5/8. The Department of Justice's (DOJ) Antitrust Division filed its Competitive Impact Statement (CIS) on May 8, 2014 with the U.S. District Court (NDCal) in U.S. v. Bazaarvoice. This CIS supports the DOJ's proposed final judgment (PFJ), filed on April 24.

This CIS is required by the Antitrust Procedures and Penalties, which is also known as the Tunney Act, and which is codified at 15 U.S.C. § 16.

Bazaarvoice acquired PowerReviews in July of 2012. It was not required to report this transaction under the Hart Scott Rodino Act. But, both companies provide online product ratings and reviews (R&R) platforms. The DOJ filed a civil complaint [21 pages in PDF] under Section 7 of the Clayton Act, which is codified at 15 U.S.C. § 18, to undo the merger. See, story titled "DOJ Sues Bazaarvoice to Force Divestiture of Recently Acquired PowerReviews" in TLJ Daily E-Mail Alert No. 2,507, January 14, 2013.

The District Court issued an opinion [redacted, 114 pages in PDF] on January 8, 2014, ruling in favor of the government on the issue of liability.

The DOJ's PFJ would require that Bazaarvoice (1) divest all the tangible and intangible assets it acquired as part of the PowerReviews acquisition, (2) license the right to sell Bazaarvoice’s syndication services to the acquirer’s customers, (3) remove trade secret restrictions on current and former Bazaarvoice employees who are hired by the acquirer, (4) license its patents related to R&R platforms to the acquirer, and (5) allow customers to switch from a Bazaarvoice R&R platform to one provided by the acquirer.

See also, story titled "DOJ's Overton Discusses US v. Bazaarvoice and Application of Clayton 7 to HSR Nonreportables" in TLJ Daily E-Mail Alert No. 2,647, April 25, 2014.

This case is U.S. v. Bazaarvoice, Inc., U.S. District Court for the Northern District of California, D.C. No. 3:13-cv-00133-WHO, Judge William Orrick presiding.

5/7. The U.S. District Court (EDNY) issued a Memorandum & Order [22 pages in PDF] in U.S. v. American Express, denying the defendants' motion for summary judgment because there are genuine issues of material fact.

The Department of Justice's (DOJ) Antitrust Division and numerous states filed a complaint [35 pages in PDF] in 2010 against American Express, MasterCard and Visa alleging violation of Section 1 of the Sherman Act, which is codified at 15 U.S.C. § 1, in connection with alleged restraints on competition at the point of sale.

The DOJ and MasterCard and Visa simultaneously settled. However, American Express fought on. See, story titled "DOJ and States Bring Antitrust Action Against Credit Card Companies" in TLJ Daily E-Mail Alert No. 2,139, October 5, 2010. The DOJ and states later filed an amended complaint.

The DOJ and states allege that American Express's anti-steering provisions violate Section 1 because they prevent merchants who accept their payment cards from steering customers to alternative card brands, such as Visa, MasterCard, or Discover, which in turn enables it to charge merchants higher prices for these services than it could in a competitive market.

American Express filed its motion or summary judgment last September. This order denies that motion. The case will proceed to trial. See also, the DOJ's opposition.

The District Court wrote that American Express's anti-steering rules are vertical agreements.

Moreover, the rule of reason applies to whether or not they violate Section 1. See, the Supreme Court's 2007 opinion in Leegin Creative Leather Products v. PSKS, 551 U.S. 877. See also, story titled "SCUS Holds That All Vertical Price Restraints Are Subject to Rule of Reason" in TLJ Daily E-Mail Alert No. 1,603, June 28, 2007.

The Court wrote that the "Defendants argue that Plaintiffs cannot meet their initial burden because Plaintiffs are required to prove market power in the relevant market, and they cannot do so due to Amex's low market share."

"However, the law of this Circuit is not so rigid. Market power is an alternative method by which a plaintiff may establish a Section 1 violation if unable to prove that the challenged conduct has an actual adverse effect on competition."

"Should Plaintiffs attempt to prove their case by showing market power, they also have more modes of proof available to them than simply relying on market share as a determinant. Because material facts related to the actual adverse effects of the anti-steering rules and to Defendants' market power remain in dispute, summary judgment is inappropriate."

