10/17. The House began its consideration of HR 3773 [LOC | WW], the "Responsible Electronic Surveillance That is Overseen, Reviewed, and Effective Act of 2007", the "RESTORE Act", a bill to reform the Foreign Intelligence Surveillance Act (FISA).

On October 16, 2007, the House Rules Committee (HRC) adopted a rule for consideration of HR 3773. This rule, HRes 746, provides for consideration of the following language: Part A [35 pages in PDF] and Part B [8 pages in PDF], and does not allow any further amendments to be offered during consideration by the full House.

The House approved this resolution on October 17, 2007, by a vote of 223-196. See, Roll Call No. 975. It was a nearly straight party line vote, with Democrats voting yes, and Republicans voting no. However, the House Democratic leadership then removed the bill from further consideration.

The House Majority Leader, Rep. Steny Hoyer (D-MD), stated in a release that "We have every intention of completing consideration of this critical legislation ..."

10/17. The U.S. Court of Appeals (4thCir) issued its opinion [PDF] in Frederick Bouchat v. Bon-Ton Department Stores, a copyright infringement case. The Court of Appeals affirmed the judgment of the District Court, which held that the defendants infringed the plaintiff's copyright, but that he is entitled to no damages.

When the professional football team now know as the Baltimore Ravens moved from Cleveland, Ohio, to Baltimore, Maryland, and changed its public name from Browns to Ravens, the plaintiff, Frederick Bouchat, drew a logo for the Ravens. The team used his work. In previous litigation, he sued the Baltimore Ravens and National Football League Properties (NFLP) for copyright infringement. The District Court found that the defendants infringed his copyright, but held that he was not entitled to damages. The Court of Appeals affirmed. See, October 8, 2003, opinion [PDF] of the Court of Appeals. That case was Frederick Bouchat v. Baltimore Ravens Football Club, Inc., et al., No. 02-1999, an appeal from the U.S. District Court for the District of Maryland, at Baltimore, Judge Marvin Garbis presiding, D.C. No. CA-97-1470-MJG. That case is also known as Bouchat I.

Bouchat also filed separate complaints in the same District Court against numerous downstream infringers. These entities used the logo with the permission of the NFLP, but not Bouchat. The case caption takes up the first twenty pages of the just released opinion. These defendants include broadcast and media entities which licensed the use of the infringing logo, publishers of game day magazines, and makers of video games. These complaints are the subject of the present appeal. The District Court held that the defendants infringed Bouchat's copyright, but awarded no damages.

The Court of Appeals affirmed. It held that "the doctrine of claim preclusion prevents Bouchat from obtaining actual damages from the licensees and that his failure to register his copyright before infringement began renders him ineligible for statutory damages."

Judge Niemeyer wrote a concurring opinion regarding the use of multiple actions by one plaintiff for infringements of one work. He opined that while federal civil procedure encourages claim joinder and judiciary efficiency, the Copyright Act encourages the opposite. Niemeyer finds this to be a problem that will get worse with new technologies. He recommended that the Congress examine the issue.

Judge Niemeyer wrote that "The Copyright Act strives to be complete and comprehensive by creating causes of action at the subatomic level. Yet in doing so, the Act loses focus on the bigger picture. In granting an author a separate "exclusive right" in every reproduction, derivative preparation, distribution, performance, display, and digital audio transmission of his work, see 17 U.S.C. § 106, the Act gives the author a right to institute an action for each infringement of each exclusive right, see id. § 501. The enforcement rights are further sub-atomized by the Act’s definition of distribution as any sale or other transfer of ownership, rental, lease, or lending. See id. § 106(3). And with respect to each infringement, the owner may receive actual damages or disgorgement of profits or, by election made "any time before judgment, statutory damages of not less than $750 or more than $30,000 as the court considers just." Id. § 504. The Act provides for a separate statutory damage award "for all infringements involved in the action, with respect to any one work." Id. § 504(c)."

The Copyright Act "undoubtedly encourages multiple, separate infringement actions because a statutory damage award is available in each action for ``all infringements involved in the action´´ with respect to any one work." (Emphasis in original.) He added that "Even as the Copyright Act seems to encourage claim splitting and manipulation of the litigation process, federal judicial policy encourages resolving in one action all claims arising out of a transaction or occurrence."

