9/5. Securities and Exchange Commission (SEC) Commissioner Kathleen Casey gave a speech in Ft. Worth, Texas, in which she discussed internet based securities fraud.

She said that "The internet has ushered in a new age of access to information and the marketplace for investors. But it has also ushered in ever more sophisticated tools for would be fraudsters and swindlers to hack, pump and intrude their way to riches. They may be dressed up differently, but their frauds are ages old."

Casey (at right) said that "almost 100 years after Ponzi first schemed, despite the enactment of several major laws, the creation of the SEC, the hiring and training of thousands of investigators and prosecutors, and the proliferation of investor education and alerts, Ponzi's scheme survives. Perhaps the internet or other new technologies have made it possible to disguise these schemes or employ ever more enticing sales pitches; perhaps it's the greater access to the marketplace brought about by the internet".

More recently, she continued, "telemarketers and blast-faxers got in on the pump and dump game, urging investors to jump at the chance to buy sometimes worthless stock. The internet has allowed for spammers to take advantage of cheap and anonymous mass mailings of fraudulent inducements to buy worthless stock."

She also discussed the SEC's campaign titled "Operation Spamalot". See, SEC release of March 8,. 2007, and story titled "SEC Suspends Trading in 35 Companies Touted by Spam" in TLJ Daily E-Mail Alert No. 1,552, March 14, 2007.

Finally, she discussed internet account intrusions. She noted that the SEC's internet enforcement group is led by John Stark. She said that "John's group was among the first to discover a new trend in internet-based fraud that has been dubbed the ``intrusion´´ cases."

She continued that "In these cases the perpetrator, sometimes affiliated with a foreign crime syndicate, hacks into an online brokerage account and places purchase orders for large blocks of relatively obscure or lightly traded stocks. The perpetrator then places sell orders for this same stock in his own account, quickly posting thousands of dollars in paper gains. The owner of the intruded account is left with a depleted bank account and shares of worthless stock. Although this fraud relies on computers, the internet, and spyware, it is, at its root, plain theft -- and there's nothing new about that."

She added that "John's group has been quick to work with online brokerages to detect these intrusions, secure freezes before much of the money leaves the country, and support our litigation team in obtaining the default judgments that often resolve these cases."

She also said that the SEC's Enforcement Division has "been working with the online brokerage firms to help avoid intrusions in the future; hopefully, investors, brokerage houses, and the Commission are all getting ahead of this crime through education, enforcement, and improved security awareness."

For more information about account intrusion, see:

• October 5, 2006, speech by John Walsh, Associate Director and Chief Counsel of the SEC's Office of Compliance Inspections and Examinations, and story titled "SEC Official Addresses Online Identity Theft and Securities Fraud" in TLJ Daily E-Mail Alert No. 1,466, October 11, 2006.
• February 9, 2007, speech by SEC Chairman Chris Cox.
• Stories titled "SEC and DOJ Take Action Against Hijackers of Online Brokerage Accounts" and "SEC Pursues Second Set of Hijackers of Online Brokerage Accounts" in TLJ Daily E-Mail Alert No. 1,552, March 14, 2007.

Finally, Casey said that "we hope to soon announce the product of a long and large-scale investigation" by John Stark's group "into a market manipulation ring involving promoters, brokers and attorneys that has resulted in at least one significant indictment, with others likely to follow."

9/10. The Judicial Conference of the U.S.'s (JCUS) Court Administration and Case Management Committee published a notice in the Federal Register in which it requests comments regarding a proposal to end public access to unsealed plea agreements filed in criminal cases.

The notice provides an overview of the Public Access to Court Electronic Records (PACER) system for filing and accessing public court documents.

The notice states that "The Department of Justice has asked the Judicial Conference to restrict public Internet access to a specific type of document: Plea agreements in criminal cases".

The notice elaborates on the Department of Justice's (DOJ) argument. "The ease with which the public is able to both retrieve federal court case information from electronic case files and redistribute it electronically through the Internet has raised concerns about whether the Judiciary's policy of allowing access to all unsealed plea agreements provides a sufficient measure of safety for those defendants cooperating with law enforcement. Certain private parties or organizations have compiled lists setting forth names, locations, and descriptions of alleged cooperating witnesses and have posted them on the Internet."

