9/13. The Senate approved S 1902, the "Children and Media Research Advancement Act'' or "CAMRA Act'', by unanimous consent. This bill authorizes the appropriation of $90 Million over five years to establish and fund a program on children and the media at the Centers for Disease Control and Prevention to study the role and impact of electronic media in the development of children. There was no debate, and no roll call vote.

Sen. Joe Lieberman (D-CT) introduced this bill on October 20, 2005. Sen. Ted Stevens (R-AK) moved its approval on September 13.

The bill provides for studies to be conducted on the effect of electronic media, "including television, motion pictures, DVD's, interactive video games, digital music, the Internet, and cell phones", on youth.

These studies would examine the effect upon "Cognitive areas such as language development, attention span, problem solving skills (such as the ability to conduct multiple tasks or `multitask'), visual and spatial skills, reading, and other learning abilities.", "Physical areas such as physical coordination, diet, exercise, sleeping and eating routines", and "Socio-behavioral areas such as family activities and peer relationships including indoor and outdoor play time, interactions with parents, consumption habits, social relationships, aggression, and positive social behavior."

Rep. Ed Markey (D-MA) introduced the companion bill in the House, HR 4124, also titled the "Children and Media Research Advancement Act", on October 24, 2005. That bill was referred to the House Commerce Committee.

9/14. The Senate approved Sen. Jim DeMint's (R-SC) national alert system amendment to HR 4954, the port security bill, by a vote of 95-0, on Tuesday, September 12, 2006. See, Roll Call No. 240. The Senate approved the port security bill, as amended, on Thursday, September 14.

This is Amendment No. 4921. It contains a revised version of S 1753, the "Warning, Alert, and Response Network Act", or "WARN Act".

Sen. DeMint (at right) introduced S 1753 on September 22, 2005. The Senate Commerce Committee amended and approved this bill on December 8, 2005.

The DeMint amendment, as adopted by the Senate on September 12, provides that "There is established a National Alert System to provide a public communications system capable of alerting the public on a national, regional, or local basis to emergency situations requiring a public response."

It adds that the "National Alert System ... will transmit alerts across the greatest possible variety of communications technologies, including digital and analog broadcasts, cable and satellite television, satellite and terrestrial radio, wireless communications, wireline communications, and the Internet to reach the largest portion of the affected population."

The amendment instructs the Federal Communications Commission (FCC) to write rules designed to impel FCC wireless licensees to transmit National Alert System alerts.

The amendment provides that "Within 60 days after the date on which the National Alert Office adopts relevant technical standards based on recommendations of the Working Group, the Federal Communications Commission shall initiate a proceeding and subsequently issue an order -- (A) to allow any licensee providing commercial mobile service (as defined in section 332(d)(1) of the Communications Act of 1934 (47 U.S.C. 332(d)(1))) to transmit National Alert System alerts to all subscribers to, or users of, such service; and (B) to require any such licensee who elects under paragraph (2) not to participate in the transmission of National Alert System alerts, to provide clear and conspicuous notice at the point of sale of any devices with which its service is included, that it will not transmit National Alert System alerts via its service."

Sen. Jon Cornyn (R-TX) stated in the Senate on September 12 that "The amendment will create a national alert office within the Department of Homeland Security and will ensure that the office will work closely with the National Oceanic and Atmospheric Administration, NOAA, to bring together the wealth of expertise in both of these agencies to create an alert system that will transmit alerts in response to all threats to public safety, whether they are a terrorist attack, a natural disaster or a manmade accident."

"The amendment directs this new office to develop a 21st century alert system that takes advantage of new technologies", said Sen. Cornyn. "The new system would use multiple modes of communication, providing alerts not only by television and radio but also cell phones, Blackberries, and other wireless devices such as the Internet, satellite television, and other means of communication."

Sen. Ted Stevens (R-AK), the Chairman of the SCC, stated "I think we are closer to passing the WARN Act. We have been working for 3 years through the Homeland Security and appropriations bill to move DHS to improve the national alerting system. This amendment is a large step forward."

"The purpose of this amendment", said Sen. Stevens, is "to move the emergency alert system out of the area of broadcast radio and television into the wireless era. We need to give the Nation an alerting system that harnesses all the capabilities of the digital age. When disaster strikes, we know not everyone will be listening to the radio or television, but almost all Americans will be carrying a mobile phone, a Blackberry, or a PDA. There are over 200 million wireless subscribers in the United States."

