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March 4, 2010, Alert No. 2,055.
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NIST Announces Creation of 700 MHz Public Safety Broadband Demonstration Network

3/3. The Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) published a notice in the Federal Register titled "Notice of Solicitation of Participation". It announces the creation of a "700 MHz Public Safety Broadband Demonstration Network", and solicits "Expressions of Interest" to participate.

The NTIA will host a web event titled "kick-off informational meeting" on March 15, 2010. The deadline to register to participate in this meeting is 3:00 PM on March 12, 2010.

The deadline to submit "Expressions of Interest" to participate in the program is 3:00 PM on April 30, 2010.

While it is the DOC's National Telecommunications and Information Administration (NTIA) that has many responsibilities with respect to spectrum management and use, this program is run by the DOC's NIST.

The NIST states in its notice that this "700 MHz Public Safety Broadband Demonstration Network ... will provide
manufacturers and first responders a location for early deployment of their systems in a multi-vendor, neutral host environment."

It adds that "Emergency responders will see how these broadband systems will function and determine through hands-on experience how these systems meet their unique needs."

This project "will allow NIST, manufacturers and public safety users a site for the early deployment of their systems in order to evaluate the Third Generation Partnership Project (3GPP) Long Term Evolution (LTE) standard".

See, Federal Register, March 3, 2010, Vol. 75, No. 41, at Pages 9586-9587.

Strickling Discusses NTIA Agenda

2/24. Lawrence Strickling, head of the National Telecommunications and Information Administration (NTIA), gave a speech in Washington DC to the Media Institute titled "The Internet: Evolving Responsibility for Preserving a First Amendment Miracle".

Lawrence StricklingThe NTIA is one of the agencies involved in administering broadband grants. However, that was not the subject of this speech. Strickling (at right) said that "Our agenda this year is to refocus on the ``I´´ in NTIA -- Internet and information policy".

With respect to internet governance and the Internet Corporation for Assigned Names and Numbers (ICANN), he said, "how do we ensure that ICANN serves the public interest and conducts its activities with the openness and transparency that the global Internet community demands? Last fall, NTIA and ICANN set forth a framework for technical coordination of the naming and numbering system and I am looking forward to soon participating in the first of the administrative reviews to ensure that these commitments are carried out in full."

He said that "How can we enable the development of innovative new services and applications that will make intensive use of personal information but at same time protect users against harm and unwanted intrusion into their privacy? We are launching a series of listening sessions this spring with industry, advocates and academics in the field, and will follow up with a notice of inquiry and public outreach events."

He said that the NTIA's Online Safety Technology Working Group "this year ... will issue a report on the state of the art in child protection strategies online".

He said that the NTIA is "participating in a Commerce Department cybersecurity initiative".

He said, regarding copyright, that the NTIA and U.S. Patent and Trademark Office (USPTO) "are beginning a comprehensive consultation process that will help the Administration develop a forward-looking set of policies to address online copyright infringement in a balanced, Internet-savvy manner".

Apple Sues HTC for Patent Infringement

3/2. Apple announced in a release that it filed a complaint in the U.S. District Court (DDel) against High Tech Computer Corporation (HTC) and subsidiary companies alleging patent infringement. Apple also filed a parallel complaint with the U.S. International Trade Commission (USITC) alleging violation of 19 U.S.C. § 1337 in connection with its alleged importation into the US of infringing items.

Apple stated that these complaints pertain to the Apple iPhone's "user interface, underlying architecture and hardware".

The complaint alleges infringement of 20 patents. The complaint states that they cover "software and/or hardware technologies that can be incorporated into mobile communications devices, including cellular phones and smart phones". It continues that HTC makes and imports into the US infringing "mobile communication devices including cellular phone and smart phones, including at least phones incorporating the Android Operating System".

Apple seeks judgment of infringement, injunctive relief, compensatory damages, treble damages, and costs and attorneys fees.

