9/30. The Department of Commerce (DOC) and the Internet Corporation for Assigned Names and Numbers (ICANN) signed and released a document titled, in part, "Affirmation of Commitments".

The ICANN was created in 1998, and governed by a Memorandum of Understanding (MOU) with the DOC. The MOU was amends numerous times. The latest version is known as the Joint Project Agreement (JPA).

The just released document states that the "DOC affirms its commitment to a multi-stakeholder, private sector led, bottom-up policy development model for DNS technical coordination ..." It adds, "ICANN is a private organization and nothing in this Affirmation should be construed as control by any one entity."

This document states that the ICANN commits to be more open, transparent and accountable. It commits to preserve the security, stability and resiliency of the domain name system (DNS). It commits to "maintain the capacity and ability to coordinate the Internet DNS at the overall level and to work for the maintenance of a single, interoperable Internet".

The ICANN also commits to remain headquartered in the U.S. It is based in Marina del Rey, California now.

The document also provides for a review process. It states that the "ICANN will organize a review of its execution of the above commitments no less frequently than every three years, with the first such review concluding no later than December 31, 2010. The review will be performed by volunteer community members and the review team will be constituted and published for public comment, and will include the following (or their designated nominees): the Chair of the GAC, the Chair of the Board of ICANN, the Assistant Secretary for Communications and Information of the DOC, representatives of the relevant ICANN Advisory Committees and Supporting Organizations and independent experts. Composition of the review team will be agreed jointly by the Chair of the GAC (in consultation with GAC members) and the Chair of the Board of ICANN." (Parentheses in original.) The GAC is the ICANN's Governmental Advisory Committee.

Finally, the document states that "The agreement is intended to be long-standing", but "Any party may terminate this Affirmation of Commitments by providing 120 days written notice to the other party."

Larry Strickling (at right), head of the DOC's National Telecommunications and Information Administration (NTIA), stated in a release that this "bolsters the long-term viability of the Internet as a force for innovation, economic growth, and freedom of expression".

He continued that "This framework ... establishes processes for stakeholders around the world to review ICANN's performance. The Affirmation of Commitments also reinforces a long-standing relationship between ICANN and the Department of Commerce. The Department looks forward to playing an active role along with other stakeholders in ensuring that ICANN is successful, accountable, and transparent."

Sen. Jay Rockefeller (D-WV), Chairman of the Senate Commerce Committee (SCC), stated in a release that "This partnership is a great step toward improved public-private coordination to ensure the Internet is secure and functional for all users. For the millions of Americans who use the Internet daily, I am pleased we have implemented a sound framework to improve the decision-making processes that support this valuable resource."

Rep. Henry Waxman (D-CA), Chairman of the House Commerce Committee (HCC) stated in a release that "This agreement is a perfect example of how a public-private partnership can work to the advantage of all stakeholders ... It will help insure that the Internet remains stable and secure for the people around the world who use it for work, study, entertainment, or to stay in touch with family and friends."

Rep. Rick Boucher (D-VA), Chairman of the HCC's Subcommittee on Communications, Technology and the Internet, stated in the same release that "I am pleased that the NTIA and ICANN have decided to enter into a permanent agreement that will ensure the transparency and accountability of ICANN to the benefit of all users of the Internet and that includes periodic reviews of ICANN performance".

Viviane Reding (at left), the European Commissioner for Information Society and Media, stated in her web site that she "welcomed" this agreement. She stated that the ICANN "will become more open and accountable to billions of internet users worldwide."

The ICANN "will no longer be subject to the unilateral review by the US Department of Commerce, but by independent review panels appointed by ICANN's Governmental Advisory Committee (GAC) and ICANN itself with the involvement of governments around the world."

She concluded that "The European Commission is strongly committed to accompany and support the implementation of the reforms announced today, in close cooperation with the EU's 27 Member States."

Mark Bohannon of the Software & Information Industry Association (SIIA) stated in a release that the "SIIA welcomes the renewed partnership ... as the next step in building confidence in the multi-stakeholder, private sector led model ..."

