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March 14, 2006, Alert No. 1,329.
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Pulver Asks FCC to Require Greater Number Porting in Emergencies

3/13. Jeff Pulver and Tom Evslin filed a petition [18 pages in PDF] with the Federal Communications Commission (FCC) requesting that it initiate a rulemaking making proceeding regarding post-disaster communications. They want the FCC to require service providers to make available in disaster situations two hour number porting, including out of area porting, and porting to IP based services.

The petition states that it was filed by "Evslin Consulting and pulver.com".

The petition states that the FCC's number porting rules undermine communications after a disaster. It argues that people with wireless or VOIP service can take take their service with them when hurricanes or other disasters strike. However, people without wireless, VOIP, or voicemail service, can not be reached when their basic landline PSTN service becomes inoperable, or they can not access it. The petition asserts that one problem is that the FCC's rules do not require portability outside of a geographic area or rate center.

The petition recommends that the FCC "require any provider obligated to provide E911 services to establish an alternate communications service for affected customers via either: (1) activating for each customer a voicemail service that would be accessed by incoming callers dialing the customer's phone number, or (2) providing expedited local number porting to an alternate service provider selected by the customer, including the porting to a number outside of the geographic area and/or rate center."

The petition continues that if providers choose not to offer temporary emergency voicemail service, then they "should be required to provide expedited local number portability to customers affected by a long-term outage, to allow those customers to quickly port their numbers to an alternative provider ... including an IP-based provider or provider outside of the affected rate center, that then could request expedited porting from the customer's primary provider to be completed within 2 hours."

House Financial Services Committee to Mark Up Internet Gambling Bill

3/13. The House Financial Services Committee (HFSC) has scheduled a meeting to mark up several items on Wednesday, March 15, 2006. The agenda includes consideration of HR 4411, the "Unlawful Internet Gambling Enforcement Act of 2006".

Rep. James LeachRep. James Leach (R-IA) introduced this bill on November 18, 2005. There are currently 32 cosponsors.

This is a narrowly targeted bill. It contains no provisions that prohibit any form of gambling. Rather, it pertains to the the payments systems that persons use when gambling online. It is an attempt to limit illegal internet gambling by limiting the access of gambling businesses to the financial services system.

The bill provides that "No person engaged in the business of betting or wagering may knowingly accept, in connection with the participation of another person in unlawful Internet gambling -- (1) credit, or the proceeds of credit, extended to or on behalf of such other person (including credit extended through the use of a credit card); (2) an electronic fund transfer, or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, from or on behalf of such other person; (3) any check, draft, or similar instrument which is drawn by or on behalf of such other person and is drawn on or payable at or through any financial institution; or (4) the proceeds of any other form of financial transaction, as the Secretary may prescribe by regulation, which involves a financial institution as a payor or financial intermediary on behalf of or for the benefit of such other person."

The bill then requires the Department of the Treasury to write regulations "requiring each designated payment system, and all participants therein, to identify and prevent restricted transactions through the establishment of policies and procedures reasonably designed to identify and prevent restricted transactions in any of the following ways:
  (1) The establishment of policies and procedures that -- (A) allow the payment system and any person involved in the payment system to identify restricted transactions by means of codes in authorization messages or by other means; and (B) block restricted transactions identified as a result of the policies and procedures developed pursuant to subparagraph (A).
  (2) The establishment of policies and procedures that prevent the acceptance of the products or services of the payment system in connection with a restricted transaction."

Rep. Leach and other members of the HFSC have long sought to enact related legislation, without success.

Rep. Bob GoodlatteAlso, Rep. Bob Goodlatte (R-VA) (at left), Rep. Rick Boucher (D-VA), and others, introduced HR 4777, the "Internet Gambling Prohibition Act" on February 16, 2006. This bill would amend federal criminal law pertaining to gambling, and hence, falls within the jurisdiction of the House Judiciary Committee. Rep. Goodlatte has been working unsuccessfully for nearly a decade to pass anti-internet gambling legislation. The HJC has not yet taken any action on this bill.

