4/29. The House Ways and Means Committee (HWMC) held a mark up session at which it amended and approved 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.

The vote was 22-12, with all of the Republicans who voted voting yes, and all but one of the Democrats who voted voting no. Rep. Earl Blumenauer (D-OR) was the only Democrat to vote yes. See, roll call.

Rep. Richard Neal (D-MA), who is a co-sponsor of the bill, did not vote. Rep. John Larson (D-CT) and Rep. Linda Sanchez (D-CA), who are also cosponsors, both voted no.

The HWMC approved an amendment in the nature of a substitute.

Rep. Dave Camp (R-MI), Chairman of the HWMC, stated in a release that "Short-term tax policy is bad for business and bad for economic growth and jobs. The United States is the only country in the world that allows such important pieces of its tax code to expire on a regular basis. Worse yet, this type of tax policy disadvantages U.S. companies, hurting their ability to remain globally competitive. By making these six bipartisan policies permanent, businesses small and large will have the ability to plan for the future, invest in the economy, hire new workers, and invent new technologies and products. We need to make the U.S. a more attractive place to invest and hire. These permanent polices are an important first step to achieve that goal and put us on a path towards comprehensive reform that lowers rates and makes the code simpler and fairer."

The House Rules Committee (HRC) is scheduled to meet at 5:00 PM on Tuesday, May 6 to adopt a rule for consideration by the full House. See, HRC notice. The full House is scheduled to consider the bill on Wednesday, Thursday, or Friday, May 7 through 9. See, Rep. Cantor's schedule.

See also, story titled "Ways and Means Committee to Mark Up Bill to Make R&D Tax Credit Permanent" in TLJ Daily E-Mail Alert No. 2,647, April 25, 2014.

4/17. The Government Accountability Office (GAO) released a report [25 pages in PDF] titled "Information Security: SEC Needs to Improve Controls over Financial Systems and Data".

The Securities and Exchange Commission (SEC) is involved in regulating the cyber security related practices of businesses. The SEC issued a guidance regarding the disclosure obligations of publicly traded companies related to cybersecurity risks and incidents in 2011. The SEC adopted identity theft red flag rules in April of 2013. SEC Chairman Mary Jo White asserted "formal jurisdiction over cybersecurity" in a March 26, 2014 speech. The SEC's Office of Compliance Inspections and Examinations (OCIE) announced a "Cybersecurity Initiative" on April 15, 2014. It stated in a notice that the SEC will examine "more than 50 registered broker-dealers and registered investment advisers, focusing on areas related to cybersecurity".

This GAO report calls into question the SEC's competence to regulate in this area.

This report states that the GAO found that the SEC "did not consistently protect its network boundary from possible intrusions; identify and authenticate users; authorize access to resources; ensure that sensitive data are encrypted; audit and monitor actions taken on the commission’s systems and network; and restrict physical access to sensitive asset".

As a result, the SEC "introduced vulnerability to unnecessary and potentially undetectable access at multiple points in the key financial system's network environment".

Also, the report found that the SEC "did not consistently implement strong password controls for identifying and authenticating users to certain servers, network devices, and databases in the key financial system’s environment". Nor did the SEC always "employ the principle of least privilege when authorizing access permissions to a key financial system. Specifically, it did not appropriately restrict access to security-related parameters and users’ rights and privileges for several network devices, databases, and servers supporting key financial applications".

Nor did the "configure settings of the logging and database servers supporting key financial applications to use encryption when transmitting data", or consistently configure " certain servers supporting a key financial system to maintain audit trails for all security-relevant events".

5/1. Campaign Legal Center (CLC) and the Sunlight Foundation (SF) announced that they filed eleven complaints with the Federal Communications Commission's (FCC) Enforcement Bureau (EB) against eleven TV broadcast stations licensed by the FCC "for letting political advertisers flout federal disclosure requirements". See, May 1, 2014 CLC release and similar May 1, 2014 SF release.

Introduction. A review of the relevant statute, implementing rules, and complaints reveals that the TV broadcasters targeted by these complaints are filing the required disclosure statements regarding political ads, the filings are mostly complete and appear to be made in good faith, and the alleged violations are mostly trivial.

The complaining groups are nitpicking. They seek to pressure the FCC to enlarge its mission as a federal election campaign regulator.

In addition to the underlying insignificance of the complaints, two other matters cloud these proceedings.

