Swedish Criminal Court Convicts Pirate Bay
Operators |
4/16. A trial court in Stockholm, Sweden convicted Gottfrid Svartholm
Warg, Peter Sunde, Fredrik Neij and Carl Lundstrom of criminal violation
of Sweden's copyright law in connection with their operation of the web
site named Pirate Bay (PB).
They were also sentenced to serve one year each in prison, and ordered
to pay damages of 30 Million Kronor to injured copyright holders. The
currency converter website, CoinMill.com,
calculates that this converts to about $3.6 Million./p>
The PB web site remains on line and in operation. It states that PB
"is the worlds largest bittorrent tracker".
The PB web site contains this reaction to the court verdict. "So,
the dice courts judgement is here. It was lol to read and hear, crazy
verdict. But as in all good movies, the heroes lose in the beginning but
have an epic victory in the end anyhow. That's the only thing hollywood
ever taught us." (Errors in original.)
The PB web site also contains copies of letters from various copyright
holders demanding that PB cease distribution of, and facilitating the
distribution of, copyrighted works. The PB web site also contains its
insulting and immature responses. See for example, Apple letter and PB response,
and Dreamworks letter and
PB response.
The PB recommends that the attorneys sending cease and desist letters
"sodomize yourself".
Patrick Ross, head of the Copyright
Alliance, stated in a release that
"Jail time and a significant payment of damages are entirely
appropriate, given the sweeping harm the defendants' illegal file-sharing
operation has done to creators from numerous creative industries."
"We also recognize that this struggle -- against those who would
seek to coordinate and enable on a massive scale the theft of creators’
rights -- is ongoing. This court action will not bring to an end massive
illegal file-sharing. But it is critically important for creators to
continue to fight for their rights, and to applaud legal systems that
seek to uphold their rights", said Ross.
The Progress & Freedom Foundation's
(PFF) Tom Sydnor praised the verdict in a release,
and urged Sweden "to act swiftly to terminate the site's illegal
activities."
Sydnor also stated that "This verdict is also an affirmation of
the rights of the hard-working, law-abiding creators" and
"shows that civilized nations can and should enforce copyright
owners' exclusive right to make their works available over interactive
networks like the Internet."
He added that "American prosecutors should also note that the
Swedish court stated that this ``crime has been committed in a commercial
and organized form.´´ U.S. law provides powerful tools that can halt
organized commercial crime and dismember criminal syndicates. It is high
time to deploy those tools against distributors and operators of
piracy-adapted programs and sites."
Civil RICO Actions. TLJ spoke with Sydnor. He said that
"those tools" include civil RICO actions brought by the Department of Justice (DOJ) under the
Racketeering Influenced and Corrupt Organizations (RICO) statute, which
is codified at 18
U.S.C. § 1961-1968.
He said that there are entities that have been in business long enough
now to realize that most uses of their service are infringing, and that
their business is heavily dependent upon infringement. He said, "I
do think that it is time for the government to be involved." He did
not, however, name any entities that warrant RICO actions. He said that
the DOJ should investigate.
Sydnor explained some advantages of federal RICO actions. For example,
in a criminal copyright infringement action, the DOJ has a very high
burden of proof -- intent beyond a reasonable doubt. In contrast, the
standard in a civil RICO action would be lower -- beyond a reasonable
doubt.
The DOJ has not yet brought any civil RICO actions involving P2P
services. However, it has brought criminal infringement actions against
operators of direct connect peer to peer networks that enabled the
sharing of copyrighted movies, software, computer games, and music.
The DOJ named this 2004-2005 investigation and prosecution
"Operation Digital Gridlock". See, the DOJ's August 25, 2004, release
announcing the operation, and story titled "DOJ Executes Search
Warrants in Investigation of Criminal Infringement by P2P Users" in TLJ Daily
E-Mail Alert No. 967, August 26, 2004.
