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December 9, 2008, Alert No. 1,869.
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DOJ Alleges FBI Wiretaps Caught Illinois Governor Selling Obama's Senate Seat

12/9. The Department of Justice (DOJ) announced in a release that agents of its Federal Bureau of Investigation (FBI) arrested Rod Blagojevich (Governor of the state of Illinois) and John Harris (his Chief of Staff) on "federal corruption charges", specifically, "conspiracy to commit mail and wire fraud and solicitation of bribery".

The DOJ also released a criminal complaint and attached FBI affidavit [PDF]. Count One alleges conspiracy to commit mail and wire fraud in connection with selling President elect Obama's former Senate seat, in violation of 18 U.S.C. §§ 1341,1343, 1346 and 1349.

Count Two alleges solicitation of bribery in connection with obstructing the activities of a newspaper in violation of 18 U.S.C. § 666(a)(1)(B) and 2.

Allegations. The DOJ alleged in its release "conspiring to obtain personal financial benefits for Blagojevich by leveraging his sole authority to appoint a United States Senator; threatening to withhold substantial state assistance to the Tribune Company in connection with the sale of Wrigley Field to induce the firing of Chicago Tribune editorial board members sharply critical of Blagojevich; and to obtain campaign contributions in exchange for official actions ...".

The FBI affidavit that states that Blagojevich, Harris and others "attempted to use ROD BLAGOJEVICH’s authority to appoint a United States Senator for the purpose of obtaining personal benefits for ROD BLAGOJEVICH, including, among other things, appointment as Secretary of Health & Human Services in the President-elect’s administration, and alternatively, a lucrative job which they schemed to induce a union to provide to ROD BLAGOJEVICH in exchange for appointing as senator an individual whom ROD BLAGOJEVICH and JOHN HARRIS believed to be favored by union officials and their associates".

The FBI affidavit also states that Blagojevich, Harris and others "offered to, and threatened to withhold from, the Tribune Company substantial state financial assistance in connection with Wrigley Field, which assistance ROD BLAGOJEVICH believed to be worth at least $100 million to the Tribune Company, for the private purpose of inducing the controlling shareholder of the Tribune Company to fire members of the editorial board of the Chicago Tribune, a newspaper owned by the Tribune Company, who were responsible for editorials critical of ROD BLAGOJEVICH".

This allegation, if true, does not fit typical patterns of bribery charges. The more heinous aspect of these allegations may not be the solicitation, but rather the attempt to use government financial powers to suppress freedom of speech or of the press. It is all the more significant because the defendants sought to suppress speech regarding the activities and operations of government. This was one of the founding fathers' two most cited reasons for adopting and ratifying the First Amendment.

Wiretaps. The DOJ release states that "Blagojevich was intercepted on court-authorized wiretaps during the last month conspiring to sell or trade Illinois’ U.S. Senate seat vacated by President-elect Barack Obama for financial and other personal benefits for himself and his wife".

It continues that "On October 21, the Government obtained a court order authorizing the interception of conversations in both a personal office and a conference room used by Blagojevich at the offices of Friends of Blagojevich. The FBI began intercepting conversations in those rooms on the morning of October 22. A second court order was obtained last month allowing those interceptions to continue. On October 29, a court order was signed authorizing the interception of conversations on a hardline telephone used by Blagojevich at his home. That wiretap was extended for 30 days on November 26 ..."

Gov. Blagojevich, before his election as Governor, represented a district on the north side of Chicago in the U.S. House of Representatives. Rep. Rahm Emanuel (D-IL) was elected to that seat in 2002. Rep. Emanuel will become President elect Obama's Chief of Staff. The Illinois Governor has authority to appoint a Senator to fill the seat vacated by Obama as a result of his election as President.

When Tech Law Journal published a scorecard of all Senators and Representatives on their support for technology in 1998, former Rep. Rod Blagojevich (D-IL) attained a score of zero, the lowest possible score.

