10/15. The Supreme Court of the US (SCUS) denied certiorari in Microsoft v. Odom, a case in which the Court of Appeals held that RICO claim based upon a marketing agreement between Microsoft and Odom survives a motion to dismiss for failure to state a claim.

See, Orders List [9 pages in PDF], at page 8. See also, SCUS docket.

This is a victory for the class action plaintiffs bar.

James Odom alleged in his class action complaint that Microsoft and Best Buy entered into a marketing agreement under which Best Buy would market Microsoft's MSN internet access service. When customers bought certain products at a Best Buy store by credit or debit card, Best Buy would forward their purchase and credit card information to Microsoft. Microsoft would provide them a limited time free MSN internet access account, and thereafter charge the customers' accounts for monthly internet access service, without the customers' knowledge or consent.

Odom alleged that this violated the Racketeer Influenced and Corrupt Organizations Act (RICO), at 18 U.S.C. §§ 1962(c) and (d), and wire fraud (with RICO as the predicate offense) in violation of 18 U.S.C. § 1343. The RICO provides a civil cause of action, with treble damages.

The District Court dismissed for failure to state a claim pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure. It held that Odom had failed to allege associated-in-fact enterprise within the meaning of the RICO under Rule 12(b)(6), and that he failed to plead wire fraud with particularity under Rule 9(b).

Section 1962(c) provides that "It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity or collection of unlawful debt."

The U.S. Court of Appeals (9thCir), en banc, reversed the District Court. See, May 4, 2007, en banc opinion [28 pages in PDF], and story titled "9th Circuit Rules on Civil RICO Actions in in Odom v. Microsoft" in TLJ Daily E-Mail Alert No. 1,576, May 7, 2007.

It held that that a complaint that alleges violation of the federal civil RICO statute based upon the factual allegations that that two companies conspired through a marketing agreement to fraudulently charge for services not ordered by customers survives a FRCP Rule 12(b)(6) motion to dismiss. It held that "associated-in-fact enterprise under RICO does not require any particular organizational structure, separate or otherwise."

That is, the Court of Appeals allowed the case to proceed in the District Court. And now, the Supreme Court has let stand the judgment of the Court of Appeals.

This case is Microsoft Corporation and Best Buy, Co. v. James Odom, Sup. Ct. No. 07-138, a petition for writ of certiorari to the U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 04-35468. The Court of Appeals heard an appeal from the U.S. District Court for the Western District of Washington, D.C. No. CV-03-02976-MJP.

10/9. The Supreme Court of the US (SCUS) denied certiorari in Thomas Mosey v. Dippin Dots, Sup. Ct. No. 07-22, and Dippin' Dots v. Thomas Mosely, Sup. Ct. No. 07-157. See, Orders List [15 pages in PDF] at page 2. This is a patent and antitrust case. The U.S. Court of Appeals (FedCir) issued its opinion [PDF] on February 9, 2007. The patent in suit, U.S. Patent No. 5,126,156, involves ice cream technology. The District Court granted summary of noninfringement and judgment following jury trial that all claims of that patent are obvious, that the patent is unenforceable due to inequitable conduct during prosecution, and that Dippin Dots violated antitrust law by asserting a patent that had been procured through fraud on the Patent Office. The Court of Appeals affirmed the judgments of noninfringement, obviousness, and unenforceability, but reversed the antitrust judgment. The Court of Appeals cases numbers are 2005-1330 and 2005-1582. It heard appeals from the U.S. District Court for the Northern District of Texas.

10/9. The Supreme Court of the US (SCUS) denied certiorari in Compaq Computer Corporation v. Stephen Grider, Sup. Ct. No. 07-95. See, Orders List [15 pages in PDF] at page 2. This is a petition for writ of certiorari to the Court of Civil Appeals of Oklahoma, Third Division, in a class action case brought by Stephen Grider against Compaq (now HP) alleging the sale of defective disk drives. At issue was the class certification. The case will proceed in the state court. See, Supreme Court docket.

10/11. The U.S. District Court (DC) issued an Memorandum Opinion and Order [2 pages in PDF] in Arista Records v. John Does, granting the record companies' request for a Rule 45 subpoena directing George Washington University (GWU) to provide the names, addresses, phone numbers, and e-mail addresses of certain unnamed users of the GWU's computer network to copy and distribute copyrighted music.