In contrast, the 6th Amendment of the Constitution of the U.S. provides for "a speedy and public trial". The JCUS's notice also states that "The Judiciary has a long tradition -- rooted in both constitutional and common law principles -- of open access to public court records. Accordingly, all case file documents, unless sealed or otherwise subject to restricted access by statute or federal rule, have traditionally been available for public inspection and copying."

The PACER system already limits access to certain public records. For example, Social Security Numbers are redacted.

See, Federal Register, September 10, 2007, Vol. 72, No. 174, at Pages 51659-51660. The deadline to submit comments is 5:00 PM on October 26, 2007.

TLJ Disclosure. Electronic copies of plea agreements are one source used by Tech Law Journal to obtain information about the policies, activities and operations of the DOJ's Criminal Division, and especially its Computer Crimes and Intellectual Property Section (CCIPS), as well as about specific criminal prosecutions.

9/6. The House Homeland Security Committee (HHSC) held a hearing titled "Turning Spy Satellites on the Homeland: the Privacy and Civil Liberties Implications of the National Applications Office".

After the hearing, Rep. Bennie Thompson (D-MS), the Chairman of the HHSC, sent a letter to Michael Chertoff, the Secretary of Homeland Security, requesting "a moratorium on the program until the many Constitutional, legal and organizational questions it raises are answered".

The letter was also signed by Rep. Jane Harman (D-CA), the Chairman of the HHSC's Subcommittee on Intelligence, Information Sharing, & Terrorism Risk Assessment, and Rep. Christopher Carney (D-PA), the Chairman of the HHSC's Subcommittee on Management, Investigations & Oversight.

The three wrote that "Today's testimony made clear that there is effectively no legal framework governing the domestic use of satellite imagery for the various purposes envisioned by the Department. Without this legal framework, the Department runs the risk of creating a program that -- while well-intended -- could be misused and violate Americans' Constitutional rights. The Department's failure to include its Privacy Officer and the Civil Rights and Civil Liberties Officer before this July, almost two years after planning for the NAO began, only heightens our sense of concern. Privacy and civil liberties simply cannot remain an afterthought at the Department."

The three also asked the DHS to provide the HHSC with "the written legal framework under which the NAO will operate, the standard operating procedures (SOPs) for the NAO -- particularly those SOPs that will be used for requests by State, local, and tribal law enforcement, the privacy and civil liberties safeguards that will accompany any use of satellite imagery, and an analysis of how the program conforms with Posse Comitatus."

They concluded that "The use of geospatial information from military intelligence satellites may turn out to be a valuable tool in protecting the homeland. But until the Committee receives those written documents and has had a full opportunity to review them, offer comments, and help shape appropriate procedures and protocols, we cannot and will not support the expanded use of satellite imagery by the NAO."

Rep. Thompson wrote in his opening statement [PDF] that the HHSC did not like being "left in the dark" about this NAO program until August of 2007. He also criticized the DHS for not involving privacy and civil liberties personnel in the DHS's policy making process.

Charles Allen (DHS Chief Intelligence Officer) wrote in his prepared testimony [4 pages in PDF] that "overhead imagery from satellites -- have been used for decades, lawfully and appropriately, to support a variety of domestic uses by the US government's scientific, law enforcement and security agencies".

Hugo Teufel (DHS Chief Privacy Officer) wrote in his prepared testimony [7 pages in PDF] that "we will continue to identify privacy risks and fashion protections to mitigate or eliminate those risks".

Dan Sutherland (DHS Civil Rights and Civil Liberties Officer) wrote in his prepared testimony [9 pages in PDF] that "the NAO is creating important procedural safeguards to protect civil liberties".

Lisa Graves (Center for National Security Studies) wrote in her prepared testimony [10 pages in PDF] that the NAO potentially involves far more that just use of military satellites for taking pictures.

She said that the NAO could involve Department of Defense and National Security Agency (NSA) advanced radar, electrooptical sensors, infrared (including spectral) sensors, geophysical measures such as acoustics, and materials sensing, processing, and exploitation systems. It could include both still photography and video recording. It could also include signals intelligence, including electronic surveillance, eavesdropping, and wiretapping.

While the DHS has not detailed the likely activities and operations of the NAO, the DHS's Allen asserted that "the NAO will have no relationship or interaction with either the FISA or the Terrorist Surveillance Programs".

