Tech Law Journal Daily E-Mail Alert
Monday, November 2, 2009, Alert No. 2,010.
Home Page | Calendar | Subscribe | Back Issues | Reference
Rep. Blackburn Introduces Bill in House to Block FCC Regulation of Internet

10/26. Rep. Marsha Blackburn (R-TN) introduced HR 3924 [LOC | WW], the "Real Stimulus Act of 2009". This bill is nearly identical to S 1836 [LOC | WW], the "Internet Freedom Act of 2009", which Sen. John McCain (R-AZ) introduced on October 22, 2009.

Both bills provide that "The Federal Communications Commission shall not propose, promulgate, or issue any regulations regarding the Internet or IP-enabled services". Both bill would have the effect of preventing the FCC from promulgating the rules proposed in the Notice of Proposed Rulemaking (NPRM) [107 pages in PDF], adopted on October 22, 2009, that would regulate the network management practices of broadband internet access service providers.

The FCC's proceeding is titled "In the Matter of Preserving the Open Internet Broadband Industry Practices". The NPRM is FCC 09-93 in GN Docket No. 09-191 and WC Docket No. 07-52. See also, stories in TLJ Daily E-Mail Alert No. 2,008, October 23, 2009, titled "FCC Adopts Internet Regulation NPRM", "Statutory Authority and Ancillary Jurisdiction", "More Praise for the FCC's NPRM", "More Criticism of the FCC's NPRM", and "Text of Proposed Internet Regulation Rules".

Both the McCain and Blackburn bills provide exceptions. First, both bills provide that "The limitation set forth in this section shall not apply to any regulations that the Commission determines necessary -- (1) to prevent damage to the national security of the United States; (2) to ensure the public safety; or (3) to assist or facilitate any actions taken by a Federal or State law enforcement agency".

Both also provide that "Nothing in this section shall be construed to supersede, repeal, or negate any regulations regarding the Internet or IP-enabled services that were in effect on the day before the date of enactment of this Act, including any regulations established pursuant to the Communications Assistance for Law Enforcement Act", or CALEA.

However, the McCain bill, but not the Blackburn bill, also contains a limitation on the prohibition "to ensure the solvency of the Universal Service Fund established under section 254 of the Communications Act of 1934".

Rep. Marsha BlackburnRep. Blackburn (at right) stated in a release that "The internet is the last truly open public marketplace. Its openness is the key to its efficiency and success. Not all public spaces need to be regulated spaces. Indeed, federal regulation has a long history of making the market less efficient. The FCC has plenty on its plate with the regulation of television and radio; let's not add to their workload by giving them authority over the Internet."

Rep. Blackburn's bill was referred to the House Commerce Committee (HCC). She is a member. As of October 29, 2009, the bill had 19 cosponsors. All are Republicans, except Rep. Dan Boren (D-OK).

See also, story titled "Sen. McCain Introduces Bill to Block FCC Regulation of Internet or IP-Enabled Services" in TLJ Daily E-Mail Alert No. 2,008, October 23, 2009.

Comparison to Internet Protection Act. These bills have similarities to HR 2372 (105th Congress), the "Internet Protection Act", which was introduced by former Rep. Rick White (R-WA) on July 31, 1997. See also, TLJ summary. Rep. White lost in the 1998 general election to Rep. Jay Inslee (D-WA), and hence, was not around to reintroduce similar bills in later Congresses.

The McCain and Blackburn bills are shorter and simpler. However, key provisions overlap. Both HR 2372 and the McCain and Blackburn bills state limitations on FCC authority to regulate the internet. Both provide exceptions for national security, law enforcement and the CALEA. Both also impose limitations on state regulatory authority.

HR 2372 provided that nothing "shall be construed to grant authority to the Commission with respect to (A) the rates, charges, practices, classifications, facilities, or services for or in connection with the provision of Internet information services to customers; (B) technical specifications or standards for the provision of Internet information services; or (C) any other regulation of the provision of Internet information services."

The bill defined internet information services to include "interactive computer services" and the "provision of access to ... the Internet".

