Tech Law Journal Daily E-Mail Alert
April 16, 2009, Alert No. 1,928.
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Swedish Criminal Court Convicts Pirate Bay Operators

4/16. A trial court in Stockholm, Sweden convicted Gottfrid Svartholm Warg, Peter Sunde, Fredrik Neij and Carl Lundstrom of criminal violation of Sweden's copyright law in connection with their operation of the web site named Pirate Bay (PB).

They were also sentenced to serve one year each in prison, and ordered to pay damages of 30 Million Kronor to injured copyright holders. The currency converter website, CoinMill.com, calculates that this converts to about $3.6 Million./p>

The PB web site remains on line and in operation. It states that PB "is the worlds largest bittorrent tracker".

The PB web site contains this reaction to the court verdict. "So, the dice courts judgement is here. It was lol to read and hear, crazy verdict. But as in all good movies, the heroes lose in the beginning but have an epic victory in the end anyhow. That's the only thing hollywood ever taught us." (Errors in original.)

The PB web site also contains copies of letters from various copyright holders demanding that PB cease distribution of, and facilitating the distribution of, copyrighted works. The PB web site also contains its insulting and immature responses. See for example, Apple letter and PB response, and Dreamworks letter and PB response. The PB recommends that the attorneys sending cease and desist letters "sodomize yourself".

Patrick Ross, head of the Copyright Alliance, stated in a release that "Jail time and a significant payment of damages are entirely appropriate, given the sweeping harm the defendants' illegal file-sharing operation has done to creators from numerous creative industries."

"We also recognize that this struggle -- against those who would seek to coordinate and enable on a massive scale the theft of creators’ rights -- is ongoing. This court action will not bring to an end massive illegal file-sharing. But it is critically important for creators to continue to fight for their rights, and to applaud legal systems that seek to uphold their rights", said Ross.

The Progress & Freedom Foundation's (PFF) Tom Sydnor praised the verdict in a release, and urged Sweden "to act swiftly to terminate the site's illegal activities."

Sydnor also stated that "This verdict is also an affirmation of the rights of the hard-working, law-abiding creators" and "shows that civilized nations can and should enforce copyright owners' exclusive right to make their works available over interactive networks like the Internet."

He added that "American prosecutors should also note that the Swedish court stated that this ``crime has been committed in a commercial and organized form. U.S. law provides powerful tools that can halt organized commercial crime and dismember criminal syndicates. It is high time to deploy those tools against distributors and operators of piracy-adapted programs and sites."

Civil RICO Actions. TLJ spoke with Sydnor. He said that "those tools" include civil RICO actions brought by the Department of Justice (DOJ) under the Racketeering Influenced and Corrupt Organizations (RICO) statute, which is codified at 18 U.S.C. 1961-1968.

He said that there are entities that have been in business long enough now to realize that most uses of their service are infringing, and that their business is heavily dependent upon infringement. He said, "I do think that it is time for the government to be involved." He did not, however, name any entities that warrant RICO actions. He said that the DOJ should investigate.

Sydnor explained some advantages of federal RICO actions. For example, in a criminal copyright infringement action, the DOJ has a very high burden of proof -- intent beyond a reasonable doubt. In contrast, the standard in a civil RICO action would be lower -- beyond a reasonable doubt.

The DOJ has not yet brought any civil RICO actions involving P2P services. However, it has brought criminal infringement actions against operators of direct connect peer to peer networks that enabled the sharing of copyrighted movies, software, computer games, and music.

The DOJ named this 2004-2005 investigation and prosecution "Operation Digital Gridlock". See, the DOJ's August 25, 2004, release announcing the operation, and story titled "DOJ Executes Search Warrants in Investigation of Criminal Infringement by P2P Users" in TLJ Daily E-Mail Alert No. 967, August 26, 2004.

The DOJ obtained convictions of Michael Chicoine, William Trowbridge, Nicholas Boel, and Bryan F. Tanner in 2005 for conspiracy (18 U.S.C. 371) to commit criminal copyright infringement (17 U.S.C. 506 and 18 U.S.C. 2319). See, DOJ's January 18, 2005 release, and May 31, 2005 release.

