FCC to Consider Open Internet NPRM |
4/23. The Federal Communications Commission (FCC) announced that "FCC Senior
Officials" will hold a teleconferenced "Background media briefing on draft Open
Internet NPRM" on Thursday, April 24, 2014 to discuss "draft proposed Open
Internet rules to protect and promote a free and open Internet".
The FCC further announced that the FCC will consider this Notice of Proposed
Rulemaking (NPRM) at its May 15 event titled "open meeting".
FCC Chairman Tom Wheeler wrote in a statement that "There are
reports that the FCC is gutting the Open Internet rule. They are flat out wrong.
Tomorrow we will circulate to the Commission a new Open Internet proposal that
will restore the concepts of net neutrality consistent with the court's ruling
in January. There is no 'turnaround in policy.' The same rules will apply to all
Internet content. As with the original Open Internet rules, and consistent with
the court's decision, behavior that harms consumers or competition will not be
permitted."
The FCC has not publicly released a draft of this NPRM. However, some news
reports have described its contents. See for example,
story by Edward Wyatt in the New York Times titled "In Policy Shift,
F.C.C. Will Allow a Web Fast Lane".
This article states that the NPRM will propose "rules that allow companies like
Disney, Google or Netflix to pay Internet service providers like Comcast and Verizon
for special, faster lanes to send video and other content to their customers".
The Public Knowledge's (PK) Michael
Weinberg stated in a
release that "The
FCC is inviting ISPs to pick winners and losers online. The very essence of a
``commercial reasonableness´´ standard is discrimination. And the core of net
neutrality is non discrimination. This is not net neutrality. This standard
allows ISPs to impose a new price of entry for innovation on the Internet. When
the Commission used a commercial reasonableness standard for wireless data
roaming, it explicitly found that it may be commercially reasonable for a
broadband ISP to charge an edge provider higher rates because its service is
competitively threatening."
The FCC adopted
Report and
Order (R&O) [194 pages in PDF] on December 21, 2010 that containd rules that regulate
the business practices of broadband internet access service (BIAS) providers. These rules
are also sometimes referred to as open internet rules or network neutrality rules. The
U.S. Court of Appeals (DCCir) issued its
opinion on January 14, 2014, in Verizon v. FCC, vacating that 2010 order.
And before that, on August 1, 2008 the FCC issued an
order
[67 pages in PDF] in an adjudicatory proceeding that asserted authority to regulate the
network management practices of BIAS providers. On April 6, 2010, the Court of Appeals
issued its opinion
[36 pages in PDF] in Comcast v. FCC, vacating that August 2008 order.
The PK's Weinberg added that "The DC Circuit Court opinion made it clear that
the only way to achieve net neutrality is to reclassify internet access as a
telecommunications service."
Sara Morris of the New America
Foundation (NAF) wrote in a release that "We are dismayed to hear reports
from multiple sources that the FCC is considering rules that would allow
Internet service providers to extract additional fees from content companies for
prioritized access to their subscribers. Not only is this simply another way for
ISPs to charge additional fees for a service that they are already getting paid
to deliver, it also allows those companies to take advantage of their positions
as gatekeepers to pick winners and losers online. The beauty of the Internet has
always been its ability to serve as an unrestricted platform for all speech,
giving users the ability to access the content that they choose without
ISP-selected ``fast lanes´´ and ``slow lanes.´´"
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FCC Adopts NPRM Regarding 3550-3650
MHz Band |
4/23. The Federal Communications Commission (FCC) adopted and released a
Further Notice of Proposed Rulemaking [90 pages in PDF] regarding wireless
broadband services in the 3550-3650 MHz band.
FCC Chairman Tom Wheeler wrote in his statement that "Not only are we proposing
to open up the 3.5 GHz band, but we are also enabling the powerful new concept of spectrum
sharing among multiple users on an hierarchical basis."
This FNPRM states that it proposes "rules for a
new Citizens Broadband Radio Service in the 3.5 GHz Band".
It states that "The 3.5 GHz Band could be an ``innovation band,´´ where we can
explore new methods of spectrum sharing and promote a diverse array of network technologies,
with a focus on relatively low-powered applications. If successful, the spectrum sharing
model proposed for this band could ultimately be expanded to other spectrum bands and
``transform the availability of a precious national resource -- spectrum -- from scarcity to
abundance.´´" (Quotations from the July 20,
2012 report of the President's Council of Advisors on Science
and Technology.)
