6/4. The Executive Office of the President (EOP) released a document that outlines the Obama administration's positions regarding patent reform, particularly abusive threats and litigation by patent assertion entities. This document includes a proposal that the Congress enact legislation that would "Permit more discretion in awarding fees to prevailing parties in patent cases, providing district courts with more discretion to award attorney’s fees under 35 USC 285 as a sanction for abusive court filings". It also proposes real party in interest reforms, changing in the USITC standard for issuance of injunctions, and creating an exemption from liability for patent infringement for off the shelf use by consumers and business. Rep. Bob Goodlatte (R-VA), Chairman of the House Judiciary Committee (HJC), and Sen. Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee (SJC) both welcomed these proposals.

6/4. The U.S. International Trade Commission (USITC) issued a Notice of the Commission's Final Determination Finding a Violation of Section 337 [4 pages in PDF] in its proceeding (Inv. No. 337-TA-794) on the complaint of Samsung against Apple regarding the importation of certain electronic devices alleged to infringe Samsung patents.

Section 337, which is codified at 19 U.S.C. § 1337, among other things, makes unlawful the following: "The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that ... infringe a valid and enforceable United States patent or a valid and enforceable United States copyright ... or ... are made, produced, processed, or mined under, or by means of, a process covered by the claims of a valid and enforceable United States patent".

The USITC found Apple in violation of Section 337 as to some but not all of the patents cited in the complaint.

The USITC also issued a limited exclusion order that prohibits Apple from importing certain wireless communication devices, portable music and data processing devices, and tablet computers (certain older AT&T models -- iPhone 4, iPhone 3GS, iPad 3G, and iPad2 3G).

It also issued a cease and desist order prohibiting sale and distribution in the U.S.

6/4. Federal Communications Commission (FCC) Chairman Mignon Clyburn announced personnel changes.

On May 30, Clyburn named Michelle Ellison, who was Chief of the FCC's Enforcement Bureau (EB) to be her Chief of Staff. See, FCC release. Then, on June 4, Clyburn named Robert Ratcliffe to be acting Chief of the FCC's EB, replacing Ellison. See, FCC release. Ellison has worked at the FCC since 1995. Ratcliffe was Deputy Chief of the FCC's Media Bureau. 

Clyburn named Dave Grimaldi (at right) to be her Chief Counsel and Senior Legal Advisor. He previously worked as Chief of Staff to Clyburn. Before that, he worked on Capitol Hill, as Senior Counsel to Clyburn's father, Rep. James Clyburn (D-SC), and for former Rep. Ed Towns (D-NY), a senior member of the House Commerce Committee (HCC).

Clyburn named Louis Peraertz (at left) to be her Legal Advisor for wireless, international, and public safety issues. He has worked for Clyburn since 2009. Before that, he worked in the FCC's Wireless Telecommunications Bureau (WTB) and Office of General Counsel. And before joining the FCC, he worked in the Department of Justice's (DOJ) Civil Rights Division.

Clyburn named Rebekah Goodheart to be her Legal Advisor for wireline issues. She has worked at the FCC since 2008, as Deputy Director of the Technology Transitions Policy, Associate Chief of the Wireline Competition Bureau (WCB), Senior Policy Advisor for the Omnibus Broadband Initiative, and Assistant Division Chief in the Media Bureau's (MB) Industry Analysis Division. Before joining the FCC, she worked in the DOJ's Antitrust Division's Telecommunications and Media Enforcement Section. And before that, she worked for the Washington DC law firm of Wiley Rein.

Clyburn named Sarah Whitesell to be her Legal Advisor for media issues. She is a long time FCC employee. She was previously Deputy Bureau Chief of the FCC's MB. Before joining the MB in 2005, she held numerous other positions around the FCC, including in the FCC's Office of Strategic Planning and Policy Analysis, in the formerly named Cable Bureau, as acting Legal Advisor to former Commissioner Jonathan Adelstein on media issues, and as Legal Advisor to former Commissioner Gloria Tristani for common carrier issues. She has also worked at the DOJ's Antitrust Division, and for the law firm now known as Wilmer Hale (Wilmer Cutler & Pickering).

