2/18. Rep. Fred Upton (R-MI), Rep. Greg Walden (R-OR), and Rep. Tim Murphy (R-PA) sent a letter [6 pages in PDF] to Federal Communications Commission (FCC) Chairman Tom Wheeler regarding the lack of "fairness, openness, and transparency" of administrative and rulemaking processes at the FCC under his leadership.

Rep. Upton is the Chairman of the House Commerce Committee (HCC). Rep. Walden is the Chairman of the HCC's Subcommittee on Communications and Technology. Rep. Murphy is the Chairman of the HCC's Subcommittee on Oversight and Investigations.

First, the three complain about Wheeler improper use of "delegated authority". They also list and describe numerous examples. They wrote that the "Commission often delegates to the Commission's bureaus offices the authority to address routine, non-controversial matters", without review and debate by Commissioners, and a vote by the five member Commission. But, they wrote, Wheeler is using "delegated authority" to rule on new or novel questions of law or policy.

The three also complain about the lack of "openness and fairness" in the rulemaking process, citing the open proceeding regarding regulating the network management practices of the broadband internet access service (BIAS) providers.

They also complain about Wheeler withholding from other Commissioners information requested by them.

The three wrote that "these issues lead us to conclude that the Commission under your leadership is not sufficiently committed to fulfilling its obligation to operate independently, with processes that are open, fair and transparent."

The three then propound a multipart request for production of documents related to FCC procedures. The request production of documents by March 4, 2015, and that Wheeler certify the response.

David Redl and Charles Ingebretson are the HCC staffers handling this matter.

2/6. Sen. Bill Nelson (D-FL) and others sent one letter to the Federal Trade Commission (FTC) and a different letter to the Federal Communications Commission (FCC) regarding Verizon's wireless tracking of its customers' web browsing activities with persistent identifiers.

Both letters refer to a "mobile tracking technology" known as "supercookie". See, the release, to which is attached the two letters.

Sen. Nelson, Sen. Ed Markey (D-MA), Sen. Richard Blumenthal (D-CT), and Sen. Brian Schatz (D-HI) also sent a letter to Verizon on January 29.

All four are members of the SCC. Sen. Nelson is the new ranking Democrat on the Senate Commerce Committee (SCC).

They expressed concern that "Turn, a third-party online advertising company, has been exploiting mobile tracking technology Verizon uses to monitor online activity of its 100 million wireless customers. The use of these so-called "supercookies," which smartphone uses cannot delete, and their potential misuse and abuse by advertisers and other third parties raise very serious privacy questions."

Sen. Nelson also made a short statement in the Senate on January 29. See, video [YouTube] and Congressional Record, January 29, 2015, at Page S634.

Sen. Nelson (at right) stated that "there is a disturbing report in The Washington Post today about a major telephone company, Verizon, putting super cookies on the phones that its customers are being used which will allow those customers to be tracked and if that information is turned over to other third parties to be utilized for purposes of advertising even though the customer has indicated that they do not want that particular cookie placed on the their device."

(The Washington Post published a another article on January 30, by Andrea Peterson, titled "Verizon Wireless to allow customers to actually opt-out of controversial supercookie tracking". This article states that "Verizon Wireless said Friday that it will allow customers to opt out of having the company's controversial tracking code inserted into their Web traffic.")

Sen. Nelson added that "Our staff on the commerce committee will be investigating this and we certainly want to make sure that in this time of ubiquity of eyes prying all around in this electronic age that we are living, that we preserve the rights of privacy for all individuals."

FTC and Privacy. The letter to the FTC asks that the FTC "investigate Verizon's disclosures to wireless customers with regard to its mobile tracking technology" and "further scrutinize all public and customer disclosures and information relevant to the use of its supercookie by third parties".

The FTC is a consumer protection agency that has a history of taking actions to protect consumer privacy -- sometimes overzealously. The FTC has no statutory authority under a general privacy statute.

However, it does have a broad grant of authority under Section 5 of the FTC Act (15 U.S.C. § 45) to take action against "unfair or deceptive" practices in interstate commerce, which it has often invoked in the context of privacy. Although, it has most often invoked this section when a company has violated its own privacy policy, or its own statements to consumers.

FCC and Privacy. The letter to the FCC states that the FCC "should use its full existing statutory authority to examine these practices. In particular, the use of these supercookies may implicate the Commission's rules and policies related to consumer privacy and transparency."