Apple's Steve Jobs stated that "We can sit by and watch competitors steal our patented inventions, or we can do something about it. We’ve decided to do something about it ... We think competition is healthy, but competitors should create their own original technology, not steal ours."

Apple too has been accused of patent infringement and Section 337 violation in connection with its iPhone and other devices. See, story titled "Nokia Files Section 337 Complaint Against Apple" in TLJ Daily E-Mail Alert No. 2,030, December 30, 2009.

HTC is a Taiwan based company that makes mobile electronic devices, including Windows Mobile and and Google Android smart phones. See for example, the G1, sold by T-Mobile, which runs Android, and the HTC HD2 and HTC Touch Pro2, also sold by T-Mobile, which run Windows Mobile.

Apple did not name either Google or Microsoft as defendants in the complaint filed with the District Court. Although, Google's Android may be the target of this litigation. Android based phones compete with iPhones. This litigation may be intended to affect other companies' decisions to make and/or sell Android phones. Also, Google would make a more formidable litigation opponent, with its patent portfolio, capacity to fund litigation, and public reputation in the US.

HTC stated in a release that "HTC is a mobile technology innovator and patent holder that has been very focused over the past 13 years on creating many of the most innovative smartphones. HTC Corporation values U.S. and international patent rights and will work with in the U.S. Judicial System to protect its own innovations and rights."

It continued that it "believes that consumer choice is a key component to success in the smartphone industry and this is best achieved through multiple suppliers providing a variety of mobile experiences. HTC has focused on offering its customers a uniquely-HTC experience through HTC Sense and its broad portfolio of smartphones."

It concluded that it "does not believe this lawsuit poses a short-term material impact to its business nor will it affect its Q1 2010 guidance".

This case is Apple Inc. v. High Tech Computer Corporation, HTC (B.V.I.) Corporation, HTC America, Inc. and Exedea, Inc., U.S. District Court for the District of Delaware, D.C. No. 1:99-mc-0999.

FTC Sues and Settles with Web Site Privacy/Security Seal Provider

2/25. The Federal Trade Commission (FTC) disclosed that it filed a civil complaint [15 pages in PDF] in the U.S. District Court (NDGa) against ControlScan, Inc. alleging violation of Section 5 of the FTC Act, which is codified at 15 U.S.C.§ 45, in connection with its offering privacy and data security seals to web site operators without conducting verifications of their privacy and/or security protections for consumer information.

The FTC also filed an administrative complaint [PDF] against Richard Stanton, founder of ControlScan.

The FTC and ControlScan also entered into a Stipulated Final Judgment [19 pages in PDF]. Neither ControlScan nor Stanton admit wrongdoing. However, it enjoins ControlScan from engaging in any future misrepresentation of the "verification that is conducted by any party concerning the protection that a company provides for the privacy and/or security of consumer information or the steps a company has taken to provide such protection".

This also fines Richard Stanton $750,000, but suspends that fine based upon inability to pay. It also provides for compliance monitoring, compliance reporting, and recordkeeping. See also, administrative settlement agreement [PDF] which requires payment of $102,000.

The civil complaint alleged that ControlScan "offered a variety of privacy and data security seals for online companies to post on their websites".

It also alleges that "ControlScan has made statements to consumers regarding its verification of the privacy and/or security protections that companies displaying its seals provide for consumer information", such as "You can shop in confidence knowing your personal information is safe with ..."

However, the complaint alleges, "ControlScan, in many instances, conducted little or no verification of the privacy and/or security protections for consumer information provided by companies displaying" its seals.

The FTC stated in a release that "Third-party privacy and security certification programs like ControlScan are used by Web sites to assure visitors and customers that the site is secure and consumers can feel confident about providing personal and financial information. Certification companies provide privacy and security ``seals´´ to convey that an independent party is auditing the practices of the site regularly to be sure its data is not vulnerable."

