Tech Law Journal Daily E-Mail Alert
April 22, 2002, 9:00 AM ET, Alert No. 415.
TLJ Home Page | Calendar | Subscribe | Back Issues
GAO Reports on PRC Semiconductor Industry
4/19. The General Accounting Office (GAO) released a report [83 pages in PDF] titled "Export Controls: Rapid Advances in China's Semiconductor Industry Underscore Need for Fundamental U.S. Policy Review".
The report found that "U.S. policies and practices to control the export of semiconductor technology to China are unclear and inconsistent", and that while "export regulations restrict certain sales that would make a direct and significant contribution to China's military capabilities, the United States generally approves most exports of semiconductor manufacturing equipment and materials to China."
The U.S. regulates the export of certain dual use technologies, including equipment and materials used to make semiconductors, for national security or foreign policy reasons. The GAO report notes that "Semiconductors, commonly referred to as computer ``chips,´´ are key components in computers, communications equipment, and weapons systems. U.S. policy on the export of such ``dual use´´ items -- goods and technologies that have both civilian and military uses -- is a subject of continuing debate."
The report found that "Since 1986, China's efforts to improve its semiconductor manufacturing capability have narrowed the gap between U.S. and Chinese semiconductor manufacturing technology from between 7 to 10 years to 2 years or less. According to our analysis of information obtained from semiconductor manufacturing facilities in China and industry experts, China’s most advanced commercial manufacturing facilities can produce chips that are only one generation behind current, commercial state of the art technology."
The report also found that "U.S. policies and practices to control the export of semiconductor technology to China are unclear and inconsistent, leading to uncertainty among U.S. industry officials about the rationale for some licensing decisions. Under the Export Administration Regulations pertaining to China, the general licensing policy is to approve applications, except those items that would make a direct and significant contribution to specific areas of China's military. We found that the United States approves most licenses for exports of semiconductor manufacturing equipment and materials to China. Although U.S. practice has been aimed at keeping China at least two generations (about 3 to 4 years) behind global state of the art semiconductor manufacturing capabilities, the regulations make no reference to the level of technology that can be exported to China relative to the current commercial state of the art.
The report further found that "U.S. agencies have not conducted the analyses, such as assessing foreign availability of this technology or the cumulative effects of such exports on U.S. national security interests, necessary to justify such a practice or serve as the basis for licensing decisions. Consequently, the executive branch does not have a sound, well documented basis for making export licensing decisions to China."
The report recommends that the Secretaries of Commerce, Defense and State "reassess and document U.S. export policy on semiconductor manufacturing equipment and materials to China. Specifically, we are recommending that these agencies complete the analyses needed to serve as a sound basis for an updated policy; develop new export controls, if appropriate, or alternative means for protecting U.S. security interests; and communicate the results of these efforts to the U.S. Congress and industry."
The report also notes that the departments involved do not agree with its findings.
The report was prepared at the request of Sen. Fred Thompson (R-TN), the ranking Republican on the Senate Governmental Affairs Committee. Sen. Thompson has a long history of opposing on national security grounds the liberalization of export control laws and regulations pertaining to encryption products, high performance computers, and other dual use software and equipment.
Secretary Evans Addresses Trade, Innovation and Entrepreneurship
4/19. Commerce Secretary Donald Evans gave a speech to the American Chamber of Commerce in Japan in Tokyo in which he advocated free trade, innovation, and free enterprise. He said that emerging sectors should not be stymied by new trade barriers. He also reviewed the Bush Administration's policies.
Evans stated that among President Bush's legislative accomplishments for encouraging innovation and entrepreneurship are the recent tax cut, the three year acceleration of capital expense depreciation contained in the economic stimulus package, increased government research and development spending, and education reform. He also stated that the President is advocating personal retirement accounts, and Trade Promotion Authority (TPA).
Evans also advocated free trade. He stated that "We need to lower trade barriers: globally (by working together on the Doha Development Agenda), multilaterally (through APEC), and bilaterally (through our Economic Partnership and other efforts). I would like to see us make an effort to ensure that our new, emerging sectors -- where we stand to see the most gain from our innovations and through our entrepreneurs -- are not stymied through new trade barriers."
