10/10. The U.S. Court of Appeals (11thCir) issued its opinion [PDF] in Licciardello v. Lovelady, a case regarding personal jurisdiction over out of district defendants based upon web site activities.

The Court of Appeals held that a District Court in Florida can exercise jurisdiction in a trademark infringement case over a Tennessee resident who is alleged to have used the Florida plaintiff's name and picture in his web site without authorization for commercial purposes.

This opinion provides clarity for the two parties to this action. It allows the action to proceed in Florida. However, the law regarding when internet based activity gives rise to the exercise of personal jurisdiction remains murky.

Carman Licciardello is a resident of the state of Florida. He is a professional musician and entertainer. Rendy Lovelady, who was previously Licciardello's manager, is a resident of of the state Tennessee. Lovelady has no office, agents, employees or property in Florida. He created a web site in Tennessee that promotes himself as a personal manager for music artists. Lovelady has traveled to Florida for music performances.

Licciardello filed a complaint in the U.S. District Court (MDFl) against Lovelady alleging trademark infringement and related claims arising out of Lovelady's alleged unauthorized use of Licciardello's name, photograph, and apparent endorsement of Lovelady in his web site.

Lovelady filed a motion to dismiss for lack of personal jurisdiction, which the District Court granted.

Licciardello brought the present appeal. The Court of Appeals reversed.

First, the Court of Appeals concluded that the Florida long arm statute authorizes jurisdiction over Lovelady, because it authorizes the exercise of jurisdiction in tort actions that cause injury in Florida. It wrote that injury "occurred in Florida by virtue of the website's accessibility in Florida".

Second, the Court of Appeals concluded that the exercise of jurisdiction is not inconsistent with Constitutional due process. It began this analysis with the "minimum contacts" holding in International Shoe v. Washington, 326 U.S. 310 (1945), and its progeny.

The Court of Appeals wrote that "in order to determine whether the due process clause permits the exercise of personal jurisdiction over Lovelady, we must assess whether he has purposefully established such constitutionally significant contact with the state of Florida that he could have reasonably anticipated that he might be sued here in connection with those activities. If so, we must consider whether the forum's interest in this dispute and the plaintiff’s interest in obtaining relief are outweighed by the burden on the defendant of having to defend himself in a Florida court."

The Court of Appeals continued that this is an intentional tort to which the effects test of Calder v. Jones, 456 U.S. 783 (1984), should be applied.

It wrote that the Supreme Court "formulated the Calder test for personal jurisdiction as requiring a tort that was (1) intentional; (2) aimed at the forum state; and (3) caused harm that the defendant should have anticipated would be suffered in the forum state."

The Court of Appeals also cited and followed the April 17, 1998, opinion of the U.S. Court of Appeals (9thCir) in Panavision v. Toeppen, 141 F.3d 1316, which was also a web based trademark infringement case. The Court held in that case that the District Court did have personal jurisdiction over the distant defendant.

However, the Court of Appeals did not cite the 9th Circuit's July 12, 2006, opinion [16 pages in PDF] in Peable Beach v. Caddy, another web based trademark infringement case. The Court of Appeals held in that case that the District Court did not have personal jurisdiction over the distant defendant.

It should be noted too that both Panavision v. Toeppen and Peable Beach v. Caddy involved domain names, while the present case does not. Also, there were requests for payment for domain names in Panavision v. Toeppen, but not in Peable Beach v. Caddy.

For a discussion of Peable Beach v. Caddy, and earlier cases, see story titled "9th Circuit Holds that Operation of Passive Website Is Insufficient to Create Personal Jurisdiction in Trademark Case" in TLJ Daily E-Mail Alert No. 1,409, July 12, 2006.

