9/22. Patricia Dunn resigned her position as Director of Hewlett-Packard (HP), following further revelations about HP's spying on journalists covering HP, as well as HP Directors and employees. See, HP release and release.

On September 12, 2006, HP announced that she would no longer serve as Chairman. See, stories titled "HP Says Dunn Will Remain as a Director" and "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.

HP stated on September 22 that "Mark Hurd, HP chief executive officer and president, has been appointed to the additional role of chairman, succeeding Patricia Dunn, who is leaving the company's board, effective immediately."

Both HP releases include statements by Hurd. He stated that "I wish to apologize both personally and on behalf of HP to each of those who were affected. We believe these unacceptable measures were isolated instances that do not reflect the broader behavior and values of HP, its employees or its board. But they cannot occur here again. Our actions today are intended to ensure that they never do."

Another release contains a resignation statement by Dunn, in which she does not apologize. However, she states that "I look forward to appearing before Congress next week to answer their questions and help the company put this unfortunate event behind it."

The House Commerce Committee (HCC) announced on September 15 that its Subcommittee on Oversight and Investigations will hold a hearing titled "Hewlett-Packard's Pretexting Scandal" on September 28, 2006.

The HCC initially announced that it invited Patricia Dunn (former Chairman of HP), Ann Baskins (General Counsel of HP), Larry Sonsini (Wilson Sonsini Goodrich & Rosati), and Ronald DeLia (Security Outsourcing Solutions, Inc.) to testify.

On September 19, 2006, the HCC wrote a letter [PDF] to Kevin Hunsaker, Senior Counsel in HP's Legal Department, inviting him to testify. It adds that "witnesses will be required to provide sworn testimony".

Also on September 19, the HCC wrote a similar letter [PDF] to Fred Adler, "IT Security Investigations" at HP.

The HCC's notice of the hearing also states that invited witnesses include Anthony Gentilucci, HP's Global Security Manager, and Joe Depante, owner of Action Research Group.

Also, on September 21, HP announced in a release that Mark Hurd offered to testify.

The HCC hearing on September 28 will be at 10:00 AM. The HCC has not announced a witness list.

In addition, the Federal Trade Commission (FTC) web site states that an FTC representative "will testify before the Subcommittee on Oversight and Investigations on the practice of ``Pretexting´´". See, FTC calendar. Neither the House Commerce Committee, nor its Subcommittee on Oversight and Investigations, has announced this hearing in its web site. Both FTC and HCC spokesmen told TLJ that the hearing will take place, but did not disclose the witness list. This hearing is scheduled for Friday, September 29 at 9:30 AM in Room 2322 of the Rayburn Building.

This second hearing is likely to include testimony from Joel Winston of the FTC, a representative of the Federal Communications Commission (FCC), and representatives of the largest wireless telecommunications companies.

Also, the HCC held a mark up session on September 20 at which it approved two resolutions. One pertains to subpoenas in connection with the HCC's investigation into data brokering, including its investigation of HP, and related matters. The other pertains to authorizing the issuance of subpoenas in connection with the HCC's investigation into the sexual exploitation of children over the internet, and related matters.

Rep. Joe Barton (R-TX), the Chairman of the HCC, wrote in his opening statement that "The first resolution will authorize the chair, with the concurrence of the ranking minority member, to authorize and issue subpoenas in connection with our investigation of data brokers and 'pretexting,' including that part of the investigation related to the widely publicized scandal involving Hewlett-Packard's use of such data brokers to obtain access to confidential personal information."

He continued, "The second resolution for subpoenas would authorize the chair, again with the concurrence of the ranking minority member, to authorized and issue subpoenas in connection with the investigation of the sexual exploitation of children over the Internet, including matters related to the 1998 adoption of Masha Allen, a witness at our May 3, 2006, subcommittee hearing."

9/21. Treasury Secretary Henry Paulson traveled to the People's Republic of China on September 19-22. The U.S. and China released a brief joint statement that announces "the establishment of the U.S.-China Strategic Economic Dialogue".

It adds that "Existing bilateral dialogues and consultation mechanisms, such as the Joint Commission on Commerce and Trade, the Joint Economic Committee, and the Joint Commission on Science and Technology, will remain unchanged and continue to play their positive and important role in promoting U.S.–China economic and trade cooperation."

The U.S. also released a longer news release regarding the new U.S.-China Strategic Economic Dialogue. It states that "The intent of this dialogue is to discuss long-term strategic challenges, rather than seeking immediate solutions to the issues of the day." It also states that "Bilateral issues will continue to receive full attention, including pressing China for floating exchange rates, greater intellectual property rights, and increasing market access."

