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Friday, October 26, 2007, Alert No. 1,663.
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Senate Approves 7 Year Extension of Internet Tax Ban

10/25. The Senate amended and approved HR 3678 [LOC | WW], the "Internet Tax Freedom Act Amendments Act of 2007". This version contains a seven year extension. The version approved by the House on October 16, 2007 contains a four year extension. The current ban expires on November 1, 2007.

In the final approval, the Senate acted by unanimous consent, with little discussion. See, amendment in the nature of a substitute approved by the Senate.

The Congress enacted the original Internet Tax Freedom Act (ITFA) in late 1998. It is codified at 47 U.S.C. § 151 note. The original ban was for three years. The Congress has since provided short extensions, further definitions, and added to the exemptions.

The current ban provides that "No State or political subdivision thereof may impose ... Taxes on Internet access" or "Multiple or discriminatory taxes on electronic commerce". There are, however, grandfathered taxes, and numerous exceptions.

The House Judiciary Committee (HJC) amended and approved its version of HR 3678 on October 10, 2007. It contains a four year extension of the ban. See, amendment in the nature of a substitute [8 pages in PDF]. The final vote was unanimous. However, the HJC divided alone party lines on the length of the extension. Republicans and Rep. Zoe Lofgren (D-CA) sought a permanent ban, but were in the minority. See also, stories titled "Summary of HR 3678" and "House to Consider Extension of Act Limiting Internet Taxes" in TLJ Daily E-Mail Alert No. 1,655, October 16, 2007.

The full House approved the HJC version of HR  3678 on October 16, 2007, by a vote of 405-2. See, Roll Call No. 968.

Sen. Mitch McConnell (R-KY) stated in the Senate on October 25, 2007, that "This package will extend the current Internet tax moratorium for 7 years -- nearly twice as long as the bill passed over in the House of Representatives. This is a positive step in protecting American consumers from taxes on Internet access, taxes that strike at the heart of innovation and economic growth in America." See, Congressional Record, October 25, 2007, at Page S13429.

He added that "I particularly thank the distinguished Senator from New Hampshire for his skillful role in bringing this issue before the Senate, for pushing it aggressively, and getting, in my judgment, a much better solution to this problem than was achieved in the House of Representatives. I know he shares my view, and I assume the view of everyone in the Senate, that the House will simply take up the Sununu measure and pass it.

Sen. John Sununu (R-NH) stated in a release that "This bill -- a drastic improvement over what came out of the House -- makes a clear statement that taxes on Internet access are wrong for consumers and wrong for the economy".

Sen. John SununuSen. Sununu (at right) added that "A seven-year extension nearly doubles the ban that was passed by the House and goes further on technical points to protect e-mails and instant messaging from taxation. Yes, a permanent ban would have been optimum, and I will continue that fight. In the meantime, the Senate has made real progress in the name of Internet tax freedom, passing improved legislation that offers more certainty for this national and global communication network."

Sen. Ted Stevens (R-AK) stated in a release that "I am pleased to see bipartisan support for extending the Internet tax moratorium, ... The Internet has provided a powerful economic boost to our nation, and has become an important everyday tool for millions of Americans. By keeping Internet access tax-free and affordable, Congress can encourage Internet use for distance learning, telemedicine, commerce and other important services."

The National Cable and Telecommunications Association (NCTA) stated in a release that "We applaud the leadership of Chairman Inouye, Vice Chairman Stevens, and in particular, the tireless work of Senator Sununu to bring this important matter before the Senate and to help secure its passage. Extending the Internet tax moratorium for seven years will protect consumers and small businesses from new and burdensome state and local taxes on Internet access. We urge the House to act quickly before the moratorium expires next week."

Copps Wants FCC to Open Proceeding on News Corp. Acquisition of Dow Jones

10/25. FCC Commissioner Michael Copps sent a letter [3 pages in PDF] to FCC Chairman Kevin Martin regarding the News Corporations's proposed acquisition of Dow Jones & Company.

He proposed that the Federal Communications Commission (FCC) "open a proceeding to examine the implications of this proposed acquisition on the national media market".

Michael CoppsCopps (at left) is frustrated because the FCC has in the past declined to apply its newspaper broadcast cross ownership ban where the newspaper involved is a national newspaper. Dow Jones & Company owns the Wall Street Journal, which is national.

He argued that "the FCC's obligation to consider the public interest -- which the agency has traditionally defined as localism, diversity and competition -- requires us to consider the implications of a merger between these two media giants."

He added that "the FCC has never had occasion to receive comment or do research on the important public interest issues raised by (1) a national network owner owning one or more newspapers that are read across the nation or (2) a company already operating under waivers of the newspaper-broadcast cross-ownership ban acquiring a second newspaper published in that locality. These are important issues that surely deserve serious consideration ..."

