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September 22, 2007, Alert No. 1,642.
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House Leadership Pulls Technophobic Voting System Bill

9/21. The House Democratic leadership had previously scheduled HR 811 [LOC | WW], the "Voter Confidence and Increased Accessibility Act of 2007", for consideration by the full House during the week of September 17, 2007. However, the House did not take up the bill, and it is not on the schedule for the week of September 24.

This bill would mandate an "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". That is, it seeks to circumvent the adoption of information technology based voting.

Rep. Rush HoltRep. Rush Holt (D-NJ) (at right) is the sponsor of HR 811. It has 216 cosponsors, most of whom are Democrats. See also, Rep. Holt's summary [PDF] of the bill.

The Information Technology and Innovation Foundation (ITIF) stated in a release and a report [19 pages in PDF] on September 17, 2007, that "Americans trust computers to run critical applications in fields such as banking, medicine, and aviation, but a growing technophobic movement believes that no computer can be trusted for electronic voting."

The report argues that paper balloting systems are less secure than advanced cryptographic voting systems.

The report offers several recommendations. First, "Congress and the states should allow the use of fully electronic ballots, not restrict electronic voting systems to those that create paper ballots."

Second, "Congress and the states should require that future voting machines have verifiable audit trails, not require machines with verifiable paper audit trails."

Third, "Congress should provide funding for the U.S. Election Assistance Commission to issue grants for developing secure cryptographic voting protocols and for pilot testing of new voting technology."

The ITIF report is titled "Stop the Presses: How Paper Trails Fail to Secure e-Voting". Its author is Daniel Castro of the ITIF.

Senate Commerce Committee Will Mark Up ITFA Extension Bill

9/21. The Senate Commerce Committee (SCC) is scheduled to meet on Thursday, September 27, 2007, to mark up several bills, including S 1453 [LOC | WW], the "Internet Tax Freedom Act (ITFA) Extension Act of 2007". See, notice.

The bill would extend the ITFA for four more years, through 2011. It is set to expire on November 1, 2007.

The ITFA now provides that, with numerous exceptions, "No State or political subdivision thereof may impose any of the following taxes during the period beginning November 1, 2003, and ending November 1, 2007: (1) Taxes on Internet access. (2) Multiple or discriminatory taxes on electronic commerce."

The bill would also extend the grandfathering of certain state taxes for four years.

This bill would amend the definition of "Internet access". It is currently defined as "a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to users. The term ‘Internet access’ does not include telecommunications services, except to the extent such services are purchased, used, or sold by a provider of Internet access to provide Internet access."

The bill would provide that the term "Internet access":

  "(A) means a service that enables users to connect to the Internet to access content, information, or other services offered over the Internet;
   (B) may include incidental services directly related to the provision of the service described in subparagraph (A), such as electronic mail or instant messaging; and
   (C) does not include--
      (i) telecommunications services (as defined in section 3(46) of the Communications Act of 1934 (47 U.S.C. 153(46))), except to the extent such services are purchased, used, or sold by a provider of Internet access to provide Internet access described in subparagraph (A) or (B); or
      (ii) voice service or any other good or service utilizing Internet protocol or any successor protocol, except services described in subparagraph (A) or (B)."

The bill is sponsored by Sen. Tom Carper (D-DE).

Senate Commerce Committee Will Mark up Child Online Protection Bill

9/21. The Senate Commerce Committee (SCC) is scheduled to meet on Thursday, September 27, 2007, to mark up several bills, including S 1965 [LOC | WW], the "Protecting Children in the 21st Century Act", a bill pertaining to child pornography and online predation. See, notice.

This bill would place no new burdens on internet service providers, electronic communication service providers, or remote computing service providers. There is no data retention requirement. There is no labeling, blocking, age control, monitoring, or surveillance requirement. However, the bill would require the Department of Commerce's National Telecommunications and Information Administration (NTIA) to form a working group to study these subjects and issue a report and recommendations.

It would require the Federal Trade Commission (FTC) to "carry out a nationwide program to increase public awareness and provide education regarding strategies to promote the safe use of the Internet by children."

It would require the NTIA to "establish an Online Safety and Technology working group comprised of representatives of relevant sectors of the business community, public interest groups, and other appropriate groups and Federal agencies to review and evaluate ... the status of industry efforts to promote online safety through educational efforts, parental control technology, blocking and filtering software, age-appropriate labels for content or other technologies or initiatives designed to promote a safe online environment for children".

