Martin Wants
FCC to Adopt Free Wireless Broadband Order |
12/3. The Federal Communications Commission (FCC) released a
document [2 pages in PDF] titled "FCC Announces Tentative Agenda for
December 18 Open Meeting". This item lists an order setting service rules for
free wireless broadband service in the AWS-3 band.
FCC Chairman Kevin Martin
held a news conference on December 3, 2008, at which he discussed this topic.
This document states that the FCC may consider a Report and Order
(R&O) and Order on Reconsideration (OR) that addresses "service rules for fixed
and mobile services, including advanced wireless services (AWS), in the
2155-2180 MHz band (AWS-3)".
Martin said that this item is similar to the item that he proposed in May,
but that the Commission did not approve.
This is a proposal to provide 25 MHz of spectrum to a single nationwide
licensee. It would require the licensee to provide a basic level of free wireless
broadband service. At least 25% of capacity would be devoted to the free basic
service. The rest would be used for fee based service.
The FCC's
Further NPRM [45 pages in PDF] of June 20, 2008, referenced "data
rates of at least 768 kbps downstream" for the free basic service. That
FNPRM is FCC 08-158 in WT Docket No. 07-195 and WT Docket No. 04-356.
The basic service would be subject to porn filtering, with adults having
the option to opt out. Fee based service would not be subject to filtering.
Martin said that the cut off age would be 18.
Martin was asked what would be filtered. He did not provide a responsive
answer. However, he did say that this leads to the "same debate as in
the broadcast area".
Martin
(at right) said that there are different two versions of this item. The
difference lies in the claw back provisions for areas not served by the
service provider. One provides that reclaimed spectrum would be made
available for unlicensed use.
Martin was asked which version he prefers. He responded that he prefers
whichever version two other commissioners will support.
None of the other Commissioners attended this news conference. However,
Martin stated that no one wants to do nothing.
M2Z Networks has sought the creation
of this service for several years. See, stories titled "FCC Accepts for Filing
M2Z's Application for Free Spectrum" in
TLJ Daily E-Mail
Alert No. 1,532, February 5, 2007, and "Panel Debates M2Z Proposal" in
TLJ Daily E-Mail
Alert No. 1,541, February 21, 2007.
Wireless carriers, and especially T-Mobile, have complained about
interference. See, story titled "M2Z and CTIA Dispute AWS-3 Interference" in
TLJ Daily E-Mail
Alert No. 1,831, September 24, 2008.
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Martin Discusses FCC
Agenda |
12/3. The Federal Communications Commission (FCC) released a
document [2 pages in PDF] titled "FCC Announces Tentative Agenda for
December 18 Open Meeting". Also, FCC Chairman Kevin Martin
held a news conference on December 3, 2008, at which he discussed this document
and other topics.
E911 Tracking Accuracy. The FCC's document states that the agenda
includes a 2nd Report and Order (R&O) that addresses "the geographic area over which wireless
carriers must meet the Enhanced 911 (E911) location accuracy requirements".
Martin said that this item is consistent with the proposals of Verizon and
others. See,
letter [PDF] of August 25, 2008 from AT&T, NENA and APCO, and
letter [PDF] of August 20, 2008, from Verizon Wireless, NENA and APCO.
The FCC adopted its first R&O on September 11, 2007, and released the text on
November 20, 2007. See, story titled "FCC Adopts E911 Location Tracking Accuracy
Benchmarks" in TLJ
Daily E-Mail Alert No. 1,640, September 17, 2007. That order is FCC 07-166
in PS Docket No. 07-114, CC Docket No. 94-102, WC Docket No. 05-196, FCC 07-166.
See also,
story titled "FCC Extends E911 Location Tracking Rules to Interconnected
VOIP" in TLJ Daily
E-Mail Alert No. 1,589, May 31, 2007.
DTV Items. The FCC's document also states that the agenda for December
18 includes an omnibus Notice of Apparent Liabilty (NAL) that fines "various
companies for apparent violations of the Commission's DTV consumer education
requirements".
Martin declined to either identify any of the companies to be fined, or the
industry sectors involved. However, he said that the NAL identifies 7 companies,
and will impose $11 Million in fines.
The FCC's document also states that the agenda for December 18 includes
Notice of Proposed Rulemaking (NPRM) that proposes "a new digital television
translator service for analog loss areas".
