11/5. The Organisation for Economic Development and Cooperation (OECD) published in its web site its latest data on broadband internet access, including users per capita by nation, prices, speeds and other information.

The OECD's broadband penetration data places the US as 15th among OECD member nations.

In the US, proponents of greater government intervention in broadband markets, such as FCC Commissioner Michael Copps and Rep. Ed Markey (D-MA) frequently cite OECD data reports as justification for their policy proposals. In contrast, opponents of greater government intervention question the accuracy and relevance of the OECD's data.

After the release of the latest OECD data, John Kneuer, head of the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) stated in a release that "Since President Bush took office, the United States has experienced tremendous growth in high-speed Internet capabilities, with the number of broadband lines increasing by 1200% to 82.5 million as of December 2006. In addition to leading the world with the largest number of broadband lines, the U.S. also leads in total Wi-Fi hotspots, Internet users, Internet hubs, and e-commerce revenues."

He said that "We appreciate the OECD’s efforts to look at a broader range of measurements through its new broadband portal and will continue to work with them to improve its methodology to better capture the full range of broadband services in the United States and other OECD members."

11/5. Open Handset Alliance (OHA) released information about Android, its open platform for mobile handsets. See, OHA's web page titled "Android". Also on November 5, Sprint Nextel and other companies joined the OHA.

The OHA's carrier members now include Sprint Nextel, T-Mobile, NTT DoCoMo, KDDI, China Mobile, Telecom Italia, and Telefonica.

Its handset manufacturer members include Motorola, Samsung, HTC, and LG Electronics.

Its members also include Google, Qualcomm, Intel, Broadcom, Nvidia, Texas Instruments, and eBay.

Sprint's John Garcia stated in a release that "Sprint realizes that to grow the mobile marketplace and fully exploit the amazing potential of mobile communications, we have to empower rather than restrict wireless users ... And the best way to do this is to create an environment that encourages the development of innovative products and services that customers can't live without. Android will be just such an environment, and Sprint is yet again at the forefront in mobile innovation."

Sprint's release also states that "Android also aligns with Sprint's plans for its next-generation mobile data network, Xohm, which will soft launch in several markets in late December and begin commercial service in 2008. Sprint is working with ecosystem partners and others to incorporate WiMAX technology in a range of computing, portable multi-media, interactive and other consumer electronic devices. Sprint is working with Google to bring Xohm WiMAX mobile Internet customers search, interactive communications and social networking tools through a new mobile portal, as Sprint untethers Internet access for consumers, businesses and government customers."

Also on November 5, Google released a statement by Andy Rubin, its Director of Mobile Platforms, regarding Android.

He said that "Android is the first truly open and comprehensive platform for mobile devices. It includes an operating system, user-interface and applications -- all of the software to run a mobile phone, but without the proprietary obstacles that have hindered mobile innovation."

He said that "we hope Android will be the foundation for many new phones" and that "some of our partners are targeting the second half of 2008 to ship phones based on the Android platform".

However, he said nothing about any plans that Google might have regarding acquiring spectrum or producing handsets itself.

Gigi Sohn, head of the Public Knowledge, stated in a release that "The FCC, and leading American cellular companies, should take notice and realize that this trend is one they will not be able to stop."

11/5. The U.S. Court of Appeals (9thCir) issued its opinion [PDF] in Perfumebay.com v. eBay, a trademark case, affirming in part and reversing in part.

Perfumebay sells perfume on the internet. eBay is an internet auction company. eBay filed a complaint in U.S. District Court (CDCal) against Perfumebay.com alleging trademark infringement. Following a jury trial, the District Court entered judgment of infringement and granted injunctive relief.

This appeal followed. Following a lengthy discussion of similarity of marks, initial interest confusion, conjoined and non-conjoined marks, unclean hands, availability of injunctive relief, and other issues, the Court of Appeals affirmed in part and reversed in part.

The Court of Appeals held that the District Court "did not clearly err in finding that conjoined forms of ``perfumebay´´ created a likelihood of consumer confusion. The district court, therefore, properly enjoined Perfumebay from utilizing such infringing marks. The district court also did not clearly err in finding that the non-conjoined forms of Perfumebay's mark, such as Perfume Bay, did not create a likelihood of confusion. However, the district court erred in holding that Perfumebay’s marks did not produce a likelihood of dilution, as the marks are nearly identical to eBay’s mark. The district court also erred in finding that eBay acted with unclean hands in its advertising, as the record did not affirmatively demonstrate the requisite intent to deceive."

