9/26. On September 25, the Federal Communications Commission (FCC) belatedly released its order [16 pages in PDF] that amends its rules to establish its new Public Safety and Homeland Security Bureau. On September 26, the FCC announced the launch of the new bureau.

The FCC adopted this order back on March 17, 2006. See, story titled "FCC Creates Public Safety and Homeland Security Bureau" in TLJ Daily E-Mail Alert No. 1,332, March 20, 2006.

Commissioners Martin, Copps, Adelstein and Tate wrote separate statements, which were released on March 17, 2006, and are now attached to the just released order. Commissioners also wrote statements on September 26.

The order provides that this bureau is responsible for "all matters pertaining to public safety, homeland security, national security, emergency management and preparedness, disaster management, and ancillary operations."

Chairman Kevin Martin stated on September 26 that "One of the bureau's primary functions is develop and implement communications policies that enhance public safety, including addressing the spectrum needs of the public safety community. To that end, the bureau will assume responsibility for completing the 800 MHz re-banding process and resolving any related interference issues".

Commissioner Michael Copps stated that the new bureau "must also work quickly to further develop our standards for E911 capability for both wireless and VoIP devices. On the wireless front, we need to provide additional guidance to ensure that the location accuracy figures that carriers report accurately reflect real-world performance and are consistent across carriers. We also need to continue our efforts to make sure that consumers understand the level of protection that their mobile phones actually provide them, especially within buildings. On the VoIP front, we need to move forward with our ongoing rulemaking regarding automatic location sensing technologies."

The order enumerates specific subject matters that are the responsibility of the new bureau. These include matters related to technology mandates imposed by the FCC under the rubric of the Communications Assistance for Law Enforcement Act (CALEA), public safety communications, 911 and enhanced 911 (E-911), alert and warning systems including the Emergency Alert System (EAS), communications infrastructure protection, implementation of Homeland Security Presidential Directives and Orders, and reliability, operability and interoperability of networks and communications systems.

The new bureau will handle controversial issues related to facilitating the Department of Justice's (DOJ) efforts to maintain universal surveillance across all existing and emerging telecommunications and information technologies.

The new bureau is also assigned responsibility in some of the areas, such as the FCC's CALEA related proceedings, where the FCC has most aggressively overstepped the limits of its statutory authority.

The order also provides the the new bureau, and the existing Office of Engineering and Technology (OET), will "work with technical standards bodies". For example, the FCC's CALEA orders do not set standards. Rather, they expand the range of entities subject to CALEA like technology mandates, and then delegate authority to outside entities to negotiate technical standards.

The first order [59 pages in PDF] is FCC 05-153 in ET Docket No. 04-295 and RM-10865. The FCC adopted this item on August 5, 2005, and released it on September 23, 2005. See, stories titled "FCC Amends CALEA Statute" in TLJ Daily E-Mail Alert No. 1,191, August 9, 2005, and "FCC CALEA Order Challenged" in TLJ Daily E-Mail Alert No. 1,240, Wednesday, October 26, 2005. The second order [83 pages in PDF] is FCC 06-56 in ET Docket No. 04-295. The FCC adopted this item on May 3, 2006, and released it on May 12, 2006. See, story titled "FCC Further Amends CALEA Statute" in TLJ Daily E-Mail Alert No. 1,365, May 8, 2006. See also, story titled "Cerf and Others Warn that FCC's CALEA Order Threatens Internet Security and Innovation" in TLJ Daily E-Mail Alert No. 1,392, June 15, 2006.

The new bureau will deal with constituent groups with widely divergent interests. One group will include law enforcement agencies, national security agencies, their contractors, data aggregators, and the companies that support service providers and others in complying with surveillance and production directives. Another group will include technology companies that seek to bring new and innovative products and services to consumers. The former group will seek to limit and regulate the products and services of the latter group.

Yet another constituent group will include individual consumers and business entities. They seek new, better, and lower cost innovative products and services. They also seek to protect their security, privacy, and confidentiality of proprietary information. The goals of law enforcement will collide with the goals of these consumers and businesses in some proceedings before the new bureau.