Evans also advocated the moral virtues of trade. He said that trade "creates stability and the prospect of a brighter future. Trade compels governments to bring transparency and clarity to their economic decision making, and combats the corruption that impedes progress, entrenches self servers, and perpetuates poverty."
He also stated that "trade is inherently democratic. Economic freedom encourages political freedoms. New enterprises and access to capital lead to the creation of a merchant class. Middle classes demand greater political participation." Evans travels to China after his visit to Japan.
Evans Discusses IPR and China
4/19. Commerce Secretary Donald Evans addressed intellectual property rights (IPR) and the People's Republic of China at a press conference in Tokyo, Japan. See, transcript.
Evans stated that he will next travel to China. He said that "I'll congratulate China for becoming a member of the WTO" and "I will express not only our notes of congratulations, but the importance of compliance. And offer our support to them to assure that they become in full compliance of their WTO obligations. Those include obligations that relate to intellectual property right protection. And so I'm sure the issue will come up as to how important it is that they have strong intellectual property right laws in place, and also make sure that they enforce those laws."
He added that "We have teams of people that are working with them in various areas of the WTO rules so that they will come into compliance as soon as possible."
Feds Arrest 27 for Counterfeit Microsoft Products
4/19. A grand jury of the U.S. District Court (NDCal) returned 11 indictments against 26 individuals alleging criminal copyright infringement of Microsoft software products. A 27th person was charged by complaint. The U.S. Attorneys Office (NDCal) (USAO) and the Federal Bureau of Investigation (FBI) also announced the arrest of 27 persons, and the service of 10 search warrants.
See for example, indictment [PDF] of Malinda Chang charging criminal copyright infringement in violation of 17 U.S.C. § 506(a)(1) and 18 U.S.C. § 2319(b)(1) and trafficking in counterfeit goods in violation of 18 U.S.C. § 2320 in connection with the sale of counterfeit copies of Microsoft Office 97 and 2000 and Windows NT and 2000.
The arrests and charges were the result of a two year undercover investigation. See also, USAO release and Microsoft release.
9th Circuit Applies PSLRA Scienter Requirement to Accountants
4/19. The U.S. Court of Appeals (9thCir) issued its opinion in DSAM Global Value Fund v. Altris Software, a class action case involving the Private Securities Litigation Reform Act (PSLRA).
District Court. Plaintiffs filed a complaint in U.S. District Court (SDCal) against Altris Software (now renamed Spescom) and Price Waterhouse Coopers (PWC), the accounting firm hired by Altris to audit its 1996 financial statement, alleging securities fraud. Plaintiffs alleged that PWC botched the audit. The issue is whether this satisfies the heightened pleading requirements of the PSLRA, and the Ninth Circuit's interpretation of the scienter requirements of the PSLRA in In re Silicon Graphics, Inc. Sec. Litig., 183 F.3d 970. The District Court dismissed the complaint as to PWC.
Appeals Court. The Appeals Court affirmed. It held that "the complaint sets out a compelling case of negligence -- perhaps even gross negligence -- but does not give rise to a strong inference that the auditor acted with an intent to defraud, conscious misconduct, or deliberate recklessness, as is required in a securities fraud case."
Commerce Department Official Addresses Broadband Policy
4/17. The Commerce Department's Chris Israel gave a speech titled "Prometheans in Alaska -- Education and Technology, the Foundation of our Future". He spoke at the Educause Networking 2002 Conference in Washington DC.
He praised the use of broadband technologies in education, such as by the Chugach School District in Alaska, which recently won a Commerce Department Baldridge Award. He also addressed government policies designed to promote broadband deployment.
He stated that "At the federal level, there are several steps we are already taking. We have proposed accelerating the depreciation schedules for business investment in capital equipment, such as broadband equipment, to improve the business case for investing. We continue to urge Congress to make the R&D tax credit permanent to incent further investments in cutting edge technologies, such as broadband enabling technologies, and we pushed to extend the Internet tax moratorium to support development and adoption of e-commerce applications."