In addition, Paulson also held a news conference at which he stated that this dialogue was formed because "the relationship between the U.S. and China is the most important bilateral economic relationship in the world today". He added that "there's a sense in the U.S. that the Chinese don't play fair when it comes to trade and economics. And so it's going to be my job to get short-term results at the same time we're keeping our eye on the long-term objective." See, transcript.

9/21. Chris Cox, Chairman of the Securities and Exchange Commission (SEC), gave a speech titled "Gramm-Leach-Bliley Seven Years Later". He also spoke at length about interactive data.

Cox (at right) said that "There's one other area where global competition is pressing: technology." He continued that "The rest of the world is moving on from the static-data system that has been around in one form or another since Guttenberg. Our financial reporting shouldn't be left behind. All of us at the SEC are doing our best to sharpen our markets' competitive edge in this increasingly global world of finance. As regulators, we know there are really only two fundamental ways for us to improve: reduce the cost of regulation, and improve the quality of the product. Interactive data lets us accomplish both."

Cox frequently speaks about the benefits of, and urges companies to switch to, interactive data. He again gave his pitch in this speech. He also compared the use of interactive data in bank filings to its use in securities filings. He also provided an update on the transition.

He said that "the transition to interactive data has gone so smoothly in the banking industry that many of you may not even realize that you're technology pioneers. That's the result we always hope for with innovation. Interactive data has proven to be a painless, productivity-enhancing improvement that helps people get their work done faster, cheaper, and better than before."

He elaborated that "For about a year now, 8,200 U.S. financial institutions have been using XBRL to submit their quarterly Call Reports to U.S. banking regulators." He said that once consequence is that "The error rate has also dropped way down, to nearly zero."

"We're working now to see to it that every public company uses interactive data in reporting to the SEC", said Cox. "Already, a growing number of companies are filing their reports in this new format. Today's XBRL filers with the Commission represent more than a trillion dollars of market cap, spread across various industries -- companies large and small, foreign and domestic. I'm pleased to note that GE has recently joined this group".

"I think if you talk to these companies, they'll tell you it's been surprisingly painless and inexpensive -- a ``non-event´´ is the phrase that keeps coming up."

9/20. Rep. Cliff Stearns (R-FL) introduced HR 6113, the "Truth in Video Game Rating Act". This bill would direct the Federal Trade Commission (FTC) to write rules to prohibit certain deceptive conduct in the rating of video and computer games. Also on September 20, Rep. Fred Upton (R-MI) introduced HR 6120, the "Video Game Decency Act of 2006". This bill would amend the Federal Trade Commission Act (FTCA) to prohibit deceptive acts and practices in the content rating and labeling of video games.

The Stearns bill would amend the FTCA to require the FTC to write rules that "shall prohibit any rating organization from assigning a content rating to any video or computer game that is to bear a label containing such content rating when sold or distributed in interstate commerce unless such rating organization has reviewed the playable content of the video or computer game."

It would also require that "Such rules shall prohibit any person who produces, sells, or otherwise distributes video or computer games in interstate commerce from withholding or hiding any playable content of a video or computer game from, or in any other manner failing to disclose any playable content of a video or computer game to, a rating organization, with the intent of obtaining a less-restrictive content rating than the video or computer game would likely receive if such rating organization were to review the withheld or hidden content."

The Upton bill would not require a rulemaking proceeding. It would provide that "It shall be unlawful for any person to ship or otherwise distribute in interstate commerce any video game that contains a rating label containing an age-based content rating for that video game where the person, with the intent of obtaining a less restrictive age-based content rating, failed to disclose content of the video game that was required to be disclosed to the independent ratings organization that assigned such age-based content rating, and which resulted in the video game receiving a less-restrictive age-based content rating than otherwise would have resulted."

Both bills were referred to the House Commerce Committee (HCC). The Stearns bill has two original cosponsors. The Upton bill has eleven original cosponsors, including bipartisan support on the HCC.

9/21. Sen. Orrin Hatch (R-UT) and Sen. Dianne Feinstein (D-CA) introduced S 3923, a 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. It was referred to the Senate Judiciary Committee.

This is a companion bill to HR 5418, which the House Judiciary Committee (HJC) amended and approved on September 13, 2006. See, items titled "HJC Approves Bill Regarding Specialized Patent Judges" and "HR 5418 As Approved by House Judiciary Committee" in TLJ Daily E-Mail Alert No. 1,449, September 14, 2006.

Sen. Hatch stated that his bill "this bill is very similar to" HR 5418. See, Congressional Record, September 21, 2006, at Page S9901.

