6/18. The Supreme Court issued its opinion [30 pages in PDF] in Credit Suisse Securities v. Billing, a case regarding when federal securities laws preclude an antitrust claim against securities underwriters.

The Supreme Court wrote that "A group of buyers of newly issued securities have filed an antitrust lawsuit against underwriting firms that market and distribute those issues. The buyers claim that the underwriters unlawfully agreed with one another that they would not sell shares of a popular new issue to a buyer unless that buyer committed (1) to buy additional shares of that security later at escalating prices (a practice called "laddering"), (2) to pay unusually high commissions on subsequent security purchases from the underwriters, or (3) to purchase from the underwriters other less desirable securities (a practice called ``tying´´)." (Parentheses in original.)

The Court continued that "The question before us is whether there is a ``‘plain repugnancy’´´ between these antitrust claims and the federal securities law."

It concluded that there is, and added, "Consequently we must interpret the securities laws as implicitly precluding the application of the antitrust laws to the conduct alleged in this case."

Hence, the Supreme Court reversed the judgment of the U.S. Court of Appeals (2ndCir).

This case is Credit Suisse First Boston Ltd., et al. v. Glen Billing, et al., Sup. Ct. No. 05-1157, a petition for writ of certiorari to the U.S. Court of Appeals for the 2nd Circuit, App. Ct. Nos. 03-9284 and 03-9288. See also, Supreme Court docket.

6/18. The Supreme Court issued three opinions and an Orders List on June 18, 2007. However, it has yet to issue its opinions in Leegin Creative Leather Products v. PSKS and Tellabs v. Makor. Leegin is an antitrust case regarding minimum resale price maintenance by manufacturers and intermediate distributors. The case could impact the way some consumer electronics products are marketed. See story titled "Supreme Court Grants Certiorari in Antitrust Cases" in TLJ Daily E-Mail Alert No. 1,501, December 8, 2007. This case is Leegin Creative Leather Products, Inc. v. PSKS, Inc., Sup. Ct. No. 06-480, a petition for writ of certiorari to the U.S. Court of Appeals for the 5th Circuit, App. Ct. No. 04-41243. See also, Supreme Court docket. Tellabs is a case regarding the heightened pleading requirements of the Private Securities Litigation Reform Act (PSLRA). The outcome will likely impact the number and viability of class action securities lawsuits against technology companies. This case is Tellabs, Inc. and Richard Notebaert v. Makor Issues & Rights, Ltd., et al., Sup. Ct. No. 06-484, a petition for writ of certiorari to the U.S. Court of Appeals for the 7th Circuit, App. Ct. No. 04-1687. See also, Supreme Court docket.

6/18. The Supreme Court denied certiorari in EML Technologies v. Desa IP, a patent case. See, Orders List [9 pages in PDF] at page 2. This lets stand the January 4, 2007, opinion [12 pages in PDF] of the U.S. Court of Appeals (FedCir). This case is EML Technologies, LLC, et al. v. Desa IP, LLC, Sup. Ct. No. 06-1455, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 06-1168. See also, Supreme Court docket.

6/18. The Supreme Court denied certiorari in Israel Bio-Engineering Project v. Amgen, a case involving ownership of a patent. See, Orders List [9 pages in PDF] at page 7. This lets stand the January 29, 2007, opinion [22 pages in PDF] of the U.S. Court of Appeals (FedCir). This case is Israel Bio-Engineering Project v. Amgen, Inc., et al., Sup. Ct. No. 06-1552, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 06-1218. See also, Supreme Court docket.

6/19. Microsoft, the Department of Justice's (DOJ) Antitrust Division, and state plaintiffs filed a pleading with the U.S. District Court (DC) titled "Joint Status Report on Microsoft's Compliance with the Final Judgments" in U.S. v. Microsoft, D.C. No. 98-1232 (CKK).

This is the DOJ's antitrust action against Microsoft filed in 1998. Pursuant to the final judgment, the DOJ and U.S. District Court continue to regulate operating system software development by Microsoft. This report addresses numerous topics, including an issue raised by Google regarding search functions.

This report states that Google complained to the DOJ late last year regarding Microsoft's desktop search function in Windows Vista, and that the DOJ notified Microsoft.

The report continues that "Microsoft has worked cooperatively with the Plaintiffs to answer their questions and has provided detailed documentary and technical information to the Plaintiffs and their technical experts. Microsoft believes that Google's complaint is without merit. Nevertheless, Microsoft worked with the Plaintiffs in a spirit of cooperation to resolve any issues the complaint may raise under the Final Judgments. Microsoft has committed to make the changes described in the Plaintiffs' section of this report in Service Pack 1 for Windows Vista. Microsoft anticipates that beta code will be available by the end of the year."