This case is Perfumebay.com, Inc. v. eBay, Inc., U.S. Court of Appeals for the 9th Circuit, App. Ct. Nos. 05-56794 and 05-56902, appeals from the U.S. District Court for the Central District of California, D.C. Nos. CV-04-01358-WDK and CV-04-01358-WDK, Judge William Keller presiding. Judge Johnnie Rawlinson  wrote the opinion of the Court of Appeals, in which Judges Stephen Trott and Jane Roth joined.

11/2. The Securities and Exchange Commission (SEC) announced that it has proposed rules changes regarding electronic filings with the SEC. This would have the effect of making more information available on the internet via the SEC's Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system. This is another in a long series of SEC rules changes expanding the scope of filings that must done electronically.

The SEC stated in a release that it now proposes that "mutual funds and other companies seeking exemptions under the Investment Company Act of 1940 submit their applications electronically so investors can access them sooner and the Commission can consider them more quickly".

SEC Chairman Chris Cox stated in this release that "This is another step in our commitment to making public filings available electronically for the benefit of investors" that will "significantly improve public access to exemptive applications through the Internet"

The SEC's also released a notice [41 pages in PDF] for publication in the Federal Register. It states that "We make this proposal, in light of the primary goals of the EDGAR system, to facilitate the rapid dissemination of financial and business information in connection with filings, including filings by investment companies. Requiring these applications to be submitted electronically would benefit members of the investing public and the financial community by making information contained in these filings readily available to them and more easily searchable. In this age of information, we believe that filings and applications made with the Commission are more valuable to investors if they are available in electronic form and that adding applications to the EDGAR database would provide a more complete picture for the investing public." (Footnote omitted.)

Comments are due by December 14, 2007.

11/1. The Senate Judiciary Committee (SJC) reported S 2168 [LOC | WW], the "Identity Theft Enforcement and Restitution Act of 2007". While the bill does address identity theft and restitution for identity theft victims, it is primarily a bill to amend 18 U.S.C. § 1030. The SJC amended and approved the bill on November 1. See, bill as reported [PDF] by the SJC.

Sen. Patrick Leahy (D-VT) introduced this bill on November 1, 2007. He stated in a release that "Every day, cyber criminals find new ways to get around our laws. I hope the Senate moves quickly to pass this legislation to give the necessary tools to our prosecutors to shut these criminals down."

Sen. Arlen Specter (R-PA) stated in this release that "Identity theft is a serious and growing problem, and this legislation will have an immediate impact on federal prosecutors, victims and the perpetrators of this serious crime by providing the tools and penalties to effectively prosecute identity theft."

Robert Holleyman, head of the Business Software Alliance (BSA), stated in a release that this bill "will update criminal laws and provide law enforcement with much-needed tools and resources to find and prosecute cyber criminals."

HR 2290 [LOC | WW], the "Cyber-Security Enhancement Act of 2007, which was introduced on May 14, 2007, by Rep. Adam Schiff (D-CA), contains some provisions that overlap provisions in S 2168. The House Judiciary Committee has not yet approved that bill. See, also HR 836 [LOC | WW], the "Cyber-Security Enhancement and Consumer Data Protection Act of 2007", introduced by Rep. Lamar Smith (R-TX) on February 6, 2007.

Restitution for Identity Theft Victims. This bill would amend 18 U.S.C. § 3663, which allows the court to order the payment of restitution as part of sentencing. It would add violations of 18 U.S.C. § 1028(a)(7) and 18 U.S.C. § 1028A(a), which are in the nature of identity theft prohibitions, to crimes for which a judge can order restitution.

Subsection 1028(a)(7) provides for criminal prosecution of anyone who "knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law".

Section 1028A criminalizes aggravated identity theft.

S 2168 would allow judges to order people convicted of identity theft to pay restitution to their victims. Moreover, this bill would allow restitution not only for financial loss, but also for "the value of the time reasonably spent by the victim in an attempt to remediate the intended or actual harm incurred by the victim".

Of course, whether persons convicted of identity theft will have the financial ability to pay such restitution is another matter.

This bill would also expand the list of offenses that may serve as predicate offenses for prosecution under Section 1028A for aggravated identity theft.

Expanded Federal Jurisdiction in Unauthorized Access Cases. The rest of the bill pertains to revisions to Section 1030, the cyber hacking, or computer fraud and abuse statute.

This bill would amend 18 U.S.C. § 1030(a)(2)(C) to remove the interstate or foreign communication requirement.