First, the underlying regulatory regime is fundamentally flawed, for several reasons. It flies in the face of the First Amendment rights of broadcasters. It imposes a substantial record keeping burden upon TV broadcasters, which is unreasonable in light of the fact that many of these broadcasters are small businesses with small budgets. It discriminates against TV broadcasters, because it does not also burden others who sell campaign and issue advertising, including radio, newspaper, magazine, cable and internet businesses. Finally, since it only affects TV broadcasters, it is ineffective.

Second, the FCC is a particularly inappropriate forum for adjudication of these complaints. The complaints allege a lack of transparency in federal election and issue campaigning. Yet, the Chairman of the FCC owes his position to having been a campaign fundraiser for President Obama in the 2008 and 2012 election cycles. He was a fundraising intermediary -- a bundler in campaign vernacular -- who has yet to disclose from whom he raised money. He is an exemplar of campaign intransparency. Of course, his actions were legal. Moreover, there are weighty reasons why anonymity and privacy ought to be protected under the First Amendment in campaign fundraising.

But, it would create an appearance of impropriety if an agency headed by a man who obtained office by secretly bundling hundreds of thousands of dollars in contributions from people associated with some of the largest companies regulated by that agency were to preside over the punishment of some of the smaller companies regulated by that agency for trivial violations of its flawed political transparency regime.

The National Association of Broadcasters' (NAB) Dennis Wharton stated in a release on May 1 that the "NAB takes seriously the political file rules, and will continue working with broadcasters to ensure compliance. We also intend to educate political advertising agencies to enlist support for more accurate information on the disclosure requirements for political ads. Our goal is 100 percent compliance with both the statutory requirements and the FCC rules."

Summary of the Complaints. The eleven complaints have many things in common. All were filed on the same day. All name the same complainants. All are signed by the same attorneys (Eric Null, Angela Campbell, and Andrew Schwartzman). All allege violation of the same statute and regulation. All allege violations by TV broadcasters. All pertain to 2014 Congressional elections (and most pertain to Senate races). All allege that the underlying ads are issue ads. All allege that the broadcaster failed to correctly name the issue.

Most of the ads underlying these complaints pertain to one or several issues that are not easily described, such as a candidate's position on insurance company coverage for pre-existing conditions under the Patient Protection and Affordable Care Act (PPAACA). But, most of the issues relate in some way to the merits of, tax consequences of, implementation of, or coverage under, that PPAACA, or "Obamacare".

It may be the case that some advertising employees of broadcasters have simply found it difficult to accurately and fairly attach a name to the issues, and have therefore listed the candidates instead, or simply left that item blank.

These complaints allege violation of 47 U.S.C. § 315 and 47 C.F.R. § 73.1212. The most relevant subsections are set out below.

Consider, for example, the complaint against WCNC-TV, which broadcasts in Charlotte, North Carolina.

The complaint does not allege that WCNC-TV is not filing disclosures. The complaint focuses on just one ad run by WCNC-TV. The complaint does not allege the failure to file for this ad. Rather, the complaint is based solely on the alleged failure to disclose a single item.

The statute requires that the broadcaster disclose "the name of the candidate to which the communication refers and the office to which the candidate is seeking election" or "the issue to which the communication refers". The ad at issue pertains to a particular election contest, and names one of the candidates. But, the complaint alleges, this is an issue ad, and therefore WCNC-TV had an obligation to name the issue. The ad is about one candidate's position on a health care issue. WCNC-TV's disclosure form states that this is an issue ad, but in the place for naming the issue, the person filling out the form listed the name of the candidate, rather than the name of the issue.

This error -- if it is an error -- is trivial. Moreover, this is the sole basis for complaining to the FCC about WCNC-TV.

In another complaint, against KMGH-TV in Denver, Colorado, the alleged violation again goes to only one ad. Again, the disclosure was made, and the complaint concedes that it is almost entirely in compliance. But, the complaint alleges failure to list the name of the issue. It also alleges failure to disclose the "board of directors or chief executive officers".

The disclosure form at issue lists the names of the candidates instead of the issue. The disclosure form lists the name and title of the treasurer, rather than a full list of directors. The complaint relies solely on two minor errors on a single ad disclosure by a broadcaster making a good faith effort at full compliance.

FCC Procedural History. On April 27, 2012 the FCC adopted a Second Report and Order [81 pages in PDF]. That order is FCC 12-44 in MM Docket Nos. 00-168 and 00-44. See especially, former Commissioner Robert McDowell's separate statement.

