2/15. The House Rules Committee adopted a rule for consideration of HR 310, the "Broadcast Decency Enforcement Act of 2005". It is a structured rule that makes in order only one amendment [PDF], offered by Rep. Fred Upton (R-MI) and Rep. Ed Markey (D-MA).

This is an amendment in the nature of a substitute offered by the sponsors of the bill. It makes several changes to the bill as approved by the House Commerce Committee on February 9, 2005. Several of these changes make it harder for the Federal Communications Commission (FCC) to find individuals, such as performers, liable for violations. For example, it would change the current standard for individuals from "willfully or intentionally made the utterance" to "willfully and intentionally made the utterance, knowing or having reason to know that the utterance would be broadcast".

The amendment in the nature of a substitute would also require the FCC, in proceedings against individuals, to take into consideration "the financial impact of a forfeiture penalty on that individual".

See also, story titled "House Commerce Committee Approves Bill to Increase Broadcast Indecency Fines" in TLJ Daily E-Mail Alert No. 1,074, Feb. 10, 2005.

2/15. The U.S. Court of Appeals (9thCir) issued it en banc opinion [32 pages in PDF] in Gator.com v. L.L.Bean, a case involving pop up ads on web sites, and trademarks. The majority held that since the parties just settled all issues in the case, except the dispute over whether the District Court has personal jurisdiction over L.L.Bean, the appeal is moot, and the case must be dismissed.

The parties have settled their dispute. Moreover, opinions regarding application of the Article III case or controversy requirement to appeals in settled declaratory judgment actions may not be important. Nevertheless, this en banc decision is significant to the extent that it leaves unresolved issues regarding when web based activity can serve as the basis for personal jurisdiction over an out of state company that engages in e-commerce.

There is considerable variation among different countries, different federal circuits, and within the 9th Circuit. The District Court and three judge panel reached opposite conclusions. The en banc panel's dissent noted that "We vacated the decision of the three-judge panel when we took the appeal en banc, but the panel decision is in the Federal Reporter for anyone to read."

The dissent added that "The disarray in our case law is patent. How else to explain such dramatically different holdings from our judges -- one judge dismissing for lack of jurisdiction and three judges holding that there is general jurisdiction? It is not only the litigants in this case that would benefit from an en banc opinion in this appeal. All potential litigants in this circuit would benefit."

The U.S. Supreme Court has yet to take a case that involves personal jurisdiction and web based activity. The present case is unlikely to serve as a vehicle for Supreme Court review.

L.L.Bean is a corporation based in the state of Maine that sells clothing and related items to consumers by direct mail and over the internet. Its offices, and manufacturing and distribution facilities, are located in Maine. It has some stores, but none in the state of California. While it sells to customers in California by mail and internet, and mails catalogues to persons in California, it has no presence there.

Gator.com, which is now Claria Corporation, is Delaware corporation with its principle place of business in California. It developed and distributed software for use by consumers that, among other things, caused pop up ads to appear over the e-commerce web sites visited by consumers using the software.

L.L.Bean wrote a letter to Gator.com, in California, demanding that it cease violating its trademark rights.

Gator filed a complaint in U.S. District Court (NDCal) against L.L.Bean seeking declaratory relief that its software does not violate L.L.Bean's state or federal trademark or other rights. L.L.Bean moved to dismiss the complaint for lack of personal jurisdiction over it. The District Court dismissed the complaint. Gator appealed.

A three judge panel of the Appeals Court reversed. On September 2, 2003, it issued its opinion [16 pages in PDF] holding that L.L. Bean has substantial or continuous and systematic contacts with California sufficient to support a finding of general jurisdiction. See, story titled "9th Circuit Rules on Personal Jurisdiction Over Internet Retailers" in TLJ Daily E-Mail Alert No. 731, September 3, 2003.

On April 29, 2004 the Court of Appeals ordered that the case be reheard en banc. After briefing and oral argument before the en banc panel, the parties reached a confidential settlement of the case.

The Court wrote that "Under the terms of the settlement, Gator agreed to place no more than twenty-five pop-up advertisements per month on the L. L. Bean website between August 21, 2004, and November 20, 2004. The agreement further provided that, after this three-month period had elapsed, Gator would permanently discontinue the use of all such advertisements on the L. L. Bean website. Gator also agreed to make a monetary payment to L. L. Bean. In exchange for these concessions, L. L. Bean renounced all claims arising from Gator's use of pop-up advertisements prior to -- or in accordance with -- the agreement."