Sen. Nelson's reliance upon the FCC is misplaced. The FCC is a sectoral regulatory agency, but neither a consumer protection agency, nor a regulatory of business practices that impact consumers' interests in privacy.

The FCC has one specific privacy related statutory mandate, which is codified at 47 U.S.C. § 222. However, it only pertains customer proprietary network information (CPNI), which is not at issue in the present matter.

The FCC has also imposed toothless rules to protect consumer privacy in some other areas, such as in its regulation of robocalls.

Moreover, the FCC has consistently ignored allegations of illegal wiretaps and other government surveillance related violations of federal law by companies that fall within its regulatory reach.

Finally, it should be noted that many of the FCC's regulatory activities, such as in imposing CALEA, CALEA like, and location surveillance mandates, diminish privacy. The FCC does so in the interests of companies that provide location based services, law enforcement and intelligence agencies that conduct surveillance, and first responders, but with disregard for consumers' privacy interests.

In short, the FCC is not to be relied upon to protect consumers' interests in privacy.

Handful of Senators. Sen. Nelson's release begins with the phrase, "A handful of U.S. Senators".

P.F. Sloan wrote a protest song in 1965 titled "Eve of Destruction". See, lyrics. It was most famously performed and recorded by Barry McGuire. See, YouTube video. It was a number one single hit on the US Billboard Hot 100. In addition, Jan and Dean, Paul Revere and the Raiders, Turtles, Byrds, Pogues, Billy Idol, Bon Jovi and many others have performed it.

It includes the line, "handful of Senators don't pass legislation". Every verse ends with the lines "And you tell me over and over and over and over again my friend / You don't believe we're on the eve of destruction."

So, internet service providers' use of supercookies is further evidence that the world is on the eve of destruction, and a handful of Senators are trying to pass legislation to save the world?

1/9. Rep. Derek Kilmer (D-WA) and others introduced HR 238 [LOC | WW], the "Copyright and Marriage Equality Act", on January 9, 2015. Sen. Patrick Leahy (D-VT) and others introduced S 23 [LOC | WW], the companion bill in the Senate, on January 6. This is a post-Windsor revision the Copyright Act's termination of transfer rights and renewal rights.

Introduction. These bills are re-introductions of bills from the 113th Congress. See, HR 5617 [LOC | WW] and S 2919 [LOC | WW].

These bills would amend the definitions of "widow" and "widower" in the Copyright Act. These terms are used in 17 U.S.C. § 203, which provides for terminations of transfers of copyright after 35 years, including by the "widow" of "widower" of the author. These bills would assure that the surviving spouses in same sex marriages qualify under Section 203. These terms are also used in 17 U.S.C. § 304 which addresses renewals of copyright, and termination rights.

Rep. Kilmer (at right) stated in a release that these bills "ensure that all married same-sex couples may have access to these rights and are not discriminated against."

These bills were referred to the House Judiciary Committee (HJC) and Senate Judiciary Committee (SJC).

As of February 13, there were 28 sponsors of the House bill. All are Democrats except two -- Rep. Ileana Ros-Lehtinen (R-FL) and Rep. Richard Hanna (R-NY).

Only four sponsors are members of the HJC -- Rep. Judy Chu (D-CA), Rep. Luis Gutierrez (D-IL), Rep. Suzan DelBene (D-WA), and Rep. David Cicilline (D-RI). Rep. Chu, Rep. DelBene, and Rep. Cicilline are also members of the HJC's Subcommittee on Courts, Intellectual Property and the Internet.

The other sponsors of the Senate bill are Sen. Ed Markey (D-MA), Sen. Chris Coons (D-DE), Sen. Sheldon Whitehouse (D-RI), and Sen. Al Franken (D-MN). Sen. Leahy, Sen. Coons, Sen. Whitehouse, and Sen. Franken are members of the SJC.

This bill would further implement the policy objectives that underlie the June 26, 2013 opinion of the Supreme Court in Windsor v. U.S., 570 U.S. 12, and its progeny. While that case received wide publicity as a gay rights case, it began, at bottom, as a claim by a putative widow to the federal estate tax exemption for surviving spouses. The Internal Revenue Service (IRS), relying upon Section 3 of the Defense of Marriage Act, had determined that the exemption did not apply to a same sex widow.

The just introduced bills are about widows rights under copyright law after authors to whom they were married have died.

