9/1. The U.S. Court of Appeals (3rdCir) issued its opinion [10 pages in PDF] in Interactive Media Entertainment & Gaming Association v. US, a constitutional challenge to the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA). The Court of Appeals affirmed the District Court's dismissal of the plaintiff's complaint.

UIGEA. The 109th Congress enacted the Unlawful Internet Gambling Enforcement Act (UIGEA) as one component of an unrelated port security bill. This bill was HR 4954 (109th), the "Port Security Improvement Act of 2006". It is now Public Law No. 109-347. Title VIII of this bill is the UIGEA. See, story titled "House and Senate Approve Port Security Bill With Tech Provisions" in TLJ Daily E-Mail Alert No. 1,461, October 4, 2006. The UIGEA is codified at 31 U.S.C. § 5361, et seq.

The UIGEA is an attempt to stop internet gambling by regulating the financial transactions that fund what already constitutes unlawful internet gambling. It provides that no one engaged in the "business of betting or wagering" may knowingly accept certain financial transactions, including checks, electronic fund transfers, and credit card debt, in connection with "unlawful Internet gambling".

The UIGEA required the Department of the Treasury (DOT) and the Federal Reserve Board (FRB) to write regulations that require each "designated payment system" to identify and block these restricted transactions through the establishment of policies and procedures. It required each "financial transaction provider" to comply with these DOT/FRB regulations.

See also, story titled "House Approves Unlawful Internet Gambling Enforcement Act" in TLJ Daily E-Mail Alert No. 1,408, July 11, 2006, and story titled "House Financial Services Committee Approves Internet Gambling Bill" in TLJ Daily E-Mail Alert No. 1,330, March 16, 2006.

District Court. The Interactive Media Entertainment & Gaming Association, Inc. (IMEGA) represents businesses that provide gaming services, including internet gambling.

It filed a complaint in the U.S. District Court (DNJ) against the Attorney General of the U.S., the FRB and the Federal Trade Commission (FTC) alleging the the UIGEA violates the First Amendment (association, speech, and void for vagueness), violates the privacy rights of gamblers to gamble in their homes, violates the 10th Amendment, and violates the treaty obligations of the U.S., and seeking declaratory and injunctive relief.

The District Court dismissed the complaint. This appeal followed.

Court of Appeals. The Court of Appeals affirmed.

On appeal, the IMEGA argued that the statute is void for vagueness, and focused on the UIGEA's phrase "unlawful Internet gambling".

The Court rejected this argument. It wrote that the UIGEA "prohibits a gambling business from knowingly accepting certain financial instruments from an individual who places a bet over the Internet if such gambling is illegal at the location in which the business is located or from which the individual initiates the bet." It concluded that "Thus, the Act clearly provides a person of ordinary intelligence with adequate notice of the conduct that it prohibits."

The Court continued that the facts that the UIGEA incorporates other federal or state laws related to gambling, and that state laws vary considerably, do not render the prohibition void for vagueness. Nor does the gambling businesses' inability to ascertain the location of gamblers make the statute defective.

The IMEGA also asserted on appeal that the UIGEA violates the privacy rights of individual gamblers. The District Court rejected this argument on the grounds that the IMEGA does not have standing to assert this claim.

The Court of Appeals wrote that "We share the District Court’s doubts regarding Interactive's standing to assert these claims, particularly because Interactive does not itself have any relationship with individual gamblers, but rather seeks to assert third-party standing based on its members' relationships with such gamblers. However, as noted above, the limitations on third-party standing are prudential requirements developed by the courts, not jurisdictional requirements imposed by Article III of the constitution. Accordingly, we need not decide whether Interactive has standing because, even assuming that it does, we agree with the District Court that Interactive's claim clearly fails on the merits."

It elaborated that "Gambling, even in the home, ... is not protected by any right to privacy under the constitution".

