9/13. The House Judiciary Committee (HJC) held a meeting to mark up bills. HR 6052 [100 pages in PDF], the "Copyright Modernization Act of 2006", was on the agenda. However, the HJC did not take up this bill.

This bill includes a revised and expanded version of HR 5553 [57 pages in PDF], the "Section 115 Reform Act of 2006", or SIRA, and a revised version of HR 5439 [PDF], the "Orphan Works Act of 2006", and several other provisions. See also, story titled "Rep. Smith Combines Orphan Works Bill, SIRA, and Other Copyright Act Amendments" in TLJ Daily E-Mail Alert No. 1,447, September 12, 2006.

Rep. James Sensenbrenner (R-WI) presided at the meeting. He did not explain why the HJC did not take up HR 6052.

Rep. Lamar Smith (R-TX), the Chairman of the HJC's Subcommittee on Courts, the Internet, and Intellectual Property (CIIP), is the sponsor of HR 6052, HR 5553 and HR 5439. He spoke with reporters after the meeting. He said that he hopes that the HJC will take up the bill at a mark up next week.

He stated that "I am determined that we mark it up this year, and I have the Chairman's agreement to that, and this just gives us another week to work on it."

He added that "I think we are going to make progress in September, and we will make additional progress in a lame duck session."

"There are I think relatively few minor issues that are still being discussed, and if we can make progress on them, we will, and if we can't, we are going to go forward", said Rep. Smith. When asked if the issues are with the SIRA or orphan works sections of the bill said "I don't want to point to any specific issue."

He concluded "There are still discussions going on on several issues, that I expect to be resolved. We are going to go forward the next time whether they are resolved or not."

9/12. The Senate Commerce Committee (SCC) held a hearing on the re-nomination of Kevin Martin to be a Commissioner of the Federal Communications Commission (FCC), and John Kneuer to be Administrator of the National Telecommunications and Information Administration (NTIA).

Most of the Senators' comments and questions were directed at Martin and the FCC, and pertained to media concentration, universal service, network neutrality, and the SCC's communications reform bill. See stories regarding the mark up in TLJ Daily E-Mail Alert No. 1,404, July 5, 2006.

On the subject of network neutrality, supporters of the language contained in the bill, and the FCC's August 2005 policy statement [3 pages in PDF] on network neutrality, asked Martin questions to illicit facts in support of their position. Democratic supporters of a hard network neutrality mandate railed against the lack of a hard network neutrality mandate. The arguments on both sides were redundant of the debate during the mark up of the SCC bill.

Sen. Ten Stevens (R-AK) (at right), the Chairman of the SCC, commented that network neutrality is "the subject that is holding up the communications bill, and may well lead to its defeat".

He asked questions related to network neutrality. Martin said that there has been only one instance of abuse that has been brought to the FCC's attention, and that the FCC took action. Martin also said that the FCC has "ancillary authority" under Title I and the Brand X opinion to take action against broadband service providers.

Sen. Stevens also discussed and asked questions about universal service. He criticized the reverse auction methodology. He said that small carriers in small communities may be replaced by national wireless carriers.

Sen. Jim DeMint (R-SC) used his time to discuss emergency alert systems, to oppose a hard net neutrality mandate, and to ask about multicast must-carry requirements. He argued that this is not the time to impose a multicast must-carry mandate. He also asked whether the FCC will bring up the issue for a vote. Martin responded that there are no current plans to do so.

Sen. John Sununu (R-NH) asked Martin whether he supports a tax on internet access. Martin said no. Sen. Sununu asked Martin if Google Video and YouTube should be regulated by the FCC. Martin said no.

Sen. Sununu also criticized the FCC's order regarding taxation of VOIP services to support the FCC's universal service subsidy programs. He said that it is arbitrary for the FCC to determine that 65% of VOIP revenues are subject to USF contributions, while only 37% of wireless revenues are subject to USF contributions. Sen. Sununu said that this defies common sense.

Martin defended that FCC's order [151 pages in PDF] that imposed this rate. See also, story titled "FCC to Tax Interconnected VOIP Service Providers" in TLJ Daily E-Mail Alert No. 1,397, June 22, 2006, and story titled "FCC Releases Order and NPRM Regarding VOIP and Universal Service Taxes" in TLJ Daily E-Mail Alert No. 1,403, June 30, 2006.

