9/15. The House passed by HR 5938 [LOC | WW], a bill to amend 18 U.S.C. § 1030, the computer hacking statute.

Rep. Bobby Scott (D-VA) (at right) stated in the House on September 15, 2008, that this bill provides "needed tools to law enforcement to address the growing and evolving crime of identity theft, as well as other types of cybercrimes in several critical aspects". See, Congressional Record, September 15, 2008, at Page H8076.

There was little debate. The bill was approved by voice vote. The Senate has already passed this bill. It is now ready for the signature of President Bush.

Sen. Patrick Leahy (D-VT) wrote in a statement and bill summary that "This bipartisan legislation also includes important cyber crime provisions -- portions of the Identity Theft Enforcement and Restitution Act -- to protect the privacy rights of all Americans. The anti-cyber crime provisions in this bill are long overdue. A recent survey by the Federal Trade Commission found that that more than eight million Americans fell victim to identity theft in 2005."

Legislative History. This bill combines two unrelated bills titled "Former Vice President Protection Act" and "Identity Theft Enforcement and Restitution Act".

On October 16, 2007, Sen. Patrick Leahy (D-VT) and Sen. Arlen Specter (R-PA) introduced S 2168 [LOC | WW], the "Identity Theft Enforcement and Restitution Act of 2007". The Senate Judiciary Committee (SJC) amended and approved S 2168 on November 1, 2007. The full Senate further amended and approved S 2168 on November 16, 2007.

On May 14, 2008, Rep. Adam Schiff (D-CA) and other introduced HR 6060 [LOC | WW], the "Identity Theft Enforcement and Restitution Act of 2008", a bill substantially identical to S 2168.

On May 1, 2008, Rep. John Conyers (D-MI), Rep. Lamar Smith (R-TX), and others introduced HR  5938, the "Former Vice President Protection Act of 2008". As introduced, this bill only addressed former Vice Presidents.

On June 9, 2008, the House passed HR 5938.

On July 30, 2008, the Senate amended and passed HR 5938. The Senate added the language of the "Identity Theft Enforcement and Restitution Act of 2007".

On September 15 the House passed the version of HR 5938 that the Senate approved on July 30.

Bill Summary. Title II of the bill contains the "Identity Theft Enforcement and Restitution Act of 2007".

Section 201 of the bill contains its title.

Section 202 of the bill provides for restitution to identity theft victims in criminal cases.

Section 203 of the bill deletes from Subsection 1030(a)(2)(C) the "interstate or foreign communication" requirement. That is, after enactment, this statutory section will provide that "(a) Whoever ... (2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains ... (C) information from any protected computer ... shall be punished".

Rep. Scott stated in the House that "to address the increasing number of computer hacking crimes that involve computers that may be located within the same State, the bill removes the current proof requirement that a computer's information must be stolen through an interstate or international communication. The fact that you are using Internet will still satisfy the interstate commerce requirements of the Constitution."

Section 204 of the bill is titled "Malicious spyware, hacking and keyloggers". This is the longest and most important section.

The terms "spyware" and "keyloggers" appear in neither Section 1030 as currently written, nor as it will read after revision by this bill.

Currently, subsection 1030(a)(5)(A) lists three types of acts, while subsection 1030(a)(5)(B) enumerates various types of injuries that might be caused by these acts. Currently, there is a criminal violation of subsection 1030(a)(5) only if there is both an act under subsection (A) and an injury listed in subsection (B) that was caused by the act.

This bill eliminates subsection (B). However, the bill would add similar language to the sentencing section of the statute, so that the injury caused by the act would be relevant to the sentence, and hence the offense's classification as either felony or misdemeanor, but would not be an element of the offense.

The three prohibited acts under subsection (a)(5) currently are "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", "intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage" and "intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage". The bill, in the third item, replaces "damage" with "damage and loss".

The effects of Section 204 of the bill will be to make it easier for prosecutors to bring criminal actions for a variety have hacking activities, including use of malicious spyware and keyloggers. The bill will also make it easier for civil litigants to obtain judicial relief for the same sort of conduct.

Sen. Leahy explained in his release that the bill will "Eliminate the requirement that damage to a victim's computer exceed $5,000 before charges can be brought for unauthorized access to a computer. The provision protects innocent actors while punishing violations resulting in less than $5,000 in damage as misdemeanors".

