9/19. Public Citizen and other groups filed an amicus curiae brief [17 pages in PDF] with the U.S. District Court (NDIll) in Jones Day v. BlockShopper, a trademark case. The brief urges dismissal.

The law firm of Jones Day filed its original complaint on August 12, 2008, and its amended complaint [PDF] on August 28, 2008. It alleged that BlockShopper engaged in trademark infringement and dilution by publishing news articles that hyperlinked to the Jones Day public web site, and that it used the words "Jones Day" to identify "Jones Day".

BlockShopper operates a web site that provides information regarding residential real estate transactions. It states in its web site that it is a "residential real estate news service" for "residents". It covers markets in the Chicago, St. Louis, Las Vegas, and south Florida areas.

Jones Day alleges service mark infringement in violation of 15 U.S.C. §§ 1114 and 15 U.S.C. § 1125(a), false designation of origin in violation of 15 U.S.C. § 1125(a), service mark dilution in violation of 15 U.S.C. § 1125(c), unfair business practices under the Illinois Uniform Deceptive Trade Practices Act, and common law infringement and unfair competition under Illinois state law.

The complaint alleges that BlockShopper's use of the Jones Day mark "is likely to deceive and cause confusion and mistake among customers as to the source or origin of the services provided or offered for sale by Defendants and the affiliation of Jones Day with those services and/or the sponsorship or endorsement of those services by Jones Day."

The complaint does not allege that any statements published by BlockShopper are false. Nor does does it plead defamation. Nor does it plead any cause of action in the nature of invasion of privacy.

The complaint comes closer to stating a claim for copyright infringement. It alleges that the BlockShopper web site published "photographs of at least two Jones Day associates" and that these "are identical to the photographs which appear on the Jones Day web site". However, the complaint does not allege that Jones Day owns copyrights in these photographs. Nor does it plead infringement of any of the exclusive rights of copyright under 17 U.S.C. § 106.

To prevail on its claim for infringement under Section 1114, Jones Day must show that the use is "likely to cause confusion".

First, hyperlinking to other web sites is widespread, and is not understood to connote sponsorship or affiliation.

Second, use of the name of a business to identify it in a news article serves to identify the business, but does not cause confusion as to the source or sponsorship of the news story.

Hence, Jones Day cannot show likelihood of confusion.

To prevail on its false designation of origin under Section 1125(a), Jones Day must show that the use is "likely to cause confusion, or to cause mistake, or to deceive ..."

Jones Day's assertion that there is a likelihood of confusion, mistake or deceipt under this claim is also meritless.

To prevail on its claim of dilution under Section 1125(c), Jones Day must have a "famous" mark, which is defined as "widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark's owner". But, Jones Day will not be able to show that the "general consuming public" is familiar with Jones Day.

Moreover, Section 1125(c), which the 109th Congress revised, contains two exemptions that apply to BlockShopper's use.

In 2006 the Congress passed, and the President signed, HR 683, the "Trademark Dilution Revision Act of 2006".

Section 1125(c) now provides that "The following shall not be actionable as dilution by blurring or dilution by tarnishment under this subsection: (A) Any fair use ... including use in connection with ... identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner. (B) All forms of news reporting and news commentary."

BlockShopper is protected both by the fair use and the news reporting exemptions.

For a summary of this trademark dilution bill, see story titled "Senate Approves Trademark Dilution Revision Act" in TLJ Daily E-Mail Alert No. 1,327, March 10, 2006. This bill was a reaction to the Supreme Court's March 4, 2003 opinion [21 pages in PDF] in Moseley v. V Secret. See, story titled "Supreme Court Rules in Trademark Dilution Case" in TLJ Daily E-Mail Alert No. 618, March 6, 2003.

Public Citizen argues in its amicus brief that Jones Day "is abusing a trademark to suppress legitimate, non-infringing speech, with potentially significant implications for other online speakers."

It continues that "The Internet offers unprecedented opportunities for speakers and audiences to find each other and exchange valuable information about products, research, viewpoints, and other important topics. That exchange cannot happen if trademark holders can prevent others from using their marks, accurately, in the ordinary course of communication, to refer to the holders themselves. But that is precisely what Jones Day seeks to do here. Its effort must fail."

