5/29. The Department of Justice's (DOJ) Office of the Solicitor General (OSG) filed an amicus curiae brief with the Supreme Court in Cable News Network v. CSC Holdings, urging the Supreme Court not to grant certiorari.

This is the copyright infringement case involving Remote Storage Digital Video Recorder (RS-DVR) systems. This case has also been referred to as Cartoon Network v. CSC Holdings.

The Supreme Court rarely grants certiorari in cases after requesting an OSG brief, and then receiving a recommendation to deny certiorari. However, denial of certiorari is not an affirmance of the Court of Appeals. Moreover, the Supreme Court could grant certiorari in a similar case in the future.

Also, the OSG offered narrow and technical reasons for denying certiorari -- lack of conflict among the circuits, and the parties' stipulation that removed the issues of contributory infringement and fair use from the case. There is also the matter that the Associate Attorney General, Thomas Perrelli, worked for the law firm that represents the petitioners.

Nevertheless, supporters of the Court of Appeals opinion praised the OSG brief, and overstated its significance.

The U.S. Court of Appeals (2ndCir) held that Cablevision Systems Corporation's (CSC) Remote Storage Digital Video Recorder (RS-DVR) system does not violate the Copyright Act by infringing plaintiffs' exclusive rights of reproduction and public performance.

Video cassette recorders (VCRs), which are connected to the consumer's television and store programs on cassettes, and digital video recorders (DVRs), which store programs on consumers' drives, both use consumers' equipment. In contrast, Cablevision's RS-DVR stores programs on drives housed and maintained by Cablevision.

See, August 4, 2008, opinion [44 pages in PDF] of the Court of Appeals, and story titled "2nd Circuit Reverses in Remote Storage DVR Copyright Case" in TLJ Daily E-Mail Alert No. 1,806, August 5, 2008. This opinion is also reported at 536 F.3d 121.

CNN and others filed their petition for writ of certiorari on October 6, 2008.

Several amicus briefs have been filed. See, story titled "Copyright Alliance and Others File Amicus Briefs in Remote Storage DVR Case" in TLJ Daily E-Mail Alert No. 1,854, November 10, 2008.

On January 12, 2009, the SCUS invited the OSG to file an amicus brief.

Elena Kagan (at left) is the recently appointed Solicitor General. She was previously a professor at Harvard law school. Before that, she worked in the Clinton administration.

The OSG brief states that "Network-based technologies for copying and replaying television programming raise potentially significant questions, but this case does not provide a suitable occasion for this Court to address them. The Second Circuit is the first appellate court to consider the copyright implications of network-based analogues to VCRs and set-top DVRs, and its decision does not conflict with any decision of this Court or another court of appeals."

The OSG brief continues that "The parties' stipulations, moreover, have removed two critical issues -- contributory infringement and fair use -- from this case. That artificial truncation of the possible grounds for decision would make this case an unsuitable vehicle for clarifying the proper application of copyright principles to technologies like the one at issue here."

It adds that "From the consumer's perspective, respondents' RS-DVR service would offer essentially the same functionality as a VCR or a set-top DVR. And although scattered language in the Second Circuit's decision could be read to endorse overly broad, and incorrect, propositions about the Copyright Act, the court of appeals was careful to tie its actual holdings to the facts of this case."

"The petition for a writ of certiorari therefore should be denied", it concluded.

There is another reason for the DOJ not to advocate the granting of certiorari, and not to file a merits brief. Thomas Perrelli is the Associate Attorney General. Until recently, he was the Managing Partner of the Washington DC office of the law firm of Jenner & Block, and Co-Chair of its Entertainment and New Media Practice. Jenner & Block represents CNN in this case.

While Perrilli's recusal satisfied legal ethical requirements, continuing DOJ involvement in so public a case would have appeared to be improper to many people.

Gary Shapiro, head of the Consumer Electronics Association (CEA), stated in a release that "We applaud the Obama Administration taking this early and strong position on the side of innovation and new technology and the ability of consumers to access the digital counterparts to their analog technologies. For over 20 years the right to non-commercial recording of television programs has been protected by the Supreme Court's Betamax case. Home recording is now a near-universal consumer practice, and it has greatly benefitted -- not harmed -- the content industry. We urge the content industry to embrace rather than seek to hamstring digital technologies."

Shapiro added that this "is the first time in recent memory a president has favored innovation over the content industry before the Supreme Court".

