2/25. The House passed a revised version of HR 1123 [LOC | WW], the "Unlocking Consumer Choice and Wireless Competition Act", by a vote of 295-114. See, Roll Call No. 64.

Summary of this Article.
  Introduction.
  Unlocking.
  Pending Bills.
  Summary of HR 1123.
  Floor Debate.
  Reaction.

Introduction. Republicans voted 200-20. Democrats voted 95-94. Those who voted against the bill included Rep. Jared Polis (D-CO), Rep. Anna Eshoo (D-CA), Rep. Zoe Lofgren (D-CA), and Rep. Doris Matsui (D-CA).

As revised, this bill would reinstate the Copyright Office's (CO) prior exemption for unlocking cell phones for personal use. However, the bill adds that nothing in the bill "shall be construed to permit the unlocking of wireless handsets or other wireless devices, for the purpose of bulk resale".

The House considered this bill under suspension of the rules, which meant that no amendments were in order, and that a two thirds majority was required for passage.

There are related bills pending in the Senate. However, the Senate has yet to pass this bill, or another bill.

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

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

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

The CO's fourth triennial rules contained exemptions related to unlocking. See, story titled "Copyright Office Releases 4th Triennial DMCA Exemptions" in TLJ Daily E-Mail Alert No. 2,115, July 30, 2010. The CO's fifth set of rules, now in effect, ended the exemption for unlocking phones at the end of January of 2013. See, story titled "Librarian of Congress Adopts 5th Triennial § 1201 Exemptions" in TLJ Daily E-Mail Alert No. 2,467, October 24, 2012. Hence, there is now no exemption.

Pending Bills. Members of Congress have been working for over a year to undo the CO's fifth round determination. However, there is much debate as to what should be the precise nature of any Congressional fix.

There are numerous approaches, such as reinstating the CO's fourth round exemption (which HR 1123 would do), amending the DMCA to create an exemption, and giving the Federal Communications Commission (FCC) rulemaking authority to direct unlocking. There is also the matter of what types of devices are covered. (The CO's fourth round exemption covered "wireless telephone handsets".) There is also the question of who can unlock devices. There is also the matter of the duration of any fix.

On March 13, 2013, Rep. Bob Goodlatte (R-VA), Chairman of the House Judiciary Committee (HJC), Rep. John Conyers (D-MI), the ranking Democrat on the HJC, and others, introduced HR 1123. As introduced, it would merely have reinstated the CO's fourth round exemption into the fifth round of triennial rules, and directed the CO to conduct a rulemaking proceeding to examine whether or not to also "include any other category of wireless devices in addition to wireless telephone handsets".

On May 8, 2013 Rep. Lofgren introduced HR 1892 [LOC | WW], the "Unlocking Technology Act of 2013", a bill that would broadly limit the reach of the anti-circumvention regime created by the DMCA. Rep. Polis and Rep. Eshoo are cosponsors. It was referred to the HJC. Neither the HJC nor the House have passed this bill.

HR 1892 would broadly amend the DMCA's anti-circumvention provisions in a manner that would impact not only cell phone unlocking, but also permit any circumvention "if the purpose of such circumvention is to engage in a use that is not an infringement of copyright". Related bills were introduced in prior Congresses, but were not passed by either body or by any committee. Representatives of copyright based industries argued that these limitations on the DMCA would render it ineffective.

On March 11, 2013 Sen. Patrick Leahy (D-VT) and others introduced S 517 [LOC | WW], the "Unlocking Consumer Choice and Wireless Competition Act", another bill to reinstate the cell phone unlocking exemption contained in the CO's 4th triennial rules. HR 1123 (as introduced) and S 517 (as introduced) are substantially identical. Neither the Senate Judiciary Committee (SJC) nor the Senate have passed S 517. See also, story titled " Sen. Leahy Introduces Bill to Reinstate Librarian of Congress's Cell Phone Unlocking Exemption" in TLJ Daily E-Mail Alert No. 2,533, March 11, 2013.

