3/11. Three bills have been introduced in the last week that would address the unlocking of wireless devices from wireless service providers. More are forthcoming.

Bills. On March 5, 2013, Sen. Ron Wyden (D-OR) introduced S 467 [LOC | WW], the "Wireless Device Independence Act of 2013", a bill to amend the Digital Millenium Copyright Act (DMCA) to create a permanent exemption to the ban on circumvention for consumers who unlock their wireless phones or other wireless devices. It was referred to the Senate Judiciary Committee (SJC). See, related story in this issue titled "Sen. Wyden Introduces Bill to Amend DMCA to Create an Exemption for Unlocking"

On March 8, 2013, Sen. Amy Klobuchar (D-MN) and others introduced S 481 [LOC | WW | PDF], the "Wireless Consumer Choice Act", a bill that would give the Federal Communications Commission (FCC) regulatory authority with respect to unlocking of wireless devices. It was referred to the  Senate Commerce Committee (SCC). See, related story in this issue titled "Sen. Klobuchar Introduces Bill to Authorize FCC to Direct Wireless Device Unlocking".

On March 11, Sen. Leahy and others introduced S 517 [LOC | WW | PDF], the "Unlocking Consumer Choice and Wireless Competition Act", a bill that would restore the unlocking exemption that was in the Librarian of Congress's 4th triennial rules. See, related story in this issue titled "Sen. Leahy Introduces Bill to Reinstate Librarian of Congress's Cell Phone Unlocking Exemption".

On March 8, the House Judiciary Committee (HJC) announced that some of its members would introduce a bill. See, related story in this issue titled "House Judiciary Committee to Consider Legislation to Allow Cell Phone Unlocking".

It is also likely that members of the House Commerce Committee (HCC), such as Rep. Anna Eshoo (D-CA), will introduce a bill that, like Sen. Klobuchar's bill, would give rule making authority to the FCC. It may be a substantially identical bill.

Devices Affected. The recently expired exemption in the Librarian of Congress's 5th triennial rules applied only to a "wireless telephone handset". The 4th triennial rules used the same term. This term does not include, for example, tablets.

Sen. Wyden's bill covers both a "wireless telephone handset" and a "wireless device device that can connect to the Internet", thereby including tablets and any other internet connected devices now in existence or yet to be invented.

Sen. Klobuchar's bill covers "any type of wireless device".

Sen. Leahy's bill immediately restores the unlocking exemption in the Librarian's 4th triennial rules, which referenced only "wireless telephone handsets". However, Sen. Leahy's bill also directs the Librarian to determine within one year whether to extend this restored exemption to also cover "wireless devices".

Interests. Smaller wireless providers have an interest in consumers being able to unlock their phones. The Competitive Carriers Association, MetroPCS Communications, and Youghiogheny Communications each filed comments with the Copyright Office in the latest triennial exemptions proceeding.

The two largest wireless service providers, AT&T and Verizon, have offered locked phones, and may benefit the most from Congressional inaction.

Joan Marsh of AT&T wrote in a short piece on March 8 that "I want to be completely clear that AT&T's policy is to unlock our customers' devices if they've met the terms of their service agreements and we have the unlock code. It's a straightforward policy, and we aim to make the unlocking process as easy as possible. So, why all the recent hullabaloo?"

She added that "We believe this policy is fully consistent with the White House statement from earlier this week – namely that if a customer has paid for his or her device and is no longer bound by a service agreement or other obligation, the customer should be able to use the device on another network."

The CTIA, which filed comments with the Copyright Office opposing the exemption, stated in a release on March 4 that "The Librarian of Congress concluded that an exemption was not necessary because the largest nationwide carriers have liberal, publicly available unlocking policies, and because unlocked phones are freely available in the marketplace -- many at low prices."

Brief Background on the DMCA and Unlocking. Unlocking is the circumvention of computer programs on mobile phones or tablets to enable such devices to connect to alternative wireless networks. Carriers sell consumer phones at discounted prices, in return for the consumers signing wireless service contracts with a minimum fixed term. Carriers use locking to, among other things, prevent these consumers from switching service providers. Locking has also been used to keep consumers from switching providers after contracts have expired.