This bill may also sweep within the scope of the statute certain non-malicious conduct that individuals may not understand to be prohibited, for example, in the context of employees accessing the computers of their employers.

Section 205 of the bill rewrites the cyber extortion subsection. Currently, subsection 1030(a)(7) provides that "(a) Whoever ... (7) 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".

The bill maintains the clause "threat to cause damage to a protected computer", and then add two acts that also constitute extortion under this subsection.

First, it adds "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".

Second, it adds "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".

Sen. Leahy explained in his release that the bill "Makes it a crime to threaten to steal or release information from a computer. Current law only permits the prosecution of those who seek to extort companies or government agencies by explicitly threatening to shut down or damage a computer."

Section 206 pertains to conspiracy. Currently, subsection 1030(b) provides that "Whoever attempts to commit an offense under subsection (a) ... shall be punished ...". Section 206 of this bill adds to this whoever "conspires to commit" an offense under subsection (a).

Section 207 of the bill amends the definition of "protected computer". Currently, a "protected computer" is one used by the federal government, a financial institution, or any other computer "which is used in interstate or foreign commerce or communication". This bill changes this final clause to "which is used in or affecting ...".

See also, Section 203 of the bill. These two sections deprive defendants of the defense that since both the defendant and the accessed computer were located in the same state, their actions cannot constitute a violation of Section 1030.

Section 208 of the bill adds a new subsection to Section 1030 providing for forfeiture of property used in Section 1030 criminal violations.

Finally, Section 209 of the bill gives detailed directives to the U.S. Sentencing Commission regarding sentencing of persons convicted of violating Section 1030 as well as related crimes.

Reaction. Mike Zaneis, of the Interactive Advertising Bureau (IAB), stated in a release that "The threat of having consumers' identities stolen and the proliferation of spyware can erode consumer confidence in the Internet and undermines legitimate advertising and e-mail practices".

Zaneis added that "IAB endorses the approach taken by Congress, which appropriately targets illegitimate conduct and provides law enforcement agencies with additional tools and resources to bring these criminals to justice. The language passed by Congress strikes the appropriate balance between the need for effective law enforcement and protection of legitimate industry practices."

Robert Holleyman, head of the Business Software Alliance (BSA), stated in a release that "The information technology industry cheers today’s vote, which will lead to stronger, more aggressive enforcement action against a variety of cyber threats, such as `botnets,´ which allow criminals to take over consumers' computers without their knowledge. Ultimately, this vote will give law enforcement officials more tools to address the realities of cyber crime today, and it will give consumers more reasons to feel confident and secure in the online world. For too long, cyber criminals have taken advantage of legal loopholes to evade prosecution and rob consumers of their financial security. American consumers and businesses are the number one target of global cyber crime."

9/11. AT&T Services, Inc. filed a complaint [redacted, 44 pages in PDF] with the Federal Communications (FCC) against Cox Communications alleging violation of Subsection 628(b) of the Communications Act in connection with its desire to license Cox's San Diego Padres baseball games.

AT&T provides a service in San Diego, California, and other places, named U-verse TV, which is internet protocol based multi channel video programming. It states in its complaint that "Cox Enterprises, Inc. (or its subsidiary) has exclusive rights to games played by Major League Baseball’s San Diego Padres, which it or its subsidiary provides to customers via Cox-4." (Parentheses in original.)

AT&T stated in a release that "Despite our best efforts to negotiate fair terms for Cox’s programming, Cox is doing its best to deny consumers video choice.  We are now forced to file this complaint at the FCC in hopes of obtaining access to important programming so that we can give consumers additional choices for their video entertainment."

It added that "It has become clear from Cox’s behavior that it is blatantly engaging in unfair methods of competition. The clearest indication that Cox is using its control over this programming to deny consumers a meaningful choice of video providers is Cox’s willingness to sell its sports network to other cable incumbents in San Diego that do not compete head-to-head with Cox. In other words, Cox is in the business of licensing its programming to other video providers -- except when it comes to those that compete with it, such as AT&T and DBS providers."

AT&T alleges in its complaint that it "brings this program access Complaint to redress the ongoing and repeated refusal of Defendants Cox Communications, Inc. and Cox Enterprises, Inc. to license their regional sports programming to AT&T in San Diego."

AT&T continues that "The Cox programming at issue -- Cox-4, which includes exclusive live coverage of San Diego Padres baseball games -- is precisely the type of ``must have´´ programming identified by the Commission in its recent order extending the program access rules." (Footnote omitted.)