The Court of Appeals concluded that "Lovelady is alleged to have committed an intentional tort against Carman -- using his trademarked name and his picture on a website accessible in Florida in a manner to imply Carman’s endorsement of Lovelady and his products. The use was not negligent, but intentional. The purpose was to make money from Carman's implied endorsement. The unauthorized use of Carman’s mark, therefore, individually targeted Carman in order to misappropriate his name and reputation for commercial gain. These allegations satisfy the Calder effects test for personal jurisdiction -- the commission of an intentional tort, expressly aimed at a specific individual in the forum whose effects were suffered in the forum. The Constitution is not offended by the exercise of Florida's longarm statute to effect personal jurisdiction over Lovelady because his intentional conduct in his state of residence was calculated to cause injury to Carman in Florida."

The Court of Appeals added in a footnote that "We do not, by our decision today, intend to establish any general rule for personal jurisdiction in the internet context. Our holding, as always, is limited to the facts before us. We hold only that where the internet is used as a vehicle for the deliberate, intentional misappropriation of a specific individual's trademarked name or likeness and that use is aimed at the victim's state of residence, the victim may hale the infringer into that state to obtain redress for the injury."

This opinion, like others, is based upon the application of amorphous phrases such as "minimum contacts", "substantial connection", and "purposely aimed at". These phrases provide only limited guidance to potential litigants, and their attorneys.

Moreover, the Supreme Court has not yet addressed personal jurisdiction over out of state defendants based upon their internet activities.

For some recent cases, see:

• June 26, 2007, opinion [36 pages in PDF] of the U.S. Court of Appeals (2ndCir) in Best Van Lines v. Tim Walker, and story titled "2nd Circuit Addresses Personal Jurisdiction in Web Based Defamation Case" in TLJ Daily E-Mail Alert No. 1,603, June 28, 2007.
• August 22, 2007, opinion [12 pages in PDF] of the U.S. Court of Appeals (3rdCir) in Marten v. Godwin,  and story titled "3rd Circuit Addresses Internet Based Personal Jurisdiction" in TLJ Daily E-Mail Alert No. 1,626, August 22, 2007.
• January 11, 2008, opinion [19 pages in PDF] of the U.S. Court of Appeals (5thCir)  in Stroman Realty v. Wercinski, and stories titled "5th Circuit Rules No Personal Jurisdiction Over Out of State Regulator of Online Commerce" in TLJ Daily E-Mail Alert No. 1,700, January 15, 2008, and "SCUS Denies Cert In Case Regarding Personal Jurisdiction Over State Regulator of Online Commerce" in TLJ Daily E-Mail Alert No. 1,839, October 7, 2008.
• August 20, 2008, opinion [20 pages in PDF] of the U.S. Court of Appeals (9thCir) in Boschetto v. Hansing, and story titled "9th Circuit Holds eBay Sale Does Not Create Personal Jurisdiction Over Out of State Seller" in TLJ Daily E-Mail Alert No. 1,817, August 21, 2008.

The present case is Carman Licciardello v. Rendy Lovedaly, U.S. Court of Appeals for the 11th Circuit, App. Ct. No. 07-14086, an appeal from the U.S. District Court for the Middle District of Florida, D.C. No. 07-00137-CV-ORL-28-KRS. Judge Hill wrote the opinion of the Court of Appeals, in which Judges Birch and Dubina joined.

10/6. The Federal Trade Commission (FTC) filed a civil complaint [20 pages in PDF] in the U.S. District Court (NDIll) against Lance Thomas Atkinson and others alleging the illegal sending spam e-mail. The District Court issued a sweeping ex parte temporary restraining order [25 pages in PDF].

The complaint alleges violation of Section 5 of the Federal Trade Commission Act (FTCA), which is codified at 15 U.S.C. § 45, and violation of the CAN-SPAM Act, which is codified at 15 U.S.C. §§ 7701-7713. It alleges that the defendants sent fraudulent and illegal spam e-mail messages regarding male enhancement products, weight loss products, and replica watches. It also alleges the sale of prescription drugs without prescriptions.

The complaint alleges that the defendants sent commercial e-mail messages with false header information, without providing an opt-out link, and without a physical postal address.

The FTC stated in a release that it has "received more than three million complaints about spam messages connected to this operation, and estimates that it may be responsible for sending billions of illegal spam messages".

