| House Judiciary Committee to Mark Up Bill to 
Make Permanent the Sunsetted Provisions of the PATRIOT Act | 
               
              
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 7/11. Rep. James Sensenbrenner 
(R-WI), the Chairman of the House 
Judiciary Committee (HJC), introduced 
HR 3199 [9 pages in PDF], the "USA PATRIOT and Intelligence Reform 
Reauthorization Act of 2005". 
This bill would make permanent all of the sixteen sections of the PATRIOT Act that are 
scheduled to sunset at the end of this year. It also makes permanent two 
provisions of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA). 
Both the HJC and the House Intelligence 
Committee will 
meet on Wednesday at 10:00 AM to mark up the bill. HJC Democrats are prepared to 
offer and debate numerous amendments. The HJC will likely continue its mark up 
on Wednesday (and on Thursday and Friday, if necessary) until completed. A HJC 
aide stated on July 11 that "we will stay here until we finish it", and that the 
bill will likely be considered by the full House next week. 
The bill would permanently extend all of the sunsetted provisions of the 
PATRIOT Act, most of which are in Title II of the PATRIOT Act. Many pertain to law 
enforcement access to communications and data, 
especially those involving new information technologies. The bill would also 
make several limited 
changes to current law. 
Some members of the HJC plan to offer amendments. Some support the 
continuance of a sunset provision, mainly to give the
Department of Justice (DOJ) incentive to 
cooperate with the Congress in its exercise of oversight authority. Some support 
more checks and balances to surveillance powers, mainly to minimize the 
likelihood that governmental powers will be abused. Proposals also include 
increased reporting requirements, judicial oversight or heightened standards for 
judicial oversight, and application of the rule regarding suppression of 
evidence. 
The HJC, and its Crime Subcommittee, have conducted a thorough series of 
twelve hearings on the expiring provisions. These hearings have been conducted 
in a bipartisan manner. Other Congressional committees have held one or several 
hearings. 
The HJC considered and marked up the original PATRIOT Act in 2001 in 
bipartisan fashion. However, the bipartisan approach to reviewing the expiring 
provisions was tested last month when some Democrats injected partisan theatrics 
into the process. 
On June 10, the HJC held a hearing titled "Reauthorization of the USA PATRIOT 
Act". Some Democrats sought to convert this hearing into an open ended 
examination of the Bush administration's policies related to the war on terrorism, 
regardless of whether the issues relate to any the sunsetted provisions of the PATRIOT Act, 
or even to any provision of the PATRIOT Act, or matters within the jurisdiction 
of the HJC. 
Following the hearing some Democrats, including House Minority Leader, 
Rep. Nancy Pelosi (D-CA), 
leveled personal attacks on Rep. Sensenbrenner, and Republicans generally. She 
made partisan and defamatory statements about Rep. Sensenbrenner, and the 
conduct of Committee's hearings. See, story titled "Commentary: Partisan 
Theatrics Threaten Efforts to Place Limits in Title II of PATRIOT Act" in TLJ 
Daily E-Mail Alert No. 1,152, June 13, 2005. 
Rep. Sensenbrenner's strategy may now be to draft and enact a bill that has the minimum 
concessions necessary to ensure a majority on the HJC, and perhaps the 
full House, and to defeat amendments, based upon Republican solidarity. The mark 
up scheduled to begin on July 13, unlike the HJC's mark up of the original 
PATRIOT Act back in 2001, may be rancorous and partisan. 
There is a similarity between the House enactment of the original PATRIOT Act 
in 2001, and the current consideration of HR 3199. The PATRIOT Act was rushed 
through the Congress immediately after the terrorist attacks of September 11, 
2001, while terrorist atrocities were fresh in the voters' memories. HR 3199 has 
been rushed to markup immediately after the terrorists attacks of July 7, 2005 
in London, while terrorists atrocities are fresh in the voters' memories. 
Nevertheless, the mark up of this bill may be long, and hard fought. One likely 
category of amendments is proposals to maintain a sunsetting clause, to give 
the HJC sufficient leverage to engage in effective oversight in the future. 
TLJ spoke with Rep. Jerrold Nadler 
(D-NY) late on July 11. He suggested that an amendment would be offered that would provide 
"a four year sunset", for the same set of provisions that are currently sunsetted, 
or a similar set of provisions. 
Rep. Nadler also suggested that amendments would address § 505(a) of the 
PATRIOT Act and national security letters to obtain. He said that the Sensenbrenner bill 
"does not solve our problems with Section 505". He said that the government can 
still aim a national security letter at an internet service provider or library, with minimal 
safeguards. 
Rep. Nadler also said that while the bill's language regarding Section 215 is 
an improvement, he is still "not satisfied with the 215 amendments" in the 
Sensenbrenner bill. 
Rep. Nadler also stated that Democrats are concerned regarding the process 
being followed. He said that "Democrats 
were not consulted on this bill whatsoever". 
President Bush gave a
speech 
about the war on terrorism at the Federal Bureau of 
Investigation (FBI) Academy at Quantico, Virginia, on July 11. He stated that 
"one of the important tools federal agents 
have used to protect America is the Patriot Act. I call on Congress to 
reauthorize the 16 critical provisions of this act that are scheduled to expire 
at the end of this year. The terrorist threats against us will not expire at the 
end of this year, and neither should the protections of the Patriot Act." 
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                | Summary of HR 3199 IH | 
               
