9/22. The Federal Communications Commission (FCC) issued a Notice of Apparent Liability for Forefeiture (NAL) [33 pages in PDF] fining Viacom owned CBS affiliates $550,000 for airing indecent material in violation of 18 U.S.C. § 1464 and § 73.3999 of the FCC's rules. The FCC did not fine non Viacom owned CBS affiliates that also aired the indecent material.

This NAL states that the FCC finds that a CBS broadcast on February 1, 2004 "apparently violates the federal restrictions regarding the broadcast of indecent material". The programming at issue, which occurred at 8:30 PM EST, included the display of a woman's breast. The programming was musical entertainment during the half time break of sports event titled "National Football League's Super Bowl XXXVIII".

The NAL states that Viacom, "as the licensee or ultimate parent of the licensees of the Viacom Stations, is apparently liable for a monetary forfeiture in the aggregate amount of Five Hundred Fifty Thousand Dollars ($550,000.00), which represents the statutory maximum of $27,500 for each Viacom Station that broadcast the material."

This NAL also states that "Although we conclude that the non-Viacom-owned CBS Affiliate stations also aired this programming, ... we decline to propose a monetary forfeiture or other sanction against the licensees of those stations."

FCC Chairman Michael Powell wrote in a separate statement [PDF] that CBS's halftime show exposure was a "stunt more fitting of a burlesque show". He wrote that "The U.S. Constitution is generous in its protection of free expression, but it is not a license to thrill."

He added that "although individual licensees are indeed responsible for what is broadcast over the airwaves to their individual communities, fundamental fairness dictates that in this instance we not sanction those affiliates not owned by Viacom. ... In contrast, Viacom was not so passively involved. Viacom is the parent company of not only the CBS network, which aired the program, but also of MTV, which developed, rehearsed and produced the program. The Viacom organization knew, or surely should have known, what was to come."

FCC Commissioner Kevin Martin wrote in a separate statement [PDF] that "we need to affirm local broadcasters’ ability -- and responsibility -- to reject inappropriate programming. This obligation is critical to local broadcasters’ ability to keep coarser network programming off the air in their communities. The network affiliates asked us to clarify that this right over three years ago. We still have not acted, and thus I concur in the decision not to fine the affiliates in this instance."

FCC Commissioner Michael Copps wrote in a separate statement [PDF] that "I am concerned by the precedent we establish in failing to assess a penalty against non-Viacom-owned affiliates that aired the Super Bowl. I recognize that the affiliates likely did not expect that this national event would include such indecency. Yet, many stations air programming that they do not produce themselves. The Commission must be careful not to signal that we would excuse indecent broadcasts merely because a station did not control the production of the content."

Copps (at right) added, "let's not kid ourselves that this fine will serve as a disincentive to multi-billion dollar conglomerates broadcasting indecency. This fine needs to be seen in the context of a broadcast in which each 30-second commercial cost more than $2 million. In other words, this fine represents less than 10 seconds of ad time on the Super Bowl and will be easily absorbed as a cost of doing business."

FCC Commissioner Jonathan Adelstein wrote in a separate statement [PDF] that "I find today's remedy totally inadequate." He elaborated, "Most troubling, this decision sets a puzzling precedent by failing to hold all licensees responsible for the material broadcast over their stations. Why announce such a thorough investigation if we just let some of the stations that broadcast this material completely off the hook?"

This NAL is FCC 04-209. The FCC adopted this item on August 31, 2004, but did not release it until September 22, 2004.

9/22. A grand jury of the U.S. District Court (EDNY) returned an indictment [45 pages in PDF] on September 17, 2004, that charges Sanjay Kumar and Stephen Richards with violation of various federal criminal laws in connection with their involvement in an accounting fraud scheme and subsequent efforts to obstruct the federal government's investigation.

Kumar is a former CEO and Chairman of the Board of Computer Associates International, Inc. (CA). Richards is a former head of worldwide sales of CA. On September 22 the District Court unsealed the indictment.

