9/6. The U.S. District Court (SDNY) issued its final judgment and permanent injunction [17 pages in PDF] in U.S. v. Apple, the e-books antitrust case.

On July 10, 2013, the District Court released its Opinion and Order [160 pages in PDF] at the conclusion of the bench trial, finding that Apple conspired to raise e-book prices in violation of Section 1 of the Sherman Act. However, that order did not address remedies. See, story titled "District Court Finds that Apple Conspired to Raise E-Book Prices" in TLJ Daily E-Mail Alert No. 2,583, July 10, 2013.

Prohibitions in the Final Judgment. The just released final judgment bars Apple from engaging in numerous activities related to conspiring to fix prices.

For example, it provides that "Apple shall not enforce any Retail Price MFN in any agreement with an E-book Publisher relating to the sale of E-books", and that "Apple shall not enter into any agreement with an E-book Publisher relating to the sale of E-books that contains a Retail Price MFN."

The July order found that Apple agreements with five e-book publishers -- Hachette, HarperCollins, and Simon & Schuster, Pearson/Penguin and Holtzbrinck/Macmillan -- included "a price parity provision, or Most-Favored-Nation clause (``MFN´´), which not only protected Apple by guaranteeing it could match the lowest retail price listed on any competitor’s e-bookstore, but also imposed a severe financial penalty upon the Publisher Defendants if they did not force Amazon and other retailers similarly to change their business models and cede control over e-book pricing to the Publishers."

The final judgment also provides that "Apple shall not enter into or maintain any agreement with a Publisher Defendant that restricts, limits, or impedes Apple's ability to set, alter, or reduce the Retail Price of any E-book or to offer price discounts or any other form of promotions to encourage consumers to purchase one or more E-books."

It also provides that "Apple shall not (1) retaliate against or punish, (2) threaten to retaliate against or punish, or (3) urge another Person to retaliate against or punish any E-book Publisher for refusing to enter into any agreement with Apple relating to the sale of E-books or for the terms on which the E-book Publisher sells E-books through any other E-book Retailer."

It also provides that "Apple shall not enter into or maintain any agreement with an E-book Publisher where such agreement likely will increase, fix, or set the price at which other E-book Retailers can acquire or sell E-books", and "Apple shall not enter into or maintain any agreement with any other E-book Retailer where such agreement likely will increase, fix, stabilize, or set the prices or establish other terms on which Apple or the other E-book Retailer sells E-books to consumers."

Other Mandates. The final  judgment requires Apple to modify its contracts with publishers to comply with these prohibitions.

It also provides that "Apple shall apply the same terms and conditions to the sale or distribution of an E-book App through Apple's App Store as Apple applies to all other apps sold or distributed through Apple's App Store."

"To ensure its compliance with this Final Judgment and the antitrust laws, Apple shall" distribute copies of this final judgment to directors and key employees, and provide training to key employees regarding this final judgment.

It also requires Apple to deliver to the government "communications ... containing allegations of Apple's noncompliance" with the final judgment.

The final judgment also provides that the Department of Justice's (DOJ) Antitrust Division shall, for the purpose of enforcing the final judgment, have access to Apple's records for both inspection and copying. It shall also have access to Apple personnel for interviews. It shall also have authority to submit written interrogatories, which Apple must answer. The DOJ shall not disclosure such information to the public, except in legal proceedings.

The final judgment also provides that the Court retains jurisdiction.

Compliance Monitor. The final judgment also provides for a court appointed "External Compliance Monitor", for "a period of two years", who "shall have the power and authority to review and evaluate Apple's existing internal antitrust compliance policies and procedures", and the above referenced training program.

The Monitor has authority to make recommendations to Apple, which if rejected by Apple, must be referred to the Court. The Monitor also has authority to report violations to the Court. The Monitor also has authority to hire staff.

William Baer (at right), Assistant Attorney General in charge of the DOJ's Antitrust Division, stated in a release that "We're pleased that the court has issued an order supporting the Department of Justice’s efforts to address Apple's illegal price fixing conduct. Consumers will continue to benefit from lower e-books prices as a result of the department's enforcement action to restore competition in this important industry. By appointing an external monitor to ensure future compliance with the antitrust laws, the court has helped protect consumers from further misconduct by Apple. The court's ruling reinforces the victory the department has won for consumers."