Public Citizen also argues that "A large law firm with overwhelming resources seeks to use trademark law to prevent a small real estate news site from conveying accurate information about the firm and its associates. If Jones Day’s trademark theory were correct, no news site or blog could use marks to identify markholders, or links to point to further information about the markholders, without risking a lawsuit. But Jones Day is wrong. The use in question is clearly a fair use protected by the First Amendment and by the Lanham Act."

Jones Day is a huge law firm with many attorneys with considerable expertise in trademark litigation. Trademark litigation can be protracted and expensive. Skilled trademark lawyers can further raise the costs of trademark litigation to impose further burdens on thinly financed businesses. Small businesses such as BlockShopper possess substantially less litigation resources for defending such claims.

Hence, while the complaint appears on its face to fail to state a claim upon which relief can be granted, Jones Day may be relying on its expectation that its superior litigation resources will intimidate defendants such as BlockShopper to forego meritorious defenses.

This case has recently captured the attention of some bloggers and reporters.

The parties to this amicus brief are Public Citizen, Electronic Frontier Foundation (EFF), Public Knowledge, and the Citizen Media Law Project.

This case is Jones Day v. BlockShopper LLC, Brian Timpone, and Edward Weinhaus, U.S. District Court for the Northern District of Illinois, Eastern Division, D.C. No. 08CV4572, Judge John Darrah presiding.

9/19. The U.S. Court of Appeals (FedCir) issued its opinion [40 pages in PDF]  CSIRO v. Buffalo Technology, a patent infringement case involving wireless local area networks (WLANs).

The CSIRO, Australia's national science agency, filed a complaint in U.S. District Court (EDTex) against Buffalo alleging infringement of its U.S. Patent No. 5,487,069.

The District Court granted summary judgment to CSIRO on the issues of validity and infringement, and then entered a permanent injunction against Buffalo. This appeal followed. The Court of Appeals largely affirmed the judgment of the District Court.

It wrote that "With respect to the issue of validity, we uphold the court’s entry of summary judgment that the ’069 patent was not anticipated. We also uphold the district court's entry of summary judgment that the ’069 patent was not invalid because of the addition of new matter to the application or because the asserted claims lacked a sufficient written description in the original specification."

"With respect to the issue of obviousness, however, we conclude that the district court erred by entering summary judgment against Buffalo because we hold that there was a disputed issue of material fact as to whether the prior art references that were before the district court were combinable in a manner that would have rendered the asserted claims of the ’069 patent obvious." Hence, it vacated the summary judgment on this issue.

This case is Commonwealth Scientific and Industrial Research Organisation v. Buffalo Technology (USA) Inc. and Buffalo, Inc., App. Ct. No. 2007-1449, an appeal from the U.S. District Court for the Eastern District of Texas, D.C. No. 2:05-CV-53, Judge Leonard Davis presiding. Judge Bryson wrote the opinion of the Court of Appeals, in which Judge Rader joined. Judge Lourie wrote a concurring opinion.

9/10. Sen. Max Baucus (D-MT) and Sen. Orrin Hatch (R-UT) introduced S 3464 [LOC | WW], the "International Intellectual Property Protection and Enforcement Act of 2008".

The bill would amend the Trade Act of 1974 to increase government efforts to protect intellectual property rights (IPR) abroad. It was referred to the Senate Finance Committee. Sen. Baucus is the Chairman. Sen. Hatch is a senior member.

Bill Summary. This bill would provide that "the President shall ensure that an intellectual property attache with the title of Minister-Counselor is placed in the United States embassy of each foreign country with which the President determines the United States has a commercially significant relationship."

This bill would also add a new subsection to Section 182 of the Trade Act of 1974 regarding "Special Rules for Foreign Countries on the Priority Watch List".

It would require the Office of the U.S. Trade Representative (OUSTR) to develop an "action plan" with "benchmarks" for countries that it places on the priority watch list (PWL).

This "action plan" must list the legislative, enforcement, or other actions that the PWL country must take in order to achieve adequate and effective protection of IPR.

If the PWL country "has not substantially complied with the benchmarks" within one year, then the President could take certain enumerated actions, such as suspending, restricting, or prohibiting new or renewed procurement by the U.S. government of goods or services from that PWL country.