Finally, some of the proceedings of the new bureau will provide opportunities for large incumbent companies to obtain advantages over newer and smaller information technology companies that offer competing or disruptive technologies. One former FCC legal advisor wrote recently that some incumbents "may be more adept at shaping how rules are written to minimize their own burdens while maximizing those of their competitors". He elaborated that the new IT based services companies "often are no match for traditionally-regulated companies when it comes to the day-in, day-out minutiae of monitoring, influencing and ultimately complying with the actions of administrative agencies." See, paper [11 pages in PDF] titled "Beginning to Limit ``Social´´ Regulation of Communications", by Kyle Dixon.

This item is FCC 06-35. The proceeding is titled "In the Matter of Establishment of the Public Safety and Homeland Security Bureau And Other Organizational Changes".

9/25. The House Commerce Committee (HCC) announced in a release that it "issued three subpoenas to witnesses invited to Thursday's hearing on the Hewlett-Packard pretexting scandal."

It added that "The committee issued subpoenas for two Hewlett-Packard executives, including senior counsel Kevin Hunsaker and global security manager Anthony Gentilucci. Ron DeLia, operator of Security Outsourcing Solutions Inc., in Boston, also received a subpoena from the committee."

The HCC's Subcommittee on Oversight and Investigations will hold a hearing on Thursday, September 28, at 10:00 AM. The other witnesses will be Mark Hurd (Ch/CEO of HP), Patricia Dunn (former chairman of HP), Ann Baskins (General Counsel of HP), Fred Adler (HP computer security investigator), Larry Sonsini (Wilson Sonsini), and Joe Depante (owner of Action Research Group).

The HCC's Subcommittee on Oversight and Investigations will hold a second hearing on Friday, September 29, to hear from the Chairmen of the Federal Communications Commission (FCC) and Federal Trade Commission (FTC), and from heads of wireless carriers. The witnesses will be Kevin Martin (FCC Chairman), Deborah Majoras (FTC Chairman), John Rooney (P/CEO of U.S. Cellular), Robert Dotson (P/CEO of T-Mobile USA), Stanley Sigman (P/CEO of Cingular Wireless), Scott Ford (P/CEO of Alltel Wireless), Gary Forsee (P/CEO of Sprint Nextel), and Dennis Strigl (P/CEO of Verizon Wireless).

Neither these hearings, nor the HCC's investigation, is examining the use of pretexting by government agencies.

9/18. Peter Mandelson, the European Commissioner for Trade, gave a speech in Berlin, Germany titled "The Tragedy and Triumph of Europe". He again blamed the U.S. for the impasse in Doha negotiations, and lamented China's barriers to trade, including its failure to protect intellectual property rights.

He advocated "Reform and rejection of protectionism at home". He said that Europe should participate in the "multilateral system" and continue to pursue the Doha Development Round.

He touched on some internal problems that Europe faces. For example, he said that "We are not investing enough in research and development or in education. We are losing ground in the highest technology products. Internationally, our businesses perform strongly in countries where demand is static. But in rapidly growing regions, particularly in Asia, we are underperforming."

He also hinted at a need to make "more flexible" Europe's "social systems"

Mandelson (at right) also discussed the U.S. role in Doha negotiations. He said that "we face an impasse". He continued that "it is the United States which at this juncture holds the crucial piece. That missing piece is a commitment by the United States to substantial reform of the 2002 Farm Bill to match the nature and scope of reform that Europe has been putting in place since 2003. I recognise the political constraints of the United States and their concerns about what others are giving. The EU and US have huge shared interests in this Round. Nobody expects a complete reversal or re-write of the Farm Bill. But a real start has to be agreed if the negotiation is to survive."

He also spoke about the People's Republic of China. He said that "China is probably the single biggest challenge and opportunity of economic globalisation facing Europe; the source of a major proportion of global growth; source too of many of the competitive pressures we face." He added that "We must support China in tackling these challenges and integrating fully into the global economy."

However, he added, "But we can only do so on the basis of mutual benefit. For us to sustain the political case for openness, China must be seen to be playing its part: removing barriers to trade and steadily opening up to others. Improving protection for intellectual property."

