10/23. The House Foreign Affairs Committee (HFAC) amended and approved HR 275 [LOC | WW], the "Global Online Freedom Act of 2007" by voice vote. The HFAC approved an amendment in the nature of a substitute [29 pages in PDF] offered by the sponsor, Rep. Chris Smith (R-NJ).

Introduction. This bill provides that US internet companies can be sued or criminally prosecuted in the US for providing foreign governments that restrict internet freedom with "personally identifiable information" (PII) of their users for purposes other than "legitimate foreign law enforcement purposes".

For example, Yahoo could be sued for damages, and punitive damages, in a US District Court by a citizen of the People's Republic of China (PRC) for providing the PRC government with identifying information about a Yahoo user who the PRC considers to be engaged in illegal online dissident activity.

More specifically, the bill:

• prohibits covered internet companies from locating "personally identifiable information" (PII) in a country designated by the President as an "Internet-restricting country" (IRC).
• prohibits covered internet companies from disclosing PII to any IRC, except for "legitimate foreign law enforcement purposes", as determined by the Department of Justice (DOJ), and additionally creates a private right of action for violation
• mandates disclosure by covered internet companies regarding IRC requested manipulation of search engine results
• mandates disclosure by covered internet companies regarding IRC requested removal or blocking of content
• prohibits covered internet companies from "Internet jamming of a United States-supported Web site", including those supported by the Broadcasting Board of Governors (BBG)
• imposes criminal penalties for violation of any of the above.

This bill promotes freedom of expression on the internet.

If this bill were enacted into law, then the US would be asserting extraterritorial authority over activity that takes place in other countries. That is, a company could be sued or prosecuted in the US for activity that takes place entirely within another country, and is not only legal, but mandated by the laws of that other country.

The US does not view with favor statutes of other countries that prohibit conduct in the US that is legal in the US.

This bill reflects a triumph of US conceptions freedom of expression and privacy over principles of national sovereignty and international comity.

Rep. Smith (at right) stated in a release, referring to Yahoo's role in the Shi Tao case in the PRC, that "It is bad enough that U.S. technology firms may have helped a ruthless regime intimidate, arrest and persecute pro-democracy advocates, but now it appears that some in the industry are attempting to cover-up those despicable acts so they can continue their business dealings in China. Congress must pass the Global Online Freedom Act to end shameful practice of American IT companies doing the Chinese Government's dirty work".

He added that "History shows that US companies have at times in the past provided the technology to crush human rights. For instance, IBM were good soldiers with the Gestapo. Now, US companies, that originally thought they were helping bring freedom have found themselves -- wittingly or unwittingly -- part of a regime ... Dictatorships need two pillars to survive -- propaganda and secret police. The Internet -- if misused -- gives them both in spades".

February 2006 Hearing. On February 15, 2006, the HFAC, which was then named the House International Relations Committee, held a hearing titled "The Internet in China: A Tool for Freedom or Suppression?" See, transcript [HTML | PDF] and Yahoo's written responses [PDF] to HFAC questions.

Yahoo described its responses to requests  from the PRC government for information about its users. It wrote that it "provided information as legally required to comply with government demands".

It added that "Yahoo! China responded only to officers authorized by their respective law enforcement agencies to submit a law enforcement demand. Yahoo! China required the information demand to be in writing on official law enforcement letterhead with official agency seal. Yahoo! China only provided information as legally required to comply with government demands and construed demands in the narrowest way possible to avoid revealing any unnecessary information about our users while still complying with the legal demand. Unfortunately, to our knowledge, there is no process for appealing such a demand in China. PRC law gives law enforcement authorities the right to demand and receive user information in the exercise of their investigative powers."

Rep. Smith wrote in his release that "representatives from major tech Internet firms Microsoft, Google, Yahoo! and Cisco Systems testified under oath that they have complied with Chinese censorship laws and/or provided personally identifiable information about Internet users to repressive regimes in countries where they do business."

He also addressed the case of Shi Tao in his release. He stated that "Shi Tao is unjustly serving time in prison as a result of information Yahoo provided to Chinese authorities. Moreover, Yahoo officials who came before my committee -- during a hearing I chaired -- in sworn testimony said they knew nothing ‘about the nature of the investigation’ into Shi Tao. The Global Online Freedom Act will prohibit US technology companies from cooperating with repressive regimes so that others do not meet Shi Tao’s fate".