The bill provides that this "working group" would not be an "advisory committee" within the meaning of the Federal Advisory Committee Act. Thus, it would be able to operate in greater secrecy than an advisory committee.

The bill would require this working group to review and evaluate "the status of industry efforts to promote online safety among providers of electronic communications services and remote computing services by reporting apparent child pornography" under 47 U.S.C. § 13032.

Section 13032 requires any provider of a "electronic communication service" or provider of a "remote computing service" who "obtains knowledge of facts or circumstances from which a violation" of any of several child pornography related crimes "is apparent", shall make a report of such information to the National Center for Missing and Exploited Children (NCMEC). The bill would not impose any new requirements upon these service providers. However, it would increase the penalties for failure to comply with Section 13032.

Currently, Section 13032 requires the NCMEC to forward information a law enforcement agency, or agencies, designated by the Department of Justice (DOJ). This bill would also require reporting by the NCMEC to "foreign law enforcement agencies". The bill would also define what information the service provider must include in its reports to the NCMEC.

The bill would also require the new NTIA working group to review and evaluate "the practices of electronic communications service providers and remote computing service providers related to record retention in connection with crimes against children".

Finally, it would require this group to study "the development of technologies to help parents shield their children from inappropriate material on the Internet".

Then, the working group would have one year to write a report, including its recommendations

Sen. Ted Stevens (R-AK) introduced this bill on August 2, 2007. The original cosponsors are Sen. Daniel Inouye (D-HI), Sen. Kay Hutchison (R-TX), Sen. Mark Pryor (D-AR), and Sen. Bill Nelson (D-FL). All are members of the SCC.

7th Circuit Narrowly Construes Foreign Commerce Clause

9/21. The U.S. Court of Appeals (7thCir) issued its opinion in Cavel v. Madigan, affirming the judgment of the District Court, which upheld an Illinois state statute that regulates horses against a foreign commerce clause challenge.

The facts giving rise to this case involve the treatment, and consumption, of horses. There are lots of horses in the US. Some Europeans like to eat them. Illinois is home to the only US slaughterhouse that slaughters horses for export to Europe. Illinois enacted a statute to prevent the slaughter or export of horses for culinary purposes.

There is no law of the horse, or law of cyberspace. There is only law. Legal principals regarding regulation of interstate and foreign commerce apply to both the regulation of horses and cyberspace. Indeed, many of the Supreme Court cases cited as precedent in this opinion are also cited in cases involving interstate and foreign commerce clause challenges to state statutes regulating cyberspace. (The Court did not cite the leading commerce clause cases from the Courts of Appeals involving the internet. However, it did cite the Third Circuit's 1994 opinion in Instructional Systems, Inc. v. Computer Curriculum Corp., 35 F.3d 813.)

The legal analysis applied to Illinois's regulation of the export of horse meat might also be applied, for example, to an Illinois statute that were to regulate the foreign outsourcing by companies in Illinois of certain internet based tasks or services.

Judge Richard Posner wrote the opinion of the Court of Appeals. Judge Frank Easterbrook joined. Easterbrook gave a speech [PDF] in 1996 titled "Cyberspace and the Law of the Horse". His speech is also published at 1996 U. CHI. LEGAL F. 207. See also, 1999 article [46 pages in PDF] by Laurence Lessig titled "Law of the Horse: What Cyberlaw Might Teach".

The state of Illinois enacted a statute that makes it unlawful for a person "to slaughter a horse if that person knows or should know that any of the horse meat will be used for human consumption", or to export horse meat for human consumption.

Cavel International owns and operates the only facility in the US for slaughtering horses. Its facility is located in Illinois. It is a subsidiary of a Belgian corporation. All of its product is exported.

The Constitution, at Article I, Section 8, provides that "The Congress shall have Power To ... regulate Commerce with foreign Nations, and among the several States ..."

There is a difference between regulation of interstate commerce and regulation of foreign commerce for the purposes of Constitutional analysis. Many of the prior cases, especially those involving internet commerce, involve interstate commerce clause analysis. That is, many state legislatures enact statutes that regulate internet commerce for the purpose of discriminating against out of state businesses, and benefiting in state businesses.

