Tech Law Journal Daily E-Mail Alert
November 8, 2007, Alert No. 1,672.
Home Page | Calendar | Subscribe | Back Issues | Reference
Senators Leahy and Cornyn Introduce Intellectual Property Enforcement Act

11/7. Sen. Patrick Leahy (D-VT) and Sen. John Cornyn (R-TX) introduced S 2317 [PDF | [LOC | WW], the "Intellectual Property Enforcement Act".

This is an enforcement bill, regarding civil actions by intellectual property rights (IPR) holders, criminal actions by the government, civil actions by the government, and the activities and operations of the Department of Justice (DOJ) and its Federal Bureau of Investigation (FBI). It does not create or alter any rights in intellectual property. It pertains primarily to copyright, but also reaches trademark and economic espionage.

It contains numerous provisions. It would, among other things:

  • allow the DOJ to bring civil actions for copyright violations,
  • provide for increased funding for investigations, training and prosecution by the DOJ and FBI,
  • provide a harmless error exception in the registration requirement for civil actions for infringement
  • provide a broad and expansive definition of the term "traffic in" for the purpose of the DMCA's ban on trafficking in circumvention devices, and
  • create a new section in the criminal code regarding procedures for forfeiture, destruction and restitution in copyright infringement and other actions.

Sen. Cornyn stated in a release that "gives the law enforcement community the additional tools needed to meet the growing threat to America's innovation economy posed by intellectual property pirates and counterfeiters".

There are other bills pending in the House and Senate that relate to enforcement of intellectual property rights. The DOJ has its own proposals. Sen. Leahy stated in the Senate that this bill "will start the process of considering how to ensure that our enforcement laws are up to the task, and that the necessary resources are in place to enforce them."

See also, Sen. Leahy's and Sen. Cornyn's section by section summary.

Civil Actions by the DOJ. Currently, 17 U.S.C. § 501 provides that "The legal or beneficial owner of an exclusive right under a copyright is entitled ... to institute an action for any infringement of that particular right". This is a private civil right of action that belongs to the right holder. §§ 502, 503, 504, and 505 also pertain to this private right of action.

Also, 17 U.S.C. § 506 currently criminalizes certain types of copyright infringement. For example, it criminalizes willful infringement "for purposes of commercial advantage or private financial gain". Section 506 also criminalizes certain actions related to copyright infringement, such as fraudulent copyright notices and fraudulent removal of copyright notices.

That is, § 506 provides that the government may bring criminal actions. However, currently there is no general civil action that the government can bring for infringement.

S 2317 would add a new § 506a titled "Civil penalties for violations of section 506".

It would provide that "In lieu of a criminal action under section 506, the Attorney General may commence a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 506. Upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty under section 504 which shall be in an amount equal to the amount which would be awarded under section 3663(a)(1)(B) of title 18 and restitution to the copyright owner aggrieved by the conduct."

The bill would also amend 17 U.S.C. § 504(b), which addresses actual damages in civil actions.

This section, as amended, would provide that "The copyright owner, or the Attorney General in a civil action, is entitled to recover the actual damages suffered by him or her the copyright owner as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer’s profits, the copyright owner, or the Attorney General in a civil action, is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work." (Deleted language is strike through. Added language is in bold red.)

The bill would make a similar amendment to § 504(b), which provides for statutory damages.

Sen. Leahy described the proposed DOJ civil action as the "centerpiece of the bill". He said that "Punishment should fit the crime, and a civil action is often more appropriate to the wrong being done in such cases than is criminal prosecution."

Prosecutors sometimes take no action against individual infringers as a result of their determination that criminal prosecution would be too harsh. This bill would provide a lesser recourse for prosecutors. It would likely result in more actions for infringement.

DOJ/FBI Activities. The bill also contains some detailed instructions for the DOJ and its FBI regarding investigating and prosecuting intellectual property rights cases.

The bill would require the creation of an "an operational unit" of the FBI to work with the DOJ's Computer Crime and Intellectual Property Section (CCIPS) "on the investigation and coordination of intellectual property crimes that are complex, committed in more than 1 judicial district, or international". This unit would have at least ten FBI agents, and be located at the FBI headquarters.