FCC Commissioner Ajit Pai wrote that "federal incumbents aren't the most efficient
users. The 3.5 GHz band is a case in point -- relatively minor use of that band along the
nation’s coasts has left the majority of this spectrum under-utilized for decades. Now it’s
time to put it to work for consumers."
He asked rhetorically, "Can our proposals for the 3.5 GHz band be implemented
in the real world? Can consumer products be brought to market in a timely manner? We
must approach the 3.5 GHz band from a practical perspective, not merely a theoretical
one. When viewed through this lens, today's item is a mixed bag, and I therefore will be
voting to concur."
Pai explained that "The foremost problem involves exclusion zones." He also
questioned "the proposal to impose a hard, 30 MHz cap on the amount of priority access
spectrum that any one entity can hold".
FCC Commissioner Michael O'Reilly wrote in his statement that "the 3.5 GHz Band
will be one big experiment in terms of the proposed sharing design and licensing scheme.
We place a lot of trust that this novel effort will be successful. But, if it does not
meet expectations, we are not precluded from altering it in the future. Accordingly, I
will vote in favor today’s further notice ..."
O'Reilly added that "I worry that the proposed exclusion zones are too large to
attract adequate interest and investment in this band."
Google stated in a
release that it "welcomes the new FCC rules as a major step forward".
It stated that "The key idea is that modern database technologies will allow
commercial use of spectrum that historically has been dedicated to federal
purposes, when and where the government doesn’t have immediate need for it.
Additionally, this new model allows flexible commercial use of the spectrum,
where the database can mediate between protected operations like cellular LTE,
and unprotected operations (which could be WiFi-type devices), without the
government having to pick one or the other. The government will also benefit
from having commercial devices in their bands. Federal users will be able to buy
lower-cost and higher-performance equipment based on consumer smartphone
technologies."
Initial comments will be due within 40 days of publication of a notice in the
Federal Register (FR). Reply comments will be due within 60 days of such
publication. As of the April 24 issue of the FR, this notice had not yet been
published. This FNPRM is FCC 14-49 in GN Docket No. 12-354.
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More FCC News |
4/22. The Federal Communications Commission (FCC) adopted and released a
Report and Order [17 pages in PDF] that eliminates the effective competitive opportunities
(ECO) test that applies to international section 214 applications and cable landing license
applications filed by foreign carriers or their affiliates that have market power in
countries that are not members of the World Trade
Organization (WTO). This R&O adds that the FCC "will consider such applications
using a significantly less burdensome application filing and review procedure". This
R&O is FCC 14-48 in IB Docket No. 12-299.
4/22. The Federal Communications Commission (FCC) extended the deadlines to
submit comments in response to its
Further Notice of Proposed Rulemaking (NPRM) regarding whether to eliminate or modify
the network non-duplication and syndicated exclusivity rules. The FCC adopted
and released this FNPRM on March 31, 2014. It is FCC 14-29 in MB Docket No. 10-71. See,
notice
in the Federal Register, Vol. 79, No. 69, April 10, 2014, at Pages 19849-19860
setting the original deadlines of May 12 and June 9. See also, April 22
Public Notice (DA 14-525) extending deadlines to June 26 and July 24.
4/21. Netflix announced its opposition to the merger of Comcast and Time
Warner on April 21, 2014. The gist of Netflix's contention is that there is a
"lack of sufficient interconnectivity" by some broadband internet access service
(BIAS) providers, such as Comcast. See also, story titled "Netflix's Hastings Complains
About Lack of Interconnectivity" in
TLJ Daily E-Mail Alert No. 2,635, March 24, 2014. Comcast responded in a
release that "Netflix's opposition to our Time Warner Cable transaction
is based on inaccurate claims and arguments. There has been no company that has had a
stronger commitment to openness of the Internet than Comcast and we are the only ISP in
the country that is currently legally bound by the FCC’s vacated Net Neutrality
rules." Comcast added that "Internet interconnection has nothing to do with net
neutrality; it's all about Netflix wanting to unfairly shift its costs from its customers
to all Internet customers, regardless of whether they subscribe to Netflix or not."
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People and
Appointments |
4/23. Meredith Baker was named head of the CTIA
Wireless Association. She replaces Steve Largent. She was previously
SVP of Government Affairs for Comcast NBCU. Before that, she was a Federal Communications
Commission (FCC) Commissioner. And before that, she was acting head of the
National Telecommunications and Information
Administration (NTIA). See,
release.