On March 5, 2013 Sen. Ron Wyden (D-OR) introduced S 467 [LOC | WW], the "Wireless Device Independence Act of 2013", a bill to amend the DMCA to create a permanent exemption to the ban on circumvention for consumers who unlock their wireless phones or other wireless devices. It was referred to the SJC. Neither the SJC nor the Senate have passed S 517. See also, story titled "Sen. Wyden Introduces Bill to Amend DMCA to Create an Exemption for Unlocking" in TLJ Daily E-Mail Alert No. 2,533, March 11, 2013

On March 6, 2013 Sen. Amy Klobuchar (D-MN), Sen. Mike Lee (R-UT) and Sen. Richard Blumenthal (D-CT) introduced S 481 [LOC | WW], the "Wireless Consumer Choice Act", a bill that would give the FCC regulatory authority with respect to unlocking of wireless devices. This bill would direct the FCC to write regulations directing wireless service providers to permit subscribers to unlock wireless devices. It would not affect the DMCA. No action has been taken on this bill. See also, story titled "Sen. Klobuchar Introduces Bill to Authorize FCC to Direct Wireless Device Unlocking" in TLJ Daily E-Mail Alert No. 2,533, March 11, 2013.

Summary of HR 1123. The expanded version of this bill passed by the House on February 25 would first restore the 4th triennial rules' unlocking exemption into the 5th triennial rules.

Second, it would direct the CO to conduct a rulemaking proceeding to examine whether or not to also "include any other category of wireless devices in addition to wireless telephone handsets".

Third, it would provide that any circumvention involving wireless telephone handsets permitted by the restored exemption, and any additional devices covered by the directed rulemaking, "may be initiated by the owner of any such handset or other device, by another person at the direction of the owner, or by a provider of a commercial mobile radio service or a commercial mobile data service at the direction of such owner or other person, solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network, when such connection is authorized by the operator of such network".

Fourth, it would provide that "Nothing in this subsection shall be construed to permit the unlocking of wireless handsets or other wireless devices, for the purpose of bulk resale, or to authorize the Librarian of Congress to authorize circumvention for such purpose under this Act, title 17, United States Code, or any other provision of law."

Floor Debate. Rep. Goodlatte (at right) stated that "Last winter, due to an expired exemption to existing law, consumers lost the legal right to unlock their cell phones so that they could use them on a different wireless carrier. Outraged consumers flooded Congress and the White House with complaints over this change in policy that resulted in reduced marketplace competition."

He said that this bill "reinstates the prior exemption to civil and criminal law for unlocking cell phones for personal use. It also creates an expedited process to determine whether this exemption should be extended to other wireless devices such as tablets."

He predicted that "When this legislation is enacted, consumers will be able to go to a kiosk in the mall, get help from a neighbor, or see a wireless carrier to help unlock their cell phone without any risk of legal penalties. This is not the case today, which is why this legislation is necessary."

He also explained its additional provisions. The HJC "has been aware of law enforcement concerns regarding the explosive growth in smartphone thefts. Efforts by criminals to undertake bulk unlocking and transfers of stolen phones are a growing concern in America. Smartphones seem to have become crime magnets in many cities across America."

"Because the policy issue has always focused on the ability of consumers to unlock their phones, the legislation is similarly focused on individual consumer unlocking without raising law enforcement concerns. Why would it make sense for Congress to enable criminal gangs to more easily make money off stolen phones instead of simply solving the main issue of consumers being able to unlock their own phones?"

He also said that "Some would like this legislation to go even further. However, I hope all can agree that this is a good start and a solid piece of legislation that will empower consumer choice."

Rep. Goodlatte also stated that this revised bill is a bipartisan and bicameral compromise that is supported by Sen. Patrick Leahy (D-VT), Sen. Charles Grassley (R-IA), and by the CTIA and Competitive Carriers Association (CCA).