CA is a publicly traded company based in Islandia, New York, that provides management software.

Department of Justice (DOJ) officials announced these actions at an event in Washington DC. James Comey (at right), the Deputy Attorney General, stated that "The defendants are accused of perpetrating a massive accounting fraud that cost public investors hundreds of millions of dollars when it collapsed. Then they allegedly tried to cover up their crimes by lying".

Roslynn Mauskopf, the U.S. Attorney for the Eastern District of New York, stated that "For more than two years, former CA executives are allegedly obstructed the government's investigation ... However, they failed to prevent the government from getting to the truth. In fact, all they accomplished was getting themselves charged with the additional obstruction of justice crimes, which now carry stiff penalties under Sarbanes-Oxley."

The indictment charges both Kumar and Richards with:
 • one count of conspiracy to commit securities fraud and wire fraud in violation of 18 U.S.C. §§ 371 and 3551, et seq.,
 • one count of securities fraud in violation of 15 U.S.C. §§ 78j(b) and 78ff and 18U.S.C. §§ 2 and 3551, et seq.,
 • four counts of false SEC filings in violation of 15 §§ 78m(a) and 78ff, 17 CFR § 240.13a-1, and 18 U.S.C. §§ 2 and 3551, et seq.,
 • one count of conspiracy to obstruct justice in violation of 18 U.S.C. §§ 1512(k) and 3551, et seq., and
 • one count of obstruction of justice in violation of 18 U.S.C. §§ 1512(c)(2), 2, and 3551, et seq.

The indictment also charges Richards only with one count of perjury in violation of 18 U.S.C. §§ 1621(1) and 3551, et seq.

The indictment also charges Kumar only with one count of making false statements to the FBI in violation 18 U.S.C. §§ 1001(a)(1), 1001(a)(2) and 3551, et seq.

The DOJ also charged Steven Woghin, an attorney who was employed in CAI's legal department, by criminal information with conspiracy to commit securities fraud and obstruction of justice.

See also, DOJ release.

9/22. The Department of Justice (DOJ) charged Computer Associates International, Inc. (CA) by criminal information with securities fraud and obstruction of justice. In addition, the DOJ announced that CA has agreed to plead guilty, and has entered into a deferred prosecution agreement.

In this agreement CA:
 • acknowledges its violations of law,
 • agrees to continue to cooperate in any investigation, criminal prosecution or civil proceeding relating to or arising out of its conduct and that of its officers and employees,
 • agrees to pay an additional $225 Million in restitution to current and former CA shareholders who suffered losses,
 • agrees to institute certain enumerated corporate reforms, and
 • agrees to retain and compensate an independent individual or entity to examine CA's compliance with this agreement

Lewis Ranieri, the current Chairman of CA, stated in a release that "On behalf of the Company and all its employees, we tender our sincere apologies to our shareholders and customers."

Ranieri said that "Some former members of CA's management engaged in illegal activity ... Violations of law and ethical standards, including securities fraud, obstructing a government investigation, and lying to CA's Board of Directors and CA's lawyers cannot be condoned. We fully support the government’s efforts to bring all responsible parties to justice. In addition, we will do everything in our power to help the government recover unjust enrichments. The Restitution Fund, the numerous changes we have made over the past year, and the changes we will make in the future will help rebuild confidence in our Company."

9/22. The Securities and Exchange Commission (SEC) filed a civil complaint [18 pages in PDF] in U.S. District Court (EDNY) against Computer Associates International, Inc. (CA), alleging violation of federal securities laws in connection with its premature recognition of revenue. The SEC also filed a separate civil complaint [35 pages in PDF] against Sanjay Kumar and Stephen Richards. And, the SEC filed a civil complaint [25 pages in PDF] against Steven Woghin.

The complaint against CA alleges that "CA, through various former senior executives and other employees, engaged in a widespread practice that resulted in the improper recognition of revenue by CA, one of the world’s largest software companies."

