5/31. The Department of Homeland Security (DHS) announced in a release that "Hurricane season begins June 1 and extends through November 30." Members of the House of Representatives used the occasion to discuss over the air broadcasting.

Rep. David Scott (D-GA), stated in the House that "A broadcaster's commitment to public service is never more apparent than during a time of crisis. During an emergency, no other service can match the ability of broadcasters to deliver the comprehensive, up-to-date warnings and information affected by citizens." He added that "we have got to make sure that local stations of television and radio have the necessary tools to continue to communicate with people and to communicate with each other in these times of crisis." See, Congressional Record, May 31, 2012, at Page H3271.

Rep. Ted Poe (R-TX) stated in the House that "When Katrina, Rita, Humberto, Gustav, and Ike struck with all their fury, people were left in the dark with no Internet or cell service, but local TV and radio reporters were still on the air telling folks what they needed to know." See, Congressional Record, May 31, 2012, at Page H3278.

Rep. Todd Young (R-IN) and Rep. Joe Wilson (R-SC), and Rep. Billy Long (R-MO) gave similar speeches in which they praised broadcasters. (All at Page 3278.)

Rep. Gus Bilirakis (R-FL) added praise for wireless service providers. He stated that "Broadcasters and wireless providers work to ensure communication systems are up and running to provide vital information during an emergency". (At Page 3279.)

Radio Tuners. Some members went a step further and advocated the inclusion of radio tuners in phones. Rep. Carolyn McCarthy (D-NY), who spoke in the House on May 31, both praised broadcasters, and radio tuner policy.

She stated in the House that "I have constantly supported efforts for both the Department of Homeland Security and the Federal Communications Commission to explore the potential benefits of including radio tuners in mobile telephones. Since technology would ensure that folks have an outlet to receive critical information in times of need, I encourage this Congress to act swiftly to consider any and all opportunities that would facilitate communication during emergencies." (At Page H3281.)

Rep. Andre Carson (D-IN) did not speak in the House, but submitted a prepared statement, which was published in the Congressional Record on June 1. He wrote that "Increasingly, the American people have access to mobile phones. By equipping these devices to receive FM radio signals, millions of Americans could depend on their mobile phones to provide critical information in advance of a weather emergency." See, Congressional Record, June 1, 2012, at Page E954.

He continued that "As a former official with the Department of Homeland Security, I know first-hand how cell phone networks can become overloaded and inoperable during an emergency. By adopting this technology, broadcasters can provide timely information to mobile phones -- enabling the American people to take shelter in advance of a weather emergency."

Rep. Carson wrote, "I call upon my colleagues in Congress, the Federal Emergency Management Agency, the Federal Communications Commission and the mobile phone industry to work together to expand the reach of local broadcasters in providing critical information during a weather emergency."

Phones with radio tuner have long been available. However, there is no mandate that phones include radio tuners.

June 6 Hearing. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology (SCT) will hold a hearing titled "The Future of Audio" on Wednesday, June 6. The hearing will cover many issues. One will be radio tuners in phones.

The HCC's hearing memorandum [4 pages in PDF] states that "A number of broadcasters seek a mandate requiring consumer electronics manufacturers and wireless providers to include an FM receiver in cell phones. They argue that requiring an FM chip in cell phones is necessary to preserve free, over-the-air radio. They also argue that the mandate is justified because over-the-air radio provides critical information in times of emergencies.

This memorandum adds that "Manufacturers and wireless providers oppose the mandate on the grounds that it will increase costs and that requiring an FM chip in wireless devices would duplicate the emergency alert program the wireless industry is deploying as a result of the WARN Act."

There is also opposition within the House and the HCC/SCT. See for example, story titled "Issa and Eshoo Oppose Radio Tuners Mandate" in TLJ Daily E-Mail Alert No. 2,230 May 2, 2011.

The HCC memorandum also states that opponents "argue that features of phones should be determined by consumer demand and say that more than 40 wireless device models already have an FM chip."

See, list of such phones in the web site of the National Association of Broadcasters (NAB).