The District Court's temporary restraining order (TRO) covers both defendants and their agents, and third parties not alleged to have violated any laws, including any financial institution served with the TRO.

The TRO was obtained without any notice or opportunity to be heard. The TRO has a duration of 15 days.

The TRO includes items which are often the subject of ex parte TROs, including prohibitions on the destruction of evidence and dissipation of assets.

However, the TRO also covers items not necessary to preserve the court's ability to grant effective final relief. For example, it bans the sending of any commercial e-mail without a valid physical address, and an opt out notice.

The TRO requires all defendants to transfer to the U.S. "all assets and all documents located in foreign countries held" by any defendant. The complaint, for example, alleges that Atkinson is a resident of Australia.

The TRO requires that defendants must obtain prior approval from the FTC or District Court to retain counsel to defend against this action.

The TRO contains numerous requirements for the defendants in the nature of expedited discovery. The TRO enumerates numerous disclosure requirements for both defendants and financial institutions.

The TRO also provides for the expedited taking of depositions, and responses to requests for production of documents. Nominally, this applies to all "parties". However, the TRO limits the scope of these expedited procedures to discovery regarding the defendants.

The TRO does not require the FTC to provide any discovery to the defendants.

The TRO prohibits any financial institution, or person who holds any assets of any defendant, from allowing any defendant to withdraw or transfer any funds or assets. It further requires any financial institution or person served with this TRO to provide expedited discovery to the FTC, including original copies of records.

These may be effective measures for shutting down the business operations of persons accused of being illegal spammers. But, this TRO illustrates that persons accused by the FTC of running illegal spamming operations are not afforded due process of law.

10/13. Trevor Potter, General Counsel for the election campaign of Sen. John McCain (R-AZ) and Gov. Sarah Palin (R-AK), sent a letter [PDF] to YouTube regarding its take down of political videos.

The notice and take down provisions of the Copyright Act are codified at 17 U.S.C. § 512(c).

He wrote that "overreaching copyright claims have resulted in the removal of non-infringing campaign videos from YouTube, thus silencing political speech. Numerous times during the course of the campaign, our advertisements or web videos have been the subject of DMCA takedown notices regarding uses that are clearly privileged under the fair use doctrine."

Potter continued that "The uses at issue have been the inclusion of fewer than ten seconds of footage from news broadcasts in campaign ads or videos, as a basis for commentary on the issues presented in the news reports, or on the reports themselves. These are paradigmatic examples of fair use, in which all four of the statutory factors are strongly in our favor: 1) the uses are non-commercial and transformative; 2) they are factual, not fictional; 3) they are extremely brief; and 4) they have no conceivable effect on the market for the allegedly infringed works."

The four fair use criteria, which are codified at 17 U.S.C. § 107, are as follows:

"(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work."

Potter argued that "Despite the complete lack of merit in these copyright claims, YouTube has removed our videos immediately upon receipt of takedown notices. This is both unfortunate and unnecessary."

He suggested that for take down notices regarding videos published in YouTube accounts controlled by political candidates and campaigns, YouTube should "commit to a careful legal review, including fair use analysis, to determine whether the infringement claim has substantial merit".

YouTube's Zahavah Levine sent a letter [PDF] in response on October 14, 2008. This letter states that the copyright "claimant and the uploader, not YouTube, hold all the relevant information" relevant to analyzing complex fair use questions. It adds that "YouTube is merely an intermediary in this exchange, and does not have direct access to this critical information. When two parties disagree, we are simply not in a position to verify the veracity of either party's claims."

YouTube also stated that "You can file counter-notifications. You can seek retractions of abusive takedown notices. you can hold abusive claimants publicly accountable for their actions by publicizing their actions. You can hold claimants legally responsible for their actions by filling a lawsuit under 512(f)."

10/14. The Copyright Office (CO) published a notice in the Federal Register that announces that it intends to raise fees for registration of claims, special services and Licensing Division services.

The CO proposes substantial increases in fees for paper, but not electronic, registration of a basic claim in an original work of authorship, as well as for paper registration of a claim in a group of published photographs, database updates, or contributions to periodicals.