The complaint against CA alleges violation of Section 17(a) of the Securities Act of 1933, Sections 10(b), 13(a), 13(b)(2)(A) and 13(b)(2)(B) of the Securities Exchange Act of 1934, and Rules 10b-5, 12b-20, 13a-1 and 13a-13 thereunder.

The SEC announced also that "Computer Associates has agreed to settlements with the SEC and the Justice Department in which the company will pay $225 million in restitution to shareholders and will make reforms to its corporate governance and financial accounting controls. Woghin has agreed in a partial settlement to a permanent injunction and officer and director bar with monetary sanctions to be decided at a later point." See, SEC release.

The complaint against Kumar and Richards alleges that from the fourth quarter of 1998 through the second quarter of 2001, "CA prematurely recognized revenue from software contracts that had not yet been executed by both CA and its customer, in violation of Generally Accepted Accounting Principles ("GAAP"). Through the conduct of various senior executives and other employees, including Kumar and Richards, CA held its books open for several days after the end of each quarter to prematurely record in that quarter revenue from contracts that were not executed by customers or CA until several days or more after the expiration of the quarter (the "Extended Quarters Practice"). CA often concealed this practice by using licensing contracts that falsely bore preprinted signature dates for the last day of the quarter that had just expired, rather than the subsequent dates on which the contracts actually were executed."

It adds that "Kumar, as CA’s President and COO, helped orchestrate and further CA’s improper revenue recognition by (1) deciding with other CA executives to extend CA’s fiscal quarters until CA had reached a predetermined revenue target based on Wall Street estimates; (2) in at least FY2000, helping CA obtain various contracts after quarter end, including backdated contracts, while knowing, or recklessly disregarding the fact that, CA would prematurely recognize the revenue from those contracts; and (3) signing false Forms 10-K and 10-Q filed with the Commission while knowing, or recklessly disregarding the fact that, those filings were materially false and misleading."

This complaint alleges violation of Section 17(a) of the Securities Act, Sections 10(b) and 13(b)(5) of the Exchange Act, Rules 10(b)-5 and 13b2-1 thereunder, and Section 20(e) of the Exchange Act.

9/13. The Center for Democracy and Technology (CDT), and a collection of interest groups and trade associations, filed an amicus curiae brief [17 pages in PDF] with the U.S. Court of Appeals (9thCir) in Yahoo v. LICRA supporting Yahoo's petition for rehearing and rehearing en banc.

On August 23, 2004, a three judge panel of the Court of Appeals issued its split opinion [34 pages in PDF], holding that the U.S. District Court lacks personal jurisdiction over the French defendants. The French defendants, LICRA and UEJF, sued Yahoo in a French court, and obtained a judgment ordering Yahoo to stop publishing certain material in its web site located in the U.S. In the present action, Yahoo sued the French defendants in U.S. District Court seeking a declaratory judgment that the French judgment is unenforceable in the U.S. because it violates the First Amendment. The District Court held that it does have personal jurisdiction over the French defendants, and that the French judgment violates the free speech rights of Yahoo. On August 23, the Appeals Court reversed the District Court. It held that the District Court lacks personal jurisdiction because the French defendants have not purposely availed themselves of the benefits of the forum.

The brief states that the risks of foreign action "are not speculative, and France is not the only country that rejects the free and unfettered debate that is constitutionally protected in the United States. China prohibits discussion of the events at Tiananmen Square, Saudi Arabia censors criticism of that country's government, Syria bans Internet speech that is considered to be pro-Israel, and even countries such as Australia and Italy impose far stricter limits on public discourse than would be permitted in the United States. ... Often the speech foreign governments attempt to suppress is political speech, a category of speech that warrants the highest possible constitutional protection."

The amicus brief concludes that "If the panel's decision stands, Internet speakers, publishers, merchants, and service providers will face mounting persecution abroad for speech that is lawful in the United States ..."