4th Amendment Searches and Seizures. One possible limitation upon law enforcement use of satellite imagery is the 4th Amendment of the Constitution's requirement that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." See, Bill of Rights.

While there is no Supreme Court of the U.S (SCUS) precedent on application of the 4th Amendment's warrant requirement to police use of satellites, the Court has ruled that terrestrial thermal imaging of a home to detect lamps used for growing marijuana constitutes a search within the meaning of the Fourth Amendment. See, June 11, 2001, SCUS opinion in Kyllo v. United States, 533 U.S. 27, and story titled "Supreme Court Opines on Searches" in TLJ Daily E-Mail Alert No. 206, June 12, 2001.

Gus Coldebella, the acting General Counsel of the DHS, was invited to testify at the September 6 hearing, but declined.

See, story titled "Rep. Thompson Writes Chertoff Regarding Satellite Surveillance" in TLJ Daily E-Mail Alert No. 1,627, August 23, 2007.

9/10. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register that announces, sets the various effective dates for, and recites changes to, its rules of practice to conform them to certain amendments made to the regulations under the Patent Cooperation Treaty (PCT) that took effect on April 1, 2007. The USPTO notice states that these changes "result in the addition of a mechanism to the PCT system whereby applicants may request that the right to claim priority be restored in applications that meet certain requirements. In addition, these amendments provide a means for applicants to insert a missing portion of an international application without the loss of the international filing date. These amendments also clarify the circumstances and procedures under which the correction of an obvious mistake may be made in an international application. Finally, the Office is revising the search fee for international applications." See, Federal Register, September 10, 2007, Vol. 72, No. 174, at Pages 51559-51564.

9/7. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) published a notice in the Federal Register that announces the creation an advisory committee titled "Joint Advisory Committee on Communications Capabilities of Emergency Medical and Public Health Care Facilities". The notice also asserts that the "NTIA and FCC are requesting nominations" for members of this advisory committee. However, the notice also states that nominations are due by September 12, 2007. The notice also states that this advisory committee will submit a report to the Congress by February 4, 2008, "on the communications capabilities and needs of emergency medical and public health care facilities and the options to accommodate growth of communications services and to improve integration of communications systems used by such facilities". See, Federal Register, September 7, 2007, Vol. 72, No. 173, at Page 51418.

9/7. The Federal Communications Commission (FCC) announced that it has deleted one item from the agenda of its event titled "Open Meeting" scheduled for Tuesday, September 11, 2007. It announced the deletion of the item pertaining to Section 621 and video franchising. See, FCC notice [PDF]. See also, story titled "FCC Commissioners to Hold Next Monthly Event on September 11" in TLJ Daily E-Mail Alert No. 1,634, September 5, 2007.

9/6. Attorney General Alberto Gonzales gave a speech in New London, Connecticut, regarding terrorism. He compared U.S. counterterrorism tools to those of other countries, including regulation of internet speech. He said that "our allies have adopted counterterrorism tools that we have not adopted in the United States because doing so would abridge the civil liberties our Constitution protects. For example, speaking out in support of past terrorist acts is punishable in several European countries, including Italy, Spain, and France. And after the July 2005 terrorist attacks in London, the United Kingdom passed a law making it a crime to encourage terrorism, or to disseminate terrorist publications, or to post ``terrorist publications´´ on the Internet. Laws like these could violate the First Amendment if adopted in the United States."

9/6. David Dominic Scali pled guilty in U.S. District Court (CDCal) to one count of wire fraud in connection with his impersonation of an intellectual property lawyer, and threats to file complaint alleging trademark infringement against the owners of internet domain names, in order to fraudulently obtain those domains for his own financial gain. See, DOJ release [PDF].

9/5. A grand jury of the U.S. District Court (DWash) returned an indictment that charges Gregory Kopiloff with mail fraud, aggravated identity theft, and accessing a protected computer without authorization to further fraud. The Department of Justice (DOJ) announced in a release the arrest of Kopiloff on September 5, 2007. This release also states that Kopiloff "used file sharing programs to invade the computers of hundreds of victims across the United States to get access to their personal information in tax returns, credit reports, bank statements and student financial aid applications."

