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Tuesday, June 7, 2016, Alert No. 2,817.
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Senators and Representatives Criticize PRC Trade Related Policies

6/3. Sen. Orrin Hatch (R-UT), Sen. Ron Wyden (D-OR), Rep. Kevin Brady (R-TX), and Rep. Sander Levin (D-MI) sent a letter to Obama administration officials regarding barriers to free trade imposed by government in the People's Republic of China (PRC).

These Senators are the Chairman and ranking Democrat on the Senate Finance Committee (SFC) and the House Ways and Means Committee (HWMC), respectively. These Committees have jurisdiction over trade issues.

They wrote upon the occasion of the "U.S-China Strategic and Economic Dialogue" (S&ED) which is taking place in Beijing, PRC on June 5-7.

They expressed concerns about the PRC's failure to adequately protect intellectual property rights, the PRC's "localization" policies directed at information and communications technology (ICT), the PRC's mandating disclosure of intellectual property to obtain access to PRC markets, the PRC's mandating backdoors, the PRC's internet censorship regime, and the PRC's use of censorship to discriminate against U.S. companies.

They also complained about the prevalence of state owned enterprises (SOEs) in the PRC, government support for those SOEs, and the PRC's failure to move to a market based economy. They wrote that the PRC's "currency and exchange rate policies remain problematic".

The four wrote that "China's IP environment remains seriously deficient for the protection of legitimate right holders and the encouragement of innovation. China continues routinely to deny market access and other benefits to foreign firms unless they agree to license IP to a Chinese party or meet other conditions."

Also, "Trade secrets theft in China is a persistent and growing problem for U.S. companies in China, and China's trade secrets laws and enforcement regime have proven insufficient. Often, the theft of proprietary and sensitive assets results from Chinese government-sanctioned cyber-attacks on U.S. companies, which frequently are economically motivated. We understand that China is reforming its current trade secrets laws, and the importance of those reforms should be emphasized during the S&ED."

They also wrote that "The overwhelming majority of counterfeit goods entering the United States originate in China, exposing U.S. consumers to dangerous and inferior products and harming legitimate U.S. producers and their employees."

And, "China remains the greatest infringer of intellectual property rights (IPR) of U.S. producers of audiovisual content. China's enforcement against counterfeit goods and online infringement of IPR remains grossly inadequate."

They also wrote that "China's trademark registration system continues to be deliberately difficult for legitimate right holders to navigate. There are also reports of continued unjustified denials of patent applications and invalidations of existing patents, and the Chinese Food and Drug Administration reportedly is considering a change in policy that would condition regulatory approval of pharmaceutical products on the post-market pricing of drugs."

They also wrote that "China's reliance on localization polices appears to be deepening in concerning ways. In particular, China has expanded its usage of what it unjustifiably claims to be national security concerns to impose localization requirements on information and communications technology (ICT) products and to force disclosure of intellectual property (IP) as a condition of access to the Chinese market by foreign ICT providers."

"China's recent calls for what it terms ``cyber sovereignty´´ also portend similarly negative impacts on the development of and access to the digital economy. These policies would appear to exacerbate the effects of China's internet censorship regime, which contributes to discriminatory treatment of American providers of digital goods and services and impediments to the free flow of data. In addition, China continues to pursue policies that would compromise the integrity of U.S. technology companies' products and services, requiring backdoors to be installed in products sold in China and compliance with invasive audits."

Next, the four complained that the PRC "continues to use anti-monopoly law enforcement as a tool of industrial policy. We urge you to use this S&ED to seek specific commitments from China to apply its competition law on the basis of objectives that relate only to consumer welfare and in a manner respecting procedural fairness, transparency, and non-discrimination."

This letter focuses only on the conduct of government in the PRC. These four did not address the extent to which the U.S. government engages in similar activities. The U.S. government also does much to promote and protect certain U.S. based industry sectors. The U.S. government also pressures companies in the name of national security to weaken ICT security.

The U.S. government also employs antitrust proceedings to pursue industrial policy, for example, in the Federal Communications Commission's (FCC) antitrust merger reviews.

Also, the judicial branch has done much in recent years to reduce intellectual property protection in the U.S., although, the main beneficiaries and victims are based in the U.S.

House Judiciary Committee to Mark Up Bill to Undo Chevron Deference

6/7. The House Judiciary Committee (HJC) is scheduled to mark up HR 4768 [LOC | WW], the "Separation of Powers Restoration Act of 2016" at 10:00 AM on Wednesday, June 8, 2016.