              
                | 
 7/11. Rep. James Sensenbrenner 
(R-WI), the Chairman of the House 
Judiciary Committee (HJC), introduced 
HR 3199 
[9 pages in PDF], the "USA PATRIOT and Intelligence Reform Reauthorization Act 
of 2005", on July 11, 2005. 
Section 3 of HR 3199 is the key section of the bill. It provides that 
"Section 224 of the USA PATRIOT ACT is repealed." § 224 is the section of 
the PATRIOT Act that provides that 16 enumerated sections  of the Act expire at the 
end of 2005. Thus, this language makes these 16 sections permanent. 
Moreover, most of these sections are made permanent without any modification. 
Sections 6, 7, and 8 of the bill make limited changes to three sections of the 
PATRIOT Act -- § 203(b), regarding the sharing of information, § 207, regarding 
the duration of Foreign Intelligence Surveillance Act (FISA) surveillance of non 
U.S. persons, and § 215, regarding access to business records, including library 
records, under Section 501 of the FISA. 
Section 4 of HR 3199 repeals the sunset clause in § 6001 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (IRTPA), the lone wolf amendment to 
the FISA. The IRTPA was
S 2845 in the 108th Congress. It is now Public Law 108-458. § 6001 provides 
as follows: 
SEC. 6001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS. 
  (a) IN GENERAL- Section 101(b)(1) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by adding at the end 
the following new subparagraph: 
    `(C) engages in international terrorism or activities in 
preparation therefore; or'. 
  (b) SUNSET- The amendment made by subsection (a) shall be subject to the 
sunset provision in section 224 of Public Law 107-56 (115 Stat. 295), including 
the exception provided in subsection (b) of such section 224. 
That is, § 6001 expanded the definition of "agent of a foreign power" for the 
purposes of the FISA to include lone wolf terrorists. § 6001(b) added that the 
PATRIOT Act sunsetting clause also applies to this new definition. HR 3199 
removes the sunset. It maintains the lone wolf definition. 
Section 5 of HR 3199 repeals the sunset clause of § 6603, the "material 
support" provision of the IRPTA. The HJC issued a statement that makes the 
following argument. "The problem with this sunset is that" it "would allow a 
criminal offense, and not a law enforcement tool, to expire. Furthermore, this 
sunset effectively makes the underlying provision unconstitutional. Section 6603 
of the IRPTA addressed the prohibition against providing material support to 
terrorists and amended the law to address court concerns on the 
constitutionality of the material support provision." 
Section 6 of HR 3199 pertains to information sharing between law enforcement 
and intelligence agencies under § 203(b) of the PATRIOT Act. Representatives and 
Senators refer to this section when these speak of "information sharing" and 
"tearing down the wall". 
Section 6 provides, in full, that "Section 2517(6) of title 18, 
United States Code, is amended by adding at the 
end the following: ``Within a reasonable time after a disclosure of the contents 
of a communication under this subsection, an attorney for the Government shall 
file, under seal, a notice with a judge whose order authorized or approved the 
interception of that communication, stating the fact that such contents were 
disclosed and the departments, agencies, or entities to which the disclosure was 
made.´´" 
This requires the government to make disclosure to the Court. There is no 
requirement that government agencies report to the Congress. 
Section 7 of HR 3199 pertains to § 207 of the PATRIOT Act and the duration of 
FISA surveillance of non U.S. persons. It provides among other things, that a 
FISA pen register and trap and trace device order for non U.S. persons may be 
for up to one year. 
Section 8 of HR 3199 pertains to § 215 of the PATRIOT Act, which has received 
more public attention that any of the other of the sunsetted provisions of the 
PATRIOT Act. 
This section would raise the standard for the issuance of a § 215 order. The 
information sought must either not concern a U.S. person, or be "relevant to an 
ongoing investigation to protect against international terrorism or clandestine 
intelligence activities". This is still a very low standard. 
This section also provides that a recipient of a § 215 order may consult with 
an attorney, and challenge the order. This section also identifies a judicial 
review process. 
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                | PR China Agrees to Increased Prosecution of 
IPR Violations, and Other IPR Terms | 
               