9/5. The Securities and Exchange Commission (SEC) filed a civil complaint [17 page PDF scan] in U.S. District Court (SDFla) against Homeland Communications Corporation and its principals on September 5, 2007, alleging violation of federal securities law in connection with the sale of unregistered securities and fraudulent misrepresentations. The SEC also announced in a release that the District Court issued temporary restraining orders, asset freezes and other emergency relief. The complaint states that Homeland is a "purported wireless company" without any FCC licenses or pending applications. This case is SEC v. Homeland Communications Corporation, Frances M. Labarre, Joseph Yurkin, et al., U.S. District Court for the Southern District of Florida, D.C. No. 07-80802-Marra/Johnson.

8/31. Federal Reserve Board (FRB) Governor Ben Bernanke gave a speech in Jackson Hole, Wyoming, titled "Housing, Housing Finance, and Monetary Policy" in which he touched on the role of information technology in housing finance. He said that "the new mortgage market came to look more like a textbook financial market, with fewer institutional ``frictions´´ to impede trading and pricing of event-contingent securities. Securitization and the development of deep and liquid derivatives markets eased the spreading and trading of risk. New types of mortgage products were created. Recent developments notwithstanding, mortgages became more liquid instruments, for both lenders and borrowers. Technological advances facilitated these changes; for example, computerization and innovations such as credit scores reduced the costs of making loans and led to a "commoditization" of mortgages. Access to mortgage credit also widened".

8/29. The Federal Trade Commission (FTC) approved an application to appoint a compliance officer, Chirag Asaravala, in its administrative proceeding titled "In the Matter of Rambus, Inc." and numbered FTC Docket No. 9302. See, FTC release. On August 2, 2006, the FTC released its opinion [120 pages in PDF] which concluded that Rambus unlawfully monopolized the markets for four computer memory technologies that have been incorporated into industry standards for dynamic random access memory (DRAM) chips. See also, story titled "FTC Holds That Rambus Unlawfully Monopolized Markets" in TLJ Daily E-Mail Alert No. 1,427, August 8, 2006, and story titled "FTC Files Administrative Complaint Against Rambus" in TLJ Daily E-Mail Alert No. 455, June 20, 2002.

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Privacy Policy
Notices & Disclaimers
Copyright 1998-2007 David Carney, dba Tech Law Journal. All rights reserved.

The House will meet at 10:30 AM for morning hour, and at 12:00 NOON for legislative business. The House will consider several non-technology related items under suspension of the rules. Votes will be postponed until at least 6:30 PM. See, Rep. Hoyer's calendar [PDF].

The Senate will meet at 10:00 AM. It will first consider judicial nominations. It will then begin consideration of consideration of HR 3074 [LOC | WW], the Transportation and HUD appropriations bill for FY 2008.

TIME CHANGE. 9:00 - 11:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Deemed Export Advisory Committee will meet in open session. See, original notice in the Federal Register, August 16, 2007, Vol. 72, No. 158, at Page 46035, and revised notice in the Federal Register, August 27, 2007, Vol. 72, No. 165, at Page 48985. For more information, contact Yvette Springer at 202-482-2813. Location: DOC, main auditorium, Herbert Hoover Building, 14th St. & Pennsylvania Ave., NW.

11:00 AM - 4:30 PM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Deemed Export Advisory Committee will meet in closed session. See, notice in the Federal Register, August 27, 2007, Vol. 72, No. 165, at Page 48985. For more information, contact Yvette Springer at 202-482-2813. Location: undisclosed.

2:00 - 3:30 PM. The U.S. Chamber of Commerce's Coalition Against Counterfeiting and Piracy (CACP) will meet. For more information, contact counterfeiting at uschamber dot com or 202-463-5500. Location: U.S. Chamber, 1615 H St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding Draft Federal Information Processing Standard (FIPS) Publication 198-1 [11 pages in PDF], titled "The Keyed-Hash Message Authentication Code (HMAC)".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding Draft Federal Information Processing Standard (FIPS) Publication 180-3 [29 pages in PDF], titled "Secure Hash Standard (SHS)".