He argued that this demonstrates that "the Copyright Act pulls in tension from traditional joinder and claim preclusion policies and tends to undermine good judicial administration aimed at efficiency and justice. As a consequence, this case easily could have presented the fundamental but difficult issue whether a copyright owner must join all related infringers -- from the original copier to the downstream licensees -- in a single infringement action, or whether he has the prerogative to proceed piecemeal against the gamut of infringers. Today, however, we do not resolve these nettlesome issues because of the peculiar circumstances created by Bouchat’s desire to leverage his win in Bouchat I into a claim for statutory damages in the cases before us now."

He concluded that "these issues will arise with increasing frequency -- especially in view of advanced technology for copying and transmitting data, which facilitates massive infringements -- and therefore Congress should reconsider them soon to define a more workable balance."

This case is Frederick Bouchat v. Bon-Ton Department Stores, et al., U.S. Court of Appeals for the 4th Circuit, App. Ct. Nos. 03-2173, 03-2174, 03-2389 and 04-1008, appeals from the U.S. District Court for the District of Maryland, at Baltimore, D.C. Nos. CA-01-1996-1-MJG, CA-99-1576-1-MJG, CA-01-647-MJG, and CA-03-2229-MJG), Judge Marvin Garbis presiding. Judge Michael wrote the opinion of the Court of Appeals, in which Judge Niemeyer joined. The third Judge on the panel, Widener, died after oral argument.

The defendants include Sony Corporation, Sony Interactive, Warner Brothers, Warner Brothers and Time Warner, Inc., Walt Disney Company, Inc., Infinity Broadcasting Corp., Fox Entertainment Group, National Broadcasting Company, Inc., ABC, Inc., ABC Sport, Inc., Turner National Television, Turner Network Television, Inc.,  Thomson Consumer Electronics, Inc., Vivendi Universal Games, Inc., Sierra Entertainment, Inc.. Cendent Software, PSINet, Sprint Communications Company, LP, and many other entities.

10/17. The U.S. Court of Appeals (1stCir) issued its opinion in Global Naps v. Verizon New England and Massachusetts Department of Telecommunications and Energy, a case regarding the interpretation of an interconnection agreement between Verizon New England and Global NAPs 47 U.S.C. § 251, and reciprocal compensation.

The issue is whether Verizon owed reciprocal compensation to Global NAPs for ISP calls delivered in Massachusetts during the relevant time period. The Massachusetts DTE, following a ruling of the FCC, held that these are not local calls that trigger a reciprocal compensation obligation.

Global Naps sought judicial review, but the U.S. District Court (DMass) upheld the MDTE's interpretation in an opinion reported at 447 F. Supp. 2d 39.

Global Naps brought the present appeal. The Court of Appeals affirmed.

This case is Global Naps, Inc. v. Verizon New England, Inc., et al., U.S. Court of Appeals for the 1st Circuit, App. Ct. No. 06-2701, an appeal from the U.S. District Court for the District of Massachusetts.

10/12. The U.S. Court of Appeals (9thCir) issued an order [2 pages in PDF] that states that the Court of Appeals will rehear en banc FHCSFV v. Roommates.com., a Section 230 immunity case.

The Court wrote that "Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court." (Footnote omitted.)

On May 15, 2007, a three judge panel of the Court of Appeals issued its opinion [23 pages in PDF] eroding Section 230 immunity by creating an exception for user content that the online service helps to develop.

See, story titled "9th Circuit Holds Roommates.com May be Liable for Speech of Users" in TLJ Daily E-Mail Alert No. 1,581, May 15, 2007.

47 U.S.C. § 230 provides that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

It defines "interactive computer service" as "any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions".

The opinion of the three judge panel invites government regulation of internet speech, and private litigation to suppress internet expression. Section 230 immunizes interactive computer services from liability for the speech of those who use their services, just as phone companies and package carriers are not liable for what people say over the phone, or in letters. Until the three judge panel issued its opinion the federal and state courts had been consistent in their rejection of efforts by plaintiffs' bar to obtain money judgments from companies like AOL, and would be censors of internet based speech.

Section 230 is based in part on the premise that without this immunity companies will be less likely to provide internet based services that promote expression and exchanges. The three judge panel's opinion threatens both this industry sector, and internet based speech.

The facts underlying this case involve individuals searching for roommates. People select dates, spouses, roommates, and other persons with whom to socialize or interact on the basis of many criteria, including age, sex, appearance, religious faith, whether or not they have children, and whether or not they are gay. Neither state nor federal laws reach this conduct. On the other hand, various state and federal statutes prohibit housing discrimination. But, this case does not involve property owners who discriminate in selling or leasing property.