              
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 7/11. The U.S.-China Joint Commission on Commerce and Trade (JCCT), a 
government to government consultative mechanism, met in Beijing, People's 
Republic of China, on July 11, 2005. The U.S. delegation stated that China 
agreed to increase its criminal prosecution of intellectual property rights 
violations, and to delay issuing its draft regulations on government software 
procurement. 
The Office of the U.S. Trade Representative (USTR) issued a
release that describes the outcome of the JCCT 
meeting. See also, substantially identical 
Department of Commerce (DOC)
release. 
 USTR Robert Portman 
(at right) stated in another
release that "Today we have made some progress in areas of key concern to 
U.S. businesses, particularly with regard to IPR enforcement, including cracking 
down on fake goods in China; preventing restrictions on what the Chinese 
government buys from American companies; and, ensuring U.S. products can be 
freely distributed in China ... But our work is far from finished. We remain 
concerned about many areas and we will redouble our efforts to address these 
issues with the Chinese Government." 
The USTR release states that "China has agreed to increase the number of 
criminal prosecutions for IPR violations relative to the total number of IPR 
administrative cases.  The Supreme People’s Court, Supreme People’s 
Procuratorate, and Ministry of Public Security have issued draft guidelines for 
public comment to ensure the timely referral of IPR violations from 
administrative bodies to criminal prosecution." 
The USTR also states that "By the end of 2005, the Chinese government will 
complete its legalization program to ensure that all central, provincial and 
local government offices are using only licensed software, and will extend the 
program to enterprises (including state-owned enterprises) in 2006." 
(Parentheses in original.) 
The USTR also states that "By June 30, 2006, the State Council intends to 
submit to the National People’s Congress the legislative package needed for 
China to accede to the WIPO Internet Treaties.  China will also begin 
immediately a nationwide crack-down on Internet piracy, including through 
enforcement at Internet cafes." 
With respect to government software procurement, the USTR states that "China 
will delay issuing draft regulations on software procurement, as it further 
considers public comments and makes revisions in light of WTO rules. The draft 
software regulations threatened to close off a market with a potential value of 
over $8 billion to U.S. firms.  China announced that it will accelerate its 
efforts to join the WTO Government Procurement Agreement (GPA) and towards this 
end will initiate technical consultations with other WTO Members." 
The USTR also states that "China agreed to a new dialogue under the JCCT 
Information Technology Working Group to discuss capitalization requirements, 
resale services, and other issues agreed to by the two sides" pertaining to 
telecommunications market access. 
Carlos Gutierrez, 
the U.S. Secretary of Commerce, and a member of the U.S. delegation, stated in a
release that "The real outcome of this meeting will be known when we see the 
results in the months ahead. We will monitor all commitments closely ... This 
year’s JCCT is a step forward in strengthening market access for U.S. goods in 
China -- particularly in the area of computer software -- as well as improving the 
enforcement of intellectual property rights. However, we still have much more 
work to do before we are satisfied with progress in these and other areas". 
Robert Holleyman, P/CEO of the 
Business Software Alliance (BSA), stated in a 
release that "We are 
encouraged by the commitments made at the JCCT meeting and look forward to 
working with Chinese authorities to help implement effective anti-piracy 
measures. Deterring piracy requires adequate resources and enforcement actions 
and we are encouraged by the commitments made by the Chinese government to take 
these important steps." 
Holleyman added that "We were also heartened to hear that China 
will not issue software procurement regulations pending further work with 
industry and governments. BSA members were also encouraged by China’s commitment 
to hasten its efforts to join the WTO Government Procurement Agreement (GPA). 
BSA believes this is a very important step to ensure open and fair access to 
government markets for all software makers, and we look forward to working with 
Chinese authorities as this process moves forward". 
Myron Brilliant, U.S. Chamber of Commerce's 
VP for Asia, stated in a release that "The results of the meeting demonstrate 
that the JCCT process continues to be a constructive one that delivers tangible 
results for U.S. exporters, and investors ... But even as we recognize China's 
renewed commitment to enforce intellectual property rights and address other 
U.S. commercial concerns, we underscore that words are not a substitute for 
action." 
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                | FCC Approves Alltel Acquisition of Western 
Wireless | 
               