This bill would then authorize appropriations for the OUSTR "to provide assistance to any developing country to which an action plan applies under" this bill, "to facilitate the efforts of the developing country to comply with the benchmarks contained in the action plan."

It adds that "Such assistance may include capacity building, activities designed to increase awareness of intellectual property rights, and training for officials responsible for enforcing intellectual property rights in the developing country."

Sen. Hatch stated in the Senate that "America's ingenuity continues to fuel our economy, and it is imperative that we protect new ideas and investments in innovation and creativity. Make no mistake about it: piracy and counterfeiting are the new face of economic crime around the world, far exceeding traditional property crimes."

He said that S 3464 "will serve as an important bridge in the battle to protect U.S. intellectual property rights overseas. With the rising tide of piracy and counterfeiting abroad, it is vital that we provide those working on the front lines with the tools they need to ensure that our nation's IP rights are lawfully respected by foreign countries."

Support from IP Industries. This bill is supported by IP industries whose products are pirated abroad.

Eric Smith of the International Intellectual Property Alliance (IIPA) wrote in a statement that "These amendments would give the U.S. government additional and stronger trade tools to ensure that U.S. copyrighted works (and other intellectual property) receive adequate protection, and adequate market access, in these countries." (Parentheses in original.)

He predicted that this bill would "significantly enhance the ability of USTR to persuade our trading partners that U.S. intellectual property products must be protected."

David Israelite, head of the National Music Publishers Association (NMPA), wrote in a statement that "Songwriters and music publishers welcome introduction" of this bill. He wrote that "This is a forward-looking plan that recognizes America's future economic strength and growth depend on global respect for intellectual property rights. The legislation provides much-needed authority and resources for the U.S. Trade Representative to act on behalf of American intellectual property rights, to the benefit of American workers."

The Motion Picture Association of America (MPAA) wrote in a release that this bill "would give the U.S. government additional and stronger trade tools to ensure that U.S. copyrighted works receive adequate protection in foreign markets."

The MPAA added that the bill "will significantly enhance the ability of USTR to persuade U.S. trading partners that U.S. intellectual property rights must be protected."

Michael Gallagher, head of the Entertainment Software Association (ESA), stated in a release that "This is smart legislation that goes to the heart of many of our international piracy problems. It provides a path forward for countries to work their way off of the Priority Watch List, while developing more effective ways to also protect products of their own artists' and industries' creation. High piracy in export markets adversely impacts sales and removes incentives for further market expansion."

Neil Turkewitz, of the Recording Industry Association of America (RIAA), stated in a release that "it is critical to establish greater accountability for all nations to meet their international obligations to protect intellectual property."

Billy Tauzin, head of the Pharmaceutical Research and Manufacturers of America (PhRMA) wrote in a statement that "America's pharmaceutical research and biotechnology companies lead the world in investing in new biopharmaceutical research and development -- investing nearly $59 billion in 2007 alone."

He also wrote that passage of this bill would help the U.S. "remain the global engine of technological and medical innovation as well as strengthen the economic and personal health of every American."

9/19. The International Expert Group on Biotechnology, Innovation and Intellectual Property, a group of mostly Canadian academics, released a paper [44 pages in PDF] titled "Toward a New Era of Intellectual Property: From Confrontation to Negotiation".

This paper argues that for biotechnology the current intellectual property (IP) system is based on "faulty assumptions", is inadequate and flawed, and is on the wane. This paper argues that there is a lack of trust and a failure to communicate, and that something must be done about this, to create a new era.

It advocates that "trust builders" be created and funded by government and IP holders. These "trust builders" would "mediate disputes" between IP holders and others.

The paper also advocates government subsidies for "novel and sustainable business models" for the "dissemination of low- and middle-income technologies".

It also advocates government subsidies for "non-industry organisations to engage indigenous communities at a grass-roots level in training related to a host of issues around access and benefit sharing agreements, contracting and intellectual property."

This paper contains recommendations that there be more dialogue, more working together, more workshops, more training programs, more education, more research, more data and searchable databases, and more media coverage. And, it contains numerous recommendations for more government spending.