This case is Interactive Media Entertainment & Gaming Association, Inc. v. Attorney General of the U.S., et al., U.S. Court of Appeals for the 3rd Circuit, App. Ct. No. 08-1981, an appeal from the U.S. District Court for the District of New Jersey, D.C. No. 3-07-cv-02625, Judge Mary Cooper presiding. Judge Sloviter wrote the opinion of the Court of Appeals, in which Judges Ambro and Jordan joined.

9/10. The U.S. Court of Appeals (9thCir) issued its divided opinion [32 pages in PDF] in EEOC v. Go Daddy, an employment discrimination case. Go Daddy, a domain name registrar, terminated a Muslim employee who was a call center and web board manager. The Equal Employment Opportunity Commission (EEOC) filed a complaint in the U.S. District Court (DAriz) on behalf of the employee alleging unlawful termination in retaliation for engaging in protected activity. The trial jury returned a verdict for the EEOC, and awarded the employee $5,000 for mental and emotional distress, $135,000 for lost earnings, and $250,000 in punitive damages. The employee was a Muslim, and he was terminated. But, the lengthy majority opinion affirmed the judgment of the District Court without pining down the discriminatory or retaliatory conduct, or just what the protected activity was. This case is Equal Employment Opportunity Commission v. GoDaddy Software, Inc., U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 07-16190, an appeal from the U.S. District Court for the District of Arizona, D.C. No. CV-04-02062-DGC. Judge William Fletcher wrote the opinion of the Court of Appeals, in which Judge Wallace Tashima joined. Judge John Noonan wrote a dissent.

9/9. The U.S. Court of Appeals (9thCir) issued its divided opinion [17 pages in PDF] in Jackson v. Rent-A-Center West, a case regarding whether an arbitration clause in an employment contract is unenforceable as unconscionable. This case is Antonio Jackson v. Rent-A-Center West, Inc., U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 07-16164, an appeal from the U.S. District Court for the District of Nevada, D.C. No. CV-07-00050-LRH/RAM.

9/3. The U.S. Court of Appeals (7thCir) issued its opinion in Auto Owners Insurance Company v. Websolv Computing, a case regarding whether an action alleging the sending of an unsolicited fax in violation of the Telephone Consumer Protection Act (TCPA) is covered by a commercial general liability contract that covers advertising injuries. In this diversity declaratory judgment action brought by the insurer in the U.S. District Court (NDIll), which turned on state law, and the question of which state's law to apply, the Court of Appeals held that the contract does not obligate the insurer to defend and indemnify its insured in the underlying TCPA action. This case is Auto Owners Insurance Company v. Websolv Computing, et al., U.S. Court of Appeals for the 7th Circuit, App. Ct. No. 07-3286, an appeal from the U.S. District Court for the Northern District of Illinois, Eastern Division, D.C. No. 06 C 2092, Judge Charles Norgle presiding.

9/2. The U.S. Court of Appeals (3rdCir) issued an opinion [43 pages in PDF] in In Re Unisys, a class action ERISA case regarding termination of post retirement medical benefits. The Court of Appeals affirmed the judgment of the District Court for the retiree plaintiffs. This case is In Re Unisys Corporation Retiree Medical Benefit ERISA Litigation, U.S. Court of Appeals for the 3rd Circuit, App. Ct. Nos. 07-3369, 08-3025, 08-3545, 07-3491 and 08-3430, appeals from the U.S. District Court for the Eastern District of Pennsylvania, D.C. No. 03-cv-03924.

