Rep. Boucher Loses Election |
11/2. Rep. Rick Boucher (D-VA) lost his bid
for re-election to the House. He is currently the Chairman of the
House Commerce Committee's (HCC) Subcommittee on
Communications, Technology and the Internet.
He is one of the Congresses leading authorities on communications and internet technologies,
laws and policies.
He was first elected to the Virginia 9th District in 1982. He is one of the
most senior members of both the HCC and the
House Judiciary Committee (HJC).
His district has always possessed demographic characteristics that would
suggest vulnerability to a Republican challenger. However, until the November 2
election he held the seat through skillful and diligent representation of his
constituents.
Rep.
Boucher (at right) likely lost because he was compelled by the House Democratic leadership
to vote for high profile initiatives that were unpopular in his District, such as the
bills sometimes referred to as cap and trade, Obamacare, and stimulus.
At the same time, the leadership's and the Obama administration's incessant focus these
issues left Rep. Boucher little opportunity to connect with his constituents on
other issues where he shared their views and values.
In an earlier era, back in the 1990s, there was a group of Representatives and Senators
who worked to enact laws, and promote government policies, that would advance the development
and use of the internet and information technologies and the economic and social benefits
that would flow therefrom. Efforts by these legislators, which were often directed at
preventing harmful government regulation, were often bipartisan, bicameral, and productive.
Rep. Boucher was one of the most knowledgeable and active members of this group.
For example, in the late 1990s, Rep. Bob Goodlatte
(R-VA) and Rep. Zoe Lofgren (D-CA) jointly organized
opposition to Clinton administration encryption policies that threatened the tech sector.
Similarly, former Rep. Chris Cox (R-CA) and former Rep. Ron Wyden (D-OR) jointly sponsored
legislation to temporarily ban discriminatory state and local taxes on certain internet
services.
That era is gone. Many of these technophiles have died, lost elections, or not
sought re-election (such as Conrad Burns, Tom Campbell, Chris Cox, Bart Gordon, Robert
Matsui, and Rick White). Others, such as Rep. Goodlatte and former Rep. and now
Sen. Wyden remain in the Congress, but devote little attention to these
issues. Also, Sen. Wyden long ago gave up his seat on the
Senate Commerce Committee (SCC) for a
seat on the Senate Finance Committee (SFC).
Some other former tech proponents now focus on promoting the interests of one
company, or one narrow sector, in intramural tech policy contests.
Rep. Boucher has sponsored many major bills in recent Congresses. However, the key bills
have not become law. For example, he has worked to create a data privacy regulatory regime,
reform the universal service tax and subsidy programs, and create an incentive spectrum auction
process.
The 112th Congress may enact a data privacy bill. His partner in that effort,
Rep. Cliff Stearns (R-FL), won re-election with 71%
of the vote. The next Congress may also provide for incentive auctions by the Federal
Communications Commission (FCC). Rep. Stearns is also Rep. Boucher's cosponsor of that bill.
There has long been broad agreement in the Congress, in industry, and at the FCC that the
universal service system is in need of reform. However, little progress has been made towards
implementing reform. Rep. Lee Terry (R-NE), who has
co-sponsored universal service reform bills with Rep. Boucher, won re-election
with 61% of the vote.
Rep. Boucher has also been one of the House's leading opponents of content industry efforts
to increase copyright protection and enforcement. A decade ago he successfully lead efforts
to block legislation to create new proprietary interests in collections of data. In more recent
Congresses, Rep. Boucher worked unsuccessfully to create a fair use exemption to the
anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA).
|
|
|
House Commerce Committee |
11/2. Senior Republicans on the House Commerce
Committee (HCC) all won re-election. Rep. Joe
Barton (R-TX) won with 66% of the vote.
He is currently the ranking Republican. However, Republicans limit their Chairmen and ranking
members to three terms. He has announced that he wants a waiver to serve a fourth term. See,
story titled "Rep. Barton Seeks Chairmanship of House Commerce Committee" in TLJ Daily
E-Mail Alert No. 2,147, October 28, 2010.
