10/4. Federal Communications Commission (FCC) Chairman Julius Genachowski gave a long speech [12 pages in PDF] in Philadelphia, Pennsylvania in which he addressed wireless technologies, making more spectrum available for commercial services, more efficient use of spectrum, and unlicensed use of spectrum.

It was a political speech, spinning history to give credit to President Obama, and to Genachowski's and former Chairman Reed Hundt's efforts. It was also a self-congratulatory rebuttal to comments that his FCC has not actually auctioned any spectrum for mobile broadband, and has been pushing for too much unlicensed use of spectrum.

Genachowski (at left) has given numerous spectrum crunch speeches. His FCC staff wrote a lengthy plan, released in 2010. And, President Obama has signed an order, and declared a spectrum goal. Nevertheless, the FCC has not auctioned any spectrum for mobile broadband use under the leadership of Genachowski.

He used this speech to offer his take on the recent history of spectrum allocation.

He said that when he returned to the FCC in 2009 "the spectrum pipeline we inherited was largely dry. The year before, the FCC auctioned off a significant amount of spectrum in the 700 MHz band. That, by the way, was the direct result of policy decisions made in the late 1990s under Chairman Reed Hundt."

He said that "This highlights an important fact about freeing up spectrum for broadband. It takes several years to bring new spectrum to consumers through traditional reallocation and auctioning of spectrum. But while FCC auctions in the 2000s were in many respects a big success, the FCC didn't in those years replenish the spectrum pipeline. When I returned to the agency in 2009, we had our work cut out for us. And we've been working."

He discussed the FCC's March 2010 staff report titled "National Broadband Plan". And, he said that while the FCC has not actually auctioned any spectrum, "we are on track" to do so.

He said that "We are on track to auction 75 MHz of licensed Advanced Wireless Service spectrum -- essential for 4G cellular service -- by 2015. This includes an auction of shared rights to the 1755-1780 MHz band, which could be paired with the 2155-2180 MHz band already in inventory to extend the valuable AWS band by 50 MHz. We expect the first of these auctions -- of the AWS-2 H-block -- will happen in 2013, and the revenue generated will serve as a down-payment on funding a nationwide Public Safety Network and to reduce the deficit."

Second, he said, there is "removing regulatory barriers to flexible spectrum use. Later this year, we will finish removing outdated rules and restrictions on 70 MHz of spectrum. This includes 40 megahertz of mobile satellite spectrum that I expect the Commission will repurpose for land-based mobile use, and 30 megahertz in the long-troubled Wireless Communications Service band that is now poised to be used for LTE service. We're also working with stakeholders to enable use of the portions of the mobile satellite spectrum in the L- and BIG LEO bands for terrestrial service, and this would add to our megahertz total."

Third, there are the forthcoming incentive auctions provided for by the Congress in February in HR 3630 [LOC | WW]. Genachowski said that this will enable the repurposing of broadcast television spectrum in the 600 MHz band for mobile broadband.

He added that incentive auctions were in the FCC's 2010 report, and that "Last Friday we launched a proceeding to implement this idea, and expect to hold the world’s first incentive auction in 2014." See, Notice of Proposed Rulemaking, and story titled "FCC Adopts NPRM on Incentive Auctions" in TLJ Daily E-Mail Alert No. 2,455, October 1, 2012.

Fourth, he said that there is "dynamic sharing". He asserted that "In 2010 we created a new spectrum sharing paradigm by allowing unlicensed devices to access valuable unused spectrum in between broadcast TV channels -- known as white spaces".

Actually, the FCC created this paradigm in 2008, and Genachowski claims credit for the work of others. On October 15, 2008, the FCC's Office of Engineering and Technology (OET) released a report [146 pages in PDF] titled "Evaluation of the Performance of Prototype TV-Band White Space Devices Phase II". See, story titled "FCC Releases White Space Report" in TLJ Daily E-Mail Alert No. 1,844, October 16, 2008.

