Tech Law Journal Daily E-Mail Alert
June 22, 2010, Alert No. 2,099.
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FCC Discloses Ex Parte Meetings With Stakeholders

6/22. The Federal Communications Commission (FCC) published a statement by Edward Lazarus, FCC Chief of Staff, regarding ex parte communications regarding regulation of broadband internet access service providers.

Lazarus wrote on June 22, in full, that "Since the D.C. Circuit's decision in the Comcast Internet-discrimination case more than two months ago, there has been a vibrant debate among stakeholders from all parts of the broadband community on the best path forward. Some stakeholders have shared their ideas with staff at the Commission, including ideas for legislative options. Senior Commission staff are making themselves available to meet with all interested parties on these issues. To the extent stakeholders discuss proposals with Commission staff regarding other approaches outside of the open proceedings at the Commission, the agency's ex parte disclosure requirements are not applicable. To promote transparency and keep the public informed, we will post notices of these meetings here at blog.broadband.gov. As always, our door is open to all ideas and all stakeholders."

Lazarus did not address ex parte communications with members of Congress and Congressional staff. Those communications are not covered by the FCC's ex parte communications disclosure rules either.

Gigi Sohn
Copyright PK

Gigi Sohn, head of the Public Knowledge (PK), stated in a release that "We are appalled at the idea put forward by the FCC Chief of Staff that there will be no disclosure (ex parte) requirements for meetings the Commission staff will hold on topics directly related to ongoing FCC proceedings." (Parentheses in original.)

"To say, as Mr. Lazarus did, that other approaches outside of the open proceedings would not be subject to disclosure requirements is simply not acceptable in any circumstance, must less in an Administration and an FCC which have promised new levels of transparency", wrote Sohn.

Josh Silver, head of the Free Press, stated in a June 21 release that "It is stunning that the FCC would convene meetings between industry giants to allow them determine how the agency should best protect the public interest. The Obama administration promised a new era of transparency, and to 'take a backseat to no one' on Net Neutrality, but these meetings seem to indicate that this FCC has no problem brokering backroom deals without any public input or scrutiny."

He added that "It is odd that the FCC would even think it is appropriate to be brokering such a deal, given the agency's authority is in jeopardy. Without reasserting its legal authority over broadband, the FCC can't implement whatever unlikely consensus is reached by these industry giants. The FCC must abandon this misguided effort and follow through with its plan to re-establish its legal authority to promote universal access and protect the open Internet."

Silver wrote in a second release, on June 22, that "Lazarus's claim that these meetings were not subject to ex parte rules is a red herring. Either the FCC is hosting these meetings to discuss FCC action on the future of the Internet, in which case they are subject to ex parte rules, or the FCC is secretly conspiring on a legislative strategy with only the largest telecom industry representatives and lobbyists at the table. That's even more outrageous."

"The FCC’s blog post is a fig leaf attempting to cover for what appears to be secret negotiations to sell out the future of the Internet. It's a preposterous assumption that inviting comments from the public carries the same weight as a face-to-face meeting with some of the most powerful industry leadership and lobbyists in Washington", wrote Silver.

IPEC Releases Plan on Intellectual Property Enforcement

6/22. The Executive Office of the President's (EOP) Office of the Intellectual Property Enforcement Coordinator released a document [65 pages in PDF] titled "2010 Joint Strategic Plan on Intellectual Property Enforcement".

Victoria Espinel, the Intellectual Property Enforcement Coordinator (IPEC), released the report at an event at the White House on June 22. She was joined by Vice President Joe Biden, Attorney General Eric Holder, Secretary of Commerce Gary Locke, Secretary of Homeland Security Janet Napolitano, and U.S. Trade Representative Ron Kirk. See, video of White House event.