9/22. The Office of the U.S. Trade Representative (OUSTR) published a notice in the Federal Register requesting public comments regarding the request of the U.S., Japan, and Taiwan to the World Trade Organization (WTO) for the establishment of a dispute settlement panel regarding European Union tariff treatment of set-top boxes with a communication function, flat panel displays, and certain multifunctional digital machines. The deadline for comments is October 24, 2008. See, Federal Register, September 22, 2008, Vol. 73, No. 184, at Pages 54640-54642.

9/22. The U.S. Court of Appeals (FedCir) issued its en banc opinion [33 pages in PDF] in Egyption Goddess v. Swisa, a case regarding the appropriate legal standard to be used in assessing claims of design patent infringement. This case is Egyptian Goddess, Inc. and Adi Torkiya v. Swisa, Inc. and Dror Swisa, U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2006-1562, an appeal from the U.S. District Court for the Northern District of Texas, D.C. No. 3:03-CV-0594, Judge David Godbey presiding.

9/22. The U.S. Court of Appeals (FedCir) issued its opinion [14 pages in PDF] in Aristocrat Technologies v. IGT, a patent infringement case. The Court of Appeals held that improper revival by the U.S. Patent and Trademark Office (USPTO) is not a cognizable defense in an action involving the validity or infringement of a patent. Hence, it reversed the judgment of the District Court, and remanded. This case is Aristocrat Technologies Australia Pty Limited and Aristocrat Technologies, Inc. v. International Game Technology and IGT, U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2008-1016, an appeal from the U.S. District Court for the Northern District of California, D.C. No. 06-CV-3717, Judge Martin Jenkins presiding.

9/22. The Progress & Freedom Foundation (PFF) released a paper [6 pages in PDF] titled "S. 3325: A Stitch in Time Can Save Billions". The author is the PFF's Thomas Sydnor. The Senate Judiciary Committee (SJC) amended and approved S 3325 [LOC | WW], the "Enforcement of Intellectual Property Rights Act", on September 11, 2008. See, story titled "Senate Judiciary Committee Approves IP Enforcement Bill" in TLJ Daily E-Mail Alert No. 1,824, September 12, 2008. Sydnor argues that "some Senators or staff are reportedly concerned that ERIPA is not ``revenue neutral.´´ ERIPA is not an appropriations bill, so it would not increase federal spending. But it would authorize $57 million in annual spending on specified programs to improve the efficacy of state, federal, and international law-enforcement efforts." Sydnor argues that the bill would be "revenue enhancing" because it would reduce piracy, which would increase corporate earnings and employment, thereby boosting tax revenues.

9/19. The U.S. Court of Appeals (FedCir) issued its opinion [25 pages in PDF] in Broadcom v. ITC, a petition for review of an exclusion order of the International Trade Commission (ITC) under Section 337 regarding chipsets for communications networks imported by Qualcomm. The Court of Appeals affirmed the ITC's noninfringement determination as one patent, vacated the noninfringement determination as to another, in part, and remanded for further proceedings. This case if Broadcom Corporation v. International Trade Commission and Qualcomm, Inc., U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2007-1164.

9/22. Annette Nazareth joined the Washington DC office of the law firm of Davis Polk & Wardell (DPW). She was previously a Commissioner of the Securities and Exchange Commission (SEC). See, DPW release.

9/22. The National Science Foundation (NSF) published a notice in the Federal Register that announces membership on the NSF's Senior Executive Service Performance Review Board: Deborah Crawford (Deputy Assistant Director for Computer and Information Science and Engineering), Kathie Olsen, Anthony Arnolie, Richard Behnke, Penelope Firth, Deborah Lockhart, and Martha Rubenstein. See, Federal Register, September 22, 2008, Vol. 73, No. 184, at Page 54634.

9/19. The Department of Homeland Security (DHS) published a notice in the Federal Register that announces membership on the DHS's Senior Executive Service Performance Review Boards. See, Federal Register, September 19, 2008, Vol. 73, No. 183, at Pages 54413-54414.

9/19. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-70 Rev. 1 [66 pages in PDF] titled "National Checklist Program for IT Products -- Guidelines for Checklist Users and Developers". The deadline to submit comments is October 31, 2008.

