9/17. The European Court of First Instance (CFI) released its opinion [248 pages in PDF] upholding much of the European Commission's (EC) 2004 decision regarding Microsoft.

The CFI's ruling is a victory of European regulators, a defeat for Microsoft, and a sign that successful U.S. technology companies may face further fines and regulation of their business practices by European regulators.

In July, the EC commenced an action against Intel. US competition regulators have not brought a parallel or related action against Intel. See, story titled "European Commission Initiates Proceeding Against Intel Alleging Anticompetitive Behavior" in TLJ Daily E-Mail Alert No. 1,617, July 26, 2007.

The EC asserts in both the Microsoft and Intel cases that single firm conduct of successful US companies, in the absence of mergers, acquisitions, or collusive conduct among competitors, is anti-competitive and a violation of European law.

European regulators have not yet initiated actions against Google, Qualcomm, or Apple.

The present proceeding is Microsoft's appeal of the EC's decision that mandated that Microsoft remove certain code from its products sold in the Europe, and that it license certain proprietary technology and intellectual property rights to its competitors, and that it pay 497 Million Euros to the EC.

See, stories titled "European Commission Seeks 497 Million Euros and Code Removal from Microsoft" in TLJ Daily E-Mail Alert No. 863, March 25, 2004, and "European Commission Releases Microsoft Decision" in TLJ Daily E-Mail Alert No. 883, April 23, 2004. See also, Microsoft web page for this proceeding.

Brad Smith, Microsoft's General Counsel, was obsequious. He stated in a release that while Microsoft has "only had a very short amount of time to read the decision", it is "nonetheless clear that the court has agreed with the Commission on a number of the Commission's points".

He expressed appreciation for the hard work of the Commission, and said that Microsoft would comply with European law.

Smith also said that Microsoft "will continue to grow" the number of employees that it bases in Europe, and the research and development that it conducts in Europe.

Neelie Kroes, the EU Competition Commissioner, stated in a release that "Court of First Instance has upheld the most crucial elements" of the Commission's decision.

She added that "That 2004 Decision set an important precedent in terms of the obligations of dominant companies to allow competition, in particular in high tech industries."

She also predicted that "You may hear scare stories about the supposed negative consequences of this ruling for other companies and for innovation on the market". But she said "Let me be clear -- there is one company that will have to change its illegal behaviour as a result of this ruling: Microsoft."

She concluded, "I will not tolerate continued non-compliance" by Microsoft.

Competitors of Microsoft and Intel have praised the actions of the EC. On September 17, Thomas Vinje of the European Committee for Interoperable Systems (ECIS) stated in a release [PDF] that "The European Commission, Commissioner Kroes, former Commission Monti and their officials are to be praised for their vision and persistence in the face of nearly ten years of foot dragging by Microsoft." The ECIS's members include IBM, Oracle, RealNetworks, Sun Microsystems, and other competitors of Microsoft.

In contrast, representatives of the U.S. Department of Justice's (DOJ) Antitrust Division have often criticized the EC's action against Microsoft.

See, for example, September 10, 2004 speech in Tokyo, Japan, by former Assistant Attorney General Hewitt Pate titled "Securing the Benefits of Global Competition". See also, stories titled "Pate Criticizes EC Decision Regarding Microsoft" in TLJ Daily E-Mail Alert No. 869, April 5, 2004; "Pate Addresses US EU Differences on Antitrust, Microsoft, and IPR" in TLJ Daily E-Mail Alert No. 913, June 8, 2004; and "Pate Addresses US Competition Law And Differences With EU" in TLJ Daily E-Mail Alert No. 975, September 13, 2004.

9/11. The House Judiciary Committee (HJC) announced that it will hold another hearing on surveillance and the Foreign Intelligence Surveillance Act (FISA). See, HJC notice.

This hearing, titled "Warrantless Surveillance and the Foreign Intelligence Surveillance Act: The Role of Checks and Balances in Protecting Americans’ Privacy Rights (Part II)", will begin at 11:00 AM on September 18, 2007.

Kenneth Wainstein, Assistant Attorney General in charge of the Department of Justice's (DOJ) National Security Division (NSD), is scheduled to testify. See also, Wainstein's speech of September 10, 2007, and story titled "Wainstein Discusses FISA" in TLJ Daily E-Mail Alert No. 1,638, September 11, 2007.

