3/2. Rep. Charles Rangel (D-NY) introduced HR 4691 [LOC | WW], the "Temporary Extension Act of 2010", on February 25, 2010. The House passed this bill, under suspension of the rules, by voice vote, on the same day.

On Tuesday, March 2, 2010, the Senate passed HR 4691, without amendment, by a vote of 78-19. See, Roll Call No. 32.

Also on March 2, President Obama signed HR 4691 into law. See, White House news office release.

This bill contains numerous extensions of statutory provisions with expiration dates. Section 10 of this bill contains another extension of compulsory copyright licenses governing the retransmission of distant television signals by cable and satellite television operators.

This relates to the satellite Section 119 license, which is codified at 17 U.S.C. § 119, and Section 325(b) of the Communications Act of 1934, which is codified at 47 U.S.C. § 325.

This bill provides for a one month extension, through March 28, 2010. HR 3326 [LOC | WW], the "Department of Defense Appropriations Act, 2010", enacted in December of 2009, provided a two month extension, through February 28, 2010.

Senators and Representatives continue to work on legislation to reauthorize the Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA). It was enacted in 108th Congress, in late 2004, as one component of HR 4818, an omnibus appropriations bill. It became Public Law No. 108-447. It provides for expiration of statutory licenses at the end of 2009.

On June 23, 2009, Rep. Rick Boucher (D-VA) introduced HR 2994 [LOC | WW], the "Satellite Home Viewer Reauthorization Act of 2009". The House Commerce Committee's (HCC) Subcommittee on Telecommunications, Technology and the Internet held a hearing on June 25. The Subcommittee also amended and approved the bill on June 25. The full HCC amended and approved the bill on October 15. See also, House Report No. 111-349 and story titled "House Commerce Committee Approves Satellite Home Viewer Reauthorization Act" in TLJ Daily E-Mail Alert No. 2,004, October 16, 2009.

See also, HR 3570 [LOC | WW], the "Satellite Home Viewer Update and Reauthorization Act of 2009", or "SHVURA", introduced by Rep. John Conyers (D-MI) and others on September 15, 2009. See also, story titled "House Judiciary Committee Approves Satellite Home Viewer Update and Reauthorization Act" in TLJ Daily E-Mail Alert No. 1,984, September 16, 2009.

On November 10, 2009, Sen. John Rockefeller (D-WV) introduced S 2764 [LOC | WW], the "Satellite Television Extension and Localism Act of 2009". The Senate Commerce Committee (SCC) amended and approved that bill on November 19, 2009.

On September 15, 2009, Sen. Patrick Leahy (D-VT) and others introduced S 1670 [LOC | WW], the "Satellite Television Modernization Act". The Senate Judiciary Committee (SJC) amended and approved that bill on September 23, 2009.

3/3. On Wednesday, March 3, the Senate will resume consideration of HR 4213 [LOC | WW], the "Tax Extenders Act of 2009". Section 111 of this bill would amend 26 U.S.C. § 41, to extend for one year (through December 31, 2010), the research and development tax credit.

The House passed this bill on December 9, 2009. The credit expired on December 31, 2009.

The R&D tax credit is a top legislative priority for most large U.S. info and bio technology companies.

The R&D Credit Coalition stated in a release that "We are pleased to see the Senate return its attention to the research and development (R&D) tax credit, a critical measure for job growth in the United States as more than 70 percent of credit dollars go to U.S. wages. The one-year seamless extension of the credit proposed in the Senate extenders package would bring welcome relief from the uncertainty caused by expiration of the credit on December 31, 2009."

It added that "For our nation's long-term competitiveness and recovery, we also call upon Congress to support an improved R&D incentive. A stronger, permanent credit such as those proposed in stand-alone bills in both chambers has the potential to add billions to our GDP and tax coffers, spur thousands of patents, and give companies one more reason to invest in America."

The credit was first enacted in 1981 as a temporary measure. Since then the Congress has extended it for one or a few years. There are proposals in every Congress to make it permanent, and Presidents sometimes make statements regarding making it permanent. With so many extensions, companies have come to expect the credit to be continued, and plan accordingly, even when the credit is allowed to briefly lapse. Extensions are always retroactive.

