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Monday, June 2, 2014, Alert No. 2,665.
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Swenson Replaces Ginn as FirstNet Chairman

5/28. Secretary of Commerce Penny Pritzker appointed Sue Swenson to be Chairman of the Board of the First Responder Network Authority, which is also called FirstNet. See, Department of Commerce (DOC) release.

She replaces Sam Ginn. who will remain a Board member for the remainder of his term, which ends in August.

The 112th Congress enacted HR 3630 [LOC | WW], the "Middle Class Tax Relief and Job Creation Act" in February in 2012. It is Public Law No. 112-96. This bill, among other things, gave the Federal Communications Commission (FCC) authority to conduct incentive auctions. It also provided for use of some of the auction proceeds to build a public safety network. It also provided for the creation of the FirstNet at the DOC's National Telecommunications and Information Administration (NTIA).

The first set of Directors, which included Swenson, was appointed in August of 2012. See, story titled "12 Appointed to FirstNet Board" in TLJ Daily E-Mail Alert No. 2,432, August 20, 2012.

Swenson has been Vice Chairman for five months. See, December 18, 2013 NTIA release.

Before her appointment to the FirstNet Board she had worked as a senior executive for numerous wireless and software companies, including PacTel, Leap Wireless, Cellular One, T-Mobile, Sage North America, New Motion/Atrinsic, and Amp’d Mobile.

Rep. Henry Waxman (D-CA), the ranking Democrat on the House Commerce Committee (HCC), praised Swenson and Ginn in a release.

Federal Election Commission (FEC) records disclose that Swenson has given more money to Republicans than Democrats. She has also given to the T-Mobile USA Political Action Committee.

The FirstNet Board is meeting in Westminster, Colorado on June 2-3, 2014. See, notice in the Federal Register, Vol. 79, No. 98, May 21, 2014, at Page 29172.

DOJ and States File Brief in Apple's Appeal in E-Books Antitrust Case

5/27. The Department of Justice's (DOJ) Antitrust Division and state plaintiffs/appellees filed their joint merits brief with the U.S. Court of Appeals (2ndCir) in U.S. v. Apple, the e-books antitrust case, urging affirmance of the District Court's judgment against Apple.

DOJ Brief. The DOJ states in this brief that "In late 2009 and early 2010, Apple orchestrated and participated in a conspiracy with five major book publishers1 to take control of retail pricing for electronic books (ebooks) and to raise prices to agreed-upon levels. The conspiracy was successful: retail ebook prices for the vast majority of the Publisher-Defendants’ new releases and bestsellers rose from $9.99 to $12.99 or $14.99. Consumers paid almost 20% more, on average, for all of the Publisher-Defendants' ebooks."

The DOJ argues the facts presented at trial proved that Apple and the five book publishers conspired to fix e-book prices, and that this is a per se violation of Section 1 of the Sherman Act.

"Apple, led by its highest-level executives, orchestrated and participated in a conspiracy among ebook publishers to eliminate retail price competition and to fix and raise ebook retail prices. Apple acted with a ``blatant and aggressive disregard´´ for the law, ... and the self-serving denials of its executives were not credible."

"On appeal, Apple disregards both the law and the facts and never fully confronts the district court’s amply supported and well-reasoned decision finding it liable for per se illegal horizontal price fixing." The DOJ continued, "Instead, Apple first attacks a finding the court never made -- that Apple joined a pre-existing conspiracy."

"Next, it pretends that the district court condemned a series of vertical distribution agreements. The court was clear, though; even if the agency agreements were not unlawful on their own, it was unlawful for Apple to conspire with the Publisher-Defendants to raise ebook prices through the terms of the agency agreements."

"Finally", the DOJ brief states, "Apple invents a new higher burden for antitrust plaintiffs when a defendant acts in its own interest. But compelling direct and circumstantial evidence established that Apple and the Publisher-Defendants colluded to raise ebook prices precisely because it was in all of their interests to do so."

