6/11. The House Judiciary Committee's (HJC) Subcommittee on the Constitution amended and approved HR 984 [LOC | WW], the "States Secret Protection Act", by voice votes.

It was a brief meeting, in part because the Subcommittee had a bare reporting quorum, which would have been lost if members had taken the time to debate the bill. Opponents of the bill did not take advantage of this circumstance to delay consideration of the bill.

Meanwhile, the Senate Judiciary Committee (SJC) held an executive business meeting at which it once again held over consideration of S 417 [LOC | WW], its version of the "States Secret Protection Act", as well as HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009". (These bills are related to the extent that they deal with government efforts to suppress information in judicial proceedings and news media publications.) These items are again on the agenda for the SJC's next executive business meeting, scheduled for Thursday, June 18.

The state secrets privilege is a judicial privilege, belonging to the executive, against disclosure of information in judicial processes, that may harm national security.

The privilege is not inherently a technology related doctrine. Also, it is invoked in some cases, such as those involving rendition of terrorists to foreign governments, that are not technology related. However, it is also invoked in cases that do involve information and communications technologies (ICT), such as suits involving warrantless wiretaps. Moreover, it is a privilege that is likely to be asserted by the government in future ICT related litigation.

The Obama administration's Department of Justice (DOJ) continues to assert the state secrets privilege in the same manner as did the Bush administration's DOJ, in cases such as Jewell v. NSA. See, for example, the April 3, 2009, the Department of Justice's (DOJ) motion to dismiss and memorandum in support [36 pages in PDF] in Jewell v. NSA, a case against the NSA, DOJ, Eric Holder and others, arising out of the NSA's warrantless wiretap program. See also, story titled "Holder Advocates Some Constitutional Principles" in TLJ Daily E-Mail Alert No. 1,927, April 15, 2009.

House Subcommittee Markup. Rep. Jerrold Nadler (D-NY), the Subcommittee Chairman, presided at the June 11 mark up.

Nadler (at right) said that there has been "executive abuse of the privilege", and that there are "rights without remedies" when the government can "hide behind" state secrets claims, and secure dismissal of a case upon the mere assertion of the state secrets privilege.

He argued that "the executive cannot become the judge of its own conduct". He added that "that is the definition of tyranny".

Rep. James Sensenbrenner (R-WI) said that "this is a terrible bill". He did not make a detailed statement. He entered a prepared statement into the record, for the sake of saving time, and preserving a reporting quorum.

Sensenbrenner (at left) wrote in his prepared statement that "The roots of the state secrets privilege extend all the way back to Chief Justice Marshall, the author of Marbury v. Madison, who held that the government need not produce any information that would ``endanger the public safety.´´"

He added that the states secrets privilege "is a long-standing legal doctrine the Supreme Court most recently described in a case called United States v. Reynolds."

Rep. Sensenbrenner continued that "H.R. 984 would preclude judges from giving weight to the executive branch's assessment of national security. It would authorize courts not to use ex parte proceedings in conducting a review of privilege claims. And it would prevent courts from being able to dismiss a case when the government cannot defend itself without using privileged information."

He added that "The Obama Administration is clearly not enamored with the approach of this legislation, as it has adhered in court to the doctrine as asserted by the previous Administration in at least three cases already."

"This legislation goes in exactly the wrong direction. So much so, that even President Obama, Vice President Biden, and Secretary of State Clinton are running away from it. We should, too", said Rep. Sensenbrenner.

The Subcommittee approved a short amendment limiting interlocutory appeals. Rep. Sensenbrenner said that it is a good amendment, but still a bad bill.

The Subcommittee approved the amendment by voice vote, and then the bill as amended, by voice vote. There were votes in opposition, but no one requested a roll call vote.

The SJC held a hearing on this issue, in the 110th Congress, on February 13, 2008. On August 1, 2008, the SJC passed its earlier version of this bill, S 2533 [LOC | WW]. However, the full Senate did not take it up. The House did not pass it either.

The HJC's Subcommittee on the Constitution held a hearing on June 4, 2009.

See also, stories titled "Senate Judiciary Committee to Consider State Secrets Bill" and "9th Circuit Rules in State Secrets Case" in TLJ Daily E-Mail Alert No. 1,927, April 29, 2009.

Sensenbrenner, Reynolds and Remedies. Rep. Sensenbrenner makes much of the Supreme Court's opinion in U.S. v. Reynolds, 345 U.S. 1 (1953). Yet, there is a fundamental difference between the government's use of the privilege then and now.

