10/16. The full House is scheduled to consider HR 3678 [LOC | WW], the "Internet Tax Freedom Act Amendments Act of 2007", under suspension of the rules, on Tuesday, October 16, 2007. See, Majority Leader Steny Hoyer's calendar for Tuesday October 16.

Suspension of the rules means that the bill cannot be amended, and must win a two thirds majority for approval.

The Congress enacted the original Internet Tax Freedom Act (ITFA) in late 1998. It is codified at 47 U.S.C. § 151 note.

The original ban was for three years. The Congress has since provided short extensions, further definitions, and added to the exemptions. The current ban expires in two weeks, on November 1, 2007.

The House Judiciary Committee (HJC) amended and approved HR 3678 on Wednesday afternoon, October 10, 2007. The HJC approved an amendment in the nature of a substitute [PDF] offered by Rep. John Conyers (D-MI), the Chairman of the HJC. The HJC the approved the bill as amended by a vote of 38-0.

The bill as approved would extend the ban for four years, until November 1, 2011.

However, there was first considerable debate over the appropriate term of extension. The bill as approved has a four year extension. Rep. Bob Goodlatte (R-VA) lead an effort to obtain a longer extension. He first offered an amendment that would have permanently extended the ban. It failed on a roll call vote of 15-21. Rep. Zoe Lofgren (D-CA) from Silicon Valley voted for the amendment. Otherwise, only Republicans voted for it, and only Democrats voted against.

Rep. Goodlatte then offered an amendment that provided for an eight year extension. It was approved by a vote of 20-18. On this vote three Democrats, Rep. Lofgren, Rep. Linda Sanchez (D-CA), and Rep. Artur Davis (D-GA), joined with Republicans. Moreover, Republicans managed to turn out every one of their members for this vote, while several Democrats missed the vote.

Rep. Conyers treated the vote as a fluke, and held up the mark up while he sought a way to undo it. After a delay, Rep. Davis offered a motion to reconsider. Only members who voted for a proposition can bring a motion to reconsider it. The vote to reconsider passed by a vote of 21-16. Both Rep. Davis and Rep. Sanchez switched sides. Rep. Lofgren was the only Democrat to consistently support longer extensions. Then, the Committee voted a second time on Rep. Goodlatte's eight year extension amendment. On the second vote it failed 17-22.

Rep. Goodlatte also offered a third amendment that would have extended the ban for six years. It failed 16-21.

Rep. Goodlatte is a Co-Chairman of the Congressional Internet Caucus. So is Rep. Rick Boucher (D-VA). Rep. Boucher voted against all of Rep. Goodlatte's amendments to lengthen the extension.

Rep. Conyers argued that extending the ban is pro consumer, pro technology, and pro innovation, but that it should only last for four years. Moreover, he said the four year extension is the result of a carefully negotiated compromise.

Rep. Lofgren and the Republican proponents of a permanent ban argued that this is necessary to provide certainty, to incent investment in new facilities, and to promote broadband depolyment.

10/16. The following is a summary of HR 3678 [LOC | WW], the "Internet Tax Freedom Act Amendments Act of 2007", as approved by the House Judiciary Committee (HJC) on October 10, 2007, in the form of an amendment in the nature of a substitute [8 pages in PDF] offered by Rep. John Conyers (D-MI), the Chairman of the HJC.

This bill would extend the current ban, which expires on November 1, 2007, to November 1, 2011.

The current ban provides that "No State or political subdivision thereof may impose ... Taxes on Internet access" or "Multiple or discriminatory taxes on electronic commerce".

There are, however, grandfathered taxes, and numerous exceptions.

The bill extends the grandfather provisions for four years. However, it phases out certain grandfathered taxes. Rep. Conyers wrote in his summary that it phases out "those states that claim to be grandfathered as a result of the Internet Tax Nondiscrimination Act of 2004 and allows those states that have issued public rulings before July 1, 2007 that are inconsistent with the foregoing rules to be held harmless until November 1, 2007."