Background. The DOJ filed its complaint on April 11, 2012 alleging that Apple and the five publishers violated Section 1 of the Sherman Act, 15 U.S.C. § 1, by conspiring to increase the prices that consumers pay for e-books. Three publishers (Hachette, HarperCollins, and Simon & Schuster) settled with the DOJ in April, while Apple and two other publishers (Pearson/Penguin and Holtzbrinck/Macmillan) continued to contest the action.

See, "DOJ Sues Apple and Book Publishers Alleging E-Book Price Collusion", "Analysis of DOJ's Sherman Act Claim Against Apple and E-Book Publishers", and related stories in TLJ Daily E-Mail Alert No. 2,368, April 11, 2012.

Apple opposed the DOJ's settlement with Hachette, HarperCollins, and Simon & Schuster in the District Court. However, the District Court approved that settlement. See, stories titled "Update on DOJ v. Apple eBooks Case" in TLJ Daily E-Mail Alert No. 2,437, August 25, 2012, and "District Court Approves Settlement in Apple E-Books Case" in TLJ Daily E-Mail Alert No. 2,442, September 6, 2012.

Penguin settled with the DOJ in December of 2012. See, stories titled "DOJ Settles With Penquin in E-Books Antitrust Action" in TLJ Daily E-Mail Alert No. 2,494, December 19, 2012, and "DOJ Publishes Second Tunney Act Notice in Apple E-Books Antitrust Case" in TLJ Daily E-Mail Alert No. 2,500, December 31, 2012.

Holtzbrinck/Macmillan settled in February of 2013. See, story titled "Holtzbrinck/Macmillan Settles with DOJ in Apple E-Books Antitrust Action" in TLJ Daily E-Mail Alert No. 2,522, February 8, 2013.

Only Apple persisted to trial. On July 10, 2013, after a three week bench trial, the District Court released its Opinion and Order [160 pages in PDF], finding that Apple conspired to raise e-book prices in violation of Section 1 of the Sherman Act. However, that order did not address remedies. See, story titled "District Court Finds that Apple Conspired to Raise E-Book Prices" in TLJ Daily E-Mail Alert No. 2,583, July 10, 2013.

On September 6, 2013, the District Court issued its final judgment and permanent injunction [17 pages in PDF], and "District Court Issues Final Judgment in Apple E-Books Antitrust Case" in TLJ Daily E-Mail Alert No. 2,597, September 9, 2013.

Numerous states filed a parallel action. The cases are consolidated.

Apple filed an appeal with the U.S. Court of Appeals (2ndCir) in October.

This case is is U.S., et al. v. Apple, Inc., et al., U.S. Court of Appeals for the 2nd Circuit, App. Ct. No. 13-3741, an appeal from U.S. District Court (SDNY), D.C. No. 1:12-cv-02826-DLC, Judge Denise Cote presiding.

NYT Reports NSA Obtains Images From Intercepts of E-Mail and Teleconferences

5/31. The New York Times published a story by James Risen and Laura Poitras titled "N.S.A. Collecting Millions of Faces From Web Images". This story, citing "top-secret documents" and "2011 documents" obtained from Edward Snowden as its sources, states that the National Security Agency (NSA) "is harvesting huge numbers of images of people from communications that it intercepts through its global surveillance operations for use in sophisticated facial recognition programs".

It adds that the NSA "intercepts video teleconferences to obtain facial imagery, gathers airline passenger data and collects photographs from national identity card databases created by foreign countries", and that its "program called Wellspring ... strips out images from emails and other communications, and displays those that might contain passport images".

The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will host a meeting as part of its multistakeholder process regarding the commercial use of facial recognition technology on Tuesday, June 3, 2014, at 1:00 PM, at the American Institute of Architects, 1735 New York Ave., NW.

NIST Computer Security Division News

5/29. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its second draft of NIST IR 7924 [94 pages in PDF] titled "Reference Certificate Policy". The deadline to submit comments is August 1, 2014.