Moreover, he said that openness on the part of China "is no longer simply a question of tariffs. Increasingly the most serious obstacles to European trade are behind borders. Poor protection of intellectual property right and patents. Closed markets for services and investment. Unfair state intervention which distorts prices and fair competition. Public procurement markets that remain closed to fair competition, unlike those in Europe."

While Mandelson, who is British, frequently argues that China should strengthen the IPR regime in China, the UK government's British Library is arguing for a weakening of the IPR regime in the UK. See, following story.

9/25. The British Library (BL) released a paper [4 pages in PDF] titled "Intellectual Property: A Balance: A British Library Manifesto". It makes recommendations for changes to the United Kingdom's copyright laws. It also offers these recommendations to the Gowers Review of Intellectual Property.

In December of 2005 the Chancellor of the Exchequer announced the appointment of Andrew Gowers to conduct an examination of the UK's intellectual property laws. This group received public comments in early 2006, but has not yet issued its report. Its web site states that a "Final Report" is due in "Autumn 2006".

The BL argues that the UK's laws should be revised to limit intellectual property rights in several ways. Although, its paper is short, vaguely worded, and rhetorical.

It argues that "the traditional copyright framework is creaking under the strain". The problems that it cites are new digital technologies and the negotiation of licensing contracts between copyright owners and libraries and other parties.

The BL paper states that "restricting technologies (such as DRMs / TPMs) and contracts issued with digital works should not exceed the statutory exceptions for fair dealing access allowed for in the Copyright, Designs and Patents Act." (Parentheses in original.)

The BL appears to argue that fair dealing (or fair use) should provide an exception to the bans on circumvention of technological measures to protect copyrighted works. In the U.S., 17 U.S.C. § 1201(a)(1)(A), which was added in 1998 by the DMCA, provides that "No person shall circumvent a technological measure that effectively controls access to a work protected under this title."

The BL paper elaborates on digital rights management (DRM) and licensing. It states that "DRMs can pose a real, technical threat to our ability to conserve and give access to the nation's creative output now and in the future. Contracts can also prevent users' legitimate access to databases." Moreover, "Licences, rather than contracts of sale, are emerging as the key transaction method in the digital environment. The majority of these licences deliver lower-level access and copying rights than are available under existing copyright law."

It concludes that "We recommend that contract and DRMs /TPMs are not allowed to undermine the longstanding limitations and exceptions such as fair dealing in UK law."

The BL paper is not precise, but it suggests that the Parliament might void contract clauses in contracts that the BL has already negotiated and signed.

The U.S. Constitution prohibits states from enacting any "Law impairing the Obligation of Contracts". The next clause prohibits the "grant of any Title of Nobility". The BL does not appear to share colonial attitudes regarding either of these topics.

The paper also states that "The US model of dealing with orphan works should be considered for the UK." However, there is no US model. Neither the Copyright Act nor the Copyright Office's (CO) regulations address "orphan works". The CO has issued a report [207 pages in PDF] that contains a legislative proposal. House and Senate Committees have held hearings. Moreover, Rep. Lamar Smith (R-TX) has introduced bills that contain language that is based upon the CO report. Nevertheless, nothing has been enacted into law. Nothing has been reported out of Committee.

The BL paper also argues that "Libraries should be allowed to make copies of sound and film recordings to ensure they can be preserved for posterity in the future." This is a subject addressed in the U.S. by 17 U.S.C. § 108. Also, the CO's Section 108 Study Group has been tasked with making findings and recommendations on how to revise the copyright law in this area.

However, the BL paper makes no recommendations regarding whether digitizing and making available libraries' copies of books should be a exception to the exclusive rights of copyright. It does not address Google's copying of copyrighted books in libraries.

The paper is also critical of copyright terms, but does not state what the terms should be. However, the paper argues that the term "for unpublished works should be retrospectively brought in line with other terms -- life plus 70 years."

The BL stated in a release that "Existing legislation urgently needs to be updated".