The statute currently provides that "Whoever ... intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains ... information from any protected computer if the conduct involved an interstate or foreign communication ... shall be punished ..."

The bill would also amend the definition of "protected computer" in Subsection 1030(e)(2). It would change the clause "which is used in interstate or foreign commerce or communication" to "which is used in or affecting interstate or foreign commerce or communication". (Emphasis added.) This change was added at the SJC markup on November 1, 2007.

Expansion of Cyber Extortion Prohibition. The bill would replace Subsection 1030(a)(7). It currently provides that "Whoever ... with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to cause damage to a protected computer ... shall be punished ..."

This bill would amend it to provide that "Whoevever ... with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any -- (A) threat to cause damage to a protected computer; (B) threat to obtain information from a protected computer without authorization or in excess of authorization or to impair the confidentiality of information obtained from a protected computer without authorization or by exceeding authorized access; or (C) demand or request for money or other thing of value in relation to damage to a protected computer, where such damage was caused to facilitate the extortion ... shall be punished ..."

Conspiracy to Commit Cyber Crime. The bill would amend Subsection 1030(b) to reach anyone who "conspires to commit" a violation of that section. This language was added at the SJC markup.

Spyware and Keyloggers. A section of the bill titled "Malicious Hacking, Spyware and Keyloggers" would rewrite Subsection 1030(a)(5). (The only references in the bill to spyware and keyloggers is in the section title.)

The bill would loosen requirements for prosecution. Also, since Subsection 1030(a)(5) serves as the basis for civil lawsuits under Subsection 1030(g), this bill would expand opportunities for private litigation.

Subsection 1030(a)(5), as amended by the bill, would provide "Whoever ... (5)(A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer; (B) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or (C) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage ... shall be punished ..."

The entirety of Subsection 1030(a)(5)(B) would be eliminated. This would eliminate the requirement of damage to a victim's computer of over $5,000, or some other enumerated damage, such a "physical injury".

This language was amended at the SJC markup.

Forfeiture for Section 1030 Violations. The bill would amend Section 1030 to provide for forfeitures by persons convicted of violations of Section 1030. It would reach both personal property used to commit the crime, such as computer equipment, as well a proceeds obtained directly or indirectly from the violation. This language was added at the SJC markup.

Sentencing Guidelines. Finally, the bill would require the U.S. Sentencing Commission to review and revise its guidelines for violations of Section 1030, as well as the identity theft statutes (Sections 1028 and 1028A).

Notably, the provision in the bill would also reach the wiretap statute (18 U.S.C. § 2511) which criminalizes intercepts of "any wire, oral, or electronic communication) and the Stored Communications Act (at 19 U.S.C. S 2701), which provides in part that "whoever ... intentionally accesses without authorization a facility through which an electronic communication service is provided; or ... intentionally exceeds an authorization to access that facility ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished ..."

That is, this bill could result in longer sentences for those who illegally steal identities, hack computers, intercept communications, or access stored communications.

11/6. Dana Shaffer, Michelle Carey, and Monica Desai were appointed to the Federal Communications Commission's (FCC) Performance Review Board (PRB). See, notice in the Federal Register, November 6, 2007, Vol. 72, No. 214, at Page 62648.

11/5. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) published a notice in the Federal Register that announces, describes, recites, and sets the effective date (November 5, 2007) for its changes to its Export Administration Regulations (EAR). These rule changes relate to, among other things, regulation of export of computers and software. The notice states that the purpose of these changes is "to implement changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies (Wassenaar List), and Statements of Understanding maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies". It adds that these rules changes remove "the remaining references to ``Composite Theoretical Performance (CTP)´´ and ``Millions of Theoretical Operations Per Second (MTOPS)´´ in the EAR, which is consistent with agreements made by the Wassenaar Arrangement with regard to microprocessors." (Parentheses in original.) See, Federal Register, November 5, 2007, Vol. 72, No. 213, at Pages 62523-62551.

10/31. The Copyright Office (CO) published a notice in the Federal register that sets the deadline to submit comments to the Copyright Royalty Judges regarding proposed regulations that set the rates and terms for the use of sound recordings by preexisting subscription services for the period January 1, 2008, through December 31, 2012. The deadline is November 30, 2007. See, Federal Register, October 31, 2007, Vol. 72, No. 210, at Pages 61585-61588.

Election day.

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of November 5, and schedule for Tuesday, November 5.

The Senate will meet at 10:00 AM for morning business. It will then resume consideration of HR 2419 [LOC | WW], the "Farm, Nutrition, and Bioenergy Act of 2007".

