10/2. The Knight Commission on the Information Needs of Communities in a Democracy (KC) released a report [148 pages in PDF] titled "Informing Communities: Sustaining Democracy in the Digital Age".

The cochairmen of the KC are Ted Olson (Gibson Dunn & Crutcher) and Marissa Mayer (Google). Other members include former Federal Communications Commission (FCC) Chairmen Reed Hundt and Michael Powell.

Olson (at right) is a former Solicitor General and Assistant Attorney General in charge of the Office of Legal Counsel who now represents, among others, media companies.

The current FCC Chairman, Julius Genachowski, stated that this is an "extremely important and timely report".

He added that "we are at a critical juncture that requires new thinking and aggressive action", and "I look forward to the FCC playing a positive and constructive role in helping achieve the goals of the report -- including having smart and effective policies that incentivize innovation, competition, and business models that will support a healthy information society, and serve the real information needs of our communities". See, October 2 statement.

Government agencies are examining some of the topics covered by this report. The FTC announced on September 30, 2009, that it is seeking comments, and will hold a workshop, on "How Will Journalism Survive the Internet Age?". See, story titled "FTC Requests Comments on Journalism, New Media and Online Advertising" in TLJ Daily E-Mail Alert No. 1,994, October 1, 2009.

Also, FCC Commissioner Michael Copps on October 1, 2009, proposed "a comprehensive FCC evaluation of the state of broadcast journalism". See, story titled "Copps Discusses News Media" in TLJ Daily E-Mail Alert No. 1,995, October 2, 2009.

The just released report is full of lofty language about the betterment of democracy and information. It sometimes diverges into senseless babble. But, it also articulates numerous recognizable policy proposals regarding regulation of broadband service providers, tax breaks, government subsidies, government censorship, and government openness.

Net Neutrality. The report proposes to "Maintain the national commitment to open networks as a core objective of Internet policy." The report references both former FCC Chairman Michael Powell's four freedoms proposal, and the FCC's 2005 policy statement. The two overlap, but have differences.

The report then states, without specifying whether it is referring to Powell's four freedoms, or the policy statement, that "These principles are widely accepted, and the FCC should vigorously enforce them in a way that assures the public open access to the content and services they desire."

It adds that "the openness of networks as essential to meeting community information needs. Legislators and other policy makers should remain vigilant and committed to maintaining openness."

See, February 8, 2004, Powell speech [PDF] titled "Preserving Internet Freedom: Guiding Principles for the Industry". See, story titled "Powell Opposes Regulations to Impose Broadband Network Neutrality" in TLJ Daily E-Mail Alert No. 833, February 10, 2004. See also, October 19, 2004, Powell untitled speech [5 pages in PDF] and story titled "Powell Discusses VOIP Regulation" in TLJ Daily E-Mail Alert No. 1,000, October 20, 2004. In this second speech Powell stated that these four freedoms are: "(1) Freedom to Access Content: Consumers should have access to their choice of legal content; (2) Freedom to Use Applications: Consumers should be able to run applications of their choice; (3) Freedom to Attach Personal Devices: Consumers should be permitted to attach any devices they choose to the connection in their homes; and (4) Freedom to Obtain Service Plan Information: Consumers should receive meaningful information regarding their service plans."

See also, the FCC 2005 policy statement [3 pages in PDF], story titled "FCC Adopts a Policy Statement Regarding Network Neutrality" in TLJ Daily E-Mail Alert No. 1,190, August 8, 2005, and story titled "FCC Releases Policy Statement Regarding Internet Regulation" in TLJ Daily E-Mail Alert No. 1,221, September 26, 2005.

This Policy Statement provides, in part, that "To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to access the lawful Internet content of their choice ... to run applications and use services of their choice, subject to the needs of law enforcement ... to connect their choice of legal devices that do not harm the network ... to competition among network providers, application and service providers, and content providers." (Footnotes omitted.) It adds that "The principles we adopt are subject to reasonable network management."

