11/18. The Senate Judiciary Committee (SJC) amended and approved S 3804 [LOC | WW], the "Combating Online Infringement and Counterfeits Act". The SJC approved an amendment in the nature of a substitute [17 pages in PDF] by a vote of 19-0.

Sen. Patrick Leahy (D-VT), Sen. Orrin Hatch (R-UT), and others introduced this bill on September 20, 2010.

The SJC held no hearing on this bill. There has been no hearing in the House on the proposal contained in this bill. The process being followed with this bill is consistent with the trend in the 111th Congress of drafting and passing bills with less deliberation, less openness, and less transparency.

This bill would add a new section to the criminal code that would give the Department of Justice (DOJ) broad authority to bring actions in District Courts against domain names of internet sites "dedicated to infringing activities". The bill styles these actions as in rem actions to seize domain names.

However, while this bill styles the cause of action to be brought by the DOJ as an in rem action against the domain name (an action at law regarding ownership of property), most of the meaningful remedies would be in the nature of injunctive relief against third party registrars, registries, ad servers, financial entities, and internet service providers (which sounds in equity).

See also, Sen. Leahy's prepared statements from the November 18 mark up.

Kyle McSlarrow, head of the National Cable & Telecommunications Association (NCTA), praised the SJC action in a release. He wrote that this bill will empower the DOJ to "crack down on websites which illegally provide access to valuable copyrighted video content. Online piracy and the distribution of illegal content are significant problems that harm America’s content industry and consumers. We look forward to continuing to work with Chairman Leahy and the other members of the Committee to improve this legislation as it moves through the Senate."

Mitch Bainwol, head of the Recording Industry Association of America (RIAA), stated in a release that "Congress has begun to strike at the lifeline of foreign scam sites, while protecting free speech and boosting the legal online marketplace".

In contrast, Gigi Sohn, head of the Public Knowledge (PK), stated in a release after the vote that "We are disappointed that the Senate Judiciary Committee this morning chose to disregard the concerns of public-interest groups, Internet engineers, Internet companies, human-rights groups and law professors in approving a bill that could do great harm to the public and to the Internet. We look forward to working with the Committee next year to craft a more narrowly tailored bill that deals with the question of rogue Web sites."

See also, stories titled "Senators Introduce Bill to Enable DOJ to Shut Down Web Sites Dedicated to Infringement", "Bill Summary: Combating Online Infringement and Counterfeits Act", and "Commentary: Combating Online Infringement and Counterfeits Act" in TLJ Daily E-Mail Alert No. 2,132, September 21, 2010, and stories titled "Tech Groups Oppose Domain Name Seizure Bill" and "CDT Argues that Domain Name Seizure Bill Implicates Freedom of Speech" in TLJ Daily E-Mail Alert No. 2,135, September 29, 2010.

11/17. The Senate Homeland Security and Government Affairs Committee (SHSGAC) held a hearing titled "Securing Critical Infrastructure in the Age of Suxtnet". Sen. Lieberman said that Suxtnet "was the warning of a gathering storm", and that the Congress must enact cyber security legislation, such S 3480 [LOC | WW], the "Protecting Cyberspace as a National Asset Act", sponsored by Sen. Lieberman, Sen. Collins, and Sen. Carper. See also, video of hearing.

The bill would create a National Center for Cybersecurity and Communications (NCCC) at the Department of Homeland Security (DHS). It would update the Federal Information Security Management Act (FISMA) with respect to protecting federal systems. It would promote public private partnerships. It would also give the President authority to impose emergency measures on private sector operators of critical infrastructure subject to cyber threats.

This hearing focused on Stuxnet, a complex worm, discovered by cyber security workers in July of 2010, that exploited four zero day vulnerabilities in Microsoft Windows.

Stuxnet targeted 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.

Sen. Joe Lieberman (D-CT), Chairman of the SHSGAC, wrote in his opening statement that while "Stuxnet has done no known damage", its mere existence "shows that we can no longer pretend that a cyber attack on our critical infrastructure is hypothetical or hyperbolic".

He said that "the current, porous state of our nation's infrastructure means that it wouldn't take malware as robust and sophisticated as Stuxnet to cripple many of our critical systems".

Sen. Lieberman (at left) predicted that "it seems unlikely we can pass this bill in this lame duck session". He added that "the clock will run out on us before we have a chance to complete negotiations with other committees and with the administration".

