7/17. Sen. Patrick Leahy (D-VT) and Sen. Ted Kennedy (D-MA) introduced S 1814 [LOC | WW], the "Health Information Privacy and Security Act of 2007" or "HIPSA". See also, Sen. Leahy's section by section summary of the bill.

Sen. Leahy explained the need for this bill. He said that "The explosion of electronic health records, digital databases and the Internet is fueling a growing supply and demand for Americans' health information. The ability to easily access this information electronically, often by the click of a mouse, or a few key strokes on a computer, can be very useful in providing more cost-effective health care. But, the use of advancing technologies to access and share health information can also lead to a loss of personal privacy." See, Congressional Record, July 17, 2007, at Page S9500.

He continued that "In the Information Age, the traditional right and expectation of confidentiality between patient and doctor is at great risk. Without adequate safeguards to protect health privacy, many Americans will simply not seek the medical treatment that they need, nor agree to participate in health research, because they fear that their sensitive health information will be disclosed without then consent or knowledge. And those who do seek medical treatment must assume the risk of the unauthorized disclosure of their health information due to a data security breach or other privacy violation."

Sen. Leahy said that this bill provides that individuals have "the right to inspect and copy his or her own health records and to receive notice of the privacy rights and practices of data brokers and others who store this information in electronic database". It further would require that "data brokers establish safeguards to secure health information from data security breaches and other unauthorized disclosures".

He also said that the bill would prohibit the "disclosure or use of health information without a patient's authorization". It would also require that "any health information intended to be used for medical research first be stripped of personally identifying information to protect an individual's privacy".

The bill also provides a civil cause of action for the Department of Justice, state Attorneys General, and for individuals, for violations. Individuals could recover compensatory damages or liquidated damages of $5,000. The bill also provides for punitive damages. The bill also creates criminal penalties for violation.

While the bill provides privacy protections in the commercial context, it also provides for government access to health records. As with most existing or proposed laws that regulate commercial acquisition and use of personal information, this bill contains broad law enforcement and intelligence exceptions.

Under this bill, disclosure to a law enforcement agency would require a court order, but the standard would be minimal. The agency seeking the information would merely have to show that the information sought is "relevant and material to an ongoing criminal investigation" and that "the law enforcement need for the information outweighs the privacy interest of the individual". The bill also provides for no notice orders.

Under this bill, disclosure to an intelligence or national security agency would be made "otherwise by law", which is likely intended as a reference to various provisions of Title 50.

The law enforcement and intelligence exceptions of this bill are designated as § 215, perhaps ironically. It was § 215 of the 2001 PATRIOT Act that expanded government access to business records under the Foreign Intelligence Surveillance Act (FISA), which is codified in Title 50.

The bill also contains numerous other exceptions. Records holders could disclose information to public health agencies, to report neglect or abuse, for the purposes of oversight and judicial investigation, and for emergency purposes (including both emergencies involving the subject of the records, and third parties).

With respect to preemption, the bill provides that "Nothing in this Act shall be construed to preempt or modify any provisions of State statutory or common law to the extent that such law concerns a privilege of a witness or person in a court of that State. This Act shall not be construed to supersede or modify any provision of Federal statutory or common law to the extent such law concerns a privilege of a witness or entity in a court of the United States. Authorizations pursuant to section 202 shall not be construed as a waiver of any such privilege."

The bill was referred to the Senate Committee on Health, Education, Labor, and Pensions. Sen. Kennedy is the Chairman.

7/19. The House Agriculture Committee amended and approved HR 2419 [LOC | WW], the "Farm Bill Extension Act of 2007". This is a huge bill that is largely unrelated to technology. However, the Committee approved an amendment offered by Rep. Zack Space (D-OH) pertaining to the U.S. Department of Agriculture's (USDA) Rural Utilities Service's (RUS) loans for broadband services.

Rep. Collin Peterson (D-MN), the Chairman of the Committee, introduced the underlying bill on May 22, 2007.