Senate Finance Committee Holds Hearing on OUSTR Trade Policy Agenda and Report

3/3. The Office of the U.S. Trade Representative (OUSTR) released document titled "2010 Trade Policy Agenda and 2009 Annual Report" on March 1, 2010. The Senate Finance Committee (SFC) held a hearing on March 3 titled "The 2010 Trade Agenda". The witness was Ron Kirk, head of the Office of the U.S. Trade Representative (OUSTR).

See, prepared testimony of Kirk, opening statement [PDF] of Sen. Max Baucus (D-MT), and opening statement [PDF] of Sen. Charles Grassley (R-IA).

Sen. Max BaucusSen. Baucus (at right), the Chairman of the SFC, represents the state of Montana, which exports farm, ranch and industrial products, and would benefit from fewer trade barriers. He said that "Free trade is a tool to create opportunity for the American people. Our trade agenda cannot stand in isolation."

He said that "we should approve our pending trade agreements" with Korea, Columbia, and Panama.

The US and Korea completed negotiations for their FTA in 2007. However, the Congress has yet to approve it. See, story titled "US and Korea Announce FTA" in TLJ Daily E-Mail Alert No. 1,559, April 2, 2007. See also, text of the FTA, and sections regarding telecommunications [17 pages in PDF], electronic commerce [4 pages in PDF], and intellectual property rights [35 pages in PDF].

Sen. Baucus also said that "we should increase our support for export promotion", continue negotiations for a Trans-Pacific Partnership, "insist on an ambitious Doha Round agreement that creates opportunities for agriculture, manufacturing, and services", "enforce our existing agreements", and "ensure that our trading partners do not gain unfair advantage by failing to adopt or enforce basic labor rights and environmental protections".

Sen. Charles GrassleySen. Grassley (at left), the ranking Republican on the SFC, stated that "I'm disappointed by some of the gaps I see in the level of detail" of the OUSTR report.

For example, he complained that the report does not state the status of the FTAs with Korea, Columbia and Panama. He added that "This delay in implementation hurts U.S. credibility around the world, not just economically, but geopolitically as well. On top of that, it creates some confusion with respect to the Administration’s own trade initiatives."

He also noted that "South Korea has already concluded a trade agreement with the European Union, and Colombia has reportedly just done the same. Such erosion to global U.S. competitiveness concerns me."

Kirk wrote in his testimony that "Approval of these FTAs is a priority". He asserted that "we are working to resolve the outstanding issues".

He also referenced intellectual property. "We've been asked to protect American innovation. We did so by winning a WTO decision that found China was not meeting its intellectual property protection and enforcement obligations."

The US and other nations complained to the World Trade Organization (WTO) during the Bush administration. See, story titled "US to Complain to WTO Regarding PR China's Failure to Protect IPR" in TLJ Daily E-Mail Alert No. 1,562, April 9, 2007. However, the WTO panel ruled during the present administration. See, stories titled "WTO Panel Rules in PRC IPR Case" in TLJ Daily E-Mail Alert No. 1,979, August 24, 2009, and "PR China Appeals WTO Panel Decision on Access Barriers" in TLJ Daily E-Mail Alert No. 1987, September 23, 2009.

Ron KirkKirk (at right) also stated that "We also moved forward with the Anti-Counterfeiting Trade Agreement to step up the fight against global counterfeiting and piracy."

The OUSTR's report references negotiation of the ACTA, but mostly in the context of making the contested assertion that the negotiating process is transparent. See for example, story titled "Transparency: EFF and PK Complain About OUSTR's Secret ACTA" in TLJ Daily E-Mail Alert No. 1,935, May 6, 2009.

The OUSTR report begins with an ode to President Obama's "bold policy decisions" that have "laid the foundation for renewed American prosperity".

It glosses over renewed American protectionism. It states that the U.S. remains committed to a "rules-based global trading system", but that "we exercised American rights within that system to bring more of its promised benefits -- jobs and economic opportunities -- home to American families and businesses".

It calls for "fair trade" and "more vigorous scrutiny of foreign labor practices". It states that "we will intensify dialogue with key trade partners to ensure the discussion of labor rights as part of our trade discussions". It adds that "We will enforce fully labor and environmental rights specified in our trade agreements, including through dispute settlement as necessary."

