9/9. The Securities and Exchange Commission (SEC) released a memorandum, dated August 31, 2005, and titled "Economic Evaluation of Alternative Market instrument designs: Toward a Market-Based Approach to Estimating the Fair Value of Employee Stock Options".

It was written by Chester Spatt, Cindy Alexander, M. Nimalendran, and George Oldfield of the SEC's Office of Economic Analysis (OEA). See also, statement by Donald Nicolaisen, the SEC's Chief Accountant, and statement by SEC Chairman Chris Cox.

This OEA memorandum reviews market based approaches to estimating the grant date fair value of employee stock options under the December 2004 FASB FAS 123R.

The memorandum reaches several conclusions. First, it finds that "Market exchanges between willing buyers and sellers of instruments that are designed to track the future flow of net obligations of the company or net receipts by employees under the grant can produce reasonable market-based estimates of fair value consistent with the measurement objective of Statement 123R."

Second, it finds that "Market exchanges of instruments that have been proposed to replicate the terms and conditions of employee options do not produce reasonable estimates of fair value."

Finally, it finds that "The tracking approach to the design of market instruments appears easier to implement than does the terms-and-conditions approach."

In addition, the Financial Accounting Standards Board (FASB), released a memorandum [6 pages in PDF], dated August 31, 2005, numbered FAS 123(R)-1, and titled "FASB Staff Position" and "Classification and Measurement of Freestanding Financial Instruments Originally Issued in Exchange for Employee Services under FASB Statement No. 123(R)".

Background. In October 1995 the FASB issued its Statement of Financial Accounting Standards No. 123 [134 pages in PDF] titled "Accounting for Stock-Based Compensation".

In March 2004, the FASB proposed to mandate the expensing of all employee stock options. See also, story titled "FASB Proposes Expensing of Stock Options" in TLJ Daily E-Mail Alert No. 867, April 1, 2004.

Members of Congress reacted by introducing HR 3574 (108th Congress) and S 1890 (108th), both titled the "Stock Option Accounting Reform Act". These bills, had they been enacted into law, would have required expensing of stock options for only the top officers of a company.

Following public comment, in December 2004, the FASB issued its revised FAS 123. See, Statement of Financial Accounting Standards No. 123 (revised 2004) [295 pages in PDF] titled "Share Based Payment". This document, FAS 123R, requires the expensing of stock options.

On March 29, 2005, the SEC issued its Staff Accounting Bulletin No. 107 [64 pages in PDF], regarding the implementation of the FASB's FAS 123R.

Statements by Cox and Nicolaisen. Cox (at right) wrote in his September 9 statement that "It has been nine months since the Financial Accounting Standards Board issued its statement requiring the expensing of stock options, and almost six months since the SEC published a Staff Accounting Bulletin regarding the implementation of the FASB standard. Today, the Commission's staff are issuing informal commentary that assesses progress toward using market approaches to valuation of employee stock options. This commentary is intended to stimulate discussion and promote further efforts at the development of market instruments to value employee stock options."

Nicolaisen wrote that "my staff has become aware of several different strategies being considered by issuers in an attempt to bring market forces to bear on the valuation of employee stock options. These strategies include attempts to design instruments that could be sold into the market at a value intended to be reasonably equivalent to the fair value of employee stock options."

He also stated that "it should be possible to design instruments whose transaction prices would be a reasonable estimate of the fair value of underlying employee stock options using either of the methodologies that seek to track returns to holders of options or the obligations of the issuer of those options". But, "we are not aware of any instruments that have actually been sold in the market in an effort to obtain an observable market price for use in valuing employee stock options".

He added that "we have significant doubts based on OEA's views, as to whether it would be possible to design an instrument that would achieve the measurement objective of Statement 123R by relying on similar contractual terms and conditions. That is primarily because of the difficulties inherent in replicating the employer-employee relationship in an issuer-investor arrangement."

He concluded that the SEC encourages "interested parties to continue to provide us with any further thoughts they have on this issue".

9/9. The Government Accountability Office (GAO) released a report [47 pages in PDF] titled "Information Technology: FBI Is Taking Steps to Develop an Enterprise Architecture, but Much Remains to Be Accomplished".