8/31. The U.S. Court of Appeals (9thCir) issued an amended opinion in Mohamed v. Jeppeson Dataplan, a case regarding the state secrets privilege. The Court also wrote that "Defendant-Appellee's Petition for Rehearing and Rehearing En Banc, filed June 12, 2009, and Intervenor-Appellee's Petition for Rehearing or Rehearing En Banc, filed June 12, 2009, remain pending before this court", and "Future petitions for rehearing or rehearing en banc from this Order will not be entertained." The Court of Appeals issued its original opinion on April 28, 2009. See also, story titled "9th Circuit Rules in State Secrets Case" in TLJ Daily E-Mail Alert No. 1,933, April 29, 2009. This case is Binyam Mohamed, et al. v. Jeppesen Dataplan, Inc., U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 08-15693, an appeal from the U.S. District Court for the Northern District of California, D.C. No. 5:07-CV-02798-JW, Judge James Ware presiding. Judge Michael Hawkins wrote the opinion of the Court of Appeals, in which Judges Mary Schroeder and William Canby joined.

8/31. The U.S. Court of Appeals (9thCir) issued its opinion [27 pages in PDF] in Hilton v. Hallmark Cards, a case brought by Paris Hilton against Hallmark Cards for using her image and catch phrase in a greeting card. She alleged misappropriation of publicity under California common law, false designation under the Lanham Act, 15 U.S.C. § 1125(a), and infringement of a federally registered trademark. The District Court dismissed the trademark claim, and Hilton did not appeal that dismissal. The District Court denied Hallmark's motion to dismiss the Lanham Act Claim, and its motion to dismiss the right of publicity claim under California's anti-SLAPP statute. This interlocutory appeal followed. The Court of Appeals affirmed in part, dismissed in part and remanded in part. This case is Paris Hilton v. Hallmark Cards, U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 08-55443, an appeal from the U.S. District Court for the Central District of California, D.C. No. 2:07-cv-05818-PA-AJW, Judge Percy Anderson presiding.

9/9. A grand jury of the U.S. District Court (EDVa) returned an indictment that charges Adil R. Cassim, Bennie Glover, Matthew D. Chow, and Edward L. Mohan with conspiracy to commit criminal copyright infringement. The Department of Justice (DOJ) stated in a release that they were members of a music piracy group named "Rabid Neurosis". The DOJ added that it has also charged by information Patrick L. Saunders and James A. Dockery with conspiracy to commit copyright infringement.

9/4. The U.S. Attorneys Office for the District of Columbia announced in a release [PDF] the arraignment of Edgar D. Romero on a 40 count indictment that charges First and Third Degree Sexual Abuse while Armed, Kidnapping while Armed, Burglary while Armed, Robbery while Armed, felony Credit Card fraud, and Possession of a Firearm During a Crime of Violence . The indictment charges Romero with committing these crimes against five women whom he met through Craigslist postings for "erotic services".

9/2. James J. Treacy, former P/CEO of Monster Worldwide, was sentenced to serve two years in prison, ordered to pay $6,332,995 in restitution, and ordered to forfeit $6,332,995, following his May 2009 conviction for securities fraud, in connection with his involvement in the backdating of employee stock option grants. See, Department of Justice (DOJ) release.

8/28. Karen L. Parish, a former financial analyst at the U.S. Patent and Trademark Office (USPTO), pled guilty in U.S. District Court (EDVa) to conspiracy to commit wire fraud in connection with the embezzlement of USPTO funds. The Department of Justice (DOJ) stated in a release that "She managed an account to which PTO customers deposited funds that were to be used to pay expenses incurred in processing their patent and trademark applications. Parish transferred funds from this account to accounts controlled by co-conspirator Michael Reid. Parish fraudulently concealed the transfers by falsely making them look like refund payments to PTO customers. During the course of the conspiracy, Parish and Reid stole $534,338.55 from the PTO. Reid previously pleaded guilty on August 10, 2009."

8/26. The Department of Justice (DOJ) announced the sixth in a series of guilty pleas by former Department of State (DOS) employees to unauthorized access to computer systems of the DOS in violation of 18 U.S.C. § 1030. See also, story titled "Former State Department Employee Pleads to § 1030 Violation" in TLJ Daily E-Mail Alert No. 1,884, January 15, 2009.

