4/25. The House Ways and Means Committee (HWMC) is scheduled to mark up several bills on Tuesday, April 29, 2014, including HR 4438 [LOC | WW], the "American Research and Competitiveness Act of 2014".

Rep. Kevin Brady (R-TX) and others introduced this bill on April 9, 2014. It is one of many bills that would make permanent the tax credit, and revise it. See, story titled "R&D Tax Credit Bills Introduced" in TLJ Daily E-Mail Alert No. 2,521, February 7, 2013.

The credit was first enacted in 1981 as a temporary measure. Since then the Congress has repeatedly extended it for one or a few years. With so many extensions, some companies have come to expect the credit to be continued, and often plan accordingly, even when the credit is allowed to lapse. Extensions have always been retroactive, with the exception of one year 15 years ago.

At end of the 112th Congress, the Congress passed and President Obama signed, a huge bill, HR 8 [LOC | WW], the "American Taxpayer Relief Act of 2013". Section 301 of that bill modified and extended the R&D tax credit, which is codified at 26 U.S.C. § 41, but only through December 31, 2013. See, story titled "R&D Tax Credit Extended" in TLJ Daily E-Mail Alert No. 2,504, January 7, 2013. That is, the credit has once again expired.

HR 4438 would make it permanent, and make the extension retroactive. That is, this bill "shall apply to taxable years beginning after December 31, 2013."

The summary of this bill released by the Joint Economic Committee (JEC) on April 25 states that "The proposal makes permanent the alternative simplified method for calculating the research credit and increases the rate to 20 percent. That is, the research credit is equal to 20 percent of qualified research expenses that exceed 50 percent of the average qualified research expenses for the three preceding taxable years. The rate is reduced to 10 percent if a taxpayer has no qualified research expenses in any one of the three preceding taxable years. The proposal repeals the traditional 20-percent research credit calculation method."

This bill provides that the research tax credit shall be "the sum of (1) 20 percent of so much of the qualified research expenses for the taxable year as exceeds 50 percent of the average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined, (2) 20 percent of so much of the basic research payments for the taxable year as exceeds 50 percent of the average basic research payments for the 3 taxable years preceding the taxable year for which the credit is being determined, plus (3) 20 percent of the amounts paid or incurred by the taxpayer in carrying on any trade or business of the taxpayer during the taxable year (including as contributions) to an energy research consortium for energy research." (Parentheses in original.)

On April 14, the Information Technology and Innovation Foundation (ITIF) released a paper titled "Why the Tax Reform Act of 2014 Should Expand, Not Cut, the R&D Tax Credit".

It states that "Research and development is a key driver of U.S. productivity growth, innovation and global competitiveness. However, both economic theory and evidence show that relative to societally optimal rates companies underinvest in R&D, which is why since 1954 companies have been able to deduct R&D costs immediately rather than depreciating them, and why since 1981 companies have been able to take a tax credit for R&D expenditures. Since then, however, at least 26 other nations have put in place more generous R&D incentives." (Footnote omitted.)

This ITIF paper also faults another bill, the yet to be introduced "Tax Reform Act of 2014", because it would "disqualify R&D expenditures toward software development from the credit." See, discussion draft.

The ITIF argues that policymakers should care about where U.S. companies perform their R&D for three reasons. First, "because companies do not capture all the economic benefits from their R&D, they will underinvest in R&D relative to societally optimal levels."

Second, "because many other nations provide significantly more generous R&D tax incentives, firms in the United States will at the margin expand R&D faster overseas than in the United States. And that is exactly what we have seen with U.S. corporations expanding their R&D 2.7 times faster overseas than domestically over the last decade." (Footnote omitted.)

Third, "increased domestic R&D leads to significant economic benefits. A 1-percent increase in the stock of research boosts productivity by between 0.23 and 0.3 percent. This is why a cut in R&D tax incentives of approximately $20 billion a year would lead to slower growth in productivity of approximately 0.14 percent, which would reduce U.S. GDP growth by approximately $25 billion annually." (Footnotes omitted.)

The ITIF concludes that "for the U.S. economy to retain -- not continue to lose --its global competitive position, especially in technology-intensive industries, the R&D tax credit should be expanded, not reduced, and software should not be singled out for elimination."

