9/29. The U.S. Court of Appeals (FedCir) issued a divided order [11 pages in PDF] denying the petition for panel rehearing and the petition for en banc hearing in SKF v. U.S. Customs and Border Patrol, a case regarding the U.S. protectionist statute know as the "Byrd Amendment" and the "Continued Dumping and Subsidy Offset Act of 2000".

The U.S. Customs and Border Protection denied SKF USA's request for Byrd money on the grounds that it had not been a petitioner and had not supported the petition resulting in the relevant antidumping duty order. SKF challenged the constitutionality of these requirements. The U.S. Court of International Trade held that these requirements violated the First Amendment and the equal protection clause. On February 19, 2009, a three judge panel of the Court of Appeals reversed, in a divided opinion, holding that the Byrd Amendment is constitutional. And now, the just issued order lets stand that February 19 opinion.

Judge Linn wrote a dissent to the panel opinion. He also wrote a dissent to the denial of en banc review. He was joined by Judges Rader, Moore, and Newman.

He wrote that "Because the Byrd Amendment’s ``petition support´´ requirement regulates political speech in violation of the First Amendment, and because the panel’s decision relies on a novel, and in my opinion flawed, analytic framework in sustaining that requirement, I respectfully dissent from the court’s decision not to rehear this case en banc."

This case is SKF USA, Inc. v. U.S. Customs and Border Protection, et al., U.S. Court of Appeals for the Federal Circuit, App. Ct. Nos. 2008-1005, 2008-1006, 2008-1007, and 2008-1008, appeals from the U.S. Court of International Trade. Judge Dyk wrote the opinion of the Court of Appeals, in which Judge Richard Stearns (USDC/DMass) joined.

9/29. Interested parties made further comments about AT&T's September 25, 2009, letter to the Federal Communications Commission regarding Google Voice. See, story titled "AT&T Accuses Google of Call Blocking and/or Violation of Network Neutrality Principles" in TLJ Daily E-Mail Alert No. 1,990, September 27, 2009.

Walter McCormick, head of USTelecom, of which AT&T is a significant member, commented in a release that "The hubris of Google's `do as I say, not as I do´ approach to public policy would be laughable if it were not so serious. In offering voice service, and then engaging in call blocking -- effectively assuming the power to decide who its customer can call and what content they can access -- the nation's number one promoter of increased broadband regulation has arrogated to itself freedom from existing telecommunications regulation, a personal exemption from the FCC’s internet principles, and a pass on the public interest in competitive parity. If the FCC’s rules, principles and precedent are to have any meaning, it is imperative that they be applied equally."

The Computer and Communications Industry Association (CCIA) issued a release that states that the AT&T letter is a "weak attempt to sidetrack net neutrality".

Ed Black, head of the CCIA, stated that "If there was sufficient competition to ensure that unsavory or excessively greedy practices could be objected to by a customer/consumer dropping service and finding a competitor willing to be responsive to their needs, most proponents of net neutrality would not be pressing for formal net neutrality rules."

"Net Neutrality is all about compensating for that lack of competition. In spite of efforts to throw around misleading statistics, meaningful ISP competition does not exist", said Black. "And that is why AT&T's complaint against a simple yet elegant software application is so absurd. There could easily be thousands of similar software applications created by any number of players to compete with Google Voice if its users didn't like the way it was operated. There would be no lock in, no term contract, no wires, cable or fiber to replace, no reliance on particular hardware.  The market place for applications is exploding and barriers to entry are virtually nonexistent ..."

Black added that "The only part of the letter that makes any sense is to point out that the legacy intercarrier compensation and access charge schemes are in need of overhaul, but that is not the fault of any particular application or content provider."

9/24. Rep. Doris Matsui (D-CA) introduced HR 3646 [LOC | WW], the "Broadband Affordability Act of 2009". This bill would amend 47 U.S.C. § 254(j) a bill to require the Federal Communications Commission's (FCC) to expand the scope of its subsidization of phone service for low income customers to also include broadband service.