The bill would also require the DOJ to "implement a comprehensive program" to train FBI agents "in the investigation and prosecution of such crimes and the enforcement of laws related to intellectual property crimes"

The bill would also require the DOJ to locate at least one prosecutor in Hong Kong and one in Budapest, Hungary, "to assist in the coordination of the enforcement of intellectual property laws between the United States and foreign nations." The bill does not elaborate on the meaning for this phrase.

The bill would also require the DOJ to "create a Task Force to develop and implement a comprehensive, long-range plan to investigate and prosecute international organized crime syndicates engaging in or supporting crimes relating to the theft of intellectual property".

Funding. The bill would also authorize increased appropriations of $10 Million each for the FBI and DOJ "to investigate and prosecute criminal activity involving computers". The bill also instructs the FBI and DOJ on the expenditure of these funds.

Registration. 17 U.S.C. § 411 provides that "no action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made".

The bill would amend § 411 to limit its application to a "civil action".

It would also add a new subsection that provides a harmless error exception. It provides that "A certificate of registration satisfies the requirements of this section and section 412, regardless of whether the certificate contains any inaccurate information, unless (A) the inaccurate information was included on the application for copyright registration with knowledge that it was inaccurate; and (B) the inaccurate information, if known, would have caused the Register of Copyrights to refuse registration".

Sen. Leahy stated that "Copyright registration should not be voided by innocently checking the wrong box or misspelling a word on a form."

Pretrial Discovery and Preservation of Records. The bill would amend 17 U.S.C. § 503(a), which provides for pretrial impounding of copies, phonorecords, and other articles of infringement. The bill would add the clause "and of records documenting the manufacture, sale, or receipt of things involved in such violation".

This changes the character § 503(a). It is currently remedial. It allows things to be seized at the outset of an action that could be awarded to the copyright holder upon final judgment. The bill would make § 503(a) both a remedial and a pretrial discovery and preservation of evidence provision.

Importation and Exportation. The bill would amend 17 U.S.C. § 602 to cover both importation and exportation of copies and phonorecords. It currently applies only to importation.

Expansion of DMCA Ban on Trafficking in Circumvention Devices. The bill would amend the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA), at 17 U.S.C. § 1201, by providing a broad and expansive definition of the term "traffic in".

It is currently illegal to traffic in circumvention devices. The bill provides that "traffic in" would not only reach those who sell, but also those who transport or transfer for financial gain. Moreover, the bill provides that "financial gain" would include receipt of copyrighted works.

§ 1201(a)(1) provides that "No person shall circumvent a technological measure that effectively controls access to a work protected under this title".

§ 1201(a)(2) provides that "No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title; (B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or (C) is marketed by that person or another acting in concert with that person with that person’s knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title". (Emphasis added.)

The bill would provide that the term "traffic in", which is used in § 1201(a)(2), means "to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of".

It would provide that the term "financial gain", which is used in the definition of "traffic in", includes "receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works".

Forfeiture, Destruction and Restitution. The bill would create a new section in the criminal code, to be codified at 18 U.S.C. § 2323, titled "Forfeiture, destruction, and restitution".

It addresses both civil and criminal actions. For example, in civil actions for copyright infringement, forfeiture would extend not only to infringing items, but also to "Any property used, or intended to be used, in any manner or part to commit or facilitate the commission of" infringement.

However, this procedure would apply to other intellectual property rights other than copyright. The bill would amend several statutory sections that provide for forfeiture and restitution to provide that "Forfeiture, destruction, and restitution relating to this section shall be subject to" the new 18 U.S.C. § 2323.

This would apply to 17 U.S.C. § 506(b), regarding criminal copyright infringement, 18 U.S.C. § 2319B(b), regarding unauthorized recording of motion pictures, 18 U.S.C. § 2318, regarding trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging for works that can be copyrighted, 18 U.S.C. § 1834, regarding economic espionage, and 18 U.S.C. § 2320(b), regarding trafficking in counterfeit goods or services.

