6/10. The American Civil Liberties Union (ACLU) submitted a request for records to the Department of Homeland Security (DHS), and its Customs and Border Protection (CBP), pursuant to the federal Freedom of Information Act (FOIA), regarding the search and seizure of laptop computers, other devices, and digital content therein.

The DHS and its CBP conduct warrantless and suspicionless searches of electronic devices at borders and other entry points, without consent. This includes searches and seizures of laptop computers, cell phones, Blackberries, iPods, digital cameras, flash drives, CDs, and other items. Some devices are damaged. Some are seized. Government agents also compel disclosure of passwords and encryption keys.

The ACLU requests records regarding "Policies, practices, and procedures regarding criteria for selecting individual travelers whose information will be search, reviewed, retained, or disseminated to other components of DHS, other government agencies, or persons or entities outside the government."

It also asks for policies, practices and procedures regarding "the search, review, retention and dissemination of business information" and "information that may be legally privileged".

Catherine Crump, of the ACLU's New York City office, signed the request. She also stated in a release that "These highly intrusive government searches into a traveler's most private information, without any reasonable suspicion, are a threat to the most basic privacy rights guaranteed in the Constitution".

She added that "Searching or retaining a traveler's personal information -- especially the vast stores of information contained in a laptop or other electronic storage device -- could also have a chilling effect on the free exchange of ideas and beliefs."

6/10. The Department of Homeland Security's (DHS) Customs and Border Protection's (CBP) warrantless and suspicionless searches of laptops at borders and airports is the subject of Congressional investigation and bills.

For example, the Senate Judiciary Committee's (SJC) Subcommittee on the Constitution, Civil Rights and Property Rights held a hearing on June 25, 2009, titled "Laptop Searches and Other Violations of Privacy Faced by Americans Returning from Overseas Travel".

See, SJC web page with hyperlinks to opening statements and prepared testimony. The testimony of witnesses details the practices of CBP agents, and advances legal and policy arguments against current practices.

On September 26, 2008, Sen. Russ Feingold (D-WI), introduced S 3612 [LOC | WW], the "Travelers' Privacy Protection Act of 2008". The companion bill in the House was HR 7118 [LOC | WW], introduced by Rep. Adam Smith (D-WA).

Sen. Feingold's (at right) bill would have provided that "electronic equipment transported by a United States resident may be searched at the border only if an official of the Department of Homeland Security has a reasonable suspicion that the resident ... is carrying contraband or is otherwise transporting goods or persons in violation of the laws enforced by officials" at the DHS. Also, "electronic equipment transported by a United States resident may be seized at the border only if" there is either a warrant based upon probable cause, or a Foreign Intelligence Surveillance Act (FISA) order.

On July 23, 2008, Rep. Zoe Lofgren (D-CA) introduced HR 6588 [LOC | WW], the "Electronic Device Privacy Act of 2008", a short bill to prevent any government entity from requiring "that any person entering the United States submit to a search of the electronic contents of that person's laptop computer or similar device".

July 31, 2008, Rep. Eliot Engel (D-NY) and Rep. Ron Paul (R-TX) introduced HR 6702 [LOC | WW], the "Securing Our Borders and Our Data Act of 2008".

That bill would have provided that "The following rules shall apply to any border search or seizure relating to a digital electronic device or digital storage media in the possession of an individual: ... no search of the digital contents of the device or media may be based on the power of the United States to search a person and that person's possessions upon entry into the United States, unless that search is based on a reasonable suspicion regarding that person".

On September 11, 2008, Rep. Loretta Sanchez (D-CA) and Rep. Bennie Thompson (D-MS) introduced HR 6869 [LOC | WW], the "Border Security Search Accountability Act of 2008". That bill would have required the DHS to adopt a rule regarding the scope of, and procedural and recordkeeping requirements associated with, border security searches of electronic devices. See, story titled "Rep. Sanchez Introduces Bill Regarding Customs Searches of Laptops" in TLJ Daily E-Mail Alert No. 1,825, September 15, 2008.

