11/8. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) and Economics and Statistics Administration (ESA) released a report [68 pages in PDF] titled "Exploring the Digital Nation: Home Broadband Internet Adoption in the United States".

This report, which relies on data from the DOC's Census Bureau's Current Population Survey (CPS), states that "Household use of broadband Internet service has risen dramatically during the first decade of the 21st century as the Internet has become integral to the lives of most Americans. Nonetheless, not everyone uses broadband Internet -- either by choice or because they lack access."

It finds that "Between 2001 and 2009, broadband Internet use among households rose sevenfold, from 9% to 64% of American households utilizing broadband Internet." It further finds that "the major impediment to adopting broadband Internet services in households that used dial-up services", and that "Lack of broadband availability was reported to be a significant factor for rural residents".

The report finds high levels of correlation between home broadband adoption and income -- over 94% of households with income of over $100,000 have home broadband -- and between home broadband adoption and education.

It also finds that people over 65 years of age are much less like to have home broadband. Also, men are more likely to have home broadband than women (66.7% versus 60.2%).

It also finds that adoption varies with ethnicity, even after controlling for other demographic characteristics. Asians have the highest adoption rate (77.3%), followed by whites (68%). Blacks (49.4%), American indians (48.3%), and hispanics (47.9%) have lower adoption rates.

Federal Communications Commission (FCC) Chairman Julius Genachowski stated in a release that "The digital divide is an opportunity divide -- if you can't get online, you can't compete in the digital economy. The NTIA's new report provides an in-depth look at the persistent gaps between the digital haves and digital have-nots." He added that "Closing these gaps is one of the top priorities" of the FCC.

Cathy Sloan of the Computer & Communications Industry Association (CCIA) stated in a release that "We have a 'chicken and egg' problem where website entrepreneurs and app developers, knowing that certain demographics like rural populations and the elderly are underrepresented online are less likely to develop services that cater to their needs."

Sloan continued that "Another improvement which would help respond to the numbers in this report is action on the FCC’s proposal for consumer Internet access protections like net neutrality. More folks are likely to sign up for broadband connections if the FCC assures them of an open Internet, where they can have access to everything, including video, online. Yes, net neutrality rules will absolutely encourage broadband adoption."

10/29. The Government Accountability Office (GAO) released a report [60 pages in PDF] titled "Telecommunications: FCC Should Assess the Design of the E-rate Program’s Internal Control Structure".

The GAO wrote this wrote for leaders of the House Commerce Committee (HCC). It finds that the Federal Communications Commission (FCC) has no strategic vision, goals, or performance measures, and this prevents analysis of whether or not program objectives are being met.

The report states that this set of FCC run tax an subsidy programs provide "about $2 billion each year toward telecommunications services, Internet access, and data transmission wiring and components used for educational purposes".

It states that the FCC "has not yet established meaningful goals and performance measures for the E-rate program".

It adds that "We have continued to note FCC’s lack of goals and adequate performance measures for E-rate for more than a decade", and that the FCC has no "strategic vision for the program".

The "FCC’s lack of goals and performance measures affects the internal control structure of the program because," this report states, "a precondition to risk assessment is the establishment of clear, consistent agency objectives. When clear program objectives are established up front, the internal control structure can then be designed around the fundamental risk that program objectives will not be met."

It also states that the FCC's Universal Service Administrative Company (USAC) "has not conducted a robust risk assessment of the E-rate program and, consequently, may not be efficiently using its resources to reasonably target program risks".

11/2. The Federal Communications Commission (FCC) published a notice in the Federal Register that announces, describes, and sets comment deadlines for its Notice of Proposed Rulemaking and Notice of Inquiry (NPRM & NOI) [36 pages in PDF] regarding expanding the FCC's location surveillance mandates for mobile communications and devices.

The FCC adopted and released this item on September 23, 2010. It is FCC 10-177 in PS Docket No. 07-114 and WC Docket No. 05-196. Initial comments are due by January 3, 2011. Reply comments are due by January 31, 2011. See, notice in the Federal Register, November 2, 2010, Vol. 75, No. 211, at Pages 67321-67333.

For a discussion of law enforcement access to location data, see June 24, 2010, prepared testimony [PDF] of U.S. Magistrate Judge Stephen Smith before the House Judiciary Committee's (HJC) Subcommittee on the Constitution, Civil Rights and Civil Liberties. See also, HJC web page with hyperlinks to the prepared testimony of other witnesses at this June 24 hearing titled "ECPA Reform and the Revolution in Location Based Technologies and Services".