Rep. Bobby Scott (D-NC) also spoke in favor of the bill. He said that "the inability to unlock cell phones means that the original wireless carrier has an unfair and unnecessary competitive advantage. In many instances, the sole purpose of locking a cell phone is to keep consumers bound to their existing networks. Consumers often buy a new cell phone as part of their initial purchase of service from a carrier's wireless network. Because the phone is locked into that carrier's network, at the end of the first term of service, the consumer is forced to stay with that provider, sometimes at a higher rate, or being stuck with a useless locked phone. Allowing a phone to be unlocked will allow a consumer to keep his phone and switch carriers to a more appropriate, affordable, or suitable plan and have that opportunity, without having to purchase a new phone."

Rep. Jason Chaffetz (R-UT) also spoke in support of the bill. He said that he stands with Rep. Polis and Rep. Lofgren in wanting to re-examine the DMCA, but he urged the House to take this opportunity to pass a short, sweet and simple bill that will allow consumers to unlock their phones.

Rep. Polis (at right) spoke for the opponents of the bill. He explained that the concern is the new language regarding "bulk unlocking". He said that "The new language specifically states that the bill does not apply to bulk unlocking. Now, that signals that Congress believes that it is illegal for companies, including many small businesses and start-ups, to unlock cell phones in bulk".

He continued that "this is an inappropriate use of copyright law to bar small businesses and large businesses from unlocking devices when it has nothing to do with making illegal copies of protected works, the purpose of copyright law. Again, if there is a criminal problem, we should address that within the realm of criminal law and enforcement, not within the realm of copyright."

Reaction. Sherwin Siy of the Public Knowledge (PK) stated in a release that "We're glad that the bill will allow Americans to unlock their phones. However, language recently added to the bill could be interpreted to make future unlocking efforts more difficult. We're disappointed that the House was unable to reach a compromise that would have prevented such barriers and still met the objectives of helping consumers."

The Electronic Frontier Foundation (EFF) also expressed opposition to the revised bill.

In contrast, Steven Berry, head of the Competitive Carriers Association (CCA), praised the bill as passed. He stated in a release that "Unlocking is not only beneficial for consumers, but it is also important for smaller and regional carriers who may not have access to the newest, most iconic devices. I am very pleased the House acted to reverse the Library of Congress’s unfortunate decision".

Matt Wood of the Free Press wrote in his prepared testimony for a SJC hearing on February 26, 2014 titled "An Examination of Competition in the Wireless Market" that "If wireless users could do more with devices they buy -- unlocking them, taking them to other carriers, using them easily on those networks, and protecting them against theft -- consumers would see their service choices increase and their out-of-pocket expenditures go down."

Wood also wrote that "in December 2013, FCC Chairman Wheeler obtained commitments from the five largest U.S. wireless carriers to more readily ``unlock´´ customers’ phones, at least after those customers had fulfilled any service contract or paid any early termination fee to the original carrier. The Chairman’s focus on unlocking was welcome, and clearly spurred by legislative efforts to address this problem undertaken by Senators Leahy, Klobuchar, Lee, Blumenthal, Franken, Grassley, and so many others. Yet the FCC's acceptance of voluntary commitments leaves the enforceability of such rights in question, and its focus on unlocking only after a customer has fulfilled her contract begs the question of the reason for permitting locking in the first place." (Footnote omitted.)

2/25. The House passed HR 1232 [LOC | WW], the "The Federal Information Technology Acquisition Reform Act", or "FITARA", by voice vote.

Rep. Darrell Issa (R-CA) and Rep. Gerald Connolly (D-VA) introduced this bill on March 18, 2013. Although, its contents have a longer history. The House Oversight and Government Reform Committee (HOGRC) approved this bill on March 20, 2013.

Rep. Issa (at right), who is Chairman of the HOGRC, stated in the House that "There are systematic problems in the way that we procure IT, including the nature of the history of individuals at all levels thinking they can buy something, and often they can, but too often our committee sees and reviews billion-dollar writeoffs of IT programs in which you cannot find out who was in charge, in which you cannot find out how they went on so long, and the hardest thing to find out is why they don't work at the end of $1 billion worth of ``in and out´´ of House production."

