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April 9, 2010, Alert No. 2,074.
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House to Pass Four Tech Related Bills

4/8. House Majority Leader Rep. Steny Hoyer (D-MD) announced the House schedule for the week of April 12, 2010. The House will take up four technology related bills, HR 4954, an untitled bill regarding false markings, HR 3506, the "Eliminate Privacy Notice Confusion Act'", HR 1258, the "Truth in Caller ID Act of 2009", and HR 3125, the "Radio Spectrum Inventory Act".

HR 4954: False Patent Markings Bill. Rep. Darrell Issa (R-CA) and others introduced HR 4954 [LOC | WW] on March 25, 2009.

This bill would amend 35 U.S.C. § 292, regarding false marking. The statute provides that anyone who falsely marks an item offered for sale with the name of the patentee, or the patent number, or who similarly advertises an item with intent to deceive, or who commits certain other related acts, "Shall be fined not more than $500 for every such offense".

Section 292 also provides a private right of action. This bill would amend the private right of action language to provide that "A person who has suffered a competitive injury as a result of a violation of this section may file a civil action in a district court of the United States for recovery of damages adequate to compensate for the injury".

See also, story titled "Representatives Introduce Bill to Amend Patent Act Regarding Remedies for False Markings" in TLJ Daily E-Mail Alert No. 2,067, March 30, 2010.

This bill was referred to the House Judiciary Committee (HJC). However, it held no hearing or markup.

HR 3506: Eliminate Privacy Notice Confusion Act. Rep. Erik Paulsen (R-MN) introduced HR 3506 [LOC | WW] on July 31, 2009.

It would cut down the number of privacy notices that financial institutions must send to their customers. Many customers do not read or understand these notices.

In 1999 the 106th Congress passed the Financial Modernization Act of 1999, now Public Law No. 106-102, which is better known as the Gramm Leach Bliley Act, or GLB. The main purpose of the GLB Act was to enable financial institutions, such as banks and insurance companies, to associate.

Since this process provided financial institutions with increased access to the personal financial information of customers, the Congress also included provisions intended to protect financial privacy.

The infamous Section 503 of the GLB Act, titled "Disclosure of institution privacy policy", requires numerous and voluminous disclosures to customers. It is codified at 15 U.S.C. § 6803.

This bill provides certain financial institutions an exemption to the annual notice requirement, when they do "not share information with affiliates", have not changed their policies and practices, and meet certain other criteria.

This bill was referred to the House Financial Services Committee (HFSC). However, it held no hearing or markup.

HR 1258: Truth in Caller ID Act of 2009. Rep. Eliot Engel (D-NY) and Rep. Joe Barton (R-TX) introduced HR 1258 [LOC | WW] on March 3, 2009.

The title of the bill is not descriptive of its content. The bill does not require truth in caller ID information. Callers would remain free to block caller ID information. Callers would remain free to transmit false caller ID information, provided it is not with intent to defraud. And, law enforcement and intelligence agencies would remain free to do whatever they choose with caller ID information.

This bill would amend 47 U.S.C. § 227 to provide that "It shall be unlawful for any person within the United States, in connection with any real time voice communications service, regardless of the technology or network utilized, to cause any caller ID service to transmit misleading or inaccurate caller ID information, with the intent to defraud or deceive".

The House Commerce Committee's (HCC) Subcommittee on Communications, Technology, and the Internet (SCTI) marked up the bill on October 8, 2009. See, story titled "House Communications Subcommittee Approves Truth in Caller ID Act" in TLJ Daily E-Mail Alert No. 2,000, October 9, 2009.

The HCC marked it up on March 10, 2010. See, amendment in the nature of a substitute [4 pages in PDF], and story titled "House Commerce Committee Approves Truth in Caller ID Act" in TLJ Daily E-Mail Alert No. 2,059, March 19, 2010.

The companion bill in the Senate is S 30 [LOC | WW], also titled the "Truth in Caller ID Act of 2009". The Senate passed it on February 23, 2010. However, the two bills are different.