More Capitol Hill News

11/8. The Senate Judiciary Committee (SJC) held an executive business meeting. It began consideration of S 2248 [LOC | WW], the "Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007". However, Sen. Arlen Specter (R-PA), the ranking Republican on the SJC, exercised his option to hold over further consideration for one week. Sen. Patrick Leahy (D-VT), Sen. Specter, Sen. Orrin Hatch (R-UT), Sen. Dianne Feinstein (D-CA), Sen. Russ Feingold (D-WI), Sen. Jeff Session (D-AL), and Sen. Sheldon Whitehouse (D-RI) all made long opening statements. Sen. Leahy, the Chairman of the SJC, said that this bill will be the first item on the agenda for the business meeting of Thursday, November 15, 2007.

11/8. The Senate Judiciary Committee (SJC) held an executive business meeting. It held over consideration of four 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). Sen. Jon Kyl (D-AZ) said that all four are unopposed. Sen. Patrick Leahy (D-VT), the Chairman of the SJC, said that consideration was held over for one week at the request of a member of the SJC. He added that the four will be on the agenda for the November 15, 2007, meeting and that he will vote for all four nominees.

11/7. The Public Knowledge (PK) and other groups wrote a letter to members of the Senate expressing support for the Senate version of the patent reform bill. The Senate Judiciary Committee (SJC) amended and approved S 1145 [LOC | WW], the "Patent Reform Act of 2007", on July 19, 2007. The House passed a different patent reform bill, HR 1908 [LOC | WW], also titled the "Patent Reform Act of 2007", on September 7, 2007. However, the full Senate has taken no action on either bill. The other groups that signed the letter are the Electronic Frontier Foundation (EFF), Consumer Federation of America, Consumers Union, Knowledge Ecology International, and US Public Interest Research Group.

FCC Releases 2nd Report and Order and NPRM on Hearing Aids and Wireless Handsets

11/7. The Federal Communications Commission (FCC) released its Second Report and Order and Notice of Proposed Rulemaking [MS Word] regarding hearing aid compatibility mandates for wireless handsets.

This item concludes that "the current record does not support expanding the mandate for in-store demonstrations to independent retailers at this time." It also decides "not to narrow or otherwise change at this time the de minimis rule that exempts service providers and manufacturers with small product lines from the hearing aid compatibility regime".

The NPRM portion of this item seeks "renewed comment on these two issues". Initial comments will be due within 30 days of publication of a notice in the Federal Register. Reply comments will be due within 45 days. This publication had not taken place as of the November 8, 2007, issue of the Federal Register.

This item is FCC 07-192 in WT Docket Nos. 07-250 and 01-309.

People and Appointments

11/8. Ken Ferree was named President of the Progress & Freedom Foundation (PFF). The PFF is a Washington DC based free market oriented think tank that focuses on communications, information technologies, and intellectual property. Ferree was Bureau Chief of the Federal Communications Commission's (FCC) Media Bureau from 2001 through 2005. See, PFF release.

More News

11/7. The U.S. Court of Appeals (6thCir) issued its divided opinion [12 pages in PDF] in US v. Garner, a criminal case in which it reversed the conviction. The issue on appeal was access to cell phone records. There was a car jacking and robbery in which the multiple perpetrators used the cell phone of the victim. The FBI obtained the cell phone records around the time of the crime from Nextel pursuant to a subpoena. These records listed numbers for incoming and outgoing calls, but not names associated with those numbers. The prosecution had time before trial to investigate these numbers. It introduced these records at trial, over objections. The prosecution did not provide the records to defense counsel until the beginning of trial. Defense counsel was not able to investigate prior to trial. The District Court denied a motion for continuance. A codefendant, who had already pled guilty, identified the defendant. The Court of Appeals reversed. It reviewed the circumstances and concluded that the codefendant had incentive to lie about the identity the second perpetrator, and that the call records were relevant to who that person was, and the credibility of the testimony against the defendant. The Court of Appeals wrote that "The cell phone records are material because the person or persons who attacked Kareem Dotson and took his truck also had his cell phone, which was taken from Dotson's pocket during the attack. The cell phone was used to make and receive calls during the time it was out of Dotson's possession, presumably by the person or persons who attacked Dotson and took his truck. The failure of the government to turn over the records within a time frame that would allow Garner's counsel to investigate them prejudiced defendant."