This report states that the Federal Bureau of Investigation (FBI), which is a part of the Department of Justice (DOJ), "has historically relied extensively on IT. For example, it relies on such computerized IT systems as the Combined DNA Index System to support forensic examinations and the National Crime Information Center and the Integrated Automated Fingerprint Identification System to help state and local law enforcement agencies identify criminals. The FBI reports that it collectively manages hundreds of systems, networks, databases, applications, and associated IT tools. As we previously reported, the FBI’s IT environment includes outdated, nonintegrated systems that do not optimally support mission operations."

The report states that the post 9/11 mission shift of the FBI, and the changing law enforcement environment, has "strained its existing patchwork of IT systems, which were developed and deployed on an ad hoc basis. The bureau reports that these circumstances will require a major overhaul in its IT systems environment."

The FBI "will spend approximately $390 million on modernization projects in fiscal year 2005 out of a total IT budget of $737 million."

The report concludes that the FBI's "the architecture program office does not yet have adequate resources, the bureau’s “as is” and “to be” architectures are not complete, and the bureau has not yet begun to develop its investment plans for transitioning from the ``as is´´ to the ``to be´´ states. Until the bureau has a complete and enforceable architecture, it remains at risk of developing systems that do not effectively and efficiently support mission operations and performance."

"The FBI is relying heavily on contractor support to develop its EA, but it has not employed effective contract management controls in doing so."

The report continues that "it has not used performance-based contracting, an approach that is required by federal acquisition regulations whenever practicable. Also, the bureau is not employing effective contractor tracking and oversight practices, as specified in relevant acquisition management guidance. More specifically, although the contract’s statement of work defines when products are due (i.e., timeliness standards), it does not specify the products in results-oriented, measurable terms. Further, it does not specify quality standards for products and does not define incentives for addressing either timeliness or quality standards. Finally, the bureau has not developed a plan for assuring the quality of the work produced by the contractor."

The GAO, which is an arm of the Congress, has issued many similar reports in the past. One year ago, on September 10, 2004, the GAO released a report [62 pages in PDF] titled "Information Technology: Foundational Steps Being Taken to Make Needed FBI Systems Modernization Management Improvements". See also, story titled "GAO Again Finds FBI IT Management Lacking" in TLJ Daily E-Mail Alert No. 975, September 13, 2004.

On March 23, 2004, the GAO wrote in prepared testimony [40 pages in PDF] for the Senate Appropriations Committee that the "FBI's longstanding approach to managing IT is not fully consistent with the structures and practices of leading organizations. A prime example of the consequences of not employing these structures and practices is the cost and schedule shortfalls being experienced on Trilogy, the centerpiece project to modernize infrastructure and case management applications." See also, story titled "GAO Finds That FBI's IT Transformation is Over Budget and Behind Schedule" in TLJ Daily E-Mail Alert No. 862, March 24, 2004.

Two years ago, on September 25, 2003, the GAO released a report [30 pages in PDF] titled "Information Technology: FBI Needs an Enterprise Architecture to Guide Its Modernization Activities".

Criticism of the FBI has not been limited to the GAO. For example, on December 19, 2002, the DOJ's Office of the Inspector General (OIG) released a report titled "Federal Bureau of Investigation's Management of Information Technology Investments". This OIG report concluded that the "FBI has not effectively managed its IT investments because it has not fully implemented the management processes associated with successful IT investments." See also, story titled "DOJ OIG Report Criticizes FBI Management of IT Resources" in TLJ Daily E-Mail Alert No. 572, December 20, 2002.

The 9/11 Commission's report, released in 2004, also noted deficiencies in the FBI's information technology.

See also, story titled "FBI Loses 317 Laptops" in TLJ Daily E-Mail Alert No. 485, August 6, 2002. And see, story titled "FBI Employee Pleads Guilty to Computer Crime" in TLJ Daily E-Mail Alert No. 791, December 3, 2003.

9/9. The Electronic Privacy Information Center (EPIC) wrote a letter [23 pages in PDF] to the members of the Senate Judiciary Committee (SJC) regarding the confirmation hearing for Judge John Roberts, which will begin on September 12.

The EPIC urges the SJC "to explore the views of Judge Roberts on the right to privacy". It also argues that "In the privacy area, his views are clear, extreme and disturbing."

The letter states that "In the contemporary environment, Constitutional and statutory protections of privacy are more vital than ever. Fear of terrorism has prompted a substantial increase in government surveillance. Technological change and lax corporate data security have made privacy a matter of pressing legislative concern. Given the dramatic expansion of the government's surveillance capabilities during the last several years and the likelihood that the issues the Supreme Court will face in the next few decades will be heavily influenced by the advance of technology, we believe it is important to understand how the nominee views the relationship between Constitutional principles and emerging threats to privacy."