Taxing and Spending to Subsidize Broadband and Libraries. The report "endorses the government's use of financial incentives to help spur broadband deployment in areas where it has lagged because of market economics." This includes both "wired and wireless Internet services".

It adds that "Government" has "various levers to accomplish this goal (including subsidies and regulatory policies)". (Parentheses in original.) But, it makes no specific recommendations.

It adds that "libraries need additional resources to serve the public's digital needs". More specifically, "funds should be available to public libraries for mobile teaching labs to provide digital literacy instruction to members of the public. Eligibility to receive a mobile teaching unit could be based on E-rate criteria -- that is, the criteria already used to qualify schools and libraries for discounted telecommunication services under the FCC-directed Universal Service program."

It also recommends that "E-rate funds might also be made available for a mobile teaching initiative."

The report also recommends "digital literacy funding for community institutions, such as community centers and community-based development organizations".

Government Financial Support for Journalism. The report acknowledges that "Throughout American history, the main source of journalism has been private enterprise." It states that "A persuasive case has not been made ... for direct subsidies to private media enterprises".

However, it advocates increased funding for "public media". It adds that "Public broadcasting needs to move quickly toward a broader vision of public service media, one that is more local, more inclusive, and more interactive."

The report also recommends that "governments explore ... tax and regulatory changes to help media ease the burden of rapid change amid financial turmoil". It offers as examples a "state sales tax exemption for print and online journalism subscriptions, or a federal tax credit for the support of investigative journalism". The report does not attempt to define "investigative journalism" or even "journalism".

It suggests that other possible changes to federal tax law would include "permissive joint operation of for-profit and not-for-profit journalism enterprises within the federal tax exemption regime, amendment of the deduction limitations for contribution of a newspaper business to a not-for-profit organization, deferral of gain in taxable acquisitions of newspapers by not-for-profit organizations, and permissive use of tax-exempt conduit bond financing in such acquisitions." (Footnote omitted.)

It adds that "Not-for-profit news organizations could also be strengthened if their advertising revenues were at least partially tax-exempt and if rules against engaging in unrelated businesses were relaxed".

There is no recommendation in this report that taxpayers should subsidize journalism by foundations, universities, or non-profit entities. But, it suggests that they should be involved in supporting certain types of journalism.

Government Regulation of Speech. The report advocates the "independence of private media from governmental intervention on content grounds". Also, the report "does not invite governments to meddle in the practice of journalism".

It does not disclose that one of the functions of the FCC, both historically and today, is to intervene on content grounds.

Open Government. The report urges governments to be more open and transparent.

For example, it recommends that "Open-meetings laws should require that all public agencies conduct their deliberations and take their actions openly." Although, the report does not disclose that two members of the KC, Reed Hundt and Michael Powell, never followed this recommendation.

The report also recommends that "Court proceedings, particularly at the appellate level, should be open to cameras."

Investment. The report addresses investment and capital. However, it uses the term "investment" in the context of government spending, not financial investment by business entities in research, development, build out of facilities and networks, acquisitions, or business operations.

It uses the term "capital", but in the rare sense of "social capital", "bridging social capital", and "bonding social capital".

This is notable to the extend that many of the members of the KC, such as Hundt and Powell, have made a good living in recent years advising companies and investors on how to invest their capital in communications, information technology, and media companies.

Technobabble. The report is full of words like "hyper-local", "crowdsourced", "mashup", and "contextualizing". Library shelves are stuffed with dictionaries that have no definitions for these words.

The report flings out words like "information", "communications", and "media" in endless unexplained combinations and permutations.

It speaks in lofty phrases like "information ecologies", "information infrastructure", "community information flow", "information richness", "information health", "information rights", and "engagement with information", without providing any definitions.

The report is packed with aspiratory phases, such as "universal digital citizenship", "democratic communities of the digital age", "citizen capacity", "cultural innovation", "effective research journey", and a "common pursuit of the truth" -- whatever any of this might mean.