The original cosponsors of the bill are Rep. John Larson (D-CT), Rep. Erik Paulsen (R-MN), Rep. Anna Eshoo (D-CA), Rep. Mike McCaul (R-TX), Rep. Doris Matsui (D-CA), Rep. Sam Johnson (R-TX), Rep. Richard Neal (D-MA), and Rep. Aaron Schock (R-IL).

4/25. Leslie Overton, Deputy Assistant Attorney General for Civil Enforcement in the Department of Justice's (DOJ) Antitrust Division, gave a speech in Chicago, Illinois titled "Non-reportable Transactions and Antitrust Enforcement".

The Hart Scott Rodino (HSR) Act requires reporting of certain transactions, based upon minimum thresholds. Section 7 of the Clayton Act, which is codified at 15 U.S.C. § 18, prohibits any mergers whose effect "may be substantially to lessen competition, or to tend to create a monopoly."

Bazaarvoice's acquisition of PowerReviews in July of 2012 was non-reportable under the HSR Act. But, both companies provided online product ratings and reviews (R&R) platforms. The DOJ filed a civil complaint [21 pages in PDF] in the U.S. District Court (NDCal) under Section 7 to undo the merger. See, story titled "DOJ Sues Bazaarvoice to Force Divestiture of Recently Acquired PowerReviews" in TLJ Daily E-Mail Alert No. 2,507, January 14, 2013.

The District Court issued an opinion [redacted, 114 pages in PDF] on January 8, 2014, ruling in favor of the government on the issue of liability. That case is D.C. No. 13-cv-00133, Judge William Orrick presiding.

The District Court wrote that R&R "is in the dynamic and fast-evolving eCommerce industry, but the consistent testimony of customers and other evidence establish that R&R is critical ... for companies selling product over the internet. It is a separate product market for antitrust purposes. The geographic market is the United States ..."

It continued that "The evidence that Bazaarvoice and PowerReviews expected the transaction to have anticompetitive effects is overwhelming. Bazaarvoice recognized PowerReviews as its only real commercial competitor, and vice versa."

It concluded that "it is probable that Bazaarvoice's acquisition of PowerReviews will have an anticompetitive effect over the next two years absent intervention by the Court."

Overton (at right) said that "Under Section 7, which was enacted decades before the HSR Act, the agencies can challenge transactions, before or after consummation, regardless of whether the transaction is subject to HSR notification."

"Potential harm to consumers can't be measured just in terms of the size of a transaction or the balance sheets of the merging parties." For example, she said that "A non-reportable merger might pose a significant risk of antitrust harm to consumers in local or regional markets", or "the practical impact of relatively small transactions can be magnified where the relevant product is a key input to, or used in the production of, a downstream product."

She warned that HSR non-reportables comprise "close to 20 percent of all the merger investigations opened by the Antitrust Division" and that more than one in four of these investigations results in a challenge. "Merging parties should assume that, even if no HSR filing is required, a deal that presents competitive concerns is unlikely to escape agency attention".

She continued that the District Court opinion in US v. Bizaarevoice "is the latest decision to confirm that standard Section 7 principles apply to consummated deals."

She also commented on the lack of post merger price rises or other anticompetitive effects. "Noting clear evidence that Bazaarvoice was aware of the division's scrutiny of the merger, Judge Orrick concluded that the evidence regarding post-acquisition pricing was reasonably viewed as manipulatable by Bazaarvoice, and therefore entitled to little weight."

But, she added, the presence of post merger anti-competitive effects is important, because this is not the product of manipulation. Hence, "the division gives substantial weight to evidence of observed post-merger price increases or other changes adverse to customers".

Also, "the division often places significant weight on the pre-merger business records of the merging parties as well as other industry participants".

"Company business records helped establish many of the key elements of the government's Section 7 case against Bazaarvoice. Emails, memos and presentations created by the company’s senior executives showed that prior to the transaction, Bazaarvoice viewed PowerReviews as the company’s only significant competitor. They also demonstrated that pre-merger competition between Bazaarvoice and PowerReviews had resulted in lower prices and increased innovation." (Footnote omitted.)