The Betamax opinion to which Shapiro referred is Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984). The Supreme Court wrote in that opinion that the "sale of video cassette recorders (``VCR´´s) did not subject Sony to contributory copyright liability, even though Sony knew as a general matter that the machines could be used, and were being used, to infringe the plaintiffs' copyrighted works. Because video tape recorders were capable of both infringing and ``substantial noninfringing uses,´´ generic or ``constructive´´ knowledge of infringing activity was insufficient to warrant liability based on the mere retail of Sony’s products."

But see, the Supreme Court's more recent opinion [55 pages in PDF] in MGM v. Grokster, 545 U.S. 913 (2005), the peer to peer music case.

In that case the Supreme Court held that "one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties."

Gigi Sohn, head of the Public Knowledge, an interest group that advocates less intellectual property rights and enforcement, stated in a release that the OSG "made the correct call".

This case is Cable News Network, et al. v. CSC Holdings, Inc., et al., Supreme Court, Sup. Ct. No. 08-448, a petition for writ of certiorari to the U.S. Court of Appeals for the 2nd Circuit, App. Ct. Nos. 07-1480-cv(L) and 07-1511-cv(CON). The Court of Appeals heard appeals from the U.S. District Court for the Southern District of New York, Judge Denny Chin presiding. Judge John Walker wrote the opinion of the Court of Appeals, in which Judges Sack and Livingston joined. See, Supreme Court docket.

5/29. President Obama gave a speech regarding cyber security. Also, the Executive Office of the President (EOP) released document [76 pages in PDF] titled "Cyber Policy Review: Assuring a Trusted and Resilient Information and Communications Infrastructure".

Members of the Bush administration spoke and wrote about cyber security in similar terms. Perhaps the biggest change is that now it is the President, at the outset of his administration, giving the speech.

Obama said that "this cyber threat is one of the most serious economic and national security challenges we face as a nation", and "we're not as prepared as we should be".

He promised that "My administration will not dictate security standards for private companies". Rather, "we will strengthen the public/private partnerships".

He announced that "I'm creating a new office here at the White House that will be led by the Cybersecurity Coordinator."

He also asserted, "Our pursuit of cybersecurity will not -- I repeat, will not include -- monitoring private sector networks or Internet traffic".

He also said that "I remain firmly committed to net neutrality so we can keep the Internet as it should be -- open and free".

President Obama discussed a cyber intrusion during the Presidential campaign. He said that "during the general election hackers managed to penetrate our computer systems".

He continued that "between August and October, hackers gained access to emails and a range of campaign files, from policy position papers to travel plans. And we worked closely with the CIA -- with the FBI and the Secret Service and hired security consultants to restore the security of our systems." 

He also noted that cyber threats come from "organized crime, the industrial spy and, increasingly, foreign intelligence services". He added that "cyber intruders have probed our electrical grid and that in other countries cyber attacks have plunged entire cities into darkness". Moreover, "our defense and military networks are under constant attack".

He stated that "As Russian tanks rolled into Georgia, cyber attacks crippled Georgian government websites."

He also said that "The terrorists that sowed so much death and destruction in Mumbai relied not only on guns and grenades but also on GPS and phones using voice-over-the-Internet."

But, the Mumbai terrorists did not attack or disrupt the GPS or communications networks. They merely used them. The President did not explain the connection between cyber threats and use of communications networks and devices. Also, the report accompanying the President's speech addresses intercept capabilities under the Communications Assistance for Law Enforcement Act (CALEA).

The President also addressed coordination. "No single official oversees cybersecurity policy across the federal government, and no single agency has the responsibility or authority to match the scope and scale of the challenge. Indeed, when it comes to cybersecurity, federal agencies have overlapping missions and don't coordinate and communicate nearly as well as they should -- with each other or with the private sector."

Therefore, he said, "I'm creating a new office here at the White House that will be led by the Cybersecurity Coordinator." He said that the responsibilities of this office will include "orchestrating and integrating all cybersecurity policies for the government; working closely with the Office of Management and Budget to ensure agency budgets reflect those priorities; and, in the event of major cyber incident or attack, coordinating our response."

He also said that "To ensure that policies keep faith with our fundamental values, this office will also include an official with a portfolio specifically dedicated to safeguarding the privacy and civil liberties of the American people."

5/29. Sen. Jay Rockefeller (D-WV) and Sen. Olympia Snowe (R-ME) issued a joint release in which they stated that "We applaud President Obama for highlighting the extraordinarily serious issue of cybersecurity. No other President in American history has elevated this issue to that level and we thank him for his leadership."