Findings and Policy. The bill begins with a finding that "Freedom of speech and freedom of the press are fundamental human rights".

The bill does not note in its findings that the US is largely alone in the world in the extent to which it protects freedom of speech, or of the press. Even democratic nations whose constitutions embody many principles of classical liberalism, such as Canada and the United Kingdom, afford less protection that the US. Other nations, such as the PRC offer significantly less.

The bill further finds that "Authoritarian foreign governments", including the "People's Republic of China", routinely block access to news and information over the internet.

It states that "This censorship by the Chinese Government allows that Government to promote a xenophobic—and at times particularly anti-American -- Chinese nationalism, the long-term effect of which will be deleterious to United States efforts to improve the relationship between the United States and China."

It also states that "Technology companies in the United States have succumbed to pressure by authoritarian foreign governments to provide such governments with information about Internet users that has led to the arrest and imprisonment of ``cyber dissidents´´, in violation of the corporate responsibility of such companies to protect and uphold human rights."

It also states that US tech companies "have provided technology and training to authoritarian foreign governments which have been used by such governments in filtering and blocking information that promotes democracy and freedom", and that these companies "should develop standards by which they can conduct business with authoritarian foreign governments while protecting human rights to freedom of speech and freedom of expression."

The bill states that it is the policy of the US to "to deter any United States business from cooperating with officials of Internet-restricting countries in effecting the political censorship of online content."

IRCs. The prohibitions and mandates of this bill only apply with respect to an "Internet-restricting country" or IRC. The bill establishes an administrative process for designation of IRCs.

The bill would create at the Department of State (DOS) an "Office of Global Internet Freedom" or OGIF.

Although, its powers would be limited. It would serve as "the focal point for interagency efforts to protect and promote freedom of electronic information abroad".

The OGIF would also "establish a regularized consultative process" to "develop a voluntary code of minimum corporate standards related to Internet freedom"

It would also "advise the appropriate congressional committees of legislative action". The bill defines these committees to be the foreign affairs committees and the commerce committees.

The bill then requires the President to annually "designate Internet-restricting countries" and submit a report regarding such designations to the Congress.

Ban on Locating PII in IRC. The bill then provides, at Section 201(a), that "A United States business may not locate, within a designated Internet-restricting country, any electronic communication that contains any personally identifiable information."

Ban on Giving PII to IRC. The bill provides, at Section 202(a), that "If a United States business collects or obtains personally identifiable information through the provision of products or services on the Internet, such business may not provide such information to any foreign official of an Internet-restricting country, except for legitimate foreign law enforcement purposes as determined by the Department of Justice."

The bill defines "legitimate foreign law enforcement purposes" as "for purposes of enforcement, investigation, or prosecution by a foreign official based on a publicly promulgated law of reasonable specificity that proximately relates to the protection or promotion of the health, safety, or morals of the citizens of that jurisdiction."

What is "legitimate" law enforcement is subjective, and based on values that vary by culture. Some US criminal prohibitions are arguably not legitimate protections of health, safety or morals, even by US standards.

Private Right of Action. The bill provides, at Section 202(c), that "Any person aggrieved by a violation of this section may bring an action for damages, including punitive damages, or other appropriate relief in the appropriate district court of the United States, without regard to the amount in controversy, and without regard to the citizenship of the parties."

The reference to "this section" likely means Section 202, which prohibits covered internet companies from disclosing PII to any IRC, except for "legitimate foreign law enforcement purposes" as determined by the DOJ. If this is the correct interpretation, then there would be no private right of action for violating the ban on locating PII in an IRC, or for violation of the requirements to disclose IRC requested manipulation of search engine results and removal or blocking of content.

The bill's references to "action for damages" and "other appropriate relief" omits any reference to injunctive and other equitable relief. Defendants would likely assert that equitable relief is not available in any private right of action.

The bill does not define the term "person aggrieved". While this would likely cover any individual whose speech was suppressed, or who was arrested or incarcerated, its scope is not defined.

The bill is not clear as to what persons would be "aggrieved". For example, it does not clarify whether a dependent of a person incarcerated as a result of a prohibited disclosure, a reader of an internet speaker whose speech has been suppressed, or a human rights group, would have a cause of action.

The bill does not define the term "person". Thus, any defendant would likely assert in an action brought by an online news and information business whose web site has been blocked that it has no cause of action.

The bill is also silent as to class representation.

