Tech Law Journal Daily E-Mail Alert
November 12, 2009, Alert No. 2,014.
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Intel and AMD Announce Settlement Agreement

11/12. Intel and Advanced Micro Devices (AMD) announced "a comprehensive agreement to end all outstanding legal disputes between the companies, including antitrust litigation and patent cross license disputes". See, Intel release and AMD release.

Neither of the two companies released the text of their agreement.

However, the two companies stated in their releases that "Under terms of the agreement, AMD and Intel obtain patent rights from a new 5-year cross license agreement, Intel and AMD will give up any claims of breach from the previous license agreement, and Intel will pay AMD $1.25 billion. Intel has also agreed to abide by a set of business practice provisions. As a result, AMD will drop all pending litigation including the case in U.S. District Court in Delaware and two cases pending in Japan."

The two companies also stated that "AMD will also withdraw all of its regulatory complaints worldwide". However, this agreement comes after the European Commission (EC) fined Intel one billion euros, and the state of New York filed its complaint against Intel in the U.S. District Court (DDel).

See, story titled "EC Fines Intel One Billion Euros" in TLJ Daily E-Mail Alert No. 1,937, May 12, 2009, and story titled "European Commission Initiates Proceeding Against Intel Alleging Anticompetitive Behavior" in TLJ Daily E-Mail Alert No. 1,617, July 26, 2007. See also, story titled "New York State Files Civil Antitrust Complaint Against Intel" in TLJ Daily E-Mail Alert No. 2,011, November 9, 2009.

Regulators and commenters have long been divided over application of antitrust law to Intel. U.S. antitrust regulators have declined to take any action against Intel. On the other hand, the EC has been quick to take action against Intel and other US companies.

Ed Black, head of the Computer & Communications Industry Association (CCIA), stated in a release on November 12 that "While there is unfortunately no explicit admission of wrong doing by Intel, perhaps understandably in view of its continuing legal challenges, the facts that have been made public and the size of the settlement leaves little doubt about culpability."

Similarly, Albert Foer, head of the American Antitrust Institute (AAI), stated in a release that "The settlement announced today by Intel and AMD does not necessarily bring closure to the three-dimensional global war being waged in the micro-processing industry. The FTC is still investigating Intel's activities in this market. The agency may conclude that certain issues have been left open and that federal intervention is still necessary to help clarify the legal standards. Those same legal standards are the subject of the recently announced New York State case as well as pending class action lawsuits against Intel. Even the European case, which is on appeal, does not necessarily disappear as a result of the settlement."

Other groups, such as the Progress & Freedom Foundation (PFF), have condemned regulatory actions against Intel.

Groups Submit Comments to OUSTR Regarding PRC Barriers to Tech and Telecom Trade

11/4. November 4, 2009, was the deadline to submit certain comments to the Office of the U.S. Trade Representative (OUSTR) regarding preparation of the 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.

The Telecommunications Industry Association (TIA) filed a comment that addresses barriers to VOIP and other information technology and telecommunications issues in the People's Republic of China (PRC), India, European Union, and Brazil

The TIA wrote that "technology neutrality is important for promoting competition and ensuring that consumers are empowered to choose technologies that best suit their needs. China's policies restrict the use of VoIP to closed user groups that do not allow for origination or termination of IP phone calls on the Public Switched Telephone Network (PSTN). TIA encourages China to allow all VoIP providers to offer services that connect to the PSTN on an unlicensed basis, and eliminate joint venture requirements that apply to non-Chinese companies who wish to offer VoIP services in China."

The TIA added that in the PRC, "it appears that in some telecom procurements, companies are ignoring published criteria for bid evaluation, resulting in the selection of "national" champions, which are state-invested enterprises".

The TIA also wrote about India. "Although the Telecommunications Regulatory Authority of India (TRAI) has recommended to the Department of Telecommunications (DoT) to allow VoIP to connect to the PSTN, the current policy only allows VoIP to be used in closed user groups (CUGs), or just among sites. For example, if a company has two offices, they are allowed to link using an IP trunk and VoIP, but not out to the PSTN. This causes companies to maintain separate systems for internal and external communications, increasing establishment costs."