See also, story titled "9th Circuit Reverses in Yahoo v. LICRA" in TLJ Daily E-Mail Alert No. 965, August 24, 2004; story titled "NDCal: French Court Order Restricting Internet Speech is Unenforceable in U.S." in TLJ Daily E-Mail Alert No. 305, November 9, 2001; and story titled "U.S. Has Jurisdiction over French Defendants in Yahoo v. LICRA" in TLJ Daily E-Mail Alert No. 205, June 11, 2001.

9/22. The Federal Communications Commission (FCC) released the text [63 pages in PDF] of its Sixth Report and Order, Third Memorandum Opinion and Order (in ET Docket No. 00-258) and Fifth Memorandum Opinion and Order (in ET Docket No. 95-18). This item (FCC 04-219) pertains to making more spectrum available for advanced wireless services (AWS), such as third generation wireless (3G) services. The FCC adopted, but did not release, this item at its September 9, 2004 meeting. See, story titled "FCC Makes Additional 20 MHz of Spectrum Available for Advanced Wireless Services" in TLJ Daily E-Mail Alert No. 975, September 13, 2004.

9/22. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS/BXA) published a notice in the Federal Register that describes, recites, and sets the effective date for its rule changes pertaining to exports to India. See, Federal Register, September 22, 2004, Vol. 69, No. 183, at Pages 56693 - 56695.

9/21. A trial jury of the U.S. District Court (NDCal) returned a verdict in Immersion v. Sony, a patent infringement case involving Sony Playstations. The jury found that Sony Computer Entertainment, Inc. and Sony Computer Entertainment of America, Inc. infringed Immersion Inc.'s U.S. Patent No. 6,275,213 and U.S. Patent No. 6,424,333, both of which are titled "tactile feedback man-machine interface device". The jury also awarded Immersion damages of $82 Million. See, Immersion release.

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9/22. The Senate Commerce Committee approved four technology and communications related bills at its business meeting on September 22, 2004.

The Committee amended and approved S 1963, the "Wireless 411 Privacy Act", a bill to require that "A provider of commercial mobile services ... may not include the wireless telephone number information of any subscriber in any wireless directory assistance service database unless" it "obtains express prior authorization" from the subscriber. The Committee approved an amendment in the nature of a substitute offered by Sen. Barbara Boxer (D-CA) on a roll call vote of 12-10. It then approved the bill as amended by voice vote.

The Committee amended and approved S 2145, the "Software Principles Yielding Better Levels of Consumer Knowledge Act", or "Spy Block Act", a bill to address spyware. See, story titled "Senators Introduce Anti-Spyware Bill" in TLJ Daily E-Mail Alert No. 847, March 2, 2004. The Committee approved an amendment in the nature of a substitute offered by Sen. Conrad Burns (R-MT), the sponsor of the bill. The Committee also approved a amendment offered by Sen. George Allen (R-VA) that would add a new § 1030A to the criminal code. It is similar to HR 4661 the "Internet Spyware (I-SPY) Prevention Act of 2004", which the House Judiciary Committee approved on September 8, 2004. See, story titled "Judiciary Committee Members Introduce Spyware Bill" in TLJ Daily E-Mail Alert No. 928, June 29, 2004, and story titled "House Judiciary Committee Approves Spyware Bill" in TLJ Daily E-Mail Alert No. 973, September 9, 2004.

The Committee approved S 1380, the "Rural Universal Service Equity Act of 2003", a bill to amend 47 U.S.C. § 254 to provide for a broader distribution of rural universal service support subsidies, on a roll call vote of 13-9.

