Tech Law Journal Daily E-Mail Alert
September 16, 2002, 9:00 AM ET, Alert No. 509.
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FCC Announces Broad Review of Media Ownership Rules
9/12. The Federal Communications Commission (FCC) adopted, but did not release, a Notice of Proposed Rulemaking (NPRM) pertaining to its various broadcast ownership rules. Instead, it issued a short press release [PDF] in which it stated that it "initiated the third Biennial Regulatory Review of Broadcast Ownership Rules" to "develop ownership rules and policies that are reflective of the current media marketplace, are based on empirical evidence, and are analytically consistent."
The FCC release further states that the NPRM "addresses all of the media ownership rules related to use of the broadcast spectrum".
This proceeding is another element of the FCC's current trend of relaxing media ownership rules, and allowing for more media consolidation.
The NPRM covers six different sets of media ownership rules. First, there is the FCC's Newspaper Broadcast Cross Ownership Prohibition. This is already the subject of a NPRM initiated last fall. (This is Docket No. MM 01-235.)
There are also competing bills in Congress on this subject. On July 17, 2001, Sen. Ernest Hollings (D-SC), Sen. Daniel Inouye (D-HI), and Sen. Byron Dorgan (D-ND) introduced S 1189, a bill to require the FCC to amend its daily newspaper cross ownership rules. Sen. Hollings stated that at the time that "This legislation is necessary to stem the tide toward concentration in the broadcast and newspaper industries and force a thorough and reasoned examination of the claims that further consolidation will serve the public interest." In contrast, at the same time, Rep. Clifford Stearns (R-FL) introduced HR 2536, a bill to reduce restrictions on media ownership.
Second, this NPRM addresses the Local Radio Ownership rules. This is also the subject a pending NPRM. (This is Docket No. MM 00-244.)
This NPRM also addresses the National TV Ownership rule, and the Local TV Multiple Ownership rule, both of which are currently on remand from the U.S. Court of Appeals (DCCir). Finally, this NPRM addresses the Radio/TV Cross Ownership Restriction and the Dual Television Network Rule.
The FCC release also states that "the FCC has commissioned a number of empirical studies examining the current state of the media marketplace, including how consumers use the media, how advertisers view the different media outlets, and how media ownership affects diversity, localism and competition. The results of these studies will be released in the coming weeks." Then, comments will be due 60 days after release of the studies, and reply Comments will be due 30 days after the initial comment deadline. This means that the comment period may close during or just after the Christmas and New Years holiday.
FCC Commissioner Michael Copps wrote a separate statement [PDF] in which he stressed that "Because the stakes here are so incredibly high, it is far more important that we get this done right than that we get it done quickly." See also, separate statement of FCC Commissioner Kevin Martin.
Mark Cooper, of the Consumer Federation of America (CFA), condemned the FCC's announcement of this NPRM. He stated in a release that "the FCC launched the second phase in its assault on the cornerstone of a vibrant democracy by continuing and consolidating its campaign to eliminate or dramatically weaken longstanding rules designed to promote diverse ownership of media outlets and encourage an open marketplace for ideas. What's more, the FCC is in such a rush to eliminate these rules, they can't wait until the results of their own studies are in. Once again the lines have been drawn between corporate power and the public interest. And once again the public interest has come out the loser."
The proceeding initiated by this NPRM is MB Docket No. 02-277.
USTA Asks USTR Not to Export US Telecom Policies
9/10. The Office of the U.S. Trade Representative (USTR) held a hearing regarding market access in the Free Trade Area of the Americas (FTAA) negotiations. Walter McCormick, P/CEO of the United States Telecom Association (USTA), testified that the USTR should not seek to include mandatory network unbundling and TELRIC pricing in either bilateral free trade agreements (FTAs) or within a FTAA agreement. McCormick also urged the USTR to coordinate spectrum allocations for third generation (3G) wireless services.
McCormick stated that "The elimination of barriers in telecommunications markets, together with the implementation of fair and transparent regulatory frameworks, will be critical to the development of robust communications and electronic commerce capabilities in all countries that participate in the FTAA."
