9/28. The House Commerce Committee (HCC) will meet on Wednesday, September 30, 2009, to mark up HR 2221 [LOC | WW], the "Data Accountability and Trust Act" or "DATA" act, and HR 1319 [LOC | WW], the "Informed P2P User Act". See, notice.

Member have introduced bills on data security, privacy and breaches for years. Rep. Bobby Rush (D-IL) introduced the present bill on April 30, 2009. The HCC's Subcommittee on Commerce, Trade, and Consumer Protection held a hearing on May 5, 2009.

The Subcommittee approved an amendment in the nature of a substitute [35 pages in PDF] on June 3, 2009. See, story titled "House Commerce Subcommittee Marks Up Data Accountability and Trust Act" in TLJ Daily E-Mail Alert No. 1,948, June 4, 2009.

Section 1 of the bill provides its name. Section 5 of the bill (at pages 30-33) contains definitions. Section 7 of the bill (at page 35) sets its effective date -- one year after enactment. Section 8 of the bill (at pages 35) is an authorization for the appropriation of $1,000,000 per year for six years to the Federal Trade Commission (FTC) to implement the bill.

However, the four most important section of the bill are Section 2 (which imposes requirements for the management of information, affords individuals an opportunity to access and request correction of incorrect information, and bans pretexting by information brokers), Section 3 (which requires notices of certain data breaches), Section 4 (regarding enforcement), and Section 6 (regarding preemption).

Information Security. Section 2 of the bill (at pages 1-12) is titled "Requirements for Information Security".

It first requires the FTC to write regulations that require "each person engaged in interstate commerce that owns or possesses data containing personal information, or contracts to have any third party entity maintain such data for such person, to establish and implement policies and procedures regarding information security practices for the treatment and protection of personal information ..."

The bill further specifies in detail the necessary components of such "policies and procedures", including a "security policy with respect to the collection, use, sale, other dissemination, and maintenance of such personal information", a "process for identifying and assessing any reasonably foreseeable vulnerabilities in the system or systems", and a "process for disposing of obsolete data in electronic form containing personal information by shredding, permanently erasing, or otherwise modifying the personal information contained in such data to make such personal information permanently unreadable or undecipherable".

This section of the bill also regulates the activities of information brokers. For example, it provides that "Each information
broker shall establish reasonable procedures to assure the maximum possible accuracy of the personal information it collects, assembles, or maintains, and any other information it collects, assembles, or maintains that specifically identifies an individual, other than information which merely identifies an individual’s name or address."

Individuals' Access to and Correction of Their Information. Section 2 of the bill also provides individuals an opportunity to access, subject to enumerated exceptions, and to seek correction of, their personal information.

The bill states that "Each information broker shall ... provide to each individual whose personal information it maintains, at the individual’s request at least 1 time per year and at no cost to the individual, and after verifying the identity of such individual, a means for the individual to review any personal information regarding such individual maintained by the information broker and any other information maintained by the information broker that specifically identifies such individual, other than information which merely identifies an individual’s name or address".

Then, the bill provides that an individual who asserts that information about him is incorrect can seek correction, and the information broker must then either "correct any inaccuracy", in the case of public record information "inform the individual of the source of the information", or "in the case of information that is non-public information, note the information that is disputed, including the individual’s statement disputing such information, and take reasonable steps to independently verify such information".

However, the bill offers such individuals no private right of action against the information broker, to enforce the right of access, to obtain correction, to seek damages, or for any other remedy.

Ban on Pretexting. Section 2 of the bill also contains a ban on pretexting. This is a response, in part, to the Hewlett Packard (HP) pretexting scandal.

The bill in a subsection (a) provides that "It shall be unlawful for an information broker to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, personal information or any other information relating to any person by -- (i) making a false, fictitious, or fraudulent statement or representation to any person; or (ii) providing any document or other information to any person that the information broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained, or to contain a false, fictitious, or fraudulent statement or representation."

It further provides that "It shall be unlawful for an information broker to request a person to obtain personal information or any other information relating to any other person, if the information broker knew or should have known that the person to whom such a request is made will obtain or attempt to obtain such information in the manner described in subsection (a)."

The bill defines "information broker" as "a commercial entity whose business is to collect, assemble, or maintain personal
information concerning individuals who are not current or former customers of such entity in order to sell such information or provide access to such information to any nonaffiliated third party in exchange for consideration, whether such collection, assembly, or maintenance of personal information is performed by the information broker directly, or by contract or subcontract with any other entity."