5/28. The National Institute of Standards and Technology (NIST) Computer Security Division (CSD) released its draft FIPS 202 [35 pages in PDF], titled "SHA-3 Standard: Permutation-Based Hash and Extendable-Output Functions" and its proposed revision of the Applicability Clause of the Announcement Section of FIPS 180-4 [34 pages in PDF], titled "Secure Hash Standard". (The hyperlinks in the CSD web site and in the CSD's notice in the Federal Register do not lead to these proposed revisions.) The deadline to submit comments is August 26, 2014. See, notice in the Federal Register, Vol. 79, No. 102, May 28, 2014, at Pages 30549-30550. See also, NIST release.

5/19. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its revised draft SP 800-78-4 [24 pages in PDF] titled "Cryptographic Algorithms and Key Sizes for Personal Identity Verification". The deadline to submit comments is 5:00 PM on June 16, 2014.

5/19. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-73-4 titled "Interfaces for Personal Identity Verification". See, Part 1 [64 pages in PDF] titled "PIV Card Application Namespace, Data Model and Representation", Part 2 [61 pages in PDF] titled "PIV Card Application Card Command Interface", and Part 3 [22 pages in PDF] titled "PIV Client Application Programming Interface". The deadline to submit comments is 5:00 PM on June 16, 2014.

5/14. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-82 Rev. 2 [255 pages in PDF] titled "Guide to Industrial Control Systems (ICS) Security". The deadline to submit comments is July 18, 2014.

5/12. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-160 [121 pages in PDF] titled "Systems Security Engineering: An Integrated Approach to Building Trustworthy Resilient Systems". The deadline to submit comments is July 11, 2014.

5/19. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-57 Part 3 Rev. 1 [97 pages in PDF] titled "Recommendation for Key Management: Part 3 -- Application-Specific Key Management Guidance". The deadline to submit comments is July 5, 2014.

More News

6/2. The Federal Communications Commission (FCC) published a notice in the Federal Register (FR) that sets deadlines for submitting comments to the FCC in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding wireless broadband services in the 3550-3650 MHz band. The FCC adopted and released this item on April 23, 2014. It is FCC 14-49 in 12-354. See, FR, Vol. 79, No. 105, June 2, 2014, at Pages 31247-31282. See also, story titled "FCC Adopts NPRM Regarding 3550-3650 MHz Band" in TLJ Daily E-Mail Alert No. 2,645, April 23, 2014. The deadline to submit initial comments July 14, 2014. The deadline to submit reply comments is August 1, 2014.

5/30. The Government Accountability Office (GAO) released its report [55 pages in PDF] titled "Information Security: Agencies Need to Improve Cyber Incident Response Practices". This report, which was prepared for the Senate Homeland Security and Governmental Affairs Committee, states that "Based on our statistical sample of cyber incidents reported in fiscal year 2012, we estimate that the 24 agencies did not effectively or consistently demonstrate actions taken in response to a detected incident in about 65 percent of reported incidents. Agencies frequently documented their incident response actions for containing and eradicating incidents, but did not consistently demonstrate how they had handled incident response activities for the analysis, recovery, and post-incident phases. Further, although the 6 selected agencies we reviewed had developed policies, plans, and procedures to guide their incident response activities, such efforts were not comprehensive or consistent with federal requirements."

5/29. The Board of Governors of the Federal Reserve System published a notice in the Federal Register (FR) that announces, describes, recites, and sets the effective date (June 30, 2014) for, its changes to its Regulation V, regarding identity theft red flags. See, FR, Vol. 79, No. 103, May 29, 2014, at Pages 30709-30711.

