9/19. The House is scheduled to consider HR 6429 [LOC | WW | PDF], the "STEM Jobs Act of 2012", under suspension of the rules, on Thursday, September 20, 2012. The House is moving very rapidly. Rep. Lamar Smith (R-TX) released a draft of this bill on September 14, and introduced it on September 18.

Rep. Smith stated in a release on September 18 that his bill would make the "immigration system smarter by eliminating the diversity visa program and reallocating up to 55,000 new green cards to the best foreign graduates with advanced degrees in STEM fields. This legislation will help us create jobs, increase our competitiveness, and spur our innovation

Rep. Zoe Lofgren (D-CA) is the sponsor of a competing STEM visa bill, HR 6412 [LOC | WW | PDF], the "Attracting the Best and Brightest Act of 2012". She introduced her bill on September 14. She sent a letter on September 19 to members of the House expressing her opposition to HR 6429, and her intent to vote against it.

See, stories titled "House to Consider STEM Visa Bill" and "Rep. Lofgren Introduces Alternative STEM Visa Bill" in TLJ Daily E-Mail Alert No. 2,448, September 14, 2012.

Rep. Smith's bill is cosponsored by 44 Republicans and one Democrat. Rep. Logren's bill is cosponsored by Democrats.

Both Rep. Smith's and Rep. Lofgren's bill would create similar visa programs for aliens with advanced degrees from U.S. universities in science, technology, engineering, or mathematics (STEM). Much of Rep. Lofgren's opposition to Rep. Smith's bill arises out of its non-STEM visa related provisions.

For example, she complained that it would "eliminate the Diversity Visa program -- a legal immigration program that makes visas available to immigrants from countries that have low rates of immigration to the United States. I oppose being forced to eliminate one immigration program to support another."

Rep. Lofgren (at right) also wrote that Rep. Smith's bill is "designed to reduce legal immigration to the United States. Under current law, unused visas in one immigration category are made available to immigrants in other categories ... But the Republican bill does not allow for such rollover ..."

She also argued that the STEM visa provisions in the two bills are different. She wrote that Rep. Smith's bill "allows for-profit and on-line schools to participate. ... I cannot support a bill that will allow such schools to essentially sell visas to young foreigners overseas."

Actually, for profit universities account for a small percentage of post secondary degrees. Moreover, the relevant language in Rep. Smith's bill is this: "courses in a field of science, technology, engineering, or mathematics, including all courses taken by correspondence (including courses offered by telecommunications) or by distance education, while physically present in the United States." (Parentheses in original.) The reference to selling visas to "foreigners overseas" is inconsistent with the bill's "physically present in the United States" requirement.

Rep. Lofgren's concerns may include the huge University of Phoenix (UP), a for profit university based in Arizona with campuses and other facilities located around the U.S. The UP relies extensively on online courses. However, a review of its web site shows that it offers only one doctoral program that might qualify as STEM under Rep. Smith's bill -- a program titled "Doctor of Management in Organizational Leadership/Information Systems and Technology".

It might be noted that Howard Schmidt, who was President Obama's Cyber Security Coordinator until May of this year, and was previously Microsoft's Chief Security Officer, holds an undergraduate and masters degree from the UP.

9/19. Lanny Breuer, Assistant Attorney General in charge of the Department of Justice's (DOJ) Criminal Division, gave a speech at Fordham University law school in which criticized efforts to reform the Electronic Communications Privacy Act (ECPA), and advocated more data retention by internet service providers.

He began by discussing the problem of cyber crime, which he called "perhaps the most comprehensive threat of all to our safety and security". He reviewed two recent cyber crime cases -- the Mijangos "sextortion" case (see, FBI's September 1, 2011 release) and the Coreflood botnet case (see, April 11, 2011 DOJ release). He then criticized ECPA reform proposals, and advocated more data retention, in order to further law enforcement efforts to investigate and prosecute cyber crimes.

Breuer (at right) said that "to investigate and prosecute cybercrime cases effectively, law enforcement needs access to electronic information, and we often need to obtain this information from Internet Service Providers, or ISPs, and other communications providers. As these companies connect phone calls, deliver email and maintain social networking pages, they accumulate records about who is saying what, when and to whom, and these records constitute key sources of evidence in our cases -- and not just in our cybercrime cases. Gang members, insider traders, drug traffickers and purveyors of child pornography, for example, often leave electronic trails of their crimes."

