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December 4, 2008, Alert No. 1,867.
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Martin Wants FCC to Adopt Free Wireless Broadband Order

12/3. The Federal Communications Commission (FCC) released a document [2 pages in PDF] titled "FCC Announces Tentative Agenda for December 18 Open Meeting". This item lists an order setting service rules for free wireless broadband service in the AWS-3 band.

FCC Chairman Kevin Martin held a news conference on December 3, 2008, at which he discussed this topic.

This document states that the FCC may consider a Report and Order (R&O) and Order on Reconsideration (OR) that addresses "service rules for fixed and mobile services, including advanced wireless services (AWS), in the 2155-2180 MHz band (AWS-3)".

Martin said that this item is similar to the item that he proposed in May, but that the Commission did not approve.

This is a proposal to provide 25 MHz of spectrum to a single nationwide licensee. It would require the licensee to provide a basic level of free wireless broadband service. At least 25% of capacity would be devoted to the free basic service. The rest would be used for fee based service.

The FCC's Further NPRM [45 pages in PDF] of June 20, 2008, referenced "data rates of at least 768 kbps downstream" for the free basic service. That FNPRM is FCC 08-158 in WT Docket No. 07-195 and WT Docket No. 04-356.

The basic service would be subject to porn filtering, with adults having the option to opt out. Fee based service would not be subject to filtering. Martin said that the cut off age would be 18.

Martin was asked what would be filtered. He did not provide a responsive answer. However, he did say that this leads to the "same debate as in the broadcast area".

Kevin MartinMartin (at right) said that there are different two versions of this item. The difference lies in the claw back provisions for areas not served by the service provider. One provides that reclaimed spectrum would be made available for unlicensed use.

Martin was asked which version he prefers. He responded that he prefers whichever version two other commissioners will support.

None of the other Commissioners attended this news conference. However, Martin stated that no one wants to do nothing.

M2Z Networks has sought the creation of this service for several years. See, stories titled "FCC Accepts for Filing M2Z's Application for Free Spectrum" in TLJ Daily E-Mail Alert No. 1,532, February 5, 2007, and "Panel Debates M2Z Proposal" in TLJ Daily E-Mail Alert No. 1,541, February 21, 2007.

Wireless carriers, and especially T-Mobile, have complained about interference. See, story titled "M2Z and CTIA Dispute AWS-3 Interference" in TLJ Daily E-Mail Alert No. 1,831, September 24, 2008.

Martin Discusses FCC Agenda

12/3. The Federal Communications Commission (FCC) released a document [2 pages in PDF] titled "FCC Announces Tentative Agenda for December 18 Open Meeting". Also, FCC Chairman Kevin Martin held a news conference on December 3, 2008, at which he discussed this document and other topics.

E911 Tracking Accuracy. The FCC's document states that the agenda includes a 2nd Report and Order (R&O) that addresses "the geographic area over which wireless carriers must meet the Enhanced 911 (E911) location accuracy requirements".

Martin said that this item is consistent with the proposals of Verizon and others. See, letter [PDF] of August 25, 2008 from AT&T, NENA and APCO, and letter [PDF] of August 20, 2008, from Verizon Wireless, NENA and APCO.

The FCC adopted its first R&O on September 11, 2007, and released the text on November 20, 2007. See, story titled "FCC Adopts E911 Location Tracking Accuracy Benchmarks" in TLJ Daily E-Mail Alert No. 1,640, September 17, 2007. That order is FCC 07-166 in PS Docket No. 07-114, CC Docket No. 94-102, WC Docket No. 05-196, FCC 07-166. See also, story titled "FCC Extends E911 Location Tracking Rules to Interconnected VOIP" in TLJ Daily E-Mail Alert No. 1,589, May 31, 2007.

DTV Items. The FCC's document also states that the agenda for December 18 includes an omnibus Notice of Apparent Liabilty (NAL) that fines "various companies for apparent violations of the Commission's DTV consumer education requirements".

Martin declined to either identify any of the companies to be fined, or the industry sectors involved. However, he said that the NAL identifies 7 companies, and will impose $11 Million in fines.

The FCC's document also states that the agenda for December 18 includes Notice of Proposed Rulemaking (NPRM) that proposes "a new digital television translator service for analog loss areas".

Other Agenda Items. The FCC's document also states that the agenda for December 18 includes a R&O "modifying the program carriage rules and procedures and a Further Notice of Proposed Rulemaking seeking comment on the practices of programmers and broadcasters."