Then, on November 4, 2008, the FCC adopted white space rules in its Second Report and Order and Memorandum Opinion and Order [130 pages in PDF]. See, story titled "FCC Adopts White Space Order" in TLJ Daily E-Mail Alert No. 1,852, November 4, 2008.

Then, he concluded, "So with 75 MHz from traditional auctions, 70 MHz from removing regulatory barriers, 100 MHz from dynamic sharing, and significant spectrum from incentive auctions, reallocations of government spectrum, and white spaces, we are on track to exceed the 300 MHz target by 2015."

Genachowski also said that the FCC is "promoting competition, reducing barriers to broadband build-out and driving broadband investment". For example, it is "implementing a ``shot clock´´ for wireless tower siting, modernizing rules related to pole attachments, and reforming our rules for wireless backhaul." It is also "removing barriers to collocating antennas, and streamlining access to rights of ways."

He said the to accommodate ever more users, there must be both "technology and business innovations that dramatically increase spectrum efficiency", and "legislation to drive reallocation of inefficiently used government spectrum".

He advocated "spectrum sharing". He said that "From the perspective of military and other government spectrum users, sharing can help narrow the growing gap between government and commercial communications equipment, a gap characterized by a widening disparity in both functionality and price."

Finally, he defended his advocacy of unlicensed spectrum use, including for WiFi.

"Some disagree with this approach. Earlier this year, there was an effort in Congress to prohibit the FCC from designating any TV band spectrum repurposed through the incentive auction for unlicensed use. And just last week, one of my colleagues at the Commission suggested that the FCC significantly limit unlicensed opportunities in the spectrum freed up by incentive auctions".

He argued that "expanded unlicensed use" is both "forward-thinking and forward-acting".

"Launching a war on the kinds of ideas that gave us Wi-Fi would be a self-inflicted wound to U.S. innovation and economic leadership."

10/5. The Federal Communications Commission's (FCC) Enforcement Bureau issued two citations to individuals who offered for sale online cell phone jamming devices.

The FCC stated that they violated FCC rules promulgated pursuant to 47 U.S.C. § 302a. Subsection 302a(b) provides that "No person shall manufacture, import, sell, offer for sale, or ship devices or home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section." Subsection 302a(a) provides in part that the FCC may promulgate regulation "governing the interference potential of devices which in their operation are capable of emitting radio frequency energy by radiation, conduction, or other means in sufficient degree to cause harmful interference to radio communications".

And, 47 U.S.C. § 503(b) provides that the FCC may impose a "forfeiture penalty" for violation of these rules.

One citation [11 pages in PDF] is directed to an individual named Richard Naparty, who listed a cell phone jammer on the Craigslist web site. The second citation [9 pages in PDF]] is directed to James Christopher Garcia, who also listed a cell phone jammer via Craigslist. The FCC did not cite Craigslist.

These citations impose no fines or other penalties. Moreover, since Naparty and Garcia are not FCC licensees, the FCC has limited leverage over them. However, the citations state that the FCC "may impose monetary forfeitures of up to $16,000 for each such violation or, in the case of a continuing violation, the Commission may impose monetary forfeitures of up to $16,000 for each day of such continuing violation".

Both citations state that "Jamming devices, such as cell phone jammers and GPS blockers, pose serious risks to critical public safety communications and can prevent individuals from making 9-1-1 and other emergency calls. Jammers can also interfere with law enforcement communications. You should take immediate steps to come into compliance and to avoid any recurrence of this misconduct. For example, any operation of a signal jammer must cease immediately, and you are strongly encouraged to voluntarily relinquish any jamming device(s) remaining in your possession. You also may not advertise jamming devices for sale to any consumer in the United States through Craigslist or through any other means."

These citations are DA 12-1591 and DA 12-1592.

10/5. The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) released employment data for the U.S. for the month of September 2012.