More Reaction. Dan Glickman, head of the Motion Picture Association of America (MPAA), stated in a release that "We welcome the court's decision today because The Pirate Bay is a source of immense damage to the creative industries in Sweden and internationally. This is an important decision for rights-holders, underlining their right to have their creative works protected against illegal exploitation and to be fairly rewarded for their endeavors. This decision will help to support the continued investment in talent and in new online services, and the creation of new films and television shows for enjoyment by audiences around the world."

Michael Gallagher, head of the Entertainment Software Association (ESA), stated in a release that "Piracy is the single greatest threat to the development and release of innovative and creative entertainment software that consumers demand and enjoy. It’s a job killer in an economy that needs millions more jobs, not less".

He added that "This decision confirms that the harm being inflicted on creators of digital works by BitTorrent sites like The Pirate Bay will not be tolerated, and that such actions are subject to criminal sanctions."

DHS Privacy Office Seeks Comments on Government Use of Social Media

4/17. The Department of Homeland Security's (DHS) Privacy Office published a notice in the Federal Register requesting public comments on issues associated with government use of social media. Comments are due by June 1, 2009.

The DHS also announced that it will hold a two day public workshop titled "Government 2.0: Privacy and Best Practices" in Washington DC on June 22 and 23, 2009. This event will be held at the Atrium Ballroom, Washington Court Hotel, 525 New Jersey Ave., NW.

The DHS seeks comments on how the government is currently using social media, and what are the benefits and risks to the public and government of use of social media.

It also seeks comments on operational, privacy, security, and legal issues raised by government use of social media.

Finally, the DHS seeks comments on what should be the elements of privacy best practices for government use of social media.

See, notice in the Federal Register, April 17, 2009, Vol. 74, No. 73, at Pages 17876-17877.

A DHS spokesman wrote to TLJ that "we are not seeking applications to participate" as panelists.

Microsoft and DOJ Agree on Further Extension of Section III.E of Final Judgment

4/16. Microsoft, the Department of Justice (DOJ), and state plaintiffs filed a joint status report [19 pages in PDF] with the U.S. District Court (DC) in US v. Microsoft, D.C. No. 98-1232, and New York v. Microsoft, D.C. No. 98-1233. They agree to modify the Final Judgment in the government antitrust action against Microsoft, brought back in 1998.

This joint status report states that the parties have agreed on an extension of Section III.E of the Final Judgment, which pertains to the Microsoft Communications Protocol Program (MCPP), to May 12, 2011. The parties also filed a motion and memorandum [5 pages in PDF] to accomplish this extension.

The joint status report states that "In May 2006, Plaintiffs and Microsoft reached an agreement to extend Section III.E (and its supporting provisions) of the original Final Judgments for two years, until November 12, 2009. At the same time, Microsoft agreed that Plaintiffs would have the unilateral right to request an additional extension of the surviving provisions of the Final Judgments for up to three additional years (that is, through November 12, 2012)." (Parentheses in original.)

It continues that "It is clear to Plaintiffs that Microsoft has made substantial progress in improving the technical documentation over the last two years. While the entire project has taken longer than any of the parties anticipated, the project is nearly complete. Microsoft should produce the final system documents in June 2009."

However, it adds that the Technical Committee (TC) will need time to review, and "thoroughly scrub", the technical documentation.

Hence, in this joint status report, the plaintiffs conclude, and Microsoft concurs, that an 18 month extension of the Final Judgment, through May 12, 2011, is appropriate and necessary.

The District Court will hold a status conference on April 22, 2009. See also, DOJ release.

House Intelligence Committee Examines NSA Compliance with FISA

4/16. Rep. Sylvestre Reyes (D-TX), the Chairman of the House Intelligence Committee (HIC), released a statement regarding the recent publication of news stories in the New York Times, Wall Street Journal, and other newspapers regarding the National Security Agency (NSA) and e-mail and phone surveillance under the Foreign Intelligence Surveillance Act (FISA).

He wrote that the HIC "was informed of a compliance issue involving NSA and has been aggressively looking into the matter since that time. To date, the Committee has held four separate oversight sessions, and I guarantee that the Committee will continue its inquiry and will be actively involved in monitoring this issue."