That order did not change the rules regarding what TV broadcasters must disclosure. Rather it mandated where that disclosure must be made -- into a public FCC online database. The FCC imposed the obligation first upon broadcasters affiliated with ABC, NBC, CBS, or Fox and located in one of the top 50 markets.

All other TV broadcasters must come into compliance by July 1, 2014. The FCC released a Public Notice (DA 14-464) on April 4, 2014 reminding broadcasters of their new record keeping burden.

For more on the positions of the CLC, SF, and other allied interest groups, see August 26, 2013 comment [31 pages in PDF] filed with the FCC by the CLC, SF, Free Press (FP), and others. See also, December 20, 2013 notice [13 pages in PDF] of ex parte communication filed with the FCC by the CLC, SF, FP and others.

The FCC receives comments, and issues orders, notices, and other items regarding this matter, in MM Docket Nos. 00-168 and 00-44.

47 U.S.C. § 315(e).

(e) Political record
  (1) In general
  A licensee shall maintain, and make available for public inspection, a complete record of a request to purchase broadcast time that—
    (A) is made by or on behalf of a legally qualified candidate for public office; or
    (B) communicates a message relating to any political matter of national importance, including—
      (i) a legally qualified candidate;
      (ii) any election to Federal office; or
      (iii) a national legislative issue of public importance.
  (2) Contents of record
  A record maintained under paragraph (1) shall contain information regarding—
    (A) whether the request to purchase broadcast time is accepted or rejected by the licensee;
    (B) the rate charged for the broadcast time;
    (C) the date and time on which the communication is aired;
    (D) the class of time that is purchased;
    (E) the name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable);
    (F) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and
    (G) in the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person.
  (3) Time to maintain file
  The information required under this subsection shall be placed in a political file as soon as possible and shall be retained by the licensee for a period of not less than 2 years.

47 C.F.R. § 73.1212(e).

(e) The announcement required by this section shall, in addition to stating the fact that the broadcast matter was sponsored, paid for or furnished, fully and fairly disclose the true identity of the person or persons, or corporation, committee, association or other unincorporated group, or other entity by whom or on whose behalf such payment is made or promised, or from whom or on whose behalf such services or other valuable consideration is received, or by whom the material or services referred to in paragraph (d) of this section are furnished. Where an agent or other person or entity contracts or otherwise makes arrangements with a station on behalf of another, and such fact is known or by the exercise of reasonable diligence, as specified in paragraph (b) of this section, could be known to the station, the announcement shall disclose the identity of the person or persons or entity on whose behalf such agent is acting instead of the name of such agent. Where the material broadcast is political matter or matter involving the discussion of a controversial issue of public importance and a corporation, committee, association or other unincorporated group, or other entity is paying for or furnishing the broadcast matter, the station shall, in addition to making the announcement required by this section, require that a list of the chief executive officers or members of the executive committee or of the board of directors of the corporation, committee, association or other unincorporated group, or other entity shall be made available for public inspection at the location specified under § 73.3526. If the broadcast is originated by a network, the list may, instead, be retained at the headquarters office of the network or at the location where the originating station maintains its public inspection file under § 73.3526. Such lists shall be kept and made available for a period of two years.

5/2. Mythili Raman (at right) joined the law firm of Covington & Burling. She was previously acting Assistant Attorney General (AAG) in charge of the Department of Justice's (DOJ) Criminal Division (CD).

Raman's work at the DOJ included lobbying the Federal Communications Commission (FCC) regarding the DOJ's and FBI's interests in communications intercept capabilities. See, for example, letter of December 9, 2008.

She gave a speech on January 28, 2014 regarding the DOJ's CD's Computer Crimes and Intellectual Property Section (CCIPS), the prosecution of cyber crimes, and 18 U.S.C. § 1030.

The acting CD AAG is now David O'Neal, a former Wilmer Hale attorney. Leslie Caldwell is President Obama's nominee to be the next CD AAG. She works in the New York City office of the law firm of Morgan Lewis & Bockius.

Raman has joined AG Eric Holder's law firm. Her predecessor, Lanny Breuer, also left the DOJ for Covington.

It would reduce the appearance that there is a revolving door, and a symbiotic relationship, between those who investigate and regulate large businesses, and those who represent large businesses, for seven figure incomes, if a few of the senior officials leaving the DOJ would instead become judges, professors, authors, or public interest advocates.