The report has it that there is a "communications revolution", a "communications renaissance", and a "communications environment". This all sounds splendid, grand and technologically hip. But, huge chunks of this report convey little sense or meaning.

10/2.  The Federal Communications Commission (FCC) issued a Public Notice [4 pages in PDF] in which it seeks comments on proposals to create a "broadband clearinghouse" to provide "easy access to broadband best practices". This is to assist it in writing a document titled "national broadband plan".

The FCC now wants more specific information about what a broadband clearinghouse would do, and who would run it. For example, the FCC asks, "What would be the primary goals and purpose of such a clearinghouse?"

The FCC also asks "Should the federal government, through either the Federal Communications Commission, or through another governmental entity, initiate or create a national broadband clearinghouse of best practices? If the federal government should not create such a clearinghouse, should a non-governmental entity create one?

The FCC This item is DA 09-2167 in GN Docket Nos. 09-47, 09-51, and 09-137. The deadline to submit comments is November 16, 2009.

The FCC has received vaguely stated proposals regarding broadband clearinghouses. See for example, comment [53 pages in PDF] of the Public Knowledge (PK), New American Foundation (NAF), USPIRG and Media Access Project (MAP).

They wrote, at page 40, that "Experience has shown that the most effective means of raising awareness about the potential for broadband is through locally based technology evangelists, whether based in state or local governments, non-profits or the private sector."

They continue that the FCC "could lend its support to existing, local organizations by, among other items, serving as a clearinghouse for good practices, using social networking tools to encourage information-sharing in how to communicate the benefits of broadband, outlining specific benefits that have accrued to each community, by sponsoring national or regional conferences as a means of information exchange."

10/2. The Department of Justice's (DOJ) Office of the Solicitor General and the U.S. Patent and Trademark Office (USPTO) filed their brief on the merits on September 25 in Bilski v. Kappos, a case regarding patentable subject matter. Numerous amicus curiae parties filed their briefs on October 2. Oral argument is scheduled for November 9, 2009. See, Supreme Court docket.

Background. This is a petition for writ of certiorari to the U.S. Court of Appeals (FedCir). On October 30, 2008, an en banc panel of the Federal Circuit issued its 9-3 opinion [132 pages in PDF] in In re Bernand Bilski and Rand Warsaw, an appeal from the U.S. Patent and Trademark Office's (USPTO) Board of Patent Appeals and Interferences (BPAI).

The Federal Circuit affirmed the September 26, 2006, opinion [71 pages in PDF] of the BPAI, which affirmed the rejection of a claim for an invention that discloses a method of doing business -- a method of hedging risk in the field of commodities trading. The Court held that the "claims are not directed to patent-eligible subject matter" under 35 U.S.C. § 101.

The Federal Circuit held that the Supreme Court's machine or transformation test is applicable to process patents, and that the Federal Circuit's useful, concrete and tangible result inquiry, discussed in State Street, is no longer to be relied upon. See, 1998 opinion in State Street Bank & Trust v. Signature Financial Group, reported at 149 F.3d 1368, that business methods can be patentable subject matter.

See also, story titled "Federal Circuit Curtails Business Method Patents" in TLJ Daily E-Mail Alert No. 1,850, October 30, 2008, and story titled "Federal Circuit Receives Amicus Briefs Re Business Method Patents and Patentable Subject Matter" in TLJ Daily E-Mail Alert No. 1,743, April 8, 2008.

Certiorari. The Supreme Court granted certiorari on June 1, 2009. See, story titled "Supreme Court Grants Cert in In Re Bilski" in TLJ Daily E-Mail Alert No. 1,945, June 1, 2009.

