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November 27, 2006, Alert No. 1,494.
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Copyright Office Releases DMCA Anti-Circumvention Exemptions

11/27. The Copyright Office (CO) concluded its third triennial rulemaking proceeding to designate exemptions to the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). The CO announced six exemptions which will remain in effect for three years.

These six exemptions relate to the use of rootkits on CDs and DVDs, e-book controls that affect the read aloud function, programs protected by dongles, programs that enable cellphones to connect to a wireless network (where circumvention is for the purpose of connecting to a network), programs and games in obsolete formats, and audiovisual works in university libraries.

17 U.S.C. § 1201 provides, in Subsection (a)(1)(A), that "No person shall circumvent a technological measure that effectively controls access to a work protected under this title ...".

Then, Subsections 1201(a)(1)(B) through (E) provide for rulemaking proceedings conducted by the CO every three years to establish exemptions to the prohibition of (a)(1)(A) for certain non-infringing uses.

The CO published a notice in the Federal Register (FR) that announces, describes, recites, and sets effective dates, for this rule. The effective date of this rule is November 27, 2006. It remains in effect until October 27, 2009. See, FR, November 27, 2006, Vol. 71, No. 227, at Pages 68472-68480.

The CO also published a statement, assigned to the Librarian of Congress, that elaborates on nature of this rulemaking. It states that "It is important to understand the purposes of this rulemaking, as stated in the law, and the role I have in it. This is not a broad evaluation of the successes or failures of the DMCA. The purpose of the proceeding is to determine whether current technologies that control access to copyrighted works are diminishing the ability of individuals to use works in lawful, noninfringing ways. The DMCA does not forbid the act of circumventing copy controls, and therefore this rulemaking proceeding is not about technologies that control copying. Nor is this rulemaking about the ability to make or distribute products or services used for purposes of circumventing access controls, which are governed by a different part of section 1201."

This proceeding was conducted by, and this rule was written by, attorneys and other staff in the office of the Register of Copyrights, which is a part of the Library of Congress.

The CO received, and published in its web site, 74 initial comments, and 35 reply comments.

The six categories of exemptions are set out below. This language amends the CO's rule on DMCA anti- circumventions exemptions, which is codified at 37 C.F.R. § 201.40.

First, the new rule creates an exemption for any "Audiovisual works included in the educational library of a college or university's film or media studies department, when circumvention is accomplished for the purpose of making compilations of portions of those works for educational use in the classroom by media studies or film professors."

Second, the new rule creates an exemption for any "Computer programs and video games distributed in formats that have become obsolete and that require the original media or hardware as a condition of access, when circumvention is accomplished for the purpose of preservation or archival reproduction of published digital works by a library or archive. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace."

Third, the new rule creates an exemption for any "Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete. A dongle shall be considered obsolete if it is no longer manufactured or if a replacement or repair is no longer reasonably available in the commercial marketplace."

Fourth, the new rule creates an exemption for any "Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling either of the book's read-aloud function or of screen readers that render the text into a specialized format."

The CO found that "Some literary works are distributed in ebook form with the read-aloud and screen reader functions disabled through the use of digital rights management tools. In order to alter the usage settings of such ebooks in order to enable read-aloud and screen reader functionality, a user would have to circumvent access controls."

See also, comment [PDF] of Mark Richert (American Foundation for the Blind) and Michael Richards and Joseph DiScipio (Fletcher Heald & Hildreth).

Fifth, the new rule creates an exemption for any "Computer programs in the form of firmware that enable wireless telephone handsets to connect to a wireless telephone communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless telephone communication network."

Sixth, the new rule creates an exemption for any "Sound recordings, and audiovisual works associated with those sound recordings, distributed in compact disc format and protected by technological protection measures that control access to lawfully purchased works and create or exploit security flaws or vulnerabilities that compromise the security of personal computers, when circumvention is accomplished solely for the purpose of good faith testing, investigating, or correcting such security flaws or vulnerabilities."