9/30. The House Commerce Committee (HCC) amended and approved HR 1319 [LOC | WW], the "Informed P2P User Act" by voice vote.

The HCC approved an amendment in the nature of a substitute [7 pages in PDF] that replaces the bill as introduced. For a summary of the bill as introduced by Rep. Mary Bono (R-CA) on March 5, 2009, see story titled "House Commerce Committee to Mark Up Informed P2P User Act" in TLJ Daily E-Mail Alert No. 1,992, September 29, 2009.

Rep. Bono (at right) stated "Too many people aren't aware of the risks associated with using popular peer-to-peer file-sharing programs ... When users login to these P2P programs, they could be inadvertently sharing ALL of their personal information with everyone else on the network, including tax returns, financial records, personal messages and family photos. The problem of inadvertent file-sharing has gone on for too long and has already compromised millions of personal files, in addition to our national security." See, release.

Rep. Henry Waxman (D-CA), the Chairman of the full Committee, wrote in his opening statement that "We are all too familiar with the danger of inadvertent sharing of sensitive information through the use, or misuse, of certain file sharing programs. Tax returns, medical files, and even classified government documents have been found on these networks.

Rep. Joe Barton (R-TX), the ranking Republican on the HCC, wrote in his opening statement that "Despite some effort by some in the industry, there has been no consensus solution developed to address the problem. H.R 1319 establishes a clear notice-and-consent regime."

The amendment in the nature of a substitute makes significant changes. The bill as introduced covered anyone who causes or induces, not just the maker of the software. The amended version applies only to a "covered entity", which means "a commercial entity that develops a covered file-sharing program" and a "commercial entity that disseminates or distributes a covered file-sharing program and is owned or operated by the commercial entity that developed the covered file-sharing program".

Also, the bill as introduced contained an overbroad definition of "peer-to-peer file sharing program" that would have encompassed more programs than those that have resulted in inadvertent file sharing that harms the user's privacy or security. The amended version tightens the definition, and enumerates several types of programs that are excluded.

The bill as amended first mandates a notice and consent regime. This includes both notice to users that their files can be copied, and notice of which copies can be copied. It provides as follows:

"It is unlawful for any covered entity to install on a protected computer or offer or make available for installation or download on a protected computer a covered file-sharing program unless such program--
   (A) immediately prior to the installation or downloading of such program -- (i) provides clear and conspicuous notice that such program allows files on the protected computer to be made available for searching and copying to one or more other computers; and (ii) obtains the informed consent to the installation of such program from an owner or authorized user of the protected computer; and
   (B) immediately prior to initial activation of a file-sharing function of such program -- (i) provides clear and conspicuous notice of which files on the protected computer are to be made available for searching and copying to another computer; and (ii) obtains the informed consent from an owner or authorized user of the protected computer for such files to be made available for searching and copying to another computer."

The amendment also adds a provision regarding pre-installed software. The above quoted requirement does not apply to the "installation of a covered file-sharing program on a computer prior to the first sale of such computer to an end user, provided that notice is provided to the end user who first purchases the computer that such a program has been installed on the computer."

Next, the bill as amended prohibits the blocking of peer to peer software installation, as well as failing to provide users an effective means to uninstall its peer to peer software. It provides as follows:

"It is unlawful for any covered entity--
   (1) to prevent the reasonable efforts of an owner or authorized user of a protected computer from blocking the installation of a covered file-sharing program or file-sharing function thereof; or
   (2) to prevent an owner or authorized user of a protected computer from having a reasonable means to either -- (A) disable from the protected computer any covered file-sharing program; or (B) remove from the protected computer any covered file-sharing program that the covered entity caused to be installed on that computer or induced another individual to install."

9/30. The House Commerce Committee (HCC) amended and approved HR 2221 [LOC | WW], the "Data Accountability and Trust Act". The HCC approved an amendment in the nature of a substitute [38 pages in PDF] by voice vote.

This replaces the  version of the bill [35 pages in PDF] adopted by the HCC's Subcommittee on Commerce, Trade, and Consumer Protection on May 5, 2009. For a summary of that version, see story titled "House Commerce Committee to Mark Up Data Accountability and Trust Act" in TLJ Daily E-Mail Alert No. 1,992, September 29, 2009.

