9/18. The Government Accountability Office (GAO) released a report [54 pages in PDF] titled "Information Security: Better Implementation of Controls for Mobile Devices Should Be Encouraged". This report, written for the House Commerce Committee (HCC), states that "Threats to the security of mobile devices and the information they store and process have been increasing significantly."

"Many of these threats are similar to those that have long plagued traditional computing devices connected to the Internet. For example, cyber criminals and hackers have a variety of attack methods readily available to them, including using software tools to intercept data as they are transmitted to and from a mobile device, inserting malicious software code into the operating systems of mobile devices by including it in seemingly harmless software applications, and using e-mail phishing techniques to gain access to mobile-device users’ sensitive information."

The report continues that "The significance of these threats, which are growing in number and kind, is magnified by the vulnerabilities associated with mobile devices. Common vulnerabilities in mobile devices include a failure to enable password protection, the lack of the capability to intercept malware, and operating systems that are not kept up to date with the latest security patches."

It also states that "Mobile devices face a range of cybersecurity threats. These threats can be unintentional or intentional. Unintentional threats can be caused by software upgrades or defective equipment that inadvertently disrupt systems. Intentional threats include both targeted and untargeted attacks from a variety of sources, including botnet operators, cyber criminals, hackers, foreign nations engaged in espionage, and terrorists. These threat sources vary in terms of the capabilities of the actors, their willingness to act, and their motives, which can include monetary gain or political advantage, among others. For example, cyber criminals are using various attack methods to access sensitive information stored and transmitted by mobile devices."

9/12. Rep. Ed Markey (D-MA) and Rep. Dianne DeGette (D-CO) introduced HR 6377 [LOC | WW], the "Mobile Device Privacy Act".

This bill would create a broad new regulatory regime at the Federal Trade Commission (FTC) for mobile phones and all mobile internet connected devices. The FTC has not requested this authority.

This bill would be a class action law firm's dream, but a nightmare for many companies that participate in the mobile devices ecosystem.

This bill follows Congressional inquiries regarding Carrier IQ software installed on smart phones. See, stories titled "House Commerce Committee Democrats Seek Hearing on Carrier IQ Software" and "Carrier IQ, Telcos and Phone Makers Respond to Sen. Franken's Questions" in TLJ Daily E-Mail Alert No. 2,327, January 14, 2012.

Rep. Markey (at right) stated in a release that "Consumers should know and have the choice to say no to software on their mobile devices that is transmitting their personal and sensitive information. This is especially true for parents of children and teens, the fastest growing group of smartphone users. This legislation will provide greater transparency into the transmission of consumers' personal information and empower consumers to say no to such transmission."

Rep. Markey has often worked in tandem with Rep. Joe Barton (R-TX) on privacy related matters affecting information and communications technology. However, Rep. Barton is not a cosponsor of this bill, did not join with Rep. Markey early this year in asking for a hearing on Carrier IQ, and did not join with Rep. Markey in asking the FTC to investigate.

This bill would create a new regulatory regime, centered at the Federal Trade Commission (FTC). However, while the FTC would write rules, the bill would also give redundant enforcement authority to both the Federal Communications Commission (FCC) and the states. It would also create a private right of action.

Moreover, the bill would not only not preclude class action litigation, it would be encourage it. It provides that "A person injured by an act in violation" can recover the greater of actual damages, or statutory damages of $1,000, even in the absence of actual monetary loss. Damages could be trebled for "willfully or knowingly in committing a violation".

Samsung, for example, stated in its letter in response to a Senate request that Carrier IQ software had been installed on about 25 Million phones. This could provide for minimum class action damages of $25 Billion.

But, there is more for the class action bar. Private actions could be brought in either state or federal court. Since mobile phones and tablets are sold to users in every judicial district in the country, class action lawyers would be free to pick the most class action friendly state judges in the country. Moreover, the court could issue injunctive relief. The issuance of a preliminary injunction would give class action lawyers tremendous power in bargaining for financial settlements.