The TIA also stated that the European Union continues to impose tariffs on items that are covered by the Information Technology Agreement (ITA). The US, Japan and Taiwan filed a complaint with the World Trade Organization (WTO) in 2008. See, OUSTR release.

The Information Technology Industry Council (ITIC) submitted a comment to the OUSTR regarding the PRC.

It wrote that "Under the umbrella of China's drive for indigenous innovation, China continues to mandate regulations and standards that are developed outside of international standard setting processes with little to no transparency. Foreign companies are largely excluded from Chinese technical committees that create national standards, and when they are permitted to participate, they are often required to give up intellectual property rights associated with the standard being created. Furthermore, preferences given to domestic technology producers in government procurement also lead to the exclusion of foreign suppliers, particularly as the state owns the telecommunications carriers in China."

The ITIC also wrote that "China maintains an overly burdensome process for type approval for new-to-market telecommunication equipment. Foreign companies must submit products to multiple, nontransparent,
and redundant certification processes".

It elaborated that "A current example of the lack of transparency and use of a domestic standard to exclude foreign technology is China’s promotion of WAPI, the Wireless Local Area Network Authentication and Privacy Infrastructure, a security protocol that would be layered on top of WiFi technology. China has never officially published any rules stating that a WiFi-equipped mobile phone would not receive Type Approval in China, but in practice, WiFi-enabled phones can only be sold in China if they are also equipped with WAPI. In 2009, mobile phones licensed for sale in China have been enabled with both WAPI and WiFi."

Google to Fund Summer Internships at Tech Policy Groups

11/12. Google announced that it is soliciting applications from undergraduate, graduate, and law students for "Google Policy Fellowships" for the summer of 2010 at various public policy groups.

Compensation is $7,000 for ten weeks of work at one of many public policy advocacy groups involved in "broadband and access policy, content regulation, copyright and trademark reform, consumer privacy, open government", and other issues. All positions are in Washington DC, San Francisco, California, or Toronto or Ottawa, Canada.

The following groups are involved: American Library Association (ALA), Canadian Internet Policy and Public Interest Clinic, Cato Institute, Center for Democracy and Technology (CDT), Citizen Lab, Competitive Enterprise Institute (CEI), Creative Commons, Electronic Frontier Foundation (EFF), Future of Music Coalition (FOMC), Internet Education Foundation (IEF), Joint Center for Political and Economic Studies, Media Access Project (MAP), National Hispanic Media Coalition, New America Foundation (NAF), Progress & Freedom Foundation (PFF), Public Knowledge (PK), and Technology Policy Institute (TPI).

Google is funding internships at groups that are typically aligned with Google's interests, as well as some groups that have taken positions contrary to Google's positions on some major policy issues. For example, the CEI and PFF have taken opposing stands on the FCC's internet regulation NPRM, adopted on October 22, 2009.

However, while Google states that it is supporting interns working on "consumer privacy", some leading policy groups that have taken Google to task on privacy issues (as well as Google Books issues) are not on the list of participating groups.

The deadline to submit applications is December 28, 2009. See, Google release.

Groups Urge Obama to Make Appointments to PCLOB

11/11. The American Civil Liberties Union (ACLU), Center for Democracy and Technology (CDT), Electronic Privacy Information Center (EPIC) and other groups sent a letter [PDF] to President Obama urging him to make appointments to the Privacy and Civil Liberties Oversight Board (PCLOB).

They wrote that the PCLOB, which "has no members selected and no staff" is "one of the few safeguards put into place to protect privacy and civil liberties following the major legal and policy changes put in place to help fight terrorism and strengthen law enforcement."

The groups urged the President "to make the Board selection process a priority and ensure that nominations to the Board are made to the Senate before the end of the first session of the 111th Congress, so that a Board can be seated early next year."

The original PCLOB was created by Section 1061(b) of the Intelligence Reform and Terrorism Prevention Act of 2004. This statute made the PCLOB a part of the Executive Office of the President (EOP).

The members of the original PCLOB were Carol Dinkins, Alan Charles Raul, Ted Olson, Francis Taylor and Lanny Davis. The PCLOB hired staff, conducted oversight, and released its first annual report. See, story titled "President's Civil Liberties Oversight Board Releases Annual Report" in TLJ Daily E-Mail Alert No. 1,572, May 1, 2007.

The PCLOB functioned.