Rep. Space released a summary of the broadband loan provisions of the bill, as amended by his amendment. First, he stated that "The USDA loan program has been abused by wealthy developments that are not truly underserved rural areas. This legislation will close that loophole, making more funds available to areas truly in need of financial assistance."

Second, he wrote that "the USDA requires an applicant company to possess 20% of the loan equity on hand when applying. This legislation would lower that requirement to 10% for areas where 40% of residents are unserved. This legislation would also require the USDA to reduce the paperwork burden and conduct outreach to underserved areas with information about the program."

He wrote that "This bill would ban USDA loans into areas already serviced by 3 or more providers."

He also wrote that the amortization periods for loans would be increased from 10 or 15 years to 35 years.

Finally, he stated that the bill would increase the number of companies eligible for financial assistance. HE explained that "Current legislation forbids loans to companies with over 2% of the nation’s subscriber lines.  This bill would eliminate the 2% rule altogether, but stipulate that only 10% of the funds made available for the loan program would be available to providers with more than 10% of the nation’s subscriber lines, and providers with between 2% and 10% of the nation’s subscriber lines would have access to only 40% of the funds made available for the program."

Kyle McSlarrow, head of the National Cable & Telecommunications Association (NCTA), praised the amendment in a release. He said that this amendment ensures "that the USDA's Rural Utilities Service Broadband Loan Program is better targeted to communities that currently do not have access to broadband service. This week's markup demonstrates important progress in the effort to reform the RUS Broadband Loan Program."

Walter McCormick, head of the USTelecom, stated in a release that "We appreciate Congressman Space's leadership on this important amendment to help spur broadband deployment in unserved areas. The amendment will help achieve the goal of universal broadband service by extending the amortization period for broadband loans, reducing burdensome paperwork requirements, addressing loan security requirements and providing additional congressional oversight of the program."

7/20. Eric Schmidt, CEO of Google, sent a short letter [PDF] to Kevin Martin, Chairman of the Federal Communications Commission (FCC), and to the other FCC Commissioners, in which he addressed the FCC's proceedings regarding the promulgation of rules governing the upcoming 700 MHz spectrum auction. He wrote that Google would bid if the FCC would impose certain license conditions that it requests.

Google submitted a comment [9 pages in PDF] to the FCC on July 9, 2007, in which it stated that "the FCC must include open platforms as part of the applicable licensing requirements for paired commercial blocks in the Upper 700 MHz Band. In particular, as a means of stimulating both ``first order´´ and ``second order´´ broadband competition, the Commission should extend to all CMRS-type spectrum licensees the obligation to provide (1) open applications, (2) open devices, (3) open services, and (4) open access."

Schmidt wrote in his July 20 letter that "We hereby inform you that, should the Commission expressly adopt the four license conditions requested in our July 9th letter -- with specific, enforceable, and enduring rules -- Google intends to commit a minimum of $4.6 billion to bidding in the upcoming auction."

Google explained its four conditions in its July 9 comment. It wrote that its "open applications" means that "the wireless service provider shall not block or otherwise inhibit the ability of end users to download and utilize applications".

Google proposed that the FCC adopt a licensing condition that provides that "all commercial licensees seeking to provide a CMRS-type commercial service using 700 MHz spectrum must not block, impair, impede, or otherwise unreasonably limit the ability of end users to download and utilize software applications."

Second, Google wrote that its "open devices" condition means that "the wireless service provider shall not lock individual handsets to specific wireless networks".

It proposed that the FCC adopt a licensing condition that provides that "all commercial licensees seeking to provide a CMRS-type commercial service using 700 MHz spectrum must allow end users to utilize lawful handsets in conjunction with their CMRS service."

Third, Google wrote that its "open services" condition means that "a third party service provider is able to acquire wireless service on a wholesale basis, at commercially reasonable rates, terms and conditions".

It proposed that the FCC adopt a licensing condition that provides that "all commercial licensees seeking to provide a CMRS-type commercial service using 700 MHz spectrum must provide wholesale service to requesting resellers, based on reasonably nondiscriminatory commercial terms and conditions."

