2/27. The Foreign Intelligence Surveillance Court (FISC) adopted, but did not release, an order on February 26, 2015 that once again extends the long running surveillance program based upon the bulk collection phone records.

This is the phone records surveillance program first disclosed to the public by Edward Snowden in June of 2013. See, stories in TLJ Daily E-Mail Alert No. 2,571, June 5, 2013, TLJ Daily E-Mail Alert No. 2,572, June 6, 2013, and TLJ Daily E-Mail Alert No. 2,573, June 7, 2013.

The FISC and Department of Justice (DOJ) assert that this surveillance program is authorized by Section 215 of the 2001 surveillance act.

Section 215 of Title II of the USA PATRIOT Act amended Section 501 of the Foreign Intelligence Surveillance Act (FISA), which is codified at 50 U.S.C. § 1861. Hence, this section is variously referred to as 215, 501 and 1861.

This 1861/501/215 authority did not authorize bulk collection of telephony data. Nevertheless, the DOJ has long asserted (in secrecy until Snowden made disclosures to news media) that 215 authorizes bulk collection of all records from all companies. And, the body titled "Foreign Intelligence Surveillance Court" (FISC) has made the same interpretation. Although, neither the plain meaning, legislative history, nor original understanding of this section support the interpretation of the DOJ and FISC.

Section 1861(a)(1) provides that the DOJ "may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution." (Parentheses in original.)

Section 1861(b)(2)(A) provides that "Each application ... shall include ... a statement of facts showing that there are reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation".

President Obama's news office stated in a release that this FISC order pertains to the "bulk telephony metadata program".

This release states that under this new order, "absent an emergency, the metadata can only be queried after a judicial finding that there is a reasonable, articulable suspicion that the requested selection term is associated with an international terrorist organization approved by the Court. In addition, query results must be limited to metadata within two ``hops´´ of the selection term instead of three."

The DOJ represents the federal government before the FISC. The DOJ and the Office of the Director of National Intelligence (ODNI) stated in a joint release that DNI James Clapper "declassified the fact that the government filed an application with the FISC to reauthorize the existing program until June 1, 2015, and that the FISC issued an order approving the government's application. The Government sought renewal of this authority to and including June 1, 2015".

The FISC did not release either an order or an opinion on February 26, 2015. The FISC conducts proceedings, absent a case or controversy, and in secret. These are non-adversarial proceedings in which the government appears and argues ex parte.

The original 2001 Act sunsetted numerous provisions in Title II. Most of these have been made permanent, but not Section 215. It is currently set to expire on June 1, 2015. See, related story in this issue titled "Obama Seeks Extension of Section 215 Sunset".

The House passed a bill last year to impose some limits on this program. See, HR 3361 [LOC | WW], the "USA Freedom Act". See also, stories titled "House to Consider Bill to Limit Bulk Data Collection", "Analysis: HR 3361 and Bulk Collection of Data", and "Analysis: HR 3361 and Encryption Back Door Mandates" in TLJ Daily E-Mail Alert No. 2,660, May 20, 2014.

The Senate considered, but did not pass, a related bill late in the 113th Congress. The Senate version was S 2685 [LOC | WW]. See also, stories titled "Sen. Leahy Introduces Senate Version of USA FREEDOM Act", "Analysis of the USA FREEDOM Act's Bulk Data Collection Provisions", and "Analysis of the USA FREEDOM ACT's Special Advocates Provision" in TLJ Daily E-Mail Alert No. 2,683, July 30, 2014.

Sen. Patrick Leahy (D-VT), the ranking Democrat on the SJC, stated in a release that "The FISA Court's reauthorization of the NSA's bulk collection program yesterday should be its last."

Sen. Leahy continued that "Senate Republicans who filibustered the USA FREEDOM Act last year will no longer be able to punt on one of the most important issues affecting Americans' privacy rights when three sections of the Foreign Intelligence Surveillance Act expire this June. Rather than forcing a standoff that will threaten our national security, as some Republicans are currently doing when it comes to funding our Department of Homeland Security, they should support legislation that protects our privacy and ensures that our intelligence community has the tools that it needs to keep our country safe."

2/27. President Obama's news office stated in its February 27, 2015 release announcing the extension of the "bulk telephony metadata program" that the purported authority, Section 215, is set to expire on June 1, 2015, and that the Obama "Administration continues to stand ready to work with the Congress" to extend it before then.

Section 215 of the 2001 surveillance act, which amended Section 501 of the Foreign Intelligence Surveillance Act (FISA), which is codified at 50 U.S.C. § 1861, enables the Department of Justice (DOJ) to obtain "books, records, papers, documents, and other items". It is important because, while it does not authorize bulk collection of phone records, the DOJ and Foreign Intelligence Surveillance Court (FISC) in both the Bush and Obama administrations have proceeded as if it does.

Moreover, while Section 215 requires the DOJ to obtain a court order, its sets a very low standard, and deprives the court of discretion. Section 1861provides that if the government submits an application to the court that states that there are "reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation", then the "judge shall enter an ex parte order as requested".

As of now, Section 215 is set to expire on June 1, 2015. There are enough votes in both the House and Senate to extend the expiring provisions. And, President Obama will sign an extension bill. The Congress continues to sunset these provisions, in part, to provide the HJC and Senate Judiciary Committee (SJC) a means to obtain some information and cooperation from government to support their oversight activities.

