5/2. The Federal Election Commission (FEC) published a notice in the Federal Register (FR) that announces, describes, and requests comments on, proposed rules changes regarding contributions and expenditures made by electronic means, including credit card, debit card, internet based payment processing, and text messaging.

The FEC adopted a draft Advance Notice of Proposed Rulemaking (ANPRM) at its April 25, 2013 meeting. It published the final text in its May 2 FR notice. The deadline to submit comments is June 3, 2013. See, FR, Vol. 78, No. 85, May 2, 2013, at Pages 25635-25638.

This notice does not contain the text of any proposed rules changes. However, it asks numerous questions.

It states that "people increasingly use electronic means to contribute to political committees". For example, "among adults who donated to presidential candidates in the 2012 election, 50 percent donated online
or via email".

Hence, the FEC "is considering whether and how to revise its regulations to address electronic contributions and other transactions." The FEC has already  begun to address some questions raised in this notice by advisory opinions (AO).

First, the notice asks about current industry practices. "How are commercial and consumer electronic transactions conducted generally? What are the industry standards, practices, and safeguards? How do vendors and third-party payment processors, such as PayPal, verify the payer's identity and attribute payments made by credit card? What types and forms of information are typically collected and maintained? What are the standard practices of third-party payment processors, such as PayPal or Square? What are the intermediate steps in processing electronic transactions? Do vendors or third-party payment processors typically process multiple recipients' funds through merchant accounts? What are the general timeframes for each step of these electronic processes? What are typical accounting practices with regard to merchant accounts? How do these practices differ, if at all, for prepaid debit, credit, banking and gift card transactions? How might practices change in light of emerging technologies? Are there other forms of electronic payment--such as by electronic wallet or swipe, P2P (or person to person) platform, mobile app, or Twitter hashtag -- that the Commission should consider if it decides to revise its rules?" (Parentheses in original. Footnotes omitted.)

Second, the notice asks about how political committees receive contributions. "Do political committees' practices differ from general commercial industry standards and practices? If so, how do they differ? Are political committees' practices comparable to those of nonprofit organizations that receive electronic donations at the Federal, State, or local level? What legal or practical considerations or constraints drive any such differences? What role, if any, should commercial industry standards and practices play in the Commission's consideration of requirements for electronic contributions received by political committees?"

The notice also asks numerous questions about recordkeeping practices for electronic transactions.

It also asks whether the FEC should amend its regulations "to address contributions made by text
message". The FEC has addressed this in advisory opinions. See, for example, Advisory Opinion (AO) [20 pages in PDF] adopted by the FEC on June 11, 2012 in response to a request from Red Blue T LLC, ArmourMedia, Inc., and m-Qube, Inc. Also, group of 15 members of the House of Representatives submitted a letter urging the FEC to allow text message campaign contributions. They wrote that "we must find ways to enhance the role of small donors". See also, "More News" section of TLJ Daily E-Mail Alert No. 2,434, August 22, 2012.

The notice also states that the FEC "is also considering whether and, if so, how to revise the paper-oriented definitions of ``money´´ and determinations of ``disbursement´´ in its regulations."

Finally, this notice states that the FEC "is considering whether to revise its regulations that expressly apply only to cash contributions so that they also expressly apply to certain electronic contributions".

5/9. The Copyright Office (CO) published a notice in the Federal Register (FR) that announces, describes, recites, and requests comments on, proposed rules regarding allowing copyright owners to audit the Statements of Account and royalty fees that cable operators and satellite carriers deposit with the CO for secondary transmissions of broadcast programming made pursuant to statutory licenses under 17 U.S.C. §§ 111 and 119.

Initial comments are due by 5:00 PM on June 10, 2013. Reply comments are due by 5:00 PM on June 24, 2013. See, FR, Vol. 78, No. 90, May 9, 2013, at Pages 27137-27153. This proceeding is CO Docket No. 2012-5.

The CO previously published a notice in the FR with proposed rules. See, FR, Vol. 77, No. 115, Thursday, June 14, 2012, at Pages 35643-35652. See also, story titled "Copyright Office Issues Proposed STELA Rules Regarding Auditing Statements of Account" in TLJ Daily E-Mail Alert No. 2,398, June 18, 2012.

The just released notice states that the CO "has revised the proposed regulation based on comments that it received from copyright owners, cable operators, and satellite carriers".

