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June 18, 2007, Alert No. 1,596.
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DC Superior Court Dismisses Lost Laptop Data Case for Lack of Standing

6/13. The Superior Court for the District of Columbia, Civil Division, issued an order [PDF] in Randolph v. ING, dismissing the plaintiffs' privacy related complaint for lack of jurisdiction. This is an action against an insurance company following the theft of a laptop computer from the home of an employee of the company that contained personal information regarding the plaintiffs.

The Court held that since the complaint alleged data loss, and exposure to a heightened risk of identity theft, but not actual injury, the plaintiffs lack standing to sue.

Previously, the U.S. District Court (DC) held that it lacks jurisdiction over these claims for lack of Article III standing. See, February 20, 2007, Memorandum Opinion and Order [17 pages in PDF], and story titled "District Court Holds that Injury in Fact is a Prerequisite for Standing in Lost Data Case" in TLJ Daily E-Mail Alert No. 1,544, February 27, 2007.

The just released order of the DC Superior Court states that the February order of the US District Court is a "thorough and well-reasoned opinion", but is not the law of the case, and not binding on the Superior Court.

The U.S. District Court for the District of Columbia is a trial court of the federal judicial system. It was created under Article III of the U.S. Constitution. The Superior Court for the District of Columbia is a trial court of the District of Columbia's judicial system. It was created pursuant to Article I of the Constitution. It is not a state court.

ING Life Insurance and Annuity Company provides a deferred compensation plan and other services to employees of the District of Columbia, including Regina Randolph and the other plaintiffs in this action. A burglar stole a laptop computer from the home of an ING employee. Plaintiffs allege that it contained personal and financial information. However, they do not allege that they are victims of identity theft or fraud resulting from the theft of the laptop.

Rather, they allege that the laptop theft has exposed them to a heightened risk of identity theft and that ING's negligence or gross negligence in allowing this information to be stored on an employee's computer and removed from otherwise secure facilities invaded their privacy and proximately caused them damages.

The plaintiffs filed a complaint in Superior Court for the District of Columbia against ING alleging two counts of invasion of privacy, one count of negligence, and one count of gross negligence. The plaintiffs amended their complaint to add claims of breach of fiduciary duty or confidential relationship and statutory causes of action.

ING moved to dismiss the complaint on several grounds. The Superior Court granted the motion, and dismissed for lack of jurisdiction.

The Court wrote that "To have standing, the Plaintiff ``must have suffered an injury in fact -- an invasion of a legally protected interest which is (a) concrete and particularized, …and (b) actual or imminent, not conjectural or hypothetical.´´" (This quotes from Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) and other opinions.)

The Court wrote that the plaintiffs have only alleged "that they are more vulnerable to identity theft now that their personal data has fallen into the hands of the thief of the computer or one who receives it from the thief, and the Plaintiffs who are police officers allege that their home addresses may be compromised, subjecting them to possible threats or violence. No Plaintiff alleges that his or her identity has in fact been stolen or used, and no police officer Plaintiff alleges that his or her residence has been revealed or threatened in any way." (Footnote omitted.)

The Court added that the plaintiffs are "worried", and might incur expenses "to protect their credit or to repair any damage if it occurs", but that all this is "insufficient to confer standing".

The Court also noted that it is possible "that the thief kept the computer or passed it to someone who erased its hard drive and memory to make it more pristine for resale".

The Court also cited other cases in which federal courts held that the plaintiffs lacked the requisite injury to establish standing to sue or to state a legally sufficient claim for relief. It added that it is aware of no cases to the contrary. All of the cited opinions are from federal courts.

The federal court opinions on standing apply Article III, Section 2, of the Constitution, which provides that "The judicial Power shall extend to all Cases ... Controversies ..."

The Superior Court is not an Article III court. Nevertheless, the Court wrote that "our local Article I courts will accept jurisdiction only over actual cases and controversies and insist on the same prudential prerequisites of standing as the Article III courts."

The Superior Court did not reach the question of whether the complaint should also be dismissed for failure to state a claim upon which relief can be granted, for failure to allege injury in fact.

This case is Regina Randolph et al. v. ING Life Insurance and Annuity Company, Superior Court for the District of Columbia, Civil Division, Civil Action No. 06 CA 4932, Judge Frederick Weisberg presiding.