Clyburn named Drema Johnson to be her Confidential Assistant, DeeAnn Smith to be her Staff Assistant, Dorothy Terry to be her Special Assistant, and Carol Lott to be her Special Assistant.

6/4. President Obama nominated Patricia Ann Millett, Cornelia Pillard, and Robert Wilkins to be Judges of the U.S. Court of Appeals (DCCir). See, White House news office release.

He also gave a speech in which he asserted that this is not "court packing". He argued that "We're not adding seats here. We're trying to fill seats that are already existing." He added, "I didn't create these seats. I didn't just wake up one day and say, let's add three seats to the District Court of Appeals."

The DC Circuit by statute has 11 seats for active status judges. See, 28 U.S.C. § 44(a). With the confirmation of Sri Srinivasan last month, the DC Circuit now has 8 judges.

Four of the current active status judges were appointed by Republicans: Janice Brown, Brett Kavanaugh, Karen Henderson and Thomas Griffith. Four were appointed by Democrats: Merrick Garland, Judith Rogers, David Tatel, and Sri Srinivasan.

At issue is whether this circuit needs any more judges, given its workload, and whether the President now seeks to pack the court with judges who are inclined to uphold broad assertions of executive authority.

One consequence of three more Democratic judges would be that most three judge panels would have a majority of Democrats. A consequence of just one more Democratic judge would be that en banc reviews of opinions of three judge panels that go against the President, which require a majority vote from the active status judges, would be more likely.

Court Packing Hypothesis. Of the three persons nominated on June 4, two (Millett and Pillard) have records as government lawyers who have often defended executive action in the courts. Their nominations are consistent with the hypothesis that the President is seeking to pack the court with judges more favorably disposed to the actions that he is likely to take in his second administration.

President Obama showed only limited interest in the DC Circuit in his first term. Moreover, he squandered two and a half years half heartedly pushing a nominee (Caitlin Halligan) whom he could foresee from the outset would incite conservative opposition, and for whom red state Democratic Senators would be loath to vote.

When President Obama came to office, there were solid Democratic majorities in the House and Senate. President Obama could implement many of his policy objectives through legislation, and Senate confirmation of his executive branch nominees. This limited the chances that any particular action would be overturned by the courts. Then, Republicans won control of the House in 2010, and Democrats failed to retake the House in 2012. Senate Democrats were left with a narrower majority in the Senate after the 2010 elections, and markedly less enthusiasm for pushing many of the President's initiatives.

One Presidential reaction has been to implement policy objectives by executive action, rather than legislation. This in turn, resulted in greater scrutiny of executive nomimees. And this, in turn, resulted in the President making appointments -- purportedly recess appointments -- which the DC Circuit rejected in its January 25 opinion [PDF] in Canning v. NLRB.

Hence, as the court packing hypothesis goes, President Obama, is concerned that the DC Circuit will strike down more unilateral executive actions, and thereby frustrate his pursuit of his policy objectives. Thus, to attain his policy objectives, his strategy is now to put more judges on the one circuit that hears many of the challenges to executive actions.

President Obama is probably motivated most by concerns that the DC Circuit, without more Democrats, would strike down actions by the Environmental Protection Agency (EPA) and financial regulatory agencies acting under the rubric of Dodd Frank authority.

However, the success or failure of his current effort would also affect technology related areas of law. For example, the President has failed to win passage of his favored cyber security regulation bill in either the House or Senate, and is now acting without legislative authority through an executive order and agency actions. He may take action that would be overturned by the DC Circuit with its current composition.

Similarly, the Federal Trade Commission (FTC) may seek to create new or expanded regulatory regimes under the rubric of Section 5 of the FTC Act, for example, by ditching existing antitrust statutes and precedent, and instead regulate competition in the tech sectors under Section 5 in a more interventionist manner than the antitrust statutes now permit. A reconstituted court would likely be more amenable to such action.