The bill also changes the definition of "Internet access". It provides that it "(A) means a service that enables users to connect to the Internet to access content, information, or other services offered over the Internet". Moreover, this includes "the purchase, use or sale of telecommunications by a provider of a service described in subparagraph (A) to the extent such telecommunications are purchased, used or sold (i) to provide such service; or (2) to otherwise enable users to access content, information or other services offered over the internet".

The bill continues that "Internet access" includes "services that are incidental to the provision of the service described in subparagraph (A) when furnished to users as part of such service, such as home page, electronic mail and instant messaging (including voice- and video capable electronic mail and instant messaging), video clips, and personal electronic storage capacity". (Parentheses in original.)

However, the bill provides that "Internet access" does not include "voice, audio or video programming ... that utilize Internet protocol ..."

The bill also addresses gross receipts taxes. Rep. Conyers wrote in his summary that "A small group of states have recently enacted taxes that apply to almost all large businesses in the state -- including Internet access providers. The new gross receipts taxes in these states serve as general business taxes and either substitute for or supplement the corporate income tax currently in place in those states, whereas in all other states, corporate income taxes serve as the general business tax. The result is that an Internet access provider could potentially decide not to pay the tax on its receipts attributable to providing Internet access service in those select states."

He wrote that the bill creates "an exemption for states that have enacted laws that would structure their gross receipts taxes in such a way as to be a substitute for state corporate income taxes that are not taxes on Internet access."

The bill removes Section 1108, which currently provides that "Nothing in this Act shall be construed to affect the imposition of tax on a charge for voice or similar service utilizing Internet Protocol or any successor protocol. This section shall not apply to any services that are incidental to Internet access, such as voice-capable e-mail or instant messaging."

10/10. Rep. Nick Lampson (D-TX), Rep. Steve Chabot (R-OH), Rep. Chris Carney (D-PA), and Rep. Sheila Lee (D-TX) introduced HR 3811 [LOC | WW], the "Intercept Child Predators Act of 2007"

This bill would amend 18 U.S.C. § 2516, which provides a long and growing list of crimes and classes of crimes that may serve as predicate offenses for the issuance of wiretap orders in federal and state proceedings.

Specifically, this bill would add "child sexual exploitation" and "child pornography" to the list of predicate offenses for the issuance of a state order for the "interception of wire, oral, or electronic communications".

The bill was referred to the House Judiciary Committee (HJC). Rep. Chabot and Rep. Lee are members.

10/10. Rep. Ed Perlmutter (D-CO) and others introduced HR 3815 [LOC | WW], the "Homeland Security Open Source Information Enhancement Act of 2007".

This bill states in its findings that "The Internet has profoundly expanded the amount, significance, and accessibility of all types of information, but the Department of Homeland Security has not sufficiently expanded its use of such information to produce analytical products."

The bill requires the Department of Homeland Security (DHS) to ensure that its "components responsible for information sharing and infrastructure protection ... make full and efficient use of open source homeland security information to develop and disseminate open source products".

This would entail the aggregation of personally identifiable information (PII) by the DHS, and then making this available to government and private sector entities.

The bill was referred to the House Homeland Security Committee. Rep. Perlmutter is a member.

10/9. Rep. Ted Poe (R-TX) introduced HR 3789 [LOC | WW], the "Consumer Cellphone Number Distribution Protection Act of 2007". This bill would add a new Section 1802 to Title 18, the criminal code, that criminalizes certain disclosures of cell phone numbers.

This bill provides that "Whoever knowingly discloses to another, for gain, a wireless subscriber's cell phone number without the express permission of the subscriber for that specific disclosure, if the number--
   (1) is not already readily publicly available; and
   (2) was obtained by the discloser or one in privity with the discloser as a condition of completing a commercial transaction that is in or affects interstate or foreign commerce and is unrelated to the disclosure;
shall be fined under this title or imprisoned not more than 6 months, or both."

The bill as introduced has no law enforcement or national security exemption.

