7/27. The Office of Management and Budget (OMB) published a notice in the Federal Register that announces, describes, and sets the comment deadline for, its review of federal policy regarding its current limitations on federal web sites' use of tracking technologies, such as persistent cookies.

Comments are due by August 10, 2009.

On June 22, 2000, Jacob Lew, Director of the Office of Management and Budget (OMB), sent a memorandum to the heads of executive departments and agencies in which he stated that "the presumption should be that ``cookies´´ will not be used at Federal web sites. Under this new Federal policy, ``cookies´´ should not be used at Federal web sites, or by contractors when operating web sites on behalf of agencies, unless, in addition to clear and conspicuous notice, the following conditions are met: a compelling need to gather the data on the site; appropriate and publicly disclosed privacy safeguards for handling of information derived from ``cookies´´; and personal approval by the head of the agency."

The just issued notice states that "The goal of this review is for the Federal Government to continue to protect the privacy of people who visit Federal Government Web sites while at the same time making these Web sites more user-friendly, providing better customer service, and allowing for enhanced Web analytics."

The notice states that the OMB proposes a new policy, under which "any Federal agency using Web tracking technologies on a Federal Government Web site would be ... required to ... Post clear and conspicuous notice on the Web site of the use of Web tracking technologies" and "Provide a clear and understandable means for a user to opt-out of being tracked".

The notice states that the OMB proposes a three tiered approach: "Single-session technologies -- which track users over a single session and do not maintain tracking data over multiple sessions or", "Multi-session technologies for use in Web analytics -- which track users over multiple sessions purely to gather data to analyze Web traffic statistics", and "Multi-session technologies for use as persistent identifiers -- which track users over multiple visits with the intent of remembering data, settings, or preferences unique to that visitor for purposes beyond what is needed for Web analytics".

The OMB seeks comments on, among other things, "acceptable use and restrictions of each tier", and the "applicability and scope of such a framework on Federal agency use of third-party applications or Web sites".

On May 26, 2009, the Internet and Information Technology Foundation (ITIF) released a report [13 pages in PDF] titled "Federal Government Policy on the Use of Persistent Internet Cookies: Time for Change or More of the Same?" See also, story titled "ITIF Urges Federal Web Sites to Use Persistent Cookies to Improve Service" in TLJ Daily E-Mail Alert No. 1,943, May 27, 2009.

See, Federal Register, July 27, 2009, Vol. 74, No. 142, at Pages 37062-37063.

7/24. Microsoft announced in a release that it has made an offer to the European Commission (EC) in its ongoing antitrust proceeding against Microsoft.

Microsoft proposed that "European consumers who buy a new Windows PC with Internet Explorer set as their default browser would be shown a 'ballot screen' from which they could, if they wished, easily install competing browsers from the Web. If this proposal is ultimately accepted, Microsoft will ship Windows in Europe with the full functionality available in the rest of the world."

The EC stated in a release that "Microsoft has proposed a consumer ballot screen as a solution to the pending antitrust case about the tying of Microsoft Internet Explorer web browser with Windows."

The EC added that "Microsoft has also made proposals in relation to disclosures of interoperability information that would improve the interoperability between third party products and Windows and Windows Server."

It concluded that "these proposals require further investigation before the Commission reaches any conclusion as to the next steps."

See, stories titled "European Commission Seeks 497 Million Euros and Code Removal from Microsoft" in TLJ Daily E-Mail Alert No. 863, March 25, 2004; "European Commission Releases Microsoft Decision" in TLJ Daily E-Mail Alert No. 883, April 23, 2004; "European Court of First Instance Rejects Key Parts of Microsoft's Appeal" in TLJ Daily E-Mail Alert No. 1,639, September 14, 2007; and "EC Demands More Money From Microsoft" in TLJ Daily E-Mail Alert No. 1,723, February 26, 2007.