In the 111th Congress, on On January 7, 2009, Rep. Engel (D-NY) and Rep. Paul (R-TX), introduced their bill, HR 239 [LOC | WW], the "Securing our Borders and our Data Act of 2009".

Also, on March 26, 2009, Rep. Sanchez, and others, introduced HR 1726 [LOC | WW], the "Border Security Search Accountability Act of 2009".

6/10. The Department of Homeland Security (DHS), and other federal government agencies, assert that basic Constitutional protections of privacy and liberty interests, such as the 4th Amendment prohibition of unreasonable searches and seizures, are eviscerated by new information technologies, such as mobile devices and cloud computing.

For example, while courts have always held that the 4th Amendment applies to searches of homes for information stored on papers in filing cabinets or desks, some government agencies now argue that the same information stored by the same people via cloud computing services, or on an international traveler's laptop, do not have the same 4th Amendment protection.

In the case of CBP laptop searches, courts have acquiesced.

The 4th Amendment provides in full that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The U.S. Court of Appeals (9thCir) held in its July 24, 2006, opinion [25 pages in PDF] in USA v. Romm, that a border or international airport seizure and search of a laptop computer, including search of internet caches, forensic analysis, and recovery of deleted files, is permissible, without consent, a warrant, probable cause, or any reason to believe that contraband is being brought into the U.S.

See, story titled "9th Circuit Holds Government Can Conduct Warrantless Random Searches of Laptops of Persons Entering US at Airports" in TLJ Daily E-Mail Alert No. 1,417, July 25, 2006.

This case is USA v. Stuart Romm, U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 04-10648, an appeal from the U.S. District Court for the District of Nevada, D.C. No. CR-04-00216-PMP(PAL).

Similarly, the 9th Circuit held its opinion [13 pages in PDF] in USA v. Arnold, that a CBP search of an air traveler's laptop without suspicion was permissible, and porn pictures found on that laptop could be introduced as evidence in a subsequent criminal prosecution for porn possession. The Court held that "reasonable suspicion is not needed for customs officials to search a laptop or other personal electronic storage devices at the border".

The original opinion was issued on April 21, 2008. The Court denied rehearing, and rehearing en banc, and issued a revised opinion changing one word, on July 10, 2008.

That case is USA v. Michael Timothy Arnold, U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 06-50581, an appeal from the U.S. District Court for the Central District of California, D.C. No. CR-05-00772-DDP.

6/10. On June 10, 2009, the French Constitutional Council overturned parts of an anti-piracy bill enacted in May titled "Creation and Internet".

This bill created a body titled "Higher Authority for the Distribution of Works and the Protection of Copyright on the Internet". It also provided for terminating broadband internet access accounts after three accusations of infringement.

Gigi Sohn, head of the Public Knowledge, praised the decision in a release. She wrote that "The decision of France's Constitutional Court striking down the country's law allowing Internet users to be disconnected on the accusation of a copyright violation is a clear and persuasive signal to media moguls around the world that this type of policy is unacceptable."

She added that "In its decision, the French court made clear that the concept of innocent until proven guilty in a court of law still holds in that country, as it still holds here."

She concluded that "Perhaps this decision will now allow a telecommunications reform package in Europe to move forward, as this issue, pushed by large media companies, was the stumbling block to adoption."

6/8. Deanne Maynard joined the Washington DC office of the law firm of Morrison & Foerster (MoFo). She will head the firm's appellate and Supreme Court practice. See, Mofo release. She previously worked in the Department of Justice's (DOJ) Office of the Solicitor General (OSG).

She will replace Beth Brinkman, who recently left MoFo to become Deputy Assistant Attorney General in the DOJ's Civil Division for appellate staff.

MoFo has done well in placing its attorneys in the Obama DOJ. See, story titled "More DOJ Personnel Named" in TLJ Daily E-Mail Alert No. 1,942, May 21, 2009.