4/22. Sen. Tom Carper (D-DE), the
Chairman of the Senate Homeland Security and
Governmental Affairs Committee, announced staff changes. Bill Ghent is
promoted to Chief of Staff; he was Legislative Director. Emily Spain is promoted
to Legislative Director, Ghent; she was Communications Director. See,
release.
4/10. The American Cable Association (ACA)
announced staff promotions. Ross Lieberman, who works in the ACA's Washington DC
office, will become SVP of Government Affairs. Robert Shema of the Pittsburgh office
will become EVP of Membership/Finance and Chief of Staff. Stacey Leech of the
Pittsburgh office will become Senior Director of Meetings and Industry Affairs. Matthew
Polka remains head of the ACA. See, ACA
release.
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Financial News |
4/23. Apple announced in a
release its "financial results for its fiscal 2014 second quarter ended March 29,
2014. The Company posted quarterly revenue of $45.6 billion and quarterly net profit of
$10.2 billion, or $11.62 per diluted share. These results compare to revenue of $43.6 billion
and net profit of $9.5 billion, or $10.09 per diluted share, in the year-ago quarter."
See also, Apple's April 23
SEC
Form 8-K.
4/23. Facebook issued a
release regarding its financial results for the first quarter of 2014. Revenue was
$2.502 Billion, up from $1.458 Billion in the first quarter of 2013. Facebook
also disclosed that "Revenue from advertising was $2.27 billion, an 82% increase
from the same quarter last year. Mobile advertising revenue represented
approximately 59% of advertising revenue for the first quarter of 2014, up from
approximately 30% of advertising revenue in the first quarter of 2013. Payments
and other fees revenue was $237 million for the first quarter of 2014." See also,
Facebook's April 23 SEC Form 8-K.
4/23. Netflix announced quarterly financial results. See, April 21
release and April 23 SEC Form 10-Q.
Google announced financial results on April 16. See,
release.
AT&T announced first quarter financial results on April 22. See,
release.
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More
News |
4/21. Microsoft announced in a
release
"a patent licensing agreement" with Motorola Solutions. Microsoft added that
"The license provides worldwide coverage under Microsoft's patent portfolio for
Motorola Solutions' devices running the Android platform and Chrome OS operating
system."
4/21. Nokia announced in an April 21
release that
"it expects the transaction whereby the company will sell substantially all of
its Devices & Services business to Microsoft to close on April 25, 2014. The
transaction is now subject only to certain customary closing conditions."
It announced in a April 9 release that the
PRC's MOFCOM approved the transaction. The U.S. Department of Justice (DOJ) and
the European Commission (EC) previously approved the transaction.
4/9. Hewlett Packard (HP) announced in a
release
"resolution" of the Department of Justice (DOJ) and Securities and Exchange
Commission (SEC) investigation of its potential violations of the Foreign
Corrupt Practices Act (FCPA). HP stated that it "will pay approximately $108
million to these two U.S. government agencies. HP also has agreed to undertake
certain compliance, reporting and cooperation obligations."
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About Tech Law
Journal |
Tech Law Journal publishes a free access web site and a subscription e-mail alert.
The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year for
a single recipient. There are discounts for subscribers with multiple recipients.
Free one month trial subscriptions are available. Also, free subscriptions are
available for federal elected officials, and employees of the Congress, courts, and
executive branch. The TLJ web site is free access. However, copies of the TLJ Daily
E-Mail Alert are not published in the web site until two months after writing.
For information about subscriptions, see
subscription information page.
Tech Law Journal now accepts credit card payments. See, TLJ
credit
card payments page.
TLJ is published by
David
Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
3034 Newark St. NW, Washington DC, 20008.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998-2014 David Carney. All rights reserved.
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In This
Issue |
This issue contains the following items:
• FCC to Consider Open Internet NPRM
• FCC Adopts NPRM Regarding 3550-3650 MHz Band
• More FCC News
• People and Appointments
• Financial News
• More News
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Washington Tech
Calendar
New items are highlighted in
red. |
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Wednesday, April 23 |
The House will not meet the week of April 21-25. It will next meet at
2:00 PM on Monday, April 28. See, 2014 House
calendar, and
SConRes 35.
The Senate will not meet the week of April 21-25. It will next meet at
2:00 PM on Monday, April 28. See,
SConRes 35.
8:30 AM - 2:00 PM. The U.S.