5/2. The Securities and Exchange Commission (SEC) announced in a release that Craig Lewis, Chief Economist and Director of the Division of Economic and Risk Analysis, will leave the SEC and return to Vanderbilt University school of management.

5/1. President Obama announced his intent to nominate Mark Lippert to be Ambassador to Korea. See, White House news office release.

4/30. The Government Accountability Office (GAO) released a report [50 pages in PDF] titled "Advanced Imaging Technology: TSA Needs Additional Information before Procuring Next-Generation Systems". Advanced Imaging Technology, or AIR, is the Transportation Security Administration's (TSA) term for full body scanners.

4/28. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its SP 800-52 Rev. 1 [67 pages in PDF] titled "Guidelines for the Selection, Configuration, and Use of Transport Layer Security (TLS) Implementations". This updates previous versions of this Special Publication (SP), which was first released in 2005. This SP states that TLS "provides mechanisms to protect sensitive data during electronic dissemination across the Internet. This Special Publication provides guidance to the selection and configuration of TLS protocol implementations while making effective use of Federal Information Processing Stand ards (FIPS) and NIST-recommended cryptographic algorithms, and requires that TLS 1.1 configured with FIPS-based cipher suites as the minimum appropriate secure transport protocol and recommends that agencies develop migration plans to TLS 1.2 by January 1, 2015. This Special Publication also identifies TLS extensions for which mandatory support must be provided and other recommended extensions." See also, NIST release.

4/23. The Government Accountability Office (GAO) released a report [45 pages in PDF] titled "Telecommunications: Projects and Policies Related to Deploying Broadband in Unserved and Underserved Areas".

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Notices & Disclaimers
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The House will not meet. See, Rep. Cantor's schedule.

The Senate will meet at 2:00 PM.

9:00 AM - 5:00 PM. The Copyright Office (CO) will hold a hearing to assist it in preparing a study of U.S. law recognizing and protecting "making available" and "communication to the public" rights for copyright holders. See, notice in the Federal Register, Vol. 79, No. 37, February 25, 2014, at Pages 10571-10573. The deadline to submit comments in advance of this hearing is April 4, 2014.

9:00 - 10:30 AM. The Technology Policy Institute (TPI) will host a panel discussion titled "Internet Economics in a Changing Video and Data Environment". The speakers will include Stanley Besen (Charles River Associates), Joseph Cavender (Level 3 Communications), David Clark (MIT's Communications Futures Program), Bob Crandall (TPI and Brookings Institution), and Scott Wallsten (TPI). Breakfast will be served from 8:30 AM. Free. Open to the public. See, notice. Location: City Club, 555 13th St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in H-W Technology v. Overstock.com, App. Ct. No. 14-1054. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in CEATS v. Continental Airlines, App. Ct. No. 13-1529. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

1:00 - 5:00 PM. The Internet Caucus will host an event titled "State of the Net Wireless". See, notice. Location: Newseum, 555 Pennsylvania Ave. NW.

2:00 - 3:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and teleconferenced panel discussion titled "Recent Antitrust Developments: March and April 2014". The focus will be developments in the health care and pharmaceuticals markets. The speakers will be Kellie Kemp (WSGR) and Megan Browdie, Jacqueline Grise, Tanisha James, and Howard Morse (all of Cooley). Prices vary. No CLE credits. See, notice. Location: Cooley, Suite 700, 1299 Pennsylvania Ave., NW.

2:00 - 3:30 PM. The Brookings Institution (BI) will host an event at which Michael Green (CSIS), James Steinberg (Syracuse University), and Michael O'Hanlon (BI) will discuss their book titled "Strategic Reassurance and Resolve: U.S.-China Relations in the Twenty-First Century". See, notice. Location: BI, 1775 Massachusetts Ave., 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.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "NSA Telephonic and Electronic Surveillance: The Executive, Legislative and Judicial Drivers of Reform and Likely Outcomes". The speakers will be David Valdez (FCC), Allan Friedman (George Washington University), Amie Stepanovich (Access), Kevin Bankston (New America Foundation), Douglas Bonner (Drinker Biddle & Reath), Michael Sussman (Perkins Coie), Marc Zwillinger (ZwillGen). Prices vary. CLE credits. No webcast. The deadline for registrations and cancellations is 5:00 PM on May 2. See, notice. Location: Drinker Biddle & Reath, Conference Room 2B, 1500 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding text to 911 service. The FCC adopted this item on January 30, 2014, and released it on January 31, 2014. It is FCC 14-6 in PS Docket Nos. 10-255 and 11-153. See, notice in the Federal Register, Vol. 79, No. 43, March 5, 2014, at Pages 12442-12458.

