10/29. Rep. Steny Hoyer (D-MD), the House Majority Leader, announced in a release that on Tuesday, October 30, 2007, the House will consider the Senate's version of HR 3678 [LOC | WW], the "Internet Tax Freedom Act Amendments Act of 2007", under suspension of the rules. See also, Rep. Hoyer's schedule for October 30.

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".

On October 16, 2007, the House approved the House Judiciary Committee (HJC) version of HR  3678 , by a vote of 405-2. See, Roll Call No. 968. That House version [8 pages in PDF] contains a four year extension.

October 25, 2007, the Senate approved its version, with a seven year extension, by unanimous consent.

See, story titled "Senate Approves 7 Year Extension of Internet Tax Ban" in TLJ Daily E-Mail Alert No. 1,663, October 26, 2007. 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.

Rep. Hoyer made the assertion that "This is responsible legislation that puts an end to the pattern of short-term extensions passed by Republicans."

When the House Judiciary Committee (HJC) marked up its version of the bill the Republicans voted in unison for a permanent extension, while all of the Democrats on the HJC, except Rep. Zoe Lofgren (D-CA) backed a four year extension. Then, the House Democratic leadership brought the bill to the floor under a procedure that did not allow any amendments to be considered.

10/29. The Supreme Court of the US (SCUS) denied certiorari in JTEKT Corporation v. US, Sup. Ct. No. 06-1632, a case regarding a Department of Commerce (DOC) determination under a protectionist US anti-dumping statute, and a World Trade Organization (WTO) report that the statute is in violation of US treaty obligations.

JTEKT sold products in the US at prices that the DOC determined where too low, too competitive, and in violation of the US anti-dumping statute. That the statute was violated is not in dispute. At issue is the effect of the WTO's determination that the statute violates free trade treaty obligations of the US. The DOC, Court of International Trade, and U.S. Court of Appeals (FedCir) all concluded that the WTO report does not affect the DOC determination. By denying certiorari, the SCUS lets stand this conclusion.

The SCUS wrote in its Orders List [13 pages in PDF] at page 11 that "The motion of Government of Japan for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied."

The SCUS denied certiorari without writing an opinion, which is its normal practice. However, the Department of Justice's (DOJ) Office of the Solicitor General (OSG) filed a brief urging the SCUS to deny certiorari.

It wrote that the question presented is "Whether a party is entitled to have the final results of the Department of Commerce's administrative review of antidumping duties set aside on the basis of an adverse World Trade Organization (WTO) report, where Commerce's final results are indisputably consistent with the governing domestic statute as well as with Commerce's policies at the time the results were issued, and where Congress has specifically provided that WTO reports have no domestic legal effect except as implemented by the Executive Branch or Congress, neither of which has called into question the continuing validity of the final results here at issue."

The OSG wrote that JTEKT and the other petitioners argue "that the final results are in ``violation of the United States' treaty obligations,´´ as construed by the WTO. That argument is one that Congress has expressly foreclosed by specifying that no party can challenge agency action ``on the ground that such action * * * is inconsistent with´´ one of the Uruguay Round Trade Agreements. 19 U.S.C. 3512(c)(1)(B). Nor can petitioners circumvent that limitation by urging the Court to vacate and remand a determination that is concededly proper as a matter of domestic law in order for Commerce to conform that determination to an adverse WTO report. Vacating the final results on that ground would give impermissible judicial effect to the WTO body's report in a context where Congress has specified that such decisions have no legal effect ``unless and until´´ the political branches have implemented them."

See also, December 8, 2006, opinion of the U.S. Court of Appeals (FedCir), and opinion of the Court of International Trade, which is reported at 341 F. Supp. 2d 1334.

10/23. Susan Schwab, the U.S. Trade Representative (USTR), gave a speech at a conference in Washington DC titled the "George Bush China -- U.S. Relations Economic Dialogue". She urged the People's Republic of China (PRC) to adhere to its World Trade Organization (WTO) obligations.

She said that "Another serious matter is intellectual property rights protection. Last year, 81 percent of infringing items seized at the US border were from China, up from 69 percent the year before that. China can -- and must -- do better. The problem is one of enforcement, which we are attempting to address by working with China and by asserting our rights within the WTO."

She continued that "Yet another area of contention is government subsidies prohibited by the WTO. This creates an uneven playing field for U.S. producers in China, the U.S. and third country markets. We have taken an important first step by challenging a number of China’s prohibited subsidies at the WTO."