As a practical matter, it is possible that this bill, if enacted, would result in few significant private actions. First, the President must designate a country as an IRC. Department of State officials, as well as internet companies, would likely lobby the President against designating strategically important countries such as the PRC as IRCs.

Second, there is the matter of the DOJ's designation of "legitimate foreign law enforcement purposes". The bill not specify whether such a determination is a condition precedent for the filing a private action, whether such a determination is a condition precedent for entry of judgment against an IRC, whether a District Court would stay a proceeding pending a determination from the DOJ, or whether other procedure would apply. The bill provides guidance to the DOJ as to what "legitimate foreign law enforcement purposes" are. However, it provides no procedural guidance.

Whatever the procedural implications, the DOJ routinely seeks the assistance and cooperation of law enforcement authorities in the PRC. It would be reluctant to make any determination that PRC authorities are engaging in activity that is not "legitimate".

Mandatory Disclosures. The bill requires several disclosure by internet companies regarding foreign government requested manipulation of search engine results, and removal or blocking of content.

The bill provides, at Section 203, that "Any United States business that creates, provides, or hosts an Internet search engine shall provide the Office of Global Internet Freedom ... with all terms and parameters used to filter, limit, or otherwise affect the results provided by the search engine that are implemented -- (1) at the request of ... an Internet-restricting country; or (2) to comply with a policy or practice of restrictions on Internet freedom in an Internet-restricting country."

The bill provides, at Section 204, that "Any United States business that maintains an Internet content hosting service shall provide the Office of Global Internet Freedom ... with the Uniform Resource Locators (URLs) of all data and content that such business has", at the request of an Internet-restricting county, "(1) removed from the content hosting service of such business; (2) blocked from availability on the Internet; or (3) blocked from transmission via the Internet into or within an Internet-restricting country."

Prohibition of Jamming US Supported Web Sites. The bill provides, at Section 205, that "A United States business that maintains an Internet content hosting service may not conduct Internet jamming of a United States-supported Web site or United States supported content in an Internet-restricting country."

Civil and Criminal Prosecution. The bill then provides, at Section 206, for civil penalties in DOJ brought actions, and criminal penalties, for violation of Section 201-205 of the bill.

Violation of the ban on giving PII to IRCs would carry the highest penalties -- up to $2 Million for the company, and up to $100,000 for officers, directors and others. Maximum penalties for other violations would be small -- $10,000.

Other Provisions. The bill provides, at Section 207, for Presidential authority to waive application of any provision of Sections 201-205 of the bill.

The bill would impose no export controls. However, it would require that a study be conducted.

The bill provides, in Section 301, for a "feasibility study regarding the development of export controls and export license requirements regarding the export of any item subject to sections 730 through 774 of title 15, Code of Federal Regulations (commonly known as the ‘‘Export Administration Regulations’’) to an end user in an Internet-restricting country for the purpose, in whole or in part, of facilitating substantial restrictions on Internet freedom."

The bill would require that reports prepared pursuant to Section 116 of the Foreign Assistance Act of 1961, which is codified at 22 U.S.C. § 2151n, shall "include an assessment of the freedom of electronic information in each foreign country."

Committee Jurisdiction. While this bill infringes upon the sovereignty of other nations, its prospects for passage in its current form may be affected more by its impact upon the jurisdiction of the House Commerce Committee (HCC). This bill is not fundamentally about US relations with other countries. Rather, it pertains to regulation of the commercial practices of US companies.

Moreover, its crime component involves the jurisdiction of the House Judiciary Committee (HJC). The bill has also been referred to the HCC, but not the HJC. (Additionally, the bill applies to "any issuer of a security registered pursuant to section 12 of the Securities Exchange Act of 1934", but has not been referred to the House Financial Services Committee (HFSC).)

From the HCC members' perspective, this bill may constitute an exercise of authority over commercial activity by US companies by a competing committee. Moreover, it gives primary administrative authority to the Department of State, which is overseen by the competing committee.

The HCC zealously guards, and jealously seeks to expand, its authority over the regulation of commercial activity. In recent years it has particularly focused on consolidating its authority over internet commerce. For a decade it has sparred with the HJC, which has authority of intellectual property and crime. With this bill, the HFAC seeks a major role. To the extent that the internet is global in nature, and communications is increasing global in nature, the HFAC's legislative activity could hypothetically be expanded into other areas historically handled by the HCC.