See also, stories titled "Microsoft Announces Commitment to Open Connections" and "Kroes Discusses EC's Global Regulation Goals" in TLJ Daily E-Mail Alert No. 1,722, February 25, 2008; and "Kroes Asserts that EC Antitrust Enforcement is Not Socialist" in TLJ Daily E-Mail Alert No. 1,740, April 1, 2008.

7/27. The European Commission (EC) released a report [90 pages in PDF] titled "United States Barriers to Trade and Investment Report for 2008". Many issues raised by the EC are technology related.

Patents. The report complains that the U.S. maintains a first to invent rule, while other nations with advanced intellectual property systems follow the first to file rule. The report states that this "continues to create considerable problems for EU companies, especially considering the high U.S. litigation costs in patent matters".

However, the Congress is considering patent reform legislation that would shift the U.S. to a first to file rule. See, for example, S 515 [LOC | WW], the "Patent Reform Act of 2009".

The report also notes that "Further complications emerge because American and European law take different approaches to the question of patentability of software and business methods."

The report also states that "Under Article 31 of the TRIPS Agreement, governments that use patents are required to promptly inform the patent right holders. Although patents are extensively used by the U.S. authorities, it appears that U.S. government departments frequently fail to comply with that obligation. This is problematic because right holders are consequently likely to miss the opportunity to initiate an administrative claim process."

The report also states that the U.S.'s Hilmer doctrine in patent interference cases "has been clearly detrimental to European companies". See, In re Hilmer, 359 F.2d 859 (1966) and In re Hilmer, 424 F.2d 1108 (1970), also know as Hilmer I and Hilmer II, respectively.

Copyright. The report complains about 17 U.S.C. § 110(5) and the Irish music issue. It states that "Despite losing a WTO case on the issue, the U.S. has not yet brought its Copyright Act into compliance with the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs). The EU has safeguarded its rights to suspend trade benefits granted to the U.S. if the Copyright Act is not amended."

The report also states that "European industry complains that producers and performers do not enjoy broadcasting rights or public performance rights in the U.S."

CFIUS. The report raises the Committee on Foreign Investment in the United States (CFIUS). The report states that "the EU remains concerned about the legal and economic costs for investors and investments that undergo CFIUS review, as well as about uncertainties inherent to this review and its ultimate outcome".

In addition, "the EU is concerned by the absence of any judicial review of CFIUS decisions by US Courts".

It states that "U.S. restrictions on foreign investment are particularly evident in the ... communications sectors".

Communications. The report states that "EU and foreign-owned firms are still faced with substantial barriers to access the U.S. market. These include for example restrictions to investment, lengthy proceedings, conditionality of market access and reciprocity-based procedures."

It continues that "Section 310 of the 1934 Communications Act established restrictions to foreign direct investment in U.S. companies holding a broadcast or common carrier radio licence ... There are also limits to foreign indirect investment, although this is subject to a public interest waiver."

The report adds that "The reduction in the number of competitors in the wire line sector and internet backbone market, notably as a result of mergers, coupled with a litigious environment raises some concerns and will require particular attention to ensure fair and non-discriminatory access. Particularly problematic is the question of how to guarantee last mile access to customers."

Export Controls. The report states that "Potential problems are posed by the differential treatment of encryption items depending on whether they are transferred to government or non-government end users. In addition, US reexport controls on goods and intellectual technology create a difficulty for the European industry for cases of re-export. A combination of the continuing constraints on the export of strong encryption products and on the interoperability of systems employing such technology inhibits not only trade in encryption products but also, more importantly, the effective growth of e-commerce."

Wine Sales. The report also raises the subject of direct wine sales. Various states discriminate against foreign as well as interstate wine sales.

The report states that "Some state legislation ... prohibits EU exporters from distributing, rebottling, or retailing their own wine".

It adds that "some state regulations on direct-to-consumer shipment are changing due to the US Supreme Court's Granholm ruling. As a result certain states are now allowing shipments of wine directly to consumers, if the winery obtains a permit from the state they wish to ship to. However, in most cases only domestic wineries are eligible to obtain the permit. In both cases, direct to consumers' shipment and direct distribution, state legislators do not take imported products into account when establishing regulations and appear to discriminate against foreign wines."