By keeping the credit temporary, administration and Congressional budget staff, in making revenue projections, can operate under the fiction that tax revenues will increase when the credit expires.

By keeping the issue on the agenda, candidates for federal office, and especially incumbents, can rely upon a continuous flow of campaign contributions from supporters of the credit.

2/22. Rep. Zoe Lofgren (D-CA), and others introduced HR 4641 [LOC | WW], the "Robocall Privacy Act of 2010", a bill to amend the criminal code to impose slight restrictions on political robocalls. The bill was referred to the House Judiciary Committee (HJC).

The bill would add a new section to the criminal code, at 18 U.S.C. § 612. It would only regulate robocalls in which no person is available to speak with the person answering the call. It would only regulate robocalls regarding federal elections. It would only regulate robocalls made between 9:00 PM and 8:00 AM, and multiple robocalls per day.

Moreover, this bill would not regulate robocalls in which there is a message at the beginning of the call stating that it is recorded, stating the name of sponsor of the call, and providing accurate caller ID information.

This bill has some similarities to S 1077 [LOC | WW], also titled the "Robocall Privacy Act of 2010", introduced in the Senate on May 19, 2009, by Sen. Dianne Feinstein (D-CA).

The original cosponsors of the bill are Rep. John Campbell (R-CA), Rep. Barney Frank (D-MA), Rep. Melissa Bean (D-IL), Rep. Bob Filner (D-CA), and Rep. Grace Napolitano (D-CA).

2/27. The House and Senate passed, and President Obama signed, a bill that provides for a one year extension of certain sunsetted surveillance powers in the Foreign Intelligence Surveillance Act (FISA). These powers pertain to lone wolves, business records, and roving wiretaps.

On February 24, 2010, the Senate amended and passed HR 3961 [LOC | WW]. This was a Medicare bill. However, the Senate replaced the Medicare provisions with language extending for one year certain expiring provisions of the 2001 surveillance act (Section II of the bill also known as the "USA PATRIOT Act") and an expiring provision of  the "Intelligence Reform and Terrorism Prevention Act of 2004".

The House concurred in the Senate's amendments on February 26. President Obama signed the bill on February 27. It is now Public Law No. 111-141.

The substantive language of the just enacted bill is as follows:

(a) USA PATRIOT Improvement and Reauthorization Act of 2005. -- Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is amended by striking ``February 28, 2010´´ and inserting ``February 28, 2011´´.

(b) Intelligence Reform and Terrorism Prevention Act of 2004. -- Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3742; 50 U.S.C. 1801 note) is amended by striking ``February 28, 2010´´ and inserting ``February 28, 2011´´.

Lone Wolf Provision of 2004 Act. The Foreign Intelligence Surveillance Act (FISA) was originally enacted in 1978. It is codified in Title 50 of the U.S. Code. It pertains to surveillance of a "foreign power" and an "agent of a foreign power". The term "foreign power" is defined to include "a group engaged in international terrorism". The FISA gives the government broader powers to conduct surveillance of foreign powers and their agents, and under lower standards, than the government possesses under Title 18 when conducting surveillance of U.S. persons.

The Congress enacted the huge HR 3162 (107th Congress), the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001", in late 2001. Title II of this Act pertains to surveillance. It contains many amendments to the FISA. Some, but not all, of these provisions were subjected to sunset provisions, at Section 224 of the 2001 Act.

The Congress amended the FISA in 2004 to provide that certain individuals, who are not agents of any power or terrorist organization, are subject to FISA based surveillance. These individuals, acting alone, are sometimes referred to a lone wolves.

The Congress included this language in Section 6001 of S 2845 (108th Congress), the "Intelligence Reform and Terrorism Prevention Act of 2004". This Act is Public Law No. 108-458.

Section 6001 of the 2004 Act provides as follows:

(a) IN GENERAL- Section 101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by adding at the end the following new subparagraph:

'(C) engages in international terrorism or activities in preparation therefore; or'.

(b) SUNSET- The amendment made by subsection (a) shall be subject to the sunset provision in section 224 of Public Law 107-56 (115 Stat. 295), including the exception provided in subsection (b) of such section 224.

