4/28. Sen. Richard Blumenthal (D-CT) sent a letter to the Department of Justice (DOJ) regarding the recent data breach disclosed by Sony Computer Entertainment America.

Sen. Blumenthal urged the DOJ to "immediately open an investigation to track down and hold accountable those who have stolen sensitive personal information, and to examine any potential wrongdoing in Sony's response to this matter".

Sen. Blumenthal, who is a member of the Senate Judiciary Committee (SJC), wrote that "any individual hacking into the PlayStation Network online and stealing personal information would appear to be criminally liable" under 18 U.S.C. § 1030.

He also wrote that "I am especially concerned about Sony's failure to promptly notify its customers about the breach and what data may have been compromised. Although Sony rightly disabled its PlayStation Network soon after learning of the breach, it waited two days before announcing that its network was down due to an “external intrusion” – and this announcement was simply posted on the PlayStation blog. I am troubled that Sony waited four more days before announcing on its blog that the external intrusion may have resulted in users’ personal and financial information being compromised, and waited one additional day before making any affirmative effort to contact its users and inform them of the breach and possible third-party access to their personal and financial information.

He added that "This week-long delay in disclosing a possible breach of financial information is unacceptable, and left consumers highly vulnerable and primarily reliant on the varied quality of whatever anti-fraud protections may be provided by their banks or credit card providers. Any investigation of this matter should include a thorough inquiry into whether Sony’s handling of events in the wake of its security breach gives rise to civil or criminal liability."

Finally, he wrote, "If it does not, I would welcome comments from the Justice Department regarding how the law can be updated to best hold companies accountable for inadequate protection of personal consumer information, and inadequate notification when breaches occur."

4/29. A group of U.S. government officials and Members of Congress concluded a visit to Korea. Topics discussed included the still pending U.S. Korea Free Trade Agreement.

The Department of Commerce (DOC) issued a release in which Secretary of Commerce Gary Locke said that this FTA will benefit the economies of both the U.S. and Korea. Rep. Joseph Crowley (D-NY) stated in this release that "I look forward to working to secure Congressional approval of KORUS upon our return to the U.S."

In addition, Locke gave a speech in Seoul, Korea on April 28 in which he noted that the FTA "includes rigorous intellectual property protections that will result in increased protection for Korean and American inventors and content producers".

The FTA also addresses telecommunications and e-commerce. See, text of the FTA, and sections regarding telecommunications [17 pages in PDF], electronic commerce [4 pages in PDF], and intellectual property rights [35 pages in PDF].

The US and Korea concluded their original FTA in 2007. See, story titled "US and Korea Announce FTA" in TLJ Daily E-Mail Alert No. 1,559, April 2, 2007. However, Congressional Democrats blocked approval. The US and Korea renegotiated this FTA late last year, making changes affecting automobiles and other matters. See, stories titled "US Korea Free Trade Agreement" in TLJ Daily E-Mail Alert No. 2,150, November 8, 2010; "US and Korea Fail to Reach Agreement on Free Trade" in TLJ Daily E-Mail Alert No. 2,155, November 14, 2010; and "OUSTR Announces Progress on US Korea FTA" in TLJ Daily E-Mail Alert No. 2,171, December 7, 2010.

4/28. Rep. Ed Markey (D-MA) and Rep. Joe Barton (R-TX) released letters which they received from Verizon, AT&T, T-Mobile USA and Sprint in response to their March 29, 2011 letter regarding collection of information about their customers.

See, letter from Verizon [17 pages in PDF], letter from AT&T [8 pages in PDF], letter [4 pages in PDF] from T-Mobile USA, and letter [10 pages in PDF] from Sprint.

See also, story titled "Reps. Barton and Markey Write Wireless Companies About Their Customer Data Practices" in TLJ Daily E-Mail Alert No. 2,216, April 4, 2011.

Rep. Barton stated in a release that "After thoroughly reviewing the responses from the wireless carriers, I am left with a feeling of uneasiness and uncertainty ... The companies informed us that customer consent before access of location data is a common practice, but the disconnect is when third-party applications come in to play. While I am happy to hear that carriers inform their customers of the risks of using independent third-party applications, third-party developers can access the location of customers anytime they want. This is a huge problem. They shouldn’t have free reign over your location data and personally identifiable information. I believe it is time we hold third-party developers accountable, and I am determined to work with other members of Congress to get this done."