This bill would expand the scope of judicial review of agency orders, thereby limiting the ability of agencies to play fast and loose with the statutes which they are tasked with implementing.

Rep. John Ratcliffe (R-TX) introduced this bill on March 16, 2016. As of June 7, this bill has over 100 sponsors. All are Republicans.

Currently, 5 U.S.C. § 706 provides, in part, that "the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action".

This bill would change this to provide that "the reviewing court shall decide de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions and rules".

The addition of the words "de novo" would make clear to the judiciary that the Supreme Court's 1984 opinion in Chevron v. Natural Resources Defense Council (467 U.S. 837) misconstrued the scope of judicial review in challenges to final orders of federal agencies. That is, reviewing courts are not to defer to agencies' interpretation of a statute, and reviewing courts are not to accord to agencies superiority in interpreting statutes.

Section 706 currently states that the court "shall decide all relevant questions of law". The Supreme Court's interpretation in Chevron is inconsistent with this clause. The Congress does not reverse court opinions. That is a judicial function. Nor does the Congress enact a statute for a second time, and attach a note to the Supreme Court stating "this time we really mean it".

Adding the words "de novo" is a redundancy. But, the redundancy makes clear to the Courts that the Supreme Court erred, and must stop deferring to agencies.

This bill would give force to former Chief Justice John Marshall's 1803 opinion in Marbury v. Madison that "It is emphatically the province and duty of the judicial department to say what the law is."

That is, the courts say what the law is, not three out of five Commissioners of the Federal Communications Commission (FCC).

Agencies such as the FCC have gamed Chevron deference to write rules that bear little resemblance to the relevant statute.

If this bill were enacted into law, one consequence might be that statutes would be interpreted closer to the plain meaning of the statutes, and closer to how the Members of Congress who drafted and voted on the statutes understood them.

This bill is sponsored by 101 Republicans, and no Democrats. Republicans control both the House and Senate. President Obama has pursued his policy objectives, not by working with, and compromising with, the Congress, but by directing his appointees at federal departments and agencies to aggressively write rules that fulfill Obama's policy objectives, even when those rules stray far from the relevant statutes.

Chevron has been controversial since it was released over thirty years ago. The impetus for this bill now is that departments and agencies are often utilizing rulemaking proceedings and Chevron deference to remove the Congress from what is essentially a legislative process.

Members of Congress benefit from Chevron deference when agencies such as the FCC act at the direction of the Congress, rather than the President. Hence, it is possible that House Republicans will loose interest in a bill of this nature as soon as Obama and officials such as Tom Wheeler leave office.

House Commerce Subcommittee to Mark Up FTC Bills

6/6. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing and Trade (SCMT) will meet at 5:00 PM on Wednesday, June 8, 2016 to mark up four Federal Trade Commission (FTC) bills. See, HCC's mark up memorandum.

The HCC's SCMT held a hearing titled "Legislative Hearing on 17 FTC Bills" on May 24, 2016. See, HCC web page for this hearing. See also, story titled "House Commerce Subcommittee to Hold Hearing on FTC Related Bills" and related stories in TLJ Daily E-Mail Alert No. 2,807, May 24, 2016.

First, the HCC's SCMT will mark up HR __ [ PDF], the "FTC Process and Transparency Reform Act of 2016". This is a composite bill that includes versions of numerous previously introduced bills.

Section 2 of this bill is titled "Unlawful Act or Practice". This is taken from HR 5115 [LOC | WW], the "Statement on Unfairness Reinforcement and Emphasis Act" or the "SURE Act". Rep. Markwayne Mullin (R-OK) introduced introduced this bill on April 28. It would amend Section 5 of the FTC Act (15 U.S.C. § 45) to provide that the FTC "shall have no authority under this section or section 18 to declare unlawful an act or practice on the grounds that such act or practice is unfair unless the act or practice causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition." See also, story titled "Rep. Mullin Introduces Bill to Limit FTC's Section 5 Unfairness Authority" in TLJ Daily E-Mail Alert No. 2,807.

Section 3 of this bill is titled "Time Limitation for Consent Orders". This is taken from HR 5093 [LOC | WW], the "Technological Innovation through Modernizing Enforcement Act" or the "TIME Act", introduced by Rep. Michael Burgess (R-TX) on April 28. It  would amend Section 5 of the FTC Act to provide that "Any consent order entered into by the Commission shall include a termination clause that the consent order shall expire not later than 8 years after the date on which the consent order is entered into, unless such consent order relates to alleged fraud by the entity subject to the consent order and requires a time limit longer than 8 years based on the factors described in this subsection." See also, story titled "Rep. Burgess Introduces Bill to Limit Duration of FTC Section 5 Consent Orders" in TLJ Daily E-Mail Alert No. 2,807.