Backgrounds of the Three Nominees. Millett works in the Washington DC office of the law firm of Akin Gump. From 1996 through 2007 she worked in the Department of Justice's (DOJ) Office of the Solicitor General (OSG). Before that, she worked as a litigator in the DOJ's Civil Division.

None of these three nominees could be described as experts in technology related areas of law. Very few judicial nominees are. However, it might be recalled that Millett argued for the government in KP Permanent Make-Up v. Lasting Impressions, Sup. Ct. No. 03-409, a case regarding fair use and trademarks.

See, DOJ/OSG amicus brief, December 8, 2004 opinion of the Supreme Court, reported at 543 U.S. 111, and story titled "Supreme Court Rules on Fair Use in Trademark Case" in TLJ Daily E-Mail Alert No. 1,034, December 9, 2004.

The Supreme Court held that "a plaintiff claiming infringement of an incontestable mark must show likelihood of consumer confusion as part of the prima facie case, 15 U. S. C. §1115(b), while the defendant has no independent burden to negate the likelihood of any confusion in raising the affirmative defense that a term is used descriptively, not as a mark, fairly, and in good faith".

Pillard is a professor at Georgetown University law school. During the Clinton administration she worked in the DOJ's OSG and Office of Legal Counsel (OLC). She also possesses a record that would lead many conservatives to oppose her nomination absent any allegations of court packing.

Wilkins is a Judge of the U.S. District Court (DC). President Obama appointed him in 2010. From 2002 through 2010 he was a partner in the law firm of Venable. Before that, he worked for twelve years in the Public Defender Service for the District of Columbia.

More Information. See, related TLJ stories: "Sen. Grassley Condemns Obama's Plans to Pack DC Circuit" in TLJ Daily E-Mail Alert No. 2,569, May 3, 2013, "Obama Wants to Appoint Three More Judges to DC Circuit" in TLJ Daily E-Mail Alert No. 2,566, May 23, 2013, and "Future Nominees for the DC Circuit May Face Republican Opposition" in TLJ Daily E-Mail Alert No. 2,562, May 15, 2013.

The American Constitution Society for Law and Policy issued a release backing the President.

6/4. Sen. Charles Grassley (R-IA) commented on President Obama's nomination of Mike Froman to be the U.S. Trade Representative.

President Obama, who knows Froman from their law school student days, nominated Froman a month ago. See, story titled "President Obama Picks Mike Froman to be USTR" in TLJ Daily E-Mail Alert No. 2,557, May 6, 2013. He works in the Executive Office of the President (EOP) as Deputy National Security Advisor for International Economic Affairs. Before joining the Obama administration he worked at Citgroup. He also worked in the Department of the Treasury during the Clinton administration.

Miriam Sapiro (at right) has been the acting USTR since May 23, 2013.

The Senate Finance Committee (SFC), of which Sen. Grassley is a senior member, has jurisdiction over trade issues, and the nomination of the USTR. The financial disclosure form that Froman submitted to the SFC discloses Ugland House investment holdings.

Ugland House is a building in the Cayman Islands that serves as the official address of thousands of corporations.

President Obama gave a speech on May 4, 2009 regarding international tax policy and offshore tax havens. He focused on Ugland House.

He said that "I used to talk about the outrage of a building in the Cayman Islands that had over 12,000 business -- businesses claim this building as their headquarters. And I've said before, either this is the largest building in the world or the largest tax scam in the world."

He said that while most Americans meet their responsibilities to pay their fair share of taxes, "there are others who are shirking theirs. And many are aided and abetted by a broken tax system, written by well-connected lobbyists on behalf of well-heeled interests and individuals. It's a tax code full of corporate loopholes that makes it perfectly legal for companies to avoid paying their fair share. It's a tax code that makes it all too easy for a number -- a small number of individuals and companies to abuse overseas tax havens to avoid paying any taxes at all."

The President said then that "It's the kind of tax scam that we need to end. That's why we are closing one of our biggest tax loopholes."