She urged both the US and PRC to "steer clear of economic retrenchment". She elaborated that "Recent actions by the Chinese government, taken together, provide reason to worry that China will use its regulatory and other policies to develop so-called "national champions" and tilt the playing field against foreign competitors." She added that "We see this reflected in the promotion of homegrown technology through biased national standards, the emergence of regulators as competitors, the requirement to disclose proprietary information, the use of government procurement to favor Chinese companies, and recent draft amendments to the patent laws."

She also stated that in the US there is a "drumbeat for legislation to ``get tough´´ with China -- often with little regard for the consequences or WTO-consistency of that legislation."

"It is likely that both Houses of Congress will grapple with bills related to currency, trade remedies, product safety, and enforcement procedures. Some of the bills would slap on new retaliatory tariffs. They are crude tools for a complex task. They focus on the wrong issues and are likely to do nothing to help or, even worse, to hurt the American workers, farmers, and entrepreneurs they purport to help", said Schwab.

10/24. The U.S. Court of Appeals (4thCir) issued its opinion [PDF] in Last Best Beef v. Dudas, reversing the District Court, which had refused to give effect to a substantive provision of trademark law because it was enacted as a rider to an appropriations bill.

The Congress can enact substantive intellectual property law in an appropriations rider, including one directed at one rights holder or applicant.

The Congress has enacted, and from time to time has amended, the Lanham Act. It is codified at 15 U.S.C. § 1051, et seq. More recently, the Congress enacted the Science, State, Justice, Commerce, and Related Agencies Appropriations Act of 2006. Section 206 of this bill provides that no federal funds may be used to "register, issue, transfer, or enforce any trademark of the phrase `The Last Best Place.´"

William Kittredge published a book [Amazon] in 1988 titled "Last Best Place: a Montana Anthology". The book contains 1160 pages, with 230 stories, poems, reminiscences, and reports about the state of Montana. The Court of Appeals wrote that the phrase "last best best" then "became part of the Montana culture".

Starting in 2001, Last Best Beef, LLC (LBB), a Nevada corporation, began the process of registering federal trademarks in the phrase "The Last Best Place" in connection with a variety of different products and services, including cookware, clothing, food products, jewelry, home items, and travel, hotel, and restaurant services. Eight applications were in various stages when Section 206 was enacted.

Former Sen. Conrad Burns (R-MT), who was a member of the Senate Appropriations Committee, secured approval of the rider at issue in this case. More recently, Sen. Max Baucus (D-MT) has taken up the cause.

When Section 206 became law, the U.S. Patent and Trademark Office (USPTO) complied with it. It cancelled four Notices of Allowance, suspended all action pertaining to the applications covered by the Notices of Allowance, suspended proceedings regarding the two applications being opposed by the State of Montana before the TTAB, and cancelled two registrations it had issued and returned those applications to pending status.

LBB then filed a complaint in U.S. District Court (DC) against Jonathan Dudas, the head of the USPTO, seeking declaratory and injunctive relief. The case was transferred to the U.S. District Court (EDVa). The District Court granted summary judgment to LBB, holding Section 206 invalid for improperly circumventing the Lanham Act.

The USPTO brought the present appeal. The Court of Appeals reversed the judgment of the District Court.

It held that the Congress can pass laws, and the Congress can amend those laws. If two statutes conflict on some point, the more recent one controls. Section 206 is the most recent enactment. Therefore, it controls, and the courts must follow it.

The Court of Appeals added that "In the face of such clarity, to declare § 206 ``invalid´´ is to adopt a per se rule that Congress cannot amend or suspend prior legislation through appropriations riders. We decline to take such a step. While the district court expressed the view that it was unwilling to see the Lanham Act punctuated by the types of exceptions that characterize such complex bodies of law as the Internal Revenue Code, the wisdom of tradeoffs between simplicity and complexity is for Congress to decide, not the federal courts."

This case is Last Best Beef, LLC v. Jonathan Dudas, U.S. Court of Appeals for the 4th Circuit, App. Ct. No. 06-2219, an appeal from the U.S. District Court for the Eastern District of Virginia, at Alexandria, D.C. No. 1:06-cv-00399, Judge Gerald Lee presiding.

10/29. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing on HR 3359 [LOC | WW], the "Mobile Workforce State Income Tax Fairness and Simplification Act of 2007" on Thursday, November 1, 2007.

Introduction. This bill, like several others pending bills, would limit that ability of states to collect taxes from nonresident workers on the basis that they use new information and communications technologies to perform work for companies locating in the tax collecting state.