The DOJ obtained convictions of Michael Chicoine, William Trowbridge,
Nicholas Boel, and Bryan F. Tanner in 2005 for conspiracy (18
U.S.C. § 371) to commit criminal copyright infringement (17
U.S.C. § 506 and 18
U.S.C. § 2319). See, DOJ's January 18, 2005 release,
and May 31, 2005 release.
More Reaction. Dan Glickman, head of the Motion Picture Association of America
(MPAA), stated in a release
that "We welcome the court's decision today because The Pirate Bay
is a source of immense damage to the creative industries in Sweden and
internationally. This is an important decision for rights-holders,
underlining their right to have their creative works protected against
illegal exploitation and to be fairly rewarded for their endeavors. This
decision will help to support the continued investment in talent and in
new online services, and the creation of new films and television shows
for enjoyment by audiences around the world."
Michael Gallagher, head of the Entertainment
Software Association (ESA), stated in a release
that "Piracy is the single greatest threat to the development and
release of innovative and creative entertainment software that consumers
demand and enjoy. It’s a job killer in an economy that needs millions
more jobs, not less".
He added that "This decision confirms that the harm being
inflicted on creators of digital works by BitTorrent sites like The
Pirate Bay will not be tolerated, and that such actions are subject to
criminal sanctions."
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DHS Privacy Office Seeks Comments on Government
Use of Social Media |
4/17. The Department of Homeland
Security's (DHS) Privacy Office published a notice in the
Federal Register requesting public comments on issues associated with
government use of social media. Comments are due by June 1, 2009.
The DHS also announced that it will hold a two day public workshop
titled "Government 2.0: Privacy and Best Practices" in
Washington DC on June 22 and 23, 2009. This event will be held at the
Atrium Ballroom, Washington Court Hotel, 525 New Jersey Ave., NW.
The DHS seeks comments on how the government is currently using social
media, and what are the benefits and risks to the public and government
of use of social media.
It also seeks comments on operational, privacy, security, and legal
issues raised by government use of social media.
Finally, the DHS seeks comments on what should be the elements of
privacy best practices for government use of social media.
See, notice
in the Federal Register, April 17, 2009, Vol. 74, No. 73, at Pages
17876-17877.
A DHS spokesman wrote to TLJ that "we are not seeking applications
to participate" as panelists.
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Microsoft and DOJ Agree on Further Extension of
Section III.E of Final Judgment |
4/16. Microsoft, the Department of
Justice (DOJ), and state plaintiffs filed a joint status
report [19 pages in PDF] with the U.S. District Court (DC) in US
v. Microsoft, D.C. No. 98-1232, and New York v. Microsoft,
D.C. No. 98-1233. They agree to modify the Final Judgment in the
government antitrust action against Microsoft, brought back in 1998.
This joint status report states that the parties have agreed on an
extension of Section III.E of the Final Judgment, which pertains to the
Microsoft Communications Protocol Program (MCPP), to May 12, 2011. The
parties also filed a motion and
memorandum [5 pages in PDF] to accomplish this extension.
The joint status report states that "In May 2006, Plaintiffs and
Microsoft reached an agreement to extend Section III.E (and its
supporting provisions) of the original Final Judgments for two years,
until November 12, 2009. At the same time, Microsoft agreed that Plaintiffs
would have the unilateral right to request an additional extension of the
surviving provisions of the Final Judgments for up to three additional
years (that is, through November 12, 2012)." (Parentheses in
original.)
It continues that "It is clear to Plaintiffs that Microsoft has
made substantial progress in improving the technical documentation over
the last two years. While the entire project has taken longer than any of
the parties anticipated, the project is nearly complete. Microsoft should
produce the final system documents in June 2009."
However, it adds that the Technical Committee (TC) will need time to
review, and "thoroughly scrub", the technical documentation.
Hence, in this joint status report, the plaintiffs conclude, and
Microsoft concurs, that an 18 month extension of the Final Judgment,
through May 12, 2011, is appropriate and necessary.
The District Court will hold a status conference on April 22, 2009.
See also, DOJ release.