Then, in the 110th Congress, the Congress reconstituted the PCLOB. Section 801 of HR 1 [LOC | WW], the "Implementing Recommendations of the 9/11 Commission Act of 2007", made the PCLOB "an agency" within the meaning of 5 U.S.C. § 551. It also provides that the PCLOB "shall be composed of a full-time chairman and 4 additional members, who shall be appointed by the President, by and with the advice and consent of the Senate." Former President Bush signed this bill into law on August 3, 2007. It is now Public Law No. 110-53.

Bush proceeded to make appointments. See, story titled "Bush Nominates Members of New Privacy and Civil Liberties Oversight Board" in TLJ Daily E-Mail Alert No. 1,724, February 27, 2008, and story titled "Bush to Nominate Dempsey for Privacy and Civil Liberties Oversight Board" in TLJ Daily E-Mail Alert No. 1,815, August 19, 2008. However, the Senate did not confirm them. President Obama has not made new appointments.

The PCLOB has ceased to function.

ACLU Recommends Expanding Powers of PCLOB and FTC to Protect Privacy

11/10. The American Civil Liberties Union (ACLU) released a paper [26 pages in PDF] titled "Enforcing Privacy: Building American Institutions to Protect Privacy in the Face of New Technology and Government Powers". The author is Jay Stanley of the ACLU's Technology and Liberty Program.

This paper argues that the US "urgently needs stronger privacy oversight institutions to serve as a countervailing force as the computer and telecommunications revolutions change the privacy landscape for Americans and create new opportunities for large institutions to grab more power at the expense of ordinary people".

The paper also argues for new privacy protection laws. It states that "the Privacy Act of 1974 ... is riddled with loopholes and exceptions that have grown over time. Some agencies, especially law enforcement, have taken to exploiting the act’s exemptions to avoid compliance with basic privacy policies".

The paper continues that "A variety of other laws govern privacy among government agencies and across the private sector. These laws make up a patchwork of inconsistent, often tangled and complicated, yet simultaneously weak and incomplete rules. This inconsistent situation -- video rental records are more strongly protected than Americans’ banking or health data, for example -- must be addressed by Congress through the enactment of an overarching privacy law that will put clear, fair privacy standards into law (without endless loopholes) and create stable expectations for businesses, government and individuals alike." (Parentheses in original.)

The paper argues that "any privacy-protecting institution", whether in a government agency or in the private sector, must have independence, access to information, a broad mandate, and sufficient resources.

It recommends that the creation of "an independent commission to cover privacy in the government by expanding the mission of the Privacy and Civil Liberties Oversight Board", or PCLOB.

It also recommends that Congress "set up a two-part system for privacy oversight of government. The foundation must be the PCLOB-based independent regulatory commission discussed above. But non-independent privacy offices within the executive branch can also play an important role in a system of multiple, overlapping layers of privacy protection. Toward that end, we also recommend a White House privacy counselor and a significant expansion of the mandate of the agency privacy offices."

It also recommends the creation of "an independent commission to serve as private-sector privacy watchdog".

It elaborates that "One option for creating such an institution would be to create a new institution, a Federal Privacy Commission. The other option would be to expand the charter of the existing independent commission that has the most involvement in consumer privacy issues, the Federal Trade Commission."

The paper concludes that the "Congress should expand the mission of the Federal Trade Commission to include the duties and powers of a full-fledged private-sector privacy regulator charged with enforcing the Fair Information Practices recognized around the world as the embodiment of human beings’ right to privacy.

More Privacy News

11/6. The Federal Communications Commission (FCC) filed a Petition for Rehearing and Rehearing En Banc [36 pages in PDF] with the U.S. Court of Appeals (3rdCir) in AT&T v. FCC, a case regarding extending the federal Freedom of Information Act's (FOIA) "personal privacy" clause to corporations. On September 22, 2009, the Court of Appeals issued its opinion [16 pages in PDF] granting AT&T's petition for review of a FCC order holding that a corporation is not entitled to "personal privacy" in the context of requests for records under the FOIA. See, story titled "3rd Circuit Rules in FCC FOIA Case" in TLJ Daily E-Mail Alert No. 2,000, October 9, 2009. This case is AT&T v. FCC and USA, respondents, and Comptel, intervenor, U.S. Court of Appeals for the 3rd Circuit, App. Ct. No. 08-4024, a petition for review of a final order of the FCC.