He continued that "This amendment will provide a tool for emergency managers at all levels of Government--Federal, State, or local--so they can quickly and effectively reach all affected individuals with specific lifesaving instructions. In addition to the threat posed by terrorist attacks, this system, the system created by this amendment, will give our managers the ability to alert communities of other hazards such as natural disasters or manmade accidents."

Sen. Stevens added that "It is already funded. I worked during last year's budget reconciliation bill to provide $106 million for this program."

9/13. The House Judiciary Committee (HJC) amended and approved HR 5418, an untitled bill that would establish a limited ten year pilot program in a least five U.S. District Courts to develop expertise in judges and court staff in patent and plant variety cases. This pilot program would further facilitate, but not require, the assignment of patent and plant variety case to judges participating in the pilot program. Judges' participation would be voluntary.

See also, story titled "Reps. Issa and Schiff Introduce Bill to Create Pilot Program for Specialized Patent Judges" in TLJ Daily E-Mail Alert No. 1,376, May 23, 2006. The sponsors are Rep. Darrell Issa (R-CA) and Rep. Adam Schiff (D-CA)

The HJC approved by unanimous voice vote an amendment in the nature of a substitute (AINS). It then approved the bill as amended, by unanimous voice vote.

No members of the HJC spoke in opposition to the bill. However, both Rep. Howard Berman (D-CA) and Rep. Schiff argued that the Committee should approve this bill as a part of comprehensive patent reform legislation.

The bill would also authorize the appropriation of $5 Million per year for training judges participating in the pilot program, and for "compensation of law clerks with expertise in technical matters arising in patent and plant variety protection cases, to be appointed by the courts designated under subsection (b) to assist those courts in such cases".

The program would not require that patent cases to be assigned to certain judges. Rather, judges in the participating districts would elect whether or not to be in the program. Any participating judge who is randomly assigned a patent case would keep that case. Any non-participating judge who is randomly assigned a patent case would have the option of having that case reassigned to a participating judge.

Rep. Issa (at right) said at the HJC meeting that the AINS makes some changes. For example, "in order to insure that this does not end up being forum shopped, or that it does not end up being in small districts, the change will require that in order to be a member of a patent pilot program, you must be a district that has at least ten judges, with at least three opting-in."

Rep. Issa also issued a release on September 13. He stated that "The core intent of the pilot program is to steer patent cases to judges that have the desire and aptitude to hear patent cases, while preserving the principle of random assignment to help avoid forum shopping."

The bill as introduced requires the Administrative Office of U.S. Courts (AOUSC) to submit reports to the Congress on the pilot program, including its success in developing judicial expertise in patent and plant variety cases, its improvement of the efficiency of the courts, and whether or not the program should be made permanent and applied to all district courts.

The AINS would add the requirement that the AOUSC's reports also include a comparison of participating judges to non-participating judges in reversal rates and the time that it takes them to proceed to trial or summary judgment.

The AINS also requires the AOUSC to report on forum shopping. Specifically, the AINS requires that AOUSC reports include a "discussion of any evidence indicating that litigants select certain of the judicial districts designated" to participate in the pilot program "in an attempt to ensure a given outcome".

The HJC Subcommittee on Courts, the Internet, and Intellectual Property's (CIIP) held a hearing on October 6, 2005, titled "Improving Federal Court Adjudication of Patent Cases". One of the witnesses was Kimberly Moore, who was confirmed on September 5, 2006 to be a Judge of the U.S. Court of Appeals for the Federal Circuit.

She wrote in her prepared testimony that there is forum shopping by patentees, and that this gives them an unfair advantage. She wrote that "I propose that a single judge or a small number of judges in each judicial district be designated to adjudicate all the patent cases filed there. To the extent possible, the docket of the designated judge should not be limited to patent cases. Ideally, the judge who is appointed to this role would be technically educated or trained and/or have a patent background. This proposal would considerably limit the number of potential judges who would preside over patent cases and increase predictability without loosing the percolation and considered development of the law." See also, story titled "Bush Nominates Kimberly Moore for Federal Circuit" in TLJ Daily E-Mail Alert No. 1,374, May 19, 2006.

