DC Circuit Receives Briefs in Challenge to
FCC CPNI Opt-In Rules |
5/6. The Federal Communications Commission (FCC) filed its
brief [85
pages in PDF] on April 30 in NCTA v. FCC, a petition for review of the FCC's 2007
CPNI Report and Order.
The National Cable & Telecommunications Association
(NCTA) filed its
brief [99 pages in PDF] on March 14. The EPIC and others filed an
amicus curiae
brief [23 pages in PDF] on May 6 in support of the FCC's opt-in rule for
disclosing CPNI to joint venture partners and independent contractors.
47 U.S.C. § 222 requires carriers to keep confidential the customer proprietary network
information (CPNI) that they possess. The FCC implements this section with rules.
This round of CPNI rulemaking began as a result of the August 30, 2005,
petition for rulemaking filed by
the Electronic Privacy Information Center's
(EPIC) to address the problem of third party data brokers and private
investigators who were obtaining CPNI from without authorization of customers.
That is, data brokers, private investigators, and Hewlett Packard lawyers, or
their agents, were taking advantage of inadequate security through pretexting
practices, such as pretending to be a customer seeking his own records.
The FCC adopted its NPRM on February 10, 2006. See, story titled "FCC Adopts
NPRM Regarding Privacy of Consumer Phone Records" in
TLJ Daily E-Mail
Alert No. 1,308, February 13, 2006. It released the
text
[34 pages in PDF] on February 14, 2006. The NPRM is FCC 06-10.
FCC adopted the Report and Order under review on March 13, 2007. It released the
text [PDF]
on April 2, 2007. It is FCC 07-22 in CC Docket No. 96-115 and WC Docket No. 04-36.
The FCC order addresses issues other than pretexting. Pertinent to this proceeding, it
modified its rules "to require carriers to obtain opt-in consent from a customer before
disclosing a customer’s CPNI to a carrier's joint venture partners or independent contractors
for the purposes of marketing communications related services to that customer." (See,
order at paragraphs 37-50.)
The NCTA filed a petition for
review [PDF] on August 7, 2007. It challenges only the FCC's rules requiring carriers and
interconnected voice over internet protocol service providers to obtain opt in customer
approval before disclosing CPNI to joint venture partners and independent contractors.
The NCTA wrote in its brief that the first issue is "Whether the FCC's Order
violates the First Amendment by restricting protected speech in a manner that
does not directly or materially advance a real and substantial governmental
interest and is not narrowly tailored to the governmental interests at stake."
It wrote that the second is is "Whether the FCC's Order is arbitrary and capricious
under the Administrative Procedure Act ... because it (a) imposes an ``opt-in´´ approval
requirement despite the absence of record evidence to support its departure from the prior
``opt-out´´ regime, (b) fails to establish any nexus between the threat of unauthorized CPNI
disclosures and the form of customer approval, and (c) neglects to evaluate the significant
competitive disadvantages of the selective opt-in requirement for new entrants in the
telephone services marketplace."
The FCC argued in its brief that federal consumer privacy protection regulations that
impose opt-in requirements on businesses pass constitutional muster, citing the April 13, 2001,
opinion of
the U.S. Court of Appeals (DCCir) in Trans Union
Corp. v. FTC, 245 F.3d 809. See also, story titled "Financial Privacy" in
TLJ Daily E-Mail Alert No.
166, April 16, 2001, and story titled "Appeals Court Denies Rehearing for Trans
Union" in TLJ Daily E-Mail
Alert No. 293, October 24, 2001.
This case is NCTA v. FCC and USA, U.S. Court of Appeals for the District of Columbia
Circuit, App. Ct. No. 07-1312, a petition for review of a final order of the FCC.
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FCC Adopts Cap on High Cost Universal
Service Support |
5/1. The Federal Communications Commission (FCC) released
an Order [117
pages in PDF] in its long running omnibus proceeding regarding universal service taxes and
subsidies. See also, FCC
release
[PDF].
This order states that "we adopt an interim, emergency cap on
the amount of high-cost support that competitive eligible telecommunications
carriers (ETCs) may receive." (Footnote omitted.)
It adds that, with exceptions, "total annual competitive ETC support for each state
will be capped at the level of support that competitive ETCs in that state were eligible
to receive during March 2008 on an annualized basis."