Sen. Grassley's point is that Froman is one of those well heeled tax shirkers against whom the President railed in his 2009 speech.

Sen. Grassley wrote in a memorandum to reporters and editors titled "Nominee with offshore accounts" that "President Obama called the Ugland House `the biggest tax scam in the world.´ Yet he nominated two top advisers in a row who invested in the Ugland House."

Sen. Grassley continued that "When he was first elected, the President said tax avoidance through international tax havens forced ordinary Americans to `pick up the slack.´ He railed against fat cats who avoid taxes offshore. President Obama's hypocrisy is piling up with his picks for top posts in his Administration. If the latest nominations go through, he'll have two members of his Cabinet and one adviser with Cabinet-rank status who used the offshore practices he said forced ordinary Americans `to pick up the slack.´"

Jack Lew is the other Ugland House alumus picked for high office by Obama.

Politicians have for a long time criticized tax laws regarding foreign income, and offshore tax havens. Moreover, most of the targets of these attacks are engaging in entirely lawful activity. However, the integrity and fairness of the U.S. tax system came under close public scrutiny with the disclosure in April of political targeting by the Internal Revenue Service (IRS). Jack Lew won Senate confirmation before the IRS scandal broke. In contrast, Froman faces a confirmation contest set against the backdrop of this unfolding IRS scandal.

6/4. The Senate Commerce Committee's (SCC) Subcommittee on Communications, Technology, and the Internet held a hearing titled "The State of Wireless Communications". See, prepared testimony of Steve Largent (head of the CTIA), prepared testimony of Doug Webster (Cisco Systems), prepared testimony of Steven Berry (head of the Competitive Carriers Association), prepared testimony of Delara Derakhshani (Consumers Union), prepared testimony of Thomas Nagel (Comcast Corporation), and prepared testimony of George Ford (Phoenix Center). See also, SCC web page with hyperlink to archived webcast.

6/4. The Federal Communications Commission (FCC) published a notice in the Federal Register (FR) that sets comment deadlines for its Further Notice of Proposed Rulemaking and Notice of Inquiry (FNPRM & NOI) regarding human exposure to RF electromagnetic fields. The deadline to submit initial comments is September 3, 2013. The deadline to submit reply comments is November 1, 2013. The FCC adopted this item on March 27, 2013, and released it March 29, 2013. It is FCC 13-39 in ET Docket Nos. 03-137 and 13-84. See, FR, Vol. 78, No. 107, June 4, 2013, at Pages 33654-33687. See also, story titled "FCC Addresses Cellphone RF Exposure" in TLJ Daily E-Mail Alert No. 2,543, April 1, 2013.

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The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House will consider HR 2217 [LOC | WW], the "Department of Homeland Security Appropriations Act, 2014". See, Rep. Cantor's schedule.

The Senate will meet at 9:00 AM. It is scheduled to resume consideration of S 954 [LOC | WW], the "Agriculture Reform, Food, and Jobs Act of 2013".

Day one of a two day conference titled "Health Privacy Summit". See, conference web site. Location: Georgetown University law school, 600 New Jersey Ave., NW.

8:00 AM - 12:30 PM. Day one of a two day conference hosted by the Center for Strategic and International Studies (CSIS) titled "Managing Tensions in the South China Sea". See, notice. Location: CSIS, B1 Conference Center, 1800 K St., NW.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Regulatory Reform, Commercial and Antitrust Law will hold a hearing on HR 1493 [LOC | WW], the "Sunshine for Regulatory Decrees and Settlements Act of 2013". The witnesses will be Thomas Easterly (Indiana Department of Environmental Management), William Kovacs (U.S. Chamber of Commerce), Allen Puckett (Columbus Brick Company), and John Walke (Natural Resources Defense Council). See, notice. Location: Room 2141, Rayburn Building.