Finally, Google wrote that its "open access" or "open networks" condition is similar to the FCC's Computer Inquiry requirement that "whereby local exchange carriers (LECs) must allow Internet service providers (ISPs) to interconnect with last-mile networks in order to provide an information service. The key distinction here is that facilities-based ISPs would be required to interconnect their own network facilities with the last-mile towers of the wireless providers. The ISPs then would purchase or lease discrete blocks of network capacity and provide a competing retail service."

It proposed that the FCC adopt a licensing condition that provides that "all commercial licensees seeking to provide a CMRS-type commercial service in the Upper 700 MHz spectrum must open their networks to interconnect with any third party, such as an ISP or CLEC, at any reasonable point in the wireless network."

In addition, Google published a statement in its web site on July 20 by its Chris Sacca.

Sacca wrote that "In the U.S., wireless spectrum for mobile phones and data is controlled by a small group of companies, leaving consumers with very few service providers from which to choose."

After summarizing Google four licensing conditions, he wrote continued that "The FCC is currently considering draft rules for the auction, and the reports we've heard are that those rules include some -- but not all four -- of the openness conditions that we and consumer groups support. While any embrace of open platforms is welcome, only if the FCC adopts all four principles will we see the genuinely competitive marketplace that Americans deserve. In particular, guaranteeing open services and open networks would ensure that entrepreneurs starting new networks and services will have a fair shot at success, in turn giving consumers a wider choice of broadband providers."

He added that Google has committed at least $4.6 Billion because this is the "the reserve price that FCC has proposed for the auction", but that Google expects that if the FCC were to adopt Google's four principles, then there would be "much higher bids".

The FCC's proceeding numbers are WC Docket No. 06-150, WC Docket No. 06-129, PS Docket No. 06-229, and WT Docket No. 96-86.

7/19. Ben Bernanke, Chairman of the Federal Reserve Board (FRB), testified before the Senate Banking Committee (SBC) on Thursday, July 19, and before the House Financial Services Committee on Wednesday, July 18, 2007. See, prepared testimony. He also presented the FRB's Monetary Policy Report to the Congress [31 pages in PDF]

Bernanke (at right) wrote in his prepared testimony that "Overall, the U.S. economy appears likely to expand at a moderate pace over the second half of 2007, with growth then strengthening a bit in 2008 to a rate close to the economy’s underlying trend."

The Monetary Policy Report contains details about technology related sectors of the economy.

First, the report addresses developments in productivity and the use of information technology. It states that "Gains in labor productivity have slowed lately." It continues that "output per hour in the nonfarm business sector rose just 1 percent over the year ending in the first quarter of 2007, down from the pace of 2 percent per year recorded over the preceding two years (and down from much larger increases in the first half of the decade)." (Parentheses in original.)

The FRB report explains that "The slowing in productivity was associated with the deceleration in output and thus was probably, at least in part, a temporary cyclical phenomenon. Indeed, the fundamental forces that in recent years have supported a solid uptrend in underlying productivity -- the driver of real wage gains over time -- remain in place. They include the rapid pace of technological change and firms' ongoing efforts to use information technology to improve the efficiency of their operations.

It adds that "Increases in the amount of capital, especially high-tech capital, available to each worker also appear to be providing considerable impetus to productivity growth."

Second, the report addresses business investment in equipment and software (E&S), and the impact of the release of Microsoft's Vista operating system.

It states that "solid gains in real outlays on equipment and software seem likely in light of the anticipated expansion in business output, continuing strong profits, and generally favorable financial conditions. Opportunities to realize significant gains in efficiency by investing in high-tech equipment should provide ongoing support to equipment spending as well."

It elaborates that "Within the major components of E&S, real spending on high-tech equipment expanded at an annual rate of more than 20 percent in the first quarter of 2007 because of both a surge in outlays on computers after the release of a major new operating system and a spurt in investment in communications gear."

Finally, the FRB report addresses international technology related trade. It states that "Despite continued solid foreign economic expansion and persisting stimulus from earlier declines in the dollar, the growth of real exports of goods and services slowed to an annual rate of less than 1 percent in the first quarter from its exceptionally strong pace of more than 10 percent in the fourth quarter. The slowdown was particularly evident in sales of capital goods -- especially aircraft and computers".

