11/10. The Department of Justice (DOJ) and Hewlett Packard (HP) entered into a Settlement Agreement [PDF] that fines HP $16 Million for violating the competitive bidding rules for the Federal Communications Commission's (FCC) e-rate tax and subsidy program. See, DOJ release and FCC release.

HP admitted no wrongdoing. The agreement states that "HP agrees to pay to the United States a total of $16.25 million".

The FCC stated in its release that the two civil complaints allege "that contractors working with HP and other companies lavished gifts on Dallas Independent School District and Houston Independent School District personnel in order to get contracts that included some $17 million in HP equipment. Meals and entertainment -- including trips on a yacht and tickets to the 2004 Super Bowl -- were provided by the contractors to get inside information and win contracts that were supposed to be awarded through a competitive bidding process".

The two cases where brought under the False Claims Act. These cases are U.S. ex rel. Cain v. Micro Systems Enterprises et al., U.S. District Court for the Northern District of Texas, D.C. No. 3-05CV1843-P, and U.S. ex rel. Richardson v. Analytical Comp. Services et. al., U.S. District Court for the Southern District of Texas, D.C. Civ. No. H-05-3836.

11/11. Rep. Ed Markey (D-MA) stated in a release on November 10, 2010, that the Federal Communications Commission (FCC) "is rightly investigating whether Google's Street View cars steamrolled privacy laws in pursuit of mapping information."

Rep. Markey (at right) continued that "I commend the Commission for taking action -- the potential for this technology to be used for drive-by snooping into people's personal lives is not something to be taken lightly. I raised concerns about Google Street View cars when it was first revealed that the company had collected computer passwords, emails, and other personal data from Wi-Fi routers, and I will continue to actively monitor developments in this important area."

Also, on November 11, 2010, the Wall Street Journal published a story by Amy Schatz and Amir Efrati titled "FCC Investigating Google Data Collection" that states that the FCC "is investigating whether Google Inc. broke federal laws when its street-mapping service collected consumers' personal information".

The Electronic Privacy Information Center (EPIC) filed a complaint [5 pages in PDF] with the FCC on May 18, 2010, urging the FCC "to open an investigation". The complaint documents the nature of Google's Wi-Fi surveillance activities, to the extent that Google had then disclosed, as well as Google's history of withholding pertinent and incriminating information from the public and various government investigators around the world.

The EPIC alleged that Google's capture of data "could easily constitute a violation of Title III of the Omnibus Crime Control and Safe Streets Act of 1968, also known as the Wiretap Act, as amended by the Electronic Communications Privacy Act (ECPA) of 1986 to include electronic communications."

The relevant criminal prohibition, which is codified at 18 U.S.C. § 2511, provides that "any person who ... intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication ... shall be punished". Also, 18 U.S.C. § 2520 provides a private right of action.

The Department of Justice (DOJ) is the federal agency with exclusive authority to bring criminal prosecutions for violation of the Wiretap Act.

Nevertheless, the EPIC complaint states that the FCC "is charged with protecting the interest of US consumers of communications services in the United States and with safeguarding the security and integrity of network services."

The EPIC complaint also sites and relies upon 47 U.S.C. § 605. Subsection 605(a) provides, in part, that "no person receiving, assisting in receiving, transmitting, or assisting in transmitting, any interstate or foreign communication by wire or radio shall divulge or publish the existence, contents, substance, purport, effect, or meaning thereof, except through authorized channels of transmission or reception ... on demand of other lawful authority. No person not being authorized by the sender shall intercept any radio communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person. No person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by radio and use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto." (Parentheses in original.)

This section also provides for FCC enforcement, as well as private rights of action.

The EPIC complaint continues that Google "routinely and secretly mapped private communications data and the company routinely and secretly mapped private communications hotspots. Moreover, they said not a word about the Wi-Fi data collection during the three-year privacy debate over Street View."

It concludes with the statement that "The FCC has broad authority to execute and enforce the provisions of the Communications Act and the Commission plays a critical role in safeguarding the privacy of American users of communications services."

The FCC has not yet taken any action against Google. However, it should be noted that it was a petition by the EPIC back in August of 2005 that preceded the FCC's adoption, on February 10, 2006, of a Notice of Proposed Rulemaking (NPRM) [34 pages in PDF] regarding the practice of pretexting to obtain consumers' confidential phone records. Then, on March 13, 2007, the FCC adopted a Report and Order [101 pages in PDF] amending FCC rules. (The FCC released the new rules on April 2, 2007). See also, story titled "FCC Adopts NPRM Regarding Privacy of Consumer Phone Records" in TLJ Daily E-Mail Alert No. 1,308, February 13, 2006. That proceeding involved the Customer Proprietary Network Information (CPNI) statute, which is codified at 47 U.S.C. § 222, rather than Section 605.

