5/8. The Federal Trade Commission (FTC) filed an administrative complaint against Snapchat alleging violation of the Federal Trade Commission Act (FTCA) in connection with its making false or misleading representations regarding the privacy and security related features of its mobile messaging service.

The FTC and Snapchat simultaneously entered into an Agreement Containing Consent Order which will remain in effect for 20 years. The agreement provides that Snapchat will not make any misrepresentations about the privacy, security, or confidentiality of its services. It also provides for ongoing FTC oversight of the company.

The FTC also released a document titled "Analysis of Proposed Consent Order to Aid Public Comment". The deadline to submit comments is June 9, 2014.

While the complaint alleges violation of the FTCA, neither the complaint, agreement, nor analysis identify which section of the FTCA Snapchat allegedly violated.

FTC Chairman Edith Ramirez stated in a release that "If a company markets privacy and security as key selling points in pitching its service to consumers, it is critical that it keep those promises ... Any company that makes misrepresentations to consumers about its privacy and security practices risks FTC action."

Snapchat provides a photo, video and text messaging application, for free, via the iTunes App Store and Google Play store.

Snapchat made privacy and security related representations in the Apple and Google stores, in its privacy policy published in its web site, and in its FAQ web page regarding its service. It represented, for example, that users could send photos that would be deleted from its servers after expiration of the number of seconds after opening specified by the user. It stated that photos would disappear forever. It also represented that if a recipient took a screenshot, the user would receive e-mail notification. It also stated that it collected only certain information. For example, "We do not ask for, track, or access any location-specific information from your device at any time while you are using the Snapchat application".

The complaint alleges that the Snapchat's privacy and security related representations were riddled with inaccuracies.

It alleges that photos "may not disappear forever after the user-set time period expires", and that "the sender may not be notified if the recipient takes a screenshot of a snap".

The complaint also alleges that "Snapchat integrated an analytics tracking service in the Android version of its application that acted as its service provider. While the Android operating system provided notice to consumers that the application may access location information, Snapchat did not disclose that it would, in fact, access location information, and continued to represent that" it did not track or access location data.

The complaint also alleges that, contrary to its representations, Snapchat collected the "names and phone numbers of all the contacts in the user’s address book".

The FTC complaint also alleges that Snapchat misrepresented the security of its service. "Snapchat failed to verify that the phone number that an iOS user entered into the application did, in fact, belong to the mobile device being used by that individual. Due to this failure, an individual could create an account using a phone number that belonged to another consumer, enabling the individual to send and receive snaps associated with another consumer’s phone number."

Also, it alleges that "Snapchat failed to implement effective restrictions on the number of Find Friend requests that any one account could make to its API. Furthermore, Snapchat failed to implement any restrictions on serial and automated account creation. As a result of these failures, in December 2013, attackers were able to use multiple accounts to send millions of Find Friend requests using randomly generated phone numbers. The attackers were able to compile a database of 4.6 million Snapchat usernames and the associated mobile phone numbers."

The complaint does not allege any misrepresentations in connection providing copies of photos to the U.S. government, or retention of photos to facilitate government access. On October 14 Snapchat stated in a release that "Since May 2013, about a dozen of the search warrants we've received have resulted in us producing unopened Snaps to law enforcement." This release also stated that "Law enforcement requests sometimes require us to preserve Snaps for a time." On October 15, 2013 The Guardian published an article by Amanda Holpuch titled "Snapchat admits to handing unopened 'snaps' to US law enforcement".

The agreement between the FTC and Snapshot provides that Snaphat "shall not misrepresent" the extent to which it, or its "products or services maintain and protect the privacy, security, or confidentiality of any covered information, including but not limited to: (1) the extent to which a message is deleted after being viewed by the recipient; (2) the extent to which respondent or its products or services are capable of detecting or notifying the sender when a recipient has captured a screenshot of, or otherwise saved, a message; (3) the categories of covered information collected; or (4) the steps taken to protect against misuse or unauthorized disclosure of covered information."

