9/22. The Office of the U.S. Trade Representative (OUSTR) announced in a release that trade officials of the U.S., Brunei, Chile, New Zealand, and Singapore met on September 22, 2008, for a "launch of negotiations" for the U.S. to become a party to the Trans-Pacific Strategic Economic Partnership Agreement.

This agreement was concluded by Brunei, Chile, New Zealand, and Singapore in 2005. It went into effect in 2006.

The OUSTR stated that "In their discussions, the Ministers emphasized the importance of the Trans-Pacific Partnership Agreement as a vehicle for Trans-Pacific-wide economic integration."

USTR Susan Schwab (at right) stated in another release that the US "is pleased to stand with this group of like-minded countries, whose vision for trade liberalization and Trans-Pacific economic integration we share. We are particularly interested in this high-standard agreement potentially serving as a vehicle for advancing trade and investment liberalization and integration across the Trans-Pacific region and perhaps beyond. Ultimately, the objective is to expand the membership of the Agreement to other nations that share our vision of free and fair trade."

This is a long and detailed agreement that sets high standards in many areas and provides for enforcement.

There is a short section on intellectual property (IP), at Chapter 10. In it, "The Parties affirm their existing rights and obligations with respect to each other under the TRIPS Agreement and any other multilateral agreement relating to intellectual property to which they are party."

The IP section agreement does not contain many of the types of provisions sought by U.S. copyright industries in trade agreements.

In contrast, it provides that the nations that are parties may "provide for the international exhaustion of intellectual property rights" and "establish provisions to facilitate the exercise of permitted acts where technological measures have been applied".

It does not elaborate on exhaustion, but some understand this to encompass the first sale doctrine, and limitations upon the ability of copyright holders to negotiate restrictions on use in contracts or licenses.

The agreement also provides, with respect to music reproduction and performance rights, that the parties are permitted to "devise new exceptions and limitations that are appropriate in the digital environment".

Also, the U.S. wine industry may take notice of the agreement's provisions regarding geographical indications for wines and spirits.

The agreement contains a chapter on competition law and enforcement.

It also addresses "trade in services" (Chapter 12), which includes "the access to and use of distribution, transport, or telecommunications networks and services in connection with the supply of a service". However, there is little substantive content affecting telecommunications and the internet.

Similarly, there is no chapter on electronic commerce. Although, there are numerous provisions regarding the use of electronic communications in government processes.

9/16. The Office of the U.S. Trade Representative (OUSTR) announced that representatives of the US and the People's Republic of China convened the 19th U.S. -- China Joint Commission on Commerce and Trade (JCCT) in Yorba Linda, California.

The OUSTR issued a release [PDF] regarding the meeting. It addresses several technology related issues.

This release states that "China announced that it will delay publication of final rules on information security certification that would have potentially barred several types of U.S. products from China's market, pending further mutual discussion of issues related to information security."

This release states that the US "notes China's announcement to reduce basic telecom services minimum capitalization levels. However, the new capitalization requirements (1 billion RMB or US $146 million) are still far higher than international norms, and the United States will continue to urge China to consider further reductions." (Parentheses in original.)

This release states that "China clarified that its formal and informal policies related to software purchases by all Chinese private and state-owned enterprises will be based solely on market terms without government direction."

This OUSTR release also addresses intellectual property rights (IPR) issues. It states that "China and the United States agreed to sign two IPR memoranda of understanding (MOUs) on strategic cooperation to improve the administration and effectiveness of copyright and trademark protection and enforcement, as soon as possible but no later than the end of 2008."

It also contains several commitments regarding future "dialogue", "cooperation", cooperative activities", "meetings", and "cooperative meetings". However, the OUSTR release announces no new IPR agreements or actions.

9/22. The Office of the U.S. Trade Representative (OUSTR) held a meeting regarding the ongoing negotiation of an Anti-Counterfeiting Trade Agreement (ACTA).

See also, story titled "OUSTR to Hold Meeting on Anti-Counterfeiting Trade Agreement" in TLJ Daily E-Mail Alert No. 1,828, September 19, 2008.

The OUSTR has not released any drafts of the ACTA. Some groups have criticized the OUSTR and/or the trade agreement negotiation process about this. See for example, September 15, 2008, letter signed by numerous groups.

The Public Knowledge and Electronic Frontier Foundation have filed a complaint [PDF] against the OUSTR in U.S. District Court (DC) under the Freedom of Information Act seeking records related to this ACTA.

Jim Burger, of the law firm of Dow Lohnes, attended the meeting. He stated to TLJ that the OUSTR cannot by law release these draft agreements. Hence, he said, "everyone was speaking in the abstract" at the September 22 meeting.

Intel, which is represented by Burger, and other technology companies and groups, submitted a comment [PDF] to the OUSTR last week.