The statute at issue in the present case has no interstate discrimination component. It does regulate commerce with foreign nations.

The Court of Appeals wrote that the literal language of the commerce clause "merely empowers Congress to regulate interstate and foreign commerce but that has been interpreted to limit the power of states to regulate interstate and foreign commerce even in the absence of federal legislation inconsistent with the state regulation."

It later added that regulation of foreign commerce is different because "an interference by a state with foreign commerce can complicate the nation's foreign relations, which are a monopoly of the federal government; states are not permitted to have their own foreign policy, their own embassies and consuls and ambassadors, and so forth."

The Court of Appeals opinion provides a result. The District Court's judgment is affirmed. Cavel must shut down its Illinois plant. However, it left unanswered many questions.

It held that the statute is "nondiscriminatory". (There is only one producer.) It held that the statute does not distort interstate markets. (There is no interstate market in the US for human consumption of horses.) It held, without elaboration, that the statute "interferes minimally with the nation's foreign commerce". And, it held that federal involvement in this area via the federal Meat Inspection Act does not preclude Illinois from enacting its statute.

It also held that Illinois's statute is "supported if somewhat tenuously by a legitimate state interest", that is, protecting horses. But, the Court of Appeals noted that euthanization of horses remains legal, and slaughtering of horses for sale to the zoo market remains legal. Hence, it suggested that the statute is based more on a sense of distaste than logic.

The Court of Appeals also wrote that "we are not entirely happy about having to uphold the Illinois statute. That the company is foreign-owned and its entire output exported means that the shareholders and consumers harmed by the amendment have no influence in Illinois politic".

However, it did not note that if it were to hold that the Congress has exclusive authority, the European shareholders and consumers would have no influence in the Congress either.

The Court of Appeals did not issue any precedential guidance on the role of federal actors in this process. For example, it noted the Congress had considered, but not enacted, bills on this subject. It wrote that the District Court "ruled that Congress's lengthy consideration, followed by inaction, was an implicit authorization that defeated the commerce-clause challenge." The Court of Appeals did not opine on the legal consequences of Congressional inaction.

Similarly, the Court of Appeals noted the lack of involvement, by amicus curiae brief or otherwise, of either the US Department of State or foreign governments. However, it did not articulate how this should affect a judge's analysis in a foreign commerce clause challenge.

Perhaps this case illustrates a reluctance on the part of the Court of Appeals to overturn state statutes that regulate foreign commerce. But, it provides little black letter law to apply in future foreign commerce clause cases in any area of commerce -- horse, cyber, or other.

This case is Cavel International, Inc., et al. v. Lisa Madigan, U.S. Court of Appeals for the 7th Circuit, App. Ct. No. 07-2658, an appeal from the U.S. District Court for the Northern District of Illinois, Western Division, 07 C 50100, Judge Judge Frederick Kapala presiding. Judge Posner wrote the opinion of the Court of Appeals, in which Judges Easterbrook and Rovner joined.

More News

9/20. The Senate Judiciary Committee (SJC) amended and approved S 1845 [LOC | WW], an untitled bill that would limit communications between the staffs of the White House and the Department of Justice (DOJ).

9/17. Department of Agriculture's (USDA) Rural Utilities Service (RUS) published a notice in the Federal Register that announces that it received no adverse comments regarding the direct final rule amending its regulations to update the eligibility criteria for the Community Connect Broadband Grant Program. This notice adds that effective date of this direct final rule is September 17, 2007. See, notice in the Federal Register, September 17, 2007, Vol. 72, No. 179, at Pages 52779-52780. See also, notice containing the direct final rule, Federal Register: August 3, 2007, Vol. 72, No. 149, at Pages 43131-43137.

9/13. The U.S. Court of Appeals (8thCir) issued its per curiam unpublished opinion [2 page in PDF] in Schulz v. IRS. The Court of Appeals affirmed the judgment of the District Court, which denied a motion to quash an IRS third party summons issued to PayPal in an enforcement action. This case is Robert Schulz v. Internal Revenue Service, et al., U.S. Court of Appeals for the 8th Circuit, App. Ct. No. 06-2891, an appeal from the U.S. District Court for the District of Nebraska.