See, comments [10 pages in PDF] of the American Cable Association (ACA), comments [17 pages in PDF] of the National Cable & Telecommunications Association (NCTA), comments [11 pages in PDF] of AT&T, comments [3 pages in PDF] of Directv, comments [11 pages in PDF] of DISH, and comments [21 pages in PDF] of numerous copyright owner groups.

5/7. The Office of the U.S. Trade Representative (OUSTR) announced that it seeks public comments on, and will hold a public hearing on, Japan's participation in the Trans Pacific Partnership (TPP) trade agreement negotiations.

The OUSTR seeks comment on, among other topics, "relevant trade-related intellectual property rights issues" and "relevant electronic commerce and cross-border data flow issues that should be addressed in the TPP negotiations". See, notice in the Federal Register, Vol. 78, No. 88, May 7, 2013, at Pages 26682-26684.

The hearing will be held at 9:30 AM on July 2, 2013, in the Main Hearing Room, U.S. International Trade Commission, 500 E St., SW.

The deadline to submit requests to testify at the hearing is 11 59 PM on June 9. The deadline to submit written comments is also 11:59 PM on June 9.

See also,

• stories titled "Japan May Join TPPA Negotiations" and "Abe Advocates Rules for Trade, Investment and IP" in TLJ Daily E-Mail Alert No. 2,527, February 25, 2013.
• stories titled "Congressional Democrats Express Concern About Japanese Participation In TPP Negotiations", "Acting USTR Marantis Welcomes Japan's Interest in TPP Negotiations", "Donilon Addresses TPP" and "More TPP News" in TLJ Daily E-Mail Alert No. 2,535, March 18, 2013.
• stories titled "Japan Joins TPP Negotiations" and "David Dreier Recommends that PRC Join TPP Negotiations" in TLJ Daily E-Mail Alert No. 2,551, April 17, 2013.

5/8. A three member panel of the World Trade Organization (WTO) recommended that Roberto Azevêdo be named the next Director General (DG) of the WTO. He would replace Pascal Lamy. See, WTO release.

Azevedo has been the Permanent Representative of Brazil to the WTO since 2008. He has also represented Brazil before the World Intellectual Property Organisation (WIPO), the United Nations Conference for Trade and Development (UNCTAD), and the International Telecommunications Union (ITU).

Acting U.S. Trade Representative Demetrios Marantis stated in a release that "The United States is pleased to join the consensus decision that has selected Roberto Azevêdo as the next Director-General of the WTO, and we look forward to working with him and with our fellow Members for a robust, relevant, and productive organization in the years to come."

EC Commissioner for Trade Commissioner Karel De Gucht praised the selection. He stated in a release that "we are convinced that Mr Carvalho de Azevêdo will help all the WTO members put the multilateral agenda back on track with the ultimate aim of a successful conclusion of the Doha Development Agenda (DDA)."

5/13. President Obama nominated Ryan Crocker to be a member of the Broadcasting Board of Governors. See, White House news office release and release.

5/9. The Senate Judiciary Committee (SJC) began an executive business meeting on May 9, 2013. It will resume on May 14. The main item on the agenda is mark up of a huge immigration bill. The agenda also included approval of the nominations of Srikanth Srinivasan (USCA/DCCir), Raymond Chen (USCA/FedCir), and Jennifer Dorsey (USDC/DNev). All three nominations were held over.

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The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. The House will consider under suspension of the rules HR 1580 [LOC | WW], an untitled bill that states that "It is the policy of the United States to preserve and advance the successful multistakeholder model that governs the Internet." Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule.

8:45 AM - 1:30 PM. The Center for Strategic and International Studies (CSIS) and Japan External Trade Organization (JETRO) will host an event titled "Seminar on Asia-Pacific Economic Integration". Sen. Ben Cardin (D-MD) is scheduled to speak at 8:50 AM. Hiroyuki Ishige (Ch/CEO of JETRO) is scheduled to speak at 9:35 AM. There will be a panel titled "New Developments in Asia Pacific Economic Integration" at 9:55 AM. The speakers will include Zhang Jianping (PRC's National Development and Reform Commission), Shujiro Urata (Waseda University), Hank Lim (Singapore Institute of International Affairs), Scott Miller (CSIS) and Michael Green (CSIS). Wendy Cutler (Assistant U.S. Trade Representative for Japan, Korea, and APEC Affairs) will be the luncheon speaker. See, notice. Location: CSIS, 1800 K St., NW.