Rep. Markey stated in this release that "The use of encryption and related security technologies were utilized to varying degrees across the four wireless carriers, and sensitive data was retained for differing periods of time ... Personal data should be made unreadable to those without a legitimate need to access it to the greatest extent possible, and the data should not be retained longer than absolutely necessary. Otherwise, there is a heightened risk of security breaches that expose consumers to identity theft and other crimes."

4/25. The Federal Communications Commission (FCC) released a Memorandum of the Tom Wheeler, Chairman of the FCC's Technical Advisory Council. It contains eight policy recommendations.

The memorandum states that the FCC should rank cities according to how "broadband-friendly" they are.

Also, the FCC should urge President Obama to "issue an Executive Order on broadband infrastructure deployment on federal land and in federal buildings".

Third, the FCC should expedite the process for tower siting by employing a shortened shot clock for co-locations on existing structures.

Fourth, the FCC should host a series of workshops directed at state and local government "about proven new technologies for efficiently deploying broadband".

Fifth, the FCC should develop a web based communication tool to provide advance notification of planned infrastructure projects to facilitate access to underground facilities.

Sixth, the FCC should develop new metrics to measure broadband network quality.

Seventh, the FCC should "highlight" and "initiate a public dialogue" regarding services that are dependent upon PSTN infrastructure.

Finally, the TAC memorandum recommends that the FCC should "convene an industry-led group" to "discuss ways to accelerate the deployment of small cell wireless devices" such as femtocells, DAS, Wi-Fi, in "commercial and government buildings and other high teledensity venues".

4/28. Rep. Darrell Issa (R-CA) and Rep. Anna Eshoo (D-CA) introduced HConRes 42, titled the "Creativity and Innovation Resolution", on April 14, 2011. It resolves that the Congress should not mandate that radio tuners be built into all mobile devices.

The Recording Academy, CTIA, Consumer Electronics Association (CEA), and Recording Industry Association of America (RIAA) announced their support for this resolution. See, release.

Terrestrial radio broadcasters would benefit from a radio tuner mandate. And, on April 28, Gordon Smith, head of the National Association of Broadcasters (NAB), offered a reminder, regarding recent tornadoes, that "In times of crisis, local broadcasters are a reliable first informer in providing emergency weather coverage that saves lives." See, NAB release.

This resolution states that the Congress should "protect those who create intellectual property and provide economic incentives that will encourage American artists, creators, and innovators to take the necessary risks to create and innovate".

It also states that the Congress should "oppose any mandate for the inclusion of terrestrial broadcast radio tuners in the manufacture or sale of mobile devices, which would stifle innovation, competition, and consumer choice".

This resolution recites the finding that "Whereas Internet, satellite, and cable radio support the creation of new music by compensating the artists whose talent and hard work are at the core of the music and the investors who support them and bring their music to the public".

It also states that "a new Government mandate that will force mobile device manufacturers and wireless carriers to include terrestrial broadcast radio tuners in new mobile devices will stifle innovation, competition, and consumer choice"

It was referred to the House Judiciary Committee (HJC) and the House Commerce Committee (HCC).

See also, September 9, 2009, letter from Rep. Greg Walden (R-OR) and others to the Federal Communications Commission (FCC) and Department of Homeland Security (DHS) urging the inclusion of radio tuners in mobile phones.

Royalty Payments. One of the issues involved is income derived from playing music recordings.

Section 106 of the Copyright Act, which is codified at 17 U.S.C. § 106, enumerates the exclusive rights of owners of copyrights. Section 106(6) currently provides that "the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: ... (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission".

17 U.S.C. § 114 then elaborates on what is an exclusive right under Section 106(6), and what is exempt. Performances by AM and FM radio broadcasters (terrestrial broadcasters) are exempted from the exclusive rights of copyright holders. These broadcasters do not need to obtain permission, or pay royalties, for playing copyrighted songs in the U.S.

That is, terrestrial radio broadcasters have an exemption from paying copyright royalties when they play copyrighted songs, while others, including satellite radio and other new distribution platforms, must pay.

Hence, copyright owners and music industry interests oppose a radio tuner mandate, and support legislation that would end the exemption.