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House Intelligence
Committee Examines NSA Compliance with FISA |
4/16. Rep. Sylvestre Reyes
(D-TX), the Chairman of the House
Intelligence Committee (HIC), released a statement
regarding the recent publication of news stories in the New York Times,
Wall Street Journal, and other newspapers regarding the National Security Agency (NSA) and e-mail
and phone surveillance under the Foreign Intelligence Surveillance Act
(FISA).
He wrote that the HIC "was informed of a compliance issue
involving NSA and has been aggressively looking into the matter since
that time. To date, the Committee has held four separate oversight
sessions, and I guarantee that the Committee will continue its inquiry
and will be actively involved in monitoring this issue."
Rep. Roy Blunt (R-MO), a
member of the HIC, released a statement in
which he wrote that "Reports that the National Security Agency may
have overstepped reasonable limits established by Congress have already
received serious attention at the Intelligence Committee this
year. Americans reading today's media reports have a right to be
concerned."
He added that "It is important that Republicans and Democrats
work together to exercise vigilant oversight of these important
surveillance programs, while giving our intelligence community the room
to protect our nation. I have full confidence in our intelligence
officials but know they, as with any government agency, need the full
confidence of the American people to successfully carry out their
mission."
Neither the NSA nor the Department of Justice (DOJ), or its National Security Division (NSD) or Office of the Inspector General
(OIG), have publicly released any reports regarding this matter.
The ACLU's Jameel Jaffer stated in a release
that "These revelations are as alarming as they are
predictable".
He said that the Foreign Intelligence Surveillance Act of 1978
Amendments Act of 2008, passed by the Congress last year, "set
virtually no limits on the government's eavesdropping authority, but it
appears that the NSA has disregarded even what minimal limits
existed."
He added that "The new law should have ensured that the
government’s surveillance powers would be subject to meaningful judicial
oversight. Instead the new law allowed the NSA to operate without
the safeguards that the Constitution requires."
The 2008 Act was HR 6304 [LOC | WW]
in the 110th Congress. It is now Public Law No. 110-261.
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More
News |
4/17. The Copyright Office
(CO) and the U.S. Patent and Trademark
Office (USPTO) published a second notice
in the Federal Register announcing their notice of inquiry (NOI)
regarding facilitating access to copyrighted works for blind or
disabled people. See, Federal Register, April 17, 2009, Vol. 74, No.
73, at Page 17884. See also, original notice in the
Federal Register, March 26, 2009, Vol. 74, No. 57, at Pages 13268-13270.
The comment deadlines remain unchanged. Initial comments are due by
5:00 PM on April 21, 2009. Reply comments are due by 5:00 PM on
May 4, 2009. What is new in the second notice is the announcement that
the CO has created an interactive web page for the
purpose of enabling online comments.
4/14. The National Institute of
Standards and Technology's (NIST) Computer
Security Division (CSD) released its NIST
IR 7511 [41 pages in PDF] titled "Security Content Automation
Protocol (SCAP) Version 1.0 Validation Program Test Requirements (DRAFT)".
The NIST did not request comments on this draft.
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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 1998-2009 David Carney. All rights reserved.
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In This
Issue |
This issue contains the following items:
• Swedish Criminal Court Convicts Pirate Bay Operators
• DHS Privacy Office Seeks Comments on Government Use of Social Media
• Microsoft and DOJ Agree on Further Extension of Section III.E
of Final Judgment
• House Intelligence Committee Examines NSA Compliance with FISA
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Washington Tech
Calendar
New items are highlighted in
red. |
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Friday,
April 17 |
The House will not meet the week of April 6-10 or 13-17. It will next
meet at 2:00 PM on April 21, 2009. See, HConRes 93.
The Senate will not meet the week of April 6-10 or 13-17. It will next
meet on April 20, 2009, at 2:00 PM, at which time it may begin
consideration of S 386 [LOC | WW],
the "Fraud Enforcement and Recovery Act".