There is no law that prohibits cell phone or tablet unlocking. However, there are contracts between service providers and consumers. Also, there is the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA), which are codified at 17 U.S.C. § 1201. Unlocking of wireless devices may violate the anti-circumvention provisions of the DMCA. Some argue that it never violates the DMCA.

The DMCA directs the Librarian of Congress to conduct a proceeding every three years to adopt rules that create exemptions to the ban on circumvention. Nominally, the rules are adopted by the Librarian, but in practice the Register of Copyright, Maria Pallante, and her staff attorneys write these rules. These triennial rules are codified at 37 C.F.R. § 201.40.

The CO's fourth triennial rules contained exemptions related to unlocking. See, story titled "Copyright Office Releases 4th Triennial DMCA Exemptions" in TLJ Daily E-Mail Alert No. 2,115, July 30, 2010.

The CO's fifth set of rules, now in effect, do contain an exemption for unlocking phones, but only through the end of January of 2013. See, story titled "Librarian of Congress Adopts 5th Triennial § 1201 Exemptions" in TLJ Daily E-Mail Alert No. 2,467, October 24, 2012. Hence, there is now no exemption.

On March 4, 2013, David Edelman, an official in the Executive Office of the President, expressed support for allowing unlocking of cell phones in a short policy statement. See, story titled "Obama Administration Urges Creation of DMCA Anti-Circumvention Exemption for Unlocking Cell Phones" in TLJ Daily E-Mail Alert No. 2,530, March 5, 2013.

3/5. Sen. Ron Wyden (D-OR) introduced S 467 [LOC | WW], the "Wireless Device Independence Act of 2013", a bill to amend the DMCA to allow certain unlocking of wireless phones and other wireless devices.

This bill was referred to the Senate Judiciary Committee (SJC). Sen. Wyden is not a member.

First, to understand how Sen. Wyden's operates, it is necessary to understand the structure of Section 1201. Subsection 1201(a)(1)(A) contains the basic ban: "No person shall circumvent a technological measure that effectively controls access to a work protected under this title." Then, (a)(1)(B), which Sen. Wyden's bill would amend, provides that the basic ban "shall not apply to persons who are users of a copyrighted work which is in a particular class of works" designated by the Librarian of Congress every three years pursuant to a process set out in (a)(1)(C). These classes of works are now commonly referred to as DMCA exemptions. Subsections (d), (e), (f) and (g) contains permanent "exemptions" to the basic ban.

Subsection (b) provides that "No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that ... is primarily designed or produced for the purpose of circumventing ..."

Sen. Wyden's bill takes an exemption from the Librarian's 4th triennial rules, and incorporates it into (a)(1)(B). Since this exemption is by statute, and is permanent, it might have more been inserted as subsection (h) following the other permanent exemptions. The placement in (a)(1)(B) also limits its reach to the person who circumvents. It arguably does not reach the makers of things that are used to circumvent.

This bill would amend 17 U.S.C.§ 1201(a) to exempt the following from Section 1201's ban on circumvention of "a technological measure that effectively controls access to a work protected under" Title 17:

"a user of a computer program, in the form of firmware or software, that enables a wireless telephone handset, or other wireless device that can connect to the Internet, originally acquired from the operator of a wireless telecommunications network or retailer to connect to a different wireless telecommunications network if -- (I) the user legally owns a copy of the computer program; (II) the use of the computer program by the user is solely for the purpose of connecting to such wireless telecommunications network; and (III) the access to such wireless telecommunications network is authorized by the operator of the network"

This exemption is very similar to the language used by the Librarian of Congress in its 5th triennial rules containing exemptions to the ban on circumvention. That exemption expired in January of this year.

The recently expired exemption was this:

"Computer programs, in the form of firmware or software, that enable a wireless telephone handset originally acquired from the operator of a wireless telecommunications network or retailer ... if the operator of the wireless communications network to which the handset is locked has failed to unlock it within a reasonable period of time following a request by the owner of the wireless telephone handset, and when circumvention is initiated by the owner, an individual consumer, who is also the owner of the copy of the computer program in such wireless telephone handset, solely in order to connect to a different wireless telecommunications network, and such access to the network is authorized by the operator of the network."

