9/11. The House passed HR 6131 [LOC | WW], a bill to extend the SAFE WEB Act, by voice vote, after little debate. See, House Commerce Committee (HCC) release. See also, Rep. Mary Mack's (R-CA) floor statement [3:36 minutes in YouTube].

The HCC approved this bill on August 1. The Senate Commerce Committee (SCC) approved S 3410 [LOC | WW], a substantially identical bill, on July 31, 2012. See, story titled "House and Senate Commerce Committees Pass Bills to Extend SAFE WEB Act" in TLJ Daily E-Mail Alert No. 2,418, August 2, 2012.

The Congress enacted the original SAFE WEB Act in late 2006, with a seven year sunset. HR 6131 and S 3410 would extend the sunset until September 20, 2020. These bills are short simple extensions. These bills have attracted no opposition inside or outside the Congress.

However, the SAFE WEB Act conferred some broad powers on the Federal Trade Commission (FTC). For example, the Act gave the FTC power to compel third party service providers to disclose the contents of stored wire and electronic communications, without notice to the owner of the communications, and with a gag order imposed upon the service provider. It also gives the FTC broad authority to share information with other nations. Moreover, the title of the Act is deceptive. The Act expanded the powers of the FTC across a wide range of investigations and actions, and not just those that affect the web.

Rep. Mack stated in the House that the Act "has been extremely effective". She said that it has allowed the FTC "to better protect U.S. consumers from fraud, deception, spam, and spyware in cross-border cases involving threats originating domestically and abroad".

9/11. The House passed HR 6215 [LOC | WW], a technical corrections bill regarding remedies for trademark dilution, voice vote.

This bill is neither controversial, nor explainable in under two thousand words.

This bill would amend 15 U.S.C. § 1125(c)(6). Basically, when the 109th Congress passed HR 683, the "Trademark Dilution Revision Act of 2006", or "TDRA", it contained an inadvertent error. The HJC reported this bill, and then the House passed it. However, when the SJC took up the bill it reformatted paragraphs in a manner that did not change the words of the bill, but did inadvertently change the meaning of one provision. No one caught this at the time. The Senate passed this version, and the House then passed it too. HR 6215 would correct this error.

See, story titled "Rep. Smith Introduces Bill to Tweak Trademark Dilution Statute" in TLJ Daily E-Mail Alert No. 2,414, July 28, 2012, and story titled "House Judiciary Committee Passes Technical Amendment to Trademark Dilution Statute" in TLJ Daily E-Mail Alert No. 2,422, August 6, 2012.

9/10. The House Rules Committee (HRC) adopted a rule for consideration of HR 5949 [ LOC | WW], the "FISA Amendments Act Reauthorization Act of 2012". This rule does not make in order any amendments. The House is scheduled to consider this bill on Wednesday, September 12, 2012.

House Democrats submitted three amendments to the HRC. First, there was an amendment offered by Rep. John Conyers (D-MI) and others that would shorten the extension. Second, there was an amendment offered by Rep. Jerrold Nadler (D-NY) and Rep. Jan Schakowsky (D-IL) that would require the Attorney General to publish an unclassified summary of each FISA body opinion that includes a significant construction or interpretation of Section 702. Third, there was an amendment offered by Rep. Bobby Scott (D-VA) that would expand Congressional reporting requirements.

All three of these proposals were considered and debated, but rejected, when the House Judiciary Committee (HJC) approved this bill in June. See, See, story titled "House Judiciary Committee Approves FISA Bill" in TLJ Daily E-Mail Alert No. 2,399, June 19, 2012.

The HJC mark up revealed that Republicans tend to support the bill as reported by the HJC, while Democrats oppose it, or seek to amend it. However, there is some Democratic support for the bill, as well as some Republican skepticism, particularly from members with a libertarian streak of distrust of unchecked governmental authority.

This bill would extend for five years government authority to conduct surveillance related to persons "outside" the US, without individualized court approval. Surveillance of persons "outside of the United States" is a term of art that also enables surveillance of persons inside of the US who fall within the protection of the 4th Amendment.

This warrantless "outside" of the US surveillance authority was enacted as part of HR 6304 [LOC | WW], the "Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008". It is Public Law No. 110-261. The 2008 Act provides that this "outside" of the US authority sunsets on December 31, 2012.