McCormick said that some telecommunications policies, such as mandatory network unbundling and TELRIC pricing, are under review in the U.S. by the Congress, courts, and Federal Communications Commission (FCC), and should not be exported to other countries. McCormick argued that doing so "would undermine foreign investment incentives".
He concluded with a discussion of the importance of "coordination of radio spectrum". He stated that the "USTR should encourage the coordination of frequency allocation, which will be necessary to improve international roaming capabilities among the countries of the Americas.  International roaming capabilities will be key to the growth of third generation (3G) wireless services throughout the region."
EU Lists Products Under Consideration for FSC/ETI Related Retaliatory Tariffs
9/13. The European Union published a document [14 pages in PDF] titled "Notice relating to the WTO Dispute Settlement proceeding concerning the United States tax treatment of Foreign Sales Corporations (FSC) -- Invitation for comments on the list of products that could be subject to countermeasures".
On August 30, the World Trade Organization (WTO) issued a Decision of the Arbitrator [46 pages in PDF] in the FSC/ETI dispute. The WTO had previously held that the United States' Foreign Sales Corporation (FSC) tax regime, and its replacement, the Extraterritorial Income (ETI) regime, constitute illegal export subsidies. This decision authorizes the EU to impose $4 Billion in countermeasures, or retaliatory tariffs.
The just released EU notice states that "In order to elaborate the final list of products to be presented to the WTO and which could be subject to countermeasures, the Commission invites European Community companies, trade associations or any other interested party in the European Community ... to present their views and comments."
It continues that "Interested parties are hereby invited to present their views and comments on the products covered by the list contained in Annex A to this notice within 60 days from the publication of this notice in the Official Journal of the European Communities."
The attached Annex A then lists thousands of product category numbers from the European Union Harmonized Tariff Schedule 2002 (EUHTS). Notably, page 12 of the EU notice lists 310 product category codes from Chapter 85 [PDF] of the EUHTS, which pertains to "Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles".
This list includes some products of the U.S. electronics industry. However, it does not list many other products of the U.S. electronics and other high tech industry sectors.
The following is a partial listing of category numbers, and the associated product descriptions, that are on the EU list: 8517 telephone equipment, 8518 microphones and speakers, 8519 cassette players and other sound producing devices, 8520 tape recorders and other sound recording apparatus, 8521 video recording or producing apparatus, 8523 magnetic disks, 8524 20 91 transmission apparatus for cellular networks, 8525 40 11 digital cameras, 8527 21 radio receivers, 8528 12 television reception apparatus, 8528 21 14 video monitors, 8531 20 LCDs and LEDs, 8532 electrical capacitors, 8533 electrical resistors, 8535 & 8536 switches, circuit breakers, relays, 8541 21 dynamic random  access memories (DRAMs), Static random access memories (SRAMs), and FLASH E˛PROMs, 8542 29 70 interface circuits and interface circuits capable of performing control functions, and 8548 90 10 memories in multicombinational forms such as stack DRAMs and modules.
The EU list also includes books and newspapers.
The U.S. may avoid the imposition of EU retaliatory measures, by repealing the ETI. Rep. Bill Thomas (R-CA), the Chairman of the House Ways and Means Committee, introduced HR 5095, the American Competitiveness and Corporate Accountability Act of 2002, on July 11, 2002, to address the WTO's rulings regarding the FSC and ETI. See also, Rep. Thomas' summary. However, no action has been taken on the bill. Also, there is no replacement legislation pending in the Senate.
People and Appointments
9/12. The Senate confirmed Arthur Schwab to be a Judge of the U.S. District Court for the Western District of Pennsylvania by a vote of 92-0. See, Senate Roll Call No. 216.
9/12. The Senate confirmed Timothy Corrigan to be a Judge of the U.S. District Court for the Middle District of Florida by a vote of 88-0. See, Senate Roll Call No. 213.
More News
9/12. The Federal Communications Commission (FCC) announced, but did not release, a Notice of Proposed Rulemaking (NPRM) and Memorandum Opinion and Order (MOO) regarding its telemarketing rules. The FCC issued a press release [PDF] in which it stated that among the questions asked in the NPRM is whether "to revisit the option of establishing a national do not call list and, if so, how such action might be taken in conjunction with (1) the Federal Trade Commission's (FTC) recent proposal to adopt a national do not call list and (2) the various state do not call lists." See also, statement [PDF] of Michael Powell, and statement [PDF] of Kathleen Abernathy.