Since the Republicans won a majority of the seats in the House, Committee and
Subcommittee Chairman in the 112th Congress will be Republicans.
Listed in order of seniority, Rep. Ralph Hall (R-TX), Rep. Fred Upton (R-MI),
Rep. Cliff Stearns (R-FL), Rep. Ed Whitfield (R-KY), and Rep. John Shimkus
(R-IL) all easily won re-election.
Another senior member, Rep. Roy Blunt (R-MO), did not run for re-election.
Rather, he won election to the Senate.
Another member, Rep. Lee Terry
(R-NE), who has long been involved in efforts to reform the universal service
tax and subsidy programs, won re-election.
Also, Rep. Greg Walden (R-OR), a former broadcaster, won re-election. He is a
member of the HCC, but is on leave for the 111th Congress as a member of the
House Republican leadership.
Many senior Democrats on the HCC will not return.
Rep. Rick Boucher (D-VA), the
Chairman of the Subcommittee on Communications, Technology and the Internet,
lost. Rep. Bart Gordon (D-TN) and Rep. Bart Stupak (D-MI) did not seek
re-election, and their districts both returned Republicans.
Rep. Henry Waxman (D-CA), the
Chairman of the HCC, won, as did Rep. Ed Markey (D-MA), Rep. Frank Pallone
(D-NJ), Rep. Bobby Rush (D-IL), and Rep. Anna Eshoo (D-CA).
Two Democratic members lost: Rep. Baron Hill
(D-IN), and Rep. Zach Space (D-OH). Rep. Charlie
Melancon (D-LA) ran for the Senate, instead of the House, and lost.
Also, Rep. Jerry McNerney (D-CA) was 23 votes behind with 98% of precincts reporting.
Democrats will lose a few more seats on the HCC due to the Republican
majority. Republicans will be able to appoint many new members.
The Federal Communications Commission (FCC), and some other federal agencies
within the jurisdiction of the HCC, may expect a stormier relationship with
their House overseers in the 112th Congress.
|
|
|
House Judiciary Committee |
11/2. Senior Republicans on the House
Judiciary Committee (HCC) all won re-election. Since the Republicans won a
majority of the seats in the House, Committee and Subcommittee Chairman in the
112th Congress will be Republicans.
Rep. Lamar Smith (R-TX) has served
as the ranking Republican during the 110th and 111th Congresses. He seeks the
Chairmanship.
In order of seniority, Rep. James Sensenbrenner (R-WI), Rep. Howard Coble
(R-NC), Rep. Elton Gallegly (R-CA), Rep. Bob Goodlatte (R-VA), Rep. Dan Lungren
(R-CA), and Rep. Darrell Issa (R-CA) all won re-election.
It should also be noted that former Rep. Steve Chabot (R-OH) won election to
the House. He previously served in the House, and on the HJC. It is possible
that he will once again be assigned to the HJC, and recover his seniority. In
the event that the HJC takes up patent reform legislation, he may once again be
active on that issue.
The HJC is made up in large part of members from opposite ends of the
ideological spectrum. Hence, there were few moderate or Blue Dog Democrats to be
defeated. Rep. Rick Boucher (D-VA)
lost. Also, Rep. Steve Delahunt (D-MA) did not seek re-election.
Rep. John Conyers (D-MI), the current Chairman, won. So too did Rep. Jerrold
Nadler (D-NY) and Rep. Howard Berman (D-CA). With Rep. Boucher's defeat, and
Rep. Berman's recent elevation to the Chairmanship of the House Foreign Affairs
Committee, Rep. Nadler is next in line behind Rep. Conyers. Next come Rep. Bobby
Scott (D-VA), Rep. Mel Watt (D-NC), Rep. Zoe Lofgren (D-CA), and Rep. Sheila Lee
(D-CA), all of whom won on November 2.
The constituent groups of the HJC include the copyright industries. Most of
the HJC members advocate the interests of the content industries. Many of its
members represent southern California districts. With the departure of Rep.
Boucher, Rep. Lofgren may be the leading skeptic of enhancing copyright
protection and enforcement for the movie and record industries.
However, numerous additional Republicans will be appointed to the HJC. Also,
some Democrats will lose their seats on the Committee.