9:00 - 10:00 AM. The Georgetown University's Georgetown Center for Business & Public Policy (GCBPP) will host a panel discussion titled "Spectrum Auction Policy: Potential Outcomes for Economic Growth and Public Safety". The speakers will be Douglas Eakin (American Action Forum), Robert Shapiro (Sonecon), and John Mayo (Georgetown University). Free. Breakfast will be served. See, notice and registration page. Location: Room B-340, Rayburn Building.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Processing Equipment Technical Advisory Committee (MPETAC) will meet in partially closed session. The open portion of this meeting will also be teleconferenced. See, notice in the Federal Register, Vol. 78, No. 79, April 24, 2013, at Page 24160-1. Location: DOC, Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

10:00 AM. The Senate Judiciary Committee (SJC) will continue the executive business meeting that it began on May 9, 2013. The SJC is marking up S 744 [LOC | WW], the "Border Security, Economic Opportunity, and Immigration Modernization Act". There will be a live and archived webcast. See, notice. Location: Room G-50, Dirksen Building.

MOVED TO MAY 15. 10:00 AM - 12:15 PM. The American Enterprise Institute (AEI) will host an event titled "Game Changer: Japan and the Trans-Pacific Partnership Agreement". Kenichiro Sasae (Ambassador of Japan) will give the keynote address, followed by a panel discussion. The panelists will be Mac Destler (University of Maryland), Gordon Flake (Mansfield Foundation), Mireya Solis (Brookings Institution), and Claude Barfield (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

10:30 AM. The Senate Commerce Committee's (SCC) Subcommittee on Communications, Technology, and the Internet will hold a hearing titled "State of Video". The witnesses will be Gordon Smith (National Association of Broadcasters), Michael Powell (National Cable & Telecommunications Association), Stanton Dodge (DISH Network), and John Bergmayer (Public Knowledge). See, notice. Location: Room 253, Russell Building.

12:15 - 1:30 PM. The Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "New Technologies and the Changing Face of Communications Law". The speakers will be Austin Schlick (Google), Robert Quinn (AT&T), Lynn Charytan (Comcast), Corie Wright (Netflix), Brendan Kasper (Vonage), and Justin Faulb (Eckert Seamans). For more information, contact Brendan Carr at Brendan dot Carr at fcc dot gov or Justin Faulb at Jfaulb at eckertseamans dot com. Location: Hogan Lovells, 555 13th St., NW.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a panel discussion titled "Drone Wars: Counterterrorism and Human Rights". Lunch will be served. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

1:00 - 2:00 PM. The American Bar Association's (ABA) Section of Antitrust will host a teleconferenced panel discussion titled "Privacy and Information Security Update". The speakers will be Benita Kahn (Vorys Sater Seymour & Pease) and David Keating, Paul Martino, Kim Peretti, and Bruce Sarkisian (all of Alston & Bird). No CLE credits. See, notice.

2:15 PM. The Senate Foreign Relations Committee (SAC) will hold a meeting to mark up several items, including S 579 [LOC | WW], a bill to direct the Secretary of State to develop a strategy to obtain observer status for Taiwan at the triennial International Civil Aviation Organization Assembly. See, notice. Location: Room S-116, Capitol Building.

2:30 PM. The House Oversight and Government Reform Committee (HOGRC) will hold a hearing titled "Data Centers and the Cloud: Is the Government Optimizing New Information Technologies to Save Taxpayers Money?". The witnesses will be David Powner (Government Accountability Office), Bernard Mazer (Department of the Interior CIO), Kenyon Wells (CGI Federal), Steve O'Keeffe (MeriTalk), and Teresa Carlson (Amazon Web Services). See, notice. Location: Meese Conference Room, Mason Hall, George Mason University, 4379 Mason Pond Drive, Fairfax, VA.

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

10:00 AM - 12:15 PM. The American Enterprise Institute (AEI) will host an event titled "Game Changer: Japan and the Trans-Pacific Partnership Agreement". Kenichiro Sasae (Ambassador of Japan) will give the keynote address, followed by a panel discussion. The panelists will be Mac Destler (University of Maryland), Gordon Flake (Mansfield Foundation), Mireya Solis (Brookings Institution), and Claude Barfield (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

12:00 NOON - 1:30 PM. The Institute for Policy Innovation (IPI) will host a panel discussion titled "Software Patents: A Bridge for Trolls". The speakers will be Robert Stoll (Drinker Biddle & Reath), Jon Potter (Application Developers Alliance), and Gary Greenfield. Free. Open to the public. Lunch will be served. See, notice and registration page. Location: Room 2325, Rayburn Building.