The bill was referred to the House Judiciary Committee (HJC). Rep. Poe is not a member, and the bill has no original cosponsors.

10/15. Google, owner of YouTube, published a statement in its web site regarding its efforts to limit use of YouTube for copyright infringement. It announced that it has launched "in beta form, YouTube Video Identification". See also, web page titled "YouTube Video Identification Beta".

YouTube enables its users to publish, among other things, copyrighted content, such as songs and portions of TV programs, movies, and sports events. Google's advertising revenues are increased as a result of its users' infringement of copyrighted works.

Content owners have sued Google for this. See for example, story titled "Viacom Files Complaint Against Google and YouTube Alleging Violation of Copyright Law" in TLJ Daily E-Mail Alert No. 1,551, March 13, 2007, and March 12, 2007, complaint [PDF] filed in U.S. District Court (SDNY). The six count complaint alleges direct infringement by public performance, direct infringement by public display, direct infringement by reproduction, inducement of copyright infringement, contributory copyright infringement, vicarious copyright infringement.

Also, on March 6, 2007, Thomas Rubin, Microsoft's Associate General Counsel for Copyright, Trademark and Trade Secrets, gave a speech in which he stated that Google systematically violates copyright, both with respect to books, and user posted works. See, story titled "Microsoft Counsel Says Google Systematically Violates Copyright" in TLJ Daily E-Mail Alert No. 1,547, March 6, 2007.

Google wrote that "Video Identification is the next step in a long list of content policies and tools that we have provided copyright owners so that they can more easily identify their content and manage how it is made available on YouTube."

Google stated that it has developed a "technology that can recognize videos based on a variety of factors".

It also stated that "We take a unique ``hash´´ of every video removed for copyright infringement and block re-upload of that exact video file prospectively."

However, it provided little other explanation, and added that this technology is new, and will be refined.

Google continued that the system requires "the cooperation of the content owners themselves", and that copyright holders must "identify their works", and must make their "preference" known to Google.

Google describes this as "choice". It wrote that "The best we can do is cooperate with copyright holders to identify videos that include their content and offer them choices".

The Copyright Act imposes no obligation upon copyright holders to cooperate with infringers, or vicarious infringers, as a precondition to enforcement of their copyrights. Google seeks to create such a obligation. Under such a regime, large content companies might have the resources to participate in such programs with Google and other web sites that enable user posting of infringing copies. Smaller content companies, and individual copyright owners, would not.

Google also wrote that "Our strict repeat-infringer policy, which has been in place since our launch, terminates accounts of repeat infringers based on DMCA notices." It also stated that "We require a 10-minute limit on the length of content uploaded to the site." Moreover, "We provide content owners with an electronic notification and takedown tool, to help them more easily identify their material and notify us to take it down with the click of a mouse."

Ed Black, head of the Computer and Communications Industry Association (CCIA), complained in a release that "This service goes above and beyond what companies such as YouTube are legally required to do. This service could harm the dynamic and democratic flow of information on the Internet if implemented without due regard for the interests of consumers and other authors and artists."

He continued that "Despite numerous good faith efforts by YouTube, content owners have pressed for still more concessions. As a result of this new policy, Internet users who post video clips to YouTube will now have their submissions subject to the views of content oligopolies that have consistently stretched the limits of copyright beyond what the law actually says."

He continued that this will affect the "citizen journalist". He asked rhetorically, "what of political content? Will copyright holders use these procedures to suppress speech of which they disapprove?"

Gigi Sohn, head of the Public Knowledge, stated in a release that "It's a shame that Google was pressured by the entertainment industry into devoting resources to a limited system that could restrict the free flow of information while increasing the control content companies have over otherwise lawful uses of material."

She added that "we don’t think that any automated process will be able to determine whether a consumer’s fair use rights are being violated".

10/15. The Department of Justice's (DOJ) Antitrust Division announced that it will host a day long symposium titled "Voice, Video and Broadband: The Changing Competitive Landscape and Its Impact on Consumers". It will run from 9:00 AM to 5:30 PM on November 29, 2007.