Neil Portnow, President of the Recording Academy, stated in the release that "The music community wants to see the growth of distribution platforms that compensate musicians and performers. The most exciting new mobile devices are also the distribution platforms that fully compensate musicians and performers. FM Radio, by contrast, does not".

Mitch Bainwol, Ch/CEO of the RIAA, stated that "Every platform in the industrialized world respects property rights but one -- terrestrial radio in the U.S. So the idea of the government rigging the playing field to expand the scope of the existing taking makes zero sense. That's why we welcome this resolution and the broader concept of policies that reward technical and creative innovation".

There were bills to end the exemption in the 110th and 111th Congress, but no bill was enacted. For the 110th Congress, see HR 4789 [LOC | WW], the "Performance Rights Act of 2007", and S 2500 [LOC | WW]. For the 111th Congress, see HR 848 [LOC | WW], the "Performance Rights Act", and S 379 [LOC | WW],

Broadcasters oppose this legislation.

See also, story titled "NAB Opposes Vote on Performance Rights Act" in TLJ Daily E-Mail Alert No. 1,949, June 5, 2010, and story titled "House Judiciary Committee Approves Performance Rights Act" in TLJ Daily E-Mail Alert No. 1,938, May 13, 2009.

Technology Design Mandates. Another issue is technology mandates.

Gary Shapiro, head of the CEA, a group whose members would be compelled to redesign their mobile devices, stated that "An FM chip mandate is unnecessary and unjustified. These new mobile devices are platforms for innovation and creativity, and Americans can decide for themselves what functions and features they want. Requiring today's digital phones to include an analog FM Chip makes as much sense as requiring them to include a telegraph".

Similarly, Steve Largent, head of the CTIA, stated that "With more than 650 unique wireless devices in the U.S., consumers have a variety of options, including handsets with FM chips."

Currently, many mobile devices can receive radio broadcasts. If a consumer wants a radio, it is available. For a list of devices with radio tuners, see the NAB's web page titled "Find a Radio Ready Cell Phone".

However, some proponents of a radio tuner mandate want every mobile device to include a radio tuner.

Perhaps it should be noted that the CEA and the consumer electronics industry lost a similar argument last year when the Congress passed legislation under the rubric of disability access. One large issue was the usability of new communications, information technology, and entertainment devices by persons with various disabilities, such as loss of sight and hearing. One threshold question was whether the policy goal of disability access should be that for each type of device persons with each type of disability should have accessible options, or whether every device must be accessible.

The statute was enacted with little testimony or debate. However, at one Senate Commerce Committee (SCC) hearing, on May 26, 2010, Sen. Mark Pryor (D-AR) discussed the matter. The star witness, a U.S. Army veteran, Brian Pearce, who suffered vision loss in the line of duty in Iraq, volunteered that disabled people needed one accessible device, not access to every device. The professional witnesses quickly rebutted his statement.

4/29. James Smith was named Chief Administrative Patent Judge of the U.S. Patent and Trademark Office's (USPTO) Board of Patent Appeals and Interferences (BPAI) effective May 8, 2011. He is currently Associate General and Chief Intellectual Property Counsel at Baxter International. He will replace Michael Fleming, who retired last year. See, USPTO release.

4/28. Comcast promoted Bret Perkins to Vice President, External and Government Affairs. He was Senior Director of Public Policy. See, Comcast release.

4/25. The Software & Information Industry Association (SIIA) announced the new membership of its Software Division's Board of Directors. See, SIIA release.

5/2. The Supreme Court issue an Orders List [9 pages in PDF] that discloses that it granted certiorari, vacated, and remanded in Cellco Partnership v. Litman and Litman v. Cellco Partnership, Sup. Ct. Nos. 10-398 and 10-551. The issue is arbitration clauses in consumer contracts that prohibit class action arbitration. The Supreme Court remanded to the U.S. Court of Appeals (3rdCir) for further consideration in light of its April 27, 2011, opinion [39 pages in PDF] in AT&T Mobility v. Concepcion. See, story titled "Supreme Court Holds Class Action Waiver Clauses in Arbitration Contracts Are Enforceable " in TLJ Daily E-Mail Alert No. 2,228, April 28, 2011. See also, May 21, 2010, vacated opinion [8 pages in PDF] of the Court of Appeals.