The FCC's proceeding addresses the location mandates imposed upon mobile communications, not law enforcement access to service providers' location data.

See also, story titled "FCC Reports that States Divert 911/E911 Fees to Subsidize other Programs" in TLJ Daily E-Mail Alert No. 2,126, August 19, 2010.

11/2. The Federal Communications Commission (FCC) published a notice in the Federal Register that announces, describes, and sets comment deadlines for, its Notice of Proposed Rulemaking (NPRM) regarding assignment of telephone numbers associated with internet based Telecommunications Relay Service (iTRS), Video Relay Service (VRS) and IP Relay. The FCC adopted this item on September 16, 2010, and released the text [MS Word] on September 17. It is FCC 10-161 in CG Docket No. 03-123, WC Docket No. 05-196, and WC Docket No. 10-191. Initial comments are due by December 2, 2010. Reply comments are due by December 17, 2010. See, Federal Register, November 2, 2010, Vol. 75, No. 211, at Pages 67333-67341.

11/1. The Federal Communications Commission (FCC) published a notice in the Federal Register that announces, describes and sets comment deadlines for its Notice of Proposed Rulemaking (NPRM) [58 pages in PDF] regarding universal service subsidies and certain 3G and next generation wireless services. The FCC adopted and released this item on October 14, 2010. It is FCC 10-182 in WT Docket No. 10-208. See, Federal Register, November 1, 2010, Vol. 75, No. 210, at Pages 67060-67077. See also, story titled "FCC Adopts NPRM Regarding Universal Service Subsidies for 3G and Next Generation Wireless" in TLJ Daily E-Mail Alert No. 2,142, October 19, 2010. Initial comments are due by December 16, 2010. Reply comments are due by January 18, 2011.

11/6. Gary Locke, Secretary of Commerce, gave a speech in Mumbai, India, in which he called for "increasing trade between our nations", and urged the Indian government to "level the playing field so American companies can conduct more trade with Indian partners". And, he announced that he will lead a high tech trade mission to India in February.

He said that "one overriding concern that I hear is that India's system of tariffs and other import charges are overly-complex and not developed with enough transparency. Even as tariffs come down on some items, non-tariff barriers have proliferated. Import licensing, standards and certification and local-content requirements are just a few of the barriers American businesses face. What's more, the complicated and opaque rules that govern foreign direct investment too often act to discourage investors from entering the Indian market."

He also announced that "I will be leading in early February a high-technology trade mission to India. I'll be bringing with me U.S. companies -- large and small -- in search of mutually beneficial opportunities in this vibrant, promising market."

See also, the DOC's new web page titled "U.S. Department of Commerce High Technology Mission to India".

He also praised the Obama administration's economic prowess and success.

In particular, he lauded increased government spending on research.

He also stated that "this administration's renewed focus on innovation has meant ... investing in the deployment of thousands of miles of high-speed Internet infrastructure ... working to speed up the processing of patent applications at the U.S. Patent Office, so that we can move innovative ideas and products to the market more quickly".

11/8. President Obama and Indian Prime Minister Manmohan Singh released a joint statement in which they "agreed on steps to reduce trade barriers and protectionist measures", "welcomed expanding investment flow in both directions", and "agreed to facilitate greater movement of professionals, investors and business travelers, students, and exchange visitors between their countries to enhance their economic and technological partnership".

President Obama completes his trip to India on November 9.

This is an amicable, wide ranging, lofty, 38 paragraph statement. Yet, it makes no mention of protection of intellectual property rights generally, or any types of patents or copyrights specifically.

The two leaders resolved to "intensify cooperation between their nations to promote a secure and stable world; advance technology and innovation; expand mutual prosperity and global economic growth; support sustainable development; and exercise global leadership in support of economic development, open government, and democratic values".

They wrote that "In an increasingly inter-dependent world, the stability of, and access to, the air, sea, space, and cyberspace domains is vital for the security and economic prosperity of nations."

The agreement also addresses export regulation. "Recognizing that India and the United States should play a leadership role in promoting global nonproliferation objectives and their desire to expand high technology cooperation and trade, Prime Minister Singh and President Obama committed to work together to strengthen the global export control framework and further transform bilateral export control regulations and policies to realize the full potential of the strategic partnership between the two countries."