              
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 7/11. The Federal Communications Commission 
(FCC) adopted, but did not release, a Memorandum, 
Opinion and Order (MOO) in its antitrust merger review (nominally, a license 
transfer proceeding) regarding Alltel Corporation's acquisition of Western 
Wireless Corporation. 
The FCC issued a short
release [3 pages in PDF], and each of the four Commissioners wrote a short 
statement. The release states that the FCC approved the merger, subject to 
certain conditions. 
The Department of Justice (DOJ) 
approved the merger, and filed a complaint 
and consent decree with the U.S. District Court (DC). The consent decree 
requires Alltel to divest in 16 markets. See, story titled "DOJ Approves 
Alltel's Acquisition of Western Wireless, With Divestitures" in TLJ Daily E-Mail 
Alert No. 1,170, July 8, 2005. 
The FCC release states that "the FCC concluded the 
acquisition generally is not likely to cause competitive harm in most mobile 
telephony markets. In reaching these conclusions the Commission analyzed many 
factors regarding the likely horizontal effects of the merger, including 
substitutability of products and services, possible competitive responses by 
rival carriers, spectrum aggregation, deployment of advanced wireless services, 
network effects on the merged company, and penetration rates in local markets. 
The Commission concluded that anti-competitive effects are unlikely in all but 
16 of the FCC’s 734 Cellular Market Areas (CMAs), where the merger would cause 
significant competitive harm that exceeds the likely public interest benefits of 
the merger in those areas." 
The release then states that the FCC "conditioned 
its consent on the companies divesting WWC business units -- customers, 
infrastructure, and cellular spectrum -- in 16 CMAs." 
The FCC also imposed a condition regarding roaming. In addition, the FCC 
announced that "In the near future, the Commission plans to initiate a new 
proceeding to examine whether our rules regarding the roaming requirements applicable 
to CMRS providers should be modified to take into account current market conditions and 
developments in technology. This proceeding will afford interested parties an opportunity 
to comment on a variety of roaming issues, including manual and automatic roaming, technical 
considerations, and small and rural carrier roaming concerns." 
See also,
statement [PDF] by Chairman Kevin Martin, separate
statement [PDF] by Commissioner Kathleen Abernathy, separate
statement [PDF] by Commissioner Michael Copps, and separate
statement [PDF] by Commissioner Jonathan Adelstein. 
This MOO is FCC 05-138 in WT Docket No. 05-50. 
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                Washington Tech Calendar 
                New items are highlighted in red. | 
               