Athena Alliance Advocates Government Support for Virtual Worlds and Cloud Computing

12/8. The Athena Alliance released a paper [66 pages in PDF] titled "Virtual Worlds and the Transformation of Business: Impacts on the U.S. Economy, Jobs, and Industrial Competitiveness". See also, summary.

This paper states that "Virtual Worlds, immersive and collaborative environments on the Internet, also referred to as Web 3D, are likely to transform the global business environment."

But, the Athena Alliance, and this paper, seek government involvement -- tax breaks, government research projects, and government promotion. The paper argues that the government should promote a set of concepts -- virtual worlds, ecosystems, cloud computing, online collaboration -- that are only vaguely articulated in the paper.

This paper argues that "online social networking and Web 2.0 platforms are likely to transform core business operations and interactions with suppliers, customers, and supporting services. Virtual Worlds platforms that form the core of a new corporate operations ecosystem will not only allow for horizontal and vertical interactions but will expand the essential business, partner, and management linkages that enhance productivity over the long term."

The paper also states that "The most impressive effort in Virtual Worlds is the China Recreation District (CRD). The goal of this project is to create the infrastructure that companies can use to sell products and services in Virtual Worlds."

It argues that the U.S. government could "support educational efforts" and "support experiments in training and industry-specific work with Virtual Worlds and cloud computing".

It also argues that "Government policy should focus on the fact that the U.S. will compete based on its ability to develop collaborative skills, not traditional business skills. Innovative policies should help corporations bring in social networking practices. Changes in the tax code could encourage investment in collaboration skills, networks of collaborative enterprises, and a new collaborative infrastructure. The federal government and states should also promote policies to promote faster development of cloud computing, scalable data storage, and open networks. They should also develop innovative training programs that educate businesses and employees about how to use collaborative technologies and integrate them into traditional disciplines."

It also suggests that entities such as the National Academy of Sciences could study "how collaboration enterprises and Virtual Worlds might transform the U.S. workforce as a whole".

It suggests that government agencies such as the Defense Advanced Research Projects Agency (DARPA) could "sponsor university --industry efforts to create pilot projects that use Virtual Worlds/Web 3D".

The author is Robert Cohen. He is President of C.N. Burman Company LLC, and Chairman of the Board of the Athena Alliance.

Supreme Court Denies Cert in Greenberg v. National Geographic

12/8. The Supreme Court denied certiorari in Greenberg v. National Geographic Society, a case involving 17 U.S.C. § 201(c), the Supreme Court's opinion in New York Times v. Tasini, and the rights of free lance creators who have retained the copyrights in their works.

See, Orders List [11 pages in PDF] at page 2, and Supreme Court docket.

This lets stand the June 30, 2008, the 7-5 en banc opinion [85 pages in PDF] of the U.S. Court of Appeals (11thCir). The three judge panel, and the en banc panel, reversed the judgment of the District Court. The Court of Appeals opinions were victories for the National Geographic Society (NGS) and publishers generally, and a defeat for independent photographers, artists and authors.

See also:

This case is Jerry Greenberg v. National Geographic Society, et al., Supreme Court of the U.S., Sup. Ct. No. 08-428, a petition for writ of certiorari to the U.S. Court of Appeals for the 11th Circuit, App. Ct. No. 05-16964. The Court of Appeals heard an appeal from the U.S. District Court for the Southern District of Florida, D.C. No. 97-03924-CV-AMS.

SCUS Denies Cert in Case Regarding Internet Based Personal Jurisdiction

12/8. The Supreme Court denied certiorari in Silverstein v. Experience Internet.com, a case regarding personal jurisdiction over out of state defendants in actions brought under the CAN-SPAM Act. See, Orders List [11 pages in PDF] at page 2, and Supreme Court docket.

The Supreme Court has yet to take a case regarding personal jurisdiction over distant defendants created by internet activity.

This lets stand the February 14, 2008, not for publication opinion of the U.S. Court of Appeals (9thCir).