The HFSC is also scheduled to mark up HR 3997, the "Financial Data Protection Act", at is March 15 meeting.

Texas Sues to Shut Down Unlicensed Online Payment Service

3/13. The Office of the Attorney General of the State of Texas filed a complaint [13 pages in PDF] in state court in Texas against EMO Corporation, and several of its officers and directors, alleging violation of the Texas Finance Code in connection with their alleged operation of an unlicensed internet payment service.

18 U.S.C. § 1960 criminalizes the operation of "an unlicensed money transmitting business".

This federal statute further provides, in part, that the term "unlicensed money transmitting business" means a money transmitting business which affects interstate or foreign commerce in any manner or degree and -- (A) is operated without an appropriate money transmitting license in a State where such operation is punishable as a misdemeanor or a felony under State law, ..."

However, this action is brought by the State of Texas for the alleged violation of the Section 151.708 of the Texas Finance Code.

Section 151.002 defines "Money services" as "money transmission or currency exchange."

Section 151.301 then defines "Money transmission" as follows:

    "the receipt of money or monetary value by any means in exchange for a promise to make the
    money or monetary value available at a later time or different location.  The term:
      (A) includes:
        (i) selling or issuing stored value or payment instruments, including checks, money orders, and traveler's checks;
        (ii) receiving money or monetary value for transmission, including by payment instrument, wire, facsimile, electronic transfer, or ACH debit;
        (iii) providing third-party bill paying services; or
        (iv) receiving currency or an instrument payable in currency to physically transport the currency or its equivalent from one location to another by motor vehicle or other means of transportation or through the use of the mail or a shipping, courier, or other delivery service;  and
      (B) does not include the provision solely of online or telecommunication services or connection services to the Internet."

Section 151.708 then criminalizes operating a money services business without a state license.

The complaint states that EMO is a Texas corporation based in Austin, Texas. It further alleges that EMO has a federal, but not a state license. Although, it has applied for a state license.

The complaint also states that EMO "is insolvent by approximately $2,000,000".

The complaint requests a temporary restraining order, a preliminary injunction, and a permanent injunction, enjoining the defendants from continuing to operate a money services business, from accepting money from the public, and from wasting, secreting, and otherwise dissipating its customers' funds. The complaint also seeks the appointment of a receiver, and an order freezing assets.

See also, Texas' application for injunctive relief [PDF].

Texas Attorney General Greg Abbott stated in a release that "These officers must account for their outrageous mismanagement of consumers' money, which they promised would be secure ... The court's appointment of a receiver to seize control of this company’s assets will provide an opportunity to determine where this money has gone."

This case is State of Texas v. EMO Corporation, Todd L. Tredeau, Tracey L. Jones, and Nancy C. Humphries.

More News

Ben Bernanke3/8. Federal Reserve Board (FRB) Chairman Ben Bernanke (at right) gave a speech in Las Vegas, Nevada, titled "Community Banking and Community Bank Supervision in the Twenty-First Century". He stated that "this division of labor between large and small institutions has begun to blur. Today, practitioners and researchers understand that low-cost information processing, improved credit-scoring, and more sophisticated management techniques are rapidly reducing the effective opacity of many small businesses and households. Credit card lending provides an example of this phenomenon. Technological and financial innovation, including credit scoring, securitization, and economies of scale in data processing, have combined to make credit card lending a hard-information, transactions-driven business, quite different from traditional unsecured personal lending, which relies heavily on personal knowledge and relationships."

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Washington Tech Calendar
New items are highlighted in red.
Tuesday, March 14

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

The Senate will meet at 10:00 AM. It will resume consideration of of SConRes 83, the budget resolution.