Federal Election Commission (FEC) campaign contribution records show that Maynard gave over $4,000 to Obama campaigns in 2007 and 2008. Brinkman gave $2,300 to both the Clinton and Obama campaigns. Tony West (a MoFo attorney who now heads of the DOJ's Civil Division) also gave $2,300 to both the Clinton and Obama campaigns.

Maynard worked on two significant technology related Supreme Court cases while at the OSG -- MedImmune v. Genentech and Pacific Bell v. Linkline Communications. The OSG participated as amicus curiae in both cases.

In MedImmune v. Genentech, the Supreme Court held that the Article III case or controversy requirement, and the Declaratory Judgment Act, which is codified at 28 U.S.C. § 2201, do not require a patent licensee to terminate, or be in breach of, its license agreement before it can seek a declaratory judgment that the underlying patent is invalid, unenforceable, or not infringed.

See, amicus curiae brief of the OSG, and story titled "Supreme Court Rules on Case or Controversy Requirement in Patent Litigation" in TLJ Daily E-Mail Alert No. 1,516, January 9, 2007.

This case is MedImmune, Inc. v. Genentech, Inc., et al., Sup. Ct. No. 05-608, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. Nos. 04-1300 and 04-1384.

Pacific Bell v. Linkline Communications was a telecommunications case, in which the District Court and the U.S. Court of Appeals (9thCir) had allowed the plaintiff (LinkLine) to proceed under Section 2 of the Sherman Act with a price squeeze theory.

The OSG filed an amicus curiae brief urging the Supreme Court to grant certiorari because the 9th Circuit opinion was contrary to the Supreme Court's antitrust jurisprudence. After the Supreme Court granted certiorari, the OSG filed an amicus curiae brief in which it argued that "In the absence of an antitrust duty to deal, an allegation that a vertically-integrated defendant's wholesale prices are too high in relation to its retail prices for retail-level rivals to compete does not allege a claim under Section 2 of the Sherman Act."

Pacific Bell (AT&T) and the OSG prevailed. See also, stories titled "Supreme Court Reverses in Pacific Bell v. Linkline", "Supreme Court: There Is Robust Competition in the Broadband Market", and "Commentary: Impact of Pacific Bell v. LinkLine" in TLJ Daily E-Mail Alert No. 1,906, February 27, 2009.

This case is Pacific Bell Telephone Company, et al. v. Linkline Communications, Inc., et al., Supreme Court of the U.S., Sup. Ct. No. 07-512, a petition for writ of certiorari to the U.S. Court of Appeals for the 9th Circuit. The Court of Appeals case is App. Ct. No. 05-56023.

6/10. Miriam Nisbet was named Director of the National Archives and Records Administration's (NARA) Office of Government Information Services (OGIS).

The OGIS was created in the 110th Congress by Section 10 of S 2488 [LOC | WW], the "Openness Promotes Effectiveness in our National Government Act of 2007", or "OPEN Government Act". S 849 was an earlier version of the bill. President Bush signed it into law on December 31, 2007. It is now Public Law No. 110-175. The OGIS language is codified at 5 U.S.C. § 552(h).

The Act provides that the OGIS shall "review policies and procedures of administrative agencies under this section", "review compliance with this section by administrative agencies", and "recommend policy changes to Congress and the President to improve the administration of this section".

Also, it "shall offer mediation services to resolve disputes between persons making requests under this section and administrative agencies as a non-exclusive alternative to litigation and, at the discretion of the Office, may issue advisory opinions if mediation has not resolved the dispute".

But, the OGIS has no authority to compel any action by any agency. It cannot compel any agency to produce any records to FOIA requestors. It cannot compel mediation or arbitration. It cannot even compel any agency to provide it information regarding a FOIA dispute. It is a toothless entity.

Nisbet is its first Director.