The Authors Guild praised Sen. Leahy's bill. It wrote in a release that "The nation's current split between states that recognize same-sex marriage and those that don't creates a double standard under the Copyright Act. The law grants rights to an author's surviving spouse only if the marriage is recognized in the state where the author dies. But what if an author marries validly in Vermont but dies in Georgia, which does not currently recognize the marriage? There's the rub: if an author enters a lawful same-sex marriage but moves to and dies in a state that doesn't recognize the marriage, the author's spouse may lose out -- particularly, the surviving spouse would lose the statutory right to terminate book contracts after 35 years."

Summary of the Current Statute. The Constitution gives the Congress the "Power ... To promote the Progress of Science and useful arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries".

The Congress has secured these exclusive rights in authors' writings by enactment of the Copyright Act, which is codified at Title 17 of the U.S. Code. 17 U.S.C. § 102 provides in part that "Copyright protection subsists ... in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device." 17 U.S.C. § 106 provides "exclusive rights" to the "owner of copyright". 17 U.S.C. § 201 provides in part that "(a) Copyright ... vests initially in the author or authors of the work", and that "(d) ... The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession." Chapter 3 (17 U.S.C. §§ 301-305) then provides for copyright terms and renewals.

Some authors create works, and then transfer the rights of copyright to someone else, such as a book publisher or record company. Section 203 provides that under certain circumstances, after 35 years, authors can terminate those transfers. Moreover, if the author is dead, his widow or widower can under certain circumstances exercise this termination right. Exercise of this right might enable the author (or widow or widower) to negotiate a new more lucrative transfer.

The Copyright Act also provides for the renewal of copyright terms by the author (or widow or widower).

Thus, it can be of great importance who constitutes the widow or widower of the author.

17 U.S.C. § 101 contains definitions. It currently provides that "The author's ``widow´´ or ``widower´´ is the author's surviving spouse under the law of the author's domicile at the time of his or her death, whether or not the spouse has later remarried."

More Details of the Current Statute. 17 U.S.C. § 203, which pertains to "Termination of transfers and licenses granted by the author", provides, in part, that

"In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions:
(1) ... by that author ...
(2) Where an author is dead, his or her termination interest is owned, and may be exercised, as follows:
   (A) The widow or widower owns the author's entire termination interest unless there are any surviving children or grandchildren of the author, in which case the widow or widower owns one-half of the author’s interest.
   (B) The author’s surviving children, and the surviving children of any dead child of the author, own the author’s entire termination interest unless there is a widow or widower, in which case the ownership of one-half of the author’s interest is divided among them.
   (C) The rights of the author's children and grandchildren are in all cases divided among them and exercised on a per stirpes basis according to the number of such author's children represented; the share of the children of a dead child in a termination interest can be exercised only by the action of a majority of them.
   (D) In the event that the author's widow or widower, children, and grandchildren are not living, the author's executor, administrator, personal representative, or trustee shall own the author’s entire termination interest." (Emphasis added.)

Section 203 also provides that "Termination of the grant may be effected at any time during a period of five years beginning at the end of thirty-five years from the date of execution of the grant ...".

17 U.S.C. § 304 provides at subsection (c)(2) that

 "(2) Where an author is dead, his or her termination interest is owned, and may be exercised, as follows:
(A) The widow or widower owns the author's entire termination interest unless there are any surviving children or grandchildren of the author, in which case the widow or widower owns one-half of the author’s interest.
(B) The author’s surviving children, and the surviving children of any dead child of the author, own the author’s entire termination interest unless there is a widow or widower, in which case the ownership of one-half of the author’s interest is divided among them.
(C) The rights of the author’s children and grandchildren are in all cases divided among them and exercised on a per stirpes basis according to the number of such author’s children represented; the share of the children of a dead child in a termination interest can be exercised only by the action of a majority of them.
(D) In the event that the author's widow or widower, children, and grandchildren are not living, the author’s executor, administrator, personal representative, or trustee shall own the author's entire termination interest." (Emphasis added.)

Also, Subsection 304(a) addresses renewal rights. Subsection (a) provides in part that

 "(1)(A) Any copyright, the first term of which is subsisting on January 1, 1978, shall endure for 28 years from the date it was originally secured.
   (B) ...
   (C) In the case of any other copyrighted work, including a contribution by an individual author to a periodical or to a cyclopedic or other composite work --- (i) the author of such work, if the author is still living, (ii) the widow, widower, or children of the author, if the author is not living, (iii) the author’s executors, if such author, widow, widower, or children are not living, or (iv) the author’s next of kin, in the absence of a will of the author,
   shall be entitled to a renewal and extension of the copyright in such work for a further term of 67 years." (Emphasis added.)