9:30 - 11:00 AM. American Speech Language Hearing Association (ASHA) will host a panel discussion titled "Popular Technology & The Risk of Hearing Loss". The ASHA notice states that it will release "survey findings related to how the usage of some of today’s biggest selling popular technology -- for example, the iPod, other MP3 players, portable ear telephone, and the pocket PC -- may be harming the nation’s hearing". The speakers will be Rep. Mike Ferguson (R-NJ), Alex Johnson (ASHA), Brenda Martin (ASHA), Anne Marie Tharpe (Vanderbilt University), Dean Garstecki (Northwestern University), and Brian Fligor (Children's Hospital Boston). Location: First Amendment Room, 13th Floor, National Press Club, 529 14th St., NW.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Wireless Issues / Spectrum Reform". The witnesses will be Catherine Seidel (acting Chief of the FCC's Wireless Telecommunications Bureau), John Kneuer (acting head of the National Telecommunications and Information Administration), JayEtta Hecker (Government Accountability Office), Thomas Walsh (Rural Cellular Association), Kevin Kahn (Intel), David Donovan (Association of Maximum Service Television), Thomas Sugrue (T-Mobile USA), Jeannine Kenney (Consumers Union), Lawrence White (NYU's Stern School of Business). See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. The hearing will be webcast by the SCC. Location: Room 562, Dirksen Building.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "The Patent Office Speaks". The speakers will include John Doll (Commissioner of Patents, U.S. Patent and Trademark Office), Peggy Focarino (Deputy Commissioner for Patent Operations), and Jay Lucas (acting Deputy Commissioner for Patent Examination Policy). Darrell Mottley (Banner & Witcoff) will moderate. The price to attend ranges from $20 - $40. For more information, call 202 626-3463. See, notice. Location: The Westin Embassy Row Hotel, 2100 Massachusetts Ave., NW.

2:00 PM. The House Appropriations Committee's Subcommittee on Science, the Departments of State, Justice, and Commerce, and Related Agencies will hold a hearing. The witness will be Attorney General Alberto Gonzales. Location: Room 2359, Rayburn Building.

2:30 PM. The Senate Commerce Committee will hold a hearing titled "Wall Street's Perspective on Telecommunications". The witnesses will be Aryeh Bourkoff (UBS Investment Research), Kevin Moore (Wachovia Securities), Craig Moffett (U.S. Cable and Satellite Broadcasting), and Luke Szymczak (JP Morgan Asset Management). See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. The hearing will be webcast by the SCC. Location: Room 562, Dirksen Building.

3:00 PM. The Senate Judiciary Committee (SJC) may hold a hearing on pending nominations. The agenda includes consideration of Michael Chagares (to be a Judge of the U.S. Court of Appeals for the 3rd Circuit) and Gray Hampton Miller (U.S.D.C., Southern District of Texas). See, notice. The SJC frequently cancels or postpones hearings without 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.

TIME? The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will hold a meeting. Location: ___.

TIME? The Office of the U.S. Trade Representative (USTR) will hold a hearing on the proposed free trade agreement with the Republic of Korea. The USTR seeks comments on, among other topics, "electronic commerce issues" and "trade-related intellectual property rights issues that should be addressed in the negotiations". See, notice in the Federal Register: February 9, 2006, Vol. 71, No. 27, at Pages 6820-6821. Location: Rooms 1 and 2, 1724 F Street, NW.

Day one of a four day convention hosted by the Consumer Electronics Association (CEA) titled titled "CEA Spring Break". See, notice.

EXTENDED TO MARCH 28. Deadline to submit reply comments to the Federal Communications Commission's (FCC) Notice of Proposed Rulemaking (NPRM) [26 pages in PDF] regarding Section 621(a)(1)'s directive that local franchising authorities (LFAs) not unreasonably refuse to award competitive franchises. The FCC adopted this NPRM on November 3, 2005, and released it on November 18, 2005. It is FCC 05-189 in MB Docket No. 05-311. See, notice in the Federal Register, December 14, 2005, Vol. 70, No. 239, at Pages 73973 - 73980. See also, story titled "FCC Adopts NPRM Regarding Local Franchising of Video Services" in TLJ Daily E-Mail Alert No. 1,247, November 4, 2005. See, FCC notice [MS Word] of extension dated March 7, 2006.