The two Senators introduced S 773 [LOC | WW], the "Cybersecurity Act of 2009" on April 1, 2009. This is a huge bill that addresses numerous issues. The two also introduced on April 1 S 778 [LOC | WW], an untitled bill that would merely create within the Executive Office of the President (EOP) the Office of the National Cybersecurity Advisor, to be appointed by the President, by and with the advice and consent of the Senate, and to be directly responsible to the President.

They stated that "we agree with the establishment of a cybersecurity policy official who will lead the interagency process throughout our government, and direct the coordination between the public and private sector".

The two also urged the President "to follow through on his groundbreaking leadership on this issue by giving this ``cyber czar´´ the heft and authority the position requires -- this advisor should report directly to the President on all cyber matters".

Ed Black, head of the Computer and Communications Industry Association (CCIA), stated in a release that "Better cyber security is certainly needed so people trust their information and sensitive data is secure. But if government agencies' security efforts overreach, the damage from privacy and civil rights violations can be just as damaging to the faith and trust in the sanctity of our communications networks as the malicious actions of terrorists and criminals. It sounded like President Obama was aware of this balance when he announced plans to boost cyber security measures, but said they would not involve monitoring private sector networks or Internet traffic."

The TechAmerica hosted a news briefing on May 29, after the President's speech, at which many of its tech sector members spoke. Representatives of IBM, Symantec, Lockheed Martin, RSA, PGP, and other companies all praised the President's speech.

Phil Bond, head of the TechAmerica, said that this will result in the "greatest public private partnership of the 21st Century".

Robert Holleyman, head of the Business Software Alliance (BSA), stated in a release that "The software and computer hardware industries strongly endorse the President’s view that cyber security must be treated as a top national priority ... The White House strategy is largely consistent with BSA's recommendations, especially the emphasis on White House leadership and international partnerships between government and industry."

Holleyman added that "As this strategy is implemented, it must reflect three fundamental principles: technological innovation without constraints; economic growth; and international partnerships. Without all three, America's cyber security will suffer".

Walter McCormick, head of the US Telecom, praised the President in a release. He stated that "we are extremely pleased with the creation of our country's first national cybersecurity coordinator. We certainly agree that effective solutions will require constructive public-private engagement and look forward to working with whoever is appointed."

McCormick noted that "More than 90% of the nation's broadband and communications networks are maintained by our country’s nearly 1,400 facilities-based broadband providers", and stated that " the public and private sectors need to work closely and effectively together to keep our nation secure."

5/29. President Obama gave a speech about cyber security. The Executive Office of the President (EOP) released a report [76 pages in PDF] titled "Cyber Policy Review: Assuring a Trusted and Resilient Information and Communications Infrastructure".

This report also includes as Appendix C an item titled "Growth of Modern Communications Technology in the United States and Development of Supporting Legal and Regulatory Frameworks".

It is a 12 page treatment of the history of communications and information technologies beginning with the invention of the telegraph, and including landmark developments in the legal regimes affecting these technologies in the US. At only 12 pages, it is cursory. It names most major Congressional statutes, and many Presidential orders. It omits landmark Supreme Court rulings, and barely touches on activities of the Federal Communications Commission (FCC).

This 12 page appendix glosses over the 2001 PATRIOT Act and the 2005 reauthorization act with a single phrase -- "provided a range of tools to support law enforcement capabilities to combat terrorism, including enhancing law enforcement’s surveillance capabilities".

It covers the 1978 Foreign Intelligence Surveillance Act (FISA), but not recent amending statutes. Nor does it mention the legislative grant of immunity from lawsuits involving warrantless wiretaps.

The appendix goes into more detail on the Communications Assistance for Law Enforcement Act (CALEA). This is notable for two reasons. CALEA is not a cyber security issue. The report does not explain the relevance of CALEA to cyber security. An intercept can be used to surveil a suspected cyber criminal. But, the vast majority of intercepts relate to other crimes and activities. Second, the appendix contains factually incorrect statements about the CALEA.

The Appendix states that "Congress has also over time enacted various laws intended to protect the public from abuses of these communications platforms and to facilitate their use in support of criminal investigations and other law enforcement purposes. The Communications Assistance for Law Enforcement Act (CALEA), enacted in 1994, amended both the Wiretap Act and ECPA."

The Wiretap Act, and the Electronic Communications Privacy Act (ECPA), both provide criminal penalties, and private rights of action, for certain illegal wiretaps and other conduct. They were in fact "intended to protect the public from abuses of these communications platforms".