That is, 50 U.S.C. § 1801(b) defines the term "agent of a foreign power". The 2004 Act amended the definition to include "any person other than a United States person, who ... engages in international terrorism or activities in preparation therefore", thus bringing individuals acting alone within the reach of the FISA. But, the 2004 Act also included a sunset clause. It incorporated by reference the sunset clause in Section 224 of the 2001 Act.

However, in 2006 the Congress extended the sunset of Section 6001 of the 2004 Act by enacting HR 3199, the "USA PATRIOT Improvement and Reauthorization Act of 2005". It was signed into law on March 9, 2006. It is now Public Law No. 109-177.

It provides, in relevant part, at subsection 103 as follows:

Section 6001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3742) is amended to read as follows ... Sunset ... the amendment made by subsection (a) shall cease to have effect on December 31, 2009".

This extended the effectiveness of the Section 6001 lone wolf provision through the end of 2009.

The Congress provided a further two month extension in December of 2009, by enacting HR 3326 [LOC | WW], the "Department of Defense Appropriations Act, 2010", which amends the sunset provision of the 2006 Act. This is a huge appropriations bill that was also used as a vehicle to extend the expiring provisions of numerous other statutes.

President Obama signed it into law on December 19, 2009. It is now Public Law No. 111-118.

Division B, at Section 1004, provides as follows:

(b) Intelligence Reform and Terrorism Prevention Act of 2004- Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3742; 50 U.S.C. 1801 note) is amended by striking `December 31, 2009´ and inserting `February 28, 2010´.

And finally, the just enacted Act amends the 2004 Act to continue the effectiveness through February 28, 2011.

Business Records Provision of 2001 Act. Section 215 of the 2001 Act rewrote Section 501 of the FISA, which is codified at 50 U.S.C. § 1861. This is the section of the FISA that provides for "Access to Certain Business Records for Foreign Intelligence and International Terrorism Investigations".

This 215/501/1861 authority enables the FBI to obtain from a judge or magistrate an order requiring the production business records. While the statute does not expressly include library records, it is not disputed that library records are covered.

It further provides that if the government submits an application to the court that states that there are "reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation", then the "judge shall enter an ex parte order as requested. This is a very low standard, and the judge is left with no discretion.

Libraries have been vocal in their opposition to this provision.

The 2001 Act, at Section 224, provided that, with certain enumerated exceptions, the sections of Title II of the 2001 Act "shall cease to have effect on December 31, 2005". This Section 224 thus sunsetted Section 215.

However, in 2006 the Congress extended the sunset of Section 215 by enacting HR 3199, the "USA PATRIOT Improvement and Reauthorization Act of 2005". It was signed into law on March 9, 2006. It is now Public Law No. 109-177.

It provides, in relevant part, at subsection 102(b)(1) as follows:

(b) Sections 206 and 215 Sunset -- (1) IN GENERAL -- Effective December 31, 2009, the Foreign Intelligence Surveillance Act of 1978 is amended so that sections 501, 502, and 105(c)(2) read as they read on October 25, 2001."

President Bush signed the 2001 Act on October 26, 2001. Thus, the reference to October 25, 2001 denotes the FISA as it existed before amended by the 2001 Act. That is, as of December 31, 2009, Section 501 of the FISA reverted to its pre-2001 Act language; the amendment worked by Section 215 of the 2001 Act lapses.

The Congress provided a further two month extension, by replacing the 2006 Act's December 31, 2009 date with February 28, 2010. The aforementioned HR 3326, enacted in December of 2009, provides as follows:

USA PATRIOT Improvement and Reauthorization Act of 2005- Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 195) is amended by striking `December 31, 2009' and inserting `February 28, 2010'.

And finally, the just enacted Act amends the 2006 Act to continue the effectiveness of the 2001 Act's Section 215 revisions through February 28, 2011.

Roving Wiretap Provision of 2001 Act. Section 206 of the 2001 Act amended Section 105(c)(2)(B) of the FISA, which is codified at 50 U.S.C. § 1805, to have the effect of allowing the court to authorize roving wiretaps.

