2/25. The Senate Judiciary Committee (SJC) held an executive business meeting at which Sen. Patrick Leahy (D-VT) and Sen. Jeff Sessions (R-AL), the Chairman and ranking Republican respectively, announced progress in efforts to enact broad patent reform legislation.

Sen. Leahy said that "we can report that we have reached a tentative agreement in principle", and that "we will be able to release details as they are finalized in the coming days, after consultation with the House".

Senators did not release any drafts or summaries of proposed legislation.

Legislative History. The present round of efforts to enact patent reform legislation began in earnest in 2007. On April 18, 2007, Rep. Howard Berman (D-CA) and others introduced HR 1908 [LOC | WW] , the "Patent Reform Act of 2007. Sen. Leahy and others introduced S 1145 [LOC | WW], an identical bill on the same day. See, stories titled "Patent Reform Act of 2007 Introduced", "Reaction to the Patent Reform Act of 2007", and "Summary of Patent Reform Act of 2007" in TLJ Daily E-Mail Alert No. 1,567, April 19, 2007.

The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property (SCIIP) approved the bill without amendment on May 16, 2007. See, story titled "House Subcommittee Approves Patent Bill" in TLJ Daily E-Mail Alert No. 1,582, May 16, 2007. The HJC and SJC amended and approved the bills in July of 2007. See, story titled "House and Senate Judiciary Committees Approve Patent Reform Bills" in TLJ Daily E-Mail Alert No. 1,613, July 20, 2007.

However, no patent reform bill was enacted into law in the 110th Congress.

In the current Congress, the 111th, on March 3, 2009, Sen. Leahy and others introduced S 515 [LOC | WW], the "Patent Reform Act of 2009". Also, Rep. John Conyers (D-MI) and others introduced HR 1260 [LOC | WW], the companion bill in the House. See also, story titled "Patent Reform Bills Introduced" in TLJ Daily E-Mail Alert No. 1,908, March 4, 2009.

The SJC held a hearing on March 10, 2009. See, SJC web page with hyperlinks to video recording, prepared testimony of witnesses, and statement of Sen. Leahy. The HJC held a hearing on April 30, 2009. See, HJC web page with hyperlinks to video recording and prepared testimony.

Senators' Discussion. Sen. Leahy (at right) released a written statement, which he read from and paraphrased at the meeting. He wrote that "I want to thank Senator Sessions for working with me on what has been a top priority of this Committee -- patent reform legislation. Today we can report that we have reached a tentative agreement in principle that preserves the core of the compromise struck in Committee last year with the help of Senators Feinstein, Specter, Cornyn, Klobuchar and others. We will, of course, continue discussing the details with all Members of this Committee going forward, as well as with our counterparts in the House as we finalize a consensus bill."

He continued that "I want to particularly thank Senator Hatch, who has been a longtime partner of mine on intellectual property issues. We have consulted with the Patent and Trademark Office (PTO), at the suggestion of Senator Kyl, and with his help and that of Director Kappos, we have the principles of an agreement that will move this legislation closer to passage."

"When Senator Hatch and I started this process several Congresses ago, along with Mr. Conyers, Mr. Berman, Mr. Smith and others in the House, we wanted to improve patent quality and the operations at the PTO, and address runaway damage awards that were harming innovation. We are close to a compromise that will address these issues. No one will think this a perfect bill, but we are close to a comprehensive patent reform bill that benefits all corners of the patent community."

He also wrote that "This bill will be an example of what we can do when we work together -- a true bipartisan product. Intellectual property is the engine of our economy. Reforms to our patent system will protect inventors and promote innovation. They will stimulate the economy and create jobs without spending American tax dollars."

Sen. Leahy added in his oral statement that "we have worked very hard ... not to make this a partisan issue".

Finally, he wrote that "I expect that we will be able to release details as they are finalized in the coming days, after consultation with the House. I look forward to working closely with all members of the Committee who have probably spent more time on patent law than we would like. I appreciate the seriousness with which they have approached this issue."