HR 5949 and the Senate version, S 3276 [LOC | WW], would extend the sunset for five years, to December 31, 2017. In contrast, Rep. Conyers' amendment would have extended the Act through June 1, 2015.

The Nadler Schakowsky amendment provided that "Not later than 180 days after the date of the enactment of this Act, the Attorney General shall make publicly available an unclassified summary of each decision, order, or opinion of the Foreign Intelligence Surveillance Court or Foreign Intelligence Surveillance Court of Review that -- (1) includes a significant construction or interpretation of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a); and (2) has been submitted to Congress under section 601(c) of such Act (50 U.S.C. 1871(c))."

Section 702 of the FISA, which is codified at 50 U.S.C. § 1881a, contains the "outside" the US surveillance authority.

This section allows federal surveillance, without individualized court approval, under the FISA, of people believed to be outside of the US. More specifically, it pertains to "the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information".

However, US citizens are located abroad, persons abroad communicate with persons inside the US, and those conducting surveillance often do not know the location of the persons they are attempting to surveil. Hence, this provision enables the government to conduct warrantless wiretaps and other surveillance of US citizens located in the US when communicating with persons whom the government believes are abroad.

Finally, Rep. Scott's amendment, which he also offered at the HJC mark up, would expand reporting requirements. The 2008 Act provides that the "Attorney General and Director of National Intelligence shall assess compliance with the targeting and minimization procedures" and provide an assessment to the Foreign Intelligence Surveillance Court and the Intelligence and Judiciary Committees. See, 50 U.S.C. § 1881a, at subsection l. Rep. Scott's amendment would require that these assessments be "in unclassified form, but may include a classified annex".

For more details, see stories titled "Senate Considers Bill To Extend FISA Outside the US Warrantless Wiretap Authority", "House Judiciary Committee Takes Up Bill To Extend FISA Outside the US Warrantless Wiretap Authority", and "Commentary: Warrantless Wiretaps and Senate Secrecy" in TLJ Daily E-Mail Alert No. 2,396, June 14, 2012.

9/10. The Executive Office of the President (EOP) released a statement regarding HR 5949 [LOC | WW], the "FISA Amendments Act Reauthorization Act of 2012". It states that "The Administration strongly supports H.R. 5949."

This statement asserts that "Title VII of FISA allows the Intelligence Community to collect vital foreign intelligence information about international terrorists and other important targets overseas, while providing protection for the civil liberties and privacy of Americans."

It adds that "Intelligence collection under Title VII has produced and continues to produce significant information that is vital to defend the Nation against international terrorism and other threats. The Administration looks forward to working with the Congress to ensure the continued availability of this critical intelligence capability."

President Obama's policies regarding phone and internet surveillance are substantially indistinguishable from those of former President Bush.

9/6. The Democratic National Committee (DNC) released a document [32 pages in PDF] titled "2012 Democratic National Platform". It contains statements about cyber security, internet freedom, the TPPA, STEM education and immigration, the R&D tax credit, spectrum policy, and intellectual property.

See also, story titled "Republican Platform Addresses Tech Related Issues" in TLJ Daily E-Mail Alert No. 2,440, September 4, 2012.

Cyber Security. The platform contains a description of cyber threats. It then states that "The President and the administration have taken unprecedented steps to defend America from cyber attacks, including creating the first military command dedicated to cybersecurity and conducting a full review of the federal government’s efforts to protect our information and our infrastructure."

"We will continue to take steps to deter, prevent, detect, and defend against cyber intrusions by investing in cutting-edge research and development, promoting cybersecurity awareness and digital literacy, and strengthening private sector and international partnerships."

It also states that "President Obama has supported comprehensive cybersecurity legislation that would help business and government protect against risks of cyber attacks while also safeguarding the privacy rights of our citizens."

This is a reference to Sen. Joe Lieberman's (D-CT) S 3414 [LOC | WW], the "Cybersecurity Act of 2012". The bill has stalled in the Senate, and the House, which has already passed its own cyber security bill, will not now take up S 3414.