This bill would require the FTC to write rules, under Administrative Procedure Act (APA) procedure, not the Magnuson Moss Act procedure specified in the FTC Act. These rules must provide that sellers of mobile devices, makers of mobile devices, wireless voice providers, wireless internet access providers, and mobile device operating system makers must disclose to consumers that "monitoring software is installed on the mobile device", the "types of information that the monitoring software is capable of collecting and transmitting", with whom information will be shared, how it will be used, and other things.

These rules must also require that any entity that is subject to these disclosure requirements must "obtain the express consent of the consumer prior to the time when the monitoring software first begins collecting and transmitting information".

These rules must also require any entity that obtains information subject to these disclosure requirements implement specified  information security practices.

This bill creates no exceptions or exemptions for law enforcement, public safety, or intelligence uses or purposes.

This bill was referred to the House Commerce Committee (HCC). Both Rep. Markey and Rep. DeGette are members.

9/18. The Public Knowledge (PK), Free Press (FP) and New America Foundation (NAF) sent a letter to AT&T stating that they intend to file a complaint with the Federal Communications Commission (FCC) against AT&T that alleges violation of the FCC's rules, adopted in December of 2010, that regulate broadband internet access service (BIAS) providers. See also, PK release.

These rules, which are codified at 47 C.F.R. § 8, are also sometimes referred to as network neutrality rules, or open internet rules. These rules may also be vacated by the U.S. Court of Appeals (DCCir). See, story titled "FCC Files Brief with DC Circuit in Challenge to BIAS Rules" in TLJ Daily E-Mail Alert No. 2,445, September 11, 2012.

The FCC's BIAS rules, at Section 8.5, provide that "Any person may file a formal complaint alleging a violation of the rules in this part." This section also provides that "Any person intending to file a complaint under this section must first notify the potential defendant in writing that it intends to file a complaint with the Commission based on actions alleged to violate one or more of the provisions contained in this part. The notice must be sufficiently detailed so that its recipient(s) can determine the specific nature of the potential complaint. The potential complainant must allow a minimum of ten (10) days for the potential defendant(s) to respond before filing a complaint with the Commission."

These three interest groups wrote that this complaint pertains to "AT&T Inc.'s decision to block certain users from accessing the FaceTime application over AT&T's mobile networks, in violation of 47 C.F.R. § 8.5(b), which prohibits mobile broadband Internet access service providers from blocking any application that competes with the provider’s voice or video telephony services."

The PK and FP made public these accusations last month. See, story titled "PK and FP Allege AT&T Wireless BIAS Offerings Violate FCC Net Neutrality Rules" in TLJ Daily E-Mail Alert No. 2,430, August 16, 2012. And, AT&T denied that it has violated FCC rules. See, story titled "AT&T Rebuts PK/FP Net Neutrality Allegations" in TLJ Daily E-Mail Alert No. 2,436, August 24, 2012.

9/18. Mary Lou Leary, acting Assistant Attorney General in charge of the Department of Justice's (DOJ) Office of Justice Programs (OJP), gave a speech in New Orleans, Louisiana in which she discussed the use of information technology (IT) to assist victims of crime.

She said that IT "can support victim assistance organizations in their record-keeping and reporting activities". IT "can also aid service providers in their work with victims, whether it’s through online hotline services or through an Internet-based case management system".

Leary (at right) also said that "Another very promising technology-based approach is telemedicine, which makes medical experts available remotely to walk local health care providers through medical exams." She also announced a $3.3 Million grant to create a National Sexual Assault Forensic Exam Telemedicine Center. See also, DOJ release.

She said that this project, to  be run by the Massachusetts Department of Public Health, "will provide expert medical forensic examiners to work with providers at four pilot sites to provide consultation on sexual assault forensic medical exams."

9/13. The Federal Trade Commission's (FTC) Bureau of Competition (BOC) is conducting an investigation of Google regarding whether its search or search advertising business practices violate federal laws enforced by the FTC, including Section 2 of the Sherman Act (15 U.S.C. § 2) and Section 5 of the FTC Act (15 U.S.C. § 45). The European Commission is also investigating Google.