There is little doubt that the Congress will extend the Section 215 sunset. At issue is for how long, and what limitations, if any, will be placed upon the exercise of bulk data collection, storage and access.

Legislative History. Section 224 in the 2001 surveillance act (which was enacted as Title II of USA PATRIOT Act) provided that Section 215 expired on December 31, 2005.

USA PATRIOT Act is an acronym for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001". It was passed quickly after the terrorist attacks of September 11, 2001 by the 107th Congress as HR 3162. It became Public Law 107-56 on October 26, 2001.

In the 109th Congress, HR 3199, the "USA PATRIOT Improvement and Reauthorization Act of 2005", extended the Section 215 sunset to December 31, 2009.

In the 111th Congress, HR 3326 [LOC | WW], the "Department of Defense Appropriations Act, 2010", at Division B, Section 1004, extended the sunset to February 28, 2010.

In the 111th Congress, HR 3961 [LOC | WW], extended the sunset to February 28, 2011. See, story titled "House and Senate Extend Expiring Surveillance Provisions" in TLJ Daily E-Mail Alert No. 2,054, March 3, 2010.

In the 112th Congress, HR 514 [LOC | WW], the "FISA Sunsets Extension Act of 2011", extended the sunset for three months to May 27, 2011.

And then S 990 [LOC | WW], the "PATRIOT Sunsets Extension Act of 2011", extended the sunset to June 1, 2015. This is the sunset that is now in effect.

For an explanation of Section 215 and the two other sunsetted provisions (lone wolf and roving wiretaps) extended in 2011, see story titled "House and Senate Extend Expiring Surveillance Provisions" in TLJ Daily E-Mail Alert No. 2,054, March 3, 2010.

For more on the Congressional debate in the 112th Congress associated with the last extension of the Section 215 sunset, see, HR 1800 [LOC | WW], the "FISA Sunsets Reauthorization Act of 2011", which the House Judiciary Committee (HJC) approved on May 11, 2011, and stories titled "House Judiciary Committee to Mark Up Surveillance Sunsets Bill" in TLJ Daily E-Mail Alert No. 2,237, May 10, 2011, "House Crime Subcommittee Holds Hearing on Extending Surveillance Provisions" in TLJ Daily E-Mail Alert No. 2,239, May 12, 2011, "House Judiciary Committee Approves Bill to Extend Three Provisions of Surveillance Law" in TLJ Daily E-Mail Alert No. 2,240, May 13, 2011, and "Senate to Take Up Surveillance Law Extensions" in TLJ Daily E-Mail Alert No. 2,244, May 18, 2011.

2/27. Rep. Jason Chaffetz (R-UT), Rep. Tulsi Gabbard (D-HI) and others introduced HR 707 [LOC | WW], the "Restoration of America's Wire Act", on February 4, 2015. This bill pertains to internet gambling.

The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, Homeland Security, and Investigations is scheduled to hold a hearing on this bill on Thursday, March 5, at 9:30 AM. See, notice.

Outline of this Article:
  Introduction.
  Letter from State Attorneys General.
  Bill Summary.
  Analysis of the DOJ Advisory Opinion.
  Internet Gambling Protectionism.
  More Legislative History.

Introduction. The federal Wire Act, which is codified at 18 U.S.C. § 1084, does not illegalize gambling. No federal statute illegalizes gambling. The subject is left to the states. In some states the gambling sector is a major component of the local economy, and supplies a critical part of the tax revenues. Many states and localities are providers of lotteries or other gambling services, which raise substantial revenues for government operations.

The Wire Act only illegalizes the use of interstate wire communications in gambling businesses. It provides, in part, that "Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both."

This legal regime made some sense at a time when gambling businesses operated in physical brick and mortar facilities. This regime makes less sense, and the meaning of the Wire Act has become more ambiguous, with the widespread development of online gambling services. Nevertheless, prior to 2011 the Department of Justice (DOJ) construed the Wire Act to cover all forms of gambling over the internet.

The present bill is narrowly targeted. It responds to a advisory opinion written by the Department of Justice (DOJ) in 2011 regarding the Wire Act for benefit of the states of New York and Illinois.

The DOJ wrote that "interstate transmissions of wire communications that do not relate to a ``sporting event or contest,´´ ... fall outside of the reach of the Wire Act."

The DOJ concluded that "Given that the Wire Act does not reach interstate transmissions of wire communications that do not relate to a ``sporting event or contest,´´ and that the state-run lotteries proposed by New York and Illinois do not involve sporting events or contests, we conclude that the Wire Act does not prohibit the lotteries described in these proposals."

The sponsors of this bill seek undo the harms that they perceive to have already occurred, and to be forthcoming, as a result of that DOJ advisory opinion.

Rep. Chaffetz (at right) stated in a release that "In yet another example of executive branch overreach, the DOJ crossed the line by making what amounts to a massive policy change without debate or input from the people or their representatives. We must restore the original interpretation of the Wire Act. If there is justification and support for a change, the Constitution designates Congress as the body to debate that change and set that policy".

Rep. Gabbard stated in this release that the Congress "should not allow bureaucrats to unilaterally change the law behind closed doors. Until that debate takes place, Congress must restore the long-standing interpretation of the Wire Act. The FBI and state Attorneys General from different parts of the country have raised multiple concerns about this new change. This bill restores protections against criminal activity which existed in the pre-2011 interpretation of the law".