Sen. Sessions stated that "the patent legislation I believe is a step forward. All of us worry, have we gotten it right, I think we are pretty close to having it right ... We look forward to maybe doing something significant in a bipartisan way. ... If there are serious problems, I hope that people will bring them up, but I think that we have addressed most of them."

2/24. A trial court in Milan, Italy, returned criminal verdicts of guilty against three Google officers, David Drummond, Peter Fleischer and George Reyes, for violation of Italy's privacy code. The acts of the defendants consisted of being officers of a company that operated a web site that allowed users to post videos, where the court also found the content of one video to be in violation of Italian privacy law.

The case arose in 2006 when users of Google Video (this was before Google's acquisition of YouTube) posted a video of a student with Downs Syndrome being bullied by other students. (Italian online newspapers have reported that the student has Downs Syndrome. Google has stated that he is "autistic".)

The court acquitted one Google defendant. Google stated in a release that "none of the four Googlers charged had anything to do with this video. They did not appear in it, film it, upload it or review it. None of them know the people involved or were even aware of the video's existence until after it was removed."

"It is outrageous that they have been subjected to a trial at all", wrote Google. "In essence this ruling means that employees of hosting platforms like Google Video are criminally responsible for content that users upload. We will appeal this astonishing decision because the Google employees on trial had nothing to do with the video in question."

Google continued that this verdict "attacks the very principles of freedom on which the Internet is built. Common sense dictates that only the person who films and uploads a video to a hosting platform could take the steps necessary to protect the privacy and obtain the consent of the people they are filming. European Union law was drafted specifically to give hosting providers a safe harbor from liability so long as they remove illegal content once they are notified of its existence. The belief, rightly in our opinion, was that a notice and take down regime of this kind would help creativity flourish and support free speech while protecting personal privacy. If that principle is swept aside and sites like Blogger, YouTube and indeed every social network and any community bulletin board, are held responsible for vetting every single piece of content that is uploaded to them -- every piece of text, every photo, every file, every video -- then the Web as we know it will cease to exist, and many of the economic, social, political and technological benefits it brings could disappear."

Reaction. Ed Black, head of the Computer and Communications Industry Association (CCIA), stated in a release that "This decision reflects an astonishing lack of understanding about how the Internet works and an insensitivity to how important it is to keep the Internet open and free from misguided censorship efforts. It also reflects a fundamental misunderstanding of the European E-Commerce Directive. Properly interpreted, it should protect Google employees and other similarly innocent employees of other Internet companies -- especially when they respond rapidly to deal with objectionable content, as Google did in this case. We hope and expect the appellate process will correct this grave error because it is wrong and harmful to all involved."

"Otherwise, if Italian law requires the impossible from Internet companies in Europe, there will be no Internet companies in Europe", said Black.

Leslie Harris, head of the Center for Democracy and Technology (CD), stated in a release that "Today's stunning verdict sets an extremely dangerous precedent that threatens free expression and chills innovation on the global Internet. This is precisely the sort of action by a western democracy that undermines Secretary Clinton's call for global Internet freedom. The principle that technological intermediaries should be protected from liability for content posted by users has been a cornerstone of Internet freedom. It is enshrined in both EU and U.S. law."

She continued that "This ill-advised prosecution and conviction of Google senior executives is plainly contrary to the 2000 EU E-Commerce Directive and to the best practices of thriving Internet economies. If the conviction is allowed to stand, it will chill the provision of web 2.0 services that provide user-generated content platforms in Italy, and Italian Internet users will find themselves without a powerful forum for free expression."

"Most troubling", said Harris, "what happened it Italy is unlikely to stay in Italy. The Italian court's actions today will surely embolden authoritarian regimes and be used justify their own efforts to suppress Internet freedom."

Service Provider Immunity. US law, and the law of many nations, provide for immunity from criminal or civil liability of various types of communications services providers for statements made by the users of their facilities. For examples, the US Postal Service (USPS) is not liable for, and has no duty to read and censor, statements made by people who send letters carried by the USPS. Telephone companies and voice over internet protocol service providers are not liable for, and have no duty to listen to and censor statements made by their users. Courier delivery services have no similar liability or duty. Also, federal statute, codified at 47 U.S.C. § 230, provides that interactive computer services have no similar liability or duty.