The issue is basic. State legislators, state agencies, and state tax collectors have incentives to provide services and benefits to the people who vote within their states. These services and benefits cost money. These same state governments have incentives to shift as much of the tax burden as possible to people who do not vote in their states. Hence, state governments seek means to impose taxes on non-voters via some connection or nexus to the state, through business activity taxes, discriminatory sales taxes, mobile worker taxes, and teleworker taxes.

Workers use the roads of the state in which they reside, send their children to their state's schools, and avail themselves of police and fire protection in the state in which they live. However, when another state taxes them, they are not availing themselves of the services and benefits provided by that other state.

Also, multiple tax regimes impose multiple and burdensome withholding, reporting, and filing obligations. Moreover, risks of multiple taxation of incomes creates a disincentive for both companies and workers to make use of new information technologies. This results in lost efficiency, lost worker productivity, lower quality of life for workers, fewer job opportunities for disabled persons, and greater road and rail use, and the resulting higher levels of congestion, pollution, and dependence on imported oil.

HR 3359. Rep. Hank Johnson (D-GA) and Rep. Chris Cannon (R-UT) introduced HR 3359, the "Mobile Workforce State Income Tax Fairness and Simplification Act of 2007", on August 3, 2007. Rep. Sue Myrick (R-NC) and Rep. Walter Jones (R-NC) have since joined in cosponsoring the bill. Rep. Cannon introduced a similar bill in the 109th Congress, HR 6167.

HR 3359 provides that "No part of the wages or other remuneration paid to an employee who performs duties in more than one State or locality shall be subject to the income tax laws of any State or locality other than -- (1) the State or locality of the employee's residence; and (2) the State or locality in which the employee is physically present performing duties for more than 60 days during the calendar year in which the income is taxed."

Rep. Johnson issued a release in August that states that this bill "would establish national tax standards for employees working on temporary assignments out-of-state who are often subjected to non-resident personal income tax requirements. The bill also lends support to their employers who face corresponding withholding requirements for these mobile workers."

He stated that "We need simplified and fair laws for employees conducting business outside of their state. This bill is designed to provide a uniform and easily administrable rule to address the inconsistent income tax requirements that employees and employers face when filing income taxes".

The bill was referred to the House Judiciary Committee (HJC). Both Rep. Johnson and Rep. Cannon are members.

HR 2242. Rep. Rodney Frelinghuysen (R-NJ) introduced HR 2242 [LOC | WW], an untitled bill, on May 9, 2007.

It provides that "A State may not impose a tax on the income earned in the State by nonresidents unless the tax is of substantial equality of treatment for the citizens of the State and the nonresidents so commuting."

It was referred to the HJC. Rep. Frelinghuysen is not a member.

Rep. Frelinghuysen introduced a substantially identical bill in the 109th Congress, HR 86.

HR 1360. Rep. Chris Shays (R-CT) introduced HR 1360 [LOC | WW], the "Telecommuter Tax Fairness Act of 2007", on March 6, 2007. It is cosponsored by Rep. Rosa DeLauro (D-CT) and Rep. Frank Wolf (R-VA).

This bill provides that "In applying its income tax laws to the compensation of a nonresident individual, a State may deem such nonresident individual to be present in or working in such State for any period of time only if such nonresident individual is physically present in such State for such period and such State may not impose nonresident income taxes on such compensation with respect to any period of time when such nonresident individual is physically present in another State."

The bill adds that "For purposes of determining physical presence, no State may deem a nonresident individual to be present in or working in such State on the grounds that -- (1) such nonresident individual is present at or working at home for convenience, or (2) such nonresident individual's work at home or office at home fails any convenience of the employer test or any similar test."

Rep. Wolf, a cosponsor of HR 1360, sent a letter to President Bush on October 2, 2007, regarding telework. He wrote that "Nearly 20 million Americans telework today, and according to experts, at least 40 percent of American jobs are compatible with telework. Telework reduces traffic congestion and air pollution. It reduces gas consumption and our dependency on foreign oil. Telework is good for families -- working parents have flexibility to meet everyday demands. Telework provides people with disabilities greater job opportunities. Telework helps fill our nation's labor market shortage. It is also a good way for retirees to pick up part-time work."

He continued that "Companies save significantly when they have a strong telecommuting program. At one national telecommunications company, nearly 25 percent of its employees work from home at least one day per week. The company found positive results in the way of fewer days of sick leave, better worker retention, higher productivity, and increased morale."