See, story titled "Senate Rejects Cloture on Sen. Lieberman's Cyber Security Bill" in TLJ Daily E-Mail Alert No. 2,419, August 3, 2012, and stories titled "Senate May Take Up Lieberman Collins Cyber Security Bill", "Summary of S 3414", "Sen. McCain Criticizes S 3414", "Obama Calls for Cyber Security Standards Bill", and "Reaction to S 3414" in TLJ Daily E-Mail Alert No. 2,415, July 30, 2012.

The Democratic platform adds, "going forward, the President will continue to take executive action to strengthen and update our cyber defenses."

This suggests that President Obama may attempt to impose elements of the regulatory regime embodied in S 3414 by executive order.

Internet Freedom. The platform states that "The Obama administration has led the world to recognize and defend Internet freedom – the freedom of expression, assembly, and association online for people everywhere – through coalitions of countries and by empowering individuals with innovative technologies. The administration has built partnerships to support an Internet that is secure and reliable and that is respectful of U.S. intellectual property, free flow of information, and privacy. To preserve the Internet as a platform for commerce, debate, learning, and innovation in the 21st century, we successfully negotiated international Internet policymaking principles, support the current multi-stakeholder approach to Internet governance, and oppose the extension of intergovernmental controls over the Internet."

"President Obama is strongly committed to protecting an open Internet that fosters investment, innovation, creativity, consumer choice, and free speech, unfettered by censorship or undue violations of privacy."

This platform provides no specific examples. It does not reference the FCC's BIAS rules. It does not reference the International Telecommunications Union's (ITU) upcoming "World Conference on International Telecommunications" or "WCIT", in Dubai, United Arab Emirates, in December. Nor does it reference intellectual property bills such as SOPA and PIPA.

However, Rep. Jared Polis (D-CO) stated in a release that "The inclusion of an Internet freedom plank in the Democratic Party platform is the result of ... the leadership of a small group of remarkable colleagues in Congress who have never stopped fighting to prevent the passage of harmful legislation like SOPA and PIPA and other assaults on Internet freedom."

Trade Agreements. The Democratic platform says nothing about the Obama administration's failure to negotiate, or even initiate negotiations for, any bilateral free trade agreements (FTAs). Nor does it advocate negotiating any bilateral FTAs in the future.

It does reference the ongoing negotiation of the multilateral Trans-Pacific Partnership Agreement (TPPA). It states that the TPPA is a "high-standard agreement that will address new and emerging trade issues, lower barriers to the free flow of trade and investment, increase exports, and create more American jobs." However, the platform says nothing about the key intellectual property provisions of this agreement.

STEM Education and Immigration. The platform advocates more spending on "science to educate the next generation of scientists and engineers". It also states that "we will work to make it possible for foreign students earning advanced degrees in science, technology, engineering, and mathematics to stay".

Research Subsidies and R&D Tax Credit. The platform advocates "doubling funding for key basic research agencies"

It also advocates "expanding and making permanent the Research and Experimentation Tax Credit".

The most recent extension of the R&D tax credit expired on December 31, 2011. Numerous bills are pending in the House and Senate that would modernize and extend, or make permanent, this tax credit.

Spectrum Auctions and Broadband Regulation. The platform states that "We will ensure that America has a 21st century digital infrastructure – robust wired and wireless broadband capability, a smarter electrical grid, and upgraded information technology infrastructure in key sectors such as health care and education. President Obama has committed to ensuring that 98 percent of the country has access to high-speed wireless broadband Internet access. We are finding innovative ways to free up wireless spectrum and are building a state-of-the-art nationwide, interoperable, public safety network."

It also states that "President Obama is strongly committed to protecting an open Internet". The Federal Communications Commission (FCC) adopted open internet rules [194 pages in PDF]  in December of 2010, which are now under review by the U.S. Court of Appeals (DCCir).

Intellectual Property. The platform states that "The administration is vigorously protecting U.S. intellectual property -- our technology and creativity -- at home and abroad through better enforcement and innovative approaches such as voluntary efforts by all parties to minimize infringement while supporting the free flow of information. Customs seizures of counterfeit drugs are up 600 percent and seizures of fake consumer safety and critical technology have increased nearly 200 percent; the Department of Justice has aggressively prosecuted the illegal overseas transfer of trade secrets. As technology advances, we will continue to work with all stakeholders to protect the security of the nation and its knowledge assets, U.S. intellectual property, the functioning of fair and competitive markets, and the privacy, free expression, and due process rights of Americans."