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. The House will consider numerous non-technology related items under suspension of the rules Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule.

Federal Communications Commission (FCC) Auction 84, which is for certain AM broadcast construction permits, is scheduled to begin. See, November 18, 2013 Public Notice (DA 13-2168 in AU Docket No. 13-268) and notice in the Federal Register, Vol. 78, No. 231, December 2, 2013, at Pages 72081-72086.

9:00 AM - 5:00 PM. Day one of a three day event hosted by the National Science Foundation's (NSF) Networking and Information Technology Research and Development Program (NITRDP), DARPA, NSA, and others titled "High Confidence Software and Systems Conference". See, conference web site. Location: Annapolis, MD.

9:30 AM - 3:00 PM. The Federal Communications Commission (FCC) will host an event titled "E-Rate Modernization Workshop". See, Public Notice (DA 14-563 in WC Docket No. 13-184) with agenda. Webcast. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

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 Policy Committee will meet. See, DHHS notice and notice in the Federal Register, Vol. 78, No. 243, December 18, 2013, at Page 76627. Location: __.

10:00 AM. There will be a news conference titled "Responding to the Second Digital Divide". This "digital divide" is between those who have access to information technology and know how to use it, and those who have access but don not know how to use is. The speakers will be Clarence Anthony (National League of Cities), John Horrigan (consultant), Richard Reyes-Gavilan (District of Columbia Public Library), and Barbara Stripling (American Library Association). See, notice. Location: Zenger Room, National Press Club, 13th Floor, 529 14th St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in DDR Holdings v. Hotels.com, App. Ct. No. 13-1504. Panel D. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in I/P Engine. v. AOL, App. Ct. No. 13-1307. Panel D. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Essociate v. Azoogle.com, App. Ct. No. 13-1446. Panel F. Location: Courtroom 203, 717 Madison Place, NW.

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

5:00 PM. The House Rules Committee will meet to adopt rules for consideration of several bills, including HR 4438 [LOC | WW, the "American Research and Competitiveness Act of 2014". See, notice. Location: Room H-313, Capitol Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding Widelity Inc.'s report regarding the post-incentive auction transition. This PN is DA 14-389 in GN Docket No. 12-268. The FCC released it on March 20, 2014. See also, notice in the Federal Register, Vol. 79, No. 61, March 31, 2014, at Pages 18026-18027.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House may consider HR 4438 [LOC | WW, the "American Research and Competitiveness Act of 2014". See, Rep. Cantor's schedule.

8:00 AM - 5:00 PM. Day one of a two day meeting of the Federal Aviation Administration's (FAA) Commercial Space Transportation Advisory Committee. See, notice in the Federal Register, Vol. 79, No. 63, April 2, 2014, at Page 18605. Location: National Transportation Safety Board Conference Center, 429 L'Enfant Plaza, SW.

9:00 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "University Research Funding: Still Lagging Behind and Showing No Signs of Improvement". The speakers will be Robert Atkinson (ITIF), William Bonvillian (MIT), and Kathleen Kingscott (IBM). See, notice. Location: Room 325, Russell Building.

9:00 AM - 5:15 PM. Day two of a three day event hosted by the National Science Foundation's (NSF) Networking and Information Technology Research and Development Program (NITRDP), DARPA, NSA, and others titled "High Confidence Software and Systems Conference". See, conference web site. Location: Annapolis, MD.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Samsung Electronics v. USITC, App. Ct. No. 13-1519. Panel H. Location: Courtroom 402, 717 Madison Place, NW.

12:00 NOON. The Cato Institute will host a discussion of the book titled "Intellectual Privilege: Copyright, Common Law and the Common Good". The speakers will be the author, Tom Bell (Chapman University School of Law), Chirstopher Newman (George Mason University School of Law), and and Jim Harper (Cato). Free. Open to the public. Webcast. See, notice. Location: Cato, 1000 Massachusetts Ave., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Privacy and Social Media". The speakers will be Richard Santalesa (The Sm@rtEdgeLaw Group), Christopher Hearsey (Bigelow Aerospace), Adrian Fontecilla (Proskauer Rose), Peter Gillespie (Fisher & Phillips), and Jessica Flanigan (Monument Policy Group). Prices vary. CLE credits. See, notice.