Burger added that the decisions of the Supreme Court in Sony and Grokster are important.

See, June 27, 2005, opinion [55 pages in PDF] in MGM v. Grokster, 545 U.S. 913, and story titled "Supreme Court Rules in MGM v. Grokster" in TLJ Daily E-Mail Alert No. 1,163, June 28, 2005. See also, opinion in Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984).

He said that "the limitations on secondary liability contained in the Sony and Grokster decisions are important and should be included in any ACTA provision that imposes secondary liability."

Eric Smith, of the International Intellectual Property Alliance (IIPA), wrote in a September 22, 2008, statement that "The TRIPS enforcement standards were essentially agreed to in 1990, over 18 years ago. Given the vast changes that have occurred since then, the purpose of the ACTA must be to clarify those standards, enhance them to take account of changes in technologies and new ways that commercial pirates have developed for infringing intellectual property rights, and take new steps to ensure that countries provide the kind of effective and deterrent enforcement practices that TRIPS envisions."

He added that "The IPR chapters of the free trade agreements concluded by the U.S. with a number of our trading partners contain standards of enforcement that are adapted to fighting piracy and counterfeiting as we now know it, particularly in the online environment. The ACTA should follow along these same lines."

Smith also submitted comments [8 pages in PDF] to the OUSTR on March 21, 2008, that focused on harm to copyright industries by piracy. Those comments also argued that "it is critical that the ACTA enhance international norms and strengthen standards for the enforcement of intellectual property rights."

"The WTO TRIPS Agreement already sets out the minimum level of enforcement standards. While many countries may have laws in place, those laws are not effectively enforced in practice", wrote Smith.

Patrick Ross, head of the Copyright Alliance (CA), wrote in his testimony that "This debate has nothing to do with checking iPods at the border. This has to do with vast criminal operations around the globe taking the cultural output of U.S. workers and duplicating it for sale at the expense of our workers and our economy. It is not only appropriate, it is imperative that the nations participating in the Anti-Counterfeiting Trade Agreement proceedings coordinate their law enforcement efforts and find new ways to enforce existing laws on intellectual property infringement."

9/19. The Computer and Communications Industry Association (CCIA) released a paper [5 pages in PDF] titled "Internet Protectionism? How Foreign Courts Have Applied Domestic Law to the Disadvantage of U.S. Internet and E-commerce Companies".

This paper argues that as U.S. internet and e-commerce businesses expand into overseas markets, "American companies find their progress stymied by foreign law. Foreign states presently apply domestic laws such that they function in a protectionist manner, obstructing U.S. Internet businesses' access to markets."

It adds that "Until the U.S. government encourages our trading partners to harmonize their Internet laws with our own, foreign states will continue to interpret domestic laws to impose unfair liability on U.S. Internet businesses operating in these overseas markets."

It asserts that "these legal disparities could dissolve the early lead that U.S. companies have established in online trade and cause irrevocable harm to U.S. trade interests".

The paper is based largely on two trial court opinions, in a copyright infringement case against Google in Belgium, and in a trademark case against eBay in France.

The CCIA argues that other nations should impose limitations on liability for ISPs for the actions of others, such as those found in 47 U.S.C. § 230 and 17 U.S.C. § 512.

It elaborates that other nations should recognize a fair use exemption to copyright infringement in the context of search engines that "give a sample sentence for text searches, and a thumbnail version of a picture for image searches". 17 U.S.C. § 107 does not expressly address search engines. However, the May 27, 2007, opinion [48 pages in PDF] of the U.S. Court of Appeals (9thCir) in Perfect 10 v. Amazon, 487 F.3d 701, does.

This paper singles out a February 15, 2007, opinion [PDF] of the Court of First Instance in Brussels, Belgium, which held that Google infringed copyrights of Copiepresse under Belgian law. See also, Google release of September 25, 2006, and release of February 13, 2007.

This paper also argues that other nations should, like the U.S., permit the use of a "trademark without the mark-holder's authorization when it is necessary to describe the goods, or for comparative advertising". Internet auction companies, such as eBay, enable secondary markets for goods with trademarked names. This paper argues that "Without this exception, Internet companies are vulnerable to attacks by rights-holders who wish to use trademark to obtain complete control over all sales of their goods."

It references an opinion of a French court that "recently used French trademark law to find eBay liable for the actions of all counterfeiters who use its service. The court concluded that it had jurisdiction over all sales through eBay, even those taking place in other countries, because the plaintiff was a French company and all eBay’s websites are visible by the French public."

The CCIA paper adds that "the court broadly prohibited any reference to certain trademarks on eBay websites, even for purposes of comparative advertising. Worse still, the French court imposed liability on eBay for sales of legitimate goods sold without the approval of the mark-holder, and fined the company over $60 million."