Rep. Matsui (at right) stated in a release that "millions of Americans cannot afford broadband services ... In today's economic climate, more and more hardworking Americans simply cannot afford to pay up to $60 a month for broadband services. At a time when consumers need the internet more than ever to seek employment assistance, education, health care, and to manage their finances, the internet plays a vital role in our economy."

Section 254 pertains to the FCC's universal service tax and subsidy programs. One such program is titled "Lifeline Assistance Program". Under this program the FCC subsidizes monthly telephone service for certain low income users.

Currently subsection 254(j) merely provides that "Nothing in this section shall affect the collection, distribution, or administration of the Lifeline Assistance Program provided for by the Commission under regulations set forth in section 69.117 of title 47, Code of Federal Regulations, and other related sections of such title."

HR 3646 would add to subsection 254(j) a provision that would create a "Broadband Lifeline Assistance Program". It would require the FCC "to establish a broadband lifeline program that enables qualifying low-income customers residing in urban and rural areas to purchase broadband service at reduced charges by reimbursing providers for each such customer served".

This bill also requires that this new program be "neutral as to the types of technology used to provide broadband service". It further provides that "broadband service provider need not be an eligible telecommunications carrier to receive support under the broadband lifeline program".

This bill was referred to the House Commerce Committee (HCC).

9/22. Rep. Jason Altmire (D-PA) introduced HR 3621 [LOC | WW], the "Call Center Consumer's Right to Know Act", a bill to require employees at a call center who either initiate or receive telephone calls to disclose their location in certain situations.

It provides that "A United States corporation or its subsidiaries that utilizes a call center to initiate telephone calls to, or receive telephone calls from, individuals located in the United States, shall require each employee in the call center to disclose the physical location of such employee at the beginning of each telephone call so initiated or received."

It defines call center as "a location that provides customer-based service and sales assistance or technical assistance and expertise to individuals located in the United States via telephone, the Internet, or other telecommunications and information technology".

Companies that use call centers located in the U.S. to assist customers outside the U.S. would not be required by this bill to disclose their location. This is a xenophobic and protectionist bill.

The bill would give civil enforcement authority to the Federal Trade Commission (FTC). It would also mandate that the FTC write rules within nine months of enactment.

The bill was referred to the the House Commerce Committee (HCC). Rep. Altmire is not a member.

9/23. Rep. Debbie Schultz (D-FL) and Rep. John Culberson (R-TX) introduced HR 3630 [LOC | WW], the "Adolescent Web Awareness Requires Education Act" or "AWARE Act", a bill to create a grant program administered by the Department of Justice (DOJ) to promote internet crime awareness and cybercrime prevention. This is a revised version of HR 3222 [LOC | WW], a bill of the same title introduced by Rep. Schultz on July 15, 2009. These bills were referred to the House Judiciary Committee (HJC). The HJC will hold a hearing on HR 3630 and other bills at 3:00 PM on Wednesday, September 30, 2009.

9/23. Rep. Jane Harman (D-CA) introduced HR 3633 [LOC | WW], an untitled bill that would allow the funding for the interoperable emergency communications grant program established under the Digital Television Transition and Public Safety Act of 2005 to remain available until expended through fiscal year 2012. Sen. Jay Rockefeller (D-WV) and Sen. Kay Hutchison (R-TX) introduced S 1694 [LOC | WW], the companion bill in the Senate, on September 22, 2009. For a summary of the bill, see story titled "Senators Introduce Bill to Extend Interoperable Emergency Communications Grant Program" in TLJ Daily E-Mail Alert No. 1,991, September 28, 2009. HR 3633 was referred to the House Commerce Committee (HCC). Others House bills related to extending this program include HR 1819 [LOC | WW], and HR 3348 [LOC | WW].