This definition excludes all government agencies. However, it should be noted federal agencies are covered by, and sometimes comply with, the federal Privacy Act of 1974. It is codified at 5 U.S.C. § 552a.

This ban only regulates the activities of "an information broker". Hewlett Packard used third parties who engaged in pretexting activities and provided confidential information to HP. Hence, hypothetically, if Hewlett Packard's office of general counsel were to conduct its own pretexting, that would not run afoul of the prohibition in this bill.

However, it should be noted that in the wake of the HP pretexting scandal, the Congress criminalized pretexting to obtain confidential phone records. That prohibition was enacted in HR 4709 (109th Congress), the "Telephone Records and Privacy Act of 2006". That act was signed into law on January 12, 2007. It is now Public Law No. 109-476. It is codified at 18 U.S.C. § 1039.

18 U.S.C. § 1039 applies to "Whoever", not just to information brokers. On the other hand, it only covers "confidential phone records information of a covered entity", while the HR 2221 covers all "personal information".

For more information on pretexting, see stories titled "Summary of Existing Federal Laws Related to Pretexting", "Federal Criminal Statutes Related to Pretexting", "Civil and Administrative Actions by Federal Agencies Related to Pretexting", "Federal Private Rights of Action Related to Pretexting", and "FCC License Revocation, Renewal and Transfer Proceedings" in TLJ Daily E-Mail Alert No. 1,463, October 6, 2006.

See also, stories titled "California Charges Patricia Dunn and Others With Four Felonies", "Cingular Sues Pretexting Firm Involved in HP Scandal", and "Verizon Wireless Files John Doe Complaint Against HP's Pretexters" in TLJ Daily E-Mail Alert No. 1,462, October 5, 2006.

Data Breach Notification. Section 3 of the bill (at pages 12-25) is titled "Notification of Information Security Breach". It requires notification to affected individuals of certain data breaches.

It provides that "Any person engaged in interstate commerce that owns or possesses data in electronic form containing personal information shall, following the discovery of a breach of security of the system maintained by such person that contains such data  ... notify each individual who is a citizen or resident of the United States whose personal information was acquired by an unauthorized person as a result of such a breach of security", and notify the FTC.

It further provides that "If a telecommunications carrier, cable operator, or information service ... or an interactive computer service ... becomes aware of a breach of security during the transmission of data in electronic form containing personal information that is owned or possessed by another person utilizing the means of transmission of such telecommunications carrier cable operator, information service, or interactive computer service, such telecommunications carrier, cable operator, information service, or interactive computer service shall be required only to notify the person who initiated such transmission of such a breach of security if such person can be reasonably identified." That person or entity must then provide the basic notice, stated above.

Notifications for breaches must be made "as promptly as possible", unless a "law enforcement agency determines that the notification required under this section would impede a civil or criminal investigation" or a "national security agency or homeland security agency determines that the notification required under this section would threaten national or homeland security".

The bill also specifies the nature and content of breach notifications.

The bill also requires those providing notice of breaches to provide free and ongoing consumer credit reports, unless "there is no reasonable risk of identity theft, fraud, or other unlawful conduct". However, it further provides that "encryption of data in electronic form shall establish a presumption that no reasonable risk of identity theft, fraud, or other unlawful conduct exists following a breach of security of such data." Moreover, the bill provides for regulations to also cover "any additional security methodology or technology, other than encryption, which renders data in electronic form unusable, unreadable, or indecipherable".

Enforcement. Section 4 of the bill (at pages 25-30) is titled "Enforcement". It provides for civil enforcement by the FTC as an unfair and deceptive act or practice, and by state attorneys general.

It also gives the FTC authority to write implementing regulations. However, it provides that FTC regulations "shall not require the deployment or use of any specific products or technologies, including any specific computer software or hardware."

States have authority to bring civil actions in the U.S. District Court to "enjoin further violation", "compel compliance" and "obtain civil penalties". However, the bill also specifies limits on these civil penalties.

The bill also provides that if the FTC has initiated a civil action no state may bring an action "during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint". This leaves states free to initiate simultaneous actions that assert other causes of action, such as violation of state fraud or consumer protection statutes.

Preemption. Section 6 of the bill (at pages 33-35) addresses preemption of state law. It consists of weak, vague and confusing language that will incent some state legislatures to legislate in the area. If this bill is enacted as drafted, the question of whether state statutes are preempted will likely be litigated with frequency.