Section 1805(c)(2)(B) now provides that "An order approving an electronic surveillance under this section shall direct ... upon the request of the applicant, a specified communication or other common carrier, landlord, custodian, or other specified person, or in circumstances where the Court finds, based upon specific facts provided in the application, that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons, furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance".

Rep. Ed Perlmutter (D-CO) explained during House debate on February 25 how this language is applied. "Another expiring provision reauthorizes wiretaps on terrorism suspects so that law enforcement officials do not have to file multiple applications when a terrorist disposes of phone after phone or shifts from one communication device to another. Otherwise, terrorists could use multiple devices or frequently change cell phone numbers or carriers, with the aim of interfering with surveillance efforts under FISA."

Section 224 of the 2001 Act (quoted above) provided for a December 31, 2005, sunset. And, the 2006 Act, HR 3119 (also quoted above) extended this sunset through the end of 2009.

And then, HR 3326, enacted in December 2009, provided a two month extension.

And finally, the just enacted Act amends the 2006 Act to continue the effectiveness of the 2001 Act's Section 206 revisions through February 28, 2011.

So that, as clear as is the summer's sun, the sovereign holds the power to surveil lone wolves, obtain roving wiretap orders, and gain broad access to library, phone, ISP and other business records, under the FISA, unto the day of February 28, 2011.

There are also numerous pending bills, not addressed in this story, that would provide substantive changes to the FISA and surveillance law.

2/26. The House Oversight and Government Reform Committee (HOGRC) previously scheduled its mark up of HR 4098 [LOC | WW], the "Secure Federal File Sharing Act", for February 26, 2010. HOGRC staff stated that the mark up will take place at 9:30 AM on March 4.

2/25. The House amended and passed HR 2701 [LOC | WW], the "Intelligence Authorization Act for Fiscal Year 2010". The vote on final passage was 235- 168. It was a mostly party line vote. See, Roll Call No. 73. The Senate has not yet passed this bill.

3/3. Stuart Graham was named Chief Economist at the U.S. Patent and Trademark Office (USPTO). He will take leave from his position as a professor at Georgia Tech's College of Management specializing in the economics of intellectual property, with an emphasis on the patent system. See also, curriculum vitae [PDF].

3/2. The Senate confirmed Barbara Keenan to be a Judge of the U.S. Court of Appeals (4thCir) by a vote of 99-0. See, Roll Call No. 30. She is currently a Justice of the Supreme Court of Virginia.

3/1. President Obama announced his intent to nominate Michael Camuñez to be Assistant Secretary for Market Access and Compliance at the Department of Commerce (DOC). See, White House new office release. He works in the Executive Office of the President. He was previously a partner in the law firm of O'Melveny & Myers.

3/1. The law firm of Wilkinson Barker & Knauer announced in a release that Cheryl Tritt, Charles Kennedy, and Jennifer Kostyu have joined the firm as partners, and Frank Krogh and Phuong Pham have become Of Counsel to the firm. All previously worked at the law firm of Morrison & Foerster. In addition, William Maher will become a partner in April. Tritt was Chief of the Federal Communications Commission's (FCC) Common Carrier Bureau (now Wireline Competition Bureau) and adviser to former FCC Chairman Alfred Sikes during the administration of the elder President Bush. Maher was Chief of the FCC's WCB from 2002 through 2004.

3/1. The Office of the U.S. Trade Representative (OUSTR) released document titled "2010 Trade Policy Agenda and 2009 Annual Report".

3/1. The Government Accountability Office (GAO) released a report [35 pages in PDF] titled "Telecommunications: Information Collection and Management at the Federal Communications Commission". It states that "we have found weaknesses in certain information collection, management, and reporting processes".

2/22. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-119 [175 pages in PDF] titled "Guidelines for the Secure Deployment of IPv6". The deadline to submit comments is April 23, 2010.

2/19. The Federal Trade Commission (FTC) filed a amicus curiae brief with the U.S. Court of Appeals (FedCir) in Princo v. ITC, App. Ct. No. 2007-1386, a case regarding importation of compact discs. See, April 20, 2009, panel opinion [pages in PDF] of the Court of Appeals. The U.S. Court of Appeals (FedCir) is scheduled to hear en banc oral argument on March 3, 2010.