That case involved the tort claims of three widows of civilian crew members of a U.S. Air Force B-29 aircraft that crashed. The government, citing the state secrets privilege, refused to produce accident reports. The Supreme Court recognized the state secrets privilege. But, the widows wanted compensation, and they got compensation.

In recent cases in which the government has asserted the state secrets privilege, the government's purpose, and the legal consequence, is not merely the withholding of information, but also the denial of the plaintiffs' right to seek a remedy.

In Reynolds, the District Court ordered production, the government refused, and the District Court entered judgment in favor of the plaintiffs. The Court of Appeals affirmed. The Supreme Court reversed the judgment of the District Court, and recognized the privilege, but the government nevertheless entered into a financial settlement with the widows. They obtained a remedy.

The government now asserts the privilege, in cases such as those arising out of warrantless wiretapping, not only to prevent the disclosure of information, but to terminate the litigation without affording the plaintiff any chance to seek a remedy or relief. Unlike in Reynolds, the government now uses the state secrets privilege to convert what may be actionable claims into de facto damnum absque injuria -- harms for which there is no legal remedy.

In the future, government electronic surveillance, voice communications intercepts, seizure of stored data, access to computer systems, encryption regulation, and other actions may give rise to legal claims under the 4th Amendment, Wiretap Act, Stored Communications Act, Foreign Intelligence Surveillance Act (FISA), and other laws.

Whether or not the States Secret Protection Act is enacted, and what it ultimately provides, may determine whether many of these claims are actually litigated.

6/11. Rep. Melissa Bean (D-IL) and others introduced HR 2826  [LOC | WW], the "Family Work Flexibility Act of 2009" a bill to amend the Internal Revenue Code to provide employers, but not employees, a vaguely worded tax credit for the teleworking equipment.

This bill would add a new Section 45R, titled "Teleworking Equipment Credit", to Title 26, the tax code.

This bill would provide that "In the case of an employer, the teleworking credit determined under this section is an amount equal to (1) the cost of qualified teleworking equipment placed in service by the taxpayer during the taxable year, and (2) the amount of expenses paid or incurred by the taxpayer during the taxable year to maintain qualified teleworking equipment."

The credit is capped. "The credit determined under this section for a taxable year shall not exceed the lesser of (1) $500 with respect to each teleworking employee of the employer, or (2) $50,000."

It defines "teleworking employee" as "any employee of the taxpayer who performs services for the taxpayer under an arrangement under which the employee teleworks for the taxpayer at least 20 hours per week during the taxable year".

This would effectively eliminate costs and expenses associated with employees who telework one or two days per week. It would also eliminate costs and expenses associated with workers who telework most of the time, but during some weeks are present at an office.

Also, this bill provides no tax relief to workers who incur teleworking costs or expenses.

It does not even provide that the IRS cannot tax as income to the employee the cost of equipment or services provided to them by employers to enable teleworking.

The bill defines "qualified teleworking equipment" as "telecommunication equipment ... which is used to enable employees of the taxpayer to telework ... the original use of which begins with the taxpayer".

It does not specify what is "telecommunications equipment". It does not state whether it includes computers, blackberries, home networking equipment, or productivity software. If this bill were enacted as is, the vagueness of this language could be significant.

The Internal Revenue Service (IRS), which would implement and enforce it, has a history of construing plain statutory language contrary to its plain meaning to increase telecommunications related tax revenues, as for example, with respect to the Section 4251 3% excise tax on certain communications services, and the use of Section 280F to tax individuals for work related cell phones and other devices.

The IRS long applied 26 U.S.C. § 4251 to communications services not covered by the statute, even after numerous Courts of Appeals rejected, and even ridiculed, its interpretation. See for example, story titled "IRS Announces It Will Cease Its Illegal Collection of Excise Taxes on Phone Service" in TLJ Daily E-Mail Alert No. 1,379, May 26, 2006, and story titled "IRS Announces That It Will Violate Court of Appeals Ruling Regarding Excise Tax on Phone Service" in TLJ Daily E-Mail Alert No. 1,241, October 27, 2005.

The IRS's Section 280F regime involves 26 U.S.C. § 280F(d)(4) and 26 U.S.C. § 274(d). See for example, stories titled "IRS Initiative Taxes Employees for Use of Work Cell Phones and Other Devices", "Bills Introduced to Stop IRS from Taxing Employees for Work Cell Phones and Other Devices", and "Commentary: Excise Tax and 280F Regime Compared" in TLJ Daily E-Mail Alert No. 1,745, April 11, 2008.