Michael McConnell, the National Intelligence Director, is also scheduled to testify.

Rep. John Conyers (D-MI) sent a letter [PDF] on September 11, 2007, to McConnell, and a letter [8 pages in PDF] to Fred Fielding, the White House Counsel, regarding government surveillance, the FISA, and amending the FISA.

While some Senators, Representatives and Committees involved in surveillance and FISA related investigations and debates have attempted to avoid involving telecommunications companies and internet service providers, Rep. Conyers' letters focus on companies that are or have been clandestinely collaborating with the government.

Rep. Conyers' letter to McConnell pertains to the involvement of telecommunications companies in surveillance, the government's assertion of the state secrets doctrine in civil litigation regarding this surveillance, and the government's failure to provide information to the HJC regarding this surveillance.

Rep. Conyers' letter references an article by K. Shrader titled "Spy chief reveal classified details about surveillance", published in the El Paso Times on August 22, 2007, and a transcript of an interview of McConnell by the El Paso Times' Chris Roberts.

Rep. Silvestre Reyes (D-TX) represents the city of El Paso, in the state of Texas. He is the Chairman of the House Intelligence Committee.

McConnell first discussed why S 1927 [LOC | WW], the "Protect America Act", was needed, and should be made permanent.

He said in his El Paso Times interview that "the issue was the technology had changed and we had worked ourselves into a position that we were focusing on foreign terrorist communications, and this was a terrorist foreigner in a foreign country. The issue was international communications are on a wire so all of a sudden we were in a position because of the wording in the law that we had to have a warrant to do that. So the most important thing to capture is that it's a foreigner in a foreign country, required to get a warrant. Now if it were wireless, we would not be required to get a warrant. Plus we were limited in what we were doing to terrorism only and the last time I checked we had a mission called foreign intelligence, which should be construed to mean anything of a foreign intelligence interest, North Korea, China, Russia, Syria, weapons of mass destruction proliferation, military development and it goes on and on and on".

Roberts asked McConnell, "How many calls?" McConnell responded, "Don't want to go there." However, he proceeded to volunteer answers to questions that Roberts had not asked. McConnell continued, "Now the second part of the issue was under the president's program, the terrorist surveillance program, the private sector had assisted us. Because if you're going to get access you've got to have a partner and they were being sued. Now if you play out the suits at the value they're claimed, it would bankrupt these companies. So my position was we have to provide liability protection to these private sector entities."

McConnell, who was referring back to a meeting in June with Senators, added that "I was after three points, no warrant for a foreigner overseas, a foreign intelligence target located overseas, liability protection for the private sector and the third point was we must be required to have a warrant for surveillance against a U.S. person."

McConnell also said that under S 1927, "liability protection for the private sector now is proscriptive, meaning going forward. We've got a retroactive problem." He added, "the retroactive liability protection has got to be addressed" when the Congress reconvenes in September.

"Now, this is a very, very complex bill. I had a team of 20 lawyers working" for two years on this.

He also said that public disclosure and debate regarding FISA surveillance "means that some Americans are going to die".

He explained that "because we do this mission unknown to the bad guys because they're using a process that we can exploit and the more we talk about it, the more they will go with an alternative means and when they go to an alternative means". He stated this with other words: "So the more public it is, then they take it away from us".

He added that this surveillance pertains not just to threats to the U.S., but also to the "war in Afghanistan and Iraq".

McConnell also spoke about the under representation of Hispanics in the intelligence community, and current efforts to recruit more.

Rep. Conyers' letter focuses on McConnell's reference to private sector involvement in surveillance.

Rep. Conyers wrote that "in light of the Administration's previous refusal to provide such information to Congress, this selective disclosure of information raises troubling questions".

Rep. Conyers asked, "Was a specific decision made to declassify any previously-classified information contained in the El Paso Times interview and, if so, when, by whom, and under what authority?"

He also asked, "In light of your public confirmation of the involvement of ``private sector´´ telecommunications companies in the Administration's surveillance programs, what is the specific justification for your claim a few months earlier in litigation that confirmation of such involvement cannot be permitted under the state secrets doctrine?"

This letter was signed by Rep. Conyers, Rep. Jerrold Nadler (D-NY), the Chairman of the HJC's Subcommittee on the Constitution, and Rep. Bobby Scott (D-VA), the Chairman of the HJC's Subcommittee on Crime. However, it was not signed by their Republican counterparts.