HR 3125: Radio Spectrum Inventory Act. Rep. Henry Waxman (D-CA), Rep. Rick Boucher (D-VA) and others introduced HR 3125 [LOC | WW] on July 8, 2009. See, story titled "Representatives Introduce Spectrum Inventory Bill" in TLJ Daily E-Mail Alert No. 1,968, July 9, 2009.

The HCC's Subcommittee on Communications, Technology and the Internet (SCTI) held a hearing on December 15, 2009. The SCTI and amended and approved this bill on January 21, 2010.

The HCC amended and approved this bill on March 10, 2010. See, stories titled "House Commerce Committee Approves Radio Spectrum Inventory Act" and "Senate Commerce Committee Reports Radio Spectrum Inventory Act" in TLJ Daily E-Mail Alert No. 2,059, March 19, 2010.

This bill would require the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) to "create an inventory of each radio spectrum band of frequencies listed in the United States Table of Frequency Allocations, from 225 megahertz to, at a minimum, 3.7 gigahertz, and to 10 gigahertz unless the NTIA and the Commission determine that the burden of expanding the inventory outweighs the benefit".

The related bill in the Senate is S 649 [LOC | WW], also titled the "Radio Spectrum Inventory Act". See, story titled "Senate Commerce Committee Reports Radio Spectrum Inventory Act" in TLJ Daily E-Mail Alert No. 2,059, March 19, 2010.

Genachowski Releases Broadband Action Agenda

4/8. The Federal Communications Commission (FCC) published a web page titled "Broadband Action Agenda". It states that "This Broadband Action Agenda lists more than 60 key actions, proceedings, and initiatives the Commission intends to undertake over the next year and beyond to implement the recommendations of the National Broadband Plan".

Neither this web page, nor an FCC release, state that the five member Commission voted to adopt this Broadband Action Agenda.

This announcement pertains to implementation of the recommendations contained in the FCC's staff report [376 pages in PDF] released on March 15, 2010, titled "A National Broadband Plan for Our Future". The five member Commission did not vote on that report either.

This Broadband Action Agenda enumerates 64 different rulemakings and other proceedings to be conducted by the FCC. Many of these proceeding are already under way. Some of these items are on the agenda [PDF] for the FCC's meeting scheduled for April 21, 2010. See, story titled "FCC Releases Tentative Agenda for April 21 Meeting" in TLJ Daily E-Mail Alert No. 2,069, April 1, 2010.

What is notable, and transparent, about this item is that it puts the public on notice of a large number of proceedings and other actions that the Chairman intends to initiate, and pending proceedings that he intends to advance.

This just announced Broadband Action Agenda does not enumerate any proceeding to reclassify any type of broadband internet access service as a Title II service.

Julius GenachowskiFCC Chairman Julius Genachowski (at left) stated in this release that "The court decision earlier this week does not change our broadband policy goals, or the ultimate authority of the FCC to act to achieve those goals. The court did not question the FCC's goals; it merely invalidated one technical, legal mechanism for broadband policy chosen by prior Commissions."

The FCC's October 22, 2009 Notice of Proposed Rulemaking (NPRM) [107 pages in PDF] that proposes to regulate the network management practices of broadband internet access service providers is not one of the 64 items on this Broadband Action Agenda.

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, stories titled "FCC Adopts Internet Regulation NPRM" and "Text of Proposed Internet Regulation Rules", and related stories in TLJ Daily E-Mail Alert No. 2,008, October 23, 2009, and story titled "FCC Extends Deadline to Submit Comments on Internet Regulation NPRM" in TLJ Daily E-Mail Alert No. 2,073, April 8, 2010.

The U.S. Court of Appeals' (DCCir) April 6, 2010, opinion [36 pages in PDF] in Comcast v. FCC, vacated the August 2008 order of the Federal Communications Commission (FCC) that asserted authority to regulate the network management practices of broadband internet access providers. The Court held that the FCC lacks statutory authority to do this. This holding also suggests that the Court of Appeals would likewise vacate the proposed rules, if adopted.