The bill was referred to the House Ways and Means Committee (HWMC).

The other original cosponsors of the bill are Rep. Andre Carson (D-IN), Rep. Ciro Rodriquez (D-TX), Rep. Steve Israel (D-NY), Rep. Tim Ryan (D-OH), Rep. Jim Himes (D-CT), and Rep. Carol Porter (D-NH). None are members of the HWMC. None are Republicans.

Most represent suburbs of large metropolitan areas. Rep. Bean (at right) represents the Illinois 8th District, in the Chicago suburbs. Rep. Israel (New York 2nd) and Rep. Himes (Connecticut 4th) represent Long Island and Southwest Connecticut suburbs of the New York metropolitan area.

Rep. Porter represents the New Hampshire 1st District, which includes outer suburbs of the Boston area. Rep. Rodriquez represents the Texas 23rd District, which includes suburbs of El Paso and San Antonio, and vast tracts of sparsely populated areas in between. Rep. Ryan represents the Ohio 17th District in Northeast Ohio. Rep. Carson represents the Indiana 7th District, which includes part of Indianapolis.

6/12. The Office of the U.S. Trade Representative (OUSTR) announced in a release that the Obama administration "plans to move forward with the negotiation of an Anti-Counterfeiting Trade Agreement (ACTA)", and that trade negotiators will next meet in July in Morocco.

USTR Ron Kirk stated in this release that "The ACTA negotiations provide an opportunity to toughen international standards for the enforcement of intellectual property rights, making it harder for counterfeit and pirated products to enter our country, and making the world safer for the innovation and creativity that are so critical to the U.S. economy".

Several groups have expressed opposition to the proposed ACTA, expressed concerns about possible provisions of the ACTA, complained about the secrecy of the process by which it is being negotiated, or complained that the ACTA is an end run around the legislative process.

Kirk asserted in this release that the process is transparent. See also, story titled "Transparency: EFF and PK Complain About OUSTR's Secret ACTA" in TLJ Daily E-Mail Alert No. 1,935, May 6, 2009.

This release adds that "The participants in the ACTA negotiations will next meet in Morocco in July to continue their discussions with a goal of reaching an agreement in 2010."

The OUSTR release concludes that the goal is "combating global infringements of intellectual property rights (IPR), particularly in the context of counterfeiting and piracy, by increasing international cooperation, strengthening the framework of practices that contribute to effective enforcement, and strengthening relevant IPR enforcement measures themselves."

The OUSTR has not released any draft ACTA agreements. However, on April 6, 2009, it released a document [6 pages in PDF] titled "The Anti-Counterfeiting Trade Agreement -- Summary of Key Elements Under Discussion". See also, story titled "OUSTR Releases Summary of Proposed ACTA" in TLJ Daily E-Mail Alert No. 1,925, April 13, 2009.

See also, stories titled "OUSTR to Hold Meeting on Anti-Counterfeiting Trade Agreement" in TLJ Daily E-Mail Alert No 1,828, September 19, 2008; "OUSTR Holds Meeting Regarding ACTA" in TLJ Daily E-Mail Alert No 1,830, September 23, 2008;  "Senators Ask USTR Not to Negotiate Too Broad an ACTA" in TLJ Daily E-Mail Alert No. 1,837, October 2, 2008; and "US, EU, Japan and Others to Negotiate Anti-Counterfeiting Trade Agreement" in TLJ Daily E-Mail Alert No. 1,660, October 23, 2007.

11/3. The U.S. District Court (NDOhio) sentenced Vaden Anderson to serve 21 months in prison in connection with his recent plea of guilty to violation of the Telephone Records and Privacy Act of 2006, which is codified at 18 U.S.C. § 1039(a)(3). See, Department of Justice (DOJ) release.

The indictment charged that Anderson knowingly and intentionally obtained and attempted to obtain confidential telephone records information from Sprint Nextel by serving a fictitious U.S. District Court civil subpoena.

He was indicted on December 30, 2008. See story titled "DOJ Obtains Indictment Under Federal Anti-Pretexting Statute" in TLJ Daily E-Mail Alert No. 1,880, January 8, 2009. He entered a guilty plea on March 11, 1009.

This case represents the first indictment brought under the "Telephone Records and Privacy Act of 2006". It was enacted, in part, as a response to the Hewlett Packard pretexting scandal. See, stories in TLJ Daily E-Mail Alert No. 1,462, October 5, 2006, and TLJ Daily E-Mail Alert No. 1,463, October 6, 2006.