The IPEC is a new position, created in the 110th Congress by Section 301 of S 3325 [LOC | WW], the "Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act of 2008". See, story titled "Congress Passes IPR Enforcement Bill" in TLJ Daily E-Mail Alert No. 1,836, October 1, 2008, and story titled "Obama Names Intellectual Property Enforcement Coordinator" in TLJ Daily E-Mail Alert No. 1,990, September 27, 2009.

The report reaffirms the commitment of federal government agencies to protecting intellectual property rights (IPR), summarizes the relevant activities of various federal agencies, and addresses coordination among agencies. It is not a vehicle for announcing new policy initiatives.

Summary of IPEC Report. Espinel stated in an introduction to the report that "Intellectual property laws and rights provide certainty and predictability for consumers and producers in the exchange of innovative and creative products, and for investors shifting capital to their development. Where there are insufficient resources, ability, or political will to appropriately enforce these rights, exchanges between investors, producers and consumers may be inefficient, corrupt or even dangerous."

She also stated that the federal government will "support transparency in the development of enforcement policy", "improve coordination", "work with our trading partners", "secure supply chains to stem the flow of infringing products at our borders", and "improve data and information collection".

She concluded that the federal government will "maintain an open, fair and balanced environment for American intellectual property rightholders".

The report states that "The Internet and other technological innovations have revolutionized society and the way we obtain information and purchase products. Lowering barriers to entry and creating global distribution channels, they have opened new markets and opportunities for American exports of information, goods and services, including enabling small and medium sized businesses to reach consumers worldwide. These innovations have also facilitated piracy and counterfeiting on a global scale. Counterfeiters have developed sophisticated distribution networks. Today, the Internet allows for a person who illegally ``camcords´´ a film at a movie theater in Moscow to distribute a bootleg copy across the globe with the push of a button. A company in Delhi producing counterfeit pharmaceuticals can instantly create a global market. Counterfeiters in Shenzhen making routers and switches can infiltrate supply chains in the U.S."

The report continues that "These thieves impose substantial costs. They depress investment in technologies needed to meet global challenges. They put consumers, families and communities at risk. They unfairly devalue America’s contribution, hinder our ability to grow our economy, compromise good, high-wage jobs for Americans and endanger strong and prosperous communities."

The report goes on to state numerous things the federal agencies are already doing, or will be doing.

For example, the report states that federal agencies will combat foreign based and foreign controlled web sites that infringe U.S. IPR. It states that "The use of foreign-based and foreign-controlled websites and web services to infringe American intellectual property rights is a growing problem that undermines our national security, particularly our national economic security. Despite the scope and increasing prevalence of such sites, enforcement is complicated because of the limits of the U.S. Government's jurisdiction and resources in foreign countries. To help better address these enforcement issues, Federal agencies, in coordination with the IPEC, will expeditiously assess current efforts to combat such sites and will develop a coordinated and comprehensive plan to address them that includes: (1) U.S. law enforcement agencies vigorously enforcing intellectual property laws; (2) U.S. diplomatic and economic agencies working with foreign governments and international organizations; and (3) the U.S. Government working with the private sector."

The report also states the federal agencies will work to enhance foreign law enforcement cooperation, to promote enforcement of U.S. IPR through trade policy tools (such as through trade agreements, and the Special 301 process), and strengthen intellectual property enforcement through international organizations, including the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), the World Customs Organization (WCO), the World Health Organization (WHO), the Group of Twenty Finance Ministers and Central Bank Governors (G-20), the International Criminal Police Organization (INTERPOL), the Asia-Pacific Economic Cooperation (APEC) Forum, and the Organization for Economic Co-operation and Development (OECD).

The report states that federal agencies are working to commit "our trading partners to protect American intellectual property through trade agreements such as the Anti-Counterfeiting Trade Agreement (ACTA) and the Trans-Pacific Partnership (TPP), and, when necessary, asserting our rights through the World Trade Organization (WTO) dispute settlement process."

It elaborates that the "USTR, in coordination with the IPEC and relevant Federal agencies, will continue the practice of using these tools to seek robust intellectual property enforcement, including protection of patents, copyrights, trade secrets and trademarks including geographical indications, as well as strong civil, criminal and border measures. Furthermore, USTR will be vigilant in enforcing U.S.trade rights under its trade agreements."