It also requires that Snapchat maintain a privacy program, which program is specified in the agreement. It also requires Snapchat to hire an independent third party professional, approved by the FTC, to prepare biennial assessments and reports on Snapchat privacy practices. There is no fine, restitution, damages, or other financial payment of penalty.

5/8. The Senate Judiciary Committee (SJC) again held over consideration of S 1720 [LOC | WW], the "Patent Transparency and Improvements Act of 2013".

Sen. Patrick Leahy (D-VT) wrote in an opening  statement that "I am continuing work with other Members of the Committee to address constructive comments from both sides about the patent legislation on our agenda." It was a very brief meeting, and there was no discussion of patent legislation.

Sen. Leahy and others introduced this bill on November 18, 2013. This bill, as introduced, does not contain a fee shifting provision, which is central to the bill passed by the House in December, HR 3309 [LOC | WW], the "Innovation Act".

Both S 1720 and HR 3309 are directed at what many proponents of the bills describe as "patent trolls".

S 1720, as introduced, would require disclosures regarding patent ownership, and financial interests in patents, both at the filing of a lawsuit by a patent owner for patent infringement, and to the U.S. Patent and Trademark Office (USPTO). It would also provide for a stay in certain patent litigation of that portion of the action directed at customers who purchased allegedly infringing products when the manufacturer is also a party, and the "customer agrees to be bound under the principles of collateral estoppel by any issues finally decided as to the covered manufacturer". It would also amend the Patent Act to govern Section 5 of the Federal Trade Commission Act (at 15 U.S.C. § 45) to provide that certain bad faith demand letter practices constitute unfair or deceptive trade practices within the meaning of the FTC Act. It would also require that the USPTO conduct a study on the "patent secondary market". It would also address prior art in cases of double patenting, intellectual property licenses in bankruptcy proceedings, and post grant review procedures.

See also, 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.

Michael Petricone of the Consumer Electronics Association (CEA) stated in a release that “The latest postponement means another blow to American innovation and job creation. With each delay, more and more innovators are forced to choose between developing breakthrough technologies and dealing with patent trolls’ extortionist lawsuits. Every week the committee waits to take action, patent trolls siphon off another $1.5 billion from the U.S. economy." He added that "The trolls are scared, and they’re pulling out all the stops to derail this bill." He urged the Senate to "ignore the pleas of trial lawyers, universities and others who routinely profit from patent abuse".

5/8. On May 7, 2014 The House Judiciary Committee (HJC) amended and approved 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", a bill to limit the surveillance powers of the government by stating that several provisions of surveillance law may not be used for bulk collection of information.

Rep. John Conyers (D-MI) (at left), the ranking Democrat on the HJC, stated that "all domestic bulk collection must end".

Rep. Bob Goodlatte (R-VA), the Chairman of the HJC, stated that "The FISA business records provision -- often referred to as Section 215 of the PATRIOT Act -- allows the government to access business records in foreign intelligence, international terrorism and clandestine intelligence investigations. Last year’s unauthorized disclosures by Edward Snowden revealed to the American people that the National Security Agency, as part of its mission to protect the United States from terrorist attacks, had been collecting bulk telephony metadata under Section 215."

The HJC approved an amendment in the nature of a substitute (AINS), as amended by one further amendment. The HJC rejected several other amendments. The vote on final passage was 32-0. See, roll call.

On May 8 the House Intelligence Committee (HIC) passed this bill by voice vote.

Rep. James Sensenbrener (R-WI) and others introduced this bill October 29, 2013. Rep. Sensenbrenner, Rep. Goodlatte, Rep. Conyers, Rep. Gerrold Nadler (D-NY), and others completed negotiations on the AINS last weekend. They released a draft of the AINS, and Rep. Goodlatte scheduled the mark up, on Monday, May 5. The short notice of the deal and mark up left opponents of the bill little time to work in opposition.

The AINS, which was further revised before the markup, is a compromise. It deleted some of the provisions included in the bill as introduced. Rep. Sensenbrenner, Rep. Nadler, and Rep. Zoe Lofgren (D-CA) all preferred legislation that would have further limited NSA surveillance practices. Some members would have preferred at bill that imposed fewer restrictions on the NSA. However, there was wide agreement to back the compromise bill.