He added that "industry experts estimate that as much as 25 percent of the over $80 billion annual expenditure is mismanaged or is attributable to duplicative investments or simply doesn't come to be used."

The process in the House has been bipartisan. Hence, Rep. Issa stated that while "the American people can certainly see the launch of healthcare.gov as a poster child for not done on time ... this bill is not about one failure. It is about a governmentwide, longstanding failure that predates this administration."

Rep. Connolly, who is the ranking Democrat on the HOGRC's Subcommittee on Government Operations, stated in the House that "effective governance is inextricably linked with how well government leverages technology to serve its citizens. Yet our current Federal laws governing IT management and procurement are antiquated and out of step with technological change and growth and yield poor results. Far too often, cumbersome bureaucracy stifles innovation and prevents government from efficiently buying and deploying cutting-edge technology. Program failure and cost overruns plague the vast majority of major Federal IT investments.As the distinguished chairman indicated, if only the rollout of the health care Web site were a unique incident. Unfortunately, it actually characterizes most major Federal IT procurement rollouts.".

Rep. Issa summarized the contents of this long bill. He said that it would "create a clear line of responsibility, authority, and accountability over IT investment and management decisions by empowering agency CIOs; creating an operational framework to dramatically enhance the government's ability to procure commonly used IT faster, cheaper, and smarter; and strengthening the IT acquisition workforce". It also "accelerates and consolidates and optimizes the organization of government's proliferating data centers".

Rep. Elijah Cummings (D-MD), the ranking Democrat on the HOGRC, stated in the House that this bill would "enhance the authority of the Federal Chief Information Officers, require agencies to optimize the functioning of Federal data centers, eliminate duplicative IT acquisition practices, and strengthen the Federal IT acquisition workforce".

This Senate has not yet passed this bill. And. Rep. Cummings noted that "the administration has some concerns with this legislation".

Sen. Tom Udall (D-NM) introduced S 1843 [LOC | WW], the "Federal Information Technology Savings, Accountability, and Transparency Act of 2013", on December 17, 2013. Sen. Jerry Moran (R-KS) and Sen. Mike Johanns (R-NE) are cosponsors.

Also, on January 31, 2014 Rep. Anna Eshoo (D-CA) and Rep. Connolly released a discussion draft [10 pages in PDF] of a yet to be introduced bill titled "Reforming Federal Procurement of Information Technology Act", or "RFP-IT". It would create an Office of the United States Chief Technology Officer in the Executive Office of the President. See also, Rep. Eshoo's release.

Rep. Eshoo spoke in support of HR 1232. She said that federal government IT procurement "has been a black hole of taxpayer dollars long before the deeply flawed rollout of Healthcare.gov", and that HR 1232 "is a strong start", but "there’s more that can be done", including passing her bill.

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The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It will consider several bills, including HR 2804 [LOC | WW], the "Achieving Less Excess in Regulation and Requiring Transparency Act of 2014". This huge bill would make numerous changes to the Administrative Procedure Act (APA) -- to make agency rule making processes more transparent, to require agencies to explain the rationales for their rules, and to require agencies to assess and disclose costs and employment impacts of their rules. The bill is not directed at the Federal Communications Commission (FCC), but would impact all agencies that employ non-transparent or arbitrary processes. See, Rep. Cantor's calendar.

The Senate will meet at 9:30 AM.

9:00 - 10:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a debate titled "Resolved: the Federal Government Should Retain and Expand the Research and Experimentation Tax Credit". The speakers will be Steven Pearlstein (Washington Post), Robert Atkinson (ITIF), and Martin Sullivan (Tax Analysts). Free. Open to the public. See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

