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April 14, 2008, Alert No. 1,746.
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FTC Receives Comments Regarding Online Behavioral Advertising

4/15. Numerous companies, trade groups, and others filed comments with the Federal Trade Commission (FTC) in response to its December 20, 2007, staff document [7 pages in PDF] titled "Online Behavioral Advertising: Moving the Discussion Forward to Possible Self-Regulatory Principles".

The FTC's document stated it uses the term "behavioral advertising" to mean "the tracking of a consumer’s activities online including the searches the consumer has conducted, the web pages visited, and the content viewed in order to deliver advertising targeted to the individual consumer’s interests." It then proposed five principles, and requests public comments.

For a summary of the FTC' proposed principles, see story titled "FTC Proposes and Seeks Comments on Voluntary Principles for Online Behavioral Advertising" in TLJ Daily E-Mail Alert No. 1,691, December 19, 2007.

The Center for Democracy and Technology (CDT) and other groups submitted a comment [27 pages in PDF] in which they argued that "the current self-regulatory framework has failed to protect consumer privacy".

The CDT wrote that the "FTC's proposed principles are a promising start, but much more work is needed -- and much more information about how behavioral advertising is actually taking place -- before consumers will be sufficiently protected online."

The Center for Digital Democracy (CDD) and U.S. Public Interest Research Group submitted a comment [37 pages in PDF] in which they complained that the FTC "has been largely incapable to take a meaningful stand on data collection and interactive marketing". They argued that "the time for regulation is here -- but not merely self-regulation".

They proposed that the FTC "must establish as a rule that consumers must be offered opt-in before any data are collected (with the exception of underage individuals governed by the COPPA statute). All data collection, from "cookie" to pixel tag to IP address, etc., requires an affirmative prior consent. The request for an opt-in must be accompanied by an understandable explanation on what data are being collected, how it will be used, the controls that users have over it (removing or correcting data, for example), the retention period, what transmission to other parties or affiliates are involved (ad networks, ad auctions, etc.). The commission needs to bring up to date its definition of personally identifiable information to include IP addresses and cookie information." (Parentheses in original.)

Google, which pursues business models built on online advertising, asserted in its comment [11 pages in PDF] that "online advertising is a critical building block for free expression on the web, the success of businesses of all sizes operating online, and the well-being of the Internet economy". Google argued for a "self-regulatory approach".

Microsoft also submitted a comment [31 pages in PDF] advocating industry self-regulation. See also, comment [15 pages in PDF] of the Interactive Advertising Bureau (IAB), which represents Google, Yahoo, MSN, and others.

eBay submitted a comment [9 pages in PDF]. It is not an ad network. However, it offers product search in its web site, and manages promotional content. eBay noted that while some of the FTC's proposed principles apply to "advertising", content and advertising are interrelated, and it can be hard to distinguish what is advertising.

eBay concluded that "we are concerned that the breadth and detail of the principles the Commission has proposed will inhibit industry innovation on the internet at the expense of illusory consumer value".

The Newspaper Association of America (NAA) wrote in its comment [17 pages in PDF] regulation, if applied to online newspapers, could violate the First Amendment of the Constitution.

It urged the FTC "to affirm the indispensable role of advertising in supporting free content. The Commission should also avoid endorsing principles that would impair newspapers’ ability to attract advertising or manage the operations of their websites. Finally, the Commission should recognize that the First Amendment severely limits governmental efforts to regulate the editorial judgment of newspaper publishers, editors, reporters, and advertisers."

The NAA argued that the FTC "has ignored significant constitutional issues raised by the proposed behavioral targeting principles. The proposed principles -- which concededly are intended to set a national standard, and which presumably the agency would in the future use as a basis for consent decrees and other enforcement actions -- would have profound constitutional implications if applied to online newspapers."

The NAA warned the FTC that any "efforts to restrict or limit what newspaper websites publish, and the basis by which editors and advertisers make decisions regarding what to publish, run directly counter to core First Amendment rights, and can amount to a form of prior restraint."