5/2. Jim Harper, Director of Information Policy Studies at the Cato Institute, wrote in a short piece that "Now that bin Laden is gone, the public will be more willing to carefully balance security and privacy in our free country. By a small, but important margin, courts will be less willing to indulge extravagant government claims about threat and risk."

5/2. The Information Technology and Innovation Foundation (ITIF) released a paper [16 pages in PDF] titled "The Chain of Logic to Get to a Robust National Innovation and Competitiveness Policy". The author is the ITIF's Robert Atkinson. This paper urges the U.S. to develop a "comprehensive national innovation and competitiveness policy", and intervene in economic activity. It urges industry subsidies, more subsidization of university research, more spending on STEM education, tax incentives for corporations to invest in the U.S., and dealing with "the rampant innovation mercantilism practiced by some of our trading partners".

5/2. The Free Press (FP) released a paper regarding Federal Communications Commission's (FCC) regulation of news reporting via conditions imposed in antitrust merger reviews. This paper pertains to Comcast NBCU, and local news and information. It is titled "No News is Bad News: An Analysis of Comcast-NBCU Compliance with FCC Localism Conditions". The author is the FP's Corrie Wright.

4/29. Microsoft release a short piece advocating the use of incentive auctions. It is titled "Incentive Auctions, Smart Radio Technology and Unlicensed Spectrum -- Tools to Meet the Exploding Wireless Broadband Demand". The author is Microsoft's Fred Humphries. Microsoft argues that "Congress must act to grant the FCC incentive auction authority, which will assist the FCC in reclaiming spectrum for wireless broadband". For more on this issue, and pending bills that would give the FCC authority to conduct incentive auctions, see stories titled "NAB Reports That There Is No Spectrum Crisis" and "Rep. Latta Introduces Incentive Auctions Bill" in TLJ Daily E-Mail Alert No. 2,227, April 27, 2011.

4/28. Jacob Lew, Director of the Executive Office of the President's (EOP) Office of Management and Budget (OMB) issued a memorandum to the heads of executive departments and agencies titled "Implementing the Telework Enhancement Act of 2010 IT Purchasing Requirements". See, HR 1722 [LOC | WW] enacted by the 111th Congress. It is now Public Law No. 111-292. See also, stories titled "House Passes Government Telework Bill" and "Congress Inactive on Private Sector Telework Bills" in TLJ Daily E-Mail Alert No. 2,104, July 14, 2010, and story titled "Senate Passes Government Telework Bill" in TLJ Daily E-Mail Alert No. 2,137, October 1, 2010.

4/28. The Securities and Exchange Commission (SEC) filed a civil complaint [22 MB] in the U.S. District Court (NDTex) against David Ronald Allen, Alex Dowlatshahi, Christopher Mills, China Voice Holding Corp., and others alleging violation of federal securities laws in connection with the operation of a Ponzi scheme involving the purported offering of voice over internet protocol (VOIP), broadband internet access, and other services in China. The SEC announced in a release that it obtained a court order freezing assets.

4/27. The Center for Democracy and Technology (CDT) released a paper [7 pages in PDF] that summarizes and praises S 799 [LOC | WW], the "Commercial Privacy Bill of Rights Act of 2011", sponsored by Sen. John Kerry (D-MA) and Sen. John McCain (R-AZ). See also, story titled "Sen. McCain and Sen. Kerry Introduce Privacy Bill" in TLJ Daily E-Mail Alert No. 2,225, April 25, 2011. This paper concludes that this bill "represents a tremendous advancement in the long fight for the enactment of a baseline privacy law. While not perfect, the bill presents an opportunity to develop a strong, comprehensive, and flexible privacy protection framework that consumers and businesses increasingly need in the modern data ecosystem. CDT urges industry and civil society groups to take advantage of this opportunity by constructively engaging with the drafters and the members of the Senate Commerce Committee in refining and improving this bill and advocating toward its eventual passage."

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The House will return from its April recess at 2:00 PM. It will consider non-technology related items. Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule for the week.

The Senate will return from its April recess at 2:00 PM. It will consider the nominations of Roy Dalton (to be a Judge of the U.S. District Court for the Middle District of Florida) and Kevin Sharp (USDC for the Middle District of Tennessee).