The report states that U.S. goals include "Fighting for market access abroad", "increasing exports", and "reducing trade barriers". It says nothing about reducing barriers to imports into the U.S.

It also addresses intellectual property. "Insufficient protection of intellectual property rights undermines key U.S. comparative advantages in innovation and creativity, to the detriment of American businesses and workers. We will address insufficient protection of intellectual property rights by negotiating and enforcing effective intellectual property protection in a manner compatible with basic principles of the public welfare."

It adds that "At the same time, we will continue to recognize the need for timely transparency and public consultation when addressing intellectual property problems in rapidly changing markets, as our domestic legislation on intellectual property represents a careful and complex balancing of competing equities. This is why we have committed this year, with our trading partners, to assure meaningful public input on the proposed Anti-Counterfeiting Trade Agreement".

The report also mentions the Special 301 process. It states that in 2010 there will be a "far-ranging public hearing to assure that Special 301 decisions are based on a robust understanding of complicated issues involving intellectual property".

The report also references information and communications technologies. "We will discuss with our trading partners how trade policy could best enhance these new infrastructure services and technologies that are the digital foundations for the global innovation at which American firms particularly excel."

Obama Picks Matheson for 10th Circuit

3/3. President Obama nominated Scott Matheson to be a Judge of the U.S. Court of Appeals for the 10th Circuit. See, White House news office release and release.

He has been a professor at the University of Utah's law school since 1985. Before that, he worked for the law firm of Williams & Connolly. Also, he was the U.S. Attorney for the District of Utah during the Clinton administration. He is the author of the 2009 book [Amazon] titled "Presidential Constitutionalism in Perilous Times". He is currently teaching a basic law school course on Constitutional law.

He is the brother of Rep. Jim Matheson (D-UT).

More News

3/3. The Government Accountability Office (GAO) released a letter [31 pages in PDF] to the House and Senate Appropriations Committees regarding "Emergency Communications: Establishment of the Emergency Communications Preparedness Center and Related Interagency Coordination Challenges". This short letter attaches briefing presentation slides.

3/3. The Department of Homeland Security (DHS) announced that it seeks public comments, by April 30, 2010, regarding increasing cybersecurity. See, DHS web page titled "National Cybersecurity Awareness Campaign Challenge" and DHS release.

3/2. Julius Genachowski, Chairman of the Federal Communications Commission (FCC), gave a speech [6 pages in PDF] regarding broadband on tribal lands at the convention titled "2010 Executive Council Winter Session of the National Congress of American Indians".

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In This Issue
This issue contains the following items:
 • NIST Announces Creation of 700 MHz Public Safety Broadband Demonstration Network
 • Strickling Discusses NTIA Agenda
 • Apple Sues HTC for Patent Infringement
 • FTC Sues and Settles with Web Site Privacy/Security Seal Provider
 • Senate Finance Committee Holds Hearing on OUSTR Trade Policy Agenda and Report
 • Obama Picks Matheson for 10th Circuit
 • More News
Washington Tech Calendar
New items are highlighted in red.
Thursday, March 4

The House will meet at 10:00 AM for legislative business. It will consider several non-technology related items, including a motion to concur in the Senate amendments with an amendment to HR 2847 [LOC | WW], a bill containing appropriations for several federal departments. See, Rep. Hoyer's schedule for week of March 1, and schedule for March 4.

The Senate will meet at 9:30 AM. It will resume consideration of HR 4213 [LOC | WW], the "Tax Extenders Act of 2009". Section 111 of this large bill would extend for one year the research and development tax credit. See, story titled "Senate Considers One Year Extension to R&D Tax Credit" in TLJ Daily E-Mail Alert No. 2,054, March 3, 2010.

8:30 AM - 3:30 PM. Day one of a two day event hosted by the Software and Information Industry Association (SIIA) titled "Ed Tech Government Forum". See, event web site. Location: Hyatt Regency Capitol Hill, 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.