Reps. Conyers, Nadler and Scott sent a second letter [8 pages in PDF] to Fred Fielding, the White House Counsel, that is in the nature of a request for production of documents (RPD) and written interrogatories, related to government surveillance, acquisition of records, the FISA, and amending the FISA.

One interrogatory asks: "Please identify all telecommunications companies or internet service providers that allowed the government to access communication streams in the US without warrants between September 2001 and January 10, 2007. Please identify all telecommunications companies or ISPs that have allowed access since January 10, 2007. Please break down by programs that obtained external and internal data."

Another asks: "During the time period in March 2004 in which the warrantless surveillance program did not have Attorney General certification, please identify all telecommunications companies that continued to allow surveillance without such certification. Please break down by programs that obtained external and internal data."

Another asks: "Please identify any telecommunications companies or internet service providers that refused to allow access to communication streams without court order or warrant. Please provide all letters or communications from telecommunications companies or internet service providers in which they refused to allow access to communications streams without court order or warrant. Please break down by programs that obtained external and internal data."

Another asks: "Please identify the precise legal authority that was asserted in any and all documents provided to telephone or internet service providers to obtain their cooperation between September 2001 and January 2007. Please break down by programs that obtained external and internal data. Please provide any certifications, letters, and any legal memoranda or opinions setting forth such authority."

Also, on September 18, at 10:00 AM, the House Intelligence Committee (HIC) will hold a hearing on the FISA. The witnesses will include Jim Dempsey (Center for Democracy and Technology), James Baker, and Kate Martin.

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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 at least 6:30 PM. See, Rep. Hoyer's calendar [PDF].

The Senate will meet at 2:00 PM for morning business. It will then resume consideration of HR 1585 [LOC | WW], the Department of Defense authorization bill.

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.

REVISED SCHEDULE. Day one of a two day conference titled "Future of Music Policy Summit".
  • 11:15 AM - 12:30 PM. There will be a panel titled "Creative License: How Does the Sample License Clearance Process Work?".
  • 11:15 AM - 12:30 PM. There will be a panel titled "Policy Roundtable". The speakers will be Michael Bracy (Future of Music Coalition), Rudy Brioche (FCC Commissioner Jonathan Adelstein's Legal Advisor for media issues), Aaron Cooper (Senate Judiciary Committee staff), Kenneth DeGraff (Rep. Mike Doyle (D-PA) staff), Jessica Rosenworcel (Senate Commerce Committee staff), and Michael Schmidt (Sen. Russ Feingold (D-WI) staff).
  • 12:45 - 1:45 PM. There will be a panel titled "Will the FCC Settlement Mean Radio Airplay for Independent Labels' Artists?".
  • 2:00 - 2:30 PM. Sen. Byron Dorgan (D-SD) will speak.
  • 2:30 - 3:15 PM. Marybeth Peters (Register of Copyright) will speak.
  • 3:15 - 4:30 PM. There will be a panel titled "Music License One Stop Shopping: impossible dream or emerging reality?"
  • 4:45 - 6:00 PM. There will be a panel titled "Leveling the Playing Field: how does broadband policy affect musicians?".
  • 4:45 - 6:00 PM. Panel titled "What the Payola Settlement Means".
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.

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. It will consider numerous non-technology related items under suspension of the rules. It may also consider HR  811 [LOC | WW], the "Voter Confidence and Increased Accessibility Act of 2007". This bill would mandate a "individual, durable, voter-verified paper ballot of the voter's vote that shall be created by or made available for inspection and verification by the voter before the voter's vote is cast and counted". See, Rep. Hoyer's calendar [PDF].

9:15 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will hold a briefing, and release a report, titled "Stop the Presses: How Paper Trails Fail to Secure e-Voting". The speakers will be Rep. Vernon Ehlers (R-MI), Robert Atkinson (ITIF) and Daniel Castro (ITIF). See, notice. For more information, contact Daniel Castro at 202-626-5742 or dcastro at itif dot org. Location: ITIF, Suite 200, 1250 Eye St., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Qwest Services Corp. v. FCC, App. Ct. No. 06-1274. Judges Sentelle, Tatel and Williams will preside. Location: Courtroom 22 Annex, Prettyman Courthouse, 333 Constitution Ave., NW.