Deadline to submit comments to the Securities and Exchange Commission (SEC) in response proposal to change its rules to provide two exemptions from the registration requirements of the Securities Exchange Act of 1934 for compensatory employee stock options. See, notice in the Federal Register, July 10, 2007, Vol. 72, No. 131, at Pages 37607-37624.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding proposed rules to ensure bidirectional compatibility of cable television systems and consumer electronics equipment. The NPRM also seeks comment on whether these rules should apply to non-cable Multichannel Video Programming Distributors (MVPDs) and whether there are technological solutions that are network agnostic and deployable across all MVPD platforms, including DBS, IP, and QAM/IP. The FCC adopted this item on June 27, 2007, and released the text on June 29, 2007. It is FCC 07-120 in CS Docket No. 97-80 and PP Docket No. 00-67. See, notice in the Federal Register, July 25, 2007, Vol. 72, No. 142, at Pages 40818-40824.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the Wireline Competition Bureau's (WCB) notice requesting comments to refresh the record on the issues raised by the FCC's 2004 Further Notice of Proposed Rulemaking (NPRM) regarding its universal service subsidy programs titled "Lifeline" and "Linkup". The WCB issued its notice on March 12, 2007. It is DA 07-1241. The FCC issued its NPRM on June 22, 2004, in WC Docket No. 03-109. See, notice in the Federal Register, July 25, 2007, Vol. 72, No. 142, at Pages 40816-40818.

The House will meet in pro forma session only.

9:00 AM. The Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) President's Council of Advisors on Science and Technology (PCAST) will meet. The agenda [PDF] includes a panel on nanotechnology and a panel on partnerships between universities and non-government entities in support of research. See, notice in the Federal Register, August 24, 2007, Vol. 72, No. 164, at Page 48639. Location: Room 100, Keck Center of the National Academies, 500 5th St., NW.

9:30 AM. The Federal Communications Commission (FCC) will host an event titled "Open Meeting". See, agenda [PDF], deletion of item [PDF], and story titled "FCC Commissioners to Hold Next Monthly Event on September 11" in TLJ Daily E-Mail Alert No. 1,634, September 5, 2007. Location: FCC, Commission Meeting Room, 445 12th St., SW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in American Bird Conservancy v. FCC, App. Ct. No. 06-1165. Judges Henderson, Randolph and Brown will preside. Location: Courtroom 22 Annex, Prettyman Courthouse, 333 Constitution Ave., NW.

RESCHEDULED FOR SEPTEMBER 19. 10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Issues in Emergency Communications: A Legislative Hearing on H.R. 3403, the 911 Modernization and Public Safety Act of 2007, and an Oversight Hearing of the Department of Homeland Security’s Office of Emergency Communications". This hearing will be webcast by the HCC. Location: Room 2322, Rayburn Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "U.S.-Peru Trade Promotion Agreement". See, notice. Location: Room 215, Dirksen Building.

POSTPONED. 12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host a brown bag lunch regarding the FCC's Media Bureau (MB). The speakers will be Bureau Chief Monica Desai and other representatives of the MB. For more information, contact Kerry Loughney at kerry at fcba dot org. Location: Holland & Knight, Lower Level Conference Room, 2099 Pennsylvania Ave., NW.

12:30 PM. The Association for Competitive Technology (ACT) will host a lunch titled "The Growing Threat to American Competitiveness: Is Antitrust Policy Being Used as a New Form of Protectionism?" The speakers will be Rep. Robert Wexler (D-FL), Robert Atkinson (Information Technology and Innovation Foundation), Steve DelBianco (ACT), and Ronald Cass (Center for the Rule of Law). RSVP to rsvp at actonline dot org or 202-420-7484. Location: Room 2200, Rayburn Building.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Patent Damages: Discovery, Pre-trial and Litigation Strategies". The speakers will be Charles Fish (Time Warner Corporate Patent Group), Clifton McCann (Venable), and Andrew Aitken (Venable). The price to attend ranges from $80 to $115. For more information, call 202-626-3488. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

TIME? Day one of a two day meeting of the President's Council of Advisors on Science and Technology (PCAST). The PCAST web site states that this meeting will take place on September 11-12, 2007. Location?