The HJC demonstrated an unusual amount of cooperation, civility and bipartisanship in reaching this compromise bill, and at the markup. In the past, and particularly from the summer of 2005 until the 2008 election, Congressional Democrats exploited surveillance issues in a partisan manner. They were successful in utilizing these issues to help win elections, but failed to enact legislation restricting abuse of surveillance powers. Democratic rhetoric regarding surveillance abuse substantially decreased when it became apparent that President Obama's policies were indistinguishable from President Bush's. Rep. Sensenbrenner and some other Congressional Republicans then increasingly condemned the Obama administration's policies. However, at the May 7 mark up, all of the partisanship was absent. Republicans did not condemn the Obama or Clinton administrations for anything. Democrats did not condemn the Bush, Reagan or Nixon administrations.

The HJC members had an additional concern that united them behind this bill -- preservation of committee powers. From their perspective, other committees have poached upon their jurisdiction in recent decades on issues involving information and communications technologies. For almost a decade, the HIC and Senate Intelligence Committee (SIC) have played the leading role both on oversight and legislation affecting surveillance. HJC members seek to restore the HJC's role. Many members stated at the mark up that the HJC is the committee of "primary jurisdiction".

(Also, while the HJC's jurisdiction includes both intellectual property and antitrust, the HJC has seen the House Commerce Committee (HCC) involve itself in intellectual property issues, and in antitrust in mergers involving communications companies.)

The HJC approved an amendment offered by Rep. Suzan DelBene (D-WA) that allows more detailed disclosures by companies about the numbers of requests that they receive from government entities. Her district is home to many employees of Microsoft and other tech companies.

The HJC rejected on voice votes numerous amendments offered by Rep. Lofgren to further restrict surveillance powers. The HJC also rejected by a vote of 4-24 an amendment offered by Rep. Steve King (R-IA) that would have had the effect of expanding government powers in the area of data retention by companies. See, roll call.

The HJC initially approved an amendment offered by Rep Louie Gohmert (R-TX) by a vote of 14-11. At the conclusion of the roll call, the vote stood at 11-14, just short of passage. Then Rep. Sheila Lee (D-TX) and Pedro Pierluisi (D-RI) changed their votes from no to yes, providing a majority of 13-12. Rep. Goodlatte then changed his vote from no to yes. Under the rules of the HJC, and most legislative bodies, a motion for reconsideration of a measure that has been approved can only be brought by one who supported that measure. Rep. Goodlatte switched his vote to preserve his right to bring a motion for reconsideration. The HJC soon recessed for floor votes before returning briefly to conclude consideration of amendments, and final passage. Rep. Goodlatte then brought a motion for reconsideration, which passed by voice vote. The HJC then voted again on Rep. Gohmert's amendment. It failed on a voice vote.

Rep. Goodlatte stated at the mark up that this bill is on a "fast track" for House passage.

Sen. Patrick Leahy (D-VT) is the Chairman of the Senate Judiciary Committee (SJC) and sponsor of the Senate version of this bill, S 1599 [LOC | WW]. He stated in a May 7 release that the HJC's "overwhelming, bipartisan vote makes clear that there is broad support in Congress, after years of debate, to recalibrate the nation's surveillance authorities and put a real oversight structure in place."

He continued that "I remain concerned that the legislation approved today does not include some of the important reforms related to national security letters, a strong special advocate at the FISA Court, and greater transparency. I will continue to push for those reforms when the Senate Judiciary Committee considers the USA FREEDOM Act this summer."

Ed Black, head of the Computer and Communications Industry Association (CCIA), praised the votes in the HJC and HIC in a release. He stated that "When a government collects and stores such massive amounts of data there is inherently a temptation to stretch existing rules on using the data. There remain numerous areas of law and policy that need further reform and we are still concerned about any directive to have private companies store such data."