He continued that "The President has also made e-government a top management priority for his Administration, and we're trying to lead by example in the use of broadband e-government applications to leverage our resources and better serve our constituents."
Israel also addressed state and local regulation affecting broadband deployment. He stated that "The localities that create the most broadband friendly environments may be like the localities that attracted railroads in the last century, while the localities that are not broadband friendly may end up like the towns by-passed by the railroads. Availability of bandwidth should be prioritized with other considerations such as rights of way, taxes and application fees, tower siting, zoning, building and construction codes, building access, franchise agreements, historic preservation and environmental protections."
Israel is Deputy Assistant Secretary for Technology Policy at the Technology Administration of the Department of Commerce.
FCC Files Petition for Review of Appeals Court Opinion in Fox v. FCC
4/19. The Federal Communications Commission (FCC) filed a Petition for Rehearing En Banc [40 pages in PDF] with the U.S. Court of Appeals (DCCir) in Fox v. FCC. The FCC seeks review of the February 19, 2002, opinion of the Court which held that the FCC's national TV station ownership rule (NTSO) and its cable broadcast cross ownership rule (CBCO) both violate the Administrative Procedure Act (APA) as arbitrary and capricious, and Section 202(h) of the Telecom Act. The three judge panel vacated the CBCO rule, but merely remanded the NTSO rule to the FCC. The current Petition for Rehearing seeks review regarding the standard to be applied to the FCC in challenges to its rules.
The FCC is required by statute to conduct biennial reviews of its ownership rules. The statute requires that it "shall determine whether any of such rules are necessary in the public interest" and repeal those section that are no longer in the public interest. The FCC conducted its first biennial review in 1998, but did not repeal or modify its NTSO or CBCO rules as a result. Various parties, including Fox, filed petitions for review with the Court of Appeals. The Appeals Court applied this statutory language in its plain meaning. The FCC now argues that the term "necessary" should not necessarily be construed to mean "necessary"; and, if it is, this "threatens to impose a continuing and unworkable burden on the agency in carrying out its biennial review responsibilities."
The Statute. The statutory provision at issue was enacted by the Congress in the Telecom Act of 1996. It provides, at Section 202(h), that the FCC "shall review its rules adopted pursuant to this section and all of its ownership rules biennially as part of its regulatory reform review under section 11 of the Communications Act of 1934 and shall determine whether any of such rules are necessary in the public interest as the result of competition. The Commission shall repeal or modify any regulation it determines to be no longer in the public interest."
FCC Argument. The FCC wrote that "The panel held in that decision that under the applicable statutory provision the Commission applied ``too low a standard´´ in conducting its biennial review of media ownership regulations and that under the correct standard set forth in Section 202(h) of the 1996 Telecommunications Act, ``a regulation should be retained only insofar as it is necessary in, not merely consonant with, the public interest.´´ ... This holding, which can be read to require a higher standard to retain an existing rule than to adopt it in the first instance, imposes a substantial and continuing burden on the agency that threatens administrative paralysis. This result is not compelled by the language of the statute or by its legislative history." (Citation to Fox omitted.)
The FCC argues for "A less stringent interpretation of the term ``necessary´´ ". It argues that the Court should construe this word in its "statutory context" rather than "in its most literal sense".
Background. After its 1998 biennial review, the FCC maintained its NTSO rule (47 C.F.R. § 73.3555(e)) and its CBCO rule (47 C.F.R. § 76.501(a)). Fox Television Stations and various other TV networks and cable companies petitioned the Court of Appeals for review of the FCC's decision not to repeal or modify these two rules. The petitioners asserted that these rules violate the Administrative Procedure Act (APA), § 202(h) of the Telecom Act of 1996, and the First Amendment of the Constitution.
The Court rejected the First Amendment argument. However, the Court of Appeals held: "We conclude that the Commission's decision to retain the rules was arbitrary and capricious and contrary to law. We remand the national television station ownership rule to the Commission for further consideration, and we vacate the cable/ broadcast cross ownership rule because we think it unlikely the Commission will be able on remand to justify retaining it."
