2/8. The Department of Justice's (DOJ) Antitrust Division announced that it has reached a settlement with Holtzbrinck Publishers, which does business as Macmillan, in the e-books antitrust action filed in the U.S. District Court (SDNY) against Apple and five publishers in April of 2012.

The only defendant which has not settled is now Apple. Trial in the District Court is scheduled to begin in July of this year.

See, DOJ's and Holtzbrinck's proposed final judgment [18 pages in PDF], and DOJ release.

Under the Tunney Act, 15 U.S.C. § 16, this settlement must be published, open for public comment, and then approved by the District Court.

The DOJ filed its complaint on April 11, 2012 alleging that Apple and the five publishers violated Section 1 of the Sherman Act, 15 U.S.C. § 1, by conspiring to increase the prices that consumers pay for e-books. Three publishers (Hachette, HarperCollins, and Simon & Schuster) settled with the DOJ in April, while Apple and two other publishers (Pearson/Penguin and Holtzbrinck/Macmillan) continued to contest the action.

See, "DOJ Sues Apple and Book Publishers Alleging E-Book Price Collusion", "Analysis of DOJ's Sherman Act Claim Against Apple and E-Book Publishers", and related stories in TLJ Daily E-Mail Alert No. 2,368, April 11, 2012.

Apple opposed the DOJ's settlement with Hachette, HarperCollins, and Simon & Schuster in the District Court. However, the District Court approved that settlement. See, stories titled "Update on DOJ v. Apple eBooks Case" in TLJ Daily E-Mail Alert No. 2,437, August 25, 2012, and "District Court Approves Settlement in Apple E-Books Case" in TLJ Daily E-Mail Alert No. 2,442, September 6, 2012.

Penguin settled with the DOJ in December. See, stories titled "DOJ Settles With Penquin in E-Books Antitrust Action" in TLJ Daily E-Mail Alert No. 2,494, December 19, 2012, and "DOJ Publishes Second Tunney Act Notice in Apple E-Books Antitrust Case" in TLJ Daily E-Mail Alert No. 2,500, December 31, 2012.

The DOJ summarized the Holtbrinck settlement as follows: "Under the proposed settlement agreement, Macmillan will immediately lift restrictions it has imposed on discounting and other promotions by e-book retailers and will be prohibited until December 2014 from entering into new agreements with similar restrictions. The proposed settlement agreement also will impose a strong antitrust compliance program on Macmillan, including requirements that it provide advance notification to the department of any e-book ventures it plans to undertake jointly with other publishers and regularly report to the department on any communications it has with other publishers. Also for five years, Macmillan will be forbidden from agreeing to any kind of most favored nation (MFN) provision that could undermine the effectiveness of the settlement."

This case is U.S. v. Apple, et al., U.S. District Court for the Southern District of New York, D.C. 1:12-cv-02826-DLC, Judge Denise Cote presiding.

2/7. Members of the Senate Judiciary Committee (SJC) engaged in a discussion of several related issues involving US drone strikes, and domestic use of drones, at its weekly executive business meeting on Thursday, February 7, 2013.

The only items on the agenda were judicial nominations. However, Sen. Richard Durbin (D-IL) raised the subject of drone strikes.

Sen. Patrick Leahy (D-VT), the Chairman of the SJC, concurred, but then focused on domestic use of drones, "and the privacy issues involved".

Sen. Leahy said that "I am getting increasingly concerned about the domestic use of drones ... I am very worried about the privacy issues involved ... we better stop and say, just because we have technology that is available, does that mean that we should be using it?"

Sen. Charles Grassley (R-IA), the ranking Republican on the SJC, then said that domestic use of drones can "compromise privacy, and due process, and search and seizure, and all that sort of stuff".

He added that "it highlights the importance of us pushing for as much information, for all the information we are entitled" from the Obama administration.

Sen. Leahy said that "I couldn't agree more", and "I will support all Senators in their efforts to get answers".

Sen. Dianne Feinstein (D-CA), who is also the Chairman of the Senate Intelligence Committee (SIC), and often a surveillance hawk, condemned commercial sales of "armed predators", and expressed her concerns about the impact of domestic drone surveillance on privacy.