The Supreme Court stated that the first question presented is "Whether the Federal Circuit erred by holding that a ``process´´ must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing (``machine-or-transformation´´ test), to be eligible for patenting under 35 U.S.C. § 101, despite this Court's precedent declining to limit the broad statutory grant of patent eligibility for ``any´´ new and useful process beyond excluding patents for ``laws of nature, physical phenomena, and abstract ideas.´´" (Parentheses in original.)

The second question is "Whether the Federal Circuit's ``machine-or-transformation´´ test for patent eligibility, which effectively forecloses meaningful patent protection to many business methods, contradicts the clear Congressional intent that patents protect ``method[s] of doing or conducting business.´´ 35 U.S.C. § 273."

Government Brief. The OSG and USPTO argued in their brief that the judgment of the Federal Circuit should be affirmed.

They stated that the question presented is "Whether a method of hedging financial risk that neither concerns the use of a particular machine or apparatus nor effects a transformation of matter into a different state or thing is eligible for patent protection under 35 U.S.C. 101."

They wrote that "Interpreted in light of the historical scope and development of the patent laws, as well as the statutory context, the term ``process´´ encompasses all technological and industrial processes, broadly conceived. But it does not extend patent-eligibility beyond those bounds, to methods of organizing human activity that are untethered to technology -- e.g., methods by which people conduct economic, social, or legal tasks, such as entering into contracts, playing poker, or choosing a jury. Such methods fall outside of the broad expanse of technological and industrial fields that ``the statute was enacted to protect.´´ ... Because petitioners' hedging method relates solely to human conduct, untethered to any technology -- any machine or transformation of matter -- it falls outside the coverage of Section 101." (Citation omitted.)

Amicus Briefs. The Supreme Court has also received numerous amicus curiae briefs urging that the Court of Appeals be affirmed. However, these amici differ widely in their reasoning, and as to what the Supreme Court should hold.

Microsoft, Philips Electronics, and Symantec filed an amicus brief [PDF] urging affirmance. They wrote that "Because principles are not patentable, petitioners' claimed method of hedging commodities transactions is not patent-eligible and the judgment of the court of appeals should be affirmed, although its exclusive reliance on the ``machine-or-transformation´´ test should be disapproved."

They elaborated that "That test, as articulated by the Federal Circuit, is not consistent with this Court's cases, and it is already proving unwieldy and confusing to implement. Contrary to the suggestions of petitioners and others, however, affirming the rejection of the application in issue need not -- and, under the appropriate standard of patent-eligibility, would not -- imperil properly drawn claims describing computer-implemented processes."

A group of internet retailers, including Crutchfield, Newegg, L.L. Bean, Overstock.com, J.C. Penney, Talbots, and Hasbro, but not including Amazon, filed an amicus brief [PDF] urging affirmance.

They wrote that under the current legal regime "Internet retailers may be sued for alleged infringement of business method patents simply because they sell their goods online."

They argued that "Business method patent claims are the claims most often asserted against companies that sell products online because it is easy for a plaintiff to allege in broad language that its patent can be read onto a retail web site. Faced with the prospect of spending millions of dollars to defend themselves, often in a faraway forum, against patent claims that amount to little more than ``we own a patent, you operate a web site,´´ virtually all Internet retailers agree to settle these types of cases before a decision on the merits. Rational retailers settle, not because the allegations of the plaintiff have merit, but because the cost of settlement, although high, is less than the even higher cost of defense."

These online retailers continued that "In effect, business method patents amount to a tax on Internet commerce, transferring hundreds of millions of dollars from Internet retailers, the innovative bright spot in a dim economy, to ``non-practicing entities,´´ also known as ``patent trolls.´´ Although the Federal Circuit properly concluded that the Petitioners' claims were not patentable in its opinion below, this Court should not only affirm that judgment, but also should state unequivocally that business methods are not patentable because they flunk the applicable constitutional test: ``To promote the Progress of Science and useful Arts[.]´´"

10/2. Rep. Lamar Smith (R-TX), the ranking Republican on the House Judiciary Committee (HJC), stated in a release that "we need to modernize the law to help inventors invent. Congress has a bill; it's time for both Houses to bring it up for a vote".

