2/11. Yahoo stated in a release that its "Board of Directors has carefully reviewed Microsoft's unsolicited proposal with Yahoo!'s management team and financial and legal advisors and has unanimously concluded that the proposal is not in the best interests of Yahoo! and our stockholders."

Yahoo asserted that "Microsoft's proposal substantially undervalues Yahoo! including our global brand, large worldwide audience, significant recent investments in advertising platforms and future growth prospects, free cash flow and earnings potential, as well as our substantial unconsolidated investments."

Finally, Yahoo stated that the board "is continually evaluating all of its strategic options in the context of the rapidly evolving industry environment and we remain committed to pursuing initiatives that maximize value for all stockholders."

On February 1, 2008, Microsoft announced its offer of $31 per share. Prior to announcement of the offer, Yahoo stock traded at $19. See, story titled "Microsoft Makes Offer to Acquire Yahoo" in TLJ Daily E-Mail Alert No. 1,710, February 4, 2008.

2/8. President Bush gave a speech in Washington DC in which he discussed legislation to reform the Foreign Intelligence Surveillance Act (FISA).

He said that "we must take measures to protect America, the homeland. We must give our intelligence officials the tools they need to uncover terrorist plots and prevent new attacks. And one of the most important tools is the ability to monitor terrorist communications. My most important job is to protect the American people. In order to do that job, we need to know who the terrorists are talking to; we need to know what they're saying; we need to know what they're planning. So Congress passed the Protect America Act. This law modernized an outdated surveillance law and closed dangerous gaps in our intelligence."

He continued that "Our ability to monitor the communications of terrorists overseas has helped us gain crucial elements on terrorist cells, and helped keep our country safe. The Protect America Act is working. The problem is that Congress set the law to expire one week from tomorrow. I don't think the al Qaeda threat is going to expire one week from tomorrow. Congress must ensure the flow of vital intelligence is not disrupted. Congress must pass liability protection for companies believed to have assisted in the efforts to defend America. The time -- the time for temporary fixes has ended. Congress must pass this law -- and they must pass it now."

S 1927 [LOC | WW] is the "Protect America Act". The bill currently being considered by the Senate is S 2248 [LOC | WW], the "Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007". The bill passed by the House, and opposed by President Bush, is and HR 3773 [LOC | WW], the "Responsible Electronic Surveillance That is Overseen, Reviewed, and Effective Act of 2007" or "RESTORE Act".

2/7. Rep. Rick Boucher (D-VA), Rep. Bob Goodlatte (R-VA) and others introduced HR 5267 [LOC | WW], the "Business Activity Tax Simplification Act of 2008".

Rep. Boucher and Rep. Goodlatte wrote in a release that some "states assert that having a website on a server in the state creates a sufficient connection to justify imposing these taxes".

Rep. Boucher (at right) stated in this release that “Currently, no clear national standard exists to define a substantial nexus for the taxation of business activity by the states. This uncertainty has allowed some states to impose unfair taxes on businesses which have no physical presence in those states and do not benefit from the services provided by the tax revenue."

He said that this bill "will rectify the unfairness which currently exists by setting a physical presence nexus standard. This standard would ensure that states have the ability to tax businesses that benefit from services provided by the state, while businesses that have no physical presence in a state would be exempt from taxation on business activity in that state".

The other original cosponsors of the bill are Rep. Artur Davis (D-AL), Rep. Steve Chabot (R-OH), Rep. Stephanie Sandlin (D-SD), Rep. Tom Feeney (R-FL), Rep. Sheila Lee (D-TX), Rep. Elton Gallegly (R-CA), Rep. Hank Johnson (D-GA), Rep. Mike Pence (R-IN), Rep. Zoe Lofgren (D-CA), Rep. Bobby Scott (D-VA) and Rep. Robert Wexler (D-FL). Most, but not all, are members of the House Judiciary Committee (HJC), which has jurisdiction over the bill.

This bill is a revised version of HR 1956 (109th Congress), which was approved by the HJC in 2006, but went no further.

State tax collectors have incentives to maximize tax collections. Moreover, since out of state businesses, and their employees, cannot vote in state, they are sometimes particularly attractive targets for state tax collectors. To the extent that states sometimes seize upon the internet based activities of out of state companies to impose business activity taxes upon them, this is a technology related bill.