The BLS stated in a release that the seasonally adjusted unemployment rate in the US in September was 7.8%. This is a decrease from the 8.1% rate in August, and 8.3% in July. The unemployment rate had held steady in the range of 8.1% to 8.3% for the first eight months of this year.

Table B-1 attached to the BLS report reveals employment trends in various industry sectors, including information and communications technology (ICT) sectors.

The BLS's categories do not facilitate precise analysis of trends in ICT sectors. Nevertheless, the data set out in the table below contains ICT related categories, taken from BLS Table B-1.

While the overall employment rate dropped, ICT related sectors did not fare well in September. Employment in all four of the ICT related manufacturing sectors dropped in September. Overall employment in ICT related services sectors also dropped. However, in the category of professional services, employment in the subcategory of "Computer systems design & related services" rose in September. Also, employment in this sector is up significantly from a year ago.

While overall unemployment dropped, much of the employment gains came in government or quasi-government categories. The BLS reported that "total nonfarm payroll employment rose by 114,000". But, 43,500 of this gain came in "health care", 13,600 came in "state government education", and 6,800 came in "Federal, except Post Office". Also, there were large gains in some low end categories. For example, the BLS reported a gain of 15,700 jobs in "food services and drinking places".

The table below contains ICT related excerpts from the BLS table titled "Table B-1. Employees on nonfarm payrolls by industry sector and selected industry detail". This is the seasonally adjusted data.

Also, while the BLS reported that unemployment dropped from 8.1% to 7.8%, and total nonfarm payroll employment rose by 114,000, an examination of the data suggests even greater improvement in September.

The government collects data from two sources -- households (that is, its survey of individuals) and establishments (reports from businesses that employ people). The unemployment rate (7.8%) is based on household data. The total nonfarm payroll employment gain (114,000) is based on establishment data.

The household data also reveals not only that the unemployment rate dropped, but that it did so with a large number of persons entering the workforce, and a resulting increase in the labor force participation rate. See, BLS Table A. The participation rate is still lower than it was recent years. But, at least it is up from August.

Moreover, while the establishment data provides the 114,000 figure, the household survey data shows an increase in the total number of persons employed from 142,101,000 in August to 142,974,000 in September. This is a gain of 873,000.

Rep. Allen West (R-FL) wrote in a Facebook comment that "Chicago style politics is at work here. Somehow by manipulation of data we are all of a sudden below 8 percent unemployment, a month from the Presidential election. This is Orwellian to say the least".

Rep. Nancy Pelosi (D-CA) stated in a release that "Today's jobs report marks the lowest unemployment rate in four years, but we have more work to do. Because of President Obama's leadership on the economy, we avoided another depression and now have registered 31 straight months of private sector job growth."

10/4. The Office of the Solicitor General (OSG) filed a petition for writ of certiorari [164 pages in PDF] with the Supreme Court in FTC v. Watson Pharmaceuticals, a case regarding patent litigation reverse payment settlement agreements.

The OSG states that the question presented is "Whether reverse-payment agreements are per se lawful unless the underlying patent litigation was a sham or the patent was obtained by fraud ..., or instead are presumptively anticompetitive and unlawful ..."

The U.S. Court of Appeals (11thCir) held the former in its opinion [39 pages in PDF] issued on April 25, 2012. The OSG and Federal Trade Commission (FTC) urge the Supreme Court to hold the latter.

At issue is the legality of settlements of patent litigation, brought by patent holders against allegedly infringing generic drug makers, in which the patent holder pays for delay of entry into the market by the generic drug maker.

The FTC filed a complaint in the U.S. District Court (NDGa) alleging that this practice is an unfair restraint on trade and a violation of federal antitrust law. The FTC lost in the District Court, and the Court of Appeals.

This case is FTC v. Watson Pharmaceuticals, Inc., et al., Supreme Court, a petition for writ of certiorari to the U.S. Court of Appeals for the 11th Circuit, App. Ct. No. 10-12729.