10:00 AM. The Senate Judiciary Committee (SJC) will meet to consider the nomination of Michael Mukasey to be the Attorney General. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee Federal Workforce, Postal Service, and the District of Columbia will hold a hearing titled "Telework: Breaking New Ground". Location: Room 2154, Rayburn Building.

10:00 AM. The House Committee on Foreign Affairs will hold a hearing titled "Yahoo! Inc.’s Provision of False Information to Congress". The witnesses will be Jerry Yang (CEO of Yahoo) and Michael Callahan (General Counsel of Yahoo). See, notice. See also, HR 275 [LOC | WW], the "Global Online Freedom Act of 2007" story titled "House Committee Approves Global Online Freedom Act" in TLJ Daily E-Mail Alert No. 1,662, October 25, 2007. Location: Room 2172, Rayburn Building.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Intelligence, Information Sharing and Terrorism Risk Assessment will hold a hearing titled "Using the Web as a Weapon: the Internet as a Tool for Violent Radicalization and Homegrown Terrorism". The witnesses will be Bruce Hoffman (Georgetown University), Rita Katz (Search for International Terrorist Entities Institute), Parry Aftab, Mark Wietzman (Simon Wiesenthal Center), Yigal Carmon (Middle East Media Research Institute). The hearing will be webcast by the HHSC. See, notice. For more information, contact Dena Graziano or Adam Comis at 202-225-9978. Location: Room 311, Canon Building.

2:30 - 4:30 PM. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "The Globalization of R&D and Innovation, Pt. IV: Implications for the Science and Engineering Workforce". The witnesses will be Paul Kostek (IEEE-USA), Charles McMillion (MBG Information Services), Harold Salzman (The Urban Institute), and Michael Teitelbaum (Alfred P. Sloan Foundation). The hearing will be webcast by the HSC. Location: Room 2318, Rayburn Building.

3:00 PM. The House Rules Committee will meet to adopt a rule for consideration of HR 3688 [LOC | WW], the "United States-Peru Trade Promotion Agreement Implementation Act". Location: Room 313, Capitol Building.

The House will meet at 10:00 AM, and then immediately recess. At 10:45 AM the House and Senate will hear Nicolas Sarkozy, President of France. Then, the House may consider HR 3688 [LOC | WW], the "United States-Peru Trade Promotion Agreement Implementation Act". See, Rep. Hoyer's schedule for the week of November 5.

9:00 - 10:15 AM. The Alliance for Public Technology (APT) will host an event titled "Broadband Initiatives: Enhancing Lives & Transforming Communities". 19 case studies will be released. RSVP to rsvp at apt dot org or 202-263-2970. A light breakfast will be served. Location: Room B340, Rayburn Building.

9:00 AM. Day one of a two day partially closed meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The November 7 portion of the meeting is open. The agenda includes "SEMI Comments: China Rule, VEU, Industry Forecast", "Industry Encryption Presentation", "Range and Standards", "History of Encryption Hardware", "MIMO Technology Overview", "Discussion: Draft Wassenaar Proposals for 2008", and "Discussion: Comprehensive Review of Commerce Control List". (VEU is an acronym for the BIS's validated end user program. See, SEMI's web page on VEU and the PRC. MIMO is an acronym for multiple input multiple output, a 4G antenna technology that is used both in transmission and receiver equipment for wireless radio communication, for VOIP and other applications. See, Nortel's MIMO web page.) This portion of the meeting will also be teleconferenced. Submit applications to participate by teleconference to Yvette Springer at Yspringer at bis dot doc dot gov by October 31, 2007. See, notice in the Federal Register, October 23, 2007, Vol. 72, No. 204, at Page 60000. Location: Room 4830, Hoover Building, 14th St. between Constitution and Pennsylvania Avenues, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Matsushita Electric v. Samsung, App. Ct. No. 2007-1156. Location: Courtroom 203.

12:30 - 2:30 PM. The DC Bar Association will host a panel discussion titled "Trade, Investment and Politics". The speakers will include Mario Gustavo Guzmán Saldana (Ambassador of Bolivia to the US), Efrén Cocíos (Ambassador of Ecuador to Permanent Mission to the Organization of American States), Bernardo Álvarez (Ambassador of Venezuela to the US), Rep. Gregory Meeks, (D-NY), Everett Eissenstat (Assistant US Trade Representative for the Americas), Thomas Shannon (Assistant Secretary of State, Bureau of Western Hemisphere Affairs), and Omar Garcia (BG Consulting, Inc.). The price to attend ranges from $5 to $25. For more information, call 202-626-3463. See, notice. This event was previously scheduled for September 13, 2007. Location: Alston & Bird, 950 F St., NW.