The order offers the explanation that "the rapid growth in high-cost support places
the federal universal service fund in dire jeopardy. In 2007, the universal service fund
provided approximately $4.3 billion per year in high-cost support. In contrast, in 2001,
high-cost universal service support totaled approximately $2.6 billion. In recent years,
this growth has been due to increased support provided to competitive ETCs, which receive
high-cost support based on the per-line support that the incumbent LECs receive, rather than
on the competitive ETCs’ own costs. While support to incumbent LECs has been flat since 2003,
competitive ETC support, in the seven years from 2001 through 2007, has grown from under $17
million to $1.18 billion". (Footnotes omitted.)
The order states that this cap "will remain in place only until the
Commission adopts comprehensive high-cost universal service reform". There is nothing in the order to
ensure that this cap will in fact be interim.
The FCC order also states that the FCC "plans to move forward on adopting
comprehensive reform measures in an expeditious manner". This has been the stated plans
of the FCC since it opened this proceeding twelve years ago.
This order is FCC 08-122 in WC Docket No. 05-337 and CC Docket No. 96-45.
FCC Chairman
Kevin Martin (at right) wrote in a
statement
[PDF] that "This action is essential to preserve and advance the benefits of the universal
service program while we consider comprehensive reform."
He continued that this order "is not an end in itself, but a step on the path towards
comprehensive reform. I continue to believe the long-term answer for comprehensive reform of
high-cost universal service support is to move to a reverse auction methodology and to require
that high-cost support be based on a carrier’s own costs."
On May 5, Scott
Wallsten, of the Technology Policy
Institute, released a
paper [20 pages in PDF] titled "Reverse Auctions and Universal Telecommunications
Service: Lessons from Global Experience". He wrote that "reverse
auctions have proven themselves both feasible and effective mechanisms for reducing
expenditures on universal service and for revealing information about the true costs of
supplying service in rural areas. Assuming these policy goals, policymakers in the U.S.
should at a minimum devise pilot projects to begin implementing this idea."
FCC Commissioners Michael Copps and Jonathan Adelstein dissented. Copps wrote in his
statement
[PDF] that this cap is "an illusory band-aid that is supposed to contain costs but, in
reality, imposes the much heavier cost of lost opportunity to reform Universal Service".
Adelstein wrote in his
statement
that this cap is "a step backwards in universal service policy".
Verizon's Susanne Guyer stated in a release that "This is a positive development.
Comprehensive reform of universal service and intercarrier compensation makes sense for
consumers and the industry. As an initial matter, it is critical to clarify the rules for
VoIP and other IP-enabled services and confirm that all such services are 'interstate’
services subject to the FCC's authority. IP is an important growth engine for the entire
sector, and the commission should encourage competition and a level playing field so customers
enjoy new services faster."
Organization for the Promotion and Advancement of Small
Telecommunications Companies (OPASTCO) President John Rose praised the order in a
release [PDF], and
stated that "The very future of rural networks is at stake. The USF is crucial to
ensuring rural America makes the transition to the IP world. We cannot allow rural communities
to founder as the demand for broadband capabilities increases."
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What Shakespeare Had to Say About
XBRL and Interactive Data |
4/30. Securities and Exchange Commission (SEC) Chairman
Chris Cox gave a
speech at the
Folger Shakespeare Library in Washington DC. He said,
quoting William Shakespeare, that SEC disclosure statements that are designed for internet
users, along with XBRL and interactive data, will enable investors to
"ascend the brightest heaven
of invention".
Cox also said that in the Merchant
of Venice Shakespeare cautions against risky borrowing practices, and that in
Hamlet, he
"approves of the current round of deleveraging".
Cox spoke tagging SEC filings with eXtensible Business
Reporting Lanaguage (XBRL) tags, interactive data, and mutual fund prospectuses.
He also said that "In the coming weeks, the Commission will consider a rule that sets
out a schedule for data tagging by all public companies. At the same time, I expect the
Commission will consider a rule for data tagging by mutual funds." This event had been
scheduled for April 21, 2008, but was postponed until May 14, 2008. See, original meeting
agenda
and notice
of postponement. Use of interactive data in SEC filings is currently voluntary.