Chris Dodd, head of the Motion Picture Association of America (MPAA) stated in a release that "I am extremely pleased that the Democratic Party’s platform language reinforces the critical importance of protecting America's intellectual property while ensuring the free flow of information on the Internet."

"Protecting that source of creativity, as well as protecting the rights of the people behind that creativity, is integral not just to our economy, but to who we are as a nation", wrote former Senator Dodd.

He added that "Through their platform language, both parties have now clearly stated that protecting the free flow of information on the Internet and protecting American innovators are not mutually exclusive goals -- and that in fact, they are equally critical. That kind of insightful approach to this 21st century challenge from both parties is encouraging, and I look forward to continuing to work with everyone who is invested in these issues to develop meaningful solutions to protect an Internet that works for everyone."

Sandra Aistars, head of the Copyright Alliance, stated in a release that "We welcome the Democratic Party platform which reflects the Democratic Party’s consistent support for protecting intellectual property and promoting the arts, while also recognizing that a free and open internet is in the best interest of all. The platform is consistent with our call to the Democratic Platform Committee that it ensure that the two important principles of free expression and protection for authorship remain intertwined in American law and policy as they have been for the past 225 years and recognize that the protection of intellectual property is an essential element of a free and democratic Internet ecosystem."

9/9. The Office of the U.S. Trade Representative (OUSTR) released a statement regarding the Trans Pacific Partnership Agreement (TPPA) meetings in Leesburg, Virginia, which run from September 6 through 15. However, it does not address intellectual property issues.

The Computer and Communications Industry Association's (CCIA) Matt Schruers, who is attending, stated in a release that "If we increase international intellectual property enforcement without also expanding protections for Internet services and platforms, we will create an international system hostile to the export of Internet services, where the U.S. has an extraordinary trade advantage. We must ensure that we do not create a trade agreement that cripples one of our most successful industries."

The Public Knowledge (PK) released a short piece by Jodie Griffin titled "Recap: TPP Stakeholder Events in Leesburg, VA".

9/11. Federal Communications Commission (FCC) Commissioner Jessica Rosenworcel announced in a release her appointment of Alexander Saric to be her Policy Director. He will have "primary responsibility for media and technology issues". He has been Deputy General Counsel for Strategic Initiatives in the Department of Commerce's (DOC) Office of the General Counsel. His DOC biography states that he is the "principal advisor to the General Counsel on Internet privacy, security, and intellectual property matters and as liaison to various Departmental committee and working groups on such matters." Before that, he worked for the Senate Commerce Committee (SCC). And before that, he worked for the law firms of Latham & Watkins and Sullivan & Cromwell.

9/10. The Senate confirmed Stephanie Marie Rose to be a Judge of the U.S. District Court (SDIowa) by a vote of 89-1. See, Roll Call No. 190.

9/12. David Kappos, head of the U.S. Patent and Trademark Office (USPTO), wrote a short piece titled "Progress Report on Satellite Office Openings".

9/11. The House passed SConRes 17 under suspension of the rules, by voice vote. This resolution provides that "it is the sense of Congress that" the US "should take a leading role in garnering international support for the granting of observer status to Taiwan in the" International Civil Aviation Organization (ICAO). It also states that the US has "declared its support for the participation of Taiwan in appropriate international organizations".

9/10. The Government Accountability Office (GAO) released a report [51 pages in PDF] titled "Federal Communications Commission: Regulatory Fee Process Needs to Be Updated".

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The House will meet a 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House is scheduled to consider HR 5949 [LOC | WW], the "FISA Amendments Act Reauthorization Act of 2012", subject to a rule that makes three amendments in order. See, Rep. Cantor's schedule for the week, schedule for September 12, and story titled "House to Take Up Tech Bills" in TLJ Daily E-Mail Alert No. 2,443, September 7, 2012.

The Senate will meet at 9:30 AM.