However, both parties also wrote to the Court of Appeals that this settlement "does not provide for the dismissal of this appeal."

The majority of the en banc panel disagreed, and on its own motion dismissed the appeal for mootness, based upon the settlement. It wrote that Article III of the U.S. Constitution limits the federal courts' jurisdiction to "cases and controversies", and that "Because the parties’ settlement agreement has wholly eviscerated the dispute that prompted Gator to initiate this suit, Gator’s request for declaratory relief no longer gives rise to a live case or controversy."

However, Judge Fletcher wrote a dissent, in which Judges Graber and Paez joined. He wrote that "The parties continue to dispute whether a federal district court in California has personal jurisdiction over L.L. Bean. They have disputed this since the beginning of this litigation. Both parties had, and still have, an interest in our resolution of that dispute. Depending on how we resolve it, either Gator owes L.L. Bean $10,000 or it does not. Nothing more is required for our continuing jurisdiction."

This case is Gator.com Corp. v. L.L. Bean Inc., U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 02-15035, an appeal from the U.S. District Court for the Northern District of California, Magistrate Judge Maria-Elena James presiding, D.C. No. CV-01-01126-MEJ.

2/14. The U.S. Court of Appeals (10thCir) issued its opinion in Palladium Music v. Eatsleepmusic, a copyright case involving karaoke music tracks. The District Court, and Appeals Court, held that the karaoke producer, which did not obtain license from the owners of the underlying works, has no claim for copyright infringement against a third party that took its recordings and distributed them over the internet. The Court held that the karaoke producer's works are derivative works, and its copyrights in the sound recordings are invalid and unenforceable because it failed to obtain compulsory or consensual licenses from the copyright owners of the underlying musical compositions as required by 17 U.S.C. § 115.

Palladium Music, Inc. produced sound recordings of popular music hits that enable people to sing along with these popular hits. While Palladium produces a sound similar to that of the original artist, it does not incorporate any previously recorded sound components in its productions. Its products are original sound recording of previously copyrighted musical compositions. In the late 1990s Palladium produced and sold these sound recordings without licensing from the copyright owners the underlying musical works. Palladium registered copyrights with the U.S. Copyright Office.

Eatsleepmusic, Inc. (ESM) then delivered Palladium's sound recordings through ESM's online digital delivery services, without license from Palladium.

Palladium filed a complaint in U.S. District Court (WDOkla) against ESM and another entity alleging copyright infringement. The owners of the underlying musical works are not parties to this appeal.

The District Court held that Palladium does not own valid copyrights for its sound recordings, and thus cannot maintain an action for copyright infringement. Palladium appealed.

The Court of Appeals affirmed.

It began with the statement that "To establish copyright infringement, a plaintiff must prove (1) ownership of a valid copyright and (2) unauthorized copying of constituent elements of the work that are original." Moreover, "A plaintiff's presentation of a certificate of registration from the U.S. Copyright Office usually constitutes prima facie evidence of a valid copyright and of the facts stated in the certificate." However, a defendant may rebut this presumption.

The Court next reasoned that Palladium's recordings are derivative works within the meaning of 17 U.S.C. § 101.

This section provides, in part, that "A ``derivative work´´ is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a ``derivative work´´."

Then, 17 U.S.C. § 106, which identifies the exclusive rights of copyright, enumerates the right "to prepare derivative works based upon the copyrighted work".

The Court continued that the exclusive rights of copyright owners are limited by the compulsory licensing provisions of 17 U.S.C. § 115. But, Palladium did not fulfill the requirements of this section. The Court wrote that "the exclusive rights of copyright owners of previously published musical works are limited only in that they are required (hence the term "compulsory") to license the work to a party who has complied with Section 115. The concept is simple.  In order for a party in Palladium's position to lawfully use preexisting, copyrighted musical works to create and sell its sound recordings, it must first secure the appropriate licensing from the copyright owners of those musical works. ... By failing to comply with Section 115, Palladium has illegally used the preexisting material. See 17 U.S.C. § 103(a). As a result, Palladium's copyrights in the sound recordings at issue are invalid and unenforceable."

This case is Palladium Music, Inc. v. Eatsleepmusic Inc. and Tennessee Production Center, Inc., d/b/a Chartbuster Karaoke, U.S. Court of Appeals for the 10th Circuit, App. Ct. Nos. 04-6061 and 04-6097, appeals from the U.S. District Court for the Western District of Oklahoma, D.C. No. CIV-03-206-A.

