10/22. Nokia filed a complaint [PDF] in the U.S. District Court (DDel) against Apple. The eleven count complaint pleads ten counts of patent infringement, and one count for declaratory judgment that Nokia has complied with its legal obligations with respect to fair reasonable and  non-discriminatory terms and conditions.

Nokia stated in a release that "Apple is attempting to get a free ride on the back of Nokia's innovation".

Nokia elaborated that "The ten patents in suit relate to technologies fundamental to making devices which are compatible with one or more of the GSM, UMTS (3G WCDMA) and wireless LAN standards. The patents cover wireless data, speech coding, security and encryption and are infringed by all Apple iPhone models shipped since the iPhone was introduced in 2007." (Parentheses in original.)

The complaint states that "Nokia has declared each of the patents-in-suit as essential to the GSM, UMTS, and/or 802.11 Standards, where applicable, and undertaken -- in accordance with the applicable rules of the standard setting organizations (``SSO´´) -- to grant licenses under each of the patents-in-suit on fair, reasonable, and nondiscriminatory (``FRAND´´) terms and conditions ..." (Parentheses in original.)

The complaint alleges that "On the basis of Nokia's licensing commitments, Apple has the right to be granted license(s) under F/RAND terms and conditions with respect to a Standard."

Moreover, "Nokia has made various offers to Apple for the F/RAND terms and conditions of a license agreement under which each of the patents-in-suit could be licensed either individually or together with other Nokia essential patents (i.e., a portfolio license). In its offers to Apple, Nokia has specified both a portfolio rate and an average per-patent royalty rates which Apple could have accepted within a reasonable time for each of the patents-in-suit." (Parentheses in original.)

The complaint further alleges that "Apple has rejected Nokia's offers for the F/RAND terms and conditions", and "thereby refused to compensate Nokia on F/RAND terms".

The patents in suit are U.S. Patent Nos. 5,802,465, 5,862,178, 5,946,651, 6,359,904, 6,694,135, 6,775,548, 6,882,727, 7,009,940, 7,092,672, and 7,403,621.

10/27. The Senate Commerce Committee (SCC) held a hearing titled "Oversight of the Broadband Stimulus Programs in the American Recovery and Reinvestment Act".

HR 1 [LOC | WW], the huge spending bill enacted in February of this year, includes $7.2 Billion in broadband funding. $4.7 Billion in grants is being administered by the National Telecommunications and Information Administration (NTIA), and the remaining $2.5 Billion is being administered by the Rural Utilities Service (RUS).

The Government Accountability Office (GAO) wrote in its prepared testimony [PDF] that the "NTIA and RUS face scheduling, staffing, and data challenges in evaluating applications and awarding funds. The agencies have taken steps to meet these challenges, such as adopting a two-step evaluation process, utilizing nongovernmental personnel, and publishing information on the applicant’s proposed service area. While these steps address some challenges, the agencies lack the needed time to apply lessons learned from the first funding round and face a compressed schedule to review new applications. As a result, the agencies may risk awarding funds to projects that are not sustainable or do not meet the priorities of the Recovery Act."

Lawrence Strickling, head of the NTIA, wrote in his prepared testimony [PDF] that "I assure you these Recovery Act funds will be money well spent."

See also, Sen. John Rockefeller's (D-WV) opening statement, and Sen. Kay Hutchison's (R-TX) release.

10/21. The U.S. District Court (SDNY) issued a Decision and Order [PDF] in Doe v. Holder, a long running case regarding the Constitutionality of National Security Letters (NSL), the NSL statute's nondisclosure provisions.

Summary. NSLs are administrative orders, that include no judicial warrant or other legal process, which compel phone companies and internet service providers to give customer records to the DOJ's Federal Bureau of Investigation (FBI). NSL recipients are also subject to a gag, or nondisclosure, mandate.

The just released order allows the Department of Justice (DOJ) to enforce the nondisclosure provisions against the John Doe plaintiff in this case, and orders that the case be closed.

This is a defeat for privacy advocacy groups, such as the American Civil Liberties Union (ACLU), which litigated this case. It is a victory for proponents of broad and unchecked governmental surveillance powers, such as Alberto Gonzales, Eric Holder, George Bush and Barrack Obama.

DOJ History of Abuse of NSLs. The DOJ has abused its authority to issue NSLs, according to reports issued by the DOJ's Office of the Inspector General (OIG).