The two defendants are American Express Company and American Express Travel Related Services Company, Inc. There are now 17 state plaintiffs.

This case is U.S., et al. v. American Express Co., et al., U.S. District Court for the Eastern District of New York, D.C. No. 10-DV-4496(NGG)(RER), Judge Nicholas Garaufis presiding.

5/7. The Securities and Exchange Commission (SEC) released a document titled "Investor Alert: Bitcoin and other Virtual Currency-Related Investments".

It states that "If you are thinking about investing in a Bitcoin-related opportunity, here are some things you should consider. Investments involving Bitcoin may have a heightened risk of fraud."

It adds that "Innovations and new technologies are often used by fraudsters to perpetrate fraudulent investment schemes. Fraudsters may entice investors by touting a Bitcoin investment “opportunity” as a way to get into this cutting-edge space, promising or guaranteeing high investment returns. Investors may find these investment pitches hard to resist."

It also states that "Bitcoin users may be targets for fraudulent or high-risk investment schemes. Both fraudsters and promoters of high-risk investment schemes may target Bitcoin users. The exchange rate of U.S. dollars to bitcoins has fluctuated dramatically since the first bitcoins were created. As the exchange rate of Bitcoin is significantly higher today, many early adopters of Bitcoin may have experienced an unexpected increase in wealth, making them attractive targets for fraudsters as well as promoters of high-risk investment opportunities.

Finally, it states that "Using Bitcoin may limit your recovery in the event of fraud or theft. If fraud or theft results in you or your investment losing bitcoins, you may have limited recovery options. Third-party wallet services, payment processors and Bitcoin exchanges that play important roles in the use of bitcoins may be unregulated or operating unlawfully.

Also, on March 11, 2014, the Financial Industry Regulatory Authority released a document titled "Bitcoin: More than a Bit Risky".

That document states that its purpose is "to caution investors that buying and using digital currency such as Bitcoin carry risks. Speculative trading in bitcoins carries significant risk. There is also the risk of fraud related to companies claiming to offer Bitcoin payment platforms and other Bitcoin-related products and services."

5/7. Rep. Steve Stockman (R-TX) introduced HR 4602 [LOC | WW], the "Virtual Currency Tax Reform Act", a bill to treat virtual currencies as foreign currency for tax purposes, and to impose a five year moratorium on capital gains taxation of virtual currencies. There are no cosponsors.

This bill is a response to the release of two documents by the Internal Revenue Service (IRS) on March 25, 2014, that state that virtual currencies, such as Bitcoin, are property, rather than currency, for tax purposes.

See, IRS document titled "IR-2014-36: IRS Virtual Currency Guidance: Virtual Currency Is Treated as Property for U.S. Federal Tax Purposes; General Rules for Property Transactions Apply", which references a second IRS document [6 pages in PDF] titled "Notice 2014-21".

See also, story titled "IRS States that Virtual Currencies are Property for Tax Purposes" in TLJ Daily E-Mail Alert No. 2,636, March 25, 2014.

Bill Summary. This bill states that "Congress finds that classifying virtual currencies as property subjects users to capital gains tax on any transaction using the virtual currency based on any gain or loss relative to the change in the virtual currency's value from the time of purchase."

It then provides that the IRS "shall treat virtual currencies as a foreign currency for Federal tax purposes".

It also provides that "For a period of five years following the date of the enactment of this Act, the Federal Government shall not impose, assess, collect, or attempt to collect capital gains tax on virtual currencies."

Finally, this bill states that "Nothing in this Act shall prevent, impair or impede the operation of any government agency, authority, or instrumentality, whether of the Federal Government or of any State or political subdivision thereof, to enforce currently existing criminal, civil, or taxation statutes and regulations."

The bill was referred to the House Ways and Means Committee (HWMC).