The HJC is likely to be turbulent on some issues during the 112th Congress,
such as oversight and investigation of the Department of Justice (DOJ), and collegial on others,
such as intellectual property issues, including patent law reform.
Another key issue will likely be updating the Electronic Communications Privacy Act (ECPA).
|
|
|
Senate Judiciary Committee |
11/2. Sen. Patrick Leahy (D-VT) won
re-election to the Senate, and since the Democrats retained a narrow majority, he will
likely remain the Chairman of the Senate
Judiciary Committee (SJC).
Sen. Arlen Specter (D-PA), who switched from Republican to Democrat to
increase his chances of winning re-election, lost in the Democratic primary to
Rep. Joe Sestak (D-PA). Rep. Sestak then lost the general election on November 2
to Rep. Pat Toomey (R-PA).
Sen.
Russ Feingold (D-WI) (at left) also lost. He has been one of the Senate's
leading advocates of privacy interests and 4th Amendment rights in the context
of government wiretaps and other surveillance.
The one other Democrat who was in an election, Sen.
Charles Schumer (D-NY), won his race.
The other Democrats on the SJC were not in elections:
Sen. Amy Klobuchar (D-MN),
Sen. Al Franken (D-MN),
Sen. Dianne Feinstein (D-CA),
Sen. Herb Kohl (D-WI),
Sen. Richard Durbin (D-IL),
Sen. Ben Cardin (D-MD),
Sen. Sheldon Whitehouse (D-RI), and
Sen. Ted Kaufman (D-DE).
Sen. Charles Grassley (R-IA) and
Sen. Tom Coburn (R-OK) both won.
Sen. Orrin Hatch (R-UT),
Sen. Jon Kyl (R-AZ),
Sen. Jeff Sessions (R-AL),
Sen. Lindsay Graham (R-SC), and
Sen. John Cornyn (R-TX) were not in elections.
|
|
|
Dan Coats is Back |
11/2. Former Sen. Dan Coats (R-IN) won election to the Senate. He previously
served for ten years in the Senate. He was appointed to fill the seat of former
Sen. Dan Quayle (R-IN) after his election as Vice President. He then won a
special election in 1990, and re-election in 1992. He did not seek re-election in 1998.
During the late 1990s he was one of the Senate's leading proponents of
regulating content on the web.
He was one of the authors of the Child Online Protection Act (COPA). It was
HR 3783 in the 105th Congress, which was made a part of the Omnibus
Appropriations Act for FY 1999, which President Clinton signed into law on
October 21, 1998. It is codified at
47 U.S.C. § 231, but adjudicated unconstitutional.
The basic prohibition of the bill is this: "Whoever knowingly and with knowledge of
the character of the material, in interstate or foreign commerce by means of the World Wide
Web, makes any communication for commercial purposes that is available to any minor and that
includes any material that is harmful to minors shall be fined not more than $50,000,
imprisoned not more than 6 months, or both."
The COPA further provides that "It is an affirmative defense to prosecution
under this section that the defendant, in good faith, has restricted access by
minors to material that is harmful to minors ... by requiring use of a credit
card, debit account, adult access code, or adult personal identification number ..."
After protracted litigation, on July 22, 2008, the
U.S. Court of Appeals (3rdCir) issued
its opinion [57
pages in PDF] in ACLU v. Mukasey, in which it affirmed the judgment of
the District Court, which held that the COPA facially violates the First and
Fifth Amendments of the Constitution, and permanently enjoined enforcement of the COPA.
The Supreme Court later denied a petition for writ of certiorari. See,
story
titled "3rd Circuit Holds COPA Unconstitutional" in
TLJ Daily E-Mail
Alert No. 1,798, July 23, 2008.
|
|
|
About Tech Law
Journal |
Tech Law Journal publishes a free access web site and
a subscription e-mail alert. The basic rate for a subscription
to the TLJ Daily E-Mail Alert is $250 per year for a single
recipient. There are discounts for subscribers with multiple
recipients.