2/15. The Cato Institute hosted a book forum. William Eggers discussed his book titled Government 2.0: Using Technology to Improve Education, Cut Red Tape, Reduce Gridlock, and Enhance Democracy [Amazon].

Eggers reviewed how information technologies are changing government, with emphasis on education and transportation. For example, he said the new technologies could lead to per mile pricing for road use, and thereby replace the gas tax. He suggested that road could become like utilities.

Robert Atkinson (PPI), Stephen Slivinski (Cato) commented on the book and the use of information technology in government. Jim Harper (Cato) moderated.

Robert Atkinson is VP of the Progressive Policy Institute (PPI), a Democratic think tank based in Washington DC. He is also the Director of its Technology and New Economy Project. He has also just authored a book titled The Past And Future Of America's Economy: Long Waves Of Innovation That Power Cycles Of Growth [Amazon].

Atkinson argues in his book that there have been periodic transformations of the economy that have resulted from new technologies. In the late 1800s electricity and cheap steel led to a factory based economy. In the mid 20th Century, automation, electronics and chemicals led to a mass production economy. And, since the 1990s there has been an information technology revolution. Atkinson argued at the book forum that transformations in the economy cause, on a time lagged basis, transformations in government. Thus, the factory based economy ultimately contributed to the progressive era changes in government. He said that the information technology revolution will, eventually, revolutionize government, and for the better.

Stephen Slivinski, a Cato libertarian, stated that he worries that adoption of information technologies by government may not result in a reduced scope of government. Rather, new technologies may create a "Leviathan with e-mail". See, Encyclopedia Britannica entry on Leviathan, Thomas Hobbes's 1651 book titled Leviathan [Amazon], and Robert Higgs' 1987 book titled Crisis and Leviathan [Amazon].

He also said that adoption of information technology by government agencies may result in cost savings, which in turn, could enable these agencies to expand their programs.

2/15. The Senate confirmed Michael Chertoff to Secretary of Homeland Security by a vote of 98-0. See, Roll Call No. 10. Harriet Miers promptly administered the oath of office. She is Counsel to the President. She replaced Alberto Gonzales, who is now Attorney General. See, White House release.

2/15. The House Rules Committee adopted a rule for consideration of S 5, the "Class Action Fairness Act of 2005". It is a structured rule that makes in order only one amendment [27 pages in PDF], offered by Rep. John Conyers (D-MI) and other Democrats. It is an amendment in the nature of a substitute. The Senate approved S 5 by a vote of 72-26 on February 10, 2005. See, Roll Call No. 9 and story titled "Senate Approves Class Action Reform Bill" in TLJ Daily E-Mail Alert No. 1,075, February 11, 2005.

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The House will meet at 10:00 AM for legislative business. It may take up HR 310, the "Broadcast Decency Enforcement Act of 2005", and/or S 5, the "Class Action Fairness Act of 2005". See, Republican Whip Notice.

The Senate will meet at 9:30 AM. It will consider S 384, the "Nazi War Crimes Working Group Extension Act".

The Supreme Court is in recess until February 22, 2005.

8:45 - 10:00 AM. The New America Foundation (NAF) will host a breakfast and panel discussion titled "Education Revolution: How Investing in E-Learning R&D Could Dramatically Improve Educational Productivity". The speakers will be Michael Calabrese (NAF), Newton Minow (Sidley Austin), Sen. Chris Dodd (D-CT), Thomas Stratmann (George Mason University), Eamon Kelly (Tulane University), and Larry Grossman. See, notice. RSVP to Naveen Lakshmipathy at 202-986-2700 or lakshmipathy@newamerica.net. Location: Room 628, Dirksen Building, Capitol Hill.

9:00 AM. The Campaign Legal Center (CLC) will host a news conference titled "Public Interest Public Airwaves". For more information, contact Stephanie Collier (CLC) at 202 736-2200. Location: Zenger Room, National Press Club, 529 14th St. NW, 13th Floor.

10:00 AM. The House Commerce Committee's Subcommittee on Trade, Commerce and Consumer Protection will meet to mark up HR 29, the "The Securely Protect Yourself Against Cyber Trespass Act" or Spy Act. The meeting will be webcast by the Committee. Press contact: Jon Tripp (Barton) at 202 225-5735 or Paul Flusche (Stearns) at 202 225-5744. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Banking Committee will hold a hearing titled "The Federal Reserve's First Monetary Policy Report to Congress for 2005". Federal Reserve Board Chairman Alan Greenspan will testify. See, notice. Location: Room 106, Dirksen Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing titled "Transforming Government for the 21st Century". See, notice. Location: Room 342, Dirksen Building.