Neither Moore's proposal, nor HR 5418, would do anything to allow a change of venue in a patent case from one district to another. However, other proposals would allow this. See for example, Section 7 of HR 5096 [22 pages in PDF], the "Patents Depend on Quality Act of 2006", or "PDQ Act", sponsored by Rep. Rick Boucher (D-VA) and Rep. Berman.

Gary Shapiro, head of the Consumer Electronic Association (CEA), praised the bill. He stated in a release that ""Patent litigation is a cumbersome process, presided over by judges who may have limited familiarity with the unique technical intricacies of patent law. By increasing the patent expertise of judges, the process will be streamlined and the high number of patent appeals from District Courts to the Federal Court will be reduced."

9/13. The House Judiciary Committee (HJC) amended and approved HR 5418 on September 13, 2006. The following text shows how the amendment in the nature of a substitute changes the bill as introduced. Deletions are shown in strikethrough. Additions are show in red. (Readers whose e-mail software deletes HTML formatting may not observe which text is strikethrough and which is red.)

SECTION 1. PILOT PROGRAM IN CERTAIN DISTRICT COURTS.

(a) Establishment ESTABLISHMENT.---

(1) IN GENERAL- There is established a program, in each of the United States district courts designated under subsection (b), under which--

(A) those district judges of that district court who request to hear cases under which one or more issues arising under any Act of Congress relating to patents or plant variety protection must be decided, are designated by the chief judge of the court to hear those cases;

(B) cases described in subparagraph (A) are randomly assigned to the judges of the district court, regardless of whether the judges are designated under subparagraph (A);

(C) a judge not designated under subparagraph (A) to whom a case is assigned under subparagraph (B) may decline to accept the case; and

(D) a case declined under subparagraph (C) is randomly reassigned to one of those judges of the court designated under subparagraph (A).

(2) SENIOR JUDGES- Senior judges of a district court may be designated under paragraph (1)(A) if at least one 1 judge of the court in regular active service is also so designated.

(3) RIGHT TO TRANSFER CASES PRESERVED- This section shall not be construed to limit the ability of a judge to request the reassignment of or otherwise transfer a case to which the judge is assigned under this section, in accordance with otherwise applicable rules of the court.

(b) Designation DESIGNATION.--- The Director of the Administrative Office of the United States Courts shall, not later than 6 months after the date of the enactment of this Act, designate not less than 5 United States district courts, in at least 3 different judicial circuits, in which the program established under subsection (a) will be carried out. The Director shall make such designation from among the 15 district courts in which the largest number of patent and plant variety protection cases were filed in the most recent calendar year that has ended except that the Director may only designate a court in which ---

(1) at least 10 district judges are authorized to be appointed by the President, whether under section 133(a0 of title 28, United States Code, or on a temporary basis under other provisions of law; and

(2) at least 3 of the court have made the request under subsection (a)(1)(A).

(c) Duration DURATION.--- The program established under subsection (a) shall terminate 10 years after the end of the 6-month period described in subsection (b).

(d) Applicability APPLICABILITY.--- The program established under subsection (a) shall apply in a district court designated under subsection (b) only to cases commenced on or after the date of such designation.

(e) Reporting to Congress REPORTING TO CONGRESS.---

(1) IN GENERAL- At the times specified in paragraph (2), the Director of the Administrative Office of the United States Courts, in consultation with the chief judge of each of the district courts designated under subsection (b) and the Director of the Federal Judicial Center, shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the pilot program established under subsection (a). The report shall include an analysis of ---

(A) an analysis of the extent to which the program has succeeded in developing expertise in patent and plant variety protection cases among the district judges of the district courts so designated;

(B) an analysis of the extent to which the program has improved the efficiency of the courts involved by reason of such expertise; and

(C) with respect to patent cases handled by the judges designated pursuant to subsection (a)(1)(A) and judges not so designated, a comparison between the 2 groups of judges with respect to ---

(i) the rate of reversal by the Court of Appeals for the Federal Circuit, of such cases on the issues of claim construction and substantive patent law; and

(ii) the period of time elapsed from the date on which a case is filed to the date on which trial begins or summary judgment is entered;

(D) a discussion of any evidence indicating that litigants select certain of the judicial districts designated under subsection (b) in an attempt to ensure a given outcome; and

(C) (E) an analysis of whether the pilot program should be extended to other district courts, or should be made permanent and apply to all district courts.