8/25. The Department of Justice (DOJ) filed an information in the U.S. District Court (NDCal) that charges Epson Imaging Devices Corporation with conspiracy to fix prices in violation of 15 U.S.C. § 1. The DOJ also announced that it entered into a plea agreement with Epson under which it agrees to plead guilty, and pay a fine of $26 Million. This is another in a series of antitrust cases involving the sale of Thin Film Transistor-Liquid Crystal Display panels (TFT-LCD). See, DOJ release. See also, stories titled "DOJ Brings and Settles Criminal Price Fixing Actions Against LCD Makers" in TLJ Daily E-Mail Alert No. 1,855, November 11, 2008, "DOJ Obtains TFT-LCD Price Fixing Indictment" in TLJ Daily E-Mail Alert No. 1,890, February 3, 2009, and "DOJ Brings Another LCD Price Fixing Action" in TLJ Daily E-Mail Alert No. 1,913, March 16, 2009. And see, "More News" in TLJ Daily E-Mail Alert No. 1,921, April 1, 2009, and TLJ Daily E-Mail Alert No. 1,931, April 27, 2009.

8/18. A grand jury of the U.S. District Court (NDCal) returned another indictment charging Wen Jun Cheng with violation of 15 U.S.C. § 1 in connection with TFT-LCD price fixing. See also, story regarding first indictment, "DOJ Obtains TFT-LCD Price Fixing Indictment" in TLJ Daily E-Mail Alert No. 1,890, February 3, 2009.

8/17. A grand jury of the U.S. District Court (SDFl) returned a two count indictment that charges Albert Gonzales with conspiracy to engage in wire fraud, and conspiracy, in connection with computer hacking activities. The Department of Justice (DOJ) stated in a release [PDF] that he conspired "to hack into computer networks supporting major American retail and financial organizations", and stole "data relating to more than 130 million credit and debit cards". The DOJ added that Gonzalez and others used a SQL injection attack. Gonzalez is already in federal custody in connection with another hacking related charge.

8/14. Sarosh Mir pled guilty in U.S. District Court (DC) to conspiracy to commit wire fraud in connection with his involvement in a bribery and kickback scheme. He previously worked for an information technology business, Advanced Integrated Technology Corporation (AITC), that contracted with the District of Columbia. The Department of Justice (DOJ) stated in a release that he submitted "false and fraudulent time sheets and invoices that reflected inflated work hours for some employees, as well as submitting false and fraudulent time sheets and invoices for ``ghost employees´´".

9/10. The National Telecommunications and Information Administration (NTIA) published a notice in the Federal Register regarding its State Broadband Data and Development Grant Program. This notice states that "All amended budgets must be submitted to NTIA no later than 11:59 p.m. ET on September 15, 2009". See, Federal Register, September 10, 2009, Vol. 74, No. 174, at Pages 46573-46574.

9/9. The National Telecommunications and Information Administration (NTIA) issued a release regarding broadband mapping and its State Broadband Data and Development Grant Program. The NTIA announced that "it has received applications representing all 50 states, 5 territories, and the District of Columbia to participate in NTIA's State Broadband Data and Development Grant Program, which will assist NTIA in creating a national broadband map". It added that it "is currently reviewing the applications and plans to announce funding decisions beginning in the early fall".

9/10. The Institute for Policy Innovation (IPI) released a statement regarding the Federal Communications Commission's (FCC) universal service tax and subsidy programs. "Without a vote by Congress or a signature from the President, the unelected members of the Federal Communications Commission (FCC) have determined that despite recession, the highest unemployment in decades and rampant government spending, now is the time to hike a tax that almost every telephone user must pay. The FCC has raised the Universal Service Fund (USF) tax to 12.9%, up from 9.5%." The IPI added that it is "too large, too redistributive, largely unnecessary", and a "stealth tax". The IPI also stated that it is a system of "price controls, subsidies, and transfer payments that discourages new entrants and reduces incentives to develop and deploy low-cost technologies".