IIPI Conference Addresses Creation of Specialized Courts for Copyright Cases
9/13. The International Intellectual Property Institute (IIPI) hosted a two day conference in Washington DC titled "Specialized Intellectual Property Courts" on September 12 and 13. One of the topics addressed was the creation of specialized courts with jurisdiction over copyright law.
Bruce Lehman, the President of the IIPI, spoke at a panel on September 12. He stated that when you try to create courts with specialized jurisdiction "politically, you are obviously going to have some people who don't like it. And the strongest group of people who don't like it are usually the members of the bar, the lawyers, who live and work in geographical locations where the court is not going to meet. I think this is probably a problem in Europe as they struggle with creating specialized courts."
Lehman added that "I was around when we created the Court of Appeals for the Federal Circuit. And, the way we dealt with that was that we required it to sit in different jurisdictions throughout the United States. So that was one solution to the problem. Interestingly, however, even though the Court has been in existence now for twenty years, that has turned out to be a fairly meaningless provision of the law."
Edward Damich [PDF], Chief Judge of the U.S. Court of Federal Claims, who spoke on the same panel, stated that currently, the U.S. Courts of Appeal for the 2nd and 9th Circuits handle most of the copyright cases, and their bar associations would therefore oppose the creation of a specialized court for copyright cases.
Judge Damich also pointed out that one criticism of specialized courts is that "it is co-opted by the group that is before it." He reviewed legal developments in the Federal Circuit, and concluded that "it has not been co-opted by the patent bar." He stated, for example, that while the Court has been receptive to business method and biotech patents, it has also made it very hard to show infringement.
Michael Landau, a professor of law at Georgia State University Law School, argued for the creation of specialized copyright courts in the U.S. He reviewed the various issues where there are splits between various circuits. He concluded that specialized courts are necessary to create uniformity of interpretation among the different circuits, and to ensure greater predictability.
He argued for specialized copyright trial courts, in addition to an appeals court. However, he added, "I am not going to hold my breath on that one."
Panelists also compared the history of the creation of the Federal Circuit, with patent jurisdiction, to the possibility of the creation of a specialized court with copyright jurisdiction.
Gerald Mossinghoff, a former head of the U.S. Patent and Trademark Office (USPTO), related that prior to the creation of the Federal Circuit, the business community was losing faith in the patent system, but that the copyright system has not reached this state.
Martin Adelman, a professor at the George Washington University School of Law, made the point that the Judges' view will be taken into consideration. He also pointed out that many judges do not want to hear patent cases, but do want copyright cases. Judge Damich quipped that judges may not like to hear certain types of cases, but as soon as someone suggests taking away their jurisdiction over those cases, they develop a new appreciation.
Randall Rader, Chief Judge of the Federal Circuit, and Michael Ryan, a professor at the Georgetown University McDonough School of Business, spoke with reporters on September 13.
Judge Rader said that "Our specialized patent jurisdiction kind of grew out of our unique historical experience. We had the regional split problem, the inability of the Supreme Court to really deal with the magnitude of the problem. Even the legislative changes of 1952 did not seem to work. So, finally, we went to an institutional change -- the Federal Circuit. And, it worked so well, that it has kind of set an example, I think, for other nations in the world to try and use similar tactics.
Judge Rader continued that "the United States model may not be the model that works the best for every country. It may be better to have the expertise of the judges at the fact finding stage -- at the trial court level -- depending upon how it works for each country. At least the principle is, I think, sound that intellectual property enforcement is probably best when unified. I would think that would apply to copyright and trademarks as well. I don't think that is going to happen quickly here in the United States, just because of, kind of, the history, and those developed differently here."
Michael Ryan, a professor at the Georgetown University McDonough School of Business, stated that "there may be a couple of factors there that might play in. One would be the size of the country." He said that the number of judges and size of the economy would be important. He stated, as examples, that China or India probably could not have one holistic intellectual property court, but Jordan or Peru could.