ING is represented by Alan Charles Raul, Juan Morillo, and Stephen Nickelsburg of the Washington DC office of the law firm of Sidley Austin.

Administration Officials Promote KORUS FTA

6/14. Susan Schwab, the U.S. Trade Representative (USTR), gave a speech [PDF] in which she promoted the Korea U.S. free trade agreement (KORUS FTA), which has been negotiated, and released, by trade negotiators, but not ratified by the national legislatures.

She said that "When the history of the early 21st century is written, I hope the KORUS FTA will be listed among its great achievements. It should stand as an example of American and Korean leadership in trade and as a key event in America’s engagement in one of the most economically vibrant regions in the world. It should be remembered as a bipartisan achievement in the effort to offer a better life to the people of the United States and Korea."

Trade promotion authority expires at the end of this month. However, Schwab said that "The Office of the U.S. Trade Representative remains the same beehive of activity it has always been."

She also addressed the administration's "bipartisan agreement with the Congress". She said that "We have been working intensely over the past four weeks to turn that agreement into formal text.

She discussed the Doha round negotiations. She said that "The sense of urgency is there", and that "We will keep forging ahead in the hopes of finding a way".

Also, on June 13, 2007, the House Foreign Affairs Committee's Subcommittee on Terrorism, Nonproliferation, and Trade held a hearing titled "The United States-South Korea FTA: The Foreign Policy".

Karan BhatiaKaran Bhatia (at right), a Deputy U.S. Trade Representative, wrote in his prepared testimony [PDF] about the economic benefits of this FTA. He wrote that "In the area of intellectual property rights, the Agreement provides significantly enhanced standards for protection and enforcement of a broad range of intellectual property rights, including trademark-, copyright-, and patent-related provisions and will provide effective -protection and enforcement for emerging technologies."

He continued that "In the area of telecommunications services, U.S. suppliers will benefit from South Korea’s agreement to permit U.S.-controlled companies to own 100 percent of South Korean telecommunications operators within two years." He added that electronic commerce will also benefit.

Christopher Hill, an Assistant Secretary of State, wrote in his prepared testimony about the foreign policy benefits of this FTA.

Rep. Brad Sherman (D-CA), the Chairman of the Subcommittee, criticized the KORUS FTA in his opening statement. He said that before approval, "we should be certain that we are not setting into motion a plan that will once again lead to the demise of Detroit".

He also argued that "There is a Trojan Horse in this deal", referring to "outward processing zones in North Korea". He wants the agreement to be amended to provide that "No good or service produced in whole, or in part, in the portion of the Korean Peninsula located north of the Korean War Armistice Line shall be eligible for the benefit of this agreement ...".

Rep. Ed Royce (R-CA), the ranking Republican on the Subcommittee, responded in his opening statement that goods from the one applicable site, the Kaesong Industrial Complex, "were excluded from this agreement's tariff benefits". However, he noted that "South Korea hasn't lived-up to previous agreements to end its discriminatory treatment of American-made cars, which has choked off U.S. sales in South Korea."

See also, story titled "US and Korea Announce FTA" in TLJ Daily E-Mail Alert No. 1,559, April 2, 2007. And see, text of the agreement, and particularly, sections regarding telecommunications [17 pages in PDF], electronic commerce [4 pages in PDF], intellectual property rights [35 pages in PDF].

US FTC and PRC SAIC Enter Into Information Exchange Agreement

6/12. The U.S. Federal Trade Commission (FTC) and the People's Republic of China's (PRC) State Administration for Industry & Commerce (SAIC) entered into a short and vaguely worded Memorandum of Understanding on Consumer Protection Matters [4 pages in PDF]. See also, FTC release.

This MOU states that the two nations "intend to use their best efforts to exchange information".

This MOU, on its face, might be construed to apply to the sharing of investigative information. Moreover, it might be construed within the context of the recently enacted US SAFE WEB Act, which authorizes the FTC to conduct investigations for, and share information with, foreign government agencies, and to enter into agreements with foreign government agencies regarding the sharing of investigative information.

However, this is not the FTC's interpretation of the MOU. TLJ spoke with Yael Weinman of the FTC's Office of International Affairs. She said that this MOU "relates to policy level cooperation, not investigative assistance".