Rather, the FHCSFV and another local government agency in California, sued the service provider, Roommates.com, to prevent individuals from applying these criteria in seeking roommates. However, rather than suing the individuals who discriminate, they sued the interactive computer service. The individuals supply information about themselves to the service provider, which then assists in matching prospective roommates.

The opinion of the three judge panel only addresses Section 230 immunity. It does not concern whether any any federal or state statute was violated, or whether the statutes as applied are Constitutional.

Roommates.com wrote in its petition [52 pages in PDF] for en banc rehearing that "The republication immunity created by ... § 230 ... has made possible a true ``mass media´´ where anyone can share with countless other people his or her views, creations, and knowledge. The panel decision dramatically curtails the CDA's protection of Internet services that collect and publish information originating with third parties, in conflict with" other opinions of the 9th Circuit."

The Electronic Frontier Foundation (EFF) wrote in its amicus brief [PDF] in support of en banc rehearing that "laws and regulations should avoid stifling free expression on the Internet". It continued that "the panel's decision contravenes this objective. Whatever the underlying merits of the Fair Housing Act, opening the door to liability for information intermediaries is not the solution" to any problem before the court.

It concluded that affirming the three judge panel "would return online innovators to that environment of unnecessary risk and liability that was banished with the passage" of Section 230.

The three judge panel was comprised of Alex Kozinski, Stephen Reinhardt, and Sandra Ikura. Reinhardt's opinions are frequently overturned by the Supreme Court for his disregard for precedent, and the plain language of statutes. However, neither Kozinski, who wrote the opinion, nor Ikura, have such a record.

This case is Fair Housing Council of San Fernando Valley and Fair Housing Council of San Diego v. Roommates.com, LLC, U.S. Court of Appeals for the 9th Circuit, App Ct. Nos. 04-56916 and 04-57173, appeals from the U.S. District Court of the Central District of California.

10/2. The U.S. District Court (NDCal) issued a Memorandum and Order [33 pages in PDF] in National Federation of the Blind v. Target, a class action alleging that Target's web site violates federal and state laws banning discrimination against disabled people.

The District Court certified the plaintiff class, and made other determinations regarding class composition and representation.

The District Court also denied Target's motion for summary judgment. Target argued in this motion that the class plaintiff suffered no legally cognizable injury, that he failed to meet the nexus requirement for the purposes of his ADA claim. The District Court ruled that the class plaintiff had not suffered a legally cognizable injury, but allowed the substitution of another class plaintiff who did.

See also, the District Court's September 5, 2006, Memorandum and Order [26 pages in PDF] denying Target's motion to dismiss.

And see, story titled "Commentary: Extending ADA Public Accommodations Treatment to Online Activities" and story titled "DOJ Applies ADA Public Accommodations Status to Online Educational Service" in TLJ Daily E-Mail Alert No. 1,649, October 2, 2007.

This case is National Federation of the Blind, et al. v. Target Corporation, U.S. District Court for the Northern District of California, D.C. No. C 06-1802 MHP, Judge Marilyn Patel presiding.

10/16. President Bush nominated Brian Miller to be a Judge of the U.S. District Court for the Eastern District of Arkansas. See, White House release.

10/16. President Bush nominated Gus Coldebella to be General Counsel of the Department of Homeland Security (DHS). See, White House release.

10/17. The U.S. Court of Appeals (6thCir) issued its opinion [PDF] in Bridgeport Music v. Justin Combs Publishing, a copyright case involving song sampling. The plaintiff copyright owners prevailed in the District Court, and were awarded compensatory and punitive damages. The Court of Appeals affirmed in part and reversed in part. It reversed on several issues pertaining to damages. This case is Bridgeport Music, Inc, et al. v. Justin Combs Publishing, et al., U.S. Court of Appeals for the 6th Circuit, App. Ct. No. 06-6294, an appeal from the U.S. District Court for the Middle District of Tennesse, at Nashville, D.C. No.05-00155, Judge Todd Campbell presiding. Judge Rogers wrote the opinion of the Court of Appeals, in which Judges Martin and Hood joined.