Only two of the sponsors of HR 2372 are still in the House. Rep. Joe Barton (R-TX) is now the ranking Republican on the HCC. He opposes the FCC internet regulation proposal. However, he is not a cosponsor of Rep. Blackburn's bill. Rep. Rick Boucher (D-VA), the Chairman of the HCC's Subcommittee on Communications, Technology and the Internet, cosponsored HR 2372. He now supports the FCC's rulemaking proceeding, and is not a cosponsor of the Blackburn bill.

HR 2372 did not become law. Neither the HCC nor its Subcommittee on Telecommunications approved it. The bill did not even get a hearing. The McCain and Blackburn bills likely await the same outcome.

Nevertheless, bills of this nature can have the effect putting personnel at regulatory agencies upon notice of what statutory constraints may limit them in the future if they overbroadly regulate.

Copyright Office Extends Term of Anti-Circumvention Exemptions

10/27. The Copyright Office (CO) extended the effective term of its third triennial rules designating exemptions to the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). October 27, 2009, had been the expiration date.

These rules are codified at 37 C.F.R. 201.40. The CO is conducting it fourth triennial rulemaking. See, notice in the Federal Register, October 6, 2008, Vol. 73, No. 194, at Pages 58073-58079, and story titled "Copyright Office Announces 4th Triennial Review of DMCA Exemptions" in TLJ Daily E-Mail Alert No. 1,839, October 7, 2008.

October 27 came, and the CO had not completed its new rules. Rather, the CO published a notice in the Federal register announcing that "Because the Register will not be able to present her recommendation to the Librarian of Congress before October 27, it is necessary to extend the effective dates of the existing regulation identifying those classes of works until the time that the Librarian acts upon the recommendation of the Register."

This notice adds that "It is anticipated that this extension will be in effect for no more than a few weeks."

See, Federal Register, October 27, 2009, Vol. 74, No. 206, at Pages 55138-55139.

Genachowski Announces Plan to Assess the Media

10/28. Federal Communications Commission (FCC) Chairman Julius Genachowski named Steven Waldman to be his Senior Advisor. The FCC stated in a release that Waldman will "assess the state of media" and "make recommendations" regarding news and information media.

This FCC release cites a report [148 pages in PDF] released on October 2, 2009, by the Knight Commission on the Information Needs of Communities in a Democracy (KC) as authority for the proposition that media are in need of assessment.

For a summary of this KC report, see story titled "Knight Commission Offers Policy Recommendations Regarding Information and Journalism" in TLJ Daily E-Mail Alert No. 1,996, October 5, 2009.

Genachowski stated in this release that "it is important to ensure that our policies promote a vibrant media landscape that furthers long-standing goals of serving the information needs of communities". Waldman stated in this release that "government rules already affect the media landscape in profound ways".

Waldman co-founded a web site in 1999 titled "Beliefnet. Inspiration. Spirituality. Faith." News Corp. acquired it in 2007. Before founding Beliefnet, he worked for the U.S. News and World Report and Newsweek magazines.

The FCC has long engaged in content based, ownership, and other forms of regulation of broadcast television and radio. It has also exercised some authority over newspapers through its cross-ownership rules. But, newspaper news content lies outside of its statutory and Constitutional authority. Nor does the FCC have a history of regulating book publishers or speech from pulpits; it has never had such authority. It also lacks authority to regulate new internet based news and information media and services.

The FCC made an attempt to assert authority to review and judge the content of certain religious broadcasting in 1999. See, order [MS Word] released on December 29, 1999. The FCC adopted that item, secretly, without a meeting, and when members of Congress, reporters, and affected persons were off work. The FCC asserted this authority, without a rulemaking proceeding, and without procedural transparency, through an obscure license transfer order. That order is FCC 99-393. The FCC reversed itself when it became apparent that the Congress was about to do so by legislation.

Genachowski stated that Waldman "will work with the relevant FCC bureaus and lead an open, fact-finding process to craft recommendations to meet the traditional goals of serving the public interest and making sure that all Americans receive the information, educational content, and news they seek".

The FCC lacks authority to engage in regulation of many of the media which Genachowski now seeks to address.

The Federal Trade Commission (FTC), which likewise lacks specific authority to engage in any general news media regulation, is simultaneously conducting a redundant assessment of media. It has requested public comments, by November 6, 2009.