This sixth exemption addresses the situation exposed by Sony BMG's brief use of rootkit technology on music CDs. See, stories titled "Texas Sues Sony BMG Alleging Violation of Texas Spyware Statute" in TLJ Daily E-Mail Alert No. 1,258, November 22, 2005, and "Texas Amends Spyware Complaint Against Sony BMG" in TLJ Daily E-Mail Alert No. 1,280, December 29, 2005. Some Sony music CDs, distributed in 2005, installed digital rights management (DRM) software, and concealed that software.

The CO found that "The rootkit creates security vulnerabilities by providing a cloak that conceals malicious software, a cloak that, in fact, was exploited by disseminators of malware within days of the discovery of the XCP rootkit." The CO found that this warrants the creation of a limited exemption "for the purpose of good faith testing, investigating, or correcting such security flaws or vulnerabilities". See, Federal Register at page 68477.

Edward Felten (Princeton) and Deirdre Mulligan (UC Berkeley) had sought a broader exemption for "sound recordings and audiovisual works distributed in compact disc format and protected by technological measures that impede access to lawfully purchased works by creating or exploiting security vulnerabilities that compromise the security of personal computers". The Computer and Communications Industry Association (CCIA) also filed a comment seeking a broader exemption for any "access control measures which threaten critical infrastructure and potentially endanger lives". See, CCIA comment [PDF], Mulligan's and Felten's comment [13 pages in PDF].

TLJ spoke with Matthew Schruers of the CCIA. He said that "we are encouraged that the Office has recognized that this is a problem, and acted to remedy it."

Rejected Proposals. The CO also received numerous comments requesting that other exemptions also be recognized. The CO rejected, and the Librarian of Congress concurred in the rejection of, these other requests.

The CO rejected proposals to create exemptions for all works, for the purpose of making back up copies, for fair use purposes, and for other broad purposes.

The CO also rejected various proposals that were not articulated with specificity, or evidence in support.

Porn Filters. The CO rejected requests regarding compilations consisting of lists of internet locations blocked by commercially marketed filtering software applications that are intended to prevent access to domains, websites or portions of web sites, but not including lists of internet locations blocked by software applications that operate exclusively to protect against damage to a computer or a computer network or lists of internet locations blocked by software applications that operate exclusively to prevent receipt of email.

The CO had previously created similar exemptions in 2000 and 2003 to permit circumvention to access the block lists of porn filters.

However, the CO noted that "proponents in the current rulemaking proceeding made no attempt to make any factual showing whatsoever, choosing instead to rest on the record from three years ago", and that the record revealed no use of the 2003 exemption.

Space Shifting. The CO rejected requests to permit circumvention of technological protection measures applied to movies, music and other works on DVDs, CDs, and other media in order to copy these works to other media or devices.

The CO concluded that "the reproduction of those works onto new devices is an infringement of the exclusive reproduction right unless some exemption or defense is applicable. In the absence of any persuasive legal authority for the proposition that making copies of a work onto any device of the user's choosing is a noninfringing use, there is no basis for recommending an exemption to the prohibition on circumvention." See, Federal Register at page 68478.

DVDs and Linux. The CO rejected proposals to allow circumvention of Content Scrambling System (CSS) in order to use computers running the Linux operating system to view motion pictures on DVDs.

The CO found that "there is evidence in the record that Linux-based DVD players currently exist". It added that "there are many readily available ways in which to view purchased DVDs".

Broadcast Flag. The CO rejected proposals to create an exemption related to a broadcast flag. The CO wrote that "A number of comments assert that broadcast flags for television and radio broadcasts would interfere with time shifting, format-shifting, and recording for personal use. However, there is currently no broadcast flag mandate for either television or radio broadcasts and whether such a mandate will exist within the next three years is a matter of speculation. If it does exist, it will be due in whole or in part to Congressional action. Moreover, even if an audio or television broadcast flag were to be established, the precise substance of the requirement is unknown at this time. The Register cannot recommend an exemption based upon speculation about a legal regime that may or may not be imposed in the next three years." See, Federal Register at page 68479.