11/5. The Electronic Privacy Information Center (EPIC) filed a complaint in the U.S. District Court (DC) against the Department of Homeland Security (DHS) alleging violation of the federal Freedom of Information Act (FOIA), which is codified at 5 U.S.C. § 552, in connection with its failure to produce any documents regarding the DHS's Transportation Security Administration's (TSA) airport whole body imaging program. This case is EPIC v. DHS, U.S. District Court for the District of Columbia.

11/3. The Electronic Privacy Information Center (EPIC) filed an amicus curiae brief [40 pages in PDF] with the U.S. Court of Appeals (5thCir) in Harris v. Blockbuster, a case regarding the enforceability of consumer contract clauses that provide for mandatory arbitration of privacy related complaints under the Video Privacy Protection Act. This case is Cathryn Harris, et al. v. Blockbuster, Inc., U.S. Court of Appeals for the 5th Circuit, App. Ct. No. 09-10420, an appeal from the U.S. District Court for the Northern District of Texas, Dallas Division, D.C. No. 3:09-cv-217-M, Judge Barbara Lynn presiding.

People and Appointments

11/12. Facebook hired Andrew Noyes to work in its Washington DC office as Manager, Public Policy Communications. Noyes joins Facebook's Director of Public Policy, Tim Sparapani, who previously worked for the American Civil Liberties Union (ACLU), and Adam Conner, a 2006 graduate of George Washington University who briefly worked for Rep. Louise Slaughter (D-NY). Noyes previously was a reporter for the National Journal.

11/10. Motion Picture Association of America (MPAA) named Howard Gantman VP, Corporate Communications. The MPAA stated in a release that Gantman "will oversee the MPAA's communications program from the Washington, D.C. office. Elizabeth Kaltman, Vice President, Corporate Communications will continue to oversee the MPAA's communications efforts in Los Angeles, focusing especially on content protection, movie ratings, litigation and studio relations."

11/10. The Federal Communications Commission (FCC) hired David Isenberg. to work on drafting a document titled "National Broadband Plan". He has published a web site titled isen.com, organized conferences titled "Freedom to Connect", and authored a paper in 1997 titled "The Rise of the Stupid Network". Long ago, he worked for AT&T. See, FCC release.

11/10. The Federal Communications Commission (FCC) hired Douglas Sicker, a professor in the Department of Computer Science and in the Interdisciplinary Telecommunications Program at the University of Colorado, Boulder. The FCC stated in a release that he will work on developing "a set of research recommendations to enable the United States to be a global leader in broadband networking in the years 2020 and beyond, as well as to further broadband R and D in the US over the next decade".

11/10. The Federal Communications Commission (FCC) hired Carol Mattey. She previously worked at Deloitte & Touche's Regulatory & Capital Markets Consulting Services. Before that, she was a long time employee of the FCC. The FCC stated in a release she will work on issues related to the FCC's universal service tax and subsidy programs.

11/10. The Federal Communications Commission (FCC) hired Mohit Kaushaul, who previously worked for Polaris Venture Partners, a venture capital firm. The FCC stated in a release that he will "head up the newly formed digital healthcare team", and will focus on "analyzing the current connectivity of healthcare in the US" and "evaluating the current and future healthcare applications that run on the connectivity infrastructure".

11/5. George Scalise, head of the Semiconductor Industry Association (SIA), will retire at the end of 2010. See, SIA release.

In This Issue
This issue contains the following items:
 • Intel and AMD Announce Settlement Agreement
 • Groups Submit Comments to OUSTR Regarding PRC Barriers to Tech and Telecom Trade
 • Google to Fund Summer Internships at Tech Policy Groups
 • Groups Urge Obama to Make Appointments to PCLOB
 • ACLU Recommends Expanding Powers of PCLOB and FTC to Protect Privacy
 • More Privacy News
 • People and Appointments
Washington Tech Calendar
New items are highlighted in red.
Friday, November 13

The House will not meet.

The Senate will not meet.

9:00 AM. Secretary of Homeland Security Janet Napolitano will give a speech on immigration policy. Location: Center for American Progress, 10th floor, 1333, H St., NW.

