Copyright Office Releases DMCA
Anti-Circumvention Exemptions |
11/27. The Copyright Office (CO)
concluded its third triennial rulemaking proceeding to designate exemptions to
the anti-circumvention provisions of the Digital Millennium Copyright Act
(DMCA). The CO announced six exemptions which will remain in effect for three years.
These six exemptions relate to the use of rootkits on CDs and DVDs, e-book
controls that affect the read aloud function, programs protected by dongles,
programs that enable cellphones to connect to a wireless network (where
circumvention is for the purpose of connecting to a network), programs and games
in obsolete formats, and audiovisual works in university libraries.
17 U.S.C. § 1201 provides, in Subsection (a)(1)(A), that "No person shall
circumvent a technological measure that effectively controls access to a work
protected under this title ...".
Then, Subsections 1201(a)(1)(B) through (E) provide for rulemaking proceedings conducted
by the CO every three years to establish exemptions to the prohibition of (a)(1)(A) for
certain non-infringing uses.
The CO published a
notice in the Federal Register (FR) that announces, describes, recites, and sets
effective dates, for this rule. The effective date of this rule is November 27, 2006. It
remains in effect until October 27, 2009. See, FR, November 27, 2006, Vol. 71, No.
227, at Pages 68472-68480.
The CO also published a
statement, assigned
to the Librarian of Congress, that elaborates on nature of this rulemaking. It
states that "It is important to understand the purposes of this rulemaking, as
stated in the law, and the role I have in it. This is not a broad evaluation of
the successes or failures of the DMCA. The purpose of the proceeding is to
determine whether current technologies that control access to copyrighted works
are diminishing the ability of individuals to use works in lawful, noninfringing
ways. The DMCA does not forbid the act of circumventing copy controls, and
therefore this rulemaking proceeding is not about technologies that control
copying. Nor is this rulemaking about the ability to make or distribute products
or services used for purposes of circumventing access controls, which are
governed by a different part of section 1201."
This proceeding was conducted by, and this rule was written by, attorneys and other
staff in the office of the Register of Copyrights, which is a part of the Library of
Congress.
The CO received, and published in its web site,
74 initial comments,
and 35 reply comments.
The six categories of exemptions are set out below. This language amends the CO's
rule on DMCA anti- circumventions exemptions, which is codified at 37 C.F.R. § 201.40.
First, the new rule creates an exemption for any "Audiovisual works included in
the educational library of a college or
university's film or media studies department, when circumvention is
accomplished for the purpose of making compilations of portions of those works
for educational use in the classroom by media studies or film professors."
Second, the new rule creates an exemption for any "Computer programs and video
games distributed in formats that have become obsolete and that require the original
media or hardware as a condition of access, when circumvention is accomplished for the
purpose of preservation or archival reproduction of published digital works by a library
or archive. A format shall be considered obsolete if the machine or system necessary to
render perceptible a work stored in that format is no longer manufactured or is no
longer reasonably available in the commercial marketplace."
Third, the new rule creates an exemption for any "Computer programs protected by
dongles that prevent access due to malfunction or damage and which are obsolete. A dongle
shall be considered obsolete if it is no longer manufactured or if a replacement or
repair is no longer reasonably available in the commercial marketplace."
Fourth, the new rule creates an exemption for any "Literary works distributed in
ebook format when all existing ebook editions of the work (including digital text
editions made available by authorized entities) contain access controls that prevent the
enabling either of the book's read-aloud function or of screen readers that render the
text into a specialized format."
The CO found that "Some literary works are distributed in ebook form with the
read-aloud and screen reader functions disabled through the use of digital
rights management tools. In order to alter the usage settings of such ebooks in
order to enable read-aloud and screen reader functionality, a user would have to
circumvent access controls."
See also,
comment
[PDF] of Mark Richert (American Foundation for the
Blind) and Michael Richards and Joseph DiScipio
(Fletcher Heald & Hildreth).
Fifth, the new rule creates an exemption for any "Computer programs in the form
of firmware that enable wireless telephone handsets to connect to a wireless telephone
communication network, when circumvention is accomplished for the sole purpose of
lawfully connecting to a wireless telephone communication network."
Sixth, the new rule creates an exemption for any "Sound recordings, and
audiovisual works associated with those sound recordings, distributed in compact disc
format and protected by technological protection measures that control access to lawfully
purchased works and create or exploit security flaws or vulnerabilities that compromise
the security of personal computers, when circumvention is accomplished solely for the
purpose of good faith testing, investigating, or correcting such security flaws or
vulnerabilities."
