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April 8, 2010, Alert No. 2,073.
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Photographers and Graphic Artists File Class Action Copyright Infringement Complaint Against Google

4/7. The American Society of Media Photographers (ASMP), Graphic Artists Guild (GAG), Picture Archive Council of America, and others filed a complaint [22 pages in PDF] in the U.S. District Court (SDNY) against Google alleging copyright infringement in connection with Google's scanning, storing and distribution of books and periodicals that contain copyrighted photographs and other visual works.

The plaintiffs seek to represent the class of all persons and entities that own the copyright and/or the relevant exclusive rights in an original visual work, such as a photograph or illustration, published in books and/or periodicals.

The ASMP stated in a release that "This action by ASMP and its sister organizations was taken in order to protect the interests of owners of copyrights in visual works from the massive and organized copying and public display of their images without regard to their contributions and rights to fair compensation."

Victor Perlman, General Counsel of the ASMP, stated in this release that "We are seeking justice and fair compensation for visual artists whose work appears in the twelve million books and other publications Google has illegally scanned to date. In doing so, we are giving voice to thousands of disenfranchised creators of visual artworks whose rights we hope to enforce through this class action."

The GAG stated in a release [PDF] that "At issue is Google's recent digitization of books numbering in the millions for the benefit of the Google Library Project. Most of the books included protected visual works. Google has negotiated a settlement with the text authors and other rights holders whose work was unlawfully digitized but left thousands of visual artists without any compensation."

The sole defendant is Google. The complaint does not name as defendants the libraries that are allowing Google to scan and digitize books from their collections, including the University of California, University of Michigan, University of Virginia, University of Wisconsin, and Stanford University.

The complaint states that "These books and periodicals contain photographs, illustrations, graphic art, and other visual images protected by copyright law. Google has stored for its own commercial uses, both known and unknown, a digital copy of the books and periodicals and the visual works therein and has electronically distributed and publicly displayed the same."

The complaint continues that by scanning and creating a digital copy, storing a digital copy, and distributing and publicly displaying these visual works, "Google has infringed ... the various exclusive rights in" these works.

Count One of the complaint alleges copyright infringement in violation of 17 U.S.C. § 501. It further alleges willful infringement.

The complaint seeks actual damages, statutory damages in a sum of not less than $30,000 per visual work infringed, and for willful infringement statutory damages of $150,000 per visual work infringed.

Count Two alleges that the plaintiffs are entitled to an "injunction barring Google from continued infringement of the copyrights" of the plaintiffs and the class.

Count Three seeks declaratory relief -- a judgment declaring that Google infringed and continues to infringe the copyrights of plaintiffs and members of the class.

The just filed case is American Society of Media Photographers, Inc., et al. v. Google, Inc., U.S. District Court for the Southern District of New York, D.C. No. 10-cv-2977, Judge Denny Chin presiding.

Author's Guild and AAP v. Google. The Author's Guild filed a class acton complaint against Google in the U.S. District Court (SDNY) on September 20, 2005. See, story titled "Author's Guild Sues Google for Copyright Infringement" in TLJ Daily E-Mail Alert No. 1,218, September 21, 2005.

Various large book publishers filed a complaint against Google in the same District Court on October 19, 2005. See, story titled "Major Book Publishers Sue Google for Digitizing Copyrighted Books" in TLJ Daily E-Mail Alert No. 1,237, October 20, 2005. Both complaints allege copyright infringement in connection with Google scanning and distributing books.

Groups representing photographers and other visual artists are not plaintiffs in either of those complaints. Nor did they file their own complaints in 2005.

See also, story titled "University Publishers Accuse Google of Systematic Infringement of Copyright on a Massive Scale" in TLJ Daily E-Mail Alert No. 1,142, May 25, 2005, story titled "Google, Publishers and Authors Debate Google's Print for Libraries Program" in TLJ Daily E-Mail Alert No. 1,239, October 25, 2005, and story titled "Microsoft Counsel Says Google Systematically Violates Copyright" in TLJ Daily E-Mail Alert No. 1,547, March 6, 2007.

Google, the book publishers and Author's Guild announced a settlement agreement on October 28, 2008. Class action settlements require Court approval.