However, he said that "it's certainly my intention to come back to this legislation early in the next congress and try to get it out as soon as possible".

He said that his bill "would give the federal government modern tools to secure and defend the nation's most critical cyber networks and establish public/private partnerships that will help set those kinds of national cyber security priorities".

Phil Bond, head of the Tech America (TA), stated in a news conference on Monday, November 15, that he hoped that the Congress would update the FISMA during the lame duck session of the 111th Congress, but that he expected that comprehensive cyber security legislation, which the TA supports, would be held over to the 112th Congress.

Sen. Susan Collins (R-ME), the ranking Republican on the SHSGAC, wrote in her opening statement that Stuxnet "was discovered in July at the Bushehr power plant, Iran's controversial nuclear power facility. It was also found in systems in China, Indonesia, India, the United States, and elsewhere. More than 100,000 computers have been infected."

She continued that "Industrial control systems, like the Siemens systems affected by Stuxnet, are widely used in electric power plants, water and wastewater treatment, the oil and natural gas industry, transportation, and manufacturing. Malware like Stuxnet has the potential to change instructions, commands, or alarm thresholds, which, in turn, could damage, disable, or disrupt equipment."

Sen. Collins (at right) warned that "If a cyber attack like this worm were launched on a large transformer on the electric power grid, for example, the impact could cascade, potentially leaving large regions of the United States without electricity, halting our economy, and undermining our national security. The cyber threat is urgent, and the consequences of a major national cyber attack could be devastating."

Witness Testimony. Sean McGurk (acting Director of the Department of Homeland Security's National Cybersecurity and Communications Integration Center) wrote in his prepared testimony [13 pages in PDF] that "The concern for the future of Stuxnet is that the underlying code could be adapted to target a broader range of control systems in any number of critical infrastructure sectors."

He said that "this sophisticated malware has the ability to gain access to, steal detailed proprietary information from, and manipulate the systems that operate mission-critical processes within the nation’s infrastructure."

"Stuxnet was professionally created using carefully planned development concepts. The malware implements state-of-the-art techniques and capabilities for infecting a system, preventing detection (to maintain its presence), exfiltrating data, and inhibiting analysis once the code is detected. In other words, this code can automatically enter a system, steal the formula for the product you are manufacturing, alter the ingredients being mixed in your product, and indicate to the operator and your anti-virus software that everything is functioning as expected." (Parentheses in original.)

Michael Assante (National Board of Information Security Examiners) wrote in his prepared testimony [12 pages in PDF] that "Stuxnet is, at the very least an important wake up call for digitally-enhanced and reliant countries; and at its worst, a blueprint for future attackers."

He offered a detailed explanation of Stuxnet and similar threats, and then offered a number of technical and policy recommendations. For example, "Establish new regulation in the form of risk-based performance requirements that value learning, promote innovation, and better equip/prepare control environments and the teams that protect, operate, and maintain them. The current regulatory structure will not, in my view, be capable of achieving this end. Legislation should include the need for more sharply defined federal authority to address specific and imminent cyber security threats to critical infrastructures in the form of emergency measures."

Also, "Require critical infrastructure asset owners and control system vendors to report industrial control system specific security incidents and the U.S. government must provide up-to-date information to asset owners and operators on observed adversary tactics and techniques, especially when investigations reveal attacker capabilities to side-step or exploit relied upon security technologies."

Dean Turner (Symantec) wrote in his prepared testimony [9 pages in PDF] that "Critical infrastructure industrial control systems face increasing risks due to cyber threats, system vulnerabilities, and the serious potential impact of attacks as demonstrated by reported incidents. Threats can be intentional or unintentional, targeted or nontargeted, and can come from a variety of sources. Stuxnet demonstrates that industrial control systems are more vulnerable to cyber attacks than in the past for several reasons, including their increased connectivity to other systems and the Internet."

He too covered Stuxnet at length. He concluded with policy recommendations. He expressed support for S 3480. He wrote that "Governments should continue to make resources available and partner with industry to establish critical infrastructure protection programs."

He also wrote that "Governments should partner with industries and industry organizations to develop and disseminate information to raise awareness of CIP organizations and plans. Specific information should include how a response would work in the face of a national cyber attack, what the roles of government and industry would be, who the specific contacts are for various industries at a regional and national level, and how government and private business would share information in the event of an emergency."