47 U.S.C. § 230(c)(1) provides that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

47 U.S.C. § 230(f)(2) provides that "The term ``interactive computer service´´ means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions."

The conviction by the Italian court rejects the principle of service provider immunity in the context of interactive web sites, social networking web sites, and other web sites that allow users posted text, pictures, videos, or other forms of expression and communication.

However, it should be noted that while neither the Department of Justice (DOJ) nor the US judiciary have taken any actions that are so directly contradictory to the principle of interactive service provider immunity, both the DOJ's Civil Rights Division and the U.S. Court of Appeals (9thCir) have taken actions that are inconsistent with the principle.

As for the 9th Circuit, which may be carving out judicially created exceptions to Section 230 immunity, see story titled "En Banc 9th Circuit Panel Rejects Section 230 Immunity in Roommates.com Case" in TLJ Daily E-Mail Alert No. 1,741, April 2, 2008.

As for the DOJ, see for example story titled "DOJ Settles Case Against Interactive Computer Service" in TLJ Daily E-Mail Alert No. 808, December 31, 2003.

2/23. The Federal Communications Commission (FCC) announced in a release its tentative agenda for its event on March 16, 2010, titled "open meeting".

This agenda lists two items: (1) "National Broadband Plan Presentation: Commission staff will present the National Broadband Plan", and 92) "Broadband Mission Statement: The Commission will vote on a Broadband Mission Statement, containing goals for U.S. broadband policy."

Section 6001(k) of HR 1 [LOC | WW], the huge spending bill enacted in February of 2009, directs the FCC to write a "report containing a national broadband plan" by February 17, 2010.

The FCC adopted and released a Notice of Inquiry [59 pages in PDF] requesting comments on April 8, 2009. It is FCC 09-31 in GN Docket No. 09-51. See, stories titled "FCC Releases NOI on Broadband Plan", "Additional Questions Asked by FCC's Broadband Plan Notice of Inquiry", and "Broadband Plan Statute: Public Law No. 111-5, § 6001(k)" in TLJ Daily E-Mail Alert No. 1,924, April 11, 2009.

FCC Chairman Julius Genachowski announced on January 7, 2010, in letters [PDF] to the Chairmen and ranking Republicans on the House and Senate Commerce Committees that the FCC would be one month late in completing this report. See, story titled "FCC to Delay Completion of National Broadband Plan" in TLJ Daily E-Mail Alert No. 2,034, January 7, 2010.

The FCC does not follow its published agendas. It often adds and/or deletes items. It does not always hold its open meetings at the announced times. (The just issued release does not state a time.) It usually does not release the items that it adopts at its open meeting until days, weeks or months afterwards.

2/25. Federal Communications Commission (FCC) Chairman Julius Genachowski gave a speech at the FCC regarding public safety and the FCC's forthcoming national broadband plan (NBP).

Among others things, he said the the NBP will propose moving forward with the D Block auction, and also mandating that public safety entities have access to "the entire 700 MHz band through roaming and priority access arrangements".

Genachowski (at left) said that "Public safety must have consistent and prompt access to secure, robust networks of the highest quality and first responders should be equipped with state-of-the-art devices and applications that are 100 percent interoperable and easy to use."

He said that the public safety portion of the NBP "will address three general areas relating to public safety and homeland security." It will "Recommend concrete steps for the deployment of a nationwide interoperable wireless broadband network for public safety", "Focus on increasing cybersecurity and critical infrastructure survivability of broadband networks", and "Propose measures to advance Next Generation 9-1-1 services and new public alerting initiatives that leverage broadband technology".