See, amended settlement agreement [173 pages in PDF] and original agreement marked up with amendments [179 pages in PDF], and story titled "Amended Settlement Agreement Filed in Google Books Case" in TLJ Daily E-Mail Alert No. 2,015, November 16, 2009.

The Department of Justice (DOJ) has filed pleading criticizing components of the agreements. See, story titled "DOJ Files Pleading in Google Books Case" in TLJ Daily E-Mail Alert No. 1,985, September 21, 2009, and story titled "DOJ Criticizes Amended Google Books Settlement" in TLJ Daily E-Mail Alert No. 2,043, February 12, 2010.

On September 2, 2009, the ASMP, GAG, and others filed objections [23 pages in PDF] to the proposed settlement agreement.

They stated in a September 1, 2009, letter to the District Court that "The Proposed Settlement, if approved, would likely have a profound, negative impact on the interests of the Photographers and Graphic Artists. First and most obvious, Google has committed willful infringement through the unauthorized copying of photographs and other visual material published in ``books,´´ yet many Photographers and Graphic Artists will be paid nothing for past infringement."

They added that "Under the Proposed Settlement, Google would have an unlimited license to digitize and commercialize books in the future, yet Photographers and Graphic Artists would be excluded from the Proposed Settlement's revenue-sharing formula and the proposed Book Rights Registry."

They also filed a motion to intervene, which the District Court rejected. See, ASMP release.

The just filed action is in the same court, and before the same Judge.

That case is Authors Guild and Association of American Publishers v. Google, Inc., U.S. District Court for the Southern District of New York, D.C. No. 05 Civ. 8136 (DC), Judge Denny Chin presiding.

FCC Extends Deadline to Submit Comments on Internet Regulation NPRM

4/7. The Federal Communications Commission (FCC) extended the deadline to submit reply comments in its rulemaking proceeding regarding regulation of the network management practices of broadband internet access service providers. See, FCC order.

The new deadline is April 26, 2010.

The U.S. Court of Appeals (DCCir) April 6, 2010, opinion [36 pages in PDF] in Comcast v. FCC, vacated the FCC's August 2008 order that asserted authority to regulate the network management practices of broadband internet access providers. The Court's reasoning suggests that it might also vacate the proposed rules, if adopted.

On October 22, 2009, the FCC adopted and released its Notice of Proposed Rulemaking (NPRM) [107 pages in PDF] that proposes to regulate the network management practices of broadband internet access service providers. This proceeding is titled "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.

For TLJ coverage of the NPRM, see story titled "FCC Adopts Internet Regulation NPRM" and related stories in TLJ Daily E-Mail Alert No. 2,008, October 23, 2009.

For TLJ coverage of the opinion in Comcast v. FCC, see story titled "Court of Appeals Vacates FCC's Comcast Order" and related stories in TLJ Daily E-Mail Alert No. 2,072, April 7, 2010.

USPTO Announces Patents Ombudsman Pilot Program

4/6. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register that announces a one year Patents Ombudsman Pilot Program, and seeks comments on modifying and making permanent this proposed procedure.

The USPTO stated in this notice that this program "is intended to provide patent applicants, attorneys and agents with assistance with application-processing issues regarding concerns with advancement of prosecution (e.g., stalled applications). The Patents Ombudsman Pilot Program is not intended to circumvent normal communication between pro se applicants or applicants' representatives and examiners or Supervisory Patent Examiners, and it is not intended to supersede the authority of the examiners or Supervisory Patent Examiners." (Parentheses in original.)

David Kappos, head of the USPTO, stated in a release that "This program is a direct response to feedback we’ve received from members of the patent community who have told us that they need a dedicated resource they can turn to when they have concerns about the prosecution of their application ... We are always striving for ways to improve the quality and efficiency of patent examinations, and we believe this initiative is an important step forward on both these fronts."

The program will run for one year beginning on April 6, 2010. The deadline to submit comments is April 6, 2011. See, Federal Register, April 6, 2010, Vol. 75, No. 65, at Pages 17380-17382.