Chamber of Commerce's (USCC) Global Intellectual Property Center (GIPC) will host
an event titled "2nd Annual IP Champions Conference". The speakers will
include Rep. Doug Collins (R-GA), David Hirschmann
(head of the GIPC), Mark
Crowell (University of Virginia), Anastasia Danias (National Football League), Alun
Jones (United Nations Office of Drugs and Crime),
David Lowery
(University of Georgia), and Miriam Vogel (Department of Justice). Lev Kubiak (Director
of the DHS ICE Intellectual Property Rights Center) will participate on a panel titled
"recent successes in Information Protection theft enforcement". Location: USCC,
1615 H St., NW.
9:00 AM. Day one of a two day meeting of the Department of Commerce's
(DOC) Bureau of Industry and Security's (BIS)
Information Systems Technical Advisory Committee (ISTAC). The April 23 session
is open to the public. No webcast. See,
notice in
the Federal Register, Vol. 79, No. 66, April 7, 2014, at Pages 19051-19052. Location:
Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania
Avenues, NW.
10:30 AM. The Federal Communications Commission (FCC) will hold an
event titled "Open Meeting". The
agenda includes a huge universal service item and an NPRM regarding spectrum
sharing in the 3550-3650 MHz band. Webcast. See also,
notice in
the Federal Register, Vol. 79, No. 77, April 22, 2014, at Pages 22492-22493.
Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.
11:00 AM. The Federal
Election Commission (FEC) will meet to consider two advisory opinions regarding
application of the federal election campaign finance regulatory regime to Bitcoins.
See, Draft A and
Draft B. See also,
notice
in the Federal Register, Vol. 79, No. 76, April 21, 2014, Page 22132, and FEC's
meeting agenda. And
see, story titled "FEC to Consider Bitcoin Advisory Opinions" in TLJ Daily
E-Mail Alert No. 2,642, April 18, 2014. Location: FEC, 999 E St., NW.
1:45 - 3:45 PM. The Copyright
Office (CO) will host an event titled "Movies: A Global Passion". The
speakers will be Francis Gurry
(Director General of WIPO), Matthew Harrison (director),
Robert Newman (actor), and Mike Mashon (Library of Congress). Free. No webcast. See,
notice.
Location: Coolidge Auditorium, Library of Congress, Jefferson Building, 10 First
St., SE.
2:30 - 3:30 PM. The American Bar
Association's (ABA) Section of Antitrust Law will host
a teleconferenced panel discussion titled "Privacy Roundtable". The
topic will be recent California privacy legislation. The speakers
will be Aryeh Friedman (Dun & Bradstreet) and Joanne McNabb (California Office
of the Attorney General). Prices vary. No CLE credits. No reporters. See,
notice.
5:30 - 7:00 PM. The Institute for Policy
Innovation (IPI) will host a reception in advance of its April 24 event titled
"9th Annual World Intellectual Property Day Forum". The speaker will be
Francis Gurry, Director General of
the World Intellectual Property Organization (WIPO).
Free. Open to the public. See,
notice. Location: Room 121, Cannon Building.
Deadline to submit reply comments to the Federal Communications
Commission (FCC) in response to its
Further Notice of Proposed
Rulemaking (FNPRM) regarding extension of the freeze of jurisdictional separations
category relationships and cost allocation factors for three years, through June 30, 2017.
The FCC adopted this FNPRM on March 26, 2014, and released it on March 27. It is FCC 14-27
in CC Docket No. 80-286. See,
notice in
the Federal Register, Vol. 79, No. 63, April 2, 2014, at Pages 18498-18503.
Deadline to submit requests to make presentations at
President's Council
of Advisors on Science and Technology's (PCAST) April 30 public conference call
on the PCAST's big data and privacy report. See,
notice
in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21453-21454.
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Thursday, April 24 |
8:00 AM - 4:15 PM. Informatica Corporation will host an event titled
"2014 Informatica Government Summit". At 8:35 AM Mark Weatherford
(Chertoff Group) will give a speech titled "Competing Priorities? Cloud Computing,
Big Data, and Cyber Security. At 3:15 PM there will be a panel titled
"Government Panel Presentation: Data Management Best Practices". The speakers
will include Ann DiCamillo (DHS NPPD
Office of
Cybersecurity and Communications). See,
notice. Location:
Greater Washington Society of Association Executives Suite, Ronald Reagan Building, 1300
Pennsylvania Ave., NW.