The report adds this qualification. "These efforts will be conducted in a manner consistent with the balance found in U.S. law and the legal traditions of U.S. trading partners."

The OUSTR has been accused by some groups of seeking to negotiate trade agreements that would impose obligations to enact statutes that provide greater IP rights or enforcement than is currently provided by U.S. statute and case law.

Joe Biden. Biden gave a long speech at the White House event in which he stated that "piracy is theft, clean and simple. It's is nothing but theft. It's smash and grab."

He added that "we had to come up with a government wide plan". He then reviewed the activities of various government agencies. He said that with this report "we have a clear game plan" that includes 33 specific items.

"We are going after people. We are going after the web sites", said the VP.

Joe BidenBiden (at left) focused on online activities. "Counterfeit drugs are a scourge, and our consumers aren't safe; they don't know what they are buying online many times. I applaud Google, Yahoo and Bing for the steps that they have taken in recent weeks to stop selling advertising to illegal internet pharmacies. But, but, we need to go further. It's time for others to step up too. It's time to stop supporting ads for drugs sold illegally over the internet, and for a simple reason, for the public health of American, of our population. And so look, the internet delivery companies, and movies, television, recording industries all tell me that we need to have a strong and fair effort in supporting [suppressing?] illegal downloads online. There are discussions going on right now between the content community and internet service providers. Everyone needs to be working together, and pulling their weight to fight the harm that is done to our economy and our people by this intellectual property theft. We hope that we can find an effective and practical way to reduce piracy online. But, it takes cooperation between the content community as well as the internet services providers. Not easy, but absolutely necessary." (TLJ transcribed from the White House news office's video. Biden uttered the word "supporting", but he likely meant to say "suppressing" or "supporting reduction of".)

Federal Officials. AG Holder stated in a release that the Department of Justice (DOJ) "worked closely with Administration officials to develop key aspects of this strategic plan to better protect our nation’s ability to remain at the forefront of technological advancement, business development and job creation ... The Department, along with its federal, state and local partners, is confronting this threat with a strong and coordinated response at home and abroad to ensure American entrepreneurs and businesses continue to develop, innovate and create."

The Federal Bureau of Investigation (FBI) is a component of the DOJ. The DOJ's Criminal Division's Computer Crimes and Intellectual Property Section (CCIPS) prosecutes some criminal violations of intellectual property laws.

Gordon Snow, Assistant Director of the FBI's Cyber Division, stated in the same release that "The integrity of health and safety products and trade secrets must be protected. The FBI is committed to pursuing those groups and individuals who steal, manufacture, distribute or otherwise profit from intellectual property theft".

The DHS's Napolitano stated in a release that "The products of American ingenuity -- from life-saving medicines and vaccines to state of the art technologies -- fuel our nation’s progress and economy ... DHS is committed to disrupting and dismantling the criminal organizations that promote counterfeiting and piracy that threaten the livelihoods of American businesses and workers."

The just released IPEC report states that the Department of Homeland Security (DHS) "aims to ensure the facilitation of legitimate trade, while enforcing U.S. trade and intellectual property rights laws, as well as investigating intellectual property rights violations, specifically trademark, counterfeiting and copyright piracy."

The DHS includes the Customs and Border Protection (CBP). The IPEC report states that "CBP is critical to enforcement of intellectual property rights. CBP acts under its own authorities to seize and forfeit goods that infringe on trademarks, trade names and copyrights; conduct audits; and impose and collect fines and penalties against intellectual property infringement. CBP also enforces exclusion and seizure and forfeiture orders issued by the ITC for imports that are determined to be intellectual property rights infringing."

See also, OUSTR release.

Senate Hearing. On Wednesday, June 23, at 10:00 AM, the Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Office of the Intellectual Property Enforcement Coordinator".