Rep. Wolf added that the "Texas Transportation Institute at Texas A&M University released its annual traffic congestion study which calculates that congestion creates a $78 billion annual drain on the U.S. economy due to 4.2 million lost hours of productivity and 2.9 billion gallons of wasted gas."

S 785. S 785 [LOC | WW], the "Telecommuter Tax Fairness Act of 2007", introduced by Sen. Chris Dodd (D-CT) and Sen. Joe Lieberman (D-CT) on March 6, 2007, is substantially identical to HR 1360.

Sen. Dodd stated in the Senate on March 6, 2007, that "Technology continues to transform the way business is conducted in America and all over the world. Telecommunications advances such as cell phones, email, the Internet, and mobile networking have not only made Americans more productive, they have also given people greater flexibility in where they can work without compromising productivity. As a result, more Americans now have the freedom to work from home or other alternative offices when their physical presence is not required at their primary place of work." See, Congressional Record, March 6, 2007, at Page S2720.

He continued that "This option to telecommute offers tremendous benefits for businesses, families, and communities. It helps employers lower costs and raise worker productivity, and individuals better manage the demands of work and family. It also reduces congestion on our roads and rails, and in so doing, lowers pollution."

However, he said that "some states continue to maintain and enforce outdated laws that unfairly penalize people who choose to work from home." He identified the state of New York as one of the "most aggressive".

He added that workers are subjected to "double taxation" of the same income.

He concluded that "double taxation is not only unfair, it also discourages people from telecommuting when we should be doing the opposite".

Previous versions of this bill include S 2785 (108th Congress), the "Telecommuter Tax Fairness Act of 2004", and S 1097 (109th Congress), also titled the "Telecommuter Tax Fairness Act of 2005".

See also, story titled "Dodd and Lieberman Introduce Bill to End Double State Taxation of Teleworkers" in TLJ Daily E-Mail Alert No. 976, September 14, 2004, and story titled "Connecticut Legislators Seek End to New York's Taxation of Out of State Workers" in TLJ Daily E-Mail Alert No. 1,244, November 1, 2005.

Comparison of Bills. HR 3359, the Johnson-Cannon bill, would provide protection to mobile workers, who spend less than sixty days in a state. That state could not tax them at all under this bill. It does not even allow states to tax workers based on the number of days they are in state.

However, this bill would also benefit some teleworkers -- those who go into an out of state office on less than 60 days each year. The number is significant. It would allow a teleworker to go to the office one day per week, and attend a few additional meetings, without being taxed by the state where the office is located, but where they do not reside.

In contrast, a teleworker who travels to an out of state office two or more days per week could be subjected, under this bill, to income taxes in that state on their entire income. And of course, their entire income could also be taxed by the state of their residence.

Hence, this bill offers more benefits to traveling workers.

HR 1360 and S 785, in contrast, are drafted more to protect Connecticut teleworkers from abusive tax collection practices of the state of New York, and workers in similar situations. It would allow states to tax non-resident teleworkers, but only for the amount of time that they are actually in state.

Supreme Court. The Supreme Court of the US (SCUS) has declined an opportunity to apply either the due process clause, nor the dormant commerce clause, of the Constitution to strike down state tax laws that burden out of state workers.

See, Huckaby v. New York State Division of Tax Appeals, certiorari denied, October 31, 2005, Sup. Ct. No. 04-1734. See, SCUS docket. See also, story titled "Supreme Court Denies Cert in Challenge to State Income Tax on Out of State Teleworkers", TLJ Daily E-Mail Alert No. 1,244, November 1, 2005.

The House will meet at 9:00 AM for morning hour debate, and at 10:00 AM for legislative business. It will consider the Senate version of HR 3678 [LOC | WW], "Internet Tax Freedom Act Amendments Act of 2007", which contains a seven year extension, under suspension of the rules. See, Majority Leader Hoyer's weekly calendar and schedule for October 30.

The Senate will meet at 10:00 AM. It will resume consideration of S 294 [LOC | WW], the Amtrak Reauthorization bill.

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.

10:30 AM. The House Commerce Committee (HCC) will meet to mark up numerous bills, including HR 3461 [LOC | WW], the "Safeguarding America’s Families by Enhancing and Reorganizing New and Efficient Technologies Act of 2007", 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". This meeting was previously scheduled for Thursday, October 25, 2007. The meeting will be webcast by the HCC. Press contact: Brin Frazier, Carrie Annand or Lauren Bloomberg at 202-225-5735. Location: Room 2123, Rayburn Building.