8:30 AM - 5:30 PM. The Information Technology Association of America (ITAA) will host a one day conference titled "Legal Risk Management in the Web 2.0 World". It will address, among other topics, risks associated with social networking web sites and user posted content. For more information, contact Mark Uncapher at muncapher at itaa dot org. See, notice. Location: AED Conference Center, 1825 Conn. Ave., NW.

10:00 AM - 1:00 PM. The House Intelligence Committee (HIC) will hold a hearing on the Foreign Intelligence Surveillance Act (FISA). The witnesses will include Jim Dempsey (Center for Democracy and Technology), James Baker, and Kate Martin. See, notice. Location: Room 2157, Rayburn Building.

11:00 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Hearing on Warrantless Surveillance and the Foreign Intelligence Surveillance Act: The Role of Checks and Balances in Protecting Americans’ Privacy Rights (Part II)". The witnesses will include Kenneth Wainstein, Assistant Attorney General in charge of the Department of Justice's (DOJ) National Security Division (NSD), and Michael McConnell, the National Intelligence Director. The hearing will be webcast by the HJC. See, notice. Location: Room 2141, Rayburn Building.

11:45 AM. The Telecommunications Research and Action Center (TRAC) will host an event titled "Everett C. Parker Ethics in Telecommunications Lecture". See, notice. For more information, contact Jose Guzman at 202-263-2938 or jguzman at trac dot org. Location:National Press Club, 13th Floor, 529 14th St. NW.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Wireline Practice Committee will host a brown bag lunch titled "Special Access". The speakers will be Robert Mayer (USTelecom), Colleen Boothby (Levine Blaszak), and Jonathan Nuechterlein (Wilmer Cutler). RSVP to Vicki Chedester at Victoria dot l dot chedester at verizon dot com or 202-515-2528. Location: Wiley Rein, 1776 K St., NW.

TIME? The Department of Commerce's (DOC) International Trade Administration (ITA) will host a closed meeting regarding identity management in electronic commerce. See, notice in the Federal Register, August 15, 2007, Vol. 72, No. 157, at Page 45731. Location: undisclosed.

REVISED SCHEDULE. Day two of a two day conference titled "Future of Music Policy Summit".
  • 9:00 - 9:30 AM. Sen. Ron Wyden (D-OR) will speak.
  • 2:30 - 3:00 PM. Peter Alyea (Digital Conversion Specialist, Library of Congress) will speak.
  • 3:15 - 4:30 PM. There will be a panel titled "Dealing with Out of Print andOrphan Works". The speakers will be Mario Bouchard (Copyright Board Canada), Peter Gutmann (Womble Carlyle), Walter McDonough (Future of Music Coaltion), Oliver Metzger (U.S. Copyright Office), and Michael Taft (Library of Congress).
See, conference web site. Location: Marvin Center, George Washington University, 21st Street between H and I Streets, NW.

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

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [PDF] regarding E911 location requirements. This item is FCC 07-108 in PS Docket No. 07-114, CC Docket No. 94-102, and WC Docket No. 05-196. The FCC adopted this item on May 31, 2007, and released on it on June 1, 2007. See, notice in the Federal Register, June 20, 2007, Vol. 72, No. 118, at Pages 33948-33955. See also, story titled "FCC Extends E911 Location Tracking Rules to Interconnected VOIP" in TLJ Daily E-Mail Alert No. 1,589, May 31, 2007.

The House will meet at 10:00 AM for legislative business. It may consider HR 811 [LOC | WW], the "Voter Confidence and Increased Accessibility Act of 2007". This bill would mandate a "individual, durable, voter-verified paper ballot of the voter's vote that shall be created by or made available for inspection and verification by the voter before the voter's vote is cast and counted". See, Rep. Hoyer's calendar [PDF].

8:30 AM. There will be an event titled "Qualcomm Media Breakfast". For more information, contact Rob Vernon at 202-944-5150. Location: National Press Club, 13th Floor, 529 14th St., NW.

9:00 AM - 12:15 PM and 1:30 - 4:30 PM. The Department of Homeland Security's (DHS) Data Privacy and Integrity Advisory Committee will meet. See, notice in the Federal Register, September 4, 2007, Vol. 72, No. 170, at Pages 50686-50687. Location: Gallery I and II Rooms, Hilton Arlington and Towers, 950 North Stafford St., Arlington, VA.