She said that "I think that you are absolutely correct to be concerned about their use in the United State. I think their ability is not to be underestimated. I think they really are going to offer a real challenge to privacy, to the Constitution. You can't count on how everybody is going to use these things. It can be an enormous intrusion."

Sen. Leahy said that "we are going to have a lot on our plate with guns and immigration this spring. Let's take a longer view". He suggested that the SJC get "a briefing at the classified level", and then "a more general one".

Several bills were introduced in the 112th Congress pertaining to domestic use of drones. See for example, HR 5925 [LOC | WW], the "Preserving Freedom from Unwarranted Surveillance Act of 2012", and story titled "Rep. Scott Introduces Drones Bill" in TLJ Daily E-Mail Alert No. 2,395, June 13, 2013.

See also, HR 6199 [LOC | WW], the "Preserving American Privacy Act of 2012", and S 3287 [LOC | WW], the "Preserving Freedom from Unwarranted Surveillance Act of 2012".

2/7. Sen. Richard Durbin (D-IL) asked the question, "Is cyber war war?", at an executive business meeting of the Senate Judiciary Committee (SJC) on February 7, 2013.

Sen. Durbin (at right) said this. "It raises the even larger question, what is war in the 21st Century? Is the use of drones an invasion of a country? Is cyber war war?"

"At what point does the Congress have a responsibility under the Constitution to speak for the American people on the extent of this commitment. It is not easy to define these parameters in the age of terrorism. But, it is something that I think we have to face, and our Committee will face."

Sen. Patrick Leahy (D-VT), the Chairman of the SJC, said, "I share your concern."

Article I, Section 8 of the Constitution provides that "The Congress shall have the Power ... To declare War ..."

The Congress enacted the War Powers Act in 1973. It is codified at 50 U.S.C. §§ 1541-1548. It does not address cyber war.

The 112th Congress enacted HR 4310 [LOC | WW], the "National Defense Authorization Act for Fiscal Year 2013". President Obama signed it into law on January 2, 2013. See, White House news office release. It is now Public Law No. 112-239. Numerous sections address cyber operations, but do not address Sen. Durbin's question.

2/1. The Government Accountability Office (GAO) released a report [35 pages in PDF] titled "Information Security: Federal Communications Commission Needs to Strengthen Controls over Enhanced Secured Network Project".

It states that the FCC "suffered a security breach on its agency network" in September of 2011. It discusses the FCC's subsequent efforts to protect against and detect cyber attacks, and its Enhanced Security Network (ESN) project.

But, this report finds that "FCC did not effectively implement appropriate information security controls in the initial components of the ESN project. Although the commission deployed enhanced security controls and tools for monitoring and controlling security threats as of August 2012, it had not securely configured these tools and other network devices to sufficiently protect the confidentiality, integrity, and availability of its sensitive information."

As a consequence, the GAO reports that "sensitive information remained at unnecessary risk of inadvertent or deliberate misuse, improper disclosure, or destruction."

2/7. President Obama nominated Raymond Chen to be a Judge of the U.S. Court of Appeals (FedCir). See, White House news office release and release.

Chen is a long time attorney for the U.S. Patent and Trademark Office (USPTO) who would bring to the Federal Circuit much expertise in patent law, and an understanding of the perspective of the USPTO.

Chen (at right) has been Deputy General Counsel for Intellectual Property Law and Solicitor for the USPTO since 2008. He was the USPTO's Associate Solicitor for ten years before that. He argued In Re Bilski on behalf of the USPTO before the Federal Circuit.

See, stories titled "Supreme Court Rules in Bilski" in TLJ Daily E-Mail Alert No. 2,113, July 28, 2010, "Supreme Court Grants Cert in In Re Bilski" in TLJ Daily E-Mail Alert No. 1,945, June 1, 2009, "Federal Circuit Curtails Business Method Patents" in TLJ Daily E-Mail Alert No. 1,850, October 30, 2008, and "Federal Circuit Receives Amicus Briefs Re Business Method Patents and Patentable Subject Matter" in TLJ Daily E-Mail Alert No. 1,743, April 8, 2008.