8:15 AM - 1:00 PM. The Federal
Communications Bar Association (FCBA) and the
American Bankruptcy Institute (ABI) will host an event titled "FCC
Bankruptcy Mini Conference: The Intersection of the FCC and Bankruptcy Law".
The price to attend is $125. CLE credits. See,
notice.
(The ABI is holding its annual meeting on April 24-27.) Location: JW Marriot, 1331
Pennsylvania Ave., NW.
9:00 AM. Day two of a two day meeting of the Department of Commerce's
(DOC) Bureau of Industry and Security's (BIS)
Information Systems Technical Advisory Committee (ISTAC). The April 24 session
is closed the public, and its agenda is secret. No webcast. See,
notice in
the Federal Register, Vol. 79, No. 66, April 7, 2014, at Pages 19051-19052. Location:
Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania
Avenues, NW.
9:00 AM - 1:00 PM. The Institute for Policy
Innovation (IPI) will host an event titled "9th Annual World Intellectual
Property Day Forum". The speakers will include
Geoffrey Manne (International
Center for Law and Economics), Sandra Aistars (Copyright Alliance), Grant Aldonas
(Center for Strategic & International Studies), Joe Damond (Biotech Industry Organization),
Dana Colarulli (USPTO), and Stevan Mitchell (Globalview Strategies). Free. Open to the
public. Lunch wil be served. See,
notice. Location: Reserve Officers Association, One Constitution Ave., NE.
9:00 AM - 12:30 PM. The Brookings
Institution (BI) will host an event titled "How China's Youth are
Transforming Chinese Society: New Research Findings from the PRC". See,
notice. Location: BI, 1775 Massachusetts Ave., NW.
9:30 AM - 3:00 PM. The Department of Health and Human Services' (DHHS)
Office of the National Coordinator for Health
Information Technology's (ONC/HIT) HIT Standards Committee will meet. See,
notice in
the Federal Register, Vol. 78, No. 243, December 18, 2013, at Page 76627-76628.
2:00 - 3:30 PM. The Heritage
Foundation (HF) will host a panel discussion titled "Protecting American
Interests in the South China Sea". The speakers will be Ely Ratner (Center for
a New American Security), Steven Groves (HF), Dean Cheng (HF), Jonathan Odom (U.S. Navy),
and Walter Lohman (HF). Free. Open to the public. Webcast. See,
notice. Location:
HF, 214 Massachusetts Ave., NE.
6:00 - 8:00 PM. The Federal
Communications Bar Association's (FCBA) Young Lawyers Committee will host an event
titled "Happy Hour". For more information, contact Lindsey Tonsager at
ltonsager at cov dot com or Justin Faulb at jfaulb at nab dot org. Location: Co Co Sala,
929 F St., NW.
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Friday, April 25 |
Supreme Court conference day.
See, October Term 2013
calendar.
9:00 AM - 1:15 PM. The U.S.
China Economic Security and Review Commission (USCESRC) will hold a hearing. This
is one of a series of hearings to assist the USCESRC in preparing its 2014 report to
the Congress. This hearing is titled "U.S.-China Clean Energy Cooperation: Status,
Challenges, and Opportunities". See,
notice
in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21516-21517.
Location: Room 608, Dirksen Building.
9:00 AM - 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. 68, April 9, 2014, at Page 19706. Location: RTCA,
Suite 910, 1150 18th St., NW.
10:00 AM - 3:00 PM. The Department of
Health and Human Services (DHHS) will host an event titled "Meeting for
Software Developers on the Common Formats for Patient Safety Data Collection and Event
Reporting". See, original
notice in the
Federal Register (FR), Vol. 79, No. 15, January 23, 2014, at Pages 3815-3816, and update
notice in the
FR, Vol. 79, No. 67, April 8, 2014, at Pages 19335-19336. Location: Eisenberg Conference
Center, DHHS Agency for Healthcare Research and Quality, 540 Gaither Road,
Rockville, MD.
10:30 AM - 12:00 NOON. The Heritage
Foundation (HF) will host a panel discussion titled "U.S.-Japan
Cooperation in Southeast Asia". The speakers will be Shigeo Yamada (Embassy
of Japan), Satu Limaye (East-West Center in Washington), Yuki Tatsumi (Stimson Center),
and Walter Lohman (HF). Free. Open to the public. Webcast. See,
notice.
Location: HF, 214 Massachusetts Ave., NE.