9:30 AM. The House Oversight and Government Reform Committee (HOGRC) will meet to mark up several bills, including HR 4098 [LOC | WW], the "Secure Federal File Sharing Act". See, notice. Location: Room 2154, Rayburn Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet will hold a hearing titled "'Hearing On “Oversight Of The American Recovery And Reinvestment Act: Broadband, Part 3". See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a hearing titled "DHS Intelligence Programs and the Effectiveness of State and local Fusion Centers". Location: Room 2358A, Rayburn Building.

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 Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda 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 Senate Appropriations Committee (SAC) will hold a hearing titled "Funding and Oversight for the Department of Commerce". The witnesses will include Gary Locke (Secretary of Commerce) and Todd Zinser (Inspector General). Location: Room 192, Dirksen 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.

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". The speakers will include FCC Commissioner Michael Copps, Steven Waldman (FCC), Paul Starr (Princeton), Henry Geller, Robert Ratcliffe (FCC), Angela Campbell (Georgetown Univ.), Barbara Cochran, Jerald Fritz (Allbritton Communications), Eric Klinenberg (NYU), Jane Mago (NAB), Tom Rosensteil (Pew Research Center), Andrew Schwartzman (MAP), Dan Brenner (Hogan & Hartson), Christopher McCabe (CTIA), Jeff Jarvis (CUN?Y), Srinandan Kasi (AP), Ben Scott (Free Press), and Adam Thierer (Progress & Freedom Foundation). See, notice. Location: FCC, Commission Meeting Room.

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.

2:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, State and Related Agencies will hold a hearing titled "FY2011 Budget for the Department of Commerce". The HAC will webcast this event. Location: Room 2359, Rayburn Building.

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.

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.

Friday, March 5

Rep. Hoyer's schedule for week of March 1 states that "no votes are expected in the House".

8:30 AM - 12:15 PM. The Information Technology Association of America (ITIF), University of Colorado's Silicon Flatirons, and Public Knowledge (PK) will host a half day conference titled "An FCC for the Internet Age". Location: Washington Court Hotel, 525 New Jersey Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in WNS Holdings, LLC v. United Parcel Service Service, Inc., App. Ct. No. 2009-1498, an appeal from the U.S. District Court (WDWisc). Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in ClearPlay, Inc. v. Nissim Corp., App. Ct. No. 2009-1471. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Fenner Investments Ltd. v. Microsoft Corp., App. Ct. No. 2009-1496, an appeal from the U.S. District Court (EDTex) in a patent infringement case involving joystick technology. Location: Courtroom 402, 717 Madison Place, NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [107 pages in PDF] that proposes to regulate the network management practices of broadband internet access service providers. The FCC titles this proceeding "In the Matter of Preserving the Open Internet Broadband Industry Practices". This NPRM is FCC 09-93 in GN Docket No. 09-191 and WC Docket No. 07-52. See, notice in the Federal Register, November 30, 2009, Vol. 74, No. 228, at Pages 62637-62662. See also, stories titled "FCC Adopts Internet Regulation NPRM", "Text of Proposed Internet Regulation Rules", "Statutory Authority and Ancillary Jurisdiction", "More Praise for the FCC's NPRM", "More Criticism of the FCC's NPRM", and "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.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding its e-rate program, and the "Protecting Children in the 21st Century Act". See, notice in the Federal Register, January 19, 2010, Vol. 75, No. 11, at Pages 2836-2843, and story titled "FCC Adopts E-Rate NPRM" in TLJ Daily E-Mail Alert No. 2,011, November 9, 2009. The FCC adopted this NPRM on November 4, 2009, and released the text on November 5, 2009. It is FCC 09-96 in CC Docket No. 02-6.

Monday, March 8

8:00 AM - 5:15 PM. Day one of a two day event hosted by the Department of Health and Human Services titled "Workshop on the HIPAA Privacy Rule's De-Identification Standard". See, notice in the Federal Register, February 24, 2010, Vol. 75, No. 36, at Pages 8363-8364. Location: Washington Marriott at Metro Center, 775 12th St., NW.