12:00 NOON - 5:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure. See, notice in the Federal Register, Vol. 78, No. 79,  April 24, 2013, at Page 24239. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a panel discussion titled "Unfinished Business: Wireless Competition and the FCC Transition". The speakers will be Rebecca Thompson (Competitive Carriers Association), Matt Wood (Free Press), Steve Sharkey (T-Mobile), Steven Renderos (Center for Media Justice), Michael Calabrese (NAF), and Sascha Meinrath (NAF). Lunch will be served. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

1:00 PM. The House Judiciary Committee (HJC) will hold a hearing titled "Oversight of the Department of Justice". The witness will be Attorney General Eric Holder. See, notice. Location: Room 2141, Rayburn Building.

1:00 PM. The House Small Business Committee (HSBC) will hold a hearing titled "Patent Reform Implementation and New Challenges for Small Businesses". The witnesses will be Dennis Crouch (University of Missouri School of Law), Jeff Granger (The Foundry, testifying for the Medical Device Manufacturers Association), John Thomas (Georgetown University), and Mark Grady (INdigital Telecom). See, notice. Location: Room 2360, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) titled "The Road Ahead: Advanced Vehicle Technology and its Implications". The topics to be covered include vehicle to vehicle communication and communications and entertainment devices for drivers. The witnesses will be __. See, notice. Location: Room 253, Russell Building.

6:00 - 9:15 PM. The DC Bar Association will host a panel discussion titled "Can They Fire Me For Putting That on Facebook?". Julienne Bramesco (Clearspire Law), Lily Garcia (Clearspire Law), and Diane Seltzer. The price to attend ranges from $89 to $129. CLE credits. For more information, call 202-626-3488. The DC Bar has a history of barring reporters from its events. See, notice. Location: DC Bar Conference Center, 1101 K St., NW.

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

Supreme Court conference day. See, Supreme Court calendar.

8:30 AM - 1:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering. See, original notice in the Federal Register (FR), Vol. 78, No. 79,  April 24, 2013, at Page 24239, and correction notice in the FR, Vol. 78, No. 84, May 1, 2013, at Page 25484. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

9:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies will hold a hearing titled "Facilitating Cyber Threat Information Sharing and Partnering with the Private Sector to Protect Critical Infrastructure: An Assessment of DHS Capabilities". The witnesses will be __. See, notice. Location: Room 311, Cannon Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on on Immigration and Border Security will meet. The agenda includes several non-technology related items, and a hearing on HR 1772 [LOC | WW], the "Legal Workforce Act", a bill to make employer participation in the E-Verify system mandatory. The witnesses will be __. See, HJC notice and story titled "Rep. Smith Introduces Bill to Make E-Verify Mandatory" in TLJ Daily E-Mail Alert No. 2,556, May 1, 2013. Location: Room 2141, Rayburn Building.

10:00 AM. The House Financial Services Committee (HFSC) will hold a hearing titled "Oversight of the SEC’s Agenda, Operations, and FY 2014 Budget Request". See, notice. Location: Room 2128, Rayburn Building.

10:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing on undisclosed matters. See, notice.

10:00 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Commerce, Justice and Science, and Related Agencies will hold a partially closed hearing on the FY 2014 budget for the Federal Bureau of Investigation (FBI). The witness will be FBI Director Robert Mueller. The open portion of the meeting will be held at 10:00 AM in Room 192, Dirksen Building. The closed portion will be held at 11:15 AM in Room SVC-217, Capitol Building.

12:30 AM - 5:30 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering. See, notice in the Federal Register, Vol. 78, No. 79,  April 24, 2013, at Page 24239. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "The Ethics of Legal Marketing in a Social Media Age". The speakers will be Charles Gardner (Much Shelist), William Slease (Disciplinary Board of the State of New Mexico), Peter Winders (Carlton Fields), Tracy Kepler (Illinois Attorney Registration & Disciplinary Commission). Prices vary. CLE credits. See, notice.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property and the Internet will hold a hearing titled "A Case Study for Consensus Building: The Copyright Principles Project". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

2:00 PM. The House Ways and Means Committee's (HWMC) Subcommittee on Trade will hold a hearing titled "U.S.-EU Trade and Investment Partnership Negotiations". See, notice. Location: Room 1100, Longworth Building.