5/29. The Board of Governors of the Federal Reserve System published a notice in the Federal Register (FR) that announces the it has repealed its Regulation P (codified at 12 CFR part 216), effective June 30, 2014. It promulgated this rule pursuant to Subtitle A of Title V of the 1999 Gramm Leach Bliley Act (codified at 15 U.S.C. §§ 6801-6809), which limited the circumstances in which a financial institution can disclose nonpublic personal information about a consumer to nonaffiliated third parties and requires financial institutions to provide certain privacy notices to their customers who are consumers. Title X of the 2010 Dodd Frank Act transferred this rule making authority to the Bureau of Consumer Financial Protection. See, FR, Vol. 79, No. 103, May 29, 2014, at Pages 30708-30709.

5/22. The Government Accountability Office (GAO) released its report [129 pages in PDF] titled "Federal Software Licenses: Better Management Needed to Achieve Significant Savings Government-Wide".

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In This Issue
This issue contains the following items:
 • Swenson Replaces Ginn as FirstNet Chairman
 • DOJ and States File Brief in Apple's Appeal in E-Books Antitrust Case
 • NYT Reports NSA Obtains Images From Intercepts of E-Mail and Teleconferences
 • NIST Computer Security Division News
 • More News
Washington Tech Calendar
New items are highlighted in red.
Monday, June 2

The House will not meet the week of June 2-6, except for pro forma sessions. See, House calendar.

The Senate will return from is Memorial Day recess at 2:00 PM.

9:30 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property and the Internet will hold a hearing titled "First Sale Under Title 17". The witnesses will be Stephen Smith (P/CEO of John Wiley & Sons), John Ossenmacher (CEO of ReDigi), Ed Shems, Jonathan Band (Owner’s Rights Initiative), Matthew Glotzer, Greg Cram (New York Public Library), Sherwin Siy (Public Knowledge), John Villasenor (UCLA), and Emery Simon (BSA Software Alliance).  See, notice. This hearing is in New York City. There will be no live webcast. The HJC will publish a video of the hearing after its completion.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Facebook. v. Pragmatus, App. Ct. Nos. 13-1350 and 13-1351. Panel B+. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Lochner Technologies v. VIZIO, App. Ct. No. 13-1551. Panel B. Location: Courtroom 201, 717 Madison Place, NW.

10:30 AM - 12:00 NOON. The Brookings Institution (BI) will host a panel discussion titled "Democratizing and Globalizing U.S.-Korea Relations". The speakers will be Neung Koo Kim (President of SK USA, Inc.), Hyun-seok Yu (President of The Korea Foundation), Strobe Talbot (BI), Richard Bush (BI) and Katharine Moon (BI). See, notice. Location: BI, 1775 Massachusetts Ave., NW.

6:30 PM. The Electronic Privacy Information Center (EPIC) will host an event titled "Champions of Freedom 2014 Awards Dinner". The EPIC will honor Rep. Justin Amash (R-MI), The Guardian, Edward Snowden, and Anita Allen. See, notice. Location: The Fairfax at Embassy Row, 2100 Massachusetts Ave., NW.

EXTENDED FROM APRIL 1. Deadline to submit nominations to the U.S. Patent and Trademark Office (USPTO) for award of the National Medal of Technology and Innovation. See, original notice in the Federal Register, Vol. 78, No. 249, December 27, 2013, at Pages 78838-78839, and January 4, 2014 release. See, also extension notice in the FR, Vol. 79, No. 53, March 19, 2014, at Page 15321.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding regulation of maritime radio equipment and radar, and allowing on shore use of portable marine Very High Frequency (VHF) transmitters. The FCC adopted this NPRM on February 27, 2014, and released it on February 28. It is FCC 14-20 in WT Docket No. 14-36. See, notice in the Federal Register, Vol. 79, No. 62, April 1, 2014, at Pages 18249-18256.

The deadline for prospective participants to submit to the Federal Trade Commission (FTC) an abstract or completed paper for its event titled "Seventh Annual Federal Trade Commission Microeconomics Conference" to be held on October 16-17, 2014. The FTC states that "Relevant fields include industrial organization, antitrust, game theory, quantitative marketing, consumer behavior, law and economics, healthcare economics, applied econometrics, and behavioral or experimental economics. Topics of interest include ... vertical contracting, advertising, and merger policy" and "innovation, privacy, intellectual property, bargaining, collusion, e-commerce, demand estimation, ... machine learning, appropriate statistical standards for inference, and consumer decision-making". See, call for papers and event web site.