This bill is broad to the extend that it would allow consumers to unlock a wide range of devices, and that it contains no requirement that the term of a contract with the wireless service provider have reached its end. A consumer could sign a service contract, obtain a subsidized and locked phone, and then unlock, and switch service providers, without violating the DMCA. Of course, the original service provider might still attempt to collect money from the customer due under the contract.

This bill pertains to "a user of a computer program", while the expired rule pertained to the "Computer programs". The DMCA directs the Librarian of Congress to adopt regulations that exempt classes of copyrighted works. The bill exempts the person who unlocks his or her phone (under certain circumstances).

What then of the manufacturer, importer or retailer of the things that consumers use to unlock their phones? Could they still be at risk of violating the DMCA, and being sued by service providers, device makers, or others under the DMCA's Section 1203 private right of action?

This would arguably be the most literal interpretation of the bill as introduced.

The clause "access to the network is authorized by the operator of the network" would exclude from the exemption unlocking when, hypothetically, the purpose is to access an open network.

This bill would be effective retroactively to January 23, 2013. This is the date that the Librarian's 5th triennial rules took effect.

3/6. Sen. Amy Klobuchar (D-MN), Sen. Mike Lee (R-UT) and Sen. Richard Blumenthal (D-CT) introduced S 481 [LOC | WW | PDF], the "Wireless Consumer Choice Act", a bill that would give the Federal Communications Commission (FCC) regulatory authority with respect to unlocking of wireless devices.

This bill would direct the Federal Communications Commission (FCC) to write regulations directing wireless service providers to permit subscribers to unlock wireless devices. It would not affect the Digital Millennium Copyright Act (DMCA).

Sen Klobuchar (at right) stated in a release that "Consumers should have flexibility and choice when it comes to their wireless service and they deserve to keep and use cell phones they have already purchased ... This legislation will help allow consumers to unlock their phones."

The bill provides that "Pursuant to its authorities under title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.), the Federal Communications Commission, not later than 180 days after the date of enactment of this Act, shall direct providers of commercial mobile services and commercial mobile data services to permit the subscribers of such services, or the agent of such subscribers, to unlock any type of wireless device used to access such services."

The bill adds that "Nothing in this Act alters, or shall be construed to alter, the terms of any valid contract between a provider and a subscriber."

This clause would give unclear directions to the FCC. It lacks clarity regarding whether the FCC would have authority to alter the terms of contracts, to prohibit enforcement by providers of terms in contracts, or to mandate that future contracts either contain or not contain certain provisions. Indeed, it may be unclear today what authority the FCC possesses without enactment of this bill.

The bill is clear that it only reaches providers of "commercial mobile services" and "commercial mobile data services" which are defined by the Communications Act. And, it only reaches unlocking of devices to "access such service". Hence, it does not reach all unlocking. And, it does not reach wireless device makers or software developers.

Unlocking may constitute a violation of the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). The Librarian of Congress has statutory authority to exempt classes of works from teh ban on circumvention, but in its fifth triennial rules it declined to create a three year exemption for unlocking wireless devices.

While the bill would direct the wireless service providers to allow unlocking, it would do so by directing the FCC to regulate the relationship between the service provider and its customers. This bill does not authorize consumers to unlock their phones.

This bill would not change the circumstance that unlocking may violate the DMCA. (Some groups argue that unlocking does not violate the DMCA in the first place.) For example, if this bill were enacted into law, the FCC might by promulgation of rules, and enforcement of those rules, compel service providers to unlock phones. But, those same companies (and especially AT&T and Verizon) might sue the makers, importers or distributors of things that consumers use to unlock phones on their own. This bill does not create or facilitate a consumer self help option.

Christopher Lewis of the Public Knowledge (PK) stated in a release regarding this bill that "the root of this problem lies in parts of the Digital Millennium Copyright Act" and "Amending the DMCA itself will ensure stronger competition, and also that consumers can use the devices they've bought in whatever lawful way they choose."