8:30 AM - 5:30 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Committee on Equal Opportunities in Science and Engineering (CEOSE). See, notice in the Federal Register, February 5, 2010, Vol. 75, No. 24, at Page 6063. Location: NSF, 4201 Wilson Boulevard, Arlington, VA.

9:00 AM. The U.S. District Court (EDVa) will hold a hearing in Microsoft v. John Does, D.C. No. 1:10CV156(LMB). This is the Waledac botnet case. See, story titled "Microsoft Obtains Ex Parte TRO in Waledac Botnet Case" in TLJ Daily E-Mail Alert No. 2,053, March 2, 2010. This hearing is open to the public. Location: Bryan Courthouse, 401 Courthouse Square, Alexandria, VA.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will hold a brown bag lunch titled "Meet the FCC's Technologists". The speakers will be Julius Knapp (Chief of the FCC's Office of Engineering and Technology), Jon Peha (Chief Technologist in the FCC's Office of Strategic Planning), and Stagg Newman (Chief Technologist on the FCC's National Broadband Task Force). The Federal Communications Bar Association (FCBA) states that this is an FCBA event. For more information, contact Tami Smith at tesmith at sidley dot com. Location: Sidley Austin, 1501 K St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a program titled "Fraud in Trademark Cases: Impact of the Federal Circuit's New Standard". The speakers will be Cheryl Black (Goodman Allen & Filetti), Michael Clayton (Morgan Lewis & Bockius), and Gerard Rogers (USPTO's Trademark Trial & Appeal Board). The price to attend ranges from $89 to $129. This event qualifies for continuing legal education (CLE) credits. Most DC Bar events are not open to the public. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

1:15 - 6:15 PM. Day one of a two day event hosted by the DC Bar Association titled "2010 Judicial and Bar Conference: Survival Strategies for Modern Legal Times". See, conference web site. Location: Ronald Reagan Building, 1300 Pennsylvania Ave., NW.

EXTENDED FROM FEBRUARY 8. Extended deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding "methods that may be employed by applicants and the USPTO to enhance the quality of issued patents, to identify appropriate indicia of quality, and to establish metrics for the measurement of the indicia". See, notice of extension in the Federal Register, February 1, 2010, Vol. 75, No. 20, at Pages 5040-5041.

Tuesday, March 9

8:30 AM - 2:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Committee on Equal Opportunities in Science and Engineering (CEOSE). See, notice in the Federal Register, February 5, 2010, Vol. 75, No. 24, at Page 6063. Location: NSF, 4201 Wilson Boulevard, Arlington, VA.

8:30 - 11:30 AM. Day two of a two day event hosted by the Department of Health and Human Services titled "Workshop on the HIPAA Privacy Rule's De-Identification Standard". See, notice in the Federal Register, February 24, 2010, Vol. 75, No. 36, at Pages 8363-8364. Location: Washington Marriott at Metro Center, 775 12th St., NW.

9:00 AM - 12:15 PM. The Federal Communications Commission (FCC) and the Knight Foundation (KF) will host an event titled "Digital Inclusion Summit: Working Together to Expand Opportunity Through Universal Access". The speakers will include FCC Chairman Julius Genachowski, FCC Commissioners Michael Copps, FCC Commissioner Mignon Clyburn and FCC Commissioner Meredith Baker. This event is free and open to the public. See, FCC notice and KF registration page. Location: Newseum, 555 Pennsylvania Ave., NW.

9:30 AM - 5:45 PM. Day two of a two day event hosted by the DC Bar Association titled "2010 Judicial and Bar Conference: Survival Strategies for Modern Legal Times". See, conference web site. At 2:30 - 5:45 PM, there will be a program, in two parts, titled "Emerging E-Communications Issues: Before, During, and After Trial". The price to attend is $55 for each part. Most DC Bar events are not open to the public. See, notice and notice. For more information, contact Verniesa Allen at 202-626-3439. Location: Location: Ronald Reagan Building, 1300 Pennsylvania Ave., NW.