ECPA Reform. He said that the ECPA "establishes a framework for law enforcement access to stored electronic communications data."

He continued that the ECPA "attempts to strike the right balance between privacy and public safety. Whether it does so is the subject of ongoing debate in Congress and across the country. We can all relate to the desire that our online information remain private. At the same time, law enforcement often depends upon this information to catch cybercriminals and other dangerous offenders."

"Some have suggested that ECPA should be amended to require law enforcement officers to obtain a search warrant based on probable cause for most types of electronic evidence. But, making it more difficult to obtain electronic evidence would hamper, in significant ways, our ability to build cases."

He did not mention by name the Digital Due Process (DDP) coalition, list its proposals, or cite the pending bills that would enact into law some of its proposals. Nevertheless, his speech was likely directed at these proposals.

See, related story in this issue titled "Rep. Nadler Introduces ECPA Reform Bill".

On March 30, 2010, a coalition of companies and groups named DDP announced a set of four principles which they argue should be incorporated into the federal statutes that regulate government searches and seizures of stored communications and data.

Two of these are proposals would require warrants. First, "The government should obtain a search warrant based on probable cause before it can track, prospectively or retrospectively, the location of a cell phone or other mobile communications device." Second, "The government should obtain a search warrant based on probable cause before it can compel a service provider to disclose a user’s private communications or documents stored online."

The third DPP recommendation is that "Before obtaining transactional data in real time about when and with whom an individual communicates using email, instant messaging, text messaging, the telephone or any other communications technology, the government should demonstrate to a court that such data is relevant to an authorized criminal investigation."

The fourth is that "Before obtaining transactional data about multiple unidentified users of communications or other online services when trying to track down a suspect, the government should first demonstrate to a court that the data is needed for its criminal investigation."

The membership of the DDP includes Adobe, Amazon, eBay, Google, IBM, Intel, HP, LinkedIn, Microsoft, Salesforce.com, and other companies. It also includes AT&T, Century Link and some other wireless service providers as members. It also includes most of the major technology groups, including the Association for Competitive Technology (ACT), Business Software Association (BSA), Center for Democracy and Technology (CDT), Computer and Communications Industry Association (CCIA), Information Technology and Innovation Foundation (ITIF), Software and Information Industry Association (SIIA), Tech America, Tech Freedom, Telecommunications Industry Association (TIA), and other information and communications technology groups. The membership also includes the ACLU and other groups.

See also, story titled "Digital Due Process Coalition Proposes Changes to Federal Surveillance Law" in TLJ Daily E-Mail Alert No. 2,068, March 31, 2010.

Data Retention. Breuer said that "ISPs delete the data too quickly".

He elaborated that "Agents usually do not start out an investigation by intercepting the email of a suspect in real time, searching his house or listening to her phone conversations, because we typically lack probable cause for a search warrant or a wiretap at the investigation’s outset. We must use other, less-intrusive techniques, such as subpoenas and court orders, to collect the information we need to develop our case.  For example, we often seek access to less sensitive records -- such as an ISP's billing records -- as building blocks to establish probable cause."

But, he said, "too often, we find that ISPs and other communications providers have deleted critical online data". He said that this "lack of data retention by ISPs and other providers is a serious problem and one that many within and outside the Department of Justice have recognized."

However, he did not specifically endorse either the House or Senate data retention bills.

There was a major effort to pass a data retention bill just over one year ago. Rep. Lamar Smith (R-TX) introduced HR 1981 [LOC | WW], on May 25, 2011. It would have amended 18 U.S.C. § 2703, a section of the Stored Communications Act (SCA), which is part of the ECPA, to add broad additional data retention mandates for any "electronic communications service" (ECS) or "remote computing service" (RCS) provider. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism and Homeland Security held a hearing on HR 1981 on July 12, 2011. See, story titled "House Crime Subcommittee Holds Hearing on Data Retention Mandate Bill" in TLJ Daily E-Mail Alert No. 2,257, July 13, 2011. For a summary of the bill as introduced, see story titled "Summary of HR 1981, Data Retention Mandate Bill" in the same issue.

On July 26 the HJC released a manager's amendment (MA). For a summary of this MA, see story titled "Summary of Manager's Amendment to Data Retention Bill" in TLJ Daily E-Mail Alert No. 2,271, July 27, 2011.