(2) TIMETABLE FOR REPORTS- The times referred to in paragraph (1) are--

(A) not later than the date that is 5 years and 3 months after the end of the 6-month period described in subsection (b); and

(B) not later than 5 years after the date described in subparagraph (A).

(3) PERIODIC REPORTING- The Director of the Administrative Office of the United States Courts, in consultation with the chief judge of each of the district courts designated under subsection (b) and the Director of the Federal Judicial Center, shall keep the committees referred to in paragraph (1) informed, on a periodic basis while the pilot program is in effect, with respect to the matters referred to in subparagraphs (A), (B), and (C)  (A) through (E) of paragraph (1).

(f) Authorization for Training and Clerkships AUTHORIZATION FOR TRAINING AND CLERKSHIPS.--- In addition to any other funds made available to carry out this section, there is authorized to be appropriated not less than $5,000,000 in each fiscal year for--

(1) educational and professional development of those district judges designated under subsection (a)(1)(A) in matters relating to patents and plant variety protection; and

(2) compensation of law clerks with expertise in technical matters arising in patent and plant variety protection cases, to be appointed by the courts designated under subsection (b) to assist those courts in such cases.

Amounts made available pursuant to this subsection shall remain available until expended.

9/13. The House Judiciary Committee (HJC) held a meeting to mark up bills on Wednesday, September 13, 2006. The agenda included HR 5825, the "Electronic Surveillance Modernization Act". However, the HJC did not take up this bill.

9/13. The Senate Judiciary Committee (SJC) approved, without amendment, S 2453, the "National Security Surveillance Act of 2006". This bill is sponsored by Sen. Arlen Specter (R-PA), the Chairman of the SJC.

9/13. The Senate Judiciary Committee (SJC) approved, without amendment, S 2455, the "Terrorist Surveillance Act of 2006". This bill is sponsored by Sen. Mike DeWine (R-Ohio) and Sen. Lindsey Graham (R-SC).

9/13. The Senate Judiciary Committee (SJC) approved, without amendment, S 3001, the "Foreign Intelligence Surveillance Improvement and Enhancement Act of 2006". This bill is sponsored by Sen. Arlen Specter (R-PA) and Sen. Dianne Feinstein (D-CA).

9/13. The Senate Judiciary Committee (SJC) held an executive business meeting. S 2468 was on the agenda. It has been on many prior SJC agendas. However, it was not voted out of Committee. It would provide standing for civil actions for declaratory and injunctive relief to persons who refrain from electronic communications through fear of being subject to warrantless electronic surveillance for foreign intelligence purposes.

9/12. Rep. Jane Harman (D-CA) introduced HR 6056, the "Foreign Intelligence Surveillance Improvement and Enhancement Act of 2006". It was referred to the House Judiciary Committee and the House Intelligence Committee.

9/12. Rep. Dan Lungren (R-CA) and others introduced HRes 993, a  resolution expressing the sense of the House of Representatives with respect to raising awareness and enhancing the state of computer security. It was referred to the House Science Committee.

9/14. The Federal Communications Commission (FCC) published a notice in the Federal Register that corrects its August 9, 2006, notice in the Federal Register regarding its Further Notice of Proposed Rulemaking (FNPRM) regarding its media ownership rules. The original notice omitted the Supplemental Initial Regulatory Flexibility Analysis. The deadlines for submitting comments remain unchanged. The FCC adopted this FNPRM on July 21, 2006, and released the text [36 pages in PDF] on July 24, 2006. See, story titled "FCC Adopts FNPRM on Rules Regulating Ownership of Media" in TLJ Daily E-Mail Alert No. 1,397, June 22, 2006. This FNPRM is FCC 06-93 in MB Docket No. 02-277, MM Docket No. 01-235, MM Docket No. 01-317, MM Docket No. 00-244, and MB Docket Nos. 06-121. See also, notice in the Federal Register, August 9, 2006, Vol. 71, No. 153, at Pages 45511-45515. The just published notice is at Federal Register, September 14, 2006, Vol. 71, No. 178, at Pages 54253-54255.