See also, Symantec's web page titled "W32.Stuxnet". And see, prepared testimony [5 pages in PDF] of Mark Gandy (Dow Corning).

More on Pending Legislation. The SHSGAC approved S 3480 on June 24, 2010.

Rep. Jane Harman (D-CA) introduced the companion bill to S 3480 in the House, HR 5548 [LOC | WW], also titled "Protecting Cyberspace as a National Asset Act of 2010", on June 16, 2010.

S 3480's provision giving the President emergency authority (Section 249) is the object of some criticism. See, story titled "The Big Red Switch in the Oval Office" in TLJ Daily E-Mail Alert No. 2,010, July 16, 2010.

Another key bill is S 773 [LOC | WW], the "Cybersecurity Act of 2009", introduced by Sen. Jay Rockefeller (D-WV) on April 1, 2009. See, stories titled "Senate Commerce Committee Amends Cybersecurity Act" in TLJ Daily E-Mail Alert No. 2,064, March 25, 2010, and "Senate Commerce Committee to Mark Up Revised Cyber Security Bill" in TLJ Daily E-Mail Alert No. 2,060, March 20, 2010.

11/17. 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".

Sen. John Kerry (D-MA) presided. He said that "our goal is to discuss alternative ways to resolve these disagreements and protect consumers".

He said that "our predilection is not to get involved, somehow manage the marketplace in ways that are inappropriate". He added that he "wants the marketplace to work effectively".

Sen. Kerry (at left) discussed the proposal that he circulated during the Congressional recess. See, draft bill [9 pages in PDF] titled the "Retransmission Negotiation Reform and Transparency Act of 2010", and story titled "Sen. Kerry Releases Draft Retransmission Consent Bill" in TLJ Daily E-Mail Alert No. 2,144, October 21, 2010. He said that under his proposal, a broadcaster could still pull the signal, but the proposal could provide greater "cooperation by staving off the pulling of the signal", and provide consumers greater transparency.

Sen. John Ensign (R-NV). He said that the "video programming marketplace today is incredibly robust and diverse", and that most retransmission consent negotiations are done quietly. However, "a handful of high profile retransmission consent disputes this year have captured the attention of the press and policymakers alike".

He said that much has changed since 1992 when the Congress enacted the retransmission consent statutory provision. There is now high definition broadcast television. There are now hundreds of channels. There are now cable, satellite and telco multichannel video programming providers. He also noted that "consumers today also have access to a remarkable array of online video content" that they can watch from a variety of devices.

Now, said Sen. Ensign, "the video marketplace has never been more competitive, and it may be time to consider revising our retrans regulations."

Sen. Ensign (at right) concluded that "I do have some concerns on the idea of putting the FCC in the middle of carriage negotiations. We should take a holistic look at the retransmission and copyright rules to see if we need to move them towards a more free market system, where consumer interests, rather than government regulation, drives competition."

And, he wants the Congress to revisit the compulsory copyright license.

Sen. John Rockefeller (D-WV), the Chairman of the SCC, also gave an opening statement. He said that "the system we have for developing television content, packaging that content, and distributing it to consumers is broken". He complained about multichannel video programming packaging and prices, as well as the quality of entertainment and news programming.

As for the retransmission consent regime, he offered no solution, or legislative proposal. However, he said to the industry witnesses, "if you fail to fix this situation, we will fix it for you".

Sen. Frank Lautenberg (D-NJ) praised Sen. Kerry's proposal.

Broadcasters. Broadcasters benefit from the current retransmission consent regimes. Chase Carey, P/COO of News Corporation, which owns Fox, which owns broadcast stations, wrote in his prepared testimony [8 pages in PDF] less than one percent of deals have resulted in service disruptions.

He wrote that "if we can't sell our content for a price that allows us a fair return on investment, we will no longer be able to invest in the high quality content that viewers enjoy".

Joe Uva (P/CEO of Univision, which owns 62 Spanish language television stations) wrote in his prepared testimony [3 pages in PDF] that "we are very concerned that government mandates -- such as requiring Univision to keep providing our programming to a distributor even where we failed to reach a deal -- would distort the market by removing our distributors’ primary incentive to reach agreement."