The CALEA is an act, enacted by the Congress in 1994, that requires telecommunications carriers "shall ensure that its equipment, facilities, or services that provide a customer or subscriber with the ability to originate, terminate, or direct communications are capable of expeditiously isolating and enabling the government ... intercept, to the exclusion of any other communications, all wire and electronic communications carried by the carrier ..."

The CALEA provides that telecommunications carriers must design their equipment and networks to facilitate wiretaps and other intercepts. Statutes other than the CALEA address what intercepts are lawful.

In 1994, wireline carriers were providing intercept capabilities sought by law enforcement agencies (LEAs), such as the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and state and local police. Cell phone communications were another matter. There are no wires running out of cell phones to tap. The CALEA was enacted to require that cell phone service providers also make their networks subject to intercepts.

The CALEA was a limited expansion. It applies only to a "telecommunications carrier". And, it exempts "information services".

The just released appendix asserts that the "CALEA was intended to preserve law enforcement's ability to conduct lawful electronic surveillance over emerging digital networks while preserving public safety ..."

The CALEA does not in fact apply to "emerging digital networks". The phrase "emerging digital networks" is not in the statute. The statute restricts its scope to "telecommunications carrier".

The Congress has not expanded the reach of the CALEA since its original enactment in 1994. The law enforcement and intelligence communities, and their allies, lack the votes.

Instead, they have turned to the FCC. The FCC, by rulemaking, has ordered that the CALEA's requirement also apply to broadband internet access services (BIAS) and managed voice over internet protocol (VOIP).

The FCC wrote that "CALEA was intended to preserve the ability of law enforcement agencies to conduct electronic surveillance by requiring that telecommunications carriers ..." But, it asserted that BIAS and VOIP service providers are telecommunications carriers. See, FCC order [59 pages in PDF] adopted on August 5, 2005, and released on September 23, 2005. It is FCC 05-153 in ET Docket No. 04-295.

Moreover, BIAS and VOIP are not in the CALEA, and even the FCC's rules provide no ongoing obligation of all "emerging digital networks" to provide intercept capability.

For TLJ coverage of the FCC's CALEA rulemaking activities, see for example:

• story titled "Summary of DOJ Petition for Rulemaking to Expand the CALEA to Cover Information Services" in TLJ Daily E-Mail Alert No. 873, April 9, 2004;.
• story titled "FCC Adopts NPRM and Declaratory Ruling Regarding CALEA Obligations" and story titled "FCC Legislatively Expands Scope of CALEA Obligations" in TLJ Daily E-Mail Alert No. 953, August 5, 2004;
• story titled "Powell Discusses Brand X Case" in TLJ Daily E-Mail Alert No. 954, August 6, 2004;
• seven stories in TLJ Daily E-Mail Alert 960, August 17, 2004;
• story titled "Rep. Pickering Suggests Relationship Between the DOJ's Brand X Cert Petition and the FCC's CALEA NPRM" in TLJ Daily E-Mail Alert No. 974, September 10, 2004;
• story titled "FCC Amends CALEA Statute" in TLJ Daily E-Mail Alert No. 1,191, August 9, 2005;
• story titled "FCC Further Amends CALEA Statute" in TLJ Daily E-Mail Alert No. 1,365, May 8, 2006;
• story titled "Cerf and Others Warn that FCC's CALEA Order Threatens Internet Security and Innovation" in TLJ Daily E-Mail Alert No. 1,392, June 15, 2006.

Also, on May 15, 2007, the DOJ filed another petition for rulemaking with the FCC asking that the FCC mandate further intercept capabilities, including "(1) packet activity reporting; (2) timing information (time stamping); (3) all reasonably available handset location information at the beginning and the end of a communication". (Parentheses in original.)

The DOJ asserted in this petition that the CALEA covers "ongoing and future technological changes". (None of the words "ongoing", "future", "technological", or "changes" appear in the statute.)

In sum, the CALEA statute provides that its intercept capability requirements only apply to a "telecommunications carrier". The DOJ argues for a vastly broader application not found in the statute. The FCC by rulemaking has concurred with some, but not all, of the DOJ's requests. And, the assertion in the appendix that the CALEA applies to "emerging digital networks" cannot be squared with the plain language of the CALEA.

Perhaps the just released report and appendix reflect the wishful and expansive thinking of the DOJ. Perhaps it is an effort to legislate by EOP report. Perhaps it reflects the real politics of government surveillance: service providers, whether or not covered by the language of the CALEA, who do not provide CALEA like intercept capacity and cooperation risk other legal or regulatory action.