3/11. Sen. Patrick Leahy (D-VT) and others introduced S 517 [LOC | WW | PDF], the "Unlocking Consumer Choice and Wireless Competition Act", a bill to reinstate the cell phone unlocking exemption contained in the Librarian of Congress's 4th triennial rules.

The bill was referred to the Senate Judiciary Committee (SJC). Sen. Leahy is the Chairman. The original co-sponsors are Sen. Charles Grassley (R-IA), Sen. Al Franken (D-MN), Sen. Orrin Hatch (R-UT) and Sen. Mike Lee (R-UT). All are SJC members.

This bill would reinstate the following as a class of copyrighted works to which the ban on circumvention shall not apply:

"Computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of the computer program solely in order to connect to a wireless telecommunications network and access to the network is authorized by the operator of the network."

This bill would also provide that the Librarian of Congress within one year "shall determine ... whether to extend the exemption ... to include any other category of wireless devices in addition to wireless telephone handsets".

Sen. Leahy explained in the Senate that "When consumers finish the terms of their contract, they should be able to keep their phones and make their own decision about which wireless provider to use. They should not be forced to stay with their original provider due to software that restricts a phone to only one network. I am pleased that many wireless providers already sell unlocked phones, or will unlock phones for consumers once contracts expire, but that does not mean that consumers should face penalties under the DMCA for taking those same steps on their own. This bill will protect and promote competition in the wireless market by allowing consumers to bring their phones with them to the provider that best suits their needs." See, release and transcript of statement.

Christopher Lewis of the Public Knowledge (PK) stated in a release regarding this bill that "We're glad that Chairman Leahy recognizes that the Library of Congress' decision was untenable. However, this only serves as, at best, a three-year band-aid on the larger problem. Furthermore, the bill does not require that the Library reach a different decision on unlocking."

Lewis added that the PK "supports legislation that permanently codifies an exemption for unlocking, and a broader discussion around further reform of the Digital Millennium Copyright Act's anticicumvention provisions that created this problem in the first place."

3/8. The House Judiciary Committee (HJC) announced in a release on March 8, 2013 that the HJC and Senate Judiciary Committee (SJC) "will work together to find a solution that would restore consumers ability to unlock their cell phones,  in order to switch from one wireless carrier to another".

This release also states that HJC members "expect to introduce legislation in the immediate future".

Rep. Bob Goodlatte (R-VA) stated in this release that "As chairman of the House Judiciary Committee, I intend to work closely with members of the House and Senate Judiciary Committees to ensure that cell phone users have the ability and freedom to use their cell phone with the carrier of their choosing."

Rep. John Conyers (D-MI), the ranking Democrat on the HJC, stated that "It is important that we work on a bipartisan basis to address the issue of cell phone unlocking to provide consumers with greater choices and affordability in this vital marketplace."

EXTENDED TO APRIL 5. Deadline to submit comments to the Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) in connection with their joint workshop on December 10, 2012, titled "Patent Assertion Entity Activities". See, notice and agenda.

The House will meet at 10:00 AM in pro forma session. See, Rep. Cantor's schedule.

The Senate will meet at 2:00 PM. Sen. Reid's schedule includes consideration of the nomination of Richard Taranto to be a Judge of the U.S. Court of Appeals (FedCir). See, story titled "Richard Taranto and the Federal Circuit" in TLJ Daily E-Mail Alert No. 2,497, December 24, 2012.

12:00 NOON - 2:30 PM. The law firm of Venable will host a webcast briefing on President Obama's Executive Order regarding cyber security. The speakers will be Ari Schwartz (NIST), Jamie Barnett (Potomac Institute for Policy Studies), Stuart Inglis (Venable), Anthony Rosso (Venable), Brian Zimmet (Venable), James Burnley (Venable), John Bowman (Venable). See, registration page. See, story titled "Obama Signs Cyber Security Order and Policy Directive" in TLJ Daily E-Mail Alert No. 2,525, February 19, 2013.

1:00 - 2:30 PM. The New America Foundation (NAF) will host a panel discussion titled "Foreign Policy for the Information Age: Managing Transparency and Volatility". The speakers will be Lorelei Kelly (NAF), Gerald Hyman (Center for Strategic and International Studies), Joseph Siegle (National Defense University), Jim Herlong, Tim Maurer (NAF), and Shanthi Kalathil. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

4:30 PM. Secretary of Homeland Security Janet Napolitano will give a speech at the Jewish Council for Public Affairs Plenum. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule.