Finally, it should be noted that the bill does not state where or how it would be codified in the U.S. Code. It does not designate Title 22 (regarding foreign relations), Title 15 (regarding regulation of commerce), or Title 18 (regarding criminal activity).

Cosponsors. The bill is cosponsored by Rep. Tom Lantos (D-CA), the Chairman of the HFAC, Rep. Dana Rohrabacher (R-CA), Rep. Frank Wolf (R-VA), Rep. Dan Burton (R-IN), Rep. Tim Ryan (D-OH), Rep. David Wu (D-OR), and Rep. Thaddeus McCotter (R-MI).

10/18. The Office of the U.S. Trade Representative (OUSTR) released a document [50 pages in PDF] titled "Annual Reform Recommendations from the Government of the United States to the Government of Japan under the U.S.-Japan Regulatory Reform and Competition Policy Initiative".

This document makes recommendations to the government of Japan regarding things that it could do to open new markets, reduce burdensome regulations, increase transparency, and stimulate competition. This document contains no recommendations to the government of the US regarding things that it could do to open new markets, reduce burdensome regulations, increase transparency, and stimulate competition in the US.

Susan Schwab (at right) stated in a release that "These tangible reform steps will help boost growth and opportunity by lowering costs, raising efficiency, and spurring new innovative products and services that will benefit all Japanese citizens."

The OUSTR document addresses topics such as medical devices, pharmaceuticals, and financials services. It also addresses information and communications technologies.

Wireless Services. The report recommends that Japan "Conduct broadband wireless spectrum assignment currently under consideration (two licenses proposed for 2.5 GHz spectrum) in a timely, transparent, objective and non-discriminatory manner that adheres to principles of technology neutrality". (Parentheses in original.)

It also recommends that Japan "Ensure new entrants’ ability to roam onto existing mobile networks, particularly of the dominant NTT DoCoMo network", and "Clarify that spectrum user fees will not be applied to license-exempt use of spectrum, the imposition of which could unduly constrain innovative uses of spectrum and require burdensome and inefficient collection mechanisms."

Wireline Interconnection. The report recommends that Japan "Ensure that interconnection rates offered by NTT East and West continue to be set in a transparent manner, consistent with cost-oriented principles, even after transition away from long-run incremental cost (LRIC) methodology is implemented", and "Ensure that interconnection arrangements offered by NTT East and West for their Next Generation Network (NGN) are developed in a transparent manner, where all interested parties have an opportunity to comment on economic and technical requirements NTT seeks to impose prior to implementation".

Copyright. The report urges Japan to extend the maximum term of copyrights "toward life of the author plus 70 years for works generally, and to 95 years from publication for works for which the term is not based on a human life." It also requests that Japan adopt a system of statutory damages for copyright infringement.

It also recommends that Japan "Take the necessary measures to defend against infringement online, including via peer-to-peer services, by streamlining the ``notice and takedown´´ system with a faster and more reliable method for requiring disclosure to right holders of contact information for subscribers who use networks to infringe."

It also urges the adoption of "effective civil and criminal remedies for unauthorized circumvention of access controls, and all forms of trafficking in devices or services to circumvent technological protection measures".

10/24. The Senate approved the nomination of Leslie Southwick to be a Judge of the U.S. Court of Appeals (5thCir) by a vote of 59-38. See, Roll Call No. 393.

10/24. Microsoft announced in a release that it "will take a $240 million equity stake in Facebook's next round of financing at a $15 billion valuation, and the companies will expand their existing advertising partnership. Under the expanded strategic alliance, Microsoft will be the exclusive third-party advertising platform partner for Facebook, and will begin to sell advertising for Facebook internationally in addition to the United States."

The House will meet at 10:00 AM for legislative business. There are no technology related items on the schedule. See, Majority Leader Hoyer's schedule for the week of October 22, and schedule for Thursday, October 25.

The Senate will meet at 9:30 AM for morning business. It will then resume consideration of S 294 [LOC | WW], the Amtrak Reauthorization bill.

Day three of a three day conference titled "George Bush China -- U.S. Relations Economic Dialogue". See, conference web site and schedule [PDF]. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.

9:30 AM - 3:30 PM. Day four of a five day meeting of the U.S.-China Economic and Security Review Commission to consider its 2007 end of year report to the Congress. See, notice in the Federal Register, September 25, 2007, Vol. 72, No. 185, at Page 54511. Location: Room 231, Hall of the States, 444 North Capitol St., NW.