The HJC began its mark up the bill on July 27. See, story titled "House Judiciary Committee Begins Mark Up of Data Retention Bill" in TLJ Daily E-Mail Alert No. 2,272, July 28, 2011. The HJC completed its mark up on July 28. See, seven stories in TLJ Daily E-Mail Alert No. 2,278, August 3, 2011.

However, the House did not pass the bill. And, the Senate has not passed a data retention  bill. However, just before the August recess this year, the HJC and full House passed HR 6063 [LOC | WW], which is the remnants of HR 1981, but without its data retention language. See, story titled "Rep. Smith Introduces Rump of Data Retention Bill" TLJ Daily E-Mail Alert No. 2,405, July 9, 2012.

8/2. Rep. Jerrold Nadler (D-NY) and Rep. John Conyers (D-MI) introduced HR 6339 [LOC | WW], the "Electronic Communications Privacy Act Modernization Act of 2012" on August 2, 2012.

Rep. Nadler (at right) stated in a release that the "ECPA was passed in 1986, well before we commonly used the Internet for e-mail, much less for 'cloud computing' and remote storage".

He added that "Communications technology is evolving at an exponential rate and, as such, requires corresponding updates to our privacy laws. This new legislation will ensure that ECPA strikes the right balance between the interests and needs of law enforcement and the privacy interests of the American people."

Rep. Conyers stated in this release that "Rapidly advancing technology has made it necessary to update the Electronic Communications Privacy Act ... This bill will both protect the privacy of the information transmitted by digital communications and provide clear standards to guide law enforcement and the courts."

Rep. Nadler's release states that "This legislation adopts the position of the Digital Due Process Coalition, which includes industry leaders Amazon, Apple, AT&T, eBay, Facebook, and Google."

On March 30, 2010, a coalition of companies and groups named Digital Due Process (DDP) announced a set of four principles which they argue should be incorporated into the federal statutes that regulate government searches and seizures of stored communications and data. See, story titled "Digital Due Process Coalition Proposes Changes to Federal Surveillance Law" in TLJ Daily E-Mail Alert No. 2,068, March 31, 2010.

One of these principles states that "The government should obtain a search warrant based on probable cause before it can compel a service provider to disclose a user's private communications or documents stored online." Another is that "The government should obtain a search warrant based on probable cause before it can track, prospectively or retrospectively, the location of a cell phone or other mobile communications device."

This bill would, among other things, amend 18 U.S.C. § 2703 to provide that "A governmental entity may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is stored, held or maintained by that service only pursuant to -- (A) a warrant complying with the Federal Rules of Criminal Procedure and issued by a court with jurisdiction over the offense under investigation or equivalent State warrant; or (B) a court under" the Foreign Intelligence Surveillance Act (FISA).

(TLJ note: perhaps there is an omission here, and the word "order" should follow the word "court" in subpart (B).)

This bill would not, however, implement the DPP's recommendation that a warrant be required to track the location of a mobile device. However, a related bill in the Senate does address this. See, S 1011 [LOC | WW], the "Electronic Communications Privacy Act Amendments Act of 2011", introduced by Sen. Patrick Leahy (D-VT) on May 17, 2011. It was referred to the Senate Judiciary Committee (SJC), which has not yet approved it.

Robert Holleyman, head of the Business Software Alliance (BSA), stated in a release that "Rapid technology innovation has rendered ECPA archaic ... The current law was enacted before most people had ever heard of the Internet, much less come to rely on email. So now, instead of consistent rules for law enforcement access to communications, we have a confusing patchwork. The files you store on your computer, on a network, or in the cloud are subject to different standards than the ones you print and save in your desk drawer. That can't go on. Digital files have to be subject to the same laws as paper."

"Reforming ECPA is critical to spur the growth of cloud computing," Holleyman said. "Any country that wants to succeed in the cloud needs clear and consistent rules to protect users' privacy while enabling the free flow of data and commerce. One of the problems US cloud providers face today is other countries casting doubt on our privacy and security laws. Reforming ECPA would send a strong signal that America intends to remain a leader in the cloud."

9/13. The House Intelligence Committee (HIC) held a hearing titled "National Security Threats Posed by Chinese Telecom Companies Working in the U.S." Charles Ding (Corporate SVP of Huawei) and Zhu Jinyun (SVP for North America and Europe, ZTE) argued that their companies are independent of the government and military of the People's Republic of China (PRC) and do not present security threats to the US or US businesses.