GWU is not a party to this action. Rather, record companies, including Arista, filed a complaint in the District Court against unnamed Joe John defendants. The record companies allege that the unnamed defendants have infringed their copyrights, using GWU's network. The record companies further assert that they know the unique internet protocol addresses assigned to the defendants by GWU, but not their identities. The record companies sought a subpoena pursuant to Rule 45, and 47 U.S.C. § 551(c)(2)(B).

Rule 45, Federal Rules of Civil Procedure, governs the issuance of subpoenas in civil actions.

Subsection 551(c)(2)(B), which pertains to "personally identifiable information", provides that "A cable operator may disclose such information if the disclosure is subject to subsection (h) of this section, made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed".

Subsection 551(h) provides, in part, that "a governmental entity may obtain personally identifiable information concerning a cable subscriber pursuant to a court order only if, in the court proceeding relevant to such court order -- (1) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and (2) the subject of the information is afforded the opportunity to appear and contest such entity’s claim".

The District Court granted the request, subject to notice to the defendants by GWU, and an opportunity to quash. The Court wrote that "when GW is served with a subpoena, GW shall give written notice, which may include email notice, to the subscribers in question within five business days. If GW and/or any Defendant wants to move to quash the subpoena, the party must do so before the return date of the subpoena, which shall be 25 days from the date of service. GW shall preserve any subpoenaed information pending the resolution of any timely filed motion to quash."

This case is Arista Records LLC, et al. v. John Does 1-19, U.S. District Court for the District of Columbia, D.C. No. 07-1649 (CKK), Judge Colleen Kotelly presiding.

10/11. The Progress & Freedom Foundation (PFF) released a paper [16 pages in PDF] titled "Parental Control Perfection? The Impact of the DVR and VOD Boom on the Debate over TV Content Regulation". The author is the PFF's Adam Thierer.

Back on April 26, 2007, the Federal Communications Commission (FCC) released a report [39 pages in PDF] in its proceeding titled "In the Matter of Violent Television Programming And Its Impact On Children".

That report found that violent video programming can be harmful to children. It recommended that the Congress could enact legislation to protect children from violent programs, such as through a time channeling solution, or by mandating family tiers or a la carte programming. The report also asserted that such restrictions on speech would not violate the constitutional rights of video providers or viewers.

See, story titled "FCC Recommends that Congress Regulate TV Content to Protect Children from Violence Programs" in TLJ Daily E-Mail Alert No. 1,572, May 1, 2007.

The just released PFF paper argues that "there are better ways to find quality media content, or deal with objectionable media content, than through government mandates".

This paper states that "new video technologies, such as digital video recorders (DVRs) and video on demand (VOD) services, are changing the way households consume media and are helping parents better tailor viewing experiences to their tastes and values. These developments have profound implications for debates over the regulation of television programming. As parents are given the ability to more effectively manage their family's viewing habits and experiences, it will lessen -- if not completely undercut -- the need for government intervention on their behalf."

Thierer argues that parents are now able to build libraries of preferred programming, and then let their children view programming from this library. Parents are now buying content on DVD. They are using digital video recorders (DVRs), also known as personal video recorders, to record content, as with old VCR technology. However, Thierer writes that with the new DVR technology consumers have "an unprecedented level of control over their viewing experiences by allowing them to instantly pause, rewind, and fast-forward programming. DVRs also let consumers watch television on their terms by building an archive of desired programming. Today, all DVRs -- including those sold or leased by cable, telco, and satellite operators -- offer these features."

Thierer also argues that video on demand (VOD) services add to parental control, and that technology companies are providing products and services that make it easier for parent to organize and manage their collection.

Thierer also argues that the quantity of family friendly programming being provided by cable, telco, and satellite operators is increasing, through such options as "ABC Family", "Black Family Channel", "Cartoon Network", "Discovery Kids", and "Disney Channel".

Thierer concludes that "These developments are also important because they undercut the logic of past judicial pronouncements or the need for future regulatory efforts. ... It is impossible to consider video programming an ``intruder´´ in the home when tools exist that can help parents almost perfectly tailor viewing experiences to individual household preferences."

