9/12. The House Judiciary Committee (HJC) announced that its markup session on Wednesday, September 13, will include HR 6052 [100 pages in PDF], to be offered by Rep. Lamar Smith (R-TX), the Chairman of the HJC's Subcommittee on Courts, the Internet, and Intellectual Property (CIIP), titled "Copyright Modernization Act of 2006".

Rep. Smith's (at right) bill contains revised versions of both HR 5553 [57 pages in PDF], the "Section 115 Reform Act of 2006", or SIRA, and HR 5439 [PDF], the "Orphan Works Act of 2006". Rep. Smith is the sponsor of both HR 5553 and HR 5439. (TLJ obtained the above hyperlinked copy from Rep. Smith's office.)

The CIIP Subcommittee approved the SIRA on June 8, 2006. The bill would revise 17 U.S.C. § 115 to provide digital music providers, such as Apple's iTunes, a blanket compulsory license for digital phonorecord deliveries and hybrid offerings. This bill comprises pages 2 through 86 of Rep. Smith's composite bill.

See also, story titled "CIIP Subcommittee Approves Section 115 Reform Act" in TLJ Daily E-Mail Alert No. 1,388, June 9, 2006.

The CIIP Subcommittee approved the orphan works bill on May 24, 2006. This bill would amend the Copyright Act by adding a new Section 514 titled "Limitation on remedies in cases involving orphan works". This bill comprises pages 86 through 96 of Rep. Smith's composite bill.

See also, story titled "House CIIP Subcommittee Approves Orphan Works Act of 2006" in TLJ Daily E-Mail Alert No. 1,378, May 25, 2006. See also, story titled "Rep. Smith Introduces Orphan Works Act of 2006" in TLJ Daily E-Mail Alert No. 1,377, May 24, 2006.

The bill would limit the remedies available to copyright owners in actions for infringement brought under Sections 502-505, where the infringer, before infringing, "performed and documented a reasonably diligent search in good faith to identify and locate the owner of the infringed copyright", but "was unable to locate the owner". The latest version of this bill contains numerous changes, including in the above quoted language (the words "identify and" are added).

This bill is based upon recommendations contained in the Copyright Office's (CO) report [133 pages in PDF] titled "Report on Orphan Works". See also, story titled "House CIIP Subcommittee Holds Hearing on Orphan Works" in TLJ Daily E-Mail Alert No. 1,326, March 9, 2006, and story titled "Copyright Office Recommends Orphan Works Legislation" in TLJ Daily E-Mail Alert No. 1,302, February 2, 2006.

Rep. Smith's bill is on the agenda for the Wednesday markup. However, it is listed fifth on the agenda. The HJC may not complete mark up of all of the bills on this agenda. Also, there are two HJC hearings scheduled for Thursday, September 14. Hence, a two day markup is unlikely. This copyright bill may not be marked up on Wednesday.

The orphan works bill and the SIRA both relate to copyright law. Beyond that, they have little in common.

The bill also contains, at pages 96-100, three more unrelated amendments to the Copyright Act. First, the bill would amend 17 U.S.C. § 411 regarding the effect of errors in copyright registrations. Second, the bill would amend the statutory damages language codified at 17 U.S.C. § 504(c)(1). Third, the bill addresses forensic resources for law enforcement agencies investigating intellectual property crimes.

9/11. Leaders of the House Commerce Committee (HCC) and its Subcommittee on Oversight and Investigations wrote a letter to Patricia Dunn, the current Chairman of the Board of Hewlett Packard (HP) requesting records regarding the use of pretexting to fraudulently obtain confidential  personal information.

The letter recounts that on September 6, 2006, HP filed a Form 8-K with the Securities and Exchange Commission (SEC) in which it disclosed that HP had spied on its directors and others. It stated that it employed investigators who engaged in pretexting to fraudulently obtain the phone call records of directors.

The HCC leaders wrote that "The Committee is troubled by this information, particularly given that it involves HP -- one of America's corporate icons -- using pretexting and data brokers to procure the personal telephone records of the members of its Board of Directors and of other individuals without their knowledge or consent. Accordingly, we request that, pursuant to Rules X and XI of the U.S. House of Representatives, you provide the following records and information detailed below on or before Monday, September 18, 2006."

See, House Rule X, titled "Organization of Committees", and House Rule XI, titled "Procedures of Committees and Unfinished Business".