Judge Rader added that "it has something to do with the number of cases too. If you have as many patent cases as we have, you know, about twenty-two hundred filed a year here in the United States, patent cases. That is enough to keep this Court, and a good many other courts plenty busy. In a country like Jordan or Peru, they probably have fewer patent cases, but if you combine them with the copyright, and the trademark, and the trade secret, and the trade dress, and the other types of cases, suddenly they have a docket that really demands attention."
Judge Rader Comments on IPR and Courts in PR China
9/13. Randall Rader, Chief Judge of the U.S. Court of Appeals for the Federal Circuit, addressed enforcement of intellectual property rights in the People's Republic of China in a meeting with reporters. He stated that the Shanghai High Court is doing very well, but other courts are behind.
Judge Rader, who has been to China five times since 1994, stated that "China has places like Shanghai that just expanding economically. And I think the correlation there is that the Shanghai High Court has been very diligent in enforcing contracts, and protecting intellectual property, and resolving commercial disputes, which has formed the climate for investment, and for growth. And, if an international business feels that they are not working in a climate that protects their property, they will take their business elsewhere. And I think the best thing that can happen for an emerging economy, or a transitioning economy, is to have a really sound court system -- independent court system, a competent court system. They need to learn the international standard and enforce it."
Judge Rader, who was responding to questions from a China Radio International reporter, continued that China "is uneven". He continued, "Let me humbly offer this opinion. It is not for me to judge a great nation like China. My observation is that some places are approaching the international standard, and working hard to achieve it."
He continued that "Shanghai I think is doing very well. Other places are behind Shanghai, and not recognizing their potential yet. Shanghai, Hong Kong, of course, for many years have been economic centers, and they recognize the importance of international investment. But, if you go more into the western reaches of China you see less evidence of this concern about economic -- protection of economic rights."
He was asked what are the most pressing problems that China needs to address. Rader responded, "it is all somewhat interconnected, but I do think you need more judicial resources, you need to train those resources. We are talking about judges, but it stretches beyond judges. You need policemen. You need customs authorities. You need legislatures and law makers who will make their laws conform to the laws of TRIPS, who will provide the funding for the courts, who will provide the funding for the customs officers. It is a national commitment to make their economic institutions work. And, our narrower focus is on judicial capacity and judicial resources. But, we recognize that judges will only become independent and capable if they have the support of their governments, their police forces, their justice ministries, their societal framework in general."
Judge Rader also stated that "I have seen progress. Each time I go back more judges are becoming educated in intellectual property. And I have seen a growing effort to enforce economic rights."
IIPI Report Argues IP Courts are Critical for Economic Growth
9/12. Michael Ryan, a professor at the Georgetown University McDonough School of Business, and Albena Petrova, of the International Intellectual Property Institute (IIPI), wrote a report titled "Judicial Capacity Regarding Intellectual Property -- Enforcement and Dispute Settlement".
The two argue that "capitalist, market based economies owe their successes in part to effective social institutions, governments and courts. ... Courts are becoming increasingly appreciated as critical institutions for economic success. We contend that growth in the developing and transitioning economies of Latin America, Africa, eastern Europe, the Middle East, Asia, and the Pacific critically rests on the capacities of courts and judges to enforce commercial rights and resolve commercial conflicts."
The report argues that "increased specialization by judges and courts can help manage challenges of complexity ..." It also argues that "the establishment of specialized IP courts composed of knowledgeable, fair judges, adequately supported through transparent, meritocratic processes, who are well-paid, who are empowered with bench authority, yet made accountable to the public and their elected representatives will over time earn legitimacy."
It concludes that "the establishment of specialized intellectual courts is an emerging trend in the world economy. The logic of the organizational demands of building judicial capacity to manage knowledge, achieve efficiency, and earn legitimacy with respect to IP enforcement and dispute settlement suggests that specialized IP courts may become ever-more common around the world."
The 120 report was published by the IIPI. It was sponsored by the USPTO.
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Notices & Disclaimers
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Monday, September 16
Yom Kippur.
Neither the House nor the Senate will be in session.
Deadline to submit comments and notices of intention to participate to the Copyright Office in response to its notice in the Federal Register directing "all claimants to royalty fees collected in 1999, 2000 and 2001 for the distribution of digital audio recording devices and media to submit comments as to whether a controversy exists as to the distribution of the royalty fees in the 1999, 2000 and 2001 Musical Works Funds."