10/15. Pfizer, a pharmaceutical company, and Sermo, a networking web site for doctors, issued a release that announces "a strategic collaboration designed to redefine the way physicians in the U.S. and the healthcare industry work together to improve patient care". The release adds "Sermo's community of physicians will have access to Pfizer's clinical content in tangible ways that allow for the transparent and efficient exchange of knowledge". It also states that the two will "Engage with the FDA to define guidelines for the use of social media in communications with healthcare professionals".

10/12. The Federal Communications Commission (FCC) published a notice in the Federal Register that announces, describes, and sets the effective date (November 13, 2007), of the FCC's Report and Order and Memorandum Opinion and Order regarding the provision of in-region, long distance services by the Bell Operating Companies (BOCs) and their independent incumbent local exchange carrier (ILEC) affiliates. This item is FCC 07-159 in WC Docket Nos. 02-112 and 06-120, and CC Docket No. 00-175. The FCC adopted this item on August 30, 2007, and released it on August 31, 2007. See, Federal Register, October 12, 2007, Vol. 72, No. 197, at Pages 58021-58027. See also, story titled "FCC Relaxes Regulation of BOCs' Provision of Long Distance Service" in TLJ Daily E-Mail Alert No. 1,633, September 4, 2007.

10/10. The Federal Communications Commission (FCC) published a notice announcing the renewal of the North American Numbering Council's (NANC) charter through September 27, 2009. See, notice in the Federal Register, October 10, 2007, Vol. 72, No. 195, at Pages 57573-57574.

10/10. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register that announces, describes, sets the effective date (October 10, 2007) and recites its "Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103 in View of the Supreme Court Decision in KSR International Co. v. Teleflex Inc." The USPTO also wrote that "These guidelines do not constitute substantive rule making", "do not have the force and effect of law" and are "neither appealable nor petitionable." See, Federal Register, October 10, 2007, Vol. 72, No. 195, at Pages 57526-57535. See also, April 30, 2007, opinion [31 pages in PDF] of the Supreme Court, and story titled "Supreme Court Rules on Patent Obviousness in KSR v. Teleflex" in TLJ Daily E-Mail Alert No. 1,576, May 7, 2007.

The House will meet at 10:00 AM for legislative business. It will vote on overriding President Bush's veto of HR 976 [LOC | WW], the "Children's Health Insurance Program Reauthorization Act of 2007". Majority Leader Hoyer's schedule for Thursday predicts that the last vote will be at 12:30 PM.

The Senate will meet at 9:30 AM. It will resume consideration of HR 3043 [LOC | WW], the Labor, Health and Human Services, and Education appropriations bill.

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.

8:00 AM - 4:30 PM. Day two of a three day conference of the International AntiCounterfeiting Coalition. At 8:45 AM, Sen. George Voinovich (R-OH) will give the keynote address. At 9:45 - 11:00 AM, Pat Ross (Copyright Alliance) and Michelle Moore (Paul Werth and Associates) will give a presentation titled "Use Public Relations and Education Campaigns Effectively to Build Allies in Combating Counterfeiting and Piracy". At 11:15 AM - 12:30 PM, Luann Ensminger, Chief of the DHS's Commercial Fraud and IPR Investigations Unit, will give a presentation titled "Right Through the Front Door! How Counterfeiters Exploit and Abuse Importation Rules and Strategies for Slamming the Door Shut". At 2:00 - 3:15 PM, there will be a presentation titled "Guarding the Henhouse -- Best Practices for Aggressively Protecting and Securing Your Internal Supply Chain". At 3:15 - 4:30 PM, there will be two presentations, one titled "State of the Net -- A Cyberview of Internet Enforcement", and the other titled "Challenges of International Criminal Law Enforcement". See, agenda [6 pages in PDF]. Location: Mayflower Renaissance Hotel, 1127 Connecticut Ave., NW.

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". The witnesses will include David Wales (Deputy Director of the FTC's Bureau of Competition). 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". The witnesses will be Victoria Espinel (Office of the U.S. Trade Representative), Eric Smith (International Intellectual Property Alliance), Loren Yager (Government Accountability Office), and Mark MacCarthy (Visa). 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 two day conference hosted by the University of Maryland School of Law (UMSL) titled "The 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: UMSL, Baltimore, MD.

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.