The witnesses will be Espinel, Barry Meyer (Ch/CEO at Warner Bros. Entertainment), Paul Almeida (AFL-CIO), David Hirschmann (U.S. Chamber of Commerce), and Caroline Bienstock (Carlin America).

Sen. Patrick Leahy (D-VT), the applauded the IPEC report. He stated in a release that "The plan highlights the importance of effective and efficient enforcement of American intellectual property rights, which in turn protects American jobs and promotes economic growth. I look forward to discussing the plan with Ms. Espinel at the Judiciary Committee's oversight hearing tomorrow."

Reaction to IPEC Plan

6/22. Numerous groups commented upon the Executive Office of the President's (EOP) Office of the Intellectual Property Enforcement Coordinator's (OIPEC) document [65 pages in PDF] titled "2010 Joint Strategic Plan on Intellectual Property Enforcement", released on June 22, 2010.

The Computer and Communications Industry Association (CCIA) released a statement. It asks, "Does the plan inject the Federal Government into inter-industry negotiations about how to balance the goals of technology innovation against preventing infringing online content online?" The CCIA added that "The Federal Government should not interfere in voluntary negotiations between private sector stakeholders on behalf of one party."

The CCIA also wrote that "Internet retail sales alone reached $178 billion in 2008. If the plan produces policies that upset the careful balance in U.S. IP law, Internet and technology industries will subsidize content industries, imperiling jobs and growth in a crucial sector of the U.S. economy."

The CCIA also argued that "Removing dangerous counterfeits from the stream of commerce should be the government's primary goal. Using federal tax dollars to subsidize the legal campaigns of corporations with a demonstrated capacity to litigate their own interests should not be a top government priority."

Gigi Sohn, head of the Public Knowledge (PK), stated in a release that Espinel "understands the concept of balance in copyright law at a time when others in the Administration do not".

She argued that "private industry should not have the ability to cut off someone's Internet access based only on unproven allegations without any due process".

Sohn also stated that PK agrees with the IPEC report's "emphasis on transparency in the development of IP enforcement policy, whether on domestic IP or in the context of foreign policy. That would be a refreshing change from the development of the Anti-Counterfeiting Trade Agreement (ACTA), which was done behind closed doors. We wish the plan had included in its transparency discussion the Section 301 reports, which put countries on watch lists, for reasons not clearly or publicly explained and which appear dependent on industry statistics."

In addition, numerous groups offered praise for Espinel and the IPEC report.

Patrick Ross, head of the Copyright Alliance, stated in a release that "The stakes are high. Millions of Americans in all 50 states depend on strong copyright laws and enforcement of those laws to keep their jobs viable. As our economy continues to emerge from the crisis of the last 18 months, the creative sector offers good-paying jobs in a broad cross section of fields, both in direct jobs and support jobs. A sustained, effective effort to support intellectual property rights as the valuable commodity they are will not only help maintain existing jobs, it will provide the backbone of future growth and productivity as well."

Thomas Sydnor of the Progress & Freedom Foundation (PFF), stated in a release that the plan "is thorough and comprehensive, reflecting careful thought on allocating finite federal resources on the most pressing challenges -- such as illegal counterfeiting and piracy -- facing Americans whose creativity has made this country the world's leading net exporter of a vast array of expressive works, trusted brands, and productive innovations."

Sydnor also praised the IPEC for "renewing federal efforts to assess the economic costs that counterfeiting imposes on the U.S. economy. I am gratified to see that the IPEC -- as I proposed in my new paper -- does not propose that an assessment of those costs must be offset by "positive economic effects" that counterfeiting, piracy or other forms of criminal racketeering can confer upon criminals and their associates."