The letter was signed by Rep. Joe Barton (R-TX), the Chairman of the HCC, Rep. John Dingell (D-MI), the ranking Democrat on the HCC, Rep. Ed Whitfield (R-KY), Chairman of the HCC's Subcommittee on Oversight and Investigations, and Rep. Bart Stupak (D-MI), the ranking Democrat on the Subcommittee.

Rep. Whitfield (at right), and the others, asked HP to disclose the name of the outside investigative firm hired by HP, which HP referenced in its Form 8-K. They also asked for all associated contracts, letters of engagement, and investigative plans. They also asked for the names of all of the individuals engaged in the pretexting activities.

They also asked for "A list of all individuals or entities that were targets or subjects, or designated as targets or subjects" of HP's investigation. They also requested "A list of all individuals or entities whose telephone records or other personal consumer information were procured or attempted to be procured by the outside consulting firm or by any other party during the period January 1, 2005, to the present." Also, they requested "A list of all individuals whose telephone records or other personal consumer information were procured" since January 1, 2005, and "For each individual, describe the types of records that were procured."

These questions regarding the targets of HP's spying may prove significant. HP's vaguely worked Form 8-K makes clear that pretexting was used to obtain phone records, and that members of the Board of Directors were objects of the investigation. However, this Form 8-K is conspicuous for its lack of specificity regarding the scope of the investigation. It does not state whether or not other individuals' personal information was sought, such as those of any HP employees, or of reporters who write about HP. Nor does the Form 8-K identify whether or not pretexting was used to fraudulently obtain records other than phone records, such as banking and financial records.

The HCC letter also asked for certain records related to HP's outside counsel, Wilson Sonsini.

Finally, the HCC letter included a broader request for documents, to be answered by September 25, 2006. It requests "All records", including communications with investigator and outside counsel, related to HP's investigation. It adds, "Please do not provide any copies of the actual telephone records or any other records procured."

HP and/or the law firm of Wilson Sonsini may assert the attorney client privilege in an effort to avoid producing certain records.

See also, story titled "HP Admits Spying on its Directors via Pretexting to Obtain Confidential Home Phone Records" in TLJ Daily E-Mail Alert No. 1,443, September 6, 2006; story titled "Thomas Perkins' States That HP's Pretexting Practices Were Probable Unlawful Conduct" in TLJ Daily E-Mail Alert No. 1,444, September 7, 2006; and story titled "HP Board Continues to Meet" in TLJ Daily E-Mail Alert No. 1,446, September 11, 2006.

9/12. Hewlett Packard announced in a release that "Patricia Dunn will remain as chairman through the company's Jan. 18, 2007, board meeting. Mark Hurd, the company’s chief executive officer and president, will succeed her and retain his existing positions. Dunn will continue to serve as a director."

HP's release discloses no new details about the scope of Dunn's or HP's efforts to obtain the confidential personal information of HP's directors or others.

HP's release also contains several quotations from Dunn, none of which express any remorse for her actions.

She said that "I am very proud of the progress HP has made over the past 18 months. During the remainder of my tenure as chairman, I look forward to completing the transition that is underway, including expanding the board, continuing to improve our corporate governance standards and bringing the current issues to resolution."

She asserted that "HP holds itself to the highest standards of business conduct".

She also said that "The company will work to put these matters behind us". Whether state and federal regulators and prosecutors will allow Dunn to "put these matters behind us" is another matter. See, related story in this issue titled "House Commerce Committee Requests Records From HP Regarding Its Use of Pretexting to Obtain Confidential Records".

Also, Federal Communications Commission (FCC) Chairman Kevin Martin spoke with reporters outside of the Senate Commerce Committee's (SCC) hearing room, following a hearing on his renomination to the FCC on September 12. He was asked questions regarding, but declined to comment on, the FCC's investigation.

Dunn did state that "Unfortunately, the investigation, which was conducted with third parties, included certain inappropriate techniques. These went beyond what we understood them to be, and I apologize that they were employed." However, she did not apologize to any of the persons whose personal information was fraudulently obtained.

HP also announced in this release that "Richard Hackborn, who has served on the board since 1992, has been designated lead independent director, effective in January. In addition to having been chairman of the company in 2000, he spent 33 years as an HP employee, concluding his career in 1993 as head of the PC and personal information product business."

9/7. Sen. Mike DeWine (R-OH) introduced S 3874, the "Terrorist Surveillance Act of 2006".