The FCC's document also states that the agenda for December 18 includes a Report and Order and Second Report and Order and Order regarding "a regulatory framework for the coexistence of licensees in the Satellite Digital Audio Radio Service (SDARS) and the Wireless Communications Service (WCS) in the 2305-2360 MHz frequency band."

The FCC's document also states that the agenda for December 18 includes an item regarding Wireless Radio Services (WRS) Renewals.

It states this: "A Notice of Proposed Rulemaking and Order addressing Amendment of Parts 1, 22, 24, 27, 74, 80, 90, 95, and 101 To Establish License Renewal and Discontinuance of Operation Policies and Procedures for Certain Wireless Radio Services; Imposition of a Freeze on the Filing of Competing Renewal Applications for Certain Wireless Radio Services and the Processing of Already-Filed Competing Renewal Applications."

This event, if it takes place, may take place on December 18, 2008. Most of the FCC's recent events titled "Open Meeting" have either not been held, or have not been held at the time announced by the FCC. The FCC may adopt some of these items beforehand. The FCC may postpone consideration of some of these items. The FCC sometimes adds items to the program without providing the "one week" notice required 5 U.S.C. § 552b. The FCC usually does not release at its events copies of the items that it adopts at its events.

Other Topics Discussed at News Conference. Martin was asked questions about his meetings and discussions with members of President elect Obama's transition team. He said that "I have met with them", but refused to say anything further.

Martin declined to discuss when he will leave that FCC, or what his future plans may be.

Martin said that he does not know what the FCC will do regarding the PPM Coalition's petition about Arbitron's use of Portable People Meters (PPM). See, FCC Media Bureau's September 4, 2008, public notice [3 pages in PDF]. This is MB Docket No. 08-187.

Martin refused to answer a question about the FCC's failure to respond to Freedom of Information Act (FOIA) requests for his travel records.

7th Circuit Considers Fake MySpace Identities

12/5. The U.S. Court of Appeals (7thCir) issued its opinion in US v. Morris, dismissing an appeal in a case involving MySpace, fake identity, and child predation.

In this case, an adult women created a fake identity for a 15 year old girl on the social networking site MySpace for the purpose of communicating with another person under this fake identity.

These facts are similar to those in the case US v. Lori Drew. Drew is an adult woman who created a fake MySpace profile -- in violation of MySpace's terms of service (TOS) -- of a teenage boy. She then cyber bullied a teenage girl who also used MySpace. The US prosecuted Drew for violation of the Computer Fraud and Abuse Act (CFAA), which is codified at 18 U.S.C. § 1030.

See also, story titled "Lori Drew Pleads Not Guilty in Section 1030 Case" in TLJ Daily E-Mail Alert No. 1,784, June 23, 2008, and story titled "Jury Returns Guilty Verdict in Lori Drew Case" in TLJ Daily E-Mail Alert No. 1,865, December 2, 2008.

In the present case, US v. Morris, the US prosecuted -- not the MySpace TOS violator -- but the person with whom she communicated.

The Court of Appeals described her acts as a "private sting". She communicated via MySpace with an adult man who, with the understanding that he was communicating with a 15 year old, proposed sex. This TOS violator, whose full name is not disclosed in the Court of Appeals' opinion, then turned this information, and the MySpace account, over to the Federal Bureau of Investigation (FBI).

Morris was prosecuted and convicted in the U.S. District Court (EDWisc) for violation of 18 U.S.C. § 2423.

The Court of Appeals dismissed Morris' appeal.

Section 2423 criminalizes transporting a minor across state lines for illegal sexual conduct. Courts have also held that attempts are a crime. Courts have also held that attempts directed at a law enforcement officer using a fake online identity is a covered crime. This case holds that it is also a crime if the attempt is directed to an adult online vigilante pretending to be a minor.

However, what may be more noteworthy about this case is that it illustrates the federal government's inconsistent application of Section 1030, and the resulting uncertainty that this causes.

The US had a policy reason (but no basis in Section 1030) for prosecuting Lori Drew. Her statements under the fake identification that she created on MySpace caused emotional distress to another person. That person later killed herself.

But, there are also policy reasons (but no basis in Section 1030) for deterring the use of social networking sites for private stings. For example, while some private actors turn over evidence of online criminal activity (including sex crimes, online drug sales, and online copyright and trademark infringement) to law enforcement agencies, others use that information to commit blackmail related crimes.