In addition, the White House news office issued a release on November 8 that addresses export controls and cyber security, as well as many issues not related to communications or information technology. It states that "The U.S. and India recognize the importance of cybersecurity and its growing role in world prosperity, commerce, and culture. Accordingly, the U.S. and India are advancing efforts to work together to promote a reliable information and communications infrastructure and the goal of free, fair, and secure access to cyberspace."

Other than this, this release does not touch on communications. Nor does it address trade related aspects of intellectual property.

See also, November 6 White House news office release, release, and release.

1/4. The European Union (EU) and World Trade Organization (WTO) both released reports regarding trade restrictions.

WTO Report. On November 4 the WTO released a report [MS Word] titled "Report on G20 Trade Measures (May 2010 to October 2010)". It finds that "G20 governments have continued to exercise restraint over the imposition of new trade restrictions. The number of new measures imposed by G20 countries is still increasing, but more slowly than in the past".

The WTO report states that "The sectors most heavily affected in terms of trade coverage of restrictive measures were electrical apparatus for line telephony, bio diesel, and automatic data processing machines".

It states that "Telecommunications has continued to be one of the most vibrant sectors in G20 countries. Rollout of new technologies and infrastructure continues, with governments moving to issue licences or revise existing licences and to award or re-allocate spectrum to make continued evolution possible. New mobile technologies are coming on line, broadband services are continuing to expand, and the introduction of mobile resale works is becoming more common."

It continues that "Through the introduction of improvements in regulatory framework, governments have largely accommodated these developments, which are perceived as conducive to economic growth. Technology-neutral licensing regimes have been helpful so far where they have been implemented, but have not yet become widespread. Market access restrictions are now fairly uncommon or are being relaxed in most G20 economies. Canada, for example, lifted foreign equity restrictions on foreign ownership of Canadian satellites used for telecommunications services in July and announced one month later that submissions were available on-line under its public consultations on possible policies on its remaining foreign equity restrictions." (Footnote omitted.)

"With market access fairly open, therefore, reforms have focused on regulatory frameworks. Argentina, China, India, and Turkey, for example, have recently instituted number portability, a pro-competitive requirement already common in other G20 markets."

Finally, it states that "Most government spectrum auctions supporting the rollout of new services and technologies run smoothly, although in rare cases they have been subject to delays or complaints."

EU Report. On October 25, the EU released a report [104 pages in PDF] titled "Seventh Report on Potentially Trade Restrictive Measures: May 2010 - September 2010". This report only addresses extant and proposed restraints on trade imposed by non-EU nations. It does not cover restrictions imposed by EU nations or the EU.

Karel De Gucht (at left), the European Commissioner for Trade, stated in a release that "With the economic recovery still fragile, the world's major economies must remove the trade restrictive measures that put a break on growth. For the world economy to move forward, we have to roll back these barriers."

The report lists numerous US extant or proposed restraints, particularly buy American provisions.

This EU report identifies few telecommunications related restrictive measures. It discusses, for example, restrictions imposed by Russia, Indonesia, Turkey, and India.

This report does not address trade restrictions that are related to intellectual property rights.

Rare Earth Materials. Both the EU and WTO reports mention the People's Republic of China's (PRC) recent actions with respect to rare earth materials, which have many uses, including in the manufacture of permanent magnets, which have applications in various tech products.

The EU report states that "an increase in the adoption of export restrictions for raw materials has been observed. Notably, China has significantly reduced the annual export quota of rare earth for the second half of 2010. This is a very worrying trend."

The WTO report states that the PRC imposed a "Reduction of export quotas (from 28,417 to 7,976 metric tonnes) on ``rare earth´´ minerals, as from August 2010." (Parentheses in original.)

11/9. The European Union (EU) issued a release that announces the results of a public opinion poll of the attitudes of EU citizens regarding international trade. This release states that "Two-thirds of Europeans (65%) think that the EU has benefited a lot from international trade. As for their individual experience, more people think that they are personally benefiting from trade today than disagree", and that "More than six in ten Europeans on average believe that the priority for future EU trade policy should be to create employment (61%)".

