11/29. The Securities and Exchange Commission (SEC) adopted a staff recommendation to publish a notice in the Federal Register that proposes to amend the SEC's rules to allow companies to use the internet to satisfy proxy material delivery requirements.

The SEC issued a release that describes this item. However, this item has not yet been listed in the SEC's web page that lists and hyperlinks proposed rule changes, and the SEC has yet to publish a notice in the Federal Register.

The SEC release states that "When a person solicits a proxy from the shareholders of a company that is subject to the Commission’s proxy rules, Rule 14a-3 currently requires that a proxy statement, which must include specified disclosure, be delivered with or prior to that solicitation. Further, when a company solicits proxies, it also must deliver an annual report to shareholders, which must include additional specified disclosure. Under current rules and Commission interpretations, the proxy statement and annual report must be delivered in paper form or, if the shareholder consents, they may be delivered electronically (for example, by e-mail). The electronic delivery option requires affirmative shareholder consent and currently is used only on a limited basis." (Parentheses in original.)

It adds that "The proposed rules potentially would have two significant benefits: (1) they could result in a substantial decrease in the expense incurred by issuers to comply with the proxy rules; and (2) they would provide persons other than the company with a more cost-effective means to undertake their own proxy solicitations."

SEC Chairman, Chris Cox, also described this item at the SEC's November 29 meeting. He said that "The proxy rules are one of the last remaining areas where paper delivery is still the norm, rather than the exception. This morning we're considering whether to make Internet delivery an acceptable way for investors to get their proxy materials. Companies, and others sending proxy statements, would have to provide postcard notice to each investor that proxy materials are available on a specified website. The investor could, if he or she chose, simply call a toll free number (or use email) to choose to have a paper copy delivered the old fashioned way, at no cost." (Parentheses in original.) See, Cox statement.

Much of the federal securities regulatory framework dates from the New Deal era, when there were fewer individual investors, and business and regulatory communications were largely conducted on paper.

Cox (at right), who became SEC Chairman in August, is a West Coast technophile who is working to incorporate new information technologies into securities regulation, and more generally, into the creation, dissemination and use of financial data.

Cox said that "it's difficult not to notice the proliferation of electronic gadgets being advertised as the perfect holiday gift. We can only guess how many Americans will get a USB key as a stocking stuffer, or a cell phone that takes pictures and surfs the Web, or even an iPod that plays not only MP3s, but video. While we may still romanticize about traveling over the river and through the woods to grandmother’s house in a horse-drawn carriage, most of us reach our destination by planes, trains, and automobiles. And some of those jet planes have live TV, some of the trains have wireless Internet, and some of those automobiles have GPS guidance -- and a friendly robotic voice to tell us where to turn."

He continued that "Just as technology has revolutionized the way we travel, it’s also dramatically changed the way we communicate and share information. Today, investors seeking to protect their hard-earned money have opportunities to gather information about prospective investments in real time, via the Internet. There is more information than ever before at an investor’s fingertips. And with the timeliness of information as important as its quantity, the Internet’s instant transmission of data is an investor’s best friend. In the months and years ahead, as investors increasingly migrate to the Internet, the SEC will continue to work to make the very best information available to them online."

"Today, and every day, thousands of investors are viewing corporate filings online, at the SEC’s website. From registration statements, to annual reports, to quarterly reports, to proxy and information statements, an investor no longer has to travel to one of the Commission’s Public Reference Rooms, or pay a service bureau to find and copy information", said Cox. "And that's not all. Investors today can have access not only to the raw data from the SEC’s website, but also to analyses of it that can also be readily obtained on the web. This is only the beginning. The ultimate goal is to put investors in the driver's seat when it comes to information about, and control over, their money."

Cox has also recently been promoting the use of interactive data and XBRL. See, speech of November 7, 2005, in Tokyo, Japan, and speech of November 11, 2005, in Boca Raton, Florida. See also, story titled "SEC Chairman Cox Discusses Use of Interactive Data in Corporate Reporting" in TLJ Daily E-Mail Alert No. 1,250, November 9, 2005. And see, the SEC's February 2005 rule changes that initiated the SEC's XBRL Voluntary Program.

11/22. The Office of the Attorney General of the State of New York announced in a release that "Warner Music Group Corp., the third largest record company in the United States, has agreed to abandon the industry-wide practice of providing radio stations and their employees with financial incentives and promotional items in exchange for ``airplay´´ for Warner's recordings." See also, document [57 pages in PDF] signed by Warner and New York titled "Assurance of Discontinuance".