The letter covers many cases and issues, including unlawful searches and the exclusionary rule, proposals for a national identification card, and "the application of Fourth Amendment principles in settings heavily influenced by the advent of new technology".

The EPIC argues that "Judge Roberts's political views, as expressed in his memos on the exclusionary rule and a national ID card, suggest too little regard for the legal mechanisms that limit police misconduct and little concern for the implications of a national ID system in the United States. The privacy cases that he has argued in the Supreme Court concerning databases maintained by the government agencies ignore concerns about the misuse of personal information and little regard for efforts by Congress to safeguard privacy by statutes."

The SJC has scheduled two days for questioning of Judge Roberts (Tuesday and Wednesday), and one day for outside witnesses (Thursday). One witnesses possess expertise in some of the issues raised by the EPIC letter -- Patricia Bellia, a professor at Notre Dame Law School, who teaches internet law and electronic surveillance law.

9/7. Christin Baker was named Assistant USTR for Public and Media Affairs. She was previously Communications Director for the House Ways and Means Committee, which has jurisdiction over most trade issues. Before that, she was spokesman for Rep. Anne Northup (R-KY). Before that, she worked for Citizens for a Sound Economy, And before that she worked for former Rep. Dan Miller (D-FL). See, USTR release.

9/9. The Office of the U.S. Trade Representative (USTR) announced in a release that "United States and Saudi Arabia have concluded bilateral negotiations on issues related to Saudi Arabia's World Trade Organization (WTO) accession". The USTR added that "Saudi Arabia has taken important steps to reform its trade regime, revising legislation, most notably in the areas of intellectual property protection ..."

9/7. Viviane Reding, the European Commissioner for Information Society and Media gave a speech titled "Software and services: powering the European digital economy" in Brussels, Belgium, on September 7, and a speech titled "i2010 : a new start for Lisbon and for European Information Society and Media policies" in London, United Kingdom, on September 6.

9/6. Peter Mandelson, the European Commissioner for Trade, gave a speech titled "Challenges and Opportunities for EU and China" in Beijing, China, on September 6, 2005. He said that "Due to unprecedented progress in transport technology and communication, globalisation is bringing about a fantastic acceleration of exchanges between the nations of the world." He argued that this is beneficial. He also stated that protectionism "inhibits innovation and adjustment" and "entrenches uncompetitiveness". But he said, "I operate in the sphere of practical politics not pure economic theory. I have to recognise and manage public pressures, and try to reconcile them when they clash." Mandelson will be in Washington DC on September 13 and 14, 2005. See, notice. He will give a luncheon address on Tuesday, September 13, at the National Press Club.

9/3. Nellie Kroes, the European Competition Commission, gave a speech titled "Competition must drive European competitiveness in a global economy" in Cernobbia, Italy, on September 3, 2005. She argued that Europe needs more competition and free trade, rather than more regulation and protectionism.

9/1. Intel filed its answer in U.S. District Court (DDel) to the antitrust complaint [PDF] filed by Advanced Micro Devices (AMD) on June 27, 2005. AMD's complaint alleges that Intel has wrongfully maintained a monopoly in the x86 microprocessor market in violation of Section 2 of the Sherman Act, and that Intel has made secret payments and allowances of rebates and discounts, and secretly and discriminatorily extended to certain purchasers special services or privileges, in violation of California Business & Professions Code § 17045. See, story titled "AMD Files Antitrust Complaint Against Intel" in TLJ Daily E-Mail Alert No. 1,165, June 30, 2005. Intel denies wrongdoing. It asserts that its success is due to its technological leadership, large investments, and risk taking. See also, Intel release.

Tech Law Journal publishes a free access web site and subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year. However, there are discounts for subscribers with multiple recipients. Free one month trial subscriptions are available. Also, free subscriptions are available for journalists, federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until one month after writing. See, subscription information page.

Contact: 202-364-8882.
P.O. Box 4851, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998 - 2005 David Carney, dba Tech Law Journal. All rights reserved.

The House will meet at 12:00 NOON in pro forma session only. See, Republican Whip Notice.

The Senate will meet at 2:00 PM. It will resume consideration of HR 2862, the Commerce, Justice, Science Appropriations bill.