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Washington Tech Calendar
New items are highlighted in red.
Monday, September 24

The House will meet at 12:30 PM for morning hour and at 2:00 PM for legislative business. The House 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. At 3:00 PM it will begin consideration of the conference report on HR 1495 [LOC | WW], the "Water Resources Development Act".

The Supreme Court will hold the opening conference of its October Term 2007.

9:00 AM - 5:00 PM. Day one of a two day conference titled "A Roadmap to REAL ID Compliance and Inter-State Collaboration". See, conference web site. Location: Renaissance Hotel 999 9th St., NW.

12:00 NOON - 2:00 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Proposed Free Trade Agreements with Peru, Panama, Colombia and Korea". The speakers will be Jamie Estrada (Deputy Assistant Secretary for Manufacturing at the Department of Commerce), Marc Lautenbach (IBM), John Zogby (pollster), and Robert Atkinson (ITIF). Lunch will be served. Location: Room B-354, Rayburn Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Privacy and Data Security Committee will host a brown bag lunch titled "Why Privacy Matters to Your Company or Clients". For more information, contact Lisa Cordell at lcordell at fh-law dot com, Yaron Dori at YDori at HHLAW dot com, Ronnie London at ronnielondon at dwt dot com, or Jenell Trigg at strigg at lsl-law dot com. RSVP to Lisa Cordell at lcordell at fh-law dot com. Location: Hogan & Hartson, Litigation Center Moot Court Room (one level below the main lobby), 555 13th St., NW.

Tuesday, September 25

The House will meet at 9:00 AM for morning hour and at 10:00 AM for legislative business. The House will consider numerous non-technology related items under suspension of the rules. See, Rep. Hoyer's calendar [PDF].

8:30 AM - 1:00 PM. The American Enterprise Institute (AEI) will host an event titled "Biotechnology and the Patent System: The Economic Implications of the Proposed Patent Reform Act of 2007". See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

8:30 AM - 12:00 PM. The American Society of Access Professionals (ASAP) will host a one half day conference titled "Opening the Door on Privacy Issues". The topics to be addressed include "Social Security Numbers: Can the Government Operate Without the Use of SSNs?", "Federal Information Security: Safeguarding, Reporting, and Training", and "Identity Theft and Sharing Information in Today’s Security Conscious Environment". Location: Ronald Reagan and International Trade Center, 1300 Pennsylvania Avenue, NW.

8:30 AM - 4:30 PM. Day two of a two day conference titled "A Roadmap to REAL ID Compliance and Inter-State Collaboration". See, conference web site. Location: Renaissance Hotel 999 9th St., NW.

9:00 AM - 1:00 PM. The National Telecommunications and Information Administration (NTIA) will hold a public meeting regarding its Digital-to-Analog Converter Box Coupon Program. See, NTIA notice, and notice in the Federal Register, July 20, 2007, Vol. 72, No. 139, at Page 39799. Location: Department of Commerce, Auditorium, 1401 Constitution Ave., NW.

TIME AND AGENDA CHANGE. 9:30 AM - 11:15 PM. The Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) will host an event titled "Summit on Communications Network Surge Management in Emergencies". See, notice [PDF]. Location: FCC, Commission Meeting Room, 445 12th St., SW.

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Strengthening FISA: Does the Protect America Act Protect Americans' Civil Liberties and Enhance Security?" The witnesses will be Michael McConnell (Director of National Intelligence), James Baker (Harvard Law School, and previously Counsel for Intelligence Policy, Department of Justice), James Dempsey (Center for Democracy and Technology), Suzanne Spaulding (Bingham Consulting Group), and Bryan Cunningham (Morgan & Cunningham). See, notice. Location: Room 216, Hart Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "From Imus to Industry: The Business of Stereotypes and Degrading Images". The hearing will be webcast by the HJC. Location: Room 2123, Rayburn Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution, Civil Rights and Civil Liberties will hold a hearing titled "Oversight Hearing on the Employment Section of the Civil Rights Division of the U.S. Department of Justice". See, notice. Location: Room 2141, Rayburn Building.