There is another notable statement in this appendix. The various statutes covered in this Appendix C address not only cyber security, but also such diverse and unrelated topics as competition regulation, regulation of broadcast content, spectrum allocation, and intercepts. Yet, this appendix argues that this "will require a leadership and coordination framework that can stitch this patchwork together into an integrated whole".

CALEA intercept capabilities further the efforts of law enforcement to catch and prosecute a wide array of offenses, including drug dealing, criminal pornography, and the whole list crimes enumerated as predicate offenses for the issuance of a wiretap order. Cyber crime makes up only one small part of this universe of crimes.

A stronger case could be made for integrating the DEA and CALEA frameworks, since intercepts play a major role in the war on drugs.

The report does not offer any explanation as to why an integrated whole is required, what it might accomplish, or how the government would actually integrate these disparate regulatory regimes.

The House will return from it Memorial Day recess. It will meet at 2:00 PM for legislative business. It will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for week of June 1, and schedule for June 2.

The Senate will meet at 10:00 AM. It will consider the nomination of Regina McCarthy to be an Assistant Administrator of the Environmental Protection Agency (EPA).

Day two of a four day conference titled "Computers, Freedom, and Privacy 2009". See, conference web site. Location: Marvin Center, George Washington University.

8:30 AM - 2:00 PM. The U.S. China Business Council will hold its 36th Annual Membership Meeting. See, conference web site. The speakers will include U.S. Trade Representative Ron Kirk. See, OUSTR release. Location: Capitol Hilton, 1001 16th St., NW.

8:00 AM - 5:00 PM. Day one of a two day closed meeting of the Defense Intelligence Agency's National Defense Intelligence College Board of Visitors. See, notice in the Federal Register, May 8, 2009, Vol. 74, No. 88, at Page 21666.

9:30 AM. The Senate Homeland Security and Government Affairs (SHSGAC) will hold a hearing on the nomination of Rand Beers to be the Department of Homeland Security's (DHS) Under Secretary for National Protection and Programs. The SHSGAC will webcast this event. See, notice. Location: Room 342, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Lucent Technologies, et al. v. Gateway, Dell, Microsoft, et al, App. Ct. No. 2008-1485, an appeal from the U.S. District Court (SDCal) regarding patent damages. Location: Courtroom 402.

10:00 AM - 5:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure. See, notice in the Federal Register, May 5, 2009, Vol. 74, No. 85, at Page 20741. Location: NSF, 4201 Wilson Blvd., Room 1235, Arlington, VA.

5:00 PM. The House Appropriations Committee's (HAC) Select Intelligence Oversight Panel will hold a closed hearing on appropriations for the Central Intelligence Agency (CIA). Location: Room H-140, Capitol Building.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) "Internet Service Providers: International and Domestic U.S. IP Rules of the Road". The first panel will be titled "Update on United States Issues: Digital Millennium Copyright Act (DMCA), Three Strikes (Graduated Response), and Filtering". The speakers may be Jim Burger (Dow Lohnes), Sarah Deutsch (Verizon), Steve Marks (Record Industry Association of America), and Jeff Lawrence (Intel). The second panel will be titled "Survey of International Issues for ISPs". The speakers may be Christoper Boam (Verizon), Jane Mago (National Association of Broadcasters), and Jim Bouras. For more information, contact Jim Burger at jburger at dowlohnes dot com or Jennifer Ullman Jennifer dot ullman at verizon dot com. The price to attend ranges from $25 to $150. See, notice. Location: Dow Lohnes, 5th floor, 1200 New Hampshire Ave., NW.

The House will meet at 10:00 AM for legislative business. The agenda for the week includes numerous non-technology related items. See, Rep. Hoyer's schedule for week of June 1.

8:00 AM - 12:00 NOON. Day two of a two day closed meeting of the Defense Intelligence Agency's National Defense Intelligence College Board of Visitors. See, notice in the Federal Register, May 8, 2009, Vol. 74, No. 88, at Page 21666.

8:30 AM - 1:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure. See, notice in the Federal Register, May 5, 2009, Vol. 74, No. 85, at Page 20741. Location: NSF, 4201 Wilson Blvd., Room 1235, Arlington, VA.

9:30 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts and Competition Policy will hold a hearing titled "Pay to Delay: Are Patent Settlements That Delay Generic Drug Market Entry Anticompetitive?". See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

9:30 AM. The Federal Communications Commission (FCC) may hold an event titled "Open Meeting". Location: FCC, Room TW-C305, 445 12th St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on S 424 [LOC | WW] and HR 1024 [LOC | WW], the "The Uniting American Families Act: Addressing Inequality in Federal Immigration Law". The House Judiciary Committee (HJC) has yet to hold a hearing on this bill. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Federal Communications Commission (FCC) may hold an event titled "Open Meeting". Location: FCC, Commission Meeting Room.