9/14. Rep. Albio Sires (D-NJ), Rep. Sheila Lee (D-TX), Rep. Steve Cohen (D-TN), Rep. Jim McDermott (D-WA), Rep. Adam Smith (D-WA), and Rep. Donald Payne (D-NJ) introduced HR 3560 [LOC | WW], the "21st Century Global Health Technology Act", a bill to amend the Foreign Assistance Act of 1961 to establish a Health Technology Program in the U.S. Agency for International Development. It would also authorize the appropriation of $5 Million per year over a five year period. It was referred to the House Foreign Affairs Committee.

9/29. The Federal Communications Commission (FCC) announced in a release that it will hold a "series of workshops" as a part of its "2010 quadrennial review" of its media ownership rules. This release does not disclose the dates or locations of any of these events. Nor does it set any deadlines for submitting requests to the FCC to make presentations at these events. For more information, contact Mania Baghdadi or Amy Brett (FCC's Media Bureau's Industry Analysis Division) at 202-418-2330.

9/29. The Federal Communications Commission (FCC) held an event titled "open meeting". There was a staff presentation on the status of the drafting of a document titled "National Broadband Plan". See, FCC release and presentation slides.

9/29. Federal Communications Commission (FCC) announced that Commissioners Michael Copps and Mignon Clyburn will host an event titled "FCC Field Hearing on Broadband Adoption" in Charleston, South Carolina, on October 6, 2009. See, notice.

9/29. The U.S. Patent and Trademark Office (USPTO) announced in a release that it will extend the deadline for submitting comments regarding its Interim Patent Subject Matter Eligibility Examination Instructions until 30 days after publication of a forthcoming notice to be published in the Federal Register. See also, original notice in the Federal Register, September 17, 2009, Vol. 74, No. 179, at Pages 47780-47781. As of the September 30, 2009, issue of the Federal Register, this extension notice had not yet been published. These instructions are for use in evaluating patent subject matter eligibility, pursuant to 35 U.S.C. § 101, pending the Supreme Court's decision and opinion in Bilski v. Kappos. The Supreme Court granted certiorari on June 1, 2009. See, story titled "Supreme Court Grants Cert in In Re Bilski" in TLJ Daily E-Mail Alert No. 1,945, June 1, 2009. Oral argument is scheduled for November 9, 2009.

9/29. President Obama issued an executive order that extends the duration of numerous advisory committees until September 30, 2001, including:

• President's Council of Advisors on Science and Technology (PCAST)
• President's National Security Telecommunications Advisory Committee (PNSTAC).
• National Infrastructure Advisory Council (NIAC)
• President's Committee on the National Medal of Science
• Trade and Environment Policy Advisory Committee.

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The House will meet at 10:00 AM for legislative business. It will consider numerous non-technology related items under suspension of the rules. See, Rep. Hoyer's schedule for week of September 28, and schedule for September 30.

The Senate will meet at 10:00 AM. It will resume consideration of the conference report on HR 2918 [LOC | WW], the "Legislative Branch Appropriations Act, 2010".

8:20 AM. The Bethesda Chapter of the Armed Forces Communications and Electronics Association (AFCEA) will host a breakfast and panel discussion. One of the speakers will be Bruce McConnell, Counselor to National Protection and Programs Directorate (NPPD) Deputy Under Secretary Phil Reitinger. Prices vary. See, notice. Location: Bethesda North Marriott Hotel, 5701 Marinelli Road, Bethesda, MD.

9:00 AM - 12:15 PM. The Federal Communications Commission (FCC) will hold an event titled "Workshop: Cyber Security". See, FCC web page related to the drafting of a document titled "National Broadband Plan", and web page for this event. Location: FCC, Commission Meeting Room, 445 12th St., SW.