17 U.S.C. § 101 provides that "The author's ``widow´´ or ``widower´´ is the author's surviving spouse under the law of the author's domicile at the time of his or her death, whether or not the spouse has later remarried."

That is, for the purposes of the Copyright Act, widowhood is (1) a matter of state law, (2) the state law of the state of the author at the time of death is to be applied. Currently, some states have enacted statutes that allow same sex marriage, and some have not. Also, people tend to move from state to state, and spouses sometimes live in different states.

Thus, if an author (who transferred his or her copyright to a book publisher or record company) were to (1) marry a person of the same sex, (2) marry in a state where state domestic relations law recognizes same sex marriages, (3) move to a state where state domestic relations law does not recognize same sex marriages, and (4) die in that second state, then the argument would exist that 35 years after the transfer of copyright, when the surviving spouse seeks to exercise the Section 203 termination right, such exercise would be ineffective due to the current definitions in Section 101. The argument that record companies, book publishers, and other transferees might assertion is that the claimant is not a widow or widower of the deceased author.

Summary of the Bills. These bills would replace the current definitions with the following: "An individual is the `widow´ or `widower´ of an author if the courts of the State in which the individual and the author were married (or, if the individual and the author were not married in any State but were validly married in another jurisdiction, the courts of any State) would find that the individual and the author were validly married at the time of the author's death, whether or not the spouse has later remarried." (Parentheses in original.)

This new language does not expressly state that the surviving spouse in a same sex marriage qualifies for exercise of Section 203 termination rights. However, it would have that effect.

The parenthetical clause would have the effect of extending termination rights to a same sex spouse who was married to an author in U.S. territories or in foreign countries.

Nevertheless, this new language is inartfully drafted. For example, there is the uncertain use of the term "validly" in the parenthetical clause. Does this mean "validly" under the laws of the "another jurisdiction" in which the two were married, or "validly" in "the courts of any State"?

These bills would affect very few copyrights. Most copyrights have little or no value at the time of creation. Some copyrights have great value, but they tend to loose value like a rapidly depreciating capital asset. Hence, there is little reason to exercise termination rights after 35 years. Nevertheless, a very small percentage of copyrights hold significant value even after 35 years. It is for these copyrights that the Congress created termination rights in the Copyright Act of 1976.

Termination Rights and Copyright Based Industries. This bill is more than a simple tweak of the Copyright Act. Consideration would require that the Congress deal with two controversial topics -- termination rights and the Supreme Court's action in Windsor.

Large companies whose business models involve acquiring copyrights from others tend to view termination rights with the same level of hostility that social conservatives regard same sex marriages. Either or both of these groups could do much to block or meddle with these bills.

From the perspective of owners and executives of music companies, and some other copyright based businesses, they purchase copyright assignments or licenses for fair value, and pursuant to written contracts. They take risks. They spend much to develop, market and distribute revenue generating products. Then, when some works continue to generate revenue after 35 years, the authors, their widows, or other people who did nothing to create the work, take it away, under Section 203.

Section 203, from this perspective, is "a Law impairing the Obligation of Contracts".

Under current law some survivors of same sex marriages may not be able to avail themselves of the termination rights stated in Section 203. Hence, some companies that acquire copyrights from others have an incentive to oppose this bill.

The HJC and SJC will pass judgment on this bill. Members of these Committees view these companies as stakeholders in their operations and activities. They are responsive to the copyright based industries.

Copyright bills that are enacted into law usually have bipartisan support in both of these Committees. Conversely, those that do not tend to languish.

But, support for these bills is not bipartisan. None of the sponsors of the Senate version are Republicans. Only two of the 28 sponsors of the House bill are Republicans.

Also, support from Democrats on the HJC is missing. Only four of the 28 sponsors of this bill are members of the HJC.

These bills might be viewed as an expansion of Section 203 termination rights by copyright based companies. They might therefore attempt to block passage. On the other hand, some might view this as an opportunity. That is, they may attempt to build a coalition of gays rights supporters and copyright assignees, and pass a revised bill that extends Section 203 rights to same sex widows, while generally weakening termination rights.

Social Conservatives. The prospects for passage of these bills is also complicated by three overlapping issues -- the appropriate extent of states' rights in a federal system, judicial activism, and the question of whether marriage should be a relationship between one man and one woman.

Some people believe that the Constitution delegated no power to the federal government to regulate marriage, domestic relations, or probate; that the states retain authority in these areas; and that the Supreme Court's decision in Windsor is an affront to this Constitutional framework.