The Court of Appeals noted that "The vigilantes' aim might be to blackmail any offender whom they detect rather than to turn him over to the law enforcement authorities for prosecution."

There is also the matter of entrapment. Most law enforcement officers, but fewer private vigilantes, understand the differences between stings, in which evidence is collected about a person's attempt to commit a crime, and entrapment, in which law abiding citizens not disposed to committing a crime are enticed to commit a crime. That is, private online vigilantes, in some cases, create crimes, rather that catch criminals.

The Court of Appeals, quoting from a law review article, wrote that "Historically this was not a problem because most individuals, even if they had the motivation to entrap others, did not have the resources to orchestrate a sting while protecting themselves from retaliation if caught. Private entrapment was therefore a rare occurrence. The Internet has changed this, for better or worse, at least for the crimes perpetrated partly on-line."

Also, the Court added that while law enforcement entrapment is a defense to a criminal prosecution, there is no defense if the entrapment is committed by private vigilantes. See, U.S. v. United States v. Manzella, 791 F.2d 1263 (7th Cir. 1986).

In the end, the Court wrote that "This case is particularly remote from the concerns with Internet vigilantism, since the ``vigilante´´ was a mother seeking to protect her daughter from a sexual predator."

This case is U.S.A. v. James T. Morris, U.S. Court of Appeals for the 7th Circuit, App. Ct. No. 08-2329, a appeal from the U.S. District Court for the Eastern District of Wisconsin, D.C. No. 07-CR-313-001, Judge J.P. Stadtmueller presiding. Judge Richard Posner wrote the opinion of the Court of Appeals, in which Judges Rovner and Evans joined.

Over many years TLJ has made many requests to persons employed by the Department of Justice' (DOJ) Computer Crimes and Intellectual Property Section (CCIPS), and other DOJ components, for information regarding the DOJ's interpretation of Section 1030. All requests have been denied.

7th Circuit Rules in Illinois Unbundling Case

11/26. The U.S. Court of Appeals (7thCir) issued its opinion in Illinois Bell Telephone v. Box, a case regarding unbundled network elements.

Illinois Bell Telephone Company, now a subsidiary of AT&T, is an incumbent local exchange carrier (ILEC) within the meaning of 47 U.S.C. § 251.

Globalcom is another telecommunications company that seeks access to Illinois Bell's network elements on an unbundled basis.

The Illinois Commerce Commission (ICC) is the state telecommunications regulatory. Charles Box, the lead defendant, is the Chairman of the ICC.

The ICC ordered Illinois Bell to sell to Globalcom some of Illinois Bell's services at cost. Moreover, this order went beyond the Federal Communications Commission's (FCC) Section 251 determinations.

Illinois Bell filed a complaint in U.S. District Court (NDIll) against the ICC, Box (in his ICC capacity), and the other commissioners seeking declaratory and injunctive relief.

The District Court granted summary judgment to Illinois Bell.

The ICC brought the present appeal. The Court of Appeals, with Judge Richard Posner writing the opinion, affirmed.

Judge Posner also offered this advice to telecommunications counsel: "Although the dual federal-state regulatory scheme for the telecommunications industry is complex and even arcane, the parties did not have to assault us with 206 pages of briefs, brimming with jargon and technical detail, in order to be able to present the issues on appeal adequately. Clarity, simplicity, and brevity are underrated qualities in legal advocacy."

Judge Posner's opinion explains in a mere 11 pages the meaning and purposes of Section 251, and its application to this dispute.

This case is Illinois Bell Telephone Company, Inc. v. Charles Box, et al., U.S. Court of Appeals for the 7th Circuit, App. Ct. Nos. 08-1489 and 08-1494, appeals from the U.S. District Court for the Northern District of Illinois, Eastern Division, D.C. No. 05 C 1149, Judge Joan Gottschall presiding. Judge Posner wrote the opinion of the Court of Appeals, in which Judges Ripple and Evans joined.

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In This Issue

This issue contains the following items:
 • Martin Wants FCC to Adopt Free Wireless Broadband Order
 • Martin Discusses FCC Agenda
 • 7th Circuit Considers Fake MySpace Identities
 • 7th Circuit Rules in Illinois Unbundling Case

Notice Re FCC Web Site

The Federal Communications Commission (FCC) announced in its web site that "All FCC electronic filing and public access systems except for the Network Outage Reporting System (NORS) will be unavailable between 10:00 pm (EST) Saturday, December 6 through 6:00 am (EST) Sunday, December 7 for scheduled maintenance."