Genachowski also stated that "Our implementation plan lays out a roadmap for reforming universal service to connect all Americans to broadband, including in rural areas; unleashing spectrum, promoting competition and supporting small businesses; protecting and empowering consumers; safeguarding on-line privacy; increasing adoption in all communities and ensuring fair access for people with disabilities; protecting broadband networks against cyber attack and other disasters; and ensuring that all users can reach 911 in an emergency."

He added that "It is essential that the Commission act on this roadmap to protect America’s global competitiveness and help deliver the extraordinary benefits of broadband to all Americans."

The FCC also published a color coded agenda.

This Broadband Action Agenda does not list proceedings that lie within the jurisdiction of other agencies.

OUSTR Releases Section 1377 Report

4/5. The Office of the U.S. Trade Representative (OUSTR) released a report [20 pages in PDF] that announces the results of its 2010 annual review of the operation and effectiveness of telecommunications trade agreements.

Ron KirkRon Kirk (at right), the USTR, stated in a release that "U.S. service and equipment suppliers excel in the sector, and they need global access in order to ensure their competitiveness, both domestically and abroad. We are vigilant in identifying barriers, market by market, and focused on working with our trading partners to remove them."

Lack of Transparency in the PRC. The report states that "Lack of transparency is a serious concern in China's telecommunications regulatory regime, affecting U.S. suppliers of both services and equipment. This lack of transparency feeds a widespread perception amongst foreign industry and governments that MITT -- China's telecommunications regulator which also has significant policy functions -- may not be impartial with respect to all market participants."

It continues that "Chinese authorities have often introduced new regulations or requirements with little or no notice, and without providing interested parties an opportunity to comment on the proposals."

It gives the example of the PRC's 2009 "measure ... requiring manufacturers to install an unproven Internet filtering program on all computers sold in or exported to China with less than two months notice".

See, story titled "OUSTR and Department of Commerce Write PRC Regarding Green Dam Mandate" in TLJ Daily E-Mail Alert No. 1,962, June 29, 2009, and "PRC Delays Green Dam Mandate" in TLJ Daily E-Mail Alert No. 1,964, July 1, 2009.

It gives as another example, the PRC's program titled "indigenous innovation products". See, story titled "IT Groups Complain to PRC About Procurement Protectionism and IPR" in TLJ Daily E-Mail Alert No. 2,023, December 10, 2009.

The report also mentions the PRC's "MIIT's practice of advising mobile handset manufacturers that they should not apply for type approval of mobile handsets with wireless Local Area Network (WLAN) functionality based on Wi-Fi technology unless the handsets also include the indigenous technology WAPI."

The report states that the U.S. government "will continue to seek improvements in the transparency of China's regulatory decisions in the telecommunications sector, including implementation of transparency rules in the WTO, including provisions in the WTO Agreement on Technical Barriers to Trade. Similar requirements in the U.S. bilateral agreement with China done in the context of the Strategic Economic Dialogue, i.e., that each country will adopt measures only after providing for public notice and an opportunity to comment, also affirms this important principle."

Termination Rates. The report states that "certain countries have taken actions that have led to increases in the rates foreign operators charge U.S. carriers to terminate calls on their networks, such as mandating rate increases through regulation; imposing per-minute taxes on incoming international calls; and assessing per-minute fees that must be contributed to domestic universal service funds".

The report addresses El Salvador, Jamaica, Japan, Peru, and Tonga. With respect to Japan, the report states that "Japan's regulator is continuing its policy review on whether and how to directly regulate mobile termination rates in Japan. New entrants in both the wireline and wireless markets have long been concerned about the high level of these rates, particularly given the regulator’s historically passive role in this area. Although this review is not yet complete, it nonetheless appears to have encouraged Japan's mobile major supplier, NTT DoComo, to implement a substantial reduction in its mobile termination rates over the past two years."

It adds that "This year's reduction will bring Japan's mobile termination market more in line with the more competitive mobile termination markets in other OECD countries. USTR considers this to be a positive development."

Problems with Incumbent Companies. The report states that "U.S. companies can encounter significant challenges when seeking to utilize the networks of foreign incumbent operators to provide their services. They also face separate challenges when forced to provide their own services through an intermediary company that has been granted exclusive rights to provide a service."