For more information on the original complaint, see TLJ stories titled "DOJ Sues Apple and Book Publishers Alleging E-Book Price Collusion", "Analysis of DOJ's Sherman Act Claim Against Apple and E-Book Publishers", and "Outside Reaction to DOJ E-Books Antitrust Action" in TLJ Daily E-Mail Alert No. 2,368, April 11, 2012.

The DOJ sued Apple and publishers. However, all of the publishers settled with the DOJ. Only Apple proceeded to trial. See, TLJ stories regarding settlements with the publisher defendants:

• "Update on DOJ v. Apple eBooks Case" in TLJ Daily E-Mail Alert No. 2,437, August 25, 2012, and "District Court Approves Settlement in Apple E-Books Case" in TLJ Daily E-Mail Alert No. 2,442, September 6, 2012.
• "DOJ Settles With Penquin in E-Books Antitrust Action" in TLJ Daily E-Mail Alert No. 2,494, December 19, 2012.
• "DOJ Publishes Second Tunney Act Notice in Apple E-Books Antitrust Case" in TLJ Daily E-Mail Alert No. 2,500, December 31, 2012.
• "Holtzbrinck/Macmillan Settles with DOJ in Apple E-Books Antitrust Action" in TLJ Daily E-Mail Alert No. 2,522, February 8, 2013.

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

See also, the DOJ's web page with hyperlinks to pleading and other documents in this action.

9/6. Yahoo released a document [PDF] that provides minimal information about "government data requests" during the time period of January 1, 2013 through June 30, 2013. Like Microsoft and Google, Yahoo attaches the ironic title of "Transparency Report" to this disclosure.

It states that for the U.S. Yahoo received 12,444 government data requests that cover 40,332 "government specified accounts". It provides no break down based on law enforcement and intelligence, by requesting agency, by type of surveillance, or by legal authority asserted.

This report states that Yahoo rejected 2% of the U.S. data requests. Yahoo's introduction to the document states that "We regularly push back against improper requests for user data, including fighting requests that are unclear, improper, overbroad or unlawful."

It adds that "we mounted a two-year legal challenge to the 2008 amendments to the Foreign Intelligence Surveillance Act, and recently won a motion requiring the U.S. Government to consider further declassifying court documents from that case."

The report also provides information for data requests from some other countries. For example, Yahoo received 839 requests from Hong Kong regarding 839 accounts, and that it rejected none of these requests. In contrast, Yahoo states that it rejected 41% of the 138 requests from government of Singapore, and 34% of the 704 requests from Australia.

8/30. Brad Smith, Microsoft's General Counsel, stated in a release that Microsoft and Google "stand together" on public disclosure of information regarding releasing aggregate data on government surveillance requests.

He wrote that both companies "remain concerned with the Government's continued unwillingness to permit us to publish sufficient data relating to Foreign Intelligence Surveillance Act (FISA) orders."

He continued that "Each of our companies filed suit in June to address this issue. We believe we have a clear right under the U.S. Constitution to share more information with the public. The purpose of our litigation is to uphold this right so that we can disclose additional data."

This proceeding is before the body titled "United States Foreign Intelligence Surveillance Court".

This is not a public proceeding. However, several groups filed on July 8, and publicly released, their amicus curiae brief in support of Microsoft and Google. The groups are the ACLU, Center for Democracy and Technology (CDT), Electronic Frontier Foundation (EFF), and Tech Freedom.

Smith also disclosed that "negotiations ended in failure".

Also, "With the failure of our recent negotiations, we will move forward with litigation in the hope that the courts will uphold our right to speak more freely. And with a growing discussion on Capitol Hill, we hope Congress will continue to press for the right of technology companies to disclose relevant information in an appropriate way."

"Now more than ever, there is a need for government to come clean with the American people and the international community", said Ed Black of the Computer and Communications Industry Association (CCIA) in a release. "The public deserves to know the scope of the surveillance that affects them daily. It is paid for with their tax dollars and has the potential to disrupt their lives. Companies also have a First Amendment right to discuss aggregate information about the surveillance their users are subject to, and a duty to protect their constitutional rights and those of their customers."