This sixth exemption addresses the situation exposed by Sony BMG's brief use
of rootkit technology on music CDs. See, stories titled "Texas Sues Sony BMG
Alleging Violation of Texas Spyware Statute" in
TLJ Daily E-Mail
Alert No. 1,258, November 22, 2005, and "Texas Amends Spyware Complaint
Against Sony BMG" in
TLJ Daily E-Mail
Alert No. 1,280, December 29, 2005. Some Sony music CDs, distributed in
2005, installed digital rights management (DRM) software, and concealed that
software.
The CO found that "The rootkit creates security vulnerabilities by providing
a cloak that conceals malicious software, a cloak that, in fact, was exploited
by disseminators of malware within days of the discovery of the XCP rootkit."
The CO found that this warrants the creation of a limited exemption "for the
purpose of good faith testing, investigating, or correcting such security flaws
or vulnerabilities". See, Federal Register at page 68477.
Edward Felten (Princeton) and
Deirdre Mulligan (UC Berkeley) had sought a broader exemption for "sound
recordings and audiovisual works distributed in compact disc format and
protected by technological measures that impede access to lawfully purchased
works by creating or exploiting security vulnerabilities that compromise the
security of personal computers". The Computer
and Communications Industry Association (CCIA) also filed a comment seeking
a broader exemption for any "access control measures which threaten critical
infrastructure and potentially endanger lives". See, CCIA
comment
[PDF], Mulligan's and Felten's
comment [13 pages in PDF].
TLJ spoke with Matthew Schruers of the CCIA. He said that "we are encouraged
that the Office has recognized that this is a problem, and acted to remedy it."
Rejected Proposals. The CO also received numerous comments requesting that
other exemptions also be recognized. The CO rejected, and the Librarian of Congress
concurred in the rejection of, these other requests.
The CO rejected proposals to create exemptions for all works, for the
purpose of making back up copies, for fair use purposes, and for other broad purposes.
The CO also rejected various proposals that were not articulated with
specificity, or evidence in support.
Porn Filters. The CO rejected requests regarding compilations
consisting of lists of internet locations blocked by commercially marketed
filtering software applications that are intended to prevent access to domains,
websites or portions of web sites, but not including lists of internet locations
blocked by software applications that operate exclusively to protect against
damage to a computer or a computer network or lists of internet locations
blocked by software applications that operate exclusively to prevent receipt of email.
The CO had previously created similar exemptions in 2000 and 2003 to permit
circumvention to access the block lists of porn filters.
However, the CO noted that "proponents in the current rulemaking proceeding made
no attempt to make any factual showing whatsoever, choosing instead to rest on the record
from three years ago", and that the record revealed no use of the 2003 exemption.
Space Shifting. The CO rejected requests to permit circumvention of
technological protection measures applied to movies, music and other works on DVDs, CDs,
and other media in order to copy these works to other media or devices.
The CO concluded that "the reproduction of those works onto new devices is an
infringement of the exclusive reproduction right unless some exemption or
defense is applicable. In the absence of any persuasive legal authority for the
proposition that making copies of a work onto any device of the user's choosing
is a noninfringing use, there is no basis for recommending an exemption to the
prohibition on circumvention." See, Federal Register at page 68478.
DVDs and Linux. The CO rejected proposals to allow
circumvention of Content Scrambling System (CSS) in order to use computers
running the Linux operating system to view motion pictures on DVDs.
The CO found that "there is evidence in the record that Linux-based DVD
players currently exist". It added that "there are many readily available ways
in which to view purchased DVDs".
Broadcast Flag. The CO rejected proposals to create an exemption
related to a broadcast flag. The CO wrote that "A number of comments assert that
broadcast flags for television and radio broadcasts would interfere with time
shifting, format-shifting, and recording for personal use. However, there is
currently no broadcast flag mandate for either television or radio broadcasts
and whether such a mandate will exist within the next three years is a matter of
speculation. If it does exist, it will be due in whole or in part to
Congressional action. Moreover, even if an audio or television broadcast flag
were to be established, the precise substance of the requirement is unknown at
this time. The Register cannot recommend an exemption based upon speculation
about a legal regime that may or may not be imposed in the next three years."
See, Federal Register at page 68479.