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "China is not Simply the Latest Paper Tiger". The speakers will be Robert Atkinson (ITIF), Adam Segal (Council on Foreign Relations) and Bruce Stokes (German Marshall Fund). See, notice andregistration page. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

The U.S. Court of Appeals (FedCir) will consider on the briefs Odom v. Microsoft Corporation, App. Ct. No. 2011-1160. Location: Courtroom 201, 717 Madison Place, NW.

Deadline for the U.S. International Trade Commission (USITC) to release its second report on intellectual property rights (IPR) infringement in the People's Republic of China (PRC). This second report will describe the size and scope of reported IPR violations and provide quantitative analysis of the effect of IPR infringement and indigenous innovation policies in the PRC on the U.S. economy and jobs. See, first report [196 pages in PDF] titled "China: Intellectual Property Infringement, Indigenous Innovation Policies, and Frameworks for Measuring the Effects on the U.S. Economy", released on December 13, 2010. See also, story titled "USITC Releases First Report on IPR Infringement in the PRC" in TLJ Daily E-Mail Alert No. 2,178, December 14, 2010.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its online employment application process for patent examiners. See, notice in the Federal Register, March 1, 2011, Vol. 76, No. 40, at Pages 11206-11208.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding substantive submissions made during prosecution of a trademark application. See, notice in the Federal Register, March 1, 2011, Vol. 76, No. 40, at Pages 11208-11210.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding the payment of filing fees by winning bidders in auctions of construction permits in the broadcast services. The FCC adopted this NPRM on February 28, 2011, and released the text on March 3, 2011. It is FCC 11-21 in GEN Docket No. 86-285. See, notice in the Federal Register, April 1, 2011, Vol. 76, No. 63, at Pages 18137-18138.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding its Agreement Containing Consent Order [9 pages in PDF] with Google regarding Google Buzz. See, notice in the Federal Register, April 5, 2011, Vol. 76, No. 65, at Pages 18762-18765. See also, stories titled "FTC Issues and Settles Complaint Against Google" in TLJ Daily E-Mail Alert No. 2,213, March 31, 2011, and "EPIC Launches Campaign Regarding FTC Settlement with Google on Buzz" in TLJ Daily E-Mail Alert No. 2,218, April 6, 2011.

Deadline to submit comments to the Federal Trade Commission (FTC) in advance of its event on May 11, 2011 titled "Examining Phone Bill Cramming: A Discussion". See, notice and agenda.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It will consider non-technology related items. See, Rep. Cantor's schedule for the week.

9:00 AM - 1:00 PM. The Federal Communications Commission (FCC) will host an event titled "Earthquake Communications Preparedness Forum". The speakers will include Masaru Fujino (Counselor, Embassy of Japan), Craig Fugate (Federal Emergency Management Agency Administrator), and James Barnett (Chief of the FCC's Bureau of Public Safety and Homeland Security). See, FCC release. Location: FCC, Commission Meeting Room.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "FCC Process Reform". The witnesses will be the five members of the Federal Communications Commission (FCC). See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, Science, and Related Agencies will hold a hearing on the FY 2012 budget request for the Office of Science and Technology Policy (OSTP). Location: Room H-309, Capitol Building.

10:00 AM - 12:00 NOON. The House Intelligence Committee (HIC) will hold a closed hearing titled "Consolidated Cryptologic Program FY 20012 Budget Overview". See, notice. Location: Room HVC-304, Capitol Visitor Center.

10:00 AM - 12:00 NOON. The Senate Banking Committee (SBC) will hold a hearing on several pending nominations, including that of David Cohen to be Under Secretary for Terrorism and Financial Crimes at the Department of the Treasury. See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Cybersource Corp. v. Retail Decisions, Inc., App. Ct. No. 2009-1358, an appeal from the U.S. District Court (NDCal) in a business method patent case involving a method and system for detecting fraud in a credit card transaction between a consumer and a merchant over the internet. Location: Courtroom 402, 717 Madison Place, NW.

10:15 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Oversight Hearing on the United States Department of Justice". See, notice. Location: Room 2141, Rayburn Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "White House Transparency, Visitor Logs and Lobbyists". See, notice. The House Oversight and Government Reform Committee is also investigating this issue, and in particular, FCC Chairman Julius Genachowski's frequent White House visits. Location: Room 2322, Rayburn Building.