Free one month trial subscriptions are available. Also,
free subscriptions are available for journalists, federal
elected officials, and employees of the Congress, courts, and
executive branch. The TLJ web site is free access. However,
copies of the TLJ Daily E-Mail Alert are not published in the
web site until two months after writing.
For information about subscriptions, see
subscription information page.
Tech Law Journal now accepts credit card payments. See, TLJ
credit
card payments page.
TLJ is published by
David
Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
P.O. Box 4851, Washington DC, 20008.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998-2010 David Carney. All rights reserved.
|
|
|
|
In This
Issue |
This issue contains the following items:
• Rep. Boucher Loses Election
• House Commerce Committee
• House Judiciary Committee
• Senate Judiciary Committee
• Dan Coats is Back
|
|
|
Washington Tech
Calendar
New items are highlighted in
red. |
|
|
Tuesday, November 2 |
Election Day.
The House is in recess until November 15.
The Senate is in recess until November 12, except for pro
forma sessions.
8:30 AM - 3:15 PM. The National Institute
of Standards and Technology's (NIST) Technology Innovation Program (TIP) Advisory Board
will meet. See, notice in
the Federal Register, October 8, 2010, Vol. 75, No. 195, at Page 62369. NIST,
Advanced Measurement Laboratory, Building 215, Room C103, Gaithersburg, MD.
10:00 AM. The Supreme
Court will hear oral argument in Schwartzenegger v. Entertainment Merchants
Association, Sup. Ct. No. 08-1448, a petition for writ of certiorari to the
U.S. Court of Appeals (9thCir). The question
presented is whether a California state statute that prohibits the sale of violent video games
to minors under 18 violates the First Amendment. See, Supreme Court
docket, and 9th Circuit's February 20, 2009,
opinion. See also,
story titled
"9th Circuit Holds California Video Games Statute Unconstitutional" in
TLJ Daily E-Mail Alert No.
1,902, February 23, 2009; story titled "Supreme Court Grants Cert in Video Game
1st Amendment Case" in
TLJ Daily E-Mail Alert No.
2,081, April 30, 2010; and, story titled "California Files Brief with Supreme Court
in Video Games First Amendment Case" in
TLJ Daily E-Mail Alert No.
2,104, July 14, 2010.
1:00 - 2:30 PM. The American Bar
Association (ABA) will host a webcast and teleconferenced panel discussion titled
"Lawyer Websites: Ethical Traps and How to Avoid Them". See,
notice. Prices vary. CLE
credits.
|
|
|
Wednesday, November 3 |
7:30 AM - 1:30 PM. The National Journal will host a post election
day conference titled "The Day After". See,
notice and registration page. This event
is free. Location: Grand Hyatt Washington, Independence Ballroom, 1000 H St., NW.
8:30 AM - 4:30 PM. Day one of a two day meeting of
the National Archives and Records Administration's (NARA) Advisory
Committee on the Electronic Records Archives (ACERA). See,
notice in the
Federal Register, October 14, 2010, Vol. 75, No. 198, at Pages 63208-63209.
Location: NARA, 700 Pennsylvania Ave., NW.
9:00 AM - 4:30 PM. Day one of a three day meeting of the
National Institute of Standards and Technology's (NIST)
Information Security and
Privacy Advisory Board (ISPAB). See,
notice in the
Federal Register, September 23, 2010, Vol. 75, No. 184, at Pages 57904-57905.
Location: Marriott Hotel Washington, 1221 22nd St., NW.
9:00 AM. Day one of a two day partially closed
meeting of the Department of Commerce's (DOC)
Bureau of Industry and Security's (BIS)
Information Systems Technical Advisory Committee. The agenda includes
discussion of "Fault Tolerant Computer" and "Intel Technology Roadmap".
See, notice in the Federal
Register, October 19, 2010, Vol. 75, No. 201, at Pages 64258-64259. Location: DOC, Room
3884, 1401 Constitution Ave., NW.
10:00 AM. The Securities and Exchange
Commission (SEC) will hold an event titled "open meeting". See,
agenda.
Location: Room L-002, SEC, 100 F St., NE.
