8/21. The Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking and Order [24 pages in PDF] regarding "broadcast low power auxiliary stations" operating in the 700 MHz band, such as wireless microphones. See also, FCC release [PDF].

This spectrum is currently occupied by television broadcasters as TV Channels 52-69, but is to be reassigned to commercial and public safety wireless operations.

The NPRM portion of this item states that "we tentatively conclude to amend our rules to make clear that the operation of low power auxiliary stations within the 700 MHz Band will no longer be permitted after the end of the DTV transition because such operations could cause harmful interference to new public safety and commercial wireless services in the band."

It also tentatively concludes "to prohibit the manufacture, import, sale, offer for sale, or shipment of devices that operate as low power auxiliary stations in the 700 MHz Band."

In addition, "for those licensees that have obtained authorizations to operate low power auxiliary stations in spectrum that includes the 700 MHz Band beyond the end of the DTV transition, we tentatively conclude that we will modify these licenses so as not to permit such operations in the 700 MHz Band after February 17, 2009."

The order portion of this item states that "we impose a freeze, effective upon release of this Order, on the filing of new license applications that seek to operate on any 700 MHz Band frequencies (698-806 MHz) after the end of the DTV transition, February 17, 2009. In addition, we impose a freeze on granting any request for equipment authorization of low power auxiliary station devices that would operate in any of the 700 MHz Band frequencies."

The NPRM also requests comments on the July 16, 2008, Informal Complaint and Petition for Rulemaking [55 pages in PDF] of the Public Interest Spectrum Coalition (PISC).

This filing complains about the products and advertising of certain manufacturers of wireless microphones.

It also requests the FCC to create a new General Wireless Microphone Service (GWMS), "to operate on vacant broadcast UHF channels below Channel 52 on a secondary basis to broadcast licensees and individually licensed wireless microphone systems, and authorized on a primary basis to operate on the 2020-25 Band currently authorized for broadcast ancillary service (BAS)".

The PISC has no web site. Its petition was filed by Harold Feld and Andrew Schwartzman of the Media Access Project (MAP).

The FCC's NPRM and Order states that the PISC consists of the Cuwin Foundation, Consumer Federation of America (CFA), Consumers Union (CU), Educause, Free Press (FP), MAP, National Hispanic Media Coalition (NHMC), New America Foundation (NAF), the Open Source Wireless Coalition (OSWC), Public Knowledge (PK), and USPIRG.

Initial comments will be due 30 days after publication of a notice in the Federal Register. Reply comments will be due within 45 days of such publication. As of the Friday, August 22, 2008, issue of the Federal Register, such publication had not taken place.

The FCC adopted this item on August 15, 2008, but did not announce or release it until August 21, 2008. None of the five Commissioners of the FCC released statements. This item is FCC 08-188.

The NPRM and Order states that it was issued in WT Docket No. 08-166 and WT Docket No. 08-167. In contrast, the FCC release states that this item was issued in WT Docket No. 06-150, MB Docket No. 87-268, ET Docket No. 01-75, and PS Docket No. 06-229.

8/20. The U.S. Court of Appeals (9thCir) issued its opinion [20 pages in PDF] in Boschetto v. Hansing, holding that selling an item on the eBay auction site does not confer personal jurisdiction over an out of state seller in the state of the purchaser.

Jeffrey Hansing, a resident of state of Wisconsin, auctioned via eBay a 1964 Ford Galaxie car. The winning bidder was Paul Boschetto, a resident of California. Hansing shipped the car from Wisconsin to California. Boschetto alleges that it was not in the condition advertised by Hansing.

Boschetto filed a complaint in U.S. District Court (NDCal) against Hansing and others alleging four state law claims: violation of the California Consumer Protection Act, breach of contract, misrepresentation, and fraud. Subject matter jurisdiction is based upon diversity of citizenship.

The defendants moved to dismiss for lack of personal jurisdiction over them. The District Court granted the motion, and this appeal followed.