2:00 - 3:00 PM. The Heritage Foundation will host a panel discussion titled "Unfair Government Competition: A Threat to the U.S. Economy". The speakers will include Sen. John Thune (R-SD) and Rep. John Duncan (R-TN). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

Day three of a four day conference titled "Computers, Freedom, and Privacy 2009". See, conference web site. Location: Marvin Center, George Washington University.

The House will meet at 10:00 AM for legislative business. The agenda for the week includes numerous non-technology related items. See, Rep. Hoyer's schedule for week of June 1.

9:30 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Commerce, Justice and Science will hold a hearing on appropriations for the Federal Bureau of Investigation (FBI). The witness will be FBI Director Robert Mueller. Location: Room 192, Dirksen Building. The Subcommittee will then meeting in closed session in Room SVC-217.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda yet again includes consideration of S 417 [LOC | WW], the "States Secret Protection Act", and HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009". See, stories titled "Senate Judiciary Committee to Consider State Secrets Bill" and "9th Circuit Rules in State Secrets Case" in TLJ Daily E-Mail Alert No. 1,933, April 29, 2009. The agenda also again includes consideration of the nominations of David Hamilton to be a Judge of the U.S. Court of Appeals (6thCir), Andre Davis to be a Judge of the U.S. Court of Appeals (4thCir), and Thomas Perez to be Assistant Attorney General in charge of the Civil Rights Division. The SJC rarely follows its published agendas. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommitte on Oversight and Investigations will hold a hearing titled "Commercial Sales Of Military Technologies". Location: Room 2322, Rayburn Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommitte on Communications, Technology and the Internet will hold an oversight hearing on the Internet Corporation for Assigned Names and Numbers (ICANN). Location: Room 2123, Rayburn Building.

10:00 AM. The House Small Business Committee will hold a hearing titled "Legislative Initiatives to Strengthen and Modernize the SBIR and STTR Programs". SBIR is the Small Business Innovation Research program. STTR is the Small Business Technology Transfer program. Location: Room 2360, Rayburn Building.

10:00 AM - 1:00 PM. The National Telecommunications and Information Administration's (NTIA) Online Safety and Technology Working Group (OSTWG) will hold its organizational meeting. The OSTWG was created by Section 214 of S 1492 [LOC | WW]. Part I of this bill is the "Broadband Data Improvement Act"; Part II is the "Protecting Children in the 21st Century Act". It is now Public Law No. 110-385. See, story titled "NTIA Seeks Members for Online Safety and Technology Working Group" in TLJ Daily E-Mail Alert No. 1,863, November 25, 2008. See also, notice in the Federal Register, May 21, 2009, Vol. 74, No. 97, at Page 23846. Location: Federal Communications Commission, 445 12th St., SW.

11:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing on HR 1508 [LOC | WW], the "Sunshine in Litigation Act of 2009". See, notice. The HJC will webcast this event. Location: Room 2237, Rayburn Building.

Tom Tauke (Verizon's EVP of Public Affairs, Policy and Communications) will host a media briefing and Q&A. Box lunches will be served. For more information, contact David Fish at 202-515-2514 or david dot m dot fish at verizon dot com.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution, Civil Rights and Civil Liberties will hold a hearing on HR 984 [LOC | WW], the "States Secret Protection Act". See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

2:30 PM. The Senate Appropriations Committee's (SAC) Subcommittee on the Legislative Branch will hold a hearing on appropriations for the Library of Congress. Location: Room 138, Dirksen Building.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics (BOE) will host an untitled seminar by Devin Pope (University of Pennsylvania) He is an economist, and author of the paper titled "The Effect of the Internet on Matching Markets: Evidence from Craigslist". Location: FTC Conference Center, 601 New Jersey Ave., NW.

Day four of a four day conference titled "Computers, Freedom, and Privacy 2009". See, conference web site. Location: Marvin Center, George Washington University.

Day one of a two day meeting of the Federal Bureau of Investigation's (FBI) Criminal Justice Information Services Division's Advisory Policy Board. This Division administers the Integrated Automated Fingerprint Identification System, the Interstate Identification Index, Law Enforcement Online, National Crime Information Center, the National Instant Criminal Background Check System, the National Incident-Based Reporting System, Law Enforcement National Data Exchange, and Uniform Crime Reporting. See, notice in the Federal Register, April 15, 2009, Vol. 74, No. 71, at Page 17524. Location: Gaylord National, 201 Waterfront Street, National Harbor, MD.