POSTPONED. 10:00 AM. The Senate Homeland Security and Governmental Affairs Committee (SHSGAC) will hold a hearing titled "Reducing Duplication and Improving Outcomes in Federal Information Technology". The witnesses will be Steven VanRoekel (Office of Management and Budget), Simon Szykman (Department of Commerce), Frank Baitman (Department of Health and Human Services), and David Powner (Government Accountability Office). See, notice. Location: Room 342, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in In Re SRI International, App. Ct. No. 2012-1456. Panel E. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Tahir Mahmood v. Research in Motion, App. Ct. Nos. 2012-1517 and 2013-1062. Panel E. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Lifescan Scotland v. Shasta, App. Ct. No. 2013-1271. Panel F. Location: Courtroom 402, 717 Madison Place, NW.

6:00 - 8:00 PM. The DC Bar Association will host an event titled "2013 Annual Spring Reception Honoring David Kappos". The speakers will included David Kappos (former head of the USPTO) and Judge Sharon Prost (USCA for the Federal Circuit). The price to attend ranges from $20 to $40. No CLE credits. For more information, call 202-626-3463. Reporters are barred. See, notice. Location: Dolley Madison House, 721 Madison Place, NW.

The House will meet at 9:00 AM for legislative business. The House will consider non-technology related items. See, Rep. Cantor's schedule.

Supreme Court conference day. See, Supreme Court calendar.

Day two of a two day conference titled "Health Privacy Summit". See, conference web site. Location: Georgetown University law school, 600 New Jersey Ave., NW.

8:00 AM - 12:30 PM. Day two of a two day conference hosted by the Center for Strategic and International Studies (CSIS) titled "Managing Tensions in the South China Sea". See, notice. Location: CSIS, B1 Conference Center, 1800 K St., NW.

9:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing on undisclosed matters. See, notice. Location: Room HVC-304, Capitol Visitor Center.

9:00 AM - 2:00 PM. The U.S. China Economic and Security Review Commission will hold a hearing titled "China and the Middle East". See, notice [PDF]. Location: Room 608, Dirksen Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property and the Internet will hold a hearing on HR 1123 [LOC | WW], the "Unlocking Consumer Choice and Wireless Competition Act". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of Tony West (to be the Associate Attorney General) and four judicial nominees: Valerie Caproni (USDC/SDNY), Vernon Broderick (USDC/SDNY), Patricia Smith (U.S. Court of Federal Claims), and Elaine Kaplan (U.S. Court of Federal Claims). See also, story titled "Senate Judiciary Committee Holds Hearing on West" in TLJ Daily E-Mail Alert No. 2,568, May 31, 2013, and story titled "Obama Nominates Caproni to District Court" in TLJ Daily E-Mail Alert No. 2,474, November 19, 2012. Live and archived webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Appropriations Committee (SAC) will hold a hearing on FY 2014 budget for the Department of Justice (DOJ). The witnesses will be Eric Holder (Attorney General) and Michael Horowitz (DOJ Inspector General). Location: Room 192, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in John T. Minemyer v. R-ROC Reps Inc., App. Ct. No. 2012-1532, an appeal from the U.S. District Court (NDIll). Panel G. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in IA Labs CA, LLC v. Nintendo Co., Ltd., App. Ct. No. 2012-1644, an appeal from the U.S. District Court (DMd) in a patent infringement case. Panel G. Location: Courtroom 201, 717 Madison Place, NW.

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

MOVED TO JUNE 27. 10:30 AM. The Federal Communications Commission (FCC) will host an event titled "open meeting". Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

Rep. Cantor's schedule states that "no votes are expected" in the House.

8:30 AM. The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) is scheduled to release its May 2013 unemployment data.

12:00 NOON - 1:30 PM. The Internet Caucus will host a panel discussion titled "Faceoff: A Fact-Based Debate on U.S. Internet Policy and Access Networks". The speakers will be Bryan Tramont (Wilkinson Barker Knauer), Ev Ehrlich (ESC Company), Jeffrey Eisenach (Navigant Economics), Rob Frieden (Penn State University), and Ellen Goodman (Rutgers School of Law). Free. Open to the public. Some box lunches will be served. Respond to RSVP at netcaucus dot org. Location: Room SVC 203-02, Capitol Visitors Center.