9/11. The Copyright Royalty Board (CRB) published a notice in the Federal Register that announces, describes, recites its amendments to the procedural regulations governing the practices and procedures of the Copyright Royalty Judges in royalty rate and distribution proceedings. This notice also sets an effective date of September 11, 2006, Finally, while this is a final rule, the CRB requests public comments. Comments are due by November 13, 2006. See, notice in the Federal Register, September 11, 2006, Vol. 71, No. 175, at Pages 53325-53331.

9/11. Federal Communications Commission (FCC) Commissioner Deborah Tate gave a brief speech [PDF] in Boston, Massachusetts.

9/8. The U.S. District Court (DC) issued an opinion [77 pages in PDF] in Long v. Department of Justice, a Freedom of Information Act (FOIA) case involving access to computerized records of the Executive Office of U.S. Attorneys.

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Notices & Disclaimers
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The House will meet at 10:00 AM for legislative business. It is scheduled to consider several non-technology related items. See, Republican Whip Notice.

The Senate will meet at 9:30 AM. It will resume consideration of HR 4954, the port security bill.

8:15 AM - 3:00 PM. National Institute of Standards and Technology's (NIST) Judges Panel of the Malcolm Baldrige National Quality Award will hold a closed meeting. See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Page 51803. Location: Administration Building, Lecture Room D, Gaithersburg, MD.

8:30 AM - 5:00 PM. Day one of a two day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). The agenda includes "Computer Security Division Update", "Overview of the Privacy & Civil Liberties Oversight Board Activities", "Data Security Breaches", "Privacy Technology Project Discussion", "Safeguarding Personal Information", "Update Status of Security and Privacy Legislation", and "HSPD-12 Status Briefing". See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Pages 51802-51803. Location: George Washington University, Cafritz Conference Center, Room 101, 800 21st St., NW.

9:30 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. See, notice. The SJC frequently cancels or postpones meetings without notice. The SJC rarely follows its published agenda. Press contact: Courtney Boone at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-5225. Location: Room 226, Dirksen Building.

RESCHEDULED FOR SEPTEMBER 26. 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).

10:00 AM. The Center for Democracy and Technology (CDT) will host an event titled "CDT Press Breakfast". The CDT will release its "Internet Watch List", which includes a "collection of bills that threaten the bedrock of Internet privacy and civil liberties". RSVP to David McGuire at 202-637-9800 x106. Location: CDT, 11th Floor conference room, 1634 Eye St., NW.

TIME CHANGE. 11:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing on HR 5120, a bill to amend 35 U.S.C. § 156 regarding the filing of applications for extensions of patent terms with the U.S. Patent and Trademark Office (USPTO). The witnesses will be Jon Dudas (Director of the U.S. Patent and Trademark Office), Clive Meanwell (The Medicines Company), Kathleen Jaeger (Generic Pharmaceutical Association), and John Thomas (Georgetown University). See, notice. The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

12:30 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch to discuss the committee's program for the upcoming year. RSVP to Neil Dellar at neil dot dellar at fcc dot gov or 202-418-8214. Location: FCC, 8th Floor, South Conference Room.

12:30 PM. Network Solutions will host an event titled "press lunch", to discuss the ICANN's "upcoming decisions in regard to the future of the .com domain registry operation, particularly in regard to security concerns over the proposed .com agreement". The speakers will include Jerry Archer and Jonathon Nevett. RSVP by Wednesday, September 13, to Mary Greczyn at 202-371-2997 or mg at ftidc dot com. Location: Freedom Technologies, 1317 F Street NW, Fourth Floor.

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet by conference call "to prepare advice on proposed U.S. contributions to Study Group 9 (Integrated broadband cable networks and television and sound transmission) of the International Telecommunication Union's Telecommunication Standardization Sector". See, notice in the Federal Register, August 28, 2006, Vol. 71, No. 166, at Page 50965. For more information, contact minardje at state dot gov or 202-647-3234.

Deadline to submit comments to the Securities and Exchange Commission (SEC) on its proposal to further extend for smaller public companies the dates for compliance with the internal control requirements mandated by Section 404 of the Sarbanes Oxley Act of 2002. See, notice in the Federal Register, August 15, 2006, Vol. 71, No. 157, at Pages 47060-47071.