Dennis Wharton of the National Association of Broadcasters (NAB) stated in a release after the hearing that "Today's hearing demonstrated that pay TV companies are cynically seeking government intervention into private business negotiations that are successfully concluded more than 99 percent of the time. If the pay TV giants succeed, there will be further migration of top sporting events like the Super Bowl and the World Series away from free TV, and a reduction in financial resources that sustains the delivery of quality foreign language programming, local news and entertainment to more than 30 million Americans who rely exclusively on over-the-air television."

Cable and Other MVPDs. Cable companies complain about the currrent regime. Glenn Britt, P/CEO of Time Warner Cable, wrote in his prepared testimony [5 pages in PDF] that "greater competition in the pay TV industry from satellite and telco providers has had the unintended effect of dramatically increasing the power of broadcasters in retransmission consent negotiations. When retransmission consent was first created, broadcasters and cable operators each had monopolies in the local market. As a result, for a number of years the parties negotiated from relatively equal positions of strength and with a shared interest in reaching an agreement on mutually beneficial terms."

He continued that "The pay TV industry has become robustly competitive, while local broadcasters have retained their government-granted monopolies and other benefits that now distort carriage negotiations. Under these rules, pay TV providers are limited to dealing with only one broadcast supplier in a local market. This has allowed broadcasters to play multiple distributors off of each other and has encouraged broadcasters to take more extreme, disruptive positions rather than to seek compromise."

"Retransmission consent, however, is not a free market. Retransmission consent negotiations are conducted under a thicket of outdated regulations that have not kept pace with the dramatic changes in this dynamic industry", said Britt.

He cited broadcasters' "must carry rights, territorial exclusivity protection, a guaranteed right to basic tier carriage and, of course, the broadcasters’ free use of the public airwaves".

He proposed that "If the broadcasters truly want to operate in a ``free market,´´ then they should give up these special privileges. But if broadcasters want to retain their special privileges, then the retransmission consent rules need to be updated".

Tom Rutledge, COO of Cablevision, a cable company that operates in the NYC area, wrote in his prepared testimony [4 pages in PDF] that "retransmission consent negotiations do not take place in a free market but rather under an umbrella of statutory provisions and FCC rules that heavily favor the broadcaster over the cable operator or multi-channel video programming distributor (MVPD). It is a scheme based on a perception of the video marketplace that is 20 years out of date."

He cited several ways the current regulatory environment favors broadcasters. "First, FCC rules give every broadcaster in the country an exclusive franchise for its network -- in other words, a government-sanctioned, local monopoly in its local market. If an MVPD thinks the local broadcaster’s (monopoly) price is too high but still wants to carry the must-have programming from other affiliates -- too bad -- FCC rules prevent the MVPD from negotiating with any other broadcast station that has that content, leaving them at the mercy of the local broadcast monopoly."

"Second, government rules require that every one of our subscribers buy and pay for the broadcast channels as part of any cable service -- even if the subscriber doesn't want them and no matter how much money the broadcaster charges us to carry their signal. This shields broadcasters from the consequences of their pricing decisions, since everyone is required to buy the product no matter the price."

"Third", wrote Rutledge, "when a broadcaster and MVPD cannot reach a retransmission agreement, government rules prohibit the MVPD from dropping the broadcast channel during ``sweeps´´ -- periods of time when TV ratings are set -- because it would be costly to the broadcaster. Yet nothing prevents the broadcaster from pulling the signal from the MVPD before marquee events -- such as the Super Bowl or the World Series -- even though doing so would be costly to the MVPD and harm consumers."

He offered for recommendations for changes in FCC rules. First, "Forbid tying. Require that all retransmission consent contracts be limited to carriage of the broadcast channel, and not conditioned on the carriage and payment for unrelated but affiliated programming networks."

Second, "Require transparency." Third, "Forbid discrimination. Broadcasters should be free to set the price for carriage of their broadcast signals, but should not be able to discriminate among MVPDs."

He also argued that a "free market" would "mean eliminating free spectrum and special privileges for broadcast, rolling back retransmission consent and must carry, permitting broadcasters to compete, free of rules on ``syndicated exclusivity,´´ ``network non-duplication,´´ and ``must buy.´´"

See also, prepared testimony [3 pages in PDF] Charles Segars (CEO of Ovation).

11/18. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over 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).