It will hold a two day event titled "From Town Criers to Bloggers: How Will Journalism Survive the Internet Age?" on December 1-2, 2009. See, September 30 notice [PDF], and notice in the Federal Register, October 7, 2009, Vol. 74, No. 193, at Pages 51605-51608. See also, story titled "FTC Requests Comments on Journalism, New Media and Online Advertising" in TLJ Daily E-Mail Alert No. 1,994, October 1, 2009.

People and Appointments

10/29. President Obama nominated William Conley to be a Judge of the U.S. District Court for the Western District of Wisconsin. See, White House news office release and release.

10/29. President Obama nominated Brian Jackson to be a Judge of the U.S. District Court for the Middle District of Louisiana. See, White House news office release and release.

10/28. President Obama nominated Philip Coyle to be an Associate Director in the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP). See, OSTP release and Congressional Record, October 28, 2009, at page S10866.

10/28. The Senate Judiciary Committee (SJC) approved the nomination of Barbara Keenan to be a Judge of the U.S. Court of Appeals for the 4th Circuit. See, Congressional Record, October 28, 2009, at page S10914.

10/28. The Senate Judiciary Committee (SJC) approved the nomination of  Carmen Ortiz to be the U.S. Attorney for the District of Massachusetts for the term of four years. See, Congressional Record, October 28, 2009, at page S10914.

10/28. The Senate Judiciary Committee (SJC) approved the nomination of Edward Tarver to be the U.S. Attorney for the Southern District of Georgia for the term of four years. See, Congressional Record, October 28, 2009, at page S10914.

10/28. The Senate Intelligence Committee (SIC) approved the nomination of David Gompert to be the Principal Deputy Director of National Intelligence. See, Congressional Record, October 28, 2009, at page S10914.

10/27. The Senate confirmed Irene Berger to be a Judge of the U.S. District Court for the Southern District of West Virginia. See, Congressional Record, October 27, 2009, at page S10791.

10/26. The U.S. Patent and Trademark Office (USPTO) announced the membership of its Performance Review Board (PRB). See, notice in the Federal Register, October 26, 2009, Vol. 74, No. 205, at Page 54963.

Calendar of Events Outside of Washington DC

Tuesday, November 3.

Greg Schaffer (Assistant Secretary, DHS's NPPD's Office of Cybersecurity and Communications) will give a speech about "addressing cyber risk to control systems environments" at a dedication ceremony for the Industrial Control Systems Cyber Emergency Response Team Coordination Center. Location: 1690 International Way, Idaho Falls, Idaho.

Wednesday, November 4.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Orion IP v. Hyundai Motor America, App. Ct. No. 2009-1130. This is an appeal in a patent infringement case from the U.S. District Court (EDTex). The patent in suit, U.S. Patent No. 5,367,627, titled "Computer-assisted parts sales method", claims a computerized version of selling cars. The District Court judgment provides that the patent valid and infringed. Location: University of Houston Law Center.

Day one of a two day meeting of the Federal Bureau of Investigation's (FBI) National Crime Prevention and Privacy Compact Council. See, notice in the Federal Register, September 28, 2009, Vol. 74, No. 186, at Pages 49400-49401. Location: Renaissance Long Beach, 111 East Ocean Boulevard, Long Beach, California.

Thursday, November 5.

Randy Vickers, acting Director of the DHS's NPPD's USCERT will give a speech about the Government Forum of Incidence Response and Security Teams at the Swedish EU- Presidency International Conference on Resilience-Resilient Electronic Communications. Location: Folkets Hus at the Stockholm City Conference Centre, Barnhusgartan 12-14, Stockholm, Sweden.

Day two of a two day meeting of the Federal Bureau of Investigation's (FBI) National Crime Prevention and Privacy Compact Council. See, notice in the Federal Register, September 28, 2009, Vol. 74, No. 186, at Pages 49400-49401. Location: Renaissance Long Beach, 111 East Ocean Boulevard, Long Beach, California.

Day one of a two day meeting of the Judicial Conference of the United States' (JCUS) Advisory Committee on Rules of Appellate Procedure. See, notice in the Federal Register, June 17, 2009, Vol. 74, No. 115, at Page 28726. Location: Fairmount Olympic Hotel, 411 University Street, Seattle, Washington.

Day one of a two day conference hosted by the International Technology Law Association. See, conference web page. Location: Brussels, Belgium.

Friday, November 6.