Other Agenda Items. The FCC's document also states that the agenda for
December 18 includes a R&O "modifying the program carriage rules and procedures
and a Further Notice of Proposed Rulemaking seeking comment on the practices of
programmers and broadcasters."
The FCC's document also states that the agenda for December 18 includes a
Report and Order and Second Report and Order and Order regarding "a regulatory
framework for the coexistence of licensees in the Satellite Digital Audio Radio
Service (SDARS) and the Wireless Communications Service (WCS) in the 2305-2360
MHz frequency band."
The FCC's document also states that the agenda for December 18 includes an
item regarding Wireless Radio Services (WRS) Renewals.
It states this: "A Notice of Proposed Rulemaking and Order addressing
Amendment of Parts 1, 22, 24, 27, 74, 80, 90, 95, and 101 To Establish License
Renewal and Discontinuance of Operation Policies and Procedures for Certain
Wireless Radio Services; Imposition of a Freeze on the Filing of Competing
Renewal Applications for Certain Wireless Radio Services and the Processing of
Already-Filed Competing Renewal Applications."
This event, if it takes place, may take place on December 18, 2008. Most of
the FCC's recent events titled "Open Meeting" have either not been held, or have
not been held at the time announced by the FCC. The FCC may adopt some of these
items beforehand. The FCC may postpone consideration of some of these items. The
FCC sometimes adds items to the program without providing the "one week" notice
required
5 U.S.C. § 552b. The FCC usually does not release at its events copies of
the items that it adopts at its events.
Other Topics Discussed at News Conference. Martin was asked questions
about his meetings and discussions with members of President elect Obama's
transition team. He said that "I have met with them", but refused to say
anything further.
Martin declined to discuss when he will leave that FCC, or what his future
plans may be.
Martin said that he does not know what the FCC will do regarding the PPM
Coalition's petition about Arbitron's use
of Portable People Meters (PPM). See, FCC Media
Bureau's September 4, 2008,
public notice [3 pages in PDF]. This is MB Docket No. 08-187.
Martin refused to answer a question about the FCC's failure to respond to
Freedom of Information Act (FOIA) requests for his travel records.
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7th Circuit Considers
Fake MySpace Identities |
12/5. The U.S. Court of Appeals
(7thCir) issued its opinion in US v. Morris, dismissing an
appeal in a case involving MySpace, fake identity, and child predation.
In this case, an adult women created a fake identity for a 15 year old girl
on the social networking site MySpace for the purpose of communicating with
another person under this fake identity.
These facts are similar to those in the case US v. Lori Drew.
Drew is an adult woman who created a fake MySpace
profile -- in violation of MySpace's terms of service (TOS) -- of a teenage boy.
She then cyber bullied a teenage girl who also used MySpace. The US prosecuted
Drew for violation of the Computer Fraud and Abuse Act (CFAA), which is codified at
18 U.S.C. § 1030.
See also, story titled "Lori Drew Pleads Not
Guilty in Section 1030 Case" in
TLJ Daily E-Mail
Alert No. 1,784, June 23, 2008, and story titled "Jury Returns Guilty
Verdict in Lori Drew Case" in TLJ Daily E-Mail Alert No. 1,865,
December 2, 2008.
In the present case, US v. Morris, the US prosecuted -- not the
MySpace TOS violator -- but the person with whom she communicated.
The Court of Appeals described her acts as a "private sting". She
communicated via MySpace with an adult man who, with the understanding that he
was communicating with a 15 year old, proposed sex. This TOS violator, whose
full name is not disclosed in the Court of Appeals' opinion, then turned this
information, and the MySpace account, over to the Federal Bureau of
Investigation (FBI).
Morris was prosecuted and convicted in the
U.S. District Court (EDWisc)
for violation of
18 U.S.C. § 2423.
The Court of Appeals dismissed Morris' appeal.
Section 2423 criminalizes transporting a minor across state lines for
illegal sexual conduct. Courts have also held that attempts are a crime.
Courts have also held that attempts directed at a law enforcement officer
using a fake online identity is a covered crime. This case holds that it is
also a crime if the attempt is directed to an adult online vigilante
pretending to be a minor.
However, what may be more noteworthy about this case is that it
illustrates the federal government's inconsistent application of Section
1030, and the resulting uncertainty that this causes.
The US had a policy reason (but no basis in Section 1030) for prosecuting
Lori Drew. Her statements under the fake identification that she created on
MySpace caused emotional distress to another person. That person later killed
herself.
