House Judiciary Committee to Mark
Up Surveillance Reform Bill |
5/5. The House Judiciary Committee (HJC)
announced that it will mark up HR 3361
[LOC |
WW], a huge bill
to reform government surveillance practices, on Wednesday, May 7, 2014 at 1:00 PM.
The HJC is scheduled to consider an
amendment in the nature of a substitute [35 pages in PDF].
This bill is titled both the "Uniting and Strengthening America by Fulfilling
Rights and Ending Eavesdropping, Dragnet-collection, and Online Monitoring Act'' and the
"USA FREEDOM Act".
Bill Summary. First, this bill (amendment in the nature of a substitute) would
limit the bulk collection of call detail records by amending
50 U.S.C. § 1861.
Section 1861 of Title 50 is the authority for issuance of the telephony metadata orders
first reported by news media in June of 2013 based upon disclosures by Edward Snowden. It
is also known as Section 501 of the FISA. The 2001 surveillance act (Section II of the USA
PATRIOT Act) amended Section 1861/501 in its Section 215. Hence, this section is variously
referred to as 215, 501, and 1861.
Second, this bill would limit pen register and trap and trace (PRTT) authority. PRTT
orders apply in the context of both telephone numbers to which or from which calls are
made, and e-mail addressing information. This bill would limit the use of PRTT orders,
issued pursuant to 50 U.S.C. §
1842, for bulk collection.
Third, this bill would limit the "outside" the US surveillance authority in
the FISA. Section 702 of the FISA, which is codified at
50 U.S.C. § 1881a,
contains this controversial authority. The bill prohibits its use for reverse
targeting, addresses minimization procedures, and limits the use of unlawfully
obtained information.
Fourth, this bill would limit National Security Letter (NSL) authority, by
limiting its use for bulk collection of records. Like Section 215/501/1861, this
is a means for acquiring business records. The relevant statute is codified at
18 U.S.C.§ 2709.
This section provides that "A wire or electronic communication service provider
shall comply with a request for subscriber information and toll billing records
information, or electronic communication transactional records in its custody or
possession made by the Director of the Federal Bureau of Investigation".
Fifth, this bill would provide modest reforms of the body titled "Foreign
Intelligence Surveillance Court", including some increased reporting to the
Congress and disclosure of opinions.
More Information. This bill has been referred to the HJC,
House Intelligence Committee (HIC), and the
House Financial Services Committee
(HFSC). Multiple referrals make House passage more difficult and less likely. In
particular, it is highly unlikely that the HIC would approve this bill without substantial
deletions.
Also, there is the matter of the Senate.
Sen. Patrick Leahy (D-VT), the Chairman
of the Senate Judiciary Committee (SJC),
is the sponsor the Senate version of the USA FREEDOM ACT, S 1599
[LOC |
WW]. That bill
has 21 cosponsors. He also praised the amendment in the nature of a substitute released
on May 5.
Sen. Leahy stated in a release that "I congratulate Chairman Goodlatte, Ranking
Member Conyers, and Congressman Sensenbrenner on moving forward in the
House Judiciary Committee with an agreement on the USA FREEDOM Act. When
Congressman Sensenbrenner and I introduced this bill last fall, we sought to end
the dragnet collection of Americans' phone records and also ensure that other
surveillance authorities cannot be used in a similar way. The agreement
announced today does just that. I will closely review this serious proposal, and
I hope eventually it will retain some important reforms related to national
security letters, a strong special advocate at the FISA court, and greater
transparency. The President has agreed that the government’s bulk collection of
Americans’ phone records must end, and now Congress must act."
Rep. James Sensenbrenner (R-WI)
introduced HR 3361 on October 29, 2013. It now has 123 cosponsors -- 67
Republicans and 76 Democrats. The HJC held a hearing titled "Examining Recommendations
to Reform FISA Authorities" on February 4, 2014. See, HJC
web page with hyperlinks to transcript, video, and prepared testimony.
Rep.
Sensenbrenner (at right),
Rep. Bob Goodlatte, Rep. John Conyers (D-MI), Rep. Bobby Scott (D-VA), Rep. Gerrold
Nadler (D-NY), and Rep. Randy Forbes (R-VA) stated in a joint release that "As
the Committee of primary jurisdiction, we have conducted robust oversight of the
intelligence-gathering programs operated under FISA and have come to the conclusion
that these programs are in need of reform to protect our privacy, including prohibiting
bulk collection under Section 215.
They continued that "Over the past several months, we have worked together
across party lines and with the Administration and have reached a bipartisan solution
that includes real protections for Americans’ civil liberties, robust oversight, and
additional transparency, while preserving our ability to protect America’s national
security. We look forward to taking up this legislation on Wednesday and continuing to
work with House leaders to reform these programs."