The hearing witnesses will be Ben Allison (on behalf of the National Academy of Recording Arts and Sciences), David Israelite (National Music Publishers' Association), Cary Sherman (Recording Industry Association of America), Jeff Smulyan (Emmis Communications), Steven Newberry (Commonwealth Broadcasting Corp.), Tim Westergren (Pandora), Christopher McCabe (CTIA), and Gary Shapiro (Consumer Electronics Association).

5/31. Microsoft announced that its forthcoming operating system and browser, Windows 8, will incorporate do not track by default.

Microsoft's Chief Privacy Officer, Brendan Lynch, wrote in a short piece titled "Advancing Consumer Trust and Privacy: Internet Explorer in Windows 8" that "Internet Explorer 10 in Windows 8 will have ``Do Not Track´´ (DNT) on by default", and that this "will be the first browser to have DNT on by default."

Windows 8, the next series of versions of Microsoft's operating system, is at the "Release Preview" stage. Microsoft released to the public its "Windows 8 Release Preview" on May 31, 2012. Although, leaked copies had been available online several days before.

However, enabling web users to avoid tracking of the web sites that they visit will also require implementation by the operators of those web sites. Lynch wrote that "Sending a DNT signal from a browser is only part of the process. Obviously, for DNT to be effective, it is also important that websites have a common understanding of what the consumer expects when their browser sends the DNT signal."

He continued that "At the moment there is not yet an agreed definition of how to respond to a DNT signal, and we know that a uniform, industry-wide response will be the best way to provide a consistent consumer experience across the Web. We also know from experiences -- such as the P3P standard recommended by the World Wide Web Consortium (W3C) -- that initiatives to advance privacy are much less effective if other industry leaders don't join in adopting the approach."

Lynch also stated that Microsoft is committed to using its "positions on the relevant industry, government and standards bodies to push for a clear action for advertising networks to respect a browser DNT signal and opt users out of behavioral advertising."

Also, "Microsoft Advertising intends to treat the do-not-track browser signal as an opt-out of behavioral advertising under the Digital Advertising Alliance’s self-regulatory program. Microsoft does not yet respond to the DNT signal, but we are actively working with other advertising industry leaders on what an implementation plan for DNT might look like, with a goal of announcing more details about our plans in the coming months."

6/4. The Computer & Communications Industry Association (CCIA) announced the launch of a "Disruptive Competition Project" or "DisCo".

The CCIA's Dan O'Connor stated in a release that "DisCo will push back against interests that aim to curtail change and will champion those seeking to disrupt the status quo, whether they be small startups or large enterprises. We want to make sure that tech companies are always free to move fast, to challenge contemporary business models and to provide consumers with cool new products and services. We want to make sure governments and bureaucrats don't get in their way."

Ed Black, head of the CCIA, stated that "we hope to bring more of the Silicon Valley ethos to deliberations in D.C. and other policy centers".

The CCIA identified several policy goals of the DisCo: "robust competition", "balanced intellectual property policy", "privacy policies that encourage transparency and choice", and "the free flow of information worldwide". It also referenced the "SOPA/PIPA battle".

The CCIA did not elaborate upon the economic theory of disruptive competition. However, Clayton Christensen used the term "disruptive" in the context of technological innovation and competition among tech companies in his landmark 1997 book [Amazon] titled "The Innovator's Dilemma: When New Technologies Cause Great Firms to Fail".

The related concept of creative destruction derives in part from Joseph Schumpeter's 1942 book [Amazon] titled "Capitalism, Socialism and Democracy".

It might also be noted that one of the very few, perhaps the only, useful contribution of Karl Marx to economic theory was his observation that in free market economies, incumbent modes of production are periodically destroyed and replaced by new ones that are based upon newer technologies. In Chapter 1 of the Communist Manifesto, he states that under "free competition", "a great part not only of the existing products, but also of the previously created productive forces, are periodically destroyed".

Currently, a significant part of the legislative and regulatory activity in Washington DC of large incumbent ICT companies is directed at obtaining statutory and regulatory relief that inhibits the ability of new market entrants to deploy disruptive technologies that might threaten the established revenue streams of these incumbents. Moreover, the Washington arms of these incumbents are usually better funded and organized than those of these new entrants; consequently, the incumbents are often adept at rent seeking inhibition of disruptive competition, both in the Congress, and before sectoral regulators, such as the FCC.