See, paper [18 pages in PDF] by Sydnor, released on June 15, titled "Punk'd: GAO Celebrates the ``Positive Economic Effects´´ of Counterfeiting and Other Criminal Racketeering". See also, the Government Accountability Office's (GAO) April 12 report [41 pages in PDF] titled "Observations on Efforts to Quantify the Economic Effects of Counterfeit and Pirated Goods", and story titled "GAO Releases Report on Consequences of Piracy" in TLJ Daily E-Mail Alert No. 2,078, April 15, 2010.

Robert Holleyman, head of the Business Software Alliance (BSA), stated in a release that "Intellectual property theft costs the software industry more than $50 billion a year ... Since 60 cents of every dollar spent on software globally goes to American companies, illegal use of software products impedes US job creation and economic growth. Software is an essential tool of production in every sector. Stealing it gives companies in China and other countries an unfair cost advantage over their American counterparts that pay for software tools as they should."

Michael Gallagher, head of the Entertainment Software Association (ESA), stated in a release that "The theft of video game intellectual property thwarts creativity, kills jobs, and reduces economic activity throughout our country. The video game industry is a source of tremendous innovation, creativity, artistic expression, and economic growth. Consumers win when intellectual property rights are respected and enforced."

Bob Pisano, head of the Motion Picture Association of America (MPAA), stated in a release that "More than 2.4 million people work in the motion picture and television industry alone, in states all across the nation, earning over $41 billion in wages. These are creative, good-paying jobs -- including costume designers, truck drivers, stage crews, actors, architects, directors and accountants, who face a relentless challenge to their livelihoods from intellectual property theft. As the industry moves to provide new and innovative ways to deliver creative content to consumers, particularly over the Internet, it is especially critical that the United States has an effective framework for protecting creative content online and enforcing intellectual property rights in the digital environment."

John Engler, head of the National Association of Manufacturers (NAM), stated in a release that "Manufacturers lose billions of dollars each year due to counterfeiting and IP theft. ... One of our top priorities is to combat the growing threat of product counterfeiting and piracy around the world, especially in China. IP theft overseas continues to harm U.S. exports and negatively impact our ability to create jobs."

In This Issue
This issue contains the following items:
 • FCC Discloses Ex Parte Meetings With Stakeholders
 • IPEC Releases Plan on Intellectual Property Enforcement
 • Reaction to IPEC Plan
Washington Tech Calendar
New items are highlighted in red.
Tuesday, June 22

The House will meet at 12:30 PM for morning hour, and 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 week of June 21.

10:00 AM - 1:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's Privacy & Security Tiger Team will meet by teleconference. See, notice in the Federal Register, June 16, 2010, Vol. 75, No. 115, at Page 34141.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "U.S. Court of International Trade Developments and Practice Tips". The speakers will be Tina Kimble (Clerk of the U.S. Court of International Trade), Geoffrey Goodale (Foley & Lardner), and Brenda Jacobs (Sidley Austin). The price to attend ranges from $10 to $25. Reporters are barred from attending. See, notice. For more information, call 202-626-3463. Location: Sidley Austin, 1501 K St., NW.

2:30 PM. The Senate Commerce Committee's (SCC) Subcommittee on Competitiveness, Innovation and Export Promotion will hold a hearing titled "Innovation in America: Opportunities and Obstacles". The witnesses will be Aneesh Chopra (EOP's Office of Science and Technology Policy), Andrew Weiss (P/CEO of CoAxia), Robert Atkinson (Information Technology and Innovation Foundation), Stephen Ubl (Advanced Medical Technology Association), Rhys Williams (New World Angels). See, notice. Location: Room 253, Russell Building.

Day one of a two day conference titled "Critical Infrastructure Security Summit". At 8:15 AM, Sean McGurk (Program Director of the DHS's National Protection and Programs Directorate's Office of Cybersecurity and Communications Control Systems Security Program will give a keynote speech. At 1:45 PM, Bradford Willke (DHS Cyber Security Advisor) will speak on cyber resiliancy. At 3:45 PM, James Gilsinn (NIST Electronic Engineer) will speak on upgrading legacy control systems. See, conference web site, and June 22 agenda. Location: Hilton Alexandria Old Town, 1767 King Street, Alexandria, VA.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its May 21, 2010, Public Notice (PN) regarding Puerto Rico Telephone Company's (PRTC) petition for reconsideration of the FCC's decision declining to establish a new universal service high cost support mechanism for non-rural insular carriers. See, notice in the Federal Register, May 28, 2010, Vol. 75, No. 103, at Pages 30024-30025.