In addition, Thomas Barnett, the Assistant Attorney General in charge of the Antitrust Division, stated in a release that "Through a constructive and ongoing dialogue, the Department, the state Attorneys General, and the District of Columbia continue to ensure that Microsoft complies with all of its obligations under the final judgments ... In addition to reaching an agreement with Microsoft to resolve any issues about desktop search under the final judgments, the Antitrust Division has worked to ensure that Microsoft fully discloses and provides complete technical documentation for all protocols covered by the decrees.”

The U.S. District Court (DC), Judge Colleen Kotelly presiding, will hold a status conference at 10:30 AM on June 26, 2007.

6/20. The Progress and Freedom Foundation (PFF) released a report [119 pages in PDF] titled "Parental Controls and Online Child Protection: A Survey of Tools & Methods". The author is the PFF's Adam Thierer.

The report finds that "parents now have multiple layers of protection at their disposal to shield their children from potentially objectionable media content or to protect them while they are online. These tools include the various content rating and labeling systems, the V-Chip, set-top box parental controls (including gaming console controls), personal video recorders, Internet and mobile media filtering and screening services, monitoring tools, and so on." (Parentheses in original.)

Moreover, "media creators and information distributors are taking steps to help parents make content determinations and better control child access to unwanted media."

The report also addresses various legislative proposals. For example, it states that "Many policymakers are advocating mandatory age verification of minors as a potential solution to some of the concerns expressed above. In particular, many state attorneys general (AGs) are demanding that social networking websites such as MySpace, Facebook, Xanga, and others verify the age of their users before they are allowed on such sites." (Footnotes omitted from all quotations.)

The report argues that "perfect age verification is a quixotic objective and the pursuit of it could create a false sense of security for both parents and children. It is also important that lawmakers do nothing that could force mainstream, domestic social networking sites offshore or, even worse, that could drive the users we are trying to protect to offshore sites."

The report also addresses data retention mandates. "Many lawmakers argue that data about subscribers or consumers should be retained for much longer periods to aid law enforcement efforts." It adds that "In 2006, members of Congress and officials at the Justice Department floated new proposals that would have required ISPs and others (including search engines and social networking sites) to retain data on their customers and traffic flows for long periods (typically between six months and three years, if not longer)." (Parentheses in original.)

The report argues that while government surveillance was feasible when there was a single communications technology and a single monopoly provider, it is not today.

The report states that "Back in the days of a regulated communications monopoly, the monopolist (namely, AT&T) was willing to comply with whatever the government demanded on these matters because (a) cost recovery was possible or even guaranteed through rate-of-return regulatory proceedings, and (b) it was more commonly understood that this was part of the regulatory compact or quid pro quo. Indeed, if you go back and read cold war-era histories that incorporate a communications component, you will discover how AT&T bent over backward to cooperate with the feds on these matters."

But, the report finds, "the world has changed since then and the communications industry has expanded to include more companies, sectors and technologies. Thus, even if the government can demand that telecom companies like AT&T, Qwest and Verizon to retain all the information government wants collected, how far does that really get them? What about Comcast, Time Warner, Cox, Google, Yahoo!, Microsoft, eBay, MySpace.,com, Facebook, Live Journal, and the countless other companies that move or retain data about users or customers?"

It concludes that "government still wants to play the game the old way but now must contend with dozens (and potentially hundreds) of stakeholders instead of just one big communications monopoly." (Parentheses in original.)

The report also addresses risks associated with data retention mandates. It states that "it’s unclear where companies would even store all the information that government wants them to collect", and "who should have access to such data and how those parties would protect all that information from unauthorized uses." The report states a wide range of actors, including identity thieves, hackers, and divorce lawyers would seek access.

The report offers an alternative framework for data retention. It proposes that "the government should be able to ask an ISP (or any other Internet company) to retain data but: (a) only through a well-established judicial subpoena process; (b) only for specific individuals who officials have probable cause to believe are engaging in illegal activities (terrorism, child porn, etc.); and, (c) only for a limited period (officials should seek additional subpoenas for extended data retention)." (Parentheses in original.)

The report concludes that "There is a world of difference between this sort of data preservation policy and the data retention mandates that many lawmakers are proposing today, which would require ISPs and other Internet companies to retain massive amounts of customer data for an extended period."