10:30 AM. The House Ways and Means Committee will meet to mark up HR __, a bill to implement the US-Peru trade promotion agreement. See, notice. Location: Room 1100, Longworth Building.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "Digital Music and Practice Before the Copyright Royalty Board". The speakers will be Jacqueline Charlesworth (National Music Publishers' Association), Michael Huppe (SoundExchange, Inc.), David Oxenford (Davis Wright Tremaine), Steven Englund (Jenner & Block), and Lee Knife (Digital Media Association). The price to attend ranges from $10 to $30. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) FCC Enforcement Practice Committee will host a brown bag lunch. It will be a "Kick Off meeting for Enforcement Committee Members". RSVP to Kerry Loughney at kerry at fcba dot org. Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

12:30 PM - 4:30 PM. The American Society of Access Professionals (ASAP) will host a one half day conference titled "Spotlight on National Security Issues". Location: Ronald Reagan and International Trade Center, 1300 Pennsylvania Avenue, NW.

1:00 - 3:00 PM. The House Intelligence Committee's (HIC) Subcommittee on Technical and Tactical Intelligence will hold a closed hearing titled "Digital Globe". Location: Room H-405, Capitol Building.

1:00 - 4:00 PM. The Department of Transportation's (DOT) Intelligent Transportation Systems Program Advisory Committee (ITSPAC) will meet. See, DOT's ITS web page, and notice in the Federal Register, September 6, 2007, Vol. 72, No. 172, at Page 51290. Location: Conference Room 7, lobby level, West Building, DOT, 1200 New Jersey Ave., SE.

1:00 PM. The House Judiciary Committee's (HJC) Antitrust Task Force will hold a hearing titled "Oversight Hearing of the Antitrust Agencies: Department of Justice Antitrust Division and Federal Trade Commission Bureau of Competition". See, notice. Location: Room 2141, Rayburn Building.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on nominations of John Tinder (to be a Judge of the U.S. Court of Appeals for the 7th Circuit) and Robert Dow (to be a Judge of the U.S. District Court for the Northern District of Illinois). See, notice. Location: Room 226, Dirksen Building.

3:00 - 4:30 PM. The New America Foundation will host a book presentation by Amy Zeigart, author of the book titled Spying Blind: the CIA, the FBI, and the Origins of 9/11. See, notice. Location: NAF, 7th Floor, 1630 Connecticut Ave., NW.

TIME?. The U.S.-China Economic and Security Review Commission (USCC) will hold a hearing. Location?

Wednesday, September 26

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

8:00 AM - 4:15 PM. The Federal Communications Commission (FCC) will host a day long event titled "Digital Television Consumer Education Workshop". See, FCC release. Location: FCC, 445 12th St., SW.

8:00 - 9:30 AM. The Federal Communications Bar Association's (FCBA) and the Northern Virginia Technology Council (NVTC) will host an event titled "Digital Media and Emerging Legal Challenges". The speakers will include Lauren Van Wazer (Cox Enterprises), David Gardy (TV Worldwide), Raj Sharma (3CLogic), Thomas Sydnor (Progress & Freedom Foundation), and Kurt Wimmer (General Counsel of Gannett). See, notice. Prices vary. Location: Ritz-Carlton, 1700 Tysons Boulevard, McLean, VA.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "Meeting the Need for Interoperability and Information Security in Health IT". The hearing will be webcast by the HSC. For more information, all 202-225-6375. Location: Room 2318, Rayburn Building.

12:00 NOON - 2:00 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "How Will the New CFIUS Reform Legislation Affect FDI in the US?". The speakers will be Nova Daly (Deputy Assistant Secretary for Investment Security, Department of Treasury), Joseph Dennin (McKenna Long & Aldridge), Jamie Gorelick (Wilmer Hale), Scott Morris (House Committee on Financial Services), and Linda Menghetti (Emergency Committee for American Trade). The price to attend ranges from $0 to $30. For more information, call 202-626-3463. See, notice. Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

Day one of a two day event hosted by the American Society of Access Professionals (ASAP) titled "Annual Symposium and Training Conference". Location: Ronald Reagan and International Trade Center, 1300 Pennsylvania Avenue, NW.

Thursday, September 27

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

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 1267 [LOC | WW], the "Free Flow of Information Act of 2007", S 2035, [LOC | WW], also titled the "Free Flow of Information Act of 2007", and S 980, [LOC | WW] the "Online Pharmacy Consumer Protection Act of 2007". 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.