9:10 AM. The U.S. International Trade Commission (USITC) will hold a hearing on the probable economic effect of providing duty free treatment for imports under the U.S.-Trans-Pacific Partnership Free Trade Agreement. See, notice in the Federal Register, Vol. 77, No. 155, August 10, 2012, at Pages 47880-47882. Location: USITC, 500 E St., SW.

9:00 AM - 5:00 PM. The U.S. China Economic and Security Review Commission will meet to consider drafts of material for its 2012 annual report to Congress. See, original notice in the Federal Register (FR), Vol. 77, No. 143, July 25, 2012, at Pages 43662-43663, and second notice in the FR, Vol. 77, No. 171, September 4, 2012, at Pages 53965-53966. Location: Hall of the States, Conference Room 233, 444 North Capitol St., NW.

9:00 AM - 1:00 PM. The Federal Communications Commission's (FCC) Communications Security, Reliability, and Interoperability Council (CSRIC) will meet. See, September 6 Public Notice, and notice in the Federal Register, Vol. 77, No. 156, August 13, 2012, at Page 48153. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

9:30 AM - 5:00 PM. Day two of a three day meeting of the Department of Transportation's (DOT) Federal Aviation Administration (FAA) RTCA Special Committee 222, Inmarsat Aeronautical Mobile Satellite (Route) Services. See, notice in the Federal Register, Vol. 77, No. 157, August 14, 2012, at Pages 48584-48585. Location: RTCA, Inc., Suite 910, 1150 18th St., NW.

9:45 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing and Trade will hold a hearing titled "Where the Jobs Are: There’s an App for That". See, notice. Location: Room 2322, Rayburn Building.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies will hold a hearing titled "The EMP Threat: Examining the Consequences". See, notice. Location: Room 211, Cannon Building.

10:00 AM. The House Judiciary Committee (HJC) will hold a hearing titled "The Obama Administration's Abuse of Power". See, notice. Location: Room 2141, Rayburn Building.

10:30 AM - 5:00 PM. The U.S. Patent and Trademark Office (USPTO) will host an event titled "roadshow" to explain and answer questions about USPTO rules that implement provisions of the Leahy Smith America Invents Act, which take effect on September 16, 2012. See, notice and agenda. Location: USPTO, Alexandria, Virginia.

12:00 NOON. The World Wide Web Consortium's (W3C) Tracking Protection Working Group will meet by teleconference. The call in number is 1-617-761-6200. The passcode is TRACK (87225).

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Emergency Preparedness, Response, and Communications will hold a hearing titled "Resilient Communications: Current Challenges and Future Advancements". See, notice. Location: Room 311, Cannon Building.

2:00 PM. The House Financial Services Committee's (HFSC) Subcommittee on Financial Institutions and Consumer Credit will hold a hearing titled "Examining the Uses of Consumer Credit Data". See, notice. Location: Room 2128, Rayburn Building.

2:00 PM. The Information Technology and Innovation Foundation (ITIF) will hold a teleconferenced event to release a report titled "Comparing the 2012 Presidential Candidates' Technology and Innovation Policies". Ask Alexis Fearon at
afearon at itif dot org or 202-524-4390 for the dial in number.

5:00 PM. Deadline to submit reply comments to the Copyright Office (CO) in response to its notice in the Federal Register (FR) regarding its proposed rules that implement the provision of the Satellite Television Extension and Localism Act of 2010 (STELA) that allows copyright owners to audit certain Statements of Account filed with the CO. See, FR, Vol. 77, No. 115, Thursday, June 14, 2012, at Pages 35643-35652. See also, story titled "Copyright Office Issues Proposed STELA Rules Regarding Auditing Statements of Account" in TLJ Daily E-Mail Alert No. 2,398, June 18, 2012.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Seminar on Next Generation 9-1-1". The speakers will be Trey Forgety (NENA), Brian Hurley (FCC), Robert Gojanovich (TeleCommunication Systems), John Kelly (Ottosen Britz), and Tim Stelzig (Deputy Chief of the FCC's WCB's Competition Policy Division). CLE credits. Prices vary. Registrations and cancellations are due by 12:00 NOON on Tuesday, September 11. See, notice. Location: Drinker Biddle & Reath, 1500 K St., NW.