Similarly, some people believe that the establishment of rules and definitions governing marriage, domestic relations, and probate is and should be a matter for democratically elected legislatures, and therefore that the Supreme Court's decision in Windsor is a usurpation of legislative power.

Finally, some people believe that marriage should be a relationship between one man and one woman.

This is significant because people who hold some or all of these three beliefs are well represented on HJC and SJC.

There are ideological divides in the Congress. The degree of ideological divergence is more pronounced on the SJC and the HJC.

The Republicans hold a 23-16 majority on the HJC. Many of these Republicans are vocal and adamant critics of Windsor. Yet, the introduction of these bills calls on the HJC to conduct mopping up operations to implement Windsor.

Day two of a four day meeting of the National Governors Association (NGA). Location: JW Marriott Hotel, 1300 Pennsylvania Ave., NW.

Day three of a four day meeting of the National Governors Association (NGA).  will meet. At 11:00 AM the NGA's Homeland Security and Public Safety Committee  will host a panel titled "States Leading on Cybersecurity". The speakers will include Secretary of Homeland Security Jeh Johnson. Location: JW Marriott Hotel, 1300 Pennsylvania Ave., NW.

The House will not meet. See, Rep. McCarthy's schedule.

The Senate will meet at 3:00 PM. It is scheduled to resume consideration of HR 240 [LOC | WW], the Department of Homeland Security (DHS) appropriations bill.

Day four of a four day meeting of the National Governors Association (NGA). Location: JW Marriott Hotel, 1300 Pennsylvania Ave., NW.

8:30 AM - 5:30 PM. The New America Foundation (NAF) and CNN will host a conference titled "Cybersecurity for a New America: Big Ideas and New Voices". The speakers will include Admiral Mike Rogers (Director of the NSA and Commander of the U.S. Cyber Command). Webcast by CNN. See, notice. Location: Ronald Reagan Building and International Trade Center, Pavilion Room, 1300 Pennsylvania Ave., NW.

8:30 AM. Registration.

9:00 AM. Opening remarks by Anne-Marie Slaughter (NAF).

9:10 AM. Speech by Dlshad Othman titled "What is it Like to Be Hacked for Your Beliefs?".

9:20 AM. Panel titled "Is Cybersecurity the Next Digital Divide?". The speakers will be Daniel Gillmor (ACLU), Seda Gürses (NYU), and Tara Whalen (Google).

10:30 AM. Speech by Heather Perkins (U Denver) title "New and Old Ethics: What Can Kant Teach Us About Cybersecurity?".

11:30 AM. Discussion of book titled "@War: The Rise of the Military Internet Complex". The speakers will be Anne Marie Slaughter (NAF) and Shane Harris (NAF).

11:00 AM. Admiral Mike Rogers (Director of the NSA and Commander of the U.S. Cyber Command will give a speech titled "The National Security Perspective".

12:00 PM Lunch.

12:45 PM. Patrick Tucker (DefenseOne) will give a speech titled "Big Data and the Internet of Things".

12:55 PM. Siobhan Gorman (Brunswick Group) will give a speech titled "How Are Reporters and the Corporate Sector Talking About Cybersecurity?".

1:05 PM. Katie Moussouris (HackerOne) will give a speech titled "Putting a Bounty on Vulnerabilities".

1:20 PM. Bruce Schneier (Harvard Law School) will give a speech.

1:50 PM. Panel titled "Do We Need a Cyber Red Cross?". The speakers will be Duncan Hollis (Temple University law school), Natalie Black (United Kingdom Cabinet Office), Tom Millar (US-CERT), and François Stamm (Red Cross).

3:05 PM. Aileen Alexander (Korn Ferry) will give a speech titled "The Hunt for Talent: How Are Corporate Boards Faring?".

3:15 PM. Panel titled "Where Can We Find the Next Generation of Cyber Warriors?". The speakers will be Lt. Gen. Edward Cardon (U.S. Army Cyber Command), Molly Sauter (Harvard Law School), and Nate Fick (Endgame).

4:30 PM. Panel titled "Protecting the Net From Advanced Persistent Threats". The speakers will be Alex Stamos (Yahoo), Morgan Boire (Intercept), and Cheri McGuire (Symantec).

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. The House will consider HR 734 [LOC | WW], the "Federal Communications Commission Consolidated Reporting Act of 2015", and HR 1020 [LOC | WW], the "STEM Education Act of 2015", under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. McCarthy's schedule.