On March 9, 2007, the DOJ's OIG released a report [30 MB in PDF] titled "A Review of the Federal Bureau of Investigation's Use of National Security Letters". See also, story titled "DOJ IG Releases Reports on Use of NSLs and Section 215 Authority" in TLJ Daily E-Mail Alert No. 1,551, March 13, 2007. That report covered the use of NSLs in 2003 through 2005.

On March 13, 2008, the OIG released a report [187 pages in PDF] titled "A Review of the FBI’s Use of National Security Letters: Assessment of Corrective Actions and Examination of NSL Usage in 2006". See also, story titled "DOJ Inspector General Releases Second Report on FBI Misuse of National Security Letters" in TLJ Daily E-Mail Alert No. 1,730, March 12, 2008.

Previous Proceedings in This Case. The ACLU and the undisclosed John Doe plaintiff filed the original complaint in the District Court in April of 2004. See, story titled "Lawsuit Challenges Constitutionality of Law Allowing FBI to Obtain Records from Electronic Communication Service Providers" in TLJ Daily E-Mail Alert No. 887, April 29, 2004.

On September 29, 2004, the District Court issued an opinion [122 page PDF scan] holding unconstitutional 18 U.S.C. § 2709, which provides that the FBI may issue NSLs to phone companies and ISPs to certain obtain customer records.

The Court held that the statute, as it was then written, violates the Fourth Amendment because its allowed the FBI to issue the order without any judicial involvement or review. The Court also held that it violated the First Amendment free speech clause because it barred the phone company or ISP from disclosing that it has received the NSL. See, story titled "District Court Holds National Security Letters Statute Unconstitutional" in TLJ Daily E-Mail Alert No. 989, October 4, 2004.

However, the Congress amended the statute, and the U.S. Court of Appeals (2ndCir) issued an opinion [55 pages in PDF] on December 15, 2008, that reversed in part the judgment of the District Court, and remanded. See, story titled "2nd Circuit Rules on National Security Letters" in TLJ Daily E-Mail Alert No. 1,874, December 16, 2008.

That appeal is John Doe, Inc., et al. v. Michael Mukasey, et al., U.S. Court of Appeals for the 2nd Circuit, App. Ct. No. 07-4943-cv. The opinion is also reported at 549 F.3d 861. Judge Jon Newman wrote the opinion of the Court of Appeals, in which Judges Sotomayor and Calabresi joined.

Amended Statute. 18 U.S.C. § 2709, which sets forth NSL authority with respect to phone companies and ISPs, was amended in the 109th Congress by HR 3199, the "USA PATRIOT Improvement and Reauthorization Act of 2005". Former President Bush signed it into law on March 9, 2006. It is now Public Law 109-177. See, story titled "Bush Signs PATRIOT Act Extension Bills" in TLJ Daily E-Mail Alert No. 1,327, March 10, 2006.

§ 2709(a) now provides that "A wire or electronic communication service provider shall comply with a request for subscriber information and toll billing records information, or electronic communication transactional records in its custody or possession made by the" FBI Director.

§ 2709(b) now provides that if the FBI Director "or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no wire or electronic communications service provider, or officer, employee, or agent thereof, shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request) that the Federal Bureau of Investigation has sought or obtained access to information or records under this section". (Parentheses in original.)

§ 2709(c) contains the nondisclosure provisions. It allows disclosure to an "attorney to obtain legal advice or legal assistance with respect to the request". It adds that the recipient of a NSL who consults with an attorney must inform the FBI of the "identity of an attorney to whom disclosure was made". It further imposes a nondisclosure requirement on the attorney.

HR 3199 also added § 3511.

§ 3511(a) provides that "The recipient of a request for records, a report, or other information under section 2709(b) ... may ... petition for an order modifying or setting aside the request" in the U.S. District Court.

§ 3511(b) provides that "the court may modify or set aside such a nondisclosure requirement if it finds that there is no reason to believe that disclosure may endanger the national security of the United States, interfere with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person."

But, it continues that if any of certain persons at the DOJ or FBI "certifies that disclosure may endanger the national security of the United States or interfere with diplomatic relations, such certification shall be treated as conclusive unless the court finds that the certification was made in bad faith."