12:00 NOON - 1:30 PM. There will be an event titled "Get It Online: Legal Implications of Social Media for Communication & Government Relations Executives". The speakers will include Jason Torchinsky (Holtzman Vogel Josefiak). Prices vary. See, notice and registration page. Location: National Press Club, 13th Floor, 529 14th St., NW.

11:59 PM. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding Japan's participation in the Trans Pacific Partnership (TPP) trade agreement negotiations. See, notice in the Federal Register, Vol. 78, No. 88, May 7, 2013, at Pages 26682-26684.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR 7924 [91 pages in PDF], titled "Reference Certificate Policy", released in April, 2013.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) [17 pages in PDF] regarding its e-rate tax and subsidy program for schools and libraries. The FCC released this PN on April 9, 2013. It is DA 13-592 in CC Docket No. 02-6 and GN Docket No. 09-51. See, notice in the Federal Register, Vol. 78, No. 78, April 23, 2013, at Pages 23877-23882.

Day one of a three day event hosted by the National Cable & Telecommunications Association (NCTA) titled "Cable Show". See, web site. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust will host a teleconferenced panel discussion titled "May In-House Counsel Antitrust Update". The speakers will be Anita Banicevic (Davies Ward), and Andrea Murino, Mark Rosman, Michael Rosenthal, and Daniel Wieck (all of Wilson, Sonsini). Free. No CLE credits. See, notice.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [47 pages in PDF] regarding implementation of the 2012 spectrum act's provisions regarding deployment of a nationwide public safety broadband network in the 700 MHz band under a nationwide license issued to the FirstNet. See, HR 3630 [LOC | WW], the "Middle Class Tax Relief and Job Creation Act of 2012", Public Law No. 112-96. The FCC adopted this item on March 7, 2013, and released the text on March 8. It is FCC 13-31 in PS Docket Nos. 12-94 and 06-229, and WT Docket No. 06-150. See, notice in the Federal Register, Vol. 78, No. 79, April 24, 2013, at Pages 24138-24147.

Day two of a three day event hosted by the National Cable & Telecommunications Association (NCTA) titled "Cable Show". See, web site. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

8:00 AM - 5:00 PM. Day one of a two day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT). See, notice in the Federal Register, Vol. 78, No. 98, May 21, 2013, at Pages 29704-29705. Location: NIST, Portrait Room, Administration Building, 100 Bureau Drive, Gaithersburg, MD.

8:00 AM - 5:00 PM. Day one of a two day meeting of the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) Nanoscale Science, Engineering, and Technology Subcommittee. See, notice in the Federal Register, Vol. 78, No. 79, April 24, 2013, at Page 24241. Location: USDA Conference and Training Center, Patriots Plaza III, 355 E St., SW.

8:00 AM - 5:00 PM. Day one of a two day event hosted by Georgetown University's (GU) Georgetown Center for Business and Public Policy (GCBPP) titled "Workshop on the Economics of Information Security". See, notice. Location: GU, Hariri Building, McDonough School of Business.

8:30 - 10:00 AM. The Microsoft and Georgetown University will host an event titled "Privacy in a Digital World". The speakers will be Julie Brill (FTC Commissioner), Marc Rotenberg (EPIC), and Jules Polenetsky (Future of Privacy Forum). See, notice. Location: Washington Post, 1150 15th St., NW.

8:30 AM - 5:30 PM. Day one of a two day meeting of the Department of the Interior's (DOI) National Geospatial Advisory Committee (NGAC). The agenda includes discussion of the Strategic Plan of the National Spatial Data Infrastructure (NSDI), which provides data for, among other things, Google Maps and Microsoft Bing maps. See, notice in the Federal Register, Vol. 78, No. 99, May 22, 2013, at Page 30328. Location: South Interior Building Auditorium, 1951 Constitution Ave., NW.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, Vol. 78, No. 102, May 28, 2013, Page 31884. Location: DOC, Room 3884, Hoover Building, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:00 AM - 2:30 PM. The Federalist Society will host an event titled "Executive Branch Review Conference". This event will include numerous panels, including ones "Is Government a Friend or Foe of Innovation", "Is the Administrative State on the Rise?", and "Regulation and the Rule of Law". Lunch will be served. Free. The price for CLE credits is $50. See, notice and registration page. Location: National Press Club, 529 14th St., NW.