Both Sen. Barbara Boxer (D-CA) and Sen. Byron Dorgan (D-ND) used their time to condemn media concentration, and advocate net neutrality.

Sen. Boxer also asked Martin what the FCC will do with respect to the National Security Agency (NSA) and phone records. Martin said that the issue of the application of the state secrets doctrine has not yet been resolved by the courts, and hence, he does not know whether the FCC could proceed at this time.

Sen. Mark Pryor (D-AR) asked question about internet indecency, video franchising, and net neutrality.

Sen. Conrad Burns (R-MT) discussed 911/E911 in rural areas. He also stated that he had questions for Kneuer regarding the ICANN, but that he would ask him to respond to written questions.

Martin's Prepared Testimony. Martin read prepared testimony [PDF]. He articulated a broad and vague philosophy for FCC regulation, while stating little about specific proceedings or legislative proposals.

Martin (at right) said that "If reconfirmed, I would continue to make decisions based on a fundamental belief that a robust, competitive marketplace, not regulation, is ultimately the greatest protector of the public interest. Competition is the best method of delivering the benefits of choice, innovation, and affordability to American consumers. Competition drives prices down and spurs providers to improve service and create new products."

He continued that "Government, however, still has an important role to play. The Commission should focus on creating a regulatory environment that promotes investment and competition, setting the rules of the road so that players can compete on a level playing field. For example, high speed Internet access offered by a phone company should be treated the same way as high speed Internet access offered by a cable operator."

He added that "Government also must act when necessary to achieve broader social goals. Thus, while I support eliminating economic regulations, I recognize that there are issues that the marketplace alone might not fully address. For instance, government should ensure that people with disabilities have access to communications in the same manner as all Americans, that people in rural areas, schools and libraries have access to affordable, current technology, and that the communications needs of the public safety community are met."

Prospects for Confirmation of Martin and Kneuer. Kneuer is the acting head of the NTIA. His predecessor, Mike Gallagher, functioned for a long time as an acting head also. Confirmation of Kneuer would be more honorary than substantive.

Martin's current fixed five year term as a Commissioner expired on June 30, but by statute he can serve until the Congress recesses at the end of 2007.

Bush announced his first nomination of Martin on April 6, 2001. He formally nominated him on April 30, 2001. The Senate confirmed him on May 26, 2001. The term of this five year appointment was July 1, 2001 through June 30, 2006.

Bush designated him Chairman on March 18, 2005. He replaced Michael Powell.

Bush nominated Martin on April 25, 2006, for an additional five year term beginning on July 1, 2006, and expiring on June 30, 2011.

While Martin's current term nominally ended on June 30, 2006, he remains a member of the FCC by operation of 47 U.S.C. § 154(c). It provides that "commissioners shall be appointed for terms of five years and until their successors are appointed and have been confirmed and taken the oath of office, except that they shall not continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office; except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he succeeds. No vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission."

Thus, Martin can continue until the Congress recesses at the end of 2007. And of course, in the event that the Senate does not confirm him for a second term by then, President Bush could give then give him a recess appointment.

Thus, Martin has no immediate need to win confirmation from the Senate. (Only the Senate votes on confirmations.)

There was one feature of the September 12 hearing that distinguished it from other confirmation hearings of Senate committees. Senators often express their support for the nominee, and sometimes their opposition, at these hearings. Few Senators expressed how they intended to vote on either Martin or Kneuer, either in Committee, on in the full Senate.

HP and Pretexting. Martin spoke with reporters after the hearing. He was asked about the FCC's investigation of Hewlett Packard (HP) and its pretexting to obtain confidential phone call records from AT&T. He said that "We have sent out basic letters, but I can't really talk any further about our investigation."

He added that the FCC sent out letters of inquiry to AT&T. However, he declined to answer a question about whether AT&T is being investigated.

He was also asked whether the FCC has enough enforcement authority. Martin said that "When I actually testified before the Congress earlier this year, I said that I thought that some of the legislative proposals, like, potentially making it even illegal to just sell telephone numbers, you sell telephone information, would be helpful. We can get copies of that testimony, but I continue to think that we could have some additional tools, but we will take whatever steps we can with the tools that we have. But, I think additional tools would be helpful."