The Court of Appeals affirmed.

It held that "The sale of one automobile via the eBay website, without more, does not provide sufficient ``minimum contacts´´ to establish jurisdiction over a nonresident defendant in the forum state."

The Court of Appeals applied the following three prong test of the 9th Circuit:

  "(1) The non-resident defendant must purposefully direct his activities or consummate some transaction with the forum or resident thereof; or perform (some act by which he purposefully avails himself of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws;
  (2) the claim must be one which arises out of or relates to the defendant’s forum-related activities; and
  (3) the exercise of jurisdiction must comport with fair play and substantial justice, i.e. it must be reasonable." (Parentheses in original.)

It applied the purposeful availment standard to the first prong. It then concluded that the first prong is not met in this case because Boschetto did not establish that the defendants purposefully availed themselves of the privilege of doing business in California. There was merely a contract for the sale of a good, and this is insufficient to create a substantial connection with California.

The Court of Appeals further wrote that the Hansing's use of the eBay auction web site does not change the conclusion.

This case is Paul Boschetto v. Jeffrey Hansing, et al., U.S. Court of Appeals for the 9th Circuit, App. Ct. No. No. 06-16595, an appeal from the U.S. District Court for the Northern District of California, D.C. No. CV-06-01390-VRW, Judge Vaughn Walker presiding. Judge Betty Fletcher wrote the opinion of the Court of Appeals, in which Judge Kevin Duffy joined. Duffy is a Judge of the U.S. District Court (SDNY) who sat by designation. Judge Pam Rymer wrote a concurring opinion.

8/21. The U.S. Court of Appeals (7thCir) issued its opinion in Wheeler v. Lawson, in which the Court of Appeals affirmed the District Court's dismissal of a Section 1983 claim. The Court of Appeals wrote that using a video surveillance camera was one factor that gave police probable cause to arrest the operator of the camera for a crime that occurred at the surveiled location.

Michelle Wheeler was arrested for, and charged with, maintaining a common nuisance in violation of Indiana Code § 35-48-4-13. She and her husband owned a house and surrounding property. There was a two car garage about 500 feet from the house. This garage was outfitted with a video surveillance camera which focused on the outside. It was monitored from inside the house.

The Court of Appeals opinion recites substantial evidence that the garage was used by Wheeler's husband and her cousin to illegally manufacture methamphetamine. After her cousin died in an explosion in the garage, state police arrested and charged her with the minor offense of maintaining a common nuisance, rather than drug related charges. The charge against her was later dismissed.

She filed a complaint in U.S. District Court (NDInd) against the arresting officer and others alleging violation of 42 U.S.C. § 1983.

The District Court dismissed her claim, and the Court of Appeals affirmed. The Court of Appeals reasoned that the officer had qualified immunity because he had probable cause to arrest Wheeler for maintaining a common nuisance, in part because the officer knew of, and relied upon, "the fact that the area surrounding the garage was outfitted with a surveillance system".

This case is Michelle Wheeler v. Ronald Lawson, et al., U.S. Court of Appeals for the 7th Circuit, App. Ct. No. 07-1791, an appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division. D.C. No. 05 C 421, Judge Robert Miller presiding. Judge Ripple wrote the opinion of the Court of Appeals, in which Judges Kanne and Williams joined.

The House will not meet. It will return from its August recess on September 8.

The Senate will meet momentarily in pro forma session at 10:00 AM.

The Supreme Court will return on September 29, 2008. See, October Term 2008 calendar.

10:00 AM. The Federal Communications Commission (FCC) has scheduled an event titled "Open Meeting". The only item that remains on the agenda is adoption of a NPRM that requests public comments regarding "implementing the New and Emerging Technologies (NET) 911 Improvement Act of 2008". See also, story titled "FCC Revises Schedule for August 22 Event" in TLJ Daily E-Mail Alert No. 1,814, August 18, 2008. Location: FCC, Commission Meeting Room.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-121 [43 pages in PDF] titled "Guide to Bluetooth Security (Draft)".