§ 3511(c) adds that for petitions filed one year or more after the FBI's NSL, the FBI "shall either terminate the nondisclosure requirement or re-certify that disclosure may result in ..."

Then, in the case of a re-certification, the "certification shall be treated as conclusive unless the court finds that the recertification was made in bad faith".

Order on Remand. The just issued order is the District Court's order on remand.

The District Court wrote that it reviewed in camera (in secrecy) a declaration submitted by the government. It further wrote that in light of the December 15, 2008, opinion of the Court of Appeals, the government has "demonstrated that a good reason exists" for enforcement of the nondisclosure provisions of the statute.

The Court also wrote that the plaintiff is free to challenge the nondisclosure order annually.

The Court also rejected the plaintiff's argument that § 2709(c) and § 3511(b) are unconstitutional.

This case is John Doe, American Civil Liberties Union, and American Civil Liberties Union Foundation v. John Ashcroft, Robert Mueller, and Marion Bowman, U.S. District Court for the Southern District of New York, D.C. No. 04-2614, Judge Victor Marrero presiding.

10/27. The Senate Commerce Committee (SCC) approved the nomination of Patrick Gallagher to be Director of the National Institute of Standards and Technology (NIST). See, SCC release.

10/23. Luis Jimenez was named Assistant U.S. Trade Representative for Congressional Affairs. He previously worked for former Rep. Rahm Emanuel (D-IL). He replaces Daniel Sepulveda, who has taken a position on the staff of Sen. John Kerry (D-MA). See, OUSTR release.

10/22. President Obama announced his intent to nominate Caryn Wagner to be Under Secretary for Intelligence and Analysis at the Department of Homeland Security (DHS). See, White House news office release and DHS release.

10/22. President Obama announced his intent to nominate Philip Goldberg to be Assistant Secretary, Bureau of Intelligence and Research, at the Department of State. See, White House news office release.

10/21. The Senate confirmed Roberto Lange to be a Judge of the U.S. District Court for the District of South Dakota by a vote of 100-0. See, Roll Call No. 324.

10/27. The House Oversight and Government Committee's (OGRC) Subcommittee on Government Management, Organization and Procurement held a hearing titled "IT Procurement and Disposal: Application of the Federal Government’s Green Policies in the Life Cycle Management of its IT Assets". See, prepared testimony [PDF] of the Government Accountability Office (GAO) titled "Federal Electronics Management: Federal Agencies Could Improve Participation in EPA's Initiatives for Environmentally Preferable Electronic Products".

10/23. The Department of Justice (DOJ) announced in a release that Rodolfo Rodriguez Cabrera was extradited from Latvia to the US. On April 22, 2009, a grand jury of the U.S. District Court (MDFl) returned an indictment that charges him with one count of conspiracy, two counts of trafficking in counterfeit goods, two counts of trafficking in counterfeit labels, and two counts of criminal copyright infringement, in connection with his alleged production and sale of counterfeit International Game Technology (IGT) slot machines, and counterfeit IGT computer programs. See also, DOJ's June 11, 2009 release.

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The House will meet at 10:30 AM for morning hour, and at 12:00 PM for legislative business. The House will consider numerous items suspension of the rules, including HR 3632 [LOC | WW], the "Federal Judiciary Administrative Improvements Act of 2009". This bill would, among other things, provide for further delay in the collection and reporting of wiretap warrant data by the Administrative Office of U.S. Courts. The schedule for the week also includes consideration of HR 3854 [LOC | WW], the "Small Business Financing and Investment Act of 2009. Title VI of this bill would create a "Small Business Health Information Technology Financing Program". See, Rep. Hoyer's schedule for week of October 26.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Energy and the Environment will hold a hearing titled "Protecting the Electric Grid". The hearing will address HR 2165 [LOC | WW], the "Bulk Power System Protection Act Of 2009", and HR 2195 [LOC | WW], an untitled bill. Both bills would amend the Federal Power Act regarding protecting critical electric infrastructure against cyber attack. See, notice. Location: Room 2123, Rayburn Building.

9:30 AM. The House Oversight and Government Committee's (OGRC) Subcommittee on Government Management, Organization and Procurement will hold a hearing titled "IT Procurement and Disposal: Application of the Federal Government’s Green Policies in the Life Cycle Management of its IT Assets". See, notice. Location: Room 2154, Rayburn Building.