Cox said that "What's really exciting about the summary prospectus is what investors
will be able to do with it online. This is the first SEC disclosure document that has really
been engineered for the Internet, with individual investors in mind. To adapt to the online
world, the summary prospectus layers the disclosure from summary to granular detail, in a way
that lets each investor quickly find the information they're looking for. This ``vertical´´
disclosure would enable investors to reach the level of detail that meets their individual
needs."
"Combined with interactive data, the new summary information and vertical search
capability will allow investors to instantly get that same information for dozens, hundreds,
or even thousands of funds in order to do quick and easy comparisons." He continued that
"Interactive data will let them analyze and understand financial information with an
economy of effort that's never been possible before."
He also said that "you can already give mutual fund interactive data a test drive
using our new" Mutual Fund Reader.
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People and Appointments |
5/5. Securities and
Exchange Commission (SEC) Paul
Atkins (at right) announced in a
release that he "intends to
leave the SEC following the end of his term" which ends this year, and that he "plans
to stay until his successor is appointed and takes office". Atkins has been an advocate
of the interests of technology and other companies burdened by Section 404 of the Sarbanes
Oxley Act, and its implementation.
5/2. Daniel Petri, head of Verizon's operations outside of the US, will retire,
effective August 1, 2008. See,
release.
5/1. Robert Brust was named Chief Financial Officer of Sprint Nextel. See,
release.
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More News |
5/2. The Federal Communications Commission (FCC) filed
its opposition
[25 pages in PDF] to the National Cable & Telecommunications
Association's (NCTA) emergency motion for stay in UCCOC v. FCC., consolidated
petitions for review of the FCC's order that revises its leased access rules. The FCC
argues that the NCTA is not entitled to a stay because it has not met the requirements for
injunctive relief, and particularly, likelihood of success upon the merits. Cable operators
provide video programming to their subscribers. Cable operators pay for programming. In
contrast, with leased access programmers pay cable operators to lease access to cable channels.
The 1984 Act requires this, and the FCC regulates this leased access, including prices. Few
channels have been leased. In the order under review the FCC lowered rates for leased access,
and imposed further requirements upon cable operators. This order is FCC 07-208 in MB Docket
No. 07-42. This case is United Church of Christ Office of Communications v. FCC and USA,
U.S. Court of Appeals for the District of Columbia Circuit, App. Ct. No. 08-3245 and
consolidated cases. See also, story titled "FCC Adopts R&O and FNPRM Regarding
Commercial Leased Access" in
TLJ Daily E-Mail Alert No. 1,680, November 30, 2007.
5/2. The Cato Institute released a
paper [5
pages in PDF] titled "The Temptation of Media Regulation". The author is
Bruce
Owen of Stanford University. He argues that bundling is benign and ubiquitous,
and that the government should not mandate unbundling of cable channels.
5/1. The Securities and Exchange Commission (SEC) filed
a civil complaint
[10 MB PDF file] in U.S. District Court (SDFla)
against GlobeTel Communications Corp., Timothy J. Huff, Thomas Y. Jimenez and Lawrence E.
Lynch, alleging Section 10b fraud and other violations of federal securities laws in connection
with an alleged a scheme to inflate GlobeTel's revenue and then hide millions of dollars of
unpaid receivables and liabilities between 2004 and 2006. This case is SEC v. GlobeTel
Communications Corp., et al., U.S. District Court for the Southern District of Florida,
D.C. No. Case No. 08-CV-60647. See also, SEC
release.
4/29. The U.S. District Court (CDCal) unsealed
an indictment, that was returned on April 9, 2008, that charges Lawanda Jackson, a former
employee of UCLA Medical Center, with federal crimes in connection with her accessing the
private medical records of celebrity patients at the UCLA Medical Center and selling
personally identifiable information obtained from those files. See,
release of
the Office of the U.S. Attorney for the Central District of California.
4/28. The U.S. District Court (NDCal)
sentenced David M. Fish, aged 26, of Woodbury, Connecticut, to serve 30 months in prison
following his plea of guilty to conspiracy to commit criminal copyright infringement,
distribution of technology primarily designed to circumvent encryption technology protecting
a right of a copyright owner and aiding and abetting, circumventing a technological measure
that protects a copyright work and aiding and abetting, copyright infringement by electronic
means, and aiding and abetting. The Office of the
U.S. Attorney (NDCal) stated in a
release that Fish was "site operator as well as a scripter, equipment supplier, broker
and encoder for warez sites" that distributed "newly-released movies, games, software
and music online". The sentence also provides for "forfeiture of computer and other
equipment used in committing the copyright offenses".