GAO Reports on Critical Infrastructure Resiliency

4/5. The Government Accountability Office (GAO) released a report [48 pages in PDF] tilted "Critical Infrastructure Protection: Update to National Infrastructure Protection Plan Includes Increased Emphasis on Risk Management and Resilience".

It states that "We placed the protection of the federal government's information systems and the nation's critical infrastructures on our high-risk list in 1997. We consider this area high risk because federal agencies and our nation's critical infrastructures -- such as power distribution, water treatment and supply, telecommunications, national defense, and emergency services -- rely extensively on computerized information systems and electronic data to carry out their operations. The security of these systems and data is essential to preventing disruptions in critical operations, fraud, and inappropriate disclosure of sensitive information. Protecting federal computer systems and the systems that support critical infrastructures -- referred to as cyber critical infrastructure protection, or cyber CIP -- is a continuing concern.

The report states that many people have "have expressed concerns that DHS has placed most of its emphasis on protection -- actions to deter the threat, mitigate vulnerabilities, or minimize the consequences associated with an attack or disaster -- rather than resiliency -- which, according to DHS, is the ability to resist, absorb, recover from, or successfully adapt to adversity or a change in conditions".

This report addresses how the DHS is addressing resiliency.

People and Appointments

4/7. Carol Mattey was named Deputy Chief of the Federal Communications Commission's (FCC) Wireline Competition Bureau. See, FCC release. She will focus on universal service issues. She previously worked on the drafting of universal service related portions of the FCC's staff report [376 pages in PDF] titled "National Broadband Plan", released on March 15, 2010. Before that, she worked for Deloitte & Touche. And before that, she worked at the FCC.

4/6. Julie Brill was sworn in as a Commissioner of the Federal Trade Commission (FTC) for a term that expires on September 25, 2016. See, FTC release.

4/6. Edith Ramirez was sworn in as a Commissioner of the Federal Trade Commission (FTC) for a term that expires on September 25, 2015. See, FTC release.

More News

4/6. The Federal Communications Commission (FCC) published a notice in the Federal Register that announces, describes, and sets comments deadlines for, its Public Notice regarding the buildout requirements for the 2.3 GHz Wireless Communications Services (WCS) band. The FCC adopted this item on March 26, 2010, and released the text [8 pages in PDF] on March 29, 2010. It is FCC 10-46 in WTB Docket No. 07-293. The deadline to submit initial comments is April 21, 2010. The deadline to submit reply comments is May 3, 2010. See, Federal Register, April 6, 2010, Vol. 75, No. 65, at Pages 17349-17352.

4/6. The Department of Justice's (DOJ) Bureau of Prisons (BOP) published a notice in the Federal Register that announces, describes, recites, and sets the comment deadline for, it proposed ruled changes regarding prison communications, including prisoner telephone communications. This proceeding does not pertain to delivery or use of unauthorized cell phones in federal prisons. See, Federal Register, April 6, 2010, Vol. 75, No. 65, at Pages 17324-17329. Deadline to submit comments in June 7, 2010.

4/6. The National Archives and Records Administration's (NARA) Information Security Oversight Office (ISOO) published a notice in the Federal Register that announces, describes, recites, and sets the effective date (May 6, 2010) for, its amendments to National Industrial Security Program Directive No. 1. This notice states that these changes provide "guidance to agencies on release of certain classified information (referred to as ``proscribed information´´) to contractors that are owned or under the control of a foreign interest and have had the foreign ownership or control mitigated by an arrangement known as an Special Security Agreement (SSA)". See, Federal Register, April 6, 2010, Vol. 75, No. 65, at Pages 17305-17307.

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In This Issue
This issue contains the following items:
 • Photographers and Graphic Artists File Class Action Copyright Infringement Complaint Against Google
 • FCC Extends Deadline to Submit Comments on Internet Regulation NPRM
 • USPTO Announces Patents Ombudsman Pilot Program
 • GAO Reports on Critical Infrastructure Resiliency
 • People and Appointments
 • More News
Washington Tech Calendar
New items are highlighted in red.
Thursday, April 8

The House will not meet the week of April 5-9, 2010. See, 2010 House calendar.