AT&T argues that "Cox’s refusal to deal with AT&T violates Section 628(b) of the Communications Act. Specifically, the withholding of Cox-4 is an unfair method of competition that has both the purpose and effect of significantly hindering AT&T’s ability to provide satellite-delivered programming to consumers in San Diego."

Section 628(b), which is codified at 47 U.S.C. § 548(b), provides in full that "It shall be unlawful for a cable operator, a satellite cable programming vendor in which a cable operator has an attributable interest, or a satellite broadcast programming vendor to engage in unfair methods of competition or unfair or deceptive acts or practices, the purpose or effect of which is to hinder significantly or to prevent any multichannel video programming distributor from providing satellite cable programming or satellite broadcast programming to subscribers or consumers."

AT&T elaborates that "Cox is withholding terrestrially-delivered programming for the purpose of defeating competition from other providers of satellite-delivered programming in its service area, and its efforts are meeting with success, to the detriment of consumers."

Moreover, AT&T argues, "this Complaint need not and does not seek to have the Commission close the so-called ``terrestrial loophole,´´ an issue pending in the general program access rulemaking proceeding. It is not necessary to resolve here whether Section 628(b) can be read to directly preclude exclusive contracts for terrestrially-delivered programming in all circumstances. Withholding of this particular terrestrially-delivered programming directly depresses competition for satellite-delivered video programming in San Diego, and thus, on its face, directly contravenes the plain language of Section 628." (Footnote omitted.)

AT&T seeks from the FCC a declaration that Cox has violated Section 628(b) and Section Section 76.1001 of the FCC's rules by refusing to license Cox-4 San Diego to AT&T. It also seeks an "injunctive order" mandating that Cox "negotiate a license agreement with AT&T for Cox-4 San Diego on nondiscriminatory terms and conditions". It also seeks damages and penalties.

Perhaps, AT&T seeks program access relief from the FCC, not under its program access rules, but under a expansive reading of Section 628(b) as a broad grant of quasi-antitrust authority to the FCC redundant of Section 1 of the Sherman Act (15 U.S.C. § 1), and Section 5 of the Federal Trade Commission Act (15 U.S.C. § 45).

The FCC could be amenable to such an interpretation. For example, on October 31, 2007, the FCC adopted its multiple dwelling units (MDUs) R&O based upon a similar Section 628 analysis. See, stories titled "FCC Adopts R&O Abrogating Contracts Between MDU Owners and Cable Companies" and "Commentary on FCC's R&O Regarding MDU Owners and Cable Companies" in TLJ Daily E-Mail Alert No. 1,669, November 5, 2007.

AT&T is represented in this matter by Christopher Heimann and other in house counsel, and by Lynn Charytan and other attorneys at the law firm of Wilmer Cutler.

9/11. The AeA and the Information Technology Association of America (ITAA) announced that "they are in discussions to merge the trade associations' memberships and programs". See, AeA release and ITAA release.

9/10. The National Telecommunications and Information Administration (NTIA) extended the deadline to submit applications for membership on the NTIA's Commerce Spectrum Management Advisory Committee (CSMAC). The applicable positions have two year terms that commence in December of 2008. The original deadline was September 2. See, original notice in the Federal Register, August 1, 2008, Vol. 73, No. 149, at Pages 44972-44973. The extended deadline is October 17. See, extension notice in the Federal Register, September 10, 2008, Vol. 73, No. 176, at Pages 52646-52647.

9/10. The Federal Communications Commission (FCC) published a notice in the Federal Register that announces, describes, and sets comment deadlines for, its Notice of Inquiry (NOI) regarding requiring devices capable of receiving Satellite Digital Audio Radio Service (SDARS) to include digital audio broadcast (DAB), HD Radio, or other technologies capable of providing audio entertainment services. This is a part of the FCC's proceeding on the merger of XM and Sirius. See, story titled "FCC Approves XM Sirius Merger" in TLJ Daily E-Mail Alert No. 1,800, July 25, 2008. The FCC adopted this NOI on August 22, 2008, and released the text [9 pages in PDF] on August 25, 2008. It is FCC 08-196 in MB Docket No. 08-172. The deadline for initial comments is November 10, 2008. The deadline for reply comments is December 9, 2008. See, Federal Register, September 10, 2008, Vol. 73, No. 176, at Pages 52657-52660.