See, the Supreme Court's May 16, 2005, opinion in Granholm v. Heald, 544 U.S. 460, story titled "Supreme Court Grants Certiorari in Internet Wine Sales Cases" in TLJ Daily E-Mail Alert No. 905, May 26, 2005, and story titled "Supreme Court Rules in Internet Wine Sales Case" in TLJ Daily E-Mail Alert No. 1,137, May 17, 2005.

See also, story titled "2nd Circuit Again Addresses Wine Sales and Commerce Clause" in TLJ Daily E-Mail Alert No. 1,965, July 2, 2009.

7/22. The Public Knowledge (PK) released a paper [60 pages in PDF] titled "Forcing the Net Through a Sieve: Why Copyright Filtering is Not a Viable Solution for U.S. ISPs". The authors are Mehan Jayasuriya (PK), Jef Pearlman (PK), Robb Topolski, Michael Weinberg (PK), and Sherwin Siy (PK)

The paper states that "copyright filtering" is "a method whereby network appliances use a technology known as Deep Packet Inspection (DPI) to inspect the data that travels over an Internet Service Provider's (ISP's) network, identifying content as it passes through the filter and then dealing with that content accordingly".

It argues that "copyright filters will alter the fundamental behavior of the Internet and in so doing, will likely disrupt the Internet ecosystem in ways that we cannot predict. The Internet was designed to be an open system from end-to-end, which is to say, a system that moves content between hosts and clients as quickly as possible on a first-come-first-served basis -- regardless of the nature of that content. Copyright filters will inject delay into this system, make automated judgments regarding the legality of content and will then degrade or discard that traffic accordingly. The Internet was not designed to support this type of activity".

The PK opposes inclusion of language in legislation, or trade agreements, such as the anti-counterfeiting trade agreement (ACTA), that would provide that copyright filtering is a reasonable network management practice.

This paper argues that copyright filters "will fail to identify all unlawful or unwanted content while harming lawful uses of content", and "will harm lawful, protected forms of speech such as parody and satire".

It also argues that copyright filtering will "slow ISP networks", and "will disrupt the Internet ecosystem".

It further argues that copyright filtering will be expensive, but nevertheless subject to circumvention.

The paper also advances several legal arguments against such filtering. First, it argues that it would impose an unconstitutional burden on free expression.

Second, it argues that "Under the Digital Millennium Copyright Act (DMCA), ISPs are shielded from liability for their users' actions. Copyright filters could undermine these safe harbors, which have allowed the Internet to become the most important communications medium of the modern era."

Third, the paper asserts that "Copyright filtering could constitute unlawful interception under the Electronic Communications and Privacy Act (ECPA)."

7/27. AT&T released a statement regarding its handling of a distributed denial of service (DDOS) attack.

It wrote that "Beginning Friday, an AT&T customer was impacted by a denial-of-service attack stemming from IP addresses connected to img.4chan.org. To prevent this attack from disrupting service for the impacted AT&T customer, and to prevent the attack from spreading to impact our other customers, AT&T temporarily blocked access to the IP addresses in question for our customers. This action was in no way related to the content at img.4chan.org; our focus was on protecting our customers from malicious traffic. Overnight Sunday, after we determined the denial-of-service threat no longer existed, AT&T removed the block on the IP addresses in question."

AT&T added that "We will continue to monitor for denial-of-service activity and any malicious traffic to protect our customers."

4chan is in part an image based bulletin board service. However, it does not require registration; users can post anonymously. Its users have previously been associated with DDOS attacks, hacking, porn sharing, malicious pranks, and other uncivil activities.