Rep. Roy Blunt (R-MO), a member of the HIC, released a statement in which he wrote that "Reports that the National Security Agency may have overstepped reasonable limits established by Congress have already received serious attention at the Intelligence Committee this year. Americans reading today's media reports have a right to be concerned."

He added that "It is important that Republicans and Democrats work together to exercise vigilant oversight of these important surveillance programs, while giving our intelligence community the room to protect our nation. I have full confidence in our intelligence officials but know they, as with any government agency, need the full confidence of the American people to successfully carry out their mission."

Neither the NSA nor the Department of Justice (DOJ), or its National Security Division (NSD) or Office of the Inspector General (OIG), have publicly released any reports regarding this matter.

The ACLU's Jameel Jaffer stated in a release that "These revelations are as alarming as they are predictable".

He said that the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, passed by the Congress last year, "set virtually no limits on the government's eavesdropping authority, but it appears that the NSA has disregarded even what minimal limits existed."

He added that "The new law should have ensured that the government’s surveillance powers would be subject to meaningful judicial oversight. Instead the new law allowed the NSA to operate without the safeguards that the Constitution requires."

The 2008 Act was HR 6304 [LOC | WW] in the 110th Congress. It is now Public Law No. 110-261.

More News

4/17. The Copyright Office (CO) and the U.S. Patent and Trademark Office (USPTO) published a second notice in the Federal Register announcing their notice of inquiry (NOI) regarding facilitating access to copyrighted works for blind or disabled people. See, Federal Register, April 17, 2009, Vol. 74, No. 73, at Page 17884. See also, original notice in the Federal Register, March 26, 2009, Vol. 74, No. 57, at Pages 13268-13270. The comment deadlines remain unchanged. Initial comments are due by 5:00 PM on April 21, 2009. Reply comments are due by 5:00 PM on May 4, 2009. What is new in the second notice is the announcement that the CO has created an interactive web page for the purpose of enabling online comments.

4/14. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its NIST IR 7511 [41 pages in PDF] titled "Security Content Automation Protocol (SCAP) Version 1.0 Validation Program Test Requirements (DRAFT)". The NIST did not request comments on this draft.

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In This Issue
This issue contains the following items:
  Swedish Criminal Court Convicts Pirate Bay Operators
  DHS Privacy Office Seeks Comments on Government Use of Social Media
  Microsoft and DOJ Agree on Further Extension of Section III.E of Final Judgment
  House Intelligence Committee Examines NSA Compliance with FISA

Washington Tech Calendar
New items are highlighted in red.
Friday, April 17

The House will not meet the week of April 6-10 or 13-17. It will next meet at 2:00 PM on April 21, 2009. See, HConRes 93.

The Senate will not meet the week of April 6-10 or 13-17. It will next meet on April 20, 2009, at 2:00 PM, at which time it may begin consideration of S 386 [LOC | WW], the "Fraud Enforcement and Recovery Act".

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in NCTA v. FCC, App. Ct. No. 08-1016 and 08-1017. Judges Tatel, Garland and Silberman will preside. This is the challenge by the NCTA and apartment owners to the FCC's MDU order, that asserts regulatory authority over the content of contracts negotiated by owners of multiple dwelling units (MDUs), such as apartment buildings, and cable companies. The FCC asserted authority under Subsection 628(b) of the Communications Act, which is codified at 47 U.S.C. 548(b). The order, adopted on October 31, 2007, is FCC 07-189 in MB Docket No. 07-51. See, stories titled "FCC Adopts R&O Abrogating Contracts Between MDU Owners and Cable Companies" and "Commentary on FCC's R&O Regarding MDU Owners and Cable Companies" in TLJ Daily E-Mail Alert No. 1,669, November 5, 2007. See, FCC's brief [68 pages in PDF]. Location: Courtroom 11, 333 Constitution Ave.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Alvin Lou Media, Inc. v. FCC, App. Ct. No. 08-1067. Judges Ginsburg, Rogers and Kavanaugh will preside. See, FCC's brief [80 pages in PDF]. Location: 333 Constitution Ave.