EXTENDED TO JUNE 30. Deadline to submit initial comments to the Copyright Royalty Judges (CRJ) in response to their notice in the Federal Register (FR) that requests comments on proposed rules regarding "filing notice of use and the delivery of records of use of sound recordings under two statutory licenses of the Copyright Act". This pertains to "reports of use of sound recordings for the statutory licenses set forth in sections 112 and 114 of the Copyright Act". See, story titled "CRJs Propose Record Keeping Requirements for Webcasters" in TLJ Daily E-Mail Alert No. 2,655, May 7, 2014. See, notice of extension.

Tuesday, June 3

Day one of a two day event titled "Biometrics Systems and Technologies". See, event web site. Location: Holiday Inn Rosslyn, 1900 N Fort Myer Dr., Arlington, VA.

8:00 - 9:30 AM. There will be an event titled "Big Data's Coming Role in Cybersecurity". The speakers will include Bobbie Stempfley (DHS/NPPD/CSC). See, notice. Location: Ronald Reagan Building Rotunda, 1300 Pennsylvania Ave., NW.

9:00 AM - 6:00 PM. The Bloomberg Government will host an event titled "Cybersecurity: Getting to Business". Admiral Mike Rogers (Commander of the U.S. Cyber Command, Director of the National Security Agency, and Chief of Central Security) will speak at 9:05 AM. Robert Mueller (former FBI Director) will speak at 10:25 AM. Sen. Saxbe Chambliss (R-GA) will speak at 12:45 PM. John Carlin (Assistant Attorney General in charge of the DOJ's National Security Division) will speak at 3:45 PM. Alejandro Mayorkas (Deputy Secretary of Homeland Security) will speak at 4:20 PM. See, notice. Location: Ronald Reagan Building, Pavilion Room, 1300 Pennsylvania Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in 01 Communique Laboratory v. Logmein, Inc., App. Ct. No. 13-1479. Panel G. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Home Gambling Network v. Piche, App. Ct. No. 14-1053. Panel G. Location: Courtroom 203, 717 Madison Place, NW.

11:00 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Commerce, Justice, Science and Related Agencies will meet to mark up a Commerce, Justice, Science and Related Agencies appropriations bill. See, notice. Location: Room 192, Dirksen Building.

1:00 - 5:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will host one of its series of meetings regarding privacy and facial recognition technology. See, notice in the Federal Register, Vol. 78, No. 235, December 6, 2013, at Pages 73502-73503. Location: American Institute of Architects, 1735 New York Ave., NW.

1:00 - 2:30 PM ET. The American Bar Association (ABA) will host a webcast panel discussion titled "Yourbrandsucks.com: A Primer on Gripe Sites and How to Deal with Them". Prices vary. CLE credits. See, notice.

1:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "18th Annual Foundation Golf Tournament". For more information, contact Glenn Reynolds at greynolds at ustelecom dot org. Location: Westfields Golf Club, 13940 Balmoral Greens Avenue, Clifton, VA.

2:00 - 3:30 PM. The American Enterprise Institute (AEI) will host an event titled "25 Years after Tiananmen: A Discussion with Chen Guangcheng". Free. Open to the public. Webcast. See, notice. Location: AEI, 12th Floor, 1150 17th St., NW.

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

Wednesday, June 4

Day two of a two day event titled "Biometrics Systems and Technologies". See, event web site. Location: Holiday Inn Rosslyn, 1900 N Fort Myer Dr., Arlington, VA.

8:30 AM - 5:40 PM. Day one of a two day event hosted by the Patient Privacy Rights titled "Fourth Annual International Summit on the Future of Health Privacy". See, notice. Location: Hart Auditorium, McDonough Hall, Georgetown Law Center, 600 New Jersey Ave., NW.