Silverstein states that he is an internet service provider, and that Experienced Internet.com (EIC) sent spam e-mail via his servers in violation of the federal CAN-SPAM Act, which is codified at 15 U.S.C. § 7701-7713. He filed a complaint in the U.S. District Court (NDCal) against the EIC and its principals.

Silverstein lives and does business in the state of California. EIC and its principals live and do business in the state of Florida. The District Court dismissed for lack of personal jurisdiction. The Court of Appeals affirmed.

This case is William Silverstein v. Experience Internet.com, et al., Supreme Court of the U.S., Sup. Ct. No. 08-450, a petition for writ of certiorari to the U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 05-16882. The Court of Appeals heard an appeal from the U.S. District Court for the Northern District of California, D.C. No. CV-05-00160-PVT.

SCUS Denies Cert in Case About Local Taxation of Cell Phone Companies

12/8. The Supreme Court denied certiorari in Alltel v. Springfield Missouri, a case regarding local government taxation of cell phone companies. See, Orders List [11 pages in PDF] at page 3, and Supreme Court docket.

This lets stand the July 3, 2008, opinion [32 pages in PDF] of the U.S. Court of Appeals (8thCir).

The City of Springfield in the state of Missouri imposes by municipal ordinance on 6% tax on gross receipts of companies "supplying telephones, and telecommunications and telephonic service, and telecommunications services, within the city".

Alltel and other cell phone companies did not pay the tax. Springfield filed a complaint in U.S. District Court (WDMo) against them seeking to collect the tax.

The District Court ruled that Alltel and the others provide telephonic services within Springfield and are therefore subject to the tax. The Court of Appeals affirmed.

This case is Alltel Communications, LLC v. City of Springfield, Missouri, Supreme Court of the U.S., Sup. Ct. No. 08-548, a petition for writ of certiorari to the U.S. Court of Appeals for the 8th Circuit, App. Ct. Nos. 07-2884 and 07-2885. The Court of Appeals heard appeals from the U.S. District Court for the Western District of Missouri.

More Supreme Court News

12/8. The Supreme Court denied certiorari in Finisar v. Directv, a patent infringement case involving an information broadcasting system that gives subscribers access to video and audio programs through high speed satellite or cable links. See, Orders List [11 pages in PDF] at page 2, and Supreme Court docket. This lets stand the April 18, 2008, opinion [32 pages in PDF] of the U.S. Court of Appeals (FedCir). This case is Finisar Corp. v. Directv Group, Inc., et al., Supreme Court of the U.S., Sup. Ct. No. 08-445, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. Nos. 2007-1023 and 2007-1024. The Court of Appeals heard appeals from the U.S. District Court for the Eastern District of Texas, D.C. No. 1:05-CV-00264.

12/8. The Supreme Court denied certiorari in Aristocrat Technologies v. International Game Technology, a patent infringement case regarding electronic slot machine technology. See, Orders List [11 pages in PDF] at page 2, and Supreme Court docket. This lets stand the March 28, 2008, opinion [18 pages in PDF] of the U.S. Court of Appeals (FedCir). This case is Aristocrat Technologies Australia Pty Ltd., et al. v. International Game Technology, et al., Sup. Ct. No. 08-446, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2007-1419. The Court of Appeals heard an appeal from the U.S. District Court for the District of Nevada, D.C. No. 05-CV-820.

People and Appointments

12/8. The Securities and Exchange Commission (FCC) filed a civil complaint [PDF] in U.S. District Court (SDNY) against Marc S. Dreier, managing partner of the law firm of Dreier LLP, alleging securities fraud in connection his "marketing fake promisory notes to hedge funds and other private investment funds". The firm had a large intellectual property practice. See also, SEC release.

More News

12/9. The AeA (which was once an acronym for American Electronics Association) and the Information Technology Association of America (ITAA) announced that they have merged, and that the new entity is named the Technology Association of America (TAA).