He also worked as a staff attorney for the Federal Circuit before joining the USPTO. And, he worked briefly for the intellectual property oriented law firm of Knobbe Martens after law school.

The USPTO web site states its Office of the Solicitor "provides legal counsel to the Under Secretary and Director and the Commissioners for Patents and Trademarks on intellectual property matters. The office's primary responsibility is to defend decisions of the Under Secretary and Director, Board of Patent Appeals and Interferences, Trademark Trial and Appeal Board, and examiners in patent and trademark cases. The office also represents the Under Secretary and Director at depositions of USPTO employees, maintains the Solicitor's Law Library, provides legal advice on proposed regulations and correspondence, and monitors publication of USPTO decisions. The Solicitor's Office, in coordination with the Department of Commerce, also provides representation for the Under Secretary and Director in the interagency deliberations on intellectual property matters."

2/7. President Obama nominated Todd Hughes to be a Judge of the U.S. Court of Appeals (FedCir). See, White House news office release and release.

Hughes is Deputy Director of the Department of Justice's (DOJ) Civil Division's Commercial Litigation Branch (CLB). He has worked in the CLB since 1994.

The Federal Circuit hears appeals in patent cases. But, Hughes does not have a background in patent law. However, the CLB defends claims brought against the U.S. in the U.S. Court of Federal Claims, and the Federal Circuit does hear appeals from Court of Federal Claims.

The Federal Circuit also has jurisdiction over appeals from the Merit Systems Protection Board (MSPB) and the U.S. Court of Appeals for Veterans Claims. Hughes' name appears on numerous DOJ briefs filed in cases involving federal employment and veterans claims.

The CLB also includes the Intellectual Property Section, which handles a wide range of matters.

The White House news office releases do not disclose what role, if any, the CLB or Hughes has played in the joint operations of the DOJ and Department of Homeland Security (DHS) named "In Our Sites", which involve the seizure by the government of domain names of businesses that operate web sites associated with intellectual property infringement.

Federal Election Commission (FEC) records disclose that a Todd Hughes employed by the DOJ gave $250 to President Obama's 2008 election campaign.

Nominees for the Federal Circuit often shoot through the Senate confirmation process, without opposition or delay. The last two nominees to win confirmation each did so in about three months.

President Obama nominated Judge Evan Wallach on July 28, 2011. The SJC held a hearing on September 7. The SJC approved him on October 6. The full Senate approved him on November 8, by a vote of 99-0. See, Roll Call No. 199.

President Obama nominated Judge Jimmie Reyna on January 5, 2011. The SJC held a hearing on February 16. The SJC approved him on March 10. The full Senate approved him on April 4 by a vote vote of 86-0. See, Roll Call No. 47. Actually, he was first nominated on September 29, 2010, but this was just before the 2010 elections. President Obama promptly re-nominated him at the outset of the 111th Congress.

On the other hand, the Senate has not promptly confirmed the nomination of Richard Taranto. President Obama first nominated Taranto on November 10, 2011. The Senate Judiciary Committee (SJC) held a hearing on February 29, 2012. The SJC approved Taranto on March 29, 2012. There was a filibuster in the 112th Congress. Yet, there was a near absence of either public criticism or public praise by Senators, and Senate Democrats did not attempt a cloture vote. President Obama re-nominated Taranto on January 3, 2013. The SJC approved him by voice vote without debate on February 7.

There are many reasons why a Senator might either support or oppose Taranto. See, story titled "Richard Taranto and the Federal Circuit" in TLJ Daily E-Mail Alert No. 2,497. However, one is that he wrote amicus curiae briefs for the Supreme Court in both Romer v. Evan, 517 U.S. 620, and Lawrence v. Texas, 539 U.S. 558, advocating gay rights.

President Obama previously nominated, but later withdrew, Edward DuMont, Vice Chair of Wilmer Hale's Appellate and Supreme Court Litigation Practice Group, for the same seat on the Federal Circuit for which he has nominated Taranto.