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About Tech Law Journal |
Tech Law Journal publishes a free access web site and
subscription e-mail alert. The basic rate for a subscription
to the TLJ Daily E-Mail Alert is $250 per year. However, there
are discounts for subscribers with multiple recipients. Free one
month trial subscriptions are available. Also, free
subscriptions are available for journalists,
federal elected officials, and employees of the Congress, courts, and
executive branch. The TLJ web site is
free access. However, copies of the TLJ Daily E-Mail Alert are not
published in the web site until one month after writing. See, subscription
information page.
Contact: 202-364-8882.
P.O. Box 4851, Washington DC, 20008.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998-2008
David Carney,
dba Tech Law Journal. All rights reserved. |
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Washington Tech Calendar
New items are highlighted in red. |
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Tuesday, May 6 |
The House will meet at 10:30 AM for morning hour
debate, and at 12:00 NOON for legislative business. The House is scheduled to consider
HR 4279 [LOC
| WW], the
"Prioritizing Resources and Organization for Intellectual Property Act of
2007" or "PRO IP Act" under suspension of the rules. See, Rep. Hoyer's
schedule for week of May 5, and
schedule for May 6.
The Senate will meet at 10:00 AM. It will resume consideration of
HR 2881 [LOC |
WW], the
"FAA Reauthorization Act of 2007".
9:30 AM. The House Commerce
Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing
on HR 5353 [LOC |
WW], the
"Internet Freedom Preservation Act of 2008". This hearing
will be webcast by the HCC. The witnesses will be Kyle
McSlarrow (NCTA), Mitch Bainwol (RIAA), Walter McCormick (USTelecom),
Christopher Yoo (University of Pennsylvania), Michelle Combs (Christian
Coalition of America), Scott Savitz (Shoebuy.com), Ben Scott (Free Press), and
Steve Peterman (Writers Guide of America, West). Location: Room 2322, Rayburn Building.
10:00 AM. The House Education and
Labor Committee will hold a hearing titled "Do Federal Programs Ensure U.S.
Workers Are Recruited First Before Employers Hire From Abroad?". Location: Room
2175, Rayburn Building.
10:00 AM - 12:00 NOON. The House
Intelligence Committee's (HIC) Subcommittee on Technical and Tactical Intelligence
will hold a closed hearing on International Traffic in Arms Regulations (ITAR)
regulations. See, notice.
Location: Room H-405, Capitol Building.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument in University of Texas v. Benq,
App. Ct. No. 2007-1388, an appeal from the U.S.
District Court (WDTex) in patent infringement case involving cell phone technology. See,
web site with hyperlinks to District
Court pleadings. Location: Courtroom 201, 717 Madison Place, NW.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument in Technology Properties v. ARM,
App. Ct. No. 2008-1020. Location: Courtroom 201, 717 Madison Place, NW.
10:00 AM. The U.S.
Court of Appeals (FedCir) will hear oral argument in AdvanceME v. RapidPay,
App. Ct. No. 2007-1036, an appeal from the U.S.
District Court (EDTex) in a patent infringement case involving the concept of joint
infringement. Location: Courtroom 203, 717 Madison Place, NW.
10:00 AM. The U.S. Court
of Appeals (FedCir) will hear oral argument in Technology Licensing v.
Videotek, App. Ct. No. 2007-1441, a patent infringement case involving video signal
processing. Location: Courtroom 203, 717 Madison Place, NW.
12:00 NOON - 2:00 PM. The Information
Technology and Innovation Foundation (ITIF) will host a lecture by
William
Lewis titled "Unleashing the Power of Productivity at Home and Abroad".
The other speaker will be Ike Brannon (Department of the Treasury). This event is free
and open to the public. See,
notice. Location: ITIF, Suite 200, 1250 Eye St., NW.
2:00 PM. The House Judiciary
Committee's (HJC) Subcommittee on Commercial and Administrative Law will
hold a hearing titled "Hearing on the Rulemaking Process and the Unitary Executive
Theory". See, notice.
This hearing will be webcast by the HJC. Location: Room 2141, Rayburn Building.