7/24. President Obama nominated Dennis Hightower to be the Deputy Secretary of Commerce. See, White House news office release. Recently, he has been a member of the boards of directors of Accenture, TJX, and Domino's Pizza. Before that, he was CEO of Europe Online Networks S.A. Before that, from 1987-1996, he held various executive positions with The Walt Disney Company. He has also worked for Russell Reynolds Associates, Mattel, General Electric, McKinsey & Co., and Xerox. And before that, he was a decorated army airborne officer.

7/24. The Senate confirmed Meredith Baker and Mignon Clyburn to be members of the Federal Communications Commission (FCC). Baker's term expires on June 30, 2011. Clyburn's term expires on June 30, 2012. See, Congressional Record, July 24, 2009, at page S8103. See also, statement (about Baker) and statement (about Clyburn) by Julius Genachowski, statement and statement by Robert McDowell, and statement and statement by Michael Copps. And see, statement of Kyle McSlarrow (head of the NCTA), statement of Steve Largent (head of the CTIA), and statement of Walter McCormick (head of the USTelecom). The FCC now has five Commissioners, the number designated by statute.

7/24. The Senate confirmed Jonathan Adelstein to be Administrator of the Department of Agriculture's Rural Utilities Service (RUS). See, Congressional Record, July 24, 2009, at page S8103. See also, statement by Julius Genachowski, statement by Robert McDowell, and statement by Michael Copps. See, statement of Walter McCormick (USTelecom).

7/24. The Senate confirmed William Wilkins to be Chief Counsel of the Internal Revenue Service (IRS). See, Congressional Record, July 24, 2009, at page S8103.

7/23. Terri Glaze was named Director of the Federal Communications Commission's (FCC) Office of Legislative Affairs. She previously worked on Capitol Hill, most recently for Sen. Mark Pryor (D-AR), a member of the Senate Commerce Committee (SCC). See, FCC release.

7/22. Jonathan Baker was named Chief Economist at the Federal Communications Commission (FCC). He replaces Michelle Connolly, who has returned to Duke University. See, FCC release.

7/22. Paul de Sa was named Chief of the Federal Communications Commission's (FCC) Office of Strategic Planning and Policy Analysis. See, FCC release.

7/22. Zachary Katz was named Deputy Chief of the Federal Communications Commission's (FCC) Office of Strategic Planning and Policy Analysis. See, FCC release. He previously worked in the Los Angeles office of the law firm of Munger Tolles & Olson, where he handled intellectual property matters.

7/24. Michael Macleod-Ball was named acting Director of the American Civil Liberties Union's (ACLU) Washington Legislative Office. See, ACLU release.

7/22. Erik Huey joined the Entertainment Software Association (ESA) as its new SVP for Government Affairs. He was previously a partner in the Washington DC and New York City offices of the law firm of Kilpatrick Stockton. See, ESA release.

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. The House 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 the week of July 27, and schedule for July 27.

12:00 NOON - 1:30 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "Online Child Safety, Privacy, and Free Speech: An Overview of Challenges in Congress & the States". The speakers will include Adam Thierer (PFF), Parry Aftab (WiredSafety.org), Todd Haiken (Common Sense Media), Jim Halpert (DLA Piper), and Berin Szoka (PFF). Lunch will be served. See, notice. Location: Room SVC-208, Capitol Visitor Center.

3:00 PM. Deadline to submit applications to the National Institute of Standards and Technology (NIST) for money to under its Measurement Science and Engineering Research Fellowship Program. See, notice in the Federal Register, June 1, 2009, Vol. 74, No. 103, at Pages 26206-26209.

Deadline to submit Paperwork Reduction Act (PRA) comments to the Federal Communications Commission (FCC) in response to it Fourth Further Notice of Proposed Rulemaking regarding whether or not to modify FCC Form 323-E, the Ownership Report filed by noncommercial educational (NCE) licensees of AM, FM, and TV broadcast stations, to obtain gender, race, and ethnicity data. This 4thFNPRM is FCC 09-33 in MB Docket Nos. 07-294, 06-121, 02-277 and 04-228, and MM Docket Nos. 01-235, 01-317, and 00-244. See, notice in the Federal Register, May 27, 2009, Vol. 74, No. 100, at Pages 25205-25208.