The HIC sent letters to Huawei and ZTE in June requesting information. See, letter to ZTE USA CEO Lixin Chen, and similar letter to ZTE Chairman Weigui Hu. See also, letter to Huawei Technologies Co., LTD. SVP Charles Ding, and similar letter to Chairman Ren Zhengfei. See also, story titled "Rep. Rogers and Rep. Ruppersburger Write Huawei and ZTE and About Ties to PRC Government" in TLJ Daily E-Mail Alert No. 2,395, June 13, 2012.

Members of the HIC, and other members of Congress have long expressed national security concerns about these two companies. See, stories titled:

• "Legislators Write Genachowski Regarding FCC Authority to Regulate Purchase of Telecom Equipment from PRC" in TLJ Daily E-Mail Alert No. 2,142, October 19, 2010.
• "House Intelligence Committee Launches Investigation of Huawei" in TLJ Daily E-Mail Alert No. 2,313, October 22, 2011.
• "SASC Approves Defense Authorization Bill with Cyber Warfare and ICT Provisions" in TLJ Daily E-Mail Alert No. 2,397, June 15, 2012.
• "US China Commission Reports that PRC Uses Foreign Assistance to Promote Its Telecom Sector" in TLJ Daily E-Mail Alert No. 2,300, September 13, 2011.

Rep. Mike Rogers (R-MI), the Chairman of the HIC, wrote in his opening statement that "We have heard reports about backdoors or unexplained beaconing from the equipment sold by both companies. And our sources overseas tell us that there is a reason to question whether the companies are tied to the Chinese government or whether their equipment is as it appears."

"We have heard reports about their attempts to steal the trade secrets of other companies, which gives them a competitive advantage and makes us question their ability to abide by any rules", said Rep. Rogers. "Chinese actors are also the world’s most active and persistent perpetrators of economic espionage".

"U.S. firms and cybersecurity specialists speak about an on-going onslaught of sophisticated computer network intrusions originating in China, that are almost certainly the work of, or done at the backing of, the Chinese government." He continued that "Defending against the risk of cyber attacks becomes a bigger challenge when the system itself cannot be trusted. When the equipment and software is provided by companies we cannot trust, then we must constantly worry whether our systems our going to work against us."

Rep. Rogers  stated that "A sophisticated nation-state actor like China has the motive to tamper with the global telecommunications supply chain ..." and "Huawei and ZTE provide a wealth of opportunities for Chinese intelligence agencies to insert malicious hardware or software implants into critical telecommunications components and systems. And under Chinese law, ZTE and Huawei would likely be required to cooperate with any request by the Chinese government to use their systems or access for malicious purposes."

Rep. Rogers wrote that the HIC "has been disappointed that the companies provided little actual evidence to ameliorate the Committee's concerns. In particular, they did not provide documentation supporting or confirming their claims about their formal relationships or regulatory interaction with Chinese authorities, corporate structure, ownership, operations, or management. We were willing to work with both companies, to find a reasonable way to answer our documents requests. But the companies refused, apparently because to turn over internal corporate documents would potentially violate China’s state-secret laws. It is strange the internal corporate documents of purportedly private sector firms are considered classified secrets in China. This fact alone gives us a reason to question their independence."

Rep. Dutch Ruppersburger (D-MD), the ranking Democrat on the HIC, wrote in his opening statement that "both companies, Huawei and ZTE, were created and headquartered in China, a country known to aggressively conducts cyber espionage, raises issues. And add to that… the fear that China, a communist country, could compel these companies to provide it information or worse yet spy on Americans using this equipment."

He added that "We were disappointed with the lack of direct answers to our in-person questions and vague responses to our letter."

Charles Ding of Huawei wrote in his prepared testimony that many US IT and telecommunications companies already "have substantial operations in China, and much equipment used in U.S. networks is developed and manufactured in China."

Ding also argued that Huawei has strong incentives, and does in fact strive, to provide cyber security for its customers around the world. "Ensuring cyber security is essential for Huawei’s customers. It is also good for our business. Huawei intends to continue as a leading world-wide supplier of telecommunications equipment and services. As a global company that earns a large part of its revenue from markets outside of China, we know that any improper behavior would blemish our reputation, would have an adverse effect in the global market, and ultimately would strike a fatal blow to the company’s business operations. Our customers throughout the world trust Huawei. We will never do anything that undermines that trust. It would be immensely foolish for Huawei to risk involvement in national security or economic espionage."