Deadline to submit post hearing briefs and statements to the U.S. International Trade Commission (USITC) in its proceeding titled "China: Intellectual Property Infringement, Indigenous Innovation Policies, and Frameworks for Measuring the Effects on the U.S. Economy". See, notice in the Federal Register, May 10, 2010, Vol. 75, No. 89, at Pages 25883-25884.

Wednesday, June 23

The House will meet at 10:00 AM for legislative business. The schedule for the week includes consideration of HR 3993 [LOC | WW], the "Calling Card Consumer Protection Act", under suspension of the rules, and HR 5175 [LOC | WW], the "Democracy is Strengthened by Casting Light on Spending in Elections Act" or "DISCLOSE Act", pursuant to a rule. See, Rep. Hoyer's schedule for week of June 21.

The Senate will meet at 9:30 AM. It will resume consideration of  HR 4213 [LOC | WW], the "American Jobs and Closing Tax Loopholes Act of 2010". This huge bill contains a one year extension of the research and development tax credit.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Office of the Intellectual Property Enforcement Coordinator". The witnesses will be Victoria Espinel (Intellectual Property Enforcement Coordinator), Barry Meyer (Ch/CEO at Warner Bros. Entertainment), Paul Almeida (AFL-CIO), David Hirschmann (U.S. Chamber of Commerce), and Caroline Bienstock (Carlin America). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "The U.S. -- China Trade Relationship: Finding a New Path Forward". The witnesses will be Gary Locke (Secretary of Commerce) and Ron Kirk (U.S. Trade Representative). See, notice. Location: Room 215, Dirksen Building.

10:00 AM. The U.S. District Court (DC) will hold a status conference in US v. Microsoft, D.C. No. 98-1232 (CKK), and New York, et al. v. Microsoft, D.C. No. 98-1233 (CKK). Location: Courtroom 28A.

10:15 AM. The House Judiciary Committee (HJC) will meet to mark up several bills, including HR 5503 [LOC | WW], the "Securing Protections for the Injured from Limitations on Liability Act", HR 5281 [LOC | WW], the "Removal Clarification Act of 2010", HR __, the "Prohibiting Interstate Commerce in Crush Videos Act of 2010", and HR 1020 [LOC | WW], the "Arbitration Fairness Act of 2009". See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

10:30 AM - 12:30 PM. The Federal Communications Commission (FCC) will host a public roundtable regarding "pilot programs that would provide support for broadband access to low-income consumers". See, Public Notice. To participate by teleconference, the call in number is 1-866-566-7390, and the participant code is 4732812. Location: FCC, Commission Meeting Room.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and teleconferenced panel discussion titled "Apple, Google and More: Recent Issues in Identifying and Addressing Problems Involving Interlocking Directorates". The speakers will be Yvonne Quinn (Sullivan & Cromwell), Andrew Finch (Paul Weiss), Pat Robinson (Federal Reserve Board), and Darren Tucker (Attorney Advisor to FTC Commissioner Thomas Rosch). See, notice. Location: Wilson Sonsini, 5th floor, 1700 K St., NW.

1:00 - 2:30 PM. The American Bar Association's (ABA) Forum on the Entertainment and Sports Industries will host a seminar titled "Network to Blog -- Old vs. New Media: What You Need to Know in Sports Deals". The speakers will be Douglas Hand (Hand Baldachin & Amburgey) and Maidie Oliveau (Arent Fox). See, notice. Prices vary. This event qualifies for continuing legal education (CLE) credits. The ABA will teleconference and webcast this event.