The CO last raised fees in 2006. See, story titled "Copyright Office Raises Fees" in TLJ Daily E-Mail Alert No. 1,383, June 2, 2006.

The CO began beta testing of electronic filing of basic claims in July of 2007. The CO opened electronic filing to the general public on July 1, 2008.

The CO proposes to raise fees from $45 to $65 for filing of paper Forms PA, SR, TX, VA, and SE. The CO proposes to maintain the electronic filing fee at $35. The CO proposes to raise its fee from $45 to $50 for its new 2-D barcode application completed online.

The CO's notice states that "Each type of submission requires a significantly different degree of effort to process. Therefore, the Office is proposing a fee adjustment for each of these three types of submissions to recover the appropriate portion of the cost of providing such service."

It adds that in FY 2007 the CO "collected $29,261,052 in fees, offsetting 60.5% of the Copyright Office's total expenditures."

The "Right" set forth in Article I, Section 8, Clause 8 of the Constitution is the only right enumerated in the Constitution, or amendments, the exercise of which the federal government now preconditions upon the payment of fees that cover the government's expenses related to exercise of that right.

The CO's notice adds that it "anticipates implementation of the new fee schedule by April 1, 2009." Comments are due by November 13, 2008.

See, Federal Register, October 14, 2008, Vol. 73, No. 199, at Pages 60658-60662.

10/15. Peter Boni was named the 2009 Chairperson of the Board of Directors of the AeA, which was once an acronym for American Electronics Association. Boni is the P/CEO of Safeguard Scientifics.

10/15. The Copyright Royalty Judges published a notice in the Federal Register that announces, describes, and sets the comment deadline (November 14, 2008) for, its request for comments regarding a motion of Phase I claimants for partial distribution in connection with the 2006 cable royalty funds. See, Federal Register, October 15, 2008, Vol. 73, No. 200, at Page 61172.

10/15. The National Cable & Telecommunications Association (NCTA) and the Society of Cable Telecommunications Engineers (SCTE) issued a joint call for the submission of papers for the 2009 NCTA Technical Papers and the SCTE's Conference on Emerging Technologies. See, NCTA release.

10/14. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) published a notice in the Federal Register that announces, describes, recites, and sets the effective date (October 14, 2008) for, its changes to its Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies. These changes pertain to, among other things, software, cryptography, authentication, microprocessors, computers, communications equipment, and equipment designed to access copy protected contents or data encrypted in connection with the protection of intellectual property rights. See, Federal Register, October 14, 2008, Vol. 73, No. 199, at Pages 60909-60934.

10/14. The National Science Foundation's (NSF) National Coordination Office for Networking Information Technology Research and Development published a notice in the Federal Register that announces, describes, and sets the comment deadline (December 15, 2008) for, its Request for Information (RFI) regarding "promising game-changing ideas with the potential to reduce vulnerabilities to cyber exploitations by altering the cybersecurity landscape". See, Federal Register, October 14, 2008, Vol. 73, No. 199, at Pages 60724-60726.

10/14. Joseph Hirko entered a pled of guilty in U.S. District Court (SDTex) to one count of wire fraud. He was previously a Co-chief Executive Officer of Enron Broadband Services (EBS). This plea relates to events that occurred in 2000. See, Department of Justice (DOJ) release.

10/15. Colin Bennett wrote a book [Amazon] titled "The Privacy Advocates: Resisting the Spread of Surveillance". This book describes people and groups who advocate privacy. Bennett is a professor at the University of Victoria in Canada. This book is 259 pages in hardcover. It is on sale by Amazon for $20.16.