Representatives and Senators introduced patent reform bills on March 3, 2009. See, HR 1260 [LOC | WW], the "Patent Reform Act of 2009", introduced by Rep. John Conyers (D-MI), Rep. Smith, and others. See also, S 515 [LOC | WW], the "Patent Reform Act of 2009". And see, story titled "Patent Reform Bills Introduced" in TLJ Daily E-Mail Alert No. 1,908, March 4, 2009.

The HJC held a hearing on patent reform on April 30, 2009. However, the HJC has not yet marked up its bill, or taken any other action, since April.

Rep. Smith (at right) also said that the Congress must "work to make our patent system more efficient. America leads the world in new technologies. But if we want to remain competitive, our patent system must be reformed. We need a system that enhances patent quality, discourages frivolous litigation, streamlines international patent principles and enforces property rights. In other words.".

Rep. Smith also used this release to comment on the U.S. Patent and Trademark Office's (USPTO) announcement that it is revising its patent count system. Rep. Smith stated that "I am encouraged that Director Kappos is working with the patent examiners to increase productivity at the Patent Trade Office. In order to continue fostering innovation, the PTO must process applications thoroughly and grant patents only for those inventions that are truly worthy of protection under U.S. law. I look forward to learning more about the new agreement with other Members of Congress and those inventors who subsidize the work of the agency."

See, USPTO release and story titled "USPTO to Change Its Patent Count System" in TLJ Daily E-Mail Alert No. 1,995, October 2, 2009.

10/1. President Obama announced his intent to nominate Susan Carbon to be the Director of the Department of Justice's (DOJ) Office on Violence Against Women. See, White House news office release. The Congress enacted the original Violence Against Women Act (VAWA) in 1994. The Congress passed the 2005 VAWA in December of 2005, and President Bush signed it in early 2006. It also contains the ban on using the internet to annoy somebody, codified at 47 U.S.C. § 223, which criminalizes conduct that has nothing to do with either violence or women. The 2005 VAWA was added to a DOJ reauthorization bill, HR 3402 (109th Congress). See, story titled "Bush Signs DOJ Reauthorization Bill" in TLJ Daily E-Mail Alert No. 1,284, January 6, 2006. See especially, subsection titled "The Internet as a Telecommunications Device".

The House will not meet. See, Rep. Hoyer's schedule for week of October 5, 2009.

The Senate will meet at 2:00 PM. It will begin consideration of HR 2847 [LOC | WW], the "Commerce, Justice, Science, and Related Agencies Appropriations Act, 2010".

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.

1:30 - 4:30 PM. The American Enterprise Institute (AEI) will host an event titled "Export Control Reform 2009: Enhancing National Security and Economic Competitiveness". There will be two panels. The first pertains to dual use controls, and the second to military items controls. The speakers on the dual use panel will be Matthew Borman (Department of Commerce), Bill Reinsch (National Foreign Trade Council), Edmund Rice (House staff), and Neena Shenai (AEI). See, notice. Location: AEI, 1150 17th St., NW.

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.

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. The House will consider several non-technology related resolutions under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for week of October 5, 2009.

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.

2:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on the Constitution will hold a hearing titled "Examining the History and Legality of Executive Branch Czars". See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

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.

The House will meet at 10:00 AM for legislative business. The House may vote on the conference reports on the agriculture and homeland security appropriations bills, and the conference report on the defense authorization bill. See, Rep. Hoyer's schedule for week of October 5, 2009.

8:00 AM - 4:00 PM. The Department of Homeland Security's (DHS) National Protection and Programs Directorate's (NPPD) Critical Infrastructure Partnership Advisory Council (CIPAC) will meet. The agenda includes a discussion by critical infrastructure and key resources (CIKR) owners regarding information sharing and cybersecurity. See, notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Page 48998. Location: Grand Ballroom, J.W. Marriott, 1331 Pennsylvania Ave., NW.