3:00 PM. The
House Judiciary Committee's (HJC)
Subcommittee on Crime will meet to mark up numerous bills. The agenda includes consideration
of HR 2352 [LOC |
WW], the
"School Safety Enhancements Act of 2007". This bill would amend
42 U.S.C. § 3797a to authorize the Department of
Justice (DOJ) to provide grants to public elementary and secondary schools for
surveillance equipment. See, story titled "House Judiciary Committee to
Hold Hearing on Bill to Provide Federal Funding to Schools for Surveillance Equipment"
in TLJ Daily E-Mail Alert No. 1,746, April 14, 2008. Location: Room 2237, Rayburn
Building.
The Computer and Communications
Industry Association (CCIA) will host an event titled "2008 Washington Caucus".
Prices vary. Location: Willard Hotel.
Day one of a two day workshop hosted by the
Federal Trade Commission (FTC) titled "Beyond Voice: Mapping the Mobile
Marketplace". See,
notice. Location: FTC Conference Center, 601 New Jersey Ave., NW.
6:00 - 8:00 PM. Day one of a two day conference hosted by the
Information Technology Association of America (ITAA)
titled "Defending Cyberspace 2008". On May 6 there will be a reception.
See, ITAA notice and
conference web site. For more information,
contact Jennifer Kerber at jkerber at itaa dot org. Location: Ronald Reagan International
Trade Center.
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Wednesday, May 7 |
The House will meet at 10:00 AM for legislative
business. The House will consider non-technology related items. See, Rep. Hoyer's
schedule for week of May 5.
8:30 - 10:00 AM. The Democratic members of the
House Intelligence Committee
(HIC) will hold a closed meeting titled "FY09 Intelligence Authorization Mark-up
Issues". Location: Room H-405, Capitol Building.
10:00 AM. The Senate
Judiciary Committee (SJC) will hold a hearing on judicial nominations, including
Helene White (to be a Judge of the U.S. Court of Appeals for the 6th Circuit),
Raymond Kethledge (6th Circuit), and Stephen Murphy (U.S.D.C., E.D. Michigan). See,
SJC notice. See
also, story titled "President Bush and Senate Democrats Reach Compromise on
6th Circuit Nominees" in TLJ Daily E-Mail Alert No. 1,747, April 15, 2008.
Location: Room 226, Dirksen Building.
10:00 AM. The U.S. Court
of Appeals (FedCir) will hear oral argument in Jacobsen v. Katzer, App.
Ct. No. 2008-1001, an appeal from the U.S. District
Court (NDCal) in a patent and copyright case involving open source software and model
trains. See, hyperlinks to District Court pleadings in Robert Jacobsen's
web site titled "Java Model Railroad
Interface" or "JMRI". See also,
amicus brief of
Creative Commons and others. Location: Courtroom
201, 717 Madison Place, NW.
11:00 AM - 1:00 PM. The
House Science Committee (HSC) will meet to mark up HR 5940
[LOC |
WW], the
"National Nanotechnology Initiative Amendments Act of 2008". See,
notice. Location: Room 2318, Rayburn Building.
12:00 NOON. The Cato Institute
will host a panel discussion titled "The REAL ID Rebellion: Whither the National ID
Law?". The speakers will be Mark Sanford
(Governor of the state of South Carolina), Sen. Jon
Tester (D-MT), and Jim Harper (Cato).
The event will be webcast by the Cato. See,
notice and registration
page. Location: Cato, 1000 Massachusetts Ave., NW.
2:00 PM. The
House Small Business Committee's (HSBC) Subcommittee on Contracting and
Technology will hold a hearing titled "The DTV Transition and Small
Businesses: Small Firms Contributing to a Big Change". Location: Room
1539, Longworth Building.
Day two of a two day workshop hosted by the
Federal Trade Commission (FTC) titled "Beyond Voice: Mapping the Mobile
Marketplace". See,
notice. Location: FTC Conference Center, 601 New Jersey Ave., NW.
8:30 AM - 5:30 PM. Day two of a two day conference hosted by the
Information Technology Association of America (ITAA)
titled "Defending Cyberspace 2008". At 9:15 AM, Greg Garcia, Assistant
Secretary for Cyber Security and Communication, Department
of Homeland Security (DHS), will speak. See, ITAA
notice and conference
web site. For more information, contact
Jennifer Kerber at jkerber at itaa dot org. Location: Ronald Reagan International Trade
Center.