Sen. Hatch continued that "In conversations with a number of constituents and both small and large companies in my home State of Utah, I have found that one of the frequent complaints by those who had been involved in patent litigation was that many district court judges had relatively little expertise in patent law, and -- partially as a result -- the decisions of trial courts are often overturned on appeal due to technical errors in construing patent claims."

He also summarized his bill. He said that "The core provisions of this bill authorize a pilot project in at least five judicial districts that have a significant patent litigation caseload. Under the pilot program, judges in these districts will be allowed to form a smaller pool of judges who are willing to accept a larger portion of the patent litigation docket in the district. The bill also authorizes additional resources to allow participating courts to hire law clerks with expertise in patent law and to provide for educational programs relating to patent law for the participating judges."

He added that "The project is authorized for at least five judicial districts, to be designated by the Administrative Office of the United States Courts, and will last for a 10 year period." Also, it "requires Administrative Office of the United States Courts and the Federal Judicial Center to provide a report to Congress on the results of the pilot program".

He also commented that "further refinements to this language will likely be necessary as it moves through the legislative process. In particular, we need to include a provision which would preserve a sufficient element of random assignment among judges. I understand some of my Senate colleagues have reservations about including this provision, but we will deal with that issue as the bill progresses."

9/21. The Senate Judiciary Committee (SJC) held a business meeting on September 21, 2006, at which it held over all of the bills on its agenda. These included S 2644, the "Perform Act of 2006" and S 3818, the "Patent Reform Act of 2006".

S 2644 is the "Platform Equality and Remedies for Rights Holders in Music Act of 2006", or "Perform Act". It would particularly affect satellite music services. Sen. Dianne Feinstein (D-CA) introduced this bill on April 25, 2006. The companion bill in the House is HR 5361, also titled the PERFORM Act. It is similar, but not identical, to S 2644. It is sponsored by Rep. Howard Berman (D-CA) and Rep. Mary Bono (R-CA). The House Judiciary Committee (HJC) has not reported that bill either.

There is also pending litigation that is related to the subject matter of these bills. See, story titled "Summary of the RIAA Complaint Against XM Satellite Radio" in TLJ Daily E-Mail Alert No. 1,384, June 5, 2006.

S 2644 would amend 17 U.S.C. § 112, regarding ephemeral recordings, and 17 U.S.C. § 114, regarding exclusive rights in sound recordings. It addresses content protection, and the collection of statutory licenses under Section 114.

S 3818 is the "Patent Reform Act of 2006". Sen. Orrin Hatch (R-UT) and Sen. Patrick Leahy (D-VT) introduced this bill on August 3, 2006. It is a huge and broad patent law and procedure reform bill.

The SJC also held over consideration of S 2831, the "Free Flow of Information Act of 2006", sponsored by Sen. Richard Lugar (R-IN). This bill limits prosecutors, government agencies, and others from compelling journalists to disclose certain information.

Also, the SJC held over consideration of S 1845, the "Circuit Court of Appeals Restructuring and Modernization Act of 2005", sponsored by Sen. John Ensign (R-NV). This bill would split the 9th Circuit. Senators from outside of California, and especially those from Alaska, Idaho, and Montana, have long sought to split the circuit. Sen. Gordon Smith (R-OR) and Sen. Jon Kyl (R-AZ) are also cosponsors of the bill.

9/25. The Republican Whip Notice for the week of September 25-29 states that on Monday, September 25, the House will consider HR 1036, the "Copyright Royalty Judges Program Technical Corrections Act",  and HR 683, the "Trademark Dilution Revision Act of 2006".

Both bills will be considered under suspension of the rules, which means that no amendments are in order, and that a two-thirds majority is required for approval.

The House approved an earlier version of HR 683 on April 19, 2005, by a vote of 411-8. See, Roll Call No. 109. Then, on March 8, 2006, the Senate amended and approved the bill. See, story titled "Senate Approves Trademark Dilution Revision Act" in TLJ Daily E-Mail Alert No. 1,327, March 10, 2006.

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 also approved an earlier version of HR 1036 on November 16, 2005. The Senate amended and approved the bill on July 19, 2006.

One intellectual property bill that is not on the suspension calendar is HR 2955, the "Intellectual Property Jurisdiction Clarification Act of 2005". The HJC approved this bill on March 2, 2006, and reported this bill on April 4 (see, Report No. 109-407). See also, story titled "House Judiciary Committee Approves Amendment Regarding Jurisdiction of Federal Circuit" in TLJ Daily E-Mail Alert No. 1,325, March 8, 2006. Representatives and staff have stated in the past that this bill would likely be considered by the House on the suspension calendar.