7:00 PM. Supreme Court Justice Clarence Thomas will speak at an event titled "The Constitution Turns 225". The other speaker will be Akhil Amar (Yale law school). This event is free and open to the public, on a first come first admitted basis. Ticket distribution begins at 6:00 PM. Location: National Archives, McGowan Theater, 700 Pennsylvania Ave., NW.

The House will meet a 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule for the week, and story titled "House to Take Up Tech Bills" in TLJ Daily E-Mail Alert No. 2,443, September 7, 2012.

8:30 - 10:30 AM. FairSearch, a group organized around the proposition that "Google is abusing its search monopoly to thwart competition", will host an event titled "Searching for Innovation and Competition in the Online Marketplace". The speakers will be Susan Athey (Harvard University), Robert Birge (KAYAK), Mark Corallo, Albert Foer (American Antitrust Institute), Rodman Forter (Skyhook Wireless), Pamela Harbour (Fulbright & Jaworski), Patrick Lynch, Nathan Newman, Jim O’Connell (Covington & Burlington), and Dan Savage (TradeComet.com). See, notice. Location: Newseum, 555 Pennsylvania Ave., NW.

9:00 AM - 5:00 PM. The U.S. China Economic and Security Review Commission will meet to consider drafts of material for its 2012 annual report to Congress. See, original notice in the Federal Register (FR), Vol. 77, No. 143, July 25, 2012, at Pages 43662-43663, and second notice in the FR, Vol. 77, No. 171, September 4, 2012, at Pages 53965-53966. Location: Hall of the States, Conference Room 231, 444 North Capitol St., NW.

9:00 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host a discussion of the book titled "Innovation Economics: The Race for Global Advantage". The speakers will include the authors, Robert Atkinson (ITIF) and Stephen Ezell (ITIF). See, notice. Location: Holeman Lounge, National Press Club, 529 14th St., NW.

9:30 AM - 5:00 PM. Day three of a three day meeting of the Department of Transportation's (DOT) Federal Aviation Administration (FAA) RTCA Special Committee 222, Inmarsat Aeronautical Mobile Satellite (Route) Services. See, notice in the Federal Register, Vol. 77, No. 157, August 14, 2012, at Pages 48584-48585. Location: RTCA, Inc., Suite 910, 1150 18th St., NW.

10:00 AM - 1:00 PM. The House Intelligence Committee (HIC) will hold a hearing titled "National Security Threats Posed by Chinese Telecom Companies Working in the U.S." This hearing is open to the public. See, notice. Location: Room HVC-210, Capitol Visitor Center.

10:00 AM. The House Financial Services Committee's (HFSC) Subcommittee on Capital Markets and Government Sponsored Enterprises and the House Oversight and Government Reform Committee (HOGRC) will hold a joint hearing titled "The JOBS ACT: Importance of Prompt Implementation for Entrepreneurs, Capital Formation, and Job Creation". In March of this year the Congress enacted HR 3606 [LOC | WW], the "Jumpstart Our Business Startups Act" or JOBS Act", a bill that reduces securities regulation for small and start up companies. See, stories titled "House Passes Securities Regulation Bill" and "Summary of HR 3606" in TLJ Daily E-Mail Alert No. 2,350, March 19, 2012. It is now Public Law No. 112-106. See, notice. Location: Room 2154, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of HR 2471 [LOC | WW], a bill to amend 18 U.S.C. § 2710, S 3486 [LOC | WW], the "Patent Law Treaties Implementation Act", and S 3523 [LOC | WW], the "Innovative Design Protection Act of 2012". The agenda also includes consideration of the nomination of William Baer to be Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division. See, SJC notice. Location: Room 226, Dirksen Building.

10:15 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Creating Opportunities through Improved Government Spectrum Efficiency". The witnesses will be Douglas Smith (P/CEO of Oceus Networks), Mark Goldstein (Government Accountability Office), Karl Nebbia (NTIA's Office of Spectrum Management), Steve Sharkey (T-Mobile USA), Preston Marshall (University of Southern California), and Robert Wheeler (USAF, Deputy Chief Information Officer for Command, Control, Communications and Computers and Information Infrastructure). See, notice. Location: Room 2123, Rayburn Building.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Privacy and Data Security Committee will hold a brown bag lunch and planning meeting. Location: Kelley Drye & Warren, Suite 400, 3050 K St., NW.