The bill provides that "This Act supersedes any provision of a statute, regulation, or rule of a State or political subdivision of a State, with respect to those entities covered by the regulations issued pursuant to this Act, that expressly (1) requires information security practices and treatment of data containing personal information similar to any of those required under section 2; and (2) requires notification to individuals of a breach of security resulting in unauthorized access to or acquisition of data in electronic form containing personal information."

The term "similar" lacks clarity.

The bill also provides an vague exception for "consumer protection law".  It provides that the preemption provision "shall not be construed to limit the enforcement of any State consumer protection law by an Attorney General of a State".

The bill also carves out exceptions to preemption for "State trespass, contract, or tort law" and "other State laws to the extent that those laws relate to acts of fraud".

The bill also provides that "No person other than the Attorney General of a State may bring a civil action under the laws of any State if such action is premised in whole or in part upon the defendant violating any provision of this Act."

The Congress, and especially the House Commerce Committee, when faced with members and constituent groups who are adamantly and diametrically opposed on an issue for which there is no middle ground, sometimes compromises by drafting confusing statutory language, leaving the matter to be repeatedly litigated over the ensuing decades before baffled judges.

9/28. The House Commerce Committee (HCC) will meet on Wednesday, September 30, 2009, to mark up HR 1319 [LOC | WW], the "Informed P2P User Act".

Rep. Mary Bono (R-CA) and others introduced this bill on March 5, 2009. The HCC held a hearing on the bill on May 5, 2009.

This bill would have the effect of requiring the makers of peer to peer software to include in their programs notice to users that their files can be copied, and which copies can be copied. It also would require these programs to obtain informed consent from users of the program before installation. It would also prohibit the peer to peer software maker from preventing the blocking of peer to peer software installation, or to fail to provide users an effective means to uninstall its peer to peer software.

The bill would give civil enforcement authority to the Federal Trade Commission (FTC) as an unfair or deceptive act or practice. This bill preempts no state laws.

This bill provides:

"It is unlawful for any person who is not an owner or authorized user of a protected computer to cause or induce an owner or authorized user of the protected computer to make files from a protected computer available to another computer through a peer-to-peer file sharing program without  --
   (1) immediately prior to the installation of such program -- (A) providing clear and conspicuous notice that such program allows files on the protected computer to be available for searching and copying by another computer; and (B) obtaining the informed consent to the installation of such program from an owner or authorized user of the protected computer; and
   (2) immediately prior to initial activation of a file sharing function of such program -- (A) providing clear and conspicuous notice of which files are to be made available to another computer; and (B) obtaining the informed consent from an owner or authorized user of the protected computer for such files to be made available."

It further provides:

"It is unlawful for any person who is not an owner or authorized user of a protected computer --
   (1) to prevent the reasonable efforts of an owner or authorized user from blocking the installation of a peer-to-peer file sharing program or function thereof; or
   (2) to fail to provide a reasonable and effective means to disable or remove from the protected computer any peer-to-peer file sharing program or function thereof that the person caused to be installed on that computer or induced another person to install."

Rep. Bono and other supporters of the bill have stated that the bill addresses the problem of inadvertent file sharing, and its impact upon security and privacy.

The bill defines "peer-to-peer file sharing program" as "computer software that allows the computer on which such software is installed -- (A) to designate files available for transmission to another computer, (B) to transmit files directly to another computer; and (C) to request the transmission of files from another computer".

This definition encompasses more programs than those that have resulted in inadvertent file sharing that harms the user's privacy or security.

Also, the bill applies to anyone who causes or induces, not just the maker of the software. This leaves uncertainty as to who might be penalized by the FTC.

9/24. Nellie Kroes, the European Commissioner for Competition Policy, Antitrust, and State Aid Control, gave a speech in New York City regarding antitrust enforcement by the European Commission (EC).

Kroes (at left) said that she finds allegations that the EC engages in "regulatory protectionism" "disturbing". She asserted that "our competition rules don't allow it".

She also referenced the EU's actions against Intel and Microsoft, but did not explain why the EC, rather than the US, is is making decisions to regulate and collect fines from these US companies.

She did state that "only 13 of the 180 companies fined by the European Commission in my term are based in the US". She also said that "it seems that technology prohibition cases get most of the U.S. headlines about our system".

See also, stories titled "Kroes Asserts that EC Antitrust Enforcement is Not Socialist" in TLJ Daily E-Mail Alert No. 1,740, April 1, 2008, and "Kroes Discusses EC's Global Regulation Goals" in TLJ Daily E-Mail Alert No. 1,722, February 25, 2008.