Day two of a two day meeting of the Judicial Conference of the United States' (JCUS) Advisory Committee on Rules of Appellate Procedure. See, notice in the Federal Register, June 17, 2009, Vol. 74, No. 115, at Page 28726. Location: Fairmount Olympic Hotel, 411 University Street, Seattle, Washington.

Day two of a two day conference hosted by the International Technology Law Association. See, conference web page. Location: Brussels, Belgium.

About Tech Law Journal

Tech Law Journal publishes a free access web site and a subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year for a single recipient. There are discounts for subscribers with multiple recipients.

Free one month trial subscriptions are available. Also, free subscriptions are available for journalists, federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until two months after writing.

For information about subscriptions, see subscription information page.

Tech Law Journal now accepts credit card payments. See, TLJ credit card payments page.

Solution Graphics

TLJ is published by David Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
P.O. Box 4851, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998-2009 David Carney. All rights reserved.

In This Issue
This issue contains the following items:
  Rep. Blackburn Introduces Bill in House to Block FCC Regulation of Internet
  Copyright Office Extends Term of Anti-Circumvention Exemptions
  Genachowski Announces Plan to Assess the Media
  People and Appointments
Washington Tech Calendar
New items are highlighted in red.
Monday, November 2

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. The House 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 November 2.

The Senate will meet at 2:00 PM. It will resume consideration of HR 3548 [LOC | WW], the "Unemployment Compensation Extension Act of 2009".

9:00 AM - 12:00 NOON. Day one of a three day workshop hosted by the Federal Communications Commission's (FCC) Media Bureau (MB) regarding the structuring of the 2010 quadrennial review process. This review will examine the FCC's newspaper broadcast cross ownership rule, radio television cross ownership rule, local television ownership rule, local radio ownership rule, and dual network rule. See, FCC notice [PDF]. It is DA 09-2209 in MB Docket No. 09-182. Location: FCC, Commission Meeting Room, 445 12th St., SW.

10:00 - 11:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "What Will the Internet of the Future Look Like?". The speakers will be Robert Atkinson (ITIF), Richard Bennett (ITIF), David Farber (Carnegie Mellon University), Charles Jackson, and Jon Peha (FCC). See, notice. Location: Room 122, Cannon Building, Capitol Hill.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Tivo v. Echostar, App. Ct. No. 2009-1374. This is a patent infringement case involving television technology. Location: Courtroom 201.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Scholarship Committee will meet. Location: Google, 1101 New York Ave., NW.

7:30 - 9:30 PM. The New America Foundation (NAF) and the Association for Computing Machinery (ACM) will host an event titled "Understanding Privacy". The speaker will be Daniel Solove, author of the book [Amazon] titled "Understanding Privacy". See, notice and registration page. Location: NAF, 4th floor, 1899 L St., NW.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice regarding "Small and Disadvantaged Businesses" or "SDBs". The FCC seeks answers to questions to assist it in drafting a document titled "National Broadband Plan". This item is DA 09-2137 in GN Docket Nos. 09-47, 09-51, and 09-137.

Tuesday, November 3

The House will meet at 8:00 AM for morning hour. At 10:00 AM Angela Merkel (Chancellor of Germany) will give a speech to a joint meeting of the House and Senate. The House will then consider numerous non-technology related items under suspension of the rules. See, Rep. Hoyer's schedule for week of November 2.

8:45 AM - 5:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) Online Safety and Technology Working Group (OSTWG) will meet. See, notice in the Federal Register, October 20, 2009, Vol. 74, No. 201, at Page 53719. Location: DOC, Room 4830, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:00 AM - 12:00 NOON. Day two of a three day workshop hosted by the Federal Communications Commission's (FCC) Media Bureau (MB) regarding the structuring of the 2010 quadrennial review process. This review will examine the FCC's newspaper broadcast cross ownership rule, radio television cross ownership rule, local television ownership rule, local radio ownership rule, and dual network rule. See, FCC notice [PDF]. It is DA 09-2209 in MB Docket No. 09-182. Location: FCC, Commission Meeting Room, 445 12th St., SW.

9:30 - 11:00 AM. The Federal Communications Commission's (FCC) WRC-12 Advisory Committee's Informal Working Group 4 (Regulatory Issues) will meet. See, notice. Location: FCC, Room 3-B516, 445 12th St., SW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Silicon Graphics v. ATI Technology, App. Ct. No. 2008-1334. This is a patent infringement case involving 3D graphics technology. Location: Courtroom 201.