11:00 AM - 1:00 PM. The House Science Committee will hold a hearing titled "An Overview of the Federal R&D Budget for Fiscal Year 2006". The scheduled witnesses are John Marburger (Director of the White House Office of Science and Technology Policy), Samuel Bodman (Secretary of Energy), Arden Bement (Director of the National Science Foundation), Charles McQueary (Undersecretary for Science and Technology at the Department of Homeland Security), and Theodore Kassinger (Deputy Secretary of Commerce). Press contact: Joe Pouliot at 202 225-0581. Location: Room 2318, Rayburn Building.

12:00 NOON. Intel will host a news conference titled "Benchmarks of Innovation". For more information, contact Jennifer Greeson at 202 320-8532. Location: Murrow Room, National Press Club, 529 14th St. NW, 13th Floor.

12:30 - 1:45 PM. The Federal Communications Bar Association (FCBA) will host a lunch. The speaker will be Mel Karmazin, CEO of Sirius Satellite Radio. Prices range from $35 to $65. The deadline to register is February 11. See, registration form [MS Word]. Location: Mayflower Hotel, East Room, 1127 Connecticut Ave., NW.

2:00 PM. The House Homeland Security Committee's Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment will hold a hearing titled "The Proposed Fiscal Year 2006 Budget: Building the Information Analysis Capability of DHS". The witnesses will include Patrick Hughes of the Department of Homeland Security (DHS). Location: Room 2261, Rayburn Building.

2:00 - 4:00 PM. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet by teleconference to prepare for the International Telecommunications Union's (ITU) Telecommunication Standardization Advisory Group (TSAG) meeting. See, the ITU's calendar of meetings. See, notice in the Federal Register, December 20, 2004, Vol. 69, No. 243, at Page 76027. For more information, including the call in information, contact Julian Minard at minardje@state.gov.

3:00 PM. The Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights, and Property Rights will hold a hearing titled "Obscenity Prosecution and the Constitution". The witnesses will be Robert Destro (Catholic University of America), William Wagner (Thomas M. Cooley Law School), and Frederick Schauer (John F. Kennedy School of Government). See, notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

Day four of a four day event hosted by the National Association of Regulatory Utility Commissioners (NARUC) titled "2005 Winter Committee Meetings". See, notice. Location: Hyatt Regency Washington.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding BellSouth's and Sprint's petition for reconsideration of the FCC's schools and libraries Fifth Report and Order. The FCC adopted this 5th R&O at its August 4, 2004 meeting, and released it on August 13, 2004. See, FCC Public Notice (DA 05-103). This 5th R&O is FCC 04-190 in CC Docket No. 02-6.

Deadline to submit comments to the Copyright Office in response to its notice in the Federal Register requesting comments regarding whether the 2005 cable statutory license rate adjustment proceeding should take place under the auspices of the Copyright Arbitration Royalty Panel (CARP) system or the new Copyright Royalty Judge (CRJ) system. See, Federal Register, January 26, 2005, Vol. 70, No. 16, at Pages 3738 - 3739.

The House will meet at 10:00 AM for legislative business. It may take up HR 310, the "Broadcast Decency Enforcement Act of 2005", and/or S 5, the "Class Action Fairness Act of 2005". See, Republican Whip Notice.

9:00 - 11:00 AM. The DC Bar Association will host a panel discussion titled "Broadband Over Power Lines: Does It Work, How Does It Work, and How Will It Be Regulated?" The scheduled speakers are Kathleen Abernathy (FCC Commissioner), Nora Brownell (Federal Energy Regulatory Commission), Laura Chappelle (Chairman of the Michigan Public Service Commission), James Bolin (Current Technologies), Jonathan Frankel (Wilmer Cutler Pickering Hale & Dorr), and David Konuch (Fleischman & Walsh). See, notice. Prices vary from $25 to $35. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