11/8. The Office of the U.S. Trade Representative (OUSTR) stated in a release that USTR Ron Kirk (at right) and Korean Minister for Trade Kim Jong-hoon met today in Seoul, Korea to discuss the U.S. Korea free trade agreement (FTA). The release adds that "participating in today's discussions at Korea's Ministry of Foreign Affairs and Trade (MOFAT) were Deputy National Security Advisor Mike Froman, Deputy U.S. Trade Representative Demetrios Marantis, and Assistant United States Trade Representative for Korea, Japan, and APEC Affairs Wendy Cutler, as well as Korean Deputy Minister for Trade Choi Seok-young and other Korean trade officials. Discussions will continue tomorrow in Seoul." This FTA contains sections that address telecommunications, intellectual property and electronic commerce.

11/4. The U.S.-China Economic and Security Review Commission announced in a release that it will host an event on November 17, 2010, to release its report [316 pages in PDF] titled "2010 Report to Congress". This report will address, among other things, "China's 'indigenous innovation' policy", "China's currency manipulation", "China’s measures to restrict rare earth element exports", "China's past and future role in the World Trade Organization", "The increasingly sophisticated nature of malicious computer activity associated with China", and "Recent developments in the China-Taiwan relationship, and implications for the United States". Chairman Daniel Slane and Vice Chairman Carolyn Bartholomew will speak at this event.

11/1. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) published a notice in the Federal Register that announces that it has amended its Export Administration Rule (EAR) to remove Cension Semiconductor Manufacturing Corporation from the Semiconductor Manufacturing International Corporation's (SMIC) list of facilities that are authorized to receive certain items in the People's Republic of China (PRC) under SMIC's validated end-user (VEU) authorization. See, Federal Register, November 1, 2010, Vol. 75, No. 210, at Pages 67029-67031.

The House is in recess until November 15.

The Senate is in recess until November 12, except for pro forma sessions.

8:00 -10:00 AM. Broadband Census News LLC will host a panel discussion titled "Approaches by Internet Service Providers Around the World to Copyright Infringement". The speakers will be Herve Rannou (ITEMS International), Jean-Baptiste Soufron (Think Digital), Robin Twyman (UK embassy), and Sydney White (DLA Piper). 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.

There will be an event "2011 Homeland Security Leadership Conference". At 3:30 PM, Brandon Wales (Director of the DHS's NPPD's Homeland Infrastructure Threat and Risk Analysis Center, will participate in a panel discussion about cybersecurity and infrastructure protection priorities. Location: The Caucus Room, 401 9th St., NW.

Day two of a three day event titled "Open Web Application Security Project (OWASP) AppSec 2010 Conference". See, OWASP web site. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

9:00 AM - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. See, notice and notice in the Federal Register, October 18, 2010, Vol. 75, No. 200, at Pages 63830-63831. Location: FCC, Room TW-C305, 445 12th St., SW.

9:00 - 10:30 AM. The US Telecom will host a panel discussion titled "Role of Broadband Providers in Utility Communications Networks". The speakers will be Robert Mayer (US Telecom), Mike Oldak (Utilities Telecom Council), Larry Plumb (Verizon), and Nick Sinai (FCC). Breakfast will be served. See, notice. Location: US Telecom, Suite 400, 607 14th St., NW.

10:00 AM. The Public Knowledge (PK) will hold a teleconferenced news conference to release a report by Michael Weinberg (PK) titled "It Will Be Awesome If They Don't Screw It Up: 3D Printing, Intellectual Property and the Fight Over the Next Great Disruptive Technology". The speakers will be Weinberg, Adrian Boyer (University of Bath), and Tiffany Rad. The call in number is 1-888-846-3889. The passcode is 887579. For more information, contact Art Brodsky at 202-861-0020 (PK), 301-908-7715 (cell), or abrodsky at publicknowledge dot org.

1:30 PM. The Patient Privacy Rights (PPR) will hold a news conference by teleconference to release the results of an online survey of individuals' views on privacy, access to health information, and health information technology. The speakers will be Deborah Peel (PPR), Sam Rogers (Zogby) and Corry Schiermeyer (Zogby). The call in number is 1-866-931-7845; the conference code is 820311. For more information, contact Katherine Johnson at 512-732-0033 or kjohnson at patientprivacyrights dot org. See, notice.

6:00 - 8:15 PM. The DC Bar Association will host a panel discussion titled "Export Controls and Economic Sanctions 2010: Recent Developments and Current Issues". 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.