Deadline to submit initial comments to the Federal Communications
Commission's (FCC) Consumer & Governmental Affairs Bureau in response to its Public
Notice regarding the request for clarification filed by Hawk Relay that internet protocol
speech to speech (IPSTS) is a form of Telecommunications Relay Service (TRS). This item is
DA 08-292 in CG Docket No. 08-15. See,
notice in the Federal Register,
April 7, 2008, Vol. 73, No. 67, at Page 18796.
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Thursday, May 8 |
The House will meet at 10:00 AM for legislative
business. The House will consider non-technology related items. See, Rep. Hoyer's
schedule for week of May 5.
9:00 AM - 12:00 NOON. The House
Intelligence Committee (HIC) will hold a closed meeting to mark up the FY 2009
Intelligence Authorization bill. See,
notice. Location: Room
H-405, Capitol Building.
9:30 AM. The U.S. Court of
Appeals (DCCir) will hear oral argument in CTIA v. FCC, App. Ct. No.
07-1475. Judges Sentelle, Randolph and Rogers will preside. Location: 333 Constitution
Ave., NW.
9:30 AM - 1:15 PM. The DC Bar
Association will host a program titled "Essential Checklist for Electronic
Discovery". The speakers will be John Facciola (Magistrate Judge, U.S. District
Court for the District of Columbia), Conrad Jacoby (efficientEDD), and Courtney Barton
(LexisNexis Applied Discovery). This event qualifies for continuing legal education
(CLE) credits. Prices vary from $80 to $115. See,
notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.
10:00 AM. The Senate Judiciary
Committee (SJC) may hold an executive business meeting. The agenda includes consideration
of S 2913 [LOC |
WW], the
"Shawn Bentley Orphan Works Act Of 2008", and S 1738
[LOC |
WW], the
"Combating Child Exploitation Act". S 2913 degrades the remedies available
to copyright owners in civil actions for infringement of copyright. S 1738 would,
among other things, provide for more Department of Justice (DOJ) regional computer forensic
laboratories, and provide that "crimes against children" are predicate offenses
for the issuance of wiretap orders to state law enforcement agencies.
The agenda also includes consideration of the nomination
of Steven Agee to be a Judge of the
U.S. Court of Appeals (4thCir). See,
notice. The SJC rarely
follows its published agendas. Location: Room 226, Dirksen Building.
10:00 AM. The House Science
Committee (HSC) will hold a hearing titled "Fulfilling the Potential of Women
in Academic Science and Engineering Act of 2008". See,
notice. Location: Room 2318, Rayburn Building.
12:00 NOON - 1:00 PM. The
U.S. Chamber of Commerce and the
National Bureau of Asian Research will host a lunch. The
speaker will be Christopher Padilla, Under Secretary of Commerce for International Trade.
He will discuss the People's Republic of China's innovation and standards setting policies.
The US Chamber states that "Credentialed members of the media are invited to attend.
Please RSVP to Media Relations at the Chamber of Commerce at 202-463-5682" or press at uschamber dot com. Location: US Chamber, 1615 H St., NW.
12:00 NOON - 2:00 PM. The Federal
Communications Bar Association's (FCBA) Diversity Committee and Young Lawyers' Committee
will host an event titled "Mentoring Luncheon". For more information, contact
Contact Andrea Barbarin at abarbarin at loctw dot com or 202-479-4844. The price to attend is
$20.00. See, notice and online registration page. Location: Arnold & Porter, 10th floor,
555 12th St., NW.
2:00 PM. The U.S. Court of
Appeals (FedCir) will hear oral argument en banc in In Re Bilski, App.
Ct. No. 07-1130, an appeal from the an appeal from the U.S.
Patent and Trademark Office's (USPTO)
Board of Patent Appeals and
Interferences (BPAI), regarding patentable subject matter. See, story titled "Federal
Circuit Receives Amicus Briefs Re Business Method Patents and Patentable Subject Matter"
1,743, April 8, 2008. Location: Courtroom 201, 717 Madison Place, NW.