This MOU does enumerate several types of information sharing related to policy. It states that "the Participants intend to use their best efforts to cooperate in the area of consumer protection, including, but not necessarily limited to: ... exchanging views on consumer protection issues of common interest; ... exchanging information concerning consumer protection laws, regulations, policies and other consumer protection-related subjects as mutually agreed by the Participants; ... exploring the possibility of working together to sponsor or participate in symposia, seminars or workshops on issues relating to consumer protection; ... exploring the possibility of conducting personnel training in the area of consumer protection; and ... exploring the possibility of conducting mutual visits relating to important consumer protection issues that are of mutual concern."

US SAFE WEB Act. Late last year the Congress enacted, and President Bush signed, S 1608 [109th Congress], the "Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers beyond Borders Act". This title renders the near acronym of US SAFE WEB Act. This Act increases the investigatory and information sharing powers of the FTC. See, story titled "Congress Expands Powers of FTC" in TLJ Daily E-Mail Alert No. 1,504, December 13, 2006. See also, FTC summary [3 pages in PDF] of the US SAFE WEB Act.

Section 4 of the US SAFE Web Act amends the Federal Trade Commission Act (FTCA) to authorize the FTC to conduct investigations and discovery for, and provide information to, foreign law enforcement agencies.

The US SAFE WEB Act, among other things, adds a new subsection (j) to 15 U.S.C. § 46, that provides that the FTC may provide "Investigative Assistance for Foreign Law Enforcement Agencies ... Upon a written request from a foreign law enforcement agency to provide assistance in accordance with this subsection, if the requesting agency states that it is investigating, or engaging in enforcement proceedings against, possible violations of laws prohibiting fraudulent or deceptive commercial practices, or other practices substantially similar to practices prohibited by any provision of the laws administered by the Commission ..."

It further provides that the FTC may "conduct such investigation as the Commission deems necessary to collect information and evidence pertinent to the request for assistance, using all investigative powers authorized by" the FTCA.

It also provides that in determining whether to provide assistance to the foreign government, the FTC shall consider "whether the requesting agency has agreed to provide or will provide reciprocal assistance to the" FTC.

Finally, it provides that "If a foreign law enforcement agency has set forth a legal basis for requiring execution of an international agreement as a condition for reciprocal assistance, or as a condition for provision of materials or information to the" FTC, the FTC "may negotiate and conclude an international agreement, in the name of either the United States or the Commission, for the purpose of obtaining such assistance, materials, or information ..."

However, neither the MOU nor the FTC's release accompanying the MOU reference the US SAFE WEB Act. Moreover, the FTC's Weinman stated that the MOU is not related to the recently amended 15 U.S.C. § 46.

ISP Data. There are two other circumstances that are not addressed in either the MOU or the FTC's release, which may or may not be relevant to the MOU. First, Attorney General Alberto Gonzales has advocated mandating data retention by ISPs, and sharing this data with foreign governments. Second, the PR China has a history of interpreting its consumer protection and other laws to include protecting people from online expression that it opposes, but which is protected free speech in the US.

AG Gonzales has advocated imposing a data retention mandate on internet service providers. See, for example, story titled "Gonzales Proposes Data Retention Mandate, Web Site Labeling, and Ban on Deceptive Source Code" in TLJ Daily E-Mail Alert No. 1,357, April 25, 2006. He has also pressured ISPs to collect data. See for example, story titled "Gonzales pressures ISPs on data retention", by Declan McCullagh, in CNET, May 26, 2006. Gonzales has also argued that "we must preserve data and have it available to be shared with another country". See, story titled "Gonzales Says Foreign Governments Should Have Access to Information Collected under Data Retention Mandate" in TLJ Daily E-Mail Alert No. 1,365, May 8, 2006.

The MOU also includes clauses that, read literally, would apply to the decision of whether or not to share investigatory information under circumstances where there are different legal frameworks in the US and PRC. First, the MOU provides that "It is understood that the Participants do not intend to communicate information to the other Participant if such communication is prohibited by the laws governing the Participant possessing the information or would be incompatible with that Participant’s interests."

Second, it provides that "It is understood that the Participants do not intend to engage in any activity that is prohibited by their respective national laws, enforcement policies, or other interests."