10:00 AM. The House Commerce Committee (HCC) will meet to mark up numerous bills, including HR 2601 [LOC | WW], the "Do-Not-Call Registry Fee Extension Act of 2007", HR 3541 [LOC | WW], the "Do-Not-Call Improvement Act of 2007", HR 3526 [LOC | WW], a bill to include all banking agencies within the existing regulatory authority under the Federal Trade Commission Act with respect to depository institutions, HR 3403 [LOC | WW], the "911 Modernization and Safety Act of 2007", and HR 3919 [LOC | WW], the "Broadband Census of America Act of 2007". Press contact: Brin Frazier, Carrie Annand or Lauren Bloomberg at 202-225-5735. Location: Room 2123, Rayburn Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing on HR 3010 [LOC | WW], the "Arbitration Fairness Act of 2007". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Commerce Committee's (SCC) Subcommittee on Interstate Commerce, Trade, and Tourism will hold a hearing to promote trade protectionism. It will be titled "Sweatshop Conditions in the Chinese Toy Industry". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nomination of John Tinder to be a Judge of the U.S. Court of Appeals (7thCir). The SJC rarely follows its published agenda. Location: Room 226, Dirksen Building.

12:00 PM. The Cato Institute will host a panel discussion titled "Should American Workers Fear or Embrace Globalization?" The speakers will be Jagdish Bhagwati, author of the 2004 book [Amazon] tilted "In Defense of Globalization", and Matthew Slaughter (Tuck School of Business). See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Reception for FCC and NTIA Bureau and Office Chiefs". Prices vary. See, registration form [PDF]. Registrations are due by October 19. The FCBA will give no refunds for cancellations. Location: Capital Hilton, 1001 16th St., NW.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "How to Conduct Business in the Current Chinese Legal Environment: Myths and Facts". The speakers will be Paul Manca (Hogan & Hartson), Grace Fremlin (Foley & Lardner), and Steven Robinson (Hogan & Hartson). 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.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Eighth Further Notice of Proposed Rule Making announcing tentative channel designations. This item is FCC 07-138 in MB Docket No. 87-268. See, FCC Public Notice (DA 07-3914) [PDF] and notice in the Federal Register, September 10, 2007, Vol. 72, No. 174, at Pages 51575-51581.

Deadline to submit comments or objections to the Copyright Royalty Judges (CRJ) their royalty rates for use of a musical work in a Public Broadcasting Service distributed program pursuant to the noncommercial educational broadcasting statutory license contained in the Copyright Act. The CRJ announced in a notice in the Federal Register on September 26, 2007, that they are correcting the rates published in the Federal Register on April 17, 2007. See, Federal Register, September 26, 2007, Vol. 72, No. 186, at Pages 54622-54623.

Majority Leader Hoyer's schedule for the week of October 22 states that no votes are expected in the House.

9:00 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Improving Health Care: Why a Dose of IT May Be Just What the Doctor Ordered". The speakers will be Robert Atkinson (ITIF), Daniel Castro (ITIF), former Rep. Nancy Johnson (R-CT), Alan Lotvin (ICORE Magellan Health Services), and Edna DeVries (Marshfield Clinic). See, notice. Location: First Amendment Lounge, National Press Club, 529 14th St., NW.

9:30 AM - 3:30 PM. Day five of a five day meeting of the U.S.-China Economic and Security Review Commission to consider its 2007 end of year report to the Congress. See, notice in the Federal Register, September 25, 2007, Vol. 72, No. 185, at Page 54511. Location: Room 231, Hall of the States, 444 North Capitol St., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless and HLS/Emergency Communications Committees will host a lunch titled "Strengthening Public Safety Through Wireless Technologies". The price to attend is $15. Reservations and cancellations are due by 12:00 NOON on October 24. See, registration form [PDF]. Location: Sidley Austin, 6th Floor, 1501 K St., NW.

5:00 PM. Deadline to submit comments to the Judicial Conference of the U.S.'s (JCUS) Court Administration and Case Management Committee regarding the Department of Justice's (DOJ) proposal that the Public Access to Court Electronic Records (PACER) system terminate public access to unsealed plea agreements filed in criminal cases. See, notice in the Federal Register, September 10, 2007, Vol. 72, No. 174, at Pages 51659-51660, and story titled "DOJ Seeks to Limit Public Access to PACER System" in TLJ Daily E-Mail Alert No. 1,637, September 10, 2007.