9:30 AM. The U.S. Court of
Appeals (DCCir) will hear oral argument in NCTA v. FCC,
App. Ct. No. 08-1016 and 08-1017. Judges Tatel, Garland and Silberman
will preside. This is the challenge by the NCTA and apartment owners to
the FCC's MDU order, that asserts regulatory authority over the
content of contracts negotiated by owners of multiple dwelling units
(MDUs), such as apartment buildings, and cable companies. The FCC
asserted authority under Subsection 628(b) of the Communications Act,
which is codified at 47
U.S.C. § 548(b). The order, adopted on October 31, 2007, is FCC
07-189 in MB Docket No. 07-51. See, stories titled "FCC Adopts
R&O Abrogating Contracts Between MDU Owners and Cable Companies"
and "Commentary on FCC's R&O Regarding MDU Owners and Cable
Companies" in TLJ Daily
E-Mail Alert No. 1,669, November 5, 2007. See, FCC's brief
[68 pages in PDF]. Location: Courtroom 11, 333 Constitution Ave.
9:30 AM. The U.S. Court of
Appeals (DCCir) will hear oral argument in Alvin Lou Media,
Inc. v. FCC, App. Ct. No. 08-1067. Judges Ginsburg, Rogers and
Kavanaugh will preside. See, FCC's brief
[80 pages in PDF]. Location: 333 Constitution Ave.
9:30 AM - 4:15 PM. The Federal Trade
Commission (FTC) will hold another in its series of hearings
regarding the market for intellectual property. See, agenda
[PDF]. Location: FTC, 601 New Jersey Ave., NW.
Deadline to submit initial comments to the The Federal Communications
Commission (FCC) in response to its Public
Notice [4 pages in PDF] regarding its implementation of Subsections
103(b) and 103(c)(1) of the Broadband Data Improvement Act (BDIA).
President Bush signed S 1492 [LOC | WW],
the BDIA, into law on October 10, 2008. It is now Public Law No. 110-385.
Deadline to submit initial comments to the Federal Communications
Commission (FCC) in response to its notice
of proposed rulemaking [25 pages in PDF] regarding extending until
June 30, 2010, the freeze of Part 36 category relationships and
jurisdictional cost allocation factors used in jurisdictional
separations. This freeze is set to expire on June 30, 2009. This NPRM is
FCC 09-24 in CC Docket No. 80-286. See, notice in the
Federal Register, April 3, 2009, Vol. 74, No. 63, at Pages 15236-15239.
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Monday,
April 20 |
The House will not meet.
The Senate will meet at 2:00 PM. It may begin consideration of
S 386 [LOC | WW],
the "Fraud Enforcement and Recovery Act".
POSTPONED. 12:00 NOON - 2:00
PM. The Federal Communications Bar
Association's (FCBA) Intellectual Property and Legislative Practice
Committees, and the DC Chapter of the Copyright Society of the U.S.A.
will host a brown bag lunch titled "Communications and Copyright
in the 111th Congress". The FCBA has a history of excluding
persons from its lunches. Location: NCTA, 25 Massachusetts Ave., NW.
6:00 - 9:15 PM. The DC Bar Association
will host the first part of a three part series titled "Preserving
Intellectual Property Rights in Goverment Contracts". The
speakers will include David Bloch (Winston & Strawn), Richard Gray
(Department of Defense), John Lucas (Department of Energy), and James
McEwen (Stein McEwen). The price to attend ranges from $89 to $129 per
part, or $169 to $299 for the series. See, notice.
This event qualifies for continuing legal education credits. The DC Bar
Association has a history of excluding persons from its events. For more
information, call 202-626-3488. Location: D.C. Bar Conference Center, B-1
Level, 1250 H St., NW.
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Tuesday,
April 21 |
The House will return from its two week Easter District Work Period.
8:00 AM - 3:30 PM. The Motion Picture
Association of America (MPAA) will host an event titled "American
Creativity at Work". For more information, contact 202-378-9118.
9:30 AM. The U.S. Court of
Appeals (DCCir) will hear oral argument in Verizon Washington
DC v. Communications Workers of America, App. Ct. No. 08-7092.
Judges Ginsburg, Rogers and Kavanaugh will preside. Location: 333
Constitution Ave., NW.