9:30 - 11:30 AM. The Heritage Foundation (HF) will host an event titled "Taiwan's Economic Place in the Pacific". The speakers will be Dale Wen-chieh Jieh (Ministry of Foreign Affairs, Taiwan), Kwei-Bo Huang (Association of Foreign Relations, Taiwan), Jeff Chien-Fu Lin (National Taiwan University), Vincent Wang (University of Richmond), Scott Miller (Center for Strategic and International Studies), Tami Overby (U.S. Chamber of Commerce), and Walter Lohman (HF). Free. Open to the public. Webcast. See, notice. Location: HF, 214 Massachusetts Ave., NE.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Industrial Technology Research v. ITC, App. Ct. No. 13-1480. Panel I. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in JVC Kenwood v. Nero, App. Ct. No. 14-1011. This is an appeal from the U.S. District Court (CDCal) in a patent infringement case involving method claim exhaustion. Panel J. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The Brookings Institution (BI) will host an event titled "Innovation, Internet Governance and Freedom of Expression around the World". The speaker will be Gary Shapiro, head of the Consumer Electronics Association (CEA). Webcast. See, notice. Location: BI, 1775 Massachusetts Ave., NW.

10:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing on four pending judicial nominees: Geoffrey Crawford (USDC/DVer), and Nancy Firestone, Lydia Griggsby, and Thomas Halkowski (all three U.S. Court of Federal Claims). Webcast. See, notice. Location: Room 226, Dirksen Building.

1:00 - 3:00 PM. The Brookings Institution (BI) will host a pair of panel discussions titled "International Implications of the National Security Agency Leaks". Webcast. See, notice. Location: BI, 1775 Massachusetts Ave., NW.

2:30 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Privacy, Technology and the Law will hold a hearing titled "The Location Privacy Protection Act of 2014". Sen. Al Franken (D-MN) will preside. He introduced this bill, S 2171 [LOC | WW], on March 27, 2014. The witnesses will be Bea Hanson (DOJ Office on Violence Against Women), Jessica Rich (Director of the FTC's Bureau of Consumer Protection), Mark Goldstein (Government Accountability Office), Brian Hill (Anoka County Sheriff’s Office, Minnesota), Lou Mastria (Digital Advertising Association), Sally Greenberg (National Consumers League), Robert Atkinson (Information Technology and Innovation Foundation), and Cindy Southworth (National Network to End Domestic Violence). See, notice. Location: Room 226, Dirksen Building.

Thursday, June 5

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

8:30 AM - 2:15 PM. The U.S. China Economic and Security Review Commission will hold a hearing titled "Recent Developments in China’s Relations with Taiwan and North Korea". Free. Open to the public. No webcast. See, notice. Location: Room 608, Dirksen Building.

8:30 AM - 1:30 PM. Day two of a two day event hosted by the Patient Privacy Rights titled "Fourth Annual International Summit on the Future of Health Privacy". See, notice. Location: Hart Auditorium, McDonough Hall, Georgetown Law Center, 600 New Jersey Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Rotatable Technologies v. Motorola Mobility, App. Ct. No. 14-1042. Panel M. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ericsson v. D-Link Systems, App. Ct. No. 13-1625. Panel M. Location: Courtroom 203, 717 Madison Place, NW.

10:30 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Preserving Public Safety and Network Reliability in the IP Transition". The witnesses will be Colette Honorable (National Association of Regulatory Utility Commissioners), Jonathan Banks (US Telecom), Jodi Griffin (Public Knowledge), Gigi Smith (APCO International), and Henning Schulzrinne (FCC). Location: Room 253, Russell Building.

10:30 AM. The Senate Appropriations Committee (SAC) will meet to mark up a Commerce, Justice, Science and Related Agencies appropriations bill. See, notice. Location: Room 106, Dirksen Building.