The DOJ's notice states that the issues covered will include "The introduction of new facilities-based competition providing a bundle of voice, video and broadband services to consumers; The effects of such competition on price and the quality and diversity of services; and The existence of regulatory and other potential barriers to entry."

With respect to competition analysis of triple play discount bundling, see story titled "9th Circuit Rules on Application of Antitrust Law to Bundling Discounts" in TLJ Daily E-Mail Alert No. 1,635, September 6, 2007. That story is about a recent antitrust ruling involving bundling discounts in the health care sector, rather than telecommunications. See also, September 4 opinion [58 pages in PDF] of the U.S. Court of Appeals (9thCir) in McKenzie v. PeaceHealth.

The event is free and open to the public, but the DOJ requests pre-registration by November 16. Also, written comments are due by November 13. The DOJ states that "Studies, surveys, original research and empirical data are especially useful".

For more information, contact the DOJ's Ashley Becker at 202-514-5835 or Carl Willner at 202-514-5813. The symposium will be held in the Horizon Room, Ronald Reagan Building, 1300 Pennsylvania Ave., NW.

The DOJ's Antitrust Division often co-hosts events with the Federal Trade Commission's (FTC) Bureau of Competition. This is solely a DOJ event.

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. The House will consider HR 3678 [LOC | WW], the "Internet Tax Freedom Act Amendments Act of 2007", under suspension of the rules, and HR 2102 [LOC | WW], the "Free Flow of Information Act of 2007", subject to a rule. See, Majority Leader Hoyer's calendar for Tuesday and calendar for week.

The Senate will meet at 10:00 AM. It will resume consideration of HR 3093 [LOC | WW], the Departments of Commerce and Justice and Science Appropriations bill for FY 2008.

Sen. Mitch McConnell (R-KY), Sen. Trent Lott (R-MS), Sen. Ted Stevens (R-AK), and Sen. John Sununu (R-NH) will hold a news conference regarding permanently extending the Internet Tax Freedom Act. For more information, contact Don Stewart at 202-224-2979 or Jennifer Morris at 202-224-6871. Location: Senate Radio/TV Gallery, Capitol Building.

Day two of a two day conference hosted by the U.S. Department of Commerce (DOC), the European Commission (EC), and the Article 29 Working Party on Data Protection titled "Cross Border Data Flows, Data Protection, and Privacy". See, notice in the Federal Register: July 27, 2007, Vol. 72, No. 144, at Page 41290. Location?

9:00 AM. The National Parent Teacher Association (PTA), National Education Association (NEA) and National Council of Women's Organizations (NCWO) will hold a news conference to announce an initiative titled the "Smart Television Alliance". For more information, contact Christopher Turman at 202-256-8858 or cturman at natstrat dot com. Location: National Press Club, Lisagor Room, 529 14th St., NW.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Wireline Practice Committee will host a brown bag lunch titled "IP Enabled Services, Access for People with Disabilities, and § 255". The speakers will be Karen Strauss (Coalition of Organizations for Accessible Technology) and Jim Kohlenberger (VON Coalition). RSVP to Keisha Warner at kwarner at akingump dot com or 202-416-5082. Location: Akin Gump, 1333 New Hampshire Ave., NW.

2:30 PM. The House Rules Committee (HRC) will meet to adopt a rule for consideration of HR 3773 [LOC | WW], the "Responsible Electronic Surveillance That is Overseen, Reviewed, and Effective Act of 2007", the RESTORE Act, a FISA reform bill. Location: Room H-313, Capitol Building.