Federal Communications Commission (FCC) Commissioner Jonathan Adelstein stated in a release [PDF] that "Attorney General Eliot Spitzer has once again achieved a breakthrough in the effort to combat payola and protect consumers from misleading broadcasts. The settlement with Warner Music Group adds more dirt to the mountain of evidence that payola is pervasive in the music business. This agreement once again raises serious concerns that not only has New York State law been violated, but Federal law under the FCC’s jurisdiction, as well. The FCC needs to act on this evidence and conclude as soon as possible the investigation we are now undertaking."

See also, stories titled "FCC Chairman Directs Enforcement Bureau to Conduct Payola Investigation" in TLJ Daily E-Mail Alert No. 1,191, August 9, 2005; "Adelstein Angles for More FCC Regulation of Speech" in TLJ Daily E-Mail Alert No. 1,143, May 26, 2005; and "Powell Announces FCC Investigation Regarding Armstrong Williams" in TLJ Daily E-Mail Alert No. 1,057, January 17, 2005.

11/30. The Securities and Exchange Commission (SEC) announced that its General Counsel, Giovanni Prezioso, "will leave the Commission to return to the private sector. Prezioso, 47, was named General Counsel in April 2002. He has not yet accepted another position and will remain at the Commission until early 2006 to assist with transition matters." See, SEC release.

12/1. The Copyright Office published a notice in the Federal Register that recites, explains, and sets the effective date (January 3, 2006) for its rule changes regarding cost of living adjustment for performance of musical compositions by colleges and universities. See, Federal Register, December 1, 2005, Vol. 70, No. 230, at Page 72077.

12/1. The Bureau of Industry and Security (BIS) published a notice in the Federal Register that recites, explains, and sets the effective date (December 1, 2006) for its rule changes regarding removing the requirement to obtain an Import Certificate in support of an export or reexport license when the ultimate consignee or purchaser is a foreign government or agency of Bulgaria, Czech Republic, Hungary, Poland, Romania, Slovakia, and India. See, Federal Register, December 1, 2005, Vol. 70, No. 230, at Pages 72073 - 72074.

11/14. The U.S. District Court (DAriz) issued its Final Judgment and Order for Permanent Injunction and Other Equitable Relief [14 pages in PDF] in FTC v. Wealth Systems, holding that the defenants violated the Federal Trade Commission Act (FTCA) in connection with their marketing and selling internet based business opportunities via direct mail and telemarketing. See also, FTC release. This case is FTC v. Wealth Systems, Inc., Ecommerce Network.com, LLC, Martin Q. Wilson, and Shane Roach, U.S. District Court for the District of Arizona, D.C. No. CV-05-0394 PHX JAT, Judge James Teilborg presiding.

11/30. President Bush gave a long speech on terrorism and the war in Iraq. He did not discuss technology policy. However, he closed by reciting the posthumous words of a U.S. Marine who died in Iraq. The medium of this Marine's last words was a laptop computer. Bush said, "One of those fallen heroes is a Marine Corporal named Jeff Starr, who was killed fighting the terrorists in Ramadi earlier this year. After he died, a letter was found on his laptop computer. Here's what he wrote, he said, ``[I]f you're reading this, then I've died in Iraq. ...´´"

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The House will next meet on Tuesday, December 6, 2005.

The Senate will next meet on Monday, December 12, 2005.

10:00 AM. The Antitrust Modernization Commission (AMC) will meet. There will be a panel from 10:00 AM to 12:00 NOON titled "Government Civil Remedies". There will be three panels from 1:15 - 4:30 PM titled "Statutory Immunities and Exemptions". See, prepared testimony [PDF] of John Sullivan, prepared testimony [PDF] of James Miller, prepared testimony [27 pages in PDF] of Peter Carstenen (University of Wisconsin law school), and prepared testimony [44 pages in PDF] of Darren Bush, Gregory Leonard (NERA Economic Consulting), and Stephen Ross (University of Illinois law school). See, AMC notice and notice in the Federal Register, November 16, 2005, Vol. 70, No. 220, at Page 69511. Location: Federal Trade Commission, Conference Center, 601 New Jersey Ave., NW.

12:00 NOON - 2:00 PM. The Forum on Technology will host an event titled "The Future of Broadband". See, notice. Location: Room G50, Dirksen Building, Capitol Hill.

12:00 NOON. The Heritage Foundation will host a lecture by Tom Bethell, author of the book titled The Politically Incorrect Guide to Science [Amazon]. See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

12:30 - 2:00 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Practice Committee will host a brown bag lunch. David Gross (U.S. Coordinator for Communications and Information Policy at the State Department) will discuss the November meeting of the World Summit on Information Society (WSIS) in Tunis, Tunisia. Location: Hogan & Hartson, 555 13th St., NW, Concourse Level.

CANCELLED. 6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Regulation in the Post-Katrina Environment".