What would happen if the PRC's SAIC were to ask for assistance from the FTC in investigating the ownership, registration, financing, operation, and/or use of a Chinese language web based service in the US? Weinman told TLJ that the FTC evaluates all such requests on a "case by case basis". She added that this applies to requests from other countries as well.

Washington Tech Calendar
New items are highlighted in red.
Monday, June 18

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. It will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's weekly calendar [PDF].

12:00 NOON. The Cato Institute will host a panel discussion titled "Trade Promotion Authority, R.I.P.?". The speakers will be former Rep. Cal Dooley (D-CA) and Dan Griswold (Cato). Lunch will be served. See, notice and registration page. Location: Room B-339, Rayburn Building.

2:00 PM. The House Oversight and Government Reform Committee's Subcommittee on Information Policy will hold a hearing titled "Protecting Patient Privacy in Healthcare Information Systems". Location: Room 2154, Rayburn Building.

2:00 - 4:00 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "Is Sarbanes Oxley Impairing Corporate Risk-Taking?". The speakers will be Kenneth Lehn, Leonce Bargeron and Chad Zutter (all from the University of Pittsburgh's Katz Graduate School of Business), Charles Calomiris (AEI), Allen Ferrell (Harvard Law School), Kate Litvak (University of Texas at Austin School of Law), and Peter Wallison (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

5:30 PM. The House Appropriations Committee will meet to mark up the Commerce, Justice, Science FY 2008 appropriations bill. Location: Room 2359, Rayburn Building.

EXTENDED TO JULY 2. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding FCC regulation of exclusive contracts for the provision of video services to multiple dwelling units (MDUs) and other real estate developments. The FCC adopted this NPRM on March 22, 2007, and released the text [19 pages in PDF] on March 27. See, stories titled "FCC Adopts MDU Forced Access NPRM" in TLJ Daily E-Mail Alert No. 1,556, March 26, 2007, and "FCC Releases MDU NPRM" in TLJ Daily E-Mail Alert No. 1,557, March 27, 2007. See also, notice in the Federal Register, April 18, 2007, Vol. 72, No. 74, at Pages 19448-19453. This NPRM is FCC 07-33 in Docket 07-51.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its request for comments updating its record on the Center for the Study of Commercialism's (CSC) Petition for Reconsideration regarding stations that air home shopping programming and their status. See, notice in the Federal Register, May 17, 2007, Vol. 72, No. 95, at Pages 27811-27813.

Tuesday, June 19

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. See, Rep. Hoyer's weekly calendar [PDF].

9:00 AM - 12:30 PM. The U.S. Chamber of Commerce (USCC) will host a workshop titled "Engaging Online in a Presidential Election". This is the fourth of four workshops in a series titled "Online Strategies for Grassroots Advocacy". See, notice. Location: USCC, 1615 H St., NW.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet regarding U.S. positions for a meeting of the Organization of American States Inter American Telecommunication Commission (CITEL) Permanent Consultative Committee II (Radiocommunication) which will prepare for the International Telecommunication Union World Radiocommunication Conference (WRC07). See, notice in the Federal Register, May 30, 2007, Vol. 72, No. 103, at Page 30045. Location: undisclosed.

3:00 - 5:00 PM. The House Science Committee's Subcommittee on Research and Science Education will hold a hearing titled "The Role of Community Colleges and Industry in Meeting the Demand for Skilled Production Workers and Technicians in the 21st Century Economy". The witnesses will be Gerald Pumphrey, Stephen Fonash, Eric Middelstadt, and Stephen Juelsgaard. See, notice. Location: Room 2318, Rayburn Building.

TIME? The Department of Defense's (DOD) Defense Science Board Task Force on Integrating Sensor-Collected Intelligence will hold another of its closed sessions regarding intelligence, surveillance and reconnaissance systems. See, notice in the Federal Register, April 2, 2007, Vol. 72, No. 62, at Page 15659. Location: Science Applications International Corporation, 4001 N. Fairfax Drive, Arlington, VA.

Wednesday, June 20

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's weekly calendar [PDF].

8:30 - 11:00 AM. The Progress and Freedom Foundation (PFF) will host an event to release a report titled "Parental Controls and Online Child Protection: A Survey of Tools & Methods". The speakers will be Adam Thierer (author), Stephen Balkam (Family Online Safety Institute), Jim Dyke (TV Watch), Simrin Mangat (MySpace), Michael McKeehan (Verizon), Rob Stoddard (National Cable & Telecommunications Association), Frank Torres (Microsoft), and Patricia Vance (Entertainment Software Rating Board). See, notice. Location: Ballroom, National Press Club, 13th floor, 529 14th St., NW.