This bill is the product of many debates and compromises over several Congresses. It is also a tax bill that would govern both state tax collectors and interstate businesses, many of which have considerable experience and expertise in contorting the language of statutes and cases to maximize and minimize tax collections, respectively. Hence, this bill is now long, complex, and awkwardly worded attempt to address a simple problem.

Bill Summary. The bill has three sections. Section 1 of the bill only provides its title.

Section 2 of HR 5267 amends 15 U.S.C. § 381, regarding "Imposition of net income tax" by states.

Section 381(a) currently provides, in part, that "No State, or political subdivision thereof, shall have power to impose ... a net income tax on the income derived within such State by any person from interstate commerce if the only business activities within such State by or on behalf of such person during such taxable year are" certain solicitations of orders, as set forth in Sections 381(a)(1) and (2).

Currently, Section 381(a)(1) provides that states cannot impose an income or business activity tax on "the solicitation of orders by such person, or his representative, in such State for sales of tangible personal property, which orders are sent outside the State for approval or rejection, and, if approved, are filled by shipment or delivery from a point outside the State".

HR 5267 would rewrite this. It would provides that states cannot impose an income or business activity tax on "the solicitation of orders (which are sent outside the State for approval or rejection) or customers by such person, or his representative, in such State for sales or transactions, which are--(A) in the case of tangible personal property, filled by shipment or delivery from a point outside the State; and (B) in the case of all other forms of property, services, and other transactions, fulfilled or distributed from a point outside the State". (Parentheses in original.)

HR 5267 would also add a new Section 381(a)(3) that covers "the furnishing of information to customers or affiliates in such State" and certain news gathering activities. See, further discussion below.

HR 5267 would also add a new subsection (c) to Section 381 that provides that "a person shall not be considered to have engaged in business activities within a State merely ... by reason of sales or transactions in such State, the solicitation of orders for sales or transactions in such State, the furnishing of information to customers or affiliates in such State, or the coverage of events or other gathering of information in such State, on behalf of such person by one or more independent contractors ... by reason of the maintenance of an office in such State by one or more independent contractors whose activities on behalf of such person in such State consist solely of making sales or fulfilling transactions, soliciting order for sales or transactions, the furnishing of information to customers or affiliates, or the coverage of events or other gathering of information; or ... by reason of the furnishing of information to an independent contractor by such person ancillary to the solicitation of orders or transactions by the independent contractor on behalf of such person".

Section 3 of HR 5267 is titled "Minimum jurisdictional Standard for State and Local Net Income Taxes and other Business Activity Taxes".

It provides that "No taxing authority of a State shall have power to impose, assess, or collect a net income tax or other business activity tax on any person relating to such person's activities in interstate commerce unless such person has a physical presence in the State during the taxable period with respect to which the tax is imposed."

The bill defines "other business activity tax" as "any tax in the nature of a net income tax or tax measured by the amount of, or economic results of, business or related activity conducted in the State".

However, the key term is "physical presence". The bill provides that "a person has a physical presence in a State only if such person's business activities in the State include any of the following during such person's taxable year: (A) Being an individual physically in the State, or assigning one or more employees to be in the State. (B) Using the services of an agent (excluding an employee) to establish or maintain the market in the State, if such agent does not perform business services in the State for any other person during such taxable year. (C) The leasing or owning of tangible personal property or of real property in the State." (Parentheses in original.)

However, the bill provides two exemptions. It provides that "physical presence" does not include either "presence in a State for less than 15 days in a taxable year (or a greater number of days if provided by State law)" or "presence in a State to conduct limited or transient business activity". (Parentheses in original.)

Section 3 of the previous version of the bill also included exemptions, that are not in the just introduced bill, for lobbying, "attending educational or training conferences", and "Nonprofit participation in charitable activities".

State Taxation of News Gathering. Section 3 of the previous version of the bill, HR 1956 (109th), also included an exemption for "Gathering news for print, broadcast, or other distribution through the news media". This exemption is not in Section 3 of the present bill.

However, the just introduced bill adds new language to Section 2 of the bill. Section 381(a)'s limitation would also extend to "the coverage of events or other gathering of information in such State by such person, or his representative, which information is used or disseminated from a point outside the State".

Section 2 of the bill also provides that "a person shall not be considered to have engaged in business activities within a State merely ... by reason of ... the coverage of events or other gathering of information in such State ..." or "maintenance of an office in such State by one or more independent contractors whose activities on behalf of such person in such State consist solely of ... the coverage of events or other gathering of information".