Day one of a two day conference hosted by the New America Foundation (NAF) titled "The Future of War". At 1:30 PM, Phil Zabriskie will give a speech titled "The Kill Switch". At 2:20 PM, there will be a panel titled "What is Cyber Security at Home". The speakers will be Alan Davidson (NAF) and Suzanne Spaulding (DHS/NPPD). See, notice. Location: Ronald Reagan Building and International Trade Center, Pavilion Room, 1300 Pennsylvania Ave., NW.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The Importance of Cross-Border Data Flows for Traditional Industries". The speakers will be Robert Atkinson (ITIF), Andrea Glorioso (Delegation of the European Union to the USA), Jonathan McHale (Deputy Assistant USTR for Telecommunications Policy), and ___. Free. Open to the public. Live and archived webcast. See, notice. Location: ITIF/ITIC, Suite 610, 1101 K St., NW.

9:15 - 11:00 AM. Georgetown University's (GU) Georgetown Center for Business and Public Policy (GCBPP) will host an event titled "Rewriting the Communications Act". The opening speaker will be David Farber (Carnegie Mellon University). There will also be a panel discussion. The speakers will be Larry Downes, Peter Rysavy, Glenn Woroch, John Mayo, and Carolyn Brandon. Free. Open to the public. No CLE credits. Breakfast will be served. See, notice. Location: Location: National Press Club, 13th Floor, 529 14th St. NW.

10:00 AM - 1:00 PM. The Senate Banking Committee (SBC) will hold a hearing titled "The Semiannual Monetry Policy Report to the Congress". The witness will be Janet Yellen (FRB Chairman). Webcast. See, notice. Location: Room 106, Dirksen Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "Tax Reform, Growth and Efficiency". See, notice. Location: Room 215, Dirksen Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Mobile Payments Committee will host webcast event titled "Mobile Payments: The Year Ahead". The speakers will be Veronica McGregor (Hogan Lovells) and Dennis Browne (Capital One). No CLE credits. FCBA members only. No webcast. See, notice.

5:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing on undisclosed matters. It is titled "Ongoing Intelligence Activities". No webcast. See, notice. Location: Room HVC-304, Capitol Building.

5:00 PM. The House Rules Committee (HRC) will meet to adopt a rule for consideration of HR 5 [LOC | WW], the "Student Success Act". See, notice. Location: Room 313, Capitol Building.

6:30 - 9:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee and the Women's Bar Association will host an event titled "5th Annual Mentoring Supper". For more information, contact Rachael Bender at RBender at mobilefuture dot org or Lindsey Tonsager at LTonsager at cov dot com. The price ranges from $20 to $45. No CLE credits. No webcast. See, notice. Location: Covington & Burling, One City Center, 850 10th St., NW.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House is scheduled to consider HR 5 [LOC | WW], the "Student Success Act", and S 227 [LOC | WW], the "Strengthening Education through Research Act", on February 25-26. See, February 18 Rules Committee Print [625 pages in PDF] of HR 5. See, Rep. McCarthy's schedule.

Day two of a two day conference hosted by the New America Foundation (NAF) titled "The Future of War". At 12:30 PM, there will be a panel titled "The Next Generation of Cyberwar". The speakers will be Peter Singer (NAF) and Zane Markel (Midshipman, U.S. Naval Academy). At 4:30 PM, Sen. John McCain (R-AZ), Chairman of the Senate Armed Services Committee, will speak. See, notice. Location: Ronald Reagan Building and International Trade Center, Pavilion Room, 1300 Pennsylvania Ave., NW.

TIME CHANGE. 10:00 AM. 11:30 AM. The House Homeland Security Committee will hold a hearing titled "The Administration’s Cybersecurity Legislative Proposal on Information Sharing". The witnesses will be Suzanne Spaulding (DHS/NPPD), __. See, notice. Location: Room 311, Cannon Building.

10:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing on undisclosed matters. It is titled "Worldwide Threats". No webcast. See, notice. Location: Room HVC-304, Capitol Building.

10:00 AM. The House Financial Services Committee (HFSC) will hold a hearing titled "Monetary Policy and the State of the Economy". The witness will be Janet Yellen (FRB Chairman). See, notice. Location: HVC-210, Capitol Building.