Deadline to submit comments to the Department
of Education (DOE) in response to its notice of proposed rulemaking regarding the
Family Educational Rights and Privacy Act of 1974 (FERPA). See,
notice in the Federal Register, March 24, 2008, Vol. 73, No. 57, at Pages
15573-15602.
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Friday, May 9 |
Rep. Hoyer's
schedule for week of May 5 states that "no votes are expected in the
House".
9:30 AM. The U.S. Court of
Appeals (DCCir) will hear oral argument in In Re Sealed Case, App. Ct.
No. 07-3132, and Steven Hatfill v. Baltimore Sun Company, App. Ct.
No. 08-5049. Location: Courtroom 22 Annex, 333 Constitution Ave., NW.
10:00 AM. The U.S.
Court of Appeals (FedCir) will hear oral argument in Praxair v. ATMI, App.
Ct. No. 2007-1483, an appeal from the U.S. District Court (DDel) in patent infringement case
involving the availability of injunctive relief in patent infringement cases following the
Supreme Court's 2006,
opinion [12 pages in
PDF] in eBay v. MercExhange, which held that the traditional four factor
framework that guides a court's decision whether to grant an injunction applies in patent
cases. See also, story
titled "Supreme Court Rules on Availability of Injunctive Relief in Patent Cases"
in TLJ Daily E-Mail Alert No. 1,371, May 16, 2006. Location: Courtroom 402, 717 Madison
Place, NW.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument in Scanner Technologies v. ICOS Vision
Systems, App. Ct. No. 2007-1399, an appeal from the
U.S. District Court (SDNY) in a patent
infringement case involving technology and processes to inspect electronic components.
Location: Courtroom 201, 717 Madison Place, NW.
10:00 AM. The U.S.
Court of Appeals (FedCir) will hear oral argument in Fargo Electronics v.
Iris, App. Ct. No. 2007-1523, an appeal from the U.S. District Court (DMinn) in a
patent infringement case involving identification card printing technology. Location:
Courtroom 203, 717 Madison Place, NW.
12:00 NOON - 1:30 PM. The DC
Bar Association will host panel presentation titled "Patent Litigation in
China and Japan". The speakers will be
Kevin McCabe (Sterne Kessler Goldstein & Fox), Xiaoguang Cui
(Beijing Sanyou Intellectual Property Agency,
Ltd.), and Yasuhiro Ichiba (Judge, Tokyo District Court, Criminal Division). The price
to attend ranges from $10 to $30. For more information, contact 202-626-3488. See,
notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.
TIME? The U.S. Patent and Trademark
Office's (USPTO) Patent Public Advisory Committee (TPAC) will meet. Location?
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Sunday, May 11 |
Mothers Day.
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Monday, May 12 |
12:00 NOON - 1:00 PM. The Heritage
Foundation will host a panel discussion titled "Winning the Global Talent War:
H-1B Visa Reform". The speakers will be James Sherk (Heritage), William Beach
(Heritage), Kelly Hunt (U.S. Chamber of Commerce), and George Fisherman (Chief Counsel,
House Judiciary Committee's Subcommittee on Immigration, Citizenship, Refugees, Border
Security, and International Law ). See,
notice.
Location: Heritage, 214 Massachusetts Ave., NE.
TIME?. The Department of State's (DOS)
International
Telecommunication Advisory Committee (ITAC) will meet. The agenda may include advice
for the U.S. government on the ITU World Telecommunication Standardization Assembly 2008
(WTSA 08), meetings of the Telecommunication Sector Advisory Group (TSAG), and group
meetings on the International Telecommunication Regulations, cybersecurity, and other
subjects. See,
notice in the Federal Register, February 28, 2008, Vol. 73, No. 40, at Page 10854.
Location?
Deadline to submit comments to the U.S.
Patent and Trademark Office (USPTO) regarding information collection practices, and
paperwork reduction, pursuant to the Paperwork Reduction Act of 1995. See,
44 U.S.C. § 3506(c)(2)(A) and
notice in the Federal Register, March 12, 2008, Vol. 73, No. 49, at Pages
13211-13214.
Deadline to submit comments to the National
Institute of Standards and Technology's (NIST) Computer
Security Division (CSD) regarding
SP
800-116 [55 pages in PDF], titled "DRAFT A Recommendation for the Use
of PIV Credentials in Physical Access Control Systems (PACS)".
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