But, there are also policy reasons (but no basis in Section 1030) for
deterring the use of social networking sites for private stings. For example,
while some private actors turn over evidence of online criminal activity
(including sex crimes, online drug sales, and online copyright and trademark
infringement) to law enforcement agencies, others use that information to commit
blackmail related crimes.
The Court of Appeals noted that "The vigilantes' aim might be to
blackmail any offender whom they detect rather than to turn him over to the
law enforcement authorities for prosecution."
There is also the matter of entrapment. Most law enforcement officers, but
fewer private vigilantes, understand the differences between stings, in which
evidence is collected about a person's attempt to commit a crime, and
entrapment, in which law abiding citizens not disposed to committing a crime are
enticed to commit a crime. That is, private online vigilantes, in some cases,
create crimes, rather that catch criminals.
The Court of Appeals, quoting from a law review article, wrote that
"Historically this was not a problem because
most individuals, even if they had the motivation to entrap others, did not have
the resources to orchestrate a sting while protecting themselves from
retaliation if caught. Private entrapment was therefore a rare occurrence. The
Internet has changed this, for better or worse, at least for the crimes
perpetrated partly on-line."
Also, the Court added that while law enforcement entrapment is a defense to a
criminal prosecution, there is no
defense if the entrapment is committed by private vigilantes. See, U.S. v.
United States v. Manzella, 791 F.2d 1263 (7th Cir. 1986).
In the end, the Court wrote that "This case is particularly
remote from the concerns with Internet vigilantism, since the
``vigilante´´ was a mother seeking to
protect her daughter from a sexual predator."
This case is U.S.A. v. James T. Morris, U.S. Court of Appeals for the
7th Circuit, App. Ct. No. 08-2329, a appeal from the U.S. District Court for the
Eastern District of Wisconsin, D.C. No. 07-CR-313-001, Judge J.P. Stadtmueller
presiding. Judge Richard Posner wrote the opinion of the Court of Appeals, in
which Judges Rovner and Evans joined.
Over many years TLJ has made many requests to persons employed by the
Department of Justice' (DOJ)
Computer Crimes and
Intellectual Property Section (CCIPS), and other DOJ components, for
information regarding the DOJ's interpretation of Section 1030.
All requests have been denied.
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7th Circuit Rules in
Illinois Unbundling Case |
11/26. The U.S. Court of Appeals
(7thCir) issued its opinion in Illinois Bell Telephone v. Box,
a case regarding unbundled network elements.
Illinois Bell Telephone Company, now a subsidiary of AT&T, is an incumbent
local exchange carrier (ILEC) within the meaning of
47 U.S.C. § 251.
Globalcom is another telecommunications company that seeks
access to Illinois Bell's network elements on an unbundled basis.
The Illinois Commerce
Commission (ICC) is the state telecommunications regulatory.
Charles Box, the lead
defendant, is the Chairman of the ICC.
The ICC ordered Illinois Bell to sell to Globalcom some of Illinois
Bell's services at cost. Moreover, this order went beyond the Federal
Communications Commission's (FCC) Section 251 determinations.
Illinois Bell filed a complaint in
U.S. District Court (NDIll)
against the ICC, Box (in his ICC capacity), and the other commissioners
seeking declaratory and injunctive relief.
The District Court granted summary judgment to Illinois Bell.
The ICC brought the present appeal. The Court of Appeals, with Judge
Richard Posner
writing the opinion, affirmed.
Judge Posner also offered this advice to telecommunications counsel:
"Although the dual federal-state regulatory scheme for the
telecommunications industry is complex and even arcane, the parties did not
have to assault us with 206 pages of briefs, brimming with jargon and
technical detail, in order to be able to present the issues on appeal
adequately. Clarity, simplicity, and brevity are underrated qualities in legal
advocacy."
Judge Posner's opinion explains in a mere 11 pages the meaning and
purposes of Section 251, and its application to this dispute.
This case is Illinois Bell Telephone Company, Inc. v. Charles Box, et al.,
U.S. Court of Appeals for the 7th Circuit, App. Ct. Nos. 08-1489 and 08-1494,
appeals from the U.S. District Court for the Northern District of Illinois,
Eastern Division, D.C. No. 05 C 1149, Judge Joan Gottschall presiding. Judge
Posner wrote the opinion of the Court of Appeals, in which Judges Ripple and
Evans joined.