Deadline to written requests to testify at the Office of the U.S. Trade Representative's (OUSTR) hearing on its preparation of its annual report to the Congress on China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, July 28, 2006, Vol. 71, No. 145, at Pages 42886-42887. The notice states that the deadline to submit written requests to testify is "Wednesday, September 14". A OUSTR representative stated to TLJ that this should have stated "Thursday, September 14".

Day one of a two day closed meeting of the Library of Congress's (LOC) Section 108 Study Group. This meeting will address "Copies made at the request of patrons/interlibrary loan" and "Licenses and contracts". This meeting is closed to the public. See also, 17 U.S.C. § 108. Location: undisclosed.

The Republican Whip Notice states that the House will meet at 9:00 AM for legislative business.

8:30 AM - 4:00 PM. Day two of a two day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). The agenda includes "Computer Security Division Update", "Overview of the Privacy & Civil Liberties Oversight Board Activities", "Data Security Breaches", "Privacy Technology Project Discussion", "Safeguarding Personal Information", "Update Status of Security and Privacy Legislation", and "HSPD-12 Status Briefing". See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Pages 51802-51803. Location: George Washington University, Cafritz Conference Center, Room 101, 800 21st St., NW.

9:30 AM. The House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Contact Lens Sales: Is Market Regulation the Prescription?". See, notice. Press contact: Larry Neal (Barton) at 202-225-5735, or Paul Flusche (Stearns) at 202-225-5744. Location: Room 2322, Rayburn Building.

12:00 NOON - 2:00 PM. The DC Bar Association and The Copyright Society of the U.S.A. will host an event titled "The Copyright Office Speaks". The speaker will be Marybeth Peters, Register of Copyrights. The price to attend ranges from $25-$40. For more information, call 202-626-3463. See, notice. Location: City Club of Washington (Columbia Square building concourse level), 555 13th St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Continuing Legal Education Committee will host its organizational brown bag lunch. RSVP to Joshua Turner at jturner at wrf dot com. Location: Wiley Rein & Fielding, 1776 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) for its 2006 biennial review of telecommunications regulations. See, FCC notice [10 pages in PDF] and notice in the Federal Register, August 23, 2006, Vol. 71, No. 163, at Pages 49400-49401. This is CG Docket No. 06-152, EB Docket No. 06-153, IB Docket No. 06-154, ET Docket No. 06-155, WT Docket No. 06-156, WC Docket No. 06-157, and FCC 06-115.

5:00 PM. Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding its Special 301 review of the nations of Indonesia and Chile. The Trade Act of 1974 requires the USTR to identify countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. See, notice in the Federal Register, August 23, 2006, Vol. 71, No. 163, at Pages 49491-49492.

Day two of a two day closed meeting of the Library of Congress's (LOC) Section 108 Study Group. This meeting will address "Copies made at the request of patrons/interlibrary loan" and "Licenses and contracts". This meeting is closed to the public. See also, 17 U.S.C. § 108. Location: undisclosed.

TIME? The Center for Democracy and Technology (CDT) will host an event titled "Content Ratings for the Web? Legislating a "Sexually Explicit" Label for Web Sites". The speakers will be Stephen Balkam (Internet Content Rating Association), Rachel Brand (Assistant Attorney General in charge of the Office of Legal Policy), and Leslie Harris (CDT). See, notice. Location: __.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Robert Kaplan v. T Mobile USA, App. Ct. No. 05-7165. Judges Randolph, Tatel and Williams will preside. Location: 333 Constitution Ave., NW.

Day one of a two day conference titled "National Security Automation Conference and Workshop", hosted by the National Institute of Standards and Technology (NIST), Department of Homeland Security (DHS), National Security Agency (NSA), and Defense Information Security Agency (DISA). The subject of this conference is the measurement of the security of information technology systems. See, NIST notice and conference web site. Location: NIST, Gaithersburg, MD.