Regarding imports, the report states that "After falling at an annual rate of 2½ percent in the fourth quarter, real imports of goods and services rose at a 5½ percent rate in the first quarter." It adds that imports of computers and semiconductors accelerated.

7/19. Chris Cox, the Chairman of the Securities and Exchange Commission's (SEC), gave a speech in Los Angeles, California, titled "Integrity in the Municipal Market". He called for limited federal legislation regulating municipal bond markets. He suggested that the Congress set disclosure requirements for municipal borrowers. Moreover, Cox said that he envisions use of the internet and interactive data in this disclosure process.

Cox (at left) said that circumstances have changed since the securities regulation regime was created over 70 years ago, when the municipal bond market was small, and dominated by institutional investors.

He said that now, "Fully 36% of all municipal securities are owned directly by households. And up to another one-third of the total municipal market is held indirectly through money market funds, mutual funds, and closed-end funds." However, the municipal market is not regulated like the corporate securities market.

He continued that "Adherence to the Governmental Accounting Standards Board's standards by all issuers of municipal securities is just as important as adherence to the Financial Accounting Standards Board's standards by all corporate issuers. But under current law, the Commission does not have the same authority to require the use of proper accounting standards by municipal issuers that it does for issuers of corporate securities."

"The best way to address the problems and needs of municipal securities investors in a coherent manner is through legislation", said Cox. But, he added, "Nor do I believe it would be appropriate for the Commission to review the disclosure documents of municipal issuers as it does those of public companies."

He suggested that the Congress could "establish a limited regulatory regime designed expressly for the needs of the municipal market. That limited regulation should be focused on ensuring that investors in primary offerings receive the information they need, prior to the sale -- at the time they make their decision to invest."

He elaborated that "model legislation might provide that the offering documents and periodic reports provided to investors contain information similar to what they're accustomed to seeing for all of the other securities they own."

Moreover, "It could focus on making this information available on a more timely basis, for example, by tapping the power of the Internet to provide an easily accessible, free source for the display of that information, similar to the SEC's EDGAR system."

And, it "could mandate municipal issuer use of generally accepted governmental accounting standards."

He also suggested that municipal borrowers could create interactive data through the use of XBRL. See, SEC's web site on interactive data. This is an entirely voluntary program.

Cox said in his Los Angeles speech that "some of the improvements we're seeking can be accomplished without either new legislation or new regulation. For example, when it comes to insuring that disclosure is timely, there are impressive private sector efforts underway to tap the power of technology to enable real-time financial reporting. The international consortium that is developing the open-source XBRL standard to make both textual disclosure and financial statement disclosure interactive holds great promise not just for the corporate market, but for the municipal market as well."

He added that "U.S. municipal issuers should consider the benefits of using XBRL in order to reduce their costs of disclosure, to stay competitive in the capital markets of the 21st century, and to insure that they're getting the best information to their investors in the most timely and useful way. Greater use of interactive data in the municipal market will benefit municipal issuers and investors alike."

7/17. Fred Fielding, counsel to President Bush, sent a letter to Sen. Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee (SJC), regarding the SJC's subpoena for records pertaining to an extra judicial electronic surveillance program operated by the National Security Agency (NSA).

Sen. Leahy issued subpoenas on June 27, 2007, to the Department of Justice (DOJ), the Office of the White House, the Office of the Vice President, and the National Security Council (NSC). He set a return date of July 18, 2007.

See, stories titled "Senate Judiciary Committee Subpoenas President, VP, DOJ and NSC Regarding Warrantless Electronic Surveillance" in TLJ Daily E-Mail Alert No. 1,604, June 29, 2007, and "Senate Judiciary Committee Authorizes Issuance of Subpoenas Directed at Bush Administration Regarding Surveillance" in TLJ Daily E-Mail Alert No. 1,599, June 21, 2007.