Finally, Overton discussed remedies in HSR non-reportable cases. "The Antitrust Division applies the same remedial principles to consummated merger transactions that we do in all Section 7 cases. We look to remedy an unlawful consummated deal in a fashion that restores competition and deprives the acquirer of unlawfully obtained market power. Our approach is highly matter-specific, based on careful application of legal and economic principles to the particular facts involved." (Footnote omitted.)

Section 7 provides in part that "No person engaged in commerce or in any activity affecting commerce shall acquire, directly or indirectly, the whole or any part of the stock or other share capital" or "acquire the whole or any part of the assets of another person engaged also in commerce or in any activity affecting commerce, where in any line of commerce or in any activity affecting commerce in any section of the country, the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly."

President Obama appointed Judge Orrick in June of 2012. See, story titled "Obama Nominates Two for USDC Northern District of California" in TLJ Daily E-Mail Alert No. 2,397, June 15, 2012. His nomination was particularly controversial for a District Court nominee. See, story "Divided Senate Judiciary Committee Approves Orrick for NDCal Judgeship" in TLJ Daily E-Mail Alert No. 2,530, March 5, 2013. The full Senate confirmed him on May 15, 2013 by a vote of 56-41. See, Roll Call No. 125 and "More Judicial Appointments" in TLJ Daily E-Mail Alert No. 2,562, May 15, 2013.

4/25. The International Competition Network (ICN) adopted, but did not release, recommended practices for antitrust regulators, at its meeting in Marrakesh, Morocco on April 23-25, 2014.

The Department of Justice's (DOJ) Antitrust Division issued a short news release, and the Federal Trade Commission (FTC) issued a substantially identical release, that offer brief descriptions of this conference. However, neither the ICN, DOJ, nor FTC released these recommendations.

These DOJ and FTC releases state that the ICN "adopted new recommended practices for predatory pricing analysis and competition assessment, and approved new work product on international merger enforcement cooperation, confidentiality protections during investigations, leniency policy and digital evidence gathering".

These releases also state that "An ongoing working group project on agency investigative process aims to identify investigative procedures that promote fair and informed enforcement actions".

Also, "The Advocacy Working Group presented a set of recommended practices on competition assessment, the exercise of evaluating the effects on competition of a proposed or existing law, regulation or policy."

A spokesman for the DOJ stated that the DOJ Office of Public Affairs has no ICN documents to release to TLJ. The FTC did not return a phone call from TLJ regarding this matter.

4/17. Mathias Dopfner (Ch/CEO of Axel Springer) wrote a letter to Eric Schmidt (ExecCh of Google) in which he criticized Google's "abuse of a market-dominating position" and its threats to individual privacy. The letter is long, frank, and open to the public.

Axel Springer is a German publishing company that owns, among other properties, Die Welt. Schmidt is Executive Chairman of Google and Chairman of the New America Foundation (NAF). See, Schmidt's Google bio and NAF bio.

Dopfner (at right) wrote that because Google is "super market-dominating" in online search, and it is abusing this position to favor its own content over that of its competitors, there is now a need for a "discussion in the interests of the long-term integrity of the digital economy’s ecosystem", to preserve economic and political competition.

He described Google's market position this way. Online businesses "are dependent on Google. At the moment Google has a 91.2 percent search-engine market share in Germany."

"Google is a prime example of a market-dominating company. With a seventy-percent global market share, Google defines the infrastructure on the Internet. The next largest search engine is Baidu in China with 16.4 per cent -- and that's because China is a dictatorship which prohibits free access to Google. Then there are search engines with market shares of up to 6 percent. These are pseudo-competitors. The market belongs to a single company." He wrote that "Google is not only market-dominating but super market-dominating."

"Today there is a global network monopoly. This is why it is of paramount importance that there be transparent and fair criteria for Google’s search results. However," Dopfner wrote, "these fair criteria are not in place. Google lists its own products, from e-commerce to pages from its own Google+ network, higher than those of its competitors, even if these are sometimes of less value for consumers and should not be displayed in accordance with the Google algorithm. It is not even clearly pointed out to the user that these search results are the result of self-advertising. Even when a Google service has fewer visitors than that of a competitor, it appears higher up the page until it eventually also receives more visitors. This is called the abuse of a market-dominating position."