Deadline to submit initial comments to the Copyright Office in response to its notice of inquiry (NOI) regarding exempting certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works. See, 17 U.S.C. § 1201(a), and notice in the Federal Register, October 3, 2005, Vol. 70, No. 190, at Pages 57526 - 57531.

Deadline for the National Cable & Telecommunications Association's (NCTA) and Consumer Electronics Association (CEA) to file their second round of status reports with the Federal Communications Commission (FCC) regarding progress in talks regarding the feasibility of a downloadable security solution for integrating navigation and security functionalities in cable set top boxes. See, FCC's Second Report and Order [37 pages in PDF] adopted and released on March 18, 2005. This order is FCC 05-76 in CS Docket No. 97-80. See also, FCC release [PDF] summarizing this order, and story titled "FCC Again Delays Deadline for Integrating Navigation and Security Functionalities in Cable Set Top Boxes" in TLJ Daily E-Mail Alert No. 1,099, March 21, 2005. See also, notice of extensions (DA 05-1930) [2 pages in PDF].

8:30 AM - 3:00 PM. The National Institute of Standards and Technology's (NIST) Malcolm Baldrige National Quality Award Board of Overseers will meet. See, notice in the Federal Register, November 18, 2005, Vol. 70, No. 222, at Page 69954. Location: NIST, Administration Building, Room A1038, Gaithersburg, MD.

12:00 NOON - 2:00 PM. The Public Knowledge (PK) will host a briefing for Congressional staff titled "Importance of an Open Internet for the National Economy". The speakers will be Gigi Sohn (PK), Chris Murray (Vonage), Matthew Zinn (TiVo), Mark Cooper (Consumer Federation of America), Mark Luker (Educause), and Barbara van Schewick (author of the paper [48 pages in PDF] titled "Towards an Economic Framework for Network Neutrality Regulation"). The PK notice states that "Hill staffers get first crack at questions". Lunch will be served. RSVP to pk at publicknowledge dot org or 202 518-0020. Press contact: Art Brodsky at 202 518-0020 ext 103. Location: Room 2226, Rayburn Building.

12:00 NOON - 1:45 PM. The American Enterprise Institute (AEI) will host a luncheon titled "The State of Trade: The Doha WTO Round, APEC, and the FTAA". The speakers will be Claude Barfield (AEI), James Glassman (AEI), and Arvind Panagariya (Columbia University). See, notice. Location: Twelfth floor, 1150 17th St., NW.

Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding its out of cycle reviews (OCRs) of Russia, Canada, Indonesia and the Philippines. These OCRs pertain to the identification of countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. See, notice in the Federal Register: September 29, 2005, Vol. 70, No. 188, at Pages 56963 - 56964.

1:00 - 5:00 PM. The Antitrust Modernization Commission (AMC) will meet. The topic will be "Antitrust in Regulated Industries". The witnesses will be Scott Alvarez, Ellen Hanson, Rob McKenna, Mark Cooper, Harold Furchtgott-Roth, Diana Moss, and John Thorne. See, AMC notice and notice in the Federal Register, November 16, 2005, Vol. 70, No. 220, at Page 69511. Location: Federal Trade Commission, Conference Center, 601 New Jersey Ave., NW.

The House will return from its Thanksgiving recess at 2:00 PM.

8:30 AM - 5:00 PM. Day one of a two day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). The agenda includes the following items: (1) Privacy Act framework effort, (2) status reports on ISPAB work plan items, (3) briefing on NIST Next Generation Internet Protocol (IPv6), (4) briefing on NIST National Vulnerability Database Project, (5) NTIA Information Security Outreach Briefing, and (6) discussion of NIST's Cryptographic Hash Function Workshop. See, notice in the Federal Register, November 18, 2005, Vol. 70, No. 222, at Pages 69953 - 69954. Location: Doubletree Hotel and Executive Meeting Center, 1750 Rockville Pike, Rockville, MD.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee will hold a partially closed meeting. The agenda includes a discussion of the BIS's deemed export rules. See, notice in the Federal Register, November 23, 2005, Vol. 70, No. 225, at Page 70784. Location: Room 3884, Hoover Building, 14th Street between Constitution and Pennsylvania Avenues, NW.

TIME? The Department of Homeland Security's (DHS) Data Privacy and Integrity Advisory Committee will meet. Location: ___.

5:00 - 7:00 PM. The Public Knowledge will host an event titled "celebration of the season". RSVP by December 1, 2005 to aoliverio at publicknowledge dot org or 202 518-0020. Location: Suite 650, 1875 Connecticut Ave., NW.