Day three of a three day event titled "Open Web Application Security Project (OWASP) AppSec 2010 Conference". See, OWASP web site. At 10:45 AM, Joe Jarzombek (DHS's NPPD's Director of Software Assurance) will participate in a panel discussion of software security automation and management. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

Deadline to submit requests to the Office of the U.S. Trade Representative (OUSTR) to present oral testimony at the OUSTR's November 19, 2010, public hearing regarding Malaysia's participation in ongoing negotiation of a Trans-Pacific Partnership (TPP) trade agreement. The OUSTR seeks comments on, among other things, "electronic commerce issues" and "trade-related intellectual property rights issues that should be addressed in the negotiations". See, notice in the Federal Register, October 20, 2010, Vol. 75, No. 202, at Pages 64778-64779.

Veterans Day. This is a federal holiday. See, Office of Personnel Management's (OPM) web page titled "2010 Federal Holidays".

9:00 AM - 12:30 PM. The University of Colorado's Silicon Flatirons (SF), Information Technology and Innovation Foundation (ITIF), and other groups will host a half day conference titled "The Unfinished Radio Revolution: New Approaches to Handling Wireless Interference". The speakers will be Robert Atkinson (ITIF), Pierre de Vries (SF), Dale Hatfield (SF), Michael Calabrese (New America Foundation), Ellen Goodman (Rutgers University -- Camden), Bruce Jacobs (Pillsbury Winthrop Shaw Pittman), Evan Kwerel (FCC Office of Strategic Planning and Policy Analysis), Gregory Rosston (Stanford University), Ari Fitzgerald (Hogan Lovells), Harold Feld (Public Knowledge), Thomas Hazlett (George Mason University), Michael Marcus (Marcus Spectrum Solutions LLC), Charla Rath (Verizon), and Cheryl Tritt (Wilkinson Barker Knauer). CLE credits. See, SF notice and ITIF notice. The ITIF will webcast this event. Location: ITIF/ITIC, 6th floor, 1101 K St., NW.

10:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Technical Advisory Committee will meet. See, notice in the Federal Register, November 2, 2010, Vol. 75, No. 211, at Pages 67347-67348. Location: DOC, Room 3884, 14th Street between Constitution & Pennsylvania Avenues, NW.

5:00 PM. Deadline to submit comments to the Department of Health and Human Services (DHHS) regarding its interim final rule regarding standards, implementation specifications, and certification criteria for electronic health record technology. The DHHS announced and recited this interim final rule in a notice in the Federal Register, October 13, 2010, Vol. 75, No. 197, at Pages 62686-62690.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in American Bar Association v. FTC, App. Ct. No. 10-5057. Judges Rogers, Griffith and Edwards will preside. This case pertains to the Federal Trade Commission's (FTC) attempt to regulate attorneys as "creditors" within the meaning of Fair and Accurate Credit Transactions Act of 2003, Public Law No. 108-159. See, FTC brief. Location: Courtroom 11, Prettyman Courthouse, 333 Constitution Ave., NW.

Deadline to submit comments to the Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) Internet Policy Task Force (IPTF) regarding government policies that restrict global information flows on the internet. See, notice in the Federal Register, September 29, 2010, Vol. 75, No. 188, at Pages 60068-60073, and story titled "NTIA Seeks Comments on Governments' Restrictions of Free Flow of Information on the Internet" in TLJ Daily E-Mail Alert No. 2,137, October 1, 2010.

9:00 AM - 6:30 PM. The US Telecom will host an event titled "USTelecom Voice Innovation Summit". The price to attend ranges from $395 to $495. See, notice. For more information, contact Amanda Taylor at 202-326-7361 or ataylor at ustelecom dot org. Location: US Telecom, Suite 400, 607 14th St., 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 "Spectrum Auction Design". The speaker will be Peter Cramton (University of Maryland). 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.