Chief Judge Douglas Ginsburg, writing for a three judge panel, found that the FCC "has adduced not a single valid reason to believe the NTSO Rule is necessary in the public interest, either to safeguard competition or to enhance diversity. Although we agree with the Commission that protecting diversity is a permissible policy, the Commission did not provide an adequate basis for believing the Rule would in fact further that cause. We conclude, therefore, that the 1998 decision to retain the NTSO Rule was arbitrary and capricious in violation of the APA."
The Court similarly held that the CBCO violates of the APA. It found that the FCC "failed to consider the increased number of television stations now in operation, and it is clear that the Commission failed to reconcile the decision under review with the TV Ownership Order it had issued only shortly before. We conclude, therefore, that the Commission's diversity rationale for retaining the CBCO Rule is woefully inadequate."
Michael Powell, who was a FCC Commissioner in 1998, dissented from the retention of the NTSO and CBCO rules. He is now Chairman of the FCC, and is joined by two other Republican Commissioners, Kevin Martin and Kathleen Abernathy, who are skeptical of ownership rules.
The February 19 Fox opinion is published at 280 F.3d 1027. It is No. 00-1222.
Copyright Lawyer Barbie
4/15. The U.S. Court of Appeals (9thCir) issued its opinion [PDF] in Christian v. Mattel, a case regarding Rule 11 sanctions and the bringing of frivolous copyright infringement suits.
District Court. Plaintiff filed a complaint in U.S. District Court (CDCal) against Mattel alleging copyright infringement by its Barbie doll. The District Court found the claim to be frivolous and ordered plaintiff, pursuant to Federal Rule of Civil Procedure 11, to pay Mattel $501,565 in attorneys' fees.
The Rule. FRCP 11 provides, in part, that "By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances ... (2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; (3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery".
Appeals Court. The Appeals Court vacated and remanded. It ruled that the District Court's Rule 11 finding that the complaint was frivolous was not an abuse of discretion. It further stated that the Plaintiff's conduct was "egregious". However, it vacated and remanded for further proceedings because the record was not clear regarding whether the order was also based upon conduct outside of the pleadings, such as in oral argument, at a meeting of counsel, and at a deposition. The Court held that Rule 11 sanctions may only be based upon pleadings.
Obiter Dictum. Barbie fans may be interested that Judge Margaret McKeown also wrote that while Barbie is "so perfect in her sculpture and presentation, and so comfortable in every setting", she "could not have imagined herself in the middle of Rule 11 proceedings."
People and Appointments
4/19. Martin Dunn was named Deputy Director of the Securities and Exchange Commission's (SEC) Division of Corporation Finance (DCF). Dunn joined the DCF in 1988 just out of law school. See, SEC release.
4/18. The Senate confirmed Legrome Davis to be a judge of the U.S. District Court (EDPenn).
More News
4/19. Microsoft announced that Chairman and Chief Software Architect Bill Gates will testify on Monday, April 22, in the U.S. District Court (DC) proceeding on remedies in the long running antitrust case. See MSFT release.
4/19. The House Judiciary Committee announced that it has rescheduled for Wednesday, April 24, its mark up of several bills, including HR 3482, the Cyber Security Enhancement Act of 2001, HR 3215, the Combatting Illegal Gambling Reform and Modernization Act, and HR 1877, the Child Sex Crimes Wiretapping Act of 2001. These bills had previously been scheduled for mark up on Thursday, April 18.
4/18. Rep. Ed Markey (D-MA) introduced HR 4513, a bill regarding the sale and purchase of Social Security numbers. It was referred to the House Commerce Committee and the House Ways and Means Committee.
4/19. The U.S. Patent and Trademark Office (USPTO) released its FY 2001 USPTO Performance and Accountability Report.