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Notices & Disclaimers
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The House will meet at 9:00 AM for morning hour and at 10:00 AM for legislative business. The House will consider numerous non-technology related items. See, Rep. Hoyer's schedule for week of September 15 and schedule for September 16.

The Senate will meet at 10:00 AM. It resume consideration of S 3001 [LOC | WW], the Department of Defense authorization bill.

8:30 - 11:00 AM. George Mason University law school's Information Economy Project (IEP) will host an event titled "Consensus FCC Reforms and the Communications Agenda for the Next Administration". At 8:40 AM, there will be a panel titled "Improving Procedures at the Federal Communications Commission". The speakers will be former FCC officials: Peter Pitsch, Robert Pepper, Ken Robinson, Blair Levin, and Kathy Brown. At 9:45 AM, former FCC Chairmen Michael Powell and William Kennard will speak. This event is free. See, notice and agenda. For more information, contact Drew Clark at 703-993-8525 or iep dot gmu at gmail dot com. Location: National Press Club, 13th floor, 529 14th St., NW.

9:00 AM. The President's Council of Advisors on Science and Technology (PCAST) will meet. The agenda includes (1) university private sector research partnerships, (2) science and engineering education, and (3) impact of science policy on innovation. See, notice in the Federal Register, August 29, 2008, Vol. 73, No. 169, Page 50967. Location; Room 100, Keck Center of the National Academies, 500 5th St., NW.

RESCHEDULED FOR SEPTEMBER 18. 9:00 AM - 1:15 PM. The Federal Communications Commission (FCC) Public Safety and Homeland Security Bureau will host an event titled "Pandemic Preparedness: Enhancing Communications Response for Health Care and First Responders". See, notice [PDF]. Location: FCC, Commission Meeting Room.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Status of the DTV Transition: 154 Days and Counting". The witnesses will be Kevin Martin (FCC Chairman), Meredith Baker (acting head of the NTIA), Mark Goldstein (GAO), Tom Romeo (IBM), Kyle McSlarrow (NCTA), Chris Murray (Consumers Union), Andrew Setos (Fox Group), John Kittleman (KRGV–TV NEWSCHANNEL 5 and KRGV–DT 5.2 LATV), David Candelaria (Entravision), David Rehr (NAB), Christopher McLean (Consumer Electronics Retailers Coalition), Connie Book (Elon University). The HCC will webcast this hearing. Location: Room 2123, Rayburn Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade and Consumer Protection will hold a hearing on HR 3402 [LOC | WW], the "Calling Card Consumer Protection Act". The HCC will webcast this hearing. Location: Room 2322, Rayburn Building.

10:00 AM. The House Judiciary Committee (HJC) will hold an hearing on the Federal Bureau of Investigation (FBI). The HJC will webcast this hearing. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Emergency Communications, Preparedness and Response will hold a hearing titled "Interoperability in the Next Administration: Assessing the Derailed 700 MHz D-block Public Safety Spectrum Auction". The witnesses will be Derek Poarch (Chief of the FCC's Public Safety Homeland Security Bureau), Chris Essid (DHS), David Boyd (DHS), Richard Mirgon (Association of Public-Safety Communications Organization International), John Contestabile (Public Safety Spectrum Trust), LeRoy Carlson (US Cellular), Robert LeGrande, and Charles Dowd (City of New York Police Department). The HHSC will webcast this hearing. Location: Room 311, Cannon Building.

TIME CHANGE. 10:30 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Why Broadband Matters". The witnesses will be Rey Ramsey (One Economy Corporation), Larry Cohen (Communications Workers of America), Jonathan Linkous (American Telemedicine Association), Mara Mayor (AARP), Margaret Conroy (Missouri State Librarian), Gene Peltola (Yukon Kuskokwim Health Corporation). See, notice. Location: Room 253, Russell Building.

12:00 PM. The Cato Institute will host a panel discussion on the book [Amazon] titled "New Frontiers in Free Trade: Globalization's Future and Asia's Rising Role". The speakers will be Razeen Sally (author), Carlos Primo Braga (World Bank), and Dan Griswold. See, notice and registration page. The event will be webcast by the Cato Institute. Lunch will be served after the event. Location: Cato, 1000 Massachusetts Ave., NW.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology will hold a hearing titled "Cybersecurity Recommendations for the Next Administration". The witnesses will be Jim Lewis (Center for Strategic and International Studies), Harry Raduege (Deloitte Center for Network Innovation), Paul Kurtz (Good Harbor Consulting), Dave Powner (GAO). The HHSC will webcast this hearing. Location: Room 311, Cannon Building.