4:00 - 7:00 PM. The Information Technology and Innovation Foundation (ITIF) and Time Warner Cable will host an event titled "Perspectives on the Future of Digital Communications". The moderators will be Robert Atkinson (ITIF) and Fernando LaGuarda (Time Warner Cable). Dale Hatfield (University of Colorado at Boulder) will present a paper [16 pages in PDF] titled "The Challenge of Increasing Broadband Capacity". John Palfrey (Harvard law school) will present a paper [10 pages in PDF] titled "The Challenge of Developing Effective Public Policy on the Use of Social Media by Youth". Nicol Lee (Joint Center for Political and Economic Studies) will present a paper [12 pages in PDF] titled "The Challenge of Increasing Civic Engagement in the Digital Age". Scott Wallsten (Technology Policy Institute) will present a paper [8 pages in PDF] titled "The Future of Digital Communications Research and Policy". Christopher Yoo (University of Pennsylvania law school) will present a paper [16 pages in PDF] titled "The Challenge of New Patterns in Internet Usage". See, notice. This event if free and open to the public. Location: Chandelier Room, St. Regis Hotel, 16th and K Streets, NW.

11/3. The Electronic Privacy Information Center (EPIC) published the latest edition of its book [Amazon] on litigation under the federal Freedom of Information Act (FOIA), Privacy Act, Federal Advisory Committee Act (FACA), and Government in the Sunshine Act. It is titled "Litigation Under the Federal Open Government Laws 2010".

11/2. The Office of Management and Budget (OMB) published a notice in the Federal Register that announces and seeks comments regarding its proposed guidance on President Obama's June 18, 2010, memorandum to the heads of agency boards and commissions regarding "Lobbyists on Agency Boards and Commissions". Comments are due within "30 days from the publication of this notice", which is December 2, 2010. See, Federal Register, November 2, 2010, Vol. 75, No. 211, at Pages 67397-67399.

11/1. The Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Nanoscale Science, Engineering, and Technology Subcommittee released a draft document [48 pages in PDF] titled "2010 National Nanotechnology Initiative Strategic Plan". The OSTP also published a notice in the Federal Register that states that comments are due by 11:59 PM on November 30, 2010. However, the OSTP states that it only wants one page comments. See, Federal Register, November 1, 2010, Vol. 75, No. 210, at Pages 67149-67150.

10/29. The National Institute of Standards and Technology (NIST) published a notice in the Federal Register requesting comments on several papers written by NIST staff concerning its Technology Innovation Program (TIP). The deadline to submit comments is September 30, 2011. See, Federal Register, October 29, 2010, Vol. 75, No. 209, at Pages 66737-66739. The NIST released a paper [23 pages in PDF], titled "Advanced Robotics and Intelligent Automation", on October 28, 2010, upon which it seeks comments. Also, the NIST published a second notice in the Federal Register requesting the submission of original papers that propose "high-risk, high-reward research in areas of critical national need". The NIST adds that such research should "have the potential for transformational results" that could "radically
improve our understanding of systems and technologies". But, this NIST notice adds, "Do not include ideas" or specific solutions. The deadlines for submission of such papers are November 29, 2010, February 15, 2011, May 10, 2011, and July 12, 2011. See, Federal Register, October 29, 2010, Vol. 75, No. 209, at Pages 66739-66741.

10/29. The Copyright Royalty Judges (CRJ) published a notice in the Federal Register requesting comments on a motion of Phase I claimants for partial distribution in connection with the 2008 cable royalty funds. The CRJ also request comments as to the existence of Phase I and Phase II controversies with respect to the distribution of 2008 cable royalty funds. The deadline to submit comments is November 29, 2010. See, Federal Register, October 29, 2010, Vol. 75, No. 209, at Pages 66798-66799.

10/29. The Securities and Exchange Commission (SEC) released a report [44 [pages in PDF] titled "Work Plan for the Consideration of Incorporating International Financial Reporting Standards into the Financial Reporting System for U.S. Issuers".

11/8. Lynne Beresford, the U.S. Patent and Trademark Office's (USPTO) Commissioner for Trademarks, announced that she will retire on December 30, 2010. She has worked for the USPTO since 1979. David Kappos, head of the USPTO, announced that Deborah Cohn, the current Deputy Commissioner for Trademark Operations, will become the new Commissioner for Trademarks, effective December 31, 2010. See, USPTO release.

11/8. Rep. Steny Hoyer (D-MD), who is currently the House Majority Leader, stated in a letter to House Democrats that "I'm running for Democratic Whip".

11/8. Rep. Jerry Costello (D-IL) announced in a release that "I have decided not to pursue the ranking member position on the House Science and Technology Committee during the 112th Congress." The current Chairman, Rep. Bart Gordon (D-TN), did not seek re-election on November 2, 2010.

9/28. The Administrative Conference of the United States (ACUS) issued a release that names an additional 40 members.

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