On Friday, June 22, at 10:00 AM, the House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Images Kids See on the Screen". Thierer, the author of this report, will be one of the witnesses.

On Tuesday, June 26, at 10:00 AM, the Senate Commerce Committee (SCC) will hold a hearing titled "Impact of Media Violence on Children".

6/20. President Bush announced his intent to nominate Deborah Tate (at right) to be a Commissioner of the Federal Communications Commission (FCC) for a five year term expiring on June 30, 2012. The is a renomination. She is currently an FCC Commissioner. See, White House release. FCC Chairman Kevin Martin praised Tate in a release [PDF].

6/20. President Bush announced his intent to nominate John Young to be Under Secretary for Acquisition, Technology and Logistics at the Department of Defense (DOD). He is currently the DOD's Director of Defense Research and Engineering. See, White House release.

6/19. Robert Portman resigned from his position as Director of the Office of Management and Budget (OMB) in the Executive Office of the President (EOP). President Bush announced his intent to nominate Jim Nussle to be the next OMB Director. Nussle was a member of the House of Representatives from 1991 through 2007, and Chairman of the House Budget Committee. See, White House release. See also, transcript of statements by Bush, Portman and Nussle at White House event.

6/18. Terry Semel resigned from his position as CEO of Yahoo. He was CEO and Chairman of the Board of Directors. He will continue as non-executive Chairman. The Board  named co-founder Jerry Yang CEO. It named Susan Decker President. See, Yahoo release, Semel's letter to Board, and Board's letter to Semel.

6/18. John Duffy was named Adjunct Fellow at the Progress and Freedom Foundation (PFF). He is a professor at the George Washington University Law School. See, PFF release.

6/7. David Krone, EVP of the National Cable & Telecommunications Association (NCTA), will leave the NCTA on October 1, 2007. See, NCTA release.

6/7. Gayle Osterberg of 133 Public Affairs was named Director of Communications for the Copyright Alliance (CA). See, CA release.

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The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's weekly calendar [PDF].

The Senate will meet at 10:30 AM. It will resume consideration of HR 6 [LOC | WW], the "Creating Long-Term Energy Alternatives for the Nation Act of 2007".

8:30 AM - 4:00 PM. The American Antitrust Institute (AAI) will host a conference. At 9:35 AM, Hector Ruiz, CEO of Advanced Micro Devices (AMD), will give a speech titled "The Meaning of a Global Market for Monopoly". At 3:00 PM, Thomas Barnett, Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division, will give a speech titled "Report on the Joint Hearings on Single-Firm Conduct". See, notice and agenda. Location: National Press Club, 13th floor, 529 14th St., NW.

8:45 AM. Hugo Teufel, Chief Privacy Officer at the Department of Homeland Security (DHS) will give the keynote speech at the Homeland Defense Journal Conference. Location: Capital Hilton Hotel, 1001 16th St., NW.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The Rise of the New Mercantilists: Unfair Trade Practices in the Innovation Economy". The speakers will be Rep. Artur Davis (D-AL), Robert Atkinson (ITIF), and Julie Hedlund (ITIF). RSVP to Torey Liepa at tliepa at itif dot org. Breakfast will be served. Location: Room 122, Cannon Building, Capitol Hill.

9:30 - 11:00 AM. The Institute for Policy Innovation (IPI) will host an event titled "An Analysis of EU Trade Policy". The speakers will include Syed Kamall (Member of the European Union Parliament), George Pieler (IPI), and Jens Laurson (Editor-in-Chief of the International Affairs Forum). RSVP to Sonia Blumstein at 205-620-2087 or soniab at ipi dot org. Location: 1st Amendment Lounge, National Press Club, 13th floor, 529 14th St. NW.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda again includes consideration of an "Authorization of Subpoenas in Connection with Investigation of Legal Basis for Warrantless Wiretap Program", consideration of S 1145 [PDF | LOC | WW], the "Patent Reform Act of 2007", and consideration of the nomination of Leslie Southwick to be a Judge of the U.S. Court of Appeals (5thCir). The SJC rarely follows its published agenda. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Caller ID Spoofing". This pertains to S 704 [LOC | WW] the "Truth in Caller ID Act of 2007". The witnesses will be Kris Monteith (Chief of the FCC's Enforcement Bureau), Jerry Cerasale (Direct Marketing Association), Allison Knight (Electronic Privacy Information Center), and Ron Jones (Tennessee Regulatory Authority). See, notice. Location: Room 253, Russell Building.