             
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                | Tuesday, July 12 | 
               
              
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                 The House will meet at 9:00 AM for morning hour, and 
  at 10:00 AM for legislative business. It will consider several non-technology 
  related resolutions under suspension of the rules. See,
  Republican Whip 
  Notice. 
                The Senate will meet at 9:45 AM. It will resume consideration 
  of HR 2360, 
  the Homeland Security Appropriations bill. 
                8:15 - 9:15 AM. Ben Bernanke, Chairman of the President's 
  Council of Economic Advisors, will give a speech titled "Skills, Ownership, and 
  Economic Security". See,
  
  notice. Location: American Enterprise 
  Institute, Twelfth floor, 1150 17th St., NW. 
                TIME CHANGE. 9:30 AM - 12:30 PM. The 
  Department of Homeland Security's (DHS) National Infrastructure Advisory Council 
  (NIAC) will meet. See,
  
  notice in the Federal Register, July 5, 2005, Vol. 70, No. 127, at Page 
  38699. Location:
  National Press Club, 529 14th St. NW, 13th Floor. 
                9:45 - 11:30 AM. The DC Bar Association will 
  host a visit to and tour of the Copyright Office. 
  The price to attend ranges from $15-$25. For more information, contact 202-626-3463. See, 
  
  notice. Location: Copyright Office, Room 401, James Madison Memorial 
  Building, First Street & Independence Ave., SE. 
                10:00 AM. The Senate Commerce 
  Committee will hold a hearing titled "Digital Television Transition -- 
  Hearing I". The witnesses will be Edward Fritts (P/CEO of the National 
  Association of Broadcasters), Manuel Abud (VP/GM of KVEA-TV in Los Angeles, Telemundo), 
  Kyle McSlarrow (P/CEO of the National Cable & Telecommunications Association), 
  Patrick Knorr (VCh of the American Cable Association), Richard Slenker (EVP of DirecTV), 
  and John Lawson (P/CEO of the Association of Public Television Stations). Press contact: 
  Melanie Alvord (Stevens) (202) 224-8456 or Melanie_Alvord at commerce dot senate dot gov, 
  or Andy Davis (Inouye) at 202 224-4546 or Andy_Davis at commerce dot senate dot gov. See,
  notice. 
  Location: Room 253, Russell Building. 
                2:30 PM. The 
  Senate Judiciary Committee's (SJC) Subcommittee on Intellectual Property 
  has scheduled a hearing titled "Music Licensing Reform". 
  The scheduled witnesses are Marybeth Peters (Register of 
  Copyrights), Rob Glaser (Ch/CEO of RealNetworks), Rick Carnes (Songwriters Guild of 
  America), Glen Barros (Comcord Records), Marilyn Bergman (American Society of 
  Composers, Authors and Publishers), and Ish Cuebas (Trans World Entertainment). 
  See, notice. The SJC 
  frequently cancels hearings without notice. Location: Room 226, Dirksen Building. 
                2:30 PM. The Senate Commerce 
  Committee will hold a hearing titled "Digital Television Transition -- 
  Hearing II". The witnesses will be Harlin McEwen (International 
  Association of Chiefs of Police), Charles Townsend (Aloha Partners), Mike Kennedy 
  (Motorola), Gary Shapiro 
  (Consumer Electronics Association), Gene Kimmelman 
  (Consumers Union), and Michael Calabrese (New American Foundation). Press contact: Melanie 
  Alvord (Stevens) (202) 224-8456 or Melanie_Alvord at commerce dot senate dot gov, 
  or Andy Davis (Inouye) at 202 224-4546 or Andy_Davis at commerce dot senate dot gov. See,
  notice. 
  Location: Room 253, Russell Building. 
                TIME? The State Department's International Telecommunication 
  Advisory Committee's (ITAC) U.S. Study Group B will meet to prepare positions for the next 
  meeting of the ITU-T Study Group 16. See,
  