The Senate will not meet the week of April 5-9, 2010. See, 2010 Senate calendar.

8:00 AM - 5:00 PM. Day two of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, March 19, 2010, Vol. 75, No. 53, Pages 13258-13259. Location: Washington Marriott Wardman Park Conference Center, 2660 Woodley Road, NW.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Processing Equipment Technical Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, March 25, 2010, Vol. 75, No. 57, at Page 14426. Location: Room 3884, DOC, Hoover Building, 14th Street between Pennsylvania and Constitution Aves., NW.

9:00 AM - 4:00 PM. Day two of a two day meeting of the National Archives and Records Administration's (NARA) Advisory Committee on the Electronic Records Archives (ACERA). See, notice in the Federal Register, March 16, 2010, Vol. 75, No. 50, at Pages 12573-12574. Location: 700 Pennsylvania Ave., NW.

9:30 - 11:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The US Should Pick Winners". The speakers will be Robert Atkinson (ITIF), James Fallows (The Atlantic), Robert Lawrence (Harvard University), Clyde Prestowitz (Economic Strategy Institute), and Claude Barfield (American Enterprise Institute). See, notice. This event is free and open to the public. The ITIF will webcast this event. Location: DC Bar Conference Center, 1101 K St., NW.

10:00 AM - 12:00 NOON. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Policy Committee's Meaningful Use Workgroup will meet by webcast and teleconference. See, notice in the Federal Register, March 17, 2010, Vol. 75, No. 51, at Pages 12752-12753.

12:00 NOON - 1:30 PM. The National Economists Club will host a lunch. Mark DeWeaver (Quantrarian Capital Management) will give a speech titled "China's Exit Strategy for Monetary Policy". Location: Darlington House, 1610 20th St., NW.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics (BOE) will host a seminar presented by Timothy Brennan (University of Maryland, Baltimore County). 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.

Day two of a four day event hosted by the American Bar Association's (ABA) Section of Intellectual Property Law titled "Annual Intellectual Property Law Conference". See, notice. Location: Crystal Gateway Marriott, Arlington, VA.

Day one of a two day conference hosted by the DC Bar Association titled "2010 Judicial and Bar Conference". See, conference web site. The price to attend is $150. Location: Ronald Reagan Building, International Trade Center, 1300 Pennsylvania Ave., NW.

April 8 Highlights of ABA Annual Intellectual Property Law Conference

See, conference web site. Location: Crystal Gateway Marriott, Arlington, VA.

8:30 - 10:00 AM. Panel titled "Patent Reform Legislation". The speakers will be Don Martens (Knobbe Martens), Kim Jessum (Stradley Ronon), Marc Adler, Gary Griswold (3M), Hayden Gregory, Judge Paul Michel (U.S. Court of Appeals for the Federal Circuit), David Simon (Intel), and Robert Stoll (USPTO).

8:30 - 10:00 AM. Panel titled "Texting, Toggling, Tagging, Tweeting: Copyright, Trademark and Advertising in New Media". The speakers will be Marylee Jenkins (Arent Fox), Mike O'Donnell (iCopyright), Maria Pallente (Copyright Office), Matt Robinson (Attributor, Inc.), Matthew Asbell (Ladas & Parry), Andrew Lustigman, and Tsan Abrahamson (Cobalt).

10:15 - 11:45 AM. The will be a panel titled "The Year in Patent Law". The speakers will be Kevin Casey (Stradley Ronon Stevens & Young), Timothy Holbrook (Emory University School of Law), Sherry Knowles (Glaxo Smith Kline), Denise DeFranco (Finnegan Henderson), and Ami Patel Shah (Intel).

10:15 - 11:45 AM. The will be a panel titled "The Google Books Settlement". The speakers will be June Besek (Columbia Law School), James McEwen (Stein McEwen), Jonathan Band, Joseph Gratz (Durie Tangri), Joel Lutzker (Ocean Tomo), Mary Rasenberger Skadden Arps), and Madelyn Wessel (University of Virginia).

12:00 NOON - 1:30 PM. Lunch. The speaker will be David Kappos (head of the USPTO).