Rep. Stockman and HR 4602's Prospects for Enactment. Rep. Stockman represents a district that runs from Houston to Beaumont, Texas. The main industry in his district is oil and gas. He is a member of the House Foreign Affairs Committee (HFAC). Rep. Stockman also served in the House for one term two decades ago. In the 1994 election he unseated former Rep. Jack Brooks (D-TX), who was the Chairman of the House Judiciary Committee (HJC) at the time. Former Rep. Nick Lampson (D-TX) then defeated Rep. Stockman in the 1996 election.

Rep. Stockman is not a likely person to move a bill of this nature. First, the HWMC has jurisdiction over this bill. He is not a member of the HWMC.

Second, he is leaving the House at the end of the 113th Congress. This means not only that he will not be around to reintroduce this bill in the 114th Congress, but also that his colleagues now perceive him as a lame duck legislator.

Third, even if the House were to pass this bill, enactment would also require Senate passage. The committee with jurisdiction is the Senate Finance Committee (SFC). Sen. John Cornyn (R-TX) is a member. Rep. Stockman just challenged, and lost to, Sen. Cornyn in the Texas Republican Senate primary.

Rep. Stockman (at right) compelled Sen. Cornyn to expend much U.S. currency and political currency that he would have preferred to save for the general election in November.

Fourth, Rep. Stockman has no background in information technology, financial services, or taxation. And, he does not sit on any of the committees that engage in oversight and legislation in any of these areas. He lacks expertise.

Fifth, he is unlikely to get any support from the Obama administration. Not only is President Obama loath to work with House Republicans, but Rep. Stockman has proposed impeachment of President Obama.

Yet, even if this bill were sponsored by Representatives more suitable for the task, it would still be most difficult to enact.

Bitcoin and other virtual currencies have the potential to displace certain commercial financial transaction services. Or at least, they could diminish the revenues of the businesses that provide these services. As heavily regulated businesses, they have large and capable government relations and lobbying arms. Established incumbent financial services businesses, like many businesses in other regulated industry sectors, are skilled in the art of manipulating the actions of regulatory agencies and the Congress in ways that prejudice new technologies and start up companies that threaten their established revenue streams and ways of doing business.

These virtual currencies also have the potential to reduce the reach of regulatory agencies, and the data surveillance capabilities law enforcement and intelligence agencies. Hence, these government entities have incentives to undermine viability of virtual currencies.

In short, virtual currencies cannot reasonable expect assistance from the Congress or regulatory agencies. Rather, they should be watching their backs.

Monday, May 12

7:00 - 8:30 PM. The Brookings Institution (BI) will host a panel discussion of the book titled "Strategic Reassurance and Resolve: U.S.-China Relations in the Twenty-First Century". The speakers will be Michael O'Hanlon (author), Qi Ye (Brookings Tsinghua Center), Chu Shulong (Tsinghua University), and Jia Qingguo (Peking University). See, notice. Location: Brookings Tsinghua Center, Beijing, People's Republic of China.

Tuesday, May 13

Day one of a two day event hosted by the Association for Enterprise Information titled "CyberWest: The Southwest Cybersecurity Summit". At 8:15 AM Roberta Stempfley (acting Assistant Secretary of the DHS/NPPD's Office of Cybersecurity and Communications) will give a speech. At 10:30 AM Linda Medler (former Director of Capabilities and Resource Integration (J8) at the U.S. Cyber Command) will give a speech titled "US Cyber Command -- Does DoD Have a Role in Defending the Nation in Cyberspace?" At 1:30 PM there will be a panel titled "NIST Cybersecurity Framework and Workforce". At 3:30 PM there will be a panel titled "Legal and Economic Impact of Cybersecurity". See, event web site. Location: Phoenix Convention Center, Phoenix, Arizona.

1:30 - 6:30 PM. The University of Colorado law school's Silicon Flatirons Center will host an event titled "Copyright Policy and the Future of Television". There will be panels titled "Private v. Public Performance", "Copying and Fair Use", and "The Overall Business Context". Prices vary. See, notice. Location: University of Colorado Law School, Room 101, Wolf Law Building, 2450 Kittredge Loop, Boulder, Colorado.

Day one of a three day meeting hosted by the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 213, Enhanced Flight Vision Systems/Synthetic Vision Systems (EFVS/SVS). See, notice in the Federal Register, Vol. 79, No. 74, April 17, 2014, at Page 21833. Location: Airbus in France, Site de Saint Martin du Touch, 316 route de Bayonne, 31060 Toulouse Cedex 9.