The House will meet at 10:00 AM for legislative business. It will consider non-technology related items. See, Rep. Hoyer's schedule for week of March 1, and schedule for March 3.

The Senate will meet at 9:30 AM. It will resume consideration of HR 4213 [LOC | WW], the "Tax Extenders Act of 2009". Section 111 of this large bill would extend for one year the research and development tax credit.

8:30 AM - 5:00 PM. Day one of a two day event hosted by the Software and Information Industry Association (SIIA) titled "Ed Tech Government Forum". At 8:45 AM Roberto Rodriguez (Executive Office of the President) will give a speech titled "Obama Education Agenda and the Role of Technology". Secretary of Education Arne Duncan will give the lunch keynote address. See, event web site. Location: Hyatt Regency Capitol Hill, 400 New Jersey Ave., NW.

9:45 AM. The Office of the U.S. Trade Representative (OUSTR) will hold a hearing to assist it in making determinations that identify countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. The OUSTR is required to make these Special 301 determinations by Section 182 of the Trade Act of 1974, which is codified at 19 U.S.C. § 2242. See, notice in the Federal Register, January 15, 2010, Vol. 75, No. 10, at Pages 2578-2580. Location: U.S. International Trade Commission, 500 E St., SW.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "The 2010 Trade Agenda". The witness will be Ron Kirk, head of the Office of the U.S. Trade Representative (OUSTR). See, notice. Location: Room 215, Dirksen Building.

10:00 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Domestic and International Trademark Implications of HAVANA CLUB and Section 211 of the Omnibus Appropriations Act of 1999". See, notice. Location: Room 2141, Rayburn Building.

11:00 AM - 6:00 PM. The Association of American Publishers (AAP) will hold an event titled "AAP General Annual Meeting". There will be a panel discussion titled "The Future of Copyright". The speakers will include Marybeth Peters (Register of Copyright), Mark Helprin (author of the book [Amazon] titled "Digital Barbarism: A Writer's Manifesto"), and Pamela Samuelson (UC Berkeley). There will also be a panel titled "Navigating Changes in Business Models in the Emerging Digital World". See, agenda. Location: Hyatt Regency on Capitol Hill, Columbia Room A & B, 400 New Jersey Ave., NW.

2:00 PM. The House Homeland Security Committee (HHSC) will hold a hearing titled "The Department of Homeland Security’s Science and Technology Directorate". The witness will be Tara O'Toole, the DHS's Under Secretary for Science and Technology. The HHSC will webcast this event. See, notice. Location: Room 311, Cannon Building.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in Princo Corp. v. USITC, App. Ct. No. 2007-1386, a case regarding importation of compact discs. See, April 20, 2009, panel opinion [pages in PDF] of the Court of Appeals. Location: Courtroom 201, 717 Madison Place, NW.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on on Emerging Threats, Cybersecurity, and Science and Technology will hold a hearing titled "The Department of Homeland Security’s Science and Technology Directorate". The HHSC will webcast this event. Location: Room 311, Cannon Building.

The House will meet at 10:00 AM for legislative business. It will consider non-technology related items. See, Rep. Hoyer's schedule for week of March 1.

8:30 AM - 3:30 PM. Day one of a two day event hosted by the Software and Information Industry Association (SIIA) titled "Ed Tech Government Forum". See, event web site. Location: Hyatt Regency Capitol Hill, 400 New Jersey Ave., NW.

9:00 AM - 2:00 PM. The National Telecommunications and Information Administration's (NTIA) Commerce Spectrum Management Advisory Committee will meet. See, notice in the Federal Register, February 18, 2010, Vol. 75, No. 32, at Page 7234. Location: Department of Commerce, Room 4830, 1401 Constitution Ave., NW.