3:00 PM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade and Consumer Protection will meet to mark up HR 3402 [LOC | WW], the "Calling Card Consumer Protection Act". The HCC will webcast this hearing. Location: Room 2123, Rayburn Building.

Extended deadline to submit reply comments to the Copyright Office (CO) in response to its proposed rule changes regarding retransmission of digital television broadcast signals by cable operators pursuant to 17 U.S.C. § 111. See, notice of extension in the Federal Register, July 14, 2008, Vol. 73, No. 135, at Page 40203, and original notice in the Federal Register, June 2, 2008, Vol. 73, No. 106, at Pages 31399-31415.

The House will meet at 10:00 AM for legislative business. The House will consider numerous non-technology related items. See, Rep. Hoyer's schedule for week of September 15  and schedule for September 17.

The Senate will meet at 9:30 AM. It resume consideration of S 3001 [LOC | WW], the Department of Defense authorization bill.

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Federal Bureau of Investigation". The witness will be Robert Mueller, Director of the Federal Bureau of Investigation (FBI). See, notice. Location: Room 216, Hart Building.

10:00 AM. The House Commerce Committee (HCC) will meet to mark up 11 bills, including HR 6353 [LOC | WW], the "Ryan Haight Online Pharmacy Consumer Protection Act of 2008". The HCC will webcast this hearing. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Homeland Security and Government Affairs Committee (HSGAC) will hold an executive business meeting. The agenda [PDF] includes mark up of S 3474 [LOC | WW], the "Federal Information Security Management Act of 2008" or the "FISMA Act of 2008", and S 3484 [LOC | WW], the "Information Technology Investment Oversight Enhancement and Waste Prevention Act of 2008". Location: Room 342, Dirksen Building.

10:30 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Corporation for Public Broadcasting Nominations". See, notice. Location: Room 253, Russell Building.

2:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Asia, the Pacific, and the Global Environment will hold a hearing titled "Exporting Toxic Trash: Are We Dumping Our Electronic Waste on Poorer Countries?" The witnesses will include John Stephenson (GAO). See, notice. Location: Room 2172, Rayburn Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) in its proceeding titled "In the Matter of Implementation of the NET 911 Improvement Act of 2008". It adopted this item on August 22, and announced it and released the text [34 pages in PDF] on August 25, 2008. This NPRM is FCC 08-195 in WC Docket No. 08-171. See, notice in the Federal Register, August 28, 2008, Vol. 73, No. 168, at Pages 50741-50751.

The House will meet at 10:00 AM for legislative business. The House will consider numerous non-technology related items. See, Rep. Hoyer's schedule for week of September 15.

RESCHEDULED FROM SEPTEMBER 16. 9:00 AM - 1:15 PM. The Federal Communications Commission (FCC) Public Safety and Homeland Security Bureau will host an event titled "Pandemic Preparedness: Enhancing Communications Response for Health Care and First Responders". Location: FCC, Commission Meeting Room.

9:00 - 11:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Cyber Security". See, notice. Location: Room H-405, Capitol Building.

9:00 AM. The U.S. District Court (DC) will hold a status conference in Broadcast Music, Inc. v. Hunam Inn, et al., D.C. No. 08-cv-0040. Location: Courtroom 8, 333 Constitution Ave., NW.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of an authorization for subpoenas relating to the Department of Justice's (DOJ) Office of Legal Counsel (OLC), and consideration of the nominations of Clark Waddoups (to be a Judge of the U.S. District Judge for the District of Utah), Michael Anello (U.S.D.C., Southern District of California), Mary Scriven (U.S.D.C., Middle District of Florida), Christine Arguello (U.S.D.C., District of Colorado), Philip Brimmer (U.S.D.C., District of Colorado), and Gregory Garre (DOJ Solicitor General). See, notice. The SJC will webcast this meeting. The SJC rarely follows the agendas for its executive business meetings. Location: Room 216, Hart Building.

12:00 NOON. Deadline to submit to the Office of the U.S. Trade Representative's (OUSTR) Trade Policy Staff Committee (TPSC) requests to testify at is October 2, 2008, hearing. The TPSC will hold this hearing to receive testimony to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, July 31, 2008, Vol. 73, No. 148, at Pages 44783-44785.