Wednesday, March 10

8:45 AM - 12:30 PM. The University of Colorado's Silicon Flatirons, Information Technology and Innovation Foundation (ITIF), Federal Communications Commission (FCC), American Association of People with Disabilities (AAPD), and the District of Columbia Public Library System will host an event titled "The National Broadband Plan and Accessibility for People with Disabilities Conference". The speakers will include FCC officials, Robert Atkinson (ITIF), Jenifer Simpson (AAPD), Vint Cerf (Google), Link Hoewing (Verizon), Fernando Laguarda (Time Warner Cable), and others. See, notice and registration page. Location: Martin Luther King Library, 901 G St., NW.

10:00 AM. The House Foreign Affairs Committee (HFAC) will hold a hearing titled "The Google Predicament: Transforming U.S. Cyberspace Policy to Advance Democracy, Security, and Trade". The witnesses will be Nicole Wong (VP and Deputy General Counsel of Google), Rebecca MacKinnon (Princeton University), Robert Holleyman (P/CEO of the Business Software Alliance), and Larry Wortzel (U.S.-China Economic and Security Review Commission). See, notice. Location: Room 2172, Rayburn Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "The National Science Foundation's FY 2011 Budget Request". The HSC will webcast this event. Location: Room 2318, Rayburn Building.

11:00 AM - 3:00 PM. The Department of Defense's (DOD) Department of the Air Force's IS-GPS-200, IS-GPS-705, IS-GPS-800 Interface Control Working Group (ICWG) will meet by teleconference. This event is open to the public. To participate, call 1-800-FON-SAIC (1-800-366-7242); the code is 4511074. See, notice in the Federal Register, February 26, 2010, Vol. 75, No. 38, at Page 8928.

12:00 NOON. The Cato Institute will host a panel discussion of the book [Amazon] titled "The Watchers: The Rise of America's Surveillance State". The speakers will be Shane Harris (author), Jim Harper (Cato), and Julian Sanchez (Cato). This event is free and open to the public. Lunch will be served after the program. The Cato Institute will webcast this event. See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Nominations". Sen. Sheldon Whitehouse (D-RI) will preside. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

Thursday, March 11

9:00 - 11:00 AM. The Federal Communications Commission (FCC) will hold a panel discussion titled "FCC Broadband Strategy National Purpose Team". The speakers will be Kristen Kane (FCC's National Purposes Director), Nick Sinai (FCC's Energy and Environment Director), Eugene Huang (FCC's Government Performance Director), Mohit Kaushal (FCC's Healthcare Director), Steve Midgley (FCC's Education Director), Elana Berkowitz (FCC's Economic Opportunity Director), and Jennifer Manner (FCC's Public Safety and Homeland Security Director). The Information Technology and Innovation Foundation (ITIF) states that this is an ITIF event. Location: ITIF, 1101 K St., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a closed lunch titled "Informal Discussion with USTR General Counsel Timothy Reif". The price to attend ranges from $15 to $35. Most DC Bar events are not open to the public. This event is closed to reporters. See, notice. For more information, call 202-626-3463. Location: McKenna Long & Aldridge, 1900 K St., NW.

2:00 - 6:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Privacy and Data Security for Communications and Media Companies". The price to attend ranges from $50 to $350. This event qualifies for continuing legal education credits. Registrations and cancellations are due by 5:00 PM on March 8. Location: Arnold & Porter, 555 12th St., NW.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics (BOE) will host a seminar presented by Aviv Nevo (Northwestern University Department of Economics). For more information, contact Loren Smith at lsmith2 at ftc dot gov or Tammy John at tjohn at ftc dot gov. Location: FTC, Conference Center, 601 New Jersey Ave., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft FIPS-140 -3 titled "Security Requirements for Cryptographic Modules". See, CSD notice with hyperlinks to numerous ZIP documents and comments template.