12:30 -1:30 PM. Tthe Federal Communications Bar Association's (FCBA) Legislative Committee will host a closed brown bag lunch titled "Telecommunications Issues Before Congress". Location: Goodfriend Government Affairs, 5th floor, 1300 19th St., NW.

1:00 PM. The Free Press, Communications Workers of America, and others will hold a teleconferenced news conference to discuss the impact upon competition and labor rights of "a merger between Comcast and NBC Universal rumored to be imminent". The dial in number is 888-792-8352. The access code is 41873214. The Free Press announced in a release and in its web site that it "is launching a campaign to stop the merger".

Day two of a two day event hosted by the American Bar Association's (ABA) Standing Committee on Law and National Security titled "Nineteenth Annual Review of the Field for National Security Law". At 12:30 PM Janet Napolitano will give the keynote address. At 2:30 - 4:15 PM there will be a panel titled "Cyber Security and Cyber Warfare". The speakers will be Spike Bowman (University of Virginia School of Law), Bradford Bleier (Supervisory Special Agent of the FBI's Cyber Division), Philip Reitinger (DHS Deputy Undersecretary of National Protection and Programs Directorate), Chris Painter (acting Senior Director for Cybersecurity at the National Security Council), Kim Taipale (Center for Advanced Studies in Science and Technology Policy. Location: Renaissance Washington DC Hotel, Renaissance Ballroom, 999 9th St., NW.

Day two of a two day conference hosted by the American Bar Association's (ABA) Section of Antitrust Law titled "Fall Forum Agenda". At 8:30 - 10:00 AM, there will be a panel on antitrust enforcement by states. At 10:00 - 11:15 AM, there will be a panel titled "Major Developments Abroad: Recent Developments in EC Enforcement, Early Returns on Chinese Enforcement and Developments in Canada". At 11:30 AM - 12:45 PM, there will be a panel titled "The Role of Sector Specific Regulators In Merger Review". The speakers will include James Bird, head antitrust merger reviews at the Federal Communications Commission (FCC). See, agenda [PDF]. Location: National Press Club, 13th Floor, 529 14th St., NW.

Day two of a three day event hosted by the Federalist Society for Law and Public Policy Studies titled "2009 National Lawyers Convention". At 3:15 - 4:45 PM there will be a panel titled "The Fairness Doctrine". See, conference web site. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice [PDF] that requests comments regarding "the sufficiency of current spectrum allocations in spectrum bands, including but not limited to the prime spectrum bands below 3.7 GHz". This is to aid the FCC in drafting its "National Broadband Plan". This item is DA 09-2100 in GN Docket Nos. 09-47, 09-51, and 09-137.

Deadline to submit initial comments to the Copyright Office and the U.S. Patent and Trademark Office ((USPTO) in response to the Notice of Inquiry (NOI) regarding the draft treaty [PDF] proposed to the World Intellectual Property Organization's (WIPO) Standing Committee on Copyright and Related Rights (SCCR) by Brazil, Ecuador, and Paraguay. See, notice in the Federal Register, October 13, 2009, Vol. 74, No. 196, at Pages 52507-52509, and story titled "Copyright Office and USPTO Issue NOI Regarding Treaty Based Exemption to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 2,003, October 15, 2009.

Saturday, November 14

Day three of a three day event hosted by the Federalist Society for Law and Public Policy Studies titled "2009 National Lawyers Convention". At 10:45 AM - 12:15 PM there will be a panel titled "Broadband Policy -- One Year In". At 2:30 - 4:15 PM there will be a panel titled "Control of the Bureaucracy". See, conference web site. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

Monday, November 16

The House will meet at 2:00 PM.

The Senate will meet at 2:00 PM. It will resume consideration of HR 3082 [LOC | WW], the "Military Construction and Veterans Affairs Appropriations Act, 2010".