The Software and Information Industry Association (SIIA) wrote in its comment [PDF] that "the proposed principles are a ``one-size-fits-all´´ approach that will not work, as either a basis for further dialogue on self-regulation, or for undertaking enforcement actions."

It added that the "SIIA strongly urges that if the FTC intends to establish a basis for engaging self-regulatory efforts or for developing an enforcement framework that it initiate a formal Notice of Proposed Rulemaking procedure to promulgate such principles."

AT&T submitted a comment [7 pages in PDF] in which it advocated self regulation. Verizon also submitted a comment [8 pages in PDF] advocating self-regulation.

Peter Swire (Ohio State University law professor) and Annie Anton (North Carolina State University computer science professor) submitted a comment [10 pages in PDF] focusing on the use of opt out cookies for consumers who wish not to participate in behavioral profiling.

See also, FTC's web page with hyperlinks to filed comments.

House to Consider Tax Bill That Removes Cell Phones From IRC 280F

4/14. The House Rules Committee (HRC) approved a rule for consideration of HR 5719 [LOC | WW], the "Taxpayer Assistance and Simplification Act of 2008". Also, Rep. Steny Hoyer's (D-MD) schedule for Tuesday, April 15, 2008, provides for consideration by the full House of HR 5719.

This bill would, among other things, remove the clause "any cellular telephone (or other similar telecommunications equipment)" from the enumeration of "listed property" in Section 280F of the Internal Revenue Code. The Internal Revenue Service (IRS) is now asserting that it can compel taxpayers to treat the use of cell phones and other devices paid for by employers as income to employees.

See, stories titled "IRS Initiative Taxes Employees for Use of Work Cell Phones and Other Devices" and "Bills Introduced to Stop IRS from Taxing Employees for Work Cell Phones and Other Devices" in TLJ Daily E-Mail Alert No. 1,745, April 11, 2008.

The HRC approved a closed rule, that provides for one hour of debate, no amendments, and a vote on the amendment in the nature of a substitute [27 pages in PDF] recommended by the House Ways and Means Committee (HWMC).

The HWMC amended and approved HR 5719 on April 9, 2008. The vote on approval was 23-17. The amendment in the nature of a substitute leaves unchanged Section 3 of the bill as introduced, which amends Section 280F.

Also, Section 13 of the bill provides for IRS notification to taxpayers of suspected identity theft.

It provides that "If, in the course of an investigation under the internal revenue laws, the Secretary determines that there was or may have been an unauthorized use of the identity of the taxpayer or a dependent of the taxpayer, the Secretary shall, to the extent permitted by law ... as soon as practicable and without jeopardizing such investigation, notify the taxpayer of such determination ..."

House Judiciary Committee to Hold Hearing on Bill to Provide Federal Funding to Schools for Surveillance Equipment

4/14. The House Judiciary Committee (HJC) announced that its Subcommittee on Crime, Terrorism, and Homeland Security will hold a hearing on April 17 on three bills, including HR 2352 [LOC | WW], the "School Safety Enhancements Act of 2007". See, HJC notice.

This bill would, among other things, amend 42 U.S.C. § 3797a to authorize the Department of Justice (DOJ) to provide grants to public elementary and secondary schools for "surveillance equipment".

The statute already provides for grants to schools for "metal detectors" and "Any other measure that, in the determination of the Attorney General, may provide a significant improvement in security".

This bill does not define the term "surveillance equipment". Nor is there any enumeration of types surveillance  equipment that is either included, or excluded, from this grant program. For example, the bill does not reference cameras and other video surveillance equipment, equipment for intercepts of phone or internet communications, or equipment used to access data stored on computers.

Title 42 pertains to health and welfare. Section 3797a pertains to federal grants to schools for school security. It may also be significant that this bill amends the Omnibus Crime Control and Safe Streets Act of 1968, Public Law No. 90-351, as amended, which also authorizes wiretaps, bugs, pen register or a trap and trace devices, and accessing of computers and stored records. For example, for intercepts, see 18 U.S.C. § 2511 and 18 U.S.C. § 2516.