10/5. Rick Kaplan will go to work for the National Association of Broadcasters (NAB) as EVP, Strategic Planning, starting on October 22.

He worked at the Federal Communications Commission (FCC) from 2009 until recently, where he held numerous positions, including Chief of Staff to FCC Commissioner Mignon Clyburn, Chief Counsel to FCC Chairman Julius Genachowski, and Chief of the FCC's Wireless Telecommunications Bureau (WTB).

The NAB stated in a release that he "will lead NAB's efforts related to spectrum and innovation policy".

He has also worked for the law firm of Sidley Austin and in the House of Representative's Office of the General Counsel. See also, FCC release of May 30, 2012.

9/28. The Department of State (DOS) published a lengthy notice in the Federal Register regarding the process for applying for diversity visas. The diversity visa program does nothing to promote innovation, technological advances, or the tech sector. However, HR 6429 [LOC | WW | PDF], the "STEM Jobs Act of 2012" would eliminate this program, and replace it with a comparably sized STEM visa program, that would provide 55,000 visas per year to aliens with Ph.D.s, and then Masters degrees, in math, science, engineering or technology (STEM) fields. The House rejected HR 6429 in a suspension vote (which required a two thirds majority for passage) on September 20, 2012. See, story titled "House Rejects STEM Visas Bill in Suspension Vote" in TLJ Daily E-Mail Alert No. 2,452, September 20, 2012.

9/27. The Federal Trade Commission (FTC) published a notice in the Federal Register (FR) that announces, describes, recites, and sets the effective date for, its revised Rules of Practice, codified at 16 C.F.R. Part 2, governing the FTC's nonadjudicative procedures in investigative proceedings. These rules changes take effect on November 9, 2012. See, FR, Vol. 77, No. 188, September 27, 2012, at Pages 59294-59311. The American Bar Association's (ABA) Section of Antitrust Law submitted a comment [9 pages in PDF] on March 22, 2012, that criticized some aspects of the FTC's notice of proposed rulemaking.

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The House will meet at 10:00 AM in pro forma session. It is in recess, except for pro forma sessions, until after the November elections.

The Senate will meet at 1:00 PM in pro forma session. It is in recess, except for pro forma sessions, until November 13, 2012.

The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) is scheduled to release its September 2012 unemployment data.

Day three of a three day conference titled "8th Annual IT Security Automation Conference". See, conference web site and agenda. Location: Baltimore Convention Center, 1 West Pratt Street, Baltimore, MD.

8:30 - 10:00 AM. The New America Foundation (NAF) will host a book presentation. Robert Atkinson (head of the Information Technology and Innovation Foundation) will discuss his just published book [Amazon] titled "Innovation Economics: The Race for Global Advantage". See, ITIF notice. Location: NAF, Suite 400, 1899 L St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ritz Camera & Image v. SanDisk, App. Ct. No. 2012-1183. This is an appeal from the U.S. District Court (NDCal), D.C. No. 10-CV-2787. At issue is whether direct purchasers have standing under the antitrust laws to recover damages for overcharges resulting from a monopoly obtained or maintained through the enforcement of patents procured by fraud. See, District Court opinion at 772 F. Supp. 2d 1100 (2011). See also, FTC/DOJ amicus curiae brief. And see, story titled "FTC/DOJ File Amicus Brief on Antitrust Standing of Direct Purchasers Who Allege Fraud Upon USPTO" in TLJ Daily E-Mail Alert No. 2,386, May 30, 2012. Panel E. This is the fourth case on the agenda. Location: Courtroom 201, National Courts Building, 717 Madison Place, NW.

12:00 NOON - 1:30 PM. The DC Bar Association will host a class titled "iPad for Lawyers". The speaker will be Tasha Coleman. Free. No CLE credits. See, notice. For more information, contact Daniel Mills at 202-626-1312. The DC Bar has a history of barring reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.