12:00 NOON - 1:15 PM. The Internet Caucus will host a panel discussion
titled "Revising The Electronic Communications Privacy Act (ECPA): Should Congress
Require a Warrant?". The speakers will include
James Dempsey (
Privacy and Civil Liberties Oversight Board, and Center
for Democracy & Technology), Richard Downing (DOJ's
Computer Crime and Intellectual
Property Section), and Katie McAuliffe (Americans for Tax Reform). Box lunches will
be served. Location: Room 2226, Rayburn Building.
1:00 - 2:00 PM. The
National Telecommunications and Information Administration's (NTIA) First
Responder Network Authority Finance Committee will hold an event titled "Special
Meeting". The Committee will meet by teleconference. The call in number is
1-800-369-1868; the passcode is FirstNet. See,
notice in
the Federal Register, Vol. 79, No. 77, April 22, 2014, at Pages 22479-22480.
1:00 - 2:30 PM. The American
Bar Association's (ABA) Section of Intellectual Property Law will host a webcast
panel discussion titled "What's the Use? A Comparative View of Trademark Use
Requirements". The speakers will be Sharra Brockman, Matthew Hintz (Servilla
Whitney), Chrissie Scelsi (Scelsi Entertainment and New Media Law), David Postolski
(Day Pitney), and Krystle Brown (RKO Pictures). Prices vary. CLE credits. See,
notice.
Deadline to submit requests to speak at the
U.S. Patent and Trademark Office's (USPTO) May 9,
2014 hearing on its
memorandum titled "Guidance For Determining Subject Matter Eligibility of
Claims Reciting or Involving Laws of Nature, Natural Phenomena, and Natural Products
(Laws of Nature/Natural Products Guidance)'', released on March 4, 2014. See,
notice
in the Federal Register, Vol. 79, No. 74, April 17, 2014, at Pages 21736-21738. See
also, story titled "USPTO to Hold Hearing on Subject Matter Eligibility of Claims
Reciting Laws of Nature" in TLJ Daily E-Mail Alert No. 2,640, April 16, 2014.
Deadline to submit initial comments to the Federal
Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB) in response
to its Public Notice
(PN) regarding the FCC's attributable material relationship rule. This PN is DA
14-414 in GN Docket Nos. 12-268 and 13-185 and WT Docket No. 05-211. The FCC released it
on March 27, 2014. See also,
notice in
the Federal Register, Vol. 79, No. 71, April 14, 2014, at Pages 20854-20855.
Deadline to register to attend the Federal
Communications Bar Association's (FCBA) event titled "Annual Seminar"
at the Homestead Resort in Hot Springs, Virginia. See,
registration form and
agenda.
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Saturday, April 26 |
World Intellectual Property Day. See, World Intellectual Property
Organization's (WIPO) notice.
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Monday, April 28 |
The House will meet the week of April 28-May 2. The House will meet
at 2:00 PM. See, 2014 House
calendar, and
SConRes 35.
10:00 AM. The Supreme
Court will hear oral argument in Nautilus v. Biosig Instruments,
Sup. Ct.
No. 13-369, an appeal from the
U.S. Court of Appeals (FedCir) . The questions presented are "Does the Federal
Circuit's acceptance of ambiguous patent claims with multiple reasonable interpretations
-- so long as the ambiguity is not ``insoluble´´ by a court -- defeat the statutory
requirement of particular and distinct patent claiming?" and "Does the
presumption of validity dilute the requirement of particular and distinct patent
claiming?". See also, April 26, 2013,
opinion of the Court of Appeals. Location: 1 First St., NW.
12:15 - 1:30 PM. The Federal
Communications Bar Association's (FCBA) Intellectual Property Committee will host a
panel discussion titled "Patent Reform Legislation". The speakers may
include Alexandra Givens (Senior Counsel, Senate
Judiciary Committee), Russ Merbeth (General Counsel,
Intellectual Ventures), and
Ken
Salomon (Thompson Coburn). Free. Bring your own lunch. Location:
Wilkinson Barker Knauer, Suite 700, 2300 N
St., NW.
Deadline to submit comments to the General
Services Administration (GSA) regarding "how to implement" the
"recommendations" contained in the GSA and Department of Defense (DOD)
document titled "Final Report of the Joint Working Group on Improving
Cybersecurity and Resilience Through Acquisition". This document pertains to both
cyber security in products and services procured by the federal government, and leverage
of the federal government procurement process to regulate private sector cyber security
practices. See,
notice in the Federal Register, Vol. 79, No. 48, March 12, 2014, Page 14042.