The FTC's investigation, negotiations, and decision making is transpiring without public disclosure by the FTC. However, both advocates and opponents of antitrust action by the FTC are advancing their arguments in public fora. No current employees of the FTC are speaking at such events.

On Thursday, September 13, rival groups, Fair Search (FS) and the Computer and Communications Industry Association (CCIA), hosted panel discussions on the subject of whether the FTC should or should not take action against Google. On Friday, September 28, the Tech Freedom will host a luncheon debate in Washington DC that will also be webcast.

Fair Search is a group of recent origin whose members include Microsoft, Expedia, Kayak, Oracle, Nokia, the Poland based online auction web site Allegro, and other companies. It states in its web site that "Google controls nearly 80% of all searches done in the U.S., and more than 90% of all searches in Europe. It has the unique ability to manipulate the marketplace and illegally thwart competition. Ending its abuses and restoring competition in online search is vital to ensuring continued economic growth, innovation and consumer choice."

FS hosted an event at the Newseum in Washington DC at which most of the speakers condemned Google's business practices. The speakers included Susan Athey (Harvard University professor and Microsoft consultant), Robert Birge (travel search provider KAYAK), Tim Carter (AskTheBuilder.com via video), Mark Corallo, Albert Foer (American Antitrust Institute), Rodman Forter (Skyhook Wireless), Pamela Harbour (Fulbright & Jaworski), Patrick Lynch (consultant to Fair Search, and former AG of Rhode Island), Nathan Newman (NYU), Jim O'Connell (Covington & Burlington and counsel to Expedia), and Dan Savage (TradeComet.com). See, FS web page with hyperlinks to video of both panels.

Foer said that the AAI has not taken a position. He said that the key legal issues include the definition of the relevant market. He noted that Google operates in a two sided market, in which Google provides search to users, and advertising to advertisers. He said that the Sherman Act Section 2 theories of natural monopoly, essential facilities and monopoly leveraging are unlikely to be alleged by the FTC. He suggested that the FTC would rely on vertical foreclosure theories.

He speculated that the FTC may be examining six questions. First, and foremost, "Has Google manipulated organic search results, unfairly favoring its own products, and disadvantaging rival vertical search products?"

Second, "Has Google manipulated paid search results by blacklisting rival vertical search sites, or artificially lowering rivals' quality scores, and in turn  affecting their auction rankings, to make winning bids prohibitively expensive?"

Third, "Has Google acted anti-competitively in its advertising agreements with other web sites, attempting primarily through long term exclusive agreements, to prevent advertisers from moving their campaigns to rival search engines?"

Fourth, "Has Google improperly scraped content from rival sites without permission?"

Fifth "Has Google abused its dominance in the Android mobile operating system by for example locking Android handset manufacturers into using Google as their default mobile search engine, by manipulating the operating system's compatibility standards?"

Sixth, "Has Google locked advertising into AdWorks by hampering data portability, and using API restrictions that effectively prevent comparison shopping on rival platforms?"

Content providers at the FS event complained that Google has written its search algorithms to bias results against competing content providers.

Athey, who is also a Microsoft consultant, argued that Google is engaging in anti-competitive conduct that keeps Microsoft, provider of Bing, from realizing the benefits of competition.

Several speakers complained about Google activities that have violated federal law, but not the Sherman Act, such as selling ads to businesses that sell fake drugs, and to predatory real estate lenders.

The CCIA hosted another event on the 13th at which speakers defended Google. The speakers were Glenn Manishin (Troutman Sanders, and counsel to the CCIA), Michael Petricone (Consumer Electronics Association), Eric Goldman (Santa Clara University law school), and Dan Crane (University of Michigan law school).

Manishin argued that search advertising is the relevant market, not search. Hence, Google's 80% share of search in the U.S. is irrelevant. He also argued that in search advertising, digital advertising is a substitute for traditional advertising.

Manishin also argued that issues such as fairness are irrelevant to antitrust analysis. What matters in this matter is whether there is exclusionary conduct. And, in this case, "there is no exclusionary effect".