9:00 - 10:30 AM. The Center for Strategic and International Studies (CSIS) will host a panel discussion titled "Implementation of the KORUS FTA: A One-Year Anniversary Commemoration". The speakers will be John Hamre (CSIS), Donald Manzullo (Korea Economic Institute of America), Y.J. Choi (Korea Ambassador to the US), Kathy Stephens, Karan Bhatia (GE), Scott Miller (CSIS), and Matthew Goodman (CSIS). See, notice. Location: CSIS, B-1 Conference Center, 1800 K St., NW.

10:00 AM - 12:00 NOON. The Senate Banking Committee (SBC) will hold a hearing on the nomination of Mary Jo White (Debevoise & Plimpton) to be Chairman of the Securities and Exchange Commission (SEC). See, notice. Location: Room 538, Dirksen Building.

10:15 AM. The Senate Judiciary Committee (SJC) will continue the executive business meeting begun on March 7. The agenda includes consideration of several gun bills, and the nominations numerous judicial nominees: Sheri Chappell (USDC/MDFl), 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.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will hold an event at which William Lake and other officials from the FCC's Media Bureau will speak. Free. Bring your own lunch. The FCBA states that this is an FCBA event. Location: National Association of Broadcasters (NAB), 1771 N St., NW.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Oversight of the Federal Communications Commission". See, notice. Location: Room 253, Russell Building.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a hearing titled "Current and Projected National Security Threats to the United States". This event is open to the public. See, notice. Location: Room 216, Hart Building.

3:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Financial Services and General Government will hold a hearing on the Securities and Exchange Commission (SEC). The witness will be SEC Inspector General Carl Hoecker. See, notice. Location: Room 2359, Rayburn Building.

EXTENDED FROM FEBRUARY 19. Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [205 pages in PDF] regarding incentive auctions. The FCC adopted this NPRM on September 28, and released the text on October 2. It is FCC 12-118 in Docket No. 12-268. See, notice in the Federal Register,  Vol. 77, No. 225, November 21, 2012, at Pages 69933-69992. See also, stories titled "FCC Adopts NPRM on Incentive Auctions" and "FCC Adopts Spectrum Aggregation NPRM" in TLJ Daily E-Mail Alert No. 2,455, October 1, 2012. See, extension notice in the Federal Register, Vol. 77, No. 239, December 12, 2012, at Page 73969.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding IP Captioned Telephone Service. This item is FCC 13-13 in CG Docket Nos. 13-24 and 03-123. The FCC adoptd this item on January 24, 2013, and released the text on January 25. See, notice in the Federal Register, Vol. 78, No. 24, February 5, 2013, at Pages 8090-8096.

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

TIME CHANGE. 10:00 AM. 11:30 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, Homeland Security and Investigations will hold a hearing titled "Investigating and Prosecuting 21st Century Cyber Threats". The witnesses will be __. See, notice. Location: Room 2237, Rayburn Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution and Civil Justice will hold a hearing titled "Examination of Litigation Abuses". The witnesses will be Elizabeth Milito (National Federation of Independent Business), Theodore Frank (Center for Class Action Fairness), Joanne Doroshow ( Center for Justice and Democracy), and John Beisner (Skadden Arps). See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Ways and Means Committee's (HWMC) Subcommittee on Trade will hold a hearing titled "U.S. India Trade Relations". The witnesses will be __. The HWMC notice states that the hearing will address several topics, including "India’s National Manufacturing Policy and other forced localization policies including the Preferential Market Access (PMA) on information technology products ... protection of intellectual property rights ... issuance of compulsory licenses, patent revocations, and other policies on pharmaceuticals ... Information Technology Agreement expansion". Location: Room 1100, Longworth Building.