11/11. The Consumer Watchdog (CW) sent a letter [PDF] to Rep. Henry Waxman (D-CA), the Chairman of the House Commerce Committee (HCC), Rep. Joe Barton (R-TX), the ranking Republican on the HCC, and Rep. Ed Markey (D-MA), urging the HCC to "convene a hearing to investigate Google's Wi-Spying, in which the company gathered personal information from wireless networks as its Street View cars traveled across the United States."

The CW wrote that Google's "CEO Eric Schmidt and Alma Whitten, director of privacy for engineering and product management, should testify under oath to provide the America public with the answers it deserves."

The CW elaborated that "Google has demonstrated a troubling pattern of changing its story in public statements as it has offered explanations of why it gathered private data from wireless networks. Moreover, it is clear that Whitten, who mentioned Google's Wi-Spying in Congressional testimony this summer, gave a written statement that contradicted the facts."

On July 27, 2010, Whitten testified before the Senate Commerce Committee (SCC) that Google's Street View program was characterized by "the absence of any breach of personal data". See, prepared testimony [13 pages in PDF] at page 12.

On October 22, 2010, Google disclosed in a release that the data that its Street View vehicles collected as part of its WiFi surveillance project included "entire emails and URLs ... as well as passwords". See, story titled "Google Intercepted E-Mail Content and Passwords" in TLJ Daily E-Mail Alert No. 2,146, October 25, 2010.

The CW asserts in its November 11 letter to the HCC that "based on an investigation by the French National Commission on Computing and Liberty it was already clear in June there had been a breach of personal data". The CW wants Whitten to "be called to explain under oath the discrepancy between her testimony and the known facts. Google CEO Eric Schmidt should also be questioned under oath about the scandal".

11/10. Rep. Don Young (R-AK), former Rep. Bill Archer (R-TX), and former Rep. Bud Shuster (R-PA) sent a letter to the GOP Majority Transition Team regarding the selection of House Committee Chairmen and ranking members, and the three term limit. They urge the selection of Rep. Joe Barton (R-TX) to be Chairman of the House Commerce Committee (HCC).

The Republican's rules provide that no one shall serve more than three consecutive terms as Chairman or ranking member of a committee or subcommittee.

Rep. Barton was the Chairman of the HCC in the 109th Congress, and the ranking Republican in the 110th. He is currently the ranking Republican.

The three former Chairman had served as ranking members prior to the Republican takeover in 1994, and were then allowed to served as Chairmen for three consecutive terms. They wrote that "we strongly recommend that years spent as ranking member should not be counted against years of service as chairman of a committee".

They also wrote that "We became committee chairmen under similar circumstances following the 1994 election, and we were a part of the wave of change that also sought to part from the old ways when a chairmanship meant a job for life".

"Now our friend, Joe Barton, finds himself in a similar position. Joe has served one full two-year term in the chair at the Energy and Commerce Committee and is seeking a second term. He was denied the chairmanship when Democrats won the majority in 2006 and held on to it for four years. We believe he deserves that second term now, and that neither the spirit nor the letter of the rule was ever intended to prevent it."

Archer is a former Chairman of the House Ways and Means Committee. Shuster is a former Chairman of the House Transportation and Infrastructure Committee. Young is a former Chairman of the House Natural Resources Committee.

Republican rules are not Rep. Barton's only obstacle to winning the Chairmanship. Rep. Barton represents a district in the state of Texas, which is an oil producing state, and home to many oil companies. He may be viewed by some House Republicans as too supportive of the oil industry. See, story titled "Rep. Barton and Government Shakedowns and Takeovers" in TLJ Daily E-Mail Alert No. 2,098, June 21, 2010.

Former Rep. Archer also represented a Texas district, and advocated the interests of the oil industry, while Rep. Young represents another oil producing state, Alaska.

11/11. Republicans won a majority of the seats in the House in the November 2, 2010, elections. The Republican takeover means that Committee and Subcommittee Chairmen will be Republicans in the 112th Congress. Moreover, some key Representatives and Senators either lost, or did not run for re-election.

Republicans have not yet decided who will hold many key positions in the 112th Congress. Also, the departure of many senior Democrats has opened many ranking member positions for the 112th Congress, and set off chain reactions.

These changes are not to Google's advantage on many key issues, including internet regulation and the various legal and policy questions raised by Google's Wi-Fi surveillance activities.