See, prepared testimony [10 pages in PDF] of Kevin Martin before a hearing of the House Commerce Committee on February 1, 2006.

He wrote then that "I recommend that the Commission's enforcement tools be strengthened. For example, the need to issue citations to non-licensees before taking any other type of action sometimes hinders us in our investigations, and allows targets to disappear before we are in a position to take action against them. Eliminating the citation requirement in section 503(b) of the Act would enable more streamlined enforcement."

He also recommended that "raising maximum forfeiture penalties, currently prescribed by statute, would assist the Commission in taking effective enforcement action, as well as act as a deterrent to companies who otherwise view our current forfeiture amounts simply as costs of doing business."

He also stated that "the one-year statute of limitations in section 503 of the Communications Act for bringing action has been a source of difficulty at times. In particular, when the violation is not immediately apparent, or when the Commission undertakes a complicated investigation, we often run up against the statute of limitations and must compromise our investigation, or begin losing violations for which we can take action."

He also said that "I believe that Congress could specifically make illegal the commercial availability of consumers' phone records. Thus, if any entity is found to be selling this information for a fee, regardless of how it obtained such information, it would face liability.

He also said that "Congress could overturn the ruling of a federal court that limited the Commission’s ability to implement more stringent protection of consumer phone record information. Specifically, when the Commission first implemented section 222, it required carriers to obtain express written, oral, or electronic consent from their customers, i.e., an ``opt-in´´ requirement before a carrier could use any customer phone records to market services outside the customer’s existing service relationship with that carrier. The Commission held that this ``opt-in´´ requirement provided consumers with the most meaningful privacy protection. In August of 1999, the 10th Circuit struck down these rules finding that they violated the First and Fifth Amendments of the Constitution."

See, August 18, 1999, opinion of the U.S. Court of Appeals (10thCir) in US West v. FCC, App. Ct. No. 98-9518

Martin added that "This ruling has resulted in a much broader dissemination of consumer phone records and thereby may have contributed to the proliferation of the unlawful practices of data brokers that we are seeing today."

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Notices & Disclaimers
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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.

The Senate will meet at 9:30 AM. It will resume consideration of HR 4954, the port security bill.

8:30 AM - 2:30 PM. The George Mason University School of Law will host a symposium titled "Managing Antitrust Issues in a Global Marketplace". At 8:45 AM, Neelie Kroes (European Commissioner for Competition) will speak. From 9:30 AM until 12:30 PM, there will be three panel discussions, titled "Prove it: New Evidentiary Hurdles for Merging Parties and Government Regulators", "Cartels: Public and Private Enforcement", and "Single Firm Conduct: Dominance, Differences, Reform and Other Hot Topics". At 12:30 PM, Thomas Barnett (Assistant Attorney General in charge of the USDOJ's Antitrust Division) will give a luncheon speech titled "Interoperability Between Antitrust and Intellectual Property". At 1:30 PM, there will be a panel discussion. The speakers will be James Rill (Howrey law firm), Joseph Seon Hur (Secretary General, Korea Fair Trade Commission), William Kovacic (FTC Commissioner), Philip Lowe (Director General of Competition, European Commission), Gerald Masoudi (Deputy Assistant Attorney General in the USDOJ's Antitrust Division), and Hideo Nakajima (Deputy Secretary General, General Secretariat, Japan Fair Trade Commission). See, notice and agenda [PDF]. For more information, contact Chris Pruitt at 703-993-8161. Location: J.W. Marriott Hotel, Capitol Ballroom E, 1331 Pennsylvania Ave., 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 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 Judiciary Committee (HJC) will meet to mark up several bills, including HR 5825, the "Electronic Surveillance Modernization Act", and HR 6052 [100 pages in PDF], the "Copyright Modernization Act of 2006". HR 6052 includes the "Section 115 Reform Act of 2006", or SIRA, and the "Orphan Works Act of 2006". The meeting will be webcast by the HJC. See, notice. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn 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.

TIME CHANGE. 11:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing on 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). The witnesses will be Jon Dudas (Director of the U.S. Patent and Trademark Office), Clive Meanwell (The Medicines Company), Kathleen Jaeger (Generic Pharmaceutical Association), and John Thomas (Georgetown University). See, notice. The hearing will be webcast by the HJC. 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.