9/18. The Department of Justice (DOJ), Microsoft, and state plaintiffs filed with the U.S. District Court (DC) another in a series of pleadings [18 pages in PDF] titled "Joint Status Report on Microsoft's Compliance with the Final Judgments". This case is U.S. v. Microsoft, D.C. No. 98-1232 (CKK). There will be a status conference on September 25, 2008, at 10:30 AM.

9/18. The National Telecommunications and Information Administration (NTIA) accelerated the deadline to submit (NTIA) applications for membership on the NTIA's Commerce Spectrum Management Advisory Committee (CSMAC). First, the NTIA published its original notice in the Federal Register, August 1, 2008, Vol. 73, No. 149, at Pages 44972-44973, setting a deadline of September 2, 2008. Second, the NTIA published a second notice in the Federal Register, September 10, 2008, Vol. 73, No. 176, at Pages 52646-52647, extending the deadline to October 17, 2008. And now, the NTIA has published a third notice in the Federal Register, September 18, 2008, Vol. 73, No. 182, at Page 54139, moving the deadline up to September 26, 2008.

9/12. Department of Justice (DOJ) officials held a news conference regarding the DOJ's proposed guidelines pertaining to the collection of foreign intelligence. See, transcript.

The House will meet at 10:30 AM for morning hour, and at 12:00 NOON for legislative business. The House will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for week of September 22, and schedule for September 22.

The Senate will meet at 3:00 PM.

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.

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 under suspension of the rules. See, Rep. Hoyer's schedule for week of September 22.

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.

10:00 AM. The House Commerce Committee (HCC) will meet to mark up several bills, including HR 3402 [LOC | WW], the "Calling Card Consumer Protection Act". The HCC will webcast this event. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Banking Committee will hold a hearing titled "Turmoil in US Credit Markets: Recent Actions Regarding Government Sponsored Entities, Investment Banks and Other Financial Institutions". The witnesses will include Henry Paulson (Secretary of the Treasury), Ben Bernanke (Chairman of the Federal Reserve Board), Chris Cox (Chairman of the Securities and Exchange Commission), and James Lockhart (Director of the Federal Housing Finance Authority). See, notice. Location: Room 538, Dirksen Building.

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.

2:15 PM. The Senate Foreign Relations Committee will hold a business meeting. The agenda includes consideration of three amendments to the ITU Convention and Constitution (Treaty Docs. 108-5, 109-11, and 110-16), and consideration of the nominations of Clifford May and Dennis Mulhaupt to be members of the Broadcasting Board of Governors. See, notice. Location: Room S-116, Capitol Building.

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.

3:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing on judicial nominations: Anthony Trenga (to be a Judge of the U.S. District Court for the Eastern District of Virginia), Darnell Jones (U.S.D.C., Eastern District of Pennsylvania), Mitchell Goldberg (U.S.D.C., E.D.Penn.), Joel Slomsky (U.S.D.C., E.D.Penn.) Eric Melgren (U.S.D.C., Kansas). Location?

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.

The House will meet at 10:00 AM for legislative business. The House will consider numerous non-technology related items under suspension of the rules. See, Rep. Hoyer's schedule for week of September 22.

9:00 AM. The U.S. District Court (DC) will hold the third day of trial in US v. Stevens, D.C. No. 08-cr-0231. Open statements may be delivered. Judge Emmet Sullivan will preside. Location: Courtroom 24A, 333 Constitution Ave., NW.

9:00 AM - 12:30 PM. The American Enterprise Institute (AEI) will host an event titled "Beyond the Zero-Sum Game: Technology Transfer and International Security in the Twenty-First Century". See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

12:00 NOON - 2:00 PM. The Copyright Alliance (CA) will host an event titled "EXPOnential". Sen. Patrick Leahy (D-VT) is scheduled to speak at 12:30 PM. The CA states that "Singing and songwriting legends will join representatives from copyright industries ranging from photography to motion pictures to software". There will be booths and exhibitions. Lunch will be served. The CA requests that reporters RSVP to Gayle Osterberg at gayle at 133publicaffairs dot com or 202-669-0689, and that others RSVP to Lucinda Dugger at LDugger at copyrightalliance dot org. Location: Russell Caucus Room, Russell Building, Capitol Hill.