9:30 AM - 1:00 PM. The National Telecommunications and Information Administration's (NTIA) Commerce Spectrum Management Advisory Committee will meet. See, notice in the Federal Register, October 9, 2009, Vol. 74, No. 195, at Pages 52185-52186. Location: Department of Commerce, Room 4830, 1401 Constitution Ave., NW.

9:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Sensors and Instrumentation Technical Advisory Committee will meet. See, notice in the Federal Register, October 14, 2009, Vol. 74, No. 197, at Pages 52749-52750. Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Aves., NW.

10:00 - 11:30 AM. The Center for American Progress (CAP) will host an event titled "Renewing and Reviewing the PATRIOT Act". The speakers will be Rep. Jane Harman (D-CA), Rudy deLeon (CAP) and Ken Gude (CAP). Location: CAP, 10th floor, 1333 H St., NW.

12:00 NOON - 2:00 PM. The Computer and Communications Industry Association (CCIA) will host an event titled "Competition Policy as Innovation Policy". See, notice and registration page. Location: Newseum, 555 Pennsylvania Ave., NW.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Oversight of the Broadband Stimulus Programs in the American Recovery and Reinvestment Act". See, notice. Location: Room 253, Russell Building.

Expiration of the Copyright Office's (CO) third triennial rules designating exemptions to the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). These rules are codified at 37 C.F.R. § 201.40. See, notice in the Federal Register, October 6, 2008, Vol. 73, No. 194, at Pages 58073-58079, and story titled "Copyright Office Announces 4th Triennial Review of DMCA Exemptions" in TLJ Daily E-Mail Alert No. 1,839, October 7, 2008.

The Federal Communications Commission's (FCC) Auction 86, the broadband radio service (BRS) auction, is scheduled to begin.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of October 26.

The Senate will meet at HR 3548 [LOC | WW], the "Unemployment Compensation Extension Act of 2009".

9:30 - 10:30 AM. The Federal Communications Commission's (FCC) WRC-12 Advisory Committee's Informal Working Group 3 (Space Services) will meet. See, notice. Location: FCC, Rooms 4-B142 and 4-B112, 445 12th St., SW.

10:00 AM. The House Small Business Committee (HSBC) will hold a hearing titled "The Recovery Act and Broadband: Evaluation of Broadband Investments on Small Businesses and Job Creation". The witnesses will be Lawrence Strickling (head of the National Telecommunications and Information Administration) and Jonathan Adelstein (head of the Rural Utilities Service). Location: Room 2360, Rayburn Building.

10:00 AM - 12:00 NOON. The Federal Communications Commission (FCC) will host an event titled "staff workshop". The FCC asserts in a notice that the purpose is "to explore possible revisions to the Commission's ex parte rules and processes to enhance the transparency" of FCC actions. It adds that this event will "explore new issues posed by the increasing use of Internet-based media of communication and expression, such as blogs". The participants will be Austin Schlick (FCC General Counsel), Joel Kaufman (FCC Associate General Counsel), MaryBeth Richards (Special Counsel to the Chairman for FCC Reform), Christopher Bjornson (Steptoe & Johnson), Diane Cornell (Inmarsat), Jane Mago (National Association of Broadcasters), Amy Mehlman (Mehlman Capitol Strategies), John Muleta (M2Z Networks), Jef Pearlman (Public Knowledge), Andrew Schwartzman (Media Access Project), and David Solomon (Wilkinson Barker Knauer). See also, FCC's ex parte rules. Location: FCC, Commission Meeting Room, 445 12th St., SW.

10:30 AM - 12:30 PM. The Federal Communications Commission's (FCC) WRC-12 Advisory Committee's Informal Working Group 2 (Terrestrial Services) will meet. See, notice. Location: FCC, Rooms 4-B142 and 4-B112, 445 12th St., SW.

3:00 - 5:00 PM. The Center for Democracy and Technology's (CDT) Net Caucus will host a panel discussion titled "Net Neutrality: Understanding the FCC's Proposed Rule Making". The speakers will be Rebecca Arbogast (Stifel Nicolaus), Hank Hultquist (AT&T), Paul Misener (Amazon.com), Jef Pearlman (Public Knowledge), Howard Symons (Mintz Levin), Wendy Wigen (Educause), and Christopher Yoo (University of Pennsylvania Law School). RSVP to rsvp at netcaucus dot org or 202-638-4370.
For more information contact Tim Lordan at 202-439-5688.  Location: South Congressonal Meeting Room, Capitol Visitor Center.