Vonage and Verizon Settle Patent Case

10/25. Vonage announced in a release that it has settled the patent infringement case brought against it by Verizon.

Vonage wrote that the two companies "have agreed to resolve their patent lawsuit. The terms of the resolution depend on how the Court of Appeals decides Vonage's pending petition for rehearing regarding two of the Verizon patents (the '574 and '711). If Vonage wins rehearing on either the '574 or '711 patent or if the injunction is vacated as to the '574 or '711 patent, Vonage will pay Verizon $80 million. If Vonage does not win rehearing on either the '574 or '711 patent, or if the stay is lifted reinstating the injunction, Vonage will pay $120 million, which includes $2.5 million payable to certain charities."

Vonage also stated that this settlement "will be effectively capped at a maximum of $32 million, in addition to the $88 million already accrued and held in escrow. The $88 million includes a $66 million cash-collateralized bond, a $12 million second-quarter escrow payment, and a $10 million third-quarter escrow payment made in the fourth quarter of 2007."

See also, stories titled "Federal Circuit Issues Opinion in Verizon v. Vonage VOIP Patents Case" in TLJ Daily E-Mail Alert No. 1,646, September 26, 2007, and "Federal Circuit Issues Stay of Injunction in Verizon v. Vonage" in TLJ Daily E-Mail Alert No. 1,569, April 24, 2007.

This case is Verizon Services Corp., et al. v. Vonage Holdings Corp. et al., U.S. Court of Appeals for the Federal Circuit, App. Ct. Nos. 2007-1240, 2007-1251, and 2007-1274, appeals from the U.S. District Court for the Eastern District of Virginia, Judge Claude Hilton presiding. Judge Dyk wrote the opinion of the Court of Appeals. Judge Michel and Gajarsa also wrote opinions.

Vonage announced on October 8, 2007, that it settled a similar patent dispute with Sprint Nextel. See, Vonage release.

Meanwhile, AT&T filed a complaint in U.S. District Court (SDNY) against Vonage alleging patent infringement last week.

Also, Vonage has been adversely impacted by determinations in recent years of the Federal Communications Commission (FCC) regarding the regulatory treatment of interconnected voice over internet protocol services.

Michigan Considers REAL ID Act

10/25. The Michigan House of Representatives' New Economy and Quality of Life Committee held a hearing on Michigan House Resolution 0176 [PDF], which pertains to the federal READ ID Act, which relies upon the states for its implementation.

MHR 176 states that "we memorialize Congress to repeal Title II of the REAL ID Act of 2005, and to support a return to a negotiated rulemaking process with the states, such as called for in S. 117, the Identification Security Enhancement Act of 2006".

This resolution further states that "the Michigan Legislature will not appropriate funds nor enact legislation for the implementation of Title II of the REAL ID Act of 2005".

S 4177 (109th Congress) was the "Identification Security Enhancement Act of 2006".

The "REAL ID Act of 2005" was stand alone bill. However, it was enacted as an appendage to HR 1268 (109th Congress), a huge supplemental appropriations bill, the main purposes of which were defense and anti-terrorism funding, and additional funding for the FBI, DEA, and other agencies. It is now Public Law 109-13. The REAL ID Act was in Division B of HR 1268. Title II, at Sections 201-207 of Title B, is titled "Improved Security for Drivers' Licenses and Personal Identification Cards".

Jim Harper of the Cato Institute testified at the October 25 hearing that "The REAL ID Act is quite nearly a dead letter. States across the country have rejected this unfunded federal surveillance mandate because of its costs, because it is nearly impossible to implement, and because of the damage it would do to the privacy of law-abiding citizens. More and more, people are recognizing that the REAL ID Act would not add to the country's protections against terrorism, and it would not solve the problem of illegal immigration." See, prepared testimony.

See also, story titled "Maine Rejects REAL ID Act" in TLJ Daily E-Mail Alert No. 1,528, January 29, 2007, and story titled "DHS Proposes Rules Implementing REAL ID Act" in TLJ Daily E-Mail Alert No. 1,546, March 5, 2007.

House Subcommittee Holds Hearing on Limiting Arbitration of Consumer Disputes

10/25. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law held a hearing on HR 3010 [LOC | WW], the "Arbitration Fairness Act of 2007".

The bill would amend the Federal Arbitration Act (FAA), at 9 U.S.C. § 2, to provide that "No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of (1) an employment, consumer, or franchise dispute; or (2) a dispute arising under any statute intended to protect civil rights or to regulate contracts or transactions between parties of unequal bargaining power".

Predispute arbitration agreements are commonly used in consumer contracts in the information and communications technology sectors. This bill would preclude their use. See also, story titled "House Judiciary Committee to Hold Hearing on Arbitration Fairness Act" in TLJ Daily E-Mail Alert No. 1,658, October 19, 2007.