That Rep. Chaffetz and Rep. Gabbard have introduced this bill might be explained in part by the fact that Utah and Hawaii are the only two states that prohibit all forms of gambling. Three of the four Representatives from Utah are sponsors.

Historically, bills to limit internet gambling have drawn greater support from Republicans and social conservatives. There are twelve other sponsors of this bill. All but one -- Del. Pedro Pierluisi (D-PR) -- are Republicans.

The bill responds to an advisory opinion issued by the DOJ for the benefit of the states of New York and Illinois. None of the sponsors represent either of those states. A letter from 15 state Attorneys General (AG) that complains about the DOJ advisory opinion adds that "Nevada, New Jersey and Delaware have already passed legislation legalizing various forms of internet gambling". None of the sponsors represent any of these states either.

Rep. Chaffetz and most of the sponsors of the bill are members of the House Judiciary Committee (HJC), which has jurisdiction over this bill.

Rep. Bob Goodlatte (R-VA), the Chairman of the HJC, has a history of sponsoring anti-internet gambling legislation.

The Senate Judiciary Committee (SJC) includes both Senators from Utah, and many social conservatives likely to be ill disposed to internet gambling. The Vermont AG signed the letter complaining about the DOJ advisory opinion. Sen. Patrick Leahy (D-VT) is the ranking Democrat on the SJC. Before his election to the Senate in 1974, he was a State's Attorney (prosecutor) in Vermont.

On the other hand, three of the SJC Democrats represent states on the other side of this issue. The DOJ advisory opinion was written for the benefit of New York and Illinois, and Sen. Charles Schumer (D-NY) and Sen. Richard Durbin (D-IL) are both senior members of the SJC. Also, Delaware has passed an internet gambling statute, and Sen. Chris Coons (D-DE) sits on the SJC.

Letter from State Attorneys General. A collection of 15 state Attorneys General (and the Attorney General of the territory of Guam) wrote a letter to the leaders of the HJC and SJC on February 4, 2015 asking that "Congress restore the decades-long interpretation of the Wire Act".

The AGs wrote that "For years, the federal government had consistently deemed the Wire Act to prohibit all forms of gambling involving interstate wire transmissions -- including transmissions over the Internet. In late 2011, reversing its own longstanding interpretations, the DOJ's Office of Legal Council issued a legal opinion stating that the Wire Act only bans sports betting, and that it does not apply to online lottery sales. The impact of this opinion -- which in effect opens the door to the spread of Internet gambling -- will have a potentially significant impact on state and local law enforcement."

They explained that "Since the 2011 opinion, Nevada, New Jersey and Delaware have already passed legislation legalizing various forms of internet gambling. The rules now vary in each of these jurisdictions, and given the inherently interstate nature of internet gambling transactions, we anticipate that it will become increasingly difficult to effectively regulate such conduct as additional jurisdictions consider legalizing internet gambling."

The 15 AGs represent the states of Utah, Hawaii, Missouri, Nebraska, Arizona, South Carolina, Florida, Kansas, Michigan, Montana, North Dakota, South Dakota, Texas, Vermont, and Wyoming.

Bill Summary. HR 707 would amend subsection 1084(a) to read as follows: "Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, any bet or wager, or information assisting in the placing of any bet or wager, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, result of any bet or wager or for information assisting in the placing of bets or wagers placing of any bet or wager, shall be fined under this title or imprisoned not more than two years, or both."

HR 707 would also add this definitional clause. "the term `uses a wire communication facility for the transmission in interstate or foreign commerce of any bet or wager' includes any transmission over the Internet carried interstate or in foreign commerce, incidentally or otherwise".

This would do more than undo the DOJ's 2011 advisory opinion. For example, under the Wire Act there is uncertainty as to whether internet transmissions via a combination of wireline and wireless radio frequency technology is covered by the Wire Act. HR 707 would clarify that it is.

HR 707 would also provide that "Nothing in this Act, or the amendments made by this Act, shall be construed ... to alter, limit, or extend ... the ability of a State licensed lottery retailer to make in-person, computer-generated retail lottery sales under applicable Federal and State laws in effect on the date of the enactment of this Act". That is, it would grandfather certain existing online lotteries licensed by a state.

Analysis of the DOJ Advisory Opinion. The DOJ document at issue purports to be a "Memorandum Opinion for the Assistant Attorney General, Criminal Division". Nominally, it is an opinion issued to another unit of the DOJ. However, it would be more accurate to describe it as an advisory opinion issued to the states of New York and Illinois.

The DOJ has not authority to issue advisory opinions to states on internet gambling.

The advisory opinion is dated September 20, 2011. It is signed by Virginia Seitz (at right), the then Assistant Attorney General in charge of the DOJ's Office of Legal Counsel (OLC). Although, she had only just been sworn into office at the time, and the letter had long been in the works before her appointment.

The OLC is an office within the DOJ. It provides legal advice to the Attorney General. The DOJ represents the federal government. It does not represent or provide advice to persons or entities outside of the federal government. For this reason, there is some merit to Rep. Chaffetz's allegation that this is "executive branch overreach".

The OLC is a small office compromised of some of the brightest lawyers in the DOJ. They are selected not only for their superior legal skills, but also for their adherence to the judicial philosophy of the Attorney General and President, if not also for their political loyalty.