8:00 AM - 11:00 AM. The DC Bar Association's Intellectual Property Law Section will host a panel discussion titled "Trademark Office Speaks". The speakers will include Lynne Beresford (Commissioner for Trademarks), Sharon Marsh (Deputy Commissioner for Trademark Examination Policy), and David Sams (Chief Administrative Trademark Judge, Trademark Trial and Appeal Board). The price to attend ranges from $25-$40. For more information, call 202 626-3463. See, notice. Location: Cosmos Club, 2121 Massachusetts Ave., NW.

8:30 AM - 5:00 PM. Day two of a two day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). The agenda includes the following items: (1) Privacy Act framework effort, (2) status reports on ISPAB work plan items, (3) briefing on NIST Next Generation Internet Protocol (IPv6), (4) briefing on NIST National Vulnerability Database Project, (5) NTIA Information Security Outreach Briefing, and (6) discussion of NIST's Cryptographic Hash Function Workshop. See, notice in the Federal Register, November 18, 2005, Vol. 70, No. 222, at Pages 69953 - 69954. Location: Doubletree Hotel and Executive Meeting Center, 1750 Rockville Pike, Rockville, MD.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property (CIIP) will hold an oversight hearing titled "International IPR Report Card -- Assessing U.S. Government and Industry Efforts to Enhance Chinese and Russian Enforcement of Intellectual Property Rights". The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in MIT v. Abacus Software, No. 05-1142, an appeal from the U.S. District Court (EDTex) in a patent infringement case involving image editing software. Location: Courtroom 203, 717 Madison Place, NW.

4:00 - 7:00 PM. The Progress and Freedom Foundation (PFF) will host an event titled "DACA USF Conference". The PFF's Digital Age Communications Act (DACA) project is in the process of developing draft legislation. One of the topics that it is examining is Universal Service Fund (USF) reform. The keynote speaker will be Sen. John Sununu (R-NH), a member of the Senate Commerce Committee. There will be a panel presentation by the PFF's DACA Universal Service Working Group. The presenters will be Ray Gifford (PFF), Adam Peters (Kamlet Shepherd & Reichert), Michael Riordan (Columbia Business School), Robert Atkinson (Columbia Institute for Tele-Information), and Jerry Ellig (Mercatus Center, George Mason University). Then there will be a panel of industry representatives will provide reaction. The panelists will be Jonathan Askin (General Counsel, Pulver.com), Bob Blau (BellSouth), David Cohen (US Telecom), Gary Lytle (Qwest), John Nakahata (Harris Wiltshire & Grannis), and Joe Waz (Comcast). See, notice and registration pages. Location: Thornton Room, Hyatt Regency Capitol Hill, 400 New Jersey Ave., NW.

7:00 PM. The Progress and Freedom Foundation (PFF) will host a "holiday gala" that will include "libations". The PFF invites not only supporters of "telecom reform", but also "erstwhile advocates for commons, mandated ``openness´´ and regulatory interventions". Location: Thornton Room, Hyatt Regency Capitol Hill, 400 New Jersey Ave., NW.

TIME? The Securities and Exchange Commission (SEC) will hold a presolicitaion conference regarding the draft RFP [154 pages in PDF] for remaking the SEC's Electronic Data Gathering, Analysis, and Retrieval (EDGAR) Platform. See also, SEC release, draft RFP cover letter [PDF], and story titled "SEC Seeks Contractor to Remake EDGAR" in TLJ Daily E-Mail Alert No. 1,259, November 23, 2005. Location: __.

The Federal Communications Commission (FCC) will begin its Multichannel Video Distribution and Data Service (MVDDS) auction (Auction No. 63). See, notice in the Federal Register, September 15, 2005, Vol. 70, No. 178, at Pages 54541 - 54555.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in CTIA v. FCC, No. 05-1008. This is a petition for review of the final order of the Federal Communications Commission (FCC) that adopted the "Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process", which regulates tower and antenna construction. This order is FCC 04-222 in WT Docket No. 03-128. At issue is whether the FCC has authority under Section 106 of the NHPA, which is codified at 16 U.S.C. § 470f, to write these rules. See, stories titled "FCC Announces NPRM Regarding Communications Facilities and the National Historic Preservation Act" in TLJ Daily E-Mail Alert No. 677, June 10, 2003, and "FCC Adopts Report and Order Re FCC Licensing and the National Historic Preservation Act" in TLJ Daily E-Mail Alert No. 975, September 13, 2004. See also, brief [PDF] of the FCC. Judges Tatel, Garland and Griffith will preside. Location: Courtroom 20, Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Inpro II Licensing v. T-Mobile USA, No. 05-1233. Location: Courtroom 201, 717 Madison Place, NW.

The Federal Communications Bar Association (FCBA) will host an event titled "19th Annual Chairman's Dinner". Location: Washington Hilton Hotel.