Petricone added that users can switch search providers with the click of the mouse. He also argued that since information technology is dynamic, fast moving and subject to disruptive innovation, "light hand" regulation is appropriate.

The Tech Freedom event next week will be structured as a debate between two supporters of government action -- Eric Clemons (University of Pennsylvania business school and Allen Grunes (Brownstein Hyatt) -- and two opponents of government action (Manishin and Geoffrey Manne (Lewis & Clark law school).

The Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights held a hearing on September 21, 2011, titled "The Power of Google: Serving Consumers or Threatening Competition". See, SJC web page with hyperlinks to statements, testimony and video.

9/19. Joseph Wayland, acting Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division gave a speech in Washington DC titled "Litigation in the Antitrust Division".

9/16. The Department of Justice's (DOJ) Antitrust Division published a notice in the Federal Register (FR) that announces that the 3D Consortium, Inc. filed a notification of a change in its membership, pursuant to the National Cooperative Research and Production Act of 1993, which pertains to limiting antitrust liability of standard setting consortia. See, FR, Vol. 77, No. 179, September 14, 2012, at Page 56861.

9/14. The American Antitrust Institute (AAI) published a book [Amazon hardcover] titled "Private Enforcement Of Antitrust Law In The United States". It is 432 pages, and is edited by Albert Foer and Randy Stutz. See also, AAI sales page, and Google ebook sales page.

9/13. The Federal Trade Commission (FTC) published a notice in the Federal Register (FR) announcing recent Hart Scott Rodino (HSR) grants of early termination of the waiting period provided by law and the premerger notification rules. See, FR, Vol. 77, No. 177, September 12, 2012, at Pages 56210-56212.

9/17. Richard Strasser was appointed interim Copyright Royalty Judge. He replaces Stanley Wisniewski, who retired on August 31, 2012. Strasser is a staff attorney for the Copyright Royalty Board (CRB).

9/13. Linda Dempsey joined the National Association of Manufacturers (NAM) as VP for International Economic Affairs. The NAM stated in a release that she will be responsible for "advocating for intellectual property protection, increased export financing and the elimination of trade barriers, as well as pushing for agreements and treaties to open up new export markets to create jobs". She previously worked for the Emergency Committee for American Trade (ECAT). And before that, she worked as trade counsel to the Senate Finance Committee (SFC).

9/18. The Federal Communications Commission (FCC) published a notice in the Federal Register (FR) that announces, describes, and sets the effective date for, its special access services order. This is the Report and Order [107 pages in PDF] that suspends the FCC's rules, which have been in effect for 13 years, that allow for automatic grants of pricing flexibility for special access services. The FCC adopted it on August 15 and released the text on August 22, 2012. It is FCC 12-92 in WC Docket No. 05-25. See also, story titled "Divided FCC Adopts Special Access Order" in TLJ Daily E-Mail Alert No. 2,435, August 23, 2012. Publication of this FR notice is a prerequisite for seeking judicial review of the order.

9/18. The Government Accountability Office (GAO) released a report [48 pages in PDF] titled "Information Technology: Census Bureau Needs to Implement Key Management Practices".

9/18. Yahoo announced in a release that "it has closed the initial sale of shares in Alibaba Group Holding Limited. At closing, Yahoo! received approximately $7.6 billion, $6.3 billion in cash and $800 million in preferred shares of Alibaba in exchange for half of Yahoo!'s 40 percent stake in Alibaba, as well as a payment of $550 million for a technology and intellectual property license agreement."

9/5. Comcast announced in a release that "Effective October 1, we will introduce a new Internet data usage plan in the Tucson area that increases the data usage allowance for all XFINITY Internet customers subscribing to the Economy tier through the Performance tier from 250 GB to 300 GB. For those customers subscribed to the Blast! tier, the data usage allowance will be increased to 350 GB, while the allowance for Extreme 50 will be increased to 450 GB, and the allowance for Extreme 105 will be increased to 600 GB".

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Privacy Policy
Notices & Disclaimers
Copyright 1998-2012 David Carney. All rights reserved.

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.