This bill imposes requirements for the management of data that contains personal information, affords individuals an opportunity to access and request correction of incorrect information, and bans pretexting by information brokers. It also requires notices of certain data breaches. It gives civil enforcement authority to the Federal Trade Commission (FTC) and state attorneys general.

TLJ intends to publish a summary of the bill as amended in a forthcoming issue.

9/30. The Federal Trade Commission (FTC) released a revised notice, to be published in the Federal Register, of its workshop, scheduled for December 1-2, 2009, titled "From Town Crier to Bloggers: How Will Journalism Survive the Internet Age?"

This notice requests public comments, poses numerous questions, sets the location (FTC Conference Center), and sets the deadline for comments (November 6, 2009).

It does not address how or when to request to make presentations at the event. For more information, contact Jessica Hoke of the FTC's Office of Policy Planning at 202-326-3291 or newsmediaworkshop at ftc dot gov.

This notice states that "The workshops will consider a wide range of issues, including: (1) the economics of journalism on the Internet and in more traditional media; (2) how the business models of different types of news organizations may evolve in response to the challenges associated with the Internet; (3) innovative forms of journalism that have emerged on the Internet; (4) how competition may evolve in markets for journalism and advertising; and (5) changes in governmental policies that have been proposed as ways to support journalism."

The FTC has issued no notice of proposed rulemaking (NPRM) or notice of inquiry (NOI). It has not announced any relevant adjudicatory proceeding. It has only requested comments, and scheduled a two day workshop. The FTC numbers this matter as Project No. P091200.

There are other FTC proceedings that overlap this one. The FTC is also reviewing, but has no open NPRM or adjudication, regarding online behavioral advertising. That is FTC Project No. P859900. See, FTC's February 2009 report [55 pages in 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. See also, stories titled "FTC Will Not Block Google DoubleClick Merger" and "FTC Proposes and Seeks Comments on Voluntary Principles for Online Behavioral Advertising" in TLJ Daily E-Mail Alert No. 1,691, December 19, 2007.

There is also the FTC's review of intellectual property, Project No. P093900. The FTC held a workshop on December 5, 2008 titled "Evolving Intellectual Property (IP) Marketplace".

Most of the just released notice is devoted to propounding questions. First, the FTC asks for comments about new media technologies for producing and delivering news, and for advertising.

This notice asks, "How is the Internet changing the way consumers access news? What further changes are forecast? What are the consequences ...?".

It asks about advertising. "How is the Internet changing advertising expenditures? What further changes are forecast? For which types of advertising will news organizations likely remain preferred venues? What is the likely role of targeted advertising ...?

It asks about the new media entities. "How is the Internet changing the way news organizations and others research, write, edit, produce, and distribute news? ..." Also, "What innovative forms of journalism have emerged due to the Internet? ... What are the business models, including the revenue sources, for new models of journalism on the Internet? Are they profitable? ..." And, "What new forms of journalism and new business models may become more prevalent in the future? How might new or improved technologies drive the evolution of the news media in the future?"

Next, the notice requests comments regarding the business models and economics of news entities.

It asks, "What economic challenges do news organizations face today? ... What alternative cost-cutting measures have news organizations considered? Which have they adopted? What further measures are under consideration? How have cost-cutting measures affected the provision of news to consumers?"

It also asks, "What types of news are no longer being covered? What types of news receive less coverage than before? What are the long-term consequences of such reduced news coverage for consumers" and for "ensuring an educated citizenry?"

It asks about the possible evolution of news entities' business models, including how they are likely to compete for readers and advertising, and the potential for paid content.

Next, the notice asks about various government policies and regulatory regimes, and seeks recommendations for changes.

It asks, "Are new or changed government policies needed to support optimal amounts and types of journalism, including public affairs coverage?" For example, "Should the tax code be modified to provide special status or tax breaks to all or certain types of news organizations?"