As a result of the new Republican majority in the House, Rep. Henry Waxman (D-CA) will soon no longer be the Chairman of the House Commerce Committee (HCC) when the 112th Congress convenes in January of 2011. However, he remains the Chairman during the impending lame duck session of the 111th Congress.

Google has benefited from his being Chairman. Rep. Waxman (at right) has been a proponent of regulating broadband internet access service (BIAS) providers in a manner that would benefit Google. In contrast, Rep. Joe Barton (R-TX), the current ranking Republican on the HCC, is a consistent opponent of regulation of BIAS providers, whether styled as network neutrality, open internet, or reclassification. The other Republicans who might become the next HCC Chairman also oppose such regulation.

Rep. Barton is also one of Google's leading Congressional critics on privacy issues. Rep. Waxman joined Rep. Barton and Rep. Ed Markey (D-MA) in sending a letter [PDF] to Google on May 26, 2010, asking for information about its Wi-Fi surveillance. See, story titled "House Commerce Committee Leaders Write Google Regarding Wi-Fi Data" in TLJ Daily E-Mail Alert No. 2,090, June 2, 2010. But, Rep. Barton and Rep. Markey, but not Rep. Waxman, signed the May 19, 2010, letter [PDF] to the Federal Trade Commission (FTC). See, story titled "Rep. Markey and Rep. Barton Write FTC Regarding Google Data Collection Activities" in TLJ Daily E-Mail Alert No. 2,085, May 20, 2010. Also, Rep. Waxman did not join the other two in their letter [PDF] to Facebook on October 18, 2010.

Rep. Barton is now vying to become the Republican Chairman of the HCC in the 112th Congress. See, story in this issue titled "Rep. Barton Enlists Support in His Bid for House Commerce Committee Chairman". See also, stories titled "Next Chairman of the House Commerce Committee" in TLJ Daily E-Mail Alert No. 2,150, November 8, 2010, and "Rep. Barton Seeks Chairmanship of House Commerce Committee" in TLJ Daily E-Mail Alert No. 2,147, October 28, 2010.

Whoever emerge as the Chairmen of the HCC and its Subcommittee on Communications, Technology and the Internet (SCTI), they will be Republicans opposed to Google's policy goals on regulation of BIAS providers. However, Rep. Barton's selection as Chairman would deal Google a double blow because his policy goals on privacy issues go beyond those of other Republicans.

The HCC oversees both the FCC and the FTC, and the two agencies both act, to a point, as agents of the Congress. On October 27, 2010, the FTC sent a letter [2 pages in PDF] to Google announcing an end to its investigation, without taking action against Google. See, story titled "FTC Ends Investigation of Google WiFi Intercepts" in TLJ Daily E-Mail Alert No. 2,147, October 28, 2010.

One recent development that may work to Google's advantage is Rep. Markey selection of position. He is an active proponent of instituting broad new privacy mandates. He has also worked with Rep. Barton on privacy related matters.

Rep. Markey is a senior member of the HCC, and a former Chairman of its SCTI. He is currently Chairman of the HCC's Subcommittee on Energy and the Environment. However, in the 112th Congress he will likely have no ranking member position at the HCC.

Rather, he announced in a letter [PDF] to House Democrats on November 10, 2010, that he will instead exercise his seniority to become the ranking Democrat on the House Natural Resources Committee (HNRC). See also, Rep. Markey's release.

Rep. Markey was first elected in 1976. Rep. Nick Rahall (D-WV), the current Chairman of the HNRC, was also first elected in 1976. However, he has decided to seek the position of ranking Democrat on the House Transportation and Infrastructure Committee (HTIC). The current Chairman of the HTIC is Rep. James Oberstar (D-MN). He was first elected in 1974. However, he lost in the November 2 election.

Google has astutely given money to both Democrats and Republicans, and used lobbying firms that employ Democrats and Republicans. Yet, Google's political action committee and employees gave abundantly to Barrack Obama in the 2008 election cycle. Opensecrets.org's list of the top contributors to Obama ranks Google at number five, behind only the University of California, Goldman Sachs, Harvard, and Microsoft. Opensecrets.org also estimates the Google community's total contributions to Obama at $833,617.

Moreover, on some issues, Google finds more support from Democratic office holders. For example, on the matter of regulating BIAS providers, Google finds support from President Obama, many Congressional Democrats, and the three Democratic FCC Commissioners.

Google has also enjoyed ties to key elected officials, some of whom are leaving office. For example, one of Google's in house lobbyists, Johanna Shelton (at right), is a former staff assistant to Rep. Rick Boucher (D-VA), the current Chairman of the HCC's SCTI. He lost in the November 2 election. See, story titled "Rep. Boucher Loses Election" in TLJ Daily E-Mail Alert No. 2,149, November 2, 2010. She also previously worked as Democratic counsel for the HCC.