5:15 PM. Deadline to submit briefs for, and requests to to appear and testify at, the U.S. International Trade Commission's (USITC) October 30, 2007, public hearing to assist the USITC in preparing a report for the House Ways and Means Committee regarding government policies affecting trade with the People's Republic of China (PRC). The USITC is examining, among other sectors, semiconductors and telecommunications. See, notice in the Federal Register, July 31, 2007, Vol. 72, No. 146, at Pages 41773-41774, and USITC release. This proceeding is titled "China: Government Policies Affecting U.S. Trade in Selected Sectors" and numbered Inv. No. 332-491.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host a panel discussion titled "Manufacturing of Wireless Handsets -- A Tutorial and Discussion of Effects FCC Regulations Have on the Manufacturing Process". The speakers will be Todd Thayer (Nokia), Tom Dombrowsky (Wiley Rein), Ed Thomas (Harris Wiltshire & Grannis), and Peter Corea (ICO Global Communications). This event qualifies for CLE credits. Location: Wiley Rein, Main Conference Center, 1776 K St., NW.

EXTENDED TO NOVEMBER 1. Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding ten studies related to government regulation of media ownership. See, FCC Public Notice [4 pages in PDF], which is DA 07-3470 in MB Docket Nos. 06-121 and 02-277, and MM Docket Nos. 01-235, 01-317, and 00-244, and notice in the Federal Register, August 8, 2007, Vol. 72, No. 152, at Pages 44539-44540. See also, Public Notice [2 pages in PDF] (DA 07-4097) extending deadlines.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding various proposals to promote minority and female ownership in the media industry. See, notice in the Federal Register, August 8, 2007, Vol. 72, No. 152, at Pages 44457-44466.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Status of the DTV Transition -- Part 2". The witnesses will be Kevin Martin (FCC), John Kneuer (NTIA), Mark Goldstein (Government Accountability Office), Nancy Zirkin (Leadership Conference on Civil Rights), Amina Fazlullah (U.S. Public Interest Research Group), Claude Stout (Telecommunications for the Deaf and Hard of Hearing), and Tom Romeo (IBM). See, release. The hearing will be web cast by the HCC. Press contact: Jodi Seth or Carrie Annand at 202-225-5735. Location: Room 2123, Rayburn Building.

9:30 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Sex Crimes and the Internet". See, notice. The hearing will be webcast by the (HJC). Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Consumer Wireless Issues". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on the nomination of Michael Mukasey to be Attorney General. See, notice. Location: Room 216, Hart Building.

12:00 NOON - 1:00 PM. The National School Boards Association (NSBA) will host a webcast speech by Will Richardson (Connective Learning) titled "What are the Educational Benefits of Social Networking for Students and Teachers?". See, NSBA webcasts page.

12:00 NOON - 1:30 PM. The Alliance for Public Technology (APT) will host a brown bag lunch titled "Linking Rural Broadband Deployment and Economic and Community Development". RSVP to apt at apt dot org or 202-263-2970. Location: Hall of States Building, Room 383, 400 North Capitol St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Privacy and Data Security and Young Lawyers Committees will host a brown bag lunch titled "The FTC and the FCC: Do They See Eye-to-Eye?". The topics covered may include childhood obesity, telemarketing, net neutrality, and privacy. For more information, contact Chris Fedeli at chrisfedeli at dwt dot com or Tarah Grant at tsgrant at hhlaw dot com. Location: Hogan & Hartson, First Floor Litigation Center, 555 13th St., NW.

2:00 PM. The House Science Committee (HSC) will hold a hearing titled "Women in Academic Science and Engineering". See, notice. Location: Room 2318, Rayburn Building.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology will hold a hearing titled "The Cyber Threat to Control Systems: Stronger Regulations are Necessary to Secure the Electric Grid". For more information, contact Dena Graziano or Adam Comis at 202-225-9978. Location: Room 311, Cannon Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "The Digital Television Transition: Government and Industry Perspectives". See, notice. Location: Room 253, Russell Building.