The acting Archivist of the U.S., Adrienne Thomas, who appointed Nisbet, stated in a release that "Nisbet is a devoted public servant who is uniquely qualified for this position. She has dedicated her entire professional life to working for open access to government records from the perspective of both the federal government and non-governmental institutions, as well as the international community."

Sen. Patrick Leahy (D-VT), sponsor of S 2488, stated in a release that "OGIS will provide essential policy guidance and mediation services for the government's Freedom of Information Act activities."

He added that Nisbet "brings a wealth of information policy experience and a deep commitment to open government to this critical post. I welcome her appointment, and I look forward to working closely with her to ensure that FOIA remains a vital and meaningful open government tool for all Americans."

She previously was Director of the Information Society Division of the United Nations Educational Scientific and Cultural Organization (UNESCO).

Before that, Nisbet worked for the American Library Association (ALA) on copyright issues. For example, she advocated passage of legislation sponsored by Rep. Rick Boucher (D-VA) to create a fair use exemption to the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA), which are codified at 17 U.S.C. § 1201.

Nisbet testified before the House Commerce Committee's (HCC) Subcommittee on Commerce, Trade and Consumer Protection on May 12, 2004, on behalf of the ALA and other library groups. See, ALA release, and story titled "House Subcommittee Holds Hearing on Creating Fair Use Exceptions to DMCA" in TLJ Daily E-Mail Alert No. 899, May 17, 2004.

Creators and content companies vigorously opposed these bills, and none were enacted. Neither Rep. Boucher, nor any other Representative or Senator, has yet introduced a similar bill in the 111th Congress. These bills were as follows:

• 107th Congress: HR 5544, the "Digital Media Consumers’ Rights Act of 2002".
• 108th Congress: HR 107, the "Digital Media Consumers' Rights Act of 2003".
• 109th Congress: HR 1201, the "Digital Media Consumers' Rights Act of 2005".
• 110th Congress: HR 1201 [LOC | WW], the "Freedom And Innovation Revitalizing U.S. Entrepreneurship Act of 2007" or "FAIR USE Act".

For more information on these bills, and hyperlinks to earlier stories, see story titled "Rep. Boucher Introduces FAIR USE Act" in TLJ Daily E-Mail Alert No. 1,545, February 28, 2007.

Before joining the ALA and working on digital fair use issues, Nisbet worked at the NARA as Special Counsel for Information Policy.

Before that, during the administrations of former Presidents Reagan, Bush, and Clinton, Nisbet worked in the Department of Justice's (DOJ) Office Information and Privacy (OIP) on FOIA issues. Despite her presence, the DOJ continued to violate its statutory obligations under the FOIA, including on FOIA requests with which she was involved.

Her appointment enables the Obama administration to create the appearance that it is working to make federal government more transparent. It also enables the Obama administration, which has been appointing copyright industry lawyers to senior positions, to appoint a high profile advocate of digital fair use rights -- albeit to an unrelated office.

Federal Election Commission (FEC) campaign contribution records show that Nisbet gave $1,000 to the Obama Presidential campaign, after the election.

6/10. President Obama formally nominated former Rep. Tim Roemer (D-IN) to be Ambassador India. Obama had previously announced his intent to nominate Roemer. See, White House news office release.

6/10. Palm announced in a release that its Board of Directors appointed Jon Rubinstein to be Chairman and CEO. He will replace Ed Colligan, who will join Elevation Partners.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of June 8.

The Senate will meet at 10:00 AM. It will resume consideration of HR 1256 [LOC | WW], the "Family Smoking Prevention and Tobacco Control Act".

8:30 AM. Day one of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC). The agenda includes consideration of deemed exports. See, notice in the Federal Register, May 26, 2009, Vol. 74, No. 99, at Pages 24819-24820. Location: Room 3884, Hoover Building, 14th St. NW, between Pennsylvania and Constitution Avenues.