2:00 - 4:00 PM. Day one of a three day meeting of the
National Science Foundation's (NSF) Directorate for
Mathematical and Physical Sciences Advisory Committee. See,
notice in the Federal
Register, October 13, 2010, Vol. 75, No. 197, at Page 62891. Location: NSF, Room 1005, 4201
Wilson Blvd., Arlington, VA.
6:00 - 9:15 PM. The DC Bar
Association will host a panel discussion titled "Introduction to Export
Controls". The speakers will be Thomas Scott (Ladner & Associates) and
Carol Kalinoski. The price to attend ranges from $89 to $129. Reporters are barred from
attending most DC Bar events. CLE credits. See,
notice. For more information, call 202-626-3488. Location: DC Bar Conference
Center, 1101 K St., NW.
Deadline to submit initial comments to the
Copyright Office (CO) in response to its notice
of proposed rulemaking (NPRM) regarding "whether a cable operator may receive refunds
in situations where it has failed to pay for the carriage of distant signals on a
system-wide basis under the Copyright Act, before it was amended to allow a cable system to
calculate its royalty fees on a community-by-community basis." See, original
notice in the Federal
Register, October 4, 2010, Vol. 75, No. 191, at Pages 61116-61118, and correction
notice in the Federal
Register, October 12, 2010, Vol. 75, No. 196, at Page 62488. See also, story titled
"Copyright Office Issues NPRM Regarding Refunds Under the Cable Statutory
License" in TLJ Daily E-Mail Alert No. 2,140, October 11, 2010.
|
|
|
Thursday, November 4 |
8:00 AM - 6:00 PM. Day two of a three day meeting of the
National Science Foundation's (NSF)
Directorate for Mathematical and Physical Sciences Advisory Committee.
See, notice in
the Federal Register, October 13, 2010, Vol. 75, No. 197, at Page 62891.
Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.
8:30 AM - 5:00 PM. Day two of a three day meeting of the
National Institute of Standards and Technology's (NIST)
Information Security and
Privacy Advisory Board (ISPAB). See,
notice in the
Federal Register, September 23, 2010, Vol. 75, No. 184, at Pages 57904-57905.
Location: Marriott Hotel Washington, 1221 22nd St., NW.
9:00 AM - 4:30 PM. Day one of a two day meeting of
the National Archives and Records Administration's (NARA) Advisory
Committee on the Electronic Records Archives (ACERA). See,
notice in the
Federal Register, October 14, 2010, Vol. 75, No. 198, at Pages 63208-63209.
Location: NARA, 700 Pennsylvania Ave., NW.
9:00 AM. Day two of a two day partially closed
meeting of the Department of Commerce's (DOC)
Bureau of Industry and Security's (BIS)
Information Systems Technical Advisory Committee. The agenda includes
discussion of "Fault Tolerant Computer" and "Intel Technology Roadmap".
See, notice in the Federal
Register, October 19, 2010, Vol. 75, No. 201, at Pages 64258-64259. Location: DOC, Room
3884, 1401 Constitution Ave., NW.
9:30 AM. The Department of Commerce's (DOC)
Bureau of Industry and Security's (BIS)
Transportation and Related Equipment Technical Advisory Committee will hold a partially
closed meeting. See, notice
in the Federal Register, October 20, 2010, Vol. 75, No. 202, at Page 64700. Location: DOC,
Room 6087B, 1401 Constitution Ave., NW.
9:30 AM - 5:00 PM. The President's
Council of Advisors on Science and Technology (PCAST) will hold a partially closed
meeting. See, notice in
the Federal Register, October 12, 2010, Vol. 75, No. 196, at Page 62612. Location: Keck
Center of the National Academies, 500 5th St., NW.
RESCHEDULED FOR NOVEMBER 30. 10:30 AM. The Federal
Communications Commission (FCC) may hold an event titled "open meeting". Location:
FCC, Commission Meeting Room, 445 12th St., SW.
12:00 NOON - 1:30 PM. The
National Economists Club (NEC) will host a lunch. The speaker will be William Reinsch
(National Foreign Trade Council). His topic is
"Recreating a 21st Century Trade Policy". Prices vary. Location: Darlington
House, 1610 20th St., NW.