9:00 - 10:15 AM. The Chamber of Commerce and the Business Software Alliance (BSA) will host an event titled "Intellectual Property Business Forum". The speakers will include Carlos Gutierrez, the Secretary of Commerce. See, notice. The price to attend range from free to $95. Location: 1615 H St., NW.

12:00 NOON. The Senate Judiciary Committee will begin its hearing on the nomination of Judge John Roberts to be Chief Justice of the United States. Committee members will make 10 minute opening statements. At about 3:45 PM, Sen. John Warner (R-VA), Sen. Richard Lugar (R-IN), and Sen. Evan Bayh (D-OH) will introduce Roberts. Then Roberts will speak. Location: Room 325, Russell Building.

12:00 NOON. The Center for Democracy and Technology (CDT) will host a panel discussion titled "Global Internet Governance: Should There be an Enhanced Role for the U.N.?" The speakers will be David Gross (Department of State) and Michael Gallagher (head of the National Telecommunications and Information Administration). See, notice. RSVP to Danielle Yates at 202 638-4370 or dyates at netcaucus dot org. Lunch will be served. Location: Room B-339, Rayburn House Office Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Cable and Broadband Rules for an Evolving Landscape: IPTV, Municipal Competition, and Local Video Regulation". The speakers will be Amy Levine, (Legislative Counsel to Rep. Rick Boucher (D-VA)), Cheryl Leanza (National League of Cities), Melissa Newman (Qwest), and Wesley Heppler (Cole Raywid & Braverman). No RSVP requested. For more information, contact Chris Fedeli at cfedeli at crblaw dot com or 202-828-9874 or Jason Friedrich at jason dot friedrich at dbr dot com or 202-354-1340. Location: Cole Raywid & Braverman, 1919 Pennsylvania Ave., NW, second floor.

Day two of a three day conference hosted by the Future of Music Coalition (FMC) titled "Future of Music Policy Summit". See, conference web site. At 9:15 AM there will be a panel titled "State of the Union". The speakers will be Marybeth Peters (Register of Copyrights), Mitch Bainwol (Ch/CEO of the RIAA), Shawn Fanning (Snocap), Jim Griffin (Cherry Lane Digital), Joe Henry (songwriter and producer), Andrew Moss (Microsoft), and Gary Shapiro (P/CEO of the Consumer Electronics Association). At 12:45 PM, there will be a panel titled "License to Cover: Section 115". The speakers will include David Jones (Counsel to the Senate Judiciary Committee's Subcommittee on Intellectual Property). Location: Lisner Auditorium, 730 21st St., NW, George Washington University, and other sites at or near GWU.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the notice of proposed rulemaking (NPRM) portion of its order and NPRM regarding the extension of 911/E911 regulation to interconnected voice over internet protocol (VOIP) service providers. The FCC adopted, but did not release, this order and NPRM on May 19, 2005. The FCC released the text [90 pages in PDF] of this order and NPRM on June 3, 2005. See, story titled "FCC Releases VOIP E911 Order" in TLJ Daily E-Mail Alert No. 1,148, June 6, 2005, and story titled "FCC Sets Deadlines for Comments on VOIP NPRM" in TLJ Daily E-Mail Alert No. 1,167, July 5, 2005. See, FCC notice (DA 05-1905) [3 pages in PDF].

EXTENDED TO SEPTEMBER 22. Deadline to submit reply comments to the Copyright Office regarding its first report to the Congress required by the Satellite Home Viewer Extension and Reauthorization Act of 2004. See, original notice in the Federal Register, July 7, 2005, Vol. 70, No. 129, at Pages 39343 - 39345. See also, notice extending deadlines in the Federal Register, August 15, 2005, Vol. 70, No. 156, at Page 47857.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its draft [52 pages in PDF] Special Publication 800-18, Revision 1, titled "Guide for Developing Security Plans for Federal Information Systems".

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. It will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Republican Whip Notice.

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, August 23, 2005, Vol. 70, No. 162, at Page 49257. Location: Doubletree Hotel and Executive Meeting Center, 1750 Rockville Pike, Rockville, MD.

