10/1. The Senate Judiciary Committee (SJC) held an executive business meeting. The SJC began its consideration of S 1692 [LOC | WW], the "USA PATRIOT Act Sunset Extension Act of 2009". The SJC approved an amendment in the nature of a substitute [53 pages in PDF] offered by Sen. Patrick Leahy (D-VT), the Chairman of the SJC, and others. The SJC also approved an amendment [PDF] offered by Sen. Russ Feingold (D-WI) regarding delayed notice of search warrants. The SJC rejected an amendment [PDF] offered by Sen. Richard Durbin (D-IL), and Sen. Jon Kyl (R-AZ) offered and withdrew an amendment [PDF] and another amendment [PDF]. The SJC held over further consideration of this bill to the next executive business meeting, scheduled for October 8, 2009. See also, Sen. Leahy's opening statement and summary.

10/1. The Senate Judiciary Committee (SJC) held an executive business meeting. The agenda included consideration of HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009". The SJC held over consideration of both bills to the next executive business meeting, scheduled for October 8, 2009. On September 17, 2009, the SJC approved an amendment [PDF] to S 448 offered by Sen. Schumer and Sen. Specter. On September 10, 2009, the SJC approved an amendment in the nature of a substitute [14 pages in PDF]. These bills, also known as "Media Shield", would limit the ability of federal entities to compel journalists to provide testimony or documents, or disclose sources, related to their work. The House passed a related bill, HR 985 [LOC | WW], also titled the "Free Flow of Information Act", on March 31, 2009. See, story titled "House Judiciary Committee Approves Media Shield and Communications Services Provider Protection Bill" in TLJ Daily E-Mail Alert No. 1,919, March 30, 2009. HR 985 is substantially identical to HR 2102 [LOC | WW], the version of the bill in the 110th Congress. See, story titled "House Approves Boucher-Pence Media Shield Bill" in TLJ Daily E-Mail Alert No. 1,656, October 17, 2007. These bills also affect affect communications service providers.

9/30. Sen. John Ensign (R-NV), Sen. Jon Kyl (R-AZ), Sen. Mike Crapo (R-ID), Sen. James Inhofe (R-OK), Sen. John McCain (R-AZ), Sen. Lisa Murkowski (R-AK), and Sen. James Risch (R-ID) introduced S 1727 [LOC | WW], a bill to divide the U.S. Court of Appeals for the 9th Circuit into two circuits. Republican Senators who represent states in the 9th Circuit have been introducing bills over many Congresses in an attempt to get their states out of the 9th Circuit, which is dominated by California and its Democratic judges. The bill was referred to the Senate Judiciary Committee (SJC), which is highly unlikely to pass it.

9/29. The Senate passed HR 3593 [LOC | WW], an untitled bill to amend the United States International Broadcasting Act of 1994 to extend by one year the operation of Radio Free Asia. The House passed the bill on September 23, 2009. On September 29, 2009, the Senate Foreign Relations Committee discharged the bill by unanimous consent. The full Senate approved it by unanimous consent without amendment the same day. On September 25, Sen. John Kerry (D-MA) and Sen. Richard Lugar (R-IN) introduced S 1715 [LOC | WW], an almost identical bill. However, the House bill was used as the vehicle for enactment of legislation. HR 3593 provides that Section 309(f) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6208(f)) is amended by striking `2009' and inserting `2010´." This extends authority through September 30, 2010.

9/22. Rep. Tom Perriello (D-VA) introduced HR 3627 [LOC | WW], the "Rural and Small Town Telework Tax Credit Act of 2009". This bill would amend the Internal Revenue Code by adding a new section titled "Teleworking Equipment Credit". It applies to the costs of "employers" associated with certain teleworking equipment for employees who telework at least 20 hours per week, and live in "a micropolitan statistical area" or "a metropolitan statistical area with a population of no more than 200,000 people". This bill would not allow individuals to claim the credit for their costs. It was referred to the House Ways and Means Committee. Rep. Perriello is not a member.

9/8. Rep. Carolyn McCarthy (D-NY), Rep. Nita Lowey (D-NY), and Rep. Elijah Cummings (D-MD) introduced HR 3535 [LOC | WW], the "Avoiding Life-Endangering and Reckless Texting by Drivers Act of 2009" or "ALERT Drivers Act". This bill would withhold a portion of federal highway funding from states that do not enact a law that "prohibits an operator of a moving motor vehicle from writing, sending, or reading a text message using a hand-held mobile telephone". It was referred to the House Transportation Committee, and its Subcommittee on Highways, but not to the House Commerce Committee (HCC), and its Subcommittee on Communications, Technology and the Internet.