11/17. President Obama nominated Vincent Briccetti to be a Judge of the U.S. District Court Southern District of New York. See, White House news office release and release. He is a partner in the three attorney criminal defense law firm of Briccetti Calhoun & Lawrence, located in White Plains, New York, a suburb of New York City. The firm's web site states that it handles "Criminal Defense, White Collar Defense, Tax Evasion, Fraud, DWI Defense, Civil Litigation, Internal Investigations". Briccetti's lawyers.com bio states that he has "represented persons investigated for or charged with ... internet sex offenses" and "identity theft". (Emphasis added.) Sen. Charles Schumer (D-NY) recommended his appointment. See, release.

11/17. President Obama nominated Roy Dalton to be a Judge of the U.S. District Court for the Middle District of Florida. See, White House news office release and release. He is a partner in the two attorney law firm of Dalton & Carpenter. His firm web site states that he is a personal injury lawyer and a member of the Association of Trial Lawyers of America (ATLA). Federal Election Commission (FEC) records show that he has been a frequent contributor to federal election campaigns, including President Obama's 2008 campaign.

11/17. President Obama nominated Cathy Bissoon to be a Judge of the U.S. District Court for the Western District of Pennsylvania. See, White House news office release and release. She is currently a U.S. Magistrate Judge.

11/17. President Obama nominated Sara Lynn Darrow a Judge of the U.S. District Court for the Central District of Illinois. See, White House news office release and release. She is an Assistant U.S. Attorney for the Central District of Illinois.

11/17. President Obama nominated John Kronstadt a Judge of the U.S. District Court for the Central District of California. See, White House news office release and release. He is a state trial court judge in Los Angeles, California.

11/17. President Obama nominated Kevin Sharp to be a Judge of the U.S. District Court for the Middle District of Tennessee. See, White House news office release and release. He is a partner in the small Nashville, Tennessee, law firm of Drescher & Sharp. He focuses on employment law.

11/17. Eight Republican members of the House Commerce Committee (HCC) sent a letter to other House Republicans expressing their support for the selection of Rep. Joe Barton (R-TX) as Chairman of the HCC in the 112th Congress. They praised him for fighting the Democrats' cap and trade and health care bills. They also wrote that "Last month, Joe rejected and killed the deal brokered by Henry Waxman to allow the Obama Administration FCC to regulate the Internet for the first time." The eight are Rep. Ralph Hall (R-TX), Rep. John Shimkus (R-IL), Rep. Lee Terry (R-NE), Rep. Marsha Blackburn (R-TN), Rep. Cliff Stearns (R-FL), Rep. Michael Burgess (R-TX), Rep. Joe Pitts (R-PA), and Rep. Steve Scalise (R-LA).

11/17. House Republicans elected their leadership team for the 112th Congress, which convenes in January of 2012. See, Rep. Boehner's release.

• Speaker of the House: Rep. John Boehner (R-OH).
• Majority Leader: Rep. Eric Cantor (R-VA).
• Majority Whip: Rep. Kevin McCarthy (R-CA).
• Conference Chairman: Rep. Jeb Hensarling (R-TX).
• NRCC Chairman: Rep. Pete Sessions (R-TX).
• Policy Committee Chairman: Rep. Tom Price (R-GA).
• Conference Vice-Chair: Rep. Cathy McMorris Rodgers (R-WA).
• Conference Secretary: Rep. John Carter (R-TX).
• Freshman Representative: Rep. elect Kristi Noem (R-SD).
• Freshman Representative: Rep. elect Tim Scott (R-SC).
• Rules Committee Representative: Rep. David Dreier (R-CA).
• Chairman of the Leadership: Rep. Greg Walden (R-OR).

11/17. House Democrats elected their leadership team for the 112th Congress. Rep. Pelosi defeated Rep. Heath Shuler (D-NC) by a vote of 150-43.

• House Majority Leader: Rep. Nancy Pelosi (D-CA).
• House Majority Whip: Rep. Steny Hoyer (D-MD).
• Assistant to the Speaker: Rep. James Clyburn (D-SC).
• Democratic Caucus Chairman: Rep. Chris Van Hollen (D-MD).
• Democratic Caucus Vice Chair: Rep. John Larson (D-CN).