9/8. The English language version of Spiegel published a story titled "Privacy Scandal: NSA Can Spy on Smart Phone Data".

It states that the National Security Agency (NSA) "is capable of accessing user data from smart phones from all leading manufacturers. Top secret NSA documents that SPIEGEL has seen explicitly note that the NSA can tap into such information on Apple iPhones, BlackBerry devices and Google's Android mobile operating system".

It adds that "documents state that it is possible for the NSA to tap most sensitive data held on these smart phones, including contact lists, SMS traffic, notes and location information about where a user has been."

The story cites only "internal NSA documents". It does not reference Edward Snowden. It does not disclose its author.

9/4. The Federal Trade Commission (FTC) filed an administrative complaint [8 pages in PDF] against TRENDnet, Inc., a company that markets and sells video cameras designed to allow consumers to remotely monitor their homes via the internet, alleging violation of Section 5 of the FTC Act (15 U.S.C. § 45) for providing lax security which a hacker was able to exploit, and for making false or misleading representations to consumers about the security of its system.

The FTC simultaneously released an agreement [11 pages in PDF] that contains a proposed consent order. It bars TRENDnet from making false representations about the security of its system. It requires TRENDnet to maintain a "comprehensive security program", and to obtain assessments and reports from an independent third party professional. It also imposes record keeping and FTC inspection requirements. The order remains in effect for 20 years.

However, the order imposes no fine, and TRENDnet admits no wrongdoing.

The complaint alleges violation of both the deception and unfairness prongs of Section 5. It alleges deception in connection with TRENDnet's false representation to consumers that it takes reasonable steps to ensure that its IP cameras and mobile apps are a secure means to monitor private areas of a consumer's home or workplace, and other false representations.

The complaint alleges unfairness for failure "to provide reasonable security to prevent unauthorized access to the live feeds from its IP cameras".

The complaint states that TRENDnet "has subjected its users to a significant risk that their sensitive information, namely the live feeds from its IP cameras, will be subject to unauthorized access", and that hackers have in fact exploited the vulnerability of TRENDnet's system.

The complaint states that last year a "hacker visited respondent’s website and reviewed the software that respondent makes available for its cameras. The hacker was able to identify a web address that appeared to support the public sharing of users’ live feeds, for those users who had made their feeds public. Because of the flaw in respondent’s DVSA setting, however, the hacker could access all live feeds at this web address, without entering login credentials, even for users who had not made their feeds public". (DVSA is Direct Video Stream Authentication.)

See also, FTC release.

9/6. The Washington Post published a story titled "Google encrypts data amid backlash against NSA spying" by Craig Timberg.

9/4. The Federal Trade Commission (FTC) issued an advisory opinion [6 pages in PDF] to Ezra Levine (Morrison & Foerster), attorney for the Money Services Round Table (MSRT), stating the "FTC staff has no present intention of recommending law enforcement action" regarding the MSRT's proposal to develop a database for the collection and dissemination of information regarding terminated U.S. money transmitter agents. The MSRT is an information sharing and advocacy group for six U.S. non-bank money transmitters: Western Union, MoneyGram International, RIA, SIGUE, Integrated Payment Systems, and American Express.

9/4. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-101 Rev. 1 [85 pages in PDF] titled "Guidelines on Mobile Device Forensics". The deadline to submit comments is October 4, 2013.

9/4. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft NIST IR 7946 [41 pages in PDF] titled "CVSS Implementation Guidance". CVSS is Common Vulnerability Scoring System. The deadline to submit comments is October 4, 2013.

8/16. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-161 [285 pages in PDF] titled "Supply Chain Risk Management Practices for Federal Information Systems and Organizations". The deadline to submit comments is October 15, 2013.

The speakers scheduled from 10:00 to 11:00 AM are Scott Miller (CSIS), Bart Peterson (Eli Lilly), Monica Whaley (National Center for APEC), Kurt Campbell (Asia Group), Ernest Bower (CSIS).