Legislative History. Rep. Boucher and Rep. Goodlatte have been trying for years to enact legislative to limit states' ability to tax distant businesses with minimal connection to the taxing state.

The two sponsored HR 1956 (109th Congress), the "Business Activity Tax Simplification Act of 2005", in the last Congress. See also, story titled "House Subcommittee to Hold Hearing on Goodlatte Boucher BAT Bill" in TLJ Daily E-Mail Alert No. 1,219, September 22, 2005. That bill was approved by the HJC, but not by the full House, or the Senate. It was briefly placed on the House floor calendar, but then withdrawn. See, "More News" in TLJ Daily E-Mail Alert No. 1,420, July 28, 2006.

In the 108th Congress, the two sponsored HR 3220 (108th), the "Business Activity Tax Simplification Act of 2003". See also, stories titled "Reps. Goodlatte and Boucher Introduce Bill to Limit Business Activity Taxes" in TLJ Daily E-Mail Alert No. 753, October 6, 2003, and "House Subcommittee Holds Hearing on Business Activity Taxes" in TLJ Daily E-Mail Alert No. 899, May 17, 2004.

The two sponsored a related bill in the 107th Congress, HR 2526 (107th), titled the "Internet Tax Fairness Act of 2001". That bill addressed both internet taxes and business activity taxes. See also, stories titled "Goodlatte and Boucher Introduce Net Tax Moratorium Bill" in TLJ Daily E-Mail Alert No. 229, July 18, 2001, and "House Subcommittee Approves Bill to Limit Business Activity Taxes" in TLJ Daily E-Mail Alert No. 471, July 17, 2002.

2/8. Chris Cox, Chairman of the Securities and Exchange Commission (SEC), gave a speech in which he outlined the agenda for the SEC for 2008. Much of his speech focused on technology related matters, including internet fraud, pricing of market data, mutual funds and the internet, and mutual recognition, international accounting standards and XBRL.

He said, among other things, that this year the SEC will consider a "rule for the use of interactive data by U.S. reporting companies". The SEC XBRL program is currently voluntary.

Internet Fraud. Cox said that "To deal with the global threat of Internet fraud and the special enforcement challenges it presents", the SEC's Division of Enforcement's (DOE) Office of Internet Enforcement (OIE), "under the leadership of John Stark, will continue to focus a spotlight on this shadowy technological underworld. This group's message to cybercriminals is clear: we'll find you, wherever in the world you are, and make you pay for what you're doing to innocent and unsuspecting investors."

He also said that "Each year, hundreds of thousands of ordinary investors are victimized by unscrupulous manipulators who prey upon the OTC markets in what we call microcap fraud. These financial sharks are betting that because of such mammoth responsibilities as the subprime mess, the federal government won't have the resources or the inclination to go after them."

Cox (at left) said that "They've bet wrong. In 2008, our microcap fraud group in the Enforcement Division will set new standards for the efficient use of resources in tracking down shell company manipulators, pump-and-dump artists, and Internet spam fraudsters. John Polise, who leads this group, has an exceptionally able team who will be developing innovative ways to cover the very broad waterfront in this area."

Pricing of Market Data. Cox also addressed the pricing of market data, an issue of interest to internet and media companies. He said that "During the last year, the Division of Trading and Markets and each of the Commissioners have been intently focused on the novel and important questions of the pricing of market data."

He said that the SEC has "carefully weighed the available evidence. The result of that analysis, which was deliberately thorough because the Commission's first decisions in this area will be precedent setting, will be reflected in an upcoming vote by the Commission."

Mutual Funds and the Internet. First, Cox said that in 2008 the SEC will address by rulemaking "the kind of disclosure that investors are entitled to at the time of sale when they buy mutual funds. For several years now, the SEC has been studying how to improve the information that customers get at the point of sale about fees, expenses, and conflicts of interest. I have asked the Division of Trading and Markets, under Erik Sirri's leadership, to prepare a rule for Commission consideration that takes full advantage of the latest Internet technology to get investors the very best information on these subjects in a form they can readily understand. You should expect the Commission to consider this rule proposal by summer."

