7/29. The House passed HR 3696 [LOC | WW], the "National Cybersecurity and Critical Infrastructure Protection Act", without amendment, by voice vote, after a short debate, on July 28, 2014. The Senate has not yet passed this bill.

This bill would amend the Homeland Security Act of 2002, which created the Department of Homeland Security (DHS), to further specify the DHS's cyber security related activities and operations.

This bill would, among other things, create a National Cybersecurity and Communications Integration Center at the DHS. It would also provide that the DHS shall engage in information sharing with the private sector.

The bill states that the DHS, "in collaboration with the heads of other appropriate Federal Government entities, shall conduct activities for cybersecurity purposes, including the provision of shared situational awareness to each other to enable real-time, integrated, and operational actions to protect from, prevent, mitigate, respond to, and recover from cyber incidents".

On the other hand, the bill would do nothing to remove any of the existing disincentives for private companies to disclose information to the federal government, such as fear of litigation arising out of their monitoring for cyber threats, or for disclosing cyber threat information to the government.

Also, this bill would impose no new mandates on businesses or people outside of the DHS. Finally, this bill contains no new grants of rulemaking or adjudicatory powers to the DHS.

Also, the bill contains no new authorization of appropriations to fund any of these activities.

While a bill might create a public private integration center, and direct the DHS to receive and disseminate information to the private sector, many private companies may decide not to actively participate. Hence, this bill, if enacted, might have little if any consequence.

This bill is to be contrasted with other bills directed at information sharing that would remove disincentives to information sharing.

For example, Sen. Dianne Feinstein (D-CA) introduced S 2588 [LOC | WW], the "Cybersecurity Information Sharing Act of 2014", on July 10, 2014. (She had released a discussion draft of the bill on June 17.) This bill was referred to the Senate Intelligence Committee (SIC), which reported it on July 10. The full Senate has not passed this bill.

It would provide companies immunity from suit for both monitoring their systems for cyber threats, and sharing cyber threat information with the government.

In the House there is HR 624 [LOC | WW], the "Cyber Intelligence Sharing and Protection Act" or CISPA. It too would provide immunities. The House passed this bill on April 18, 2013 by a vote of 288-127 See, Roll Call No. 117.

The House also passed another version of the CISPA in the 112th Congress, on April 26, 2012. See, HR 3523 [LOC | WW], also titled CISPA. The vote on final passage was 248-168. See, Roll Call No. 192. See also, story titled "House Passes CISPA" and story titled "Amendment by Amendment Summary of House Consideration of CISPA" in TLJ Daily E-Mail Alert No. 2,380, April 25, 2012.

President Obama might veto the CISPA if passed by the Congress.

Also, some groups criticize these bills on privacy grounds. See for example, the Center for Democracy and Technology's (CDT) critique of Sen. Feinstein's bill.

Rep. Patrick Meehan (R-PA), Rep. Yvette Clark (D-NY), Rep. Bennie Thompson (R-MS), Rep. Jim Langevin (D-RI), Rep. Donald Payne (D-NJ), and Rep. Sheila Lee (D-TX) spoke in support of the bill. No one spoke against it.

Walter McCormack, head of the US Telecom, stated in a release that "House passage of H.R. 3696, together with the other cybersecurity bills on the suspension calendar, is a positive step".

He also praised the bill for "improving our nation’s cybersecurity posture by building on existing public-private partnerships and advancing necessary information sharing relationships without new regulatory mandates."

On June 24, 2014, Sen. Tom Carper (D-DE) and Sen. Tom Coburn (R-OK) introduced S 2519 [LOC | WW], the "National Cybersecurity and Communications Integration Center Act of 2014". The Senate Homeland Security and Governmental Affairs Committee (SHSGAC) amended and approved this bill on June 25.

It is a different bill. However, it pertains to the DHS operating as a "Federal civilian information sharing interface for cybersecurity". The full Senate has not yet passed S 2519. See also, story titled "Senate Committee Approves DHS NCCIC Bill" in TLJ Daily E-Mail Alert No. 2,672, July 8, 2014.