9/7. Sen. Arlen Specter (R-PA) introduced S 3876, the "National Security Surveillance Act of 2006".

9/7. Sen. Diane Feinstein (D-CA) introduced S 3877, the "Foreign Intelligence Surveillance Improvement and Enhancement Act of 2006''.

9/6. Sen. Tom Carper (D-DE) and Sen. George Voinovich (R-OH) introduced S 3846, the "Federal Employees Electronic Personal Health Records Act of 2006".

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

The Senate will meet at 9:45 AM. It will resume consideration of HR 4954, the port security bill.

9:00 AM. The President's Council of Advisors on Science and Technology (PCAST) will hold a rare public meeting. The agenda includes a discussion of "the PCAST review of the Federal Networking and Information Technology Research and Development (NITRD) Program" and a "presentation on ethical and societal issues related to emerging technology capabilities". See, notice in the Federal Register, August 29, 2006, Vol. 71, No. 167, at Pages 51193-51194. Location: George Washington University, Continental Ballroom, Marvin Center Building, 800 21st St., NW.

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 public meeting. The agenda includes discussion of encryption, the Wassenaar Statement of Understanding on Military End-uses, and other topics. See, notice in the Federal Register, August 30, 2006, Vol. 71, No. 168, at Page 51573. Location: Room 4830, Herbert Hoover Building, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "The Thompson Memorandum’s Effect on the Right to Counsel in Corporate Investigations". See, notice. The scheduled witnesses are Paul McNulty (Deputy Attorney General), Edwin Meese (Heritage Foundation), Thomas Donohue (P/CEO of the U.S. Chamber of Commerce), Karen Mathis (President of the American Bar Association), Andrew Weissmann (Jenner & Block), Mark Sheppard (Sprague & Sprague). The SJC frequently cancels or postpones hearings without notice. Press contact: Courtney Boone at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-5225. Location: Room 226, Dirksen Building.

9:30 AM - 12:00 NOON. The Federal Trade Commission (FTC) and the Department of Justice's (DOJ) Antitrust Division will hold another in their ongoing series of joint hearings on single firm conduct. This hearing will address "International Enforcement Perspectives". The speakers will be Philip Lowe (European Commission), Hideo Nakajima (Japan Fair Trade Commission), Eduardo Pérez Motta (Mexican Federal Competition Commission), and Sheridan Scott (Canadian Competition Bureau). See, FTC release. Location: FTC, Satellite Building, Conference Room C, 601 New Jersey Ave., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Nuvio Corp v. FCC, App. Ct. No. 05-1248. Judges Ginsburg, Griffith and Kavanaugh will preside. Location: 333 Constitution Ave., NW.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing on the re-nomination of Kevin Martin to be a Commission of the Federal Communications Commission (FCC), and John Kneuer to be Administrator of the National Telecommunications and Information Administration (NTIA). See, notice. Press contact: Press contact: Joe Brenckle (Stevens) at 202-224-3991, Brian Eaton (Stevens) 202-224-0445, or Terri Rucker (Inouye) at 202-224-4546 or Terri_Rucker at commerce dot senate dot gov. Location: Room 253, Russell Building.

1:00 - 3:00 PM. The AEI Brookings Joint Center for Regulatory Studies will host a discussion of the book titled "Infotopia: How Many Minds Produce Knowledge" [Amazon], by Cass Sunstein (University of Chicago). The speakers will be Sunstein, Robert Hahn ( AEI Brookings Joint Center for Regulatory Studies), Tyler Cowen (George Mason University), and Robert Hanson (GMU). See, notice. Location: American Enterprise Institute, 12th floor, 1150 17th St., NW.

1:30 PM - 4:00 PM. The Federal Trade Commission (FTC) and the Department of Justice's (DOJ) Antitrust Division will hold another in their ongoing series of joint hearings on single firm conduct. This hearing will address "Practitioner and Academic Perspectives". The speakers will be George Addy (Davies Ward Phillips & Vineberg), Margaret Bloom (Freshfields Bruckhaus Deringer), Paul Lugard (Royal Philips Electronics), and James Rill (Howrey). See, FTC release. Location: FTC, Satellite Building, Conference Room C, 601 New Jersey Ave., NW.

2:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on judicial nominees. See, notice. The SJC frequently cancels or postpones hearings without notice. Press contact: Courtney Boone at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-5225. Location: Room 226, Dirksen Building.

4:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism and Homeland Security will hold a hearing on HR 5825, the "Electronic Surveillance Modernization Act". See, notice. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "How to Litigate Patent Infringement Case". The speakers will include Patrick Coyne and Jerry Ivey (both of Finnegan Henderson). The price to attend ranges from $80-$135. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

The House will meet at 10:00 AM for legislative business. It is scheduled to consider several non-technology related items. See, Republican Whip Notice.

9:30 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. See, notice. The SJC frequently cancels or postpones meetings without notice. The agenda includes consideration of S 2453, the "National Security Surveillance Act of 2006", S 2455, the "Terrorist Surveillance Act of 2006", S 2468, a bill to provide standing for civil actions for declaratory and injunctive relief to persons who refrain from electronic communications through fear of being subject to warrantless electronic surveillance for foreign intelligence purposes, S 3001, the "Foreign Intelligence Surveillance Improvement and Enhancement Act of 2006". The SJC rarely follows its published agenda. These bills have been listed on many previous meeting agendas. Press contact: Courtney Boone at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-5225. Location: Room 226, Dirksen Building.

10:00 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled "CyberSecurity: Protecting America's Critical Infrastructure, Economy, and Consumers". The witnesses will be David Powner (GAO), George Foresman (Department of Homeland Security), Kenneth Moran (Director of the FCC's Office of Homeland Security), Vincent Weafer (Symantec), Paul Kurtz (Cyber Security Industry Alliance), and Ty Sagalow (AIG Product Development, on behalf of: Internet Security Alliance). See, notice. Press contact: Larry Neal (Barton) at 202-225-5735, Terry Lane (Barton) at 202-225-5735, or Sean Bonyun (Upton) at 202-225-3761. Location: Room 2123, Rayburn Building.

10:00 AM - 12:00 NOON. The House Science Committee will hold a hearing titled "How Can Technologies Help Secure Our Borders?" Location: Room 2318 Rayburn Building.

11:00 AM. Secretary of the Treasury Henry Paulson will give a speech titled "Remarks on the International Economy". The Department the Treasury's notice states that "Media without Treasury press credentials should contact Frances Anderson at (202) 622-2960 or" Frances dot Anderson at do dot treas dot gov "with the following information: full name, Social Security number, and date of birth. Please submit this information by Tuesday, September 12". Location: Treasury Department, Cash Room, 1500 Pennsylvania Ave., NW.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Diversity Committee will host a brown bag lunch. This will serve as the Committee organizational meeting. For more information, contact Russell Frisby at rfrisby at fw-law dot com or 202-939-7900. Location: Fleischman & Walsh, 6th Floor, 1919 Pennsylvania Ave., NW.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host a brown bag lunch to discuss upcoming activities. For more information contact Deborah Wiggins at dwiggins at g2w2 dot com. Location: Goldberg Godles Wiener & Wright, 1229 19th St., NW.

3:30 PM. The House Homeland Security Committee's Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment  will hold a hearing titled "The Homeland Security Information Network". See, notice [PDF]. Location: Room 2212, Rayburn Building.

2:30 - 4:15 PM. The Broadcasting Board of Governors (BBG) will hold a closed meeting. The BBG announced that it will discuss "sensitive foreign policy issues relating to potential options in the U.S. international broadcasting field". See, notice in the Federal Register, September 11, 2006, Vol. 71, No. 175, at Page 53363. Location: Cohen Building, Room 3321, 330 Independence Ave., SW.

3:30 PM. The House Homeland Security Committee's Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity will hold a hearing titled "The Future of Cyber and Telecommunications Security at the Department of Homeland Security". The witnesses will be David Powner (GAO), George Foresman (Department of Homeland Security), Paul Kurtz (Cyber Security Industry Alliance), William Pelgrin (New York State Office of Cyber Security and Critical Infrastructure), Guy Copeland (Information Technology Sector Coordinating Council), and David Barron (Telecommunications Sector Coordinating Council). See, notice [PDF]. Location: Room 2212, Rayburn Building.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Political Broadcasting 202". The speakers will include Hans von Spakovsky (Commissioner of the Federal Election Commission), Robert Baker (FCC's Media Bureau), Hope Cooper (FCC's Media Bureau), Ann Bobeck (National Association of Broadcasters, invited), and David O'Connor (Holland & Knight). The price to attend ranges from $50-$125. See, registration form [PDF]. Location: Lower Level Conference Room, Holland & Knight, 2099 Pennsylvania Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the competitive bidding procedures for Auction No. 68, which is scheduled to begin on January 10, 2007. The FCC will auction nine construction permits in the FM broadcast service. See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Pages 51822-51827.