Fielding wrote to Sen. Leahy that "Pursuant to our telephone conversation of this date, I write in response to your letters of June 27, 2007, to the National Security Council Legal Adviser and General Counsel, to the Attorney General and to me."

He continued that "Your letters attach subpoenas from the Senate Judiciary Committee seeking material relating to any ``program or programs of warrantless electronic surveillance´´ (``the Program´´) instituted following the terrorist attacks on our Nation on September 11, 2001. The subpoenas cover the period from September 11, 2001 to the present, and they demand a wide range of materials, including both classified and unclassified documents. Since June 27, we have been working diligently to assess your requests and identify and collect documents responsive to the subpoenas. However, it has become clear that we will not be able to come close to completing our review process by the July 18 return date." (Parentheses in original.)

He concluded that "We therefore respectfully request that the Committee extend the return dates on its June 27 subpoenas for a length of time sufficient to accomplish such a more exhaustive review and respectfully propose that members of our staffs consult on this need, in order to determine a new prospective return date for providing responses."

Sen. Leahy received a similar letter from Shannen Coffin, counsel to Vice President Cheney.

Sen. Leahy issued a release in which he stated that "The Judiciary Committee is willing to accommodate reasonable requests and to work with the Administration on its response to these subpoenas. I hope the White House uses this additional time constructively to finish gathering the relevant information and then works with us in good faith on ways to provide it so that we will have the information we need to conduct effective oversight at long last."

"Congressional oversight is necessary to determine whether this Administration has conducted itself appropriately in carrying out and defending the President's warrantless surveillance program. The Judiciary Committee’s inquiry into the legal justification for the surveillance program is essential to performing its legislative and constitutional oversight responsibilities."

7/19. On July 18, 2007, the House Judiciary Committee (HJC) amended and approved HR 1908 [LOC | WW] , the "Patent Reform Act of 2007". Also, on July 19, 2007, the Senate Judiciary Committee (SJC) amended and approved S 1145 [LOC | WW], also titled the "Patent Reform Act of 2007".

(This article is a brief summary. TLJ is working on fuller coverage of these two mark ups.)

House Bill. Rep. Howard Berman (D-CA) and others introduced HR 1908 on April 18, 2007. The bill as introduced, was identical to S 1145, as introduced. See, stories titled "Patent Reform Act of 2007 Introduced", "Reaction to the Patent Reform Act of 2007", and "Summary of Patent Reform Act of 2007" in TLJ Daily E-Mail Alert No. 1,567, April 19, 2007.

The HJC's Subcommittee on Courts, the Internet, and Intellectual Property (SCIIP) approved the bill without amendment on May 16, 2007. See, story titled "House Subcommittee Approves Patent Bill" in TLJ Daily E-Mail Alert No. 1,582, May 16, 2007.

On July 18, the HJC took up HR 1908 as introduced. The HJC considered an amendment in the nature of a substitute (ANS) [65 pages in PDF] offered by Rep. Berman and others. It also considered numerous second decree amendments to the ANS. It approved some, while others were rejected or withdrawn.

The HJC approved an amendment [2 pages in PDF] offered by Rep. Adam Schiff (D-CA) regarding inequitable conduct.

The HJC approved an amendment [3 pages in PDF] offered by Rep. Zoe Lofgren (D-CA) regarding venue.

The HJC rejected an amendment offered by Rep. Chabot that would have eliminated the best mode requirement.

The HJC approved an amendment [2 pages in PDF] offered by Rep. Mike Pence (R-IN) removing best mode as a litigation defense.

The HJC approved an amendment [1 page in PDF], and a second amendment [1 page in PDF], offered by Rep. Sheila Lee (D-TX), that would require studies.

The HJC rejected an amendment offered by Rep. Chabot that would have eliminated the defense of inequitable conduct.

The HJC approved an amendment offered by Rep. Johnson regarding damages.

The HJC approved an amendment [4 pages in PDF] offered by Rep. Rick Boucher (D-VA) that prohibits the patenting of tax planning methods.