Deadline to submit initial comments to the Federal
Communications Commission (FCC) in response to Part VI(A) of its
Further Notice of
Proposed Rulemaking (FNPRM) regarding closed captioning of video programming.
Part VI(A) pertains to "Responsibilities for Meeting the Closed Captioning
Obligations". The FCC adopted this FNPRM on February 20, 2014, and released it
on February 24, 2014. It is FCC 14-12 in CG Docket No. 05-231. See,
notice
in the Federal Register, Vol. 79, No. 59, March 27, 2014, at Pages 17093-17106.
Deadline to submit written comments in advance of the
President's Council
of Advisors on Science and Technology's (PCAST) April 30 public conference call
on the PCAST's big data and privacy report. Although, other written comments
will be accepted through April 30. See,
notice
in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21453-21454.
Deadline to submit initial comments to the Federal Communications
Commission (FCC) in response to its
Public Notice (PN)
that requests comments to refresh the record regarding the ability of non-English speakers
to access emergency information. This PN is DA 14-336 in EB Docket No. 04-296. The FCC
released it on March 11, 2014. See also,
notice
in the Federal Register, Vol. 79, No. 60, March 28, 2014, at Pages
17490-17493.
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Tuesday, April 29 |
10:00 AM. The Supreme
Court will hear oral argument in Riley v. California,
Sup. Ct.
No. 13-132, an appeal from the Court
of Appeal of California in a case involving whether or under what circumstances the
Fourth Amendment permits police officers to conduct a warrantless search of the digital
contents of an individual's cell phone seized from the person at the time of arrest. See
also, February 8, 2013,
opinion of the lower court. Location: 1 First St., NW.
11:00 AM. The Supreme
Court will hear oral argument in U.S. v. Wurie,
Sup. Ct.
No. 13-212, an appeal from the U.S. Court of
Appeals (1stCir) in a case involving whether the Fourth Amendment permits the police,
without obtaining a warrant, to review the call log of a cell phone found on a person who
has been lawfully arrested. See also, May 17, 2013,
opinion of the
Court of Appeals. Location: 1 First St., NW.
12:00 NOON - 1:30 PM. The Federal Communications Commission (FCC) will
host a panel discussion regarding "what it means to be a legal advisor at the
FCC". The speakers will be Daniel Alvarez and Renee Gregory (Legal
Advisors to Chairman Tom Wheeler),
Amy Bender (Commissioner
Michael O'Rielly), David Goldman
(Commissioner Jessica
Rosenworcel), and Louis Peraertz (Commissioner
Mignon Clyburn). Justin Faulb
(National Association of Broadcasters) will moderate.
For more information, contact Lindsey Tonsager at ltonsager at cov dot com or Justin
Faulb at jfaulb at nab dot org. Bring your own lunch. Free. The
FCBA states that this is an event of its Young Lawyers
Committee. Location: FCC, 7 South, 445 12th St., SW.
12:15 - 2:00 PM. The DC Bar
Association will host a panel discussion titled "Protection of Pre-1972 Sound
Recordings: The Sirius/XM Lawsuits and Other Issues". The speakers will be
Gary
Greenstein (WSGR), Kenneth
Kaufman (Manatt Phelps & Phillips),
John Simson (American
University), and Lita Rosario. Free. No CLE credits.
No webcast. Bring your own lunch. For more information, call 202-626-3463. The DC Bar
has a history of barring reporters from its events. See,
notice.
Location: SoundExchange, 10th floor, 733 10th St., NW.
1:00 - 5:00 PM. The Department of Commerce's (DOC)
National Telecommunications and Information
Administration (NTIA) will host one of its series of meetings regarding
privacy and facial recognition technology. See,
notice
in the Federal Register, Vol. 78, No. 235, December 6, 2013, at Pages 73502-73503.
Location: American Institute of Architects, 1735 New York Ave., NW.
5:30 - 7:00 PM. The Brookings
Institution (BI) will host a panel discussion titled "The Future of Longform
Publishing". The speakers will be Sarah Sampsel (Washington Post, Director of
Digital Strategy), Hannah Wallander (New York Times), John Dickerson (Slate), Chad
Millman (ESPN The Magazine), and David Nassar (BI). See,
notice.