9/9. The Federal Communications Commission (FCC) announced that it will hold an event titled "open meeting" on September 29, 2009. The only item on the agenda is a staff report on the status of the FCC drafting of document titled "National Broadband Plan".

9/8. The Government Accountability Office (GAO) released a report [43 pages in PDF] titled "Information Technology: DOD Needs to Strengthen Management of Its Statutorily Mandated Software and System Process Improvement Efforts".

9/2. The Department of Homeland Security (DHS) and Department of State (DOS) announced in a release that members of the U.S.-Mexico High-Level Consultative Commission on Telecommunications (HLCC) "have signed a bilateral telecommunications agreement to support a new cross border communications network for public safety and law enforcement organizations focused on strengthening border security".

9/1. eBay and Skype announced in a release that it "has signed a definitive agreement to sell its Skype communications unit in a deal valuing the business at $2.75 billion. The buyer, who will control an approximately 65 percent stake, is an investor group led by Silver Lake and includes Index Ventures, Andreessen Horowitz and the Canada Pension Plan (CPP) Investment Board."

The House will meet at 10:00 AM for legislative business. It will consider HR 965 [LOC | WW], the "Chesapeake Bay Gateways and Watertrails Network Continuing Authorization Act". See, Rep. Hoyer's schedule for week of September 7 and schedule for September 10.

The Senate will meet at 9:30 AM for morning business. It will then consider the nomination of Cass Sunstein to be Administrator of the OMB Office of Information and Regulatory Affairs.

8:15 AM - 12:45 PM. The U.S. China Economic and Security Review Commission will hold a hearing titled "China's Media and Information Controls -- The Impact in China and the United States". See, notice in the Federal Register, August 18, 2009, Vol. 74, No. 158, at Pages 41784-41785. Location: Room 562, Dirksen Building, Capitol Hill.

9:00 AM - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee (CAC) will meet. See, August 24, 2009, public notice, and notice in the Federal Register, August 31, 2009, Vol. 74, No. 167, at Pages 44843-44844. The Federal Register notice states that the CAC "is expected to consider an outline of its recommendations to be submitted in connection with the National Broadband Plan Notice of Inquiry (NOI), Docket 09-51". Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

9:30 - 11:30 AM. The Free State Foundation (FSF) will host an event discuss and release a book titled "New Directions in Communications Policy". It is a collection of essays by Gerald Brock, Diane Disney, Richard Epstein, Randolph May, John Mayo, Bruce Owen, Glen Robinson, James Speta, Dennis Weisman, Steven Wildman, and Christopher Yoo. RSVP to Susan Reichbart at sreichbart at freestatefoundation dot org. Location: Murrow Room, National Press Club, 13th floor, 529 14th St., NW.

10:00 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Competition and Commerce in Digital Books". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology, and the Internet will hold a hearing titled "Oversight of the American Recovery and Reinvestment Act: Broadband, Part 2". The witnesses will be Larry Strickling (NTIA) and Jonathan Adelstein (RUS). See, notice. Location: Room 2123 Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009". These bills have been on many previous agendas. The agenda also includes consideration of the nominations of Beverly Martin (to be a Judge of the U.S. Court of Appeals for the 11th Circuit), Jeffrey Viken (USDC/South Dakota), Neil MacBride (U.S. Attorney for the Eastern District of Virginia), Peter Neronha (U.S. Attorney for the District of Rhode Island), Daniel Bogden (U.S. Attorney for the District of Nevada), and Dennis Burke (U.S. Attorney for the District of Arizona). See, notice. Location: Room 226, Dirksen Building.

1:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Asia, the Pacific and the Global Environment will hold a hearing titled "U.S.-China Relations: Maximizing the Effectiveness of the Strategic and Economic Dialogue". See, notice. Location: Room 2172, Rayburn Building.