  notice in the Federal Register, June 13, 2005, Vol. 70, No. 112, at Pages 
  34175 - 34176. Location: Communication Technologies, Inc., 14151 Newbrook 
  Drive, Suite 400, Chantilly, VA. 
                Day one of a two day conference hosted by the
  National Institute of Standards and Technology's 
  (NIST), Computer Security Division titled "Federal Computer Security 
  Program Manager's Forum Annual Off-Site Meeting". See,
  notice. 
  Location: Bethesda North Marriott Hotel and Conference Center, 5701 Marinelli 
  Road, North Bethesda, MD. 
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                | Wednesday, July 13 | 
               
              
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                 The House will meet at 10:00 AM for legislative business. See,
  Republican Whip 
  Notice. 
                10:00 AM. The House Judiciary 
  Committee will meet to mark up several bills, including HR 3199, the 
  "USA PATRIOT and Intelligence Reform Reauthorization Act of 2005". 
  See, notice. Press contact: 
  Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building. 
                10:00 AM - 12:00 NOON. The
  House Intelligence Committee will 
  hold a closed meeting to mark up HR 3199, the "USA PATRIOT and 
  Intelligence Reform Reauthorization Act of 2005". Location: Room H405, 
  Capitol Building. 
                11:30 AM. Joshua Bolten, Director of the 
  Office of Management and Budget (OMB), 
  will hold a briefing titled "FY 2005 Mid-Session Review: Revised estimates of the 
  budget deficit, receipts, outlays, and budget authority for fiscal years 2005-2010". 
  See, media advisory 
  containing procedures for admittance. Location: Room 450, Eisenhower Executive Office 
  Building. 
                Day two of a two day conference hosted by the
  National Institute of Standards and Technology's 
  (NIST), Computer Security Division titled "Federal Computer Security 
  Program Manager's Forum Annual Off-Site Meeting". See,
  notice. 
  Location: Bethesda North Marriott Hotel and Conference Center, 5701 Marinelli 
  Road, North Bethesda, MD. 
                6:00 - 8:30 PM. The Federal 
  Communications Bar Association's (FCBA) Young Lawyers Committee will host an event 
  titled "Happy Hour". For more information, contact Natalie Roisman at natalie 
  dot roisman at fcc dot gov or 202 418-1655, or Jason Friedrich at jason dot friedrich at 
  dbr dot com or 202-354-1340. Location: McCormick & Schmick's, 1652 K Street, NW. 
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                | Thursday, July 14 | 
               
              
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                 The House will meet at 10:00 AM for legislative business. See,
  Republican Whip Notice. 
                8:30 AM - 5:00 PM. The National Institute of 
  Standards and Technology's (NIST) 
  Visiting Committee on Advanced Technology 
  (VCAT) will hold a partially close meeting. The agenda includes presentations on science 
  and technology priorities of the administration and research and development spending 
  trends in the federal government. See,
  