12:00 NOON - 2:00 PM. The American Enterprise Institute (AEI) will host an on site and webcast panel discussion titled "Google and anti-trust: The new debate over Internet search". The speakers will be Jeffrey Eisenach (Navigant Economics), Randal Picker (University of Chicago law school), George Priest (Yale law school), Greg Sidak (Criterion Economics), and Nick Schultz (AEI). See, notice. Lunch will be served. Location: AEI, 12th floor, 1150 17th St., NW.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice in Federal Register (FR) requesting comments regarding its proposed changes to its rules of practice in patent cases to implement the changes to the conditions of patentability, to implement the first inventor to file system provisions of the Leahy Smith America Invents Act, and to eliminate the provisions pertaining to statutory invention registrations. See, FR, Vol. 77, No. 144, July 26, 2012, at Pages 43742-43759. See also, story titled "USPTO Announces First Inventor to File NPRM and Roundtable" in TLJ Daily E-Mail Alert No. 2,430, August 16, 2012.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice in Federal Register (FR) requesting comments regarding its proposed changes to its examination guidelines to implement the first inventor to file system provisions of the Leahy Smith America Invents Act. See, FR, Vol. 77, No. 144, July 26, 2012, at Pages 43759-43773.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-40 Rev. 3 [26 pages in PDF] titled "Guide to Enterprise Patch Management Technologies".

Day one of a four day event hosted by George Mason University School of Law and the American Bar Association's (ABA) Section of Antitrust titled "Antitrust Law and Economics Institute for Judges". See, notice and agenda. Location: GMU law school, 3301 Fairfax Drive, Arlington, VA.

Columbus Day. This is a federal holiday. See, OPM list of 2012 federal holidays.

Day two of a four day event hosted by George Mason University School of Law and the American Bar Association's (ABA) Section of Antitrust titled "Antitrust Law and Economics Institute for Judges". See, notice and agenda. Location: GMU law school, 3301 Fairfax Drive, Arlington, VA.

Deadline for the Federal Communications Commission (FCC) to submit its biennial report to Congress on the "Twenty-First Century Communications and Video Accessibility Act of 2010", which is also known as the CVAA.

The Senate will meet at 11:00 AM in pro forma session.

Day three of a four day event hosted by George Mason University School of Law and the American Bar Association's (ABA) Section of Antitrust titled "Antitrust Law and Economics Institute for Judges". See, notice and agenda. Location: GMU law school, 3301 Fairfax Drive, Arlington, VA.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a panel discussion titled "It's Science and Technology Policy, Stupid". The speakers will be Stacy Cline (Republican staff, Senate Health, Education, Labor, and Pensions Committee), Sheri Fink (NAF), Konstantin Kakaes (NAF), Amanda Ripley (NAF), and Robert Wright (NAF). See, notice. Location: NAF, 1899 L St., NW.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Privacy and Information Security Update". The speakers will be Alysa Hutnik, Christopher Loeffler, Sharon Schiavetti and Kristin McPartland (all of Kelley Drye). Free. No CLE credits. See, notice.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division's (AD) Economic Analysis Group (EAG) will host a presentation titled "vGUPPI: Scoring Unilateral Pricing Incentives in Vertical Mergers". The speaker will be Steve Salop (Georgetown University Law Center). See, paper with the same title by Salop and Serge Moresi (Charles River Associates). 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.

3:00 - 5:00 PM. The New America Foundation (NAF) will host a panel discussion titled "Tech for the Social Good". The on site event is closed to the public, but the NAF will webcast this event live. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the Government Accountability Office's (GAO) report [51 pages in PDF] titled "Federal Communications Commission: Regulatory Fee Process Needs To Be Updated", and released on September 10, 2012. See, notice in the Federal Register, Vol. 77, No. 193, October 4, 2012, at Pages 60666-60667.