8:30 AM - 5:00 PM. The National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology will meet. Some of the meeting will be closed to the public. See, notice in the Federal Register, August 23, 2005, Vol. 70, No. 162, at Pages 49256-49257. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

9:00 AM. The Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee will hold a meeting, part of which will be closed to the public. The agenda includes "Update on Encryption controls" and "Update on proposed rule on deemed export related regulatory requirements". See, notice in the Federal Register, September 6, 2005, Vol. 70, No. 171, at Pages 52982 - 52983. Location: Department of Commerce, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:30 AM - 8:30 PM. The Senate Judiciary Committee will continue its hearing on the nomination of Judge John Roberts to be Chief Justice of the United States. The agenda provides for 30 minute rounds of questioning by each of the Committee members, with one hour breaks for lunch and dinner at 1:00 PM and 6:00 PM. Location: Room 216, Hart Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in ICO Global Communications v. FCC, No. 04-1248. Judges Randolph, Rogers and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

RESCHEDULED FOR SEPTEMBER 22. 10:00 AM. The Senate Banking Committee will hold a hearing on "the financial services industry's responsibilities and role in preventing identity theft and protecting sensitive financial information". See, notice. Location: Room 538, Dirksen Building.

11:30 AM - 12:30 PM. The National Science Foundation's (NSF) National Science Board's (NSB) Programs and Plans Committee will hold a meeting. The agenda includes "Review of NSF Draft Cyberinfrastructure Document". See, notice in the Federal Register: September 8, 2005, Vol. 70, No. 173, at Page 53396. Location: NSF, Public Meeting Room 110, 4201 Wilson Boulevard, Arlington, VA.

12:30 PM. Peter Mandelson, the European Trade Commissioner, will give a luncheon speech titled "The Right Choices for International Trade and a Successful Doha Round". See, notice. Location: National Press Club, 529 14th St. NW, 13th Floor.

1:00 - 3:00 PM. The Information Technology Association of America's (ITAA) Information Security Committee will hold a meeting. Jeffrey Wright, Director of the Department of Homeland Security's National Cyber Security Division's Exercise Program, will discuss "Cyber Storm". For more information, contact Patti Coen at pcoen at itaa dot org. See, notice. Location: ITAA, 1401 Wilson Boulevard, Suite 1100, Arlington, VA.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "How to Litigate a Copyright Infringement Case". The speaker will be Kenneth Kaufman (Skadden Arps). The price to attend ranges from $80-$125. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

Day three of a three day conference hosted by the Future of Music Coalition (FMC) titled "Future of Music Policy Summit".At 9:15 AM, there will be a panel titled "IP in a Post Grokster World". The speakers will be Chris Amenita (ASCAP Enterprises Group), Preeta Bansal (Skadden Arps), Mia Garlick (Creative Commons), Cary Sherman (President of the RIAA), Siva Vaidhyanathan (NYU), Don Verrilli (Jenner & Block), and Fred von Lohmann (EFF). At 12:00 NOON, Sen. Maria Cantwell (D-WA) is scheduled to speak. At 12:45 PM, there will be a panel titled "Ethics of Innovation". It will address "how do attorneys counsel clients who have a business model or technology that could be used to infringe copyrights?" The speakers will be Jim Burger (Dow Lohnes), Jonathan Band (attorney), Chris Castle (Snocap), and Marty Lafferty (Distributed Computing Industry Association). See, conference web site. Location: Lisner Auditorium, 730 21st St., NW, George Washington University, and other sites at or near GWU.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Third Further Notice of Proposed Rule Making (NPRM), adopted on December 20, 2004, regarding whether to defer or eliminate the requirement in the rules that certain applications for equipment authorization received on or after January 1, 2005, specify 6.24 kHz capability. This item is FCC 04-292 in WT Docket No. 99-87 and RM-9332; See, notice in the Federal Register, June 15, 2005, Vol. 70, No. 114, at Pages 34726 - 34729.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice [PDF] requesting comments on Continental Airlines' Petition for a Declaratory Ruling regarding the state Massachusetts' attempt to regulate Wi-Fi hotspots. Continental has installed a Wi-Fi hotspot for internet access and telecommunications at its frequent flyer lounge at Boston Logan Airport (Logan). An issue is whether the demands of the Massachusetts Port Authority for removal of the antenna are prohibited under the FCC's Over the Air Reception Devices (OTARD) rules. This public notice is DA 05-2213 in ET Docket No. 05-247.

The House will meet at 10:00 AM for legislative business. The agenda includes no technology related items. See, Republican Whip Notice.

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, August 23, 2005, Vol. 70, No. 162, at Page 49257. Location: Doubletree Hotel and Executive Meeting Center, 1750 Rockville Pike, Rockville, MD.