Second, Cox said that the SEC's Division of Investment Management (DIM) "is taking the lead on another 2008 rulemaking designed to improve disclosure for mutual fund investors. Last fall, thanks to the leadership of Susan Nash, the Commission proposed rules to authorize a ``summary prospectus´´ for mutual funds -- a short, investor-friendly document that discloses a mutual fund's investment objectives, as well as all of the information about fees, risks, performance, and other vital subjects that customers need to understand to make a sound investment decision."

He said that "Using the Internet, investors could drill down from the summary prospectus to more detailed information, depending on their interests and needs. This month marks the end of the comment period on this proposal, and I anticipate that the Division of Investment Management will present a final rule to the Commission by the summer that responds to the public's comments and suggestions -- and makes Internet delivery of the mutual fund summary prospectus a reality."

Muni-EDGAR for Municipal Markets. Cox said that "next month the Commission will consider amendments to Rule 15c2-12 that will authorize the Municipal Securities Rulemaking Board to create a ``muni-EDGAR,´´ modeled on the SEC's own EDGAR system that gives investors access to all filings by public companies."

He added that "This would be a free, one-stop electronic database, accessible to all investors via the Internet, that would contain official statements, annual financials, and material event notices filed in connection with a municipal security."

E-Proxy Rules. Cox said that the SEC's Division of Corporation Finance (DFC) has on its agenda for 2008 another rulemaking regarding the proxy process.

Cox said that the SEC has recently held three roundtables focused on "the relationship between the federal proxy rules and state corporation law, as well as new developments in technology that have led to the Commission's adoption of our e-proxy rules and the creation of new opportunities for electronic shareholder forums."

Mutual Recognition, International Accounting Standards and XBRL. Cox also said that the SEC needs a "a truly global strategy" because of recent developments in "instant communications and technology".

Consequently, he said, "the most significant initiatives we expect to complete in 2008 are in the international and technology arena. Mutual recognition, international accounting standards, and interactive disclosure will all be the subjects of important rule proposals that will be presented to the Commission in late spring. And they are all closely interrelated."

He said that mutual recognition "describes the concept of allowing U.S. investors to have the benefit of direct access to foreign markets and foreign broker-dealers, provided those entities are supervised in a foreign jurisdiction with high standards under a securities regulatory regime that will provide investors with a high level of protection similar to what they enjoy in the United States."

He continued that the SEC's Office of International Affairs (OIA), Division of Trading and Markets (DTM), and DCF have been working on a proposal "that will establish an overall framework for mutual recognition. At the same time, the Division of Trading and Markets has been preparing amendments to our Rule 15a-6 governing U.S. investor contacts with foreign broker-dealers to ease some of the anti-investor restrictions that hinder international commerce in financial services. I expect that the Commission will consider both sets of proposals in early 2008."

With respect to accounting standards, he said that "The same imperatives of ever-faster communications, ever-more-closely linked markets, and truly global competition for capital that underlie our conceptualization of mutual recognition have for several years been driving the project to converge the world's two great accounting systems", Generally Accepted Accounting Principles (GAAP) and International Financial Reporting Standards (IFRS).

He noted that "foreign issuers can now file their financial statements with the SEC using IFRS, without need of keeping a second set of books under U.S. GAAP."

In addition, he said, in August of 2007, the SEC "issued a Concept Release seeking advice on whether U.S. issuers should be allowed to choose to prepare financial statements using IFRS. And in December 2007 we held roundtables on this subject and heard from more than two dozen experts.

He announced that in 2008 the DCF and the Office of the Chief Accountant, led by Wayne Carnall and Julie Erhardt, "will formally propose to the Commission an updated ``roadmap´´ that lays out a schedule, and appropriate milestones on which the schedule will be conditioned, for continuing the progress that the United States is making in moving to accept IFRS in this country."

Finally, he addressed eXtensible Business Reporting Language (XBRL) and interactive data. He said that the "third pillar of this international strategy" is "the adoption of a global computer language for the exchange of financial information".

"A standard data format for sharing financial statements and other information that is important to investors will facilitate the kind of comparisons among global investment options that investors need." He continued that XBRL "will let investors easily find and compare business and financial data with the same ease of doing a Google or Yahoo! search today. And it promises to let companies prepare their financial information more quickly, more accurately, and for less cost."

Currently, companies can file with XBRL formatted data. However, it is a voluntary program. Most public companies do not participate.