It asks numerous questions about copyright. "Do the protections for original news content under current copyright law provide sufficient incentives to create that content? If not, should copyright law be altered? What is the role of the ``fair use´´ doctrine in allowing use of original news content by news aggregators and others? Should the ``fair use´´ doctrine be modified? What would be the effects of any changes in copyright law or doctrine on consumers and news organizations? What strategic behavior or unintended consequences might changes in copyright law or doctrine engender?"

The notice also asks about possible joint action by news entities and the antitrust consequences, as well as whether antitrust immunity is warranted.

Finally, the notice asks for comments about possible federal subsidization of news entities. "Should the federal government provide additional funding for news organizations? Why or why not? If yes, should only current recipients of federal funding receive increased funding? What methods have other countries used to provide government funding for the news, while retaining journalistic integrity?"

As of the Thursday, October 1, 2009, issue of the Federal Register, this notice had not yet been published.

9/30. The Government Accountability Office (GAO) released a report [49 pages in PDF] titled "Intellectual Property: Enhanced Planning by U.S. Personnel Overseas Could Strengthen Efforts".

This report reviews the nature of, and threats to, various forms of intellectual property (IP). It then reviews efforts by the U.S. government to enhance protection and enforcement of IP in four locations, Beijing and Guangzhou in the People's Republic of China, New Delhi in India, and Bangkok in Thailand.

The report states that "The protection and enforcement of IP rights is inadequate in some parts of the world, making U.S. goods subject to substantial counterfeiting and piracy activity abroad. Transnational IP crimes have been increasing, with infringers attracted by high-profit potential, ease of market entry, and relatively low risk of detection and prosecution. U.S. government efforts to protect and enforce IP rights overseas are crucial to preventing significant losses to U.S. industry and IP rights owners resulting from the trade in counterfeit and pirated goods. Additionally, many IP-violating products, such as counterfeit pharmaceuticals, have the potential to threaten public health and safety in the United States and abroad."

The report notes that the U.S. Patent and Trademark Office (USPTO) has created eight IP attaché positions, and the Department of Justice (DOJ) has created two Intellectual Property Law Enforcement Coordinator (IPLEC) positions, in U.S. embassies overseas.

The report states that the U.S. government "has identified weak enforcement as a key IP issue in the three case study countries; however, weaknesses also persist in their IP laws and regulations." It adds that "enforcement of existing IP laws and regulations and adjudication of suspected infringements are limited and inconsistent and penalties are not typically sufficient to serve as an effective deterrent."

The report finds that "The USPTO IP attachés were generally effective in collaborating with other agencies at the four posts primarily by acting as IP focal points, establishing IP working groups, and leveraging resources through joint activities."

It also finds that "The DOJ IPLEC collaborated on IP with post and agency headquarters personnel via country and regional forums such as training U.S. and foreign, police, prosecutors, and customs officials on enforcement practices. While the IPLEC collaborated with FBI and ICE officials at the posts and with DOJ headquarters on criminal casework, the cases mostly involved non-IP criminal activities under the IPLEC’s dual role as DOJ attaché."

The report also noted that only one U.S. post out of the four, in New Dehli, "has adopted an interagency plan to address key IP issues".

The report offers this conclusion: "Improving IP protection and enforcement overseas is challenging because IP issues are complex and multifaceted. Many IP issues are symptoms of broader problems the countries face such as weak government institutions or the lack of a strong historical respect for the rule of law. Addressing the many challenges associated with improving countries’ IP laws and regulations and strengthening their enforcement efforts requires extensive knowledge of a country’s IP regime and the ability to influence a complex web of policies and procedures under an array of legislative, administrative, and judicial authorities. The best ways for the United States to motivate change are not always obvious, particularly while seeking to preserve good relations and pursue other foreign policy goals. Adding to the complexity, multiple U.S. agencies are involved in IP and most of their overseas personnel do not consider IP their primary mission because they have numerous and more pressing responsibilities."

This report was prepared for leaders of the House Judiciary Committee (HJC).

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The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of September 28, and schedule for October 1.

The Senate will meet at 9:30 AM. It will resume consideration of HR 3326 [LOC | WW], the "Department of Defense Appropriations Act, 2010".