This section of the report addresses Australia, China, Germany, India, Mexico, and Singapore. With respect to Australia, it states that "Commenters continue to report persistent difficulties obtaining reasonable and timely access to certain wholesale services and related facilities from Australia’s major supplier Telstra, particularly in the broadband sector. They note that these difficulties are particularly acute because, in addition to controlling the country’s copper network and regional backhaul system, Telstra also owns much of the country’s cable television infrastructure and therefore does not face the broad-based competition from independent cable providers that is seen in many other countries."

Issues Affecting Telecommunications Equipment Trade. The report states that "Equipment standards and conformity assessment requirements (including testing requirements) that help ensure safety and interoperability and avoid interference are integral to the telecommunications industry." (Parentheses in original.)

"Unfortunately", the report states, "governments can also use these measures as a barrier to entry for foreign suppliers." The report focuses on such barriers in Brazil, China, European Union, India, Indonesia, Korea, Malaysia, Mexico, and Thailand.

This annual review is required by Section 1377 of the Omnibus Trade and Competitiveness Act of 1988, which is codified at 19 U.S.C. § 3106. The OUSTR first requests and reviews written comments from U.S. companies.

As with all Section 1377 reviews, this review identifies barriers to U.S. entities imposed by foreign governments, but not barriers to foreign entities imposed by the U.S. government.

For TLJ coverage of the OUSTR's 2008 report [15 pages in PDF] and 2009 report [20 pages in PDF], see stories titled "OUSTR Releases Section 1377 Review of Telecom Trade Agreements" in TLJ Daily E-Mail Alert No. 1,744, April 9, 2008, and "OUSTR Releases Annual § 1377 Telecom Report" in TLJ Daily E-Mail Alert No. 1,925, April 13, 2009.

In This Issue
This issue contains the following items:
 • House to Pass Four Tech Related Bills
 • Genachowski Releases Broadband Action Agenda
 • OUSTR Releases Section 1377 Report
Washington Tech Calendar
New items are highlighted in red.
Friday, April 9

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 - 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". At 1:45 - 3:15 PM, there will be a 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). At 1:45 - 3:15 PM, there will be a 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). 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".

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 House will not meet.

The Senate will return from its spring recess. It will meet at 2:00 PM. It will resume consideration of HR 4851 [LOC | WW], the "Continuing Extension Act of 2010", a bill to provide numerous short extensions to expiring statutes.

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. It will meet at 2:00 PM for legislative business. It will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for the week of April 12.

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

The House will meet at 10:00 AM for legislative business. The schedule for the week includes consideration of HR 4954 [LOC | WW], an untitled bill regarding false patent markings, HR 3506 [LOC | WW], the "Eliminate Privacy Notice Confusion Act", HR 1258 [LOC | WW], the "Truth in Caller ID Act of 2009", and HR 3125 [LOC | WW], the "Radio Spectrum Inventory Act". See, Rep. Hoyer's schedule for the week of April 12.

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

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of April 12.

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.

Friday, April 16

The House may meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of April 12.

RESCHEDULED FROM MARCH 24. 10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Goodwin Liu to be a Judge of the U.S. Court of Appeals (9thCir) and Kimberly Mueller to be Judge of the U.S. District Court (EDCal). Sen. Dianne Feinstein (D-CA) will preside. See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 AM - 1:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Policy Committee's Strategic Plan 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 - 2:15 PM. The Free State Foundation (FSF) will host an event titled "Future of Media Inquiry: What Is The FCC Is Doing -- And Why?". The speakers will include Steve Waldman (FCC), Deborah Tate, Donna Gregg, and James Taranto (Wall Street Journal). Lunch will be served. This event is free and open to the public. Register with Susan Reichbart at sreichbart at freestatefoundation dot org. Location: National Press Club, 13th Floor, 529 14th St. NW.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will host an event titled "Public Safety Provisions in the National Broadband Plan". Jamie Barnett, Chief of the FCC's Public Safety and Homeland Security Bureau, will preside. Other FCC officials will also be present. The FCBA asserts that this is an FCBA event. Location: Holland & Knight, 2099 Pennsylvania Ave., NW.

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