Day two of a two day conference titled "Critical Infrastructure Security Summit". At 10:15 AM, Annabelle Lee (NIST) will give a speech titled "Cyber Security Strategies For The Smart Grid". At 11:00 AM, James Gilsinn (NIST) and Russell Brown (FBI Cyber Division) will address "Achieving A Strong Security Posture & Maintaining Full-Scale Operability". At 3:00 PM, Donald Codling (FBI Cyber Division) will participate in a panel titled "Adapting Existing Public Key Infrastructure And Enablement Solutions To The Emerging Smart Grid Enterprise". See, conference web site, and June 23 agenda. Location: Hilton Alexandria Old Town, 1767 King Street, Alexandria, VA.

Thursday, June 24

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of June 21.

8:30 AM - 5:00 PM. The American Antitrust Institute (AAI) will host a one day conference titled "Public and Private: Are the Boundaries in Transition?". Christine Varney, Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division will give a speech at 9:00 AM. There will be a panel discussion on telecommunications at 11:00 AM. See, schedule. The price to attend ranges from $120 to $500. Location: National Press Club.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution, Civil Rights, and Civil Liberties will hold a hearing titled "ECPA Reform and the Revolution in Location Based Technologies and Services". See, notice. The HJC will webcast this event. Location: Room 2237, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Universal Service: Transforming the High-Cost Fund for the Broadband Era". See, notice. The SCC will webcast this event. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

11:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing titled "Civil Division of the United States Department of Justice". Tony West (Assistant Attorney General in charge of the Civil Division) will testify. See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and teleconferenced panel discussion titled "Google/AdMob: Lessons from the FTC Investigation". The speakers will be Randall Long (FTC), Logan Breed (Hogan Lovells, counsel for AdMob), Leah Brannon (Cleary Gottlieb, counsel for Google), and Ken Glazer (K&L Gates). See, notice. Location: K&L Gates, 1601 K St., NW.

1:00 - 2:30 PM. The American Bar Association's (ABA) Forum on the Entertainment and Sports Industries will host a seminar titled "The Complex World of Licensing Songs and Composing Scores for the Television, Film and Videogame". The speakers will be Jeff Brabec (Chrysalis Music Group) and Todd Brabec. See, notice. Prices vary. This event qualifies for continuing legal education (CLE) credits. The ABA will teleconference and webcast this event.

2:00 PM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on Information Policy, Census and National Archives will hold a hearing titled "Government 2.0: How Federal Agencies Use Social Media And Other Web 2.0 Technologies". See, notice. Location: Room 2154, Rayburn Building.

2:30 PM. The Senate Homeland Security and Governmental Affairs Committee (SHSGAC) will hold a business meeting. The agenda includes consideration of S 3480 [LOC | WW], the "Protecting Cyberspace as a National Asset Act of 2010", and the nomination of John Pistole to be head of the DHS's Transportation Security Administration (TSA). See, notice [PDF]. Location: Room 342, Dirksen Building.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Ben Arden at barden at williamsmullen dot com or Mark Brennan at mark dot brennan at hoganlovells dot com. Location: Brasserie Beck, 1101 K St., NW.

Friday, June 25

Rep. Hoyer's schedule for week of June 21 states that the House will meet at 9:00 AM.

9:00 - 10:00 AM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's Enrollment Workgroup will meet by teleconference. See, notice in the Federal Register, June 16, 2010, Vol. 75, No. 115, at Page 34141.

RESCHEDULED FOR JULY 30. 12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Bridging the Gap: Broadband 101 -- An Introduction to Broadband Regulation and Policy". The speaker will be Dan Brenner (Hogan Lovells). For more information, contact Micah Caldwell at mcaldwell at fh-law dot com or Mark Brennan at mark dot brennan at hoganlovells dot com.

3:00 PM. The Federal Communications Commission (FCC) will host an event titled "Broadcast Engineering Forum". See, notice. Location: FCC, Commission Meeting Room, 445 12th St., SW.