10:00 AM - 12:00 NOON. The Heritage
Foundation will host an event titled "The Taiwan Relations
Act's Enduring Legacy on Capitol Hill". The speakers will
include Rep. Shelley Berkley (D-NV). See, notice.
Location: Heritage, 214 Massachusetts Ave., NE.
2:00 PM. The House Judiciary Committee's (HJC)
Subcommittee on the Courts and Competition Policy and the Internet will
hold a hearing titled "A New Age for Newspapers: Diversity of
Voices, Competition and the Internet". See, notice. The
HJC will webcast this event. Location: Room 2141, Rayburn Building.
2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a
seminar conducted by Matt Osborne (DOJ) on his paper titled "Consumer
Inventory Behavior, Price Sensitivity and Its Implications for Price
Elasticities and Consumer Welfare". To request permission to
attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj
dot gov. Location: Bicentennial Building, 600 E St., NW.
2:00 - 3:30 PM. The Information
Technology and Innovation Foundation (ITIF) will host a panel
discussion titled "Copyright, Content and Class Action Lawsuits:
A Debate on the Google Book Search Settlement". Location: Room
LJ 162, Thomas Jefferson Building, Library of Congress, Independence
Ave., NW.
2:00 - 4:00 PM. The Department of State's (DOS) Advisory Committee
on International Economic Policy (ACIEP) will meet. See, notice in the
Federal Register, March 30, 2009, Vol. 74, No. 59, at Page 14181.
Location: DOS, Room 1107, 2201 C St., NW.
2:30 PM. The Senate Commerce Committee (SCC)
will hold a hearing on pending nominations, including those of Sherburne
Abbott (to be Associate Director of the Office of Science and
Technology Policy in the Executive Office of the President), Peter
Appel (Administrator of the Research and Innovative Technology
Administration at the Department of Transportation), and April Boyd
(Assistant Secretary for Legislative and Intergovernmental Affairs at the
Department of Commerce). See, notice.
Location: Room 253, Russell Building.
2:30 PM. The Senate Judiciary Committee's
(SJC) Subcommittee on Terrorism and Homeland Security will hold a hearing
titled "Protecting National Security and Civil Liberties:
Strategies for Terrorism Information Sharing". Sen. Ben Cardin (D-MD) will preside.
The witnesses will be Zoe Baird (Markle Foundation), former Sen. Slade
Gorton (R-WA), Thomas Manger (Chief of Police of Montgomery County
Maryland), and Caroline Frederickson (ACLU). The SJC will webcast this
event. See, notice.
Location: Room 226, Dirksen Building.
Deadline to submit initial comments to the Copyright Office (CO) and the U.S. Patent and Trademark Office (USPTO)
in response to their notice of inquiry (NOI) regarding facilitating
access to copyrighted works for blind or disabled people. See, notice in the
Federal Register, March 26, 2009, Vol. 74, No. 57, at Pages 13268-13270.
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Wednesday,
April 22 |
Day one of a two day convention hosted by the Consumer Electronics Association (CEA)
titled "CEA Washington Forum". Location: JW Marriott.
9:00 AM - 4:00 PM. The American
Enterprise Institute (AEI) will host an event titled "High-Skilled
Immigration in a Globalized Labor Market". See, notice.
Location: AEI, 12th floor, 1150 17th St., NW.
10:00 AM. The Senate Commerce Committee (SCC)
will hold a hearing titled "Reform of the Federal Communications
Commission". See, notice.
Location: Room 253, Russell Building.
10:00 AM. The Senate Homeland Security and Governmental
Affairs Committee (SHSGA) will hold a hearing on pending nominations,
including that of John Morton to be Assistant Secretary for
Immigration and Customs Enforcement at the Department of Homeland
Security (DHS). See, notice.
Location: Room 342, Dirksen Building.
10:30 AM. The U.S. District Court (DC) will
hold a status conference in US v. Microsoft, D.C. No. 98-1232, and
New York v. Microsoft, D.C. No. 98-1233. Judge Colleen Kotelly
will preside. Location: Courtroom 28A.
