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November 16, 2010, Alert No. 2,157.
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House Passes Copyright Act Amendments Bill

11/15. The House amended and passed S 3689 [LOC | WW], the "Copyright Cleanup, Clarification, and Corrections Act of 2010", by a vote of 385-0. See, Roll Call No. 566. The Senate passed its version of this bill in August.

Sen. Patrick Leahy (D-VT) and Sen. Jeff Sessions (R-AL), the Chairman and ranking Republican on the Senate Judiciary Committee (SJC), introduced this bill on August 2, 2010. The SJC held no hearing, or markup. The Senate passed it, without debate, amendment, or a roll call vote, on August 2, 2010.

The House Judiciary Committee (HJC) held not hearing or markup. The full House passed an amended version of this bill, on a roll call vote of 385-0. One member, Rep. John Hall (D-NY), voted present.

The bill makes numerous changes to the Copyright Act. However, none are controversial.

Rep. John Conyers (D-MI), the Chairman of the House Judiciary Committee (HJC), stated in the House that this is "a commonsense, proactive response to unintended errors and confusion in copyright law. This bill updates and improves the way the Copyright Office conducts its business by making some changes, mainly streamlining the copyright registry process by authorizing the Copyright Office to accept electronic signatures when users file documents. It also eliminates the requirement that the Copyright Office keep a hard copy of a directory they already make available to the public online. This hard copy has taken over several shelves in their office but is seldom consulted by the public."

He added that it also "clarifies some ambiguities in the copyright code. For example, in 1997, Congress amended the copyright code to clarify that copyright owners do not forfeit their rights in a work if they distributed it prior to 1978 without a copyright notice. However, while Congress made this fix for musical works distributed by phonograph, it neglected to specifically identify dramatic and literary works that were also distributed by phonograph. We make that correction in this bill before us. Finally, it corrects in this measure a number of technical errors, just dotting the I's and crossing the T's. I support the legislation. I commend the committee that worked on it."

For a detailed summary of the bill as passed by the Senate, see story titled "Senate Passes Copyright Bill" in TLJ Daily E-Mail Alert No. 2,117, August 3, 2010.

Rep. Ted Poe (R-TX), another member of the HJC, explained how the House version differs from the Senate version of the bill.

First, he said that the House version deletes the "language contained in section 4(a) that would amend the Copyright Act to permit the owner of an exclusive right to sublicense that right or further transfer it if the original copyright owner had not expressly prohibited these actions in a prior written agreement." (This is a reference to Section 4(a) of the Senate version of the bill, not Section 4 of the House version.)

The Senate bill's Section 4 amends 17 U.S.C. § 201 regarding "Ownership of copyright". It would amend Subsection 201(d) to read as follows: "Any of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specified by section 106, may be transferred as provided by clause (1) and owned separately. The owner of any particular exclusive right is entitled, to the extent of that right, to all of the protection and remedies accorded to the copyright owner by this title, including the right to transfer or license the exclusive right to another person in the absence of a written agreement to the contrary." (The words in bold and red are added by the Senate version.)

Rep. Ted PoeRep. Poe (at right) explained that "This provision raised a number of concerns among copyright owners who feared that those who had relied on a prior judicial decision in the case of Gardner v. Nike might be disadvantaged by such a change. In recognition of these serious concerns, both the chairman and ranking member agreed this issue ought not be addressed in this measure."

See, January 31, 2002, opinion in Michael Gardner v. Nike, U.S. Court of Appeals for the 9th Circuit Circuit, App. Ct. No. 00-56404, also reported at 279 F.3d 774.

Rep. Poe continued that "Another substantive improvement that is worth noting is contained in section 5(b) of the bill, as amended. That provision makes clear that regulations issued by the copyright royalty judges are to be approved by the Librarian of Congress and subject to review of Federal courts. This bill also contains one amendment to trademark as opposed to copyright law. That amendment, which is contained in section 6(h), amends a study requirement that was included in Public Law 111-146, the Trademark Technical Amendments Act, earlier this year."

More Capitol Hill News

11/15. The House did not take up HR 5264 [LOC | WW], the "Department of Justice Appropriations Authorization Act, Fiscal Year 2011". It had been on the suspension calendar for Monday, November 15, 2010.

11/15. The House passed by voice vote a HR 5566 [LOC | WW], the "Prevention of Interstate Commerce in Animal Crush Videos Act of 2010". Rep. John Conyers (D-MI) stated in the House that "we are adopting nearly all of the Senate's amendments to our House-passed bill". The Supreme Court held unconstitutional a previous crush videos act. Rep. Conyers added that "the reason this resolution doesn't adopt the Senate-passed bill in its entirety is due to concerns that criminalizing attempts and conspiracies in this area creates a serious constitutional concern about prior restraint of speech." See, Congressional Record, November 15, 2010, at Page H7403. This bill would prohibit creation, for distribution in interstate commerce, of "any photograph, motion-picture film, video or digital recording, or electronic image that ... depicts actual conduct in which 1 or more living non-human mammals, birds, reptiles, or amphibians is intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury".