Chuck Wolfe, head of the Gay & Lesbian Victory Fund and Institute (GLVFI), stated in a release praising Hughes that "If confirmed, Todd Hughes would become the first openly gay federal appeals court judge in U.S. history." The GLVFI also lists DuMont as one of Obama's gay nominees.

There are many reasons why a Senator might have supported or opposed the nomination of DuMont. For example, he was counsel to legislative supporters of the campaign finance bill challenged in McConnell v. FCC, 540 U.S. 93 (2003). Sen. Mitch McConnell (R-KY) is the Senate Republican leader. DuMont was also one of TiVo's attorneys before the Supreme Court in Echostar v. TiVo, a patent case. Also, his SJC questionnaire responses disclosed a long list of political contributions, and interest groups contributions, that might lead some on the left to support him, but some on the right to oppose him.

2/7. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved by en banc voice vote the nominations of Richard Taranto (USCA/FedCir), Robert Bacharach (USCA/10thCir), William Kayatta (USCA/1stCir).

There was no debate. However, Sen. Jeff Session (R-AL) requested that he be recorded as a no vote on the nomination of Kayatta.

President Obama first nominated Taranto in the 112th Congress. He had an easy confirmation hearing, and was approved by the SJC. However, there was a filibuster, but no cloture vote or debate in the full Senate. See, story titled "Richard Taranto and the Federal Circuit" in TLJ Daily E-Mail Alert No. 2,497.

The SJC also held over until its next executive business meeting, scheduled for February 14, the nominations of Patty Schwartz (USCA/3rdCir) and Caitlin Halligan (USCA/DCCir).

It also held over for one week the nine District Court nominations: Katherine Failla (USDC/SDNY), Troy Nunley (USDC/EDCal), Pamela Ki Mai Chen (USDC/EDNY), Andrew Gordon (USDC/DNev), Ketanji Jackson (USDC/DC), Raymond Moore (USDC/DColo), Beverly O'Connell (USDC/CDCal), Analisa Torres (USDC/SDNY), and Derrick Watson (USDC/DHa).

The SJC also held over for one week two nominees for the U.S. International Trade Commission (USITC): Mark Barnett and Claire Kelly. See, agenda for the SJC executive business meeting of February 14.

2/8. Google filed a Form 8-K with the Securities and Exchange Commission (SEC) that discloses that its Executive Chairman, Eric Schmidt, "intends to sell up to approximately 3.2 million shares of Class A common stock". Google stock closed at $785.37 per share on Friday, February 8. 3.2 Million shares multiplied by $785.37 per share equals $2,513,184,000.00. This form adds that "As of December 31, 2012, Eric beneficially owned approximately 7.6 million shares of Class A and Class B common stock, which represented approximately 2.3% of Google's outstanding capital stock and approximately 8.2% of the voting power of Google's outstanding capital stock. "

2/8. David Aguilar, Commissioner of the Department of Homeland Security's (DHS) U.S. Customs and Border Protection (CBP) will leave the CBP. See, DHS release.

2/7. Alcatel announced in a release that CEO Ben Verwaayen "has decided not to seek re-election as a director at this year's Annual General Meeting, and will step down as CEO once a successful transition has been executed."

2/7. President Obama announced the nomination Mary Jo White to be a member of the Securities and Exchange Commission (SEC). See, White House news office release. He previously announced his intent to make this nomination, and to designate her as Chairman, replacing Mary Schapiro.

The House will meet at 11:00 AM. Rep. Cantor's schedule states that no votes are expected in the House.