Deadline to submit oppositions to the Federal Communications Commission (FCC) in response to the petitions for partial reconsideration of the FCC's Second Report and Order and Order on Reconsideration (also know as the second internet based TRS order) filed by the Telecommunications for the Deaf and Hard of Hearing, Inc. and the TDI Coalition, and by GoAmerica, Inc. The FCC adopted and released this second internet based TRS order [47 pages in PDF] on December 19, 2008. It is FCC 08-275 in CG Docket No. 03-123 and WC Docket No. 05-196. See, notice in the Federal Register, May 20, 2009, Vol. 74, No. 96, at Pages 23715-23716.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to the FCC's notice regarding the National Exchange Carrier Association's (NECA) proposed compensation rates for interstate traditional telecommunications relay service (TRS), interstate Speech-to-Speech (STS) relay service, interstate captioned telephone service (CTS) and interstate and intrastate Internet Protocol (IP) captioned telephone service (IP CTS), interstate and intrastate IP Relay, and interstate and intrastate Video Relay Service (VRS). This is also the deadline to submit initial comments in response to the proposed carrier contribution factor and funding requirement for the Interstate TRS Fund. This item is FCC 09-39 in CG Docket No. 03-123 and WC Docket No. 05-196. See, notice in the Federal Register, May 21, 2009, Vol. 74, No. 97, at Pages 23859-23860.

Deadline to submit initial comments to the Federal Communications Commission (FCC) Notice of Proposed Rulemaking whether or not it should adopt new Video Relay Service (VRS) reimbursement rates that reflect the cost data in the fund administrator's recent filing with the FCC, rather than continuing the current rates. This item is FCC 09-39 in CG Docket 03-123. See, notice in the Federal Register, May 21, 2009, Vol. 74, No. 97, at Pages 23815-23816.

The House may meet at 9:00 AM for legislative business. The agenda for the week includes numerous non-technology related items. See, Rep. Hoyer's schedule for week of June 1.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing on the nomination of Miriam Sapiro to be Deputy U.S. Trade Representative. See, notice. Location: Room 215, Dirksen Building.

12:00 NOON - 2:00 PM. The Free State Foundation (FSF) will host a lunch titled "Broadband Nation: Where Does the U.S. Really Stand in the World Rankings?". The speakers will be David Gross (Wiley Rein), Rob Atkinson (Information Technology and Innovation Foundation), Link Hoewing (Verizon), and Christopher McCabe (CTIA). RSVP to Susan Reichbart at sreichbart at freestatefoundation dot org. Location: Congressional Meeting Room North, Capitol Visitor Center.

Day two of a two day meeting of the Federal Bureau of Investigation's (FBI) Criminal Justice Information Services Division's Advisory Policy Board. This Division administers the Integrated Automated Fingerprint Identification System, the Interstate Identification Index, Law Enforcement Online, National Crime Information Center, the National Instant Criminal Background Check System, the National Incident-Based Reporting System, Law Enforcement National Data Exchange, and Uniform Crime Reporting. See, notice in the Federal Register, April 15, 2009, Vol. 74, No. 71, at Page 17524. Location: Gaylord National, 201 Waterfront Street, National Harbor, MD.

Day one of a five day event hosted by the Federation Internationale Des Conseils En Propriete Industrielle (FICPI) titled "World Congress". This event is open to FICPI members only. See, conference brochure [PDF]. Location: JW Marriott.

Day two of a five day event hosted by the Federation Internationale Des Conseils En Propriete Industrielle (FICPI) titled "World Congress". This event is open to FICPI members only. See, conference brochure [PDF]. Location: JW Marriott.

9:00 AM - 4:30 PM. Day one of a two day event hosted by the Internal Revenue Service (IRS) titled "2009 Software Developers Conference". See, notice in the Federal Register, April 27, 2009, Vol. 74, No. 79, at Page 19124. Location: Marriott Crystal Gateway Hotel, 1700 Jefferson Davis Highway, Arlington, VA.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Sky Technologies v. SAP, App. Ct. No. 2008-1606. Location: Courtroom 201.

Day three of a five day event hosted by the Federation Internationale Des Conseils En Propriete Industrielle (FICPI) titled "World Congress". This event is open to FICPI members only. See, conference brochure [PDF]. Location: JW Marriott.