Wednesday, May 14

Day two of a two day event hosted by the Association for Enterprise Information titled "CyberWest: The Southwest Cybersecurity Summit". At 10:30 AM, Douglas Maughan (Director Homeland Security Advanced Research Projects Agency's Cyber Security Division) will give a speech titled "Transition to Practice: Making R&D Payoff". At 1:00 PM and 2:30 PM there will be programs on the NIST's cyber security framework.See, event web site. Location: Phoenix Convention Center, Phoenix, Arizona.

Day one of a two day meeting of the Federal Bureau of Investigation's (FBI) National Crime Prevention and Privacy Compact Council. See, notice in the Federal Register, Vol. 79, No. 71, April 14, 2014, at Pages 20913-20914. Location: Renaissance Portsmouth Hotel and Waterfront Conference Center, 425 Water Street, Portsmouth, Virginia.

Day two of a three day meeting hosted by the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 213, Enhanced Flight Vision Systems/Synthetic Vision Systems (EFVS/SVS). See, notice in the Federal Register, Vol. 79, No. 74, April 17, 2014, at Page 21833. Location: Airbus in France, Site de Saint Martin du Touch, 316 route de Bayonne, 31060 Toulouse Cedex 9.

Thursday, May 15

Day one of a three day meeting of the American Intellectual Property Law Association's (AIPLA) event titled "2014 Spring Meeting". On Thursday morning,there will be three concurrent tracks: (1) Patent Litigation (with two panels titled "Navigating Through the Shoals in Parallel Patent-Related Proceedings in the PTO and in Litigation" and "The Developing Marketplace for IP Rights and Investing"), (2) Patent Prosecution (with two panels titled "Software and Business Method Claims Then and Now: Perspectives and Strategies for Surviving the Courts and Hurdling Through Examination" and "An Insider's Guide to Proceedings of the Patent Trial and Appeal Board under the AIA"), and (3) Trademark/Copyright (with two panels titled "The Basic Mark Requirement Under the Madrid System (AIPPI); Trademarks, Geographic Indicators and Traditional Knowledge in Current Trade/Treat Negotiations" and "Disruptive Technologies in the Digital Marketplace: Google Books, Aereo, and BitTorrent, and the Future of Online Copyright"). Also on Thursday morning, there will be a panel discussion titled "Disruptive Technologies in the Digital Marketplace: Google Books, Aereo, BitTorrent, and the Future of Online Copyright". The speakers will be Judge Denny Chin (U.S. Court of Appeals (2ndCir)) and Judge Michael Baylson (U.S. District Court (EDPenn)).The lunch speaker on Thursday will be Vermont Attorney General William Sorrell. On Thursday afternoon, there will be three concurrent tracks: (1) Trademark -- Protecting Cool -- Brand Reinforcement and Creation Using Utility Patents, Design Patents, Trademarks, Trade Dress and Copyrights, (2) Copyright Reform -- Important Copyright Changes on the Horizon and How They Will Impact the Practice, and (3) Licensing -- Standard Essential Patents -- What's it all about? Prices vary. News media registration is complimentary. CLE credits. See, event web site. Location: Philadelphia, Pennsylvania.

Day two of a two day meeting of the Federal Bureau of Investigation's (FBI) National Crime Prevention and Privacy Compact Council. See, notice in the Federal Register, Vol. 79, No. 71, April 14, 2014, at Pages 20913-20914. Location: Renaissance Portsmouth Hotel and Waterfront Conference Center, 425 Water Street, Portsmouth, Virginia.

Day three of a three day meeting hosted by the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 213, Enhanced Flight Vision Systems/Synthetic Vision Systems (EFVS/SVS). See, notice in the Federal Register, Vol. 79, No. 74, April 17, 2014, at Page 21833. Location: Airbus in France, Site de Saint Martin du Touch, 316 route de Bayonne, 31060 Toulouse Cedex 9.