10:00 AM - 12:00 NOON. The House Intelligence Committee's (HIC) Subcommittee on Technical and Tactical Intelligence will hold a closed hearing titled "The Boeing Company". Location: Room H-405, Capitol Building.

10:00 AM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet. See, notice in the Federal Register, July 26, 2007, Vol. 72, No. 143, at Pages 41074-41075. Location: FCC, Room TW-C305, Commission Meeting Room, 445 12th St., SW.

12:15 - 2:00 PM. The Federal Communications Bar Association's (FCBA) Cyberspace Practice and Wireless Telecom Practice Committees will host a lunch titled "700 MHz Auction: Will the Reality Match the Hype?". The speakers will be Christopher Guttman-McCabe (CTIA - Wireless Association), Harlin McEwen (International Association of Chiefs of Police), Janice Obuchowski (Frontline Wireless), and Richard Whitt (Google). The price to attend is $15. Reservations and cancellations are due by 12:00 NOON on September 25. See, registration form [PDF]. Location: Sidley Austin, 6th Floor, 1501 K St., NW.

TIME? The Alliance for Public Technology (APT), National Catholic Educational Association (NCEA), and National Association of Independent Schools (NAIS) will hold a brown bag lunch. RSVP to apt at apt dot org. Location: __?

2:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing titled "An Examination of the Google DoubleClick Merger and the Online Advertising Industry: What Are the Risks for Competition and Privacy?" Sen. Herb Kohl (D-WI) will preside. See, notice. Location: Room 226, Dirksen Building.

2:00 - 3:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will meet by teleconference. See, notice in the Federal Register, December 29, 2006, Vol. 71, No. 250, at Page 78451.

2:30 PM. The Senate Commerce Committee (SCC) will meet to mark up bills, including S 1453 [LOC | WW], the "Internet Tax Freedom Act (ITFA) Extension Act of 2007", and S 1965 [LOC | WW], the "Protecting Children in the 21st Century Act", a bill pertaining to child pornography and online predation. See, notice. Location: Room 253, Russell Building.

3:00 - 5:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. See, FCC Public Notice (DA 07-3842) and notice in the Federal Register, September 11, 2007, Vol. 72, No. 175, at Page 51814. Location: FCC, Room 3-B516, 445 12th St., SW.

TIME? The Office of the U.S. Trade Representative (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. The hearing may also be continued on September 28. See, notice in the Federal Register, July 25, 2007, Vol. 72, No. 142, at Pages 40905-40906. Location: Room 1, 1724 F St., NW.

Day two of a two day event hosted by the American Society of Access Professionals (ASAP) titled "Annual Symposium and Training Conference". Location: Ronald Reagan and International Trade Center, 1300 Pennsylvania Avenue, NW.

Deadline to submit comments to the Department of Transportation's (DOT) Research and Innovative Technology Administration (RITA) regarding the Nationwide Differential Global Positioning System (NDGPS) Program. See, notice in the Federal Register, August 1, 2007, Vol. 72, No. 147, at Pages 42219-42220.

Friday, September 28

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

8:30 AM - 5:00 PM. The DC Bar Association will host a program titled "Feist, Facts, and Functions: IP Protection for Works Beyond Entertainment". The price to attend ranges from $25 to $50. For more information, call 202-289-7442. See, notice. Location: Cosmos Club, 2121 Massachusetts Ave., NW.

12:15 - 2:00 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: Willkie Farr & Gallagher, Suite 200, 1875 K St., NW.

1:30 - 3:30 PM. The American Enterprise Institute (AEI) will host another panel discussion titled "Is Sarbanes-Oxley Impairing Corporate Risk-Taking?". The speakers will be Peter Wallison (AEI), Katherine Litvak (University of Texas at Austin School of Law), Henry Butler (Northwestern University), and Richard Geddes (Cornell University). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

4:00 PM. Abdoulaye Wade, President of Senegal, will give a speech titled "I Don't Want Money. I Want Trade Agreements". See, notice. Location: Cato Institute, 1000 Massachusetts Ave., NW.

Sunday, September 30

Effective date of the U.S. Patent and Trademark Office's (USPTO) final rule adjusting certain patent fee amounts to reflect fluctuations in the Consumer Price Index (CPI). See, notice in the Federal Register, August 22, 2007, Vol. 72, No. 162, at Pages 46899-46903.