The House will meet at 10:30 AM for morning hour, and at 12:00 NOON for legislative business. The schedule for the week includes consideration of HR 2728 [LOC | WW], the "William Orton Law Library Improvement and Modernization Act" (held over from last week), and HR 1807 [LOC | WW], the "Educating Entrepreneurs through Today's Technology Act". See, Rep. Hoyer's schedule for the week of July 27.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nomination of Judge Sonia Sotomayor to be a Justice of the Supreme Court, and Christopher Schroeder to be Assistant Attorney General in charge of the DOJ's Office of Legal Policy (OLP). The SJC will webcast this event. See, notice. Location: Room 216, Hart Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a closed meeting titled "Role of Trade Associations". The speakers will be Chris McCabe (CTIA), Jamie Hedlund (CEA), Jane Mago (NAB), and Steve Morris (NCTA). For more information, contact Micah Caldwell at mcaldwell at fh-law dot com or Chris Naoum at cnaoum at allbrittontv dot com. Reporters are barred. Location: Wiley Rein, 1776 K St., NW.

2:00 PM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on National Security and Foreign Affairs will hold a hearing titled "From Hard Drives to Helicopters: What’s the Plan for Withdrawal of U.S. Assets from Iraq". Location: Room 2154, Rayburn Building.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of July 27.

8:30 AM - 5:00 PM. Day one of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board. See, notice in the Federal Register, July 14, 2009, Vol. 74, No. 133, at Pages 33997-33998. Location: Room 403, George Washington University Cafritz Conference Center, 800 21st St., NW.

9:00 AM - 12:00 NOON and 2:00 - 5:00 PM. The Office of the U.S. Trade Representative (OUSTR) and the Department of State (DOS) will hold a meeting regarding their review of the model Bilateral Investment Treaty (BIT). The deadline to apply to attend is 5:00 PM on July 23. Written comments are due by 5:00 PM on July 31. See, notice in the Federal Register, July 14, 2009, Vol. 74, No. 133, at Page 34071. Location: Loy Henderson Auditorium, Truman Building, 2201 C St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on pending nominations: David Kappos (to be Director of the U.S. Patent and Trademark Office), Beverly Martin (to be a Judge of the U.S. Court of Appeals for the 11th Circuit), and Jeffrey Viken (USDC/DSDak). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Oversight and Government Reform Committee (HOGRC) will hold a hearing titled "Inadvertent File Sharing Over Peer-to-Peer Networks: How it Endangers Citizens and Jeopardizes National Security". Location: Room 2154, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on pending nominations, including Patricia Cahill to be a member of the Board of Directors of the Corporation for Public Broadcasting. See, notice. Location: Room 253, Russell Building.

Deadline to submit certain initial comments to the Federal Communications Commission (FCC) in response to its supplemental Notice of Inquiry [22 pages in PDF] regarding its preparation of a video competition report for the years ending June 30, 2007, June 30, 2008, and June 20, 2009. This deadline pertains to comments regarding 2009. See, notice in the Federal Register, April 27, 2009, Vol. 74, No. 79, at Pages 19085-19091. See also, story titled "FCC Resumes Its Statutory Obligation to Study Video Competition" in TLJ Daily E-Mail Alert No. 1,886, January 21, 2009, and story titled "FCC Releases Amended NOI on Annual Video Competition Reports" in TLJ Daily E-Mail Alert No. 1924, April 11, 2009.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of July 27.

8:30 AM - 5:00 PM. Day two of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board. See, notice in the Federal Register, July 14, 2009, Vol. 74, No. 133, at Pages 33997-33998. Location: Room 403, George Washington University Cafritz Conference Center, 800 21st St., NW.