2:00 PM. The House Science Committee's (HSC) Subcommittee on Oversight will hold a hearing titled "Espionage Threats at Federal Laboratories: Balancing Scientific Cooperation while Protecting Critical Information". The witnesses will be Charles Vest (National Academy of Engineering), Larry Wortzel (Commissioner, U.S.-China Economic and Security Review Commission), Michelle Van Cleave, and David Major (Centre for Counterintelligence and Security Studies). See, notice. Location: Room 2318, Rayburn Building.

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

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) in response to its March 14, 2013 Public Notice [4 pages in PDF] requesting comments to refresh the record regarding fraudulent 911 calls made from Non-Service Initialized (NSI) devices, blocking NSI devices used to make fraudulent 911 calls, and other possible solutions to the problem of fraudulent 911 calls from NSI devices. This item is DA 13-430 in EB Docket No. 08-51. See, notice in the Federal Register, Vol 78, No. 62, April 1, 2013, at Pages 19442-19443.

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

8:30 AM - 2:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering. See, original notice in the Federal Register (FR), Vol. 78, No. 79,  April 24, 2013, at Page 24239, and correction notice in the FR, Vol. 78, No. 84, May 1, 2013, at Page 25484. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

9:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, Homeland Security and Investigations will hold a hearing titled "Eyes in the Sky: The Domestic Use of Unmanned Aerial Systems". 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 "The Virtual Office, Working Remotely, and Online Collaboration". Prices vary. CLE credits. See, notice.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding it revisions to its patent fees rule. See, notice in the Federal Register, Vol. 78, No. 54, March 20, 2013, at Pages 17102-17108, and story titled "USPTO Issues Corrected Patent Fees Rule" in TLJ Daily E-Mail Alert No. 2,540, March 25, 2013.

Deadline to submit replies to oppositions to the Federal Communications Commission (FCC) to the Petition for Reconsideration and Clarification [12 pages in PDF] filed by the US Telecom regarding the rural health care reform Report and Order [242 pages in PDF], adopted on December 12, 2012 and released on December 21, FCC 12-150 in WC Docket No. 02-60. See, notice in the Federal Register, Vol. 78, No. 79, April 24, 2013, at Page 24147.

? 8:00 - 10:00 AM. Broadband Census News LLC will host a panel discussion titled "Gigabyte Nation: How Different Will These Networks Be?". The speakers will be __. Breakfast will be served. This event is open to the public. The price to attend is $47.12. See, notice and registration page. This event is also sponsored by Comcast, Google, ICF Intl., NCTA TIA, and US Telecom. Location: Clyde's of Gallery Place, 707 7th St., NW.

9:00 AM - 12:30 PM. The Center for Strategic and International Studies (CSIS) will host an event titled "Threat and Response: Combating Advanced Attacks and Cyber-Espionage". The speakers will be David DeWalt (Ch/CEO of FireEye), Ashar Aziz (FireEye), Shane McGee (General Counsel of Mandiant), James Mulvenon (Defense Group, Inc.), Shawn Henry (CrowdStrike), James Lewis (CSIS), Bruce McConnell (Deputy Under Secretary for Cybersecurity, National Protection and Programs Directorate, DHS), John Nagengast (AT&T), John Gilligan (The Gilligan Group), and Robert Lentz (Cyber Security Strategies). See, notice. Location: CSIS, B1 Conference Center, 1800 K St., NW.

10:00 AM - 3:30 PM. The New America Foundation (NAF) will host an event titled "The Next Generation University". Live webcast. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

Deadline to submit comments to the Copyright Office (CO) in response to its notice of inquiry (NOI) regarding potential improvements and technical enhancements to the information technology platforms that support its registration and recordation functions. See, notice in the Federal Register, Vol. 78, No. 56, March 22, 2013, at Pages 17722-17724, and story titled "Copyright Office Issues Notice of Inquiry on Improving Its IT" in TLJ Daily E-Mail Alert No. 2,540, March 25, 2013.