4/18. The Bureau of Export Administration (BXA) was renamed the Bureau of Industry and Security (BIS). This bureau has historically handled export licensing for dual use items, including computers and software. Recently, however, it has taken on new responsibilities pertaining to cyber security; it now includes the Critical Infrastructure Assurance Office (CIAO). Kenneth Juster, the Under Secretary of Commerce in charge of this bureau, stated in a release that "The new name better reflects the breadth of the Bureau's activities in the spheres of national, homeland, economic, and cyber security".
4/19. The U.S. Court of Appeals (7thCir) issued its opinion in USA v. Baronia, a case involving use of a PC, scanner and printer to counterfeit U.S. currency. The defendant plead guilty. On appeal he argued that the District Court should not have enhanced his sentence pursuant to § 2B5.1(b)(2) of the U.S. Sentencing Guidelines. He argued that he was not a large scale producer, and his counterfeits were unsophisticated. The Appeals Court affirmed.
4/19. The Securities and Exchange Commission (SEC) published a notice in the Federal Register requesting comments regarding its proposed rule amending the Investment Advisers Act of 1940 to exempt certain investment advisers that provide advisory services through the Internet from the prohibition on SEC registration set out in § 203A of the Act. The amendments would permit these advisers to register with the SEC instead of with state securities authorities. Comments must be received by June 6, 2002. See, Federal Register, April 19, 2002, Vol. 67, No. 76, at Pages 19499 - 19506.
About Tech Law Journal
Tech Law Journal publishes a free access web site and subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year. However, there are discounts for entities with multiple subscribers. Free one month trial subscriptions are available. Also, free subscriptions are available for law students, journalists, elected officials, and employees of the Congress, courts, and executive branch, and state officials. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert and news items are not published in the web site until one month after writing. See, subscription information page.

Contact: 202-364-8882; E-mail.
P.O. Box 4851, Washington DC, 20008.
Privacy Policy
Notices & Disclaimers
Copyright 1998 - 2002 David Carney, dba Tech Law Journal. All rights reserved.
Monday, April 22
The House will meet in pro forma session at 2:00 PM.
The Senate will meet at 1:00 PM for morning business. At 2:00 PM it will resume consideration of the energy reform bill. There will be no roll call votes.
Day one of a three day conference of the Electronics Industry Alliance. See, agenda [MS Word]. Location: Grand Hyatt Hotel.
11:30 AM. Sen. Charles Grassley (R-IA) and Robert Zoellick will hold a press conference and rally to urge the Senate leadership to schedule a vote on legislation to grant the President Trade Promotion Authority. Sen. Grassley is the ranking Republican on the Senate Finance Committee, which approved its version of HR 3005 in December of 2001. Zoellick is the U.S. Trade Representative. Location: Room 215, Dirksen Building.
12:00 NOON - 2:00 PM. Sen. John Breaux (D-LA) will speak at a luncheon at the spring convention of the Electronics Industry Alliance. Location: Grand Hyatt Hotel.
Extended deadline to file reply comments with the FCC in response to its notice of proposed rulemaking regarding the appropriate regulatory requirements for incumbent local exchange carriers' (ILECs') provision of broadband telecommunications services. See, notice in the Federal Register. See, Order [PDF] extending deadline from April 1 to April 22.
Tuesday, April 23
The House will meet at 12:30 PM for morning hour and 2:00 PM for legislative business. No votes are expected before 6:30 PM. The House will consider a number of measures under suspension of the rules.
Day two of a three day conference of the Electronics Industry Alliance. See, agenda [MS Word]. Location: Grand Hyatt Hotel.
9:30 - 11:30 AM. The American Enterprise Institute (AEI) will host a lecture by Jerry Hausman of MIT titled From 2G to 3G: Wireless Competition for Internet Related Services. See, program summary and online registration page. Location: 12th Floor, AEI, 1150 17th St., NW.
CANCELLED. 9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Saga Broadcasting Corp v. FCC, No. 01-1249. Judges Ginsburg, Sentelle and Henderson will preside. Location: 333 Constitution Ave. NW, Washington DC. This case will be decided without oral argument pursuant to Rule 34j.