Deadline set by the House Committee Committee (HCC) for Hewlett Packard to respond to its request for records regarding pretexting. See, story titled "House Commerce Committee Requests Records From HP Regarding Its Use of Pretexting to Obtain Confidential Records" in TLJ Daily E-Mail Alert No. 1,447, September 12, 2006.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing its annual report to the Congress on China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, July 28, 2006, Vol. 71, No. 145, at Pages 42886-42887.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the competitive bidding procedures for Auction No. 69, which is scheduled to begin on February 7, 2007. In this auction, the FCC will offer two 3-megahertz blocks, each consisting of a pair of 1.5 megahertz segments in the 1392-1395 MHz and 1432-1435 MHz bands, in each of six Economic Area Groupings (EAGs). The FCC will also offer one 2-megahertz block of unpaired spectrum in the 1390-1392 MHz band in each of 52 Major Economic Areas (MEAs). See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Pages 51817-51822.

10:00 AM. The Senate Commerce Committee (SCC) will meet to mark up bills. The SCC has not yet released the agenda. See, notice. The meeting will be webcast by the SCC. Press contact: Joe Brenckle (Stevens) at 202-224-3991, Brian Eaton (Stevens) at 202-224-0445, or Teri Rucker (Inouye) at 202-224-4546. Location: Room 253, Russell Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Committee will host a brown bag lunch titled "Meet the FCC Wireline Legal Advisors". The FCBA has invited all of the FCC's wireline legal advisors. RSVP to Myra Creeks at Myra dot Creeks at att dot com. Location: Wiley Rein & Fielding, 1776 K St., NW.

2:00 PM. The House Financial Services Committee (HFSC) will hold a hearing titled "Sarbanes-Oxley at Four: Protecting Investors and Strengthening the Markets". The witnesses will include Chris Cox (Chairman of the Securities and Exchange Commission) and Mark Olson (Chairman of the Public Company Accounting Oversight Board). Rep. Mike Oxley (R-OH), the Chairman of the HFSC, stated in a release that the hearing will address, among other topics, "the complaints from small businesses regarding the cost of complying with the Section 404 internal control provisions". Press contact: Peggy Peterson at 202-226-0471 or Marisol Garibay at 202-226-0471. Location: Room 2128, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Online Child Pornography". See, notice. The hearing will be webcast by the SCC. Press contact: Joe Brenckle (Stevens) at 202-224-3991, Brian Eaton (Stevens) at 202-224-0445, or Teri Rucker (Inouye) at 202-224-4546. Location: Room 253, Russell Building.

TIME? The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will hold a meeting. Location: ___.

Day two of a two day conference titled "National Security Automation Conference and Workshop", hosted by the National Institute of Standards and Technology (NIST), Department of Homeland Security (DHS), National Security Agency (NSA), and Defense Information Security Agency (DISA). The subject of this conference is the measurement of the security of information technology systems. See, NIST notice and conference web site. Location: NIST, Gaithersburg, MD.

8:00 - 11:30 AM and 2:00 - 5:00 PM. The Department of Homeland Security's (DHS) Data Privacy and Integrity Advisory Committee will meet. Part of the meeting will be closed to the public. The DHS states that "the Chief Privacy Officer will provide an update on the activities of the Privacy Office. The subcommittees will update the Committee on the work currently being conducted. In the morning and afternoon sessions, invited speakers will discuss screening, redress, and data integrity". See, notice in the Federal Register, August 29, 2006, Vol. 71, No. 167, at Pages 51201. Location: Transportation Security Administration, 601 South 12th Street, Arlington, VA.

10:00 PM. The Senate Commerce Committee's (SCC) Subcommittee on Trade, Tourism, and Economic Development will hold a hearing titled "Internet Governance: The Future of ICANN". See, notice. The hearing will be webcast by the SCC. Press contact: Joe Brenckle (Stevens) at 202-224-3991, Brian Eaton (Stevens) at 202-224-0445, or Teri Rucker (Inouye) at 202-224-4546. Location: Room 253, Russell Building.

? 10:00 AM. Possible time for the House Judiciary Committee (HJC) meeting to mark up HR 5825, the "Electronic Surveillance Modernization Act", and HR 6052 [100 pages in PDF], the "Copyright Modernization Act of 2006". Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

10:30 AM - 4:00 PM. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare advice on proposed U.S. contributions to Study Group 13 (Next Generation Networks) of the International Telecommunication Union's Telecommunication Standardization Sector. See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Page 51884. Location: COMTek, 14151 Newbrook Drive, Suite 400, Chantilly, VA.