The House will meet at 10:00 AM for legislative business. It is scheduled to consider several non-technology related items. See, Republican Whip Notice.

8:15 AM - 3:00 PM. National Institute of Standards and Technology's (NIST) Judges Panel of the Malcolm Baldrige National Quality Award will hold a closed meeting. See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Page 51803. Location: Administration Building, Lecture Room D, Gaithersburg, MD.

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 "Computer Security Division Update", "Overview of the Privacy & Civil Liberties Oversight Board Activities", "Data Security Breaches", "Privacy Technology Project Discussion", "Safeguarding Personal Information", "Update Status of Security and Privacy Legislation", and "HSPD-12 Status Briefing". See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Pages 51802-51803. Location: George Washington University, Cafritz Conference Center, Room 101, 800 21st St., NW.

9:30 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. See, notice. The SJC frequently cancels or postpones meetings without notice. The SJC rarely follows its published agenda. Press contact: Courtney Boone at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-5225. Location: Room 226, Dirksen Building.

RESCHEDULED FOR SEPTEMBER 26. 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).

10:00 AM. The Center for Democracy and Technology (CDT) will host an event titled "CDT Press Breakfast". The CDT will release its "Internet Watch List", which includes a "collection of bills that threaten the bedrock of Internet privacy and civil liberties". RSVP to David McGuire at 202-637-9800 x106. Location: CDT, 11th Floor conference room, 1634 Eye St., NW.

11:30 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing HR 5120, a bill to amend 35 U.S.C. § 156 regarding the filing of applications for extensions of patent terms with the U.S. Patent and Trademark Office (USPTO). See, notice. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

12:30 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch to discuss the committee's program for the upcoming year. RSVP to Neil Dellar at neil dot dellar at fcc dot gov or 202-418-8214. Location: FCC, 8th Floor, South Conference Room.

12:30 PM. Network Solutions will host an event titled "press lunch", to discuss the ICANN's "upcoming decisions in regard to the future of the .com domain registry operation, particularly in regard to security concerns over the proposed .com agreement". The speakers will include Jerry Archer and Jonathon Nevett. RSVP by Wednesday, September 13, to Mary Greczyn at 202-371-2997 or mg at ftidc dot com. Location: Freedom Technologies, 1317 F Street NW, Fourth Floor.

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet by conference call "to prepare advice on proposed U.S. contributions to Study Group 9 (Integrated broadband cable networks and television and sound transmission) of the International Telecommunication Union's Telecommunication Standardization Sector". See, notice in the Federal Register, August 28, 2006, Vol. 71, No. 166, at Page 50965. For more information, contact minardje at state dot gov or 202-647-3234.

Deadline to submit comments to the Securities and Exchange Commission (SEC) on its proposal to further extend for smaller public companies the dates for compliance with the internal control requirements mandated by Section 404 of the Sarbanes Oxley Act of 2002. See, notice in the Federal Register, August 15, 2006, Vol. 71, No. 157, at Pages 47060-47071.

Deadline to written requests to testify at the Office of the U.S. Trade Representative's (OUSTR) hearing on its preparation of its annual report to the Congress on China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, July 28, 2006, Vol. 71, No. 145, at Pages 42886-42887. The notice states that the deadline to submit written requests to testify is "Wednesday, September 14". A OUSTR representative stated to TLJ that this should have stated "Thursday, September 14".

Day one of a two day closed meeting of the Library of Congress's (LOC) Section 108 Study Group. This meeting will address "Copies made at the request of patrons/interlibrary loan" and "Licenses and contracts". This meeting is closed to the public. See also, 17 U.S.C. § 108. Location: undisclosed.

The Republican Whip Notice states that the House will meet at 9:00 AM for legislative business.

8:30 AM - 4:00 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 "Computer Security Division Update", "Overview of the Privacy & Civil Liberties Oversight Board Activities", "Data Security Breaches", "Privacy Technology Project Discussion", "Safeguarding Personal Information", "Update Status of Security and Privacy Legislation", and "HSPD-12 Status Briefing". See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Pages 51802-51803. Location: George Washington University, Cafritz Conference Center, Room 101, 800 21st St., NW.