6/4. The Department of the Interior (DOI) published a notice in the Federal Register requesting nominations to serve on the National Geospatial Advisory Committee (NGAC). The deadline to submit nominations is July 19, 2012. See, FR, Vol. 77, No. 107, Monday, June 4, 2012, at Pages 32978-32979.

5/22. Google completed its acquisition of Motorola Mobility. Larry Page, CEO of Google, stated in a release that Sanjay Jha, "who was responsible for building the company and placing that big bet on Android, has stepped down as CEO", and that Google's Dennis Woodside has replaced him. See also, stories titled "DOJ Closes Investigations of Transactions Involving Communications Patents", "EC Approves Google Acquisition of Motorola Mobility", and "EC's Almunia Addresses Patents and Communications Standards" in TLJ Daily E-Mail Alert No. 2,335, February 13, 2012, and story titled "Google to Acquire Motorola Mobility" in TLJ Daily E-Mail Alert No. 2,290, August 15, 2011.

5/30. AT&T announced in a release that "it has reached a tentative agreement with the International Brotherhood of Electrical Workers on a one-year contract extension covering nearly 7,000 core wireline employees".

5/29. Hewlett Packard (HP) announced in a release that its "has amicably resolved patent litigation" pending in the Brazilian State Court of São Paulo against Multilaser Industrial Ltda. regarding HP's integrated printhead inkjet cartridges. HP stated that "As part of the settlement, Multilaser acknowledges that HP’s patents are valid and were infringed upon. Multilaser has agreed to stop selling the cartridges in question in Brazil and in other countries where HP has corresponding patent rights. Multilaser also will reimburse part of the litigation costs to HP."

5/20. Yahoo and Alibaba Group Holding Limited announced in a release that "they have entered into a definitive agreement for a staged and comprehensive value realization plan for Yahoo!'s stake in Alibaba".

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

The Senate will meet at 2:00 PM. It will consider the nomination of Timothy Hillman to be a Judge of the U.S. District Court (DMass).

9:00 AM. The Copyright Office (CO) will continue its hearing regarding its triennial review of exemptions to the anticircumvention provisions of 17 U.S.C. § 1201. The deadline to submit requests to testify is 5:00 PM EDT on April 2, 2012. See, story titled "Copyright Office Schedules Hearings on Proposed Anticircumvention Exemptions" in TLJ Daily E-Mail Alert No. 2,351, March 20, 2012. Location: CO, Copyright Hearing Room, LM-408, James Madison Building, Library of Congress, 101 Independence Ave., SE.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "February Antitrust Update for In-House Counsel". The speakers will be from the law firm of Latham & Watkins. No CLE credits. Register by contacting dorothy at dorothyraymond dot com. See, notice.

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. The House will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule for the week.

9:00 AM. The Copyright Office (CO) will continue its hearing regarding its triennial review of exemptions to the anticircumvention provisions of 17 U.S.C. § 1201. The deadline to submit requests to testify is 5:00 PM EDT on April 2, 2012. See, story titled "Copyright Office Schedules Hearings on Proposed Anticircumvention Exemptions" in TLJ Daily E-Mail Alert No. 2,351, March 20, 2012. Location: CO, Copyright Hearing Room, LM-408, James Madison Building, Library of Congress, 101 Independence Ave., SE.

9:30 - 11:00 AM. The DC Bar Association will host a presentation titled "What You Need to Know About the New Patent Laws under the AIA". The price to attend is $15. Reporters are barred from attending most DC Bar events. No CLE credits. See, notice. For more information, call 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

12:00 NOON - 2:00 PM. The Internet Caucus will host an event titled "What Role Should the UN Have in Governing the Internet? A Briefing on the UN's Internet Governance Initiative". The speakers will include Fiona Alexander (Associate Administrator of the NTIA), Richard Beaird (Department of State), David Gross (Wiley Rein), Commissioner Robert McDowell (FCC), and Sally Wentworth (Internet Society). Free. Open to the public. Register by contacting rsvp at netcaucus dot org or 202-407-8829. Lunch will be served. Location: Room B-369, Rayburn Building.