9:30 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled "The Role of Technology in Achieving a Hard Deadline for the DTV Transition". The hearing will be webcast by the Committee. Press contact: Jon Tripp (Barton) at 202 225-5735 or Sean Bonyun (Upton) at 202 225-3761. Location: Room 2123, Rayburn Building.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. It will consider S 256, the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005". See, notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in SBC Communications v. FCC, No. 03-1147, a petition for review of a Forfeiture Order in which the FCC held that SBC violated the provision of the FCC's order approving the merger of SBC and Ameritech which required SBC to offer access to the shared transport element of its telephone network to competitors in five midwestern states. See, FCC's brief [38 pages in PDF]. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in MGM v. Marybeth Peters, No. 04-5142, and Universal City Studios v. Marybeth Peters, No.04-5138.  Judges Edwards, Rogers and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 AM - 12:00 NOON. The Federal Communications Commission's (FCC) will host an event titled "Telecommunications Services Priority (TSP) Summit". See, notice and agenda [PDF]. Location: FCC, Commission Meeting Room (TW-C305), 445 12th St., SW.

10:00 AM. The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property will hold a hearing on HR 683, the "Trademark Dilution Revision Act of 2005". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM. The House Appropriations Committee's Subcommittee on Homeland Security will hold a hearing titled "Department of Homeland Security Management and Operations". Location: Room 2359, Rayburn Building.

10:00 AM. Alan Greenspan, Chairman of the Federal Reserve Board, will testify before the House Financial Services Committee on monetary policy and the state of the economy. Location: Room 2128, Rayburn Building.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Developments In U.S.-Russian Trade And Business Relations". The scheduled speakers are Andrey Dolgorukov (Trade Representative of the Russian Federation to the U.S.), Eugene Lawson (P/CEO of the U.S.-Russia Business Council), Richard Dean (Coudert Brothers), and Geoffrey Goodale (Gardner Carton & Douglas). See, notice. Prices vary from $25 to $35. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

1:30 PM. The House Ways and Means Committee's Subcommittee on Trade will hold an organizational meeting. Location: Room 1129, Longworth Building.

2:00 - 4:00 PM. The Federal Communications Commission's (FCC) WRC 07 Advisory Committee, Informal Working Group 3: IMT-2000 and 2.5 GHz Sharing Issues will meet. See, FCC notice [PDF]. Location: FCC, 445 12th Street, SW, South Conference Room (6th Floor, Room 6-B516).

4:00 PM. Glynn Lunney (Tulane University Law School) will present a draft paper titled "Patents and Growth: Empirical Evidence from the States". See, abstract of paper, and notice of event. This event is part of the Spring 2005 Intellectual Property Workshop Series sponsored 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 at law dot gwu dot edu. The event is free and open to the public. Location: GWULS, Faculty Conference Center, Burns Building, 5th Floor, 716 20th St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking (2FNPRM) regarding reducing barriers to secondary markets for spectrum rights. See, notice in the Federal Register, December 27, 2004, Vol. 69, No. 247, at Pages 77560 - 77568. This 2FNPRM is a part of a larger item that the FCC adopted on July 8, 2004, and released on September 2, 2004. See, story titled "FCC Adopts Second Secondary Markets Report and Order" in TLJ Daily E-Mail Alert No. 934, July 9, 2004; and story titled "FCC Releases Second Secondary Markets Report and Order" in TLJ Daily E-Mail Alert No. 969, September 3, 2004. See also, story titled "FCC Sets Comment Deadlines on 2FNPRM Regarding Secondary Markets for Spectrum" in TLJ Daily E-Mail Alert No. 1,045, December 28, 2004.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding Qualcomm's Petition for Declaratory Ruling seeking clarification of rules and the establishment of a streamlined review process to accelerate the deployment of new services in the 700 MHz band. See, FCC Public Notice (DA 05-87). This proceeding is WT Docket No. 05-7.

12:00 NOON. Glynn Lunney (Tulane University Law School) will give a lecture titled "Direct and Indirect Stock Price Reactions to Patent Decisions" as part of the Georgetown Law Colloquium on Intellectual Property & Technology Law. For more information, contact Julie Cohen at 202 662-9871 or jec at law dot georgetown dot edu, or Jay Thomas at 202 662-9925. Location: Faculty Lounge, Fifth Floor, Georgetown University Law Center, 600 New Jersey Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding reserve prices or minimum opening bids and other procedures for Auction 60, the auction of five licenses in the Lower 700 MHz band C block (710-716/740-746 MHz), which is scheduled to begin on July 20, 2005. See, FCC's Public Notice numbered DA 05-171.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding reserve prices or minimum opening bids and other procedures for Auction 61, the auction of of ten Automated Maritime Telecommunications System (AMTS) licenses scheduled to commence on August 3, 2005. See, notice in the Federal Register, February 11, 2005, Vol. 70, No. 28, at Pages 7270-7274.