12:00 NOON - 6:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF)
Engineering Advisory Committee. See, notice in the
Federal Register, April 1, 2009, Vol. 74, No. 61, at Page 14821.
Location: NSF, 4201 Wilson Boulevard, Suite 1235, Arlington, VA.
1:00 PM. The House Small Business Committee
(HSBC) will hold a hearing titled "The Importance of Technology
in an Economic Recovery". Location: Room 2360, Rayburn Building.
6:00 - 9:15 PM. The DC Bar Association
will host the second part of a three part series titled "Preserving
Intellectual Property Rights in Goverment Contracts". The
speakers will be David Bloch (Winston & Strawn), Richard Gray
(Department of Defense), John Lucas (Department of Energy), and James
McEwen (Stein McEwen). The price to attend ranges from $89 to $129 per
part, or $169 to $299 for the series. See, notice.
This event qualifies for continuing legal education credits. The DC Bar
Association has a history of excluding persons from its events. For more
information, call 202-626-3488. Location: D.C. Bar Conference Center, B-1
Level, 1250 H St., NW.
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Thursday,
April 23 |
8:00 AM - 12:00 NOON. Day two of a two day meeting of the National Science Foundation's (NSF)
Engineering Advisory Committee. See, notice in the
Federal Register, April 1, 2009, Vol. 74, No. 61, at Page 14821.
Location: NSF, 4201 Wilson Boulevard, Suite 1235, Arlington, VA.
10:00 AM. The Senate Banking Committee (SBC) will
hold a hearing on pending nominations, including that of David Cohen
to be Assistant Secretary for Terrorist Financing at the Department of the Treasury (DOT). See, notice.
Location: Room 538, Dirksen Building.
12:00 NOON - 5:00 PM. The Center for
Democracy and Technology (CDT) will host an event titled "State
of the Mobile Net". There will be panels titled "What is
the Mobile Net? Understanding the Mobile Net Ecosystem",
"Spectrum: Is the Lifeblood of the Mobile Net Running Dry?",
"Mobile Network Infrastructure Trends", "Cloud Computing
and Emerging Business Models in the Mobile Space", "Privacy on
the Go", and "What Policy Framework Will Enable Innovation on
the Mobile Net?". See, agenda.
Location: Hyatt Regency Capitol Hill.
8:30 AM - 5:00 PM. Day one of a two day meeting of the Judicial
Conference of the United States' Advisory Committee on Rules of
Evidence. This meeting is open to the public for observation, but not
participation. See, notice in the
Federal Register, January 26, 2009, Vol. 74, No. 15, at Page 4459.
Location: Thurgood Marshall Federal Judiciary Building, One Columbus
Circle, NE.
1:00 - 3:00 PM. The House Science
Committee's (HSC) Subcommittee on Technology and Innovation will hold
a hearing titled "The Role of the SBIR and STTR Programs in
Stimulating Innovation at Small High-Tech Businesses". The
Department of Defense (DOD) administers the Small Business Innovation
Research (SBIR) program and the Small Business Technology Transfer (STTR)
program. See, DOD SBIR/STTR
web page. The witnesses will be Robert Berdahl (Association of
American Universities), Jim Greenwood (Biotechnology Industry Organization),
Sally Rocky (National Institutes of Health), and Jerry Glover (Small
Business Technology Council). The HSC will webcast this hearing.
Location: Room 2318, Rayburn Building.
2:30 PM. The Federal Trade Commission's
(FTC) Bureau of Economics will host an untitled seminar by Lanier Benkard (Stanford
University). He is an economist who has written extensively about
competition and mergers. Location: FTC, New Jersey Ave. Building, Room
4100.
6:00 - 8:00 PM. The Federal
Communications Bar Association's (FCBA) Young Lawyers and Wireline
Practice Committees will host an event titled "Happy Hour". For
more information, contact Matt Gerst at mgerst at ctia dot org. Location:
Poste Moderne Brasserie, 555 8th St., NW.