1:00 - 2:00 PM. American Bar Association's (ABA) Section of Antitrust Law will host a webcast and teleconferenced panel discussion titled "Privacy and Information Security Update". The speakers will be Aryeh Friedman (Dun & Bradstreet), Lisa Sotto (Hunton & Williams) and Aaron Simpson (Hunton & Williams). For more information, and to register, contact Jeanne Welch at jawelch at vorys dot com. See, notice.

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

Day one of a three day conference hosted by the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) titled "Cloud Computing Forum & Workshop V". See, notice in the Federal Register, Vol. 77, No. 87, Friday, May 4, 2012, at Page 26509. Location: DOC, Hoover Building, Room __, 401 Constitution Ave., NW.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule for the week.

8:00 AM - 2:30 PM. Day one of a two day event titled "Health Privacy Summit". See, notice. Location: Georgetown Law Center, 600 New Jersey Ave., NW.

Day two of a three day conference hosted by the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) titled "Cloud Computing Forum & Workshop V". See, notice in the Federal Register, Vol. 77, No. 87, Friday, May 4, 2012, at Page 26509. Location: DOC, Hoover Building, Room __, 401 Constitution Ave., NW.

9:00 AM. The Copyright Office (CO) will conclude its hearing regarding its triennial review of exemptions to the anticircumvention provisions of 17 U.S.C. § 1201. The deadline to submit requests to testify is 5:00 PM EDT on April 2, 2012. See, story titled "Copyright Office Schedules Hearings on Proposed Anticircumvention Exemptions" in TLJ Daily E-Mail Alert No. 2,351, March 20, 2012. Location: CO, Copyright Hearing Room, LM-408, James Madison Building, Library of Congress, 101 Independence Ave., SE.

9:00 AM - 5:00 PM. Day one of a two day conference hosted by the National Institute of Standards and Technology (NIST) and the Department of Health and Human Services (DHHS) titled "Safeguarding Health Information: Building Assurance through HIPAA Security". See, notice. The price to attend is $395. Location: Ronald Reagan Building and International Trade Center.

ROOM CHANGE. 10:15 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "The Future of Audio". See, notice. Location: Room 2123, Rayburn Building.

11:00 AM. The House Judiciary Committee (HJC) will meet to mark up numerous bills. The third item on the agenda is HR 4377 [LOC | WW], the "Responsibly And Professionally Invigorating Development Act of 2012", or "RAPID Act". See, notice. Location: Room 2141, Rayburn Building.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a discussion of the book [Amazon] titled "Time to Start Thinking". The speakers will be the author, Ed Luce, and Robert Atkinson (head of the ITIF). See, notice. Free. Open to the public. Location: ITIF/ITIC, Suite 610, 1101 K St., NW.

1:30 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Asian and the Pacific will hold a hearing titled "What's Next for the U.S.-Korea Alliance?". See, notice. Location: Room 2172, Rayburn Building.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Lorna Schofield (to be a Judge of the U.S. District Court for the Southern District of New York), Terrence Berg (USDC/EDMich), and Jesus Bernal (USDC/CDCal). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Committee will host a program titled "The Road Ahead for Spectrum". Registrations and cancellations are due by 12:00 NOON on June 5. The price to attend ranges from $25 to $125. Location: Wiley Rein, 1776 K St., NW.

6:00 - 8:30 PM. The Phoenix Center for Advanced Legal & Economic Public Policy Studies will host a speech by Rep. Lee Terry (R-NE), Vice Chairman of the House Commerce Committee's (HCC) Subcommittee on Communications and Technology, and a panel discussion titled "Communications Act and FCC Reform". The speakers will be Neil Fried (HCC's Chief Communications and Technology Counsel), David Gross (Wiley Rein), Robert Quinn (AT&T), and Howard Symons (Mintz Levin). RSVP to 202-274-0235 or roundtable at phoenix-center dot org. Location: University Club, Roof, 1135 16th St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its its draft NIST IR-7848 [38 pages in PDF] titled "Specification for the Asset Summary Reporting Format 1.0".

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule for the week.

8:00 AM - 2:30 PM. Day two of a two day event titled "Health Privacy Summit". See, notice. Location: Georgetown Law Center, 600 New Jersey Ave., NW.