Region Coded DVDs. The CO rejected proposals to permit circumvention in order to obtain access to motion pictures protected by region coding. The CO also denied similar requests in 2000 and 2003.

The CO concluded that region coding imposes an "incovenience rather than actual or likely harm, because there are numerous options available to individuals seeking access to content from other regions".

The CO reasoned that one option available to US consumers is to buy a foreign DVD players capable of playing the foreign region code involved, and buy DVDs with the corresponding foreign regional code.

The CO also stated that region coding on DVDs "serves legitimate purposes as an access control, such as preventing the marketing of DVDs of a motion picture in a region of the world where the motion picture has not yet been released in theaters, or is still being exhibited in theaters."

The CO does not note that some content owners protect decades old content with region coding, and decline to export such region coded content to other regions, or to mail to other regions DVDs sold through web sites or by mail order.

One option for US consumers, that is precluded by the CO's refusal to grant an exemption, would be to purchase in the US DVDs that a business has purchased abroad and shipped to the US for resale, after the business has circumvented, and then play the DVD on a DVD player made for the US market. Another option, which remains available to US consumers, would be to fly to another continent, buy the foreign region coded DVD, buy a DVD player that plays content so coded, and fly back to the US.

The CO concluded that an exemption is not necessary because US consumers have "inexpensive options". See, Federal Register at page 68478.

See also, stories titled "Copyright Office Announces Proceeding on DMCA Anti-Circumvention Exemptions" in TLJ Daily E-Mail Alert No. 1,229, October 7, 2005, and "Copyright Office Delays Release of Triennial DMCA Exemptions Rule" in TLJ Daily E-Mail Alert No. 1,478, October 30, 2006.

FCC to Conduct Media Ownership Studies

11/27. The Federal Communications Commission (FCC) released a Pubic Notice [2 pages in PDF] titled "FCC Names Economic Studies to Be Conducted As Part of Media Ownership Rules Review". It states that the FCC will conduct ten peer reviewed economic studies as part of its long running review of its media ownership rules. See also, FCC web page for these studies.

The FCC's notice, released on November 22, does not explain the FCC's understanding of the process of peer review.

The FCC's notice announces the titles of the studies, and some of the prospective authors.

  • "How People Get News and Information", by unidentified authors associated with Nielsen.
  • "Ownership Structure and Robustness of Media", by Anthony Bush, Kiran Duwadi, Scott Roberts, and Andrew Wise (all employed by the FCC).
  • "Effect of Ownership Structure and Robustness on the Quantity and Quality of TV Programming", by Gregory Crawford (University of Arizona).
  • "News Operations", by Kenneth Lynch, Daniel Shiman, and Craig Stroup (all employed by the FCC).
  • "Station Ownership and Programming in Radio", by Tasneem Chipty (CRAI).
  • "News Coverage of Cross-Owned Newspapers and Television Stations", by Jeffrey Milyo (University of Missouri).
  • "Minority Ownership", by Arie Beresteanu and Paul Ellickson (both of Duke University).
  • "Minority Ownership", by Allen Hammond (Santa Clara University) and Barbara O’Connor (California State University, Sacramento).
  • "Vertical Integration", by Austan Goolsbee (University of Chicago).
  • "Radio Industry Review: Trends in Ownership, Format, and Finance", by George Williams (FCC).

FCC Commissioner Jonathan Adelstein released a statement [PDF] in which he wrote that this notice "ultimately undermines the public's confidence by raising more questions than it answers. The legitimacy of the studies is directly correlated to the transparency of the process undertaken to develop the studies and select the authors."

rightAdelstein (at right) elaborated that "The descriptions of the studies are scant, lacking any sense of the Commission's expectations for scope, proposed methodology and data sources. In certain instances, the truncated period of time to complete the studies is an ingredient for a study that doesn't engender public faith and confidence. The release of this deficient Public Notice is unfortunate given the importance of these studies in evaluating the impact of media ownership on the American public."