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.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property (SCIIP) will hold a hearing titled "Stifling or Stimulating -- The Role of Gene Patents in Research and Genetic Testing". The witnesses will be Lawrence Sung (University of Maryland, School of Law), Jonathan Soderstrom (Yale University Office of Cooperative Research), Marc Grodman (Ch/CEO of Bio-Reference Laboratories), and Jeffrey Kushan (Sidley Austin). The hearing will be webcast by the HJC. See, notice. Location: Room 2141, Rayburn Building.

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.

REVISED PROGRAM. 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". Colin Sandy (National Exchange Carrier Association) will speak at 6:00 PM. At 6:05 PM, Linda Kinney (Echostar), David Solomon (Wilkinson Barker Knauer), and Andrew Schwartzman (Media Access Project) will speak on the FCC's ex parte communications rules (CFR §1.1200 et seq.) and federal gift giving rules as applied to the FCC (5 C.F.R. § 2635.203 & 204). At 7:15 PM, Kenneth Gross (Skadden Arps) and William O'Reilly (House Committee on Standards of Official Conduct) will speak on Congressional lobbying law and federal gift giving rules as applied to the Congress. Registration remains open. See, The price to attend ranges from $25 to $135. 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.

The House will meet at 10:00 AM for legislative business. See, Majority Leader Hoyer's weekly calendar.

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". The witnesses will be Kenneth Wainstein (Assistant Attorney General in charge of the DOJ's National Security Division), Ed Black (head of the Computer & Communications Industry Association), Patrick Philbin (Kirkland & Ellis), and Morton Halperin (Soros's Open Society Institute). See, notice. 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.

2:00 PM. Two subcommittees of the House Homeland Security Committee (HHSC) will hold a hearing titled "Enhancing and Implementing the Cybersecurity Elements of the Sector Specific Plans". The witnesses will be Greg Garcia (Assistant Secretary, DHS's Office of Cyber Security and Telecommunication), David Powner (Government Accountability Office), Michael Hickey (Communications Sector Coordinating Council), George Hender (Options Clearing Corporation), Michael O'Hanlon (Brookings Institution), Larry Clinton (Internet Security Alliance), Sally Katzen (George Mason University School of Law), Lawrence Gordon (University of Maryland). This hearing will be webcast by the HHSC. Location: Room 311, Cannon 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".

Deadline to submit applications to the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC) to participate by teleconference in its November 7, 2007, meeting. See, notice in the Federal Register, October 23, 2007, Vol. 72, No. 204, at Page 60000.

The House will meet at 10:00 AM for legislative business. See, Majority Leader Hoyer's weekly calendar.

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". See, notice. The SJC rarely follows its published agenda. Location: Room 226, Dirksen Building.

10:00 AM. The House Small Business Committee will hold a hearing titled "Evaluating the Impact of Pending Free Trade Agreements upon U.S. Small Businesses". Location: Room 2360, Rayburn 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.

12:00 NOON. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing on HR 3359 [LOC | WW], the "Mobile Workforce State Income Tax Fairness and Simplification Act of 2007". The hearing will be webcast by the HJC. See, notice. Location: Room 2237, Rayburn Building.

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.

Majority Leader Hoyer's weekly calendar states that "no votes are expected in the House".

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.

9:30 AM - 3:30 PM. The Securities and Exchange Commission's (SEC) Advisory Committee Meeting on Improvements to Financial Reporting will meet. Location: SEC Auditorium, Room L-002, 100 F St.,  NE.

Daylight savings time ends.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-73-2, titled "Interfaces for Personal Identity Verification". See, part 1 [43 pages in PDF], part 2 [29 pages in PDF], and part 3 [19 pages in PDF].

2:00 - 3:30 PM. The U.S. Chamber of Commerce's Coalition Against Counterfeiting and Piracy (CACP) will meet. For more information, contact counterfeiting at uschamber dot com or 202-463-5500. Location: U.S. Chamber, 1615 H St., NW.

2:00 PM. Deadline for petitioner (Quanta Computer) to file its merits brief with the Supreme Court of the US (SCUS) in Quanta Computer v. LG Electronics, a patent infringement case. See, story titled "Supreme Court Grants Certiorari in Patent Exhaustion Case" in TLJ Daily E-Mail Alert No. 1,647, September 27, 2007.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding potential interference unique to the reverse band operating environment in the 17/24 GHz BSS. This FNPRM is FCC 07-76 in IB Docket No. 06-123. See, notice in the Federal Register, August 22, 2007, Vol. 72, No. 162, at Pages 46939-46949.

Election day.

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