7/29. The House passed HR 2952 [LOC | WW], the "The Critical Infrastructure Research and Development Act", without amendment, by voice vote, after a short discussion, on July 28, 2014. The Senate has not yet passed this bill.

This bill would require the Department of Homeland Security (DHS) to write, and revise every two years, a "strategic plan to guide the overall direction of Federal physical security and cybersecurity technology research and development efforts for protecting critical infrastructure".

It would also require the DHS to write and revise every two years a report on the DHS's "utilization of public-private research and development consortiums for accelerating technology development for critical infrastructure protection".

The bill would also create in the DHS's National Protection and Programs Directorate (NPPD) a "a technology clearinghouse for rapidly s haring proven technology solutions for protecting critical infrastructure".

But, it does not authorize any appropriations for research or other activities of the DHS.

Rep. Patrick Meehan (R-PA), Rep. Yvette Clark (D-NY), Rep. Bennie Thompson (R-MS), and Rep. Sheila Lee (D-TX) spoke in support of the bill. No one spoke against it.

7/29. The House passed HR 3107 [LOC | WW], the "Homeland Security Cybersecurity Boots-on-the-Ground Act", without amendment, after a short discussion, on July 28, 2014, by a vote of 395-8. See, Roll Call No. 457. The Senate has not yet passed this bill.

This bill pertains to the Department of Homeland Security (DHS) and contractor personnel who work on cyber security related matters.

It would require that the DHS develop "comprehensive occupation classifications for individuals performing activities in furtherance of the cybersecurity mission" of the DHS, write an "assessment" of the "readiness and capacity of the Department to meet its cybersecurity mission", and write a "workforce strategy that enhances the readiness, capacity, training, and recruitment and retention of the cybersecurity workforce".

This bill would also require the DHS to write a report on "the feasibility of establishing a Cybersecurity Fellowship Program to offer a tuition payment plan for undergraduate and doctoral candidates who agree to work" for the DHS.

Rep. Patrick Meehan (R-PA), Rep. Yvette Clark (D-NY), Rep. Bennie Thompson (R-MS), and Rep. Mike McCaul (R-TX) spoke in support of the bill. No one spoke against it. Rep. Meehan requested the roll call vote.

The no votes were cast by Rep. Justin Amash (R-MI), Rep. Paul Broun (R-GA), Rep. Walter Jones (R-NC), Rep. Thomas Massie (R-KY), Rep. Steve Stockman (R-TX), Rep. Randy Weber (R-TX), Rep. Lynn Westmoreland (R-GA), and Rep. Ted Yoho (R-FL).

Rep. Thompson stated that "Sophisticated cyber mission-critical skills are not a dime-a-dozen, and Federal agencies have to compete among themselves, and especially private sector employers for talent."

However, nothing in this bill would provide for increased compensation, benefits or other incentives for DHS cyber security personnel. Nor does the bill authorize any appropriations.

Rep. Clarke, the sponsor, offered this summary. "First, the bill directs DHS to develop and issue comprehensive occupation classifications for persons performing activities in furtherance of the Department's cybersecurity missions. Secondly, the bill requires the Secretary to assess the readiness and capacity of the Department to meet its cybersecurity mission. As part of the assessment, the Department has to identify where positions are located, whether these positions are vacant, and whether they are held by full-time employees or contractors. Thirdly, the bill requires the Secretary to develop a comprehensive workforce strategy. This strategy will be implemented to enhance the readiness, capacity, training, recruitment, and retention of the Department's cybersecurity workforce. Finally, the bill requires the Secretary to establish and maintain a process to verify that individuals employed by private contractors who serve in cybersecurity positions at the Department receive initial and recurrent information security training."

7/29. The House passed HR 3635 [LOC | WW], the "Safe and Secure Federal Websites Act of 2013", without amendment, by voice vote, after a brief discussion, on July 28, 2014. The Senate has not yet passed this bill.