12:15 - 1:30 PM. The DC Bar Association and the Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "Consumer Privacy -- Is there an App for That?". The speakers will be Jennifer Archie (Latham & Watkins), Angela Giancarlo (Chief of Staff to FCC Commissioner Robert McDowell), Karen Neuman (Roty Neuman & Olsen), Patricia Poss (FTC), Jenell Trigg (Lerman Senter), and Andrea Williams (CTIA). See, DC Bar notice. Free. No CLE credits. The DC Bar has a history of barring reporters from its events. Location: Latham & Watkins, Suite 1000, 555 11th St., NW.

2:00 - 3:00 PM. The Department of Commerce's (DOC) National Advisory Council on Innovation and Entrepreneurship (NACIE) will hold a teleconferenced meeting regarding access to capital. For listening, the call in number is 888-942-9574, and the passcode is 6315042. See, notice in the Federal Register, April 20, 2011, Vol. 76, No. 76, at Page 22078.

3:00 - 4:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Medical Data Innovation: Building the Foundations of a Health Information Economy". The speakers will be Cathy Betz (Wolters Kluwer Pharma Solutions), Marc Rodwin (Suffolk University law school), Ann Waldo (Wittie Letsche & Waldo), and Daniel Castro (ITIF). See, notice and registration page. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding implementation of S 30 [LOC | WW], the "Truth in Caller ID Act. This statute prohibits caller ID spoofing, but only if the purpose is to defraud or cause harm. See, stories titled "Obama Signs Truth in Caller ID Act" in TLJ Daily E-Mail Alert No. 2,187, December 23, 2010, and "House Passes Truth in Caller ID Act" in TLJ Daily E-Mail Alert No. 2,180, December 16, 2010. The FCC adopted and released this NPRM on March 9, 2011. It is FCC 11-41 in WC Docket No. 11-39. See, notice in the Federal Register, March 23, 2011, Vol. 76, No. 56, at Pages 16367-16375.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It will consider non-technology related items. See, Rep. Cantor's schedule for the week.

8:00 AM - 5:00 PM. The Computer and Communications Industry Association (CCIA) will host an event titled "Washington Caucus". The speakers will include Sen. Ron Wyden (D-CA), Rep. Bob Goodlatte (R-VA), Rep. Mike Honda (D-CA), Rep. Anna Eshoo (D-CA), Rep. Doris Matsui (D-CA), Rep. Zoe Lofgren (D-CA), and Rep. Maxine Waters (D-CA). The speakers will also include Larry Strickling (head of the NTIA) and Julie Brill (FTC Commissioner). See, notice. Members can register by contacting mclark at ccianet dot org. Reporters can register by contacting hgreenfield at ccianet dot org. Location: Newseum, 7th floor, 555 Pennsylvania Ave., NW.

8:30 AM - 4:15 PM. The U.S. China Economic and Security Review Commission will host a hearing titled "China's Intellectual Property Rights and Indigenous Innovation Policy". See, notice in the Federal Register, April 25, 2011, Vol. 76, No. 79, at Page 22945. Location: Room 485, Russell Building, Capitol Hill.

9:00 - 10:30 AM. There will be an event titled "Nanotechnology: The Huge Challenge of Regulating Tiny Technologies". See, notice. For more information, contact Lisa Wolfe at 919-316-3596 or lbistreich at rti dot org. Location: Ballroom, National Press Club.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing, and Trade will hold a hearing titled "The Threat of Data Theft to American Consumers". See, notice. Location: Room 2322, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Department of Justice". The witness will be Attorney General Eric Holder. See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing titled "ICANN Generic Top-Level Domains (gTLD) Oversight Hearing". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Financial Services will hold a hearing on the FY 2012 budget requests of the Securities and Exchange Commission (SEC) and the Commodities Futures Trading Commission (CFTC). See, notice. Location: Room 138, Dirksen Building.

POSTPONED. 10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "The U.S. -- China Relationship: Charting a New Course Forward". The witness will be Henry Kissinger. See, notice. Location: Room 215, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will meet to mark up HR 1425 [LOC | WW], the "Creating Jobs Through Small Business Innovation Act of 2011". The HSC will webcast this event. See, notice. Location: Room 2318, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Powertech Technology, Inc. v. Tessera, Inc., App. Ct. No. 2010-1489, a patent case involving semiconductor chip technology. Location: Courtroom 201, 717 Madison Place, NW.