9:30 AM - 4:15 PM. The Federal Trade Commission (FTC) will hold another in its series of hearings regarding the market for intellectual property. See, agenda [PDF]. Location: FTC, 601 New Jersey Ave., NW.

Deadline to submit initial comments to the The Federal Communications Commission (FCC) in response to its Public Notice [4 pages in PDF] regarding its implementation of Subsections 103(b) and 103(c)(1) of the Broadband Data Improvement Act (BDIA). President Bush signed S 1492 [LOC | WW], the BDIA, into law on October 10, 2008. It is now Public Law No. 110-385.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking [25 pages in PDF] regarding extending until June 30, 2010, the freeze of Part 36 category relationships and jurisdictional cost allocation factors used in jurisdictional separations. This freeze is set to expire on June 30, 2009. This NPRM is FCC 09-24 in CC Docket No. 80-286. See, notice in the Federal Register, April 3, 2009, Vol. 74, No. 63, at Pages 15236-15239.

Monday, April 20

The House will not meet.

The Senate will meet at 2:00 PM. It may begin consideration of S 386 [LOC | WW], the "Fraud Enforcement and Recovery Act".

POSTPONED. 12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property and Legislative Practice Committees, and the DC Chapter of the Copyright Society of the U.S.A. will host a brown bag lunch titled "Communications and Copyright in the 111th Congress". The FCBA has a history of excluding persons from its lunches. Location: NCTA, 25 Massachusetts Ave., NW.

6:00 - 9:15 PM. The DC Bar Association will host the first part of a three part series titled "Preserving Intellectual Property Rights in Goverment Contracts". The speakers will include David Bloch (Winston & Strawn), Richard Gray (Department of Defense), John Lucas (Department of Energy), and James McEwen (Stein McEwen). The price to attend ranges from $89 to $129 per part, or $169 to $299 for the series. See, notice. This event qualifies for continuing legal education credits. The DC Bar Association has a history of excluding persons from its events. For more information, call 202-626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

Tuesday, April 21

The House will return from its two week Easter District Work Period.

8:00 AM - 3:30 PM. The Motion Picture Association of America (MPAA) will host an event titled "American Creativity at Work". For more information, contact 202-378-9118.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Verizon Washington DC v. Communications Workers of America, App. Ct. No. 08-7092. Judges Ginsburg, Rogers and Kavanaugh will preside. Location: 333 Constitution Ave., NW.

10:00 AM - 12:00 NOON. The Heritage Foundation will host an event titled "The Taiwan Relations Act's Enduring Legacy on Capitol Hill". The speakers will include Rep. Shelley Berkley (D-NV). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on the Courts and Competition Policy and the Internet will hold a hearing titled "A New Age for Newspapers: Diversity of Voices, Competition and the Internet". See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar conducted by Matt Osborne (DOJ) on his paper titled "Consumer Inventory Behavior, Price Sensitivity and Its Implications for Price Elasticities and Consumer Welfare". To request permission to attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: Bicentennial Building, 600 E St., NW.

2:00 - 3:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Copyright, Content and Class Action Lawsuits: A Debate on the Google Book Search Settlement". Location: Room LJ 162, Thomas Jefferson Building, Library of Congress, Independence Ave., NW.

2:00 - 4:00 PM. The Department of State's (DOS) Advisory Committee on International Economic Policy (ACIEP) will meet. See, notice in the Federal Register, March 30, 2009, Vol. 74, No. 59, at Page 14181. Location: DOS, Room 1107, 2201 C St., NW.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on pending nominations, including those of Sherburne Abbott (to be Associate Director of the Office of Science and Technology Policy in the Executive Office of the President), Peter Appel (Administrator of the Research and Innovative Technology Administration at the Department of Transportation), and April Boyd (Assistant Secretary for Legislative and Intergovernmental Affairs at the Department of Commerce). See, notice. Location: Room 253, Russell Building.