The Information Technology Association of America (ITAA) will host a one day conference titled "IdentEvent 2007". The topics addressed will included "Identity Management and Border Security", "Health IT Consumer Authentication", "Employment Verification Authentication", "The Future of Verified Identity", and "Real ID". The speakers will include Rep. Michael McCaul (R-TX), Steward Baker (DHS Assistant Secretary for Policy), and Robert Mocny (Director of the DHS US VISIT program). For more information, contact Jennifer Kerber at jkerber at itaa dot org. See, notice. Location: Grand Hyatt.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rule Making (NPRM) regarding transmitters operating on an unlicensed basis in the 57-64 GHz frequency range. The FCC adopted this item on May 25, 2007, and released the text on June 1, 2007. This item is FCC 07-104 in ET Docket No. 07-113. See, notice in the Federal Register, July 19, 2007, Vol. 72, No. 138, at Pages 39588-39593.

9:30 AM. The House Judiciary Committee's (HJC) Antitrust Task Force will hold a hearing titled "Impact of our Antitrust Laws on Community Pharmacies and their Patients". See, notice. Location Room 2141, Rayburn Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property (SCIIP) will hold a hearing titled "International Piracy: The Challenges of Protecting Intellectual Property in the 21st Century". See, notice. Location: Room 2237, Rayburn Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "Growing Trade, Growing Vigilance:  Import Health and Safety Today and Tomorrow". See, notice. Location: Room 215, Dirksen Building.

12:00 NOON - 1:00 PM. The National School Boards Association (NSBA) will host a webcast speech by Tim Hutton (NSBA attorney) titled "Navigating the Legal Landmines Around New Technologies". See, NSBA webcasts page.

2:00 PM. The House Oversight and Government Reform Committee's (HOGRC) and Subcommittee on Government Management, Organization, and Procurement will hold a hearing titled "Technology for Secure Identity Documents". Location: Room 2247, Rayburn Building.

2:30 PM. The Senate Commerce Committee's Subcommittee on Science, Technology and Innovation will hold a hearing titled "Science Parks: Bolstering U.S. Competitiveness". See, notice. Location: Room 253, Russell Building.

Day one of a three day conference of the American Intellectual Property Law Association (AIPLA). At 9:00 AM - 12:00 NOON, there will be a series of presentations titled "Has the Supreme Court Signaled a Major Overhaul of the Subject Matter Eligibility Standard for Patent Protection?" The speakers will include Judge Paul Michel, representatives of the USPTO, and practicing attorneys. See, conference web site. Location: Marriott Wardman Park, 2660 Woodley Road, NW.

Deadline to submit applications to the Federal Communications Commission (FCC) to participate in its Attorney Honors Program for 2008. See, FCC notice [PDF].

Day two of a three day conference of the American Intellectual Property Law Association (AIPLA). At 8:45 - 11:45 AM, there will be a series of presentations titled "Fraud & Inequitable Conduct at the USPTO: Trademark & Patent Perspectives". The speakers will include Judge Paul Michel, representatives of the USPTO, and practicing attorneys. Also at 8:45 - 11:45 AM, there will be a series of presentations titled "Can You Do That? Fair v. Unfair Uses of IP". Also at 8:45 - 11:45 AM, there will be a series of presentations titled "Inherent Anticipation and Declaratory Judgment Actions". At 12:15 - 1:45 PM, Judge Randall Rader will give the luncheon address. See, conference web site. Location: Marriott Wardman Park, 2660 Woodley Road, NW.

9:00 AM - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a forum titled "Building the Broadband Economy and Society". The speakers will be Robert Atkinson (ITIF), Ev Ehrlich (a former Undersecretary of Commerce), John Mayo (McDonough School of Business, Georgetown University), Steve Weber (UC Berkeley), Mark Lloyd (Center for American Progress), William Lehr (MIT). See, agenda. Location: Thornton Room, 11th Floor, Hyatt Regency Washington, 400 New Jersey Ave., NW.

TIME? Linda Thomsen (Director of the Securities and Exchange Commission's Division of Enforcement) will give a speech titled "Sarbanes-Oxley Act of 2002, Five Years Later: Assessing Its Impact, Charting Its Future". For more information, contact Lisa Fairfax at 410-706-2724. Location: University of Maryland School of Law, Baltimore, MD.