This Act was HR 4709 in the 106th Congress. It was signed into law on January 12, 2007. It is now Public Law No. 109-476.

This case is U.S.A. v. Vaden Anderson, U.S. District Court for the Northern District of Ohio, Eastern Division, D.C. No. 1:08CR528, Judge Boyko presiding.

6/11. The Senate Judiciary Committee (SJC) approved the nomination of Gerard Lynch to be a Judge of the U.S. Court of Appeals for the 2nd Circuit.

6/11. The Senate Judiciary Committee (SJC) approved the nomination of Mary Smith to be Assistant Attorney General in charge of the Department of Justice's (DOJ) Tax Division.

6/11. The Senate Intelligence Committee approved the nomination of Robert Litt to be General Counsel of the Office of the Director of National Intelligence. See also, stories titled "Obama Picks Encryption Opponent for ODNI General Counsel", "What Robert Litt Had to Say About Encryption", and "TLJ Coverage of Encryption Policy Debates: 1998-2000" in TLJ Daily E-Mail Alert No. 1,929, April 20, 2009.

The House will meet at 12:30 PM for morning hour, and at 2:00 PM. for legislative business. Votes will be postponed until 6:30 PM. It will consider HR 780 [LOC | WW], the "Student Internet Safety Act of 2009" under suspension of the rules. See, Rep. Hoyer's schedule for the week of June 15.

The Senate will meet at 1:45 PM.

12:00 NOON. The Cato Institute will host a panel discussion titled "Restoring the Pro-Trade Consensus". The speakers will be Rep. Henry Cuellar (D-TX) and Daniel Ikenson (Cato). See, notice and registration page. Lunch will be served. Location: Room B-340, Rayburn Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee, Wireless Telecommunications Practice Committee, and Young Lawyers Committee, will host a brown bag lunch titled "Bridging the Gap: Wireless 101 -- An Introduction to Wireless Technologies and Regulation". The speaker will be Tom Dombrowsky (engineering consultant at Wiley Rein). For more information, contact Cathy Hilke at chilke at wileyrein dot com or Micah Caldwell at mcaldwell at fh-law dot com. Location: Wiley Rein, 1776 K St., NW.

5:00 PM. The House Appropriations Committee's (HAC) Select Intelligence Oversight Panel will hold a closed hearing on appropriations for the National Security Agency (NSA). The witness will be John Inglis (Deputy Director of the NSA). Location: Room H-140, Capitol Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the petition for rulemaking [60 pages in PDF] filed by the American Bird Conservancy (ABC), Defenders of Wildlife and National Audubon Society. See, notice in the Federal Register, May 8, 2009, Vol. 74, No. 88, at Pages 21613-21614. See, FCC Public Notice of April 29, 2009 (DA 09-904), February 19, 2008 opinion [PDF] of the U.S. Court of Appeals (DCCir) in ABC v. FCC, and story titled "DC Circuit Vacates FCC Order Regarding Birds and Towers" in TLJ Daily E-Mail Alert No. 1,724, February 27, 2008. This relates to WT Docket Nos. 08-61 and 03-187.

Deadline to submit replies to oppositions to the Federal Communications Commission (FCC) in response to the petitions for partial reconsideration of the FCC's Second Report and Order and Order on Reconsideration (also know as the second internet based TRS order) filed by the Telecommunications for the Deaf and Hard of Hearing, Inc. and the TDI Coalition, and by GoAmerica, Inc. The FCC adopted and released this second internet based TRS order [47 pages in PDF] on December 19, 2009. It is FCC 08-275 in CG Docket No. 03-123 and WC Docket No. 05-196. See, notice in the Federal Register, May 20, 2009, Vol. 74, No. 96, at Pages 23715-23716.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its public notice regarding commercial programming on school buses. This public notice is DA 09-913 in MB Docket No. 09-68.

The House will meet at 10:30 AM for morning hour, and at 12:00 NOON for legislative business. The schedule for the week includes consideration of HR 2847, [LOC | WW], the "Commerce, Justice, Science, and Related Agencies Appropriations Act", and HR __, the "Homeland Security Appropriations Act, 2010". See, Rep. Hoyer's schedule for the week of June 15.