RESCHEDULED FROM OCTOBER 14. 2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Combating Distracted Driving: Managing Behavioral and Technological Risks". The witnesses will be Ray LaHood (Secretary of Transportation) and Julius Genachowski (FCC Chairman). See, notice. Location: Room 253, Russell Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [33 pages in PDF] in its proceeding titled "In the Matter of Consumer Information and Disclosure Truth-in-Billing and Billing Format IP-Enabled Services". This NOI is FCC 09-68 in CG Docket Nos. 09-158 and CC Docket No. 98-170 and WC Docket No. 04-36. The FCC adopted it on August 27, 2009, and released the text on August 28, 2009.

Deadline to submit comments to the Federal Communications Commission (FCC) issued a Public Notice [10 pages in PDF] requesting comments regarding cost estimates and models for providing fiber optic connectivity to "anchor institutions, such as public schools and libraries, community colleges, and hospitals". See also, story titled "FCC Seeks Comments Regarding Cost of Connecting Schools and Libraries with Fiber" in TLJ Daily E-Mail Alert No. 2,000, October 9, 2009. The FCC seeks answers to these questions to assist it in drafting a document titled "National Broadband Plan". This item is DA 09-2194 in GN Docket Nos. 09-47, 09-51, and 09-137.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of October 26.

9:00 AM - 12:00 NOON. The Progress & Freedom Foundation (PFF) and the George Mason University (GMU) School of Law will host an event titled "Ronald Coase's The Federal Communications Commission at 50". See, "The Federal Communications Commission", 2 Journal of Law and Economics 1-40 (1959). The speakers may include FCC Commissioner Robert McDowell (FCC Commissioner), Thomas Hazlett (GMU), Jeffrey Eisenach (Empiris LLC), Evan Kwerel (FCC's Office of Strategic Planning and Policy Analysis), and John Williams (FCC/OSPPA). This event is free. See, PFF notice and registration page. Location: Room 121, Hazel Hall, GMU law school, 3301 Fairfax Drive, Arlington, VA. The nearest metro stop is Virginia Square on the Orange Line.

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". It also includes consideration of S 1490 [LOC | WW], the "Personal Data Privacy and Security Act of 2009", and S 139 [LOC | WW], the "Data Breach Notification Act". The agenda also includes consideration of the nominations of Barbara Keenan (to be a Judge of the U.S. Court of Appeals for the 4th Circuit), Carmen Ortiz (to be the U.S. Attorney for the District of Massachusetts, and Edward Tarver (to be the U.S. Attorney for the Southern District of Georgia. See, notice. The SJC rarely follows is published agendas. The SJC will webcast this meeting. Location: Room 226, Dirksen Building.

12:00 NOON - 1:30 PM. The Software and Information Industry Association (SIIA) will host an event titled "Libel Tourism/Libel Terrorism: Publishers' First Amendment Rights in the International Market". The speakers will be Clifford Sloan (Jones Day) and Scott Bain (SIIA). See, notice. Prices vary. Location: United Press International, 1133 19th St., NW.

2:00 - 6:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Broadband: How the Pieces Fit Together". There will be panels titled "The National Broadband Plan", "Broadband Mapping", and "Role of Government Funding in Maximizing Broadband Goals". Prices vary. This event qualifies for CLE credits. See, notice and registration form [PDF]. Registrations are due by 5:00 PM on October 27. Location: Arnold & Porter, 555 12th St., NW.

2:30 PM. The House Judiciary Committee (HJC) will hold a closed hearing titled "PATRIOT Act and Related Matters". See, notice. Location: Room HVC 301, Capitol Building.

2:30 - 5:00 PM. The Senate Homeland Security and Governmental Affairs Committee's (SHSGAC) Subcommittee on Federal Financial Management, Government Information, Federal Services, and International Security will hold a hearing titled "More Security, Less Waste: What Makes Sense for Our Federal Cyber Defense". See, notice. Location: Room 342, Dirksen Building.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) in response to it Public Notice regarding qualifying information for recognizing laboratory accreditation bodies and ACLASS application for recognition. This item is DA 09-2049 in ET Docket No. 09-161.

The House will meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for week of October 26.