HR 2955 is a response to the Supreme Court's opinion in Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., 535 U.S. 826 (2002). See also, stories titled "Supreme Court Rules on Appellate Jurisdiction of Federal Circuit" in TLJ Daily E-Mail Alert No. 443, June 4, 2002, and "CIIP Subcommittee to Mark Up Intellectual Property Jurisdiction Clarification Act" in TLJ Daily E-Mail Alert No. 1,162, June 27, 2005.

9/21. The Senate Judiciary Committee (SJC) held a business meeting on September 21, 2006, at which it approved the nomination of Randy Smith to be a Judge of the U.S. Court of Appeals for the 9th Circuit by a vote of 10-8.

The SJC held over all of the other Court of Appeals nominees who were on the agenda. These were William Myers (9th Circuit), Terrence Boyle (4th Circuit), William Haynes (4th Circuit), Peter Keisler (District of Columbia Circuit), and Kent Jordan (3rd Circuit).

The SJC also approved four District Court nominees, by unanimous consent. These were Philip Gutierrez (Central District of California), Valerie Baker (Central District of California), Francisco Augusto Besosa (District of Puerto Rico), and Lawrence O'Neill (Eastern District of California).

The SJC held over six District Court nominees who were on the agenda. These were Nora Fischer (Western District of Pennsylvania), Gregory Frizzell (Northern District of Oklahoma), Marcia Howard (Middle District of Florida), John Jarvey (Southern District of Iowa), Sara Lioi (Northern District of Ohio), Lisa Wood (Southern District of Georgia).

The SJC also approved Rodger Heaton to be U.S. Attorney for the Central District of Illinois for the term of four years.

See, Congressional Record, September 21, 2006, at Page S9896, and story titled "Bush Renominates Five for Courts of Appeals" in TLJ Daily E-Mail Alert No. 1,442, August 31, 2006.

9/22. Jeffrey Taylor was named U.S. Attorney for the District of Columbia by Attorney General Alberto Gonzales. He was previously Counselor to Gonzales. Before that, he worked for the Senate Judiciary Committee (SJC). And before that, he was an Assistant U.S. Attorney for the Southern District of California. He replaces Kenneth Wainstein.

9/21. The Senate confirmed Kenneth Wainstein to be Assistant Attorney General in charge of the Department of Justice's (DOJ) new National Security Division. See, Congressional Record, September 21, 2006, at Page S10009, and statement by Attorney General Alberto Gonzales.

9/21. Randy Beardsworth anounced his resignation as Assistant Secretary for Strategic Plans for the Department of Homeland Security (DHS). See, DHS release.

9/22. Brian Marriott was named Publicity Director for the American Association of Retired Persons (AARP). He previously worked in the Federal Communications Commission's (FCC) Office of Media Relations. His new contact information is BMarriott at aarp dot org and 703-593-1679.

9/22. The Department of Homeland Security (DHS) announced in a release that it has awarded twenty-eight contracts under its "small business track for information technology (IT) services as the second phase of the Enterprise Acquisition Gateway for Leading Edge Solutions (EAGLE) program prime contract procurement".

9/21. U.S. Trade Representative (USTR) Susan Schwab and Secretary of Agriculture Mike Johanns held a news conference in Cairns, Australia, to discuss Doha round trade negotiations. Schwab stated that "We are here because we are committed to a successful outcome with the Doha Round negotiations. Obviously the Doha Round is in trouble". See, transcript. She advocated "the reduction of trade barriers", but used the occasion to reiterate the inflexible commitment of the U.S. to one of its protectionist policies -- the Jones Act's ban on use of foreign made ships in U.S. coastal shipping. This ban particularly harms consumers in locations dependent on maritime transportation. Schwab said, "I don't see that being part of the negotiation". She also commented on services and market access. She said that "services negotiations as a whole stalled out the way the rest of the negotiations stalled out, and we were anticipating a second round of offers end of July, July 31, as part of the Doha Round negotiation. That second round of offers never took place, and so none of us know what is on the table or what could potentially be on the table in terms of market access."

9/21. Rep. John Dingell (D-MI) and Rep. Ed Markey (D-MA) wrote another letter [PDF] to Federal Communications Commission (FCC) Chairman Kevin Martin regarding the impact of media consolidation on local news programming.

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Notices & Disclaimers
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The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. Votes will be postponed until 6:30 PM. The House will consider a large number of items under suspension of the rules. The agenda includes consideration of HR 1036, the "Copyright Royalty Judges Program Technical Corrections Act",  and HR 683, the "Trademark Dilution Revision Act of 2006". See, Republican Whip Notice.