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

5:30 - 9:00 PM. The Public Knowledge (PK) will host a fundraising event titled "9th Annual IP3 Awards". The price to attend is $50. See, registration page. Location: Ronald Regan Building and International Trade Center.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Meet and greet new FCC Commissioners Reception". Prices vary. See, notice and registration form. Location: Capital Hilton, 1001 16th St., NW.

8:00 - 9:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a webcast panel discussion titled "Cartel Enforcement Around the World: Chapter 5: Korea". The speakers will be Douglas Tween (Baker & McKenzie), Cholsoo Han (Secretary General, Korea Fair Trade Commission), Hoil Yoon (Yoon & Yang), and Stephen Harris (Baker & McKenzie). No CLE credits. Free. See, notice and notice.

11:59 PM. Deadline to submit annual license and regulatory fees to the Federal Communications Commission (FCC). See, notice.

The House will meet a 9:00 AM for legislative business. See, Rep. Cantor's schedule for the week, and story titled "House to Take Up Tech Bills" in TLJ Daily E-Mail Alert No. 2,443, September 7, 2012.

9:00 - 10:30 AM. The US Telecom will host an on site and teleconferenced event titled "Broadband Internet Competition in the Digital Age Breakfast Briefing". The speakers will be Jonathan Salet (O'Melveny & Myers), Rob Atkinson (Information Technology and Innovation Foundation), and Jeffrey Eisenach (Navigant Economics). This event is free, but registration is required. See, notice. Location: US Telecom Executive Conference Center, Suite 400, 607 14th St., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in EchoStar Satellite v. FCC, App. Ct. No. 04-1033. This case pertains to FCC rules, adopted in 2003, regarding digital plug and play compatibility. See, story titled "FCC Adopts Digital Plug and Play Cable Compatibility Rules" in TLJ Daily E-Mail Alert No. 737, September 11, 2003. See also, FCC brief filed on March 30, 2012. Judges Brown, Edwards, and Randolph will preside. This is the third item on the Court's agenda. Location: Courtroom 11, 4th floor, Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM - 4:00 PM. The Securities and Exchange Commission (SEC) will host an event titled "Technology and Trading: Promoting Stability in Today's Markets". See, notice and agenda. Location?

10:30 AM - 3:30 PM. The Federal Communications Commission's (FCC) Emergency Access Advisory Committee (EAAC) will hold a meeting regarding next generation 911 accessibility by persons with disabilities. See, Public Notice (DA 12-1372) and notice in the Federal Register, Vol. 77, No. 175, September 10, 2012, at Page 55473. Location: FCC, Commission Meeting Room, 445 12th St., SW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-147 B [31 pages in PDF] titled "BIOS Protection Guidelines for Servers".

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the National Cable & Telecommunications Association's (NCTA) Petition for Partial Reconsideration [7 pages in PDF] of the FCC's Report and Order implementing the Commercial Advertisement Loudness Mitigation Act, or CALM Act, which is codified at 47 U.S.C. § 621. The FCC adopted and released this R&O on December 13, 2011. It is FCC 11-182 in MB Docket No. 11-93. The NCTA argues, among other things, that the FCC confused promotion of television programming for commercial advertisements. See, notice in the Federal Register, Vol. 77, No. 161, Monday, August 20, 2012, at Page 50071. See also, story titled "NCTA Petitions FCC for Reconsideration of CALM Act Rules" in TLJ Daily E-Mail Alert No. 2,432, August 20, 2012.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) in response to its notice in the Federal Register (FR) requesting comments to assist it in preparing its 2012 Notorious Markets List, which identifies internet and physical notorious markets located outside of the US that make available intellectual property infringing products. See, FR, Vol. 77, No. 157, August 14, 2012, at Pages 48583-48584. See also, story titled "USTR Seeks Comments on Notorious Markets" in TLJ Daily E-Mail Alert No. 2,431, August 17, 2012.

Rosh Hoshanah begins at sundown.