1:30 - 4:00 PM. Day one of a three day meeting of the National Science Foundation's (NSF) Mathematical and Physical Sciences Advisory Committee. See, notice in the Federal Register, October 11, 2007, Vol. 72, No. 196, at Page 57966. Location: Room 375, NSF, 4201 Wilson Boulevard, Arlington, VA.

TIME CHANGE. 2:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Examining U.S. Government Enforcement of Intellectual Property Rights". The witnesses will be Sen. Evan Bayh (D-IN), Chris Israel (the Department of Commerce's U.S. Coordinator for International Intellectual Property Enforcement ), Chris Moore (Department of State's Deputy Assistant Secretary for Trade Policy and Programs), Kevin O'Connor (Department of Justice's Task Force on Intellectual Property). See, notice. Location: Room 226, Dirksen Building.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host at seminar titled "Drafting Consumer Contracts" The price to attend is ranges from $25 to $135. Reservations and cancellations are due by 12:00 NOON on November 5. See, registration form [PDF]. This event qualifies for CLE credits. Location: Arnold & Porter, 555 12th St., NW.

6:00 - 8:30 PM. The DC Bar Association will hold a closed event titled "A Practitioner's Guide to the New TTAB Rules". The speakers will include Gerald Rogers (USPTO, TTAB Judge), Linda McLeod (Finnegan Henderson, and former TTAB Judge), and Christianna Lewis (Finnegan Henderson). 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.

Day one of a two day conference titled "E-Gov Institute's 8th Security Conference and Exhibition". At 1:15 PM, Hugo Teufel, the DHS's Chief Privacy Officer, will participate in a panel discussion titled "Implementing Effective Agency Privacy Programs: Essential Components". Location: Ronald Reagan Building, 1300 Pennsylvania Ave.,  NW.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding the overall costs, benefits, and regulatory and economic impact of its Mail or Telephone Order Merchandise Rule (MTOR). See, notice in the Federal Register, September 11, 2007, Vol. 72, No. 175, at Pages 51728-51730.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of November 5.

8:00 AM - 6:00 PM. Day two of a three day meeting of the National Science Foundation's (NSF) Mathematical and Physical Sciences Advisory Committee. See, notice in the Federal Register, October 11, 2007, Vol. 72, No. 196, at Page 57966. Location: Room 375, NSF, 4201 Wilson Boulevard, Arlington, VA.

9:00 AM. Day two of a two day partially closed meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The November 8 portion of the meeting is closed to the public. The agenda is secret. See, notice in the Federal Register, October 23, 2007, Vol. 72, No. 204, at Page 60000. Location: Room 4884, Hoover Building, 14th St. between Constitution and Pennsylvania Avenues, NW.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Localism, Diversity and Media Ownership". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 2248 [LOC | WW], the "Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007", and S 352 [LOC | WW], the "Sunshine in the Courtroom Act of 2007". The agenda also includes consideration of several judicial nominees: Joseph Laplante (to be a Judge of the U.S. District Court for the District of New Hampshire), Reed O'Connor (U.S.D.C., Northern District of Texas, Dallas Division), Thomas Schroeder (U.S.D.C., Middle District of North Carolina), and Amul Thapar (U.S.D.C., Eastern District of Kentucky). See, agenda. The SJC rarely follows its published agenda. Location: Room 226, Dirksen Building.

10:00 AM - 1:15 PM. The Federal Communications Commission (FCC) will host an event titled "Digital Television Consumer Education Workshop". See, notice [PDF]. The event will be webcast by the FCC. Location: FCC, Commission Meeting Room, 445 12th St., SW.

2:00 - 3:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will meet by teleconference. The meeting will be partially closed. The agenda for the open portion of the meeting includes "an overview of NSTAC's investigation of identity management and emergency communications interoperability for national security and emergency preparedness communications". The agenda of the closed portion of the meeting includes a discussions and votes on an "investigation of the global network infrastructure environment" and an "investigation of commercial systems' reliance on global positioning systems for network timing synchronization". See, notice in the Federal Register, October 12, 2007, Vol. 72, No. 197, at Pages 58110-58111.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "How to Litigate a Patent Infringement Case". The speakers will be Patrick Coyne and Jerry Ivey (Finnegan Henderson). 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.