The Senate will meet at 2:00 PM for morning business. At 5:20 PM it will begin consideration of the nomination of Francisco Besosa to be a Judge of the U.S. District Court for the District of Puerto Rico.

The Supreme Court will hold the opening conference of its new term, the October Term 2006.

8:00 - 11:45 AM. The American Society of Access Professionals (ASAP) will host an event titled "Emerging Privacy Issues Training". See, notice. Location: Ronald Reagan Building and International Trade Center (RRB/ITC), 1300 Pennsylvania Ave., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "The Future of Trade Remedy Proceedings". The speakers will include Deanna Okun (Commissioner, U.S. International Trade Commission), Timothy Reif (Minority Chief Trade Counsel, House Ways & Means Committee), David Spooner (Assistant Secretary for Import Administration, Department of Commerce), and Lynn Kamarck (Hogan & Hartson). The price to attend ranges from $15 to $40. For more information, call 202-626-3463. See, notice. Location: Hogan & Hartson, 555 13th St., NW.

12:30 PM. Sen. Arlen Specter (R-PA) will give a speech. Location: National Press Club, 529 14th St. NW, 13th Floor.

12:30 PM - 4:30 PM. The American Society of Access Professionals (ASAP) will host an event titled "National Security in the Information Age: Cooperation or Collision". See, notice. Location: Ronald Reagan Building and International Trade Center (RRB/ITC), 1300 Pennsylvania Ave., NW.

5:00 PM. Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) regarding its proposed rules for the administration the program to provide $40 coupons to consumers for use towards the purchase of digital to analog converter boxes. See, NTIA release [PDF] and notice in the Federal Register, July 25, 2006, Vol. 71, No. 142, at Pages 42067-42074.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Preserving Intellectual Property Rights in Government Contracts: A Beginner's Guide". The speakers will include David Bloch (McDermott Will & Emery), Richard Gray (Air Force Office of the General Counsel), James McEwen (Stein McEwen & Bui), and Michael Stein (Stein McEwen & Bui). The price to attend ranges from $80-$135. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

Deadline set by the House Committee Committee (HCC) for Hewlett Packard to respond to the second part of 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 reply comments to the Federal Communications Commission (FCC) regarding Neutral Tandem's petition for interconnection with Verizon Wireless. See, FCC's Public Notice (DA 06-1603) and notice in the Federal Register, August 30, 2006, Vol. 71, No. 168, at Pages 51617-51618. This proceeding is WC Docket No. 06-159.

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. The House will consider a large number of non-technology related items under suspension of the rules. See, Republican Whip Notice.

9:00 AM - 12:30 PM. The Federal Trade Commission (FTC) and the Department of Justice's (DOJ) Antitrust Division will hold another in their series of hearings on single firm conduct and antitrust law. The witnesses will be Michael Scherer (Harvard), Luke Froeb (Vanderbilt University), Wally Mullin (George Washington University), Jonathan Baker (American University law school), Clifford Winston (Brookings Institution), David Reitman (CRA International Inc.), and Robert Marshall (Bates White LLC). See, notice. Location: FTC Conference Center, 601 New Jersey Ave., NW.

RESCHEDULED FROM SEPTEMBER 14. 9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. See, FCC agenda [PDF] and story titled "FCC Releases Agenda for September 26 Event" in TLJ Daily E-Mail Alert No. 1,453, September 20, 2006. The event will be webcast by the FCC. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

2:30 PM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of numerous judicial nominees. See, notice. The SJC frequently cancels, postpones, or fails to attain a quorum for its meetings. 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.

3:00 PM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Illegal Insider Trading: How Widespread is the Problem and is there Adequate Criminal Enforcement?". See, notice. Press contact: Courtney Boone at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-5225. Location: Room 226, Dirksen Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "Sexual Exploitation of Children Over the Internet: The Face of a Child Predator and Other Issues". See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202-225-5735. Location: Room 2123, Rayburn Building.

10:00 AM. The Department of States' International Telecommunication Advisory Committee (ITAC) will meet to prepare positions for the next meeting of the Inter-American Telecommunication Commission (CITEL) Permanent Consultative Committee II (PCCII) to be held on October 17-20, 2006, in Caracas, Venezuela. See, notice in the Federal Register, September 5, 2006, Vol. 71, No. 171, at Page 52364. Location:  undisclosed.