Friday, May 16

Day two of a three day meeting of the American Intellectual Property Law Association's (AIPLA) event titled "2014 Spring Meeting". On Friday morning, there will be three concurrent tracks: (1) International (with two panels titled "The European Unitary Patent System, Global Dossier and PCT" and "Emerging Trends and Policies in Software and Business Method Patenting Around the World"), (2) Trade Secrets, and (3) Corporate -- Life Science (with two panels titled "A Deep Dive in Pharma Practice: Citizens' Petitions, Biosimilars and Second Meical Uses" and "Developing Issues for Corporate Life Science Patents"). The lunch speaker on Friday will be Rep. Tom Marino (R-PA), Vice Chairman of the House Judiciary Committee's (HJC) Subcommittee on Court, Intellectual Property and the Internet. On Friday afternoon, there will be three concurrent tracks: (1) What a Relief. How to Seek Monetary Awards, Injunctions, and/or Other Remedies -- Practical Tips (2) The Emerging World of gTLDS: How to Leverage and Protect Your Brands, and (3) Patent Assertions Entities -- Statistics. Prices vary. News media registration is complimentary. CLE credits. See, event web site. Location: Philadelphia, Pennsylvania.

Day one of a three day event hosted by the Federal Communications Bar Association (FCBA) titled "Annual Seminar". See, registration form and agenda. Location: Homestead Resort, Hot Springs, Virginia.

Saturday, May 17

Day three of a three day meeting of the American Intellectual Property Law Association's (AIPLA) event titled "2014 Spring Meeting". Prices vary. News media registration is complimentary. CLE credits. See, event web site. Location: Philadelphia, Pennsylvania.

The International Telecommunications Union (ITU) designates May 17 as "World Telecommunication and Information Society Day". See, notice.

Day two of a three day event hosted by the Federal Communications Bar Association (FCBA) titled "Annual Seminar". See, registration form and agenda. Location: Homestead Resort, Hot Springs, Virginia.

Day one of a five day event hosted by the University of Colorado law school's Silicon Flatirons Center titled "Institute for Regulatory Law and Economics Seminar". The price is $500. See, notice. Location: Aspen Meadows Resort, Aspen, Colorado.

Sunday, May 18

Day three of a three day event hosted by the Federal Communications Bar Association (FCBA) titled "Annual Seminar". See, registration form and agenda. Location: Homestead Resort, Hot Springs, Virginia.

Day two of a five day event hosted by the University of Colorado law school's Silicon Flatirons Center titled "Institute for Regulatory Law and Economics Seminar". The price is $500. See, notice. Location: Aspen Meadows Resort, Aspen, Colorado.

The House will not meet the week of May 12-16, except for pro forma sessions. See, House calendar.

The Senate will meet at 2:00 PM.

Day one of a three day event titled "2014 GovSec Conference and Expo". See, event web site. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

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.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "In-House Counsel Antitrust Update for March & April". Prices vary. No CLE credits. See, notice.

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.

The House will meet at 1:00 PM in pro forma session.

Day two of a three day event titled "2014 GovSec Conference and Expo". At 8:45 AM Thomas Donilon (previously National Security Advisor to President Obama) will give a speech titled "America's Foreign, Defense & Cyber Policy: An Insider’s Perspective". At 11:30 AM, there will be a presentation titled "Cyber Supply Chain Risk". At 1:30 PM, there will be a panel titled "Privacy vs National Security: How Snowden Changed the Debate -- Patriot or Traitor?". At 2:45 PM, there will be a presentation titled "The Rise of Critical Infrastructure Attacks: Understanding the Privileged Connection". See, event web site. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

9:00 - 11:00 AM. The Brookings Institution (BI) will host a panel discussion titled "Hacking America's Health". See, notice. Location: BI, 1775 Massachusetts Ave., NW.

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing on two nominees for the Court of Appeals, and five nominees for District Courts. The nominees are Julie Carnes (USCA/11thCir), Jill Pryor (USCA/11thCir), Leslie Abrams (USDC/MDGa), Michael Boggs (USDC/NDGa), Mark Cohen (USDC/NDGa), Leigh May (USDC/NDGa), and Eleanor Ross (USDC/NDGa). 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.