Regarding an interoperable broadband network for public safety, Genachowski said that NBP "Ensures that broadband wireless communications for public safety will be fully interoperable across all geographies and jurisdictions", "Ensures nationwide coverage", "Provides for funding for the construction, operation and evolution of the public safety network", "Provides for reserve capacity and needed redundancy and reliability through roaming and priority access on commercial broadband networks", and "Ensures that public safety will have available to it cutting-edge technology, including handsets, at consumer electronic prices".

He added that the NBP calls for the "creation of an Emergency Response Interoperability Center (ERIC)".

Also, the NBP will recommend that the "Congress consider significant public funding -- $16-18 Billion over 10 years -- for the creation of a federal grant program to help support network construction, operation and evolution of the pubic safety broadband network".

He continued that the "private sector simply is not going to build a nationwide, state-of-the-art, interoperable broadband network for public safety on its own dime".

Previously, the FCC tried, but failed, in an attempt to structure spectrum usage in a way that would lead to a privately built interoperable public safety network, in the D Block component of the 700 MHz auction in 2008.

The D Block is 10 megahertz of paired spectrum (758-763 MHz and 788-793 MHz). It was to have been auctioned in the 700 MHz auction (the FCC's Auction No. 73) as one nationwide license, subject to a Public/Private Partnership. The plan was for a commercial licensee to build a nationwide broadband interoperable network for use by public safety entities. This licensee would then have had preemptible secondary access to the spectrum. The FCC closed this auction on March 18, 2008. However, no bidder bid the reserve price for the D Block.

Genachowski then continued that the NBP recommends "that we move forward with a D Block auction. And in order to ensure sufficient reserve capacity for the network, as well as redundancy and resiliency, the Plan envisions that public safety will be able to access not just the D Block spectrum, but the entire 700 MHz band through roaming and priority access arrangements."

James Barnett, Chief of the FCC's Public Safety & Homeland Security Bureau, also spoke at the same event. He wrote in his speech that this proposal would authorize "public safety broadband users to roam on commercial networks and obtain priority access on terms that are reasonable and affordable".

"Rather than solely focusing on just the D-Block, through the Plan, public safety isn't limited to 10 or even 20 megahertz of spectrum, but could have access to as much as 80 megahertz under these arrangements", said Genachowski.

FCC mandated access to spectrum held by commercial licensees, at "terms that are reasonable and affordable", implies FCC regulation of both terms and prices, rather than market transactions. Moreover, the FCC has already completed the 700 MHz auction (except for the D Block) without imposing the restrictions on the auction winners that Genachowski and Barnett now propose.

Genachowski also announced that "we must ensure that the public safety community has access to a competitive environment to ensure the deployment of their network. To that end, our approach does not limit the public safety community to one potential partner. Instead, public safety can select any commercial operator it determines it is appropriate or, if it prefers, a systems integrator to partner with."

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The House will meet at 10:00 AM for legislative business. It will consider HR 2701 [LOC | WW], the "Intelligence Authorization Act for Fiscal Year 2010". It will also consider a motion to concur in the Senate's amendments to HR 3961 [LOC | WW], a Medicare bill, which as amended and passed by the Senate on February 24, is a bill to extend for one year certain expiring provisions of the 2001 surveillance act (Section II of HR 3162 (107th Congress), titled "USA PATRIOT Act", Public Law No. 107-56) and certain expiring provisions of  the "Intelligence Reform and Terrorism Prevention Act of 2004" (S 2845 (108th Congress), Public Law No. 108-458). See, Rep. Hoyer's schedule for week of February 22, and schedule for February 25.

The Senate will meet at 10:00 AM. It will resume consideration of the House message to accompany HR 1299, [LOC | WW] the "United States Capitol Police Administrative Technical Corrections Act of 2009". This bill also includes the "Travel Promotion Act of 2009".

9:00 AM. The Senate Banking Committee (SBC) will hold a hearing titled "The Semiannual Monetary Policy Report to the Congress". The sole witness will be Ben Bernanke, Chairman of the Federal Reserve Board (FRB). See, notice. Location: Room 342, Dirksen Building.

9:00 - 11:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Cyber Security Defense". See, notice. Location: Room HVC-304, Capitol Building.