10:00 AM. The Senate Commerce Committee (SCC) will meet to mark up bills. The SCC has not yet released the agenda. See, notice. The meeting will be webcast by the SCC. Press contact: Joe Brenckle (Stevens) at 202-224-3991, Brian Eaton (Stevens) at 202-224-0445, or Teri Rucker (Inouye) at 202-224-4546. Location: Room 253, Russell Building.

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.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Online Child Pornography". See, notice. The hearing will be webcast by the SCC. Press contact: Joe Brenckle (Stevens) at 202-224-3991, Brian Eaton (Stevens) at 202-224-0445, or Teri Rucker (Inouye) at 202-224-4546. Location: Room 253, Russell Building.

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.

8:00 - 11:30 AM and 2:00 - 5:00 PM. The Department of Homeland Security's (DHS) Data Privacy and Integrity Advisory Committee will meet. Part of the meeting will be closed to the public. The DHS states that "the Chief Privacy Officer will provide an update on the activities of the Privacy Office. The subcommittees will update the Committee on the work currently being conducted. In the morning and afternoon sessions, invited speakers will discuss screening, redress, and data integrity". See, notice in the Federal Register, August 29, 2006, Vol. 71, No. 167, at Pages 51201. Location: Transportation Security Administration, 601 South 12th Street, Arlington, VA.

10:00 PM. The Senate Commerce Committee's (SCC) Subcommittee on Trade, Tourism, and Economic Development will hold a hearing titled "Internet Governance: The Future of ICANN". See, notice. The hearing will be webcast by the SCC. Press contact: Joe Brenckle (Stevens) at 202-224-3991, Brian Eaton (Stevens) at 202-224-0445, or Teri Rucker (Inouye) at 202-224-4546. Location: Room 253, Russell Building.

10:30 AM - 4:00 PM. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare advice on proposed U.S. contributions to Study Group 13 (Next Generation Networks) of the International Telecommunication Union's Telecommunication Standardization Sector. See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Page 51884. Location: COMTek, 14151 Newbrook Drive, Suite 400, Chantilly, VA.

11:45 AM - 2:00 PM. The AEI Brookings Joint Center for Regulatory Studies will host a discussion of the book titled " New Foundations of Cost-Benefit Analysis" [Amazon], by Matthew Adler (University of Pennsylvania) and Eric Posner (University of Chicago). The speakers will be Adler, Posner, Chris DeMuth (AEI) and Richard Revesz (NYU). Location: American Enterprise Institute, 12th floor, 1150 17th St., NW.

12:00 NOON - 2:00 PM. The Alliance for Public Technology (APT) will host a brown bag lunch titled "Digging Deeper into the Senate Communications Act of 2006:  What does the Bill Mean for the E-Rate Community and People with Disabilities?". The speakers will be Lynne Bradley (American Library Association), Jenifer Simpson (American Association of People with Disabilities), and Karen Strauss (KPS Consulting). RSVP to apt at apt dot org or (202) 263-2970. Location: ALA, first floor conference room, 1615 New Hampshire Ave., NW. 

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Communications Law and the Internet: Content, Carriage, and Access in the Digital Age". The speakers will be Maureen O'Connell (News Corporation), Paul Glist (Cole Raywid & Braverman), and Rick Whitt (NetsEdge Consulting). For more information, contact Chris Fedeli at cfedeli at crblaw dot com or 202-828-9874 or Natalie Roisman at nroisman at akingump dot com or 202-887-4493. Location: Cole Raywid & Braverman, Suite 200, 1919 Pennsylvania Ave., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) [77 pages in PDF] regarding the service rules that primarily govern wireless licenses in the 698-746, 747-762, and 777-792 MHz bands (700 MHz Band) currently occupied by television broadcasters and being made available for new services as a result of the DTV transition. This NPRM is FCC 06-114 in WT Docket No. 06-150, CC Docket No. 94-102, and WT Docket No. 01-309. The FCC adopted this NPRM on August 3, 2006, released it on August 10, 2006. See, notice in the Federal Register, August 21, 2006, Vol. 71, No. 161, at Pages 48506-48527. See also, FCC release [PDF] that describes this NPRM.