12:15 - 2:00 PM. The Federal Communications Bar Association's (FCBA) Wireless and Wireline Practice Committee will host a lunch titled "Universal Service and Intercarrier Compensation: Is Reform on the Way?" The price to attend is $15.00. See, registration page. Location: Sidley Austin, 1501 K St., NW.

1:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing on HR 5793 [LOC | WW], the "Cell Tax Fairness Act of 2008". See, notice. Location: Room 2141, Rayburn Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding expanding the scope of services and products covered by the FCC's schools and libraries tax and subsidy program. The FCC adopted this item on July 25, 2008, and released the text [26 pages in PDF] on July 31, 2008. It is FCC 08-173 in CC Docket No. 02-6. See, notice in the Federal Register, August 19, 2008, Vol. 73, No. 161, at Pages 48352-48359.

The House may meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for week of September 15.

9:30 AM - 12:30 PM. The National Telecommunications and Information Administration's (NTIA) Commerce Spectrum Management Advisory Committee will meet. See, notice in the Federal Register, September 4, 2008, Vol. 73, No. 172, at Pages 51631-51632. Location: Room 5855, Department of Commerce, 1401 Constitution Ave., NW.

10:00 - 11:00 AM. The AeA will host an event titled "McCain Campaign staff at AeA". The speaker will be Ike Brandon of the McCain presidential campaign. He will "discuss innovation and competitiveness issues". See also, Sen. McCain's position paper titled "Technology". To register, contact israel_shamir at aeanet dot org. Location: AeA, Suite 600 North, 601 Pennsylvania Ave., NW.

10:00 AM. The Copyright Office will hold a hearing in connection with its 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, notice in the Federal Register, August 13, 2008, Vol. 73, No. 157, at Pages 47113-47114. Location: Copyright Hearing Room, Library of Congress, Room LM-408, 4th Floor, James Madison Building, 101 Independence Ave., SE.

Deadline to submit comments to the Department of Defense (DOS) in response to its interim rule and request for comments regarding its Defense Federal Acquisition Regulation Supplement (DFARS). This addresses, among others things, information, technology and software. See, notice in the Federal Register, July 21, 2008, Vol. 73, No. 140, at Pages 42274-42279.

TIME? The U.S. District Court (DC) will begin trial in US v. Stevens, D.C. No. 08-cr-0231. 150 prospective jurors will fill out questionnaires. Location: Courtroom 24A, 333 Constitution Ave., NW.

8:00 AM - 6:00 PM. Transatlantic Business Dialogue (TABD) and others will host an event titled "Transatlantic Symposium on the Societal Benefits of RFID". See, TABD notice and agenda [PDF]. Location: Center for Strategic and International Studies (CSIS), 1800 K St., NW.

10:00 AM - 12:00 NOON. The Office of the U.S. Trade Representative (OUSTR) will hold a meeting regarding the ongoing negotiations of a multi-nation trade agreement titled "Anti-Counterfeiting Trade Agreement". See, notice in the Federal Register, September 5, 2008, Vol. 73, No. 173, at Pages 51860-51861. Location: Main Auditorium, Hoover Building, 1401 Constitution Ave., NW.

10:30 AM - 12:00 NOON. The New America Foundation (NAF) will host an event titled "OneWebDay 2008: e-Democracy Time Capsule Closing and Public Forum". The speakers will include Jonathan Adelstein (FCC Commissioner), Sascha Meinrath (NAF), and Drew Clark (BroadbandCensus.com). See, notice and registration page. Location: NAF, 7th floor, 1630 Connecticut Ave., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "General Counsel Series: Irvin Nathan, General Counsel of the U.S. House of Representatives". The speakers will be Nathan Irvin. The price to attend ranges from $10 to $20. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

3:00 - 5:00 PM. The American Enterprise Institute (AEI) will host a panel discussion on the book titled "Innovation and Technology Adoption in Health Care Markets". The speakers will be the authors, Anupam Jena and Tomas Philipson, Christopher Adams (FTC), and John Calfee (AEI). See, notice and registration page. Location: AEI, 12th floor, 1150 17th St., NW.

4:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Crime will hold a hearing on HR 6713 [LOC | WW], the "E-fencing Enforcement Act of 2008", HR 6491 [LOC | WW], the "Organized Retail Crime Act of 2008", and S 3434 [LOC | WW], the "Combating Organized Retail Crime Act of 2008". See, notice. Location: Room 2141, Rayburn Building.