? The House Oversight and Government Reform Committee (HOGRC) will meet to mark up of HR 4098 [LOC | WW], the "Secure Federal File Sharing Act". Location: Room 2154, Rayburn Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet will hold a hearing titled "'Hearing On “Oversight Of The American Recovery And Reinvestment Act: Broadband, Part 3". See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a hearing titled "DHS Intelligence Programs and the Effectiveness of State and local Fusion Centers". Location: Room 2358A, Rayburn Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "Reform in K-12 STEM Education". The HSC will webcast this event. Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again lists consideration of the nomination of Dawn Johnsen to be Assistant Attorney General in charge of the Office of Legal Counsel (OLC). The agenda also includes consideration of Lucy Koh to be a Judge of the U.S. District Court for the Northern District of California. See, story titled "Obama Picks Lucy Koh to Replace Ron Whyte on District Court" in TLJ Daily E-Mail Alert No. 2,038, January 25, 2010. The agenda also includes consideration of several other judicial nominees: Gloria Navarro (USDC/DNev), Audrey Fleissig (USDC/EDMO), Jon Deguilio (USDC/NDInd), Tanya Pratt (USDC/SDInd), and Jane Stinson (USDC/SDInd). The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Appropriations Committee (SAC) will hold a hearing titled "Funding and Oversight for the Department of Commerce". The witnesses will include Gary Locke (Secretary of Commerce) and Todd Zinser (Inspector General). Location: Room 192, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Siemans AG v. Seagate Technology, App. Ct. No. 2009-1382, an appeal from the U.S. District Court (CDCal) in a patent infringement case involving technology for reading data on hard disk drives. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Lincoln National Life Insurance Company v. Transamerica Life Insurance Company, App. Ct. No. 2009-1403, a patent infringement case regarding a computer based method for providing retirement benefits. Location: Courtroom 201, 717 Madison Place, NW.

10:30 AM - 5:00 PM. The Federal Communications Commission (FCC) will host a workshop titled "Serving the Public Interest in the Digital Era". The topics on the agenda include the public interest requirements for commercial media and telecommunications companies, local commercial broadcast TV and radio news and information, and "impact of media convergence and the emergence of the Internet, mobile technologies, and digital media on FCC media policy". The speakers will include FCC Commissioner Michael Copps, Steven Waldman (FCC), Paul Starr (Princeton), Henry Geller, Robert Ratcliffe (FCC), Angela Campbell (Georgetown Univ.), Barbara Cochran, Jerald Fritz (Allbritton Communications), Eric Klinenberg (NYU), Jane Mago (NAB), Tom Rosensteil (Pew Research Center), Andrew Schwartzman (MAP), Dan Brenner (Hogan & Hartson), Christopher McCabe (CTIA), Jeff Jarvis (CUN?Y), Srinandan Kasi (AP), Ben Scott (Free Press), and Adam Thierer (Progress & Freedom Foundation). See, notice. Location: FCC, Commission Meeting Room.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Cloud Computing: A Truly New Service or Just a New Trendy Name?". The speakers will be Bruce Andrews (General Counsel, Senate Commerce Committee), Jeffery Goldthorp (FCC), Debra Diener (IRS), Lew Oleinick (Defense Logistics Agency), John Nagengast (AT&T), Stephen Schmidt (Amazon Web Services), and Carolyn Brandon (Georgetown University business school). The price to attend ranges from free to $30. Most DC Bar events are not open to the public. See, notice. For more information, call 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

2:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, State and Related Agencies will hold a hearing titled "FY2011 Budget for the Department of Commerce". The HAC will webcast this event. Location: Room 2359, Rayburn Building.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics (BOE) will host a seminar presented by Scott Hemphill (Columbia University law school) and Bhaven Sampat (Columbia). Hemphill has published papers on antitrust, drug patent settlements), and network neutrality. For more information, contact Loren Smith lsmith2 at ftc dot gov or Tammy John tjohn at ftc dot gov. Location: FTC, Conference Center, 601 New Jersey Ave., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) Wireline Committee will host an event titled "Special Access: Historical Perspective and Current Issues". The price to attend ranges from $95 to $150. This event qualifies for continuing legal education credits. Registrations and cancellations are due by 5:00 PM on March 2. Location: 6th floor, Sidley Austin, 1501 K St., NW.