2:00 PM. The Senate Appropriations Committee's (SAC) Subcommittee on Homeland Security will hold a hearing titled "Investing in Cybersecurity". The witnesses will be Phyllis Schneck (DHS/NPPD Deputy Under Secretary -- Cyber), Peter Edge (DHS Immigration and Customs Enforcement), William Noonan (DHS's Secret Service), Jonathan Katz (University of Maryland), Dave Mahon (CenturyLink), Scott Bowers (Indiana Statewide Association of Rural Electric Cooperatives), and Christopher Peters (Entergy Corporation). Webcast. See, notice. Location: Room 192, Dirksen Building.

2:00 PM. The Senate Appropriations Committee's (SAC) Subcommittee on Financial Services and General Government will hold a hearing titled "FY15 Funding for Federal Information Technology Investments". The witnesses will be Steven VanRoekel (Office of Management & Budget), Dan Tangherlini (General Services Administration), Katherine Archuleta (Office of Personnel Management), and David Powner (Government Accountability Office). Webcast. See, notice. Location: Room 192, Dirksen Building.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House may consider HR 4438 [LOC | WW, the "American Research and Competitiveness Act of 2014". See, Rep. Cantor's schedule.

8:30 AM - 2:00 PM. Day two of a two day meeting of the Federal Aviation Administration's (FAA) Commercial Space Transportation Advisory Committee. See, notice in the Federal Register, Vol. 79, No. 63, April 2, 2014, at Page 18605. Location: National Transportation Safety Board Conference Center, 429 L'Enfant Plaza, SW.

9:00 - 10:30 AM. The Technology Policy Institute (TPI) will host a panel discussion titled "The Evolving Media Landscape: What do the Data Show?". The speakers will include Michael Smith (TPI and Carnegie Mellon University), Joel Waldfogel (University of Minnesota), Alejandro Zentner (University of Texas at Dallas), and Thomas Lenard (TPI). Breakfast will be served from 8:30 AM. Free. Open to the public. See, notice. Location: City Club, 555 13th St., NW.

9:00 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "Accelerating Sustainability: Maximizing the Benefits of Connected Cars". See, notice. Location: Room 562, Dirksen Building.

9:00 AM - 4:30 PM. Day three of a three day event hosted by the National Science Foundation's (NSF) Networking and Information Technology Research and Development Program (NITRDP), DARPA, NSA, and others titled "High Confidence Software and Systems Conference". See, conference web site. Location: Annapolis, MD.

9:30 AM. The House Judiciary Committee's (HJC) Subcommittee on Regulatory Reform, Commercial and Antitrust Law will hold a hearing on Comcast's proposed acquisition of Time Warner Cable. The witnesses will be __. Webcast. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Couterterrorism and Intelligence and Subcommittee on Cybersecurity, Infrastructure Protections, and Security Technologies will hold a hearing titled "Assessing Persistent and Emerging Cyber Threats to the U.S. Homeland". The witnesses will be __. See, notice. Location: Room 311, Cannon 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.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee (SHSGAC) will hold a hearing titled "Identifying Critical Factors for Success in Information Technology Acquisitions". The witnesses will be __. Webcast. See, notice. Location: Room 342, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Cross Atlantic Capital Partner v. Facebook, App. Ct. No. 13-1596. Panel L. Location: Courtroom 203, 717 Madison Place, NW.

TIME? 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, 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.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and teleconferenced panel discussion titled "Antitrust Analysis in Digital Platform Markets: Just One Side of the Story?". The speakers will be Lisa Kimmel (FTC), Aaron Hoag (DOJ), Pete Levitas (Arnold & Porter), Marc Rysman (Boston University), and Scott Sher (WSGR). Prices vary. No CLE credits. See, notice. Location: Arnold & Porter, 555 12th St., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "The Impact of Regulatory and Industry Standards on Patents". The speakers will be Logan Breed (Hogan Lovells), Jorge Contreras (American University law school), Michelle Herman (Intellectual Ventures), and Michael Hawes (Baker Botts). Prices vary. CLE credits. See, notice.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property, and the Internet will hold a hearing titled "Compulsory Video Licenses of Title 17". The witnesses will be __. Webcast. See, notice. Location: Room 2141, Rayburn Building.