Washington Tech Calendar
New items are highlighted in red.
Friday, December 5

The House will not meet.

The Senate will meet in pro forma session.

8:00 AM - 5:15 PM. Day three of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, November 12, 2008, Vol. 73, No. 219, at Page 66844. Location: George Washington University, Cafritz Conference Center, 800 21st St., NW.

9:30 AM. The House Financial Services Committee (HFSC) will hold a hearing regarding government protection of U.S. auto companies. See, notice. Location: Room 2128, Rayburn Building.

9:30 AM - 4:45 PM. The Federal Trade Commission (FTC) will hold a hearing titled "The Evolving IP Marketplace". See, FTC notice and notice in the Federal Register, November 21, 2008, Vol. 73, No. 226, at Pages 70645-70648. See also, story titled "FTC to Hold Hearings on IP Law" in TLJ Daily E-Mail Alert No. 1,853, November 5, 2008. Location: FTC, 601 New Jersey Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Tafas v. Dudas, App. Ct. No. 2008-1352, an appeal from the U.S. District Court (EDVa) in a case regarding the rulemaking authority of the U.S. Patent and Trademark Office (USPTO). The District Court wrote in its opinion that "Because the USPTO's rulemaking authority under 35 U.S.C. § 2(b)(2) does not extend to substantive rules, and because the Final Rules are substantive in nature, the Court finds that the Final Rules are void as ``otherwise not in accordance with law´´ and ``in excess of statutory jurisdiction [and] authority.´´ 5 U.S.C. § 706(2)." (Brackets in original. Hyperlinks added.) Location: Courtroom 203, 717 Madison Place, NW.

Day three of a three day event hosted by the U.S. Chamber of Commerce titled "One Voice for Trade; International Trade Leadership Program". The price to attend ranges from $175-$225. See, notice. Location: U.S. Chamber, 1650 H St., NW.

Monday, December 8

The House may meet. It may take of legislation to protect GM, Ford and Chrysler from competition and failure.

9:00 AM - 3:00 PM. The Office of the U.S. Trade Representative's (OUSTR) Industry Trade Advisory Committee on Small and Minority Business (ITAC-11) will meet. The meeting will be closed to the public from 9:00 AM through 12:30 PM. It will be open from 1:00 through 3:00 PM. See, notice in the Federal Register, November 20, 2008, Vol. 73, No. 225, at Page 70388. Location: Department of Commerce, 14th Street and Constitution Ave., NW.

11:00 AM. The Supreme Court will hear oral argument in Pacific Bell Telephone v. Linkline Communications, Sup. Ct. No. 07-512. This is a petition for writ of certiorari to the U.S. Court of Appeals (9thCir) in a case involving application of Section 2 of the Sherman Act to telecommunications. See, September 11, 2007, divided opinion [22 pages in PDF] of the Court of Appeals, and story titled "Supreme Court Grants Certiorari in Pacific Bell v. Linkline" in TLJ Daily E-Mail Alert No. 1,786, June 25, 2008.

12:00 NOON - 1:00 PM. The Heritage Foundation will host a panel discussion titled "Under Attack: Today's Cyber Threat". The speakers will be Heli Tiirmaa-Klaar (Estonian Ministry of Defense), John Tkacik (Heritage), Frank Garcia (House Intelligence Committee staff), Steve Bucci (IBM), and Peter Brookes (Heritage). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Homeland Security and Emergency Communications Committee will host a brown bag lunch titled "Meet the FCC's Homeland Security & Public Safety Bureau". The speakers will be Derek Poarch (Chief of the FCC's Homeland Security & Public Safety Bureau) and others. Location: Holland & Knight, 2099 Pennsylvania Ave., NW.

1:30 PM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC) will hold a partially closed meeting. The agenda for the open portion of the meeting includes "Communications, advanced computing and software" and "Nanotechnologies and microelectronics". See, notice in the Federal Register, November 26, 2008, Vol. 73, No. 229, at Page 72025. Location: DOC, Hoover Building, Room 3884, 14th St. between Pennsylvania and Constitution Aves., NW.