At 11:00 AM there will be a panel titled "Security Issues in East Asia Summit". The speakers will be Vikram Singh (Defense Dept.), Michael Green (Georgetown Univ.), and Ernest Bower (CSIS).

The lunch speakers will be Scot Marciel (Principal Deputy Assistant Secretary for East Asian and Pacific Affairs) and Murray Hiebert (CSIS).

At 1:00 PM there will be a panel titled "Economic Issues in EAS/APEC". The speakers will be Shigehiro Tanaka (Ministry of Economy, Trade and Industry of Japan), Robert Wang (State Department), Arrow Augerot (Deputy Assistant USTR for APEC and Localization Barriers to Trade), Michael Kaplan (Treasury Department), and Matthew Goodman (CSIS).

At 2:15 PM there will be a panel titled "Business Perspectives on Asian Architecture". The speakers will be Ralph Carter (FedEx), Sarah Thorn (Wal-Mart), Pamela Passman (CREATe.org), and Scott Miller (CSIS).

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The House will return from its August recess. It will meet at 2:00 PM for legislative business. The House will consider two bills under suspension of the rules, HR 2052 [LOC | WW, the "Global Investment in American Jobs Act of 2013", and HR 2844 [LOC | WW], the "Federal Communications Commission Consolidation Reporting Act of 2013". Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule.

The Senate will return from its August recess. See, Senate calendar for the 113th Congress, 1st Session.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Verizon v. FCC, App. Ct. No. 11-1355, the challenge to the Federal Communications Commission's (FCC) December 2010 Report and Order (R&O) [194 pages in PDF] that adopted rules regulating broadband internet access service (BIAS) providers. The order is FCC 10-201 in GN Docket No. 09-191 and WC Docket No. 07-52. See, stories in TLJ Daily E-Mail Alert No. 2,186, December 22, 2010, and TLJ Daily E-Mail Alert No. 2,188, December 24, 2010. Verizon filed its brief on July 2, 2012. The FCC filed its brief [121 pages in PDF] on September 10, 2012. See, story titled "FCC Files Brief with DC Circuit in Challenge to BIAS Rules" in TLJ Daily E-Mail Alert No. 2,445, September 11, 2012. See also, FCC's surreply brief [15 pages in PDF] filed on January 15, 2013. Judges Rogers, Tatel, and Silberman will preside. This is the first item on the Court's agenda. Location: USCA Courtroom, 4th floor, Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 - 11:30 AM. The Brookings Institution (BI) will host a panel discussion titled "Cyber War Will Not Take Place, Or Will It?". The featured speaker will be Thomas Rid (Kings College London), author of the book [Amazon] titled "Cyber War Will Not Take Place". The other speakers will be Ian Wallace (BI), Jason Healey (Atlantic Council), and Peter Singer (BI). See, notice. Location: BI, 1775 Massachusetts Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Mondis Technology Ltd. v. Innolux Corporation, App. Ct. No. 13-1178. Panel C. Location: Courtroom 201, 717 Madison Place, NW.

10:30 AM. The Office of the U.S. Trade Representative (OUSTR) will hold a hearing in its Section 301 investigation of the intellectual property related actions of government of Ukraine. Section 301 is the statutory means by which the U.S. asserts its international trade rights, including its rights under World Trade Organization (WTO) agreements. In particular, under the "Special 301" provisions of the Trade Act of 1974, the OUSTR identifies trading partners that deny adequate and effective protection of intellectual property or deny fair and equitable market access to U.S. artists and industries that rely upon intellectual property protection. See, 19 U.S.C. § 2242. See, notice in the Federal Register, Vol. 78, No. 143, July 25, 2013, at Page 45011. Location: OUSTR, 1724 F St., NW.

12:00 NOON. The Tech Freedom (TF) will host a panel discussion titled "Recap Luncheon After Net Neutrality Appellate Arguments". The speakers will be Robert McDowell (Hudson Institute), Matt Brill (Latham & Watkins), Sherwin Siy (Public Knowledge), Markham Erickson (Steptoe & Johnson), Fred Campbell (Competitive Enterprise Institute), and Berin Szoka (TF). Free. Open to the public. See, registration page. Lunch will be served. Location: TF, 110 Maryland Ave., NE.

Deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) regarding its proposed changes to its Export Administration Regulations covering military electronics and other technologies. See, notice in the Federal Register, Vol. 78, No. 143, July 25, 2013.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House will consider numerous bills under suspension of the rules. See, Rep. Cantor's schedule.

8:30 AM - 6:00 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) Subcommittee on Nanoscale Science, Engineering, and Technology. See, notice in the Federal Register, Vol. 78, No. 146, July 30, 2013, at Pages 45992-45993. Location: Department of Agriculture Conference & Training Center, Patriots Plaza III, 355 E St., SW.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee (RPTAC) will hold a partially closed meeting. See, notice in the Federal Register, Vol. 78, No. 166, August 27, 2013, at Page 52904. Location: DOC, Room 3884, Hoover Building, 14th Street between Constitution and Pennsylvania Avenues, NW.

RESCHEDULED SEVERAL TIMES. 9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "Is Technology Responsible for American Job Loss?". The speakers will be Robert Atkinson (ITIF), Andrew McAfee (MIT business school), and Edward Luce (Financial Times). McAffee is a co-author of the book [Amazon Kindle edition] titled "Race Against The Machine: How the Digital Revolution is Accelerating Innovation, Driving Productivity, and Irreversibly Transforming Employment and the Economy". See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property, and the Internet will hold a hearing titled "Satellite Television Laws in Title 17". The witnesses will be James Campbell (CenturyLink), Stanton Dodge (DISH Network), Paul Donato (Nielsen Company), Robert Garrett (Major Baseball League), Earl MacKenzie (Shentel Cable, and American Cable Association), Gerard Waldron (Covington & Burling, and National Association of Broadcasters), and Preston Padden (Disney). Webcast. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Border and Maritime Security will hold a hearing titled "Fulfilling A Key 9/11 Commission Recommendation: Implementing Biometric Exit". See, notice. Location: Room 311, Cannon Building.

10:00 AM. The House Science Committee's (HSC) Subcommittee on Research and Technology
will hold a hearing tilted "Examining Federal Advanced Manufacturing Programs". The witnesses will be Alan Taub (University of Michigan), Thomas Baer (Stanford Photonics Research Center), and
Mark Muro (Brookings Institution). Webcast. See, notice. Location: Room 2318, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Vederi v. Google, App. Ct. No. 13-1057, an appeal from the U.S. District Court (CDCal) in a patent infringement case involving Google's Street View. Panel E. Location: Courtroom 201, 717 Madison Place, NW.

TIME CHANGE. 2:30 PM. 10:30 AM. The Senate Judiciary Committee's (SJC) Subcommittee on Bankruptcy and the Courts will hold a hearing on S 1385 [LOC | WW], the "Federal Judgeship Act of 2013". The bill would increase the number of judgeships on the U.S. Court of Appeals (9thCir) from 29 to 33. It would also increase the size of the 6th Circuit by one judge. It would not divide the 9th Circuit, or reduce the size of the DC Circuit. Webcast. See, notice. Location: Room 226, Dirksen Building.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "July-August In-House Counsel Antitrust Update". The speakers will be Lisa Fales, Bill Coston, Tom Gilbertsen, David Conway, and Paul Feinstein (all of the Washington DC office of Venable). Free. No CLE credits. See, notice.

2:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to initiate preparations for the International Telecommunication Union's (ITU) Plenipotentiary Conference 2014 (PP14). The agenda also includes an "update on the preparations for the World Telecommunication Development Conference (WTDC-2014) in light of the Regional Preparatory Meeting (RPM) for the Americas region; as well as the World Summit on the Information Society+10 high level event in conjunction with WTDC-2014". See, notice in the Federal Register, Vol. 78, No. 154, August 9, 2013, at Page 48765. Location: 1200 Wilson Boulevard, Arlington, 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.

8:30 AM - 3:00 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) Subcommittee on Nanoscale Science, Engineering, and Technology. See, notice in the Federal Register, Vol. 78, No. 146, July 30, 2013, at Pages 45992-45993. Location: Department of Agriculture Conference & Training Center, Patriots Plaza III, 355 E St., SW.