Wednesday, March 15

The will meet at 10:00 AM for legislative business. It may consider HR 1606, the "Online Freedom of Speech Act", subject to a rule. See, Republican Whip Notice.

9:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. See, notice. The SJC frequently cancels or postpones meetings without 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 (or the Mansfield Room, S-207, Capitol Building).

9:00 AM - 12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Committee will host a continuing legal education (CLE) seminar titled "Economic Analysis and FCC Decision Making". The price to attend ranges from $50 to $150. Registrations and cancellations are due by 12:00 NOON on March 10. See, registration form [PDF]. Location: Hogan & Hartson, 555 13th St., NW, 13th floor.

9:30 - 10:30 AM. Hector Ruiz, Ch/CEO of Advanced Micro Devices (AMD), will speak at an event hosted by CDT/CIC. Location: Room 1300, Longworth Building.

10:00 AM. The House Financial Services Committee will meet to mark up several bills, including HR 3997, the "Financial Data Protection Act", and HR 4411, the "Unlawful Internet Gambling Enforcement Act of 2006". Location: Room 2128, Rayburn Building.

10:00 AM. The House Judiciary Committee (HJC) will meet to mark up several items, including a resolution establishing a task force on telecom and antitrust, HR 4742, a bill to allow the Director of the U.S. Patent and Trademark Office (USPTO) to waive statutory provisions governing patents and trademarks in certain emergencies, and HConRes 319, which expresses the sense of the Congress regarding the successful and substantial contributions of the Bayh-Dole Act. See, notice. The meeting 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 - 12:00 NOON. The House Science Committee's Subcommittee on Research will hold a hearing titled "Undergraduate Science, Math and Engineering Education: What's Working?". The witnesses will be Daniel Goroff (Harvey Mudd College), Carl Wieman (University of Colorado at Boulder), John Burris (Beloit College), Elaine Seymour (University of Colorado at Boulder), Margaret Collins (Moraine Valley Community College). Press contact: Joe Pouliot at 202 225-4275. For more information, call Kara Haas at 225-7858, or Jim Wilson at 225-6375 Location: Room 2318, Rayburn Building.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "The Portable Curator -- The Legal and Business Considerations of Providing High-Tech Handheld Devices to Museum Visitors". The speakers will include Jennifer Berry (Acoustiguide), Allison Cohen (attorney), and Bruce Falk (Smithsonian Institution). The price to attend ranges from $10-$15. For more information, call 202 626-3463. See, notice. Location: Johns Hopkins University, Lower Level 7, 1717 Massachusetts Ave., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Professional Responsibility Committee will host a brown bag lunch. The topic will be planning a spring continuing legal education (CLE) seminar. For more information, contact Peter Connolly at 202 862-5989 or Peter dot connolly at hklaw dot com. Location: Holland & Knight, 2099 Pennsylvania Ave.

TIME CHANGE. 1:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Innovation and Competitiveness Legislation". The witnesses will be Craig Barrett (Chairman of Intel), Norman Augustine (Chairman of Lockheed Martin), John Kelly (IBM), Deborah Smith (Council on Competitiveness). Sen. John Ensign (R-NV) will preside. See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. Location: Room 562, Dirksen Building.

3:15 - 4:00 PM. U.S. Trade Representative (USTR) Rob Portman will give a speech to the Consumer Electronics Association's (CEA) Board of Industry Leaders. He will discuss the non-agricultural market access negotiations in the Doha round, and bilateral and regional free trade agreements. For more information, contact Jeff Joseph (CEA) at 703-907-7664 or jjoseph at ce dot org, or Christin Baker (USTR) at 202-395-3230 or Christin_Baker at ustr dot eop dot gov. Location: Ronald Reagan International Trade Center, Atrium Hall,  1300 Pennsylvania Ave, NW.