1:00 - 4:00 PM. The Federal Communications Commission's (FCC)
Technological Advisory Council will hold its first meeting. See, FCC
release and story titled "FCC Creates Technological Advisory Council" in
TLJ Daily E-Mail Alert No. 2,145, October 22, 2010. Location: FCC, Commission
Meeting Room, 445 12th St., SW.
TIME? Day one of a two day event hosted by the
National Institute of Standards and Technology
(NIST) titled "Cloud Computing Forum & Workshop II". See,
event web page, and
notice in the Federal
Register, October 19, 2010, Vol. 75, No. 201, at Page 64258. This event is free. The
deadline to register is October 28, 2010. Location: NIST, Red Auditorium, 100 Bureau Drive,
Gaithersburg, MD.
6:00 - 8:15 PM. The Federal Communications
Commission (FCC) will host an event titled "The FCC's New Data Tools".
The speakers will be Pat Rinn (Deputy Chief Information Officer in the FCC's Office of
Managing Director), James Brown ( Deputy Division Chief in the FCC's Wireless
Telecommunications Bureau's Spectrum Management Resources & Technologies Division),
and Bill Cline (Associate Bureau Chief in the FCC's Consumer & Governmental Affairs
Bureau). CLE credits. The price to attend ranges from $25 to $150. The Federal
Communications Bar Association (FCBA) states that this is an FCBA event. See,
notice. Location: Bingham McCutchen, 2020 K St., NW.
Day one of a two day event hosted by the
U.S. Patent and Trademark Office (USPTO) titled "Independent Inventors
Conference". Location: USPTO, Alexandria, VA.
|
|
|
Friday, November 5 |
8:00 AM - 3:00 PM. Day three of a three day meeting of the
National Science Foundation's (NSF) Directorate for
Mathematical and Physical Sciences Advisory Committee. See,
notice in
the Federal Register, October 13, 2010, Vol. 75, No. 197, at Page 62891.
Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.
8:00 AM - 12:30 PM. Day three of a three day meeting of the
National Institute of Standards and Technology's
(NIST) Information
Security and Privacy Advisory Board (ISPAB). See,
notice in the
Federal Register, September 23, 2010, Vol. 75, No. 184, at Pages 57904-57905.
Location: Marriott Hotel Washington, 1221 22nd St., NW.
9:00 AM - 12:00 NOON. The Federal Communications Commission's
(FCC) Public Safety and Homeland Security Bureau
(PSHSB) will hold a meeting "to discuss the development of a cybersecurity
roadmap by the FCC". See, FCC
release. The deadline to register is November 3, 2010. The FCC will
webcast this event. Location: FCC, Commission Meeting Room, 445 12th St., SW.
12:00 NOON. There will be an event titled "2010
Midterms & the Future of American Politics". For more information, contact
Nancy Osborn at 202-459-4931 or nosborn at washingtonexaminer dot com. Location: Ballroom,
National Press Club, 13th Floor, 529 14th St., NW.
12:30 - 1:45 PM. The
Federal Communications Bar Association's (FCBA) Diversity and Young
Lawyers Committees will host a brown bag lunch titled "Practical Mentoring".
Location: Hogan Lovells, 555 13th St., NW.
Day two of a two day event hosted by the
National Institute of Standards and Technology
(NIST) titled "Cloud Computing Forum & Workshop II". See,
event web page,
and notice in
the Federal Register, October 19, 2010, Vol. 75, No. 201, at Page 64258.
This event is free. The deadline to register is October 28, 2010. Location:
Gaithersburg Holiday Inn, Gaithersburg, MD.
Day two of a two day event hosted by the
U.S. Patent and Trademark Office (USPTO) titled "Independent Inventors
Conference". Location: USPTO, Alexandria, VA.
Deadline to submit comments to the Office
of the U.S. Trade Representative (OUSTR) regarding "potential Internet and physical
notorious markets that exist outside the United States". See,
notice in the Federal
Register, October 1, 2010, Vol. 75, No. 190, at Pages 60854-60855, and story titled
"OUSTR Announces Separate Notorious Markets Process" in TLJ Daily
E-Mail Alert No. 2,138, October 4, 2010.