7:00 AM - 8:30 PM. The Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Nanotechnology Coordination Office (NNCO) will hold an event titled "Nanotechnology Primer Public Pre-meeting". See, notice in the Federal Register, October 30, 2009, Vol. 74, No. 209, at Pages 56246. Location: Holiday Inn Rosslyn Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host a reception for Jonathan Blake, Judith Harris, and Henry Rivera. Register by contacting Desiree Logan at dlogan at reedsmith dot com. Location: Reed Smith, East Tower, Penthouse, 1301 K St., NW.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice [4 pages in PDF] regarding the proposed creation of a "broadband clearinghouse". The FCC has received comments making such a proposal. See for example, comment [PDF] of the Public Knowledge at page 40. The FCC This item is DA 09-2167 in GN Docket Nos. 09-47, 09-51, and 09-137.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding the report [232 pages in PDF] issued by the Harvard University Law School titled "Next Generation Connectivity: A review of broadband Internet transitions and policy from around the world". See, FCC Public Notice. The FCC requests comments to assist it in drafting a document titled "National Broadband Plan". This Public Notice is DA 09-2217 in GN Docket Nos. 09-47, 09-51, and 09-137.

Tuesday, November 17

8:30 AM - 5:00 PM. Day one of a two day meeting of the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Nanotechnology Coordination Office (NNCO). See, notice in the Federal Register, October 30, 2009, Vol. 74, No. 209, at Pages 56245-56246. Location: Holiday Inn Rosslyn Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet will hold a hearing titled "Universal Service Reform Act of 2009". See, notice. Location: Room 2123 Rayburn Building.

9:30 AM - 4:30 PM. The Heritage Foundation will host a one day conference titled "Measuring Innovation and Change During Turbulent Economic Times". This event will address how innovation can become a standard component of U.S. national accounting system, and how incorporating innovation metrics will aid the development of a unified picture of the sources of growth and economic disruption. See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

10:00 AM. The Senate Judiciary Committee's (SJC) Subcommittee on Terrorism and Homeland Security will hold a hearing titled "Cybersecurity: Preventing Terrorist Attacks and Protecting Privacy in Cyberspace". The witnesses will be James Baker (Associate Deputy Attorney General), Philip Reitinger (Director of the DHS's National Cyber Security Center), Richard Schaeffer (Director of the NSA's Information Assurance Directorate), Steven Chabinsky (Deputy Assistant Director of the FBI's Cyber Division), Gregory Nojeim (Center for Democracy and Technology), Larry Clinton (Internet Security Alliance), and Larry Wortzel (Vice Chairman of the U.S.-China Economic and Security Review Commission). The SJC will webcast this hearing. See, notice. Location: Room 226, Dirksen Building.

10:00 - 11:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Explaining International Mobile Payments Leadership". The speakers will be Rob Atkinson (ITIF), Stephen Ezell (ITIF), Pragnesh Shah (Network Solutions), David Jeppsen (NTT DOCOMO USA), and Mark McCarthy. See, notice. Location: ITIF, 1101 K St., NW.

12:00 NOON - 2:00 PM. The Copyright Alliance will host a panel discussion titled "Expanding the Consumer Experience: The New Generation of Entertainment". The speakers will include Rep. Lamar Smith (R-TX), the ranking Republican on the House Judiciary Committee (HJC). See, notice. RSVP to Gayle Osterberg at gayle at 133publicaffairs dot com. Location: Room 2226, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Aggressive Sales Tactics on the Internet and Their Impact on American Consumers". See, notice. Location: Room 253, Russell Building.

5:00 - 7:00 PM. The Copyright Alliance will host an event titled "EXPOnential" and "Live from Main Street: Copyright and the Local Economy". The speakers will include Rep. John Conyers (D-MI), the Chairman of the House Judiciary Committee (HJC). See, notice. RSVP to Gayle Osterberg at gayle at 133publicaffairs dot com. Location: Cannon Caucus Room, Cannon Building.

5:00 PM. Deadline to submit petitions to the Office of the U.S. Trade Representative (OUSTR) for competitive need limitation (CNL) waivers and Section 503(c)(1)(E) determinations regarding products not produced in the U.S. on January 1, 1995. See, notice in the Federal Register, May 28, 2009, Vol. 74, No. 101, Page 25605-25607.

6:00 - 8:15 PM. The DC Bar Association will host an event titled "Export Controls and Economic Sanctions 2009: Recent Developments and Current Issues". 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.

Deadline to submit to the Office of the U.S. Trade Representative (OUSTR) petitions requesting either Competitive Need Limitation (CNL) waivers, or determinations regarding eligible products not produced in the United States on January 1, 1995. See, notice in the Federal Register, November 3, 2009, Vol. 74, No. 211, at Pages 56908-56909.