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About Tech Law
Journal |
Tech Law Journal publishes a free access web site and
a subscription e-mail alert. The basic rate for a subscription
to the TLJ Daily E-Mail Alert is $250 per year for a single
recipient. 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 two months after writing.
For information about subscriptions, see
subscription information page.
Tech Law Journal now accepts credit card payments. See, TLJ
credit
card payments page.
TLJ is published by
David
Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
P.O. Box 4851, Washington DC, 20008.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998-2008 David Carney. All rights reserved.
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In This
Issue |
This issue contains the following items:
• Martin Wants FCC to Adopt Free Wireless Broadband Order
• Martin Discusses FCC Agenda
• 7th Circuit Considers Fake MySpace Identities
• 7th Circuit Rules in Illinois Unbundling Case
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Notice Re FCC Web
Site |
The Federal Communications Commission (FCC) announced in
its web site that "All FCC electronic filing and public
access systems except for the Network Outage Reporting
System (NORS) will be unavailable between 10:00 pm (EST)
Saturday, December 6 through 6:00 am (EST) Sunday, December
7 for scheduled maintenance." |
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Washington Tech Calendar
New items are highlighted in red. |
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Friday,
December 5 |
The House will not meet.
The Senate will meet in pro forma session.
8:00 AM - 5:15 PM. Day three of a three day
meeting of the National Institute of
Standards and Technology's (NIST)
Information Security and Privacy
Advisory Board (ISPAB). See,
notice in
the Federal Register, November 12, 2008, Vol. 73, No. 219, at Page 66844.
Location: George Washington University, Cafritz Conference Center, 800
21st St., NW.
9:30 AM. The
House Financial Services Committee (HFSC) will hold a hearing
regarding government protection of U.S. auto companies. See,
notice. Location: Room 2128, Rayburn Building.
9:30 AM - 4:45 PM. The
Federal Trade Commission (FTC) will hold a hearing titled "The
Evolving IP Marketplace". See, FTC
notice and
notice in
the Federal Register, November 21, 2008, Vol. 73, No. 226, at Pages
70645-70648. See also, story titled "FTC to Hold Hearings on IP
Law" in TLJ Daily E-Mail Alert No. 1,853, November 5, 2008.
Location: FTC, 601 New Jersey Ave., NW.
10:00 AM. The U.S.
Court of Appeals (FedCir) will hear oral argument in
Tafas v. Dudas, App. Ct. No. 2008-1352, an appeal from the
U.S. District Court (EDVa) in a case regarding
the rulemaking authority of the U.S. Patent
and Trademark Office (USPTO). The District Court wrote in its opinion that
"Because the USPTO's rulemaking authority under
35 U.S.C. § 2(b)(2) does not extend to substantive rules, and because the
Final Rules are substantive in nature, the Court finds that the Final
Rules are void as ``otherwise not in accordance with law´´ and ``in excess of
statutory jurisdiction [and] authority.´´
5 U.S.C. § 706(2)." (Brackets in original. Hyperlinks added.) Location: Courtroom 203,
717 Madison Place, NW.
Day three of a three day event hosted by the
U.S. Chamber of Commerce titled
"One Voice for Trade; International Trade Leadership Program".
The price to attend ranges from $175-$225. See,
notice. Location: U.S. Chamber, 1650 H St., NW.
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Monday,
December 8 |
The House may meet. It may take of legislation to
protect GM, Ford and Chrysler from competition and failure.
9:00 AM - 3:00 PM. The
Office of the U.S. Trade Representative's
(OUSTR) Industry Trade Advisory Committee on Small and Minority Business
(ITAC-11) will meet. The meeting will be closed to the public from
9:00 AM through 12:30 PM. It will be open from 1:00 through
3:00 PM. See,
notice in
the Federal Register, November 20, 2008, Vol. 73, No. 225, at Page 70388.
Location: Department of Commerce, 14th Street and Constitution
Ave., NW.
11:00 AM. The
Supreme Court will hear oral argument in Pacific Bell Telephone
v. Linkline Communications, Sup. Ct. No. 07-512. This is a
petition for writ of certiorari to the
U.S. Court of Appeals (9thCir)
in a case involving application of Section 2 of the Sherman Act to
telecommunications. See, September 11, 2007, divided
opinion [22 pages in PDF] of the Court of Appeals, and story titled
"Supreme Court Grants Certiorari in Pacific Bell v. Linkline"
in TLJ Daily
E-Mail Alert No. 1,786, June 25, 2008.