6:00 - 8:15 PM. The DC Bar Association will host an event titled "Introduction to Export Controls". The speakers will be Carol Kalinoski and Thomas Scott. 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.

Wednesday, November 4

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of November 2.

9:00 AM - 12:00 NOON. Day three of a three day workshop hosted by the Federal Communications Commission's (FCC) Media Bureau (MB) regarding the structuring of the 2010 quadrennial review process. This review will examine the FCC's newspaper broadcast cross ownership rule, radio television cross ownership rule, local television ownership rule, local radio ownership rule, and dual network rule. See, FCC notice [PDF]. It is DA 09-2209 in MB Docket No. 09-182. Location: FCC, Commission Meeting Room, 445 12th St., SW.

9:00 AM. Day one of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The agenda for the November 4 meeting includes "Microprocessors with Encryption" and "Intel Technology Roadmap". The November 4 meeting is open to the public. See, notice in the Federal Register, October 20, 2009, Vol. 74, No. 201, at Pages 53718-53719. Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:00 AM - 4:00 PM. Day one of a two day meeting of the National Archives and Records Administration's (NARA) Advisory Committee on the Electronic Records Archives (ACERA). See, notice in the Federal Register, October 21, 2009, Vol. 74, No. 202, at Page 54083. Location: NARA, 700 Pennsylvania Ave., NW.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing on the nominations of Michael Punke (to be Deputy US Trade Representative), Islam Siddiqui (to be Chief Agricultural Negotiator in the Office of the US Trade Representative), and Michael Mundaca (to be Assistant Secretary of the Treasury for Tax Policy). See, notice. The SFC will webcast this hearing. Location: Room 215, Dirksen Building.

11:30 AM - 1:30 PM. The International Consortium on Governmental Financial Management will host a panel discussion titled "Government 2.0: The Next Wave of Open Government?". The speakers will be Manuel Pietra (FreeBalance), Mark Drapeau and Doug Hadden. Prices vary. See, notice. Location: Carnegie Endowment for International Peace, 1779 Massachusetts Ave., NW.

12:30 PM. The House Judiciary Committee (HJC) will meet to mark up several bills, including HR 3845 [LOC | WW], the "USA PATRIOT Amendments Act of 2009", and HR 984 [LOC | WW], the "State Secret Protection Act of 2009". See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

2:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Thomas Vanaskie (to be a Judge of the U.S. Court of Appeals for the 3rd Circuit), Christina Reiss (USDC/DVer), Louis Butler (USDC/WDWisc), Abdul Kallon (USDC/NDAlab), and Victoria Espinel (Intellectual Property Enforcement Coordinator in the Executive Office of the President). See, notice. The SJC will webcast this hearing. Location: Room 226, Dirksen Building.

? 2:00 - 4:00 PM. Day one of a three day meeting of the National Science Foundation's (NSF) Advisory Committee on Mathematical and Physical Sciences. See, notice in the Federal Register, October 15, 2009, Vol. 74, No. 198, at Page 52980. Location: NSF, 4201 Wilson Boulevard, Arlington, VA. THIS NSF NOTICE STATES BOTH THAT THIS MEETING WILL BE ON NOVEMBER 4-6 AND NOVEMBER 5-7.

5:00 PM. Deadline to submit written requests to the U.S. Patent and Trademark Office (USPTO) to participate in its November 18, 2009, event titled "Roundtable on Work Sharing for Patent Applications". See, notice in the Federal Register, October 21, 2009, Vol. 74, No. 202, at Pages 54028-54029.

6:00 - 8:00 PM. There will be an event titled "Meet the FCC and NTIA Bureau and Office Chiefs". Prices vary. See, registration form [PDF]. Location: Capital Hilton Hotel, 1001 16th St., NW.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice requesting comments regarding whether backhaul costs stand as impediments to further broadband deployments. See also, story titled "FCC Seeks Comments Regarding Backhaul Costs for Broadband" in TLJ Daily E-Mail Alert No. 2,000, October 9, 2009.The FCC seeks answers to questions to assist it in drafting a document titled "National Broadband Plan". This item is DA 09-2186 in GN Docket Nos. 09-47, 09-51, and 09-137.