This bill was introduced by Rep. Steven Rothman (D-NJ) on May 16, 2007. The companion bill in the Senate is S 1217 [LOC | WW].

This hearing is scheduled for 10:00 AM on April 17 in Room 2141 of the Rayburn Building. The HJC will webcast the hearing.

SEC General Counsel Predicts SEC Will Soon Propose Making XBRL Mandatory

4/12. Brian Cartwright, General Counsel of the Securities and Exchange Commission (SEC), gave a speech in Dallas, Texas, in which he addressed interactive data.

He said that "I predict a release proposing that reporting companies be required to use XBRL in their filings will be considered by the Commission in the near future. That means that if you haven't already become familiar with XBRL, you won't be able to procrastinate much longer."

The SEC's interactive data program is currently voluntary.

He spoke at an American Bar Association (ABA) convention. Most of the audience was lawyers. Hence, most of his speech was dedicated to explaining interactive data in non-technical terms, and arguing that it will not complicate the work of securities lawyers.

He offered an overview of what interactive data and eXtensible Business Reporting Language (XBRL) are. He said that "XBRL is just a set of rules for attaching identifying codes to items of financial information. In the jargon of XBRL, these identifying codes are called "tags." Think of it as bar-coding for financial information."

He continued that "once identifying codes have been attached to each item of financial information in a company's SEC filing, computer software can search for and retrieve any of those items simply by searching for the corresponding tag -- and do the same with hundreds or thousands of other filings more or less instantly."

Then, "once software has collected information in this way from a filing -- or a lot of filings-the software can do all the wonderful things software can do with the data it has identified: make graphs, charts, tables, plots, summaries, calculations, lists -- whatever is useful to a user."

He said that securities lawyers will not "need to know what the codes look like."

He asked a rhetorical question: "how hard is it going to be for your clients to tag their financial data?" He then answered his question: "The answer is: not hard at all, even the first time. And easier thereafter."

He added that "in time many companies will be using accounting software that includes XBRL data tagging as an integral part of the system. That will make it cheaper and easier for those companies to prepare their financial statements in the first place, with far less risk of human error. And the financial statements that are produced by that software then will have been tagged automatically."

FCC Enforcement Bureau Recommends Denial of § 222 Complaint Against Verizon

4/11. The Federal Communications Commission (FCC) released the Enforcement Bureau's (EB) document [13 pages in PDF] titled "Recommended Decision" on a complaint submitted by Bright House Networks, Comcast and Time Warner Cable against Verizon alleging violation of 47 U.S.C. §§ 201 and 222 in connection with Verizon's alleged use of proprietary information of other carriers that it receives in the local number porting process. The complainants allege that Verizon uses this information for customer retention marketing.

47 U.S.C. § 222 limits the use and dissemination by telecommunications carriers of customer proprietary network information (CPNI).

The document, which is signed by Kris Montieth, Chief of the EB, recommends that the FCC deny the complaint as to Section 222, but conduct a rule making proceeding regarding customer retention marketing practices.

Subsection 222(a) provides in full that "Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunication carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier."

Subsection 222(b) provides, in full, that "A telecommunications carrier that receives or obtains proprietary information from another carrier for purposes of providing any telecommunications service shall use such information only for such purpose, and shall not use such information for its own marketing efforts."

The EB document states that "Section 222(b) does not expressly state whose provision of telecommunications services is covered. Specifically, section 222(b) does not expressly state whether its marketing ban applies when the receipt of proprietary information is for purposes of (i) the receiving carrier (here, Verizon) ``providing any telecommunications service,´´ or (ii) the submitting carrier (here, a Competitive Carrier) ``providing any telecommunications service,´´ or (iii) either the submitting carrier or the receiving carrier ``providing any telecommunications service.´´ Verizon contends that the first construction is the correct one, arguing that section 222(b) applies only when a carrier receives another carrier's proprietary information so that the receiving carrier can provide a telecommunications service. Complainants advocate the third construction, asserting that ``section 222(b) encompasses any carrier-to-carrier service regardless of which carrier is providing it or to whom.´´" (Parentheses in original. Footnotes omitted.)