10:00 AM. The Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing titled "An Examination of Competition in the Wireless Market". The witnesses will be Eric Graham (Cellular South), Roslyn Layton (Aalborg University, Denmark), Randal Milch (Verizon Communications), Jonathan Spalter (Mobile Future), Thomas Sugrue (T-Mobile USA), and Matthew Wood (Free Press). Webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Supreme Court (SC) will hear oral argument in Octane Fitness v. Icon Health and Fitness, Sup. Ct. No. 12-1184, a case regarding recovery of attorneys fees in patent litigation under 35 U.S.C. § 285, which provides, in full, the "The court in exceptional cases may award reasonable attorney fees to the prevailing party." The question presented is "Does the Federal Circuit's promulgation of a rigid and exclusive two-part test for determining whether a case is ``exceptional´´ under 35 U.S.C. § 285 improperly appropriate a district court's discretionary authority to award attorney fees to prevailing accused infringers in contravention of statutory intent and this Court's precedent, thereby raising the standard for accused infringers (but not patentees) to recoup fees and encouraging patent plaintiffs to bring spurious patent cases to cause competitive harm or coerce unwarranted settlements from defendants?". See, petitioner's merits brief and respondent's merits brief. See also, October 24, 2012 opinion of the U.S. Court of Appeals (FedCir), App. Ct. No. 2011-1521 and 2011-1636. Location: SC, 1 First St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Homeland Security and Emergency Communications Committee will host an event at which David Redl, Majority Counsel for the House Commerce Committee, which address "Cyber Security". Free. Bring your own lunch. Closed to reporters. No CLE credits. Location: Venable, 575 7th St., NW.

1:30 - 2:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and webcast panel discussion titled "State AGs Target IP Piracy to Strengthen Fair Competition Among Manufacturers". The speakers will be Rob McKenna (Orrick), Robert Cooper (Tennessee Attorney General), Scott Pruitt (Attorney General of Oklahoma), Nicole Hale (Albright Stonebridge Group), and Travis LeBlanc. Free. No CLE credits. See, notice. Location: National Association of Manufacturers, 733 10th St., NW.

POSTPONED. 2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies will hold a hearing titled "Electromagnetic Pulse (EMP) Threat to Critical Infrastructure". See, notice. Location: Room 311, Cannon Building.

3:00 - 4:00 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Realizing the Promise of Telehealth". The speakers will be Rep. Bill Johnson (R-OH), Rep. Doris Matsui (D-CA), William Dube (ITIF), Daniel Castro (ITIF), Krista Drobac (DLA Piper), and Kofi Jones (America Well). See, notice. Location: Room 334, Cannon Building.

TIME CHANGE. 4:00 PM. 3:00 PM. The House Judiciary Committee (HJC) will hold a hearing on HR 2992 [LOC | WW], the "Business Activity Tax Simplification Act of 2013". The witnesses will be Pete Vegas (Sage V Foods), Tony Simmons (McIlhenny Company), Joseph Henchman (Tax Foundation), and David Quam (National Governors Association). See, notice. Location: Room 2141, Rayburn Building.

5:30 - 7:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and webcast event titled "The FCC's Acting General Counsel Discusses Competition Policy". The speakers will be Jonathan Sallet and David Turetsky. Prices vary. No CLE credits. Food and drink will be served from 5:00 PM. See, notice. Location: Jones Day, 51 Louisiana Ave., NW.

5:30 - 8:30 PM. The DC Bar Association will host an on site and teleconferenced event titled "Consumer Privacy, Data Security, and Cyber Liability". The speakers will be Christina Ayiotis, Jeff Chester (Center for Digital Democracy), Christopher Cwalina (Holland & Knight), David Husband (Electronic Privacy Information Center), and Tracy Rezvani (Rezvani Volin & Rotbert). The price to attend ranges from $5 to $20. No CLE credits. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. See, notice. Location: DC Bar Conference Center, 1101 K St., NW.

6:30 - 9:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee and the Women's Bar Association's (WBA) Communications Law Forum will host an event titled "Fourth Annual Mentoring Supper". Prices vary. No CLE credits. Location: Hogan Lovells, 555 13th 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 calendar.

10:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". HVC-304, Capitol Visitor Center.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. Webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing titled "Recycling Electronics: A Common Sense Solution for Enhancing Government Efficiency and Protecting Our Environment". The witnesses will be Walter Alcorn (Consumer Electronics Association), Kevin Kampschroer (General Services Administration), Thomas Day (U.S. Postal Service), Brenda Pulley (Keep America Beautiful), and Stephen Skurnac (Sims Recycling Solutions. See, notice. Location: Room 342, Dirksen Building.

RESCHEDULED FROM FEBRUARY 13. 10:00 AM - 12:00 NOON. The Senate Banking Committee (SBC) will hold a hearing on the Federal Reserve Board's (FRB) "Semiannual Monetary Policy Report to the Congress". The witness will be Janet Yellen (Chairman of the FRB). See, notice. Location: Room 538, Dirksen Building.

10:00 AM - 12:00 NOON. The New America Foundation (NAF) will host a panel discussion on the FCC's e-rate tax and subsidy programs. The speakers will include Kevin Carey (NAF), Reed Hundt, Richard Culatta (Department of Education), Susan Hildreth (Institute of Museum and Library Services), Melanie Huggins (Richland Library, South Carolina), Pam Moran (Albemarle County Public Schools, Virginia), Greta Byrum (NAF), and Sarah Morris (NAF). Webcast. See, notice. Location: NAF, suite 400, 1899 L St., NW.

12:00 NOON - 1:00 PM. The Heritage Foundation (HF) will host an discussion of the book titled "Game Plan: How to Protect Yourself from the Coming Cyber Economic Attack". The speakers will include Kevin Freeman, the author. Webcast. Free. Open to the public. Location: HF, 214 Massachusetts Ave., NE.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and webcast panel discussion titled "Vertical and Complementary Products Merger". The speakers will be Joanna Tsai (FTC), Joshua Wright (FTC Commissioner), Renata Hesse (DOJ Antitrust Division), Steve Salop (Georgetown University Law School), and David Wales (Jones Day). Prices vary. No CLE credits. See, notice. Location: Jones Day, 51 Louisiana Ave., NW.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will host an event titled "FCC's Rural Broadband Experiments and Expressions of Interest Due March 7, 2014". The speaker will be Alexander Minard (FCC's Wireline Competition Bureau's Telecommunications Access Policy Division). Bring your own lunch. The FCBA states that this is an FCBA event. Location: Bingham McCutchen, 11th floor, 2020 K St., NW.

1:00 - 5:00 PM. The Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics (RTCA) Special Committee 222, Inmarsat AMS(R)S, will meet. See, notice in the Federal Register, Vol. 79, No. 28, February 11, 2014, at Page 8235. Location: Double Tree Annapolis Hotel, 210 Holiday Court, Annapolis, MD.

2:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Local Broadcaster Mergers: Competition and Communications Policy Issues". The speakers will be Arthur Burke (Davis Polk & Wardwell), Franco Castelli (Wachtell Lipton), Ross Leiberman (American Cable Association), Jane Mago (National Association of Broadcasters), and Lauren Wilson (Free Press). Prices vary. No 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.

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

Supreme Court conference day. See, October Term 2013 calendar.

9:00 AM - 5:00 PM. The Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics (RTCA) Special Committee 228, Minimum Operational Performance Standards for Unmanned Aircraft Systems, will meet. See, notice in the Federal Register, Vol. 79, No. 28, February 11, 2014, at Page 8233. Location: RTCA, Suite 910, 1150 18th St., NW.

9:00 - 10:30 AM. The New America Foundation (NAF) will host a discussion of the book [Amazon] titled "It's Complicated: The Social Lives of Networked Teens". The speakers will include Dannah Boyd (the author), Amanda Lenhart (Pew Research Center, and Mary Madden (Pew). Webcast. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing and Trade will hold a hearing titled "The FTC at 100: Views from the Academic Experts". The witnesses will be __. See, notice. Location: Room 2123, Rayburn Building.

12:30 - 1:45 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Disgorgement as an Antitrust Remedy in State and Federal Enforcement Action". The speakers will be Dov Rothman (Analysis Group), John Asker (New York University), Geoffrey Oliver (Jones Day), and Eric Stock (NY Office of the Attorney General, Antitrust Bureau). Prices vary. No CLE credits. See, notice.