10:00 AM. The House Education and Workforce Committee's Subcommittee on 21st Century Competitiveness will hold a hearing titled "The Internet and the College Campus: How the Entertainment Industry and Higher Education are Working to Combat Illegal Piracy". The witnesses will be William Kirwan (University System of Maryland), Dan Glickman (Motion Picture Association of America), Cary Sherman (Recording Industry Association of America), Cheryl Elzy (Illinois State University), and William Fisher (Berkman Center for Internet and Society at Harvard Law School). Location: Room 2175, Rayburn Building.

12:00 NOON - 1:30 PM. The ABA will host a brown bag lunch titled "The Current State of Standard Setting and Counseling in Light of Rambus". See, August 2, 2006, opinion [120 pages in PDF] of the Federal Trade Commission (FTC) and story titled "FTC Holds That Rambus Unlawfully Monopolized Markets" in TLJ Daily E-Mail Alert No. 1,427, August 8, 2006. The speakers will be Gail Levine (Verizon), Gil Ohana (Cisco Systems), Howard Morse (Drinker Biddle & Reath), and Christine Varney (Hogan & Hartson). RSVP to Connie Carrol at ccarrol at lecg dot com or 202-973-0533. Location: Hogan & Hartson, 555 13th Street, NW.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) Enforcement Practice Committee will host a brown bag lunch. The speakers will be Kris Monteith (Chief of the FCC's Enforcement Bureau) and others. This event will also serve as the Committee's organizational meeting. For more information, contact Christi Shewman at christi dot shewman at fcc dot gov. Location: Skadden Arps Slate Meagher & Flom, 1440 New York Ave., NW.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade and Consumer Protection will hold a hearing titled "Editing Hollywood's Editors: Cleaning Flicks for Families". See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202-225-5735 or Paul Flusche (Stearns) at 202-225-5744. Location: Room 2322, Rayburn Building.

TIME CHANGE. 3:00 PM. The Senate Judiciary Committee (SJC) may hold a hearing on judicial nominees. See, notice. Press contact: Courtney Boone at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-5225. Location: Room 226, Dirksen Building.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "How to Litigate a Copyright Infringement Case". The speakers will include Kenneth Kaufman (Skadden Arps). The price to attend ranges from $80-$135. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

? TIME? The House Rules Committee may meet to adopt a rule for the consideration of HR 5825, the "Electronic Surveillance Modernization Act". Location: Room 313, Capitol Building.

Day one of a two day event hosted by the American Society of Access Professionals (ASAP) titled "Annual Symposium and Training Conference". See, notice. Location: Ronald Reagan Building and International Trade Center (RRB/ITC), 1300 Pennsylvania Ave., NW.

The House will meet at 10:00 AM for legislative business. It may take up HR 5825, the "Electronic Surveillance Modernization Act". See, Republican Whip Notice.

8:30 AM - 1:00 PM. The Information Technology Association of America (ITAA) will host a conference titled "Defining the Acceptable Balance: A Reasoned Approach to Data Retention". The speakers will include Jim Harper (Cato Institute), Jim Dempsey (Center for Democracy and Technology), Michael Gavin (Forrester Research), and Philip Reitinger (Microsoft). See, notice. The price to attend ranges from free to $150. For more information, contact Eerik Kreek at 703-525-2279 or ekreek at itaa dot org. Location: Hyatt Regency Capitol Hill Hotel.

9:00 AM - 4:00 PM. Day two of a two day public meeting of the Federal Accounting Standards Advisory Board (FASAB). See, notice in the Federal Register, July 12, 2006, Vol. 71, No. 133, at Pages 39318. Location: Room 7C13, GAO Building, 441 G St., NW.

? 10:00 AM. Possible time for the House Judiciary Committee (HJC) to meet to mark up bills, including HR 6052 [100 pages in PDF], the "Copyright Modernization Act of 2006". HR 6052 includes the "Section 115 Reform Act of 2006", or SIRA, and the "Orphan Works Act of 2006". 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 Oversight and Investigations will hold a hearing titled "Sexual Exploitation of Children Over the Internet: Follow-up Issues to the Masha Allen Adoption". See, notice. Press contact: Larry Neal (Barton) at 202-225-5735. Location: Room 2123, Rayburn Building.

10:00 PM. The Senate Commerce Committee (SCC) will hold a mark up session. The agenda has not yet been announced. 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.

10:00 AM. The Senate Banking Committee will hold a hearing on the nominations of nominations of Christopher Padilla to be Assistant Secretary of Commerce for Export Administration, and Bijan Rafiekian to be a member of the Board of Directors of the Export-Import Bank of the United States. See, notice. Location: Room 538, Dirksen Building.