European publishers and internet companies have complained to antitrust regulators at the European Commission (EC). Dopfner commented on this proceeding.

However, he did not comment on the parallel action at the U.S. Federal Trade Commission (FTC). See, story titled "FTC Concludes its Investigation of Google" in TLJ Daily E-Mail Alert No. 2,504, January 7, 2013.

The FTC concluded that "the evidence presented at this time does not support the allegation that Google's display of its own vertical content at or near the top of its search results page was a product design change undertaken without a legitimate business justification. Rather, we conclude that Google's display of its own content could plausibly be viewed as an improvement in the overall quality of Google’s search product. Similarly, we have not found sufficient evidence that Google manipulates its search algorithms to unfairly disadvantage vertical websites that compete with Google-owned vertical properties. Although at points in time various vertical websites have experienced demotions, we find that this was a consequence of algorithm changes that also could plausibly be viewed as an improvement in the overall quality of Google's search results."

Dopfner wrote that the EC's disposition of its case "has left anyone with any understanding of the issue speechless". See, EC February 5, 2014 release regarding its Google investigation.

He wrote that the EC "is seriously proposing that the infrastructure-dominating search engine Google be allowed to continue to discriminate against its competitors in the placement of search results critical to success. As ``compensation,´´ however, a new advertising window will be set up at the beginning of the search list, in which those companies who are discriminated against will be able to buy a place on the list. This is not a compromise. This is an officially EU-sanctioned introduction of the business model that in less honorable circles is referred to as protection money -- i.e. if you don't want me to kill you, you have to pay me."

Dopfner suggested the EC Competition Commission Joachim Almunia (at right) "ought to reflect once again on whether it is wise, as a kind of final official act, to create a situation that will go down in history as a nail in the coffin of the already sclerotic European Internet economy. But it would above all be a betrayal of the consumer, who will no longer be able to find what is most important and best for him but what is most profitable for Google".

Data and Privacy. Dopfner also addressed the impact of Google's operations on individual privacy.

"Ever since Snowden triggered the NSA affair, ever since the close relations between major American online companies and the American secret services became public, the social climate -- at least in Europe -- has fundamentally changed. People have become more sensitive about what happens to their user data. Nobody knows as much about its customers as Google. Even private or business emails are read by Gmail and, if necessary, can be evaluated."

"Google searches more than half a billion web addresses. Google knows more about every digitally active citizen than George Orwell dared to imagine in his wildest dreams in 1984." And, said Dopfner, statements by Eric Schmidt and Facebook's Mark Zuckerberg regarding data collection reflect "a state of mind and an image of humanity that is typically cultivated in totalitarian regimes -- not in liberal societies. Such a statement could also have come from the head of East Germany's Stasi or other secret police in service of a dictatorship."

He added that with Google's plan to develop driverless cars, "Google will then not only know where we drive our cars but how we are occupying ourselves when we are in the car. Forget Big Brother -- Google is better!"

He also said that Google is involved with "a number of planned enormous ships and floating working environments that can cruise and operate in the open ocean", which would fulfill "dreams of a place without data-protection laws and without democratic accountability".

He asked, "Does this mean that Google is planning to operate in a legal vacuum, without troublesome antitrust authorities and data protection? A kind of superstate that can navigate its floating kingdom undisturbed by any and all nation-states and their laws?"

And, "What will happen if Google continues to expand its absolutely dominant market power? Will there be even less competition? Will the European digital economy be thrown back even further compared to the few American super corporations? Will consumers become even more transparent, more heteronomous and further manipulated by third parties -- be it for economic or political interests? And what impact do these factors have on our society?

4/25. The House Homeland Security Committee (HHSC) is scheduled to mark up HR 3283 [LOC | WW], the "Integrated Public Alert and Warning System Modernization Act of 2013", on Wednesday, April 30, 2014. The HHSC's Subcommittee on Emergency Preparedness, Response, and Communications amended and approved HR 3283 on March 27. See, HHSC web page with hyperlinks to amendments approved at that mark up. The HHSC approved a similar bill in the 112th Congress. See, HR 3563 [LOC | WW]. The Subcommittee also amended and approved HR 4289 [LOC | WW], the "Department of Homeland Security Interoperable Communications Act" and HR 4263 [LOC | WW], the "Social Media Working Group Act of 2014". Those two bills are not on the full Committee mark up agenda for April 30.