9:00 - 10:30 AM. The American Bar Association's (ABA) Section of International Law will host a panel discussion by teleconference titled "Around the World in 90 Minutes: New Developments in Merger Review". The price ranges from $10 to $20. Registration is required. See, notice.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda once again lists consideration of the nomination of Dawn Johnsen to be Assistant Attorney General in charge of the Office of Legal Counsel (OLC). The agenda also includes consideration of Lucy Koh to be a Judge of the U.S. District Court for the Northern District of California. See, story titled "Obama Picks Lucy Koh to Replace Ron Whyte on District Court" in TLJ Daily E-Mail Alert No. 2,038, January 25, 2010. The agenda also includes consideration of several other judicial nominees: Gloria Navarro (USDC/DNev), Audrey Fleissig (USDC/EDMO), Jon Deguilio (USDC/NDInd), Tanya Pratt (USDC/SDInd), and Jane Stinson (USDC/SDInd). The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Competition in the Media and Entertainment Distribution Market". The witnesses will be Brian Roberts (Ch/CEO of Comcast), Jeff Zucker (P/CEO of NBC Universal), Jean Prewitt (Independent Film & Television Alliance), Thomas Hazlett (George Mason University School of Law), Mark Cooper (Consumer Federation of America), Larry Cohen (President of the Communications Workers of America). See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a hearing on the FY 2011 budget for the Department of Homeland Security (DHS). The witness will be Janet Napolitano (Secretary of Homeland Security). The HAC will webcast this event. Location: Room 2359, Rayburn Building.

10:00 AM - 3:00 PM. The Office of the National Coordinator for Health Information Technology's HIT Policy Committee's Adoption/Certification Workgroup will meet. See, notice in the Federal Register, February 9, 2010, Vol. 75, No. 26, at Pages 6398-6399. Location: Omni Shoreham Hotel, 2500 Calvert St., NW.

10:00 - 10:45 AM. Federal Communications Commission (FCC) Chairman Julius Genachowski and Jamie Barnett (Chief of the FCC's Public Safety and Homeland Security Bureau) will hold a news conference regarding the drafting of a national broadband plan. The FCC notice states that "Credentialed reporters who plan to attend should contact Robert Kenny" at robert dot kenny at fcc dot gov. Location: FCC, Room 7B-516, 445 12th St., NW.

12:00 NOON - 1:00 PM. The Heritage Foundation will host an event titled "Telecosm Revisited: Why the Government Should Not Set Rules of the Road for the Internet". The speakers will be George Gilder, author of the book titled "Telecosm", and James Gattuso (Heritage). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host a brown bag lunch titled "Spectrum Policy and Capital Formation For New Wireless Technologies". The speakers will include Bryan Tramont (Wilkinson Barker Knauer) and Toni Bush (Skadden Arps). For more information, contact Tami Smith at 202-736-8257 or tesmith at sidley dot com. Location: Sidley Austin, 1501 K St., NW.

1:30 - 2:30 PM. The American Bar Association's (ABA) Section of Intellectual Property Law will host a panel discussion by teleconference titled "What Companies Need to Know NOW About Social Networking, Privacy Protection, and the Latest Legal & Regulatory Developments". The speakers will by Andra Dallas (Children's Advertising Review Unit) and Liisa Thomas (Winston Strawn). Prices vary. Registration is required. See, notice.

RESCHEDULED FROM FEBRUARY 11. 2:00 PM. the House Homeland Security Committee (HHSC) will hold a hearing titled "The President’s FY 2011 Budget Request for the Department of Homeland Security". The witness will be Janet Napolitano, Secretary of Homeland Security. Location: Room 311, Cannon Building.

2:00 - 3:30 PM.  The New America Foundation (NAF) will host an event titled "Shaping Media Policy for the 21st Century: A Conversation with the FCC's Steve Waldman". The speakers will be Steve Waldman (FCC), Steve Coll (NAF), and Michael Kinsley (The Atlantic magazine). This event is free and open to the public. See, notice and registration page. Location: NAF, 1899 L St., NW.