Deadline to register for the FCC's September 18 auction seminar for Auction No. 46. This is for the 1670-1675 MHz band auction, scheduled for October 30, 2002. See, notice with registration form [PDF].
Tuesday, September 17
The House will meet at 12:30 PM for morning hour and at 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.
The Senate will meet at 9:30 AM for morning business. It will resume consideration of the Interior Appropriations Act at 10:30 AM. It will recess for weekly party conferences at 12:30 PM. It will resume consideration of the Homeland Security Act at 2:15 PM. It will resume consideration of the Interior Appropriations Act at 4:15 PM.
8:00 AM EDT. Qwest Communications will web cast a meeting between investors and Ch/CEO Richard Notebaert and VCh/CFO Oren Shaffer. See, web cast page for both live cast and replay. See also, release.
9:00 AM - 5:00 PM. Day one of a three day meeting of the Computer System Security and Privacy Advisory Board (CSSPAB). The agenda includes (1) discussion of a CSSPAB privacy report, (2) discussion of a CSSPAB baseline standards report, (3) updates on computer security legislation, (4) an update by the OMB on privacy and security issues, (5) an agency briefing on compliance with the Government Paperwork Elimination Act (GPEA), (6) and a discussion of DMCA issues. Location: GSA, 7th and D Streets, SW, 5700.
9:00 AM. The Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee (RPTAC) will hold a partially open meeting. The agenda for the open portion of the meeting includes a presentation of papers or comments by the public, an update on pending regulations, a discussion of TSR MTOP limit comments, a discussion of the Unverified List, a review of SNAP 2002 status, a discussion of AES regulations & SED recordkeeping requirements, a discussion on implementation of CCL User Friendliness recommendations, and updates from working groups. See, notice in the Federal Register. Location: Room 3884, Department of Commerce, 14th Street between Constitution and Pennsylvania Avenues, NW.
9:30 AM. The U.S. Court of Appeals (DCCir) will hold an en banc hearing in Ruggiero v. FCC, No. 00-1100. On February 8, a three judge panel issued its split opinion holding unconstitutional the ban on issuance of low power FM radio broadcast licenses to anyone who has previously engaged in an unlicensed operation. The set of people who have engaged in unlicensed broadcasting who may seek low power FM licenses is a very small and insignificant group. However, this case could have a broader impact. The en banc panel may provide an analysis of the application of the First Amendment to broadcast speech that affects a wider range of speakers. Location: Courtroom 20, 333 Constitution Ave., NW.
10:30 - 11:30 AM. Secretary of Commerce Don Evans, Education Under Secretary Eugene Hickok, and National Science Foundation Director Rita Colwell will hold a press conference to release a "compilation of visions" prepared by members of industry, academia and government on how emerging technologies might be used in education and training. See, notice. Location: Secretary's Conference Room, 5th floor, Department of Commerce, 14th and Constitution Ave., NW.
FULL: WALK INS WILL NOT BE ADMITTED. 12:00 NOON - 4:30 PM. The Cato Institute will host an event titled "The Supreme Court: Past and Prologue. A Look at the October 2001 and October 2002 Terms". Location: 1000 Massachusetts Avenue, NW.
2:30 PM. The Senate Commerce Committee's Subcommittee on Science, Technology, and Space will hold a hearing to on nanotechnology. Location: Room 253, Russell Building.
Wednesday, September 18
The House will meet at 10:00 AM for legislative business.
7:30 - 9:00 AM. The National Association of Manufacturers (NAM) will host a breakfast. Rep. Tom Davis (R-VA) will speak on the upcoming elections. See, notice. Location: Grand Hyatt Hotel, 1000 H Street, NW.
9:00 AM - 5:00 PM. Day two of a three day meeting of the Computer System Security and Privacy Advisory Board (CSSPAB). The agenda includes (1) discussion of a CSSPAB privacy report, (2) discussion of a CSSPAB baseline standards report, (3) updates on computer security legislation, (4) an update by the OMB on privacy and security issues, (5) an agency briefing on compliance with the Government Paperwork Elimination Act, (6) and a discussion of DMCA issues. Location: GSA, 7th and D Streets, SW, 5700.