4/23. The Federal Election Commission (FEC) held a meeting on April 23, 2014 at which it discussed, but held over until its next event titled "open meeting", two draft advisory opinions regarding application of the federal election campaign finance regulatory regime to Bitcoins. The FEC released one draft [23 pages in PDF], labeled Draft A of Advisory Opinion AO 2014-02, on April 16. The FEC released another draft [21 pages in PDF], labeled Draft B, late on April 17. See, story titled "FEC to Consider Bitcoin Advisory Opinions" in TLJ Daily E-Mail Alert No. 2,642, April 18, 2014. The FEC's next "open meeting" is scheduled for May 8, 2014.

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World Intellectual Property Day. See, World Intellectual Property Organization's (WIPO) notice.

The House will return from recess. It will meet at 2:00 PM for legislative business. It will consider several bills, including S 994 [LOC | WW], the "The Digital Accountability and Transparency Act", under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule.

The Senate will return from recess. It will meet at 2:00 PM. It may consider the nomination of Michelle Friedland to be a Judge of the U.S. Court of Appeals (9thCir). See, stories titled "Obama Nominates Pharmaceutical Attorney for 9th Circuit" in TLJ Daily E-Mail Alert No. 2,587, August 6, 2013, and "Court of Appeals Appointments" in TLJ Daily E-Mail Alert No. 2,643, April 21, 2014.

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.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It will consider several non-technology related items. See, Rep. Cantor's schedule.

10:00 AM. The House Financial Services Committee (HFSC) will hold a hearing titled "Oversight of the SEC's Agenda, Operations, and FY 2015 Budget Request". The witnesses will be __. See, notice. Location: Room 2128, Rayburn Building.

RESCHEDULED FROM APRIL 8. 10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a closed hearing titled "Cybersecurity". The witnesses will be Suzanne Spaulding, Phyllis Schneck, and Larry Zelvin (all of the DHS's National Protection and Programs Directorate). No webcast. See, notice. Location: Room H-405, Capitol Building.

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.

10:15 AM. The House Ways and Means Committee (HWMC) will meet to mark up numerous bills, including HR 4438 [LOC | WW], the "American Research and Competitiveness Act of 2014", a bill to revise and make permanent the research and development tax credit. See, notice. Location: Room 1100, Longworth Building.

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 PM. The House Judiciary Committee (HJC) will hold a hearing on HR 1129 [LOC | WW], the "Mobile Workforce State Income Tax Simplification Act of 2013". The witnesses will be Lori Brown (CACI International, on behalf of the American Payroll Association), Jeffrey Porter (American Institute of Certified Public Accountants), Maureen Riehl (Council on State Taxation), and Patrick Carter (Delaware Division of Revenue, on behalf of the Federation of Tax Administrators). Webcast. Location: Room 2141, Rayburn Building.

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.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters. See, notice. Location: Room SVC-217, Capital Visitor Center.

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.

6:30 - 9:30 PM. The Consumer Electronics Association (CEA) will host an event titled "Digital Patriots Dinner". See, notice. Location: National Building Museum.

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

8:45 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.

9:30 AM. The House Appropriations Committee (HAC) will meet to mark up the FY 2015 Commerce, Justice, and Science Appropriations Bill. See, notice. Location: Room H-140, Capitol Building.

9:30 AM. The House Homeland Security Committee (HHSC) will meet to mark up several bills, including HR 3283 [LOC | WW], the "Integrated Public Alert and Warning System Modernization Act of 2013". See, notice. Location: Room 311, Cannon Building.

10:00 AM. The House Foreign Affairs Committee (HFAC) will meet to mark up several bills, including HR __, the "United States International Communications Reform Act of 2014". See, notice. Location: Room 2172, Rayburn Building.

10:00 AM. The House Financial Services Committee's (HFSC) Subcommittee on Financial Institutions and Consumer Credit will hold a hearing titled "Examining How Technology Can Promote Consumer Financial Literacy". The witnesses will be __. See, notice. Location: Room 2128, Rayburn Building.