The document concludes, "We recommend that the Commission adopt the construction advocated by Verizon, because that construction provides the most natural, grammatically consistent reading of the statute."

It reasons that "Verizon’s role in the number porting process does not constitute the provision of a ``telecommunications service´´ ..."

The document recommends that the FCC deny counts of the complaint that allege that Verizon's customer retention marketing practices violate either Subsections 222(a) or 222(b). The document adds that the allegation of violation of Section 201 will be addressed in a forthcoming order.

This document is numbered DA 08-860.

More News

4/14. The Supreme Court denied certiorari in Chemject International v. Southwestern Bell Telephone, Sup. Ct. No. 07-859. This lets stand the January 25, 2007, opinion of the Court of Appeals of Texas, Thirteenth District (No. 13-04-567-CV). Also, the Supreme Court of Texas denied a petition for review on September 28, 2007. This is a class action regarding SBC's customer billing. See, Orders List [18 pages in PDF] at page 3, and Supreme Court Docket.

4/14. The U.S. Patent and Trademark Office (USPTO) announced in a release that beginning on April 28, 2008, it will institute a "six-month pilot program that will allow an applicant to have an interview with the patent examiner prior to the first Office action on the merits in a new utility application." The USPTO added that "The First Action Interview Pilot program will expedite prosecution of the patent application by enhancing the interaction between the applicant and the examiner, providing the applicant an opportunity to resolve patentability issues one-on-one with the examiner at the beginning of the review process."

4/14. Commissioner Paul Atkins of the Securities and Exchange Commission (SEC) gave a speech in Rio de Janeiro, Brazil. He stated that the philosophy at the SEC is that "the SEC ought not apply our laws to purely foreign transactions". But, he added, "twenty years from now, after more technological change, it may be impossible to say where shares are traded." He also stated that the SEC has "proposed rule changes related to disclosures by foreign private issuers who already file with us. Among other things, the amendments would eliminate all requirements for paper filings. Investors would instead have access to documents in English on the Internet, and companies would also save time and money through electronic filing." He also discussed Sarbox 404, IFRS, and U.S Brazil relations.

4/10. Rep. John Conyers (D-MI) and Rep. Lamar Smith (R-TX) released a joint statement regarding Google. They wrote that "In February, the House Judiciary Committee announced plans to hold a hearing on the State of Competition on the Internet. Yesterday’s announcement of a two-week trial venture between Yahoo! and Google, as well as reports of a possible Yahoo!/AOL merger, further underscore the need for a hearing on the state of competition on the Internet and online advertising. The Judiciary Committee’s Task Force on Competition Policy and Antitrust Laws will continue to explore these issues."

4/10. The Federal Communications Commission (FCC) announced that its Public Safety and Homeland Security Bureau will host an event titled "Promoting an Effective Emergency Alert System on the Road to a Next Generation EAS" on Monday, May 19, 2008, at 9:00 AM to 12:45 PM, in the FCC's Commission Meeting Room. See, FCC notice.

Washington Tech Calendar
New items are highlighted in red.
Tuesday, April 15

The House will meet at 10:30 AM for morning hour debate, and 12:00 NOON for legislative business. The House will consider several non-technology related items under suspension of the rules, and HR 5719 [LOC | WW], the "Taxpayer Assistance and Simplification Act of 2008", pursuant to a rule. See, Rep. Hoyer's schedule for week of April 14, and schedule for April 15.

The Senate will meet at 10:00 AM. It will resume consideration of HR 1195 [LOC | WW], the "Highway Technical Corrections Act of 2007".

ROOM CHANGE. 9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Oversight of the Federal Communications Commission -- the 700 MHz Auction". The first panel of witnesses will be the five FCC Commissioners. The second panel will be Charles Dowd (NYC Police Department), Robert Irving (Leap Wireless), Harold Feld (Media Access Project), Robert Duncan (SVP of Rivada Networks), Morgan O'Brien (CEO of Cyren Call Communications), Harlan McEwen (Public Safety Spectrum Trust), Steven Zipperstein (Verizon Wireless), and Coleman Bazelon (Brattle Group). See, witness list [PDF]. This hearing will be webcast by the HCC. See also, story titled "Rep. Markey Announces Hearing on 700 MHz Auction" in TLJ Daily E-Mail Alert No. 1,734, March 20, 2008. The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Financial Services will hold a hearing on the Internal Revenue Service (IRS). Location: Room 2220, Rayburn Building.

