended Security Controls for Federal Information Systems".

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Xerox v. 3Com, No. 2004-1470. Location: Courtroom 201, 717 Madison Place, NW.

9:30 AM - 12:30 PM. The Copyright Office will hold one in a series of hearings on possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. See, CO schedule. See also, notice in the Federal Register, February 23, 2006, Vol. 71, No. 36, at Pages 9302-9303. See also, stories titled "Copyright Office Announces Proceeding on DMCA Anti-Circumvention Exemptions" in TLJ Daily E-Mail Alert No. 1,229, October 7, 2005, and "Copyright Office Announces Hearings on Exemptions to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 1,318, February 27, 2006. Location: Mumford Room, LM-649, James Madison Building, Library of Congress, 101 Independence Ave., SE.

11:00 AM - 2:00 PM. The American Enterprise Institute (AEI) will host a program titled "The Future of U.S. Trade Policy". There will be a panel discussion at 11:00 AM. The speakers will be Claude Barfield (AEI), Lael Brainard (Brookings Institution), Jeffrey Schott (Institute for International Economics), and James Glassman (AEI). Rep. Bill Thomas (R-CA), the Chairman of the House Ways and Means Committee, will give the luncheon address, titled "The Doha Merry-Go Round: When the Music Stops Will the U.S. Be Up or Down?". See, notice. Press contact: Veronique Rodman at 202-862-4870 or VRodman at aei dot org. For more information, contact Daniel Geary at 202-862-5940 or DGeary at aei dot org. Location: 12th floor, 1150 17th St., NW.

5:15 PM. Deadline to submit to the U.S. International Trade Commission (USITC) pre-hearing statements and briefs regarding the probable economic effects of the proposed U.S.-Republic of Korea Free Trade Agreement. (The hearing is scheduled for April 20.) See, notice in the Federal Register, February 28, 2006, Vol. 71, No. 39, at Pages 10066-10067.

Day one of a two day conference hosted by pulvermedia and Isen.com titled "Internet Freedom Conference". See, conference web site. Press Contact: Bage Anderson at 254 772-5909 or bage at weinkrantz dot com. The scheduled speakers include Rep. Rick Boucher (D-VA) and former FCC Chairman Reed Hundt. Location: AFI Silver Theater, Silver Spring, MD.