It would require that federal agencies certify that their web site are secure. However, the bill would only impose minimal requirements for this certification.

Also, the bill would not regulate private sector web site security practices, or impose a data breach notification regime for the private sector.

Rep. Kerry Bentivolio (R-MI), the sponsor of the bill, stated that this bill "will help to instill confidence in Americans that their privacy and personal information is secure. H.R. 3635 will help ensure the functionality and security of Federal Web sites. The escalation of security breaches involving personally identifiable information has contributed to the loss of millions of records over the past few years, both within and outside the Federal Government.

He said that "Web sites that fail to meet their intended function are a waste of taxpayer dollars and can result in needless frustration to the end user who is trying to access a Federal service or benefit. The harm to the Federal Government is the loss of public trust, as well as potential legal liability or remediation costs that the taxpayer may ultimately bear."

"H.R. 3635 guards against the loss of the public's trust by requiring agency chief information officers certify that Federal Web sites collecting personally identifiable information are fully functional and secure. In addition, the bill requires agencies to notify affected individuals that their personally identifiable information may have been compromised within 72 hours of a known or suspected data breach."

For more on this bill, see story titled "House to Consider Bill Regarding Federal Web Site Security" in TLJ Daily E-Mail Alert No. 2,681, July 28, 2014.

7/29. Rep. Kenny Marchant (R-TX) introduced HR 5236 [LOC | WW] on July 29, 2014. It was referred to the House Judiciary Committee (HJC). It would amend the criminal code to add certain tax related crimes to the definition of aggravated identity theft, codified at 18 U.S.C. § 1028A(c).

7/17. The Government Accountability Office (GAO) released a report [30 pages in PDF] titled "Information Security: FDIC Made Progress in Securing Key Financial Systems, but Weaknesses Remain".

7/15. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft NIST IR 8014 [43 pages in PDF] titled "Considerations for Identity Management in Public Safety Mobile Networks". The deadline to submit comments is August 22, 2014.

6/25. The Government Accountability Office (GAO) released a report [54 pages in PDF] titled "Information Security: Additional Oversight Needed to Improve Programs at Small Agencies".

5/30. The Government Accountability Office (GAO) released a report [55 pages in PDF] titled "Information Security: Agencies Need to Improve Cyber Incident Response Practices". This report was prepared for the Senate Homeland Security and Governmental Affairs Committee (SHSGAC).

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.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

The Senate will meet at 10:00 AM.

Day two of a two day event hosted by the Minority Media & Telecom Council (MMTC) titled "12th Annual Access to Capital and Telecom Policy Conference". See, notice. Location: Embassy Suites Convention Center Hotel, 900 10th St., NW.

Day one of a three day conference hosted by the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) titled "Update Conference on Export Controls and Policy". At 10:30 on July 29 there will be a panel discussion titled "Cyber Threats to Industry" that will address how cyber threats and the National Institute of Standards and Technology's (NIST) cyber security regulatory framework relate to export compliance. See, conference web site. Location: Hilton Hotel, 815 14th St., NW.

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

10:15 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing, and Trade will hold a hearing titled "Nanotechnology: Understanding How Small Solutions Drive Big Innovation". The witnesses will be __. Webcast. See, notice. Location: Room 2322, Rayburn Building.

12:00 NOON - 1:00 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Blurred: Lines: Intersection of Antitrust and Consumer Protection". The topics to be discussed include false advertising and deception as a component of an antitrust claim, Retractable Technologies v. Becton Dickinson (USDC/EDTex, D.C. No. 07-CV-0250), and Section 5 of the FTC Act. The speakers will be Valentina Rucker (Wilson Sonsini), Christopher Cole (Crowell & Moring), Jonathan Klarfeld (Ropes & Gray), David Balto, and Diana Moss (American Antitrust Institute). The price to attend ranges from free to $25. No CLE credits. See, notice. Location: Wilson Sonsini, 5th floor, 1700 K St., NW.