9:00 - 10:30 AM. The Information Technology & Innovation Foundation (ITIF) will host a panel discussion titled "Engineering 2.0: Rekindling American Ingenuity". The speakers will be Robert Atkinson (ITIF), Pramod Khargonekar (National Science Foundation), Sridhar Kota (University of Michigan), Helmuth Ludwig (Siemens Industrial), and Dan Mote (National Academy of Engineering). Free. Open to the public. See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on five pending judicial nominees: Robert Wilkins (to be a Judge of the U.S. Court of Appeals (DCCir)), James Donato (USDC/NDCal), Beth Freeman (USDC/NDCal), Timothy Brooks (USDC/WDArk), Pedro Hernandez (USDC/DPR). The SJC will provide a live and archived webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Apple v. Motorola, App. Ct. No. 12-1548. Panel G. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in CBT Flint Partners v. Cisco Ironport Systems, App. Ct. No. 13-1036, an appeal from the U.S. District Court (NDGa) in a patent infringement case. At issue is the award of discovery costs. See, Business Software Alliance's (BSA) amicus curiae brief. Panel H. Location: Courtroom 402, 717 Madison Place, NW.

10:30 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Financial Services and General Government will hold a hearing on the FY 2014 appropriation for the Federal Communications Commission (FCC). The witnesses will be Mignon Clyburn, Ajit Pai and Jessica Rosenworcel. See, notice. Location: Room 138, Dirksen Building.

2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology (SCT) will hold a hearing titled "Innovation Versus Regulation in the Video Marketplace". The witnesses will be __. See, notice. Location: Room 2123, Rayburn Building.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Infrastructure Protection and Security Technologies will hold a hearing titled "The Threat to Americans’ Personal Information: A Look into the Security and Reliability of the Health Exchange Data Hub". See, notice. Location: Room 311, Cannon Building.

6:00 - 9:15 PM. The DC Bar Association will host a program titled "How to Litigate a Patent Infringement Case 2013". The speaker will be Patrick Coyne (Finnegan Henderson). 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.

Deadline to submit to the Federal Communications Commission (FCC) oppositions to the petition for reconsideration [21 pages in PDF] filed by the American Association for Justice (an interest group that represents plaintiffs' trial lawyers) of the FCC's order [202 pages in PDF] regarding human exposure to radiofrequency electromagnetic fields. The FCC adopted this order on March 27, 2013, and released its on March 29. It is FCC 13-39 in ET Docket No. 03-137. See, FCC Public Notice, and notice in the Federal Register, Vol. 78, No. 166, August 27, 2013, at Page 52893.

? Deadline to submit to the Federal Communications Commission (FCC) initial statements supporting or opposing the Fiber to the Home Council Americas' (FTTHCA) July 23, 2013 petition for rulemaking [57 pages in PDF] regarding creating a new universal service subsidy program which it titles "Universal Service Gigabit Communities Race-to-the-Top Program". The FTTHCA wants subsidies to "support the deployment of ultra-high-speed networks with symmetrical gigabit services for community anchor institutions and their surrounding related neighborhoods in Tier II and Tier III markets". See, FCC's August 12, 2013 Public Notice, which sets no deadline. 47 CFR § 1.405(a) sets 30 days from Public Notice as the deadline for initial statements in support of or in opposition to a petition for rule making.

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

9:00 AM - 5:00 PM. The U.S.-China Economic and Security Review Commission will hold one in a series of meetings to review and edit its 2013 annual report to the Congress. Open to the public. See, notice in the Federal Register, Vol. 78, No. 151, August 6, 2013, at Pages 47829-47830. Location: Room 231, Hall of the States, 444 North Capitol St., NW.

9:00 AM. The President's Council of Advisors on Science and Technology (PCAST) will hold a partially closed meeting. The open portion of the meeting will be held from 9:00 AM to 12:00 NOON. See, notice in the Federal Register, Vol. 78, No. 160, August 19, 2013, at Page 50404. Location: National Academy of Sciences, Room 120, 2101 Constitution Ave., NW.