Region Coded DVDs. The CO rejected proposals to permit circumvention
in order to obtain access to motion pictures protected by region coding. The CO
also denied similar requests in 2000 and 2003.
The CO concluded that region coding imposes an "incovenience
rather than actual or likely harm, because there are numerous options
available to individuals seeking access to content from other regions".
The CO reasoned that one option available to US consumers is to buy a foreign
DVD players capable of playing the foreign region code involved, and buy DVDs
with the corresponding foreign regional code.
The CO also stated that region coding on DVDs "serves legitimate purposes as
an access control, such as preventing the marketing of DVDs of a motion picture
in a region of the world where the motion picture has not yet been released in theaters,
or is still being exhibited in theaters."
The CO does not note that some content owners protect decades old content
with region coding, and decline to export such region coded content to other
regions, or to mail to other regions DVDs sold through web sites or by mail order.
One option for US consumers, that is precluded by the CO's refusal to grant an
exemption, would be to purchase in the US DVDs that a business has purchased
abroad and shipped to the US for resale, after the business has circumvented,
and then play the DVD on a DVD player made for the US market. Another option,
which remains available to US consumers, would be to fly to another continent,
buy the foreign region coded DVD, buy a DVD player that plays content so coded,
and fly back to the US.
The CO concluded that an exemption is not necessary because US
consumers have "inexpensive options". See, Federal Register at page 68478.
See also, stories titled "Copyright Office Announces Proceeding on DMCA
Anti-Circumvention Exemptions" in
TLJ Daily E-Mail Alert
No. 1,229, October 7, 2005, and "Copyright Office Delays Release of Triennial
DMCA Exemptions Rule" in TLJ Daily E-Mail Alert No. 1,478, October 30, 2006.
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FCC to Conduct Media Ownership
Studies |
11/27. The Federal Communications Commission (FCC)
released a
Pubic Notice [2 pages in PDF] titled "FCC Names Economic Studies to Be Conducted
As Part of Media Ownership Rules Review". It states that the FCC will conduct ten
peer reviewed economic studies as part of its long running review of its media ownership rules. See
also, FCC web page for these
studies.
The FCC's notice, released on November 22, does not explain the FCC's understanding
of the process of peer review.
The FCC's notice announces the titles of the studies, and some of the prospective
authors.
- "How People Get News and Information", by unidentified authors
associated with Nielsen.
- "Ownership Structure and Robustness of Media", by Anthony Bush, Kiran
Duwadi, Scott Roberts, and Andrew Wise (all employed by the FCC).
- "Effect of Ownership Structure and Robustness on the Quantity and Quality of
TV Programming", by Gregory
Crawford (University of Arizona).
- "News Operations", by Kenneth Lynch, Daniel Shiman, and Craig Stroup
(all employed by the FCC).
- "Station Ownership and Programming in Radio", by
Tasneem Chipty (CRAI).
- "News Coverage of Cross-Owned Newspapers and Television Stations", by
Jeffrey
Milyo (University of Missouri).
- "Minority Ownership", by
Arie Beresteanu
and Paul Ellickson (both of
Duke University).
- "Minority Ownership", by
Allen Hammond
(Santa Clara University) and Barbara O’Connor (California State University,
Sacramento).
- "Vertical Integration", by
Austan Goolsbee
(University of Chicago).
- "Radio Industry Review: Trends in Ownership, Format, and Finance",
by George Williams (FCC).
FCC Commissioner Jonathan
Adelstein released a
statement
[PDF] in which he wrote that this notice "ultimately undermines the public's
confidence by raising more questions than it answers. The legitimacy of the studies is
directly correlated to the transparency of the process undertaken to develop the studies
and select the authors."
Adelstein (at right) elaborated that
"The descriptions of the studies are scant, lacking any sense of the Commission's
expectations for scope, proposed methodology and data sources. In certain instances, the
truncated period of time to complete the studies is an ingredient for a study that doesn't
engender public faith and confidence. The release of this deficient Public
Notice is unfortunate given the importance of these studies in evaluating the
impact of media ownership on the American public."
FCC Commissioner Michael Copps
released a
statement
[PDF] in which he wrote that "Any FCC decision that could fundamentally reshape the
nation's media environment must be reached through a process that is open and transparent
to the American people. Today's announcement of the Commission’s new media ownership
studies, unfortunately, raises more questions in the public’s mind than it answers. How
were the contractors selected for the outside projects? How much money is being spent on
each project -- and on the projects collectively? What kind of peer review
process is envisioned? Why are the topics so generalized rather than being
targeted to more specific questions?".