12:15 - 1:30 PM. The Department of Justice's (DOJ) Antitrust Division will host an event titled "A Competition Policy Perspective on the Changing Telecommunications Landscape". The speaker will be Phil Weiser, Deputy Assistant Attorney General for Policy, Appellate, and International Matters. The Federal Communications Bar Association (FCBA) states that this is an FCBA event. The FCBA excludes people from its events. Lunch will be served. The price to attend is $15. The deadline for registrations and cancellations is 12:00 NOON on October 28. See, registration form [PDF]. Location: Sidley Austin, 6th floor, 1501 K St., NW.

1:00 - 3:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will host an event titled "Broadband Data Transparency Workshop". See, notice in the Federal Register, October 22, 2009, Vol. 74, No. 203, at Pages 54549-54550. Location: DOC, Room 4830, 1401 Constitution Ave., NW.

Deadline to submit requests to the Federal Trade Commission (FTC) to participate as a panelist at its workshop titled "Exploring Privacy" on December 7, 2009. See, release and event web page. Location: FTC Conference Center, 601 New Jersey Ave., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-127 [46 pages in PDF] titled "Guide to Security for Worldwide Interoperability for Microwave Access (WiMAX) Technologies".

Deadline to submit comments to the Department of Justice's (DOJ) Antitrust Division regarding the Proposed Final Judgment and Competitive Impact Statement in US v. Microsemi Corporation, U.S. District Court for the Eastern District of Virginia, D.C. No. 8:09-CV-00275-AG-AN. The DOJ published a notice in the Federal Register that states that comments are due "within sixty (60) days of the date of this notice". It does not set the date. See, Federal Register, September 1, 2009, Vol. 74, No. 168, at Pages 45242-45252.

Daylight savings time ends.

9:00 AM - 12:00 NOON. Day one of a three day workshop hosted by the Federal Communications Commission's (FCC) Media Bureau (MB) regarding the structuring of the 2010 quadrennial review process. This review will examine the FCC's newspaper broadcast cross ownership rule, radio television cross ownership rule, local television ownership rule, local radio ownership rule, and dual network rule. See, FCC notice [PDF]. It is DA 09-2209 in MB Docket No. 09-182. Location: FCC, Commission Meeting Room, 445 12th St., SW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Tivo v. Echostar, App. Ct. No. 2009-1374. This is a patent infringement case involving television technology. Location: Courtroom 201.

7:30 - 9:30 PM. The New America Foundation (NAF) and the Association for Computing Machinery (ACM) will host an event titled "Understanding Privacy". The speaker will be Daniel Solove, author of the book [Amazon] titled "Understanding Privacy". See, notice and registration page. Location: NAF, 4th floor, 1899 L St., NW.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice regarding "Small and Disadvantaged Businesses" or "SDBs". The FCC seeks answers to questions to assist it in drafting a document titled "National Broadband Plan". This item is DA 09-2137 in GN Docket Nos. 09-47, 09-51, and 09-137.

8:45 AM - 5:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) Online Safety and Technology Working Group (OSTWG) will meet. See, notice in the Federal Register, October 20, 2009, Vol. 74, No. 201, at Page 53719. Location: DOC, Room 4830, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:00 AM - 12:00 NOON. Day two of a three day workshop hosted by the Federal Communications Commission's (FCC) Media Bureau (MB) regarding the structuring of the 2010 quadrennial review process. This review will examine the FCC's newspaper broadcast cross ownership rule, radio television cross ownership rule, local television ownership rule, local radio ownership rule, and dual network rule. See, FCC notice [PDF]. It is DA 09-2209 in MB Docket No. 09-182. Location: FCC, Commission Meeting Room, 445 12th St., SW.

9:30 - 11:00 AM. The Federal Communications Commission's (FCC) WRC-12 Advisory Committee's Informal Working Group 4 (Regulatory Issues) will meet. See, notice. Location: FCC, Room 3-B516, 445 12th St., SW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Silicon Graphics v. ATI Technology, App. Ct. No. 2008-1334. This is a patent infringement case involving 3D graphics technology. Location: Courtroom 201.

6:00 - 8:15 PM. The DC Bar Association will host an event titled "Introduction to Export Controls". The speakers will be Carol Kalinoski and Thomas Scott. The price to attend ranges from $89 to $129. Most DC Bar events are not open to the public. This event qualifies for continuing legal education (CLE) credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.