5:00 PM. Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding "other matters" discussed at its January 20, 2010, public roundtable. The USPTO is considering revising its rules of practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals. Comments on the notice of proposed rulemaking are due by February 12, 2010. However, comments on "other matters discussed at the roundtable" are due by February 25, 2010. See also, story titled "USPTO Seeks Comments on Rules of Practice before the BPAI in Ex Parte Appeals" in TLJ Daily E-Mail Alert No. 2,026, December 22, 2009.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Cathy Hilke at chilke at wileyrein dot com or Micah Caldwell at mcaldwell at fh-law dot com. Location: James Hoban's Irish Restaurant & Bar, 1 Dupont Circle, NW.

Day two of a two day event hosted by the Armed Forces Communications and Electronics Association (AFCEA) titled "Homeland Security Conference". At 2:15 PM, there will be a panel titled "Information/Intelligence Sharing -- Balancing Privacy". See, conference web site. Location: Ronald Reagan International Trade Center.

The House will meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for week of February 22.

8:30 AM - 12:30 PM. The District of Columbia will host an event titled "DC Community Broadband Summit". For more information, contact Ayanna Smith at 202-724-5178 or Ayanna dot smith at dc dot gov. Locations: Ronald Reagan Building and International Trade Center, and the Marriott Learning Complex, 1300 Pennsylvania Ave., NW.

9:30 - 11:00 AM. The New America Foundation (NAF) will host a panel discussion titled "Searching for Saddam: What Social Networks Mean for Modern Warfare". The speakers will include Chris Wilson (Slate magazine), Scott Helfstein (U.S. Military Academy), and Peter Bergen (NAF). This event is free and open to the public. See, notice and registration page. Location: NAF, 1899 L St., NW.

10:00 AM. The House Oversight and Government Reform Committee will hold a business meeting. The agenda includes mark up of HR 4098 [LOC | WW], the "Secure Federal File Sharing Act". See, notice. Location: Room 2154, Rayburn Building.

11:00 AM - 1:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing titled "FY11 Intelligence Budget for Research and Development". See, notice. Location: Room HVC-304, Capitol Building.

12:00 NOON - 2:00 PM. The Technology Policy Institute (TPI) will host a panel discussion titled "Increasing Spectrum For Broadband: What Are The Options?". The speakers will be Kathleen Ham (T-Mobile), Matthew Hussey (office of Sen. Olympia Snowe (R-ME)), Evan Kwerel (FCC), John Leibovitz (FCC), Kevin Werbach (University of Pennsylvania business school), Lawrence White (NYU business school), and Thomas Lenard (TPI). This event is free and open to the public. Lunch will be served. Registration is requested. See, notice. Location: Room B-338, Rayburn Building.

5:00 PM. Deadline to submit certain applications to the National Telecommunications and Information Administration (NTIA) for planning and construction grants for public telecommunications facilities under the Public Telecommunications Facilities Program (PFFP) for FY 2010. This deadline applies to applications for new FM stations filed during the February 2010 Federal Communications Commission (FCC) FM Window. See, notice in the Federal Register, December 2, 2009, Vol. 74, No. 230, at Pages 63120-63122.

EXTENDED FROM FEBRUARY 23. 5:00 PM. Extended deadline for foreign governments to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in making determinations that identify countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. The OUSTR is required to make these Special 301 determinations by Section 182 of the Trade Act of 1974, which is codified at 19 U.S.C. § 2242. See, notice in the Federal Register, January 15, 2010, Vol. 75, No. 10, at Pages 2578-2580. See, notice of extension.

EXTENDED FROM FEBRUARY 12. 5:00 PM. Extended deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its proposal to revise its rules of practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals. See, notice in the Federal Register, December 22, 2009, Vol. 74, No. 244, at Pages 67987-68004. See also, story titled "USPTO Seeks Comments on Rules of Practice before the BPAI in Ex Parte Appeals" in TLJ Daily E-Mail Alert No. 2,026, December 22, 2009. And see, notice of extension in the Federal Register, February 1, 2010, Vol. 75, No. 20, at Pages 5012-5013.