8:30 AM - 6:30 PM. Day one of a five day course of instruction hosted by Georgetown University Law Center titled "Georgetown Law -- Academy of WTO Law and Policy". The price to attend is $2,700. For more information, call Christine Washington at 202-662-4052. See, seminar web site and brochure [PDF]. Location: Georgetown Law Gewirz Student Center, 12th Floor, 120 F St., NW.

10:00 AM. The Federal Communications Commission's (FCC) and National Telecommunications and Information Administration's (NTIA) Joint Advisory Committee on Communications Capabilities of Emergency Medical and Public Health Care Facilities will hold its first meeting. See, FCC Public Notice [5 pages in PDF] (DA-07-4325). Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding the roaming obligations of CRMS providers. The FNPRM asks whether the FCC should extend roaming obligations to broadband data services. The FCC adopted this item on August 7, 2007, and released the text on August 16, 2007. It is FCC 07-143 in WT Docket No. 05-265. See, notice in the Federal Register, August 30, 2007, Vol. 72, No. 168, at Pages 50085-50095. See also, story titled "FCC Adopts CMRS Roaming Order and NPRM" in TLJ Daily E-Mail Alert No. 1,623, August 15, 2007.

Effective date of the Federal Communications Commission's (FCC) rules changes regarding roaming obligations of CRMS providers. These rules changes provide that CMRS carriers have roaming obligations as to Title II services. The FCC adopted this item on August 7, 2007, and released the text on August 16, 2007. It is FCC 07-143 in WT Docket No. 05-265. See, notice in the Federal Register, August 30, 2007, Vol. 72, No. 168, at Pages 50085-50095. See also, story titled "FCC Adopts CMRS Roaming Order and NPRM" in TLJ Daily E-Mail Alert No. 1,623, August 15, 2007.

8:30 AM - 6:30 PM. Day two of a five day course of instruction hosted by Georgetown University Law Center titled "Georgetown Law -- Academy of WTO Law and Policy". The price to attend is $2,700. For more information, call Christine Washington at 202-662-4052. See, seminar web site and brochure [PDF]. Location: Georgetown Law Gewirz Student Center, 12th Floor, 120 F St., NW.

9:00 AM - 7:00 PM. The Information Technology Association of America (ITAA) will host its annual Chief Information Security Officers (CISO) Workshop. The speakers will include Greg Garcia (Assistant Secretary, Office of Cyber Security and Communications, Department of Homeland Security), Sherrill Nicely (Office of the Director of National Intelligence), John Lee (Office of Management and Budget). Prices vary. See, notice. Press contact: Charlie Greenwald at 703-284-5305. Location: CSC, Executive Briefing Center, 3170 Fairview Park Dr., Falls Church, VA.

9:30 AM. The U.S. International Trade Commission (USITC) will hold a public hearing to assist it 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. Location: USITC, 500 E St., SW.

10:00 AM - 2:00 PM. The Free State Foundation (FSF) and the Institute for Policy Innovation (IPI) will host an event titled "The Federal Unbundling Commission". The keynote speakers will be Sen. Jim DeMint (R-SC), Rep. Marsha Blackburn (R-TN), and FCC Commissioner Deborah Tate. The other speakers will include Joe Waz (Comcast), Peter Davidson (Verizon), Rick Whitt (Google), James Gattuso (Heritage Foundation), Robert Crandall (Brookings Institution), Christopher Yoo (University of Pennsylvania Law School), Kevin Werbach (University of Pennsylvania's Wharton School), and Tom Sugrue (T-Mobile). RSVP to Erin Fitch at erinfitch at ipi dot org or 972-874-5139. Lunch will be served. Location: Room 2168 (Gold Room), Rayburn Building, Capitol Hill.

12:30 NOON - 2:00 PM. The DC Bar Association will host a program on the book titled " The Terror Presidency: Law and Judgment Inside the Bush Administration" [Amazon], by Jack Goldsmith, a former Assistant Attorney General in charge of the Office of Legal Counsel. The book contains some material on the Foreign Intelligence Surveillance Act (FISA) and the Terrorist Surveillance Program. The speakers will be Goldsmith, Stuart Taylor (National Law Journal), Jeffrey Smith (Arnold & Porter), and Nancy Perkins (Arnold & Porter). The price to attend ranges from $10 to $30. For more information, call 202-626-3463. See, notice. Location: Arnold & Porter, 555 12th St., NW.