This hearing was stacked with witnesses who attacked the use of predispute arbitration agreements outside of the communications and technology. Witnesses focused on the use of arbitration clauses in credit card, nursing home, and securities industry contracts, as well as in employment and franchise contracts.

HR 3010 would not affect most arbitration clauses in business to business contracts.

Criticism of Arbitration. Laura MacCleary, of Public Citizen, wrote in her prepared testimony [21 pages in PDF] that "Binding mandatory arbitration, or BMA, ... is imposed on consumers in millions of take-it-or-leave contracts of adhesion for routine matters such as cell phones ... cable services" and other things. However, she focused on the credit card industry.

She argued against BMAs "for three main reasons. First, it is imposed on consumers and is mandatory rather than voluntary. Second, proceedings and decisions are shrouded in secrecy. And third, it utterly lacks due process and impartiality."

She condemned the lack of procedure and fairness of arbitration, based on her group's investigation of 34,000 cases of binding mandatory arbitration used by credit card companies and firms that buy credit card debts.

Kenneth Connor testified critically about BMA in the nursing home industry. See, prepared testimony. Deborah Williams testified critically about BMA in franchise contracts. See, prepared testimony. Kathy Monsees testified critically about BMA in employment contracts. See, prepared testimony [PDF]. Theodore Eppenstein testified critically about BMA in the securities industry. See, prepared testimony [PDF].

Defense of Arbitration. Richard Naimark, SVP of the American Arbitration Association (AAA), wrote in his prepared testimony [17 pages in PDF] that "For the vast majority of consumers and employees, arbitration presents the only viable access to justice for their grievances", and that "Mandatory arbitration clauses are the only means by which a consumer or employee can have assurance of meaningful access to justice in most cases."

He argued that the way for the Congress to protect consumers and employees would be to "implement due process safeguards and ensure the availability of arbitration and mediation for resolution of the disputes". Advisory committees of AAA have written proposed protocols for both consumer and employee disputes. Naimark asserted that rather than amend the Federal Arbitration Act (FAA), the Congress should codify the principles in these protocols.

Peter Rutledge, a law professor at Catholic University of America, argued in his written testimony [PDF] that "eliminating predispute arbitration agreements may have significant negative economic effects and, ironically, make worse off the very parties whom defenders of H.R. 3010 are trying to protect".

He continued that "the question is not whether arbitration is perfect; like any system, it is not. Rather, the question is whether Congress should jettison the entire enterprise of predispute arbitration agreements in order to combat these difficulties. I would submit that it should not do so".

He argued that enactment of HR 3010 would "likely would increase the costs of dispute resolution, and a portion of these costs would be passed onto employees (in the form of lower wages), consumers (in the form of higher prices) and investors (in the form of lower share prices). Ironically, then, eliminating predispute arbitration agreements may end up hurting some of the very groups that Congress is trying to protect. The only group who would come out ahead in this scenario is the lawyers, who would reap higher fees engaging in more protracted litigation." (Parentheses in original.)

He concluded that the Congress should await more empirical research on arbitration, and not enact HR 3010.

More News

10/25. The House Commerce Committee (HCC) postponed its October 25 meeting to mark up bills. The agenda had included 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".

Washington Tech Calendar
New items are highlighted in red.
Friday, October 26

The House will not meet. Its next meeting will be at 12:30 PM on Monday, October 29.

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

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.

Monday, October 29

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.

Tuesday, October 30

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.

2:30 PM. The Senate Commerce Committee (SCC) will meet to mark up several bills, including S 2096 [LOC | WW], the "Do-Not-Call Improvement Act of 2007", S 1853 [LOC | WW], the "Community Broadband Act of 2007", and S 1675 [LOC | WW], the "Local Community Radio Act of 2007". See, notice. Location: Room 253, Russell Building.

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.

Wednesday, October 31

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. The Senate Judiciary Committee (SCC) will hold a hearing titled "FISA Amendments: How to Protect Americans’ Security and Privacy and Preserve the Rule of Law and Government Accountability". Location: Room 226, Dirksen 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".

Thursday, November 1

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. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of the nomination of John Tinder to be a Judge of the U.S. Court of Appeals (7thCir). The agenda also includes consideration of S 2168 [LOC | WW], the "Identity Theft Enforcement and Restitution Act", and S 352 [LOC | WW], the "Sunshine in the Courtroom Act of 2007". The SJC rarely follows its published agenda. Location: Room 226, Dirksen Building.

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.

Friday, November 2

Day two 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 - 6:30 PM. Day five 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.

8:00 AM - 1:00 PM. Day two 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.

9:00 AM - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. See, notice in the Federal Register, October 17, 2007, Vol. 72, No. 200, Page 58849-58850. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

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