10/15. John Palfrey and Urs Gasser wrote a book [Amazon] titled "Born Digital: Understanding the First Generation of Digital Natives". This book has chapters titled "Identities", "Dossiers", "Privacy", "Safety", "Creators", "Privacy", "Quality", "Overload", "Aggressors", "Innovators", "Learners", "Activists", and "Synthesis". Palfrey is a professor at the Harvard University law school's Berkman Center for Internet & Society (BCIS). Gasser is a professor at the University of St. Gallen in Switzerland, and is affiliated with the BCIS. This book is 288 pages in hardcover. It is on sale by Amazon for $17.13. See also, review [PDF] by the Progress & Freedom Foundation's (PFF) Adam Thierer.

This issue contains four stories:
 • 11th Circuit Addresses Personal Jurisdiction in Web Site Based Trademark Case
 • FTC Obtains Sweeping Ex Parte TRO in Civil Spam Case
 • McCain Palin Campaign Writes YouTube Regarding Video Take Down Procedure
 • Copyright Office Proposes to Raise Registration Fees

The House will not meet. Its next scheduled meeting is at 11:00 AM on January 3, 2009. See, HConRes 440.

The Senate will meet in pro forma session only.

8:00 AM - 12:00 NOON. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Engineering. The agenda for October 16 includes an "Overview of the Division of Electrical Communications and Cyber Systems". See, notice in the Federal Register, September 29, 2008, Vol. 73, No. 189, at Pages 56616-56617. Location: NSF, 4201 Wilson Boulevard, Suite 375, Arlington, Virginia.

8:30 AM. Day two of a two day conference hosted by the XBRL International and XBRL US titled "18th Annual XBRL International Conference". For more information, contact Michelle Savage at 917-747-1714 or michelle dot savage at xbrl dot us. Prices vary. Location: Ronald Reagan Building.

10:00 - 11:30 AM. The Department of State's (DOS) Advisory Committee on International Communications and Information Policy (ACICIP) will hold a public meeting. The agenda includes a discussion of preparations for the ITU World Telecommunication Standardization Assembly, scheduled for October 21-30, 2008, and other upcoming international telecommunications meetings and conferences. See, notice in the Federal Register, September 24, 2008, Vol. 73, No. 186, at Pages 55198-55199. Location: DOS, Loy Henderson Auditorium, Harry S. Truman Building, 2201 C St., NW.

12:00 NOON. There will be a panel discussion titled "Online Safety". The speakers will be Christopher Wolf (Proskauer Rose), Brent Olsen (AT&T), and Stephen Balkam (Family Online Safety Institute). For more information, contact Keith Hill at 301-467-6737 or khill at bna dot com. Location: Lisagor Room, National Press Club, 13th Floor, 529 14th St. NW.

12:00 NOON - 2:00 PM. The American Constitution Society (ACS) will host an event titled "Reforming Law and Justice Policies in the Next Administration". The ACS notice states that the issues addressed will include "liberty security and the rule of law in a post-9-11 era". Lunch will be served. This event is free an open to the public. RSVP to press at acslaw dot org. Location: Holeman Lounge, National Press Club, 13th floor, 529 14th St., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a closed event titled "The Use of Mandatory Arbitration Clauses in Consumer Contracts: Good or Bad for Consumers?". The speakers will be Jerry Roscoe (JAMS), Sondra Mills (Department of Justice), Frank Bland (Public Justice), and Benjamin Klubes (Skadden Arps). The price to attend ranges from free to $20. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

3:30 - 5:00 PM. The Center for Democracy and Technology (CDT) will host an event titled "Can the Internet Transform Federal Rulemaking?". The speakers will include Dan Chenok (Pragmatics Inc.), Cynthia Farina (Cornell University Law School), Sally Katzen (University of Michigan School of Law). See, notice. RSVP to rsvp at netcaucus dot org or 202-638-4370. This event is free and open to the public. Location: Room 1300, Longworth Building, Capitol Hill.

5:00 - 7:00 PM. There will be a reception following the event titled "Can the Internet Transform Federal Rulemaking?".