For more on Intel, see stories titled "European Commission Initiates Proceeding Against Intel Alleging Anticompetitive Behavior" in TLJ Daily E-Mail Alert No. 1,617, July 26, 2007; "EC Fines Intel One Billion Euros" in TLJ Daily E-Mail Alert No. 1,937, May 12, 2009; and "EC Releases Intel Decision" in TLJ Daily E-Mail Alert No. 1,986, September 22, 2009.

For more on Microsoft, see stories titled "European Commission Seeks 497 Million Euros and Code Removal from Microsoft" in TLJ Daily E-Mail Alert No. 863, March 25, 2004; "European Commission Releases Microsoft Decision" in TLJ Daily E-Mail Alert No. 883, April 23, 2004; "European Court of First Instance Rejects Key Parts of Microsoft's Appeal" in TLJ Daily E-Mail Alert No. 1,639, September 14, 2007; and "EC Demands More Money From Microsoft" in TLJ Daily E-Mail Alert No. 1,723, February 26, 2007.

9/28. The Government Accountability Office (GAO) released a report [76 pages in PDF] titled "Emergency Communications: National Communications System Provides Programs for Priority Calling, but Planning for New Initiatives and Performance Measurement Could Be Strengthened".

9/28. The Federal Communications Commission (FCC) released a Public Notice [4 pages in PDF] that requests comments on numerous topics, including public safety mobile wireless broadband networks, "Next Generation 911", cybersecurity, and emergency alert and warning systems. The FCC seeks answers to questions to assist it in drafting a document titled "National Broadband Plan", and for other purposes. This item is DA 09-2133 in GN Docket Nos. 09-47, 09-51, and 09-137; PS Docket Nos. 06-229, 07-100, and 07-114; WT Docket No. 06-150; CC Docket No. 94-102; and WC Docket No. 05-196. The deadline to submit comments is November 12, 2009.

9/28. The Federal Communications Commission (FCC) published a notice in the Federal Register that announces, describes, recites, and sets the effective date (October 28, 2009) for, its rules changes regarding the start date of Educational Broadband Service (EBS) excess capacity lease agreements, and permitting Broadband Radio Service (BRS) 1 and 2/2A licensees to simultaneously operate, post-transition, in the 2.1 GHz band and in the 2.5 GHz band. See, Federal Register, September 28, 2009, Vol. 74, No. 186, at Pages 49335-49338. The FCC also published a second notice in the Federal Register that announces, describes, and sets comment deadlines for its Notice of Proposed Rulemaking (NPRM) regarding requiring applicants that win Broadband Radio Service (BRS) licenses in Auction 86, and any subsequent auction, to demonstrate substantial service on or before four years from the date of license grant. Auction 86 is scheduled to begin on October 27, 2009. Initial comments are due by October 13, 2009. Reply comments are due by October 23, 2009. The FCC adopted this NPRM on September 8, 2009, and released the text on September 11, 2009. It is FCC 09-70 in WT Docket No. 03-66 and RM-10586. See, Federal Register, September 28, 2009, Vol. 74, No. 186, at Pages 49356-49359.

9/28. The Department of Homeland Security (DHS) published a notice in the Federal Register that announces, describes, recites, and sets the effective date for, its rules changes that extend the deadline (from October 11, 2009 to December 1, 2009) for states to seeking an extension of the date by which they begin to comply with the drivers license mandates of the REAL ID Act. See, Federal Register, September 28, 2009, Vol. 74, No. 186, at Page 49308-49309.

9/28. The U.S. District Court (SDTex) sentenced Joseph Hirko, who was previously an executive at Enron Broadband Services (EBS), to serve 16 months in prison, and pay $7 Million to the government. He previously pled guilty to wire fraud. See, DOJ release.

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The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. It will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for week of September 28, and schedule for September 29.

The Senate will meet at 11:30 AM. It will resume consideration of HR 3326 [LOC | WW], the "Department of Defense Appropriations Act, 2010".

Opening conference of the Supreme Court, October Term 2009. See, Supreme Court calendar.

8:00 - 10:00 AM. The TechAmerica and the Career College Association will host a panel discussion titled "Building the Health IT Workforce in an Era of Industry Reform". The speakers will include Rep. Allyson Schwartz (D-PA), Aneesh Chopra (federal Chief Technology Officer), and others. Breakfast will be served. Location: Room B-339, Rayburn Building, Capitol Hill.