Kevin Bankston of the New America Foundation (FAF) stated in a release that the "unanimous condemnation of bulk collection by both House committees is absolutely historic". He added that "The bill is admittedly an imperfect compromise, lacking a number of key reforms and containing some new language that will need to be clarified", but "make no mistake: USA FREEDOM, if passed, would still be the most powerful new law to regulate government’s national security surveillance powers since the spying scandals of the seventies prompted Congress to pass the original Foreign Intelligence Surveillance 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.

5/8. President Obama nominated Pamela Harris to be a Judge of the U.S. Court of Appeals (4thCir). See, White House news office release and release. She has worked in the Washington DC office of the law firm of O'Melveny & Myers from 1999 through 2009 as an appellate litigator. She was Principal Deputy Assistant Attorney General in the Department of Justice's (DOJ) Office of Legal Policy (OLP) during the first Obama administration. She worked in the DOJ's Office of Legal Counsel (OLC) during the Clinton administration. She is now a visiting professor at Georgetown University law school. See, GU bio. Federal Election Commission (FEC) records disclosure that she gave money to the Presidential campaigns of John Kerry and John Edwards in the 2004 election cycle, and to the Obama campaign in the 2008 election cycle.

5/8. The Senate voted to invoke cloture (end debate) on the nomination of Robin Rosenbaum to be a Judge of the U.S. Court of Appeals (10thCir) by a vote of 57-37. See, Roll Call No. 140. It was a nearly straight party line vote.

5/8. President Obama nominated Brenda Sannes to be a Judge of the U.S. District Court (NDNY). See, White House news office release.

5/8. The Senate confirmed Indira Talwani to be a Judge of the U.S. District Court (DMass) by a vote of 54-42. See, Roll Call No. 136. It was a nearly straight party line vote.

5/8. The Senate confirmed James Peterson to be a Judge of the U.S. District Court (WDWisc) by a vote of 70-24. See, Roll Call No. 138. The vote of the motion to invoke cloture was closer, 56-40. See, Roll Call No. 135.

5/8. The Senate confirmed Nancy Rosenstengel to be a Judge of the U.S. District Court (SDIll) by a vote of 95-0. See, Roll Call No. 139.

5/8. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved, en banc, by unanimous voice vote, four District Court nominees for the state of Florida: Carlos Mendoza (MDFl), Darren Gayles (SDFl), Paul Byron (MDFl), and Beth Bloom (SDFl). Both Sen. Bill Nelson (D-FL) and Sen. Marco Rubio (R-FL) support these nominees.

5/8. President Obama nominated Lisa Mensah to be Under Secretary for Rural Development at the Department of Agriculture. The Rural Utilities Service (RUS) is one of the Rural Development programs. See, White House news office release. Mensah has worked at the Aspen Institute since 2002.

5/7. The Department of Homeland Security (DHS) announced in a release that its seeks to fill several Senior Advisor positions at the Transportation Security Administration (TSA) and Customs and Border Protection (CBP) under its Loaned Executive Program. The DHS will not pay these people; their companies will. These positions are for 6 or 12 months. The deadline to submit applications is May 27, 2014.

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The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House will continue consideration of HR 4438 [LOC | WW], the "American Research and Competitiveness Act of 2014". See, stories 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, and "Obama Administration Opposes R&D Tax Credit Bill" in TLJ Daily E-Mail Alert No. 2,655, May 7, 2014. See, Rep. Cantor's schedule.

The Senate will meet at 9:30 AM.

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, and HR 4572 [LOC | WW], a STELA reauthorization bill. See, notice and stories titled "House Commerce Committee to Mark Up DOTCOM Bill and STELA Reauthorization Bill" in TLJ Daily E-Mail Alert No. 2,654, May 6, 2014, and "House Commerce Committee to Mark Up STELA Reauthorization Bill" in TLJ Daily E-Mail Alert No. 2,655, May 7, 2014. Location: Room 2123, Rayburn Building.

RESCHEDULED FOR MAY 21. 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.

TIME AND LOCATION CHANGE. 10:00 AM. 11:15 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. Room S-216, Capitol 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". 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.