Day four of a four day event hosted by George Mason University School of Law and the American Bar Association's (ABA) Section of Antitrust titled "Antitrust Law and Economics Institute for Judges". See, notice and agenda. Location: GMU law school, 3301 Fairfax Drive, Arlington, VA.

8:00 AM - 5:00 PM. Day one of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, Vol. 77, No. 186, September 25, 2012, at Pages 58980-58981. Location: Courtyard Washington Embassy Row, General Scott Room, 1600 Rhode Island Ave., NW.

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.

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).

12:15 - 1:30  PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch titled "Issues in the Negotiating and Drafting of Media Transaction Contracts". The speakers will be Howard Weiss (Fletcher Heald & Hildreth), Michael Basile (Dow Lohnes), Steve Lovelady (Fletcher Heald & Hildreth). Location: Drinker Biddle & Reath, Conference Room 11-C., 1500 K St., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Legislative and Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Justin Faulb at JFaulb at eckertseamans dot com or Marc Paul at Marc dot Paul at fcclaw dot com. Location: Johnny's Half Shell, 400 North Capitol St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry [29 pages in PDF] that requests information to assist it in preparing its next video competition report. This NOI is FCC 12-80 in MB Docket No. 12-203. See, story titled "FCC Releases Video Competition Report" in TLJ Daily E-Mail Alert No. 2,411, July 25, 2012. See also, notice in the Federal Register, Vol. 77, No. 153, August 8, 2012, at Pages 47383-47392.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-152 [26 pages in PDF] titled "A Profile for U. S. Federal Cryptographic Key Management Systems (CKMS)".

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (DA 12-1411) regarding the auction of certain FM broadcast construction permits scheduled to commence on March 26, 2013, and the competitive bidding procedures for Auction 94. See, notice in the Federal Register, Vol. 77, No. 193, October 4, 2012, at Pages 60690-60695.

8:00 AM - 5:00 PM. Day two of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, Vol. 77, No. 186, September 25, 2012, at Pages 58980-58981. Location: Courtyard Washington Embassy Row, General Scott Room, 1600 Rhode Island Ave., NW.

8:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee will meet. The agenda includes discussion of the Wassenaar regulation regime (Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies), redefinition of use, dual use technologies, and the deemed export principle. See, notice in the Federal Register, Vol. 77, No. 188, September 27, 2012, Page 59374. Location: DOC, Room 6087B, Hoover Building, 14th Street between Pennsylvania and Constitution Aves., 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.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a teleconferenced panel discussion titled "Social Media Series: Latest Developments in Cause Marketing". The speakers will be Kristalyn Loson (Venable), Edward Chansky (Greenberg Traurig), Chris Curry (Gage Marketing), and Lakshmi Ramani (Nature Conservancy). Free. No CLE credits. See, notice.

The Senate will meet at 10:30 AM in pro forma session.

8:00 AM - 12:00 NOON. Day three of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, Vol. 77, No. 186, September 25, 2012, at Pages 58980-58981. Location: Courtyard Washington Embassy Row, General Scott Room, 1600 Rhode Island 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 New America Foundation (NAF) will host a panel discussion titled "Arms Race vs. Relay Race: What Does Innovation Hold for China?". The speakers will be Yasheng Huang (MIT), Adam Segal (Council on Foreign Relations), Denis Simon (Arizona State University), Yifei Sun (California State University, Northridge), and Steve LeVine (NAF). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in USA v. North American Telecommunications, Inc., App. Ct. No. 10-7176.  Judges Sentelle, Tatel, and Randolph will preside. Location: USCA Courtroom, 5th floor, Prettyman Courthouse, 333 Constitution Ave., NW.

12:30 - 2:00 PM. The Telecommunications Industry Association (TIA) will host a lunch. The speaker will be Ambassador Terry Kramer. He will discuss the International Telecommunications Union's (ITU) World Conference on International Telecommunications (WCIT) that will take place in Dubai in December. See, notice. Location: Occidental Grill, 1475 Pennsylvania Ave., NW.