The Senate will meet at 10:00 AM. The Senate may consider S 3457 [LOC | WW], the "Veterans Jobs Corps Act of 2012".

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. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Katherine Failla (USDC/SDNY), Pamela Ki Mai Chen (USDC/EDNY), Troy Nunley (USDC/EDCal), Sheri Chappell (USDC/MDFl), Mark Barnett (U.S. Court of International Trade). See, notice. President Obama nominated Failla, Nunley and Chappell on June 25. See, White House news office release and release. He nominated Barnett on July 12. See, White House news office release and release. Location: Room 226, Dirksen Building.

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.

11:00 AM. The House Oversight and Government Reform Committee (HOGRC) will hold a hearing titled "Trade Adjustment Assistance for U.S. Firms: Evaluating Program Effectiveness and Recommendations". See, notice. Location: Room 2247, Rayburn Building.

12:00 NOON. Deadline to submit comments to the Federal Election Commission (FEC) regarding its Draft Advisory Opinion 2012-31 [11 pages in PDF]. AT&T requested this AO. It pertains to political contributions via text messaging. See also, notice in the Federal Register, Vol. 77, No. 180, September 17, 2012, at Pages 57087-57088.

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 - 1:30 PM. The American Bar Association (ABA) will host a telecast panel discussion titled "Private Antitrust Actions: EU and UK Initiatives and their Global Implications". The speakers will be Eddy De Smijter (Deputy Head of Unit A1 Private Enforcement Unit at the European Commission's Directorate General for Competition), Angela Nardella (Private Enforcement Unit at the EC's DGC), Tiffany Rider (Skadden), Ingrid Vandenborre (Skadden), and Gary MacDonald (Skadden). Free. No CLE credits. See, notice.

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.

12:15 - 1:30 PM. Andrew Weisman, General Counsel of the Federal Bureau of Investigation (FBI), will speak. The DC Bar Association asserts that this is a DC Bar event. See, notice. Reporters are barred. The price to attend ranges from $10 to $20. Lunch will not be served. Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

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.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Five Years of the America COMPETES Act: Progress, Challenges, and Next Steps".The witnesses will be Norman Augustine, Carl Wieman (University of Colorado Boulder), Jeffrey Furman (Boston University), Peter Lee (Microsoft), and John Winn (National Math and Science Initiative). See, notice. Location: Room 253, Russell 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.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The agenda includes consideration of HR 6429 [LOC | WW | PDF], the "STEM Jobs Act of 2012". See, Rep. Cantor's schedule for the week.

9:00 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Unveiling an Advanced Manufacturing & Traded Sector Competitiveness Strategy for the United States". The speakers will be Rob Atkinson (ITIF), Roger Kilmer (NIST Manufacturing Extension Partnership), Theresa Kotanchek (Dow Chemical), and Martin Schmidt (Massachusetts Institute of Technology). See, notice. Location: Room 485, Russell Building, Capitol Hill.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Cellco Partnership v. FCC, App. Ct. No. 11-1135. This is a petition for review of the FCC's data roaming order. See, FCC's Second Report and Order [79 pages in PDF], and story titled "FCC Adopts Data Roaming Rules" in TLJ Daily E-Mail Alert No. 2,219, April 7, 2011. See also, FCC brief [136 pages in PDF], and story titled "FCC Files Brief with Court of Appeals in Challenge to Its Data Roaming Rules" in TLJ Daily E-Mail Alert No. 2,329, January 16, 2012. Judges Tatel, Garland, and Griffith will preside. This is the third item on the Court's agenda. Location: Courtroom 11, 4th floor, Prettyman Courthouse, 333 Constitution Ave., NW.

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.

9:45 AM - 12:00 NOON. The Constitution Project and Georgetown University School of Law (GUSL) will host a panel discussion titled "Plugging National Security Leaks While Preserving Free Speech". The speakers will be Lucy Dalglish (University of Maryland), Dana Priest (Washington Post), Harvey Rishikof, Kenneth Wainstein (Cadwalader Wickersham & Taft), and Laura Donohue (GULS). See, notice. Location: GULS, Gewirz Student Center, 12th Floor, 120 F St., NW.