He wrote that "The logic of Pacifica, therefore, is now moot."

In FCC v. Pacifica Foundation, 438 U.S. 726 (1978), the Supreme Court of the US (SCUS) upheld the FCC's power to regulate broadcasting that is indecent, but not obscene. At issue was a radio broadcast of a monologue by gutter comic George Carlin. It its effort to articulate a rationale for regulating speech, the SCUS noted the pervasive, accessible and ubiquitous nature of broadcasting.

10/10. The Department of Justice's (DOJ) Antitrust Division published a section in its web site regarding competition in the real estate industry. The DOJ stated in a release that the purpose of this web site is "to educate consumers and policymakers about the potential benefits that competition can bring to consumers of real estate brokerage services and the barriers that inhibit that competition."

10/3. Rep. Ted Poe (R-TX) stated in the House the there is high tech bounty hunting. He said that "high-tech bounty hunting is now occurring in the United States. The Internet allows law enforcement to track down known sex offenders in the United States. States can find convicted sex offenders that must register under the new Adam Walsh Child Safety Act. Failure of a child molester to register is a Federal crime. ... So these convicted sex offenders who do not register with local authorities are now being arrested using LexisNexis Internet tracking. ... Sex offenders are now being held accountable for failing to register; law enforcement is informed of known sex offenders' whereabouts; future recidivism is prevented; and, meanwhile, children are safer because of high-tech bounty hunting." See, Congressional Record, October 3, 2007, at Page H11176.

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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, Majority Leader Hoyer's calendar for week of October 15, and calendar for Monday, October 15.

The Senate will meet at 2:00 PM for morning business. At 3:00 PM it will resume consideration of HR 3093 [LOC | WW], the Departments of Commerce and Justice and Science Appropriations bill for FY 2008.

9:30 AM. The U.S. Court of Appeals (DC) will hear oral argument in Sprint Nextel v. FCC, App. Ct. No. 06-1111. This case pertains to the FCC's March 21, 2006, release [PDF] that states that the FCC, by operation of law, granted Verizon's December 20, 2004, petition for forbearance from Title II of the Communications Act, and the FCC's Computer Inquiry rules. See, FCC brief [78 pages in PDF]. See also, Verizon's December 20, 2004, petition [29 pages in PDF], its letter of February 7, 2006 ( part I [25 pages in PDF] and part II  [PDF]), and its February 17, 2006, letter [1 page in PDF]. And see, story titled "FCC Announces that Verizon Petition for Forbearance is Deemed Granted" in TLJ Daily E-Mail Alert No. 1,334, March 22, 2006, and story titled "CompTel Seeks Judicial Review of FCC's Granting of Verizon Petition for Forbearance" in TLJ Daily E-Mail Alert No. 1,339, March 30, 2007. Judges Randolph, Garland and Edwards will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

12:00 NOON - 2:00 PM. The Business Software Alliance (BSA) will host panel discussion titled "Wanted: Congressional Help in Cracking Down on Cyber Crime. What Law Enforcement Needs to Defeat Today’s Cyber Criminals". The speakers will be Robert Holleyman (BSA), Rep. Steve Chabot (R-OH), Art Coviello (RSA, The Security Division of EMC Corporation), Richard Downing (DOJ's Computer Crime and Intellectual Property Section), Phil Reitinger (Microsoft), Ron Plesco (National Cyber-Forensics and Training Alliance), and James Lewis (Center for Strategic and International Studies). A box lunch will be served. For more information, contact Tracey Mills at tracey dot mills at dittus dot com or 202-715-1514. RSVP to rsvp at bsa dot org. Location: Room HC-8, Capitol Building.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Practice Committee will host a brown bag lunch titled "Public Performance Rights and Radio Stations". The speakers will be Steve Marks (RIAA), Suzanne Head (NAB), and Gigi Sohn (Public Knowledge). RSVP to Kerry Loughney at kerry at fcba dot org. Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

5:00 PM. The House Rules Committee (HRC) will meet to adopt a rule for consideration of HR 2102 [LOC | WW], the "Free Flow of Information Act of 2007". Location: Room H-313, Capitol Building.