Rep. Tammy Baldwin (D-WI) offered, but withdrew, an amendment [2 pages in PDF] that would require a study regarding prior user rights.

Rep. Schiff offered, but withdrew, an amendment regarding due diligence.

The HJC then approved the ANS as amended by various second degree amendments. It then approved the bill as amended by the ANS. All HJC votes were voice votes.

Senate Bill. Sen. Patrick Leahy (D-VT) and others introduced S 1145 on April 18, 2007. While the SJC has held several executive business meetings at which it started to mark up S 1145, it did not proceed to a full mark up until July 19. It actually held several meetings throughout the day, due to its usual problems with obtaining and maintaining a quorum of members.

The SJC first approved an amendment in the nature of a substitute (ANS) [62 pages in PDF], and a manager's amendment [7 pages in PDF]

The SJC did not approve an amendment [8 pages in PDF] offered by Sen. Hatch and Sen. Specter regarding inequitable conduct.

Instead, the SJC approved an amendment [3 pages in PDF] offered by Sen. Leahy regarding inequitable conduct.

The SJC approved an amendment [3 pages in PDF] offered by Sen. Kennedy regarding late filings with the USPTO.

The SJC rejected an amendment [2 pages in PDF] offered by Sen. Specter regarding best mode.

The SJC approved an amendment [3 pages in PDF] offered by Sen. Sessions regarding patents on check imaging methods.

Sen. Coburn offered, but withdrew, an amendment [7 pages in PDF] that would address the problem of diversion of USPTO fees.

The SJC rejected a pair of amendments offered by Sen. Kyl regarding damages.

The SJC rejected an amendment [PDF] offered by Sen. Coburn regarding a study of post grant reviews.

The SJC then approved the bill as amended by a roll call vote of 13-5.

The House will not meet.

9:30 AM - 12:00 NOON. The Center for Democracy and Technology (CDT) and the Federal Trade Commission (FTC) will host an exhibit event titled "Safe Computing Town Hall Open House". For more information, contact Tim Lordan or Danielle Yates at 202-638-4370. Location: Room HC-8, Capitol Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Legislative Committee will host a brown bag lunch titled "House, Senate and FCC Ethics Rules". For more information, contact Paula Timmons at paula dot timmons at mycingular dot blackberry dot net. Location: National Association of Broadcasters, 1771 N St., NW.

2:00 - 3:00 PM. The Cato Institute will host a panel discussion titled "Funding the REAL ID Act: Improved Homeland Security or More Washington Waste?". The speakers will be David Williams (Citizens Against Government Waste), Andrew Moylan (National Taxpayers Union), and Jim Harper (Cato). See, notice and registration page. Location: Room 342, Dirksen Building.

Effective date of the Federal Communications Commission's (FCC) rules changes that implement The Broadcast Decency Enforcement Act of 2005 (Public Law No. 109-235), which increases the maximum forfeiture penalties for obscene, indecent, and profane broadcasts from $32,500 to $325,000. This item is FCC 07-94. The FCC adopted its on May 17, 2007, and released it on June 1, 2007. See also, notice in the Federal Register, June 20, 2007, Vol. 72, No. 118, at Pages 33913-33914.

The House will meet at 10:30 AM.

10:00 AM - 5:00 PM. Day one of a four day hearing of the Copyright Office (CO) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, notice in the Federal Register, May 23, 2007, Vol. 72, No. 99, at Pages 28998-29000. Location: Copyright Office Hearing Room, 4th Floor, Madison Building, 101 Independence Ave., SE.

12:00 NOON - 1:45 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Internet Protocol and Broadband Technology -- Working for Public Safety". The speakers will be Rob Atkinson (ITIF), Jon Peha (Carnegie Mellon University), Steve Correll (National Law Enforcement Telecommunication System), James Craige (Alexandria, Virginia Police Department), Mark Grady (Indiana 911 Project), Dean Hairston (Danville, Virginia Police Department), and Robert LeGrande (District of Columbia). Lunch will be served. See, registration page. Location: Room 1205, Rayburn Building.