1:00 - 3:00 PM. The Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) will meet by teleconference. The conference phone number is 888-790-5019; the passcode is TEITAC. See, TEITAC notice and notice in the Federal Register, September 19, 2007, Vol. 72, No. 181, at Page 53509.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) will host a seminar titled "Lobbying the FCC and Congress: Ethical and Legal Considerations". The speakers will be Kenneth Gross (Skadden Arps), Jane Mago (National Association of Broadcasters), and David Solomon (Wilkinson Barker Knauer). The price to attend ranges from $25 to $135. Reservations and cancellations are due by 12:00 NOON on October 26. See, registration form [PDF]. This event qualifies for CLE credits. Location: Sidley Austin, 6th Floor, 1501 K St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "The Ethics of E-Mail". The speaker will be Thomas Spann (McGuire Woods). 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.

8:30 AM - 6:30 PM. Day three of a five day course of instruction hosted by Georgetown University Law Center titled "Georgetown Law -- Academy of WTO Law and Policy". The price to attend is $2,700. For more information, call Christine Washington at 202-662-4052. See, seminar web site and brochure [PDF]. Location: Georgetown Law Gewirz Student Center, 12th Floor, 120 F St., NW.

9:00 AM. The Federal Communications Commission (FCC) may hold an event titled "Localism Hearing and Open Commission Meeting". See, notice [PDF]. Location: FCC, Commission Meeting Room (TW-C305 ), 445 12th St.,  SW.

9:00 AM - 4:30 PM. Day one of a two day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC). See, notice in the Federal Register, October 12, 2007, Vol. 72, No. 197, at Pages 58108-58109, and Homeland Security Information Network (HSIN) web site. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing on transition to digital television. See, release. The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "Research on Environmental and Safety Impacts of Nanotechnology: Current Status of Planning and Implementation under the National Nanotechnology Initiative". The witnesses will be Clayton Teague (Director of the National Nanotechnology Coordination Office), Floyd Kvamme (Co-Chair of the President’s Council of Advisors on Science and Technology), Vicki Colvin (International Council on Nanotechnology), Andrew Maynard (Woodrow Wilson International Center for Scholars), Richard Denison (Environmental Defense), Paul Ziegler (PPG Industries). The hearing will be webcast by the HSC. Location: Room 2318, Rayburn Building.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-110 [44 pages in PDF] titled "Draft Information System Security Reference Data Model".

Day one of a two day conference hosted by the Federal Trade Commission (FTC) titled "Ehavioral Advertising: Tracking, Targeting, and Technology". See, FTC release and conference web site. Location: FTC Conference Center, 601 New Jersey Ave., NW.

8:30 AM - 12:00 NOON. Day two of a two day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC). See, notice in the Federal Register, October 12, 2007, Vol. 72, No. 197, at Pages 58108-58109, and Homeland Security Information Network (HSIN) web site. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

8:30 AM - 6:30 PM. Day four of a five day course of instruction hosted by Georgetown University Law Center titled "Georgetown Law -- Academy of WTO Law and Policy". The price to attend is $2,700. For more information, call Christine Washington at 202-662-4052. See, seminar web site and brochure [PDF]. Location: Georgetown Law Gewirz Student Center, 12th Floor, 120 F St., NW.

10:00 AM - 5:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure. See, notice in the Federal Register, September 21, 2007, Vol. 72, No. 183, at Pages 54079-54080. Location: NSF, 4201 Wilson Blvd., Room 375, Arlington, VA.

Effective date of most of the U.S. Patent and Trademark Office's (USPTO) changes to its Trademark Rules of Practice. These rules changes require, among other things, plaintiffs in Trademark Trial and Appeal Board (TTAB) inter partes proceedings to serve on defendants their complaints or claims, and to utilize in TTAB inter partes proceedings a modified form of the disclosure practices included in the Federal Rules of Civil Procedure (FRCP). These rules changes also delete the option of making submissions to the TTAB in CD-ROM form. See, notice in the Federal Register, August 1, 2007, Vol. 72, No. 147, at Pages 42241-42264.

Extended 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.

Extended 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.

Tech Law Journal publishes a free access web site and subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year. However, there are discounts for subscribers with multiple recipients. Free one month trial subscriptions are available. Also, free subscriptions are available for journalists, federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until one month after writing. See, subscription information page.

Contact: 202-364-8882.
P.O. Box 4851, Washington DC, 20008.

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