FCC Commissioner Michael Copps released a statement [PDF] in which he wrote that "Any FCC decision that could fundamentally reshape the nation's media environment must be reached through a process that is open and transparent to the American people. Today's announcement of the Commission’s new media ownership studies, unfortunately, raises more questions in the public’s mind than it answers. How were the contractors selected for the outside projects? How much money is being spent on each project -- and on the projects collectively? What kind of peer review process is envisioned? Why are the topics so generalized rather than being targeted to more specific questions?".

While Commissioner Copps seeks "a process that is open and transparent to the American people" in this matter, he is an active proponent for secrecy and nontransparency in most other FCC matters. For example, he has argued at FCC events, and in Congressional testimony, that the Commission should be able to conduct agency business in secret, unbound by the open meeting statute that requires other agencies to conduct their business in public. See, for example, story titled "Copps and Stevens Advocate Less Transparency at FCC" in TLJ Daily E-Mail Alert No. 1,272, December 14, 2005.

Meanwhile, Randolph May of the Free State Foundation, wrote in a release dated November 27 that the media ownership rules were written between the 1940s and 1970s, "when most people got their news and information from the local newspaper or a few over-the-air broadcast stations-in other words, before cable television, before satellite TV, before wireless networks and, most significantly, before the Internet." He argued that these rules "should be substantially relaxed or eliminated to reflect the realities of the diversity of information sources available in today's media marketplace".

Publication Schedule

There was no issue of the TLJ Daily E-Mail Alert on Wednesday, November 22, Thursday, November 23, or Friday, November 24, 2006.

Washington Tech Calendar
New items are highlighted in red.
Monday, November 27

The House will next meet on Tuesday, December 5, 2006, at 10:00 AM. See, Republican Whip Notice. See also, HConRes 496.

The Senate will next meet on Monday, December 4, 2006. See also, HConRes 496.

9:30 - 11:30 AM. The Federal Communications Commission's (FCC) WRC-07 Advisory Committee's Informal Working Group 4: Broadcasting and Amateur Issues will meet. See, notice [PDF]. Location: Pillsbury Winthrop Shaw Pittman, Conference Room 1G, 2300 N Street, NW.

10:00 AM. The Supreme Court will hear oral argument in Bell Atlantic v. Twombly, Sup. Ct. No. 05-1126. This case pertains to whether a complaint against a regional bell operating company (RBOC) that alleges parallel or similar behavior, and conspiracy to limit competition, but includes no allegations in support other than the similar or parallel conduct, is sufficient to survive a motion to dismiss. See also, amicus brief of the Office of the Solicitor General and story titled "Supreme Court Grants Cert in Bell Atlantic v. Twombly" in TLJ Daily E-Mail Alert No. 1,399, June 26, 2006. See also, Supreme Court docket. Location: 1 First St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to it further notice of proposed rulemaking (FNPRM) regarding maritime Automatic Identification Systems (AIS). The FCC adopted this item on July 20, 2006, and released it on July 24, 2006. It is FCC 06-108 in WT Docket No. 04-344. See, notice in the Federal Register, October 12, 2006, Vol. 71, No. 197, at Pages 60102-60106.

Tuesday, November 28

10:00 AM. The Supreme Court will hear oral argument in KSR International v. Teleflex, Sup. Ct. No. 04-1350. See also, amicus brief of the Office of the Solicitor General, and story titled "Supreme Court Grants Cert in Patent Obviousness Case" in TLJ Daily E-Mail Alert No. 1,399, June 26, 2006. See also, Supreme Court docket. Location: 1 First St., NW.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) Enforcement Practice Committee will host a brown bag lunch titled "Telemarketing Enforcement -- TCPA, CAN-SPAM, Do-Not-Call, Junk Fax and More". The speakers will be Kris Monteith (Chief of the FCC's Enforcement Bureau) and Lydia Parnes (Chief of the FTC's Bureau of Consumer Protection). For more information, contact Christi Shewman by November 27 at christi dot shewman at fcc dot gov. Location: Arnold & Porter, Paul Porter Room, 10th Floor, 555 12th Street, NW.