He reiterated, "Huawei has not and will not jeopardize our global commercial success nor the integrity of our customers’ networks for any third party, government or otherwise. Ever."

"Like any corporation, Huawei complies in good faith with the laws, rules, and regulations of the governments in the countries where it does business. Thus, Huawei complies with the laws, rules, and regulations of the Chinese government." However, he added that "the Chinese government has no influence over Huawei’s daily operations, investment decisions, profit distributions, or staffing. Nor does the PLA. As previously stated, neither the Chinese government nor the PLA has any ownership interest in Huawei", and "Huawei does not engage in customized R&D or production for military purposes."

He also said that "we have been hindered by unsubstantiated, non-specific concerns that Huawei poses a security threat."

Zhu Jinyun of ZTE wrote in his prepared testimony that ZTE wants an "open and equal opportunity to compete in the United States".

"ZTE’s path has never been government-directed. ZTE started as, and remains today, a company of telecom equipment engineers who pursue commercial opportunity and social responsibility in product innovation." He said that "ZTE is not an SOE or government controlled. Indeed, ZTE is China’s most independent, transparent, globally focused, publicly traded telecom company."

He wrote that the U.S. Defense Department and Department (DOD) of Homeland Security (DHS) have advised Congress that the most effective cyber protection is universal application of equipment standards and Trusted Delivery Models. He then argued that "Not only is ZTE’s equipment certified according to the most advanced standards, ZTE has offered a state of the art Trusted Delivery Model to US telecom equipment purchasers since 2010."

He argued that ZTE is promoting cyber security.

He asked a rhetorical question, "would ZTE grant China’s government access to ZTE telecom infrastructure equipment for a cyber attack?" He then answered his question, "emphatically: no! China’s government has never made such a request. We expect the Chinese government never to make such a request of ZTE. If such a request were made, ZTE would be bound by US law."

Like Charles Ding of Huawei, he stated that if there is a security threat posed by manufacturing in the PRC, then the US is already deeply exposed, because many US companies have "joint venture partners and suppliers" in the PRC, and "virtually all of the telecom equipment now sold in the United States and throughout the world contains components made, in whole or in part, in China".

He also argued that "Proposals that specific Chinese companies be excluded from the US market, either directly or indirectly, would constitute obvious unfair trade practices and are so narrow that they would provide no meaningful solution in support of US cyber security."

9/10. A delegation from the  People's Republic of China's (PRC) State Administration for Industry and Commerce of China (SAIC) visited the U.S. Patent and Trademark Office (USPTO) on September 10, 2012. Minister Zhou Bohua, USPTO Director David Kappos and others met for about four hours.

The USPTO disclosed in a statement, written by Director Kappos and Mark Cohen, that "Minister Zhou toured USPTO headquarters, met on a government to government basis with USPTO and colleagues" from the Office of the United States Trade Representative (OUSTR), Department of Justice (DOJ) and Federal Trade Commission (FTC), and later met with representatives from the U.S. Chamber of Commerce, International Trademark Association (INTA), American Intellectual Property Law Association (AIPLA), Licensing Executives Society (LES) and the US-China Business Council.

The USPTO stated that in recent years the USPTO and SAIC have discussed "training of examiners and translation of our Trademark Manual of Examining Procedure (TMEP) into Chinese; training on three dimensional and sound trademarks; exchanging information on protection of geographical indications; discussion of measures to deal with abusive trademark registrations; discussions on trademark dilution and well-known marks; training in on-line counterfeiting and IP infringement; and encouraging SAIC to develop an on-line trademark database including an English language search interface".

Trade Secrets. The USPTO stated that "Minister Zhou was candid in acknowledging that theft of trade secrets affects Chinese and foreign companies alike and due to restrictions on evidence gathering and other compulsory measures by administrative agencies, SAIC’s administrative enforcement cases to date have been relatively modest matters brought mostly against small companies or individuals. Under current Chinese law, he believed that the courts and police are better equipped to handle complex trade secret theft cases."