Deadline to submit to the Federal Communications Commission (FCC) statements in support of or in opposition to the petition for rulemaking [22 pages in PDF] submitted by the California Public Utilities Commission (CPUC) regarding direct access to the FCC's Network Outage Reporting System (NORS). See, notice in the Federal Register, February 9, 2010, Vol. 75, No. 26, at Pages 6339-6340. This proceeding is RM-11588 and ET Docket No. 04-35.

Rep. Hoyer's schedule for week of March 1 states that "no votes are expected in the House".

8:30 AM - 12:15 PM. The Information Technology Association of America (ITIF), University of Colorado's Silicon Flatirons, and Public Knowledge (PK) will host a half day conference titled "An FCC for the Internet Age". Location: Washington Court Hotel, 525 New Jersey Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in WNS Holdings, LLC v. United Parcel Service Service, Inc., App. Ct. No. 2009-1498, an appeal from the U.S. District Court (WDWisc). Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in ClearPlay, Inc. v. Nissim Corp., App. Ct. No. 2009-1471. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Fenner Investments Ltd. v. Microsoft Corp., App. Ct. No. 2009-1496, an appeal from the U.S. District Court (EDTex) in a patent infringement case involving joystick technology. Location: Courtroom 402, 717 Madison Place, NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [107 pages in PDF] that proposes to regulate the network management practices of broadband internet access service providers. The FCC titles this proceeding "In the Matter of Preserving the Open Internet Broadband Industry Practices". This NPRM is FCC 09-93 in GN Docket No. 09-191 and WC Docket No. 07-52. See, notice in the Federal Register, November 30, 2009, Vol. 74, No. 228, at Pages 62637-62662. See also, stories titled "FCC Adopts Internet Regulation NPRM", "Text of Proposed Internet Regulation Rules", "Statutory Authority and Ancillary Jurisdiction", "More Praise for the FCC's NPRM", "More Criticism of the FCC's NPRM", and "Sen. McCain Introduces Bill to Block FCC Regulation of Internet or IP-Enabled Services" in TLJ Daily E-Mail Alert No. 2,008, October 23, 2009.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding its e-rate program, and the "Protecting Children in the 21st Century Act". See, notice in the Federal Register, January 19, 2010, Vol. 75, No. 11, at Pages 2836-2843, and story titled "FCC Adopts E-Rate NPRM" in TLJ Daily E-Mail Alert No. 2,011, November 9, 2009. The FCC adopted this NPRM on November 4, 2009, and released the text on November 5, 2009. It is FCC 09-96 in CC Docket No. 02-6.

8:00 AM - 5:15 PM. Day one of a two day event hosted by the Department of Health and Human Services titled "Workshop on the HIPAA Privacy Rule's De-Identification Standard". See, notice in the Federal Register, February 24, 2010, Vol. 75, No. 36, at Pages 8363-8364. Location: Washington Marriott at Metro Center, 775 12th St., NW.

8:30 AM - 5:30 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Committee on Equal Opportunities in Science and Engineering (CEOSE). See, notice in the Federal Register, February 5, 2010, Vol. 75, No. 24, at Page 6063. Location: NSF, 4201 Wilson Boulevard, Arlington, VA.

9:00 AM. The U.S. District Court (EDVa) will hold a hearing in Microsoft v. John Does, D.C. No. 1:10CV156(LMB). This is the Waledac botnet case. See, story titled "Microsoft Obtains Ex Parte TRO in Waledac Botnet Case" in TLJ Daily E-Mail Alert No. 2,053, March 2, 2010. This hearing is open to the public. Location: Bryan Courthouse, 401 Courthouse Square, Alexandria, VA.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will hold a brown bag lunch titled "Meet the FCC's Technologists". The speakers will be Julius Knapp (Chief of the FCC's Office of Engineering and Technology), Jon Peha (Chief Technologist in the FCC's Office of Strategic Planning), and Stagg Newman (Chief Technologist on the FCC's National Broadband Task Force). The Federal Communications Bar Association (FCBA) states that this is an FCBA event. For more information, contact Tami Smith at tesmith at sidley dot com. Location: Sidley Austin, 1501 K St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a program titled "Fraud in Trademark Cases: Impact of the Federal Circuit's New Standard". The speakers will be Cheryl Black (Goodman Allen & Filetti), Michael Clayton (Morgan Lewis & Bockius), and Gerard Rogers (USPTO's Trademark Trial & Appeal Board). The price to attend ranges from $89 to $129. This event qualifies for continuing legal education (CLE) credits. Most DC Bar events are not open to the public. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

1:15 - 6:15 PM. Day one of a two day event hosted by the DC Bar Association titled "2010 Judicial and Bar Conference: Survival Strategies for Modern Legal Times". See, conference web site. Location: Ronald Reagan Building, 1300 Pennsylvania Ave., NW.