If two different executive branch departments reach conflicting legal opinions on laws jointly executed by both departments, cabinet secretaries do not sue each other. It is often a legal opinion of the OLC that resolves the conflict. The OLC is often at is best when performing this function. The OLC is also called upon to write legal opinions on some of the most complex issues. Moreover, OLC veterans have go one to become Attorney General, U.S. Court of Appeals Judges and Supreme Court Justices.

However, the OLC is also often tasked with some of the most political assignments, in which the OLC does not render expert independent legal analysis, but rather put words to a conclusion already reached by the President or Attorney General. Seitz's opinion on recess appointments was such example. The issuance of the internet gambling advisory opinion might also be viewed as one of these political functions.

Some states, viewing revenues to be collected from online lotteries, sought a change in the law to enable them to do so. But, there was not enough support in the Congress to pass a bill. So, they sought a change in the law -- essentially legislative in nature -- via the executive action of an advisory opinion. And, President Obama gave it to them.

The DOJ/OLC letter is not consistent with prior DOJ interpretation of the Wire Act. Also, it does not necessarily follow from the plain meaning of the Wire Act.

It is however, consistent with the U.S. government's history across administrations of protecting and promoting certain U.S. based gambling business, while prejudicing foreign based gambling businesses.

Internet Gambling Protectionism. The World Trade Organization (WTO) has held that the U.S. has violated its trade treaty obligations by discriminating against foreign based internet gambling businesses, while protecting U.S. based internet gambling.

For more detail on the history of this proceeding, see the following TLJ stories:

• "WTO Panel Instructs Congress to Amend Wire Act to Legalize Internet Gambling" in TLJ Daily E-Mail Alert 1,016, November 11, 2004.
• "WTO Appellate Body Upholds U.S. Laws Affecting Internet Gambling" in TLJ Daily E-Mail Alert No. 1,111, April 8, 2005.
• "Allgeier Addresses Trade Agreements and Internet Gambling" in TLJ Daily E-Mail Alert No. 1,118, April 19, 2006.
• "OUSTR Seeks Comments on Internet Gambling" in TLJ Daily E-Mail Alert No. 1,472, October 20, 2006.
• "OUSTR Invokes GATS Article XXI in WTO Internet Gambling Dispute" in TLJ Daily E-Mail Alert No. 1,577, May 8, 2007.
• "OUSTR Seeks Comments on GATS Article XXI and Internet Gambling" in TLJ Daily E-Mail Alert No. 1,610, July 17, 2007.
• "WTO Allows Offshore Nation not to Enforce US IPR as Damages for US Protection of Onshore Internet Gambling" in TLJ Daily E-Mail Alert No. 1,692, December 21, 2007.
• "WTO Authorizes Antigua and Barbuda to Infringe US IP Rights" in TLJ Daily E-Mail Alert No. 2,516, January 30, 2013.

Also, the DOJ, across the Bush and Obama administrations ruthlessly prosecuted BetOnSports and Gary Kaplan for their foreign based internet gambling operations. See, story titled "Pioneer of Offshore Internet Gambling Pleads Guilty to RICO and Wire Act Charges" in TLJ Daily E-Mail Alert No.1,978, August 18, 2009.

The DOJ also ruthlessly shut down foreign based online poker businesses (a form of non-sports based gambling) in 2011 in the U.S. District Court for the Southern District of New York, at the same time that it was drafting the advisory opinion stating the New York could provide or license non-sports based internet gambling services. The DOJ, among other things, shut down the businesses, with ex parte domain name seizures.

The criminal action was U.S.A. v. Isai Scheinberg, Raymond Bitar, Scott Tom, Brent Beckley, Nelson Burtnick, Paul Tate, Ryan Lang, Bradley Franzen, Ira Rubin, Chad Elie, and John Campos, U.S. District Court for the Southern District of New York, D.C. No. S3 10 Cr. 336 (LAK).

The civil action was U.S.A. v. Pokerstars, Full Tilt Poker, Obsolute Poker, Ultimate Bet, Oldford Group Ltd., Rational Entertainment Enterprises Ltd., Spene International Ltd., Tiltware LLC, Kolyma Corporation A.V.V., Pocket Kings Ltd, Pocket Kings Consulting Ltd., Filco Ltd., SGS Systems Inc., Trust Services Ltd., Fiducia Exchange Ltd., Blue Water Services Ltd., Absolute Entertainment, S.A., and Blanca Games, Inc. of Antigua.

Neither the Kaplan nor the Schneinberg cases alleged that the gambling businesses were fraudulent or cheating their customers. The actions were brought, and pursued with vigor, at bottom, because the businesses were foreign based.

More Legislative History. The Congress has been considering internet gambling bills on and off for almost two decades. Thus, there is a long and relevant history.

When the web become popular late in the 20th Century, businesses quickly offered online gambling services online. This was quickly followed by efforts to pass legislation to prohibit, or at least limit, internet gambling. Former Sen. Jon Kyl (R-AZ) was one of the leaders of this effort in the Senate. Rep. Bob Goodlatte (R-VA), then a junior member, was one of the leaders in the House. There were numerous bills, hearings, and other action on bills to prohibit or limit internet gambling from the 105th through 108th Congresses. However, none was enacted into law.

Opponents of online gambling took a different approach in the 109th Congress, and succeeded in enacting into law the Unlawful Internet Gambling Enforcement Act (UIGEA).