Lynne Brindley, the BL's Chief Executive, stated in this release that "if unchecked, this trend will drastically reduce public access, thus significantly undermining the strength and vitality of our creative and educational sectors -- with predictable consequences for UK plc"

The BL is an arm of the UK government. Its web site states that it receives most of its funding from, and is overseen by, the UK Department for Culture, Media and Sport.

9/25. The Senate Commerce Committee approved the nomination of Mary Peters to be Secretary of Transportation by a vote of 22-0.

9/25. The House approved HR 1036, the "Copyright Royalty Judges Program Technical Corrections Act", as amended by the Senate. The bill now goes to President Bush for his signature.

9/25. The House approved HR 683, the "Trademark Dilution Revision Act of 2006", as amended by the Senate. The bill now goes to President Bush for his signature.

9/25. The Office of the U.S. Trade Representative (OUSTR) announced that the U.S. and EU have reached an agreement on compensation for modifications to the EU’s World Trade Organization (WTO) services commitments. The OUSTR stated in a release that "The agreed compensation package contains new commitments on telecommunications that provide important clarity concerning the coverage of all basic and value-added telecommunication services. In addition, the compensation package provides new or enhanced commitments in several other sectors, including public utilities, engineering, computer, advertising, and financial services."

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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.

The Senate will meet at 9:45 AM. It will resume consideration of HR 6061, the "Secure Fence Act of 2006".

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).

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.

TIME CHANGE. 11:00 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.

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.

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.

2:00 PM. 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". The witnesses Bill Aho (CEO of ClearPlay), Allan Erb (President of CleanFlicks Media), John Feehery (Motion Picture Association of America), Robin Bronk (The Creative Coalition), and Jason Schultz (EFF). 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.

2:30 PM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of numerous judicial nominees, including William Myers (9th Circuit), Terrence Boyle (4th Circuit), William Haynes (4th Circuit), Peter Keisler (District of Columbia Circuit), and Kent Jordan (3rd Circuit). 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.

TIME CHANGE. 3:30 PM. The Senate Judiciary Committee (SJC) may hold a hearing on judicial nominees, including Michael Wallace (U.S. Court of Appeals for the 5th Circuit) and  Vanessa Bryant (U.S. District Court for the District of Connecticut). 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.

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.

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. The House Judiciary Committee (HJC) will 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". However, since this bill is the fourth item on a four item agenda, the HJC may not consider this bill. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

10:00 PM. The Senate Commerce Committee (SCC) will meet to consider numerous nominees, including Cynthia Glassman (to be Under Secretary for Economic Affairs at the Department of Commerce) and Sharon Hays (to be Associate Director of the Office of Science and Technology Policy), and several non-technology related bills. 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.

2:00 PM. 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.

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 titled "Hewlett Packard's Pretexting Scandal". The HCC has invited Patricia Dunn (disgraced former Chairman of Hewlett Packard), Ann Baskins (General Counsel of HP), Larry Sonsini (Wilson Sonsini Goodrich & Rosati), Ronald DeLia (Security Outsourcing Solutions, Inc.), and others. 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.

TIME AND LOCATION CHANGE. 10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "Internet Data Brokers and Pretexting: Who Has Access to Your Private Records?". See, notice. The witnesses will included Joel Winston of the Federal Trade Commission (FTC), a representative of the Federal Communications Commission (FCC), and representatives of the largest wireless telecommunications companies. Location: Room 2123, 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.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Immersion v. Sony Computer, an appeal from the U.S. District Court (NDCal) in a patent infringement case involving the technology used in the controller in Sony PlayStation consoles. This case is App. Ct. No. 2005-1227 and D.C. No. C-02-071 CW (WDB). Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM - 1:30 PM. The American Enterprise Institute (AEI) will host a program titled "The World Trading System after the Collapse of Doha: The WTO, Developing Countries, and Regionalism". There will be a panel discussion at 10:00 AM. The speakers will include Grant Aldonas (recently Under Secretary of Commerce), Claude Barfield (AEI), Daniel Drezner (Tufts University), and Daniel Tarullo (Georgetown University Law Center). U.S. Trade Representative Susan Schwab will give the luncheon address. See, notice. Location: 12th floor, 1150 17th St., NW.