Deadline to submits comments regarding sanitary and phytosanitary (SPS) measure or standards related matters to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing its annual National Trade Estimate Report on Foreign Trade Barriers (NTE). See, notice in the Federal Register, September 24, 2009, Vol. 74, No. 184, at Pages 48811-48813.

Thursday, November 5

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of November 2.

? 8:00 AM - 6:00 PM. Day two of a three day meeting of the National Science Foundation's (NSF) Advisory Committee on Mathematical and Physical Sciences. See, notice in the Federal Register, October 15, 2009, Vol. 74, No. 198, at Page 52980. Location: NSF, 4201 Wilson Boulevard, Arlington, VA. THIS NSF NOTICE STATES BOTH THAT THIS MEETING WILL BE ON NOVEMBER 4-6 AND NOVEMBER 5-7.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Policies for Boosting Broadband Demand". The speakers will be Rob Atkinson (ITIF), James Prieger (Pepperdine University), and John Horrigan (FCC). Prieger will present a paper which he co-authored titled "Demand-Side Programs to Stimulate Adoption of Broadband: What Works?". See, notice. Location: ITIF, 1101 K St., NW.

9:00 AM. Day two of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The November 5 meeting is closed to the public. See, notice in the Federal Register, October 20, 2009, Vol. 74, No. 201, at Pages 53718-53719. Location: DOC, Room 3407, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:00 AM - 4:00 PM. Day two of a two day meeting of the National Archives and Records Administration's (NARA) Advisory Committee on the Electronic Records Archives (ACERA). See, notice in the Federal Register, October 21, 2009, Vol. 74, No. 202, at Page 54083. Location: NARA, 700 Pennsylvania Ave., NW.

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". It also includes consideration of S 1490 [LOC | WW], the "Personal Data Privacy and Security Act of 2009", S 139 [LOC | WW], the "Data Breach Notification Act", and S 1147 [LOC | WW], the "Prevent All Cigarette Trafficking Act of 2009", a bill that would regulate internet sales of cigarettes. See, notice. The SJC rarely follows is published agendas. The SJC will webcast this meeting. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Encyclopaedia Britannica v. Alpine Electronics of America, App. Ct. No. 2009-1087. EB claim arises out of the infamous Compton patent, U.S. Patent No. 5,241,671, titled "Multimedia search system using a plurality of entry path means which indicate interrelatedness of information". EB acquired Compton. Although the patent patents in suit are 7,051,018 and 7,082,437. The U.S. District Court (WDTex) granted summary judgment of invalidity to the defendants, Alpine, which make mobile GPS navigation systems. Brinks Hofer represents the defendants. Location: Courtroom 201.

12:00 NOON - 1:30 PM. The National Economists Club will host a lunch. The speaker will be Gary Litman of the U.S. Chamber of Commerce. He will discuss "ad hoc regulatory forays in the new Europe driven by political expediency, the absence of regulatory benchmarks and a lack of understanding of how transatlantic business will be impacted". Prices vary. Register at info at national-economists dot org or 703-493-8824 ext. 4. Location: Darlington House, 1610 20th St., NW.

EXTENDED FROM OCTOBER 15. Extended 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 09-51. The FCC adopted and released this NOI on August 27, 2009. See, notice of extension (FCC 09-73). See, further notice of extension (DA 09-2206).

Friday, November 6

The House will meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for week of November 2.

? 8:00 AM - 3:00 PM. Day three of a three day meeting of the National Science Foundation's (NSF) Advisory Committee on Mathematical and Physical Sciences. See, notice in the Federal Register, October 15, 2009, Vol. 74, No. 198, at Page 52980. Location: NSF, 4201 Wilson Boulevard, Arlington, VA. THIS NSF NOTICE STATES BOTH THAT THIS MEETING WILL BE ON NOVEMBER 4-6 AND NOVEMBER 5-7.

TIME? The Federal Communications Commission (FCC) will hold a hearing titled "Disabilities Access Issues" to assist it in draft a document title "National Broadband Plan". See, notice. Location: Gallaudet University.

11:00 AM - 12:00 PM. The Center for American Progress (CAP) will host a panel discussion titled "China's Engagement on Global Challenges". The speakers will be James Steinberg (Deputy Secretary of State), John Podesta (CAP), and Nina Hachigian (CAP). Preregistration is required. See, notice and registration page. Location: CAP, 10th floor, 1333 H St., NW.