8:45 AM - 2:45 PM. Day three of a three day conference of the International AntiCounterfeiting Coalition (IACC). At 9:30 - 10:45 AM, there will be a panel presentation titled "Navigating the Sea of Foreign Privacy Laws to Successfully Steer Counterfeiting Case". The speakers will be Mark Bohannon (SIIA), Kristina Rosette (Covington & Burling), and Steve Metalitz (Mitchell Silberberg & Knupp). At 11:00 AM - 12:15 PM, there will be a panel presentation titled "Demystifying the 301 Process -- From The Collection to Presentation The Steps We Take to Prepare a Meaningful Report." The speakers will be Nils Montan (IACC), Jennifer Groves (OUSTR), and Michael Schlesinger (IIPA). See, agenda [6 pages in PDF]. Location: Mayflower Renaissance Hotel, 1127 Connecticut Ave., 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.

Day two of a two day conference hosted by the University of Maryland School of Law (UMSL) titled "The Sarbanes-Oxley Act of 2002, Five Years Later: Assessing Its Impact, Charting Its Future". Linda Thomsen (Director of the Securities and Exchange Commission's Division of Enforcement) will speak. For more information, contact Lisa Fairfax at 410-706-2724. Location: UMSL, 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.

Close of the Federal Communications Commission's (FCC) filing window Noncommercial Educational (NCE) New FM Station Applications. See, notice in the Federal Register, October 15, 2007, Vol. 72, No. 198, at Pages 58299-58300

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.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Enhancing FTC Consumer Protection in Financial Dealings, with Telemarketers, and on the Internet". This hearing will address HR 3526 [LOC | WW], a bill to place all banking agencies within the existing regulatory authority under the Federal Trade Commission Act with respect to depository institutions, HR 2601 [LOC | WW], a bill to extend until 2012 the authority of the Federal Trade Commission (FTC) to collect fees to administer and enforce Do Not Call Registry, and HR 3461 [LOC | WW], the "Safeguarding America's Families by Enhancing and Reorganizing New and Efficient Technologies Act of 2007" or "SAFER NET Act", a bill to create an internet safety public education campaign at the FTC. Location: Room 2123, Rayburn Building.

12:00 NOON - 1:00 PM. The Association for Competitive Technology (ACT) will host a panel discussion titled "__". For more information, contact the ACT at 202-331-2130. Location: Room B-340, Rayburn Building.

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.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "NASPER: Why Has the National All Schedules Prescription Electronic Reporting Act Not Been Implemented? ". The hearing will be web cast by the HCC. Location: Room 2322, Rayburn Building.

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

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Overview of Copyright Law and Litigation". The speaker will be Kenneth Kaufman (Skadden Arps). The price to attend ranges from $80 to $115. For more information, call 202-626-3488. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

6:30 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers' Committee will host an event titled "YLC Pre-Charity Auction Happy Hour". For more information, contact Chris Fedeli at chrisfedeli at dwt dot com or Tarah Grant at tsgrant at hhlaw dot com. Location: Regatta Raw Bar, Marriott at Metro Center, 775 12th St., NW.

12:00 PM. The Cato Institute will host a panel discussion titled "Should American Workers Fear or Embrace Globalization?" The speakers will be Jagdish Bhagwati, author of the 2004 book [Amazon] tilted "In Defense of Globalization", and Matthew Slaughter (Tuck School of Business). See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Reception for FCC and NTIA Bureau and Office Chiefs". Prices vary. See, registration form [PDF]. Registrations are due by October 19. The FCBA will give no refunds for cancellations. Location: Capital Hilton, 1001 16th St., NW.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "How to Conduct Business in the Current Chinese Legal Environment: Myths and Facts". The speakers will be Paul Manca (Hogan & Hartson), Grace Fremlin (Foley & Lardner), and Steven Robinson (Hogan & Hartson). The price to attend ranges from $80 to $115. For more information, call 202-626-3488. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Eighth Further Notice of Proposed Rule Making announcing tentative channel designations. This item is FCC 07-138 in MB Docket No. 87-268. See, FCC Public Notice (DA 07-3914) [PDF] and notice in the Federal Register, September 10, 2007, Vol. 72, No. 174, at Pages 51575-51581.

Deadline to submit comments or objections to the Copyright Royalty Judges (CRJ) their royalty rates for use of a musical work in a Public Broadcasting Service distributed program pursuant to the noncommercial educational broadcasting statutory license contained in the Copyright Act. The CRJ announced in a notice in the Federal Register on September 26, 2007, that they are correcting the rates published in the Federal Register on April 17, 2007. See, Federal Register, September 26, 2007, Vol. 72, No. 186, at Pages 54622-54623.

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