10:00 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Regulation Nation: The Obama Administration's Regulatory Expansion vs. Jobs and Economic Recovery". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again 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.

10:00 AM - 12:00 NOON. The Senate Banking Committee's (SBC) Subcommittee on Securities, Insurance and Investment will hold a hearing titled "Computerized Trading: What Should the Rules of the Road Be?". The witnesses will be David Lauer, Andrew Brooks (T. Rowe Price), Chris Concannon (Virtu Financial), and Larry Tabb (TABB Group). See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The Federal Election Commission (FEC) will hold a public meeting. The agenda includes consideration of its Draft Advisory Opinion 2012-31 [11 pages in PDF]. AT&T requested this AO. It pertains to political contributions via text messaging. See also, notice in the Federal Register, Vol. 77, No. 180, September 17, 2012, at Pages 57087-57088. Location: FEC, 9th Floor, 999 E St., NW.

10:00 AM - 12:00 NOON. The American Enterprise Institute (AEI) will host a panel discussion titled "US Trade Policy and the Presidential Election". The speakers will be Grant Aldonas (Center for Strategic and International Studies), Jared Bernstein (Center on Budget and Policy Priorities), and Claude Barfield (AEI). See, notice. Location: AEI, 1150 17th St., NW.

12:00 NOON - 1:15 PM. Ruth Milkman, Chief of the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WCT) will speak, answer questions, and receive comments regarding wireless issues. The FCBA states that this is a brown bag lunch hosted by its Wireless Telecommunications Committee. Location: Arnold & Porter, Conference Room 213, 555 12th St., NW.

12:15 - 1:00 PM. The Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP) will host a webcast event to discuss the National Nanotechnology Initiative's (NNI) web site. See, notice in the Federal Register, Vol. 77, No. 178, September 13, 2012, at Page 56681.

12:45 - 1:45 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The Sequestration and the Innovation Landscape". The speakers will be Rob Atkinson (ITIF), Edward Pesicka (Thermo Fisher) and Ronnie Andrews (Life Technologies). See, notice. Location: Russell Building, Capitol Hill.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition, and the Internet will hold a hearing titled "International IP Enforcement: Opening Markets Abroad and Protecting Innovation". Victoria Espinel (U.S. Intellectual Property Enforcement Coordinator) will testify. See, notice. Location: Room 2141, Rayburn Building.

2:00 - 4:00 PM. The House Science Committee's (HSC) Subcommittee on Investigations and Oversight will hold a hearing titled "The Impact of International Technology Transfer on American Research and Development". The witnesses will be Rob Atkinson (Information Technology & Innovation Foundation), Dennis Shea (U.S. China Economic and Security Review Commission), and Robert Holleyman (Business Software Alliance). See, notice. Location: Room 2318, Rayburn Building.

2:00 PM. The House Ways and Means Committee's (HWMC) Subcommittee on Trade will hold a hearing titled "Benefits of Expanding U.S. Services Trade Through an International Services Agreement". See, notice. Ongoing negotiations cover trade in computer, information technology, telecommunications, financial, legal, and other services. Location: Room 1100, Longworth Building.

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 - 7:30 PM. The 463 Communications will host a book event for Robert Atkinson (head of the Information Technology and Innovation Foundation) and Stephen Ezell (ITIF) to talk about their just published book titled "Innovation Economics: The Race for Global Advantage". Location: 300 New Jersey Ave., NW.

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

TIME? The Federal Communications Commission (FCC) will hold its mock auction in advance of Auction 901, which begins on September 27. This will auction high cost universal service subsidies through reverse competitive bidding. It is also titled "Mobility Fund Phase I Auction". See, September 14 Public Notice (DA 12-1456), and notice in the Federal Register, Vol. 77, No. 180, September 17, 2012, at Pages 57085-57086.