10:00 AM. The House Ways and Means Committee's Subcommittee on Social Security will hold a hearing titled "Protecting the Privacy of the Social Security Number from Identity Theft". See, notice. Location: Room B-318, Rayburn Building.

1:00 PM. The House Foreign Affairs Committee's Subcommittee on Trade will hold a hearing on "HR __, the "Overseas Private Investment Corporation Reauthorization Act of 2007". Location: Room 2255, Rayburn Building.

2:00 PM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Civil Rights Division Oversight". The witnesses will be Wan Kim (Assistant Attorney General in charge of the DOJ's Civil Rights Division), Wade Henderson (Leadership Conference on Civil Rights), Brian Landsberg (McGeorge School of Law), Helen Norton (University of Maryland law school). See, notice. For more information, call 202-224-7703. Location: Room 226, Dirksen Building.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Enforcement of U.S. Patent Laws Against International Activities: The Blackberry Case and Beyond". The speakers will be Joshua Turner, Karl Renner (Fish & Richardson), and Kevin Anderson (Wiley Rein). The price to attend ranges from $50 to $125. See, registration form [PDF]. Registrations are due by 5:00 PM on June 19. Location: Wiley Rein, 1776 K St., NW.

TIME? The Center for Democracy and Technology (CDT) will host an event titled "Taxing the Internet: How Long Should the Moratorium Last?" The speakers will be Jeffrey Arnold (National Association of Counties), Brian Bieron (eBay), Bartlett Cleland (Institute for Policy Innovation), Broderick Johnson (Don'tTaxOurWeb.org Coalition), and David Quam (National Governors Association). For more information, contact Tim Lordan at tim at netcaucus dot org or 202-638-4370. Location: __.

Day one of a seven day conference of the American Library Association (ALA) will hold its annual convention. See, notice. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

The House will meet at 9:00 AM for legislative business. See, Rep. Hoyer's weekly calendar [PDF].

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Images Kids See on the Screen". The witnesses will be Dan Glickman (Motion Picture Association of America), Donald Shifrin (American Academy of Pediatrics), Kyle McSlarrow (National Cable and Telecommunications Association), Cheryl Healton (American Legacy Foundation), Jon Rand (broadcaster), Patti Miller (Children Now), Adam Thierer (Progress and Freedom Foundation), and Mary Sophos (Grocery Manufacturers/Food Products Association). The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "The Effect of Supreme Court Decisions on Patent Reform Legislation". The panel will address eBay v. MercExchange, MedImmune v. Genentech and KSR v. Teleflex. The speakers will include John Duffy (George Washington University Law School), Andy Culbert (Microsoft), Phillip Johnson (Johnson & Johnson), John Squires (Goldman Sachs), and John Whealan (USPTO, currently working for the Senate Judiciary Committee). Lunch will be served. See, notice. Location: Room B369, Rayburn Building, Capitol Hill.

5:00 PM. Deadline to submit to the Office of the U.S. Trade Representative (OUSTR) petitions to modify the list of products that are eligible for duty free treatment under the Generalized System of Preferences (GSP) program. See, notice in the Federal Register, May 21, 2007, Vol. 72, No. 97, at Pages 28527-28528.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) on a wide range of patent issues. The USPTO seeks comments on various priority of invention issues, the prior art effective date of a published application or granted patent, the scope of prior art effect of published patent applications, the one year grace period, geographical restrictions that limit the definition of prior art, the public use or on sale bar, the experimental use exception to prior art, prior user rights, assignee filing of applications, and the 18 month publication of patent applications. See, notice in the Federal Register, May 3, 2007, Vol. 72, No. 85, at Pages 24566-24569. The deadline to submit comments is June 22, 2007.

Deadline to submit applications for membership on the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Council (HSINAC). See, notice in the Federal Register, May 8, 2007, Vol. 72, No. 88, at Page 26138.

9:00 AM - 5:00 PM. The President's Council of Advisors on Science and Technology (PCAST) will meet. The agenda includes "presentations on applications of nanotechnology, with specific examples of nanotechnology-based innovation and commercialization across a range of products and industries". See, notice in the Federal Register, June 6, 2007, Vol. 72, No. 108, at Pages 31326-31327. Location: Room 1235, National Science Foundation, 4201 Wilson Boulevard, Arlington, Virginia.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Verizon v. Vonage, App. Ct. No. 2006-M830. See, story titled "Federal Circuit Issues Stay of Injunction in Verizon v. Vonage" in TLJ Daily E-Mail Alert No. 1,569, April 24, 2007. Location: Courtroom 203.