Deadline to submit reply comments to the Copyright Royalty Judges (CRJ) in response to its Notice of Inquiry (NOI) regarding "the costs of census versus sample reporting to assist the Judges in the revision of the interim regulations for filing notices of use and the delivery of records of use of sound recordings under two statutory licenses of the Copyright Act". See, notice in the Federal Register, April 8, 2009, Vol. 74, No. 66, at Pages 15901-15904. See also, the CRJ's notice in the Federal Register regarding its Notice of Proposed Rulemaking (NPRM), Federal Register, December 30, 2008, Vol. 73, No. 250, at Pages 79727-79734, and the CRJ's web page with hyperlinks to the comments submitted in response to the NPRM.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry [59 pages in PDF] regarding the drafting of a "national broadband plan", as required by Section 6001(k) of HR 1 [LOC | WW], the huge spending bill passed by the Congress in February. See also, "Broadband Plan Statute: Public Law No. 111-5, § 6001(k)" and stories titled "FCC Releases NOI on Broadband Plan" and "Additional Questions Asked by FCC's Broadband Plan Notice of Inquiry" in TLJ Daily E-Mail Alert No. 1,924, April 11, 2009. This NOI is FCC 09-31 in Docket No. GN 09-51.

Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) in response to its notice of inquiry (NOI) regarding the September 30, 2009, expiration of the Joint Project Agreement (JPA) between the NTIA and the Internet Corporation for Assigned Names and Numbers (ICANN). There are hyperlinks to the original JPA and its amendments and modifications ICANN web page titled "ICANN's Major Agreements and Related Reports". See, notice in the Federal Register, April 24, 2009, Vol. 74, No. 78, at Pages 18688-18690.

Deadline to submit applications to the Department of State's (DOS) Bureau of Educational and Cultural Affairs' (BECA) Office of English Language Programs for grants under its E-Teacher Scholarship Program and Professional Development Workshop. The DOS will give $750,000 in grants to universities to teach English via the internet to persons in other countries. See, notice in the Federal Register, April 24, 2009, Vol. 74, No. 78, at Pages 18786-18792.

Deadline to submit applications to the Department of Homeland Security's (DHS) Privacy Office for appointment to the DHS Data Privacy and Integrity Advisory Committee. See, notice in the Federal Register, May 5, 2009, Vol. 74, No. 85, at Pages 20718-20719.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the petition for extension of waiver filed by AT&T and Sprint Nextel requesting a one year extension of the current waiver of the FCC's rules to the extent that provision requires TRS providers providing relay service via the PSTN or a TTY to automatically and immediately call an appropriate PSAP when receiving an emergency 711-dialed call placed by an interconnected VOIP user. See, FCC Public Notice of April 1, 2009 (DA 09-749), and notice in the Federal Register, May 7, 2009, Vol. 74, No. 87, at Pages 21364-21366. This relates to WC Docket No. 04-36, CG Docket No. 03-123, WT Docket No. 96-198 and CC Docket No. 92-105

8:30 AM - 5:00 PM. Day one of a two day meeting of the National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT). The agenda includes a discussion of documentary standards and health care information technology. See, notice in the Federal Register: May 15, 2009, Vol. 74, No. 93, at Page 22887. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

9:00 AM - 4:30 PM. Day two of a two day event hosted by the Internal Revenue Service (IRS) titled "2009 Software Developers Conference". See, notice in the Federal Register, April 27, 2009, Vol. 74, No. 79, at Page 19124. Location: Marriott Crystal Gateway Hotel, 1700 Jefferson Davis Highway, Arlington, VA.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee (RPTAC) will hold a partially closed meeting. See, notice in the Federal Register, May 26, 2009, Vol. 74, No. 98, at Page 23998. Location: Room 3884, Hoover Building, 14th St. NW, between Pennsylvania and Constitution Avenues.

9:00 - 11:00 AM. The Heritage Foundation will host an event titled "The Taiwan Relations Act's Enduring Legacy on Capitol Hill". See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in ResQNet.com v. Lansa, App. Ct. No. 2008-1365. Location: Courtroom 201.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar conducted by Cory Capps (Bates White) on his paper titled "Antitrust Treatment of Nonprofits". Capps is an economist who focuses on the health care sector. 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.

Day one of a two day event titled "World Copyright Summit". See, conference web site. Location: Ronald Reagan Center.

Day four of a five day event hosted by the Federation Internationale Des Conseils En Propriete Industrielle (FICPI) titled "World Congress". This event is open to FICPI members only. See, conference brochure [PDF]. Location: JW Marriott.

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