The Committee amended and approved S 2820, the "Spectrum Availability for Emergency-Response and Law-Enforcement to Improve Vital Emergency Services (SAVE LIVES) Act". This bill, which is sponsored by Sen. John McCain (R-AZ), pertains to the digital television (DTV) transition, and making spectrum available for public safety users. Section 3 pertains to setting a specific date for the availability of spectrum for public safety organizations, and creating a deadline for the transition to DTV. The Committee approved an amendment in the nature of a substitute offered by Sen. McCain. But first, the Committee approved a second degree amendment offered by Sen. Burns that replaces Section 3. Notably, it contains the provision, "The FCC may waive the requirements ... to the extent necessary to avoid consumer disruption". Sen. McCain called this the "NAB amendment" and a "big loophole". Sen. Boxer said that it "nullifies" the date certain. The Committee approved the Burns amendment on a roll call vote of 13-9.

TLJ will publish more detailed coverage of this mark up in the next issue.

9/22. The House approved HR 5025, the "Transportation, Treasury, and Independent Agencies Appropriations Act, 2005", by a vote of 397-12. See, Roll Call No. 465.

9/22. The Senate Commerce Committee approved the nominations of Deborah Majoras and Jonathan Liebowitz to be Commissioners of the Federal Trade Commission (FTC). Liebowitz was approved by unanimous voice vote. Majoras was approved on a voice vote. Sen. Ron Wyden (D-OR) cast the one vote against her.

The House and Senate will hold a joint meeting at 10:00 AM to receive Ayad Allawi, the Interim Prime Minister of Iraq. See, Republican Whip Notice.

9:00 AM - 5:00 PM. Day one of a two day conference hosted by the Federal Trade Commission (FTC) titled "90th Anniversary Symposium". See, agenda. Location: FTC, 601 New Jersey Ave., NW.

CANCELLED. 9:00 AM. The Senate Judiciary Committee will hold an executive business meeting. Sen. Orrin Hatch (R-UT) will preside. See, notice. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

9:00 AM - 4:00 PM. The Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Committee on Technology's Interagency Working Group on Information Technology Research & Development (ITR&D) will hold a meeting that is closed to the public. For more information, contact Virginia Moore at moore@itrd.gov or 703 292-4873. Location: National Science Foundation (NSF), 4201 Wilson Blvd.

10:00 AM - 1:00 PM. The Federal Communications Commission's (FCC) Network Reliability and Interoperability Council (NRIC) will hold a meeting. The agenda includes E911 issues. FCC Chairman Michael Powell is scheduled to participate. See, notice and agenda [PDF] and notice in the Federal Register, September 1, 2004, Vol. 69, No. 169, at Page 53446. Location: FCC, Commission Meeting Room (TW-C305), 445 12th Street, SW.

10:00 AM. The House Education and Workforce Committee's Subcommittee on 21st Century Competitiveness will hold a hearing titled "Are Current Safeguards Protecting Taxpayers Against Diploma Mills". The hearing will be webcast by the Committee. Location: Room 2175, Rayburn Building.

11:15 AM. Sen. Conrad Burns (R-MT), Rep. Zoe Lofgren (D-CA), and Rep. Earl Pomeroy (D-ND), and representatives of VeriSign and i-SAFE America will hold a press conference to promote i-STIK, a digital credential program intended to reduce the vulnerability of children using the internet by assigning each a unique digital identity. For more information, contact Heather Wong (Lofgren) at 202 225-3072. Location: Room 189, Russell Building.

TIME? The Trade Policy Staff Committee (TPSC) and the Office of the U.S. Trade Representative (USTR) will hold a public hearing to assist the USTR in preparing its annual report to the Congress on China's compliance with the commitments that it made in connection with its accession to the World Trade Organization (WTO). Persons wishing to testify orally at the hearing must provide written notification and a copy of their written testimony by 12:00 NOON on September 10, 2004. Written comments are due by 12:00 NOON on September 15, 2004. See, notice in the Federal Register, July 29, 2004, Vol. 69, No. 145, at Pages 45369 - 45370. Location: ?