2:30 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Terrorism and Homeland Security will hold a hearing titled "Protecting National Security and Civil Liberties: Strategies for Terrorism Information Sharing". Sen. Ben Cardin (D-MD) will preside. The witnesses will be Zoe Baird (Markle Foundation), former Sen. Slade Gorton (R-WA), Thomas Manger (Chief of Police of Montgomery County Maryland), and Caroline Frederickson (ACLU). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

Deadline to submit initial comments to the Copyright Office (CO) and the U.S. Patent and Trademark Office (USPTO) in response to their notice of inquiry (NOI) regarding facilitating access to copyrighted works for blind or disabled people. See, notice in the Federal Register, March 26, 2009, Vol. 74, No. 57, at Pages 13268-13270.

Wednesday, April 22

Day one of a two day convention hosted by the Consumer Electronics Association (CEA) titled "CEA Washington Forum". Location: JW Marriott.

9:00 AM - 4:00 PM. The American Enterprise Institute (AEI) will host an event titled "High-Skilled Immigration in a Globalized Labor Market". See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Reform of the Federal Communications Commission". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee (SHSGA) will hold a hearing on pending nominations, including that of John Morton to be Assistant Secretary for Immigration and Customs Enforcement at the Department of Homeland Security (DHS). See, notice. Location: Room 342, Dirksen Building.

10:30 AM. The U.S. District Court (DC) will hold a status conference in US v. Microsoft, D.C. No. 98-1232, and New York v. Microsoft, D.C. No. 98-1233. Judge Colleen Kotelly will preside. Location: Courtroom 28A.

12:00 NOON - 6:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Engineering Advisory Committee. See, notice in the Federal Register, April 1, 2009, Vol. 74, No. 61, at Page 14821. Location: NSF, 4201 Wilson Boulevard, Suite 1235, Arlington, VA.

1:00 PM. The House Small Business Committee (HSBC) will hold a hearing titled "The Importance of Technology in an Economic Recovery". Location: Room 2360, Rayburn Building.

6:00 - 9:15 PM. The DC Bar Association will host the second part of a three part series titled "Preserving Intellectual Property Rights in Goverment Contracts". The speakers will be David Bloch (Winston & Strawn), Richard Gray (Department of Defense), John Lucas (Department of Energy), and James McEwen (Stein McEwen). The price to attend ranges from $89 to $129 per part, or $169 to $299 for the series. See, notice. This event qualifies for continuing legal education credits. The DC Bar Association has a history of excluding persons from its events. For more information, call 202-626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

Thursday, April 23

8:00 AM - 12:00 NOON. Day two of a two day meeting of the National Science Foundation's (NSF) Engineering Advisory Committee. See, notice in the Federal Register, April 1, 2009, Vol. 74, No. 61, at Page 14821. Location: NSF, 4201 Wilson Boulevard, Suite 1235, Arlington, VA.

10:00 AM. The Senate Banking Committee (SBC) will hold a hearing on pending nominations, including that of David Cohen to be Assistant Secretary for Terrorist Financing at the Department of the Treasury (DOT). See, notice. Location: Room 538, Dirksen Building.

12:00 NOON - 5:00 PM. The Center for Democracy and Technology (CDT) will host an event titled "State of the Mobile Net". There will be panels titled "What is the Mobile Net? Understanding the Mobile Net Ecosystem", "Spectrum: Is the Lifeblood of the Mobile Net Running Dry?", "Mobile Network Infrastructure Trends", "Cloud Computing and Emerging Business Models in the Mobile Space", "Privacy on the Go", and "What Policy Framework Will Enable Innovation on the Mobile Net?". See, agenda. Location: Hyatt Regency Capitol Hill.

8:30 AM - 5:00 PM. Day one of a two day meeting of the Judicial Conference of the United States' Advisory Committee on Rules of Evidence. This meeting is open to the public for observation, but not participation. See, notice in the Federal Register, January 26, 2009, Vol. 74, No. 15, at Page 4459. Location: Thurgood Marshall Federal Judiciary Building, One Columbus Circle, NE.