Wednesday, November 18

8:30 AM - 1:00 PM. The U.S. Patent and Trademark Office (USPTO) will host an 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. Location: USPTO, Madison Auditorium, Concourse Level, Madison Building, 600 Dulany St., Alexandria, VA.

8:30 AM - 3:00 PM. Day two of a two day meeting of the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Nanotechnology Coordination Office (NNCO). See, notice in the Federal Register, October 30, 2009, Vol. 74, No. 209, at Pages 56245-56246. Location: Holiday Inn Rosslyn Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.

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

10:00 AM. The Federal Communications Commission (FCC) may host an event titled "open meeting". The agenda includes two items: (1) a staff presentation on the drafting of a document titled "National Broadband Plan", and (2) adoption of a declaratory ruling regarding timeframes for state and local governmental authorities to consider wireless facilities siting applications. 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.

1:00 - 5:45 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Business and Operations Advisory Committee. See, notice in the Federal Register, October 26, 2009, Vol. 74, No. 205, at Page 55069. Location: NSF, Room 375, 4201 Wilson Boulevard, Arlington, VA.

12:15 - 2:00 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch titled "Discussion of Network Management Practices of Fixed and Mobile Broadband Providers in Europe and Asia, along with regulations, if any, governing those practices". The speaker Michael Kende (Analysys Mason). Register by November 13 with Jennifer Ullman at Jennifer dot ullman at verizon dot com. Location: Wiley Rein, 1750 K St., NW.

2:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Nominations". See, notice. The SJC will webcast this hearing. For more information, call 202-224-7703. Location: Room 226, Dirksen Building.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division's Economic Analysis Group will host a presentation by Louis Kaplow (Harvard law school) titled "Why Ever Define Markets?" To request permission to attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: DOJ, Liberty Square Building, 450 5th St., NW.

Deadline to submits comments regarding all issues except 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 19

8:00 AM - 12:00 NOON. Day two of a two day meeting of the National Science Foundation's (NSF) Business and Operations Advisory Committee. See, notice in the Federal Register, October 26, 2009, Vol. 74, No. 205, at Page 55069. Location: NSF, Room 375, 4201 Wilson Boulevard, Arlington, VA.

9:00 AM - 5:00 PM. Day one of a two day event hosted by the Federal Trade Commission's (FTC) Bureau of Economics and Northwestern University titled "FTC Microeconomics Conference". Several technology related papers will be presented. See, conference web site and agenda. Location: FTC Conference Center, 601 New Jersey Ave., NW.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet and Subcommittee on Commerce, Trade and Consumer Protection will hold a hearing titled "Exploring the Offline and Online Collection and Use of Consumer Information". See, notice. Location: Room 2123 Rayburn Building.

12:00 NOON - 1:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will hold a partially closed meeting by teleconference. The agenda includes a report from the Cybersecurity Collaboration Task Force. See, notice in the Federal Register, October 21, 2009, Vol. 74, No. 202, at Pages 54061-54062.

2:00 PM. The Alliance for Public Technology (APT) will host a speaking event, awards ceremony, and reception, regarding broadband policy. The speakers will be Rick Cimerman (NCTA), Debbie Goldman (CWA), Link Hoewing (Verizon), Karyne Jones (National Caucus and Center on Black Aged), Jonathan Linkous (American Telemedicine Association), Sheri Steinig (Generations United), Donald Mathis (Community Action Partnership), Jim Mueller (Wireless RERC at Georgia Tech), and Kenneth Peres (APT). For more information, contact apt at apt dot org or call 202-263-2970. Location: National Education Association, 1201 16th St., NW.

Friday, November 20

9:00 AM - 12:30 PM. The Federal Communications Commission (FCC) will host an event titled "Staff Workshop on Addressing Distracted Driving". See, notice. Location: FCC, Commission Meeting Room, 445 12th St., SW.

9:00 AM - 1:00 PM. Day two of a two day event hosted by the Federal Trade Commission's (FTC) Bureau of Economics and Northwestern University titled "FTC Microeconomics Conference". Several technology related papers will be presented. See, conference web site and agenda. Location: FTC Conference Center, 601 New Jersey Ave., NW.

Deadline to submit comments to 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.

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