6:00 - 8:00 PM. The Public Knowledge will host an event titled "Annual Awards Ceremony" give awards to Rep. Zoe Lofgren (D-CA), Fred von Lohmann (Electronic Frontier Foundation), Ben Scott (Free Press), and Carl Malamud (Public Resource). RSVP to Art Brodsky at 202-518-0020 ext 103. Location: Sewall Belmont House, adjacent to the Hart Building on Capitol Hill.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Professional Responsibility Committee will host a seminar titled "The Amended Lobbying Disclosure Act: A Primer for FCBA Members". The speakers will include Frank Jazzo (Fletcher Heald & Hildreth), Barry Ohlson (Akin Gump), Melissa Laurenza (Akin Gump), Robert Bradner (Holland & Knight), Erin Dozier (National Association of Broadcasters), and Peter Connolly (Holland & Knight). Prices vary. See, notice and agenda and registration page. This event qualifies for continuing legal education (CLE) credits. Location: Sidley Austin, 6th floor, 1501 K St., NW.

The Federal Trade Commission (FTC) will hold a public workshop titled "Prohibition of Unfair Methods of Competition In Section 5 of the Federal Trade Commission Act". This workshop will address the scope of Section 5 of the FTCA, which is codified at 15 U.S.C. § 45, its relation to antitrust statutes, and its application to technology companies. The FTC proceeded in part under Section 5 in its JEDEC proceeding against Rambus. See, story titled "Court of Appeals Rules in Rambus v. FTC" in TLJ Daily E-Mail Alert No. 1,752, April 23, 2008. See, notice in the Federal Register, August 28, 2008, Vol. 73, No. 168, at Pages 50818-50819. Location: FTC Conference Center, 601 New Jersey Ave., NW.

8:30 AM - 5:00 PM. The National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering will meet. See, notice in the Federal Register, October 14, 2008, Vol. 73, No. 199, at Page 60724. Location: Room 1235, NSF, 4201 Wilson Blvd., Arlington, VA.

12:00 NOON - 2:00 PM. The Technology Policy Institute (TPI) will host a panel discussion titled "Privacy and Data Security Issues Facing the Next Administration". The speakers will be Orson Swindle (Hunton & Williams, representing Sen. McCain), Peter Swire (law professor representing Sen. Obama), and Tom Leonard (TPI moderator). Lunch will be served. See, registration page. For more information, contact Ashley Creel at 202-828-4405 or events at techpolicyinstitute dot org. Location: Room 2322, Rayburn Building, Capitol Hill.

CHANGED TO SEPTEMBER 26. 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, extension notice in the Federal Register, September 10, 2008, Vol. 73, No. 176, at Pages 52646-52647. See, third notice in the Federal Register, September 18, 2008, Vol. 73, No. 182, at Page 54139, moving the deadline up to September 26, 2008.

9:30 AM. The Office of the U.S. Trade Representative's (OUSTR) GSP Subcommittee will hold a hearing regarding the 2008 Generalized System of Preferences (GSP) Annual Review. See, notice in the Federal Register, September 12, 2008, Vol. 73, No 178, at Pages 53054-53056. Location: OUSTR, Rooms 1 and 2, 1724 F St., NW.

12:00 NOON - 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 333, Hall of the States, 444 North Capitol St., NW.

7:00 - 9:00 PM. The Cato Institute and the Center for American Progress (CAP) will host a performance of the video titled "Advice and Consent", followed by a panel discussion. This video pertains to the nominations of John Roberts, Sam Alito, and Harriet Miers. The speakers will be Kathryn Kolbert (People for the American Way), Manuel Miranda (Third Branch Conference), Ilya Shapiro (Cato), Winnie Stachelberg (CAP), David Van Taylor, and Jan Greenburg (ABC News). See, CAP notice. Location: E Street Cinema, 555 11th St., NW.