4:30 PM. The House Rules Committee will meet to adopt a rule for consideration of HR 1606, the "Online Freedom of Speech Act". Location: Room H-313, Capitol Building.

5:00 PM. Deadline to submit applications to the National Telecommunications and Information Administration (NTIA) for Pacific Education and Communications Experiments by Satellite (PEACESAT) program grants. See, notice in the Federal Register, February 13, 2006, Vol. 71, No. 29, at Pages 7539-7541.

The Federal Communications Commission (FCC) will begin Auction No. 64 (Full Power Television Construction Permits). See, notice in the Federal Register, December 28, 2005, Vol. 70, No. 248, at Pages 76836 - 76849.

Day two of a four day convention hosted by the Consumer Electronics Association (CEA) titled titled "CEA Spring Break". This will also be the first day of a two day "Entertainment Technology Summit". And, at 6:30 PM there will be an event titled "Digital Patriots Dinner". Bill Gates will receive an award. See, notice.

Thursday, March 16

The will meet at 10:00 AM for legislative business. It may consider HR 1606, the "Online Freedom of Speech Act", subject to a rule. See, Republican Whip Notice.

9:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The SJC frequently cancels or postpones meetings without 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: Mansfield Room (Room 207), Capitol Building.

9:00 AM - 4:30 PM. The Library of Congress's (LOC) Section 108 Study Group will hold the second of two round table meetings. 17 U.S.C. § 108, titled "Limitations on exclusive rights: Reproduction by libraries and archives", provides exemptions from liability for infringement for libraries and archives. The LOC published a notice in the Federal Register that states that this meeting relates "primarily to eligibility for the section 108 exceptions and copies made for purposes of preservation and replacement". This notice also states that requests to participate in must be received by 5:00 PM EST on February 24. See, Federal Register, February 15, 2006, Vol. 71, No. 31, at Pages 7999-8002. Location: Room 2237, Rayburn Building, Capitol Hill.

9:30 AM. The Senate Finance Committee's (SFC) Subcommittee on International Trade will hold a hearing titled "Cuno and Competitiveness: Where to Draw the Line". The witnesses will be Sen. George Voinovich (R-OH), Peter Enrich (Northeastern University School of Law), Harley Duncan (Federation of Tax Administrators), Walter Hellerstein (University of Georgia School of Law), Peter Fisher (University of Iowa), and James Renzas (Location Management Services). See, SFC notice and opinion of the U.S. Court of Appeals (6thCir) in Cuno v. DaimlerChrysler, 386 F.3d 738. Location: Room 215, Dirksen Building.

9:30 AM. The House Appropriations Committee's Subcommittee on Transportation, Treasury, and Housing and Urban Development, The Judiciary, District of Columbia will hold a hearing on the federal judiciary. The witnesses will be Judge Julia Gibbons (U.S. Court of Appeals for the 6th Circuit) and Leonidas Mecham (Director of the Administrative Office of the U.S. Courts). Location: Room 2358, Rayburn Building.

9:30 AM. Federal Communications Commission (FCC) Commissioner Deborah Tate will hold a news conference. The FCC's notice states that this is a "briefing for members of the media" and that attendees should RSVP to Meribeth McCarrick at 202-418-0654 or Meribeth dot McCarrick at fcc dot gov. Location: FCC, Room 8A204, 445 12th St., SW.

10:00 AM. The House Commerce Committee's Subcommittee on Health will hold a hearing titled "Legislative Proposals to Promote Electronic Health Records and a Smarter Health Information System". See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202 225-5735. Location: Room 2123, Rayburn Building.

10:00 AM. The Anti Phishing Working Group APWG) will host a press conference For more information, contact Barbara Span at 202 296-9805. Location: West Room, National Press Club, 529 14th Street, NW.