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House Intelligence Committee to Hold
Closed Mark Up of Its FISA Reform Bill |
5/5. The House Intelligence Committee
(HIC) announced that it will hold a closed meeting to mark up HR 4291
[LOC |
WW], a bill that
would make changes to the Foreign Intelligence Surveillance Act (FISA), on Thursday,
May 8 at 10:00 AM. See, HIC
release.
This bill is titled the "FISA Transparency and Modernization Act of 2014".
Rep. Mike Rogers (R-MI), the Chairman of
the HIC introduced it on March 25, 2014. It now has 13 cosponsors, including
Rep. Dutch Ruppersberger (D-MD),
the ranking Democratic on the HIC. All but one are members of the HIC.
Rep. Rogers (at right) and Rep.
Ruppersberger stated in the HIC release that "This bill directly addresses the
privacy concerns many Americans have expressed over bulk collection. The bill ends bulk
collection of telephone metadata and increases transparency while maintaining the tools
our government needs to keep Americans and our allies safe. We believe this bill responds
to the concerns many Members of Congress have expressed and can be the compromise vehicle
to reform FISA while preserving important counterterrorism capabilities."
Bill Summary. This bill would limit the bulk collection of call detail records
under Section 215/501/1861, 50
U.S.C. § 1861.
This bill would prohibit bulk collection under any provision of the FISA of
"library circulation records, library patron lists, book sales records, book
customer lists, firearm sales records, tax return records, educational records,
or medical records containing information that would identify a person without
the use of specific identifiers or selection terms."
(This would not prohibit
bulk collection of such records under Title 18 authority, such as NSL authority.
On the other hand, Rep. Rogers could not have referenced this section without
giving the judiciary committees claims to jurisdiction. Also, NSLs apply to a
"wire or electronic communication service provider".)
This bill would provide that the government may not collect under the FISA
"records of any electronic communication without the use of specific identifiers
or selection terms". The terms "specific identifiers" and "selection
terms" are not defined either by this bill, or by the definitional section of the
FISA, 50 U.S.C. § 1801.
This bill would provide for some reforms of the body titled "Foreign
Intelligence Surveillance Court".
This bill also contains several provisions intended to reduce the probability that any
persons similar to Edward Snowden will work for the NSA or a contractor of the NSA.
This bill would also add a new surveillance provision to the FISA. This new provision
would allow the government to "authorize ... for a period of up to 1 year ... the
acquisition from an electronic communication service provider of records created as a
result of communications of an individual or facility who, based on reasonable and
articulable suspicion, is (1) a foreign power or the agent of a foreign power; (2)
associated with a foreign power or the agent of a foreign power; or (3) in contact with,
or known to, a suspected agent of a foreign power." (The terms "foreign power"
and "agent of a foreign power" are terms or art broadly defined in Section 1801.)
This bill is the HIC's more limited alternative to HR 3361
[LOC |
WW], the USA
FREEDOM ACT, sponsored by Rep. James
Sensenbrenner (R-WI), Rep. John Conyers
(D-MI), and 142 others. Both provide for surveillance reform. HR 3361 is the
broader of the two bills.
Committee Turf Battle. In addition, there is a turf war between committees in both
the House and Senate. Foreign intelligence and the FISA, which is in Title 50 of the U.S.
Code, lie within the jurisdiction of the HIC and
Senate Intelligence Committee (SIC).
The National Security Letter (NSL) authority, some pen register and trap and trace
(PRTT) authority, the Wiretap Act, the Stored Communications Act, and the Electronic
Communications Privacy Act (ECPA) are in Title 18, the criminal code, and lie within the
jurisdiction of the House Judiciary Committee
(HJC) and Senate Judiciary Committee (SJC).
For about a decade, the HIC and SIC have significantly displaced
the HJC and SJC as the lead committees on both oversight and legislation pertaining
to government surveillance conducted under both Titles 50 and 18.
Rep. Sensenbrenner, unlike Sen. Patrick
Leahy (D-VT), the Chairman of the SJC, is not constrained by partisan loyalties to
President Obama and Attorney General Eric Holder. Moreover, SJC members
have recently been occupied by another bill, S 1720
[LOC |
WW], the
"Patent Transparency and Improvements Act of 2013".
Eight of the nine Republican cosponsors of HR 4291 are members of the HIC. Rep. Mike
Pompeo (R-KS), Rep. Michele Bachman (R-MN), Rep. Lynn Westmoreland (R-GA), Rep. Jeff
Miller (R-FL), Peter King (R-NY), Rep. Frank LoBiondo (R-NJ), Rep. Michael Conaway (R-GA),
and Rep. Devin Nunes (R-CA).