1:00 - 3:00 PM. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "The Role of the SBIR and STTR Programs in Stimulating Innovation at Small High-Tech Businesses". The Department of Defense (DOD) administers the Small Business Innovation Research (SBIR) program and the Small Business Technology Transfer (STTR) program. See, DOD SBIR/STTR web page. The witnesses will be Robert Berdahl (Association of American Universities), Jim Greenwood (Biotechnology Industry Organization), Sally Rocky (National Institutes of Health), and Jerry Glover (Small Business Technology Council). The HSC will webcast this hearing. Location: Room 2318, Rayburn Building.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host an untitled seminar by Lanier Benkard (Stanford University). He is an economist who has written extensively about competition and mergers. Location: FTC, New Jersey Ave. Building, Room 4100.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers and Wireline Practice Committees will host an event titled "Happy Hour". For more information, contact Matt Gerst at mgerst at ctia dot org. Location: Poste Moderne Brasserie, 555 8th St., NW.

Day two of a two day convention hosted by the Consumer Electronics Association (CEA) titled "CEA Washington Forum". Location: JW Marriott.

The Consumer Electronics Association (CEA) will host an event titled "Digital Patriots Dinner". Location: JW Marriott.

Deadline for the Federal Communications Commission (FCC) to respond to letter [PDF] from leaders of the House Commerce Committee (HCC) requesting data about subsidies disbursed under the FCC's universal service high cost program. See, story titled "House Commerce Committee Seeks FCC Data on High Cost Universal Service" in TLJ Daily E-Mail Alert No. 1,922, April 6, 2009.

Friday, April 24

8:30 AM - 5:00 PM. Day two of a two day meeting of the Judicial Conference of the United States' Advisory Committee on Rules of Evidence. This meeting is open to the public for observation, but not participation. See, notice in the Federal Register, January 26, 2009, Vol. 74, No. 15, at Page 4459. Location: Thurgood Marshall Federal Judiciary Building, One Columbus Circle, NE.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Comcast v. FCC, App. Ct. No. 08-1114. Judges Ginsburg, Kavanaugh and Randolph will preside. This case is a challenge to the Federal Communications Commission's (FCC) cable horizontal and vertical ownership limits. See, FCC's brief [PDF]. Location: 333 Constitution Ave., NW.

10:30 AM. The Heritage Foundation will host an event titled "American Leadership and the China Challenge in Southeast Asia". The speakers will include Dennis Wilder (Brookings Institution), Dan Blumenthal (American Enterprise Institute), Renato Cruz de Castro (De La Salle University, Manila), and Walter Lohman (Heritage). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host an event titled "ICANN & Internet Governance: How Did We Get Here & Where Are We Heading?". The speakers will include Michael Palage. Lunch will be served. See, notice and registration page. Location: Room 2123, Rayburn Building, Capitol Hill.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Wireline Practice Committee and the DC Bar Association's Computer and Telecommunications Law Section will host a brown bag lunch titled "Emerging Issues in Online Behavioral Advertising". The speakers will be Peder Magee (FTC), Genie Barton (US Telecom Association), Alison Pepper (Interactive Advertising Bureau), Ari Schwartz (Center for Democracy and Technology), Heidi Salow (DLA Piper), and K.C. Halm (Davis Wright Tremaine). Both the FCBA and the DC Bar have a history of excluding people from their lunches. Location: DLA Piper, 500 8th St., NW.

Deadline to submit applications to participate in the Department of Commerce's (DOC) International Trade Administration's (ITA) U.S. and Foreign Commercial Service's (USFCS) Cable Television Trade Mission to Seoul, South Korea. See, notice in the Federal Register, March 11, 2009, Vol. 74, No. 46, at Pages 10548-10550.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking [25 pages in PDF] regarding extending until June 30, 2010, the freeze of Part 36 category relationships and jurisdictional cost allocation factors used in jurisdictional separations. This freeze is set to expire on June 30, 2009. This NPRM is FCC 09-24 in CC Docket No. 80-286. See, notice in the Federal Register, April 3, 2009, Vol. 74, No. 63, at Pages 15236-15239.

Deadline for consumer electronics retailers to respond to one letter [PDF], and for consumer electronics manufacturers to respond another letter [PDF], from Rep. Henry Waxman (D-CA) and Rep. Rick Boucher (D-VA), requesting data and information regarding the supply of coupon eligible converter boxes.