12:00 NOON - 1:00 PM. The
Heritage Foundation will host a
panel discussion titled "Under Attack: Today's Cyber
Threat". The speakers will be Heli Tiirmaa-Klaar (Estonian
Ministry of Defense),
John
Tkacik (Heritage), Frank Garcia (House
Intelligence Committee staff), Steve Bucci (IBM), and
Peter Brookes
(Heritage). See,
notice.
Location: Heritage, 214 Massachusetts Ave., NE.
12:15 - 1:30 PM. The
Federal Communications Bar Association's (FCBA) Homeland Security and
Emergency Communications Committee will host a brown bag lunch titled
"Meet the FCC's Homeland Security & Public Safety
Bureau". The speakers will be Derek Poarch (Chief of the FCC's
Homeland Security & Public Safety
Bureau) and others. Location: Holland
& Knight, 2099 Pennsylvania Ave., NW.
1:30 PM. The Department of
Commerce's (DOC) Bureau of Industry and
Security's (BIS) Emerging Technology and Research Advisory
Committee (ETRAC) will hold a partially closed meeting. The agenda
for the open portion of the meeting includes "Communications,
advanced computing and software" and "Nanotechnologies
and microelectronics". See,
notice in
the Federal Register, November 26, 2008, Vol. 73, No. 229, at Page 72025.
Location: DOC, Hoover Building, Room 3884, 14th St. between Pennsylvania
and Constitution Aves., NW.
Effective date of the
Copyright Office's (CO) interim regulation to clarify the scope and
application of the Section 115 compulsory license to make and distribute
phonorecords of a musical work by means of digital phonorecord deliveries
(DPDs). See,
notice in the Federal Register, November 7, 2008, Vol. 73, No. 217,
at Pages 66173-66182. See also, story titled "Copyright Office
Releases Interim Section 115 Digital Phonorecord Delivery
Regulation" in TLJ Daily E-Mail Alert No. 1,854, November 10,
2008.
Deadline to submit comments to the
U.S. Patent and Trademark Office
(USPTO) in response to its request for comments regarding its collection
of information in statutory invention registrations. See,
notice in
the Federal Register, October 7, 2008, Vol. 73, No. 195, at Pages
58572-58573.
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Tuesday,
December 9 |
8:00 AM - 4:30 PM. Day one of a two
day partially closed meeting of the National
Science Foundation's (NSF) National Science Board (NSB). At 1:00 -
2:30 PM the NSB will meet in closed session to discuss the National
Nanotechnology Infrastructure Network and DataNet. See,
notice in
the Federal Register, December 2, 2008, Vol. 73, No. 232, at Pages
73349-73350. Location: NSF, Room 1235, 4201 Wilson Blvd.,
Arlington, VA.
8:00 - 10:00 AM. The BroadbandCensus
dot com [http colon slash slash broadbandcensus dot com] will
host a breakfast event titled "How Applications and Broadband
Mapping Harness Demand for High-Speed Internet" The speakers
will be Susan Fox (Walt Disney), Neal Neuberger (Institute for e-Health
Policy), Alan Shark (Public Technology Institute), and Geoff Daily
(App-Rising.com). For more information, contact Drew Clark at drew at
broadbandcensus dot com or 202-580-8196. Breakfast begins at
8:00 AM. The program begins at 8:40 AM. The price to attend
these monthly events is $45. These events are open to the public.
Location: Old Ebbitt Grill, 675 15th
St., NW.
Day one of a three day conference of the
American Institute of Certified Public
Accountants (AICPA) on SEC and PCAOB developments. Securities and Exchange
Commission (SEC) Chairman Chris Cox will speak on December 8 at 9:00
AM. PCAOB Chairman Mark Olson will speak at 9:30 AM. Location: Marriott
Wardman Park Hotel.
Deadline to submit reply comments to the
Federal Communications Commission (FCC) in response to its Notice of
Inquiry (NOI) regarding requiring devices capable of receiving
Satellite Digital Audio Radio Service (SDARS) to include digital audio
broadcast (DAB), HD Radio, or other technologies capable of providing
audio entertainment services. This is a part of the FCC's proceeding
on the merger of XM and Sirius. See, story titled "FCC
Approves XM Sirius Merger" in
TLJ Daily
E-Mail Alert No. 1,800, July 25, 2008. The FCC adopted this NOI on
August 22, 2008, and released the
text [9 pages in PDF] on August 25, 2008. It is FCC 08-196 in MB
Docket No. 08-172. See,
notice in
the Federal Register, September 10, 2008, Vol. 73, No. 176, at Pages
52657-52660.