Section 4 of this bill is titled "Annual Reporting on the Status of Investigations". This is taken from HR 5109 [LOC | WW], the "Clarifying Legality and Enforcement Action Reasoning Act", or "CLEAR Act". Rep. Brett Guthrie (R-KY) introduced this bill on April 28. It would amend Section 5 of the FTC Act to provide that the FTC "shall ... submit a report to Congress on investigations with respect to unfair or deceptive acts or practices in or affecting commerce". See also, story titled "Rep. Guthrie Introduces Bill to Require FTC to Makes Disclosures Regarding Section 5 Investigations" in TLJ Daily E-Mail Alert No. 2,807.

Section 5 of this bill is titled "Requirement of Analysis and Rationale for Legislative and Regulatory Recommendations". This is taken from HR 5136 [LOC | WW], the "Revealing Economic Conclusions for Suggestions Act" or the "RECS Act". Rep. Mike Pompeo (R-KS) introduced this bill on April 29. See also, story titled "Rep. Pompeo Introduces Bill to Require FTC to Consider Economics Before Issuing Recommendations" in TLJ Daily E-Mail Alert No. 2,807.

Section 6 of this bill is titled "Effects of Guidelines, General Statements of Policy, and Similar Guidance". This is taken from HR 5118 [LOC | WW] the "Solidifying Habitual and Institutional Explanations of Liability and Defenses Act" or the "SHIELD Act". It would amend Section 18(a) of the FTC Act, which is codified at 15 U.S.C. § 57a(a), to provide that "No guidelines, general statements of policy, or similar guidance issued by the Commission shall confer any rights upon any person, State, or locality, nor shall operate to bind the Commission or any person, State, or locality to the approach recommended in such guidelines, general statements of policy, or similar guidance. In any enforcement action, the Commission shall prove a violation of a provision of law enforced by the Commission." It also provides that the FTC "may not base an enforcement action on, or execute a consent order based on, acts or practices that are alleged to be inconsistent with any such guidelines, general statements of policy, or similar guidance, unless the acts or practices violate a provision of law enforced by the Commission." See also, story titled "Rep. Pompeo Introduces Bill to Limit FTC Regulation by Guidance" in TLJ Daily E-Mail Alert No. 2,807.

Section 7 of this bill is titled "Termination of Inactive Investigations". This is taken from HR 5097 [LOC | WW], the "Start Taking Action on Lingering Liabilities Act" or the "STALL Act". Rep. Susan Brooks (R-IN) introduced this bill on April 28. It would amend the FTC Act to provide that certain FTC investigations automatically terminate six months after the last communication sent by the FTC. The FTC can extend an investigation either by sending another communications within six months of the last, or by Commission vote. See also, story titled "Rep. Brooks Introduces Bill to Provide for Automatic Termination of Inactive FTC Investigations" in TLJ Daily E-Mail Alert No. 2,807.

Section 8 of this bill is titled "Nonpublic Collaborative Discussions". This is taken from HR 5116 [LOC | WW], "Freeing Responsible and Effective Exchanges Act" or "FREE Act". This title is not descriptive of its contents. It would would enable increased intransparency the FTC by allowing three out of five Commissions, representing both parties, to meet in secret. Rep. Pete Olson (R-TX) introduced this bill on April 28.

Section 9 of this bill is titled "Annual Plan Required". This is taken from HR 5098 [LOC | WW], the "FTC Robust Elderly Protections and Organizational Requirements to Track Scams Act" or "FTC REPORTS Act". Rep. Gus Bilirakis (R-FL) introduced this bill on April 28. It would require that the FTC disclose its annual agenda in advance. See also, story titled "Rep. Bilirakis Introduces Bill to Require FTC to Disclose Its Agenda for the Upcoming Year" in TLJ Daily E-Mail Alert No. 2,807.

The agenda for this meeting also includes mark up of three bills that would not reform FTC procedure, but would give further enforcement authority to the FTC.

First, the Subcommittee will mark up will mark up HR 5111 [LOC | WW], the "Consumer Review Fairness Act". The HCC's mark up memorandum states that "This bill voids form contract provisions if the provision prohibits or restricts an individual who is a party to the form contract from engaging in a covered communication, imposes a penalty or fee against such an individual for engaging in covered communications, or requires the transfer of intellectual property rights in review or feedback content, but allows non-exclusive licenses in such content."