12:30 PM. The Federal Communications Bar Association (FCBA) will host a luncheon. The speaker will be Michael Gallagher, Director of the National Telecommunications and Information Administration (NTIA). Prices to attend vary. See, registration form [PDF]. Registrations and cancellations are due by 5:00 PM on September 20. Location: J.W. Marriot Hotel, 1331 Pennsylvania Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its further notice of proposed rulemaking (FNPRM) to determine whether mobile satellite service (MSS) operators using different technologies could share additional spectrum in the 1610-1626.5 MHz band (L-band). This FNPRM is FCC 04-134 in IB Docket No. 02-364 and ET Docket No. 00-258. See, notice in the Federal Register, August 9, 2004, Vol. 69, No. 152, at Pages 48192 - 48194.

The House will meet at 9:00 AM. See, Republican Whip Notice.

10:00 AM -12:00 PM. The Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) will host a tutorial titled "Optical Network Interoperability". Location: FCC, Commission Meeting Room (TWC-305), 445 12th Street, SW.

Yom Kippur.

The Supreme Court will hold the opening conference of the October 2004 Term. This is not open to the public.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in EMR Network v. FCC, No. 03-1336. This is a petition for review of a final order of the Federal Communications Commission (FCC) promulgating regulations designed to protect individuals from exposure to potentially harmful levels of radiofrequency (RF) radiation. See, FCC brief [PDF]. Judges Edwards, Garland and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

RESCHEDULED FOR NOVEMBER 10. 10:00 AM - 12:00 NOON. The Federal Communications Commission's (FCC) Advisory Committee for the 2007 World Radiocommunication Conference (WRC-07 Advisory Committee) will meet. See, notice in the Federal Register, July 6, 2004, Vol. 69, No. 128, at Pages 40637 - 40638. Location: FCC, 445 12th Street, SW., Room TW-C305. See, FCC notice of rescheduling.

6:00 - 9:15 PM. The DC Bar Association's Intellectual Property Law Section and Litigation Section will host a continuing legal education (CLE) program titled "Patent Damages: Discovery, Pre-trial and Litigation Strategies". The speakers will be David Sellinger (Venable), Clifton McCann (Venable), and Charles Fish (AOL Time Warner). See, notice. Prices vary. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H Street, NW.

Deadline to submit reply comments to the Federal Communications Commission FCC) in response to its notice of proposed rulemaking (NPRM) [11 pages in PDF] that proposes to require that television and radio broadcasters retain program recordings for a period of time for purposes of enforcing the statutory prohibition, codified at 18 U.S.C. § 1464, against obscene, indecent, or profane programming. This NPRM is FCC 04-145 MM Docket No. 04-232. See, story titled "FCC Proposes That Broadcasters Retain Recordings To Facilitate Enforcement of Smut Ban" in TLJ Daily E-Mail Alert No. 933, July 8, 2004. See, notice in the Federal Register, July 30, 2004, Vol. 69, No. 146, at Pages 45665 - 45668.

8:30 AM - 5:00 PM. Day one of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, September 22, 2004, Vol. 69, No. 183, at Pages 56746 - 56747. Location: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

8:30 AM. The Department of Defense's (DOD) Advisory Group on Electron Devices (AGED) will hold a meeting that is closed to the public. The agenda includes discussion of microwave technology, microelectronics, electro-optics, and electronics materials. The AGED provides advice to the Under Secretary of Defense for Acquisition, Technology and Logistics, the Director of Defense Research and Engineering, and the Director of the Defense Advanced Research Projects Agency (DARPA). See, notice in the Federal Register, September 7, 2004, Vol. 69, No. 172, at Pages 54137 - 54138. Location: Palisades Institute for Research Services, 241 18th Street, Crystal Square 4, Suite 500, Arlington, VA.

9:30 AM. The Senate Commerce Committee will hold a hearing on media ownership issues. Location: Room 253, Russell Building.