10:00 AM. The House Science Committee (HSC) will hold a hearing on the FY16 budget proposal for the Department of Energy (DOE). The witness will be Ernest Moniz (Secretary of Energy). Webcast. See, notice. Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Preserving the Multistakeholder Model of Internet Governance". The witnesses will be Fadi Chehadé (CEO of ICANN), David Gross (Wiley Rein), and Lawrence Strickling (head of the NTIA). Webcast. Location: Room 253, Russell Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "Congress and U.S. Tariff Policy". The witnesses will be __. Webcast. See, notice. Location: Room 215, Dirksen Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "The Uncertain Future of the Internet". The witnesses will be __. Webcast. See, notice. Location: Room 2322, Rayburn Building.

10:30 AM. The House Appropriations Committee's Subcommittee on Commerce, Justice, Science, and Related Agencies will hold an oversight hearing on the Department of Commerce (DOC), Department of Justice (DOJ), and NASA. The witnesses will be the relevant Inspectors General. See, notice. Location: Room H-309, Capitol Building.

12:00 PM. The Federalist Society’s Telecommunications & Media Practice Group will host a panel discussion titled "The Future of Media -- Is Government Regulation In Today's Media Landscape Over The Top?". The speakers will be Joshua Wright (FTC Commissioner), Patricia Paoletta (Harris Wiltshire & Grannis), Jeff Blum (DISH Network), Rick Kaplan (National Association of Broadcasters), Barry Ohlson (Cox Enterprises), and Ryan Radia (Competitive Enterprise Institute). Lunch will be served at 12:00 NOON. The program will begin at 12:30 PM. Free. See, notice. Location: George Washington University Law School, Jacob Burns Moot Court Room, 2000 H St., NW.

1:00 - 2:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Engineers’ View of Network Management, Specialized Services, and Net Neutrality". The speakers will be Doug Brake (ITIF), Charles Jackson (George Washington University), Jon Peha, and ___. Free. Open to the public. Live and archived webcast. See, notice. Location: ITIF/ITIC, Suite 610, 1101 K St., NW.

25 2:00 PM. The Ball State University's (BSU) Digital Policy Institute (DPI) will host a webcast panel discussion titled "Preemption, Policy and Politics". The speakers will be Russ Hanser (Wilkinson Barker Knauer), Michael Santorelli (New York Law School), Larry Spiwak (Phoenix Center for Advanced Legal & Economic Public Policy Studies), and Barry Umansky (Ball State University). Free. Open to the public. No CLE credits. See, notice and registration page.

2:15 - 3:45 PM. The Brookings Institution (BI) will host a panel discussion titled "European Financial Regulation and Transatlantic Collaboration". See, notice. Location: BI, 1775 Massachusetts Ave., NW.

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

9:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "NSA Overview". No webcast. See, notice. Location: Room HVC-304, Capitol Building.

9:30 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nominations of Michelle Lee (to be head of the USPTO) and Loretta Lynch (Attorney General). The agenda also includes consideration of four nominees for the U.S. District Court: Alfred Bennett (USDC/SDTex), George Hanks (USDC/SDTex), Jose Olvera (USDC/SDTex), and Jill Parrish (USDC/DUtah). The agenda also includes consideration of five nominees for the Court of Federal Claims: Nancy Firestone, Thomas Halkowski, Patricia McCarthy, Jeri Somers, and Armando Bonilla. The agenda also includes consideration of S 178, the "Justice for Victims of Trafficking Act of 2015", and S 166, the "Stop Exploitation Through Trafficking Act of 2015". Live and archived webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Science Committee's (HSC) Subcommittee on Research and Technology will hold a hearing on the FY16 budget proposals for the National Science Foundation (NSF) and National Institute of Standards and Technology (NIST). The witnesses will be France Cordova (Director of the NSF), Daniel Arvizu (Chariman of the National Science Board), and Willie May (acting Director of the NIST). Webcast. See, notice. Location: Room 2318, Rayburn Building.

10:00 AM - 1:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Asia and the Pacific will hold a hearing titled "Across the Other Pond: U.S. Opportunities and Challenges in the Asia Pacific". See, notice. Location: Room 2172, Rayburn Building.

10:15 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing and Trade will hold a hearing titled "Update: Patent Demand Letter Practices and Solutions". The witnesses will be __. Webcast. See, notice. Location: Room 2322, Rayburn Building.

10:30 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Commerce, Justice, Science, and Related Agencies will hold a hearing on the FY16 budget for the Department of Commerce (DOC). The witness will be Penny Pritzger (Secretary of Commerce). See, notice. Location: Room 192, Dirksen Building.