Another Google in house lobbyist is Frannie Wellings. She is a former staff assistant to Sen. Byron Dorgan (D-SD), a senior member of the Senate Commerce Committee (SCC). Sen. Dorgan did not run for re-election in November.

The House is in recess until November 15.

The Senate will meet in pro forma session.

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.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding the recommendations [105 pages in PDF] of the Advisory Committee for the 2012 World Radiocommunication Conference, and the recommendations [42 pages in PDF] of the National Telecommunications and Information Administration (NTIA). See, Public Notice (PN) released on October 28, 2010. This PN is DA 10-2060 in IB Docket No. 04-286.

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.

11:30 AM - 2:00 PM. The American Constitution Society (ACS) will host an event titled "National Security, Government Transparency and the First Amendment". Beth Noveck (Deputy Chief Technology Officer in the Executive Office of the President) will give the keynote speech. There will also be a panel discussion. The speakers will be Adam Liptak (New York Times writer), Melanie Sloan (Citizens for Responsibility and Ethics in Washington), Vincent Warren (Center for Constitutional Rights), David Rivkin (Baker Hostetler), and Jerome Barron (George Washington University law school). Lunch will be served. This event is free. Registration is required. See, notice and registration page. Location: Carnegie Endowment for International Peace, 1779 Massachusetts Ave., NW.

12:00 NOON - 1:00 PM. Phil Bond (head of the Tech America) will host a news conference by teleconference to "present the technology industry's priorities for the lame duck session of the 111th U.S. Congress and to take questions from the media", including revising and extending the research and development tax credit. The call in number is 1-800-201-2375, the participant passcode is 151592. To register, contact Please contact Charlie Greenwald, 202.682.4443 or charlie dot greenwald at techamerica dot org or Anne Savoie 703-284-5305 at anne dot savoie at techamerica dot org to register.

12:30 - 2:00 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical and Wireless Committees will host a brown bag lunch titled "The Spectrum Inventory: Status and Implications". For more information, contact Christy Hammond, chammond at wileyrein dot com or 202-719-7365. Location: Wiley Rein, 1750 K St., 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.

8:00 - 10:00 AM. The Broadband Census News LLC will host a breakfast and panel discussion titled "Public Safety's Role in and the Need for Better Quality Broadband". The speakers will be Steven Berry (Rural Cellular Association), Harlin McEwen (International Association of Chiefs of Police), and Paul Kirby (TR Daily). The price to attend is $47.12. See, notice and registration page. This event is also sponsored by the National Cable & Telecommunications Association (NCTA) and the Telecommunications Industry Association (TIA). Location: Clyde's of Gallery Place, 707 7th St., NW.

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.

2:30 PM. The Senate Banking Committee (SBC) will meet in executive session to consider the nomination of Peter Diamond to be a Member of the Board of Governors of the Federal Reserve System. See, notice. Location: Room 538 Dirksen Building.

5:30 - 6:00 PM. The American Intellectual Property Law Association (AIPLA) will host an onsite and teleconferenced event titled "Q&A for the Media" with Benoît Battistell, President of the European Patent Office (EPO). To register to attend, and receive the number and passcode, contact press at aipla dot org or 703-412-1315. Location: AIPLA, 241 18th South, Suite 700, Arlington, VA.

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.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Processing Equipment Technical Advisory Committee (MPETAC) will hold a partially closed meeting. See, notice in the Federal Register, October 28, 2010, Vol. 75, No. 208, at Pages 66356-66357. Location: DOC, Room 6087B, 14th Street between Pennsylvania and Constitution Avenues, NW.

10:00 AM. The Senate Commerce Committee (SCC) will hold an oversight hearing on the Transportation Security Administration (TSA). See, notice. Location: Room 253, Russell Building.

10:00 - 11:00 AM. The Consumer Electronics Association (CEA) and Kaufman Foundation (KF) will host a panel discussion titled "The Entrepreneur’s Guide to Congress: Policy Challenges and Opportunities in 2011". The speakers will be Gary Shapiro (CEA), Robert Litan (KF), John Backus (New Atlantic Venture Partners), Michael Beirne (Voice of Entrepreneurs), and Jake Sigal (Livio Radio). See, notice. Location: Room 402, Cannon Building, Capitol Hill.