Deadline for the U.S. International Trade Commission's (USITC) to submit its report to the Office of the U.S. Trade Representative (OUSTR) titled "Trade Barriers That U.S. Small and Medium Sized Enterprises Perceive as Affecting Exports to the European Union". See, notice in the Federal Register, Vol. 78, No. 216, November 7, 2013, at Pages 66950-66951.

Extended deadline for the Office of the U.S. Trade Representative (OUSTR) to complete its Section 301 investigation of government of Ukraine regarding protection of intellectual property rights. See, notice in the Federal Register, Vol. 78, No. 231, December 2, 2013, at Page 72141.

The House will meet the week of March 3-7. See, 2014 House calendar.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Tellabs Operations v. Fujitsu, App. Ct. No. 13-1226. Panel A. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in X2Y Attenuators v. USITC, App. Ct. No. 13-1340, an appeal from a determination of the U.S. International Trade Commission (USITC) that Intel and Apple did not infringe X2Y's patents involving microprocessor technology. Panel A. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Vehicle IP v. AT&T Mobility, App. Ct. No. 13-1380. Panel A+. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Align Technology v. USITC, App. Ct. No. 13-1240. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Suffolk Technologies v. AOL, App. Ct. No. 13-1392. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in VirnetX v. Cisco Systems, App. Ct. No. 13-1489. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "LinkedIn for Lawyers". Prices vary. No CLE credits. See, notice.

9:00 - 10:30 AM. The American Bar Association's (ABA) Section of Antitrust Law will host a webcast panel discussion titled "Vertical Issues in High Tech Industry". The speakers will be Joanna Tsai (Economic Advisor to FTC Commissioner Joshua Wright), Elizabeth Wang (Charles River Associates), Yao Feng (Broad & Bright, Beijing), and Daniel Sokol (University of Florida). Prices vary. No CLE credits. See, notice.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Compression Technology v. EMC, App. Ct. No. 13-1513. Panel C. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Operating Systems Solutions v. Apple, App. Ct. No. 13-1487. Panel D. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in MadStad Engineering v. USPTO, App. Ct. No. 13-1511. This is an appeal from the U.S. District Court (MDFla) in a constitutional challenge to the first to file provision of the America Invents Act, D.C. No. 8:12-cv-01589. Panel D. Location: Courtroom 402, 717 Madison Place, NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "101 Cloud Computing: Legal Challenges and How to Address Them". The speakers will be Theresa Beaumont, David Bodenheimer (Crowell & Moring), Joe Pennell (Mayer Brown), Bennet Borden (Drinker Biddle & Reath). Prices vary. CLE credits. See, notice.

4:00 - 6:00 PM. The New America Foundation (NAF) will host a discussion of the book titled "Now I Know Who My Comrades Are: Voices from the Internet Underground". The speakers will be Emily Parker (the author) and Anne-Marie Slaughter (NAF). Webcast. See, notice. Location: NAF, suite 400, 1899 L St., NW.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Reauthorization of the Satellite Television Extension and Localism Act". The witnesses will be __. See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Buysafe v. Google, App. Ct. No. 13-1575. Panel H. Location: Courtroom 203, 717 Madison Place, NW.

2:00 - 4:00 PM. The National Science Foundation's (NSF) Networking and Information Technology Research and Development (NITRD) Program's Middleware and Grid Interagency Cooridination (MAGIC) Team meets the first Wednesday of each month. See, notice in the Federal Register, Vol. 78, No. 226, November 22, 2013, at Page 70076. Location: NSF, 4201 Wilson Boulevard, Arlington, VA.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding regulation of wireless tower siting. The FCC adopted and released this NPRM on September 26, 2013. This NPRM is FCC 13-122 in WT Docket Nos. 13-238 and 13-32, and WC Docket No. 11-59. See, notice in the Federal Register, Vol. 78, No. 234, December 5, 2013, at Pages 73144-73169.