Cox announced that in 2008, "the Commission will consider a rule for the use of interactive data by U.S. reporting companies that will parallel efforts already underway in other countries. David Blaszkowsky, who heads the SEC's Office of Interactive Disclosure, has been an important leader in this initiative."

The House will not meet. See, Rep. Hoyer's schedule for week of February 11.

The Senate will meet at 2:00 PM. It will resume consideration of S 2248 [LOC | WW], the "Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007".

10:00 AM. Deadline for all parties except foreign governments to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in making Special 301 identifications of countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. See, story titled "OUSTR Seeks Special 301 Comments on Countries that Deny Adequate IPR Protection" in TLJ Daily E-Mail Alert No. 1,703, January 22, 2008, and notice in the Federal Register, January 16, 2008, Vol. 73, No. 11, at Pages 2958-2959.

12:00 NOON. Tom Tauke (Verizon) will host a news briefing. For more information, contact David Fish (Verizon).

1:00 PM. The National Intellectual Property Law Enforcement Coordination Council (NIPLECC) will release, and hold a briefing on, a report titled "Annual Report to the President and Congress on Coordination of Intellectual Property Enforcement and Protection". The speakers will be Chris Israel (U.S. Coordinator for International IP Enforcement), Margaret Peterlin (Deputy Under Secretary of Commerce for IP), and Sigal Mandelker (Deputy Assistant Attorney General in the DOJ's Criminal Division). Reporters' contact: Anne Thomas at athomas at doc dot gov or 202-482-1644. Location: Room 2226, Rayburn Building, Capitol Hill.

Day one of a three day conference hosted by the Institute for Defense and Government Advancement (IDGA) titled "Biometrics for National Security and Defense Conference". Location: Hilton Arlington, Ballroom I and II, 950 North Stafford St., Arlington, VA.

Deadline to submit initial comments to the Copyright Office (CO) in response to its Notice of Inquiry (NOI) regarding the meaning of the Copyright Act's term "cable system", and issues related to the phantom signal phenomenon. See, notice in the Federal Register, December 12, 2007, Vol. 72, No. 238, at Pages 70529-70540, and story titled "Copyright Office Issues Notice of Inquiry Regarding Cable Systems" in TLJ Daily E-Mail Alert No. 1,688, December 13, 2007.

Deadline to submit comments to the Office of the Director of National Intelligence (ODNI) in response to its notice of proposed rulemaking regarding ODNI policies for collecting and maintaining personally identifiable records and processes for administering requests for records under the Privacy Act of 1974, which is codified at 5 U.S.C. § 552a(b). See, notice in the Federal Register, January 2, 2008, Vol. 73, No. 1, at Pages 113-125. These proposed rules allow for the disclosure of information to courts, government agencies, Congress, any Congressional committee or subcommittee, and a consumer reporting agency (in accordance with 31 U.S.C. § 3711(e)). These proposed rules also enumerate numerous exemptions of records systems under the Privacy Act.

The House will meet at 12:30 PM for morning hour debate, and at 2:00 PM for legislative business. The House will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for week of February 11.

Day one of a two day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee. See, notice in the Federal Register, January 11, 2008, Vol. 73, No. 8, at Page 2058. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

Day two of a three day conference hosted by the Institute for Defense and Government Advancement (IDGA) titled "Biometrics for National Security and Defense Conference". Hugo Teufel, Chief Privacy Officer of the DHS, will speak at 8:15 AM. He will address implementation of the Privacy Act of 1974 on biometric storage system of records. Location: Hilton Arlington, Ballroom I and II, 950 North Stafford St., Arlington, VA.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on judicial nominations. Sen. Dianne Feinstein (D-CA) will preside. Location: Room 226, Dirksen Building.

1:00 - 4:00 PM. The Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) will meet by conference call. See, notice in the Federal Register, January 24, 2008, Vol. 73, No. 16, at Page 4132.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Diversity Committee will host an event titled "FCC Equal Employment Opportunity (EEO) Rules". This event offers continuing legal education (CLE) credits. The speakers will be Larry Walke (NAB), Lewis Pulley (FCC, Media Bureau, Policy Division), and David Honig (Minority Media and Telecommunications Council). The price to attend ranges from $25 to $135. Location: Wiley Rein, 1776 K St., NW.