The UIGEA, which is codified at 31 U.S.C. § 5361-5367, is an attempt to stop certain internet gambling by regulating the financial transactions that fund what already constitutes unlawful internet gambling. However, the UIGEA does not make internet gambling illegal. It provides that no one engaged in the "business of betting or wagering" may knowingly accept certain financial transactions, including checks, electronic fund transfers, and credit card debt, in connection with "unlawful Internet gambling".

See also, story titled "House Approves Unlawful Internet Gambling Enforcement Act" in TLJ Daily E-Mail Alert No. 1,408, July 11, 2006, and story titled "House Financial Services Committee Approves Internet Gambling Bill" in TLJ Daily E-Mail Alert No. 1,330, March 16, 2006.

Former Rep. Barney Frank (D-MA) then endeavored, without success, to enact a bill to allow, license, and tax certain internet gambling.

Rep. Frank introduced HR 2046, the "Internet Gambling Regulation and Enforcement Act of 2007", in the 110th Congress. That bill was not passed by either the House or Senate, or any Committee. For a detailed summary, see story titled "Rep. Frank Introduces Bill to Facilitate Licensed Internet Gambling" in TLJ Daily E-Mail Alert No. 1,574, May 3, 2007.

Rep. Frank also introduced HR 2267 [LOC | WW], the "Internet Gambling Regulation, Consumer Protection, and Enforcement Act", in the 111th Congress. The HFSC approved HR 2267 on July 29, 2010, by a vote of 41-22. However, the full House did not take up this bill.

See also, HR 2268 (111th Congress) [LOC | WW], the "Internet Gambling Regulation and Tax Enforcement Act of 2009", HR 4976 (111th Congress) [LOC | WW], the "Internet Gambling Regulation and Tax Enforcement Act of 2010", S 1597 (111th Congress) [LOC | WW], the "Internet Poker and Game of Skill Regulation, Consumer Protection, and Enforcement Act of 2009".

The House will meet at 12:00 NOON for morning hour, and at 12:00 PM for legislative business. The House will consider non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. McCarthy's schedule.

The Senate will meet at 2:00 PM.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Allvoice Developments v. Microsoft, App. Ct. No. 14-1258. This is an appeal from the U.S. District Court (WDWash) in a patent infringement case involving speech recognition technology. See, December 23, 2013 order. Panel A. This case is the third of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in SynQor v. Artesyn Technologies, App. Ct. No. 14-1459. This is an appeal from the U.S. District Court (EDTex) in a patent infringement case involving power converter systems used to power circuitry in large computer systems and telecommunication and data communication equipment. Panel B. This is the second of four cases on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Mayfair Wireless v. Cellco Partnership, App. Ct. No. 14-1587. This is an appeal from the U.S. District Court (DDel) in a patent infringement case. Panel B. This case is the third of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Fuzzysharp Technologies v. Intel, App. Ct. No. 14-1261. This is an appeal from the U.S. District Court (NDCal) in a patent infringement case. Panel B. This case is the fourth of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Medtrica Solutions v. Steris, App. Ct. No. 14-1400. This is an appeal from the U.S. District Court (WDWash) in a patent infringement case. The patent in suit is not ICT related. However, there is a post Octane Fitness attorneys fees issue. Panel C. This is the second of four cases on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Gametek v. Zynga, App. Ct. No. 14-1620. Panel E. This case is the second of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in eTAGZ v. Flambeau, App. Ct. No. 14-1285, an appeal from the U.S. District Court (DUtah). Panel E. This case is the third of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

1:30 - 3:00 PM. The Center for Strategic and International Studies (CSIS) will host a panel discussion titled "Driving the Internet of Things". The speakers will be Kevin Vincent (National Highway Traffic Safety Administration), Michael Westra (Ford Motor Company), Nitesh Dhanjani (Ernst & Young). Webcast. See, notice. Location: CSIS, 1616 Rhode Island Ave., NW.

2:00 - 2:45 PM. The American Enterprise Institute (AEI) will host an event titled "The Path Ahead for US Internet Policy: A Conversation with Representative Greg Walden". Free. Open to the public. Live and archived webcast. See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

3:30 PM. Jeff Pulver, Charlie Giancarlo, George Gilder and Bryan Martin will host a teleconferenced event titled "Reaction and Analysis Regarding the FCC Net Neutrality Order". These four (and Mark Cuban and Daniel Berninger) submitted a comment to the FCC on January 22, 2015 in this proceeding (GN Docket No. 14-28) The dial in numbers are 866-952-1906 or 785-424-1825.

4:00 PM. The House Judiciary Committee's (HJC) Subcommittee on the Regulatory Reform, Commercial and Antitrust Law will hold a hearing three bills: HR 348 [LOC | WW], the "Responsibly And Professionally Invigorating Development Act of 2015", or "RAPID Act"; HR 712 [LOC | WW], the "Sunshine for Regulatory Decrees and Settlements Act of 2015"; and HR 1155 [LOC | WW], the "Searching for and Cutting Regulations that are Unnecessarily Burdensome Act of 2015", or "SCRUB Act". The RAPID Act, which would amend the National Environmental Policy Act (NEPA), is primarily directed at regulation of the oil and gas industry, but may also impact bird based regulation of communications. This is a reintroduction. See, HR 2641 [LOC | WW] (113th Congress) and HR 4377 [LOC | WW] (112th Congress). The witnesses will be William Kovacs (U.S. Chamber of Commerce), Sam Batkins (American Action Forum), Patrick McLaughlin (Mercatus Center at George Mason University), and Amit Narang (Public Citizen). Webcast. See, notice. Location: Room 2141, Rayburn Building.