7:15 AM - 4:00 PM. Symantec will host an event titled "Symantec Government Symposium 2009". The speakers may include Sen. Mark Warner (D-VA). Mischel Kwon (US-CERT Director) will speak at 9:30 AM. See, registration page. Location: Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

9:00 AM - 4:30 PM. The Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Judges Panel of the Malcolm Baldrige National Quality Award will hold a closed meeting. See, notice in the Federal Register: May 27, 2009, Vol. 74, No. 100, at Page 25220. Location: NIST, Administration Building, Lecture Room B, Gaithersburg, MD.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet will hold a hearing titled "The Satellite Home Viewer Act". The witnesses will be Preston Padden (Disney), Mike Mountford (NPS LLC), Paul Karpowicz (Meredith Corporation), Derek Chang (Directv), and Stanton Dodge (Dish Network). See, notice and draft of HR  __ [10 pages in PDF], the "Satellite Home Viewer Extension and Reauthorization Act". Location: Room 2322, Rayburn Building.

10:30 AM - 2:30 PM. The Federal Communications Commission (FCC) will hold a seminar for Auction 79, regarding 122 construction permits in the FM broadcast service. See, May 29, 2009, public notice (DA 09-152), and notice in the Federal Register, May 29, 2009, Vol. 74, No. 102, at Pages 25737-25744.

11:45 AM - 1:00 PM. Gary Shapiro, head of the Consumer Electronics Association (CEA), will speak. He will release the results of a national economic survey, announce something titled "Innovation Movement", and discuss legislative policy. Lunch will be served. For more information, contact David McGuire at 202-463-0013 x210.

2:00 PM. The House Science Committee (HSC) will hold a hearing titled "Agency Response to Cyberspace Policy Review". The witnesses will be Cita Furlani (NIST), Jeannette Wing (NSF), Robert Leheny (DARPA), and Peter Fonash (DHS). The HSC will webcast this event. Location: Room 2318, Rayburn Building.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar conducted by Daniel Benitez (World Bank) on his paper titled "Optimal Pre-Merger Notification Mechanisms, Incentives and Efficiency of Mandatory and Voluntary Schemes". 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.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on the nominations of Julius Genachowski and Robert McDowell to be members of the Federal Communications Commission (FCC). See, notice. Location: Room 253, Russell Building.

2:30 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing titled "Cell Phone Text Messaging Rate Increases and the State of Competition in the Wireless Market". The witness will be Randal Milch (Verizon Communications), Wayne Watts (AT&T Management Services, Inc.), Joel Kelsey (Consumers Union), and Laurie Itkin (Cricket Communications). The HJC will webcast this hearing. See, notice. Location: Room 226, Dirksen Building.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of June 15.

8:30 AM - 3:00 PM. The National Institute of Standards and Technology's (NIST) Board of Overseers of the Malcolm Baldrige National Quality Award will meet. See, notice in the Federal Register, May 5, 2009, Vol. 74, No. 85, at Pages 20683-20684, and notice in the Federal Register, May 15, 2009, Vol. 74, No. 93, at Pages 22887. Location: NIST, Administration Building, Lecture Room B, Gaithersburg, MD.

9:30 - 11:00 AM. The New America Foundation (NAF) will host a panel discussion titled "U.S.-China Policy Under Obama". The speakers will be Franklin Lavin (former U.S. Ambassador to Singapore) and Steve Clemons (NAF). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the U.S. Department of Justice". The witness will be Eric Holder (Attorney General). The HJC will webcast this hearing. See, notice. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 NOON. The Department of State's (DOS) Advisory Committee on Private International Law: Working Group I will meet to discuss the United Nations Commission for International Trade Law (UNCITRAL) initiative to revise the 1994 UNCITRAL Model Law on Procurement of Goods, Construction and Services. See, notice in the Federal Register, June 4, 2009, Vol. 74, No. 106, at Page 26914. Location: George Washington University Law School, Dean's Conference Room, 2000 H St., NW.

2:00 PM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on Information Policy, Census and National Archives will hold a hearing titled "Identity Theft: A Victims Bill of Rights". The witnesses will include Jason Weinstein (Deputy Assistant Attorney General in the DOJ's Criminal Division). Location: Room 2154, Rayburn Building.

2:00 PM. The Senate Appropriations Committee's (SAC) Subcommittee on Homeland Security will meet to mark of the appropriations bill the Department of Homeland Security (DHS) for FY 2010. Location: Room 192, Dirksen Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "The Consumer Wireless Experience". Location: Room 253, Russell Building.

3:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on International Organizations, Human Rights and Oversight will hold a hearing titled "TV Marti: A Station in Search of an Audience?". See, notice. Location: Room 2172, Rayburn Building.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Elvis Stumbergs at elvis dot stumbergs at fcc dot gov. Location: Marvin, 2007 14th St., NW.

6:30 PM. The Copyright Alliance and the Washington Area Lawyers for the Arts (WALA) will host a workshop titled "Copyright and Contract Basics". The speaker will be John Mason (Intellectual Property Group). Location: 4th floor, James Renwick Alliance Education Room, Artomatic building, 55 M St., SE.

Day one of a two day conference hosted by the American Antitrust Institute (AAI). See, notice. Location: National Press Club.

Day one of a three day event hosted by the American Intellectual Property Law Association (AIPLA) titled "Legal Secretaries and Administrators Conference". See, conference brochure [PDF]. Location: Westin Alexandria Hotel, Alexandria, VA.

Deadline for Webloyalty.com, Inc. and Vertrue, Inc. to respond to letters from Sen. Jay Rockefeller (D-WV) regarding e-commerce marketing practices. See, story titled "Senate Commerce Committee Investigates E-Commerce Marketing" in TLJ Daily E-Mail Alert No. 1,943, May 27, 2009.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of June 15.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade and Consumer Protection will hold a hearing titled "Behavioral Advertising: Industry Practices And Consumers’ Expectations". Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda yet again includes consideration of S 417 [LOC | WW], the "States Secret Protection Act", and HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009". See, stories titled "Senate Judiciary Committee to Consider State Secrets Bill" and "9th Circuit Rules in State Secrets Case" in TLJ Daily E-Mail Alert No. 1,933, April 29, 2009. The SJC rarely follows its published agendas. See, notice. Location: Room 226, Dirksen Building.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee, and Wireless Telecommunications Committee, will host a brown bag lunch titled "Adaptive Modulation for “Long Haul” Point-to-Point Microwave Relays -- a tool for improved spectrum efficiency or anticompetitive spectrum warehousing?". The speakers may include James Wolfson (President of X-DOT, Inc.), Scott Nelson (Alcatel-Lucent), and someone from the FCC's Wireless Telecommunications Bureau. For more information, contact Tami Smith at tsmith07 at sidley dot com or 202-736-8257. Location: Sidley Austin, 1501 K St., NW.

2:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Terrorism, Nonproliferation and Trade will hold a hearing titled "The Export Administration Act: A Review of Outstanding Policy Considerations". The witnesses will include John Engler (NAM), Arthur Shulman (Wisconsin Project on Nuclear Arms Control), and Owen Herrnstadt (International Association of Machinists and Aerospace Workers). See, notice. Location: Room 2172, Rayburn Building.

Day two of a two day conference hosted by the American Antitrust Institute (AAI). See, notice. Location: National Press Club.

Day two of a three day event hosted by the American Intellectual Property Law Association (AIPLA) titled "Legal Secretaries and Administrators Conference". See, conference brochure [PDF]. Location: Westin Alexandria Hotel, Alexandria, VA.

12:30 - 1:30 PM. The DC Bar Association will host a brown bag lunch titled "Investment in China and the Economic Slowdown ... Where Do We Go From Here?". The speakers will be Mark Michelson (APCO) and William Wilson (Wilson International Law). The price to attend ranges from $10 to $15. The DC Bar events are not open to the public. See, notice. Location: Wilson International Law, Suite 1220, 1101 17th St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the March 12, 2009, petition filed by Denali Spectrum License Sub, LLC asking the FCC to forbear from applying the unjust enrichment provisions of the FCC's competitive bidding rules. See, notice in the Federal Register, June 9, 2009, Vol. 74, No.109, at Pages 27318-27319.

The House may meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of June 15.

9:00 AM. The Internal Revenue Service's (IRS) Electronic Tax Administration Advisory Committee (ETAAC) will meet. See, notice in the Federal Register, May 29, 2009, Vol. 74, No. 102, at Pages 25811-25812. Location: IRS, Room 2116, 1111 Constitution Ave., NW.

Day three of a three day event hosted by the American Intellectual Property Law Association (AIPLA) titled "Legal Secretaries and Administrators Conference". See, conference brochure [PDF]. Location: Westin Alexandria Hotel, Alexandria, VA.

Deadline to submit comments to the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP) regarding how to increase openness and transparency in government. This relates to President Obama's January 21, 2009, memorandum entitled "Transparency and Open Government". See, notice in the Federal Register, May 21, 2009, Vol. 74, No. 97, at Pages 23901-23902.

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