Deadline for Federal Communications
Commission (FCC) administrative law judge to resolve all factual disputes
and submit a recommended decision and remedy with respect to six program
carriage complaints. See, FCC Public Notice DA 08-2269, and
notice in
the Federal Register, November 3, 2008, Vol. 73, No. 213, at Pages
65312-65329. See also, story titled "FCC Releases Order On Program
Carriage Complaints" in TLJ Daily E-Mail Alert No. 1,844, October
17, 2008. This proceeding is MB Docket No. 08-214.
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Wednesday,
December 10 |
8:00 AM - 4:30 PM. Day two of a two day partially
closed meeting of the National Science
Foundation's (NSF) National Science Board (NSB). The agenda for the
8:00 - 10:30 AM open session includes "Update on the Next Generation
of STEM Innovators Workshop". See,
notice in
the Federal Register, December 2, 2008, Vol. 73, No. 232, at Pages
73349-73350. Location: NSF, Room 1235, 4201 Wilson Blvd.,
Arlington, VA.
1:30 PM. The Department of Commerce's (DOC)
Bureau of Industry and Security's
(BIS) Regulations and Procedures Technical Advisory Committee (ETRAC)
will hold a partially closed meeting. See,
notice in
the Federal Register, November 26, 2008, Vol. 73, No. 229, at Pages
72025-72026. Location: DOC, Hoover Building, Room 4830, 14th St. between
Pennsylvania and Constitution Aves., NW.
11:00 AM. The Supreme
Court will hear oral argument in AT&T v. Hulteen,
Sup. Ct. No. 07-543. This is a petition for writ of certiorari to the
U.S. Court of Appeals (9thCir)
in a case involving Title VII, calculation of retirement benefits, and
pregnancy leave. See, March 8, 2006, divided
opinion [30 pages in PDF] of the Court of Appeals.
12:00 NOON. The Cato
Institute will host an event titled "Just Give Us the Data!
Prospects for Putting Government Information to Revolutionary New
Uses". The speakers will be
Ed Felten (Princeton
University),
Gary Bass
(OMB Watch),
Jerry
Brito (Mercatus Center at George Mason University), and
Jim Harper (Cato).
See, notice.
Lunch will follow the program. This event is free and open to the public.
Cato will web cast this event. Location: Cato, 1000 Massachusetts
Ave., NW.
2:45 - 3:30 PM. The
American Enterprise Institute (AEI)
will host a panel discussion titled "Regulation and Oversight:
Advice for the New Administration". The speakers will be Cary
Coglianese (University of Pennsylvania Law School), Susan Dudley (Office
of Management and Budget), John Graham (Indiana University), Sally
Katzen (George Mason University School of Law), Richard Morgenstern
(Resources for the Future), and Robert Hahn (AEI). See,
notice. Location: AEI, 12th floor, 1150 17th
St., NW.
6:00 - 9:15 PM. The DC
Bar Association (DCBA) will host part one of a two part event titled
"2008 IP Law Year in Review Series". The speakers will
be Terence Ross
(Gibson Dunn & Crutcher),
Becky Burr (Wilmer
Hale), and
Brian
Banner (Rothwell Figg Ernst & Manbeck). The price to attend
ranges from $80 to $115. For more information, contact 202-626-3488. See,
notice. The event qualifies for continuing legal education credits.
The DCBA has a record of excluding persons from its events. Location:
DC Bar Conference Center, B-1 Level, 1250 H St., NW.
Effective date of the U.S.
Patent and Trademark Office's (USPTO) rules changes governing
practice before the Board of Patent Appeals and Interferences in ex
parte patent appeals. See,
notice in
the Federal Register, June 10, 2008, Vol. 73, No. 112, at Pages
32937-32977.
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Thursday,
December 11 |
8:30 AM - 3:00 PM. The Department of Commerce's (DOC)
National Institute of Standards and Technology's (NIST) Malcolm
Baldrige National Quality Award Board of Overseers will meet. See,
notice in
the Federal Register, November 28, 2008, Vol. 73, No. 230, at Page 72451.