In addition to Rep. Ruppersberger, whose district is home to the
National Security Agency (NSA) and many of its employees,
the other Democratic cosponsors of the bill are Rep. James Langevin (D-RI), Rep. Terri
Sewell (D-AL), and Rep. Thompson (R-CA).
The only member of the House of Representatives who is a cosponsor of HR 4291 who
is not a member of the HIC is Rep. Tom Cotton (R-AR).
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House Commerce Committee to Mark Up DOTCOM
Bill and STELA Reauthorization Bill |
5/5. The House Commerce Committee (HCC)
announced that it will mark up HR 4342
[LOC
| WW], the
"Domain Openness Through Continued Oversight Matters Act of 2014", also
known as the DOTCOM Act, and a yet to be introduced STELA reauthorization bill, on May 7
at 4:00 PM (opening statements only) and May 8 at 10:00 AM. See,
notice.
This bill requires that the Government Accountability
Office (GAO) to write a report regarding a proposal that the
National Telecommunications and Information
Administration (NTIA) receives "relating to the relinquishment of the
responsibility of the NTIA over Internet domain name system functions".
The bill further provides that until then, the NTIA "may not relinquish or
agree to any proposal relating to the relinquishment of the responsibility" of
the NTIA "over Internet domain name system functions, including responsibility
with respect to the authoritative root zone file, the Internet Assigned Numbers
Authority functions, and related root zone management functions."
See, NTIA March 14, 2014
release and
release proposing to relinquish US control.
This main provision of the draft bill is reauthorization
of the Satellite Television Extension and Localism Act (STELA). It provides for
a five year extension. However, this bill also addresses the FCC's media ownership rules,
retransmission consent, sweeps week, the integration ban, and other issues.
See also, story titled "HCC/SCT Marks Up STELA Reauthorization Bill" in
TLJ Daily E-Mail
Alert No. 2,636, March 25, 2014.
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Copyright Office Schedules Three Roundtables
for its Music Licensing Inquiry |
5/5. The Copyright Office (CO) published a
notice in
the Federal Register (FR) that announces the dates, times and places of its public
roundtables in its inquiry proceeding regarding music licensing issues.
The Copyright Office (CO) published a
notice in
the FR on March 17, 2014 that announced "the initiation of a study to evaluate the
effectiveness of existing methods of licensing music". That notice contains a summary
of current music licensing practices and laws, and 24 questions for public comment. See
also, story titled
"Copyright Office Seeks Comments on Music Licensing" in
TLJ Daily E-Mail Alert No.
2,634, March 19, 2014.
The deadline to submit written comments remains May 16, 2014. These events
are open to the public. The deadline to submit requests to participate (as
opposed to observing) is May 20, 2014.
The first two day roundtable will be held at Belmont University in Nashville,
Tennessee on June 4 and 5. The second roundtable will be held in UCLA law school
in Los Angeles, California on June 16 and 17. The third roundtable will be held
at New York University law school in New York City, New York on June 23 and 24.
The just released notice is published at FR, Vol. 79, No. 86, May 5, 2014, at
Page 25626. The March notice was published at FR, Vol. 79, No. 51, March 17,
2014, at Pages 14739-14743.
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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:
• House Judiciary Committee to Mark Up Surveillance Reform Bill
• House Intelligence Committee to Hold Closed Mark Up of Its FISA Reform Bill
• House Commerce Committee to Mark Up DOTCOM Bill and STELA Reauthorization Bill
• Copyright Office Schedules Three Roundtables for its Music Licensing Inquiry
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Washington Tech
Calendar
New items are highlighted in
red. |
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Tuesday, May 6 |
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.
The Senate will meet at 10:00 AM.
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.
Day two of a two day event titled "Public Safety Broadband
Summit & Expo". Event has sold out. See,
event web site. Location:
Renaissance Hotel, 999 9th St., NW.
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, and story titled "House Ways and Means Committee Approves Bill to
Make R&D Tax Credit Permanent" in TLJ Daily E-Mail Alert No. 2,652, May 2,
2014. 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.
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Wednesday, May 7 |
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", and
story titled "House Ways and Means Committee Approves Bill to Make R&D Tax
Credit Permanent" in TLJ Daily E-Mail Alert No. 2,652, May 2, 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
House Financial Services Committee (HFSC)
will meet to mark up 15 bills, and adopt a resolution authorizing the issuance of subpoenas
for records by the Department of Justice (DOJ) and the Department of the Treasury (DOT).