EXTENDED FROM FEBRUARY 8. Extended deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding "methods that may be employed by applicants and the USPTO to enhance the quality of issued patents, to identify appropriate indicia of quality, and to establish metrics for the measurement of the indicia". See, notice of extension in the Federal Register, February 1, 2010, Vol. 75, No. 20, at Pages 5040-5041.

8:30 AM - 2:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Committee on Equal Opportunities in Science and Engineering (CEOSE). See, notice in the Federal Register, February 5, 2010, Vol. 75, No. 24, at Page 6063. Location: NSF, 4201 Wilson Boulevard, Arlington, VA.

8:30 - 11:30 AM. Day two of a two day event hosted by the Department of Health and Human Services titled "Workshop on the HIPAA Privacy Rule's De-Identification Standard". See, notice in the Federal Register, February 24, 2010, Vol. 75, No. 36, at Pages 8363-8364. Location: Washington Marriott at Metro Center, 775 12th St., NW.

9:00 AM - 12:15 PM. The Federal Communications Commission (FCC) and the Knight Foundation (KF) will host an event titled "Digital Inclusion Summit: Working Together to Expand Opportunity Through Universal Access". The speakers will include FCC Chairman Julius Genachowski, FCC Commissioners Michael Copps, FCC Commissioner Mignon Clyburn and FCC Commissioner Meredith Baker. This event is free and open to the public. See, FCC notice and KF registration page. Location: Newseum, 555 Pennsylvania Ave., NW.

9:30 AM - 5:45 PM. Day two of a two day event hosted by the DC Bar Association titled "2010 Judicial and Bar Conference: Survival Strategies for Modern Legal Times". See, conference web site. At 2:30 - 5:45 PM, there will be a program, in two parts, titled "Emerging E-Communications Issues: Before, During, and After Trial". The price to attend is $55 for each part. Most DC Bar events are not open to the public. See, notice and notice. For more information, contact Verniesa Allen at 202-626-3439. Location: Location: Ronald Reagan Building, 1300 Pennsylvania Ave., NW.

8:45 AM - 12:30 PM. The University of Colorado's Silicon Flatirons, Information Technology and Innovation Foundation (ITIF), Federal Communications Commission (FCC), American Association of People with Disabilities (AAPD), and the District of Columbia Public Library System will host an event titled "The National Broadband Plan and Accessibility for People with Disabilities Conference". The speakers will include FCC officials, Robert Atkinson (ITIF), Jenifer Simpson (AAPD), Vint Cerf (Google), Link Hoewing (Verizon), Fernando Laguarda (Time Warner Cable), and others. See, notice and registration page. Location: Martin Luther King Library, 901 G St., NW.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "The National Science Foundation's FY 2011 Budget Request". The HSC will webcast this event. Location: Room 2318, Rayburn Building.

11:00 AM - 3:00 PM. The Department of Defense's (DOD) Department of the Air Force's IS-GPS-200, IS-GPS-705, IS-GPS-800 Interface Control Working Group (ICWG) will meet by teleconference. This event is open to the public. To participate, call 1-800-FON-SAIC (1-800-366-7242); the code is 4511074. See, notice in the Federal Register, February 26, 2010, Vol. 75, No. 38, at Page 8928.

12:00 NOON. The Cato Institute will host a panel discussion of the book [Amazon] titled "The Watchers: The Rise of America's Surveillance State". The speakers will be Shane Harris (author), Jim Harper (Cato), and Julian Sanchez (Cato). This event is free and open to the public. Lunch will be served after the program. The Cato Institute will webcast this event. See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

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