9:30 AM. The Senate Judiciary Committee will continue its hearing on the nomination of Judge John Roberts to be Chief Justice of the United States. The agenda provides for a second round of questioning by Committee members, with each member allowed 20 minutes. Location: Room 216, Hart Building.

RESCHEDULED FOR SEPTEMBER 21? 9:30 AM. The Senate Judiciary Committee may hold a hearing titled "Able Danger and Intelligence Information Sharing". This involves data mining. 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 U.S. Court of Appeals (DCCir) will hear oral argument in SBC Internet Service v. Recording Industry Association of America, No. 04-5325. This is an appeal from the U.S. District Court for the District of Columbia regarding DMCA subpoenas provided for by 17 U.S.C. § 512(h). See, SBC's brief [PDF]. Judges Sentelle, Randolph and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

11:00 AM - 12:00 NOON. The Federal Communications Commission's (FCC) Advisory Committee for the 2007 World Radiocommunication Conference will meet. See, FCC notice [PDF] and notice in the Federal Register, August 10, 2005, Vol. 70, No. 153, at Pages 46524. Location: FCC, Commission Meeting Room (TW-C305), 445 12th Street, SW.

11:15 AM. The U.S. District Court (DC) will hold an initial conference in ITC Deltacom Communications v. AT&T (No. 1:2005-cv-01360-ESH), Granite Telecommunications v. AT&T (No. 1:2005-cv-01416-ESH), and RCN Telecom Services v. AT&T (No. 1:2005-cv-01432-ESH). Location: Prettyman Courthouse, Courtroom 18, 333 Constitution Ave., NW.

TIME? The U.S. Trade Representative (USTR) will hold a public hearing on the People's Republic of China's compliance with its World Trade Organization (WTO) commitments to assist it in preparing an annual report to the Congress. See, notice in the Federal Register, August 3, 2005, Vol. 70, No. 148, at Pages 44714 - 44715. Location: Room 1, 1724 F Street, NW.

The Federal Communications Commission (FCC) will hold its Low Power Television Auction, Auction No. 81. See, Public Notice [PDF] numbered DA 05-1624, and dated June 9, 2005.

Extended deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its green paper describing and evaluating four options to reform restriction practice. See, notice of extension in the Federal Register, August 5, 2005, Vol. 70, No. 150, at Page 45370.

The House will meet at 10:00 AM for legislative business. The agenda includes no technology related items. See, Republican Whip Notice.

8:30 AM - 12:00 NOON. Day three 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, August 23, 2005, Vol. 70, No. 162, at Page 49257. Location: Doubletree Hotel and Executive Meeting Center, 1750 Rockville Pike, Rockville, MD.

8:30 AM - 3:00 PM. The Chamber of Commerce will host an event titled "No More Excuses: Business and Health Information Technology". The speakers will include for Rep. Newt Gingrich (R-GA) and Rep. Patrick Kennedy (D-RI). See, notice. The price to attend range from free to $145. Location: US Chamber, 1615 H Street, NW.

9:00 AM. The National Institute of Standards and Technology's (NIST) Judges Panel of the Malcolm Baldrige National Quality Award will meet. This meeting is closed to the public. See, notice in the August 23, 2005, Vol. 70, No. 162, at Pages 49257 - 49258. Location: NIST, Administration Building, Lecture Room D, Gaithersburg, MD.

9:30 AM - 5:30 PM. The Senate Judiciary Committee will continue its hearing on the nomination of Judge John Roberts to be Chief Justice of the United States. The agenda provides for hearing all six of the panels outside witnesses in one day. If the Committee follows its agenda, then the fifth panel, which includes technology law professors Christopher Yoo and Patricia Bellia, would begin at about 3:00 PM. See, story titled "Tech Lawyers Scheduled to Testify at Roberts Confirmation Hearing" in TLJ Daily E-Mail Alert No. 1,206, September 2, 2005. Location: Room 216, Hart Building.

9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. See, agenda. The event will be webcast by the FCC. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing titled "The Amendment in the Nature of a Substitute to H.R. 2795, the `Patent Act of 2005´". See, HR 2795. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "Cybersecurity: How Can the Government Help Address Vulnerabilities in Critical Industries?" The witnesses will be Donald "Andy" Purdy (Acting Director of the Department of Homeland Security's National Cyber Security Division), David Kepler (Dow Chemical), John Leggate (BP), and Gerald Freese (American Electric Power). The hearing will be webcast by the HSC. Press contacts: Elizabeth Grossman (Republicans) at 202 225-7858 and Jim Wilson (Democrats) at 202 225-6375. Location: Room 2318 Rayburn Building.