1:00 -2:00 PM. The National Science Foundation's (NSF) National Science Board's (NSB) Committee on Strategy and Budget will hold a closed meeting by teleconference. See, notice in the Federal Register, Vol. 79, No. 142, July 24, 2014, at Page 43099.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Surviving a Cyber Attack on Your Law Practice". The speakers will be Lucy Thomson, Randy Sabett, Jill Rhodes, and Vincent Polley. Prices vary. CLE credits. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Navigating Legal Issues of Healthcare in the Cloud". The speakers will be Jean Marie Pechette, Ericka Watson, and Dominique Shelton (Alston & Bird) The price to attend ranges from $150 to $195. CLE credits. See, notice.

2:00 - 5:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Terrorism, Nonproliferation, and Trade will hold a hearing titled "A U.S.-EU Trade Agreement: Bolstering Economic and National Security". The witnesses will be Todd Cohen (eBay), James Jones, Jeffrey Schott (Peterson Institute for International Economics), and Celeste Drake (Trade and Globalization Policy Specialist). Webcast. See, notice. Location: Room 2172, Rayburn Building.

2:00 - 3:00 PM. The Federalist Society will host a teleconferenced panel discussion titled "Network Neutrality: the Power to Act". The speakers will be Maureen Ohlhausen (FTC Commissioner), Daniel Lyons (Boston College law school), Michael Weinberg (Public Knowledge), and Randolph May (Free State Foundation). See, notice.

4:00 PM. The House Commerce Committee (HCC) will meet to begin its mark up several bills, including HR 3670 [LOC | WW], the "Anti-Spoofing Act of 2013", HR 5161 [LOC | WW], the "E-LABEL Act", and HR 1575 [LOC | WW], the "Kelsey Smith Act". This meeting is for opening statements only. Webcast. See, notice. Location: Room 2123, Rayburn Building.

Deadline to submit comments to the Federal Energy Regulatory Commission (FERC) in response to its notice of proposed rulemaking regarding electricity interconnection. See, notice in the Federal Register, Vol. 79, No. 120, June 23, 2014, at Pages 35501-35502.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

The Senate will meet at 9:30 AM.

Day two of a three day conference hosted by the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) titled "Update Conference on Export Controls and Policy". See, conference web site. Location: Hilton Hotel, 815 14th St., NW.

10:00 AM. The House Commerce Committee (HCC) will meet to conclude its mark up several bills, including HR 3670 [LOC | WW], the "Anti-Spoofing Act of 2013", HR 5161 [LOC | WW], the "E-LABEL Act", and HR 1575 [LOC | WW], the "Kelsey Smith Act". This meeting is for amendments, debate, and votes. Webcast. See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee (SHSGAC) will hold a business meeting. The agenda includes consideration of S 2664 [LOC | WW], the "Integrated Public Alert and Warning System Authorization Act of 2014". See also, HR 3283 [LOC | WW], an IPAWs bill pending in the House. The House Homeland Security Committee (HHSC) approved it on April 30, 2014. Location: Room 342, Dirksen Building.

2:45 PM. 2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Cramming on Wireless Phone Bills: A Review of Consumer Protection Practices and Gaps". The witnesses will be Terrell McSweeny (FTC Commissioner), William Sorrell (Attorney General of the State of Vermont), Travis LeBlanc (FCC), and Michael Altschul (CTIA Wireless Association. Location: Room 253, Russell Building.

3:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property, and the Internet will hold a hearing titled "The U.S. Patent and Trademark Office: The America Invents Act and Beyond, Domestic and International Policy Goals". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

3:00 - 8:00 PM. The American Bar Association's (ABA) Section of International Law will host a program on the U.S. International Trade Commission (USITC) and its Section 337 intellectual property exclusion proceedings. The first panel will be comprised of USITC Commissioners. The deadline to submit questions for the Commissioners is July 23. The second panel is titled "Jurisdiction Under Section 337". The speakers will be Monty Fusco (Fish & Richardson), Barbara Murphy (Foster Murphy Altman & Nickel), Stephen Smith (Cooley), and Geoffrey Goodale (Trade Law Advisors). Section 337, which is codified at 19 U.S.C. § 1337, provides, in part, that "The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that ... infringe a valid and enforceable United States patent or a valid and enforceable United States copyright registered under title 17". This section empowers the USITC to issue exclusion orders. Refreshments and hors d'oeuvres will be served after the program. The price to attend is $25. No CLE credits. See, notice. Location: King & Spalding, Suite 200, 1700 Pennsylvania Ave., NW.

The House will meet at 9:00 AM for legislative business. See, Rep. Cantor's schedule.

Day three of a three day conference hosted by the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) titled "Update Conference on Export Controls and Policy". On July 31 at 9:00 AM there will be a panel titled "Encryption Controls and Information Security Session"; at 1:00 PM there will be a panel titled "Encryption Controls". See, conference web site. Location: Hilton Hotel, 815 14th St., NW.

9:30 AM - 5:00 PM. The DC Bar Association will host a program titled "Cybersleuth’s Guide to Effective Internet Research Strategies for Lawyers". The speakers will be Carole Levitt and Mark Rosch (both of Internet For Lawyers). The price to attend ranges from $169 to $219. CLE credits. For more information, call 202-626-3488. The DC Bar has a history of barring reporters from its events. See, notice. Location: DC Bar Conference Center, 1101 K St., NW.

CANCELLED. 10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes __. Webcast. See, notice. Location: Room 226, Dirksen Building.

12:00 NOON - 1:00 PM. The National Nanotechnology Coordination Office (NNCO) will host a webcast event to discuss its "Progress Review on the Coordinated Implementation of the National Nanotechnology Initiative (NNI) 2011 Environmental, Health, and Safety Research Strategy". See, notice in the Federal Register, Vol. 79, No. 140, July 22, 2014 at Pages 42559-42560.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "From Big Data to Cloud Computing: How IT is Creating a New Era of Disruptive Innovation". The speakers will be Robert Atkinson (ITIF), Daniel Castro (ITIF), Larry Downes (Tech Freedom), David Moschella (CSC), Malcolm Frank (Cognizant), Ben Pring (Cognizant), and Paul Roehrig (Cognizant). See, notice. Location: ITIF/ITIC, Suite 610, 1101 K St., NW.

12:15 - 2:00 PM. The Tech Freedom (TF) will host a panel discussion titled "First Apple, Now Amazon: Where is the FTC Heading on Digital Consumer Protection?" The keynote speaker will be Joshua Wright (FTC Commissioner). The panel speakers will be __. Free. Open to the public. Webcast. Lunch will be served from 11:45 AM to 12:15 PM. See, TF notice. See also, the FTC's July 10, 2014 complaint in FTC v. Amazon (USDC/WDWash, D.C. No. 2:14-cv-01038). Location: Woolly Mammoth Theatre Company, Rehearsal Hall, 641 D St., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "A Whole New World at the ITC: Jurisdiction over Electronic Transmissions". The speakers will be Elizabeth Winston, Charles Duan, and John Thorne. See, April 10, 2014 opinion [174 pages in PDF] of the U.S. International Trade Commission (USITC) in In the Matter of Certain Digital Models, Inv. No. 337-TA-833. Prices vary. CLE credits. See also, ABA notice.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice in the Federal Register (FR) requesting comments regarding the Supreme Court's June 19, 2014 opinion in CLS Bank v. Alice Corporation, and its June 25, 2014 memorandum to its patent examining corps that contains preliminary examination instructions. See, FR, Vol. 79, No. 125, June 30, 2014, at Page 36786, and story titled "Supreme Court Rules on Patent Ineligibility of Computer Implemented Ideas" in TLJ Daily E-Mail Alert No. 2,668, June 19, 2014.