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding changes to its rules that govern the 4.9 GHz band and the Wireless Medical Telemetry Service which shares spectrum. This NPRM is FCC 07-85 in WP Docket No. 07-100. The FCC adopted this NPRM on May 9, 2007, and released it on May 14, 2007. See, notice in the Federal Register, June 13, 2007, Vol. 72, No. 113, at Pages 32582-32589.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding Section 612 of the Communications Act, which is codified at 47 U.S.C. § 532, which requires cable operators to set aside channel capacity for commercial use by video programmers unaffiliated with the operator, and Section 616 of the Communications Act, which is codified at 47 U.S.C. § 536, which prohibits a cable operator or other multichannel video programming distributor (MVPD) from requiring a financial interest in any program service as a condition for carriage of such service, from coercing a programmer to grant exclusive carriage rights, or from engaging in conduct that unreasonably restrains the ability of an unaffiliated programming vendor to compete fairly by discriminating against such vendor on the basis of affiliation or nonaffiliation. The FCC adopted this item on March 2, 2007, and released the text on June 15, 2007. This NPRM is FCC 07-18 in MB Docket No. 07-42. See, notice in the Federal Register, July 18, 2007, Vol. 72, No. 137, at Pages 39370-39377, and Public Notice [PDF] (DA 07-3736) extending comment deadlines.

Rosh Hoshana begins at sundown.

The House will not meet.

8:00 AM. The Information Technology Association of America (ITAA) will host an event titled "2007 Telework Exchange Town Hall Meeting". For more information, contact Mark Uncapher at muncapher at itaa dot org. Location: Ronald Reagan Building & Trade Center.

9:00 AM - 12:00 NOON. The Department of Commerce's (DOC) Measuring Innovation in the 21st Century Economy Advisory Committee will meet. A purpose of this committee is to determine how to quantify the national innovation rate, to measure innovation in a manner similar to the way the Gross Domestic Product (GDP) measures economic output. See, notice in the Federal Register, August 6, 2007, Vol. 72, No. 150, at Pages 43628-43629. Location: Auditorium, DOC, 1401 Constitution Ave., NW.

9:30 AM. The Senate Commerce Committee's (SCC) Subcommittee on Interstate Commerce, Trade and Tourism will hold a hearing titled "Federal Trade Commission Reauthorization". See, notice. Location: Room 253, Russell Building.

TIME CHANGE. 11:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Regulatory Preemption: Are Federal Agencies Usurping Congressional and State Authority?". The witnesses will be Donna Stone (President, National Conference of State Legislatures), Alan Untereiner (Robbins Russell), Collyn Peddie (Williams Kherkher), Viet Dinh (Georgetown University Law School), and David Vladeck (GULC). See, notice. Location: Room 226, Dirksen Building.

12:00 NOON. The Law Library of Congress will host a panel discussion titled "National Security and the Constitution". The speakers will be Louis Fisher (Library of Congress), Brian McKeon (Chief Counsel for the Senate Foreign Relations Committee), and Michael O’Neill (Minority Chief Counsel and Staff Director for the Senate Judiciary Committee). The event is free, but reservations are required. Contact Alisa Carrel at acar at loc dot gov. Location: Law Library’s Multimedia Room, Room 240, James Madison Building, 101 Independence Ave., SE.

TIME? Day two of a two day meeting of the President's Council of Advisors on Science and Technology (PCAST). The PCAST web site states that this meeting will take place on September 11-12, 2007. Location?

Deadline to submit nominations for membership on the National Telecommunications and Information Administration's (NTIA) and the Federal Communications Commission's (FCC) just created advisory committee titled "Joint Advisory Committee on Communications Capabilities of Emergency Medical and Public Health Care Facilities". See, notice in the Federal Register, September 7, 2007, Vol. 72, No. 173, at Page 51418.

Rosh Hoshana.

The House will not meet.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Diversity Committee will host a brown bag lunch. This will be a planning meeting. RSVP to Parul Desai at pdesai at mediaaccess dot org or 202-454-5683. Location: Wiley Rein, 1776 K St., NW.

12:30 - 2:30 PM. The DC Bar Association will host a panel discussion titled "Trade, Investment and Politics: A Roundtable on the U.S. - Latin America Relationship". The speakers will be Mario Gustavo Guzmán Saldana (Bolivia's Ambassador to the US), Luis Benigno Gallegos Chiriboga (Ecuador's Ambassador to the US), Thomas Shannon (Assistant Secretary of State, Bureau of Western Hemisphere Affairs), Everett Eissenstat (Assistant U.S. Trade Representative for the Americas), Rep. Gregory Meeks (D-NY), and Omar Garcia (President, Chairman of the Inter-American Legal Affairs Committee). The price to attend ranges from $5 to $25. For more information, call 202-626-3463. See, notice. Location: McKenna Long & Aldridge, 1900 K St., NW.