Deadline to submit comments to the Copyright Royalty Judges (CRJ) regarding the motion of Phase I claimants for partial distribution in connection with the 2004 through 2007 satellite royalty funds. See, notice in the Federal Register, January 27, 2010, Vol. 75, No. 17, at Pages 4423-4424.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Dow Jones & Company v. Ablaise Ltd., App. Ct. No. 2009-1524, an appeal from the U.S. District Court (DC) in a patent infringement case regarding web page personalization. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Golden Hour Data Systems, Inc. v. emsCharts, Inc., App. Ct. No. 2009-1306, an appeal from the U.S. District Court (EDTex) in a patent infringement case. Location: Courtroom 402, 717 Madison Place, NW.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding self-regulatory guidelines submitted by i-safe under the safe harbor provision of the Children's Online Privacy Protection rule. See, i-safe's application [22 pages in PDF], proposed guideline requirements [30 pages in PDF], and chart [10 pages in PDF] comparing sections of the rule to the proposed guidelines. See also, FTC release and notice [6 pages in PDF]. See, story titled "FTC Seeks Comments on Proposed COPPA Safe Harbor" in TLJ Daily E-Mail Alert No. 2,033, January 6, 2010.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking (2ndFNPRM) regarding the Emergency Alert System (EAS) The FCC adopted this item on January 12, 2010, and released the text [23 pages in PDF] on January 14. It is FCC 10-11 in EB Docket No. 04-296. See, notice in the Federal Register, January 29, 2010, Vol. 75, No. 19, at Pages 4760-4768.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Going Mobile: Technology and Policy Issues in the Mobile Internet". The speakers will be Robert Atkinson (ITIF), Richard Bennett (ITIF), Harold Feld (Public Knowledge), Morgan Reed (Association for Competitive Technology), and Barbara Esbin (Progress & Freedom Foundation). See, notice. This event is free and open to the public. The ITIF will webcast this event. Location: ITIF, Suite 610A, 1101 K St., NW.

10:00 AM. The Senate Judiciary Committee's (SJC) Subcommittee on Human Rights and the Law will hold a hearing titled "Global Internet Freedom and the Rule of Law, Part II". See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in iLight Technologies, Inc. v. Fallon Luminous Corp., App. Ct. No. 2009-1342, an appeal from the U.S. District Court (MDTenn) in a patent infringement case involving LED lighting technology. Location: Courtroom 201, 717 Madison Place, NW.

RESCHEDULED FROM FEBRUARY 10. 11:00 AM - 12:00 NOON. The Federal Communications Commission's (FCC) Advisory Committee for the 2012 World Radiocommunication Conference will meet. See, notice in the Federal Register, January 14, 2010, Vol. 75, No. 9, at Page 2141. See also, FCC notice of postponement, FCC notice of rescheduling, and notice of rescheduling in the Federal Register, February 19, 2010, Vol. 75, No. 33, at Page 7480. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a panel discussion by teleconference titled "Basics of Copyright, Trade Secrets and Trademarks". The speakers will by Gary Weiss (Orrick Herrington & Sutcliffe), Randi Singer, Weil, Gotshal, & Manges), Pierre Davis (McGraw-Hill Companies), Arman Oruc (Simpson Thacher & Bartlett), and Andrea D'Ambra (Drinker Biddle & Reath). The event is free, but registration is required. See, notice.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "The 2010 Trade Agenda". The witness will be Ron Kirk, head of the Office of the U.S. Trade Representative (OUSTR). See, notice. Location: Room 215, Dirksen Building.

10:00 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Domestic and International Trademark Implications of HAVANA CLUB and Section 211 of the Omnibus Appropriations Act of 1999". See, notice. Location: Room 2141, Rayburn Building.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in Princo Corp. v. USITC, App. Ct. No. 2007-1386, a case regarding importation of compact discs. See, April 20, 2009, panel opinion [pages in PDF] of the Court of Appeals. Location: Courtroom 201, 717 Madison Place, NW.