10:00 AM. The Federal Election Commission (FEC) will meet to consider two advisory opinions regarding application of the federal election campaign finance regulatory regime to Bitcoins. See, Draft A, Draft B and Draft C. 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 William Roberts (Copyright Office), Stanton Dodge (DISH Network), Marci Burdick (on behalf of the NAB), and Matthew Polka (American Cable Association). 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 Rep. Trent Franks (R-AZ), Peter Pry (Congressional EMP Commission), Michael Frankel (Penn State University), and Chris Beck (Electric Infrastructure Security Council). 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. The House will continue consideration of HR 4438 [LOC | WW], the "American Research and Competitiveness Act of 2014". See, Rep. Cantor's schedule.

The Senate will not meet.

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.

8:30 - 10:30 AM. The US Telecom will host an on site and webcast event titled "Voice Interconnection: Yesterday's Framework, Tomorrow's Service". The opening speakers will be Walter McCormick (USTelecom), Bennett Ross (Wiley Rein), and then Curtis Groves (Verizon). There will then be a panel discussion. The speakers will be Matthew Schwartz (Communications Daily), Hank Hultquist (AT&T), Karen Reidy (COMPTEL), and Glenn Richards (Pillsbury Winthrop). Free. Open to the public. A continental breakfast will be served. See, notice. Location: US Telecom, Suite 400, 607 14th St., NW.

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.

The Senate will meet at 2:00 PM.

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.

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Judicial Nominations". Webcast. See, notice. Location: Room 226, Dirksen Building.

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.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Economic Espionage and Trade Secret Theft: Are Our Laws Adequate for Today's Threats?". This hearing was previously scheduled for March 25, 2014. The witnesses will be __. See, notice. See also, S 2267 [LOC | WW], the "Defend Trade Secrets Act of 2014", and stories titled "Sen. Coons Introduces Bill to Create Federal Private Right of Action for Misappropriation of Trade Secrets" and "Summary of S 2267, the Defend Trade Secrets Act" in TLJ Daily E-Mail Alert No. 2,653, May 5, 2014. Location: Room 226, Dirksen Building.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding whether "whether additional guidance, clarification, or modification regarding the ``answered´´ and ``ring no answer´´ categories of call attempts described in Appendix C of the Rural Call Completion Order is necessary." The FCC adopted its Report and Order on October 28, 2013, and released it on November 8, 2013. It is FCC 13-135 in WC Docket No 13-39. See, FCC's April 21, 2014 Public Notice (DA 14-526), and notice in the Federal Register, Vol. 79, No. 87, May 6, 2014, at Pages 25682-25683.

TIME? The George Mason University law school's Law and Economics Center (LEC) will host a conference titled "The Future of Privacy and Data Security Regulation". See, notice. For more information, call Jeff Smith at jsmithq at gmu dot edu or 703-993-8382. Location: GMU law school, 3301 Fairfax Drive, Arlington, VA.

1:00 - 3:00 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Innovations in Elections: Making Voting Accessible for Everyone". See, notice. Location: National Press Club, 13th Floor, First Amendment Room, 529 14th St., NW.

2:00 - 3:00 PM. The Consumer Electronics Association (CEA) will host a webcast event titled "Quarterly Economic and Tech Industry Outlook". The speaker will be Shawn DuBravac. Prices vary. See, notice.

3:00 - 5:00 PM. The DC Bar Association will host a panel discussion titled "2014 International Trade Law & Policy Debate". The speakers will be Elizabeth Drake (Stewart and Stewart), Matthew McCullough (Curtis law firm), and Benjamin Caryl (Kelley Drye & Warren). The price to attend ranges from $5 to $10. No CLE credits. No webcast. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. See, notice. Location: U.S. International Trade Commission, Courtroom A, 500 E St., SW.

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

9:00 AM - 4:00 PM. The Department of Commerce's (DOC) National Oceanic and Atmospheric Administration's (NOAA) Advisory Committee on Commercial Remote Sensing, which advises the NOAA on the licensing of commercial remote sensing satellite systems, will meet. Open to the public. See, notice in the Federal Register Vol. 79, No. 72, April 15, 2014, at Pages 21212-21213. Location: DOC, Room 1412, 1401 Constitution Avenue, NW.