10:00 AM. The House Commerce Committee (HCC) will meet to mark up HR 2221 [LOC | WW], the "Data Accountability and Trust Act", and HR 1319 [LOC | WW], the "Informed P2P User Act". See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Advancing Freedom of Information in the New Era of Responsibility". The witnesses will be Thomas Perrelli (Associate Attorney General), Miriam Nisbet (National Archives and Records Administration), Tom Curley (AP), and Meredith Fuchs (GWU's National Security Archive). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing titled "Eight Years After 9/11: Confronting the Terrorist Threat to the Homeland". The witnesses will be Janet Napolitano (Secretary of Homeland Security), Robert Mueller (Director of the FBI), and Michael Leiter (Office of the Director of National Intelligence). Location: Room 342, Dirksen Building.

10:00 AM. The House Small Business Committee's (HSBC) Subcommittee on Contracting & Technology will hold a hearing titled "Expiring Tax Incentives: Examining their Importance for Small Businesses on the Road to an Economic Recovery". Location: Room 2360, Rayburn Building.

11:00 AM. Janet Napolitano (Secretary of Homeland Security), William Lynn (Deputy Secretary of Defense), Chris Painter (EOP acting Senior Director for Cybersecurity), Rand Beers (DHS National Protection and Programs Directorate Undersecretary), and Michael Kaiser (National Cyber Security Alliance) will speak about "National Cybersecurity Awareness Month". Location: Ronald Reagan Building and International Trade Center, Pavilion Room, 1300 Pennsylvania Ave., NW.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a brown bag lunch titled "The Origins of the Federal Trade Commission". The topic will be "the history of the antitrust laws and U.S. regulatory institutions". The speaker will be Marc Winerman (attorney adviser to FTC Commissioner William Kovacic). To request permission to participate by teleconference, see notice. To request permission to attend, contact Ellen Owens at elowens at jonesday dot com. Location: Jones Day, 7th floor, 300 New Jersey Ave., NW.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Transportation Security and Infrastructure Protection will hold a hearing titled "The Future of the Registered Traveler Program". The HHSC will webcast this hearing. Location: Room 311, Cannon Building.

2:30 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Administrative Oversight and the Courts will hold a hearing titled "Responding to the Growing Need for Federal Judgeships: The Federal Judgeship Act of 2009". See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

3:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Crime will hold a hearing on titled "Cyberbullying and other Online Safety Issues for Children". The hearing will examine HR 1966 [LOC | WW], the "Megan Meier Cyberbullying Prevention Act", and HR 3630 [LOC | WW], the "Adolescent Web Awareness Requires Education Act" or "AWARE Act". The witnesses will be Rep. Linda Sanchez (D-CA), Rep. Debbie Schultz (D-FL), Rep. John Culberson (R-TX), Robert O'Neil (University of Virginia), Judi Warren (Web Wise Kids), Harvey Silverglate (Zalkind Rodriquez Lunt & Duncan), Nancy Willard (Center for Safe and Responsible Internet Use), and John Palfrey (Harvard Law School). See, notice. Location: Room 2141, Rayburn Building.

3:00 - 4:30 PM. The American Bar Association's (ABA) Section of Intellectual Property Law will host a panel discussion, by audio webcast and teleconference, titled "Trademark Fraud on the USPTO: A New Landscape". See, August 31, 2009, opinion [12 pages in PDF] of the U.S. Court of Appeals (FedCir) in In Re Bose, App. Ct. No. 2008-1448. The speakers will be Bill Barber (Pirkey Barber), Beth Chapman (Oblon Spivak), Charles Hieken (Fish & Richardson), and John Welch (Lando & Anastasi). Prices vary. See, notice.