10:30 AM. The Federal Communications Commission (FCC) will host an event titled "Open Commission Meeting". The tentative agenda includes adoption of the FCC's Report and Order on Remand, Declaratory Ruling, and Order reclassifying broadband internet access service (BIAS) as a Title II telecommunications service, and creating a regulatory regime for internet interconnection. Open to the public. Webcast. Location: FCC, Commission Meeting Room, 445 12th St., SW.

1:30 PM. The House Judiciary Committee (HJC) will hold a hearing titled "The U.S. Copyright Office: Its Functions and Resources". The witnesses will be Keith Kupferschmid (Software & Information Industry Association), Lisa Dunner (on behalf of the American Bar Association Nancy Mertzel (on behalf of the American Intellectual Property Law Association), and Bob Brauneis (George Washington University Law School). Webcast. See, notice. Location: Room 2141, Rayburn Building.

1:30 PM. The House Appropriations Committee's Subcommittee on the Legislative Branch will hold a hearing on the budget for the Library of Congress (LOC) and Architect of the Capitol. The witnesses will include James Billington. See, notice. Location: Room HT-2, Capitol Building.

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

Supreme Court conference day. See, 2014-2015 calendar. Closed to the public.

11:00 AM - 1:30 PM. The Tech Freedom will host an event titled "Fireside Chat with FCC Commissioners Ajit Pai and Mike O’Rielly". The topic will be the Federal Communications Commission's (FCC) February 26 Report and Order on Remand, Declaratory Ruling, and Order reclassifying broadband internet access service (BIAS) as a Title II telecommunications service, and creating a regulatory regime for internet interconnection. Free. Open to the pubic. Lunch will be served. Webcast. No CLE credits. No fireplace. See, notice. Location: Reserve Officers Association, Ballroom, 1 Constitution Ave., NE.

1:30 PM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution and Civil Justice will hold a hearing titled "The State of Class Action Ten Years after the Enactment of the Class Action Fairness Act". The witnesses will be Andrew Pincus (Mayer Brown), John Sweeney (DRI Voice of the Defense Bar), Patricia Moore (St. Thomas University School of Law), and Jessica Miller (Skadden Arps). Webcast. See, notice. Location: Room 2141, Rayburn Building.

9:00 AM - 12:00 NOON. The Brookings Institution (BI) will host an event titled "China's Security and Foreign Policies: Comparing American and Japanese Perspectives". See, notice. Location: BI, 1775 Massachusetts Ave., NW.

2/19. The Progressive Policy Institute (PPI) released the findings of a public opinion poll commissioned by the PPI regarding "network neutrality", the Federal Communications Commission's (FCC) long running efforts to regulate the network management practices of broadband internet access service (BIAS) providers.

The poll was conducted for the PPI by Hart Research Associates (HRA). HRA asked 800 cross sectional people by telephone, "Are you familiar with the term Net Neutrality and do you know what it refers to?"

11% responded "very familiar". 14% responded "somewhat familiar". This leaves 74% of the survey population unfamiliar with the term.

The findings released by the PPI also disclose this prelude to another question: "Information prior to question: Over the past 22 years, the Internet has developed and grown into what we have today, with little government oversight, and has resulted in major private investment by the nation's wired and wireless providers in modern, high-speed broadband networks. President Obama is now proposing that the federal government regulate and oversee the Internet similar to how it oversees the electric or gas public utility industry. Specifically, President Obama proposes allowing the FCC, for the first time, to regulate the Internet with the same authority it has used in the past to regulate monopoly telephone service."

The findings then disclose the question, "What is your view of FCC regulation of the Internet?", and the allowed responses, "FCC regulation would be more helpful" and "FCC regulation would be more harmful".

The findings disclose that 32% responded more helpful and 53% responded more harmful.

The HRA also asked if the FCC should disclose more information. 73% of respondents answered in the affirmative.

Peter Hart of HRA stated in a PPI release that "The public neither understands nor supports the FCC voting on net neutrality rules without greater disclosure of the exact wording and the details of the proposal".

He added that "Net neutrality is near net zero understanding: just one in four Americans knows what the term refers to, and just one in 10 Americans has positive feelings about it. In addition, a majority of Americans think `the government should not take a stronger and more active role in overseeing and regulating the Internet.´"

The PPI describes itself in its web site as an independent think tank, that was founded in 1989 as "the original ``idea mill´´ for President Bill Clinton's New Democrats".

Berin Szoka, head of the Tech Freedom, stated in a release that "This poll debunks the FCC's claims that there is a groundswell of support for public utility regulation".

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