Effective date of the Copyright Office's (CO) interim regulation to clarify the scope and application of the Section 115 compulsory license to make and distribute phonorecords of a musical work by means of digital phonorecord deliveries (DPDs). See, notice in the Federal Register, November 7, 2008, Vol. 73, No. 217, at Pages 66173-66182. See also, story titled "Copyright Office Releases Interim Section 115 Digital Phonorecord Delivery Regulation" in TLJ Daily E-Mail Alert No. 1,854, November 10, 2008.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its request for comments regarding its collection of information in statutory invention registrations. See, notice in the Federal Register, October 7, 2008, Vol. 73, No. 195, at Pages 58572-58573.

Tuesday, December 9

8:00 AM - 4:30 PM. Day one of a two day partially closed meeting of the National Science Foundation's (NSF) National Science Board (NSB). At 1:00 - 2:30 PM the NSB will meet in closed session to discuss the National Nanotechnology Infrastructure Network and DataNet. See, notice in the Federal Register, December 2, 2008, Vol. 73, No. 232, at Pages 73349-73350. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

8:00 - 10:00 AM. The BroadbandCensus dot com [http colon slash slash broadbandcensus dot com] will host a breakfast event titled "How Applications and Broadband Mapping Harness Demand for High-Speed Internet" The speakers will be Susan Fox (Walt Disney), Neal Neuberger (Institute for e-Health Policy), Alan Shark (Public Technology Institute), and Geoff Daily (App-Rising.com). For more information, contact Drew Clark at drew at broadbandcensus dot com or 202-580-8196. Breakfast begins at 8:00 AM. The program begins at 8:40 AM. The price to attend these monthly events is $45. These events are open to the public. Location: Old Ebbitt Grill, 675 15th St., NW.

Day one of a three day conference of the American Institute of Certified Public Accountants (AICPA) on SEC and PCAOB developments. Securities and Exchange Commission (SEC) Chairman Chris Cox will speak on December 8 at 9:00 AM. PCAOB Chairman Mark Olson will speak at 9:30 AM. Location: Marriott Wardman Park Hotel.

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

Deadline for Federal Communications Commission (FCC) administrative law judge to resolve all factual disputes and submit a recommended decision and remedy with respect to six program carriage complaints. See, FCC Public Notice DA 08-2269, and notice in the Federal Register, November 3, 2008, Vol. 73, No. 213, at Pages 65312-65329. See also, story titled "FCC Releases Order On Program Carriage Complaints" in TLJ Daily E-Mail Alert No. 1,844, October 17, 2008. This proceeding is MB Docket No. 08-214.

Wednesday, December 10

8:00 AM - 4:30 PM. Day two of a two day partially closed meeting of the National Science Foundation's (NSF) National Science Board (NSB). The agenda for the 8:00 - 10:30 AM open session includes "Update on the Next Generation of STEM Innovators Workshop". See, notice in the Federal Register, December 2, 2008, Vol. 73, No. 232, at Pages 73349-73350. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

1:30 PM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee (ETRAC) will hold a partially closed meeting. See, notice in the Federal Register, November 26, 2008, Vol. 73, No. 229, at Pages 72025-72026. Location: DOC, Hoover Building, Room 4830, 14th St. between Pennsylvania and Constitution Aves., NW.

11:00 AM. The Supreme Court will hear oral argument in AT&T v. Hulteen, Sup. Ct. No. 07-543. This is a petition for writ of certiorari to the U.S. Court of Appeals (9thCir) in a case involving Title VII, calculation of retirement benefits, and pregnancy leave. See, March 8, 2006, divided opinion [30 pages in PDF] of the Court of Appeals.

12:00 NOON. The Cato Institute will host an event titled "Just Give Us the Data! Prospects for Putting Government Information to Revolutionary New Uses". The speakers will be Ed Felten (Princeton University), Gary Bass (OMB Watch), Jerry Brito (Mercatus Center at George Mason University), and Jim Harper (Cato). See, notice. Lunch will follow the program. This event is free and open to the public. Cato will web cast this event. Location: Cato, 1000 Massachusetts Ave., NW.

2:45 - 3:30 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "Regulation and Oversight: Advice for the New Administration". The speakers will be Cary Coglianese (University of Pennsylvania Law School), Susan Dudley (Office of Management and Budget), John Graham (Indiana University), Sally Katzen (George Mason University School of Law), Richard Morgenstern (Resources for the Future), and Robert Hahn (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

6:00 - 9:15 PM. The DC Bar Association (DCBA) will host part one of a two part event titled "2008 IP Law Year in Review Series". The speakers will be Terence Ross (Gibson Dunn & Crutcher), Becky Burr (Wilmer Hale), and Brian Banner (Rothwell Figg Ernst & Manbeck). The price to attend ranges from $80 to $115. For more information, contact 202-626-3488. See, notice. The event qualifies for continuing legal education credits. The DCBA has a record of excluding persons from its events. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Effective date of the U.S. Patent and Trademark Office's (USPTO) rules changes governing practice before the Board of Patent Appeals and Interferences in ex parte patent appeals. See, notice in the Federal Register, June 10, 2008, Vol. 73, No. 112, at Pages 32937-32977.