10:30 AM. The Federal Communications Commission (FCC) will host an event titled "Open Meeting". Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

12:30 - 6:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering. See, notice in the Federal Register, Vol. 79, No. 85, May 2, 2014, at Pages 25155-25156. Location: NSF, Suite 1235, 4201 Wilson Boulevard, Arlington, VA.

2:15 PM. The Senate Foreign Relations Committee (SFRC) will hold a hearing on nominees, including Nina Hachigian to be U.S. representative to the Association of Southeast Asian Nations (ASEAN). See, notice. Location: Room 419, Dirksen Building.

Deadline to submit to the Department of Homeland Security's (DHS) National Protection and Programs Directorate petitions for reconsideration of the DHS' classifications of critical infrastructure in which "a cybersecurity incident could reasonably result in catastrophic regional or national effects". This is part of the regulatory process created by the Obama administration, and Executive Order 13636, in particular. See, notice in the Federal Register, Vol. 79, No. 74, April 17, 2014, at Pages 21780-21782. See also, story titled "DHS Announces Petition for Review Process for Critical Infrastructure Classifications" in TLJ Daily E-Mail Alert No. 2,640, April 16, 2014.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-56 B Rev. 1 [132 pages in PDF] titled "Recommendation for Pair-Wise Key-Establishment Schemes Using Integer Factorization Cryptography".

Deadline to submit comments to the U.S. Coast Guard in response to its notice in the Federal Register (FR) that it intends to enter into a Cooperative Research and Development Agreement (CRADA) with General Dynamics "to develop, demonstrate, evaluate, and document viable technical approaches for securely forwarding maritime-related smart phone (voice image position and text) through Next Generation/Enhanced 9-1-1 (NG 911) into the Coast Guard Rescue21 System". (Parentheses in original.) See, FR, Vol. 79, No. 72, April 15, 2014, at Pages 21255-21256. This is Docket Number USCG-2014-0233.

Deadline to submit comments to the Department of Homeland Security's (DHS) Customs and Border Protection's (CBP) Advisory Committee on Commercial Operations of Customs and Border Protection in advance of its May 22, 2014 meeting in Miami, Florida. The CBP engages in several technology related activities, including enforcement of intellectual property rights (IPR) by seizing infringing goods, seizure of domain names, and warrantless searches of laptops, tablets, phones and other devices at entry points. The agenda for the meeting includes discussion of "the recommendations on the Intellectual Property Rights (IPR) Working Group's work to determine the feasibility of a Partnership Program for IPR" and "application of the Document Imaging System as a tool for IPR authentication". See, notice in the Federal Register, Vol. 79, No. 86, May 5, 2014, at Pages 25608-25609, and CBP notice.

8:30 AM - 2:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering. See, notice in the Federal Register, Vol. 79, No. 85, May 2, 2014, at Pages 25155-25156. Location: NSF, Suite 1235, 4201 Wilson Boulevard, Arlington, VA.

12:00 NOON. The Internet Caucus will host an event titled "The FCC Is Auctioning Off the Public’s Spectrum: How Will It Affect The Internet?". See, notice. Location: __.

Deadline to submit comments to the Copyright Office in response to its notice of inquiry that "announces the initiation of a study to evaluate the effectiveness of existing methods of licensing music". See, notice in the Federal Register, Vol. 79, No. 51, March 17, 2014, at Pages 14739-14743.

EXTENDED FROM MARCH 17. Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding mobile communications services aboard airborne aircraft. This item is FCC 13-157 in WT Docket No. 13-301. The FCC adopted it on December 12, 2013, and released it on December 13, 2013. See, notice in the Federal Register, Vol. 79, No. 51, March 17, 2014, at Pages 14634-14635, and Public Notice (DA 14-327), extending this deadline.

Deadline to submit reply 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.

Deadline to submit exhibitor applications for the U.S. Patent and Trademark Office (USPTO) event titled "2014 National Trademark Expo" to be held on October 17-18, 2014. See, notice.