Deadline to submit comments to the
National Institute of Standards and Technology's (NIST)
Computer Security Division (CSD) regarding its draft
NIST
IR-7692 [38 pages in PDF] titled "Specification for the Open Checklist Interactive
Language (OCIL) Version 2.0".
|
|
|
Sunday, November 7 |
Daylights savings time begins.
|
|
|
Monday, November 8 |
9:00 AM - 5:30 PM. The Federal Communications
Commission (FCC) will host an event titled "Open Developer Day". The FCC stated in a
release that the purpose of this event is to "promote collaboration between web
developers in the public and private sectors in furtherance of FCC goals to foster citizen
participation in open government and further innovation in accessible technologies".
Location: FCC, 445 12th St., SW.
10:00 AM. The Supreme Court
will hear oral argument in Costco Wholesale Corp. v. Omega S.A., Sup. Ct. No.
08-1423, a petition for writ of certiorari to the U.S.
Court of Appeals (9thCir). At issue is the application of the copyright first sale
doctrine to imported items. See, Supreme Court
docket.
10:00 AM - 1:00 PM. The Department of Commerce's (DOC)
National Telecommunications and Information
Administration's (NTIA) Commerce Spectrum Management Advisory Committee will meet. See,
notice in the Federal
Register, October 20, 2010, Vol. 75, No. 202, at Pages 64699-64700. Location: DOC,
Room 4830, 1401 Constitution Ave., NW.
6:00 - 9:15 PM. The DC Bar
Association will host a panel discussion titled "Copyright Law and
Litigation". The speaker will be
Kenneth Kaufman (Manatt Phelps
& Phillips). The price to attend ranges from $89 to $129. Reporters are barred from
attending most DC Bar events. CLE credits. See,
notice. For more information, call 202-626-3488. Location: DC Bar Conference Center,
1101 K St., NW.
|
|
|
Tuesday, November 9 |
8:00 -10:00 AM. Broadband Census News LLC will host a panel
discussion titled "Finding Solutions to Problems of Copyright Infringement".
Breakfast will be served. This event is free and open to the public. See,
notice and registration page.
This event is also sponsored by the National Cable &
Telecommunications Association (NCTA) and the
Public Knowledge (PK). Location:
Clyde's of Gallery Place, 707 7th St., NW.
9:30 AM. The U.S. Court of Appeals
(DCCir) will hear oral argument in Kristin Brooks Hope Center v. FCC,
App. Ct. No. 09-1310. Judges Henderson, Williams and Randolph will preside. See, FCC's
brief [42
pages in PDF]. Location: Prettyman Courthouse, 333 Constitution Ave., NW.
10:00 AM. The Supreme Court
will hear oral argument in AT&T Mobility LLC v. Vincent and Liza
Concepcion, Sup. Ct. No. 09-893, a petition for writ of certiorari to
the U.S. Court of Appeals (9thCir).
The question presented is "Whether the Federal Arbitration Act preempts States
from conditioning the enforcement of an arbitration agreement on the
availability of particular procedures-here, class-wide arbitration-when those
procedures are not necessary to ensure that the parties to the arbitration
agreement are able to vindicate their claims." See, Supreme Court
docket.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument en banc in Therasense v. Bection,
App. Ct. No. 2008-1511, a patent infringement case involving the issue of inequitable
conduct. See, order
granting en banc hearing. Location: Courtroom 201, 717 Madison Place, NW.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument en banc in Tivo v. Echostar, App.
Ct. No. 2009-1374, a patent infringement case. See,
order
granting rehearing en banc. Location: Courtroom 201, 717 Madison Place, NW.
2:00 - 3:30 PM. The Department of Justice's (DOJ)
Antitrust Division's (AD) Economic Analysis Group
(EAG) will host a presentation titled "Cumulative Innovation and Competition
Policy". The speaker will be Alex Raskovich (EAG). For more information, contact
Thomas Jeitschko at 202-532-4826 or atr dot eag at usdoj dot gov. Location: Liberty Square
Building, 450 5th St., NW.
|
|
|