11:45 AM - 2:00 PM. The AEI Brookings Joint Center for Regulatory Studies will host a discussion of the book titled " New Foundations of Cost-Benefit Analysis" [Amazon], by Matthew Adler (University of Pennsylvania) and Eric Posner (University of Chicago). The speakers will be Adler, Posner, Chris DeMuth (AEI) and Richard Revesz (NYU). Location: American Enterprise Institute, 12th floor, 1150 17th St., NW.

12:00 NOON - 2:00 PM. The Alliance for Public Technology (APT) will host a brown bag lunch titled "Digging Deeper into the Senate Communications Act of 2006:  What does the Bill Mean for the E-Rate Community and People with Disabilities?". The speakers will be Lynne Bradley (American Library Association), Jenifer Simpson (American Association of People with Disabilities), and Karen Strauss (KPS Consulting). RSVP to apt at apt dot org or (202) 263-2970. Location: ALA, first floor conference room, 1615 New Hampshire Ave., NW. 

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Communications Law and the Internet: Content, Carriage, and Access in the Digital Age". The speakers will be Maureen O'Connell (News Corporation), Paul Glist (Cole Raywid & Braverman), and Rick Whitt (NetsEdge Consulting). For more information, contact Chris Fedeli at cfedeli at crblaw dot com or 202-828-9874 or Natalie Roisman at nroisman at akingump dot com or 202-887-4493. Location: Cole Raywid & Braverman, Suite 200, 1919 Pennsylvania Ave., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) [77 pages in PDF] regarding the service rules that primarily govern wireless licenses in the 698-746, 747-762, and 777-792 MHz bands (700 MHz Band) currently occupied by television broadcasters and being made available for new services as a result of the DTV transition. This NPRM is FCC 06-114 in WT Docket No. 06-150, CC Docket No. 94-102, and WT Docket No. 01-309. The FCC adopted this NPRM on August 3, 2006, released it on August 10, 2006. See, notice in the Federal Register, August 21, 2006, Vol. 71, No. 161, at Pages 48506-48527. See also, FCC release [PDF] that describes this NPRM.

9:00 AM - 12:00 NOON. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA), the Satellite Industry Association and the U.S. Chamber of Commerce will host an event titled "Continuity of Business (via satellite) Summit: Acquiring Robust Communications Capability to Prepare for Natural and Man-Made Disasters". See, NTIA notice and notice in the Federal Register, August 25, 2006, Vol. 71, No. 165, at Page 50390. Location: U.S. Chamber, 1615 H Street, NW.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "Deleting Commercial Child Pornography Sites From the Internet: The U.S. Financial Industry’s Efforts to Combat This Problem". See, notice. The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a luncheon. The keynote speaker will be Brian Roberts, Ch/CEO of Comcast Corporation. The other speakers will be Raymond Gifford (PFF), Aryeh Bourkoff (UBS Investment Research), Blair Levin (Stifel Nicolaus), and Craig Moffett (Sanford Bernstein). See, notice and registration page. Location: Capital Hilton, 1001 16th St., NW.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Communications Law, Copyright & Digital Rights Management Committee will host a brown bag lunch. This is a new committee, and this lunch will serve as the committee's organizational meeting. For more information, contact Seth Davidson at sdavidson at fw-law dot com, Ben Golant at bgol at loc dot gov or Ann Bobeck at abobeck at nab dot org. Location: Fleischman and Walsh, Suite 600, 1919 Pennsylvania Ave., NW.

6:00 PM. Alex Kozinski, a Judge of the U.S. Court of Appeals (9thCir), will give a speech titled "Fair Use Revisted". See, notice. RSVP to iplecture at wcl dot american dot edu or 202-274-4148. Location: American University, Washington College of Law, Room 603, 4801 Massachusetts Ave.,  NW.

? TENTATIVE. TIME? The Library of Congress's (LOC) Section 108 Study Group may hold a public meeting regarding expanding the scope of 17 U.S.C. § 108. See also, notice in the Federal Register, February 15, 2006, Vol. 71, No. 31, at Pages 7999-8002. Location: __.

TIME? The Center for Democracy and Technology (CDT) will host an event titled "Social Networking and Chat Sites Teen-Free Zones?". Location: __.