9/30. The U.S. Patent and Trademark Office (USPTO) issued a release in which it announced its proposal to change its patent count system. The USPTO stated that its purpose is to increase customer satisfaction, increase examiner morale, and reduce attrition of examiners.

However, another effect of these changes could be increased pendency.

The release adds that the goal is also to "Encourage examiners to identify allowable subject matter earlier in the examination process".

The release describes the count system as "the methodology for determining the time a patent examiner has to complete a patent examination and how much credit is given for each stage of an examination".

This release states that the changes include "Improved working conditions", "More time for examiners", and "Process changes".

It adds that "The proposed changes will give examiners more time overall, more time for a first action on the merits, and time for examiner-initiated interviews, while decreasing credits on requests for continued examination (RCEs) and providing consistent credits for transferred or inherited amendments." (Footnote omitted.)

The USPTO also released a document [PDF] titled "Joint Labor and Management Count System Task Force Proposal". It is 25 pages of presentation slides. It sets out the changes to the calculations involved in the count system.

This document also notes that the effects of these changes could include "Increases in pendency", "less examiner output", and a "reduction in fee income".

David Kappos (at right), the new head of the USPTO, stated in the release that "We hope to move expeditiously toward adoption of these changes that will benefit examiners, the agency and the IP community as a whole."

The USPTO release also quotes Robert Budens, head of the Patent Office Professionals Association (POPA): "The count system is sorely in need of re-tooling and we feel this proposal is a necessary first step toward giving examiners the time they need to do a quality examination".

Rep. John Conyers (D-MI), the Chairman of the House Judiciary Committee (HCC), stated in a release that "Patent examiner performance is measured in large part by how many patents an examiner can review within a certain period of time. The current `count system´ was established over 30 years ago and has long been criticized for not taking into account the challenges of examining modern technology which has radically changed the nature of examiners' work."

Rep. Conyers added that "The count system has also been cited by the Government Accountability Office as a factor in USPTO's patent examiner retention problems and a number of experts have identified it as a contributor to the USPTO's patent pendency problems."

Rep. Conyers did not reference any GAO reports. But see, September 2007, report [43 pages in PDF] titled "U.S. Patent and Trademark Office: Hiring Efforts Are Not Sufficient to Reduce the Patent Application Backlog". See also, story titled "GAO Reports that Lack of Funding and Brain Drain Cause Patent Application Backlog" in TLJ Daily E-Mail Alert No. 1,650, October 3, 2007.

The GAO wrote then that "patent examiners, and the union officials who represent them, identified unrealistic agency production goals, which were established 30 years ago, as one of the primary reasons patent examiners may choose to leave. For example, union officials told us that attrition can primarily be attributed to the insufficient amount of time provided to patent examiners to meet their production goals. This was supported by our survey of patent examiners, in which 67 percent indicated that the agency’s production goals were among the primary reasons they would consider leaving USPTO."

Rep. Conyers concluded, "I am pleased to see Director Kappos is taking bold action, in partnership with the patent examiners union, to address this problem. I also expect the USPTO to solicit and incorporate stakeholder input on ways to further improve their proposal."

10/1. The U.S. Patent and Trademark Office (USPTO) announced in a release that it is expanding its First Action Interview Pilot Program (FAIPP), in which an applicant is entitled to an interview with the patent examiner prior to the first office action on the merits in a new utility application, to include more technology areas.

The original program was limited to two computer and data processing related technology areas.

The expanded program, which will run for six months, beginning on October 1, 2009, expands the covered art areas, and revises procedure.

David Kappos, the new head of the USPTO, stated in this release that "When people talk to one another and listen to one another they can quickly understand points of agreement as well as differences, and resolve those differences in real-time ... Initial results from this pilot are very impressive and show that interviews present a clear path to resolve issues and move prosecution forward quickly."

10/1. Federal Communications Commission (FCC) Commissioner Michael Copps gave a speech in New York City. He discussed the FCC's drafting of a document titled "National Broadband Plan" and regulation of news media.

Regarding government planning, he said that "we ... fell victim to a curious, wrong-headed and totally ahistoric assumption that broadband would get built without any special effort, absent any enlightened public policy encouragement, and that business would build it out even in those areas where business had no incentive to go."