8:45 AM - 4:00 PM. The U.S.-China Economic and Security Review Commission will hold an open meeting titled "The Implications of China's Naval Modernization on the United States". See, notice in the Federal Register, May 28, 2009, Vol. 74, No. 101, at Page 25611. Location: Room 562, Dirksen Building.

9:30 AM. The National Association of Broadcasters (NAB) will host a news conference. Location: First Amendment Lounge, National Press Club, 13th Floor, 529 14th St., NW.

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 Lynch to be a Judge of the U.S. Court of Appeals (2ndCir) and Mary Smith to be Assistant Attorney General in charge of the Tax Division. The SJC rarely follows its published agendas. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet will hold a hearing on HR 1084 [LOC | WW], the "Commercial Advertisement Loudness Mitigation Act", or "CALM", HR 1147 [LOC | WW], the "Local Community Radio Act Of 2009", and HR 1133 [LOC | WW], the "Family Telephone Connection Protection Act Of 2009". The witnesses will be Caroline Beasley (Beasley Broadcast Group), David Donovan (Association for Maximum Service Television), Peter Doyle (Chief of the FCC's Media Bureau's Audio Division), David Goad (National Sheriffs' Association), Curtis Hopfinger (Securus Technologies), Joel Kelsey (Consumers Union), Frank Krogh (Morrison & Foerster), Cheryl Leanza (UCCOC, Inc.), and Jim Starzynski (NBC Universal). Location: Room 2322, Rayburn Building.

10:00 AM. The House Small Business Committee's Subcommittee on Contracting and Technology will meet to mark up HR __, a bill to reauthorize and revise the Small Business Administration's (SBA) Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. See also, S 177 [LOC | WW], the "Strengthening Our Economy Through Small Business Innovation Act of 2009". Location: Room 2360, Rayburn Building.

12:00 NOON. The Cato Institute will host a panel discussion titled "Fusion Centers: Domestic Spying or Sensible Surveillance?". The speakers will include Bruce Fein (The Lichfield Group), Harvey Eisenberg (Chief, National Security Section, Office of United States Attorney, District of Maryland), Michael German (ACLU), and Tim Lynch (Cato). See, notice and registration page. Lunch will be served after the program. Location: Cato, 1000 Massachusetts Ave., NW.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host a lunch. The speaker will be Sen. Mark Warner (D-VA). Location: Capital Hilton, 1001 16th St., NW.

2:00 PM. The House Judiciary Committee (HJC) will meet to mark up two bills. The second is HR 984 [LOC | WW], the "States Secret Protection Act". See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

2:00 - 4:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing on cyber security. Location: Room HVC-304, Capitol Building.

Deadline to submit reply 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 reply 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 reply 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.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking and Order [63 pages in PDF] regarding revising the FCC's Schedule of Regulatory Fees. The FCC adopted this item on May 11, 2009, and released the text on May 14. It is FCC 09-38 in MD Docket No. 09-65. See also, notice in the Federal Register, June 2, 2009, Vol. 74, No. 104, at Pages 26329-26360.

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

8:30 AM. Day two of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC). The agenda includes consideration of deemed exports. See, notice in the Federal Register, May 26, 2009, Vol. 74, No. 99, at Pages 24819-24820. Location: Room 3884, Hoover Building, 14th St. NW, between Pennsylvania and Constitution Avenues.

9:00 AM. The House Appropriations Committee (HAC) will meet to mark up the Homeland Security appropriations bill. The HAC will webcast this event. Location: Room 2359, Rayburn Building.

12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "Broadband Competition: Is the Glass Half Empty or Half Full?". The speakers will be Jeffrey Eisenach, Larry Darby (Darby Associates), George Ford (Phoenix Center for Advanced Legal & Economic Public Policy Studies), Robert Atkinson (Information Technology and Innovation Foundation), and Thomas Hazlett (George Mason University). Lunch will be served. See, notice. Location: Congressional Meeting Room North (CVC-268), Capitol Visitor's Center.