6:00 - 7:30 PM. The DC Bar Association will host an event titled "Making Trademark Owners Whole: An Insightful Overview of Measuring and Proving Trademark Damages". The speakers will be Abram Hoffman and Danny Awdeh (Finnegan Henderson). The price to attend ranges from $20 to $35. Most DC Bar events are not open to the public. This event does not qualify for continuing legal education (CLE) credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

Day two of a two day conference hosted by the Organization for the Advancement of Structured Information Standards (OASIS) titled "Identity Management 2009: Transparent Government: Risks, Rewards, and Repercussions". At about 8:30 AM, Jim Harper (Director of Information Policy Studies at the Cato Institute) will give a keynote speech titled "Identity Systems and People: Understanding the Values that Technical Systems Affect". At 12:00 NOON, Ramaswamy Chandramouli (Supervisory Computer Scientist, Information Technology Laboratory, National Institute of Standards and Technology) will give a speech titled "Perspectives on the Cloud and Standards". At 1:00 PM, Giles Hogben (European Network & Information Security Agency) will give a remote speech titled "Cloud Nine? Assessing the Risks in Cloud Computing". See, conference web site and agenda for September 30. Location: NIST, 100 Bureau Drive, Gaithersburg, MD.

Scheduled date for the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) and the Department of Transportation's (DOT) National Highway Traffic Safety Administration (NHTSA) to approve and announce grant awards under under the E-911 grant program authorized by the ENHANCE 911 Act. See, notice in the Federal Register, June 5, 2009, Vol. 74, No. 107, at Pages 26965-26981, and story titled "NTIA and NHTSA Publish E-911 Grant Program Rules" in TLJ Daily E-Mail Alert No. 1,949, June 5, 2009.

Deadline to submit to the Federal Communications Commission (FCC) nominations for membership on its Technological Advisory Council (TAC). See, notice in the Federal Register, September 8, 2009, Vol. 74, No. 172, at Pages 46198-46199, and FCC Public Notice (DA 09-1979).

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-81 Rev. 1 [118 pages in PDF] titled "Secure Domain Name System (DNS) Deployment Guide".

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) regarding its Notice of Inquiry (NOI) [23 pages in PDF] in its proceeding titled "In the Matter of Implementation of Section 6002(b) of the Omnibus Budget Reconciliation Act of 1993 (and) Annual Report and Analysis of Competitive Market Conditions With Respect to Mobile Wireless including Commercial Mobile Services". (Parentheses added.) This NOI is FCC 09-67 in WT Docket No. 09-66. The FCC adopted and released this NOI on August 27, 2009. See, notice of extension (FCC 09-72).

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) regarding its Notice of Inquiry (NOI) [23 pages in PDF] in its proceeding titled "In the Matter of Fostering Innovation and Investment in the Wireless Communications Market (and) A National Broadband Plan For Our Future". (Parentheses added.) This NOI is FCC 09-66 in GN Docket Nos. 09-157 and No. 09-51. The FCC adopted and released this NOI on August 27, 2009. See, notice of extension (FCC 09-73).

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of September 28.

8:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC) will hold a partially closed meeting. See, notice in the Federal Register, September 16, 2009, Vol. 74, No. 178, at Page 47558. Location: DOC, Room 4830, 14th St. between Pennsylvania and Constitution Aves., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009", and S 1692 [LOC | WW], the "USA PATRIOT Act Sunset Extension Act of 2009". The agenda also includes consideration of four judicial nominees: Joseph Greenaway (to be a Judge of the U.S. Court of Appeals for the 3rd Circuit), Roberto Lange (USDC/DSDak), Irene Berger (USDC/DWVa), and Charlene Honeywell (USDC/MDFl). The SJC rarely follows is published agendas. See, notice. Location: Room 226, Dirksen Building.

POSTPONED. 10:00 AM. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "The Department of Homeland Security’s R&D Priorities for Fiscal Year 2010". The HSC will webcast this hearing. Location: Room 2318, Rayburn Building.

10:30 AM. The Federal Communications Commission (FCC) will hold hearing titled "Capital Formation in the Broadband Sector" to assist it in drafting a "National Broadband Plan". See, release. Location: FCC, Commission Meeting Room, 445 12th St., SW.