8:00 AM - 4:00 PM. Day two 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.

9:00 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "Enhancing Universities' Role in Technology Commercialization". The speakers will be Rob Atkinson (ITIF), Krisztina Holly (USC), Desh Deshpande (Sycamore Networks), and Tom Kahil (Executive Office of the President). See, notice. The ITIF will webcast this event. Location: ITIF, 1101 K St., NW.

9:00 AM - 4:00 PM. The National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB) will meet. See, notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Page 48910. Location: NTSB Board Room/Conference Center, 429 L'Enfant Plaza, SW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again 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 SJC rarely follows is published agendas. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Commerce Committee's (SCC) Subcommittee on Communications, Technology and the Internet will hold a hearing titled "Reauthorization of the Satellite Home Viewer Extension and Reauthorization Act of 2004". See, notice. Location: Room 253, Russell Building.

STAYED. 10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in Tafas v. Doll, App. Ct. No. 2008-1352. Location: Courtroom 201. See, July 28 order and August 21 order.

10:00 AM - 4:00 PM. The U.S.-China Economic and Security Review Commission will hold one of a series of meetings to consider staff drafts of material for its 2009 Annual Report to Congress. See, notice in the Federal Register, August 5, 2009, Vol. 74, No. 149, at Pages 39145-39146. Location: Conference Room 231, Hall of States, 444 North Capitol St., NW.

11:00 AM. The Supreme Court will hear oral argument in Reed Elsevier v. Muchnick, a case involving the question of whether 17 U.S.C. § 411(a) restricts the subject matter jurisdiction of the federal courts over copyright infringement actions. See, story titled "Supreme Court Grants Cert in Reed Elsevier v. Muchnick" in TLJ Daily E-Mail Alert No. 1,908, March 4, 2009. This case is Reed Elsevier, Inc. v. Muchnick, Sup. Ct. No. 08-103, a petition for writ of certiorari to the U.S. Court of Appeals for the 2nd Circuit, App. Ct. Nos. 05-5943 and 06-0223. The Court of Appeals' opinion is reported at 509 F.3d 116.

12:00 NOON - 1:45 PM. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) and the Department of the Treasury's (DOT) Office of Foreign Assets Controls (OFAC) will host an event titled "interactive brown bag session" and "Export Controls and Sanctions -- Responsibilities of Freight Forwarders". The speakers will be Jessica Brinkman (OFAC Compliance Officer), Kevin Delli-Colli (BIS acting Assistant Secretary), Michael Geffroy (OFAC Assistant Director for Enforcement), and John Reynolds (Wiley Rein). Prices vary. To participate by teleconference, see notice. The ABA asserts that this is an ABA event. Location: Wiley Rein, 1776 K St., NW.

1:00 - 2:00 PM. The Federal Trade Commission (FTC) will host a "brown bag program" titled "Recent Developments: Assessing the Behavioral Advertising Landscape" and "overview of the latest legislative, regulatory, and policy developments affecting online behavioral advertising". See also, FTC report [PDF] titled "Self-Regulatory Principles For Online Behavioral Advertising" and story titled "FTC Releases Report on Online Behavioral Advertising" in TLJ Daily E-Mail Alert No. 1,899, February 13, 2009. The speakers will be Peder Magee (Federal Trade Commission), Katie Harrington-McBride (FTC), Susan Grant (Consumer Federation of America), Benjamin Rickert (Microsoft), and Dominique Shelton (Wildman Harrold). To request permission to participate by teleconference, see notice. The ABA states that this is an ABA event.

4:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nomination of Barbara Keenan to be Judge of the U.S. Court of Appeals for the 4th Circuit. See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of October 5, 2009.