10:30 AM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing titled "Securing Critical Infrastructure in the Age of Suxtnet". Stuxnet is a complex worm, discovered by cyber security workers in July of 2010, that targets industrial control systems in order to take control of industrial facilities, such as power plants. It primarily attacked computers located in Iran and a few other countries. It may have been part of an operation of state sponsored cyber warfare. See, Symantec's web page titled "W32.Stuxnet". The witnesses will be Sean McGurk (acting Director of the Department of Homeland Security's National Cybersecurity and Communications Integration Center), Michael Assante (National Board of Information Security Examiners), Dean Turner (Symantec), and Mark Gandy (Dow Corning). See, notice. Location: Room 342, Dirksen Building.

2:00 PM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing on the nomination of Eugene Dodaro to be the Comptroller General of the Government Accountability Office (GAO). See, notice. Location: Room 342, Dirksen Building.

2:30 PM. The Senate Commerce Committee's (SCC) Subcommittee on Communications, Technology, and the Internet will hold a hearing titled "Television Viewers, Retransmission Consent, and the Public Interest". See, notice. Location: Room 253, Russell Building.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on four pending judicial nominees: Max Cogburn (USDC/WDNC), Marco Hernandez (USDC/DOre), Michael Simon (USDC/DOre), and Steve Jones (USDC/NDGa). See, notice. The SJC will webcast this event. Sen. Sheldon Whitehouse (D-RI) will preside. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of S 3804 [LOC | WW], the "Combating Online Infringement and Counterfeits Act", and S 3728 [LOC | WW], the "Innovative Design Protection and Piracy Protection Act". The agenda also includes consideration of numerous judicial nominees: Robert Chatigny (USCA/2ndCir), Susan Carney (USCA/2ndCir), James Graves (USCA/5thCir), James Boasberg (USDC/DC), Amy Jackson (USDC/DC), Edward Davila (USDC/NDCal), Amy Totenberg (USDC/NDGa), James Shadid (USDC/CDIll), Sue Myerscough (USDC/CDIll), Paul Holmes (USDC/WDArk), Anthony Battaglia (USDC/SDCal), Diana Saldana (USDC/SDTex). The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

1:00 PM. The Senate Finance Committee's (SFC) Subcommittee on International Trade, Customs and Global Competitiveness will hold a hearing titled "International Trade in the Digital Economy". The witnesses will be Ed Black (Computer and Communications Industry Association), Daniel Burton (Salesforce.com), Catherine Mann (Brandeis University), Mike Sax (Association for Competitive Technology), and Greg Slater (Intel). See, notice. Location: Room 215, Dirksen Building.

1:00 - 2:00 PM. The Information Technology and Innovation Foundation (ITIF) and will host an event to release a report titled "The 2010 State New Economy Index". The speakers will be Robert Atkinson (ITIF) and Robert Litan (Kaufman Foundation). See, notice. This event is free and open to the public. Location: ITIF/ITIC, 6th floor, 1101 K St., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "The 21st Century Communications and Video Programming Accessibility Act". See, notice. CLE credits. Prices vary. Location: Arnold & Porter, 555 12th St., NW.

9:00 - 10:30 AM. The US Telecom will host a panel discussion titled "Rules of the Road for Behavioral Advertising: Balancing Consumer Privacy and Internet Innovation". The speakers will be Genie Barton (US Telecom), Christopher Olson (FTC), Stuart Ingis (Venable, counsel to Digital Advertising Alliance), and Kathleen Zanowik (Verizon). Breakfast will be served. See, notice. Location: US Telecom, Suite 400, 607 14th St., NW.

Day one of a three day event hosted by the Federalist Society titled "2010 National Lawyers Convention". See, notice and agenda. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

TIME? The Office of the U.S. Trade Representative (OUSTR) will hold a 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. Location: OUSTR, Rooms 1 and 2, 1724 F St., NW.

Day two of a three day event hosted by the Federalist Society titled "2010 National Lawyers Convention". See, notice and agenda. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

Deadline for the U.S. International Trade Commission (USITC) to submit its report to the Senate Finance Committee (SFC) in its proceeding titled "China: Intellectual Property Infringement, Indigenous Innovation Policies, and Frameworks for Measuring the Effects on the U.S. Economy". See, notice in the Federal Register, May 10, 2010, Vol. 75, No. 89, at Pages 25883-25884.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its request for comments regarding creating a "fast-track ex parte reexamination voucher pilot program to create incentives for technologies and licensing behavior that address humanitarian needs". See, notice in the Federal Register, September 20, 2010, Vol. 75, No. 181, at Pages 57261-57262.

Deadline to submit comments to the Department of Commerce's (DOC) Internet Policy Task Force regarding the relationship between the availability and protection of online copyrighted works and innovation in the internet economy. See, notice in the Federal Register, October 5, 2010, Vol. 75, No. 192, at Pages 61419-61424.

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