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

Deadline to submit comments to the Securities and Exchange Commission's (SEC) Advisory Committee on Small and Emerging Companies in advance of its March 4, 2015 meeting to discuss "rules and regulations affecting small and emerging companies under the federal securities laws". See, notice in the Federal Register, Vol. 80, No. 31, February 17, 2015, at Pages 8374-8375.

The House will meet at 9:30 AM, but adjourn immediately. At 10:45 AM, Benjamin Netanyahu (Prime Minister of Israel) will address the House. The legislative schedule for the week includes consideration of several non-technology related bills. See, Rep. McCarthy's schedule.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "China's Hundred Year Marathon with the United States". The speakers will be Stephen Ezell (ITIF), Richard D'Aveni (Dartmouth College business school), Michael Pillsbury (Hudson Institute), and Patrick Mulloy (Center for National Policy). Free. Open to the public. Webcast. See, notice. Location: ITIF/ITIC, Suite 610, 1101 K St., NW.

10:00 AM. The House Judiciary Committee (HJC) will meet to mark up four immigration related bills. However, these bills, like President Obama's actions, do not address either STEM visas or H1B visas. One bill on the agenda, HR 1147 [LOC | WW | PDF], the "Legal Workforce Act", would, among other things, make the E-Verify regime mandatory. Webcast. This is the first day of a two day mark up. HR 1147 is the first item on the agenda. Webcast. This is the first day of a two day mark up. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Automated Merchandising v. Lee, App. Ct. No. 14-1728. This is an appeal from the U.S. District Court (EDVa). Panel D. This cased is the third of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Sealant Systems International v. TEK Global, App. Ct. No. 14-1405, an appeal from the U.S. District Court (NDCal) in a patent infringement case. The patent in suit is not ICT related. However, the District court granted injunctive relief to a patent owner who is not practicing or licensing the patent in suit. See, the Supreme Court's 2006 opinion in eBay v. MercExchange. Panel F. This case is the second of two on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 1:00 PM. The Proskauer law firm will host a webcast seminar titled "Managing the Risk of Cyber Liabilities and Operations Disruption: Responsibilities of the Board of Directors". The speakers will be Margaret Dale, John Failla, Steven Gilford, and Kristen Mathews (all of Proskauer). CLE credits.

12:30 - 2:00 PM. The American Intellectual Property Law Association (AIPLA) will host a webcast panel discussion titled "Best Practices to Secure Allowance of Patent Application Claims Using Evidence". The speakers will be Courtenay Brinckerhoff (Foley & Lardner), Mary Till (USPTO), and Anthony Son (Andrews Kurth). CLE credits. The price ranges from $95 to $135. See, notice.

1:30 - 2:30 PM. The American Bar Association (ABA) will host a panel discussion titled "The New Net Neutrality Rules: How Have Other Regulated Fields Tackled Similar Issues?". The speakers will be David Meyer (Morrison & Foerster), Ray Atkins (Sidley & Austin), Sam Feder (Jenner & Block), and Sandra Rizzo (Arnold & Porter). The price to attend ranges from free to $25. No CLE credits. See, notice. Location: Morrison & Foerster, 6th floor, 2000 Pennsylvania Ave., NW.

2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "Understanding the Cyber Threat and Implications for the 21st Century Economy". The witnesses will be __. Webcast. See, notice. Location: Room 2322, Rayburn Building.

2:00 PM. The House Appropriations Committee's (HAC) 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 H-309, Capitol Building.

2:30 - 4:30 PM. The Federalist Society and Georgetown University will host an event titled "Diversity Jurisdiction: Where Should Court Battles Be Fought?". The speakers will include Judge Diane Wood (U.S. Court of Appeals (7thCir)). Free. No CLE credits. Location: Hart Auditorium, Georgetown University Law Center, 600 New Jersey Ave., NW.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The schedule for the week includes consideration of several non-technology related bills. See, Rep. McCarthy's schedule.

8:00 AM. The Economic Club of Washington will host an event at which Michael Dell will speak. Breakfast will be served at 8:00 AM. The program will begin at 8:25 AM. Location: Fairmont Washington DC Georgetown Hotel, Grand Ballroom, 2401 M St., NW.

8:45 AM - 12:30 PM. The Brookings Institution (BI) will host an event titled "Can Forces Align to Use Health IT to Improve Care and Lower Costs?". Free. Open to the public. Webcast. See, notice. Location: BI, 1775 Massachusetts Ave., NW.

9:00 AM. The House Science Committee (HSC) will meet to mark up several research related bills: HR 1119 [LOC | WW], the "Research and Development Efficiency Act", HR __, the "International Science and Technology Cooperation Act of 2015", HR __, the "Science Prize Competitions Act", HR  __, the "Department of Energy Laboratory Modernization and Technology Transfer Act of 2015", and HR 874 [LOC | WW], the "American Super Computing Leadership Act". See, notice. Location: Room 2318, Rayburn Building.