The Office of the U.S. Trade Representative (OUSTR) will hold a hearing to assist it in making determinations that identify countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. The OUSTR is required to make these Special 301 determinations by Section 182 of the Trade Act of 1974, which is codified at 19 U.S.C. § 2242. See, notice in the Federal Register, January 15, 2010, Vol. 75, No. 10, at Pages 2578-2580. Location: U.S. International Trade Commission, 500 E St., SW.

11:00 AM - 6:00 PM. The Association of American Publishers (AAP) will hold an event titled "AAP General Annual Meeting". There will be a panel discussion titled "The Future of Copyright". The speakers will include Marybeth Peters (Register of Copyright), Mark Helprin (author of the book [Amazon] titled "Digital Barbarism: A Writer's Manifesto"), and Pamela Samuelson (UC Berkeley). There will also be a panel titled "Navigating Changes in Business Models in the Emerging Digital World". See, agenda. Location: Hyatt Regency on Capitol Hill, Columbia Room A & B, 400 New Jersey Ave., NW.

9:00 AM - 2:00 PM. The National Telecommunications and Information Administration's (NTIA) Commerce Spectrum Management Advisory Committee will meet. See, notice in the Federal Register, February 18, 2010, Vol. 75, No. 32, at Page 7234. Location: Department of Commerce, Room 4830, 1401 Constitution Ave., NW.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "Reform in K-12 STEM Education". The HSC will webcast this event. Location: Room 2318, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Siemans AG v. Seagate Technology, App. Ct. No. 2009-1382, an appeal from the U.S. District Court (CDCal) in a patent infringement case involving technology for reading data on hard disk drives. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Lincoln National Life Insurance Company v. Transamerica Life Insurance Company, App. Ct. No.2009-1403, a patent infringement case regarding a computer based method for providing retirement benefits. Location: Courtroom 201, 717 Madison Place, NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Cloud Computing: A Truly New Service or Just a New Trendy Name?". The speakers will be Bruce Andrews (General Counsel, Senate Commerce Committee), Jeffery Goldthorp (FCC), Debra Diener (IRS), Lew Oleinick (Defense Logistics Agency), John Nagengast (AT&T), Stephen Schmidt (Amazon Web Services), and Carolyn Brandon (Georgetown University business school). The price to attend ranges from free to $30. Most DC Bar events are not open to the public. See, notice. For more information, call 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics (BOE) will host a seminar presented by Scott Hemphill (Columbia University law school) and Bhaven Sampat (Columbia). Hemphill has published papers on antitrust, drug patent settlements), and network neutrality. For more information, contact Loren Smith lsmith2 at ftc dot gov or Tammy John tjohn at ftc dot gov. Location: FTC, Conference Center, 601 New Jersey Ave., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) Wireline Committee will host an event titled "Special Access: Historical Perspective and Current Issues". The price to attend ranges from $95 to $150. This event qualifies for continuing legal education credits. Registrations and cancellations are due by 5:00 PM on March 2. Location: 6th floor, Sidley Austin, 1501 K St., NW.

10:30 AM - 5:00 PM. The Federal Communications Commission (FCC) will host a workshop titled "Serving the Public Interest in the Digital Era". The topics on the agenda include the public interest requirements for commercial media and telecommunications companies, local commercial broadcast TV and radio news and information, and "impact of media convergence and the emergence of the Internet, mobile technologies, and digital media on FCC media policy". See, notice. Location: FCC, Commission Meeting Room.

Deadline to submit to the Federal Communications Commission (FCC) statements in support of or in opposition to the petition for rulemaking [22 pages in PDF] submitted by the California Public Utilities Commission (CPUC) regarding direct access to the FCC's Network Outage Reporting System (NORS). See, notice in the Federal Register, February 9, 2010, Vol. 75, No. 26, at Pages 6339-6340. This proceeding is RM-11588 and ET Docket No. 04-35.