Deadline to submit to the Office of the U.S. Trade Representative's (OUSTR) Trade Policy Staff Committee (TPSC) written testimony to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, July 31, 2008, Vol. 73, No. 148, at Pages 44783-44785.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry and Notice of Proposed Rulemaking (NOI/NPRM) regarding regulation of advertising sponsorship identification. This item is FCC 08-155 in MB Docket No. 08-90. This FCC adopted this item on June 13, 2008, and released the text [22 pages in PDF] on June 26, 2008. See, notice in the Federal Register, July 24, 2008, Vol. 73, No. 143, at Pages 43194-43200.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding assignment of Educational Broadband Service (EBS) spectrum in the Gulf of Mexico. The FCC adopted this item on March 18, 2008, and released the text [111 pages in PDF] on March 20, 2008. This item is FCC 08-03 in WT Docket Nos. 03-66, 03-67, and 02-68, IB Docket No. 02-364, and ET Docket No. 00-258. See, notice of extension of comment deadlines in Federal Register, July 8, 2008, Vol. 73, No. 131, at Pages 38955-38956.

Deadline to submit petitions to participate (and the $150 filing fee) in the Copyright Royalty Judges' proceeding to determine the distribution of the digital audio recording technology royalty fees in the 2002, 2003, and 2004 Musical Works Funds. See, notice in the Federal Register, August 22, 2008, Vol. 73, No. 164, at Pages 49708-49709.

Extended deadline to submit comments to the Bureau of Industry and Security (BIS) in response to its Notice of Inquiry (NOI) regarding recommendations made by the Deemed Export Advisory Committee (DEAC) with respect to BIS's deemed export licensing policy. The BIS seeks comments on, among other things, whether the scope of technologies on the Commerce Control List (CCL) that are subject to deemed export licensing requirements should be narrowed, and if so, which technologies should be subject to deemed export licensing requirements. See, original notice in the Federal Register, May 19, 2008, Vol. 73, No. 97, at Pages 28795-28797, and extension notice in the Federal Register, August 22, 2008, Vol. 73, No. 164, at Pages 49645-49646.

8:30 AM. The Federal Trade Commission (FTC) will host an event titled "Transatlantic RFID Workshop on Consumer Privacy and Data Security". See, workshop web site. Location: FTC Conference Center, 601 New Jersey Ave., NW.

TIME? The U.S. District Court (DC) will hold the second day of trial in US v. Stevens, D.C. No. 08-cr-0231. Voir dire will likely take place. Judge Emmet Sullivan will preside. Location: Courtroom 24A, 333 Constitution Ave., NW.

10:30 AM. The Bureau of Industry and Security (BIS) Emerging Technology and Research Advisory Committee will hold a partially closed meeting. The BIS will telecast the open portion of the meeting. See, notice in the Federal Register, September 9, 2008, Vol. 73, No. 175, at Pages 52265-52266. Location: Department of Commerce, Hoover Building, Room 4830, 14th Street between Constitution and Pennsylvania Aves., NW.

POSTPONED. 12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "SEC Senior Enforcers Speak on SEC Priorities". The speakers will be Scott Friestad (Deputy Director of the Securities and Exchange Commission's Division of Enforcement), Joan McKown (Chief Counsel, SEC/DOE), George Curtis (Deputy Director, SEC/DOE), and Larry Ellsworth (Jenner & Block). The price to attend ranges from $5 to $15. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

2:30 PM. The Senate Commerce Committee will hold a hearing titled "Oversight of the DTV Transition – Countdown to February 2009". See, notice. Location: Room 253, Russell Building.

6:00 - 9:15 PM. The DC Bar Association will host a program titled "Privacy in Today's Workplace". The speakers will be Gerard Stegmaier (Wilson Sonsini) and Charles Henter. The price to attend ranges from $80 to $115. For more information, contact 202-626-3488. See, notice. This event qualifies for continuing legal education (CLE) credits. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

6:00 - 10:00 PM. Douglas Ginsburg, a Judge of the U.S. Court of Appeals (DCCir), will give a speech titled "Continuity and Change in the Supreme Court: Antitrust as a Case Study", at a fund raising dinner hosted by the American Enterprise Institute (AEI). The price to attend is $2,000. See, notice. Location: Ronald Reagan Building & International Trade Center, Pavilion Room, 1300 Pennsylvania Ave., NW.