9:30 AM. The U.S. International Trade Commission (USITC) will hold a hearing on the potential effects of a U.S. Korea Free Trade Agreement. See, notice in the Federal Register, May 23, 2007, Vol. 72, No. 99, at Page 28997. Location: USITC, 500 E St., SW.

10:00 AM. The Center for Democracy and Technology (CDT) will host a "press briefing to discuss upcoming Congressional subpoenas targeting the National Security Agency's domestic spying program and the administration's continuing legislative efforts to legalize warrantless spying on Americans". The speakers will be Jim Dempsey and Greg Nojeim. A light breakfast will be served. To participate by telephone, call 800-377-8846; the passcode is 48434056#. Location: CDT, Suite 1100, 1634 I St., NW.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology will hold a hearing titled "Hacking the Homeland: Investigating Cybersecurity Vulnerabilities at the Department of Homeland Security". The witnesses will be Scott Charbo (CIO of the DHS), Gregory Wilshusen (Government Accountability Office), and Keith Rhodes (GAO). The hearing will be webcast by the HHSC. For more information, contact Dena Graziano or Adam Comis at at 202-225-9978. Location: Room 311, Cannon Building.

The Federal Communications Commission (FCC) is scheduled to commence Auction No. 72, the Phase II 220 MHz spectrum licenses auction.

TIME? The Department of Defense's (DOD) Defense Science Board Task Force on Integrating Sensor-Collected Intelligence will hold another of its closed sessions regarding intelligence, surveillance and reconnaissance systems. See, notice in the Federal Register, April 2, 2007, Vol. 72, No. 62, at Page 15659. Location: Science Applications International Corporation, 4001 N. Fairfax Drive, Arlington, VA.

6:30 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Summer Associate Happy Hour". For more information, contact Chris Fedeli 202-973-4274 or chrisfedeli at dwt dot com, or Tarah Grant at 703-610-6155 or tsgrant at hhlaw dot com. Location: The Reef, 2446 18th Street, NW.

Thursday, June 21

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's weekly calendar [PDF].

8:30 AM - 4:00 PM. The American Antitrust Institute (AAI) will host a conference. At 9:35 AM, Hector Ruiz, CEO of Advanced Micro Devices (AMD), will give a speech titled "The Meaning of a Global Market for Monopoly". At 3:00 PM, Thomas Barnett, Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division, will give a speech titled "Report on the Joint Hearings on Single-Firm Conduct". See, notice and agenda. Location: National Press Club, 13th floor, 529 14th St., NW.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The Rise of the New Mercantilists: Unfair Trade Practices in the Innovation Economy". The speakers will be Rep. Artur Davis (D-AL), Robert Atkinson (ITIF), and Julie Hedlund (ITIF). RSVP to Torey Liepa at tliepa at itif dot org. Breakfast will be served. Location: Room 122, Cannon Building, Capitol Hill.

9:30 - 11:00 AM. The Institute for Policy Innovation (IPI) will host an event titled "An Analysis of EU Trade Policy". The speakers will include Syed Kamall (Member of the European Union Parliament), George Pieler (IPI), and Jens Laurson (Editor-in-Chief of the International Affairs Forum). RSVP to Sonia Blumstein at 205-620-2087 or soniab at ipi dot org. Location: 1st Amendment Lounge, National Press Club, 13th floor, 529 14th St. NW.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda again includes consideration of an "Authorization of Subpoenas in Connection with Investigation of Legal Basis for Warrantless Wiretap Program", consideration of S 1145 [PDF | LOC | WW], the "Patent Reform Act of 2007", and consideration of the nomination of Leslie Southwick to be a Judge of the U.S. Court of Appeals (5thCir). The SJC rarely follows its published agenda. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Ways and Means Committee's Subcommittee on Social Security will hold a hearing titled "Protecting the Privacy of the Social Security Number from Identity Theft". See, notice. Location: Room B-318, Rayburn Building.

1:00 PM. The House Foreign Affairs Committee's Subcommittee on Trade will hold a hearing on "HR __, the "Overseas Private Investment Corporation Reauthorization Act of 2007". Location: Room 2255, Rayburn Building.