12:00 NOON. The Cato Institute will host a book event. The speakers will be Eric Lichtblau, author of Bush’s Law: The Remaking of American Justice [Amazon], and Timothy Lynch (Cato). On December 16, 2005, the New York Times published a story by James Risen and Lichtblau titled "Bush Lets U.S. Spy on Callers Without Courts", which disclosed a federal surveillance operation involving warrantless intercepts. See also, story titled "Bush, Gonzales & Hayden Discuss Presidential Intercepts and PATRIOT Act" in TLJ Daily E-Mail Alert No. 1,276, December 20, 2005. Lunch will be served after the program. And see, NYT's listing of articles by Lichtblau. See, notice and registration page. This event will be webcast by Cato. Location: Cato, 1000 Pennsylvania Ave., NW.

1:00 PM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution, Civil Rights, and Civil Liberties will hold a hearing on HR 3189 [LOC | WW], the "National Security Letters Reform Act of 2007". The hearing will be webcast by the HJC. See, notice. Location: Room 2141, Rayburn Building.

2:00 - 4:00 PM. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will meet to mark up HR __, the "Science and Technology Innovation Act of 2008". Location: Room 2318, Rayburn Building.

Wednesday, April 16

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of April 14.

POSTPONED TO APRIL 23. 10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "National Security Letters: The Need for Greater Accountability and Oversight". The witnesses will be James Baker (former Counsel for Intelligence Policy, Department of Justice), Gregory Nojeim (Center for Democracy and Technology), and Michael Woods (former Chief, National Security Law Unit, Office of the General Counsel, FBI). Location: Room 226, Dirksen Building.

10:00 AM. The House Science Committee (SCC) will hold a hearing titled "The National Nanotechnology Initiative Amendments Act of 2008". The witnesses will be Floyd Kvamme (Co-Chair of the President’s Council of Advisors on Science and Technology), Sean Murdock (Nano Business Alliance), Joseph Krajcik (University of Michigan), Andrew Maynard (Woodrow Wilson Center), Raymond David (BASF Corporation), and Robert Doering (Texas Instruments). Location: Room 2318, Rayburn Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Financial Services will hold a hearing on the Securities and Exchange Commission (SEC). Location: Room 2220, Rayburn Building.

2:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Crime will hold a hearing titled "Challenges and Solutions for Protecting our Children from Violence and Exploitation in the 21st Century". The witnesses will be McGregor Scott (U.S. Attorney for the Eastern District of California), Flint Waters (Office of the Attorney General of the State of Wyoming), Robert Moses (High Technology Crimes Unit, Delaware State Police), Michelle Collins (National Center for Missing and Exploited Children), and Grier Weeks (National Association to Protect Children). See, notice. This hearing will address online exploitation. Location: Room 226, Dirksen Building.

2:00 PM. The House Oversight and Government Reform Committee's Subcommittee on Information Policy, Census, and National Archives will hold a hearing titled "Electronic Communications Preservation Act". Location: Room 2247, Rayburn Building.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Wireline Committee will host an event titled "Pole Attachments: Current Issues and Policy Considerations". This event qualifies for continuing legal education (CLE) credits. See, registration form [PDF] and notice and online registration page. Prices vary. The deadline for registrations and cancellations is 5:00 PM on April 14. Location: Bingham McCutchen, 2020 K St., NW.