12:00 NOON - 1:15 PM. The Federal Communications Bar Association's (FCBA) Diversity Committee will host an brown bag lunch. The speakers may be Mark Lloyd (FCC Chief Diversity Officer) and Thomas Reed (Director of the FCC's Office of Communications Business Opportunities). RSVP to Jessica Gonzalez at jessgonz8 at hotmail dot com or 310-809-2577. Location: Davis Wright Tremaine, 1919 Pennsylvania Ave., NW.

12:00 PM. The Cato Institute will host an event titled "Mad about Trade: Why Main Street America Should Embrace Globalization". The speakers will be Daniel Griswold (Cato) and Steven Pearlstein (Washington Post). See, notice and registration page. Lunch will be served after the program. Location: Cato, 1000 Massachusetts Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Media Bureau (MB) regarding Cablevision Systems Corporation's request for a waiver of FCC's rules that prohibit a cable operator from encrypting a basic service tier. See, FCC's Public Notice [3 pages in PDF]. It is DA 09-2094 in MB Docket No. 09-168.

Deadline to submit comments to the Federal Communications Commission (FCC) to its Public Notice [PDF] regarding "how governments at all levels promote broadband deployment and adoption, and how digital technologies and broadband deployment can improve civic engagement, government at all levels, and the lives and welfare of residents and businesses". This Public Notice is DA 09-2122 in GN Docket Nos. 09-47, 09-51 and 09-137.

Deadline to submit comments to the Federal Trade Commission (FTC) in response to its request for comments in advance of its December 1-2 workshop titled "From Town Criers to Bloggers: How Will Journalism Survive the Internet Age?". See, September 30 notice [PDF], and notice in the Federal Register, October 7, 2009, Vol. 74, No. 193, at Pages 51605-51608. See also, story titled "FTC Requests Comments on Journalism, New Media and Online Advertising" in TLJ Daily E-Mail Alert No. 1,994, October 1, 2009.

Initial deadline to submit nominations for membership on the National Institute of Standards and Technology's (NIST) Smart Grid Interoperability Panel Governing Board (SGIPGB). The NIST announced that "Nominations received by November 6, 2009, will be considered to be placed on the ballot for the initial SGIP Governing Board. Nominations received after that date will be considered for any positions for which nominations were not received by November 6, 2009, and for vacancies that may occur prior to the next call for candidates." November 6, 2009 is also the initial deadline to submit comments on the SGIP Charter and Bylaws See, notice in the Federal Register, October 28, 2009, Vol. 74, No. 207, at Pages 55540-55541.

Monday, November 9

10:00 AM. Deadline for the general public to submit comments to the Office of the U.S. Trade Representative (OUSTR) in response to its request for comments regarding its Special 301 out of cycle reviews of Fiji, Israel, Philippines, Poland, and Saudi Arabia, and regarding identification of countries under Section 182 of the Trade Act of 1974. See, notice in the Federal Register, October 5, 2009, Vol. 74, No. 191, at Pages 51215-51216.

The Supreme Court will hear oral argument in Bilski v. Kappos. See, story titled "Supreme Court Grants Cert in In Re Bilski" in TLJ Daily E-Mail Alert No. 1,945, June 1, 2009.

First of four suggested dates for submitting "white papers" to the National Institute of Standards and Technology (NIST) regarding the NIST's Technology Innovation Program (TIP). The other suggested submission dates are February 15, 2010, May 10, 2010, and July 12, 2010. The final deadline is September 30, 2010. See, notice in the Federal Register, September 4, 2009, Vol. 74, No. 171, at Pages 45823-45825.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice [PDF] that requests comments regarding "identifying and remedying barriers to broadband deployment and adoption on Tribal lands". This is to aid the FCC in drafting its "National Broadband Plan". This item is DA 09-2093 in GN Docket Nos. 09-47, 09-51, and 09-137.

Extended deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its interim examination instructions for evaluating patent subject matter eligibility under 35 U.S.C. 101 pending a decision by the Supreme Court in Bilski v. Kappos. See, extension notice in the Federal Register, October 9, 2009, Vol. 74, No. 195, at Page 52184.