2:00 PM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Civil Rights Division Oversight". The witnesses will be Wan Kim (Assistant Attorney General in charge of the DOJ's Civil Rights Division), Wade Henderson (Leadership Conference on Civil Rights), Brian Landsberg (McGeorge School of Law), Helen Norton (University of Maryland law school). See, notice. Location: Room 226, Dirksen Building.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Enforcement of U.S. Patent Laws Against International Activities: The Blackberry Case and Beyond". The speakers will be Joshua Turner, Karl Renner (Fish & Richardson), and Kevin Anderson (Wiley Rein). The price to attend ranges from $50 to $125. See, registration form [PDF]. Registrations are due by 5:00 PM on June 19. Location: Wiley Rein, 1776 K St., NW.

TIME? The Center for Democracy and Technology (CDT) will host an event titled "Taxing the Internet: How Long Should the Moratorium Last?" The speakers will be Jeffrey Arnold (National Association of Counties), Brian Bieron (eBay), Bartlett Cleland (Institute for Policy Innovation), Broderick Johnson (Don'tTaxOurWeb.org Coalition), and David Quam (National Governors Association). For more information, contact Tim Lordan at tim at netcaucus dot org or 202-638-4370. Location: __.

Day one of a seven day conference of the American Library Association (ALA) will hold its annual convention. See, notice. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

Friday, June 22

The House will meet at 9:00 AM for legislative business. See, Rep. Hoyer's weekly calendar [PDF].

12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "The Effect of Supreme Court Decisions on Patent Reform Legislation". The panel will address eBay v. MercExchange, MedImmune v. Genentech and KSR v. Teleflex. The speakers will include John Duffy (George Washington University Law School), Andy Culbert (Microsoft), Phillip Johnson (Johnson & Johnson), John Squires (Goldman Sachs), and John Whealan (USPTO, currently working for the Senate Judiciary Committee). Lunch will be served. See, notice. Location: Room B369, Rayburn Building, Capitol Hill.

5:00 PM. Deadline to submit to the Office of the U.S. Trade Representative (OUSTR) petitions to modify the list of products that are eligible for duty free treatment under the Generalized System of Preferences (GSP) program. See, notice in the Federal Register, May 21, 2007, Vol. 72, No. 97, at Pages 28527-28528.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) on a wide range of patent issues. The USPTO seeks comments on various priority of invention issues, the prior art effective date of a published application or granted patent, the scope of prior art effect of published patent applications, the one year grace period, geographical restrictions that limit the definition of prior art, the public use or on sale bar, the experimental use exception to prior art, prior user rights, assignee filing of applications, and the 18 month publication of patent applications. See, notice in the Federal Register, May 3, 2007, Vol. 72, No. 85, at Pages 24566-24569. The deadline to submit comments is June 22, 2007.

Deadline to submit applications for membership on the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Council (HSINAC). See, notice in the Federal Register, May 8, 2007, Vol. 72, No. 88, at Page 26138.

Monday, June 25

9:00 AM - 5:00 PM. The President's Council of Advisors on Science and Technology (PCAST) will meet. The agenda includes "presentations on applications of nanotechnology, with specific examples of nanotechnology-based innovation and commercialization across a range of products and industries". See, notice in the Federal Register, June 6, 2007, Vol. 72, No. 108, at Pages 31326-31327. Location: Room 1235, National Science Foundation, 4201 Wilson Boulevard, Arlington, Virginia.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Verizon v. Vonage, App. Ct. No. 2006-M830. See, story titled "Federal Circuit Issues Stay of Injunction in Verizon v. Vonage" in TLJ Daily E-Mail Alert No. 1,569, April 24, 2007. Location: Courtroom 203.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Introduction to Satellite Regulation". The speakers will be Jennifer Manner (Mobile Satellite Ventures), Diane Cornell (Inmarsat), Susan Eid (DirecTV), Joslyn Read (SES New Skies), Jennifer Warren (Lockheed Martin), and Tony Lin (Pillsbury Winthrop Shaw Pittman). For more information, conntact Chris Fedeli at chrisfedeli at dwt dot com or Carolyn Roddy at croddy at sia dot org. Location: Wiley Rein, 1776 K St., NW.

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