See, Rep. Cantor's schedule states that "no votes are expected" in the House.

8:30 AM. The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) is scheduled to release its July 2014 employment data.

8:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC) will meet on site and via teleconference. The agenda includes a "Deemed export exemption proposal", "Space security", "Unmanned Aerial Vehicles", "Text mining", "Additive manufacturing", "Semiconductor Process Design Kits", and other topics. Open to the public. See, notice in the Federal Register, Vol. 79, No. 132, July 10, 2014, at Page 39366. Location: Room 6087B, DOC, Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

Deadline to submit reply comments to the Federal Communications Commission (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, notice in the Federal Register, 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.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its second draft of NIST IR 7924 [94 pages in PDF] titled "Reference Certificate Policy".

Deadline to register to attend, and to submit comments in advance of, the Department of the Air Force's Global Positioning System Directorate (GPSD) August 22, 2014 event in El Segundo, California titled "2014 Public Open Forum". See, notice in the Federal Register, Vol. 79, No. 131, July 9, 2014, at Pages 38857-38858.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Halo Electronics v. Pulse Electronics, App. Ct. No. 13-1472, an appeal from the U.S. District Court (DNev), D.C. No. 2:07-cv-00331, in a case involving surface mount technology. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in T.M. Patents v. Cisco Systems, App. Ct. No. 14-1161, an appeal from the U.S. District Court (DMass), D.C. No. 12-11418-WGY, in a case involving transmitting computer messages across a processor network using wormhole routing, which is also known as cut through routing and cut through switching. See, November 13, 2013 Opinion and Order. Panel A. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Malico v. LSI Logic, App. Ct. No. 13-1680, an appeal from the U.S. District Court (NDCal), D.C. No. 5:11-cv-04537-HRL. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding its quadrennial review of its broadcast ownership rules, and the FCC's Report and Order (FCC 07-217), sometimes referred to as the diversity order, which the U.S. Court of Appeals (3rdCir) remanded in its July 7, 2011 opinion in Prometheus Radio Project v. FCC. The FCC adopted this FNPRM on March 31, 2014, and released it on April 15, 2014. It is FCC 14-28 in MB Docket Nos. 14-50, 09-182, 07-294, and 04-256. See, notice in the Federal Register, Vol. 79, No. 97, May 20, 2014, at Pages 29009-29064. See also, story titled "3rd Circuit Issues Opinion Regarding FCC Regulation of Media Ownership" in TLJ Daily E-Mail Alert No. 2,256, July 12, 2011.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Processing Equipment Technical Advisory Committee (ETRAC) will hold a partially closed meeting. See, notice in the Federal Register, Vol. 79, No. 132, July 10, 2014, at Pages 39366-7. Location: Room 3884, DOC, Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Internet Machines v. Cyclone Microsystems, App. Ct. No. 13-1516, an appeal from the U.S. District Court (EDTex), D.C. No. 6:11-cv-00250. Panel D. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Qcue v. Digonex Technologies, App. Ct. No. 14-1028, an appeal from the U.S. District Court (WDTex), D.C. No. A-12-CA-484-SS. Panel C. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in KI Ventures v. Fry's Electronics, App. Ct. No. 14-1187, an appeal from the U.S. District Court (SDTex), D.C. No. 4:13-cv-01407. Panel C. Location: Courtroom 201, 717 Madison Place, NW.

12:00 NOON - 1:00 PM. The law firm of Venable will host a webcast panel discussion titled "Managing Liabilities from Cyber Threats Using the SAFETY Act". The speakers will be Dismas Locaria, Brian Zimmet, and Jason Wool. For more information, contact Jilian Foley at JMFoley at Venable com com or 202-344-4395.

5:00 PM. Deadline to submit comments to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) in response to notice in the Federal Register (FR) regarding "Big Data and Consumer Privacy in the Internet Economy". See, FR, Vol. 79, No. 109, June 6, 2014, at Pages 32714-32716.