10:00 AM. The House Homeland Security Committee (HHSC) will hold a hearing titled "Beyond ISE Implementation: Exploring the Way Forward for Information Sharing". The witnesses will include Thomas McNamara (Office of the Director of National Intelligence), Jeffrey Smith (Markle Foundation), and Joseph Fuentes (New Jersey State Police). The HHSC will webcast this event. Location: Room 311, Cannon Building.

12:00 NOON - 2:00 PM. The District of Columbia Bar Association will host an event titled "Entertainment Law in Review". Most DC Bar events are not open to the public. Prices vary. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, 1101 K St., NW.

2:00 - 4:00 PM. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "A Systems Approach to Improving K-12 STEM Education". Location: Room 2318, Rayburn Building.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding its report titled "Report to NIST on the Smart Grid Interoperability Standards Roadmap''. See, notice in the Federal Register, June 30, 2009, Vol. 74, No. 124, at Page 31254.

The House may meet at 9:00 AM for legislative business. Last scheduled meeting of the House before its August recess.

8:30 AM - 4:00 PM. Day three of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board. The meeting will be closed to the public from 1:00 - 4:00 PM. See, notice in the Federal Register, July 14, 2009, Vol. 74, No. 133, at Pages 33997-33998. Location: Room 403, George Washington University Cafritz Conference Center, 800 21st St., NW.

5:00 PM. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) and the Department of State (DOS) regarding their review of the model Bilateral Investment Treaty (BIT). See, notice in the Federal Register, July 14, 2009, Vol. 74, No. 133, at Page 34071.

6:00 PM. Deadline to submit upfront payments to the Federal Communications Commission (FCC) in advance of 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 reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) regarding commercial use of a radio audience measurement device developed by Arbitron named the portable people meter (PPM). The FCC adopted this NOI on May 15, 2009, and released the text on May 18, 2009. It is FCC 09-43 in MB Docket No. 08-187. See, public notice DA 09-1231, and notice in the Federal Register, June 1, 2009, Vol. 74, No. 103, at Pages 26235-26241.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding its complaint filed with the World Trade Organization (WTO) against the People's Republic of China (PRC) regarding exports of raw materials. See, notice in the Federal Register, July 7, 2009, Vol. 74, No. 128, at Pages 32217-32219.

Effective date for proposed changes to fees collected by the Copyright Office, as announced in its March 15, 2009, report [21 pages in PDF] titled "Analysis and Proposed Copyright Fee Adjustments to Go into Effect on or about August 1, 2009".

Day one of a two day workshop hosted by the National Institute of Standards and Technology (NIST) titled "Third Smart Grid Interoperability Standards Interim Roadmap Public Workshop". See, notice in the Federal Register, July 24, 2009, Vol. 74, No. 141, at Page 36672. Location: Westfields Marriott Washington Dulles, 14750 Conference Center Drive, Chantilly, VA.

Extended deadline for the Department of Commerce's (DOC) International Trade Administration (ITA) to issue the preliminary results of its countervailing duty administrative review regarding dynamic random access memory semiconductors from the Republic of Korea. This pertains to the complaint of Micron Technology, Inc., alleging that Hynix Semiconductor, Inc. is receiving new subsidies. See, notice in the Federal Register, April 14, 2009, Vol. 74, No. 70, at Page 17166.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its further notice of proposed rulemaking (FNPRM) regarding number porting. The FCC adopted and released the text [56 pages in PDF] of this FNPRM on May 13, 2009. It is FCC 09-41 in WC Docket No. 07-244 and CC Docket No. 95-116. See, notice in the Federal Register, July 2, 2009, Vol. 74, No. 126, at Pages 31667-31675.

Effective date of the Federal Communications Commission's (FCC) new number porting rules adopted in its May 13, 2009, Report and Order and Further Notice of Proposed Rule Making [56 pages in PDF]. This item is FCC 09-41 in WC Docket No. 07-244 and CC Docket No. 95-116. See, notice in the Federal Register, July 2, 2009, Vol. 74, No. 126, at Pages 31667-31675.

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