9:00 AM - 2:00 PM. The Heritage Foundation (HF) and Taiwan Benevolent Association of America (TBAA) will host an event titled "Shoring Up the US Taiwan Partnership". The speakers will be Sen. John Cornyn (R-TX), Walter Lohman (HF), Taidi Fang (TBAA President), Joanna Lei (former member of the Legislative Yuan), Rupert Chambers (U.S.-Taiwan Business Council President), Claude Barfield (American Enterprise Institute), Matthew Goodman (Center for Strategic and International Studies), Derek Scissors (HF), Randy Schriver (Project 2049), Dean Cheng (HF), Stephen Yates (DC International Advisory), and Vincent Wang (University of Richmond). Webcast by HF. Free. Open to the public. Lunch will be served. See, notice. Location: HF, 214 Massachusetts Ave., NE.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in Robert Bosch v. Pylon Manufacturing, App. Ct. No. 2011-1363, an appeal from the U.S. District Court (DDel) in patent infringement case involving windshield wipers. The August 7, 2012 order of the Federal Circuit which sua sponte ordered rehearing en banc states that the issue are (1) "Does 28 U.S.C. § 1292(c)(2) confer jurisdiction on this Court to entertain appeals from patent infringement liability determinations when a trial on damages has not yet occurred?", and (2) "Does 28 U.S.C. § 1292(c)(2) confer jurisdiction on this Court to entertain appeals from patent infringement liability determinations when willfulness issues are outstanding and remain undecided." See also, October 13, 2011 opinion of the three judge panel of the Federal Circuit, amicus curiae brief of the IPO, and amicus curiae brief of the AIPLA. Location: Courtroom 201.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in CLS Bank v. Alice Corporation, App. Ct. No. 2011-1301, an appeal from the U.S. District Court (DC) in a software patent infringement case. At issue is patent eligibility under 35 U.S.C. § 101. The Federal Circuit's October 9, 2012 order granting rehearing en banc states that the two issues are (1) "What test should the court adopt to determine whether a computer-implemented invention is a patent ineligible "abstract idea"; and when, if ever, does the presence of a computer in a claim lend patent eligibility to an otherwise patent-ineligible idea?", and (2) "In assessing patent eligibility under 35 U.S.C. § 101 of a computer-implemented invention, should it matter whether the invention is claimed as a method, system, or storage medium; and should such claims at times be considered equivalent for § 101 purposes?". See also, July 9, 2012 opinion of the three judge panel, amicus curiae brief of the CCIA, amicus curiae brief of the BSA, and amicus curiae brief of Twitter, LinkedIn, Travelocity, and others. Location: Courtroom 201.

Deadline for all parties, except foreign governments to submit comments, and requests to testify at the February 20, 2013 hearing, of the Office of the U.S. Trade Representative (OUSTR) to assist it in making its Special 301 identifications of countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. See, story titled "OUSTR Seeks Special 301 Comments on Countries that Deny Adequate IPR Protection" in TLJ Daily E-Mail Alert No. 2,500, December 31, 2012. See also, notice in the Federal Register, December 31, 2012, Vol. 77, No. 250, at Pages 77178-77180.

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

The Senate will meet at 2:00 PM.

2:30 - 3:30 PM. The Center for Strategic and International Studies (CSIS) will host an event titled "The Future of the WTO". The speakers will be Anabel González (Costa Rica Minister of Foreign Trade), John Murphy (U.S. Chamber of Commerce), Linda Dempsey (National Association of Manufacturers), and Scott Miller (CSIS). Free. Open to the public. See, notice. Location: CSIS, Room B1, 1800 K. St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a program titled "Export Controls and Economic Sanctions 2013: Recent Developments and Current Issues". The speakers will be Carol Kalinoski and Thomas Scott (Ladner & Associates). 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.

The House bill meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. It will consider several non-technology related items under suspension of the rules. See, Rep. Cantor's schedule.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Where Do America’s Broadband Networks Really Stand?". The speakers will be Mindel de la Torre (Chief of the FCC's International Bureau), John Horrigan (Joint Center for Political and Economic Studies), Scott Wallsten (Technology Policy Institute) and Richard Bennett (ITIF). See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

LOCATION CHANGE. 10:00 AM. The Senate Judiciary Committee (SJC) will hold a second hearing on guns. This hearing, of the Subcommittee on the Constitution, Civil Rights and Human Rights, is titled "Proposals to Reduce Gun Violence: Protecting Our Communities While Respecting the Second Amendment". Webcast. See, notice. Location: Room 226, Dirksen Building. Room 216, Hart Building.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will hold an event titled "Meet the Audio Division". The speakers will be Peter Doyle (Chief of the FCC's Media Bureau's Audio Division) and other FCC staff. Free. No CLE credits. The FCC has a history of barring reporters from this type of event. The FCBA states that this is an event of its Mass Media Committee. Location: National Association of Broadcasters, 1771 N St., NW.