2:00 PM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on Information Policy will hold a hearing titled "Requirements and Compliance with the Federal Advisory Committee Act". Location: Room 2154, Rayburn Building.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation by Kate Ho (Columbia). She has published papers on health care markets. Location: FTC, ground floor Conference Center, 601 New Jersey Ave., NW.

Effective date of the Federal Communications Commission's (FCC) rules changes that allow AM stations to use currently authorized FM translators for fill-in service within their current coverage areas. See, notice in the Federal Register, September 1, 2009, Vol. 74, No. 168, at Pages 45126-45131.

Rep. Hoyer's schedule for week of September 28 states that "no votes are expected in the House".

TIME? The Office of the U.S. Trade Representative (OUSTR) will hold a hearing to assist it in preparing its annual report to the Congress on the People's Republic of China's (PRC) compliance with its World Trade Organization (WTO) obligations. See, notice in the Federal Register, August 31, 2009, Vol. 74, No. 167, at Pages 44895-44896. Location: OUSTR, Room 1, 1724, F St., NW.

8:30 AM. Day two of a meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC). See, notice in the Federal Register, September 16, 2009, Vol. 74, No. 178, at Page 47558. Location: DOC, Room 3884, 14th St. between Pennsylvania and Constitution Aves., NW.

8:30 AM - 4:45 PM. George Mason University (GMU) School of Law will host a partially closed event titled "Tragedies of the Gridlock Economy: How Mis-configuring Property Rights Stymies Social Efficiencies". The event is open to the public from 8:30 to 10:30 AM. It is closed from 10:30 AM to 4:45 PM. The closed portion includes panel discussions titled "Patent Thickets", "Relocation of the TV Band", and "Google Books Litigation". At 8:30 AM Michael Heller and Richard Epstein will discuss Heller's book [Amazon] titled "The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives". The speakers for the patent panel will be Michael Meurer (Boston University law school), Scott Kieff (Washington University school of law), and Adam Mossoff (GMU law school). The speakers for the spectrum panel will be Kevin Werbach (University of Pennsylvania business school), Thomas Hazlett (George Mason University law school), and Gerald Faulhaber (University of Pennsylvania business school). The speakers for the Google Books panel will be Doug Lichtman (UCLA law school), Robert Merges (UC Berkeley law school), and Chris Newman (GMU law school). To solicit an invitation to the closed portion of the event, contact iep dot gmu at gmail dot com. Location: GMU School of Law, Arlington, VA.

9:00 -11:30 AM. The American Enterprise Institute (AEI) will host a panel discussion titled "The Supreme Court's Business". The speakers will be Michael Greve (AEI), Brian Brooks (O'Melveny & Myers), John Elwood (Vinson & Elkins), and Jeremy Rabkin (George Mason University Law School). See, notice. Breakfast will be served. Location: AEI, 12th floor, 1150 17th St., NW.

9:30 AM - 4:00 PM. The Federal Communications Commission (FCC) will hold an event titled "Workshop: Diversity and Civil Rights Issues in Broadband Policy". See, FCC web page related to the drafting of a document titled "National Broadband Plan", and web page for this event. Location: FCC, Commission Meeting Room, 445 12th St., SW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [62 pages in PDF] in its proceeding titled "In the Matters of Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act (and) A National Broadband Plan for Our Future". (Parentheses added.) This NOI is FCC 09-65 in GN Docket Nos. 09-137 and 09-51. The FCC adopted this NOI on July 31, 2009, and released the text on August 7, 2009.

Day one of a three day event hosted by the Future of Music Coalition titled "Future of Music Coalition Policy Summit". See, schedule. Location: Gaston Hall and Conference Center, Georgetown University, 37th and O Streets, NW.

There will be no votes in the House.