12:30 PM. Mel Karmazian (CEO of Sirius Satellite Radio) will give a speech. Location: Ballroom, National Press Club, 13th floor, 529 14th St., NW.

LOCATION CORRECTION. 8:30 - 10:30 AM. The Copyright Alliance (CA) will host an event titled "Creators and Innovators: Advancing Consumer Interests in the Digital Age". Sen. Gordon Smith (R-OR), Chairman of the Senate Republican High Tech Task Force, will speak. The other speakers will be Christopher Amenita (ASCAP Enterprises Group), Matt Robinson (Attributor), and Jay Rosenthal (Berliner Corcoran & Rowe). Patrick Ross (CA) will moderate. For more information, contact Gayle Osterberg at 202-669-0689 or gayle at 133publicaffairs dot com. Breakfast will be served at 8:00 AM. Location: Room SC-6, Capitol Building.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Oversight of the Federal Communications Commission -- Part 2". Location: Room 2123, Rayburn Building.

9:30 AM. The Senate Judiciary Committee (SJC) will hold an oversight hearing on the Department of Justice (DOJ). Location: Room 216, Hart Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Protecting Children on the Internet". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on the nomination of Jim Nussle to be Director of the Office of Management and Budget (OMB). See, notice. Location: Room 342, Dirksen Building.

10:00 AM - 5:00 PM. Day two of a four day hearing of the Copyright Office (CO) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, notice in the Federal Register, May 23, 2007, Vol. 72, No. 99, at Pages 28998-29000. Location: Copyright Office Hearing Room, 4th Floor, Madison Building, 101 Independence Ave., SE.

12:00 NOON - 1:30 PM. The Alliance for Public Technology (APT) will host a brown bag lunch titled "Broadband Changed My Life: Benefits for Seniors and People with Disabilities". The speakers will be Joy Howell (APT), Jenifer Simpson (American Association of People with Disabilities), and Daniel Wilson (National Caucus and Center on Black Aged). RSVP to apt at apt dot org or 202-263-2970. Location: Benton Foundation, 11th Floor, 1625 K St., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "The ABCs or IP: A Primer on Patent, Copyright, and Trademark Law". The speakers will be Janet Fries (Drinker Biddle & Reath, on copyright), Steven Warner (Fitzpatrick Cella Harper & Scinto, on patent), Gary Krugman (Sughrue Mion, on trademark), and Maureen Browne (Heller Ehrman, moderator). See, notice. For more information, call 202-626-3463. The price to attend ranges from $10-$15. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

1:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold an oversight hearing titled "Privacy in the Hands of the Government: The Privacy and Civil Liberties Oversight Board and the Privacy Officer for the U.S. Department of Homeland Security". The members of the Privacy and Civil Liberties Oversight Board (PCLOB) are Carol Dinkins, Alan Charles Raul, Ted Olson, and Francis Taylor. The head of the Department of Homeland Security's (DHS) Privacy Office is Hugo Teufel. See, notice. Location: Room 2237, Rayburn Building.

Deadline to submit responses or oppositions to the Federal Communications Commission (FCC) regarding its review of the proposed merger of XM Satellite Radio Holdings and Sirius Satellite Radio. See, Public Notice [5 pages in PDF] (DA 07-2417).

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee will meet. See, notice in the Federal Register: July 6, 2007, Vol. 72, No. 129, at Page 36955. The agenda includes elections, "INFOSEC TWG Briefing", "IPMI and Remote Server Management", "MIMO Technology Overview", "Aggregation Technology", "Commercial Encryption Issues", "Introduction of (DRAFT) ISTAC Proposals for Wassenaar Arrangement 2008 List Review", and "Discussion: Comprehensive Review of Commerce Control List". Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

10:00 AM. The Senate Finance Committee will meet to consider several pending nominations, including David McCormick to be Under Secretary for International Affairs, at the Department of the Treasury. See, notice. Location: Room 215, Dirksen Building.

10:00 AM - 5:00 PM. Day three of a four day hearing of the Copyright Office (CO) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, notice in the Federal Register, May 23, 2007, Vol. 72, No. 99, at Pages 28998-29000. Location: Copyright Office Hearing Room, 4th Floor, Madison Building, 101 Independence Ave., SE.