The CCIA complains that the Office of the U.S. Trade Representative (OUSTR) "is not effectively confronting laws that penalize U.S. Internet and e-commerce companies. Rather, it is rewarding the same European states noted above by engaging them in an effort to negotiate a free trade agreement on IP issues -- the Anti-Counterfeiting Trade Agreement (ACTA)."

It concludes that "Instead of courting governments with trade agreements when their courts unfairly punish U.S. businesses, USTR should insist that negotiating partners commit to extending common sense protections to Internet companies as a pre-requisite to negotiations."

This paper effectively articulates policy arguments against the decisions of the Belgian and French courts. However, its characterization of trade "protectionism" may be overstated. The French court decision tends to protect producers of luxury goods from internet based secondary markets, rather than to protect French auction web sites from U.S. auction web sites. The Belgian court decision tends to protect copyright holders from search engines, rather than to protect Belgian search engines from U.S. search engines.

9/16. The Cato Institute released a paper [16 pages in PDF] titled "Trade, Protectionism, and the U.S. Economy: Examining the Evidence". The author is the Cato's Robert Krol.

This paper argues that "A movement away from the relatively open global trading system that is currently in place would impose significant economic costs on the United States and the rest of the world."

It elaborates that "International trade raises a country’s standard of living. Lower prices on imported products and greater product variety enhance consumer well-being. Specialization based on comparative advantage and increased competition from foreign businesses improves production efficiency, raising GDP. Firms also get access to foreign capital goods that often contain new technologies, further improving productivity."

This paper also argues that the increase in wages of skilled workers relative to unskilled workers, and job displacement, are primarily the results of information technology, not trade.

9/22. Circuit City announced in a release that Philip Schoonover, "chairman, president and chief executive officer, has agreed to step down from those positions, effective immediately. Schoonover has also resigned as a director of the company." The Board of Directors named James Marcum acting P/CEO.

9/23. The U.S. District Court (SDFl) sentenced Christian Sapsizian, a former Alcatel executive, to serve three years of supervised release, and pay $261,700 in fines. He previously pled guilty to violation of the Foreign Corrupt Practices Act (FCPA) in connection with his involvement in paying $2.5 Million in bribes to a board director for Instituto Costarricense de Electricidad (ICE), the state run telecommunications authority in the nation of Costa Rica, to obtain a telecommunications contract on behalf of Alcatel. A Department of Justice (DOJ) release characterizes the fines as forfeiture and special assessment payments. See also, the DOJ's FCPA web section.

9/22. Christopher Scott pled guilty in U.S. District Court (DMass) to conspiracy, unauthorized access to computer systems, access device fraud and identity theft in connection with his "conspiring to electronically break into corporate computer networks, download customers' credit and debit card information, and fraudulently use and sell that information". See, Department of Justice (DOJ) release [PDF]. Scott and others accessed the computer networks of large retailers by wardriving. The DOJ elaborated that this involved "scanning the airwaves in shopping strips in Miami from their cars looking for potentially vulnerable wireless access points. When they found one, they would park in adjacent lots or sit in nearby loaned or rented rooms with laptop computers until they were able to compromise the perimeter of the retailer’s computer network. Once inside, they would search the network for credit and debit card information, either in storage or travelling across the network in an unencrypted state".

9/19. The U.S. District Court (EDVa) sentenced Barry E. Gitarts to serve 18 months in prison, following his conviction on May 22, 2008, for conspiracy to commit criminal copyright infringement. The Department of Justice (DOJ) stated in a release that "Gitarts was a significant member of the Internet music piracy group Apocalypse Production Crew (APC)" who "administered a computer server located in Texas that APC group members used to upload and download hundreds of thousands of copies of pirated music, movies, software and video games".

9/17. The Federal Communications Commission (FCC) published a notice in the Federal Register that announces that it has suspended Joseph E. Mello from participation in its e-rate tax and subsidy program. See, Federal Register, September 17, 2008, Vol. 73, No. 181, at Pages 53868-53870.

9/16. The U.S. District Court (DMont) unsealed an indictment returned by the grand jury on August 20, 2008, that charges Barry Goldman with three counts of using the mails to deliver DVDs containing obscene films. See, Department of Justice (DOJ) release.

9/15. Anne Lockwood and Fuping Liu entered pleas of guilty in the U.S. District Court (EDMich) to conspiracy to steal confidential and proprietary information belonging to their former employer, Metaldyne Corporation. Michael Haehnel, also a former Metaldyne employee, entered a plea of guilty to one misdemeanor count of unlawfully accessing stored electronic records. The Department of Justice (DOJ) stated in a release that the three stole paper and electronic records of Metaldyne to assist a Chinese competitor. Andrew Arena of the FBI stated in the DOJ release that "Intellectual property right cases are a priority of the FBI's Cyber Crime Program. Individuals who steal industry secrets with the intention to sell for personal gain, will be prosecuted."