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

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host an event titled "International Dimensions of Cybersecurity". CLE credits. Prices vary. See, notice. Reservations and cancellations are due by 12:00 NOON on February 11. Location: Wiley Rein, 1776 K St., NW.

President Obama will give a speech titled "State of the Union Address". Location: House Chamber, Capitol Building.

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

8:00 AM - 5:00 PM. Day one of a three day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, Vol. 78, No. 1, January 2, 2013, at Pages 89-90. Location: United States Access Board Conference Room, Suite 800, 1331 F St., NW.

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Comprehensive Immigration Reform". See, notice. Webcast. Location: Room 216, Hart Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Satellite Video 101". See, notice. Location: Room 2322, Rayburn Building.

12:00 NOON - 1:00 PM. The Heritage Foundation (HF) will host an panel discussion titled "Social Media and the Arab Spring: Revolution, Censorship, and Freedom". The speakers will be James Phillips (HF), Nancy Okail (Freedom House in Egypt), Alberto Fernandez (Department of State), and Helle Dale (HF). Free. Open to the pubic. Webcast. See, notice. Location: HF, 214 Massachusetts Ave., NE.

2:30 PM. The Senate Commerce Committee (SCC) will hold its organizational meeting for the 113th Congress. See, notice. Location: Room 253, Russell Building.

3:15 PM. The Senate Judiciary Committee (SJC) will hold a hearing on judicial nominees. The witnesses will be the nominees: Kenneth Gonzales (USDC/DNMex), Michael McShane (USDC/DOre), Nitza Alejandro (USDC/EDPenn), Luis Restrepo (USDC/EDPenn), and Jeffrey Schmehl (USDC/EDPenn). See, notice. Webcast. Location: Room 226, Dirksen Building.

4:00 PM. The House Intelligence Committee (HIC) will hold its organizational meeting for the 113th Congress. See, notice. Location: Room HVC-304, Capitol Visitor Center.

5:30 - 6:30 PM. Google and the University of Maryland's (UM) Maryland Cybersecurity Center will host a lecture by Michael Franz (UC Irvine) titled "Software Defenses Using Compiler Techniques". Free. Registration required. See, notice and registration page. Location: UM, Kim Engineering Building Lecture Hall, Room 1110, College Park, MD.

7:05 PM. The Senate Foreign Relations Committee will hold its organizational meeting for the 113th Congress. See, notice. Location: Room S-116, Capitol Building.

EXTENDED FROM JANUARY 22. Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding its licensing and operating rules for satellite services. The FCC adopted and released this NPRM on September 28, 2012. It is FCC 12-117 in IB Docket No. 12-267. See, original notice in the Federal Register, Vol. 77, No. 217, November 8, 2012, at Pages 67171-67201. See also, extension notice in the Federal Register, Vol. 77, No. 250, December 31, 2012, at Pages 77001-77002.

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

8:00 AM - 5:00 PM. Day two of a three day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, Vol. 78, No. 1, January 2, 2013, at Pages 89-90. Location: United States Access Board Conference Room, Suite 800, 1331 F St., NW.

9:00 - 10:30 AM. The US Telecom will host an on site and webcast event titled "USTelecom Policy Briefing: What’s the Point of Voice Regulation?". The speakers will be Harold Feld (Public Knowledge), John Mayo (Georgetown University Center for Business & Public Policy), Jonathan Nuechterlein (Wilmer Hale), and Jon Banks (US Telecom). See, notice. Free. Registration required. There will be an on site breakfast at 8:30 AM. Location: US Telecom, Suite 400, 607 14th St., NW.

9:00 - 10:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Making America Competitive Again: Restoring U.S. Innovation Leadership". The speakers will be Gary Pisano (Harvard Business School), Willy Shih (Harvard Business School), Charles Wessner (National Academies), Alan Wolff (McKenna Long & Aldridge), and Robert Atkinson (ITIF). See, notice. Location: Room HVC-201, Capitol Visitor Center.