10:00 AM. Day one of a two day hearing of the House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection regarding trade with the People's Republic of China (PRC). The hearing will focus on lead tainted children's products imported from the PRC. This hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

RESCHEDULED FROM SEPTEMBER 11. 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 Federal Communications Commission's (FCC) Commercial Mobile Service Alert Advisory Committee will meet. See, FCC notice [2 pages in PDF]. Location: FCC, Commission Meeting Room (TW-C305), 445 12th St., SW.

11:00 AM - 12:15 PM. The Heritage Foundation will host an event titled "Growing a Civil Society in Hong Kong: New Problems, New Prospects - A Conversation with Alan Leong". See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Cable Practice and Young Lawyers Committees will host a brown bag lunch titled "Translating the Set Top Box Debate and Visualizing the Living Room of the Future". For more information, contact Chris Fedeli at chrisfedeli at dwt dot com or Tarah Grant at tsgrant at hhlaw dot com. Location: __?

Deadline to submit comments to the Copyright Royalty Judges regarding a motion for further distribution in connection with the 2003 cable royalty fund. See, notice in the Federal Register, August 20, 2007, Vol. 72, No. 160, at Pages 46516-46520.

The House will meet at 10:00 AM for legislative business. It may consider HR 811 [LOC | WW], the "Voter Confidence and Increased Accessibility Act of 2007". This bill would mandate a "individual, durable, voter-verified paper ballot of the voter's vote that shall be created by or made available for inspection and verification by the voter before the voter's vote is cast and counted". See, Rep. Hoyer's calendar [PDF].

9:30 AM. Day two of a two day hearing of the House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection regarding trade with the People's Republic of China (PRC). The hearing will focus on lead tainted children's products imported from the PRC. This hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda again includes consideration of S 1845 [LOC | WW], an untitled bill that would limit communications between the staffs of the White House and the Department of Justice (DOJ). The agenda also includes consideration of S 1267 [LOC | WW], the "Free Flow of Information Act of 2007". The agenda again includes consideration of Jennifer Elrod to be a Judge of the U.S. Court of Appeals (5thCir). The SJC frequently fails to obtain a quorum for its meetings. The SJC rarely follows the agendas for its meetings. Location: Room 226, Dirksen Building.

5:15 PM. Deadlines to submit comments to the U.S. International Trade Commission (USITC) in its proceeding titled "China: Description of Selected Government Practices and Policies Affecting Decision-making in the Economy". This is Investigation No. 332-492. See, USITC release. For more information, contact Peg O'Laughlin at 202-205-1819.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Privacy in Today's Workplace". The speakers will be David Goldberg (AOL), Charles Henter (Davidson & Kitzmann), and Gerard Stegmaier (Wilson Sonsini Goodrich & Rosati). 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.

6:30 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Welcome to the Bar Happy Hour". For more information, contact Amy Mushahwar at asmushahwar at hhlaw dot com), Chris Fedeli at chrisfedeli at dwt dot com, or Tarah Grant at tsgrant at hhlaw dot com. Location: Morton's Steakhouse, 1050 Connecticut Ave., NW.

Yom Kippur begins at sundown.

Rep. Hoyer's calendar [PDF] states that "no votes are expected in the House".

12:00 NOON - 1:30 PM. The DC Bar Association will host a program titled "50 Hot Technology Tips, Tricks & Web Sites for Lawyers". The speakers will be Reid Trautz. The price to attend ranges from $15 to $35. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice will host a brown bag lunch titled "Understanding Technical Basics Involved in FCC Regulation". The speakers will be Robert Kubik (Motorola) and Ira Keltz (FCC's Office of Engineering and Technology). For more information, contact Christy Hammond at chammond at wileyrein dot com or 202-719-7365. Location: Wiley Rein, 10th floor conference room, 1750 K St., NW.

EXTENDED TO OCTOBER 12. Deadline to submit reply 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. See also, Public Notice [PDF] (DA 07-3736) extending comment deadlines.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its Draft Special Publication 800-113 [85 pages in PDF] titled "Guide to SSL VPNs".

Deadline to submit to the Office of the United States Trade Representative (OUSTR) pre-hearing briefs and requests to appear at the GSP Subcommittee Public Hearing in connection with the 2007 Generalized System of Preferences (GSP) Annual Review. See, notice in the Federal Register, September 6, 2007, Vol. 72, No. 172, at Pages 51264-51266.