While Commissioner Copps seeks "a process that is open and transparent to the
American people" in this matter, he is an active proponent for secrecy and
nontransparency in most other FCC matters. For example, he has argued at FCC
events, and in Congressional testimony, that the Commission should be able to
conduct agency business in secret, unbound by the open meeting statute that requires
other agencies to conduct their business in public. See, for example, story
titled "Copps and Stevens Advocate Less Transparency at FCC" in
TLJ Daily E-Mail
Alert No. 1,272, December 14, 2005.
Meanwhile, Randolph May of the Free
State Foundation, wrote in a release dated November 27 that the media ownership rules
were written between the 1940s and 1970s, "when most people got their news and
information from the local newspaper or a few over-the-air broadcast stations-in other
words, before cable television, before satellite TV, before wireless networks and, most
significantly, before the Internet." He argued that these rules "should be
substantially relaxed or eliminated to reflect the realities of the diversity of
information sources available in today's media marketplace".
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Publication Schedule |
There was no issue of the TLJ Daily E-Mail Alert on Wednesday,
November 22, Thursday, November 23, or Friday, November 24, 2006.
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Washington Tech Calendar
New items are highlighted in red. |
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Monday, November 27 |
The House will next meet on Tuesday, December 5, 2006, at 10:00 AM. See,
Republican Whip Notice. See
also,
HConRes 496.
The Senate will next meet on Monday, December 4, 2006. See also,
HConRes 496.
9:30 - 11:30 AM. The Federal Communications
Commission's (FCC) WRC-07 Advisory Committee's Informal Working Group 4:
Broadcasting and Amateur Issues will meet. See,
notice
[PDF]. Location: Pillsbury Winthrop Shaw Pittman, Conference Room 1G, 2300 N
Street, NW.
10:00 AM. The Supreme Court
will hear oral argument in Bell Atlantic v. Twombly, Sup. Ct. No. 05-1126.
This case pertains to whether a complaint against a regional bell operating
company (RBOC) that alleges parallel or similar behavior, and conspiracy to
limit competition, but includes no allegations in support other than the
similar or parallel conduct, is sufficient to survive a motion to dismiss. See also,
amicus brief of the Office of the
Solicitor General and
story titled "Supreme Court Grants Cert in Bell Atlantic v. Twombly" in
TLJ Daily E-Mail
Alert No. 1,399, June 26, 2006. See also, Supreme Court
docket. Location:
1 First St., NW.
Deadline to submit reply comments to the
Federal Communications Commission (FCC) in response to
it further notice of proposed rulemaking (FNPRM) regarding maritime Automatic
Identification Systems (AIS). The FCC adopted this item on July 20, 2006, and released
it on July 24, 2006. It is FCC 06-108 in WT Docket No. 04-344. See,
notice in the Federal Register, October 12, 2006, Vol. 71, No. 197, at
Pages 60102-60106.
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Tuesday, November 28 |
10:00 AM. The Supreme Court
will hear oral argument in KSR International v. Teleflex, Sup. Ct. No.
04-1350. See also,
amicus
brief of the Office of the Solicitor General,
and story titled "Supreme Court Grants Cert in Patent Obviousness Case" in
TLJ Daily E-Mail
Alert No. 1,399, June 26, 2006. See also, Supreme Court
docket. Location: 1
First St., NW.
12:00 NOON - 1:30 PM. The
Federal Communications Bar Association's (FCBA)
Enforcement Practice Committee will host a brown bag lunch titled "Telemarketing
Enforcement -- TCPA, CAN-SPAM, Do-Not-Call, Junk Fax and More". The speakers
will be Kris Monteith (Chief of the FCC's Enforcement Bureau) and Lydia Parnes (Chief
of the FTC's Bureau of Consumer Protection). For more information, contact Christi
Shewman by November 27 at christi dot shewman at fcc dot gov. Location: Arnold &
Porter, Paul Porter Room, 10th Floor, 555 12th Street, NW.
12:00 NOON - 1:30 PM. The DC
Bar Association will host a panel discussion titled "Music Industry: Sound
Recordings and Public Performance Rights". The speakers will include Gary
Greenstein (SoundExchange), Daryl Friedman (Recording Academy), Jay Rosenthal (Recording
Artists’ Coalition), and John Simson (SoundExchange). The price to attend ranges
from $25 to $35. For more information, call 202-626-3463. See, notice. Location:
D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.