Deadline to submit comments to the Federal Communications Commission (FCC) and Food and Drug Administration (FDA) in advance of their joint meeting titled "Enabling the Convergence of Communications and Medical Systems: Ways to Update Regulatory and Information Processes", to be held on July 26 and 27, 2010. See, FCC Public Notice (DA 10-1071 in ET Docket No. 10-120).

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [12 pages in PDF] regarding the survivability in broadband communications networks and ways to reduce network vulnerability to failures in network equipment or severe overload conditions, such as would occur in natural disasters and pandemics. The FCC adopted and released this item on April 21, 2010. It is FCC 10-62 in PS Docket No. 10-92. See, notice in the Federal Register, May 11, 2010, Vol. 75, No. 90, at Pages 26180-26183.

Monday, June 28

10:00 AM - 4:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's Enrollment Workgroup will meet  by teleconference. See, notice in the Federal Register, June 16, 2010, Vol. 75, No. 115, at Page 34141.

12:30 PM. The Senate Judiciary Committee (SJC) will begin its hearing on the nomination of Elena Kagan to be a Justice of the Supreme Court. See, notice. Location: Room 216, Hart Building.

CANCELLED. 2:00 - 4:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's Privacy & Security Policy Workgroup will meet. See, notice in the Federal Register, June 16, 2010, Vol. 75, No. 115, at Page 34141.

6:30 - 8:30 PM. The New America Foundation (NAF) will host an event titled "How Copyright Threatens Democracy". The speaker will be Cory Doctorow. See, notice and registration page. Location: NAF, Suite 400, 1899 L St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding amending Part 87 of the FCC's rules to allow use of the frequency 1090 MHz by aeronautical mobility mobile stations for airport surface detection equipment (ASDE-X), also known as vehicle squitters. The FCC adopted this item on March 11, 2010, and released the text [19 pages in PDF] on March 16, 2010. It is FCC 10-37 in WT Docket Nos. 09-42 and 10-61. See, notice in the Federal Register, April 28, 2010, Vol. 75, No. 81, at Pages 22352-22356.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding amending the FCC's amateur radio service rules to facilitate the use of spread spectrum communications technologies. The FCC adopted this item on March 11, 2010, and released the text [16 pages in PDF] on March 16, 2010. It is FCC 10-38 in WT Docket No. 10-62. See, notice in the Federal Register, May 14, 2010, Vol. 75, No. 93, at Pages 27272-27273.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its 4th Further Notice of Proposed Rulemaking (NPRM) [30 pages in PDF] regarding its CableCARD regime. The FCC adopted and released this item on April 21, 2010. It is FCC 10-61 in CS Docket No. 97-80 and PP Docket No. 00-67. See, notice in the Federal Register, May 14, 2010, Vol. 75, No. 93, at Pages 27256-27264.

Deadline to submit comments to the Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) in response to its Public Notice (DA 10-1035 in ET Docket No. 10-123) regarding use of the 1675-1710 MHz band by non-federal entities, and its potential utility for broadband.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-126 Rev. 1 [71 pages in PDF] titled "The Technical Specification for the Security Content Automation Protocol (SCAP): SCAP Version 1.1".

Tuesday, June 29

8:00 AM - 5:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's HIT Policy Committee's Privacy & Security Tiger Team will meet. See, notice in the Federal Register, June 15, 2010, Vol. 75, No. 114, at Page 33811. Location: Grand Hyatt Washington Hotel, 1000 H St., NW.

9:00 - 10:45 AM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "Sending an Online Safety Message to Congress". See, notice. Location: National Press Club, First Amendment Lounge, 529 14th St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its request for comments on competitive bidding procedures for Auction 89, regarding 218-219 MHz and Phase II 220 MHz Services licenses, scheduled to commence on December 7, 2010. See, notice in the Federal Register, June 9, 2010, Vol. 75, No. 110, at Pages 32773-32778.

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