12/8. President elect Obama's news office issued a release that refers to an agenda item regarding wireless broadband in the AWS-3 band for the Federal Communications Commission's (FCC) meeting scheduled for December 18, 2008. Obama's release states that this is "a plan that could lay the groundwork for expanded wireless broadband access". This is the 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.

12/8. The National Telecommunications and Information Administration (NTIA) issued another release regarding its TV Converter Box Coupon Program. Federal Communications Commission (FCC) Commissioner Deborah Tate gave a speech [4 pages in PDF] regarding the DTV transition.

12/5. Federal Communications Commission (FCC) Commissioner Deborah Tate gave a speech [19 pages in PDF] in which she reviewed recent actions of the FCC, some ongoing FCC activities related to broadband, and private sector broadband deployment. She also discussed video franchising, protecting children on the internet, the DTV transition, the recent 700 MHz auction, universal service taxes and subsidies, and the TV white space item adopted in November.

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In This Issue

This issue contains the following items:
 • DOJ Alleges FBI Wiretaps Caught Illinois Governor Selling Obama's Senate Seat
 • Athena Alliance Advocates Government Support for Virtual Worlds and Cloud Computing
 • Supreme Court Denies Cert in Greenberg v. National Geographic
 • SCUS Denies Cert in Case Regarding Internet Based Personal Jurisdiction
 • SCUS Denies Cert in Case About Local Taxation of Cell Phone Companies

Washington Tech Calendar
New items are highlighted in red.
Tuesday, December 9

The House will meet at 11:00 AM. See, Rep. Hoyer's schedule for week of December 8. The House is scheduled to recite the Pledge of Allegiance, and then recess. See, Rep. Hoyer's schedule for December 9.

The Senate will meet at 10:30 AM. It will resume consideration of S 3297, the "Advancing America's Priorities Act".

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.

11:00 AM. The Athena Alliance will host a news teleconference to announce and discuss a paper [66 pages in PDF] titled "Virtual Worlds and the Transformation of Business: Impacts on the U.S. Economy, Jobs, and Industrial Competitiveness". See also, summary. The speaker will be Robert Cohen, the author. For more information, contact Mary McCuem mccuem at aol dot com or 202-543-3152. The dial-in number is 888-617-3400. The passcode is 279849#.

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.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host a brown bag lunch titled "Views from the Fourth Estate". The speakers will be Ted Hearn (Multichannel News), Amy Schatz (Wall Street Journal), Todd Shields (Bloomberg), Josh Wein (Communications Daily), Jeffrey Yorke (Radio & Records Magazine), and Dennis Wharton (National Association of Broadcasters). Location: NAB, 1771 N St., NW.

1:00 - 2:15 PM. The Broadcasting Board of Governors will meet in closed session. See, notice in the Federal Register, December 5, 2008, Vol. 73, No. 235, at Page 74138. Location: Cohen Building, Room 3321, 330 Independence Ave., SW.

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.

Wednesday, December 10

The House may meet at 10:00 AM. See, Rep. Hoyer's schedule for week of December 8.

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.

10:00 AM. The House Financial Services Committee (HFSC) will hold a hearing titled "Oversight Concerns Regarding Treasury Department Conduct of the Troubled Assets Relief Program". Location: 2128 Rayburn Building.

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.

6:30 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Diversity and Young Lawyers Committees will host an event titled "Holiday Happy Hour". RSVP to Edgar Class, eclass at wileyrein dot com. Location: Spezie Restaurant, 1736 L 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.

Thursday, December 11

The House may meet at 10:00 AM. See, Rep. Hoyer's schedule for week of December 8.

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.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host a brown bag lunch titled "The Harmful Interference Standard". The speakers will be Michael Marcus (Marcus Spectrum Solutions), Mitchell Lazarus (Fletcher Heald & Hildreth), Rick Engelman (Sprint Nextel), and Dean Brenner (Qualcomm). RSVP to Tami Smith at tsmith07 at sidley dot com or 202-736-8257. Location: Sidley Austin, 1501 K 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.