9/9. The U.S. District Court (EDVa) sentenced Daniel Dove to serve 18 months in prison for felony copyright infringement and conspiracy. See, Department of Justice (DOJ) release. A trial jury returned a verdict of guilty on July 27, 2008. See, DOJ release. Dove infringed copyrights in movies prior to their public release. The DOJ stated that "Dove was an administrator for EliteTorrents.org, an Internet piracy site that, until May 25, 2005, was a source of infringing copyrighted works, specifically pre-release movies. Elite Torrents used BitTorrent peer-to-peer (P2P) technology to distribute pirated works to thousands of members around the world."

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Tech Law Journal experienced e-mail delivery problems on Tuesday, September 23, 2008, and Wednesday, September 24, 2008. Original versions of the Tuesday issue, TLJ Daily E-Mail Alert No. 1,830, and the Wednesday issue, TLJ Daily E-Mail Alert No. 1,831, contained a URL that resulted in e-mail blocking. Both issues are resent on Thursday, September 25, 2008, without this URL.

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. The House will consider numerous items under suspension of the rules. The agenda includes HR 6353 [LOC | WW], the "Ryan Haight Online Pharmacy Consumer Protection Act of 2008". See, Rep. Hoyer's schedule for week of September 22, and schedule for September 23.

The Senate will meet at 10:00 AM. It will consider HR 6049 [LOC | WW], the "Renewable Energy and Job Creation Act of 2008".

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.

The Senate will meet at 9:30 AM.

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.

9:00 AM - 2:00 PM. The U.S. Patent and Trademark Office (USPTO) will host an event titled "Information Technology Security Expo". There will be both speakers and vendor booths. This event is free and open to the public. Location: USPTO, Madison Building Auditorium, 600 Dulany St., Alexandria, VA.

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.

11:30 AM - 1:00 PM. The Wireless Innovation Alliance (WIA) and the New America Foundation (NAF) will host an event titled "White Space: Broadband for the Future". The speakers will be Larry Page (Google), Marc Berejka (Microsoft), Gary Grube (Motorola), Wally Bowen (Mountain Area Information Network), Mark Lloyd (Leadership Conference of Civil Rights), Michael Calabrese (New America Foundation), Mark McHenry (Shared Spectrum Company), Roger Cochetti (CompTIA), Ben Scott (Free Press) Harold Feld (Media Access Project), Neeraj Srivastava (Dell), Greg Goldman (Wireless Philadelphia), and John Windhausen (Telepoly Consulting for Educause). Refreshments will be served. For more information, contact the NAF at 202-986-2700. Location: Room G50, Dirksen Building, Capitol Hill.

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.

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.

TIME? The Federal Communications Commission (FCC) may hold an event titled "Open Meeting". See, tentative 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.

8:30 AM - 1:00 PM. There will be an event titled "Broadband Census for America Conference". Prices vary. Location: American Association for the Advancement of Science, 1200 New York Ave., NW.

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.

Rosh Hashana.

9:00 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host an event. The speaker will be Gregory Tassey, Senior Economist at the National Institute of Standards and Technology (NIST), and author of the book [Amazon] titled "The Technology Imperative", and the book [Amazon] titled "The Economics of R&D Policy". See, notice. Coffee and parties will be served. Location: ITIF, Suite 200, 1250 Eye St., NW.

Second of three deadlines for the Federal Communications Commission (FCC) and National Telecommunications and Information Administration (NTIA) to comply with the request of Rep. John Dingell (D-MI), Chairman of the House Commerce Committee (HCC), and Rep. Ed Markey (D-MA), Chairman of the HCC's Subcommittee on Telecommunications and the Internet, for a series of three written status reports on whether the FCC and NTIA anticipate that additional funds will be needed for the DTV transition converter box coupon program. See, March 5, 2008, letter [3 pages in PDF].

Deadline for repeat manufacturers of digital to analog converter boxes to submit to the National Telecommunications and Information Administration (NTIA) notices of intent to participate with addition converter boxes in the NTIA's TV Converter Box Coupon Program. See, notice in the Federal Register, July 24, 2008, Vol. 73, No. 143, at Pages 43211-43212.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-37, Revision 1 [81 pages in PDF] titled "Guide for Security Authorization of Federal Information Systems: A Security Lifecycle Approach".

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the CTIA's Petition for Declaratory Ruling [44 pages in PDF] regarding 47 U.S.C. § 332(c)(7)(B), ensuring timely siting review, and preemption under 47 U.S.C. § 253 of state and local ordinances that classify all wireless siting proposals as requiring a variance. This is WT Docket No. 08-165. See, August 14, 2008, Public Notice (DA 08-1913) and notice in the Federal Register, August 29, 2008, Vol. 73, No. 169, at Pages 50972-50973.