10:00 AM. The House Appropriations Committee's Subcommittee on Commerce, Justice, State, and the Judiciary will hold a hearing on the proposed budget for FY 2003 for the USPTO. Location: George Washington University, Loudoun Campus.
10:00 AM. The Senate Judiciary Committee will hold a hearing on reformation of the Federal Bureau of Investigation and the Department of Justice. Location: Room 226, Dirksen Building.
12:00 NOON - 2:00 PM. General Richard Myers, Chairman of the Joint Chiefs of Staff, will speak on contributions that the electronics industry has made to military preparedness at a luncheon at the spring convention of the Electronics Industry Alliance. Location: Grand Hyatt Hotel.
2:30 PM. The Senate Judiciary Committee's Subcommittee on Antitrust, Competition, and Business and Consumer Rights will hold a hearing titled Cable Competition and the ATT Comcast Merger. Sen. Herb Kohl (D-WI) will preside. This hearing had originally been scheduled for April 10. Location: Room 226, Dirksen Building.
7:00 - 10:00 PM. Tom Ridge, Director of the Office of Homeland Security, will speak at a dinner at the spring convention of the Electronics Industry Alliance. Location: Grand Hyatt Hotel.
Wednesday, April 24.
The House will meet at 10:00 AM for legislative business.
Day three of a three day conference of the Electronics Industry Alliance. See, agenda [MS Word]. Location: Grand Hyatt Hotel, Washington DC.
9:00 AM - 3:30 PM. The Consumer Electronics Association (CEA) will host an event titled "Digital Television Summit: Moving to Mass Markets". Rep. Billy Tauzin (R-LA) will give the opening keynote address. A 1:45 PM panel will include Michael Petricone (CEA), Rick Chessen (FCC), Andrew Levin (Minority Counsel, House Commerce Committee), and Jessica Wallace (Counsel, House Commerce Committee). See, agenda. Location: Washington Convention Center.
9:00 AM. Day one of a two day meeting of the Bureau of Export Administration's (BXA) Information Systems Technical Advisory Committee (ISTAC). The ISTAC advises the Office of the Assistant Secretary for Export Administration on technical questions that affect the level of export controls applicable to information systems equipment and technology. The meeting will be open to the public in part, and closed to the public in part. The open agenda includes a presentation on web based remote hardware management, a presentation on microelectro- mechanical (MEMS) technology and applications, and a presentation on battery and fuel cell technology. See, notice in Federal Register. Location: Hoover Building, Room 3884, 14th Street between Pennsylvania Ave. and Constitution Ave., NW.
10:00 AM. The House Judiciary Committee will mark up several tech bills, including HR 3482, the Cyber Security Enhancement Act of 2001, HR 3215, the Combatting Illegal Gambling Reform and Modernization Act, and HR 1877, the Child Sex Crimes Wiretapping Act of 2001. Location: Room 2141, Rayburn Building.
12:00 NOON. Sen. George Allen (R-VA) and high tech business representatives will hold a press conference on the importance of trade promotion authority to the high tech community. Location: Room S-211, LBJ Room, U.S. Capitol.
12:00 NOON - 1:30 PM. The CTIA will host an event titled "Wireless Issues Day Luncheon". This event is open to members of the media. For more information, contact Travis Larson at tlarson or Kim Kuo at kkuo Location: Room 325, Russell Building.
1:00 - 4:30 PM. The CFTC's Technology Advisory Committee will hold a public meeting on technology related issues in the financial services and commodity markets, including cyber security. See, notice in Federal Register. Location: Room 1000, CFTC, Three Lafayette Centre, 1155 21st St., NW.
2:30 PM. The Senate Commerce Committee's Subcommittee on Science, Technology, and Space will hold a hearing on S 2037, a bill providing for the establishment of a national emergency technology guard, and S 2182, a bill to authorize funding for computer and network security research and education. Location: Room 253, Russell Building.
Thursday, April 25
The House will meet at 10:00 AM for legislative business.