9:30 AM. The House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Contact Lens Sales: Is Market Regulation the Prescription?". See, notice. Press contact: Larry Neal (Barton) at 202-225-5735, or Paul Flusche (Stearns) at 202-225-5744. Location: Room 2322, Rayburn Building.

12:00 NOON - 2:00 PM. The DC Bar Association and The Copyright Society of the U.S.A. will host an event titled "The Copyright Office Speaks". The speaker will be Marybeth Peters, Register of Copyrights. The price to attend ranges from $25-$40. For more information, call 202-626-3463. See, notice. Location: City Club of Washington (Columbia Square building concourse level), 555 13th St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Continuing Legal Education Committee will host its organizational brown bag lunch. RSVP to Joshua Turner at jturner at wrf dot com. Location: Wiley Rein & Fielding, 1776 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) for its 2006 biennial review of telecommunications regulations. See, FCC notice [10 pages in PDF] and notice in the Federal Register, August 23, 2006, Vol. 71, No. 163, at Pages 49400-49401. This is CG Docket No. 06-152, EB Docket No. 06-153, IB Docket No. 06-154, ET Docket No. 06-155, WT Docket No. 06-156, WC Docket No. 06-157, and FCC 06-115.

5:00 PM. Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding its Special 301 review of the nations of Indonesia and Chile. The Trade Act of 1974 requires the USTR to identify 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, August 23, 2006, Vol. 71, No. 163, at Pages 49491-49492.

Day two of a two day closed meeting of the Library of Congress's (LOC) Section 108 Study Group. This meeting will address "Copies made at the request of patrons/interlibrary loan" and "Licenses and contracts". This meeting is closed to the public. See also, 17 U.S.C. § 108. Location: undisclosed.

TIME? The Center for Democracy and Technology (CDT) will host an event titled "Content Ratings for the Web? Legislating a "Sexually Explicit" Label for Web Sites". The speakers will be Stephen Balkam (Internet Content Rating Association), Rachel Brand (Assistant Attorney General in charge of the Office of Legal Policy), and Leslie Harris (CDT). See, notice. Location: __.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Robert Kaplan v. T Mobile USA, App. Ct. No. 05-7165. Judges Randolph, Tatel and Williams will preside. Location: 333 Constitution Ave., NW.

Day one of a two day conference titled "National Security Automation Conference and Workshop", hosted by the National Institute of Standards and Technology (NIST), Department of Homeland Security (DHS), National Security Agency (NSA), and Defense Information Security Agency (DISA). The subject of this conference is the measurement of the security of information technology systems. See, NIST notice and conference web site. Location: NIST, Gaithersburg, MD.

Deadline set by the House Committee Committee (HCC) for Hewlett Packard to respond to its request for records regarding pretexting. See, story titled "House Commerce Committee Requests Records From HP Regarding Its Use of Pretexting to Obtain Confidential Records" in TLJ Daily E-Mail Alert No. 1,447, September 12, 2006.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing its annual report to the Congress on China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, July 28, 2006, Vol. 71, No. 145, at Pages 42886-42887.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the competitive bidding procedures for Auction No. 69, which is scheduled to begin on February 7, 2007. In this auction, the FCC will offer two 3-megahertz blocks, each consisting of a pair of 1.5 megahertz segments in the 1392-1395 MHz and 1432-1435 MHz bands, in each of six Economic Area Groupings (EAGs). The FCC will also offer one 2-megahertz block of unpaired spectrum in the 1390-1392 MHz band in each of 52 Major Economic Areas (MEAs). See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Pages 51817-51822.

12:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Committee will host a brown bag lunch titled "Meet the FCC Wireline Legal Advisors". The FCBA has invited all of the FCC's wireline legal advisors. RSVP to Myra Creeks at Myra dot Creeks at att dot com. Location: Wiley Rein & Fielding, 1776 K St., NW.

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

Day two of a two day conference titled "National Security Automation Conference and Workshop", hosted by the National Institute of Standards and Technology (NIST), Department of Homeland Security (DHS), National Security Agency (NSA), and Defense Information Security Agency (DISA). The subject of this conference is the measurement of the security of information technology systems. See, NIST notice and conference web site. Location: NIST, Gaithersburg, MD.