12:00 NOON - 2:00 PM. The American Constitution Society (ACS) will host a panel discussion titled "2008-2009 ACS Supreme Court Preview". For more information, contact Daniel Schuman of Jeremy Leaming at 202-393-6181. Location: National Press Club, 13th floor, 529 14th St., NW.

12:15 - 2:00 PM. The DC Bar Association will host a brown bag lunch titled "Antitrust Issues and the Presidential Campaign: A Debate Between McCain and Obama Supporters". The speakers will be James Rill (Howrey), William Kolasky (Wilmer Hale), and Don Resnikoff (District of Columbia). The price to attend ranges from $10 to $15. For more information, contact 202-626-3463. See, notice. Location: Jacob Burns Moot Court Room, George Washington University, 2000 H St., NW.

TIME CHANGE. 11:00 AM - 5:00 PM. The U.S.-China Economic and Security Review Commission will hold a public meeting to work on its 2008 Annual Report to Congress. See, notice in the Federal Register, July 29, 2008, Vol. 73, No. 146, at Pages 43978-43979, and notice in the Federal Register, September 18, 2008, Vol. 73, No. 182, at Page 54205. Location: Conference Room 333, Hall of the States, 444 North Capitol St., NW.

2:00 PM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on Information Policy, Census, and National Archiveswill hold a hearing titled "How Information Policy Affects Competitive Viability in Minority Contracting". Location: Room 2154, Rayburn Building.

2:30 PM. The House Financial Services Committee (HFSC) will hold a hearing titled "The Future of Financial Services: Exploring Solutions for the Market Crisis". The witness will include Henry Paulson (Secretary of the Treasury) and Ben Bernanke (Chairman of the Federal Reserve Board). See, notice. Location: Room 2128, Rayburn Building.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its second draft of NIST SP 800-116 [70 pages in PDF] titled "A Recommendation for the Use of PIV Credentials in Physical Access Control Systems (PACS)".

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Media Bureau in response to the PPM Coalition's (PPMC) September 2, 2008, filing titled "Emergency Petition for Section 403 Inquiry." This petition asks the FCC to open an inquiry into Arbitron's use of Portable People Meters (PPM). This item is DA 08-2048 in MB Docket No. 08-187.

The House will meet at 10:00 AM for legislative business. The House will consider numerous non-technology related items under suspension of the rules. See, Rep. Hoyer's schedule for week of September 22.

8:30 AM - 12:30 PM. The Information Technology and Innovation Foundation (ITIF) and Silicon Flatirons (SF) will host a half day conference titled "Innovation Economics for the Next Administration". See, notice. Location: Newseum, Knight Conference Center Room 706, 555 Pennsylvania Ave., NW (entrance is on 6th Street).

8:30 AM - 3:30 PM. The Technology Policy Institute (TPI) will host an event titled "Powering the Future Key Energy Issues for the Next Administration". At 2:00 PM there will be a panel titled "The Intersection of Telecommunications and Electricity Markets -- New Technologies for Meeting Energy Needs". The speakers for this panel will be Ray Gifford (TPI), Walter Curt (Power Monitors Inc.), and Pat Vincent-Collawn (PNM Resources). See, agenda. For more information, contact Ashley Creel at 202-828-4405. Location: National Press Club.

10:00 AM. The Federal Communications Commission (FCC) may hold an event titled "Open Meeting". See, agenda [PDF]. Location: FCC, Commission Meeting Room.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Broadband Providers and Consumer Privacy". 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 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.

10:00 AM. The House Small Business Committee will hold a hearing titled "Small Business Competition Policy: Are Markets Open for Entrepreneurs?" Location: Room 1539, Longworth Building.

10:00 AM - 4:00 PM. The U.S.-China Economic and Security Review Commission will hold a public meeting to work on its 2008 Annual Report to Congress. See, notice in the Federal Register, July 29, 2008, Vol. 73, No. 146, at Pages 43978-43979, and notice in the Federal Register, September 18, 2008, Vol. 73, No. 182, at Page 54205. Location: Conference Room 231, Hall of the States, 444 North Capitol St., NW.

10:30 AM. The U.S. District Court (DC) will hold a periodic status conference in US v. Microsoft, D.C. No. 98-cv-1232, and the associated states' action, D.C. No. 98-cv-1233. Location: Courtroom 28A, 333 Constitution Ave., NW.