9:00 AM - 5:30 PM. Day one of a two day Copyright Conference hosted by the USPTO, the purpose of which is to "discuss current domestic and international issues vital to the development of e-commerce with members of the business and intellectual property communities." See, USPTO notice. Registration is required. Registration closed on April 19. Location: The Academy for Educational Development Conference Center, 1825 Connecticut Avenue, NW, 8th Floor.
9:00 AM. Day two of a two day meeting of the Bureau of Export Administration's Information Systems Technical Advisory Committee (ISTAC). See, notice in Federal Register. Location: Hoover Building, Room 3884, 14th Street between Pennsylvania Ave. and Constitution Ave., NW.
9:30 AM. The Senate Commerce Committee will hold a hearing on online privacy legislation. Location: Room 253, Russell Building.
12:15 PM. The FCBA's Young Lawyers Committee will host a brown bag lunch. The topic will be "The Year of the 271". The speakers will be Dorothy Attwood (Chief of Wireline Competition Bureau), Michelle Carey, (Chief of the Competition Policy Division), Deena Shetler (Deputy Chief of the Pricing Policy Division), and Renee Crittendon (Senior Attorney Advisor in the Competition Policy Division). RSVP to Pam Slipakoff. Location: Room 8-C245, FCC, 445 12th Street, SW.
12:30 PM. The House Commerce Committee's Telecom and Internet Subcommittee will hold a hearing titled "Ensuring Content Protection in the Digital Age". Location: Room 2123, Rayburn Building.
2:00 PM. The Senate Judiciary Committee will hold a hearing on several judicial nominees, including Julia Gibbons (to be a judge of the U.S. Court of Appeals for the Sixth Circuit), Leonard Davis (U.S.D.C., Eastern District of Texas), David Godbey (U.S.D.C., Northern District of Texas), Andrew Hanen (U.S.D.C., Southern District of Texas), Samuel Mays (U.S.D.C., Western District of Tennessee), and Thomas Rose (U.S.D.C., Southern District of Ohio). Location: Room 226, Dirksen Building.
3:30 PM. Mark Lemley (Boalt Hall) will give a lecture titled "Antitrust, Intellectual Property, and Standard Setting Organizations". For more information, contact Julie Cohen at jec@law. Location: Georgetown University Law Center, Faculty Lounge, 5th Floor, McDonough Hall, 600 New Jersey Ave., NW.
Deadline to submit Notices of Intent to Participate to the Copyright Office (CO) in its negotiation of 17 U.S.C. § 118 noncommercial educational broadcasting compulsory license. See, CO notice in Federal Register.
Friday, April 26
The House will not be in session.
9:00 AM - 5:30 PM. Day two of a two day Copyright Conference hosted by the USPTO. See, USPTO notice. Registration closed on April 19. Location: The Academy for Educational Development Conference Center, 1825 Connecticut Avenue, NW, 8th Floor.
10:00 AM. The FCC's Technology Advisory Council will hold a meeting. See, FCC notice and notice in Federal Register. Location: Commission Meeting Room, FCC, 445 12th St., SW.
12:00 NOON. The Cato Institute will host a briefing titled Financial Privacy and the War on Terrorism. The speakers will be David Burton (Prosperity Institute), Bradley Jansen (Free Congress Foundation), and Veronique de Rugy (Cato). Lunch will follow. See, agenda and online registration page. Location: Room B-369, Rayburn Building.
12:00 NOON - 2:00 PM. FCC Commissioner Kathleen Abernathy will address the American Woman in Radio & Television Awards Luncheon. For more information, contact Sallie Gitlitz at 202 337-4684. Location: Ballroom, National Press Club, 529 14th St. NW, 13th Floor.
3:00 - 5:00 PM. FCC Commissioner Kathleen Abernathy will address a Women's Bar Association Tea. Location: Mayflower Hotel.
Extended deadline to submit reply comments to the Copyright Office in response to its Notice of Proposed Rulemaking on "the requirements for giving copyright owners reasonable notice of the use of their works for sound recordings under statutory license and for how records of such use shall be kept and made available to copyright owners." See, original notice in Federal Register, and extension notice in Federal Register.