Day one of a two day event hosted by the National Defense Industrial Association (NDIA) titled "2009 Homeland Security Symposium and Exhibition". At 9:00 to 10:30 AM there will be a panel discussion titled "Securing Cyberspace and America’s Cyber Assets: Threats, Strategies and Opportunities". The speakers will include DHS Assistant Secretary for Cybersecurity and Communications Gregory Schaffer. See, event web site. Location: Arlington Crystal Gateway Marriott, 1700 Jefferson Davis Hwy., Arlington, VA.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding additional spectrum for the Medical Device Radiocommunication Service. The FCC adopted this NPRM on March 17, 2009, and released the text on March 20, 2009. It is FCC 09-20 in ET Docket No. 09-36 and RM-11404. See, notice in the Federal Register, May 13, 2009, Vol. 74, No. 91, at Pages 22491-22498.

The House will not meet. It will next meet at 12:30 PM on September 14.

The Senate will meet at 9:30 AM for morning business. It will then resume consideration of HR 3288 [LOC | WW], the "Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2010".

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Hewlett Packard v. Acceleron, App. Ct. No. 2009-1283. Location: Courtroom 402.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Perfect Web Technologies v. Infousa, App. Ct. No. 2009-1105. Location: Courtroom 201.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR 7581 [32 pages in PDF] titled "System and Network Security Acronyms and Abbreviations".

Deadline to submit comments to the Department of Homeland Security's (DHS) Homeland Security Advisory Council (HSAC) regarding the findings and recommendations of the HSAC's Homeland Security Advisory System Task Force. The HSAC will meet by teleconference on this subject on September 15, 2009. See, notice in the Federal Register, September 8, 2009, Vol. 74, No. 172, at Pages 46215-46216.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-73 -3 titled "Interfaces for Personal Identity Verification".

10:00 AM. The Senate Homeland Security and Government Affairs Committee (HSGAC) will hold a hearing titled "Cyber Attacks: Protecting Industry Against Growing Threats". The witnesses will be Philip Reitinger (DHS Deputy Under Secretary, National Protection and Programs Directorate), Michael Merritt (U.S. Secret Service), William Nelson (Financial Services Information Sharing and Analysis Center), and Robert Carr (P/CEO of Heartland Payment Systems). See, notice. Location: Room 342, Dirksen Building.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) Privacy and Data Security Committee will host a brown bag lunch regarding "FCC Form 323 Ownership Report Privacy issues and resolutions, behavioral advertising updates, new developments in privacy law, and Committee objectives for the year". Register with Meena Joshi at mjoshi at ustelecom dot org. Location: USTelecom, Suite 400, 607 14th St.,  NW.

Deadline to submit nominations to the Department of Commerce's (DOC) National Oceanic and Atmospheric Administration (NOAA) for membership on the NOAA Science Advisory Board (SAB). See, notice in the Federal Register, July 16, 2009, Vol. 74, No. 135, at Page 34559.

RESCHEDULED FOR DECEMBER 1 and 2. The Federal Trade Commission (FTC) will hold the first in a series of workshops titled "Can News Media Survive the Internet Age? Competition, Consumer Protection, and First Amendment Perspectives". See, original FTC release, and notice of postponement.

12:30 - 2:00 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Committee will host a brown bag lunch to discuss "upcoming activities and your suggestions for the new 2009-2010 year". For more information, contact Karen Higa at 202-974-5764 or email to khiga at chadbourne dot com. Location: Chadbourne & Parke,1200 New Hampshire Ave., NW.

1:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing titled "Mandatory Binding Arbitration -- Is it Fair and Voluntary?". See, notice. See also, HR 1020 [LOC | WW], and S 931 [LOC | WW], both titled the "Arbitration Fairness Act of 2009". Many information and communications technology companies, including wireless communications service providers, include arbitration clauses in consumer contracts. Location: Room 2141, Rayburn Building.