12:15 - 1:30 PM. The DC Bar Association will host a panel discussion titled "Universal Service and Intercarrier Compensation Reform: Addressing the Elephant in the Room". The speakers will be Rebekah Goodheart (FCC), Carol Mattey (FCC), Rick Brecher (Greenberg Traurig), Eric Einhorn (Windstream), Chris Miller (Verizon), Glenn Richards (Pillsbury Winthrop Shaw Pittman). Prices vary. No CLE credits. The DC Bar has a history of barring reporters from its events. See, notice. Location: Pillsbury, 2300 N St., NW.

1:00 PM. The US Telecom will host a webcast presentation titled "The FCC Pole Attachment Order: New Rules and Opportunities". This speakers will be Kevin Rupy (USTelecom) and Robert Primosch (Wilkinson Barker Knauer). This event is free and open to the public. See, notice. See also, the Federal Communications Commission's (FCC) April 7, 2011, Report and Order and Order on Reconsideration [144 pages in PDF]. It is FCC 11-50 in WC Docket No. 07-245 and GN Docket No. 09-51.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of William Kuntz (to be a Judge of the U.S. District Court or the Eastern District of New York), John Ross (USDC/EDMo), Timothy Cain (USDC/DSCar), Nannette Brown (USDC/EDLa), and Nancy Torresen (USDC/DMaine). See, notice. The SJC will webcast this hearing. Location: Room 226, Dirksen Building.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding the Universal Service Fund (USF) Mobility Fund and tribal issues. The FCC released this PN on April 18, 2011. It is DA 11-702 in WT Docket No. 10-208. See, notice in the Federal Register, April 21, 2011, Vol. 76, No. 77, at Pages 22340-22342.

The House will meet at 9:00 AM for legislative business. It will consider non-technology related items. See, Rep. Cantor's schedule for the week.

9:00 AM - 5:00 PM. The Federal Communications Commission's (FCC) Video Programming and Accessibility Advisory Committee will meet. See, notice in the Federal Register, April 7, 2011, Vol. 76, No. 67, at Pages 19356-19357. Location: FCC, 445 12th St., SW.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing titled "Ensuring Competition on the Internet: Net Neutrality and Antitrust". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nominations of Virginia Seitz to be Assistant Attorney General in charge of the Department of Justice's (DOJ) Office of Legal Counsel, and Bernice Donald to be a Judge of the U.S. Court of Appeals (6thCir). The agenda also again includes consideration of S 623 [LOC | WW], the "Sunshine in Litigation Act". The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee's (SHSGAC) Subcommittee on Disaster Recovery and Intergovernmental Affairs will hold a hearing titled "Understanding the Power of Social Media as a Communications Tool in the Aftermath of Disasters". See, notice. Location: Room 349, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Spread Spectrum Screening LLC v. Eastman Kodak Company, App. Ct. No. 2011-1019, an appeal from the U.S. District Court (WDNY) in a patent infringement case involving printing technology. Location: Courtroom 402, 717 Madison Place, NW.

10:00 - 11:30 AM. The Brookings Institution will host a panel discussion titled "Bridging the Digital Divide: Spectrum Policy, Program Diversity and Consumer Rights". The speakers will be Darrell West (Brookings), Matthew Hussey (office of Sen. Olympia Snowe (R-ME)), Uzoma Unyeije, and Christopher Ornelas (National Association of Broadcasters). See, notice. Location: Brookings, 1775 Massachusetts Ave., NW.

1:00 - 5:00 PM. The Federal Communications Bar Association's (FCBA) Mass Media Committee will host an event titled "Focus on the First Amendment". CLE credits. The price to attend ranges from $50 to $350. The deadline to register is 12:00 NOON on May 3. Location: Newseum, 555 Pennsylvania Ave., NW.

Deadline to submit comments to the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB) in response to its Public Notice (PN) [13 pages in PDF] requesting comment on draft rules and interim procedures regarding the environmental effects of proposed communications towers on migratory birds. This PN is DA 11-558 in WT Docket Nos. 08-61 and 03-187. The FCC released it on March 25, 2011. See, notice in the Federal Register, April 5, 2011, Vol. 76, No. 65, at Pages 18679-18684.