Day one of a two day conference titled "E-Gov Institute's 8th Security Conference and Exhibition". Location: Ronald Reagan Building, 1300 Pennsylvania Ave.,  NW.

Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) to assist it in preparing its annual report titled "National Trade Estimate Report on Foreign Trade Barriers". See, notice in the Federal Register, August 29, 2007, Vol. 72, No. 167, at Pages 49745-49746.

The House will meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of November 5.

8:00 AM - 3:00 PM. Day three of a three day meeting of the National Science Foundation's (NSF) Mathematical and Physical Sciences Advisory Committee. See, notice in the Federal Register, October 11, 2007, Vol. 72, No. 196, at Page 57966. Location: Room 1235, NSF, 4201 Wilson Boulevard, Arlington, VA.

9:00 AM - 6:00 PM. American Lawyer Media will host a program titled "Innovations in IP Litigation". The price to attend is $450. For more information, contact Sandy Chan at 212-967-0095 ext. 224 or sachan at alm dot com. See, notice. Location: Westin Washington DC City Center, 1400 M St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-61 Revision 1 [147 pages in PDF] titled "Draft Computer Security Incident Handling Guide".

Veteran's Day observed.

The Federal Communications Commission (FCC) and other federal offices will be closed. See, Office of Personnel Management's (OPM) list of federal holidays and 5 U.S.C. § 6103.

2:00 PM. Deadline to file amicus briefs on the merits in support of the petitioner Quanta Computer (or in support to neither party) 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.

Day one of a five day closed meeting of the National Institute of Standards and Technology's (NIST) Judges Panel of the Malcolm Baldrige National Quality Award. See, notice in the Federal Register, October 23, 2007, Vol. 72, No. 204, at Page 60004. Location: NIST, Administration Building, Lecture Room E, Gaithersburg, MD.

9:15 AM - 1:15 PM. The U.S. Chamber of Commerce will host an event titled "Breaking the Barriers: The BIG Business of Nanotechnology". The speakers will include Sen. Ron Wyden (D-OR), Co-Chair of the Senate Nanotechnology Caucus, and John Marburger, Director of the President's Office of Science and Technology Policy (OSTP). See, notice. Prices vary. For more information, contact Drew Preston at 202-463-5500. Location: Chamber, 1615 H St., NW.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host a brown bag lunch titled "Digital Radio". The speakers will be Albert Shuldiner (iBiquity), David Layer (National Association of Broadcasters), and Caryn Mathes (WAMU(FM)). Location: National Association of Broadcasters, 1771 N St., NW.

12:00 NOON - 6:00 PM. Day one of a four day meeting of the Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee. Section 508 of the Rehabilitation Act of 1973, as amended, provides at 29 U.S.C. § 794d that each federal agency "developing, procuring, maintaining, or using electronic and information technology" must provide comparable access to disabled federal employees, and to disabled members of the public who have access to and use of information and data of that agency; it further provides that each agency must comply with disability access regulations written by the ATBCB. For more information, contact Timothy Creagan at 202-272-0016 or creagan at access dash board dot gov. See, notice in the Federal Register, November 1, 2007, Vol. 72, No. 211, at Pages 61827-61828. The ATBCB states that attendees must go to the National Science Foundation (NSF), 4201 Wilson Boulevard, Arlington, VA, to pick up security passes. Location: NSF, 4121 Wilson Boulevard, Stafford Place II, Room 555, Arlington, VA.

5:15 PM. Deadline to submit post hearing briefs to the U.S. International Trade Commission (USITC), following its October 30, 2007, public hearing to assist the USITC in preparing a report for the House Ways and Means Committee regarding government policies affecting trade with the People's Republic of China (PRC). See, notice in the Federal Register: July 31, 2007, Vol. 72, No. 146, at Pages 41773-41774.

Day two of a five day closed meeting of the National Institute of Standards and Technology's (NIST) Judges Panel of the Malcolm Baldrige National Quality Award. See, notice in the Federal Register, October 23, 2007, Vol. 72, No. 204, at Page 60004. Location: NIST, Administration Building, Lecture Room E, Gaithersburg, MD.

Deadline to submit written comments to the Department of Justice's (DOJ) Antitrust Division regarding its symposium titled "Voice, Video and Broadband: The Changing Competitive Landscape and Its Impact on Consumers" on November 29, 2007. See, DOJ notice and notice in the Federal Register, October 17, 2007, Vol. 72, No. 200, at Pages 58885-58887. For more information, contact Ashley Becker at 202-514-5835 or Carl Willner at 202-514-5813.

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

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