Day two of a three day event hosted by the Future of Music Coalition titled "Future of Music Coalition Policy Summit". See, schedule. Location: Gaston Hall and Conference Center, Georgetown University, 37th and O Streets, NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hold oral argument in Rural Cellular Association v. FCC, App. Ct. Nos.08-1284 and 08-1285. These are petitions for review of the FCC's order setting a cap on the high cost universal service support subsidies given to competitive eligible telecommunications carriers. See, FCC's brief [PDF]. Judges Tatel, Brown and Williams will preside. Location: 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Peer Communications v. Skype, App. Ct. No. 1069. This is a patent infringement case involving peer to peer communications technology. Location: Courtroom 203.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in IGT v. Alliance Gaming, App. Ct. No. 2009-1110. Location: Courtroom 201.

1:30 - 4:30 PM.The American Enterprise Institute (AEI) will host an event titled "Export Control Reform 2009: Enhancing National Security and Economic Competitiveness". There will be two panels. The first pertains to dual use controls, and the second to military items controls. The speakers on the dual use panel will be Matthew Borman (Department of Commerce), Bill Reinsch (National Foreign Trade Council), Edmund Rice (House staff), and Neena Shenai (AEI). See, notice. Location: AEI, 1150 17th St., NW.

7:00 - 8:30 PM. The National Nanotechnology Coordination Office (NNCO) will host a premeeting for its two day meeting of October 6-7. See, notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Page 49041. Location: Holiday Inn Rosslyn-Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.

7:30 - 9:30 PM. The New America Foundation (NAF) and the Association for Computing Machinery (ACM) will host an event titled "Fun With Key Management". For example, data can be given an expiration date. The speaker will be Radia Perlman (Sun Microsystems). See, notice and registration page. Location: NAF, 4th floor, 1899 L St.,  NW.

Effective date of the Federal Communications Commission's (FCC) rules implementing HR 3403 [LOC | WW], the "New and Emerging Technologies 911 Improvement Act of 2008" or "NET 911 Act". President Bush signed this bill into law on July 23, 2008. The FCC adopted and released its Report and Order [59 pages in PDF] containing these rules on October 21, 2008. It is FCC 08-249 in WC Docket No. 08-171. See also, stories titled "FCC Adopts VOIP 911 Rules" in TLJ Daily E-Mail Alert No. 1,847, October 27, 2008. See also, notice in the Federal Register, July 6, 2009, Vol. 74, No. 127, at Pages 31860-31874.

Deadline to submit comments to the Census Bureau (CB) in response to its "interim final rule" amending the Foreign Trade Regulations (FTR) to eliminate the requirement to report a social security number (SSN) as an identification number when registering to file and filing electronic export information in the Automated Export System (AES) or AESDirect. The CB further states that the "effective date" of this rules change is September 4, 209, and the "implementation date" is December 3, 2009. See, notice in the Federal Register, August 5, 2009, Vol. 74, No. 149, at Pages 38914-38916.

8:00 AM - 5:30 PM. Day one of a two day meeting of the National Nanotechnology Coordination Office (NNCO). See, notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Page 49041. Location: Holiday Inn Rosslyn-Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.

TIME CHANGE. 10:00 - 11:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion regarding policies that spur innovation. The speakers will be Rob Atkinson (ITIF), Stephen Ezell (ITIF), Andrei Cherny, Kevin Huffman, and Robert Wial. See, notice. The ITIF will webcast this event. Location: ITIF, 1101 K St., NW.

1:00 - 2:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a seminar by teleconference titled "Privacy and Information Security Update". The speakers will be Lisa Sotto (Hunton & Williams), Elizabeth Johnson (H&W), Aaron Simpson (H&W), and Erin Egan (Covington & Burling). To request permission to participate, see notice.

Day three of a three day event hosted by the Future of Music Coalition titled "Future of Music Coalition Policy Summit". See, schedule. Location: Gaston Hall and Conference Center, Georgetown University, 37th and O Streets, NW.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding its workshop to be held on October 20, 2009, titled "Workshop: Broadband Accessibility for People with Disabilities II: Barriers, Opportunities and Policy Recommendations". See, Public Notice [10 pages in PDF], DA 09-2080 in GN Docket Nos. 09-47, 09-51, and 09-137.