12:15 - 1:45 PM. The Federal Communications Bar Association (FCBA) Homeland Security/Emergency Communications Practice Committee will host brown bag lunch titled "Latest Developments in Cybersecurity". The speakers will be Deborah Parkinson (Senate Homeland Security and Governmental Affairs Committee staff), James Lewis (Center for Strategic and International Studies), and Marcus Sachs (Verizon). For more information, contact Nneka Ezenwa at Nneka dot n dot ezenwa at verizon dot com. Location: Verizon, 5th floor, 1300 I St., NW.

Extended deadline to submit grants applications to the National Telecommunications and Information Administration (NTIA) under the Low Power Television and Translator Digital to Analog Conversion Program.

Extended deadline for full power television stations to cease analog broadcasting. See, S 352 [LOC | WW], the "DTV Delay Act".

Deadline to register with the Federal Communications Commission (FCC) to participate in it pre-auction seminar for Auction 79, regarding 122 construction permits in the FM broadcast service. See, May 29, 2009, public notice (DA 09-152), and notice in the Federal Register, May 29, 2009, Vol. 74, No. 102, at Pages 25737-25744.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-117 [25 pages in PDF] titled "Guide to Adopting and Using the Security Content Automation Protocol (SCAP)".

12:00 NOON. The Cato Institute will host a panel discussion titled "Restoring the Pro-Trade Consensus". The speakers will be Rep. Henry Cuellar (D-TX) and Daniel Ikenson (Cato). See, notice and registration page. Lunch will be served. Location: Room B-340, Rayburn Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee, Wireless Telecommunications Practice Committee, and Young Lawyers Committee, will host a brown bag lunch titled "Bridging the Gap: Wireless 101 -- An Introduction to Wireless Technologies and Regulation". The speaker will be Tom Dombrowsky (engineering consultant at Wiley Rein). For more information, contact Cathy Hilke at chilke at wileyrein dot com or Micah Caldwell at mcaldwell at fh-law dot com. Location: Wiley Rein, 1776 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the petition for rulemaking [60 pages in PDF] filed by the American Bird Conservancy (ABC), Defenders of Wildlife and National Audubon Society. See, notice in the Federal Register, May 8, 2009, Vol. 74, No. 88, at Pages 21613-21614. See, FCC Public Notice of April 29, 2009 (DA 09-904), February 19, 2008 opinion [PDF] of the U.S. Court of Appeals (DCCir) in ABC v. FCC, and story titled "DC Circuit Vacates FCC Order Regarding Birds and Towers" in TLJ Daily E-Mail Alert No. 1,724, February 27, 2008. This relates to WT Docket Nos. 08-61 and 03-187.

Deadline to submit replies to 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, 2009. 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

9:00 AM - 4:30 PM. The Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Judges Panel of the Malcolm Baldrige National Quality Award will hold a closed meeting. See, notice in the Federal Register: May 27, 2009, Vol. 74, No. 100, at Page 25220. Location: NIST, Administration Building, Lecture Room B, Gaithersburg, MD.

10:30 AM - 2:30 PM. The Federal Communications Commission (FCC) will hold a seminar for Auction 79, regarding 122 construction permits in the FM broadcast service. See, May 29, 2009, public notice (DA 09-152), and notice in the Federal Register, May 29, 2009, Vol. 74, No. 102, at Pages 25737-25744.

2:00 PM. The House Science Committee (HSC) will hold a hearing titled "Agency Response to Cyberspace Policy Review". The HSC will webcast this event. Location: Room 2318, Rayburn Building.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar conducted by Daniel Benitez (World Bank) on his paper titled "Optimal Pre-Merger Notification Mechanisms, Incentives and Efficiency of Mandatory and Voluntary Schemes". 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.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on the nominations of Julius Genachowski and Robert McDowell to be members of the Federal Communications Commission (FCC). See, notice. Location: Room 253, Russell Building.