9:30 - 10:30 AM. The New America Foundation (NAF) will host a speech and panel discussion regarding the Federal Communications Commission's (FCC) Lifeline universal service tax and subsidy program. The event is titled "Communications Safety Net: How Lifeline Connects Families and Communities". Mignon Clyburn (FCC Chairman) will give a speech. The panel will be Chanelle Hardy (National Urban League), Catherine Sandoval (California Public Utilities Commission), Jessica Gonzalez (National Hispanic Media Coalition), Olivia Wein (National Consumer Law Center), and Gene Kimmelman (Global Partners). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of S 987 [LOC | WW], the "Free Flow of Information Act of 2013". Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in JuxtaComm-Texas Software v. Tibco Software, App. Ct. No. 13-1004. Panel I. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Richard Williamson, on behalf of and as Trustee for At Home Bondholders' Liquidating Trust v. Citrix Online, LLC, et al., App. Ct. No. 13-1130. Panel I. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM - 12:00 NOON. The Federal Communications Commission (FCC) will host a presentation by  Yevgen Borodin (Stony Brook University) titled "Improving Accessibility for the General Public". See, FCC notice. Location: FCC, Commission Meeting Room, 445 12th St.,  SW.

10:00 AM - 3:15 PM. The Center for Strategic and International Studies (SCIS) will host an event titled "Asian Architecture Conference", to address economic and security issues to be raised at the East Asia Summit (EAS) in Brunei Darussalam on October 9-10, and at the Asia-Pacific Economic Cooperation Summit in Bali, Indonesia on October 5-7. See, notice. Location: CSIS, 1800 K St.,  NW.

12:00 NOON. The Tech Freedom (TF) will host a panel discussion titled "What to Do about Data Security? A Discussion of the FTC's LabMD & Wyndham Cases". The speakers will be Mike Daugherty (LabMD) and __. Free. Open to the public. See, registration page. See also, story titled "FTC Administrative Complaint Asserts Authority to Regulate Data Security Practices" in TLJ Daily E-Mail Alert No. 2,595, September 4, 2013. Lunch will be served. Location: TF, 110 Maryland Ave., NE.

1:00 - 5:00 PM. The Federal Communications Commission's (FCC) Communications Security, Reliability, and Interoperability Council (CSRIC) will meet. See, August 15, 2013 Public Notice (DA 13-1762), and notice in the Federal Register, Vol. 78, No. 148, August 1, 2013, at Pages 46582-46583. Location: FCC, Commission Meeting Room, 445 12th St., SW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Trademark Fundamentals: Managing Your IP in a World of Social Media". The speakers will be Fawn Horvath (Macy's), John McKeown (Goldman Sloan Nash & Haber), Britt Anderson (K&L Gates), and Chrissie Scelsi (Scelsi Entertainment & New Media Law). Prices vary. CLE credits. See, notice.

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 file requests to appear at the U.S. International Trade Commission's (USITC) September 25, 2013 hearing titled "Digital Trade in the U.S. and Global Economies". See, USITC release, and notice in the Federal Register, Vol. 78, No. 162, August 21, 2013, at Pages 51744-51746. See also, story titled "USITC Releases First Report on Digital Trade" in TLJ Daily E-Mail Alert No. 2,589, August 26, 2013.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its August 29, 2013 Public Notice (DA 13-1846 in WC Docket No. 10-90) that requests comments regarding its Version 3.2 of the Connect America Fund Phase II Cost Model, and especially model costs for undersea cable connecting non-contiguous areas to the contiguous U.S.

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

9:00 AM - 5:00 PM. The U.S.-China Economic and Security Review Commission will hold one in a series of meetings to review and edit its 2013 annual report to the Congress. Open to the public. See, notice in the Federal Register, Vol. 78, No. 151, August 6, 2013, at Pages 47829-47830. Location: Room 231, Hall of the States, 444 North Capitol St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in Lighting Ballast Control v. Philips Electronics North America , App. Ct. No. 12-1014, an appeal from the U.S. District Court (NDTex) in a patent infringement case. At issue is claim construction, and the 1998 opinion of the Federal Circuit in Cybor v. FAS Technologies, 138 F.3d 1448. The Court's March 15, 2013 order granting en banc rehearing requests briefing on three questions: (1) should Cybor be overruled?, (2) "Should this court afford deference to any aspect of a district court’s claim construction?", and (3) "If so, which aspects should be afforded deference?". See also, amicus curiae brief of the AIPLA, amicus curiae brief of the IPO, amicus curiae brief of Microsoft, amicus curiae brief of the ABA, and amicus curiae brief of universities. Panel A. Location: Courtroom 201, 717 Madison Place, NW.