Deadline to submit post hearing briefs and statements to the U.S. International Trade Commission (USITC) regarding the probable economic effect of providing duty free treatment for imports under the U.S.-Trans-Pacific Partnership Free Trade Agreement. See, notice in the Federal Register, Vol. 77, No. 155, August 10, 2012, at Pages 47880-47882.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "July-August 2012 Antitrust Update". The speakers will be Dorothy Raymond and Francis Fryscak, Jackie Grise, Howard Morse, and Marc Schildkraut (all of Cooley). No CLE credits. Free. See, notice.

12:00 - 1:15 PM. The American Bar Association (ABA) will host a teleconferenced panel discussion titled "Locked Down: Keeping Confidential Information Confidential". CLE credits. Prices vary. See, notice.

1:30 - 5:00 PM. Melbourne IT will host a panel discussion titled "Trademarks and New gTLDs: Minimizing the Need for Defensive Registrations and the Second Level of New Generic Top Level Domains". The speakers will be Andrew Abrams (Google), James Bikoff (Silverberg Goldman & Bikoff), Steve DelBianco (NetChoice), Dan Jaffe (Association of National Advertisers), Jon Nevett (Donuts), Russell Pangborn (Microsoft), Craig Schwartz (fTLD Registry Services), and Brian Winterfeldt (Steptoe & Johnston). See, notice. Location: Capitol Hilton, 1001 16th St., NW.

12:00 MIDNIGHT - 1:30 AM ET. The American Bar Association (ABA) will host an on site and teleconferenced panel discussion titled "Migration and People Movement: Front-line Insights on Business Practices for India, China and the US". No CLE credits. Prices vary. See, notice. On site location: K&L Gates, Suite 3708, 1601 Nanjing Road West, Shanghai, People's Republic of China.

9:00 AM - 3:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (NCOHIT) HIT Standards Committee will meet. See, notice in the Federal Register, Vol. 77, No. 163, August 22, 2012, at Page 50690. Location: Washington Marriott, 1221 22nd St., NW.

CANCELLED. 9:30 AM - 4:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will hold one in a series of meetings regarding consumer data privacy in the context of mobile applications. See, notice in the Federal Register, Vol. 77, No. 149, Thursday, August 2, 2012, Pages 46067-46068. Location: Auditorium, DOC, Hoover Building, 14th Street and Constitution Ave., NW.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to discuss preparations for the World Conference on International Telecommunication (WCIT-12) to be held in Dubai, United Arab Emirates, on December 3-14, 2012, and the World Telecommunication Standardization Assembly (WTSA-12), to be held in Dubai on November 20-29, 2012. See, notice in the Federal Register, Vol. 77, No. 170, August 31, 2012, at Page 53249. Location: DOS, 10th floor, 1120 20th St., NW.

12:00 NOON. The World Wide Web Consortium's (W3C) Tracking Protection Working Group will meet by teleconference. The call in number is 1-617-761-6200. The passcode is TRACK (87225).

12:00 NOON - 1:00 PM. The Federal Communications Commission (FCC) will hold an event titled "Inside the Wireline Competition Bureau". The speaker will be Julie Veach, Chief of the FCC's Wireline Competition Bureau. The FCBA states that this is an FCBA event. Location: Kelley Drye & Warren, Suite 400, 3050 K St., NW.

12:00 NOON. Deadline to submit requests to testify at the Office of the U.S. Trade Representative's (OUSTR) October 3 hearing regarding preparation of its annual report to the Congress on the People's Republic of China's (PRC) compliance with its World Trade Organization (WTO) obligations. See, notice in the Federal Register, Vol. 77, No. 161, August 20, 2012, at Pages 50206-50207. See also, story titled "OUSTR to Receive Comments and Hold Hearing on PRC Compliance with WTO Obligations" in TLJ Daily E-Mail Alert No. 2,431, August 17, 2012.

RESCHEDULED FROM SEPTEMBER 11. 2:15 PM. The Senate Foreign Relations Committee (SFRC) will hold an executive business meeting. The agenda includes numerous items, including consideration of SConRes 50, a resolution "Expressing the sense of Congress regarding actions to preserve and advance the multistakeholder governance model under which the Internet has thrived". See, notice. Location: Room S-116, Capitol Building.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Justin Faulb at JFaulb at eckertseamans dot com or Brendan Carr at Brendan dot Carr at fcc dot gov. Location: District Chophouse, 509 7th St., NW.