Deadline to submit to the Office of the United States Trade Representative (OUSTR) post-hearing briefs for the GSP Subcommittee Public Hearing (on October 3-4, 2007) in connection with the 2007 Generalized System of Preferences (GSP) Annual Review. See, notice in the Federal Register, September 6, 2007, Vol. 72, No. 172, at Pages 51264-51266.

Deadline to submit to the Office of the United States Trade Representative (OUSTR) applications for nominations by the US to WTO dispute settlement panels. This is for nomination to the indicative list of non-governmental potential panelists provided for in Article 8.4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and in the Decision on Certain Dispute Settlement Procedures for the General Agreement on Trade in Services (GATS) of the World Trade Organization (WTO). See, notice in the Federal Register, September 17, 2007, Vol. 72, No. 179, at Pages 52942-52944.

Day three of a three day conference of the American Intellectual Property Law Association (AIPLA). See, conference web site. Location: Marriott Wardman Park, 2660 Woodley Road, NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "XM-SIRIUS: An Out of This World Monopolist or Just Another Down-to-Earth Competitor?". The speakers will be Lawrence Walke (National Association of Broadcasters), Andrew Schwartzman (Media Access Project), and Ryan Wallach (Willkie Farr & Gallagher). The price to attend ranges from $15 to $30. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) regarding ten studies related to government regulation of media ownership. See, FCC Public Notice [4 pages in PDF], which is DA 07-3470 in MB Docket Nos. 06-121 and 02-277, and MM Docket Nos. 01-235, 01-317, and 00-244, and notice in the Federal Register, August 8, 2007, Vol. 72, No. 152, at Pages 44539-44540. See also, Public Notice [2 pages in PDF] (DA 07-4097) extending deadlines.

9:00 AM - 2:30 PM. The American Enterprise Institute (AEI) will host an event titled "Asia 2012: Security Challenges and Opportunities for Development". The speakers at a 9:00 AM on security will include Brigadier Arun Sahgal (United Service Institution of India), Lanxin Xiang (Graduate Institute of International Studies), Masafumi Ishii (Embassy of Japan), and Michael Auslin (AEI). The speakers at a 10:30 AM panel titled "Is Growth Sustainable? Fault Lines in Asia’s Economic Future" will include Richard Katz (Oriental Economist), Philip Levy (AEI), BethAnne Wilson (Federal Reserve Board of Governors), and Kent Calder (Johns Hopkins University, School of Advanced International Studies). The 12:00 NOON lunch speaker will be John Negroponte (Department of State). The speakers at a 1:00 PM panel titled "Transnational Challenges and Regionalist Responses" will include Richard Cronin (Henry Stimson Center), Keiichi Hori (Asian Forum Japan), Da Wei (China Institutes of Contemporary International Relations), and Christopher Griffin (AEI).See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

9:30 AM. The U.S. Court of Appeals (DC) will hear oral argument in American Radio Relay League v. FCC, App. Ct. No. 06-1343. This is a petition for review of a final order of the FCC pertaining to broadband over power line (BPL). See also, FCC brief [79 pages in PDF] and story titled "FCC Files Brief in Amateur Radio Operators' Challenge to BPL Rules" in TLJ Daily E-Mail Alert No. 1,634, September 5, 2007. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

12:00 NOON - 2:00 PM. The Federal Communications Commission's (FCC) Enforcement Bureau (EB) will hold a closed meeting with regulated entities and others. The speakers will be FCC/EB front office managers and division chiefs. For more information, contact FCC/EB at 202-418-7450. The Federal Communications Bar Association (FCBA) asserts in its web site that this is an FCBA meeting. The FCBA also asserts unilaterally that this meeting is "off the record". Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "Beyond Borders: International Copyright Enforcement in the Digital Era". The speakers will be Stanford McCoy (Chief Negotiator for Intellectual Property Enforcement at the Office of the U.S. Trade Representative) and Eric Schwartz (Mitchell Silberberg & Knupp). The price to attend ranges from $10 to $20. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

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