Second, the Subcommittee will mark up HR 5104 [LOC | WW], the "Better Online Ticket Sales Act", or "BOTS Act" The HCC memorandum states that "This section makes it unlawful for any person to intentionally use or sell software to circumvent a security measure, access control system, or other control or measure on a ticket seller’s Internet website. It also makes it unlawful for any person to sell any ticket that has knowingly been obtained by that person, or another, using circumvention software."

Finally, the Subcommittee will mark up HR 5092 [LOC | WW], the "Reinforcing American Made Products Act".

House Science Committee Passes NITRD Bill

5/24. Rep. Darin LaHood (R-IL) and seven others introduced HR 5312 [LOC | WW], the "Networking and Information Technology Research and Development Modernization Act of 2016", on May 24, 2016. The House Science Committee unanimously approved this bill the same day.

Rep. LaHood stated in a release that "This bill will modernize the NITRD Program so the University of Illinois, home to nationally recognized scientists and the Blue Waters Supercomputer, can continue to be a leader in this field and assist companies, like Caterpillar, that are working to remain competitive globally."

This bill would amend the "High-Performance Computing Act of 1991". The purpose of the act would become promoting "networking and information technology" rather than "high-performance computing". The purposes would be expanded to include stimulating "high-end computing systems software and applications software".

The bill defines "high-end computing" as "the most advanced and capable computing systems, including their hardware, storage, networking and software, encompassing both massive computational capability and large-scale data analytics". It defines "networking and information technology" as "high-end computing, communications, and information technologies, high-capacity and high-speed networks, special purpose and experimental systems, high-end computing systems software and applications software, and the management of large data sets".

Trump Goes to Silicon Valley

6/2. Presidential candidate Donald Trump held a rally in Silicon Valley, at the San Jose McEnery Convention Center on June 2, 2016. See, San Jose Mercury News story titled "San Jose Police Chief Defends Officers Accused of Failing to Protect Trump Supporters from Violence".

The Los Angeles Times reported in a story titled "'Disgusted' police condemn violent protesters at Donald Trump rally in San Jose" that "Some Trump supporters leaving the candidate's rally were targeted by anti-Trump demonstrators, some of whom threw punches and eggs. A dozen or more people were hit, and car windows were broken".

The Los Angeles Times added that San Jose "Mayor Sam Liccardo, a Democrat and Hillary Clinton supporter, criticized Trump for coming to cities and igniting problems that local police departments had to deal with. ``At some point, Donald Trump needs to take responsibility for the irresponsible behavior of his campaign,´´ Liccardo told the Associated Press."

Trump has been critical of Silicon Valley tech companies in his campaign speeches. For example, he stated in a speech in January that when he is President Apple will make its devices in the U.S.

Apple, like other Silicon Valley tech companies, mostly outsources the making of its products to manufacturers in other countries, including the People's Republic of China (PRC).

In February Trump urged consumers to boycott Apple until it assisted the FBI in breaking the security on a seized iPhone.

More News

6/3. The Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) announced the its Commission on Enhancing National Cybersecurity will hold a one day meeting on June 21, 2016, in Berkeley, California. See, notice in the Federal Register, Vol. 81, No. 107, June 3, 2016, at Pages 35733-35734.

6/3. Krebs on Security published a story titled "Credit Card Breach at CiCi's Pizza". It states that "hackers obtained access to card data at affected restaurants by posing as technical support specialists for the company's point-of-sale provider, and that multiple other retailers have been targeted by this same cybercrime gang".

6/2. The Department of the Treasury's (DOT) Financial Crimes Enforcement Network (which is also known as FinCEN), published a notice in the Federal Register (FR) on June 2, 2016 that announces that North Korea is a "jurisdiction of primary money laundering concern". See, FR, Vol. 81, No. 106, June 2, 2016, at Pages 35441-35446. The FinCEN published a second notice in the FR On June 3 that announces, describes, recites, and sets the comment deadline for, its rules changes that take "special measures" in connection with the designation of North Korea as a "primary money laundering concern. This notice states that "This special measure would prohibit covered financial institutions from opening or maintaining a correspondent account in the United States for or on behalf of a North Korean banking institution. Covered financial institutions would also be prohibited from processing a transaction involving a North Korean financial institution through the United States correspondent account of a foreign banking institution." The deadline to submit comments is August 2, 2016. See, FR, Vol. 81, No. 107, June 3, 2016, at Pages 35665-35671.