11/7. Federal Reserve Board (FRB) Governor Kevin Warsh gave a speech in New York titled "The End of History?". He said that "During the past several years, the cause of economic freedom and the culture of capitalism have appeared firmly on the march. Founding ideologies aside, countries' economies are more connected by virtue of increased trade of products and services. Free markets, technological innovation, and instant communications are the watchwords of the global economy."

Thursday, November 8

The House will meet at 10:00 AM for legislative business. It will consider HR 3688 [LOC | WW], the "United States-Peru Trade Promotion Agreement Implementation Act", the Conference Report on HR 3222 [LOC | WW], the "Department of Defense Appropriations Act, 2008", and the conference report on HR 3043 [LOC | WW], the "Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008". See, Rep. Hoyer's schedule for the week of November 5, and schedule for Thursday, November 8.

The Senate will meet at 9:45 AM for morning business. It will then resume consideration of the veto message to HR 1495 [LOC | WW], the "Water Resources Development Act of 2007".

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.

9:30 AM. Ambassador Richard Russell, head of the U.S. Delegation to the World Radiocommunication Conference (WRC), will hold a news conference by teleconference. The dial in number is 1-800-857-4133; the pass code is 52707; Anne Jillson is the Department of State's call leader.

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.

1:30 PM. The Task Force on the Future of Innovation (TFFI) will hold a news conference. The speakers will include former NASA astronauts Mae Jemison and Kathryn Sullivan. The TFFI advocates increased federal spending on research and development. Location: Room B-339, Rayburn Building.

CANCELLED. 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. See, notice of cancellation in the Federal Register, November 8, 2007, Vol. 72, No. 216, at Page 63.

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.

Friday, November 9

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".

Monday, November 12

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.

Tuesday, November 13

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.

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Exploring the Scope of Public Performance Rights". Location: Room 226, Dirksen Building.

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.

Wednesday, November 14

9:00 AM - 5:00 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. See, notice in the Federal Register, November 1, 2007, Vol. 72, No. 211, at Pages 61827-61828. Location: National Science Foundation (NSF), 4121 Wilson Boulevard, Stafford Place II, Room 555, Arlington, VA.

10:00 AM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a business meeting. The agenda [PDF] includes consideration of S 1000 [LOC | WW], the "Telework Enhancement Act of 2007", and S __, the "E-Government Reauthorization Act of 2007". Location: Room 342, Dirksen Building.

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

Thursday, November 15

9:00 AM - 5:00 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. See, notice in the Federal Register, November 1, 2007, Vol. 72, No. 211, at Pages 61827-61828. Location: National Science Foundation (NSF), 4121 Wilson Boulevard, Stafford Place II, Room 555, Arlington, VA.

9:00 AM. The Internal Revenue Service's (IRS) Electronic Tax Administration Advisory Committee (ETAAC) will meet. The meeting is open to the public, but pre-registration is required. See, notice in the Federal Register, October 22, 2007, Vol. 72, No. 203, at Pages 59595-59596. Location: Hotel Washington, Capital Room, 515 15th St., NW.

12:00 NOON. The Federal Bar Association's (FBA) Capitol Hill Chapter will host a lunch. The speaker will be Thomas Griffith, Judge of the U.S. Court of Appeals (DCCir). The price to attend ranges from $15 to $20. See, notice [MS Word]. Location: Library of Congress, Montpelier Dining Room, 6th Floor, Madison Building, 1st and Independence Ave., SE.

7:00 - 9:30 PM. The Federal Communications Bar Association (FCBA) will host its annual FCBA Charity Auction. Location: Marriot at Metro Center, 775 12th St., NW.

Day four 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.

The U.S.-China Economic and Security Review Commission may release its 2007 report to the Congress.

About Tech Law Journal

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

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

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