  notice in the Federal Register, May 24, 2005, Vol. 70, No. 99, at Page 29721. Location: 
  Employees Lounge, Administration Building, NIST, Gaithersburg, MD. 
                9:30 AM. The 
  Senate Judiciary Committee (SJC) may hold an executive business meeting. 
  The SJC frequently cancels meetings without notice. See,
  notice. Press 
  contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 
  or Tracy Schmaler (Leahy) at 202 224-2154.Location: Room 226, 
  Dirksen Building. 
                9:30 AM. The Federal Communications 
  Commission (FCC) will hold a meeting. The event will be webcast by the 
  FCC. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room). 
                9:45 - 11:30 AM. The DC Bar Association 
  will host a visit to and tour of the Copyright Office. 
  The price to attend ranges from $15-$25. For more information, contact 202-626-3463. See,
  notice. 
  Location: Copyright Office, Room 401, James Madison Memorial Building, First Street & 
  Independence Avenue, SE. 
                10:00 AM - 4:15 PM. The 
  Consumer Electronics Association (CEA) will host an event titled "IPTV 
  Interface Discovery Group". See,
  
  notice. Location: Clarendon Ballroom, Arlington, VA. 
                10:00 AM - 12:00 NOON. The Department of State's 
  (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare 
  for the Americas Regional Preparatory Meeting for the World Telecommunication Development 
  Conference (WTDC-06) in Lima, Peru, from August 9-11, 2005. See,
  
  notice in the Federal Register, June 22, 2005, Vol. 70, No. 119, Page 
  36224. Location: DOS, Room 2533A. 
                12:30 PM. The Federal 
  Communications Bar Association's (FCBA) Mass Media Practice Committee will host a 
  brown bag lunch. The speaker will be Kris Monteith of the 
  Federal Communications Commission's (FCC) Enforcement 
  Bureau. For more information, Ann Bobeck at ABobeck at nab dot org. Location: 
  National Association of Broadcasters (NAB), 1771 N 
  Street, NW. 
                1:30 - 3:30 PM. The  Federal 
  Communications Commission's (FCC) WRC-07 Advisory Committee's Informal Working 
  Group 2 (Satellite Services and HAPS) will meet. See,
  notice [PDF]. 
  Location: Leventhal Senter & Lerman, 2000 K Street, NW, 7th Floor Conference Room. 
                TIME? The American Intellectual Property Law 
  Association's (AIPLA) Board or Directors will meet. Location: Arlington, VA. 
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                | Friday, July 15 | 
               
              
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                 The House may meet at 9:00 AM for legislative business. See,
  Republican Whip Notice. 
                12:00 NOON - 2:00 PM. The
  Progress and Freedom Foundation (PFF) will 
  host a panel discussion titled "Brand X v. FCC: What's Next?". 
  The speakers will include Randolph May (PFF), Dave Baker (EarthLink VP for Law 
  and Public Policy), and Kyle McSlarrow (P/CEO of the National Cable & 
  Telecommunications Association). See,
  notice and 
  registration page. 
  Lunch will be served. Location: Room 1537, Longworth Building, Capitol Hill. 
                Deadline to submit comments to the 
  Antitrust Modernization Commission (AMC) in response 
  to the AMC's request for public comments on numerous issues. First, the AMC seeks 
  comments on enforcement institutions, including dual federal merger enforcement, 
  differential merger enforcement standards, the role of states in enforcing federal 
  antitrust laws outside of the merger area, and the allocation of merger enforcement among 
  states, private plaintiffs. Second, the AMC seeks comments on exclusionary conduct. Third, 
  the AMC seeks comments on immunities, exemptions, and the state action doctrine. Fourth, 
  the AMC seeks comments on merger enforcement, including federal antitrust merger 
  enforcement policy generally, transparency in federal agency merger review, efficiencies 
  in merger analysis, the Hart-Scott-Rodino pre-merger review process. Fifth, the AMC 
  seeks comments on several new economy issues, including antitrust analysis of industries 
  in which innovation, intellectual property, and technological change are central 
  features, and on the reports on patent law by the National Academies and the 
  Federal Trade Commission. Finally, the AMC seeks comments on the role of 
  antitrust in regulated industries. See,
  