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding post-reconfiguration 800 MHz band plans for the Puerto Rico region. See, notice in the Federal Register, July 14, 2008, Vol. 73, No. 135, at Pages 40274-40276.

Deadline to submit comments to the National Science Foundation's (NSF) Subcommittee on Networking and Information Technology Research and Development (NITRD) to assist it in preparing its five year strategic plan for the NITRD program. See, notice in the Federal Register, July 25, 2008, Vol. 73, No. 144, at Pages 43477-43478.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding assignment and administration of ten digit telephone numbers for internet based Telecommunications Relay Services (TRS). This item is FCC 08-151 in CG Docket No. 03-123 and WC Docket No. 05-196. See, notice in the Federal Register, July 18, 2008, Vol. 73, No. 139, at Pages 41307-41311.

No events listed.

No events listed.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to request for comments regarding regarding the treatment under its hearing aid compatibility rules of multi-mode and multi-band handsets and regarding the application of the de minimis exception to those rules. This request is FCC 08-68 in WT Docket No. 07-250. See, notice in the Federal Register, June 12, 2008, Vol. 73, No. 114, at Pages 33324-33326.

5:00 PM. Extended deadline to submit initial comments to the Copyright Office in response to its notice of proposed rulemaking regarding the scope and application of the Section 115 compulsory license to make and distribute phonorecords of a musical work by means of digital phonorecord deliveries. See, original notice in the Federal Register, July 16, 2008, Vol. 73, No. 137, at Pages 40802-40813. See also, extension notice in the Federal Register, August 13, 2008, Vol. 73, No. 157, at Pages 47113-47114.

Deadline to submit comments to the Securities and Exchange Commission (SEC) in response to its proposed rule that would, among other things, revise the mutual fund prospectus delivery obligations under § 5(b)(2) of the Securities Act of 1933 to permit sending or giving the key information directly to investors in the form of a summary prospectus and providing the statutory prospectus on a web site. See, notice in the Federal Register, August 6, 2008, Vol. 73, No. 152, at Page 45646.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-68 Rev. 1 [125 pages in PDF] titled "Guide to Securing Microsoft Windows XP Systems for IT Professionals: A NIST Security Configuration Checklist (DRAFT)".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its document [22 MB .zip file] titled "NIST Windows Security Baseline Database Application v0.2.7 (Beta)".

8/22. The Copyright Royalty Judges published a notice in the Federal Register announcing the commencement of the proceeding to determine the distribution of the digital audio recording technology royalty fees in the 2002, 2003, and 2004 Musical Works Funds. The deadline to submit petitions to participate, and the $150 filing fee, is September 22, 2008. See, Federal Register, August 22, 2008, Vol. 73, No. 164, at Pages 49708-49709.

8/21. The Bureau of Industry and Security (BIS), which regulates exports and other matters, published a notice in the Federal Register that announces, describes, recites, and sets the effective date (October 20, 2008) for, its rules changes mandating that export and reexport license applications, classification requests, encryption review requests, License Exception AGR notifications and related documents be submitted to the BIS by its electronic filing system. See, Federal Register, August 21, 2008, Vol. 73, No. 163, at Pages 49323-49331.

8/20. The Federal Trade Commission (FTC) announced in a release that it will host an event titled "Transatlantic RFID Workshop on Consumer Privacy and Data Security" on September 23, 2008, at its conference center at 601 New Jersey Ave., NW. The FTC also announced that the deadline to submit comments is October 23, 2008. In addition, the Transatlantic Business Dialogue (TABD) and others announced that on the previous day, September 22, they will host an event titled "Transatlantic Symposium on the Societal Benefits of RFID" at the CSIS at 1800 K St., NW. See, TABD notice and agenda [PDF].

8/20. Federal Communications Commission (FCC) Chairman Kevin Martin gave a speech [PDF] in Washington DC regarding transitioning to digital television.

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