12:30 - 5:00 PM. The U.S.
Chamber of Commerce will host an event titled "Next Steps for the American
Trade Agenda". The speakers will include
Susan Schwab (U.S. Trade Representative), former Rep. Cal Dooley
(D-CA), and former USTR Clayton Yeutter. The U.S. Chamber
notice
states that the topics covered will include "What are the prospects for
extension of Trade Promotion Authority and completion of additional free-trade
agreements in the 110th Congress? What is the future of the multilateral
trading system, the Doha Development Agenda, and the WTO's dispute settlement
system? How can U.S. international economic policy confront the emerging challenge
posed to international business by divergent views of antitrust and intellectual
property law?" The price to attend ranges from $50 to $70. For more information,
contact Maria Medrano at mmedrano at uschamber dot com or 202-463-5384. See,
registration page. Location: U.S. Chamber 1615 H St., NW.
2:00 - 4:00 PM. The Federal Communications
Commission's (FCC) WRC-07 Advisory Committee's Informal Working Group 3: IMT-2000
and 2.5 GHz Sharing Issues will meet. See,
notice [PDF]. Location: FCC, 4th Floor South Conference Room (4-B516), 445
12th Street, SW.
Deadline to submit reply comments to the
Federal Communications Commission
(FCC) in response to National LambdaRail's petition
for reconsideration or clarification of the FCC's Order establishing a rural
telehealth and telemedicine pilot subsidy program. See, FCC
Public
Notice (DA 06-2279). The FCC's order is FCC 06-144 in WC Docket No. 02-60.
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Wednesday, November 29 |
9:30 AM - 12:00 NOON. The Department of Justice's (DOJ)
Antitrust Division and the
Federal Trade Commission (FTC) will hold another in
their series of joint hearings on single firm conduct. The topic of this hearing
is loyalty discounts. The witnesses will be Joseph Kattan (Gibson, Dunn & Crutcher),
Thomas Lambert (University of Missouri School of Law), Barry Nalebuff (Yale
University School of Management), and David Sibley (University of Texas at
Austin). Location: Conference Room C, FTC's Conference Center, 601 New Jersey
Ave., NW.
12:00 NOON - 2:00 PM. The DC
Bar Association will host a panel discussion titled "A New Era for
CFIUS". The speakers will include
Jeanne Archibald (Hogan & Hartson),
Joe Cwiklinski (Senate Banking Committee), Nova Daly (Department of the Treasury),
Harvey Nathan (EADS North America Defense), and Keith Loken (Department of State). The
price to attend ranges from $5 to $25. For more information, call 202-626-3463. See,
notice.
Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.
1:30 - 3:30 PM. The Federal Communications Commission's (FCC) WRC-07
Advisory Committee's Informal Working Group 2: Satellite Services and
HAPS will meet. See,
notice [PDF]. Location: Leventhal Senter & Lerman, 7th Floor Conference
Room, 2000 K Street, NW.
1:30 AM - 4:00 PM. The Department of Justice's
(DOJ) Antitrust Division and the
Federal Trade Commission (FTC) will hold another in
their series of joint hearings on single firm conduct. The topic of this hearing
is loyalty discounts. The witnesses will be Daniel Crane (Cardozo School of Law),
Timothy Muris (O'Melveny & Myers), Janusz Ordover (New York University), and
Willard Tom (Morgan Lewis & Bockius). Location: Conference Room C, FTC's Conference
Center, 601 New Jersey Ave., NW.
2:00 - 4:00 PM. The Department of State's (DOS)
International
Telecommunication Advisory Committee (ITAC) will meet to discuss proposed US
contributions to the Permanent Executive Committee of the Organization of American
States Inter-American Telecommunication Commission (COM/CITEL). See,
notice in the Federal Register, October 31, 2006, Vol. 71, No. 210, at
Page 63828. Location: undisclosed.
Deadline to submit initial comments to the
Federal Communications Commission (FCC) in response to its
Notice of
Inquiry [37 pages in PDF] regarding preparation of its annual report to the Congress
regarding the status of competition in markets for the delivery of video programming.