Location: BI, 1775 Massachusetts Ave., NW.
6:30 PM. The National Press Club (NPC)
will host an event titled "Copyright and Social Media". The speaker
will be Mickey Osterreicher, General Counsel of the National
Press Photographers Association (NPPA). The NPC
notice states this: "How can photographers protect the millions of images
and recordings produced every day and posted on traditional websites and social media
such as Facebook, Twitter, YouTube and Instagram?" Free. Tickets required. No
webcast. Location: NPC, First Amendment Lounge, 13th Floor, 529 14th St., NW.
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Wednesday, April 30 |
8:45 AM - 12:15 PM. The New
America Foundation (NAF) will host an event titled "Hacking the University:
Will Tech Fix Higher Education?". Free. Open to the public. Webcast. See,
notice.
Location: NAF, Suite 400, 1899 L St., NW.
10:00 AM. The Senate Finance
Committee (SFC) will hold a hearing titled "President Obama's 2014 Trade
Policy Agenda". The witness will be
Michael Froman (U.S. Trade Representative). See,
notice. Location: Room 215, Dirksen Building.
10:00 AM. The Supreme Court
will hear oral argument in Limelight Networks v. Akamai Technologies,
Sup.
Ct. No. 12-786, an appeal from the U.S. Court
of Appeals (FedCir) in a case involving whether a defendant may be held liable for
inducing patent infringement under 35
U.S.C. § 271(b) even though no one has committed direct infringement under
35 U.S.C. § 271(a). See also, August 31, 2012
opinion of the Court of Appeals. Location: 1 First St., NW.
11:00 - 11:30 AM. The
President's Council
of Advisors on Science and Technology (PCAST) will hold a public conference call
to discuss the PCAST's big data and privacy report. See,
notice
in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21453-21454.
12:00 NOON - 1:30 PM. The American
Bar Association (ABA) will host a webcast panel discussion titled "Bitcoin
and other Virtual Currencies: Emerging Issues in Regulation and Enforcement".
The speakers will be Brian Klein (Baker Marquart), Deborah Peden (Pillsbury Winthrop),
Ronald Rowe (U.S. Secret Service), Luke Sully (PWC), and Nina Marino (Kaplan Marino).
Prices vary. CLE credits. See,
notice.
5:00 PM. Deadline to submit to the Department
of Transportation (DOT) applications for prizes in its program titled "DOT
Data Innovation Challenge". The DOT states that entries should be a
"web-based tool, data visualization, mobile app, or other innovative use of
technology to address systemic challenges by accessing publicly-available Federal and/or
local DOT datasets". See,
notice
in the Federal Register, Vol. 79, No. 46, March 10, 2014, at Pages 13370-13373.
6:30 - 7:30 PM. The New America
Foundation (NAF), Center for Media Justice (CMJ) and Consumers Union will host a
panel discussion titled "InSecurity: Race, Surveillance and Privacy in the
Digital Age". The speakers will be Seeta Peña Gangadharan (NAF), Chris Calabrese
(ACLU), Hamid Khan (Stop LAPD Spying), Grace Sheedy (United Food and Commercial Workers
International Union), and Malkia Cyril (CMJ). Free. Open to the public. Webcast. See,
notice. Location: NAF, Suite 400, 1899 L St., NW.
EXTENDED TO NOVEMBER 17. Extended deadline to submit
reply comments in response to Section IV.B of the Federal Communications Commission's (FCC)
Further
Notice of Proposed Rulemaking (FNPRM) regarding special access. Section IV.B
pertains to "Possible Changes to Pricing Flexibility Rules after Proposed One-Time,
Multi-Faceted Market Analysis". The FCC adopted this item on December 11, 2012, and
released it on December 18, 2012. It is FCC 12-153 in WC Docket No. 05-25 and RM-10593.
See, original
notice in the Federal Register (FR), Vol. 78, No. 8 January 11, 2013, at Pages
2600-2614, setting deadlines. See also, July 2013 Public Notice extending deadlines.
See, notice
in FR, Vol. 79, No. 52, March 18, 2014, at Pages 15092-15093, and March 5, 2014
Public Notice (DA 14-302), further extending deadlines.
Deadline to submit comments to the National
Institute of Standards and Technology's (NIST) Computer
Security Division (CSD) regarding its third draft of
SP
800-16 Rev. 1 [163 pages in PDF] titled "A Role-Based Model for Federal
Information Technology / Cyber Security Training".
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