8:30 AM - 5:00 PM. The Bureau of Industry and Security's (BIS) and MOFCOM's High Technology Working Group (HTWG) will meet. At 1:30 - 3:00 PM there will be a panel on information technology. See, agenda. Location: Ronald Reagan International Trade Center.

10:00 AM. The Senate Homeland Security and Government Affairs Committee's (SHSGA) Ad Hoc Subcommittee on Contracting Oversight will hold a hearing titled "Improving Transparency and Accessibility of Federal Contracting Databases". The witnesses will be Vivek Kundra (Federal Chief Technology Officer), Trey Hodgkins (TechAmerica), William Woods (GAO), and Adam Hughes (OMB Watch), See, notice. Location: Room 342, Dirksen Building.

1:00 PM. The Federal Communications Commission (FCC) will host an event titled "open meeting". The agenda [PDF] includes a staff report on the status of the FCC drafting of document titled "National Broadband Plan". See also, revised notice released on September 22. For more information, contact Jen Howard at 202-418-0506 or jen dot howard at fcc dot gov. Location: FCC, Commission Meeting Room, 445 12th St., SW.

6:00 - 9:15 PM. The DC Bar Association will host an event titled "How to Protect and Enforce Trademark Rights". The speakers will be Shauna Wertheim (Marbury Law Group) and Steven Hollman (Hogan & Hartson). The price to attend ranges from $89 to $129. Most DC Bar events are not open to the public. This event qualifies for continuing legal education (CLE) credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

Day one of a two day conference hosted by the Organization for the Advancement of Structured Information Standards (OASIS) titled "Identity Management 2009: Transparent Government: Risks, Rewards, and Repercussions". Department of Homeland Security (DHS) Chief Privacy Officer Mary Ellen Callahan and Ari Schwartz (Center for Democracy and Technology) will give keynote speeches at about 11:15 AM. See, conference web site and agenda for September 29. Location: National Institute of Standards and Technology, 100 Bureau Drive, Gaithersburg, MD.

The House will meet at 10:00 AM for legislative business. It will consider numerous non-technology related items under suspension of the rules. See, Rep. Hoyer's schedule for week of September 28.

8:20 AM. The Bethesda Chapter of the Armed Forces Communications and Electronics Association (AFCEA) will host a breakfast and panel discussion. One of the speakers will be Bruce McConnell, Counselor to National Protection and Programs Directorate (NPPD) Deputy Under Secretary Phil Reitinger. See, notice. Prices vary. See, notice. Location: Bethesda North Marriott Hotel, 5701 Marinelli Road, Bethesda, MD.

9:00 AM - 12:15 PM. The Federal Communications Commission (FCC) will hold an event titled "Workshop: Cyber Security". See, FCC web page related to the drafting of a document titled "National Broadband Plan", and web page for this event. Location: FCC, Commission Meeting Room, 445 12th St., SW.

10:00 AM. The House Commerce Committee (HCC) will meet to mark up HR 2221 [LOC | WW], the "Data Accountability and Trust Act", and HR 1319 [LOC | WW], the "Informed P2P User Act". See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Advancing Freedom of Information in the New Era of Responsibility". The witnesses will be Thomas Perrelli (Associate Attorney General), Miriam Nisbet (National Archives and Records Administration), Tom Curley (AP), and Meredith Fuchs (GWU's National Security Archive). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing titled "Eight Years After 9/11: Confronting the Terrorist Threat to the Homeland". The witnesses will be Janet Napolitano (Secretary of Homeland Security), Robert Mueller (Director of the FBI), and Michael Leiter (Office of the Director of National Intelligence). Location: Room 342, Dirksen Building.

10:00 AM. The House Small Business Committee's (HSBC) Subcommittee on Contracting & Technology will hold a hearing titled "Expiring Tax Incentives: Examining their Importance for Small Businesses on the Road to an Economic Recovery". Location: Room 2360, Rayburn Building.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a brown bag lunch titled "The Origins of the Federal Trade Commission". The topic will be "the history of the antitrust laws and U.S. regulatory institutions". The speaker will be Marc Winerman (attorney adviser to FTC Commissioner William Kovacic). To request permission to participate by teleconference, see notice. To request permission to attend, contact Ellen Owens at elowens at jonesday dot com. Location: Jones Day, 7th floor, 300 New Jersey Ave., NW.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Transportation Security and Infrastructure Protection will hold a hearing titled "The Future of the Registered Traveler Program". The HHSC will webcast this hearing. Location: Room 311, Cannon Building.