12:00 NOON - 1:30 PM. The DC Bar Association will host a program titled "Successful Law Firm Websites". The speaker will be Lexa Gandolfo. The price to attend ranges from $15 to $25. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) HLS/Emergency Communications Ad Hoc Committee will host a brown bag lunch. This is a new ad hoc committee. This event will be used to discuss what events the committee should host. For more information, contact Jennifer Manner at 703-390-2730 or jmanner at msvlp dot com. Location: Pillsbury Winthrop Shaw Pittman, 2400 N Street, NW.

1:00 - 5:00 PM. Day one of a three day meeting of the Architectural and Transportation Barriers Compliance Board's (ATBC) Telecommunications and Electronic and Information Technology Advisory Committee. See, notice in the Federal Register, September 12, 2006, Vol. 71, No. 176, at Pages 53629-53630. Location: National Science Foundation, Room II-555, 4201 Wilson Boulevard, Arlington, VA.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) will host a continuing legal education (CLE) seminar titled "Missoula Intercarrier Compensation Plan -- Pros and Cons". Registrations and cancellations are due by 5:00 PM on September 25. The price to attend ranges from $50 to $125. See, registration form [PDF]. Location: Klein Law Group, Suite 700, 901 15th St., NW.

Day one of a three day conference for attorneys who represent media companies titled "Media Law Conference: Protecting the First Amendment in Challenging Times". It is hosted by the National Association of Broadcasters (NAB), Newspaper Association of America (NAA), and Media Law Resource Center (MLRC). See, conference web site. Location: Hilton Alexandria Mark Center, Alexandria, VA.

Day two of a two day event hosted by the American Society of Access Professionals (ASAP) titled "Annual Symposium and Training Conference". See, notice. Location: Ronald Reagan Building and International Trade Center (RRB/ITC), 1300 Pennsylvania Ave., NW.

The House will meet at 10:00 AM for legislative business. It may take up HR 5825, the "Electronic Surveillance Modernization Act". See, Republican Whip Notice.

9:00 AM - 4:00 PM. Day one of a two day public meeting of the Federal Accounting Standards Advisory Board (FASAB). See, notice in the Federal Register, July 12, 2006, Vol. 71, No. 133, at Pages 39318. Location: Room 7C13, GAO Building, 441 G St., NW.

9:00 AM - 5:00 PM. Day two of a three day meeting of the Architectural and Transportation Barriers Compliance Board's (ATBC) Telecommunications and Electronic and Information Technology Advisory Committee. See, notice in the Federal Register, September 12, 2006, Vol. 71, No. 176, at Pages 53629-53630. Location: National Science Foundation, Room II-555, 4201 Wilson Boulevard, Arlington, VA.

10:00 PM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing. The HCC's notice states that it pertains to the "HP Pretexting Scandal", and that it is a part of the HCC's ongoing investigation into "the use of lies and deception to gain access to information that is not publicly available and without the victim's consent". The HCC has invited Patricia Dunn (Chairman of Hewlett Packard), Ann Baskins (General Counsel of HP), Larry Sonsini (Wilson Sonsini Goodrich & Rosati), and Ronald DeLia (Security Outsourcing Solutions, Inc.). See, notice. Press contact: Larry Neal (Barton) at 202-225-5735. Location: Room 2123, Rayburn Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Practice Committee will host a lunch. The speakers will be Brad Ramsay (NARUC), Chris McCabe (CTIA), Chris Wright (Harris Wiltshire & Grannis), and Debra Berlyn (AARP). The price to attend is $15. Registrations and cancellations are due by 12:00 NOON on September 26. See, registration form [PDF]. Location: Latham & Watkins, 10th Floor, 555 11th St., NW.

TIME? The Office of the U.S. Trade Representative (OUSTR) will hold a 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 hearing will be on "Wednesday, September 28". TLJ spoke with a representative of the OUSTR who stated that the notice should have stated "Thursday, September 28". Location:?

TIME? The Council on Competitiveness's (COC) Forum on Technology and Innovation may host an event titled "The Importance of Energy Sustainability for U.S. Competitiveness". Location?

Day two of a three day conference for attorneys who represent media companies titled "Media Law Conference: Protecting the First Amendment in Challenging Times". It is hosted by the National Association of Broadcasters (NAB), Newspaper Association of America (NAA), and Media Law Resource Center (MLRC). See, conference web site. Location: Hilton Alexandria Mark Center, Alexandria, VA.