8:00 AM - 5:00 PM. 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". FTC Commissioner Maureen Ohlhausen will be the keynote speaker. 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.

>Day three of a three day event titled "2014 GovSec Conference and Expo". At 10:30 AM, there will be a panel titled "Managing Cyber Risk Factors: Defensive Strategies for Protecting Critical Infrastructure". See, event web site. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

10:00 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Defense will hold a hearing titled "Defense Research and Innovation". See, notice. Location: Room 192, Dirksen Building.

12:15 - 1:30 PM. The DC Bar Association's Media Law Committee will host a lunch meeting to discuss issues that affect journalists, including libel suits, subpoenas to obtain sources, content regulation, freedom of information requests, and access to courts and other public places. Free. Bring your own lunch. No CLE credits. See, notice. Location: Washington Post, 1150 15th St., NW.

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.

1:00 - 2:30 PM ET. The American Bar Association (ABA) will host a webcast panel discussion titled "Should I Tweet About That? Ethics, Advertising, and the Internet after ABA Ethics Opinion 465". The speakers will be Jennifer Ellis, Ellen Pansky, Peter Joy, and Dennis Rendleman. Prices vary. CLE credits. See, notice.

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.

2:30 - 4:00 PM. The Brookings Institution (BI) will host an event titled "High-Speed Train Technology: A New Frontier in U.S.-Japan Relations?". The speakers will be Kenichiro Sasae (Ambassador of Japan), Mireya Solís (BI), and Edward Rendell (BI). See, notice. Location: BI, 1775 Massachusetts Ave., NW.

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.

8:45 AM - 3:15 PM. The U.S. China Economic and Security Review Commission will host an event titled "Stability in China: Lessons from Tiananman and Implications for the United States". There will be panels titled "Tiananmen and Contemporary Economic, Political, and Social Challenges in China", "Expression of Dissent in China Today", and "Freedom of Expression and Media Control: Implications for the United States". Free. Open to the public. Webcast. See, notice. Location: Room 608, Dirksen Building.

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.

9:30 AM. The Senate Homeland Security and Governmental Affairs Committee's (SHSGAC) Subcommittee on Investigations will hold a hearing titled "Online Advertising and Hidden Hazards to Consumer Security and Data Privacy". The witnesses will be __. See, notice. Location: Room 342, Dirksen Building.

10:30 AM. The Federal Communications Commission (FCC) will host an event titled "Open Meeting". See, agenda and story titled "FCC Announces Tentative Agenda for May 15 Meeting" in TLJ Daily E-Mail Alert No. 2,646, April 24, 2014. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

12:00 NOON - 1:30 PM ET. The American Bar Association (ABA) will host a webcast panel discussion titled "The Current State of Mobile Health: Legal and Regulatory Issues". The speakers will be Paul DeMuro, Rene Quashie, Carolyn Petersen, and Lee Kim. Prices vary. CLE credits. See, notice.

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.

1:00 - 2:30 PM. The Brookings Institution (BI) will host an event titled "TTIP in Light of Turkish Trade Policy and Economic Relations with the United States". The main speaker will be Nihat Zeybekci (Turkey's Minister of Economy). See, notice. Location: BI, 1775 Massachusetts Ave., NW.

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.

12:00 NOON - 2:00 PM. The Tech Freedom will host an event titled "IP Transition Luncheon Briefing". The speakers will be ___. Free. Open to the public. Lunch will be served starting at 11:30 AM. Location: United Methodist Building, Rooms 1 & 2, 100 Maryland Ave., NE.

2:00 - 2:30 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. See, notice in the Federal Register, Vol. 79, No. 78, April 23, 2014, at Page 22672. Location: FCC, Room TW-C438/468, 445 12th St., SW.

3:00 - 4:00 PM. The Office of the U.S. Trade Representative's (OUSTR) Industry Trade Advisory Committee on Small and Minority Business will hold a partially closed meeting. See, notice in the Federal Register, Vol. 79, No. 87, May 6, 2014, at Pages 25982-25983. Location: Suite M800, Training Room C, Ronald Reagan International Trade Center, 1300 Pennsylvania Ave., NW.

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.