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". The speakers will be Thomas Aust (GE Asset Management), Phil Bronner (Novak Biddle Venture Partners), Christopher King (Stifel Nicolaus), Anna-Maria Kovacs (Regulatory Source Associates), Monish Kundra (Columbia Capital), Dean Manson (Hughes Communications and Hughes Network Systems), and Luke Szymczak (JPMorgan Asset Management). See, release. Location: FCC, Commission Meeting Room, 445 12th St., SW.

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.

11:45 AM - 1:30 PM. The Center for Democracy and Technology's (CDT) Net Caucus will host a lunch and panel discussion titled "The Future of the U.S. Government's Role in ICANN, Internet Addressing and Internet Governance". The speakers will address the September 30, 2009, agreement between ICANN and the Department of Commerce. RSVP to rsvp at netcaucus dot org or 202-638-4370. For more information contact Tim Lordan at 202-439-5688. Location: Capitol Visitors Center, North Congressional Meeting Room (CVC-268).

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.

4:00 - 5:00 PM. The Center for Strategic and International Studies (CSIS) will host an event titled "Information Dominance: The Navy's initiative to maintain the competitive advantage in the information age". See, notice. RSVP to techpolicy at csis dot org. for more information, contact Denise Zheng at 202-775-3175. Location: Congressional Room, Capitol Hilton, 16th and K Streets, 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.

8:45 AM - 5:30 PM. The Internet Governance Forum - USA will host an event titled "Internet Governance Forum". Larry Strickling (head of the DOC's National Telecommunications and Information Administration), Larry Atlas (NTIA), Marcus Kummer (UN), and others will participate in a panel that begins at 8:45 AM. The closing panel will include Phil Verveer (Department of State) and Richard Beaird (DOS). See, notice. For more information, contact 202-360 1196. Location: Center for Strategic and International Studies (CSIS), 1800 K St., NW.

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.

2:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on the Constitution will hold a hearing titled "Examining the History and Legality of Executive Branch Czars". See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

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.

10:00 AM. The Senate Commerce Committee's (SCC) Subcommittee on Communications, Technology and the Internet will hold a hearing titled "Reauthorization of the Satellite Home Viewer Extension and Reauthorization Act of 2004". See, notice. Location: Room 253, Russell Building.

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 states that this is an ABA event.

4:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nomination of Barbara Keenan to be Judge of the U.S. Court of Appeals for the 4th Circuit. See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

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.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Verizon Services v. Cox Fibernet, App. Ct. No. 2009-1086. This is a patent infringement case involving VOIP technology. Location: Courtroom 203.

10:00 AM - 12:00 NOON. The National Industrial Security Program Policy Advisory Committee (NISPPAC) will meet. See, notice in the Federal Register, September 9, 2009, Vol. 74, No. 173, at Page 46470. Location: National Archives and Records Administration, Room 105, 700 Pennsylvania Ave., NW.

12:00 - 1:30 PM. The Federal Trade Commission (FTC) will host a "brown bag program" titled "Meet the New Federal Trade Commission Bureau Directors". The speakers will be Richard Feinstein, (Director of the Bureau of Competition), David Vladeck (Director of the Bureau of Consumer Protection), and Joseph Farrell (Director of the Bureau of Economics). To request permission to attend or participate by telephone, contact Donna Fleming at donna dot fleming at dbr dot com or 202-230-5627. The ABA asserts that this is an ABA event. Location: Drinker Biddle & Reath, 1500 K St., NW.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation by Rachel Soloveichik (Bureau of Economic Analysis). She is an economist who focuses on health care and software. Location: FTC, ground floor Conference Center, 601 New Jersey Ave., NW.

Deadline to submit comments to the Bureau of Industry and Security (BIS) in response to its request for comments regarding certain export controls. See, notice in the Federal Register, September 8, 2009, Vol. 74, No. 172, at Pages 46088-46089, and story titled "Export Regulators Seek Comments on Rules" in TLJ Daily E-Mail Alert No. 1,981, September 9, 2009.