7:45 - 9:15 AM. The Northern Virginia Technology Council (NVTC) will host a breakfast. The speaker will be Justice Anthony Kennedy (Supreme Court). Prices vary. See, notice. Location: The Ritz-Carlton Tysons Corner, 1700 Tysons Blvd., McLean, Virginia.

10:00 AM - 4:00 PM. The U.S.-China Economic and Security Review Commission will hold one of a series of meetings to consider staff drafts of material for its 2009 Annual Report to Congress. See, notice in the Federal Register, August 5, 2009, Vol. 74, No. 149, at Pages 39145-39146. Location: Conference Room 231, Hall of States, 444 North Capitol St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Verizon Services v. Cox Fibernet, App. Ct. No. 2009-1086. This is a patent infringement case involving VOIP technology. Location: Courtroom 203.

10:00 AM - 12:00 NOON. The National Industrial Security Program Policy Advisory Committee (NISPPAC) will meet. See, notice in the Federal Register, September 9, 2009, Vol. 74, No. 173, at Page 46470. Location: National Archives and Records Administration, Room 105, 700 Pennsylvania Ave., NW.

12:00 - 1:30 PM. The Federal Trade Commission (FTC) will host a "brown bag program" titled "Meet the New Federal Trade Commission Bureau Directors". The speakers will be Richard Feinstein, (Director of the Bureau of Competition), David Vladeck (Director of the Bureau of Consumer Protection), and Joseph Farrell (Director of the Bureau of Economics). To request permission to attend or participate by telephone, contact Donna Fleming at donna dot fleming at dbr dot com or 202-230-5627. The ABA asserts that this is an ABA event. Location: Drinker Biddle & Reath, 1500 K St., NW.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation by Rachel Soloveichik (Bureau of Economic Analysis) titled "Music a Capital Asset". See, paper [54 pages in PDF] of the same title. Location: FTC, ground floor Conference Center, 601 New Jersey Ave., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will hold an event titled "Pre-Charity Auction Happy Hour". The auction will be held on November 12. Location: 14K Restaurant, 1001 14th St., NW.

Deadline to submit comments to the Bureau of Industry and Security (BIS) in response to its request for comments regarding certain export controls. See, notice in the Federal Register, September 8, 2009, Vol. 74, No. 172, at Pages 46088-46089, and story titled "Export Regulators Seek Comments on Rules" in TLJ Daily E-Mail Alert No. 1,981, September 9, 2009.

Rep. Hoyer's schedule for week of October 5, 2009, states that "no votes are expected in the House".

The American Bar Association (ABA) will host a conference titled "The Third Annual National Institute on Criminal Enforcement of Intellectual Property Rights". Prices vary. See, conference brochure. Location: Ritz Carlton Hotel.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Intellectual Science and Technology v. Sony Electronics, App. Ct. No. 2009-1142. This is a patent infringement case involving CD player and recorder technology. Location: Courtroom 203.

10:00 AM. The Federal Communications Commission (FCC) will hold an event titled "Workshop: Economic Issues in Broadband Competition". 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 comments to the Copyright Royalty Judges regarding the August 12, 2009, motion of Phase I claimants requesting a partial distribution of 50% of the 2007 cable royalty funds, pursuant to 17 U.S.C. § 111. See, notice in the Federal Register, September 9, 2009, Vol. 74, No. 173, at Pages 46468-46469.

Deadline to submit to the Federal Communications Commission (FCC) replies or oppositions to the comments regarding or petitions to deny the applications of Caribbean Crossings Ltd. and Trinity Communications Ltd. for transfer of control pursuant to the Submarine Cable Landing Licensing Act and Section 214 of the Communications Act. Since the Bahamas is not a member of the World Trade Organization (WTO) the applicants seek an FCC determination that the Bahamas provides effective competitive opportunities to U.S. carriers. See, public notice [PDF]. It is DA 09-1856 in IB Docket No. 09-149.

Columbus Day.

The House will not meet.