The House will meet at 10:00 AM for legislative business. The House may consider legislation to reform the Foreign Intelligence Surveillance Act (FISA) or to extend the S 1927 [LOC | WW], the "Protect America Act". See, Rep. Hoyer's schedule for week of February 11.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing on DTV transformation preparedness. The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee will hold a hearing titled "Examining the State Secrets Privilege: Protecting National Security While Preserving Accountability". The witnesses will be Carl Nichols (Deputy Assistant Attorney General, Civil Division), Patricia Wald (former judge), Louis Fisher (Law Library of the Library of Congress), Robert Chesney (Wake Forest University School of Law), and Michael Vatis (Steptoe & Johnson). See, notice. Location: Room 226, Dirksen Building.

Day two of a two day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee. See, notice in the Federal Register, January 11, 2008, Vol. 73, No. 8, at Page 2058. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

Day one of a three day conference hosted by the Institute for Defense and Government Advancement (IDGA) titled "Biometrics for National Security and Defense Conference". Location: Hilton Arlington, Ballroom I and II, 950 North Stafford St., Arlington, VA.

EXTENDED TO MARCH 14. Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the Petition for Declaratory Ruling [33 pages in PDF] filed by the Public Knowledge (PK) and other groups on December 11, 2007, pertaining to the regulatory status of text messaging services, including short code based services sent from and received by mobile phones. The PK requests that the FCC declare that these services are governed by the anti-discrimination provisions of Title II of the Communications Act. See, story titled "Verizon Wireless and Net Neutrality Advocates Clash Over Text Messaging" in TLJ Daily E-Mail Alert No. 1,647, September 27, 2007. See also, letter from Verizon Wireless to NARAL dated September 27, 2007, and NARAL's web page titled "NARAL Pro-Choice America Wins Fight over Corporate Censorship". See also, story titled "Public Knowledge Asks FCC to Declare that Blocking and Refusing to Carry Text Messages Violates Title II" in TLJ Daily E-Mail Alert No. 1,686, December 11, 2007. This proceeding is WT Docket No. 08-7. See, notice in the Federal Register, January 28, 2008, Vol. 73, No. 18, at Pages 4866-4867. See, notice [PDF] of extension, DA 08-282.

The House will meet at 10:00 AM for legislative business. The House may consider legislation to reform the Foreign Intelligence Surveillance Act (FISA) or to extend the S 1927 [LOC | WW], the "Protect America Act". See, Rep. Hoyer's schedule for week of February 11.

8:00 - 9:30 AM. The Northern Virginia Technology Council (NVTC) will host a breakfast program titled "New Directions in Federal Procurement -- Changes in the Legal Terrain for 2008". See, notice. The price to attend ranges from $45 to $85. Location: The Ritz Carlton, 1700 Tysons Blvd., McLean, VA.

9:30 AM. The Senate Commerce Committee (SCC) will hold a hearing on the nomination of John Sullivan to be Deputy Secretary of Commerce. See, notice. Location: Room 253, Russell Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Rambus Inc v. FTC, App. Ct. No. 07-1086. Judges Henderson, Randolph and Williams will preside. See, FTC brief [90 pages in PDF]. See, FTC's August 2, 2006, opinion [120 pages in PDF] in its administrative proceeding titled "In the Matter of Rambus, Inc.". See also, FTC Docket No. 9302 for hyperlinks to pleadings in this proceeding. And see, story titled "FTC Holds That Rambus Unlawfully Monopolized Markets" in TLJ Daily E-Mail Alert No. 1,427, August 8, 2006, and story titled "FTC Files Administrative Complaint Against Rambus" in TLJ Daily E-Mail Alert No. 455, June 20, 2002. Location: 333 Constitution Ave., NW.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "One Year to the DTV Transition: Consumers, Broadcasters, and Converter Boxes". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of several bills, including S 2449 [LOC | WW], the "Sunshine in Litigation Act of 2007", and S 352 [LOC | WW], the "Sunshine in the Courtroom Act of 2007". The agenda also includes consideration of the nominations of Kevin O'Connor (to be Associate Attorney General) and Gregory Katsas (to be Assistant Attorney General in charge of the Civil Division). The SJC rarely follows its published agendas. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Science Committee will hold a hearing titled "Funding for the America COMPETES Act in the FY2009 Administration Budget Request". The witness will be John Marburger, Director of the Executive Office of the President's (EOP) Office of Science and Technology Policy. Location: Room 2318, Rayburn Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution, Civil Rights, and Civil Liberties will hold a hearing on the Department of Justice's (DOJ) Office of Legal Counsel (OLC). See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Oversight and Government Reform Committee's Subcommittee on Information Policy, Census, and National Archives will hold a hearing titled "Federal IT Security: A Review of H.R. 4791". Location: Room 2154, Rayburn Building.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing on HR 3679 [LOC | WW], the "State Video Tax Fairness Act of 2007". See, notice. Location: Room 2141, Rayburn Building.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual Property will hold a hearing titled "Design Law -- Are Special Provisions Needed to Protect Unique Industries?". See, notice. Location: Room 2141, Rayburn Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its two notice of proposed rulemakings (NPRMs) regarding service rules for the Wireless Communications Service (WCS) and for terrestrial repeaters used in conjunction with the Satellite Digital Audio Radio Service (SDARS). These items are FCC 07-215 in WT Docket No. 07-293 and IB Docket No. 95-91. The FCC adopted these items on December 17, 2007, and released them on December 18, 2007. See, notice in the Federal Register, January 15, 2008, Vol. 73, No. 10, at Pages 2437-2440.