TIME? The Office of the U.S. Trade Representative (OUSTR) will hold a hearing regarding Mexico's participation in the negotiation of a Trans Pacific Partnership (TPP) trade agreement. The OUSTR seeks comments on numerous issues, including "electronic commerce issues" and "trade-related intellectual property rights issues". The deadline to submit written requests to present oral testimony is September 4. The deadline to submit written comments is 12:00 NOON on September 4. See, notice in the Federal Register Vol. 77, No. 141, July 23, 2012, at Pages 43131-43133. Location: OUSTR, Rooms 1, and 2, 1724 F St., NW.

The House Commerce Committee (HCC) will hold a hearing titled "The LightSquared Network: An Investigation of the FCC's Role". See, notice. Location: Room 2123, Rayburn Building.

9:30 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Does the PCAST Report Move Spectrum Policy in the Right Direction?". The speakers will be Richard Bennett (ITIF), Michael Calabrese (New America Foundation), and Preston Marshall (University of Southern California). See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

12:00 NOON - 1:30 PM. The Net Caucus will host an panel discussion titled "Internet TV: What Must Congress Do About It? Television Regulations Coming To Your Laptop Soon?" Free. Lunch will be served. Register by contacting rsvp at netcaucus dot org or 202-638-4370. Location: Room B-338, Rayburn Building.

12:00 NOON - 1:30 PM. The Computer and Communications Industry Association (CCIA) and George Washington University (GWU) will host a brown bag lunch titled "Can Trade Agreements Facilitate the Free Flow of Information?: The Trans-Pacific Partnership as a Case Study". The speakers will be Jonathan McHale (Deputy Assistant U.S. Trade Representative for Telecommunications and Electronic Commerce Policy), Jayme White (staff, Senate Finance Committee's Subcommittee on International Trade), Usman Ahmed (eBay), Rashmi Rangnath (Public Knowledge), and Susan Aaronson (GWU). See, notice. Location: GWU, Elliot School of International Affairs, 6th Floor, 1957 E St., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Meet the FCBA President -- A Mentoring Event with Laura Phillips". The speaker will be Laura Phillips (Drinker Biddle). She will address career development, professional growth opportunities, mentoring, and other topics. For more information contact Justin Faulb at faulbjl at gmail dot com or Brendan Carr at BrendanTCarr at gmail dot com. Location: __.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Patent Litigation: Strategies and Techniques". CLE credits. Prices vary. See, notice.

2:00 - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. See, notice in the Federal Register, Vol. 77, No. 174, September 7, 2012, Page 55214. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., NW.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Media Bureau (MB) regarding TiVo's petition [15 pages in PDF] for waiver and clarification of the FCC's rules regarding set top boxes, codified at 47 C.F.R. § 76.640(b)(4)(iii). See, notice in the Federal Register, Vol. 77, No. 173, September 6, 2012, at Pages 54910-54911.

The Supreme Court will hold its opening conference for the October Term 2012.

TIME? The Office of the U.S. Trade Representative (OUSTR) will hold a hearing regarding Canada's participation in the negotiation of a Trans Pacific Partnership (TPP) trade agreement. The OUSTR seeks comments on numerous issues, including "electronic commerce issues" and "trade-related intellectual property rights issues". The deadline to submit written requests to present oral testimony is September 4. The deadline to submit written comments is 12:00 NOON on September 4. See, notice in the Federal Register Vol. 77, No. 141, July 23, 2012, at Pages 43131-43133. Location: OUSTR, Rooms 1, and 2, 1724 F St., NW.

12:00 NOON. The American Bar Association (ABA) will host a webcast panel discussion titled "Making the Most of Your IPad/Tablet -- Tools and Tips for Bar Staff". The speaker will be Tom Mighell. Prices vary. No CLE credits. See, notice.

12:00 NOON. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing 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.

1:00 - 4:00 The Federal Communications Commission's (FCC) Technological Advisory Council will meet. See, notice in the Federal Register, Vol. 77, No. 168, August 29, 2012, at Pages 52332-52333. Location: FCC, Commission Meeting Room, 445 12th St., SW.

1:00 - 4:00 PM. The Department of Commerce's (DOC) National Oceanic and Atmospheric Administration's (NOAA) Advisory Committee on Commercial Remote Sensing (ACCRES) will meet. See, notice in the Federal Register, Vol. 77, No. 181, September 18, 2012, at Pages 57558-57559. Location: NOAA, auditorium, 1301 East West Highway, Silver Spring, MD.