The House will meet at 10:00 AM legislative business. The schedule for the week still includes consideration a motion to concur in the Senate Amendment to HR 1722 [LOC | WW], the "Telework Enhancement Act of 2010", a bill pertaining to teleworking at federal agencies only. See, Republican Cloakroom and Rep. Hoyer's schedule for the week of November 15, and schedule for November 18.

The Senate will meet at 9:30 AM. It will resume consideration of the motion to proceed to S 510 [LOC | WW], the "FDA Food Safety Modernization Act".

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.

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.

RESCHEDULED FOR NOVEMBER 22. 11:00 AM. The Free Press (FP) will host a news conference by teleconference to release and discuss a report titled "Restoring FCC Authority to Make Broadband Policy: A Way Forward After Comcast v. FCC". The speakers will be Tim Wu (Columbia University law school), Susan Crawford (Yeshiva University law school), Aparna Sridhar (FP), and Josh Silver (FP). The call in number is 888-792-8352; the conference ID is 24410747.

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.

2:00 PM. The Information Technology and Innovation Foundation (ITIF) and will host news teleconference to discuss "The 2010 State New Economy Index". The call in number is 1-218-339-2626; the access code is 311-3005.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing. Location: Room 219, Hart Building.

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.

Day one of a three day event hosted by the Federalist Society titled "2010 National Lawyers Convention". At 9:00 AM, Sen. Mitch McConnell (R-KY) will speak. At 2:00 - 3:30 PM there will be a panel titled "Intellectual Property: Minimizing Risk and Maximizing Reward: IP as Regulatory Policy or Property Right?". The speakers will be Richard Epstein (New York University School of Law), Brett Frischmamn (Yeshiva University's Cardozo School of Law), Mark Schultz (Southern Illinois University School of Law), Gigi Sohn (Public Knowledge), and Paul Michel (former Judge of the U.S. Court of Appeals (FedCir)). See, notice and agenda. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

The House may meet at 9:00 AM legislative business. See, Republican Cloakroom and Rep. Hoyer's schedule for the week of November 15. There will be no votes.

10:00 AM. 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. See also, International Intellectual Property Alliance (IIPA) request to testify [PDF]. Location: OUSTR, Conference Rooms 1 and 2, 1724 F St., NW.

9:00 - 11:00 AM. The Canada Institute of the Woodrow Wilson International Center for Scholars will host a panel discussion titled "Privacy and Information Sharing: The Search for an Intelligent Border". The speakers will be Mary Ellen Callahan (Chief Privacy Officer of the Department of Homeland Security) and Wesley Wark (University of Toronto). Jim Harper (Cato Institute) will moderate. Location: Woodrow Wilson Center, Ronald Reagan Building and International Trade Center, 1300 Pennsylvania, NW.

9:30 AM - 12:00 NOON. The Media Access Project (MAP) will host a panel discussion titled "Online Video: Incumbent Providers Meet a Disruptive New Technology". The speakers will be Susan Fox (Disney), David Goodfriend (Weiner Brodsky Sidman & Kider), Kyle McSlarrow (National Cable & Telecommunications Association), and Johanna Shelton (Google). Breakfast will begin at 8:30 AM. This event is free and open to the public. See, notice. Location: Dickstein Shapiro, 1825 I St., NW.

10:30 AM - 1:30 PM. The Public Knowledge will host an event titled "Demonstrations of Cut The Cord Technologies". At 10:30 - 11:00 AM, there will be a "Press Availability". At 11:00 AM - 1:30 PM, there will be exhibits. The participants will include Roku, Revision3, PlayOn, and Popbox. For more information, contact Art Brodsky 202-861-0020 (office), 301-908-7715 (cell), or abrodsky at publicknowledge dot org. Location: Foyer, Rayburn Building, Capitol Hill.

11:00 AM. The Broadcasting Board of Governors will meet. See, notice in the Federal Register, November 12, 2010, Vol. 75, No. 218, at Pages 69397-69398, and notice in the Federal Register, November 15, 2010, Vol. 75, No. 219, at Page 69620. Location: Cohen Building, Room 3321, 330 Independence Ave., SW.