1:45 - 3:15 PM. Panel titled "Hot Topics in Foreign Patent Procurement and Enforcement". The speakers will be Jay Erstling (Patterson Thuente Skaar & Christensen), Matthew Bryan (World Intellectual Property Organization), Barry Eagar, Deshan Li, and Gwilym Roberts (Kilburn & Strode).

1:45 - 3:15 PM. Panel titled "Of Courts & Copyists: The Most Recent Developments in the World of Copyright Law". The speakers will be Michael Keyes (K&L Gates) and Katherine Spelman (Cobalt).

1:45 - 3:15 PM. Panel titled "Biosimilars 2010".

3:30 - 5:00 PM. Panel titled "Best Practices for Selecting, Retaining and Working with Experts in Patent Cases".

3:30 - 5:00 PM. Panel titled "The Most Important Trademark Presentation of Your Career ".

3:30 - 5:00 PM. Panel titled "The DMCA Revisited: Analyzing the first 12 Years of Case Law under the Statute and Its Application to UGC Sites". The speakers will be Ian Ballon (Greenberg Traurig), Daniel Cooper (Fox Interactive Media), and Jonathan Gottlieb (Fox Entertainment).

Friday, April 9

8:00 AM - 12:30 PM. Day three of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, March 19, 2010, Vol. 75, No. 53, Pages 13258-13259. Location: Washington Marriott Wardman Park Conference Center, 2660 Woodley Road, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will consider on the briefs Tiger Team Tech v. Synesi Group, App. Ct. No. 2009-1508, an appeal from the U.S. District Court (DMinn) in case regarding formation of a patent licensing agreement. Location: Courtroom 201, 717 Madison Place, NW.

Day three of a four day event hosted by the American Bar Association's (ABA) Section of Intellectual Property Law titled "Annual Intellectual Property Law Conference". See, notice. Location: Crystal Gateway Marriott, Arlington, VA.

Day two of a two day conference hosted by the DC Bar Association titled "2010 Judicial and Bar Conference". See, conference web site. The price to attend is $150. At 2:30 PM there will be a two part seminar titled "Emerging E-Communications Issues: Before, During, and After Trial". Location: Ronald Reagan Building, International Trade Center, 1300 Pennsylvania Ave., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7669 [17 pages in PDF] titled "Open Vulnerability Assessment Language (OVAL) Validation Program Derived Test Requirements".

April 9 Highlights of ABA Annual Intellectual Property Law Conference

8:30 - 10:00 AM. Panel titled "Litigating Validity: Obviousness and Collateral Challenges".

8:30 - 10:00 AM. Panel titled "Insurance Challenges: What Every Intellectual Property Lawyer Should Know About Legal Malpractice Insurance".

8:30 - 10:00 AM. Panel titled "The Use of Opinion of Counsel as Evidence in Patent Litigation".

10:15 - 11:45 AM. Panel titled "Navigating Inter Partes Reexamination".

10:15 - 11:45 AM. Panel titled "Taking & Defending Depositions in Trademark Cases".

10:15 - 11:45 AM. Panel titled "Getting Out of the Hot Seat: Mediation and Other Mechanisms for Early Termination of Section 337 Investigations".

12:00 NOON. Lunch.

1:45 - 3:15 PM. Panel titled "The Future of Distribution of Entertainment Content". The speakers will be Gary Greenstein (Wilson Sonsini), James Burger (Dow Lohnes), and Steven Englund (Jenner & Block).

1:45 - 3:15 PM. Panel titled "The Net Neutrality Debate: An IP Perspective". The speakers will be Howard Walthall (Burr & Forman), Chris Castle, Markham Erickson (Holch & Erickson), David Hricik (Mercer University School of Law), Randy Milch (Verizon), and Mercedes Meyer (Drinker Biddle & Reath).

1:45 - 3:15 PM. Panel titled "Patent and Trademark Prosecution Ethics".

3:30 - 5:00 PM. Panel titled "IP Issues in Entertainment Industry Transactions". The speakers will be Kenneth Kaufman (Manatt Phelps & Phillips), and Kirk Schroder (Schroder Fidlow & Titley).