EXTENDED TO OCTOBER 1. Deadline to submit reply comments to the Copyright Office (CO) in response to its Notice of Inquiry (NOI) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, notice in the Federal Register, April 16, 2007, Vol. 72, No. 72, at Pages 19039-19055. See also, technical correction notice in the Federal Register, April 24, 2007, Vol. 72, No. 78, at Page 20374. See, notice of extension in the Federal Register, June 19, 2007, Vol. 72, No. 117, at Pages 33776-33777.

Deadline to submit written requests to testify (and copies of prepared testimony) at the Office of the U.S. Trade Representative (OUSTR) hearing on September 27, 2007. The OUSTR will hold a hearing to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). The OUSTR will consider, among other things, intellectual property rights (IPR) and IPR enforcement. See, notice in the Federal Register, July 25, 2007, Vol. 72, No. 142, at Pages 40905-40906.

The House will meet in pro forma session only.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Legislative Committee will host a brown bag lunch titled "Internet Tax Moratorium".  For more information, contact Kelly Cole at kcole at nab dot org. Location: National Association of Broadcasters, 1717 N St., NW.

2:00 - 4:00 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "Should the SEC's Rule 12b-1 Survive?". The speakers will be Paul Stevens (Investment Company Institute), Barry Barbash (Willkie Farr & Gallagher), Mercer Bullard (Fund Democracy), Mary Bush (Bush International), and Peter Wallison (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its Draft Special Publication 800-48 Revision 1 [96 pages in PDF] titled "Wireless Network Security for IEEE 802.11a/b/g and Bluetooth".

12:00 NOON. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). The OUSTR seeks comments on, among other things, intellectual property rights (IPR) and IPR enforcement. See, notice in the Federal Register, July 25, 2007, Vol. 72, No. 142, at Pages 40905-40906.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Practice Committee will host a brown bag lunch titled "20th Century Fox v. Cablevision: The Remote DVR Case". For more information, contact Kerry Loughney at kerry at fcba dot org. Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host a brown bag lunch. The speakers will be Monica Desai and other representatives of the FCC's Enforcement Bureau. For more information, contact Kerry Loughney at kerry at fcba dot org. Location: Wiley Rein, 1776 K St., NW.

Day one of a two day conference titled "Future of Music Policy Summit". See, conference web site. Location: Marvin Center, George Washington University, 21st Street between H and I Streets, NW.

Day one of a two day conference hosted by Law Seminars International titled "Spectrum Management". Location: Capitol Hilton.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding Draft Special Publication 800-106 [15 pages in PDF], titled "Randomized Hashing Digital Signatures".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding Draft Special Publication 800-107 [18 pages in PDF], titled "Recommendation for Using Approved Hash Algorithms".

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding planning consumer understanding of the transition to digital television. This NPRM is FCC 07-128 in MB Docket No. 07-148. See, notice in the Federal Register, August 16, 2007, Vol. 72, No. 158, at Pages 46014-46020.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding changes to the Section 9 regulatory fee structure for the Broadband Radio Service (BRS). This FNPRM is FCC 07-140 in MD Docket No. 07-81. See, notice in the Federal Register, August 16, 2007, Vol. 72, No. 158, at Pages 46010-46014.

Deadline to submit comments to the National Nanotechnology Coordination Office (NNCO) in response to its paper [12 pages in PDF] titled "The Prioritization of Environmental, Health, and Safety Research Needs for Engineered Nanoscale Materials: An Interim Document for Public Comment". See, notice in the Federal Register, August 16, 2007, Vol. 72, No. 158, at Pages 46101-46102.

EXTENDED TO NOVEMBER 1. Deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) in response to its Notice of Inquiry (NOI) regarding its Commerce Control List (CCL). See, original notice in the Federal Register, July 17, 2007, Vol. 72, No. 136, at Pages 39052-39053, and revised notice in the Federal Register, September 6, 2007, Vol. 72, No. 172, at Pages 51213-51214.