Day one of a two day conference hosted by the U.S. Department of Commerce (DOC), the European Commission (EC), and the Article 29 Working Party on Data Protection titled "Cross Border Data Flows, Data Protection, and Privacy". See, notice in the Federal Register: July 27, 2007, Vol. 72, No. 144, at Page 41290. Location: __?

10:00 AM. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing its Special 301 Out of Cycle Reviews of the adequacy and effectiveness of intellectual property protection and enforcement in Brazil, the Czech Republic, and Pakistan. See, notice in the Federal Register, September 6, 2007, Vol. 72, No. 172, at Pages 51266-51267.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rule Making (FNPRM) regarding spectrum etiquette for unlicensed transmitters that operate in the 915 MHz band. This item is FCC 07-117 in ET Docket No. 03-201. See, notice in the Federal Register, August 1, 2007, Vol. 72, No. 147, Pages 42011-42015.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking (2ndFNPRM) regarding ensuring that the amount of subscription based radio services is limited as radio stations convert to digital broadcasting. This item is FCC 07-33 in MM Docket No. 99-325. See, notice in the Federal Register, August 15, 2007, Vol. 72, No. 157, at Pages 45712-45716.

Deadline to submit reply 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.

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. The agenda for the week includes consideration of HR 3678 [LOC | WW], the "Internet Tax Freedom Act Amendments Act of 2007", and HR 2102 [LOC | WW], the "Free Flow of Information Act of 2007". See, Majority Leader Hoyer's weekly calendar.

Day two of a two day conference hosted by the U.S. Department of Commerce (DOC), the European Commission (EC), and the Article 29 Working Party on Data Protection titled "Cross Border Data Flows, Data Protection, and Privacy". See, notice in the Federal Register: July 27, 2007, Vol. 72, No. 144, at Page 41290. Location?

9:00 AM. The National Parent Teacher Association (PTA), National Education Association (NEA) and National Council of Women's Organizations (NCWO) will hold a news conference to announce an initiative titled the "Smart Television Alliance". For more information, contact Christopher Turman at 202-256-8858 or cturman at natstrat dot com. Location: National Press Club, Lisagor Room, 529 14th St., NW.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Wireline Practice Committee will host a brown bag lunch titled "IP Enabled Services, Access for People with Disabilities, and § 255". The speakers will be Karen Strauss (Coalition of Organizations for Accessible Technology) and Jim Kohlenberger (VON Coalition). RSVP to Keisha Warner at kwarner at akingump dot com or 202-416-5082. Location: Akin Gump, 1333 New Hampshire Ave., NW.

2:30 PM. The House Rules Committee (HRC) will meet to adopt a rule for consideration of HR 3773 [LOC | WW], the "Responsible Electronic Surveillance That is Overseen, Reviewed, and Effective Act of 2007", the RESTORE Act, a FISA reform bill. Location: Room H-313, Capitol Building.

5:15 PM. Deadline to submit briefs for, and requests to to appear and testify at, the U.S. International Trade Commission's (USITC) October 30, 2007, public hearing to assist the USITC in preparing a report for the House Ways and Means Committee regarding government policies affecting trade with the People's Republic of China (PRC). The USITC is examining, among other sectors, semiconductors and telecommunications. See, notice in the Federal Register, July 31, 2007, Vol. 72, No. 146, at Pages 41773-41774, and USITC release. This proceeding is titled "China: Government Policies Affecting U.S. Trade in Selected Sectors" and numbered Inv. No. 332-491.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host a panel discussion titled "Manufacturing of Wireless Handsets -- A Tutorial and Discussion of Effects FCC Regulations Have on the Manufacturing Process". The speakers will be Todd Thayer (Nokia), Tom Dombrowsky (Wiley Rein), Ed Thomas (Harris Wiltshire & Grannis), and Peter Corea (ICO Global Communications). This event qualifies for CLE credits. Location: Wiley Rein, Main Conference Center, 1776 K St., NW.