Friday, December 12

The House may meet at 9:00 AM. See, Rep. Hoyer's schedule for week of December 8.

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.

Monday, December 15

9:00 AM - 1:00 PM. The U.S. Patent and Trademark Office's (USPTO) National Medal of Technology and Innovation Nomination Evaluation Committee will hold a closed meeting. See, notice in the Federal Register, November 28, 2008, Vol. 73, No. 230, at Page 72453. Location: USPTO, 600 Dulany St., Alexandria, VA.

Deadline to submit comments to the National Science Foundation's (NSF) National Coordination Office for Networking Information Technology Research and Development in response to its Request for Information (RFI) regarding "promising game-changing ideas with the potential to reduce vulnerabilities to cyber exploitations by altering the cybersecurity landscape". See, notice in the Federal Register, October 14, 2008, Vol. 73, No. 199, at Pages 60724-60726.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) regarding management and oversight of the Universal Service Fund (USF). The FCC adopted this NOI on August 15, 2008 and released the text [17 pages in PDF] on September 12, 2008. It is FCC 08-189 in WC Docket No. 05-195. See, notice in the Federal Register, October 14, 2008, Vol. 73, No. 199, at Pages 60689-60695.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the Notice of Proposed Rulemaking (NPRM) portion of its Memorandum Opinion and Order (MO&O) and NPRM regarding collecting and reporting of carrier service quality, customer satisfaction, and infrastructure and operating data. The FCC adopted and released this MO&O and NPRM [57 pages in PDF] on September 6, 2008. It is FCC 08-203 in WC Docket No. 08-190. See, notice in the Federal Register, October 15, 2008, Vol. 73, No. 200, at Pages 60997-61006. See also, story titled "FCC Grants Carriers Forbearance From ARMIS Reporting Rules" in TLJ Daily E-Mail Alert No. 1,822, September 8, 2008.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the National Telecommunications and Information Administration's (NTIA) petition for rulemaking [16 pages in PDF] requesting amendments to Part 87 of the FCC's Rules to allow use of the frequency 1090 MHz for runway vehicle identification and collision avoidance. See, Public Notice [3 pages in PDF]. This item is DA 08-2502 in RM 11503.

Tuesday, December 16

10:00 AM - 5:00 PM. The National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure will meet. See, notice in the Federal Register, November 13, 2008, Vol. 73, No. 220, at Page 67212. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

12:00 - 1:30 PM. The DC Bar Association (DCBA) will host a panel discussion titled "CFIUS and FINSA: Comparisons With Other Countries' Investment Review Mechanisms". The speakers will be Johann Leaman (Department of Treasury), Michael Snarr (Baker Hostetler), Stephen Canner (U.S. Council for International Business), Matthew Edwards ( Department of Commerce). The price to attend ranges from $10 to $30. For more information, contact 202-626-3463. See, notice. The DCBA has a record of excluding persons from its events. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

12:30 - 2:00 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Practice Committee will host a brown bag lunch titled "Results of the 2008 Internet Governance Forum (IGF) in India and End of the Presidential Administration Telecoms Issues". The speaker will be David Gross (Department of State). For more information, contact Susan O'Connell at susan dot o'connell at fcc dot gov or Troy Tanner at troy dot tanner at bingham dot com. RSVP by December 12 to Jennifer Ullman at Jennifer dot ullman at verizon dot com. Location: Verizon, 5th floor, Suite 400 West, 1300 I St., NW.

Deadline to submit to the Federal Communications Commission (FCC) oppositions to the petition for reconsideration [PDF] filed on November 17, 2008, by the National Association of Broadcasters (NAB) and the Association for Maximum Service Television in the FCC's proceeding titled "In the Matter of Carriage of Digital Television Broadcast Signals: Amendment to Part 76 of the Commission's Rules" and numbered CS Docket No. 98-120. See, notice in the Federal Register, December 2, 2008, Vol. 73, No. 232, at Page 73327.