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In This Issue
This issue contains the following items:
 • Senators and Representatives Criticize PRC Trade Related Policies
 • House Judiciary Committee to Mark Up Bill to Undo Chevron Deference
 • House Commerce Subcommittee to Mark Up FTC Bills
 • House Science Committee Passes NITRD Bill
 • Trump Goes to Silicon Valley
 • More News
Washington Tech Calendar
New items are highlighted in red.
Tuesday, June 7

The House will return from its Memorial Day recess. The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. The House will consider numerous items, including HR 4904 [LOC | WW], the "Making Electronic Government Accountable By Yielding Tangible Efficiencies Act of 2016", or "MEGABYTE Act", under suspension of the rules. Votes will be postponed until 6:30 PM. See, House Majority Leader's schedule.

The Senate will meet at 10:00 AM.

Five states will hold presidential primary elections: California, Montana, New Jersey, New Mexico, and South Dakota.

8:30 AM - 5:30 PM. Day one of a two day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT). The agenda includes discussion of the "NIST's role in the Administration's National Strategic Computing Initiative". See, notice in the Federal Register, Vol. 81, No. 100, May 24, 2016, at Page 32733. Location: Portrait Room, Administration Building, at NIST, 100 Bureau Drive, Gaithersburg, MD.

9:00 AM - 5:00 PM. Day one of a four day meeting of the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 231, Terrain Awareness Warning Systems. See, notice in the Federal Register, Vol. 81, No. 94, May 16, 2016, at Pages 30413-30414. Location: RTCA, Suite 910, 1150 18th St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Unwired Planet v. Google, App. Ct. Nos. 15-1810 and 15-1812. This is an appeal from the U.S. Patent and Trademark Office's (USPTO) Patent and Trial Appeal Board (PTAB) in an inter partes review. Panel E. These cases are first 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 GPNE v. Apple, App. Ct. No. 15-1825. This is an appeal from the U.S. District Court (NDCal) in a patent infringement case involving data communications and the iPhone and iPad. Panel F. This case is the first of three on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 203, 717 Madison Place, NW.

11:00 AM - 12:30 PM. The Cato Institute will host a discussion of the book titled "The Age of Em: Work, Love, and Life when Robots Rule the Earth". The speakers will be the author, Robin Hanson (George Mason University), Ronald Bailey (Reason Magazine), and Jason Kuznicki (Cato). Free. Open to the public. Webcast. Lunch will be served after the program. See, notice. Location: Cato, 1000 Massachusetts Ave., NW.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Cloud Computing Contracts 101: Seven Key Clauses & Seven Common Mistakes". Prices vary. CLE credits. See, notice.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a hearing on the nomination of Susan Gibson to be Inspector General of the National Reconnaisance Office (NRO). See, notice. Location: Room 219, Hart Building.

4:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Regulatory Reform, Commercial and Antitrust Law will hold a hearing titled "International Antitrust Enforcement: China and Beyond". The witnesses will be Maureen Ohlhausen (FTC Commissioner), Mark Cohen (USPTO Senior Counsel), Sean Heather (US Chamber of Commerce), and Thomas Horton (University of South Dakota School of Law). Webcast. See, notice. Location: Room 2141, Rayburn Building.

EXTENDED TO JULY 8. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding its Emergency Alert System (EAS) and Wireless Emergency Alerts (WEA). The FCC adopted and released this item on January 29, 2016. It is FCC 16-5 in PS Docket Nos. 15-94 and 15-91. See, original notice in the Federal Register, Vol. 81, No. 57, March 24, 2016, at Pages 15791-15833. See also extension notice in the Federal Register, Vol. 81, No. 93, May 13, 2016, at Pages 29828-29829.

Wednesday, June 8

The House will meet at 10:00 AM. The House and Senate will meet in joint session at about 10:45 AM to hear a speech by Narendra Modi, Prime Minister of India. See, House Majority Leader's schedule.

9:00 AM - 12:15 PM. The Brookings Institution (BI) will host an event titled "Taiwan’s 2016 election and prospects for the Tsai administration". See, notice. Location: BI, 1775 Massachusetts Ave., NW.

9:00 AM - 5:00 PM. Day two of a four day meeting of the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 231, Terrain Awareness Warning Systems. See, notice in the Federal Register, Vol. 81, No. 94, May 16, 2016, at Pages 30413-30414. Location: RTCA, Suite 910, 1150 18th St., NW.