EXTENDED TO NOVEMBER 1. Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding ten studies related to government regulation of media ownership. See, FCC Public Notice [4 pages in PDF], which is DA 07-3470 in MB Docket Nos. 06-121 and 02-277, and MM Docket Nos. 01-235, 01-317, and 00-244, and notice in the Federal Register, August 8, 2007, Vol. 72, No. 152, at Pages 44539-44540. See also, Public Notice [2 pages in PDF] (DA 07-4097) extending deadlines.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding various proposals to promote minority and female ownership in the media industry. See, notice in the Federal Register, August 8, 2007, Vol. 72, No. 152, at Pages 44457-44466.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Status of the DTV Transition -- Part 2". The witnesses will be Kevin Martin (FCC), John Kneuer (NTIA), and a representative of the Government Accountability Office (GAO). See, release. The hearing will be web cast by the HCC. Location: Room 2123, Rayburn Building.

9:30 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Sex Crimes and the Internet". See, notice. The hearing will be webcast by the (HJC). Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Consumer Wireless Issues". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on the nomination of Michael Mukasey to be Attorney General. See, notice. Location: Room 216, Hart Building.

12:00 NOON - 1:30 PM. The Alliance for Public Technology (APT) will host a brown bag lunch titled "Linking Rural Broadband Deployment and Economic and Community Development". RSVP to apt at apt dot org or 202-263-2970. Location: Hall of States Building, Room 383, 400 North Capitol St., NW.

12:00 NOON - 1:00 PM. The National School Boards Association (NSBA) will host a webcast speech by Will Richardson (Connective Learning) titled "What are the Educational Benefits of Social Networking for Students and Teachers?". See, NSBA webcasts page.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Privacy and Data Security and Young Lawyers Committees will host a brown bag lunch titled "The FTC and the FCC: Do They See Eye-to-Eye?". The topics covered may include childhood obesity, telemarketing, net neutrality, and privacy. For more information, contact Chris Fedeli at chrisfedeli at dwt dot com or Tarah Grant at tsgrant at hhlaw dot com. Location: Hogan & Hartson, First Floor Litigation Center, 555 13th St., NW.

2:00 PM. The House Science Committee (HSC) will hold a hearing titled "Women in Academic Science and Engineering". See, notice. Location: Room 2318, Rayburn Building.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology will hold a hearing titled "The Cyber Threat to Control Systems: Stronger Regulations are Necessary to Secure the Electric Grid". For more information, contact Dena Graziano or Adam Comis at 202-225-9978. Location: Room 311, Cannon Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "The Digital Television Transition: Government and Industry Perspectives". See, notice. Location: Room 253, Russell Building.

The Information Technology Association of America (ITAA) will host a one day conference titled "IdentEvent 2007". The topics addressed will included "Identity Management and Border Security", "Health IT Consumer Authentication", "Employment Verification Authentication", "The Future of Verified Identity", and "Real ID". The speakers will include Rep. Michael McCaul (R-TX), Steward Baker (DHS Assistant Secretary for Policy), and Robert Mocny (Director of the DHS US VISIT program). For more information, contact Jennifer Kerber at jkerber at itaa dot org. See, notice. Location: Grand Hyatt.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rule Making (NPRM) regarding transmitters operating on an unlicensed basis in the 57-64 GHz frequency range. The FCC adopted this item on May 25, 2007, and released the text on June 1, 2007. This item is FCC 07-104 in ET Docket No. 07-113. See, notice in the Federal Register, July 19, 2007, Vol. 72, No. 138, at Pages 39588-39593.

9:30 AM. The House Judiciary Committee's (HJC) Antitrust Task Force will hold a hearing titled "Impact of our Antitrust Laws on Community Pharmacies and their Patients". See, notice. Location Room 2141, Rayburn Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property (SCIIP) will hold a hearing titled "International Piracy: The Challenges of Protecting Intellectual Property in the 21st Century". See, notice. Location: Room 2237, Rayburn Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "Growing Trade, Growing Vigilance:  Import Health and Safety Today and Tomorrow". See, notice. Location: Room 215, Dirksen Building.

12:00 NOON - 1:00 PM. The National School Boards Association (NSBA) will host a webcast speech by Tim Hutton (NSBA attorney) titled "Navigating the Legal Landmines Around New Technologies". See, NSBA webcasts page.