Deadline for the Federal Communications Commission (FCC) to respond to the April 20, 2011, letter [PDF] from the House Commerce Committee (HCC) regarding the public safety equipment and device market. See, story titled "Representatives Write FCC Re Motorola Dominance in Public Safety Market" in TLJ Daily E-Mail Alert No. 2,226, April 26, 2011.

The House will not meet. See, Rep. Cantor's schedule for the week.

8:30 AM - 5:00 PM. The National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering will meet. See, notice in the Federal Register, April 11, 2011, Vol. 76, No. 69, at Pages 20051-20052. Location: 4201 Wilson Blvd., Room 1235, Arlington, VA.

9:30 - 10:30 AM. The Washington International Trade Association (WITA) will host a panel discussion titled "Trade 101: Free Trade Agreements". The speakers will be from the Congressional Research Service: Bill Cooper (speaking on the Korea FTA), Angeles Villareal (Colombia FTA), and Jeff Hornbeck (Panama FTA). See, notice. Breakfast will be served. Location: Room B-354, Rayburn Building.

10:30 AM - 4:30 PM. The Federal Communications Commission's (FCC) Emergency Access Advisory Committee (EAAC) will hold a meeting regarding access to 911 emergency services by individuals with disabilities. See, April 13, 2011, Public Notice and notice in the Federal Register, April 20, 2011, Vol. 76, No. 76, at Pages 22102-22103. Location: FCC, 1st Floor, 1-South Conference Room, 445 12th St., SW.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will host a panel discussion titled "The FCC’s Revised Ex Parte and Procedural Rules". The speakers will be Austin Schlick (FCC General Counsel), Julie Veach (FCC Deputy General Counsel), Bill Cline (FCC's Consumer & Governmental Affairs Bureau), David Solomon (Wilkinson Barker Knauer), and Howard Weiss (Fletcher Heald & Hildreth). Location: FCC, Commission Meeting Room.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice of proposed rulemaking (NPRM) regarding revising the patent term adjustment and extension provisions of the rules of practice in patent cases. See, notice in the Federal Register, April 6, 2011, Vol. 76, No. 66, at Pages 18990-18995.

Deadline to submit written comments pertaining to, and deadline to submit requests to attend, the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Office of Law Enforcement Standards (OLES) and the Department of Homeland Security's (DHS) Office for Interoperability and Compatibility (OIC) May 13, 2011, meeting regarding testing for conformity with interoperability standards for public safety communications. This meeting pertains to Project 25 (P25). These agencies state that "An initial goal of P25 is to specify formal standards for interfaces between the components of a land mobile radio (LMR) system. LMR systems are commonly used by emergency responders in portable handheld and mobile vehicle-mounted devices. Although formal standards are being developed, no process is currently in place to confirm that LMR equipment advertised as P25-compliant meets all aspects of P25 standards." See, notice in the Federal Register, April 29, 2011, Vol. 76, No. 83, at Pages 23992-23993.

10:00 AM - 12:00 NOON. The Copyright Clearance Center (CCC) will host a panel discussion titled "Copyright & Commerce: Guarantees or Promises?". The speakers will include Marybeth Peters, Jon Baumgarten (Proskauer Rose), and Katharine Weymouth (Publisher of the Washington Post). See, notice. Location: Newseum, Knight Studio, 555 Pennsylvania Ave., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch for planning and elections. For more information contact Micah Caldwell at mcaldwell at eapdlaw dot com or Mark Brennan at mark dot brennan at hoganlovells dot com. Location: Hogan Lovells, 555 13th St., NW.

Deadline for Apple and other companies to respond to the April 25, 2011, letter [PDF] from Rep. Fred Upton (R-MI) and other House Commerce Committee (HCC) members regarding location data collection by cell phones and tablets. See also, letter to Google, letter to Microsoft, letter to Nokia, letter to Research in Motion, and letter to Hewlett Packard (HP). And see, story titled "House Republicans Write Apple and Others Re Cell Phone and Tablet Location Data Collection" in TLJ Daily E-Mail Alert No. 2,225, April 25, 2011.