  notice in the Federal Register: May 19, 2005, Vol. 70, No. 96, at Pages 
  28902-28907. 
                Deadline to submit initial comments to the
  Federal Communications Commission (FCC) regarding a 
  petition for a declaratory ruling that certain provisions of the California Consumer Legal 
  Remedies Act (CLRA), as applied to interstate telephone calls, are not preempted by the 
  Telephone Consumer Protection Act (TCPA). See,
  
  notice in the Federal Register, June 15, 2005, Vol. 70, No. 114, at Pages 
  34725 - 34726. This proceeding is CG Docket No. 02-278. 
                Deadline to submit requests to the 
  Copyright Office to participate in its upcoming 
  roundtables on orphan works (on July 26-27 in Washington DC, and in Berkeley, 
  California on August 2). See, 
  notice in the Federal Register, July 7, 2005, Vol. 70, No. 129, at Pages 39341 - 
  39343. 
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                | Monday, July 18 | 
               
              
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                 2:00 - 5:15 PM. The DC Bar 
  Association will host a  continuing legal education (CLE) seminar titled "How 
  to Conduct Business in the Current Chinese Legal Environment: Myths and Facts". 
  The speakers will be Paul Manca (Hogan & Hartson) and others. The price to attend 
  ranges from $70-$125. For more information, call 202-626-3488. See,
  
  notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level. 
                Deadline to submit reply comments to the
  Federal Communications Commission (FCC) in response 
  to its public notice regarding refreshing the record on issues raised in the Further 
  Notice of Proposed Rulemaking (FNPRM) related to carrier identification code (CIC) 
  conservation and the definition of "entity" as found in section 1.3 of the CIC 
  Assignment Guidelines. This public notice is DA 05-1154 in CC Docket No. 92-237; it 
  was released on April 26, 2005. See,
  
  notice in the Federal Register, June 1, 2005, Vol. 70, No. 104, at Pages 
  31405 - 31406. 
                Deadline to submit initial comments to the
  Federal Communications Commission (FCC) in response to 
  its Further Notice of Proposed Rulemaking (FNPRM) regarding the exchange of customer 
  account information between local exchange carriers (LECs). This FNPRM is FCC 05-29 
  in CG Docket No. 02-386. See,
  
  notice in the Federal Register, June 1, 2005, Vol. 70, No. 104, at Pages 
  31406 - 31409. 
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                | Tuesday, July 19 | 
               
              
                | 
                 9:00 AM - 5:30 PM. The Federal Communications Commission's (FCC) 
  North American Numbering Council 
  (NANC) will meet. See, 
  notice 
  and agenda [2 pages in PDF]. Location: FCC, 445 12th Street, SW, Room TW-C305. 
                TIME? The Advisory Committee to the Congressional Internet Caucus will 
  host a panel discussion titled "Interpreting Grokster". Location:? 
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                | People and Appointments | 
               
              
                | 
 7/11. President Bush announced his intent to appoint the following 
individuals to be Members of the Advisory Committee for Trade Policy and 
Negotiations for terms of two years: 
Craig Barrett 
(Intel), Jose Behar (UMG),
Michael Campbell (Arch Chemicals), Stephanie Harkness (Pacific Plastics & 
Engineering), and Maria Guadalupe Taxman. See, White House
release. 
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                | More News | 
               
              
                | 
 7/11. The Progress & Freedom Foundation (PFF) 
relocated its offices to 1444 Eye Street NW, Suite 500. Phone numbers, the fax 
number, e-mail addresses and the web site remain the same. See, PFF
release. 
7/11. The Federal Communications Commission 
(FCC) published a
notice in the Federal Register that extends the comment period on reserve 
prices or minimum opening bids and other auction procedures for Auction No. 63. 
Comments are due by July 13, 2005. Reply comments are due by July 20, 2005. See, 
Federal Register, July 11, 2005, Vol. 70, No. 131, at Page 39775. 
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