2:00 PM. The House Commerce Committee's Subcommittee on Commerce, Trade and Consumer Protection will hold a hearing titled "Protecting the Privacy of Consumers' Social Security Numbers". Rep. Cliff Stearns (R-FL) will preside. Press contact: Samantha Jordan (Barton) at 202 225-5735 or Paul Flusche (Stearns) at 202 225-5744. Location: Room 2123, Rayburn Building.

2:30 PM. The Senate Commerce Committee's Subcommittee on Science, Technology and Space will hold a hearing on the effectiveness of media ratings systems. Location: Room 253, Russell Building.

8:30 AM - 5:00 PM. Day two of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, September 22, 2004, Vol. 69, No. 183, at Pages 56746 - 56747. Location: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

12:00 NOON - 1:30 PM. The Federal Communications Commission (FCC) will hold a meeting on common carriers issues and proceedings. Jeffrey Carlisle (acting Bureau Chief of the FCC's Wireline Communications Bureau), Carol Mattey (Deputy Bureau Chief of the FCC's WCB), and Jane Jackson (Deputy Bureau Chief of the FCC's WCB) will preside. The agenda is "Common carrier ``hot topics´´ and upcoming FCC proceedings". RSVP to Monica Desai at monica.desai@fcc.gov or 202 418-7419 by Monday, September 27. The Federal Communications Bar Association (FCBA) states in its web site that this is a brown bag lunch hosted by its Common Carrier Practice Committee. Location: FCC, 8th floor, Conference Room No. 5.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice [PDF] requesting interested parties to provide comments on the Multi-band OFDM Alliance Special Interest Group's (MBOASIG) request for a waiver of Part 15 of the FCC's rules regarding ultra-wideband (UWB) systems that employ multi-band orthogonal frequency division multiplexed (MBOFDM) modulation techniques.

8:30 AM - 12:00 NOON. Day one of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, September 22, 2004, Vol. 69, No. 183, at Pages 56746 - 56747. Location: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

2:30 PM. The Senate Commerce Committee's Subcommittee on Communications will hold a hearing on the the security of the internet root servers and domain name system. Location: Room 253, Russell Building.

4:00 PM. Rebecca Tushnet will present a paper titled "The First Amendment as Battery Acid: Free Speech versus False Advertising" at an event hosted by the Dean Dinwoodey Center for Intellectual Property Studies at the George Washington University Law School (GWULS). For more information, contact Robert Brauneis at 202 994-6138 or rbraun@law.gwu.edu. The event is free and open to the public. See, notice. Location: GWULS, Faculty Conference Center, Burns Building, 5th Floor, 716 20th Street, NW.

Deadline to submit comments to the Internal Revenue Service (IRS) regarding its "advanced notice of rulemaking proceeding" regarding expanding the current three percent excise tax on telephone service to new "communications services" to "reflect changes in technology". See, notice in the Federal Register, July 2, 2004, Vol. 69, No. 127, at Page 40345, and story titled "IRS Publishes Advance NPRM Regarding Expanding the Excise Tax on Telephones to Include New Technologies" in TLJ Daily E-Mail Alert No. 931, July 6, 2004.

Deadline to submit comments National Institute of Standards and Technology (NIST) regarding Draft NIST Special Publication 800-70 [PDF] titled "Security Configuration Checklists Program for IT Products". Send comments to checklists@nist.gov.

Deadline to submit written comments, or requests to participate, to the Federal Trade Commission (FTC) for the FTC's and the National Institute of Standards and Technology's (NIST) event titled "Email Authentication Summit", to be held on November 9-10, 2004. The FTC's interest in this issue is dealing with spam and fraudulent e-mail. The Simple Mail Transfer Protocol (SMTP) for the email system allows information to travel freely with relative anonymity and ease, thereby enabling cheap bulk unsolicited distribution, and fraud. The purpose of this summit is to encourage the development, testing, evaluation and implementation of domain level authentication systems. See, notice in the Federal Register, September 15, 2004, Vol. 69, No. 178, at Pages 55632 - 55636.

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