9:00 AM. FCC Commissioner Kevin Martin will speak at an Alliance for Public Technology event. Location: Loew's L'Enfant Plaza Hotel.
9:30 AM - 1:00 PM. The FCC will hold an auction seminar for Auction No. 46 applicants. This is for the 1670-1675 MHz band auction, scheduled for October 30, 2002. See, notice with registration form [PDF]. Registration starts at 9:30 AM. The seminar begins at 10:00 AM. Location: FCC, 445 12th Street, SW, Room 8-C245.
10:00 AM - 3:00 PM. The FCC's Technological Advisory Council will hold a meeting. See, notice in Federal Register. Location: FCC, 445 12th St., SW, Room TW-C305.
10:00 AM. The Senate Judiciary Committee will hold a hearings to examine pending judicial nominations. See, notice. Location: Room 226, Dirksen Building.
10:00 AM. The House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing on HR 5119, the Plant Breeders Equity Act of 2002. Audio web cast. Location: Room 2141, Rayburn Building.
12:15 PM. The FCBA's Transactional Practice Committee will host a brown bag lunch. The topic will be FBI and CFIUS issues that arise in telecommunications transactions. The scheduled speakers are Richard Salgado (FBI) and Gay Sills and Jack Dempsey (CFIUS). RSVP to wendy @fcba.org. Location: FCC, 445 12th Street, SW, Room 8-B411.
1:00 PM. The House Judiciary Committee's Subcommittee on Immigration, Border Security, and Claims, and the House Ways and Means Committee's Subcommittee on Social Security will hold a joint oversight hearing titled "Preserving the Integrity of Social Security Numbers and Preventing Their Misuse by Terrorists and Identity Thieves". Location: Room 1100, Longworth Building.
6:00 - 8:00 PM. The FCBA will host a CLE seminar titled "The Wake-Up Call -- Telecommunications Policies One September Later". The scheduled speakers include Marsha MacBride (FCC Chief of Staff and Director of the FCC's Homeland Security Policy Council), Howard Waltzman (Counsel to House Commerce Committee), Owen Wormser (DOD Principal Director for Spectrum, Space, Sensors & C3), Mike Gallagher (NTIA), Jeffery Goldthorp (FCC). For more information contact Laura Phillips at 202 842-8891 or Lauren Van Wazer at 202 418-0030. RSVP to wendy @fcba.org. Registrations and cancellations are due by 5:00 PM on September 16. Location: Sidley Austin, Conference Room 6-E, 1501 K Street NW.
6:00 - 8:00 PM. The FCBA's Young Lawyers Committee will host an event titled Career Night.
TIME? The Trade Policy Staff Committee (TPSC) will hold a hearing on China's compliance with the commitments it made in connection with its accession to the World Trade Organization (WTO). See, U.S. Trade Representative (USTR) notice in the Federal Register.
TIME? The FTC has scheduled a hearing in the matter of its administrative complaint against Rambus alleging anti competitive behavior in violation of Section 5 of the Federal Trade Commission Act in connection with its participation in a standard setting body for dynamic random access memory products. See also, FTC release. Location: FTC.
Day one of a two day Homeland Security Technology Expo hosted by the Department of Commerce's Technology Administration and Bureau of Industry and Security (BIS). See, BIS notice. For more information contact Cheryl Mendonsa (202 482-8321). Location: DC Armory.
Deadline for the FCC to act on BellSouth's application to provide in region interLATA services in the states of Alabama, Kentucky, Mississippi, North Carolina, and South Carolina.
Thursday, September 19
The House will meet at 10:00 AM for legislative business.
8:00 AM. The U.S. Chamber of Commerce's National Chamber Litigation Center will host a press briefing on the upcoming term of the Supreme Court. Charles Cooper (Cooper & Kirk) and Carter Phillips (Sidley & Austin. A continental breakfast will be served. RSVP to 202 463-5337 or nclc @uschamber.com. Location: 1615 H Street, NW.
8:00 AM. Treasury Secretary Paul O'Neill will speak at the American Business Conference CEO's Fall Meeting. Location: Jefferson Hotel, 1200 16th Street, NW.