Day two of a three day event hosted by the Federalist Society titled "2010 National Lawyers Convention". At 3:15 - 4:45 PM, there will be a panel titled "Free Speech: Anonymity and The First Amendment". The speakers will be Lloyd Mayer (University of Notre Dame Law School), Bradley Smith (Capital University Law School), Raymond Randolph (Judge of the U.S. Court of Appeals (DCCir)), Joel Reidenberg (Fordham University School of Law), and Brett Kavanaugh (Judge of the U.S. Court of Appeals (DCCir)). At 5:45 PM, Judge Dennis Jacobs of the U.S. Court or Appeals for the (2ndCir) will speak. 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.

Day three of a three day event hosted by the Federalist Society titled "2010 National Lawyers Convention". At 10:45 AM – 12:15 PM, there will be a panel titled "Administrative Law: Limits to Government and Regulatory Authority: Comcast v. FCC". The speakers will be Marvin Ammori (University of Nebraska College of Law), Ronald Cass, Thomas Hazlett (George Mason University School of Law), Austin Schlick (FCC General Counsel), and Diarmuid O'Scannlain (Judge of the U.S. Court of Appeals (9thCir)). Also at 10:45 AM – 12:15 PM, there will be a panel titled "Telecommunications: Rewriting the Telecomm Act: Has the Time Come?". The speakers will be Robert McDowell (FCC Commissioner), Thomas Tauke (Verizon), Shawn Chang (Majority Counsel, House Commerce Commerce), Parul Desai (Consumers Union), Raymond Gifford (Wilkinson Barker Knauer), Howard Waltzman (Mayer Brown), David Sentelle (Judge of the U.S. Court of Appeals DCCir)), and Maureen Ohlhausen (Wilkinson Barker Knauer). See, notice and agenda. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

9:30 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) and will host an event to discuss a report [107 pages in PDF] titled "The Good, The Bad, and The Ugly (and The Self-Destructive) of Innovation Policy", by Steven Ezell (ITIF) and Robert Atkinson (ITIF). The speakers will be Atkinson, Grant Aldonas (Split Rock International), Marcus Noland (Peterson Institute for International Economics), and Bruce Stokes (National Journal). See, notice. This event is free and open to the public. Location: ITIF/ITIC, 6th floor, 1101 K St., NW.

11:00 AM. The Free Press (FP) will host a news conference by teleconference to release and discuss a report titled "Restoring FCC Authority to Make Broadband Policy: A Way Forward After Comcast v. FCC". The speakers will be Tim Wu (Columbia University law school), Susan Crawford (Yeshiva University law school), Aparna Sridhar (FP), and Josh Silver (FP). The call in number is 888-792-8352; the conference ID is 24410747.

12:00 NOON. Deadline to submit written comments to the Office of the U.S. Trade Representative (OUSTR) 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.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (NPRM) [79 pages in PDF] regarding expanding the FCC's disability access technology mandates. The FCC adopted and released this item on August 5, 2010. It is FCC 10-145 in WT Docket No. 07-250. See, notice in the Federal Register: September 8, 2010, Vol. 75, No. 173, at Pages 54546-54560. See also, story titled "FCC Adopts Disability Access Policy Statement, Order, and NPRM" in TLJ Daily E-Mail Alert No. 2,120, August 6, 2010.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking and Notice of Inquiry [102 pages in PDF] regarding the use of microwave for wireless backhaul. The FCC adopted and released this item on August 5, 2010. It is FCC 10-146 in WT Docket Nos. 10-153, 09-106, and 07-121. See, story titled "FCC Adopts Wireless Backhaul NPRM and NOI" in TLJ Daily E-Mail Alert No. 2,120, August 6, 2010, and notice in the Federal Register, August 24, 2010, Vol. 75, No. 163, at Pages 52185-52209.

Deadline to submit comments to the Copyright Office (CO) regarding its proposed rules changes affecting deposit account holders. The CO notice states that it proposes to "set the minimum level of activity required to hold a deposit account at 12 transactions per year; require deposit account holders to maintain a minimum balance in that account; mandate the closure of a deposit account the second time it is overdrawn; and offer deposit account holders the option of automatic replenishment of their account via their bank account or credit card." See, notice in the Federal Register, October 8, 2010, Vol. 75, No. 195, at Pages 62345-62348.

No events listed.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its October 25, 2010, Public Notice (PN) regarding its closed captioning rules. This PN is DA 10-2050 in CG Docket 05-231, ET Docket No. 99-254. See, notice in the Federal Register, November 17, 2010, Vol. 75, No. 221, at Pages 70168-70169.

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

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