10:00 AM. The House Judiciary Committee (HJC) will meet to mark up HR 4768 [LOC | WW], the "Separation of Powers Restoration Act of 2016". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in IPCOM v. HTC, App. Ct. No. 15-1754. This is an appeal from the U.S. Patent and Trademark Office's (USPTO) Patent and Trial Appeal Board (PTAB) in an inter partes review. Panel I. This case is the fourth of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The Department of Commerce's (DOC) International Trade Administration's (ITA) President's Export Council (PEC) will meet by teleconference. This meeting will focus on Cuba. The deadline to submit comments is 5:00 PM on June 6. The deadline to submit requests to participate or listen is 5:00 PM on June 6. See, notice in the Federal Register, Vol. 81, No. 93, May 13, 2016, at Pages 29842-29843.

10:30 AM - 12:30 PM. Day two of a two day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT). The agenda includes discussion of the "NIST's role in the Administration's National Strategic Computing Initiative". See, notice in the Federal Register, Vol. 81, No. 100, May 24, 2016, at Page 32733. Location: Portrait Room, Administration Building, at NIST, 100 Bureau Drive, Gaithersburg, MD.

12:00 NOON. The Public Knowledge (PK) and other interest groups will host a teleconferenced event titled "press briefing" regarding the Federal Communications Commission's (FCC) Notice of Proposed Rulemaking (NPRM) regarding regulating the privacy related practices of broadband internet access service (BIAS) providers. The speakers will be proponents of the FCC's proposed rules: Meredith Rose (Public Knowledge), Claire Gartland (Electronic Privacy Information Center), Gaurav Laroia (Free Press), and Jay Stanley (ACLU). The dial in number is 1-712-432-3071. The password is 676292. See, notice.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Committee will host an event titled "Hot Topics". The speakers will be staff of the House Commerce Committee's (HCC) Subcommittee on Communications and Technology: David Redl, David Goldman, Kelsey Guyselman, and Jerry Leverich. No CLE credits. No webcast. Free. Bring your own lunch. See, notice. The FCBA has a history of barring reporters from events at which Congressional staff speak. Location: Mayer Brown, 1999 K St., NW.

12:15 - 1:30 PM. The DC Bar Association will host its monthly media law meeting. Free. Bring your own lunch. No CLE credits. No webcast. For more information, call 202-626-3463. The DC Bar has a history of barring reporters and news coverage. See, notice. Location: Davis Wright Tremaine, 1919 Pennsylvania Ave., NW.

1:00 - 4:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) Commerce Spectrum Management Advisory Committee (CSMAC) will meet. See, notice in the Federal Register. Vol. 81, No. 98, May 20, 2016, at Pages 31915-31916. Location: Wilkinson Barker Knauer, Suite 800N, 1800 M St., NW.

1:30 - 3:15 AM. The New America Foundation (NAF) will host a panel discussion titled "Imagining President Trump". See, notice. Location: NAF, Suite 900, 740 15th St., NW.

5:00 PM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing and Trade will meet to mark up four bills: HR __ [ PDF], the "FTC Process and Transparency Reform Act of 2016", HR 5111 [LOC | WW], the "Consumer Review Fairness Act", HR 5092 [LOC | WW], the "Reinforcing American Made Products Act", and HR 5104 [LOC | WW], the "Better Online Ticket Sales (BOTS) Act". Webcast. See, notice. Location: Room 2123, Rayburn Building.

6:00 - 7:30 PM. The New America Foundation (NAF) will host a panel discussion titled "It’s So Hard to Get Good Digital Help These Days!". The program will focus on the technology involved in Siri, Alexa, Jibo, Cortana, and other personal assistant software. See, notice. Location: NAF, Suite 900, 740 15th St., NW.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding its Emergency Alert System (EAS) and Wireless Emergency Alerts (WEA). The FCC adopted and released this item on January 29, 2016. It is FCC 16-5 in PS Docket Nos. 15-94 and 15-91. See, original notice in the Federal Register, Vol. 81, No. 57, March 24, 2016, at Pages 15791-15833, and extension notice in the Federal Register, Vol. 81, No. 93, May 13, 2016, at Pages 29828-29829.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Summer Kick Off and Welcome Interns Happy Hour". No CLE credits. No webcast. See, notice. Location: Iron Horse Tap Room, 507 7th St., NW.

Thursday, June 9

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

Supreme Court conference day. See, October Term 2015 calendar.

8:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC) will meet. The agenda includes "Advanced Materials-Graphene Center-China". Graphene has potential applications in semiconductors, transistors, wearable devices, and other information technology. The agenda also includes "EAR-4E001.e", a BIS Export Control Classification Number (ECCN). See, notice in the Federal Register, Vol. 81, No. 101, May 25, 2016, at Pages 33208-33209. Location: Room 3884, DOC Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

9:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will meet to mark up the FY 2017 Homeland Security Appropriations Bill. See, notice. Location: Room 2359, Rayburn Building.

9:00 AM - 4:00 PM. The Department of Homeland Security (DHS) will host an event titled "Public Workshop Regarding the Cybersecurity Information Sharing Act of 2015 Implementation". See, notice in the Federal Register, Vol. 81, No. 99, May 23, 2016, at Pages 32340-32341. Location: Navy League of the United States, 2300 Wilson Boulevard, #200, Arlington, VA.

9:00 AM - 12:30 PM. The U.S. China Economic and Security Review Commission will hold a hearing titled "Chinese Intelligence Services and Espionage Operations". The witnesses will be Peter Mattis (Jamestown Foundation), John Costello (New America Foundation), Mark Stokes (Project 2049 Institute), Michelle Van Cleave, and David Major (CI Centre). See, notice. Location: Room 285, Hall of States, 444 North Capitol St., NW.

9:00 AM - 5:00 PM. Day three of a four day meeting of the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 231, Terrain Awareness Warning Systems. See, notice in the Federal Register, Vol. 81, No. 94, May 16, 2016, at Pages 30413-30414. Location: RTCA, Suite 910, 1150 18th St., NW.

10:00 AM. The House Appropriations Committee (HAC) will meet to mark up the Financial Services Appropriations Bill, FY 2017. This bill contains appropriations for the Federal Communications Commission (FCC), Federal Trade Commission (FTC), Securities and Exchange Commission (SEC), Privacy and Civil Liberties Oversight Board (PCLOB), Department of the Treasury, most of the Executive Office of the President, the judicial branch, and others government. The HAC's Subcommittee on Financial Services and General Government approved this bill on May 25, 2016. See, story titled "House Appropriations Bill Would Rein in the Obama FCC" in TLJ Daily E-Mail Alert No. 2,815, June 3, 2016. See, notice. Location: Room 2359, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes mark up of S 356 [LOC | WW], the "Electronic Communications Privacy Act Amendments Act of 2015". The agenda also includes consideration of four judicial nominees: Donald Schott (USCA/7thCir), Stephanie Finley (USDC/WDLa), Claude Kelly (USDC/EDLa), and Winfield Ong (USDC/SDInd). Webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Synopsys v. Mentor Graphics, App. Ct. No. 15-1599, and Mentor Graphics v. EVE-USA, App. Ct. No. 15-1470. Panel J. These cases are first 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 Semcon Tech v. Micron Technology, App. Ct. No. 15-1936. Panel K. 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 LG Electronics v. Toshiba Samsung Storage, App. Ct. Nos. 15-1822 and 15-1822. This is an appeal from the U.S. Patent and Trademark Office's (USPTO) Patent and Trial Appeal Board (PTAB) in an inter partes review. Panel L. These cases are first on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 203, 717 Madison Place, NW.

12:30 - 4:00 PM. The Federal Communications Commission's (FCC) Technological Advisory Council will meet. See, notice in the Federal Register, Vol. 81, No. 72, April 14, 2016, at Pages 22081-22082. Location: FCC, Commission Meeting Room, 445 12th St., SW.

2:00 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters. No webcast. See, notice. Location: Room 219, Hart Building.

Friday, June 10

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

9:00 - 10:30 AM. The American Enterprise Institute (AEI) will host an event titled "TPP’s Transformative Digital Trade Rules". The speaker will be Robert Holleyman (Deputy USTR). There will then be a panel discussion. See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

9:00 AM - 4:00 PM. The Federal Economic Statistics Advisory Committee (FESAC) will meet. See, notice in the Federal Register (FR), Vol. 81, No. 88, May 6, 2016, at Page 27409. The FESAC provides advice to the Department of Commerce's (DOC) Bureau of Economic Analysis (BEA) and Census Bureau and the Department of Labor's (DOL) Bureau of Labor Statistics (BLS). The FR notice does not concede that the BLS is producing increasingly unreliable employment data. Location: Census Bureau Conference Center, 4600 Silver Hill Road, Suitland, Maryland.

9:00 AM - 12:30 PM. The Assembly of the Administrative Conference of the United States will meet. The agenda includes discussion of online consumer complaint databases and aggregation of similar claims in agency adjudication. See, notice in the Federal Register, Vol. 81, No. 99, May 23, 2016, at Page 32274. Location: Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st St., NW.