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.

6:00 - 8:00 PM. The Consumer Electronics Association (CEA) will host an event titled "CES on the Hill". Invitation only. See, notice. Location: Cafeteria, Room B-357, Rayburn Building.

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".

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

9:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". No webcast. See, notice. Location: Room HVC-304.

9:30 AM. The House Financial Services Committee's (HFSC) Subcommittee on Capital Markets and Government Sponsored Enterprises will hold a hearing titled "Legislative Proposals to Enhance Capital Formation for Small and Emerging Growth Companies, Part II". The witnesses will be __. See, notice. Location: Room 2128, Rayburn Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Health will hold a hearing titled "Telehealth to Digital Medicine: How 21st Century Technology Can Benefit Patients". Webcast. See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda once again includes consideration of S 1720 [LOC | WW], the "Patent Transparency and Improvements Act of 2013". See, stories titled "Patent Legislation Update" in TLJ Daily E-Mail Alert No. 2,637, April 7, 2014, and "Senate Judiciary Committee Members Still Working on Patent Bill" in TLJ Daily E-Mail Alert No. 2,641, April 17, 2014. The agenda also includes consideration of four District Court nominees: Carlos Mendoza (MDFl), Darren Gayles (SDFl), Paul Byron (MDFl), and Beth Bloom (SDFl). Webcast. See, notice. Location: Room 226, Dirksen Building.

12:00 NOON. The Cato Institute will host a panel discussion titled "Tumblr for Non-Profits: Finding and Engaging your Audience". The speakers will be Liba Rubenstein (Tumblr) and Kat Murti (Cato). Free. Open to the public. Webcast. See, notice. Location: Cato, 1000 Massachusetts Ave., NW.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a webcast panel discussion titled "Private Enforcement: Charting International Waters between the US and China". The speakers will be Heather Tewksbury (Wilmer Hale), William Isaacson (Boies Schiller & Flexner), and Daniel Mason (Zelle Hofmann). 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.

Effective date of the Copyright Office's (CO) changes to its fees schedule. See, CO notice.

Deadline to submit written comments to the National Foundation on Arts and the Humanities' (NFAH) Institute of Museum and Library Services (IMLS) in connection with its April 17 hearing titled "Libraries and Broadband: Urgency and Impact". The purpose of this hearing is "establishing a public record specifically focused on the need for and impact of high speed broadband connectivity in America's libraries". See, notice in the Federal Register, Vol. 79, No. 47, March 11, 2014, at Pages 13679-13680. See also, the FCC's 2013 NPRM and March 2014 Public Notice (PN) regarding expanding the FCC's e-rate tax and subsidy program.

Deadline to submit nominations to the Office of the U.S. Trade Representative (OUSTR) for membership on its Intergovernmental Policy Advisory Committee on Trade (IGPAC). See, notice in the Federal Register, Vol. 79, No. 62, April 1, 2014, at Pages 18382-18384.

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

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

10:00 - 11:30 PM. The Brookings Institution (BI) will host a panel discussion titled "The Evolution of Video Streaming and Digital Content Delivery". The speakers will be John Donovan (AT&T), Jeremy Legg (Turner Broadcasting System), Derek Aberle (Qualcomm), and Darrell West (BI). See, notice. Location: BI, 1775 Massachusetts Ave., NW.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a webcast panel discussion titled "Data Privacy Basics". The focus will be data privacy in the health care industry. The speakers will be Joshua James (Bryan Cave), Cora Tung Han (FTC's Division of Privacy and Identity Protection), and Adam Green (Davis Wright Tremaine). Prices vary. No CLE credits. See, notice.

Deadline to submit comments to the Securities and Exchange Commission (SEC) in connection with its March 26, 2014 event titled "Cybersecurity Roundtable". See, notice in the Federal Register, Vol. 79, No. 56, March 24, 2014, at Page 16071.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the complaint (request for consultations) submitted to the World Trade Organization (WTO) by the People's Republic of China (PRC) against the U.S. regarding U.S. antidumping measures against the PRC. See, notice in the Federal Register, Vol. 79, No. 67, April 8, 2014, at Pages 19409-19411.