12:30 NOON - 2:00 PM. The DC Bar Association will host the first of a series of events titled "Managing and Protecting Digital Data". Part I is titled "Overview: Using Technology to Protect Digital Content and Critical Corporate Data". The speakers will include Hari Reddy (ContentGuard). The price to attend ranges from $10-$30. For more information, call 202 626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

2:00 PM. The House Appropriations Committee's Subcommittee on Science, the Departments of State, Justice, and Commerce, and Related Agencies will hold a hearing on the Securities and Exchange Commission (SEC). Location: Room H-309, Capitol Building.

3:00 PM. The Senate Commerce Committee will meet. The agenda includes markup of S 2389, the "Protecting Consumer Phone Records Act", and consideration of the nominations of Robert McDowell to be a member of the Federal Communications Commission (FCC) and Robert Cresanti to be Undersecretary of Commerce for Technology. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. Location: Room S-128, Capitol Building.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "How to Conduct Trademark Searches". The speaker will be Colette Barkey (Oblon Spivak). 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.

Day three of a four day convention hosted by the Consumer Electronics Association (CEA) titled titled "CEA Spring Break". This will also be the second day of a two day "Entertainment Technology Summit". See, notice.

Friday, March 17

The Republican Whip Notice states that "no votes are expected in the House".

St. Patrick's Day.

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

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in AT&T v. FCC, App. Ct. No. 05-1171. See, brief [51 pages in PDF] of the FCC. Judges Sentelle, Rogers and Griffith will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

Day four of a four day convention hosted by the Consumer Electronics Association (CEA) titled titled "CEA Spring Break". See, notice.

Monday, March 20

2:30 - 4:30 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "Scientific Talent and U.S. Economic Leadership". The speakers will be Richard Freeman (Harvard), Steven Davis (AEI), David Weinstein (Columbia), and Kevin Hassett (AEI). Freeman will discuss his paper titled "Does Globalization of the Scientific/Engineering Workforce Threaten U.S. Economic Leadership?". See, notice. For more information, contact Chris Pope at cpope at aei dot org or Veronique Rodman (reporters) at vrodman at aei dot org.  (This event had previously been scheduled for January 13, 2006.) Location: 12th floor, 1150 17th St., NW.

The House will not meet on Monday, March 20, through Friday, March 24. The Majority Whip's calendar identifies this as a "St. Patrick's Day District Work Period".

Day one of a two day conference hosted by the National Institute of Standards and Technology (NIST) and the Federal Information Systems Security Educators' Association (FISSEA) titled "FISSEA Conference: Training for a Cyber-Secure Future". See, notice. Location: Bethesda North Marriott Hotel and Conference Center, 5701 Marinelli Road, North Bethesda, MD.

Tuesday, March 21

The Supreme Court will hear oral argument in Laboratory Corp. v. Metabolite Laboratories, Sup. Ct. No. 04-607. See, Supreme Court calendar [PDF], Supreme Court docket, June 8, 2004, opinion [PDF] of the Court of Appeals (FedCir), and story titled "Supreme Court Grants Certiorari in LabCorp v. Metabolite" in TLJ Daily E-Mail Alert No. 1,244, November 1, 2005. Arguments begin at 10:00 AM. This case is second on the schedule.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Complx Covad Comm Co v. FCC, App. Ct. No. 05-1095. Judges Ginsburg, Sentelle and Griffith will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

Day two of a two day conference hosted by the National Institute of Standards and Technology (NIST) and the Federal Information Systems Security Educators' Association (FISSEA) titled "FISSEA Conference: Training for a Cyber-Secure Future". See, notice. Location: Bethesda North Marriott Hotel and Conference Center, 5701 Marinelli Road, North Bethesda, MD.

Day one of a four day event hosted by the National Institute of Standards and Technology's (NIST) Optical Technology Division titled "Spectroradiometry Short Course". See, notice. Location: 100 Bureau Drive, Gaithersburg, MD.