3:30 - 5:00 PM. Panel titled "Patent Licensing for Standards: How the Deal is Done".

3:30 - 5:00 PM. Panel titled "Anatomy of an Infringement Claim: Analyzing and Responding to a Letter Asserting Trademark or Patent Infringement".

3:30 - 5:00 PM. Panel titled "Patent Practice Perspectives: Addressing Client and Subject Matter Conflicts".

Saturday, April 10

Day four of a four day event hosted by the American Bar Association's (ABA) Section of Intellectual Property Law titled "Annual Intellectual Property Law Conference". At 8:30 - 11:45 AM there will be a panel titled "Hot Topics in Copyright, Trademark and Patent Law". At 8:30 - 10:00 AM there will be a Mock Preliminary Injunction Hearing. At 10:15 - 11:45 AM there will be a panel titled "Strategic Forum Selection in Patent Litigation". See, notice. Location: Crystal Gateway Marriott, Arlington, VA.

Monday, April 12

The Senate will return from its spring recess.

5:30 - 8:45 PM. The DC Bar Association will host an event titled "Covenants Not To Compete". The speakers will be Edward Isler (Isler Dare Ray) and Leslie Tabackman. 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 comments to the Department of Justice's (DOJ) Antitrust Division regarding the proposed settlement of the DOJ's Clayton Act action against Ticketmaster and Live Nation. See, notice in the Federal Register, February 10, 2010, Vol. 75, No. 27, at Pages 6709-6728. See also, story titled "DOJ Requires Ticketmaster Live Nation to License Ticket Software and Divest Ticketing Assets" in TLJ Daily E-Mail Alert No. 2,038, January 25, 2010.

Deadline to submit comments to the Federal Communications Commission's (FCC) International Bureau (IB) to assist it in developing recommendations to the Department of State for U.S. proposals and positions at the upcoming World Telecommunication Development Conference (WTDC) and the Plenipotentiary Conference of the International Telecommunication Union (ITU). See, notice. This proceeding is IB Docket No. 10-68.

Tuesday, April 13

The House will return from its spring recess.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee (RPTAC) will hold a partially closed meeting. See, notice in the Federal Register, March 25, 2010, Vol. 75, No. 57, at Pages 14426-14427. Location: Room 3884, DOC, Hoover Building, 14th Street between Pennsylvania and Constitution Aves., NW.

9:00 AM - 12:45 PM. The Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) will host an event titled "Workshop on Communications Infrastructure and Information Collection". The deadline to register to attend is April 9, 2010. See, registration page. Location: FCC, Commission Meeting Room (TW-C305), 445 12th St., SW.

10:30 AM - 12:00 NOON. The Heritage Foundation will host a panel discussion titled "Is the Chinese RMB Really Hurting the American Economy?" The speakers will be David Kavanaugh (office of Sen. John Ensign (R-NV)), Daniel Ikenson (Cato Institute), Derek Scissors (Heritage), and Walter Lohman (Heritage). See, notice. The Heritage Foundations will webcast this event. Location: Heritage, 214 Massachusetts Ave., NE.

1:30 - 4:30 PM. The Department of Homeland Security's (DHS) National Infrastructure Advisory Council (NIAC) will meet. See, notice in the Federal Register, March 25, 2010, Vol. 75, No. 57, at Pages 14454-14455. Location: National Press Club, Ballroom, 529 14th St.,  NW.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar presented by Joshua Gans (Melbourne University) titled "Collusion on the Extensive Margin". For more information, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: DOJ, Liberty Square Building, 450 5th St., NW.

Day one of a three day event hosted by the National Institute of Standards and Technology (NIST) titled "9th Symposium on Identity and Trust on the Internet". See, notice. The price to attend is $180. Location: NIST, Administration Building, Green Auditorium, 100 Bureau Drive, Gaithersburg, MD.

Wednesday, April 14

9:00 AM - 12:00 NOON. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Policy Committee's NHIN Workgroup will meet by webcast and teleconference. See, notice in the Federal Register, March 17, 2010, Vol. 75, No. 51, at Pages 12752-12753.