12:00 NOON. The Cato Institute will host a discussion of the book titled "Is Administrative Law Unlawful?". The speakers will be Philip Hamburger (author), Judge Stephen Williams (USCA/DCCir), and Roger Pilon (Cato). Free. Open to the public. No CLE credits. Webcast. Lunch will be served after the program. See, notice. Location: Cato, 1000 Massachusetts Ave., NW.

1:00 PM. The US Telecom and Industrial Internet Consortium (IIC) will host a seminar titled "Getting down to the business of IoT in Telecom". The speakers will be Mobeen Khan (AT&T) and Lynne Canavan (IIC). Free. Webcast. See, notice.

2:00 - 3:30 PM. The Brookings Institution (BI) will host a panel discussion titled "The Future of U.S. Surveillance Authorities". The speakers will be Jameel Jaffer (ACLU), Julian Sanchez (Cato Institute), Chris Inglis (former Deputy Director of the NSA), Carrie Cordero (Georgetown University law school), and Benjamin Wittes (BI). Webcast. See, notice. Location: BI, 1775 Massachusetts Ave., NW.

2:00 - 4:00 PM. The National Science Foundation's (NSF) Networking and Information Technology Research and Development(NITRD) Program's Middleware and Grid Interagency Cooridination (MAGIC) Team meets the first Wednesday of each month. See, notice in the Federal Register, Vol. 78, No. 226, November 22, 2013, at Page 70076. Location: NSF, 4201 Wilson Boulevard, Arlington, VA.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a hearing titled "Foreign Intelligence Surveillance Act Reforms". The witnesses will be __. See, notice. Location: Room G50, Dirksen Building.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Transactional Committee will host an event titled "Recent Developments in the Regulation of Cooperation among Broadcasters and its Impact on TV M&A". The speakers will be __. CLE credits. No webcast. Prices vary. The deadline for registrations and cancellations is 5:00 PM on __. See, notice. Location: __.

Friday, June 6

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in ScriptPro v. Innovation Associates, App. Ct. No. 13-1561. Panel N. Location: Courtroom 201, 717 Madison Place, NW.

Monday, June 9

9:30 - 11:30 AM. The Brookings Institution (BI) will host a panel discussion titled "The Rise of Innovation Districts: A New Geography of Innovation in America". See, notice. Location: BI, 1775 Massachusetts Ave., NW.

12:15 - 1:45 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Ethical Issues Surrounding Post-Hill Hiring". The speakers will be __. Bring your own lunch. No webcast. Free. Location: __.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "The Future of U.S. Telecom Overseas: Trade Agreement Negotiations and the Digital Economy". The speakers will be Robb Tanner (OUSTR Director for Telecommunications and E-Commerce), Timothy Brightbill (Wiley Rein), Eric Holloway (Telecommunications Industry Association), Eric Loeb (AT&T), Lisa Pearlman (International Trade Counsel, Senate Finance Committee Democratic staff), Jennifer Manner (Echostar), Fiona Alexander (NTIA), Walda Roseman (Internet Society), and David Weller (Google). The deadline for registrations and cancellations is 5:00 PM on June 4. CLE credits. No webcast. Prices vary. See, notice. Location: Squire Sanders, 1200 19th St., NW.

EXTENDED TO JULY 24. Deadline to submit reply 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 comments to the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) in response to its proposed rules changes regarding the support documents submitted for license applications under the BIS's Export Administration Regulations (EAR) and the BIS's role in issuing documents for the Import Certificate and Delivery Verification system. See, notice in the Federal Register, Vol. 79, No. 68, April 9, 2014, at Pages 19552-19564.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding bidding procedures for Auction 97, the AWS-3 auction of 1,614 licenses in 65 megahertz in the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands. The FCC released this PN on May 19, 2014. It is DA 14-669 in AU Docket No. 14-78. See, notice in the Federal Register, Vol. 79, No. 105, June 2, 2014, at Pages 31327-31335, and the FCC's March 31, 2014 Report and Order (FCC 14-31 in GN Docket No. 13-185).