10:00 AM. The House Judiciary Committee's Subcommittee on Immigration, Border Security, and Claims will hold a partially closed hearing titled "Sources and Methods of Foreign Nationals Engaged in Economic and Military Espionage". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Banking Committee will hold a hearing on numerous pending nominations, including those of David McCormick (to be Under Secretary of Commerce for Export Administration), Darryl Jackson (to be Assistant Secretary of Commerce), and Franklin Lavin (to be Under Secretary of Commerce for International Trade). See, notice. See also, story titled "Bush Nominates McCormick and Jackson for Export Control Office" in TLJ Daily E-Mail Alert No. 1,165, June 30, 2005. Location: Room 538, Dirksen Building.

10:00 AM. The House Homeland Security Committee's Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment will host an event titled "Open Source Intelligence Technology and Policy Fair". Location: Rayburn Foyer.

10:30 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on the nominations of Stewart Baker and Julie Myers to be an Assistant Secretaries of Homeland Security. See, notice. See also, story titled "Bush Picks Stewart Baker for DHS Policy Position" in TLJ Daily E-Mail Alert No. 1,174, July 14, 2005. Location: Room 342, Dirksen Building.

12:00 NOON - 1:30 PM. The DC Bar Association will host a brown bag lunch titled "50 Hot Technology Tips And Web Sites: What Lawyers Should Know". The price to attend ranges from $15-$25. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

12:30 - 2:00 PM. The Forum on Technology and Innovation will host a luncheon briefing titled "Basic Research -- The Foundation of the Innovation Economy". See, notice. Location: Room 902, Hart Building, Capitol Hill.

1:30 PM. The House International Relations Committee's Subcommittee on Oversight and Investigations will hold a hearing titled "Broadcasting Board of Governors and the Middle East Broadcasting Network". See, notice. Location: Room 2172, Rayburn Building.

2:00 - 5:00 PM. The Department of State (DOS) will host a meeting to hear public comment on the possible expansion of the mandate of the International Mobile Satellite Organization (IMSO) to include new oversight and regulatory responsibilities. See, notice in the Federal Register, September 7, 2005, Vol. 70, No. 172, at Page 53267. See also, the DOS's IMSO web page. Location: DOS, 2201 C St. NW.

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

9:30 AM. The Senate Judiciary Committee will continue its hearing on the nomination of Judge John Roberts to be Chief Justice of the United States. Location: Room 216, Hart Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Kidd Communications v. FCC, No. 04-1274. Judges Garland, Silberman and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 AM - 12:45 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Supreme Court Review and Preview 2005". The speakers will be Judge Richard Roberts (U.S. District Court for the District of Columbia), Beth Brinkmann (Morrison & Foerster), Michael Dreeben (Office of the Solicitor General), and Thomas Goldstein (Goldstein Howe). The price to attend ranges from $80-$125. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Protecting Property Rights After Kelo". See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal at 202 225-5735. Location: Room 2123, Rayburn Building.

Deadline to submit comments to the Office of Federal Financial Management (OFFM) in the Office of Management and Budget (OMB) regarding the use of multiple principal investigators (PIs) on awards made under federal research and research related programs. See, notice in the Federal Register, July 18, 2005, Vol. 70, No. 136, at Page 41220 - 41222.

Deadline to submit reply comments to the Interim Chief Copyright Royalty Judge in response to the request for further comments regarding rules for the delivery and format of records of use of sound recordings for statutory licenses under 17 U.S.C. § 112 and 17 U.S.C. § 114. The Interim Chief Copyright Royalty Judge, on behalf of the Copyright Royalty Board, issued the notice of proposed rulemaking (NPRM) on April 27, 2005. The Board has received comments, which reflected sharp divisions among the parties. It now poses further questions. See, notice in the Federal Register, Vol. 70, No. 143, at Pages 43364 - 43368.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to the Public Notice [27 pages in PDF] of August 17, 2005, regarding four proposals (which are attached to the Public Notice) submitted to the FCC by members and staff of the FCC's Federal-State Joint Board on Universal Service regarding universal service subsidies for rural carriers. One of these proposals also proposes expanding the services that are taxed to support universal service subsidies. (See, Public Notice, at page 18.)