2:30 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Administrative Oversight and the Courts will hold a hearing titled "Responding to the Growing Need for Federal Judgeships: The Federal Judgeship Act of 2009". See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

3:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Crime will hold a hearing on titled "Cyberbullying and other Online Safety Issues for Children". The hearing will examine HR 1966 [LOC | WW], the "Megan Meier Cyberbullying Prevention Act", and HR 3630 [LOC | WW], the "Adolescent Web Awareness Requires Education Act" or "AWARE Act". The witnesses will be Rep. Linda Sanchez (D-CA), Rep. Debbie Schultz (D-FL), Rep. John Culberson (R-TX), Robert O'Neil (University of Virginia), Judi Warren (Web Wise Kids), Harvey Silverglate (Zalkind Rodriquez Lunt & Duncan), Nancy Willard (Center for Safe and Responsible Internet Use), and John Palfrey (Harvard Law School). See, notice. Location: Room 2141, Rayburn Building.

3:00 - 4:30 PM. The American Bar Association's (ABA) Section of Intellectual Property Law will host a panel discussion, by audio webcast and teleconference, titled "Trademark Fraud on the USPTO: A New Landscape". See, August 31, 2009, opinion [12 pages in PDF] of the U.S. Court of Appeals (FedCir) in In Re Bose, App. Ct. No. 2008-1448. The speakers will be Bill Barber (Pirkey Barber), Beth Chapman (Oblon Spivak), Charles Hieken (Fish & Richardson), and John Welch (Lando & Anastasi). Prices vary. See, notice.

6:00 - 7:30 PM. The DC Bar Association will host an event titled "Making Trademark Owners Whole: An Insightful Overview of Measuring and Proving Trademark Damages". The speakers will be Abram Hoffman and Danny Awdeh (Finnegan Henderson). The price to attend ranges from $20 to $35. Most DC Bar events are not open to the public. This event does not qualify for continuing legal education (CLE) credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

Day two of a two day conference hosted by the Organization for the Advancement of Structured Information Standards (OASIS) titled "Identity Management 2009: Transparent Government: Risks, Rewards, and Repercussions". At about 8:30 AM, Jim Harper (Director of Information Policy Studies at the Cato Institute) will give a keynote speech titled "Identity Systems and People: Understanding the Values that Technical Systems Affect". At 12:00 NOON, Ramaswamy Chandramouli (Supervisory Computer Scientist, Information Technology Laboratory, National Institute of Standards and Technology) will give a speech titled "Perspectives on the Cloud and Standards". At 1:00 PM, Giles Hogben (European Network & Information Security Agency) will give a remote speech titled "Cloud Nine? Assessing the Risks in Cloud Computing". See, conference web site and agenda for September 30. Location: NIST, 100 Bureau Drive, Gaithersburg, MD.

Scheduled date for the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) and the Department of Transportation's (DOT) National Highway Traffic Safety Administration (NHTSA) to approve and announce grant awards under under the E-911 grant program authorized by the ENHANCE 911 Act. See, notice in the Federal Register, June 5, 2009, Vol. 74, No. 107, at Pages 26965-26981, and story titled "NTIA and NHTSA Publish E-911 Grant Program Rules" in TLJ Daily E-Mail Alert No. 1,949, June 5, 2009.

Deadline to submit to the Federal Communications Commission (FCC) nominations for membership on its Technological Advisory Council (TAC). See, notice in the Federal Register, September 8, 2009, Vol. 74, No. 172, at Pages 46198-46199.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-81 Rev. 1 [118 pages in PDF] titled "Secure Domain Name System (DNS) Deployment Guide".

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) regarding its Notice of Inquiry (NOI) [23 pages in PDF] in its proceeding titled "In the Matter of Implementation of Section 6002(b) of the Omnibus Budget Reconciliation Act of 1993 (and) Annual Report and Analysis of Competitive Market Conditions With Respect to Mobile Wireless including Commercial Mobile Services". (Parentheses added.) This NOI is FCC 09-67 in WT Docket No. 09-66. The FCC adopted and released this NOI on August 27, 2009. See, notice of extension (FCC 09-72).