9:30 AM. The Securities and Exchange Commission's (SEC) Advisory Committee on Small and Emerging Companies will meet to discuss "rules and regulations affecting small and emerging companies under the federal securities laws". See, notice in the Federal Register, Vol. 80, No. 31, February 17, 2015, at Pages 8374-8375. Location: SEC, Multi-Purpose Room LL-006, 100 F St., NE.

10:00 AM. The House Judiciary Committee (HJC) will meet to mark up four immigration related bills. However, these bills, like President Obama's actions, do not address either STEM visas or H1B visas. One bill on the agenda, HR 1147 [LOC | WW | PDF], the "Legal Workforce Act", would, among other things, make the E-Verify regime mandatory. Webcast. This is the second day of a two day mark up. HR 1147 is the first item on the agenda. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee (SHSGAC) will meet to mark up numerous bills, including HR 615 [LOC | WW], the "Department of Homeland Security Interoperable Communications Act", and S  280 [LOC | WW], the "Federal Permitting Improvement Act of 2015". Webcast. See, notice. Location: Room 342, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Board of Trustees v. Micron Technology, App. Ct. Nos. 14-1509, 14-1509 and 14-1509. This is an appeal from the USPTO. Panel G. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Apple v. Samsung Electronics, App. Ct. No. 14-1802. Panel G. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Barron v. SCVNGR, App. Ct. No. 14-1708, an appeal from the U.S. District Court (DMass) in a patent infringement case involving U.S. Patent No. 7,499,873 titled "Communication Through a Financial Services Network". See, July 7, 2014 summary judgment memorandum. This case is the third or four on the schedule. Panel I. This case is the third of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Reauthorization of the Federal Communications Commission: The FCC’s FY 2016 Budget Request". The witness will be Jon Wilkins (FCC). Webcast. See, notice. Location: Room 2322, Rayburn Building.

12:00 NOON - 2:15 PM. The New America Foundation (NAF) will host a panel discussion titled "Will Technology Put an End to Disability?". The speakers will be Jennifer French, Larry Jasinksi, Will Oremus, Gregor Wolbring, Julia Bascom, Teresa Burke, and Lawrence Long. Free. Open to the public. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

12:30 - 1:30 PM. The American Intellectual Property Law Association (AIPLA) will host a webcast panel discussion titled "Look out! The States Are Watching Your Patent Demand Letters!". The speakers will be Sharon Israel (Mayer Brown), Dennis Skarvan (Caterpillar), Erik Jones (Illinois Attorney General's Office), and Vince Garlock (AIPLA). No CLE credits. Prices vary. See, notice.

2:00 - 5:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Asia and the Pacific will hold a hearing titled "The Trans-Pacific Partnership: Prospects for Greater U.S. Trade". The witnesses will be Claude Barfield (American Enterprise Institute), Tami Overby (U.S. Chamber of Commerce), and Scott Miller (Center for Strategic and International Studies). See, notice. Location: Room 2172, Rayburn Building.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies will hold a hearing titled "Industry Perspectives on the President’s Cybersecurity Information Sharing Proposal". The witnesses will be __. See, notice. Location: Room 311, Cannon Building.

6:00 - 9:15 PM. The DC Bar Association will host a program titled "Introduction to Export Controls". The speakers will be Carol Kalinoski and Thomas Scott (Ladner & Associates). The price to attend ranges from $89 to $129. CLE credits. No webcast. 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.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The schedule for the week includes consideration of several non-technology related bills. See, Rep. McCarthy's schedule.

9:00 AM. The House Intelligence Committee (HIC) will hold a hearing titled "The Growing Cyber Threat and its Impact on American Business". The witnesses will be __. See, notice. Location: Room HVC-210, Underground Capitol Building.

9:00 AM. The House Financial Services Committee's (HFSC) Subcommittee on Capital Markets and Government Sponsored Enterprises will hold an oversight hearing on the Securities and Exchange Commission's (SEC) Division of Enforcement. See, notice. Location: Room 2167, Rayburn Building.

9:00 AM - 4:00 PM. The Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 224, Airport Security Access Control Systems, will meet. See, notice in the Federal Register, Vol. 80, No. 29, February 12, 2015, at Page 7907-7908. Location: RTCA, Suite 910, 1150 18th St., NW.

9:30 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, Homeland Security, and Investigations will hold a hearing on HR 707 [LOC | WW], the "Restoration of America's Wire Act". This bill pertains to internet gambling. The witnesses will be __. Webcast. See, notice. Location: Room 2141, Rayburn Building.

9:30 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. Live and archived webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Belden v. Berk-Tek, App. Ct. Nos. 14-1676 and 14-1677, appeals from the U.S. Patent and Trademark Office's (USPTO) Patent and Trial Appeal Board (PTAB) in an inter partes review of a patent regarding data cable technology. Panel K. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Technical Advisory Committee will hold an on site and teleconferenced meeting. Open to the public. See, notice in the Federal Register, Vol. 80, No. 32, February 18, 2015, at Pages 8591-2. Location: Room 3884, Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

10:00 AM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. See, notice in the Federal Register, Vol. 80, No. 32, February 18, 2015, at Pages 8646-8647. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:00 NOON - 2:00 PM. The Center for Strategic and International Studies (CSIS) will host a panel discussion titled "Information Sharing for Cybersecurity". The speakers will be Michael Daniel (EOP NSC Cybersecurity Coordinator), Tim Roxey (North American Electric Reliability Corporation), Shane McGee (FireEye, Inc.), Greg Nojeim (Center for Democracy and Technology), and Katherine Konieczny (Department of Energy). Webcast. See, notice. Location: CSIS, 1616 Rhode Island Ave., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch titled "A Globally Neutral Net: Discussion and Comparison of International Approaches and Global Norms for Net Neutrality". The speakers will be Sheba Chacko (BT), Andrea Glorioso (EU Delegation), Christopher Libertelli (Netflix), Matthew Del Nero (FCC), Erik Stallman (CDT), and Praveen Goyal (Hogan Lovells). Free. Bring your own lunch. No CLE credits. No webcast. See, notice. Location: Hogan Lovells, Conference Room C406, 555 13th St., NW.