Thursday, April 17

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of April 14.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 2533 [LOC | WW], the "State Secrets Protection Act". The SJC rarely follows its published agendas. This bill has been on prior agendas. Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, and Homeland Security will hold a hearing on three bills. One is HR 2352 [LOC | WW], the "School Safety Enhancements Act of 2007". This bill would, among other things, amend 42 U.S.C. § 3797a to authorize the Department of Justice to provide grants to public elementary and secondary schools for "surveillance equipment". This hearing will be webcast by the HJC. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Cato Institute will host an event titled "Highly Skilled Immigrants: Opening the Doors to Prosperity". The program will address the Congress' failure to increase the annual limit on the number of H1B visas. The speakers will include Sen. Judd Gregg (R-VT) and Dan Griswold (Cato). See, notice and registration page. Location: Room 430, Dirksen Building, Capitol Hill.

10:00 - 11:30 AM. The Department of State's (DOS) Advisory Committee on International Communications and Information Policy will meet. See, notice in the Federal Register, April 1, 2008, Vol. 73, No. 63, at Pages 17396-17397. Location: Loy Henderson Auditorium, DOS, 2201 C St., NW.

12:00 NOON - 1:00 PM. The National Association of Manufacturers (NAM) will host an event titled "NAM Issue Briefing: Research and Development Credit". The speakers will include Sen. Orrin Hatch (R-UT), sponsor of S 2209 [LOC | WW], the "Research Credit Improvement Act of 2007". Location: NAM, Suite 600, 1331 Pennsylvania Ave., NW.

6:00 PM. Deadline for the winning bidders in Auction 73 to submit the balance of the net amount of their winning bids. See, notice.

6:30 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Diversity Committee and Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Parul Desai at pdesai at mediaaccess dot org, Chris Fedeli at chrisfedeli at dwt dot com, or Tarah Grant at tsgrant at hhlaw dot com. Location: Oya Restaurant & Lounge, 777 9th St., NW.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to it Notice of Proposed Rulemaking (NPRM) regarding the Recommended Decision of the Federal-State Joint Board on Universal Service, released on November 20, 2007, regarding comprehensive reform of high cost universal service taxes and subsidies. The FCC adopted this NPRM on January 15, 2008, and released the text on January 29, 2008. It is FCC 08-02 in WC Docket No. 05-337 and CC Docket No. 96-45. See, original notice in the Federal Register, March 4, 2008, Vol. 73, No. 43, at Pages 11587-11591. See also, notice [PDF] of extension (DA 08-674).

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding the use of reverse auctions to determine the amount of high cost universal service subsidies provided to eligible telecommunications carriers serving rural, insular, and high cost areas. The FCC adopted this NPRM on January 9, 2008, and released the text on January 29, 2008. It is FCC 08-05 in WC Docket No. 05-337 and CC Docket No. 96-45. See, original notice in the Federal Register, March 4, 2008, Vol. 73, No. 43, at Pages 11591-11602. See also, notice [PDF] of extension (DA 08-674).

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding the FCC's rules governing the amount of high cost universal service subsidies provided to competitive eligible telecommunications carriers (ETCs). This NPRM also tentatively concludes that the FCC should eliminate the existing identical support rule, which is also known as the equal support rule. The FCC adopted this NPRM on January 9, 2008, and released the text on January 29, 2008. It is FCC 08-04 in WC Docket No. 05-337 and CC Docket No. 96-45. See, original notice in the Federal Register, March 4, 2008, Vol. 73, No. 43, at Pages 11580-11587. See also, notice [PDF] of extension (DA 08-674).

Friday, April 18

Rep. Hoyer's schedule for week of April 14 states that "no votes are expected in the House".

12:30 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host an event titled "Tour of T-Mobile Wireless Switch Office". See, registration form [PDF]. This event is free. Registration required; limit of 15. Location: T-Mobile wireless switching office, 12050 Baltimore Ave., Beltsville, MD.

5:00 PM. Deadline to submit to the National Telecommunications and Information Administration (NTIA) applications for a grant for the Pan-Pacific Education and Communications Experiments by Satellite (PEACESAT) Program. See, notice in the Federal Register, March 19, 2008, Vol. 73, No. 54, at Pages 14777-14780.