11:00 AM. The National Cable & Telecommunications Association (NCTA) will host a technology demonstration event titled "OpenCable Showcase". Kyle McSlarrow (head of the NCTA) will speak. Lunch will be served afterwards. For more information, contact Brian Dietz at 202-222-2358 or bdietz at ncta dot com. Location: NCTA, 25 Massachusetts Ave., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Introduction to Satellite Regulation". The speakers will be Jennifer Manner (Mobile Satellite Ventures), Diane Cornell (Inmarsat), Susan Eid (DirecTV), Joslyn Read (SES New Skies), Jennifer Warren (Lockheed Martin), and Tony Lin (Pillsbury Winthrop Shaw Pittman). For more information, conntact Chris Fedeli at chrisfedeli at dwt dot com or Carolyn Roddy at croddy at sia dot org. Location: Wiley Rein, 1776 K St., NW.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Impact of Media Violence on Children". See, notice. Location: Room 253, Russell Building.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet regarding U.S. positions for a meeting of the Organization of American States Inter American Telecommunication Commission (CITEL) Permanent Consultative Committee II (Radiocommunication) which will prepare for the International Telecommunication Union World Radiocommunication Conference (WRC07). See, notice in the Federal Register, May 30, 2007, Vol. 72, No. 103, at Page 30045. Location: undisclosed.

10:30 AM. The U.S. District Court (DC) will hold a status conference in U.S. v. Microsoft, D.C. No. 98-1232 (CKK). Location: Courtroom 28A, Prettyman Federal Courthouse, 333 Constitution Ave., NW.

2:00 PM. The House Financial Services Committee (HFSC) will hold a hearing at which the five Commissioners of the Securities and Exchange Commission (SEC) will testify. See, notice. The hearing will be webcast by the HFSC. Location: Room 2128, Rayburn Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its request to update the record in its equal access and nondiscrimination proceeding. The FCC issued its original Notice of Inquiry (NOI) in February of 2002. See, notice in the Federal Register, March 28, 2007, Vol. 72, No. 59, at Pages 14554-14555. This proceeding is CC Docket No. 02-39. See also, Public Notice (DA 07-1071) [PDF] released on March 7, 2007.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host its annual luncheon. The speaker will be Federal Trade Commission (FTC) Chairman Deborah Majoras. The price to attend ranges from $50 to $125. Registrations and cancellations are due by 12:00 NOON on Friday, June 22. See, registration form [PDF]. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

2:30 PM. The Senate Commerce Committee (SCC) will meet to mark up several bills, including S 704 [LOC | WW] the "Truth in Caller ID Act of 2007", and S 1650 [LOC | WW], the "Max Cleland Minority Serving Institution Digital and Wireless Technology Opportunity Act". See, notice. For more information, contact Jenilee Keefe at 202-224-7824. Location: Room 253, Russell Building.

9:30 AM - 12:00 NOON. The Center for Public Integrity (CPI) and Progress & Freedom Foundation (PFF) will host an event titled "Conference on Broadband Statistics". The first panel is titled "What Do We Know About Availability and Use of Broadband in the United States?". The speakers will be Joseph Waz (Comcast), Derek Turner (Free Press), Robert Atkinson (Information Technology & Innovation Foundation), John Horrigan (Pew Internet & American Life Project), Kenneth Flamm (University of Texas at Austin), and Dennis Weller (Verizon Communications). The moderator will be Drew Clark (CIP). The second panel is titled "What Kinds of Broadband Data Collection Policies Should the U.S. Employ?" The speakers will be Beth Shiroishi (AT&T), Mark Lloyd (Center for American Progress), Drew Clark (CPI), Laura Taylor (ConnectKentucky), Clair Kaye (Cumberland Internet Inc.), and Colin Crowell (office of Rep. Ed Markey (D-MA)). The moderator will be Scott Wallsten (PFF). For more information, contact Steve Carpinelli (CPI) at 202-481-1225 or Brooke Glass (PFF) at 202-969-2952. Location: National Academy of Sciences, 2100 C St., NW.

1:00 PM. The Fiber to the Home Council (FTTH) will host a web seminar titled "Content and the Future of Broadband".

6:00 - 8:00 PM. The DC Bar Association will host a panel discussion titled "Meet the FTC and FCC Legal Advisors". See, notice. For more information, call 202-626-3463. The price to attend ranges from $10-$15. Location: City Club of Washington at Franklin, 1300 I St., NW, McPherson Square.