The House will meet at 10:00 AM for legislative business. The House may consider legislation to reform the Foreign Intelligence Surveillance Act (FISA) or to extend the S 1927 [LOC | WW], the "Protect America Act". See, Rep. Hoyer's schedule for week of February 11.

8:30 - 11:45 AM. The Alliance for Public Technology (APT) will host an event titled "2008 Policy Forum & Susan G. Hadden Pioneer Awards". The speakers will include FCC Commissioner Jonathan Adelstein and Robert Atkinson (head of the Information Technology and Innovation Foundation). Location: National Press Club, 13th Floor, 529 14th St. NW.

10:00 AM - 12:00 NOON. The House Intelligence Committee will hold a closed hearing titled "Cyber Initiative". See, notice. Location: Room H-405, Capitol Building.

TIME? The House Oversight and Government Reform Committee will hold a hearing titled "Preservation of White House E-mails". Location: Room 2154, Rayburn Building.

12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "Countdown to DTV: Making the 2009 Deadline Work". The speakers will be Ken Feree (PFF), Meredith Baker (acting head of the NTIA), Debra Berlyn (AARP), Rick Chesson (legal advisor to FCC Commissioner Michael Copps), and David Donovan (head of the Association for Maximum Service Television). Lunch will be served. See, notice and registration page. Location: Room B-369, Rayburn Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Cable Practice, Engineering and Technical Practice, and Mass Media Committees will host a brown bag lunch. The topic will be "Understanding Technical Issues Involved in the DTV Transition". The speakers will include Bill Check (NCTA). See, notice and registration page. This event is free. Location: Wiley Rein, 1776 K St., NW.

Deadline to submit comments to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) in response to its Notice of Inquiry (NOI) regarding its mid-term review of the Joint Project Agreement (JPA) between the DOC and the Internet Corporation for Assigned Names and Numbers (ICANN). See, NTIA release and notice in the Federal Register, November 2, 2007, Vol. 72, No. 212, at Pages 62220-62222.

Expiration of the temporary amendments to the Foreign Intelligence Surveillance Act (FISA) enacted by S 1927 [LOC | WW], the "Protect America Act", as amended by HR 5104 [LOC | WW].

Day one of a four day event hosted by the National Association of Regulatory Utility Commissioners (NARUC) titled "Winter Committee Meetings". See, notice and registration form [PDF]. Location: Renaissance Washington Hotel.

Washington's Birthday. See, Office of Personnel Management's (OPM) list of 2008 federal holidays.

The House will begin its President's Day Recess. See, Rep. Hoyer's 2008 calendar [4.25 MB PDF].

Day two of a four day event hosted by the National Association of Regulatory Utility Commissioners (NARUC) titled "Winter Committee Meetings". See, notice and registration form [PDF]. Location: Renaissance Washington Hotel.

Deadline to submit comments to the Department of Justice's (DOJ) Antitrust Division regarding the Complaint, proposed Final Judgment, Hold Separate Stipulation and Order, and Competitive Impact Statement in U.S. v. Commscope, Inc. and Andrew Corporation, U.S. District Court (DC), D.C. No. 07-02200. See, notice in the Federal Register: December 20, 2007, Vol. 72, No. 244, at Pages 72376-72388.

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