10:00 AM. The House Oversight and Government Reform Committee (HOGRC) will hold a hearing title "Addressing Transparency in the Federal Bureaucracy: Moving Toward A More Open Government". The witnesses will be Angela Canterbury (Project on Government Oversight), Jim Harper (Cato Institute), Daniel Schuman (Sunlight Foundation), and Celia Wexler (Union of Concerned Scientists). See, notice. Location: Room 2154, Rayburn Building.

12:00 NOON - 1:15 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "The Fundamentals of Hot Topics in Antitrust-IP". The speakers will be Paul Novak (Milberg), Erica Mintzer (DOJ/ATR Senior Counsel for Competition and Technology), Brinkley Tappan (Crowell & Moring), Geoffrey Manne (International Center for Law & Economics), Seth Silber (Wilson Sonsini). Free. No CLE credits. See, notice.

1:00 - 2:00 PM. The American Bar Association (ABA) will host teleconferenced panel discussion titled "Cybersecurity and the Solo, Small Firm Lawyer". See, notice. Free. No CLE credits.

1:30 PM. The American Enterprise Institute (AEI) will host an event titled "The US-Japan alliance in action: Threats to thwart, opportunities to seize". The speakers will be Michael Auslin (AEI), Jim Zumwalt (Department of State), Yusuke Anami (Tohoku University Graduate School), Bruce Klingner (Heritage Foundation), Tetsuo Kotani (Japan Institute of International Affairs) and Yoshiji Nogami (Japan Institute of International Affairs). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

2:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Asia and the Pacific will hold a hearing titled "The Rebalance to Asia: Why South Asia Matters: Part II". The witnesses will be Walter Lohman (Heritage Foundation), Vikram Nehru (Carnegie Endowment for International Peace), Sadanand Dhume (American Enterprise Institute), and Sanjay Puri (Alliance for U.S. India Business). See, notice. Location: Room 2172, Rayburn Building.

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

9:00 - 10:30 AM. The US Telecom will host an on site and webcast panel discussion titled "Implementing the Cybersecurity Executive Order: A Communications Industry Perspective". The speakers will be Rudy Brioche (Comcast), Chris Boyer (AT&T), Kathryn Condello (CenturyLink), Kate Dean (US Internet Service Provider Association), and Robert Mayer (US Telecom). Free. Open to the public. Breakfast will be served from 8:30 AM. See, notice. Location: US Telecom, Suite 400, 607 14th St., NW.

9:00 AM. The Federal Communications Commission's (FCC) Communications Security, Reliability, and Interoperability Council (CSRIC) will meet. See, notice. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

9:30 AM. The House Intelligence Committee (HIC) will hold a business meeting. It may consider HR 624 [LOC | WW | PDF], the "Cyber Intelligence and Sharing Protection Act" or CISPA. See, story titled "Rep. Rogers and Rep. Ruppersberger Re-Introduce CISPA" in TLJ Daily E-Mail Alert No. 2,525, February 19, 2013. See, notice. Open to the public. Location: Room HVC-304, Capitol Visitor Center.

10:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing on undisclosed matters. See, notice. Location: Room HVC-304, Capitol Visitor Center.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of several gun bills, and the nomination of Kenneth Gonzales (USDC/DNMex). See, notice. Webcast. Location: Room 226, Dirksen Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, Science, and Related Agencies will hold a hearing on the Department of Justice (DOJ). The witness will be Michael Horowitz (DOJ Inspector General). See, notice. Location: Room H-309, Capitol Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Financial Services and General Government will hold a hearing on the Supreme Court. The witnesses will be Associate Justices Anthony Kennedy and Stephen Breyer. See, notice. Location: Room 2359, Rayburn Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Oversight of the First Responder Network Authority (FirstNet) and Emergency Communications". The witnesses will be __. See, notice. Location: Room 2123, Rayburn Building.

RESCHEDULED FROM MARCH 7. 11:30 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property and the Internet will hold a hearing titled "Abusive Patent Litigation: The Impact on American Innovation & Jobs, and Potential Solutions". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "IP Hazards of Crowdfunding". The speakers will be Mark Nowotarski, Gwilym Roberts, and Chrissie Scelsi. Prices vary. CLE credits. See, notice.