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

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

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Conflicts of Interest in Buy/Sell Transactions: How to Spot and Avoid Them". The speakers will be Ted Frank (Arnold & Porter), Alison Bost (Womble Carlyle), Bernard DiMuro (DiMuro Ginsburg), Saul Singer (District of Columbia Bar), Lawrence Movshin (Wilkinson Barker Knauer), Marni Byrum (McQuade Byrum), George Clark, and Michael Frisch (Georgetown University Law Center). CLE credits. No webcast. Prices vary. The deadline for registrations and cancellations is 5:00 PM on May 7. See, notice. Location: Arnold & Porter, 555 12th St., NW.

The House will meet at 9:00 AM for legislative business. See, Rep. Cantor's schedule. The House may consider HR 4438 [LOC | WW], the "American Research and Competitiveness Act of 2014".

TIME? Day six of a six day event hosted by the National Science Foundation's (NSF) Networking and Information Technology Research and Development Program (NITRDP), DARPA, NSA, and others titled "High Confidence Software and Systems Conference". Location: Annapolis, MD.

9:00 AM - 12:00 NOON. The President's Council of Advisors on Science and Technology (PCAST) will hold a partially closed meeting. The agenda includes reports on "science, technology, and innovation in China". See, notice in the Federal Register, Vol. 79, No. 81, April 28, 2014, at Page 23340. Location: National Academy of Sciences, 2101 Constitution Ave., NW.

9:00 AM - 3:00 PM. The Department of Commerce's (DOC) Bureau of Economic Analysis (BEA) will hold a meeting regarding "ways in which the national economic accounts can be presented more effectively for current economic analysis and recent statistical developments in national accounting". Open to the public. See, notice in the Federal Register, Vol. 79, No. 40, February 28, 2014, at Pages 11400-11401. Location: BEA, 1441 L St.,  NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Fenner Investments, Ltd. v. Cellco Partnership, App. Ct. No. 13-1640. Panel N. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Innovative Biometric Technology v. Toshiba America, App. Ct. No. 13-1288. Panel M. Location: Courtroom 201, 717 Madison Place, NW.

1:00 - 4:00 PM. The U.S. Patent and Trademark Office (USPTO) will host a public 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. Location: USPTO, Madison Auditorium, 600 Dulany St., Alexandria, VA.

Deadline to submit reply 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 submit initial comments to the Federal Communications Commission's (FCC) Consumer and Governmental Affairs Bureau in response to its Public Notice (PN) regarding FCC rules that require fax advertisements sent to a consumer who has provided prior express invitation or permission to include an opt-out notice. This PN is DA 14-556 in CG Docket Nos. 02-278 and 05-338. The FCC released it on April 25, 2014.

Mothers Day.

9:00 AM - 3:00 PM. The Center for Strategic and International Studies (CSIS) and Brookings Institution (BI) will host a program titled "35 Years Later: Assessing the Effectiveness of the Taiwan Relations Act". The speakers will include Shen Lyushun (Taipei Economic and Cultural Representative). See, CSIS notice and BI notice. Location: CSIS, 1616 Rhode Island Ave., NW.

12:00 NOON. Marc Levoy (Stanford University) will deliver a presentation titled "Google Glass and the Future of Photography". This is a ticketed event. The price to attend ranges from free to $5. See, notice. Location: National Press Club, 13th Floor, 529 14th St., NW.

CANCELLED. 6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Transition to All IP Networks: Update on Issues and Progress at State Commissions". The speakers will be __. Prices vary. CLE credits. No webcast. The deadline for registrations and cancellations is 5:00 PM on May 9. See, notice. Location: __.

EXTENDED TO JUNE 26. Deadline to submit initial comments to the Federal Communications Commission (FCC) 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. See, Public Notice (DA 14-525) extending deadlines.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (NPRM) regarding location surveillance. This FNPRM is FCC 14-13 in PS Docket No. 07-114. The FCC adopted it on February 20, 2014, and released it on February 21. See, notice in the Federal Register, Vol. 79, No. 60, March 28, 2014, at Pages 17819-17847. See also, story titled "FCC Proposes Changes to Location Surveillance Rules" in TLJ Daily E-Mail Alert No. 2,629, February 24, 2014.

EXTENDED TO JUNE 12. Deadline to submit reply 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. See, April 24 Public Notice (DA 14-552) extending deadlines.