This NOI is FCC 06-154 in MB Docket No. 06-189. The FCC adopted this NOI at an
October 12, 2006, meeting, and released it on October 20, 2006. See, stories
titled "FCC Adopts NOI Regarding Video Competition" in TLJ Daily E-Mail Alert
No. 1,467, October 12, 2006, and "FCC Releases NOI on Video Competition and
Other Issues" in TLJ Daily E-Mail Alert No. 1,473, October 23, 2006. See also,
notice in the Federal Register, November 17, 2006, Vol. 71, No. 222, at
Pages 66946-66953.
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Thursday, November 30 |
8:00 AM - 2:00 PM. Deloitte Touche will host a
conference titled "Building Public Trust: The Role of Public and Private
Sectors in Preventing Identity Theft Conference". The speakers will
include Deborah Majoras (FTC Chairman), Lydia Parnes (Director of the
FTC's Bureau of Consumer Protection), and Paul McNulty (Deputy Attorney
General). See,
notice and agenda. For more information, call 703-251-1383, Location: Four
Seasons Hotel, 2800 Pennsylvania Ave., NW.
9:00 AM - 10:30 PM. The DC Bar
Association's Intellectual Property Law Section will host a seminar titled
"Dilution Update". The speakers will include
Roberta Horton
(Arnold & Porter). 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.
9:30 AM. The Federal Communications Commission's
(FCC) North American Numbering Council (NANC) will meet. See,
notice in the Federal Register, November 8, 2006, Vol. 71, No. 216, at
Pages 65520-65521. Location: FCC, Room TW-C305, 445 12th St., SW.
10:30 AM - 12:00 NOON. The Department of State's (DOS)
International Telecommunication
Advisory Committee (ITAC) will meet to discuss proposed U.S. contributions to
the Committee on Information Services and Policy (CISP) and Working Party on the
Information Economy (WPIE) meetings of the Organization for Economic Co-operation and
Development (OECD). See,
notice in the Federal Register, October 31, 2006, Vol. 71, No. 210, at
Page 63828. Location: Room 2533A, Harry Truman Building.
11:00 AM - 12:00 PM. The
Heritage Foundation will host a panel discussion
titled "The Future of the Attorney-Client Relationship in White-Collar
Prosecutions". See,
notice. Location:
Heritage, 214 Massachusetts Ave., NE.
12:15 PM. The Federal
Communications Bar Association's (FCBA) Wireless Telecommunications Practice
Committee will host a lunch. The topic will be "Analysts' Perspective of the
AWS Auction". The speakers will include Rebecca Arbogast (Stifel Nicolaus)
and Anna Maria Kovacs (Regulatory Source Associates). The price to attend is $15. See,
registration form [PDF].
Registrations and cancellations are due by 12:00 NOON on November 28. Location:
Latham & Watkins, 10th floor, 555 11th
St., NW.
TIME? The Department of Justice's (DOJ)
Antitrust Division and the
Federal Trade Commission (FTC) will hold
another of their series of hearings on single-firm conduct. This hearing will
address loyalty discounts. Location?
TIME? The Federal Communications
Commission's (FCC) North American Numbering
Council (NANC) will hold a meeting. Location: ___.
Deadline to submit comments to the
National Institute of Standards and Technology's
(NIST) Computer Security Division regarding its
Draft Special Publication 800-54 [57 pages in PDF], titled "Border
Gateway Protocol Security".
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Monday, December 4 |
The Senate will return from its Thanksgiving recess. See,
HConRes 496.
8:30 AM - 5:00 PM. The
National Science Foundation's (NSF) Advisory Committee for International
Science and Engineering will meet. See,
notice in the Federal Register, November 13, 2006, Vol. 71, No. 218, at
Page 66201. Location: 4201 Wilson Boulevard, Room 1235, Arlington, VA.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument in E-PASS Tech v. 3Com, App.
Ct. No. 2006-1356. Location: Courtroom 203, 717 Madison Place, NW.
Extended deadline to submit comments to the
Department of Commerce's (DOC) Bureau of Industry and
Security (BIS) regarding its proposed changes to its Export Administration Regulations
(EAR) pertaining to exports and reexports of dual-use items to the People's Republic of
China (PRC). Dual use items include certain encryption products, information security
products, fiber optic products, computers, and software. See, original
notice in the Federal Register, July 6, 2006, Vol. 71, No. 129, at Pages
38313-38321, and
notice of extension in the Federal Register, October 19, 2006, Vol. 71,
No. 202, at Page 61692.
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