2:00 PM. The House Oversight and Government Reform Committee's (HOGRC) and Subcommittee on Government Management, Organization, and Procurement will hold a hearing titled "Technology for Secure Identity Documents". Location: Room 2247, Rayburn Building.

2:30 PM. The Senate Commerce Committee's Subcommittee on Science, Technology and Innovation will hold a hearing titled "Science Parks: Bolstering U.S. Competitiveness". See, notice. Location: Room 253, Russell Building.

Day one of a three day conference of the American Intellectual Property Law Association (AIPLA). At 9:00 AM - 12:00 NOON, there will be a series of presentations titled "Has the Supreme Court Signaled a Major Overhaul of the Subject Matter Eligibility Standard for Patent Protection?" The speakers will include Judge Paul Michel, representatives of the USPTO, and practicing attorneys. See, conference web site. Location: Marriott Wardman Park, 2660 Woodley Road, NW.

Deadline to submit applications to the Federal Communications Commission (FCC) to participate in its Attorney Honors Program for 2008. See, FCC notice [PDF].

Day two of a three day conference of the American Intellectual Property Law Association (AIPLA). At 8:45 - 11:45 AM, there will be a series of presentations titled "Fraud & Inequitable Conduct at the USPTO: Trademark & Patent Perspectives". The speakers will include Judge Paul Michel, representatives of the USPTO, and practicing attorneys. Also at 8:45 - 11:45 AM, there will be a series of presentations titled "Can You Do That? Fair v. Unfair Uses of IP". Also at 8:45 - 11:45 AM, there will be a series of presentations titled "Inherent Anticipation and Declaratory Judgment Actions". At 12:15 - 1:45 PM, Judge Randall Rader will give the luncheon address. See, conference web site. Location: Marriott Wardman Park, 2660 Woodley Road, NW.

9:00 AM - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a forum titled "Building the Broadband Economy and Society". The speakers will be Robert Atkinson (ITIF), Ev Ehrlich (a former Undersecretary of Commerce), John Mayo (McDonough School of Business, Georgetown University), Steve Weber (UC Berkeley), Mark Lloyd (Center for American Progress), William Lehr (MIT). See, agenda. Location: Thornton Room, 11th Floor, Hyatt Regency Washington, 400 New Jersey Ave., NW.

TIME? Linda Thomsen (Director of the Securities and Exchange Commission's Division of Enforcement) will give a speech titled "Sarbanes-Oxley Act of 2002, Five Years Later: Assessing Its Impact, Charting Its Future". For more information, contact Lisa Fairfax at 410-706-2724. Location: University of Maryland School of Law, Baltimore, MD.

Deadline to submit to the Office of the United States Trade Representative (OUSTR) post-hearing briefs for the GSP Subcommittee Public Hearing (on October 3-4, 2007) 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.

Deadline to submit to the Office of the United States Trade Representative (OUSTR) applications for nominations by the US to WTO dispute settlement panels. This is for nomination to the indicative list of non-governmental potential panelists provided for in Article 8.4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and in the Decision on Certain Dispute Settlement Procedures for the General Agreement on Trade in Services (GATS) of the World Trade Organization (WTO). See, notice in the Federal Register, September 17, 2007, Vol. 72, No. 179, at Pages 52942-52944.

Day three of a three day conference of the American Intellectual Property Law Association (AIPLA). See, conference web site. Location: Marriott Wardman Park, 2660 Woodley Road, NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "XM-SIRIUS: An Out of This World Monopolist or Just Another Down-to-Earth Competitor?". The speakers will be Lawrence Walke (National Association of Broadcasters), Andrew Schwartzman (Media Access Project), and Ryan Wallach (Willkie Farr & Gallagher). The price to attend ranges from $15 to $30. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) regarding ten studies related to government regulation of media ownership. See, FCC Public Notice [4 pages in PDF], which is DA 07-3470 in MB Docket Nos. 06-121 and 02-277, and MM Docket Nos. 01-235, 01-317, and 00-244, and notice in the Federal Register, August 8, 2007, Vol. 72, No. 152, at Pages 44539-44540. See also, Public Notice [2 pages in PDF] (DA 07-4097) extending deadlines.