12:00 NOON - 1:30 PM. The DC Bar Association will host a panel discussion titled "Music Industry: Sound Recordings and Public Performance Rights". The speakers will include Gary Greenstein (SoundExchange), Daryl Friedman (Recording Academy), Jay Rosenthal (Recording Artists’ Coalition), and John Simson (SoundExchange). The price to attend ranges from $25 to $35. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

12:30 - 5:00 PM. The U.S. Chamber of Commerce will host an event titled "Next Steps for the American Trade Agenda". The speakers will include Susan Schwab (U.S. Trade Representative), former Rep. Cal Dooley (D-CA), and former USTR Clayton Yeutter. The U.S. Chamber notice states that the topics covered will include "What are the prospects for extension of Trade Promotion Authority and completion of additional free-trade agreements in the 110th Congress? What is the future of the multilateral trading system, the Doha Development Agenda, and the WTO's dispute settlement system? How can U.S. international economic policy confront the emerging challenge posed to international business by divergent views of antitrust and intellectual property law?" The price to attend ranges from $50 to $70. For more information, contact Maria Medrano at mmedrano at uschamber dot com or 202-463-5384. See, registration page. Location: U.S. Chamber 1615 H St., NW.

2:00 - 4:00 PM. The Federal Communications Commission's (FCC) WRC-07 Advisory Committee's Informal Working Group 3: IMT-2000 and 2.5 GHz Sharing Issues will meet. See, notice [PDF]. Location: FCC, 4th Floor South Conference Room (4-B516), 445 12th Street, SW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to National LambdaRail's petition for reconsideration or clarification of the FCC's Order establishing a rural telehealth and telemedicine pilot subsidy program. See, FCC Public Notice (DA 06-2279). The FCC's order is FCC 06-144 in WC Docket No. 02-60.

Wednesday, November 29

9:30 AM - 12:00 NOON. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hold another in their series of joint hearings on single firm conduct. The topic of this hearing is loyalty discounts. The witnesses will be Joseph Kattan (Gibson, Dunn & Crutcher), Thomas Lambert (University of Missouri School of Law), Barry Nalebuff (Yale University School of Management), and David Sibley (University of Texas at Austin). Location: Conference Room C, FTC's Conference Center, 601 New Jersey Ave., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "A New Era for CFIUS". The speakers will include Jeanne Archibald (Hogan & Hartson), Joe Cwiklinski (Senate Banking Committee), Nova Daly (Department of the Treasury), Harvey Nathan (EADS North America Defense), and Keith Loken (Department of State). The price to attend ranges from $5 to $25. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

1:30 - 3:30 PM. The Federal Communications Commission's (FCC) WRC-07 Advisory Committee's Informal Working Group 2: Satellite Services and HAPS will meet. See, notice [PDF]. Location: Leventhal Senter & Lerman, 7th Floor Conference Room, 2000 K Street, NW.

1:30 AM - 4:00 PM. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hold another in their series of joint hearings on single firm conduct. The topic of this hearing is loyalty discounts. The witnesses will be Daniel Crane (Cardozo School of Law), Timothy Muris (O'Melveny & Myers), Janusz Ordover (New York University), and Willard Tom (Morgan Lewis & Bockius). Location: Conference Room C, FTC's Conference Center, 601 New Jersey Ave., NW.