1:00 - 5:00 PM. The National Telecommunications and Information Administration (NTIA) will hold another in its series of meetings regarding mobile application transparency. See, notice. This event will also be teleconferenced. Location: American Institute of Architects, 1735 New York Ave., NW.

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

5:30 - 7:30 PM. The American Bar Association's (ABA) Section of Antitrust Law and Young Lawyers Division will host an event titled "Antitrust Winter Happy Hour". See, notice. Location: Co Co. Sala, 929 F St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Mobile Payments: Turning Your Cellphone into Your Wallet". The speakers will be Jackie McCarthy (CTIA), Spencer White (ISIS), Jenelle Tortorella (LevelUp), Trey Hanbury (Hogan Lovells), Pattie Allouise (Federal Reserve Bank of Boston), Jules Polonetsky ( Future of Privacy Forum), Jason Oxman ( Electronic Transactions Association), and Cindy Jenkins (NACHA). CLE credits. Prices vary. See, notice. Location: Hogan Lovells, 555 13th St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notices (PNs) regarding development of the forward looking cost model for Connect America Phase II. These PNs are DA 12-1561, DA 12-1687, DA 12-2011, DA 12-2029, and DA 13-70 in WC Docket Nos. 10-90 and 05-337. See, notice in the Federal Register, Vol. 78, No. 18, January 28, 2013, at Pages 5765-5767.

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

Supreme Court conference day. See, Supreme Court calendar.

8:50 AM - 12:30 PM. The Brookings Institute will host a panel discussion titled "Tax Policy and U.S. Manufacturing in a Global Economy". See, notice. Webcast. Free. Open to the public. Location: Brookings, 1775 Massachusetts Ave., NW.

1:00 - 2:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Antitrust Compliance Programs and the AU Optronics Case". The speakers will be Heather Tewksbury (DOJ Antitrust Division), Joseph Murphy (Society of Corporate Compliance and Ethics), Theodore Banks (Scharf Banks Marmor), and Eric Wilson (Godfrey & Kahn). Free. No CLE credits. See, notice.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice in the Federal Register (FR) regarding software patents. See, FR, Vol. 78, No. 2, January 3, 2013, at Pages 292-295. See also, story titled "USPTO Announces Roundtables on Software Patents" in TLJ Daily E-Mail Alert No. 2,503, January 3, 2013.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice in the Federal Register (FR) regarding potential practices that patent applicants can employ at the drafting stage of a patent application in order to facilitate examination and bring more certainty to the scope of issued patents. See, FR, Vol. 78, No. 10, January 15, 2013, at Pages 2960-2961. See also, story titled "USPTO Seeks Comments on Preparation of Patent Applications" in TLJ Daily E-Mail Alert No. 2,512, January 20, 2013.

Deadline to submit applications to Google for its "Google Policy Fellowships". See, notice.

Effective date of Section 3 of HR 1249 [LOC | WW], the "Leahy-Smith America Invents Act", Public Law 112-29. This section is titled "First Inventor to File". Subsection 3(n) provides in part that "the amendments made by this section shall take effect upon the expiration of the 18-month period beginning on the date of the enactment of this Act". President Obama signed this Act into law on September 16, 2011.

Deadline to submit comments to the Department of Transportation's (DOT) Federal Aviation Administration (FAA) regarding it proposed rule that would prohibit flight crew members from using a personal wireless communications device or laptop computer for personal use while at their duty station on the flight deck while the aircraft is being operated. See, notice in the Federal Register, Vol. 78, No. 10 January 15, 2013, at Pages 2912-2916.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Wireline Competition Bureau in response to its Public Notice (PN) requesting comments regarding the Remote Areas Fund. This PN is DA  13-69 in WC Docket No. 10-90. The FCC released it on January 17, 2013. See, notice in the Federal Register, Vol. 78, No. 26, February 7, 2013, at Pages 9020-9024.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Third Further Notice of Proposed Rule Making (3rdFNPRM) regarding 121.5 MHz emergency locator transmitters (ELTs). This item is FCC 13-2 in WT Docket No. 01-289. The FCC adopted this item on January 7, 2013, and released the text on January 8. See, notice in the Federal Register, Vol. 78, No. 20, January 30, 2013, at Pages 6276-6278.

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