5:00 PM. Extended deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding SP 800-73-2, Part 1 [40 pages in PDF] titled "Interfaces for Personal Identity Verification -- Part 1: End-Point PIV Card Application Namespace, Data Model, and Representation", SP 800-73-2, Part 2 [28 pages in PDF] titled "Interfaces for Personal Identity Verification -- Part 2: End-Point PIV Card Application Card Command Interface", SP 800-73-2, Part 3 [19 pages in PDF] titled "Interfaces for Personal Identity Verification -- Part 3: End-Point PIV Client Application Programming Interface", and SP 800-73-2, Part 4 [16 pages in PDF] titled "Interfaces for Personal Identity Verification -- Part 4: The PIV Transitional Interface and Data Model Specification".

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the OUSTR's complaint to the World Trade Organization (WTO) regarding the People's Republic of China's (PRC) WTO restrictions on financial information services and financial information suppliers. See, notice in the Federal Register, March 24, 2008, Vol. 73, No. 57, at Pages 15544-15545.

Saturday, April 19

Passover begins at sundown.

Monday, April 21

Day one of a three day conference hosted by the Wireless Communications Association International (WCAI) titled "WCAI 2008: Capitalizing on the 4G/WiMax Eco-System". Location: Grand Hyatt Hotel, 1000 H St., NW.

TIME? Day one of a two day invitation only conference hosted by the Business Software Alliance (BSA) titled "BSA High-Tech General Counsel Forum". See, notice. Location?

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding interference protection rights for LPFM stations. The FCC adopted this item on November 27, 2007, and released the text on December 11, 2007. It is FCC 07-204 in MB Docket No. 99-25. See, notice in the Federal Register, March 6, 2008, Vol. 73, No. 45, at Pages 12061-12065, and Public Notice [PDF] (DA 08-531).

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding expanding the local number portability (LNP) requirements and numbering related rules, including compliance with N11 code assignments, to interconnected voice over internet protocol (VOIP) providers. The FCC adopted this NPRM on October 31, 2007, and released the text on November 8, 2007. See, story titled "FCC Extends LNP Requirements to Interconnected VOIP" in TLJ Daily E-Mail Alert No. 1,668, November 2, 2007. This NPRM is FCC 07-188 in WC Docket Nos. 07-243 and 07-244. See, notice in the Federal Register, February 21, 2008, Vol. 73, No. 35, at Pages 9507-9515.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) in response to its notice of proposed rulemaking regarding its Technology Innovation Program (TIP). See, notice in the Federal Register, March 7, 2008, Vol. 73, No. 46, at Pages 12305-12312.

Tuesday, April 22

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "The Future of the Internet". See, notice. Location: Room 253, Russell Building.

Day two of a three day conference hosted by the Wireless Communications Association International (WCAI) titled "WCAI 2008: Capitalizing on the 4G/WiMax Eco-System" . Location: Grand Hyatt Hotel, 1000 H St., NW.

TIME? Day two of a two day invitation only conference hosted by the Business Software Alliance (BSA) titled "BSA High-Tech General Counsel Forum". See, notice. Location?

People and Appointments

4/10. The Senate confirmed Catharina Haynes to be a Judge of the U.S. Court of Appeals for the 5th Circuit.  See, Congressional Record, April 10, 2008, at Page S2954. See also, White House biography. She is a partner in the Dallas, Texas, office of the law firm of Baker Botts.

4/10. The Senate confirmed Brian Miller to be a Judge of the U.S. District Court for the Eastern District of Arkansas by a vote of 88-0. See, Roll Call No. 102 and Congressional Record, April 10, 2008, at Page S2954.

4/10. The Senate confirmed James Randal Hall to be a Judge of the U.S. District Court for the Southern District of Georgia. See, Congressional Record, April 10, 2008, at Page S2954.

4/10. The Senate confirmed John Mendez to be a Judge of the U.S. District Court for the Eastern District of California. See, Congressional Record, April 10, 2008, at Page S2954.

4/10. The Senate confirmed Stanley Thomas Anderson to be a Judge of the U.S. District Court for the Western District of Tennessee. See, Congressional Record, April 10, 2008, at Page S2954.

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