Day two of a two day convention hosted by the Consumer Electronics Association (CEA)
titled "CEA Washington Forum". Location: JW Marriott.
The Consumer Electronics Association
(CEA) will host an event titled "Digital Patriots Dinner".
Location: JW Marriott.
Deadline for the Federal Communications Commission (FCC) to respond to
letter
[PDF] from leaders of the House
Commerce Committee (HCC) requesting data about subsidies disbursed
under the FCC's universal service high cost program. See, story titled
"House Commerce Committee Seeks FCC Data on High Cost Universal
Service" in TLJ Daily E-Mail Alert No. 1,922, April 6, 2009.
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Friday,
April 24 |
8:30 AM - 5:00 PM. Day two of a two day meeting of the Judicial
Conference of the United States' Advisory Committee on Rules of
Evidence. This meeting is open to the public for observation, but not
participation. See, notice in the
Federal Register, January 26, 2009, Vol. 74, No. 15, at Page 4459.
Location: Thurgood Marshall Federal Judiciary Building, One Columbus
Circle, NE.
9:30 AM. The U.S. Court of
Appeals (DCCir) will hear oral argument in Comcast v. FCC,
App. Ct. No. 08-1114. Judges Ginsburg, Kavanaugh and Randolph will
preside. This case is a challenge to the Federal Communications
Commission's (FCC) cable horizontal and vertical ownership limits.
See, FCC's brief
[PDF]. Location: 333 Constitution Ave., NW.
10:30 AM. The Heritage Foundation will host an
event titled "American Leadership and the China Challenge in
Southeast Asia". The speakers will include Dennis Wilder
(Brookings Institution), Dan Blumenthal (American Enterprise Institute),
Renato Cruz de Castro (De La Salle University, Manila), and Walter Lohman
(Heritage). See, notice.
Location: Heritage, 214 Massachusetts Ave., NE.
12:00 NOON - 2:00 PM. The Progress &
Freedom Foundation (PFF) will host an event titled "ICANN
& Internet Governance: How Did We Get Here & Where Are We
Heading?". The speakers will include Michael Palage. Lunch
will be served. See, notice
and registration
page. Location: Room 2123, Rayburn Building, Capitol Hill.
12:15 - 1:30 PM. The Federal
Communications Bar Association's (FCBA) Wireline Practice Committee
and the DC Bar Association's Computer and Telecommunications Law Section
will host a brown bag lunch titled "Emerging Issues in Online
Behavioral Advertising". The speakers will be Peder Magee (FTC),
Genie Barton (US Telecom Association), Alison Pepper (Interactive
Advertising Bureau), Ari Schwartz (Center for Democracy and Technology),
Heidi Salow (DLA Piper), and K.C. Halm (Davis Wright Tremaine). Both the
FCBA and the DC Bar have a history of excluding people from their
lunches. Location: DLA Piper, 500 8th St., NW.
Deadline to submit applications to participate in the Department of
Commerce's (DOC) International Trade Administration's (ITA) U.S. and
Foreign Commercial Service's (USFCS) Cable Television Trade Mission to
Seoul, South Korea. See, notice in the
Federal Register, March 11, 2009, Vol. 74, No. 46, at Pages 10548-10550.
Deadline to submit reply comments to the Federal Communications
Commission (FCC) in response to its notice
of proposed rulemaking [25 pages in PDF] regarding extending until
June 30, 2010, the freeze of Part 36 category relationships and
jurisdictional cost allocation factors used in jurisdictional
separations. This freeze is set to expire on June 30, 2009. This NPRM is
FCC 09-24 in CC Docket No. 80-286. See, notice in the
Federal Register, April 3, 2009, Vol. 74, No. 63, at Pages 15236-15239.
Deadline for consumer electronics retailers to respond to one letter
[PDF], and for consumer electronics manufacturers to respond another letter
[PDF], from Rep. Henry Waxman
(D-CA) and Rep. Rick Boucher
(D-VA), requesting data and information regarding the supply of coupon
eligible converter boxes.
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