The Senate will not meet on Monday, February 21 through Friday, February 25 for its Presidents Day recess. See, Senate calendar.

The Federal Communications Commission (FCC) and other federal offices will be closed in observance of George Washington's birthday. See, Office of Personnel Management's (OPM) list of federal holidays.

The Supreme Court return from a recess that began on January 24, 2005.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in American Library Association v. FCC, No. 04-1037. The is a petition for review of the Federal Communications Commission's (FCC) broadcast flag order. See, Report and Order Further Notice of Proposed Rulemaking [72 pages in PDF]. This item is FCC 03-273 in MB Docket 02-230. See also, story titled "FCC Releases Broadcast Flag Rule" in TLJ Daily E-Mail Alert No. 772, November 5, 2003. The petitioners are the American Library Association (ALA), Association of Research Libraries, American Association of Law Libraries, Medical Library Association, Special Libraries Association, Consumer Federation of America (CFA), Consumers Union, and Electronic Frontier Foundation (EFF). Public Knowledge and the law firm of Steptoe and Johnson represent petitioners. See, petitioners' brief [63 pages in PDF]. Judges Edwards, Sentelle and Rogers will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM - 12:00 NOON. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare for the Organization of American States' (OAS) Inter-American Telecommunication Commission's (CITEL) Permanent Consultative Committee II meeting in Guatemala to be held in April 2005. See, notice in the Federal Register, December 30, 2004, Vol. 69, No. 250, at Pages 78515-78516. For more information, including the location, contact Cecily Holiday at holidaycc@state.gov or Anne Jillson at jillsonad@state.gov. Location: undisclosed.

12:15 - 2:00 PM. The Federal Communications Bar Association's (FCBA) Online Communications Committee will host a brown bag lunch. Jeffrey Carlisle (Co-Director of the FCC's Internet Policy Working Group and Chief of the FCC's Wireline Competition Bureau) will give an address on voice over internet protocol issues titled "Fear and Loathing in The Voice Markets". RSVP to Wendy Parish wendy@fcba.org. Location: Davis Wright Tremaine, 1500 K Street, NW, Suite 450.

6:00 - 8:45 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Using Section 337 Proceedings for Effective Enforcement of Intellectual Property Rights at the Border". The speakers will be Wayne Herrington (International Trade Commission), Sturgis Sobin (Miller & Chevalier), Cindy Weber (Sughrue Mion), and Aoi Nawashiro (Browdy & Neimark). See, notice. Prices vary from $70 to $115. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

10:00 AM - 12:00 NOON. The Advisory Committee for the 2007 World Radiocommunication Conference will meet. See, FCC notice [PDF] and notice in the Federal Register, January 3, 2005, Vol. 70, No. 1, at Page 87. Location: Federal Communications Commission (FCC), Commission Meeting Room (TW-C305), 445 12th St., SW.

11:30 AM - 1:45 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Wireless Broadband Issues & Hot Topics". The speakers will include Lauren Van Wazer and John Branscome (Co-Chairs of the FCC's Broadband Wireless Access Task Force), Carolyn Brandon (VP Policy, CTIA), Andrew Krieg (President of Wireless Communications Association International), Rebecca Arbogast (Legg Mason), David Furth (Associate Chief of the FCC's Wireless Telecommunications Bureau), Paul Sinderbrand (Wilkinson Barker & Knauer), Donald Evans (Fletcher Heald & Hildreth), Todd Gray (Dow Lohnes & Albertson). Lunch will be served. For more information, contact Adam Krinksy at 202 383-3340. See, registration form [PDF]. Prices to attend range from $65 to $140. Location: Sidley Austin, 1501 K Street, NW, 6th Floor.

12:00 - 1:30 PM. The DC Bar Association will host an event titled "Protecting Consumers in the 21st Century: Law Enforcement at the Federal Trade Commission". The speaker will be Deborah Majoras, Chairman of the Federal Trade Commission (FTC). The price to attends ranges from $10 to $20. For more information, call 202 626-3463. See, notice. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

Day one of a two day meeting of the Homeland Security Science and Technology Advisory Committee (HSSTAC). This meeting is closed to the public. See, notice in the Federal Register, January 31, 2005, Vol. 70, No. 19, at Page 4881. Location: Booz Allen Hamilton, Virginia Square Plaza, 3811 Fairfax Drive, Arlington, VA.