RESCHEDULED FROM MARCH 23. 9:30 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. See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 - 11:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "How IT is Driving the Self-Service Economy". The speakers will be Rob Atkinson (ITIF) and Daniel Castro (ITIF). This event is free and open to the public. The ITIF will webcast this event. Location: ITIF, 1101 K St., NW.

12:00 NOON - 6:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Engineering Advisory Committee. See, notice in the Federal Register, March 24, 2010, Vol. 75, No. 56, at Page 14205. Location: NSF, 4201 Wilson Boulevard, Suite 1235, Arlington, VA.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a teleconferenced and webcast panel discussion titled "Data Protection vs. Global Interconnectivity: What Every Employment Lawyer Must Know About the Cross Border Transfer of Personal Information". The speakers will be Philip Berkowitz (Nixon Peabody), Andrea Blander (Oracle), Boris Dzida (Freshfields Bruckhaus Deringer), and Miriam Wugmeister (Morrison & Foerster). See, notice. Prices vary.

RESCHEDULED FROM MARCH 23. 2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Reviewing the National Broadband Plan". FCC Chairman Julius Genachowski will testify. See, FCC staff report [376 pages in PDF] titled "A National Broadband Plan for Our Future" and story titled "FCC Releases National Broadband Plan" in TLJ Daily E-Mail Alert No. 2,058, March 15, 2010. See, SCC notice. Location: Room 253, Russell Building.

Day two of a three day event hosted by the National Institute of Standards and Technology (NIST) titled "9th Symposium on Identity and Trust on the Internet". See, notice. The price to attend is $180. Location: NIST, Administration Building, Green Auditorium, 100 Bureau Drive, Gaithersburg, MD.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding its report to Congress regarding the Open-Market Reorganization for the Betterment of International Telecommunications Act (ORBIT Act). See, notice [PDF]. This proceeding is IB Docket No. 10-70.

Extended deadline to submit comments to the Internet Corporation for Assigned Names and Numbers (ICANN) regarding the ICANN paper [13 pages in PDF] titled "Proposed Initiatives for Improved DNS Security, Stability and Resiliency", and the ICANN paper [18 pages in PDF] titled "Global DNS-CERT Business Case: Improving the Security, Stability and Resiliency of the DNS". See also, ICANN notice.

Thursday, April 15

8:15 AM - 12:00 NOON. Day two of a two day meeting of the National Science Foundation's (NSF) Engineering Advisory Committee. See, notice in the Federal Register, March 24, 2010, Vol. 75, No. 56, at Page 14205. Location: NSF, 4201 Wilson Boulevard, Suite 1235, Arlington, VA.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of S 3111 [LOC | WW], the "Faster FOIA Act of 2010", a bill to create a powerless commission that would write a toothless report on why federal officials do not comply with the federal Freedom of Information Act (FOIA), which is codified at 5 U.S.C. § 552. The agenda also includes consideration judicial nominees: Sharon Coleman (to be a Judge of the U.S. District Court for the Northern District of Illinois), Gary Feinerman (USDC/NDIll), and William Martinez (USDC/DColo). The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics (BOE) will host a seminar presented by Annamaria Lusardi (Dartmouth University Department of Economics). She focuses on consumers' financial education and literacy. Location: FTC, Conference Center, 601 New Jersey Ave., NW.

6:00 - 9:15 PM. The DC Bar Association will host an event titled "Relationship Between Intellectual Property and Government Contracts". This is the first of a two part series. The second is on April 22. The speakers will be David Bloch (Winston & Strawn), Richard Gray (DOD Office of General Counsel), John Lucas (Department of Energy), and James McEwen (Stein McEwen). 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.

Day three of a three day event hosted by the National Institute of Standards and Technology (NIST) titled "9th Symposium on Identity and Trust on the Internet". See, notice. The price to attend is $180. Location: NIST, Administration Building, Green Auditorium, 100 Bureau Drive, Gaithersburg, MD.

11:59 PM. Deadline to submit comments to the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP) regarding President Obama's documents titled "Strategy for American Innovation" and release titled "Grand Challenges of the 21st Century". See, notice in the Federal Register: February 3, 2010, Vol. 75, No. 22, at Pages 5634-5636.