9:00 AM - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. See, notice in the Federal Register, Vol. 81, No. 101, May 25, 2016, at Pages 33253-33254. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

9:00 AM - 5:00 PM. Day four of a four day meeting of the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 231, Terrain Awareness Warning Systems. See, notice in the Federal Register, Vol. 81, No. 94, May 16, 2016, at Pages 30413-30414. Location: RTCA, Suite 910, 1150 18th St., NW.

9:30 AM. The House Oversight and Government Reform Committee (HOGRC) will hold a hearing titled "18F and U.S. Digital Service Oversight". See, HOGRC hearing notice and Government Services Administration (GSA) web site titled "18F". Location: Room 2154, Rayburn Building.

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

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the Petition for Declaratory Ruling filed by National Cable & Telecommunications Association (NCTA) and the American Cable Association (ACA) on March 7, 2016 seeking a declaratory ruling (DR) clarifying the written information requirement of 47 C.F.R. § 76.1602(b). The NCTA and ACA seek a DR that electronic dissemination by e-mail to subscribers for whom a cable operator has a confirmed e-mail address, by the provision of appropriately noticed links to web sites, or by other electronic measures reasonably calculated to reach individual customers, satisfies the requirement if the information is also available in print upon customer request. See, FCC Public Notice. The FCC released this PN on April 14, 2016. It is DA 16-407 in MB Docket No. 16-126. See also, notice in the Federal Register Vol. 81, No. 79, April 25, 2016, at Pages 24050-24051.

Monday, June 13

12:15 - 1:30 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Volunteer Brown Bag Lunch With the FCBA Foundation & Free Minds". No CLE credits. No webcast. Free. Bring your own lunch. The FCBA states in its notice that "Free Minds Book Club uses books, creative writing, and peer support to awaken D.C. youth incarcerated as adults to their own potential. Through creative expression, job readiness training, and violence prevention outreach, these young poets achieve their education and career goals, and become powerful voices for change in the community." Location: Google, 9th floor, 25 Massachusetts Ave., NW.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to petitions for reconsideration of the FCC's Report & Order regarding the collection of broadcast ownership data. The FCC adopted this item on January 8, 2016, and released it on January 20, 2016. It is FCC 16-1 in MB Docket No. 07-294, MB Docket No. 10-103, and MD Docket No. 10-234. See, notice in the Federal Register Vol. 81, No. 96, May 18, 2016, at Page 31223.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding its Telemarketing Sales Rule Information Collection Activities. See, notice in the Federal Register, Vol. 81, No. 72, April 14, 2016, at Pages 22082-22088.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding the FCC's Connect America Fund (CAF), a universal service tax and subsidy program for broadband in high cost areas. The FCC proposes changes to its accounting and affiliate transaction rules, among other things. The FCC adopted this item on March 23, 2016, and released it on March 30, 2016. It is FCC 16-33 in WC Docket Nos. 10-90 and 14-58, and CC Docket No. 01-92. See, notice in the Federal Register Vol. 81, No. 70, April 12, 2016, at Pages 21511-21532.

Tuesday, June 14

Washington DC will hold its presidential primary elections.

8:00 AM - 2:00 PM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "ITIF 10-Year Anniversary Conference: Restoring Investment in America’s Economy". The scheduled speakers include Rep. Anna Eshoo (D-CA), Rep. Darrell Issa (R-CA), Sen. Chris Coons (D-DE), Sen. Cory Gardner (R-CO), and Robert Atkinson (ITIF). Free. Open to the public. Webcast. Lunch will be served. See, notice. Location: Knight Conference Center, Newseum, 555 Pennsylvania Ave., NW.

8:30 AM - 5:30 PM. Day one of a two day meeting of the Department of Transportation's (DOT) National Geospatial Advisory Committee (NGAC). See, notice in the Federal Register, Vol. 81, No. 101, May 25, 2016, at Page 33266. Location: DOT, 1200 New Jersey Ave., SE.

8:45 AM - 1:30 PM. The Center for Strategic and International Studies (CSIS) will host an event titled "Asia-Pacific Economic Integration and the Role of the United States and Japan". See, notice. Location: CSIS, 1616 Rhode Island Ave., NW.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee (ETRAC) will meet. See, notice in the Federal Register, Vol. 81, No. 101, May 25, 2016, at Page 33208. Location: Room 3884, DOC Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.