2:30 PM. The Senate Commerce Committee's (SCC) Subcommittee on Interstate Commerce, Trade and Tourism will hold a hearing titled "U.S. Trade Relations with China". See, notice. Location: Room 253, Russell Building.

11:00 AM. The Cato Institute will host a panel discussion titled "America's High-Stakes Response to the WTO Internet Gambling Dispute". The speakers will be Mark Mendel (counsel for Antigua and Barbuda), John Jackson (Georgetown University Law Center), and Sallie James (Cato). See, notice. Lunch will be served after the program. Location: Cato, 1000 Massachusetts Ave., NW.

6:30 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Cathy Hilke at chilke at wileyrein dot com. Location: Firefly, 1310 New Hampshire Ave., NW.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee will hold a closed meeting. See, notice in the Federal Register: July 6, 2007, Vol. 72, No. 129, at Page 36955. Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:30 AM - 12:45 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Legal Cybersleuth's Guide to Investigative Research". The speakers will be Carole Levitt and Mark Rosch of Internet For Lawyers" . See, notice. For more information, call 202-626-3488. The price to attend ranges from $80-$115. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

10:00 AM - 12:00 NOON. The House Science Committee will hold a hearing titled "The Globalization of R&D and Innovation, Pt. II: The University Response". The witnesses will be David Skorton (Cornell University), Philip Altbach (Boston College), Gary Schuster (Georgia Institute of Technology), and Mark Wessel (Heinz School of Public Policy and Management). Press contact: Alisha Prather at alisha dot prather at mail dot house dot gov or 202-225-6375, or Brandis Griffith at brandis dot griffith at mail dot house dot gov. Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Preparing Consumers for the Digital Television Transition". See, notice. Location: Room 253, Russell Building.

10:00 AM - 5:00 PM. Day four of a four day hearing of the Copyright Office (CO) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, notice in the Federal Register, May 23, 2007, Vol. 72, No. 99, at Pages 28998-29000. Location: Copyright Office Hearing Room, 4th Floor, Madison Building, 101 Independence Ave., SE.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing on the Internet Tax Freedom Act. See, notice. Location: Room 2141, Rayburn Building.

1:45 - 5:00 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "An A to Z Guide to Tech Tools, Terms & Tips for Lawyers". The speakers will be Carole Levitt and Mark Rosch of Internet For Lawyers" . See, notice. For more information, call 202-626-3488. The price to attend ranges from $80-$115. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

5:00 PM. The National Science Foundation (NSF) will host a closed meeting, on site and by teleconference, regarding an Office of the Inspector General report. See, notice in the Federal Register, July 18, 2007, Vol. 72, No. 137, at Page 39467. Location: National Science Board Office, NSF, 4201 Wilson Blvd., Arlington, VA.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its request to refresh the record of its 2001 Further Notice of Proposed Rulemaking (FNPRM) regarding "the status of the market for the provision of telecommunications services in Multiple Tenant Environments (MTEs), and on whether the prohibition on exclusive access contracts in commercial MTEs should be extended to residential MTEs". See, notice in the Federal Register, May 30, 2007, Vol. 72, No. 103, at Pages 29928-29929. This item is DA 07-1485 WT Docket No. 99-217 and CC Docket No. 96-98.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its Draft Special Publication 800-38D [29 pages in PDF] titled "Recommendation for Block Cipher Modes of Operation: Galois/Counter Mode (GCM) for Confidentiality and Authentication".

7/19. Chester Spatt, the Securities and Exchange Commission's (SEC) Chief Economist and Director of the SEC's Office of Economic Analysis (OEA), will leave the SEC at the end of July. He will return to Carnegie Mellon University as a professor at its Tepper School of Business. See, SEC release.

7/19. The Federal Communications Commission (FCC) announced that it will hold another public meeting regarding regulation of ownership of media. See, FCC release [PDF]. This one will be in Chicago, Illinois.

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