IPR and Antitrust. The USPTO stated that "SAIC also discussed the fifth draft of its guidelines on handling of IPR in antitrust matters. We urged that these guidelines will be available for public comment. On the substance, Minister Zhou did state that SAIC did not view intellectual property and antitrust law as contradictory concepts; both laws have a goal of promoting market efficiency and innovation. Minister Zhou advised that SAIC would only investigate licensing transactions that hurt competition, and that his agency has not yet had one case in this area since the law’s passage (2008), although it had prosecuted 16 antimonopoly enforcement cases. Minister Zhou welcomed the USPTO’s participation in this area, and noted that he was working closely with our colleagues from USDOJ and FTC on the IPR guidelines."

The USPTO statement also addresses the Apple trademark dispute in the PRC, trademark pendency, and revisions to PRC trademark law.

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.

The Senate will meet at 9:30 AM. At 2:00 PM the Senate may vote on the motion to proceed HJRes 117, a joint resolution making continuing appropriations for fiscal year 2013.

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.

POSTPONED. 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.

3:00 - 4:00 PM. The Heritage Foundation (HF) will host a program titled "The U.S. Trade Agenda: Where Do We Go From Here?". The speaker will be Rep. David Dreier (R-CA). See, notice. Location: HF, 214 Massachusetts Ave., NE.

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.

The Federal Communications Commission's (FCC) Auction 901 is scheduled to begin. This will auction high cost universal service subsidies through reverse competitive bidding. It is also titled "Mobility Fund Phase I Auction". See, Public Notice (PN) [21 pages in PDF] released on February 2, 2012. It is DA 12-121 in AU Docket No. 12-25. See also, notice in the Federal Register (FR), Vol. 77, No. 28, February 10, 2012, at Pages 7152-7162, notice in the FR, Vol. 77, No. 46, March 8, 2012, at Pages 14012-14014, and notice in the FR, Vol. 77, No. 105, May 31, 2012, at Pages 32092-32111. See also, September 14 Public Notice (DA 12-1456), and notice in the FR, Vol. 77, No. 180, September 17, 2012, at Pages 57085-57086.

12:00 NOON - 1:15 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and teleconferenced panel discussion titled "Effects of Patent Assertion Entities on Competition and Innovation". The speakers will be Andrea Murino (Wilson Sonsini), Robert Harris (Charles River Associates), Margaret Ward (Jones Day), and Jeffrey Wilder (DOJ Antitrust Division). Free. No CLE credits. See, notice. Location: Wilson Sonsini, 5th floor, 1700 K St., NW.

12:00 NOON - 2:30 PM. The Federalist Society will host a panel discussion titled "Supreme Court Preview: What Is in Store for October Term 2012?". The speakers will be Tom Goldstein (Goldstein & Russell), Nicholas Rosenkranz (Georgetown University Law Center), Carrie Severino (Judicial Crisis Network), Stuart Taylor (National Journal), Kenneth Wainstein (Cadwalader Wickersham & Taft), and Pete Williams (NBC News). See, notice and registration page. Location: National Press Club, 529 14th St., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Counsel or iCounsel: Ethical and Practical Issues in Using Artificial Intelligence in E-Discovery". The speakers will be John Barkett (Shook Hardy & Bacon), Julia Brickell (H5), Jeffrey Fowler (O’Melveny & Myers), Dera Nevin (McCarthy Tétrault), and Kris Vann (H5). Prices vary. CLE credits. See, notice.

5:00 PM. The University of Maryland's (UM) Cyber Security Center will host a presentation titled "The State of the Hack" by Kevin Mandia (CEO of Mandiant). This event is free, and open to the public, but registration is required. See, notice. Location: UM, Kim Engineering Building Lecture Hall, Room 1110, MD.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "An Evening with a Hacker". Prices vary. CLE credits. See, notice. The deadline for registrations and cancellations is 12:00 NOON on September 26, 2012. Location: Bingham & McCutcheon, 2020 K St., NW.

9/19. The Government Accountability Office (GAO) released a report [33 pages in PDF] titled "Next Generation Enterprise Network: Navy Implementing Revised Approach, but Improvement Needed in Mitigating Risks".

9/17. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its final NIST SP 800-30, Revision 1 [95 pages in PDF] titled "Guide for Conducting Risk Assessments".

9/12. The Information Technology and Innovation Foundation (ITIF) released a report [33 pages in PDF] titled "Comparing the 2012 Presidential Candidates' Technology and Innovation Policies".

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