Regarding news media, he said that "our media environment is not measuring up to the challenges we face. Take the state of our news. News-gathering has been cut to the bone and in-depth investigative journalism will be an endangered species if we continue much longer down the road we’re traveling."

Copps (at left) He discussed "bad choices that have been made regarding traditional media. Bad choices by the private sector through, for example, heedless consolidation that saddled companies with unmanageable debt and sacrificed localism and diversity to uniformity and program homogenization. Bad choices by government through, for example, mindless deregulation -- particularly on the part of the Commission of which I am a member -- gutting most of the public interest protections that under-girded our media landscape for decades."

He said that there is "Too little real hardhitting journalism, too much infotainment", and "Too much special interest, too little public interest". He hyperbolized, "We are taking huge risks with our democracy."

He said that he wants "media reform", and "a comprehensive FCC evaluation of the state of broadcast journalism".

He continued that "most Americans continue to rely for the bulk of their news on broadcast television and newspapers. We also know these enterprises are under economic strain, partly from the Internet, partly, I suspect, from their own bad decision-making. I believe the Commission's role, as the expert agency, is to understand the data and trends, and to share what is happening with Congress ..."

10/1. President Obama nominated Louis Butler to be a Judge of the U.S. District Court for the Western District of Wisconsin. See, White House new office release.

10/1. The Senate Judiciary Committee (SJC) approved the nomination of Joseph Greenaway to be a Judge of the U.S. Court of Appeals for the 3rd Circuit.

10/1. The Senate Judiciary Committee (SJC) approved the nomination of Roberto Lange to be a Judge of the U.S. District Court for the District of South Dakota.

10/1. The Senate Judiciary Committee (SJC) approved the nomination of Irene Berger to be a Judge of the U.S. District Court for the Southern District of West Virginia.

10/1. The Senate Judiciary Committee (SJC) approved the nomination of Charlene Honeywell to be a Judge of the U.S. District Court for the Middle District of Florida.

9/29. The Senate confirmed Jeffrey Viken to be a Judge of the U.S. District Court for the District of South Dakota. See, Congressional Record, September 29, 2009, at Page S9942.

9/29. President Obama formally nominated Victoria Espinel to be Intellectual Property Enforcement Coordinator. See, White House news office release. He announced his intent to nominate her on September 25, 2009. See, story titled "Obama Names Intellectual Property Enforcement Coordinator" in TLJ Daily E-Mail Alert No. 1,990, September 27, 2009.

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The House will meet at 10:00 AM. Rep. Hoyer's schedule for week of September 28 states that "no votes are expected in the House".

The Senate will not meet. It will next meet on Monday, October 5, 2009.

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.

The Senate will meet at 2:00 PM. It will begin consideration of HR 2847 [LOC | WW], the "Commerce, Justice, Science, and Related Agencies Appropriations Act, 2010".

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 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", and S 1692 [LOC | WW], the "USA PATRIOT Act Sunset Extension Act of 2009". The SJC rarely follows is published agendas. See, notice. Location: Room 226, Dirksen Building.

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.

There will be no votes in the House.

The American Bar Association (ABA) will host a conference titled "The Third Annual National Institute on Criminal Enforcement of Intellectual Property Rights". Prices vary. See, conference brochure. Location: Ritz Carlton Hotel.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Intellectual Science and Technology v. Sony Electronics, App. Ct. No. 2009-1142. This is a patent infringement case involving CD player and recorder technology. Location: Courtroom 203.

10:00 AM. The Federal Communications Commission (FCC) will hold an event titled "Workshop: Economic Issues in Broadband Competition". 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 comments to the Copyright Royalty Judges regarding the August 12, 2009, motion of Phase I claimants requesting a partial distribution of 50% of the 2007 cable royalty funds, pursuant to 17 U.S.C. § 111. See, notice in the Federal Register, September 9, 2009, Vol. 74, No. 173, at Pages 46468-46469.

Deadline to submit to the Federal Communications Commission (FCC) replies or oppositions to the comments regarding or petitions to deny the applications of Caribbean Crossings Ltd. and Trinity Communications Ltd. for transfer of control pursuant to the Submarine Cable Landing Licensing Act and Section 214 of the Communications Act. Since the Bahamas is not a member of the World Trade Organization (WTO) the applicants seek an FCC determination that the Bahamas provides effective competitive opportunities to U.S. carriers. See, public notice [PDF]. It is DA 09-1856 in IB Docket No. 09-149.