2:00 - 3:00 PM. Day one of a two day meeting of the Department of Commerce's (DOC) National Advisory Council on Innovation and Entrepreneurship Meeting. Open to the public. See, notice in the Federal Register, Vol. 80, No. 30, February 13, 2015, at Pages 8058-9. Location: Room 4830, Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters. No webcast. See, notice. Location: Room 219, Hart Building.

3:00 - 7:15 PM. (1:00 - 5:15 PM MT). The University of Colorado Law School's (UCLS) Silicon Flatirons will host an partially webcast event titled "Innovation in the Creation and Distribution of Content". There will be two panels, titled "Innovation in the Creation of Content" and "Innovation in the Distribution of Content", followed by a speech by Maria Palante (Register of Copyright). Live webcast of the panels only. CLE credits. Location: UCLS, Boulder, Colorado.

Deadline to submit petitions for exemption to the Federal Communications Commission (FCC) in response to its Public Notice (PN) announcing the top five nonbroadcast networks for the purposes of the FCC's video description rules (VDR). The VDRs mandate that multichannel video programming distributor (MVPD) systems that serve 50,000 or more subscribers must provide 50 hours of video description per calendar quarter during prime time or children's programming on each of the top five national nonbroadcast networks. This PN announces that the top five are USA, Disney Channel, TNT, Nickelodeon, and TBS. Any program network that believes it should not be in this top five may file a petition for exemption. The FCC's Media Bureau (MB) released this PN on January 7, 2015. It is DA 15-18 in MB Docket No. 11-43. See also, notice in the Federal Register, Federal Register, Vol. 80, No. 22, February 3, 2015, at Pages 5749-5750.

The House may meet, but in pro forma session only. See, Rep. McCarthy's schedule.

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

8:30 AM - 1:00 PM. Day two of a two day meeting of the Department of Commerce's (DOC) National Advisory Council on Innovation and Entrepreneurship Meeting. Open to the public. See, notice in the Federal Register, Vol. 80, No. 30, February 13, 2015, at Pages 8058-9. Location: Room 4830, Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

9:00 - 11:00 AM. The US Telecom will host an event titled "National Cybersecurity Policy Forum". Sen. Ron Johnson (R-WI) will give an opening speech. At 9:30 AM, there will be a panel titled "Information Sharing & Initiatives". The speakers will be Ari Schwartz (EOP's National Security Council), Charlie Mitchell (Inside Cybersecurity), Christopher Boyer (AT&T), Tony Sager (Center for Internet Security), and David Turetsky (Akin Gump). At 10:15 AM, there will be a panel titled "NIST Cybersecurity Framework: Next Steps". The speakers will be Adam Sedgewick (NIST), David Perera (Politico), Larry Clinton (Internet Security Alliance), Brian Finch (Pillsbury Winthrop), Kevin Morley (American Water Works Association), and Jesse Ward (NTCA The RuralBroadband Association). . Free. Open to the public. Webcast. See, notice. Location: National Press Club, First Amendment Lounge, 13th floor, 529 14th St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in TMI Products v. Rosen Entertainment Systems, App. Ct. No. 14-1553, an appeal from the U.S. District Court (CDCal) in a patent infringement case. The patents in suit relate to electronics in car headrests, but at issue is the enforceability of a waiver of the defense of invalidity in a licensing agreement. Panel N. This case is the first of three on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 - 11:30 AM. The New America Foundation (NAF) will host a panel discussion titled "Electric Shock: Threats, Risks, and Vulnerabilities in the U.S. Electric Grid". The speakers will be Patricia Hoffman (Assistant Secretary of Energy), Calving Butler (CEO of Baltimore Gas and Electric), Nancy Thompson (Sacramento Municipal Utility District), Sharon Burke (NAF), and Shane Harris (NAF). Free. Open to the public. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

Deadline to submit nominations to the Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (NCOHIT) for membership on its Health Information Technology Standards Committee (HITSC). See, notice in the Federal Register, Vol. 80, No. 29, February 12, 2015, at Pages 7869-7870.

Start of Daylight Savings Time.

Deadline to submit replies to oppositions to the Petitions for Reconsideration (PR) of the FCC's January 30, 2015 report in its proceeding regarding the 600 MHz broadcast television incentive auction (GN Docket No. 12-268 and ET Docket Nos. 13-26 and 14-14) which makes determinations regarding establishing its inter-service interference methodology and associated protection standards for any television stations and new 600 MHz Band wireless licensees. See, National Association of Broadcasters' (NAB) PR and Sprint's PR. See also, notice in the Federal Register, Vol. 80, No. 28, February 11, 2015, at Page 7562.

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