2:30 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing titled "Cell Phone Text Messaging Rate Increases and the State of Competition in the Wireless Market". The witness will be Randal Milch (Verizon Communications), Wayne Watts (AT&T Management Services, Inc.), Joel Kelsey (Consumers Union), and Laurie Itkin (Cricket Communications). The HJC will webcast this hearing. See, notice. Location: Room 226, Dirksen Building.

8:30 AM - 3:00 PM. The National Institute of Standards and Technology's (NIST) Board of Overseers of the Malcolm Baldrige National Quality Award will meet. See, notice in the Federal Register, May 5, 2009, Vol. 74, No. 85, at Pages 20683-20684, and notice in the Federal Register, May 15, 2009, Vol. 74, No. 93, at Pages 22887. Location: NIST, Administration Building, Lecture Room B, Gaithersburg, MD.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the U.S. Department of Justice". The witness will be Eric Holder (Attorney General). The HJC will webcast this hearing. See, notice. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 NOON. The Department of State's (DOS) Advisory Committee on Private International Law: Working Group I will meet to discuss the United Nations Commission for International Trade Law (UNCITRAL) initiative to revise the 1994 UNCITRAL Model Law on Procurement of Goods, Construction and Services. See, notice in the Federal Register, June 4, 2009, Vol. 74, No. 106, at Page 26914. Location: George Washington University Law School, Dean's Conference Room, 2000 H St., NW.

3:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on International Organizations, Human Rights and Oversight will hold a hearing titled "TV Marti: A Station in Search of an Audience?". See, notice. Location: Room 2172, Rayburn Building.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Elvis Stumbergs at elvis dot stumbergs at fcc dot gov. Location: Marvin, 2007 14th St., NW.

Day one of a two day conference hosted by the American Antitrust Institute (AAI). See, notice. Location: National Press Club.

Day one of a three day event hosted by the American Intellectual Property Law Association (AIPLA) titled "Legal Secretaries and Administrators Conference". See, conference brochure [PDF]. Location: Westin Alexandria Hotel, Alexandria, VA.

Deadline for Webloyalty.com, Inc. and Vertrue, Inc. to respond to letters from Sen. Jay Rockefeller (D-WV) regarding e-commerce marketing practices. See, story titled "Senate Commerce Committee Investigates E-Commerce Marketing" in TLJ Daily E-Mail Alert No. 1,943, May 27, 2009.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee, and Wireless Telecommunications Committee, will host a brown bag lunch titled "Adaptive Modulation for “Long Haul” Point-to-Point Microwave Relays -- a tool for improved spectrum efficiency or anticompetitive spectrum warehousing?". The speakers may include James Wolfson (President of X-DOT, Inc.), Scott Nelson (Alcatel-Lucent), and someone from the FCC's Wireless Telecommunications Bureau. For more information, contact Tami Smith at tsmith07 at sidley dot com or 202-736-8257. Location: Sidley Austin, 1501 K St., NW.

Day two of a two day conference hosted by the American Antitrust Institute (AAI). See, notice. Location: National Press Club.

Day two of a three day event hosted by the American Intellectual Property Law Association (AIPLA) titled "Legal Secretaries and Administrators Conference". See, conference brochure [PDF]. Location: Westin Alexandria Hotel, Alexandria, VA.

12:30 - 1:30 PM. The DC Bar Association will host a brown bag lunch titled "Investment in China and the Economic Slowdown ... Where Do We Go From Here?". The speakers will be Mark Michelson (APCO) and William Wilson (Wilson International Law). The price to attend ranges from $10 to $15. The DC Bar events are not open to the public. See, notice. Location: Wilson International Law, Suite 1220, 1101 17th St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the March 12, 2009, petition filed by Denali Spectrum License Sub, LLC asking the FCC to forbear from applying the unjust enrichment provisions of the FCC's competitive bidding rules. See, notice in the Federal Register, June 9, 2009, Vol. 74, No.109, at Pages 27318-27319.

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