RESCHEDULED FROM JUNE 4. 9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing on nominations, including that of Stuart Delery to be the Assistant Attorney General in charge of the Department of Justice's (DOJ) Civil Division. Delery has been acting AAG since February of 2012. The SJC will provide a live and archived webcast. See, notice. Location: Room 226, Dirksen Building.

12:15 PM. The New America Foundation (NAF) will host a discussion of the book [Amazon] titled "Present Shock: When Everything Happens Now". The speakers will be Douglas Rushkoff (author), Christine Rosen (NAF) and Marvin Ammori (NAF). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

1:00 - 5:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will hold another in its series of meetings regarding mobile application transparency. See, notice in the Federal Register, Vol. 78, No. 62, April 1, 2013, at Pages 19461-19462. Location: American Institute of Architects, 1735 New York Ave., NW.

1:00 PM. The US Telecom will host a webcast seminar to present a report titled "Independent Telco Benchmark Report". The speaker will be Tim Owens of Cronin Communications. The price for a copy of the report and access to this seminar is $395. See, notice.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to the April 18 petition for reconsideration of the FCC's Sixth Order on Reconsideration and Memorandum Opinion and Order regarding the Connect America Fund and high cost universal service subsidies. The FCC adopted that item on January 31, and released it on February 27. It is FCC 13-16 in WC Docket Nos. 10-90 and 05-337. See also, FCC Public Notice regarding deadlines.

Day three of a three day event hosted by the National Cable & Telecommunications Association (NCTA) titled "Cable Show". See, web site. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

8:00 AM - 1:00 PM. Day two of a two day meeting of the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) Nanoscale Science, Engineering, and Technology Subcommittee. See, notice in the Federal Register, Vol. 78, No. 79, April 24, 2013, at Page 24241. Location: USDA Conference and Training Center, Patriots Plaza III, 355 E St., SW.

8:00 AM - 5:00 PM. Day two of a two day event hosted by Georgetown University's (GU) Georgetown Center for Business and Public Policy (GCBPP) titled "Workshop on the Economics of Information Security". See, notice. Location: GU, Hariri Building, McDonough School of Business.

8:30 - 11:45 AM Day two of a two day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT). See, notice in the Federal Register, Vol. 78, No. 98, May 21, 2013, at Pages 29704-29705. Location: NIST, Portrait Room, Administration Building, 100 Bureau Drive, Gaithersburg, MD.

8:30 AM - 4:00 PM. Day two of a two day meeting of the Department of the Interior's (DOI) National Geospatial Advisory Committee (NGAC). The agenda includes discussion of the Strategic Plan of the National Spatial Data Infrastructure (NSDI), which provides data for, among other things, Google Maps and Microsoft Bing maps. See, notice in the Federal Register, Vol. 78, No. 99, May 22, 2013, at Page 30328. Location: South Interior Building Auditorium, 1951 Constitution Ave., NW.

12:15 - 1:45 PM. The DC Bar Association's Media Law Committee will host a closed brown bag lunch meeting to discuss media and communications law developments. Free. No CLE credits. Reporters are barred from covering this event. For more information, contact the DC Bar at 202-626-3463 or Kurt Wimmer (Covington & Burling) at kwimmer at cov dot com or Jim McLaughlin at mclaughlinj at washpost dot com. See, notice. Location: Washington Post, 1150 15th St., NW.

Deadline to submit to the Federal Communications Commission (FCC) objections to AT&T's April 17, 2013 application to discontinue certain domestic telecommunications services that utilize obsolete technologies. See, Public Notice [3 pages in PDF], DA 13-1083 in WC Docket No. 13-126.