EXTENDED TO OCTOBER 15. Deadline to submit reply 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).

Monday, October 5.

The International Association of Chiefs of Police (IACP) is holding its annual conference on October 3-7, 2009. On October 5, the speakers will included Eric Holder (Attorney General), Janet Napolitano (Secretary of Homeland Security), and Robert Mueller (FBI Director). Location: Korbel Ballroom, Colorado Convention Center, 700 14th St., Denver, Colorado.

Tuesday, October 6.

9:00 AM - 12:00 NOON. Federal Communications Commission (FCC) Commissioners Michael Copps and Mignon Clyburn will host an event titled "FCC Field Hearing on Broadband Adoption". See, notice. Location: Trident Community College, Palmer Campus, 66 Columbus St., Charleston, South Carolina.

Day one of a two day conference and exhibition titled "C4ISR, CyberSecurity, Robot Platforms, Secure Communications and Sensors Conference". The speakers on October 6 will include Peter Fonash, acting Director of the DHS's National Programs and Protection Directorate's (NPPD) National Cyber Security Division. See, notice. Location: San Diego Hall of Champions, 2131 Pan American Way, San Diego, California.

Wednesday, October 7.

The National Association of Attorneys General and Columbia Law School will host an event titled "Antitrust Federalism: Enhancing the Federal/State Relationship". At 9:00 AM Christine Varney (Assistant Attorney General in charge of the Antitrust Division) will give a keynote speech. Location: Columbia University, Faculty House, 64 Morningside Drive, 3rd Floor, New York, New York.

12:00 NOON - 1:30 PM. The Center for Democracy and Technology (CDT) and the Truste will host an event titled "Social Networking -- The Challenges of Privacy and Openness". The speakers will be Chris Conley (ACLU), David Glazer (Google), Hemanshu Nigam (MySpace), Tim Sparapani (Facebook), and Fred Vogelstein (Wired Magazine). Lunch will be served. RSVP to dani at cdt dot org. Location: Kiev Training Room, Building 40, Google campus, 1600 Amphitheatre Pkwy., Mountain View, California.

Day two of a two day conference and exhibition titled "C4ISR, CyberSecurity, Robot Platforms, Secure Communications and Sensors Conference". See, notice. Location: San Diego Hall of Champions, 2131 Pan American Way, San Diego, California.

Thursday, October 8.

8:00 AM. The Council on Foreign Relations (CFR) will host a panel discussion titled "International Antitrust Law and Policy: Opportunities for Greater Convergence". The speakers will include Christine Varney (Assistant Attorney General in charge of the Antitrust Division). Location: CFR, Peterson Hall, 58 East 68th St., New York, New York.

1:00 - 4:00 PM. Day one of a three day conference hosted by New York Law School's (NYLS) Institute for Information Law and Policy (IILP) titled "D is for Digitize". The event was scheduled to follow the October 7 fairness hearing on the proposed Google Books class settlement in the Authors Guild v. Google, which hearing has been postponed. See, conference web site. Prices vary. There is no webcast. Location: NYLS/IILP, 185 West Broadway, New York, New York.

Friday, October 9.

9:00 AM - 6:00 PM. Day two of a three day conference hosted by New York Law School's (NYLS) Institute for Information Law and Policy (IILP) titled "D is for Digitize". See, conference web site. Location: NYLS/IILP, 185 West Broadway, New York, New York.

9:30 AM - 4:30 PM. The International Trademark Association (INTA) will host an event titled "Crash Course -- U.S. Trademark Basics Program". The price to attend ranges from $600 - $700. Location: INTA, 655 Third Ave., 10th Floor, New York, New York.

Saturday, October 10.

9:30 AM - 1:00 PM. Day three of a three day conference hosted by New York Law School's (NYLS) Institute for Information Law and Policy (IILP) titled "D is for Digitize". See, conference web site. Location: NYLS/IILP, 185 West Broadway, New York, New York.

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