8:00 AM - 4:00 PM. The Department of Homeland Security's (DHS) National Protection and Programs Directorate's (NPPD) Critical Infrastructure Partnership Advisory Council (CIPAC) will meet. The agenda includes a discussion by critical infrastructure and key resources (CIKR) owners regarding information sharing and cybersecurity. See, notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Page 48998. Location: Grand Ballroom, J.W. Marriott, 1331 Pennsylvania Ave., NW.

8:00 AM - 4:00 PM. Day two of a two day meeting of the National Nanotechnology Coordination Office (NNCO). See, notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Page 49041. Location: Holiday Inn Rosslyn-Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.

9:00 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "Enhancing Universities' Role in Technology Commercialization". The speakers will be Rob Atkinson (ITIF), Krisztina Holly (USC), Desh Deshpande (Sycamore Networks), and Tom Kahil (Executive Office of the President). See, notice. The ITIF will webcast this event. Location: ITIF, 1101 K St., NW.

9:00 AM - 4:00 PM. The National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB) will meet. See, notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Page 48910. Location: NTSB Board Room/Conference Center, 429 L'Enfant Plaza, SW.

STAYED. 10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in Tafas v. Doll, App. Ct. No. 2008-1352. Location: Courtroom 201. See, July 28 order and August 21 order.

10:00 AM - 4:00 PM. The U.S.-China Economic and Security Review Commission will hold one of a series of meetings to consider staff drafts of material for its 2009 Annual Report to Congress. See, notice in the Federal Register, August 5, 2009, Vol. 74, No. 149, at Pages 39145-39146. Location: Conference Room 231, Hall of States, 444 North Capitol St., NW.

11:00 AM. The Supreme Court will hear oral argument in Reed Elsevier v. Muchnick, a case involving the question of whether 17 U.S.C. § 411(a) restricts the subject matter jurisdiction of the federal courts over copyright infringement actions. See, story titled "Supreme Court Grants Cert in Reed Elsevier v. Muchnick" in TLJ Daily E-Mail Alert No. 1,908, March 4, 2009. This case is Reed Elsevier, Inc. v. Muchnick, Sup. Ct. No. 08-103, a petition for writ of certiorari to the U.S. Court of Appeals for the 2nd Circuit, App. Ct. Nos. 05-5943 and 06-0223. The Court of Appeals' opinion is reported at 509 F.3d 116.

12:00 NOON - 1:45 PM. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) and the Department of the Treasury's (DOT) Office of Foreign Assets Controls (OFAC) will host an event titled "interactive brown bag session" and "Export Controls and Sanctions -- Responsibilities of Freight Forwarders". The speakers will be Jessica Brinkman (OFAC Compliance Officer), Kevin Delli-Colli (BIS acting Assistant Secretary), Michael Geffroy (OFAC Assistant Director for Enforcement), and John Reynolds (Wiley Rein). Prices vary. To participate by teleconference, see notice. The ABA asserts that this is an ABA event. Location: Wiley Rein, 1776 K St., NW.

1:00 - 2:00 PM. The Federal Trade Commission (FTC) will host a "brown bag program" titled "Recent Developments: Assessing the Behavioral Advertising Landscape" and "overview of the latest legislative, regulatory, and policy developments affecting online behavioral advertising". See also, FTC report [PDF] titled "Self-Regulatory Principles For Online Behavioral Advertising" and story titled "FTC Releases Report on Online Behavioral Advertising" in TLJ Daily E-Mail Alert No. 1,899, February 13, 2009. The speakers will be Peder Magee (Federal Trade Commission), Katie Harrington-McBride (FTC), Susan Grant (Consumer Federation of America), Benjamin Rickert (Microsoft), and Dominique Shelton (Wildman Harrold). To request permission to participate by teleconference, see notice. The ABA asserts that this is an ABA event.