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) regarding its Notice of Inquiry (NOI) [23 pages in PDF] in its proceeding titled "In the Matter of Fostering Innovation and Investment in the Wireless Communications Market (and) A National Broadband Plan For Our Future". (Parentheses added.) This NOI is FCC 09-66 in GN Docket Nos. 09-157 and No. 09-51. The FCC adopted and released this NOI on August 27, 2009. See, notice of extension (FCC 09-73).

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of September 28.

8:30 AM. 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. See, notice in the Federal Register, September 16, 2009, Vol. 74, No. 178, at Page 47558. Location: DOC, Room 4830, 14th St. between Pennsylvania and Constitution Aves., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009", and S 1692 [LOC | WW], the "USA PATRIOT Act Sunset Extension Act of 2009". The agenda also includes consideration of four judicial nominees: Joseph Greenaway (to be a Judge of the U.S. Court of Appeals for the 3rd Circuit), Roberto Lange (USDC/DSDak), Irene Berger (USDC/DWVa), and Charlene Honeywell (USDC/MDFl). The SJC rarely follows is published agendas. See, notice. Location: Room 226, Dirksen Building.

POSTPONED. 10:00 AM. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "The Department of Homeland Security’s R&D Priorities for Fiscal Year 2010". The HSC will webcast this hearing. Location: Room 2318, Rayburn Building.

10:30 AM. The Federal Communications Commission (FCC) will hold hearing titled "Capital Formation in the Broadband Sector" to assist it in drafting a "National Broadband Plan". See, release. Location: FCC, Commission Meeting Room, 445 12th St., SW.

2:00 PM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on Information Policy will hold a hearing titled "Requirements and Compliance with the Federal Advisory Committee Act". Location: Room 2154, Rayburn Building.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation by Kate Ho (Columbia). She has published papers on health care markets. Location: FTC, ground floor Conference Center, 601 New Jersey Ave., NW.

Effective date of the Federal Communications Commission's (FCC) rules changes that allow AM stations to use currently authorized FM translators for fill-in service within their current coverage areas. See, notice in the Federal Register, September 1, 2009, Vol. 74, No. 168, at Pages 45126-45131.

Rep. Hoyer's schedule for week of September 28 states that "no votes are expected in the House".

TIME? The Office of the U.S. Trade Representative (OUSTR) will hold a hearing to assist it in preparing its annual report to the Congress on the People's Republic of China's (PRC) compliance with its World Trade Organization (WTO) obligations. See, notice in the Federal Register, August 31, 2009, Vol. 74, No. 167, at Pages 44895-44896. Location: OUSTR, Room 1, 1724, F St., NW.

8:30 AM. Day two of a meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC). See, notice in the Federal Register, September 16, 2009, Vol. 74, No. 178, at Page 47558. Location: DOC, Room 3884, 14th St. between Pennsylvania and Constitution Aves., NW.

8:30 AM - 4:45 PM. George Mason University (GMU) School of Law will host a partially closed event titled "Tragedies of the Gridlock Economy: How Mis-configuring Property Rights Stymies Social Efficiencies". The event is open to the public from 8:30 to 10:30 AM. It is closed from 10:30 AM to 4:45 PM. The closed portion includes panel discussions titled "Patent Thickets", "Relocation of the TV Band", and "Google Books Litigation". At 8:30 AM Michael Heller and Richard Epstein will discuss Heller's book [Amazon] titled "The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives". The speakers for the patent panel will be Michael Meurer (Boston University law school), Scott Kieff (Washington University school of law), and Adam Mossoff (GMU law school). The speakers for the spectrum panel will be Kevin Werbach (University of Pennsylvania business school), Thomas Hazlett (George Mason University law school), and Gerald Faulhaber (University of Pennsylvania business school). The speakers for the Google Books panel will be Doug Lichtman (UCLA law school), Robert Merges (UC Berkeley law school), and Chris Newman (GMU law school). To solicit an invitation to the closed portion of the event, contact iep dot gmu at gmail dot com. Location: GMU School of Law, Arlington, VA.

9:00 -11:30 AM. The American Enterprise Institute (AEI) will host a panel discussion titled "The Supreme Court's Business". The speakers will be Michael Greve (AEI), Brian Brooks (O'Melveny & Myers), John Elwood (Vinson & Elkins), and Jeremy Rabkin (George Mason University Law School). See, notice. Breakfast will be served. Location: AEI, 12th floor, 1150 17th St., NW.