10:00 AM. The House Intelligence Committee (HIC) will hold a hearing titled "Advanced Cyber Threats Facing Our Nation". The witnesses will be John Engler (Business Roundtable), Paul Smocer (BITS), Kevin Mandia (Mandiant), and Ken DeFontes (Baltimore Gas & Electric). Open to the public. See, notice. Location: Room HVC-210, Capitol Visitor Center.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of 13 judicial nominees, including Patty Schwartz (USCA/3rdCir) and Caitlin Halligan (USCA/DCCir), Ketanji Jackson (USDC/DC), Mark Barnett (USITC), and Claire Kelly (USITC), and the nomination of David Medine to be Chairman of the Privacy and Civil Liberties Oversight Board. See, notice. Webcast. Location: Room 226, Dirksen Building.

2:00 PM. The House Science Committee's (HSC) Subcommittee on Research will hold a hearing titled "Applications for Information Technology Research & Devlopment". The witnesses will be __. See, notice. Location: Room 2318, Rayburn Building.

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

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Fifth Notice of Proposed Rulemaking [24 pages in PDF] related to its outdated media ownership regulatory regime, and its commercial broadcast ownership reporting requirements and FCC Form No. 323. The FCC adopted this NPRM on October 15, 2009. The FCC again seeks comments. This NPRM is FCC 09-92 in MB Docket Nos. 07-294, 06-121, 02-277, and 04-228, and MM Docket Nos. 01-235, 01-317, 00-244. See, notice in the Federal Register, Vol. 78, No. 10, January 15, 2013, at Pages 2925-2934. See also, January 15 Public Notice [2 pages in PDF], DA 13-56.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Sixth Further Notice of Proposed Rulemaking [27 pages in PDF] related to its outdated media ownership regulatory regime. This NPRM seeks comments on proposals to increase FCC data collection burdens. The FCC adopted this item on December 21, 2012, and released the text on January 3, 2013. It is FCC 12-166 in MB Docket No. 07-294. See, notice in the Federal Register, Vol. 78, No. 10, January 15, 2013, at Pages 2925-2934. See also, January 15 Public Notice [2 pages in PDF], DA 13-56.

Deadline to submit comments to the Department of Homeland Security's (DHS) Customs and Border Protection (CBP) regarding, and effective date of, the DHS plan to establish a new system of records titled "U.S. Customs and Border Protection, DHS/CBP-004-Intellectual Property Rights e-Recordation and Search Systems System of Records". See, notice in the Federal Register, Vol. 78, No. 10, January 15, 2013, at Pages 3015-3019.

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

Supreme Court conference day. See, Supreme Court calendar.

8:00 AM - 12:00 NOON. Day three of a three day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, Vol. 78, No. 1, January 2, 2013, at Pages 89-90. Location: United States Access Board Conference Room, Suite 800, 1331 F St., NW.

12:00 NOON. Deadline to register to attend the FCBA's Ajit Pai lunch. See, notice.

12:30 PM. The National Press Club (NPC) will host a lunch. The speaker will be Chris Dodd, head of the Motion Picture Association of America (MPAA). Lunch will be served at 12:30 PM. The speech will begin at 1:00 PM. Prices vary. See, notice. Location: NPC, Ballroom, 13th Floor, 529 14th St., NW.

Deadline for foreign governments to submit comments, and requests to testify at the February 20, 2013 hearing, of the Office of the U.S. Trade Representative (OUSTR) to assist it in making its Special 301 identifications of countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. See, story titled "OUSTR Seeks Special 301 Comments on Countries that Deny Adequate IPR Protection" in TLJ Daily E-Mail Alert No. 2,500, December 31, 2012. See also, notice in the Federal Register, December 31, 2012, Vol. 77, No. 250, at Pages 77178-77180.

Deadline to submit nominations to the Department of the Treasury's (DOT) Financial Crimes Enforcement Network, also known as FinCEN, for membership on the Bank Secrecy Act Advisory Group. Members must be financial institutions or trade groups. Members designate one person to represent them at meetings. New members will serve for three years. There is no pay, or remuneration for travel. See, notice in the Federal Register, Vol. 78, No. 14, January 22, 2013, at Page 4591.

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