Day three of a three day conference hosted by the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) titled "Cloud Computing Forum & Workshop V". See, notice in the Federal Register, Vol. 77, No. 87, Friday, May 4, 2012, at Page 26509. Location: DOC, Hoover Building, Room __, 401 Constitution Ave., NW.

9:00 AM - 4:30 PM. Day two of a two day conference hosted by the National Institute of Standards and Technology (NIST) and the Department of Health and Human Services (DHHS) titled "Safeguarding Health Information: Building Assurance through HIPAA Security". See, notice. The price to attend is $395. Location: Ronald Reagan Building and International Trade Center.

9:30 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Oversight of the United States Department of Justice". See, notice. Location: Room 2141, Rayburn Building.

9:30 AM - 2:00 PM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. Location: FCC, 445 12th St., SW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of five judicial nominees: Robert Bacharach (to be a Judge of the U.S. Court of Appeals for the 10th Circuit), Paul Grimm (U.S. District Court for the District of Maryland), John Dowdell (USDC/NDOkla), Mark Walker (USDC/NDFl), and Brian Davis (USDC/MDFl). See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol Visitor Center.

11:00 AM - 12:30 PM. American Bar Association's (ABA) Section of Intellectual Property Law will host a webcast and teleconferenced panel discussion titled "International Patent Litigation: A Compare and Contrast of Patent Litigation in Different Countries". The speakers will be Koen Bijvank (Vereenigde), David Hill (Finnegan Henderson), Steve Schad (ESCO Corporation), and Stephanie Roberts (Banner & Witcoff). The price ranges from $75 to $195. See, notice.

12:00 NOON - 1:30 PM. American Bar Association's (ABA) Section of International Law will host a webcast and teleconferenced panel discussion titled "HIPAA and HITECH Act Fundamentals: What You Need to Know Now About the Privacy and Security Rules". The speakers will be Eddie Williams (Holland & Knight), Elaine Zacharakis (Zacharakis Loumbas Law), and Clay Countryman (Breazeale Sachse & Wilson). The price ranges from $95 to $195. CLE credits. See, notice.

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

Day one of a two day event hosted by the American Intellectual Property Law Association (AIPLA) titled "Legal Secretaries & Administrators Conference". For more information, contact aipla at aipla dot org or call 703-415-0780. Location: USPTO, Alexandria, VA.

The House will meet at 9:00 AM for legislative business. See, Rep. Cantor's schedule for the week.

9:30 AM. The House Ways and Means Committee's (HWMC) Subcommittee on Select Revenue Measures will hold a hearing on expiring tax provisions, including the research and development (R&D) tax credit. It is codified at 21 U.S.C. § 41, but expired on December 31, 2011. It was last extended at the end of 2010. See, story titled "Tax Bill Enacted With R&D Tax Credit Extension" in TLJ Daily E-Mail Alert No. 2,182, December 18, 2010. See, notice. Location: Room 1100, Longworth Building.

Day two of a two day event hosted by the American Intellectual Property Law Association (AIPLA) titled "Legal Secretaries & Administrators Conference". For more information, contact aipla at aipla dot org or call 703-415-0780. Location: USPTO, Alexandria, VA.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its Patents External Quality Survey. See, notice in the Federal Register, Vol. 77, No. 68, Monday, April 9, 2012, at Pages 21086-21087.

The National Science Foundation (NSF) National Coordination Office (NCO) for Networking and Information Technology Research and Development (NITRD) will host an event titled "National Symposium on Moving Target Research". The purpose of this symposium is to examine whether there is scientific evidence to show that moving target techniques are a substantial improvement in the defense of cyber systems. See, notice in the Federal Register, Vol. 77, No. 45, Wednesday, March 7, 2012, at Page 13656. Location: Historic Inns of Annapolis, Annapolis, MD.

Deadline to submit to the Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology (ONCHIT) nominations to its Health Information Technology Standards Committee (HITSC) and Health Information Technology Policy Committee (HITPC). See, notice in the Federal Register, Vol. 77, No. 106, Friday, June 1, 2012, at Pages 32639-32640.