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to discuss proposed US contributions to the Permanent Executive Committee of the Organization of American States Inter-American Telecommunication Commission (COM/CITEL). See, notice in the Federal Register, October 31, 2006, Vol. 71, No. 210, at Page 63828. Location: undisclosed.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry [37 pages in PDF] regarding preparation of its annual report to the Congress regarding the status of competition in markets for the delivery of video programming. This NOI is FCC 06-154 in MB Docket No. 06-189. The FCC adopted this NOI at an October 12, 2006, meeting, and released it on October 20, 2006. See, stories titled "FCC Adopts NOI Regarding Video Competition" in TLJ Daily E-Mail Alert No. 1,467, October 12, 2006, and "FCC Releases NOI on Video Competition and Other Issues" in TLJ Daily E-Mail Alert No. 1,473, October 23, 2006. See also, notice in the Federal Register, November 17, 2006, Vol. 71, No. 222, at Pages 66946-66953.

Thursday, November 30

8:00 AM - 2:00 PM. Deloitte Touche will host a conference titled "Building Public Trust: The Role of Public and Private Sectors in Preventing Identity Theft Conference". The speakers will include  Deborah Majoras (FTC Chairman), Lydia Parnes (Director of the FTC's Bureau of Consumer Protection), and Paul McNulty (Deputy Attorney General). See, notice and agenda. For more information, call 703-251-1383, Location: Four Seasons Hotel, 2800 Pennsylvania Ave.,  NW.

9:00 AM - 10:30 PM. The DC Bar Association's Intellectual Property Law Section will host a seminar titled "Dilution Update". The speakers will include Roberta Horton (Arnold & Porter). The price to attend ranges from $15 to $25. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

9:30 AM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. See, notice in the Federal Register, November 8, 2006, Vol. 71, No. 216, at Pages 65520-65521. Location: FCC, Room TW-C305, 445 12th St., SW.

10:30 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to discuss proposed U.S. contributions to the Committee on Information Services and Policy (CISP) and Working Party on the Information Economy (WPIE) meetings of the Organization for Economic Co-operation and Development (OECD). See, notice in the Federal Register, October 31, 2006, Vol. 71, No. 210, at Page 63828. Location: Room 2533A, Harry Truman Building.

11:00 AM - 12:00 PM. The Heritage Foundation will host a panel discussion titled "The Future of the Attorney-Client Relationship in White-Collar Prosecutions". See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Practice Committee will host a lunch. The topic will be "Analysts' Perspective of the AWS Auction". The speakers will include Rebecca Arbogast (Stifel Nicolaus) and Anna Maria Kovacs (Regulatory Source Associates). The price to attend is $15. See, registration form [PDF]. Registrations and cancellations are due by 12:00 NOON on November 28. Location: Latham & Watkins, 10th floor, 555 11th St., NW.

TIME? The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hold another of their series of hearings on single-firm conduct. This hearing will address loyalty discounts. Location?

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

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its Draft Special Publication 800-54 [57 pages in PDF], titled "Border Gateway Protocol Security".

Friday, December 1

9:30 AM - 12:00 NOON. The Department of State's International Telecommunication Advisory Committee will meet to discuss the US position on the International Telecommunications Union's (ITU) budget shortfalls and related matters. See, notice in the Federal Register, November 14, 2006, Vol. 71, No. 219, at Page 66362. Location: undisclosed.

Monday, December 4

The Senate will return from its Thanksgiving recess. See, HConRes 496.

8:30 AM - 5:00 PM. The National Science Foundation's (NSF) Advisory Committee for International Science and Engineering will meet. See, notice in the Federal Register, November 13, 2006, Vol. 71, No. 218, at Page 66201. Location: 4201 Wilson Boulevard, Room 1235, Arlington, VA.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in E-PASS Tech v. 3Com, App. Ct. No. 2006-1356. Location: Courtroom 203, 717 Madison Place, NW.

Extended deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) regarding its proposed changes to its Export Administration Regulations (EAR) pertaining to exports and reexports of dual-use items to the People's Republic of China (PRC). Dual use items include certain encryption products, information security products, fiber optic products, computers, and software. See, original notice in the Federal Register, July 6, 2006, Vol. 71, No. 129, at Pages 38313-38321, and notice of extension in the Federal Register, October 19, 2006, Vol. 71, No. 202, at Page 61692.

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