5:00 - 6:00 PM. The Department of Homeland Security's (DHS) Homeland Security Advisory Council (HSAC) will meet by teleconference to review the findings and recommendations of the HSAC's Homeland Security Advisory System Task Force. See, notice in the Federal Register, September 8, 2009, Vol. 74, No. 172, at Pages 46215-46216.

11:59 PM. Deadline to submit to the National Telecommunications and Information Administration (NTIA) all amended budgets in connection with applications for grants under its State Broadband Data and Development Grant Program. See, notice in the Federal Register September 10, 2009, Vol. 74, No. 174, at Pages 46573-46574.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the free trade agreement (FTA) between the U.S. and Korea. Representatives of the two nations signed this FTA back on June 30, 2007. Democrats in the Congress have declined to approve it. This FTA includes technology related provisions. See, text of the FTA, and sections regarding telecommunications [17 pages in PDF], electronic commerce [4 pages in PDF], and intellectual property rights [35 pages in PDF]. See, notice in the Federal Register, July 27, 2009, Vol. 74, No. 142, at Page 37084.

12:00 NOON. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the free trade agreement (FTA) between the U.S. and Columbia. Representatives of the two nations signed this FTA back on November 22, 2006, and amendments on June 28, 2007. Democrats in the Congress have declined to approve it. This FTA includes technology related provisions. See, notice in the Federal Register, July 29, 2009, Vol. 74, No. 144, at Pages 37759-37760.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an oversight hearing on the Federal Bureau of Investigation (FBI). FBI Director Robert Mueller will testify. Location: Room 226, Dirksen Building.

5:30 - 6:30 PM. The DC Bar Association will host an event titled "E-Discovery, Sanctions, and the Bench: Have the Courts Gone Too Far?". The speaker will be John Facciola (U.S. District Court). The price to attend ranges from $15 to $35. Most DC Bar events are not open to the public. See, notice. For more information, call 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

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 Micah Caldwell at mcaldwell at fh-law dot com, Stefanie Desai at szdesai at mintz dot com, or Darren Abernethy at djabernethy at mintz dot com. Location: Elephant & Castle, 900 19th St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR 7621 [20 pages in PDF] titled "Small Business Information Security: The Fundamentals".

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009". These bills have been on many previous agendas. The agenda also includes consideration of the nominations of Paul Fishman to be the U.S. Attorney for the District of New Jersey and Jenny Durkan to be the U.S. Attorney for the Western District of Washington. See, notice. Location: Room 226, Dirksen Building.

2:00 PM. the Senate Judiciary Committee's (SJC) Subcommittee on Crime will hold a hearing on S 1551 [LOC | WW], the "Liability for Aiding and Abetting Securities Violations Act of 2009". See, notice. The bill would address the Supreme Court's 2008 opinion [33 pages in PDF] in Stoneridge Investment Partners v. Scientific-Atlanta, 522 U.S. 148. See also, stories titled "Supreme Court Rules in Stoneridge v. Scientific Atlanta" in TLJ Daily E-Mail Alert No. 1,701, January 16, 2008, "Supreme Court Grants Cert in Stoneridge Investment v. Scientific-Atlanta" in TLJ Daily E-Mail Alert No. 1,557, March 27, 2007, and "Supreme Court to Consider 10b Liability of Stock Issuers' Vendors" in TLJ Daily E-Mail Alert No. 1,625, August 21, 2007. Location: Room 226, Dirksen Building.

6:00 - 9:15 PM. The DC Bar Association will host an event titled "Privacy in Today's Workplace". The speakers will be Gerard Stegmaier (Wilson Sonsoni) and Charles Henter. The price to attend ranges from $89 to $129. Most DC Bar events are not open to the public. This event qualifies for continuing legal education (CLE) credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-38 E [7 pages in PDF] titled "Recommendation for Block Cipher Modes of Operation: The XTS-AES Mode for Confidentiality on Block-Oriented Storage Devices".

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