Effective date of the Bureau of Industry and Security's (BIS) new rules mandating that export and reexport license applications, classification requests, encryption review requests, License Exception AGR notifications and related documents be submitted to the BIS by its electronic filing system. See, notice in the Federal Register, August 21, 2008, Vol. 73, No. 163, at Pages 49323-49331.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Notice of Proposed Rulemaking (NPRM) regarding broadcast low power auxiliary stations operating in the 700 MHz band, such as wireless microphones. This NPRM is FCC 08-188 in WT Docket Nos. 08-166 and 08-167. The FCC adopted this NPRM on August 15, 2008, and announced it and released the text [24 pages in PDF] on August 21, 2008. See, story titled "FCC Releases NPRM on Wireless Microphones Operating in 700 MHz Band" in TLJ Daily E-Mail Alert No. 1,817, August 21, 2008. See, notice in the Federal Register, September 3, 2008, Vol. 73, No. 171, at Pages 51406-51415.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to the petitions for reconsideration (PFR) of the FCC's Report and Order (R&O) that is sometimes referred to as the "multi-tenant environment voice exclusivity order". The FCC adopted this R&O on March 19, 2008, and released the text [30 pages in PDF] on March 21, 2008. This R&O is FCC 08-87 in WT Docket No. 99-217. See, story titled "FCC Order Abrogates Property Owners' Contracts with Telcos" in TLJ Daily E-Mail Alert No. 1,734, March 20, 2008. See also, Verizon's PFR [9 pages in PDF] of June 13, 2008, and Stephen Weinstein's PFR [7 pages in PDF] of March 24, 2008. See also, notice in the Federal Register, September 25, 2008, Vol. 73, No. 187, at Page 55513.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to the petition for reconsideration (PFR) [4 pages in PDF] of the FCC's Memorandum Opinion and Order and Report and Order (MO&O and R&O) approving the merger of XM and Sirius. The FCC adopted this item on July 25, 2008, and released the text [109 pages in PDF] on August 5, 2008. See, story titled "FCC Releases XM Sirius Merger Order" in TLJ Daily E-Mail Alert No. 1,807, August 6, 2008, story titled and "FCC Approves XM Sirius Merger" in TLJ Daily E-Mail Alert No. 1,800, July 25, 2008. This item is FCC 08-178 in MB Docket No. 07-57. Mt Wilson FM Broadcasters, Inc. filed this PRF on September 4, 2008. See also, notice in the Federal Register, September 25, 2008, Vol. 73, No. 187, at Page 55513.

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 333, Hall of the States, 444 North Capitol St., NW.

TIME? The U.S. Patent and Trademark Office's (USPTO) Trademark Public Advisory Committee (TPAC) will meet. Location?

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 333, Hall of the States, 444 North Capitol St., NW.

11:00 AM - 12:00 NOON. Laurie Flaherty (National Highway Traffic Safety Administration) will give a speech on the Department of Transportation's (DOT) role in 911 issues. See, Federal Communications Commission (FCC) notice [PDF]. Location: FCC, Commission Meeting Room, 445 12th St., SW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) State and Local Practice Committee will host a seminar titled "Regulatory Framework for VoIP: What is the State Role?" The first panel will cover "the technical aspects of the provision of VoIP services and the current state of regulatory oversight". The second panel will cover "open issues and when VoIP oversight should or is likely to go". See, notice and registration page. The price to attend varies. Location: Bingham McCutchen, 2020 K St., NW.

6:00 - 9:15 PM. The DC Bar Association will host a program titled "Copyright Law and Litigation". The speaker will be Kenneth Kaufman (Manatt Phelps & Phillips). 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.

Deadline to submit reply 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 reply 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.

8:30 AM - 5:30 PM. The U.S.-China Economic and Security Review Commission will hold a public meeting to work on its 2008 Annual Report to Congress, "if necessary". 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.

Day one of a three day conference hosted by the American Intellectual Property Law Association (AIPLA) titled "2008 Annual Meeting". Location: Marriott Wardman Park, 2660 Woodley Park Road, NW.

TIME? The Federal Trade Commission's (FTC) Bureau of Competition's Premerger Notification Office will host a half day workshop on the basics of the premerger notification program. See, FTC release. Location: FTC, satellite building conference center, 601 New Jersey Ave., NW.

Deadline to submit comments to the Federal Trade Commission (FTC) in connection with its event titled "Transatlantic RFID Workshop on Consumer Privacy and Data Security". See, FTC release.

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