Target date for the Department of Health and Human Services' (DHHS) Substance Abuse and Mental Health Services Administration (SAMHSA) to announce the winners of its contest for the development of web applications, mobile apps, and other information technology based products that help prevent high risk drinking among college students. The awards are $60,000 for first place, $30,000 for second place, and $10,000 for third place. See, notice in the Federal Register, Vol. 78, No. 101, May 24, 2013, at Pages 31571-31572.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) regarding proposed revisions to the sample reseller certification language and accompanying sections of the FCC Form 499-A instructions. See, Public Notice, DA 13-1700 in WC Docket No. 06-122. See also, notice in the Federal Register, Vol. 78, No. 160, August 19, 2013, at Pages 50415-50416.

Deadline to submit to the Federal Communications Commission (FCC) reply comments to the May 16, 2013 Petition [14 pages in PDF] of the Coalition of E-Reader Manufacturers (Amazon, Kobo and Sony) for a waiver of the FCC's disability access rules for e-readers. See, August 1, 2013 Public Notice, DA 13-1686 in CG Docket No. 10-213.

Deadline to submit written statements to the Securities and Exchange Commission's (SEC) Advisory Committee on Small and Emerging Companies in advance of its September 17, 2013 meeting. See, notice.

Deadline to submit to the Copyright Office's (CO) Copyright Royalty Judges petitions to participate in, and pay the $150 filing fees for, the proceeding to determine the Phase II distribution of royalties deposited with the Register of Copyrights for the statutory license allowing distant retransmission of over the air television and radio broadcast signals by cable system operators. See, 17 U.S.C. § 111, and notice in the Federal Register, Vol. 78, No. 159, August 16, 2012, at Pages 50113-50114.

Deadline to submit to the Copyright Office's (CO) Copyright Royalty Judges petitions to participate in, and pay the $150 filing fees for, the proceeding to determine the Phase II distribution of royalties deposited by satellite carriers for a statutory license to retransmit over the air television broadcast stations. See, 17 U.S.C. § 119, and notice in the Federal Register, Vol. 78, No. 159, August 16, 2012, at Pages 50114-50115.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (FNPRM) [175 pages in PDF] regarding its e-rate tax and subsidy program for school and libraries. The FCC adopted and released this NPRM on July 19, 2013, and released it on July 23. It is FCC 13-100 in WC Docket No. 13-184. See, notice in the Federal Register, Vol. 78, No. 161, August 20, 2013, at Pages 51597-51644.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) [38 pages in PDF] regarding speech to speech relay service by persons with speech disabilities. This FNPRM is FCC 13-101 in CG Docket Nos. 08-15 and 03-123. The FCC adopted and released this FNPRM on July 19, 2013. See, Federal Register, Vol. 78, No. 158, August 15, 2013, at Pages 49717-49720.

Deadline to submit initial comments to the Federal Communications Commission (FCC) that refresh the FCC's record regarding property records for rate of return carriers. See, notice in the Federal Register, Vol. 78, No. 157, August 14, 2013, at Pages 49420-49422. See also, the FCC's order [127 pages in PDF] titled "Memorandum Opinion and Order and Report and Order and Further Notice of Proposed Rulemaking and Second Further Notice of Proposed Rulemaking", which is also known as the US Telecom Forbearance Long Order. The FCC adopted that order on May 10, 2013, and released it on May 17. It is FCC 13-69 in WC Docket No. 12-61, CC Docket Nos. 00-199 and 99-301, and numerous other dockets. And see, the FCC's July 23, 2013 Public Notice (DA 13-1617).