Thursday, December 11

8:30 AM - 3:00 PM. The Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Malcolm Baldrige National Quality Award Board of Overseers will meet. See, notice in the Federal Register, November 28, 2008, Vol. 73, No. 230, at Page 72451. Location: NIST, Administration Building, Lecture Room B, Gaithersburg, MD.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host an event to release and discuss a report titled "A Policymaker's Guide to Network Management". The speakers will be Robert Atkinson (ITIF), David Sohn (Center for Democracy and Technology), and George Ou (ITIF). A light breakfast will be served. Location: ITIF, Suite 200, 1250 Eye St., NW.

9:00 AM. The American Antitrust Institute (AAI) will host an event titled "Private Antitrust Enforcement Symposium". For more information, contact Sarah Frey at 202-408-7442. Location: Holeman Lounge, National Press Club,13th Floor, 529 14th St. NW.

9:30 AM. The Park City Center for Public Policy will hold a news conference titled "Defending Cyberspace: Recommendations for Action". For more information, contact Jim Souby at 435-649-6980 x100 or jsouby at parkcitycenter dot org. Location: Lisagor Room, National Press Club,13th Floor, 529 14th St. NW.

6:00 - 8:15 PM. The DC Bar Association (DCBA) will host part two of a two part event titled "2008 IP Law Year in Review Series". The speakers will be Bradley Wright (Banner & Witcoff) and Eric Wright (Morgan & Finnegan). The price to attend ranges from $80 to $115. For more information, contact 202-626-3488. See, notice. The DCBA has a record of excluding persons from its events. The event qualifies for continuing legal education credits. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Deadline for the Office of the U.S. Trade Representative (OUSTR) to submit 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). This annual report is required by 22 U.S.C. § 6951.

Deadline to submit initial comments to the Office of the U.S. Trade Representative (OUSTR) regarding the operation, effectiveness, and implementation of and compliance with trade agreements regarding telecommunications products and services, including the World Trade Organization (WTO) General Agreement on Trade in Services, the North American Free Trade Agreement (NAFTA), free trade agreements (FTAs) with Australia, Bahrain, Chile, Morocco, and Singapore, the Dominican Republic-Central America-United States FTAs. See, notice in the Federal Register, November 25, 2008, Vol. 73, No. 228, at Page 71707-71708.

Friday, December 12

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the People's Republic of China's (PRC) complaint to the World Trade Organization (WTO) regarding Department of Commerce (DOC) anti-dumping and countervailing duty determinations and orders affecting imports from the PRC of steel pipe, tires, and other products. See, notice in the Federal Register, November 13, 2008, Vol. 73, No. 220, at Pages 67214-67215. In other WTO proceedings, the U.S., Japan, Taiwan, and other nations have complained to the WTO about the PRC's failure to protect intellectual property rights. See, story titled "US to Complain to WTO Regarding PR China's Failure to Protect IPR" in TLJ Daily E-Mail Alert No. 1,562, April 9, 2007, and story titled "US Requests WTO Dispute Settlement Panel Re PRC Failure to Protect IPR" in TLJ Daily E-Mail Alert No. 1,623, August 15, 2008. See also, the WTO's web page for DS362 and web page for DS363.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding draft FIPS-186-3 [125 pages in PDF] titled "Digital Signature Standard (DSS)". See also, notice in the Federal Register, November 12, 2008, Vol. 73, No. 219, at Pages 66842-66844.

Deadline to submit nominations to the National Telecommunications and Information Administration (NTIA) for members of the NTIA's Online Safety and Technology Working Group (OSTWG) for a fifteen month term to commence in January of 2009. See, notice in the Federal Register, November 21, 2008, Vol. 73, No. 226, at Pages 70624-70625. See also, story titled "NTIA Seeks Members for Online Safety and Technology Working Group" in TLJ Daily E-Mail Alert No. 1,863, November 25, 2008.