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

9:00 AM - 3:30 PM. Day three of a three day meeting of the Architectural and Transportation Barriers Compliance Board's (ATBC) Telecommunications and Electronic and Information Technology Advisory Committee. See, notice in the Federal Register, September 12, 2006, Vol. 71, No. 176, at Pages 53629-53630. Location: National Science Foundation, Room II-555, 4201 Wilson Boulevard, Arlington, VA.

9:30 AM. The Federal Trade Commission (FTC) web site states that an FTC representative "will testify before the Subcommittee on Oversight and Investigations on the practice of ``Pretexting´´". See, FTC calendar. Neither the House Commerce Committee, nor its Subcommittee on Oversight and Investigations, has announced this hearing. Location: Room 2322, Rayburn Building.

Day three of a three day conference for attorneys who represent media companies titled "Media Law Conference: Protecting the First Amendment in Challenging Times". It is hosted by the National Association of Broadcasters (NAB), Newspaper Association of America (NAA), and Media Law Resource Center (MLRC). See, conference web site. Location: Hilton Alexandria Mark Center, Alexandria, VA.

Day one of a three day conference hosted by the Telecommunications Policy Research Conference (TPRC) titled "34th Research Conference on Communication, Information and Internet Policy". At 2:00 PM there will be a panel titled "The Relationship Between Antitrust and Regulation after Trinko and Brand X", and another panel titled "Municipal and Community Wireless Networks". At 4:00 PM, there will be a panel titled "The Promise and Perils of Peer Production: Evaluating Benkler’s Wealth of Networks". See, book [Amazon] titled "The Wealth of Networks: How Social Production Transforms Markets and Freedom". At 6:00 PM David Farber (University of Pennsylvania) will give a speech titled "Network Neutrality". See, notice and agenda. Location: George Mason University Law School, Arlington, VA.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its Draft Special Publication 800-101 [98 pages in PDF], titled "Guidelines on Cell Phone Forensics".

Day two of a three day conference hosted by the Telecommunications Policy Research Conference (TPRC) titled "34th Research Conference on Communication, Information and Internet Policy". At 8:30 AM, there will be five different panels, titled "Standards and Technological Change", "European Regulation", "Spectrum Policy I -- New Policy Trends", "Universal Service", and "Television Broadcasting and Media Content I". At 10:40 AM there will be five panels, titled "New Theories of Network Pricing", "Net Neutrality and Open Access I", "Spectrum Policy II -- Spectrum Allocation Models and Tools", "Digital Divide, Affordable Access and Sustainable Development I" and "Television Broadcasting and Media Content II". At 2:00 PM, there will be five panels titled "Externalities and Effective Regulation", "Net Neutrality and Open Access II", "Spectrum Policy III -- Shared Use of Bandwidth", "Digital Divide, Affordable Access and Sustainable Development II", and "Media Concentration and Content Issues". At 4:10 PM, there will be five panels titled "Regulation and Firm Structure", "Understanding Broadband Diffusion", "Municipal Wireless Initiatives", "Service Deployment and Use in Rural & Remote Areas", and "Intellectual Property and Digital Rights I". At 6:30 PM, FCC Commissioner Deborah Tate will give the dinner speech. See, notice and agenda. Location: George Mason University Law School, Arlington, VA.

Deadline to submit comments to the Internet Corporation for Assigned Names and Numbers' (ICANN) Internet Assigned Numbers Authority (IANA) regarding its review of practices associated with the technical checks that it performs on data provided by top level domain operators for inclusion in the root zone. See, ICANN notice.

Day three of a three day conference hosted by the Telecommunications Policy Research Conference (TPRC) titled "34th Research Conference on Communication, Information and Internet Policy". At 8:30 AM, there will be five panels, titled "Industry Structure", "Internet, Telephony and the Law", "MVNO: Regulation and Economics", "Municipal and Community Broadband", and "Privacy, Security and e-Business". At 10:40 AM, there will be five panels titled "The State and its Citizens", "Internet Governance", "An Economic Experiment: Congestion in Common Pool Resources", "Access", and "Internet Content Protection and Commerce". See, notice and agenda. Location: George Mason University Law School, Arlington, VA.

Yom Kippur.

8:30 AM - 1:30 PM. The President's Committee on the National Medal of Science will hold a closed meeting to discuss the selection of the 2006 National Medal of Science recipients. See, notice in the Federal Register, August 10, 2006, Vol. 71, No. 154, at Page 45862. Location: Room 1235, National Science Foundation, 4201 Wilson Blvd, Arlington, VA.

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 800-78-1 [22 pages in PDF] titled "Cryptographic Standards and Key Sizes for Personal Identity Verification".

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 Canada, Latvia and Saudi Arabia. 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.