9:00 AM - 3:00 PM. Day three of a three day meeting of the Computer System Security and Privacy Advisory Board (CSSPAB). The agenda includes (1) discussion of a CSSPAB privacy report, (2) discussion of a CSSPAB baseline standards report, (3) updates on computer security legislation, (4) an update by the OMB on privacy and security issues, (5) an agency briefing on compliance with the Government Paperwork Elimination Act (6) and a discussion of DMCA issues. Location: GSA, 7th and D Streets, SW, 5700.
9:00 AM - 5:30 PM. Subcommittees of the FCC's Public Safety National Coordination Committee will hold meetings. The Interoperability Subcommittee will meet at 9:00 - 11:30 AM. The Technology Subcommittee will meet at 12:30 - 3:00 PM. The will meet at 3:00 - 5:30 PM. Location: FCC, 445 12th Street, SW, Room TW-C305.
10:00 AM. The Senate Judiciary Committee will hold a business meeting. See, notice. Location: Room 226, Dirksen Building.
10:00 AM. The Senate Commerce Committee will meet in executive session to mark up pending legislation. Location: Room 253, Russell Building.
11:00 AM. The Cato Institute will host a panel discussion titled "Copy Fights: Can Politicians or Entrepreneurs Best Protect Intellectual Property?" The scheduled speakers are Rep. Howard Berman (D-CA), Gigi Sohn (Public Knowledge), Phil Corwin (Butera & Andrews), Troy Dow (MPAA), Ed Black (CCIA), and James Miller (Smith College). Lunch will follow the program. See, notice. Location: Cato Institute, 1000 Massachusetts Ave., NW.
12:00 NOON. The Progress and Freedom Foundation (PFF) will host a luncheon panel discussion titled "The Future of Telecom". The participants will be Ivan Seidenberg (CEO of Verizon), Randolph May (PFF), Scott Cleland (Precursor Group), Blair Levin (Legg Mason Equity Research), and Brett Swanson (The Gilder Technology Report). To register, contact Rebecca Fuller at rfuller @pff.org or 202 289-8928. Location: Ronald Reagan Building, Pavilion Room, 1300 Pennsylvania Ave., NW.
2:00 PM. The Senate Judiciary Committee's Antitrust Subcommittee will hold an oversight hearing on enforcement of the antitrust laws. See, notice. Location: Room 226, Dirksen Building.
4:00 PM. Michael Birnhack (Professor at the University of Haifa Faculty of Law) will give a lecture titled "The Denial of the Copyright Law / First Amendment Conflict" as a part of the George Washington University Law School Intellectual Property Workshop Series. For more information, contact Prof. Robert Brauneis at 202 994-6138. Location: Faculty Conference Center, 5th Floor Burns, 716 20th Street, NW.
6:00 - 8:00 PM. The FCBA's Young Lawyers Committee will host a Career Night for law students and new attorneys. FCC Commissioner Kevin Martin will participate. For more information, contact Yaron Dori at 202 637-5600 or ydori @hhlaw.com or Ryan Wallach at 202 429-4759 or rwallach @willkie.com. RSVP to Wendy @fcba.org. Location: Hogan & Hartson, 555 13th Street, NW.
Day two of a two day Homeland Security Technology Expo hosted by the Department of Commerce's Technology Administration and Bureau of Industry and Security (BIS). See, BIS notice. For more information contact Cheryl Mendonsa (202 482-8321). Location: DC Armory.
President Bush is scheduled to release a document that states a national strategy for cyber security.
Friday, September 20
The House will not be in session.
8:30 - 10:00 AM. Harold Furchtgott Roth and Gregory Sidak of the American Enterprise Institute (AEI) will host a press breakfast titled "Is the FCC Moving Too Slowly?". The AEI states that this is a "media only" event. RSVP Veronique Rodman at vrodman @aei.org or call Heather Dresser at 202 862-5884. Location: AEI, 11th Floor Conference Room, 1150 17th Street, NW.
9:30 AM - 12:30 PM. The FCC's Public Safety National Coordination Committee will meet. See, notice in Federal Register. Location: FCC, 445 12th Street, SW.