Location: NIST, Administration Building, Lecture Room B,
Gaithersburg, MD.
9:00 - 10:30 AM. The
Information Technology and Innovation Foundation (ITIF) will host an
event to release and discuss a report titled "A Policymaker's
Guide to Network Management". The speakers will be Robert
Atkinson (ITIF), David Sohn (Center for
Democracy and Technology), and George Ou (ITIF). A light breakfast
will be served. Location: ITIF, Suite 200, 1250 Eye St., NW.
9:00 AM. The
American Antitrust Institute
(AAI) will host an event titled "Private Antitrust Enforcement Symposium".
For more information, contact Sarah Frey at 202-408-7442. Location: Holeman
Lounge, National Press Club,13th Floor,
529 14th St. NW.
9:30 AM. The
Park City Center for Public Policy will
hold a news conference titled "Defending Cyberspace: Recommendations for
Action". For more information, contact Jim Souby at 435-649-6980 x100 or
jsouby at parkcitycenter dot org. Location: Lisagor Room,
National Press Club,13th Floor, 529 14th
St. NW.
6:00 - 8:15 PM. The
DC Bar Association (DCBA) will host
part two of a two part event titled "2008 IP Law Year in Review
Series". The speakers will be
Bradley Wright (Banner & Witcoff) and
Eric
Wright (Morgan & Finnegan). The price to attend ranges from $80
to $115. For more information, contact 202-626-3488. See,
notice. The DCBA has a record of excluding persons from its events.
The event qualifies for continuing legal education credits. Location:
DC Bar Conference Center, B-1 Level, 1250 H St., NW.
Deadline for the Office
of the U.S. Trade Representative (OUSTR) to submit its annual report
to the Congress on the People's Republic of China's compliance with the
commitments made in connection with its accession to the
World Trade Organization (WTO). This
annual report is required by
22 U.S.C. § 6951.
Deadline to submit initial comments to the
Office of the U.S. Trade Representative (OUSTR)
regarding the operation, effectiveness, and implementation of and compliance
with trade agreements regarding telecommunications products and services,
including the World Trade Organization (WTO) General Agreement on Trade in
Services, the North American Free Trade Agreement (NAFTA), free trade
agreements (FTAs) with Australia, Bahrain, Chile, Morocco, and Singapore, the
Dominican Republic-Central America-United States FTAs. See,
notice in the
Federal Register, November 25, 2008, Vol. 73, No. 228, at Page 71707-71708.
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Friday,
December 12 |
Deadline to submit comments to the
Office of the U.S. Trade Representative (OUSTR)
regarding the People's Republic of China's (PRC) complaint to the
World Trade
Organization (WTO) regarding Department of Commerce (DOC) anti-dumping and
countervailing duty determinations and orders affecting imports from the PRC
of steel pipe, tires, and other products. See,
notice in the
Federal Register, November 13, 2008, Vol. 73, No. 220, at Pages 67214-67215.
In other WTO proceedings, the U.S., Japan, Taiwan, and other nations
have complained to the WTO about the PRC's failure to protect intellectual
property rights. See,
story
titled "US to Complain to WTO Regarding PR China's Failure to Protect IPR" in
TLJ Daily E-Mail
Alert No. 1,562, April 9, 2007, and
story
titled "US Requests WTO Dispute Settlement Panel Re PRC Failure to Protect IPR"
in TLJ Daily
E-Mail Alert No. 1,623, August 15, 2008. See also, the WTO's
web
page for DS362 and
web
page for DS363.
Deadline to submit comments to the
National Institute of Standards and
Technology's (NIST) Computer
Security Division (CSD) regarding
draft FIPS-186-3 [125 pages in PDF] titled "Digital Signature
Standard (DSS)". See also,
notice in
the Federal Register, November 12, 2008, Vol. 73, No. 219, at Pages
66842-66844.
Deadline to submit nominations to the
National Telecommunications and Information
Administration (NTIA) for members of the NTIA's Online Safety and
Technology Working Group (OSTWG) for a fifteen month term to commence in
January of 2009. See,
notice in the
Federal Register, November 21, 2008, Vol. 73, No. 226, at Pages 70624-70625.
See also, story titled "NTIA Seeks Members for Online Safety and Technology
Working Group" in TLJ Daily E-Mail Alert No. 1,863, November 25, 2008.
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