2:00 PM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on Domestic Policy will hold a hearing titled "Tumors and Cell Phone Use: What the Science Says". Location: Room 2154, Rayburn Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding assessment and collection of regulatory fees for Fiscal Year 2008. This item is FCC 08-182 in MD Docket No. 08-65. This FCC adopted this item on on August 1, 2008 and released the text [90 pages in PDF] on August 8, 2008. See, notice in the Federal Register, August 26, 2008, Vol. 73, No. 166, at Pages 50285-50296.

Effective date of the order portion of the Federal Communications Commission's (FCC) Report and Order and Further Notice of Proposed Rulemaking regarding assessment and collection of regulatory fees for Fiscal Year 2008. This item is FCC 08-182 in MD Docket No. 08-65. This FCC adopted this item on on August 1, 2008 and released the text [90 pages in PDF] on August 8, 2008. See, notice in the Federal Register, August 26, 2008, Vol. 73, No. 166, at Pages 50285-50296.

Deadline to pay annual fees to the Federal Communications Commission (FCC). See, FCC Public Notice [8 pages in PDF] (DA-08-1973) and Public Notice [2 pages in PDF] (DA-08-1974).

The House may meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for week of September 22.

9:00 AM - 12:00 NOON. The U.S.-China Economic and Security Review Commission will hold a public meeting to work on its 2008 Annual Report to Congress. See, notice in the Federal Register, July 29, 2008, Vol. 73, No. 146, at Pages 43978-43979, and notice in the Federal Register, September 18, 2008, Vol. 73, No. 182, at Page 54205. Location: Conference Room 333, Hall of the States, 444 North Capitol St., NW.

11:45 AM - 1:45 PM. The Free State Foundation (FSF) will host an event titled "Delivering Media Content in a New Technological Environment: An Exploration of Policy Implications". The speakers will be Steven Wildman (Michigan State University) and Robert McDowell (FCC Commissioner). Lunch will be served. Location: National Academy of Public Administration, 7th and I Streets, NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) FCC Enforcement Practice Committee will host a brown bag lunch titled "FCC Enforcement Actions Relating to the DTV Transition". The speakers will be David Solomon (Wilkinson Barker Knauer) and Mitch Stoltz (Constantine Cannon). Location: Akin Gump, 1333 New Hampshire Ave., NW.

Extended deadline to submit to the National Telecommunications and Information Administration (NTIA) 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. See, original notice in the Federal Register, August 1, 2008, Vol. 73, No. 149, at Pages 44972-44973, second notice in the Federal Register, September 10, 2008, Vol. 73, No. 176, at Pages 52646-52647, and third notice in the Federal Register, September 18, 2008, Vol. 73, No. 182, at Page 54139.

9:30 - 11:30 AM. The National Archives and Records Administration's (NARA) Public Interest Declassification Board (PIDB) will meet to "discuss declassification program issues". See, notice in the Federal Register, September 17, 2008, Vol. 73, No. 181, at Page 53905. Location: NARA, Room 105, 700 Pennsylvania Ave., NW.

Rosh Hashana begins at sundown.

The Supreme Court will hold the opening conference of its October 2008 term.

12:00 NOON - 2:00 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "The Millennials: The Dumbest Generation or the Next Great Generation?". The speakers will be Mark Bauerlein, author of the book titled "The Dumbest Generation: How the Digital Age Stupefies Young Americans and Threatens Our Future", Neil Howe, and Frederick Hess (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

2:00 - 4:00 PM. The Department of State's (DOS) Advisory Committee on International Economic Policy will hold a meeting titled "Policies, Programs and Total Economic Engagement with China". See, notice in the Federal Register, September 15, 2008, Vol. 73, No. 179, at Page 53317. Location: DOS, Room 1107, 2201 C St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding telecommunications relay services and speech to speech services for individuals with hearing and speech disabilities, and speech to speech services and internet protocol speech to speech telecommunications relay service. The FCC adopted this NPRM on June 11, 2008, and released the text [19 pages in PDF] on June 24, 2008. It is FCC 08-149 in CG Docket Nos. 03-123 and 08-15. See, notice in the Federal Register, August 13, 2008, Vol. 73, No. 157, at Pages 47120-47122.

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