9:30 AM - 4:00 PM. The Federal Communications Commission (FCC) will hold an event titled "Workshop: Diversity and Civil Rights Issues in Broadband Policy". See, FCC web page related to the drafting of a document titled "National Broadband Plan", and web page for this event. Location: FCC, Commission Meeting Room, 445 12th St., SW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [62 pages in PDF] in its proceeding titled "In the Matters of Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act (and) A National Broadband Plan for Our Future". (Parentheses added.) This NOI is FCC 09-65 in GN Docket Nos. 09-137 and 09-51. The FCC adopted this NOI on July 31, 2009, and released the text on August 7, 2009.

Day one of a three day event hosted by the Future of Music Coalition titled "Future of Music Coalition Policy Summit". See, schedule. Location: Gaston Hall and Conference Center, Georgetown University, 37th and O Streets, NW.

There will be no votes in the House.

Day two of a three day event hosted by the Future of Music Coalition titled "Future of Music Coalition Policy Summit". See, schedule. Location: Gaston Hall and Conference Center, Georgetown University, 37th and O Streets, NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hold oral argument in Rural Cellular Association v. FCC, App. Ct. Nos.08-1284 and 08-1285. These are petitions for review of the FCC's order setting a cap on the high cost universal service support subsidies given to competitive eligible telecommunications carriers. See, FCC's brief [PDF]. Judges Tatel, Brown and Williams will preside. Location: 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Peer Communications v. Skype, App. Ct. No. 1069. This is a patent infringement case involving peer to peer communications technology. Location: Courtroom 203.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in IGT v. Alliance Gaming, App. Ct. No. 2009-1110. Location: Courtroom 201.

7:00 - 8:30 PM. The National Nanotechnology Coordination Office (NNCO) will host a premeeting for its two day meeting of October 6-7. See, notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Page 49041. Location: Holiday Inn Rosslyn-Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.

7:30 - 9:30 PM. The New America Foundation (NAF) and the Association for Computing Machinery (ACM) will host an event titled "Fun With Key Management". For example, data can be given an expiration date. The speaker will be Radia Perlman (Sun Microsystems). See, notice and registration page. Location: NAF, 4th floor, 1899 L St.,  NW.

Effective date of the Federal Communications Commission's (FCC) rules implementing HR 3403 [LOC | WW], the "New and Emerging Technologies 911 Improvement Act of 2008" or "NET 911 Act". President Bush signed this bill into law on July 23, 2008. The FCC adopted and released its Report and Order [59 pages in PDF] containing these rules on October 21, 2008. It is FCC 08-249 in WC Docket No. 08-171. See also, stories titled "FCC Adopts VOIP 911 Rules" in TLJ Daily E-Mail Alert No. 1,847, October 27, 2008. See also, notice in the Federal Register, July 6, 2009, Vol. 74, No. 127, at Pages 31860-31874.

Deadline to submit comments to the Census Bureau (CB) in response to its "interim final rule" amending the Foreign Trade Regulations (FTR) to eliminate the requirement to report a social security number (SSN) as an identification number when registering to file and filing electronic export information in the Automated Export System (AES) or AESDirect. The CB further states that the "effective date" of this rules change is September 4, 209, and the "implementation date" is December 3, 2009. See, notice in the Federal Register, August 5, 2009, Vol. 74, No. 149, at Pages 38914-38916.

8:00 AM - 5:30 PM. Day one of a two day meeting of the National Nanotechnology Coordination Office (NNCO). See, notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Page 49041. Location: Holiday Inn Rosslyn-Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.

TIME CHANGE. 10:00 - 11:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion regarding policies that spur innovation. The speakers will be Rob Atkinson (ITIF), Stephen Ezell (ITIF), Andrei Cherny, Kevin Huffman, and Robert Wial. See, notice. The ITIF will webcast this event. Location: ITIF, 1101 K St., NW.

1:00 - 2:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a seminar by teleconference titled "Privacy and Information Security Update". The speakers will be Lisa Sotto (Hunton & Williams), Elizabeth Johnson (H&W), Aaron Simpson (H&W), and Erin Egan (Covington & Burling). To request permission to participate, see notice.

Day three of a three day event hosted by the Future of Music Coalition titled "Future of Music Coalition Policy Summit". See, schedule. Location: Gaston Hall and Conference Center, Georgetown University, 37th and O Streets, NW.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding its workshop to be held on October 20, 2009, titled "Workshop: Broadband Accessibility for People with Disabilities II: Barriers, Opportunities and Policy Recommendations". See, Public Notice [10 pages in PDF], DA 09-2080 in GN Docket Nos. 09-47, 09-51, and 09-137.