Several of these bills would make it easier for small and startup companies in the tech
sector to raise capital. See,
notice of hearing, and HFSC
memorandum
summarizing the bills to be considered. Location: Room 2128, Rayburn Building.
10:00 AM - 12:00 NOON. The Federal
Trade Commission (FTC) will hold an event titled "Seminar on Privacy
Implications of Consumer Generated and Controlled Health Data". There will be a
presentation titled "Health Data Flows" by Latanya Sweeney (FTC Chief Technologist). There
will be a presentation titled "A Snapshot of Data Sharing by Select Health and Fitness
Apps" by Jared Ho (FTC Mobile Technology Unit). There will then be a panel discussion.
The speakers will be Cora Han and Kristen Anderson (both of the FTC's Division of Privacy
and Identity Protection), Christopher Burrow (Humetrix), Joseph Hall (Center for Democracy
& Technology), Sally Okun (PatientsLikeMe), Heather Patterson (New York University), and
Joy Pritts (DHHS).See,
notice. Location: FTC Conference Center, 601 New Jersey Ave., NW.
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 PM. The
House Judiciary Committee (HJC) will meet to mark
up HR 3361 [LOC |
WW], the
"Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping,
Dragnet-collection, and Online Monitoring Act'' or "USA FREEDOM Act". See also,
story titled "House Judiciary Committee to Mark Up Surveillance Reform Bill"
in TLJ Daily E-Mail Alert No. 2,654, May 6, 2014. Webcast. Open to the public. See,
notice. Location: Room 2141, Rayburn Building.
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.
4:00 PM. The
House Commerce's Committee (HCC) will meet
to begin its mark up of HR 4342
[LOC |
WW], the
"Domain Openness Through Continued Oversight Matters Act of 2014", also
known as the DOTCOM Act. The Wednesday portion of this meeting is for opening statements
only. See,
notice. Location: Room 2123, Rayburn Building.
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Thursday, May 8 |
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", and story titled
"House Ways and Means Committee Approves Bill to Make R&D Tax Credit
Permanent" in TLJ Daily E-Mail Alert No. 2,652, May 2, 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 Robert
Marcus (Time Warner Cable), David Cohen (Comcast), Matthew Polka (American
Cable Association), Scott Hemphill (Columbia Law School), Allen Grunes (Geyer
Gorey), Patrick Gottsch (Rural Media Group), Dave Schaeffer (Cogent
Communications), and Craig Labovitz (DeepField Networks). Webcast. See,
notice. Location: Room 2141, Rayburn Building.
10:00 AM. The
House Intelligence Committee (HIC) will hold a closed meeting to mark up HR 4291
[LOC |
WW], the
"FISA Transparency and Modernization Act of 2014". See also, story
titled "House Intelligence Committee to Hold Closed Mark Up of Its FISA Reform
Bill" in TLJ Daily E-Mail Alert No. 2,654, May 6, 2014. Closed to the public. No
webcast. See,
notice. Location: Room HVC-304, Capitol Building.
10:00 AM. The
House Commerce's Committee (HCC) will meet
to complete its mark up of HR 4342
[LOC |
WW], the
"Domain Openness Through Continued Oversight Matters Act of 2014", also
known as the DOTCOM Act. See,
notice. Location: Room 2123, 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
House Appropriations Committee (HAC)
will meet to mark up the FY 2015 Commerce, Justice, and Science Appropriations
Bill, and the Report on the Suballocation of Budget Allocations for FY 2015. See,
notice. Location: Room 2359, 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.
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.
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Friday, May 9 |
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". See,
story titled "House Ways and Means Committee Approves Bill to Make R&D Tax
Credit Permanent" in TLJ Daily E-Mail Alert No. 2,652, May 2, 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.
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Sunday, May 11 |
Mothers Day.
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Monday, May 12 |
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.
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Tuesday, May 13 |
9:30 AM. The U.S. Court of Appeals
(DCCir) will hear oral argument in Sorenson Communications v. FCC, App.
Ct. No. 13-1122. This pertains to Internet Protocol Captioned Telephone Service (IPCTS).
See also, FCC
brief filed on March 13, 2014. Judges Brown, Griffith and Millett will preside. This
is the third item on the Court's agenda. Location: USCA Courtroom, Prettyman Courthouse,
333 Constitution Ave., NW.
1:00 - 2:30 PM. The American Bar
Association (ABA) will host a webcast panel discussion titled "Music Licensing
2014: Songs and Sound Recordings". The speakers will be __. Prices vary. CLE credits.
See, notice.
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