10:00 AM - 12:00 NOON. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Recommendations from the mHealth Task Force". The speakers will include Julius Genachowski (FCC Chairman), Robert Jarrin (Qualcomm), Julian Goldman (Partners Healthcare System), Douglas Trauner (TheCarrot.com), and Robert Atkinson (ITIF). See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

Yom Kippur begins at sundown.

9:00 AM - 12:30 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) First Responder Network Authority Board will meet. See, notice in the Federal Register, Vol. 77, No. 178, September 13, 2012, at Pages 56622-56623. Location: DOC, Secretary's Conference Room, 14th and Constitution Ave., NW.

12:00 NOON - 1:00 PM. The Heritage Foundation will host an event titled "Supreme Court Preview: 2012 Term". The speakers will be Paul Clement (Bancroft) and Thomas Goldstein (Goldstein & Russell), and Todd Gaziano (Heritage). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

2:00 - 4:15 PM. The DC Bar Association will host a panel discussion titled "The Ethics of Outsourcing E-Discovery". The speakers will be Conrad Jacoby (efficientEDD), Thomas Mason (Zuckerman Spaeder), and Ashish Prasad (Discovery Services). The price to attend ranges from $89 to $129.  CLE credits. See, notice. For more information, call 202-626-3488. The DC Bar has a history of barring reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division's (AD) Economic Analysis Group (EAG) will host a presentation titled "Promotional Reviews: An Empirical Investigation of Online Review Manipulation". The speaker will be Judy Chevalier (Yale School of Management and NBER). See, paper with the same title by Chevalier, Yaniv Dover (Dartmouth) and Dina Mayzlin (USC). For more information, contact Gloria Sheu at gloria dot sheu at usdoj dot gov or 202-532-4932 or Nathan Miller at nathan dot miller at usdoj dot gov or 202-307-3773. Location: Liberty Square Building, EAG conference room, LSB 9429, 450 5th St., NW.

4:00 - 5:30 PM. The George Mason University School of Law's Information Economy Project will host a lecture by Bronwyn Howell titled "Regulating Broadband Networks". Free. See, notice. Location: GMU law school, Founder's Hall, Room 111, 3301 Fairfax Drive, Arlington, VA.

EXTENDED TO OCTOBER 25. Deadline to submit initial comments to the Copyright Office (CO) regarding proposed changes to CO regulations for reporting Monthly and Annual Statements of Account for the making and distribution of phonorecords under the compulsory license. See, original notice in the Federal Register (FR), Vol. 77, No. 145, Friday, July 27, 2012, at Pages 44179-44197, and extension notice in the FR, Vol. 77, No. 176, September 11, 2012, at Pages 55783-55784.

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).

12:30 - 1:30 PM. The American Intellectual Property Law Association (AIPLA) will host a webcast panel discussion titled "USPTO Statistics Initiative". The speakers will be Manny Schecter (IBM), Bradley Forrest (Schwegman Lundberg & Woessner), David Wiley (USPTO). CLE credits. Prices vary. See, notice.

12:30 - 2:00 PM. The American Bar Association (ABA) will host an on site and teleconferenced panel discussion titled "Recent US Free Trade Agreements: Where We Are and Where We Are Going". The speakers will be Claudia Candela (Director of Trade, Colombia Trade Bureau), Everett Eisensstat (Trade Counsel, Senate Finance Committee), Elif Eroglu (US Customs and Border Protection), and Felicia Nowels (Akerman Senterfitt). No CLE credits. Prices vary. See, notice. Location: Akerman Senterfitt, Suite 750, 750 9th St., NW.

EXTENDED TO OCTOBER 19. Deadline to submit comments to the Copyright Office (CO) in response to its Notice of Inquiry (NOI) regarding creating a small copyright claims process. See, extension notice in the Federal Register, Vol. 77, No. 179, September 14, 2012, at Pages 56874-56875.