NTIA Announces Plan to Reallocate 115 MHz of Spectrum

11/15. The National Telecommunications and Information Administration (NTIA) released a report [262 pages in PDF] that announces plans to reallocate 115 MHz of spectrum currently used by federal agencies for wireless broadband "in the next five years".

Both President Obama and the Federal Communications Commission (FCC) have called for reallocating 500 MHz of spectrum.

Lawrence StricklingLawrence Strickling (at right), head of the Department of Commerce's (DOC) NTIA, stated in a release that this report "sets forth a bold vision for spurring innovation and preserving America's technology leadership by expanding the amount of spectrum available for wireless broadband. Today's announcement is a significant down payment towards realizing that goal. NTIA will continue to work with the FCC and other U.S. agencies to make the full 500 megahertz of spectrum available while protecting vital government uses".

This report is titled "An Assessment of the Near-Term Viability of Accommodating Wireless Broadband Systems in the 1675-1710 MHz, 1755-1780 MHz, 3500-3650 MHz, and 4200-4220 MHz, 4380-4400 MHz Bands".

It states that the "four candidate bands considered by NTIA in the Fast Track Evaluation are: (1) 1675-1710 MHz, (2) 3500-3650 MHz, (3) 4200-4220 MHz and 4380-4400 MHz, and (4) 1755-1780 MHz."

This report recommends that "various portions of the candidate bands totaling 115 megahertz be made available for geographic sharing with fixed and/or mobile wireless broadband use within five years. Specifically, NTIA recommends that 15 megahertz of the 1675-1710 MHz (specifically 1695-1710 MHz) spectrum could be made available for wireless broadband use within five years, contingent upon timely allocation of funds to redesign the Geostationary Operational Environmental Satellite-R satellite and other costs the National Oceanic and Atmospheric Administration (NOAA) and other Federal agencies will incur in connection with sharing this spectrum." (Parentheses in original.)

The report also "recommends reallocating 100 megahertz of the 3500-3650 MHz band (3550-3650 MHz) for wireless broadband use within five years, also contingent upon timely allocation of funds to support agency costs incurred in connection with sharing of this spectrum."

It adds that "there will be geographic limitations on the availability of these bands in order to make them available within the five years and to ensure that there is no loss of critical existing and planned Federal government capabilities."

The report also "recommends that the 4200-4220 MHz and 4380-4400 MHz bands be the subject of further review to confirm whether radio altimeters operate in these portions of the 4200-4400 MHz bands, and if so, are they impacted and to what extent."

The report also states that the NTIA "is currently unable to make a recommendation concerning the 1755-1780 MHz band because there was not sufficient time to complete the analysis of the band".

Reaction. Federal Communications Commission (FCC) Chairman Julius Genachowski stated in a release that "The future of our mobile economy depends on spectrum, America's invisible infrastructure. If we don't act to update our spectrum policies for the 21st century, we're going to face a spectrum crunch that will stifle American innovation, economic growth, and job creation. The NTIA's report outlines important short- and long-term approaches for meeting the President's vital goal of 500 MHz of spectrum for broadband by 2020. We will continue to partner with NTIA and other federal agencies to make the best use of our nation's precious spectrum resource."

Gary Shapiro, head of the Consumer Electronics Association (CEA), stated in a release that "Wireless broadband will speed growth in our economy; the NTIA report shows that President Obama's Administration realizes the urgent need for spectrum for broadband. It is our hope that this spectrum can be reallocated quickly, and that Congress heeds the call to pass legislation allowing the FCC to obtain necessary spectrum by all means possible".

Ed Black, head of the Computer and Communications Industry Association (CCIA), stated in a release that "This additional spectrum is another key step toward allowing more people to access the data they want from wherever they want. This is welcome news for consumers and for those that are developing the next killer app that will drive further demand for wireless broadband access."

He added that "We look forward to hearing about further plans to meet the administration's goal to offer an additional 500 megahertz of spectrum over the next decade. Incentive auctions of broadcast spectrum will be an important part of the plan to put this valuable national resource to use to benefit the most people."

Gigi Sohn, head of the Public Knowledge (PK), stated in a release that "This report is an excellent first step toward the directing of more spectrum to provide much-needed broadband service." She added that "While some spectrum should be put up for auction", the NTIA and FCC "should act now to make certain spectrum can be made available quickly through sharing, reuse and other techniques".

Business News

11/16. AT&T Mobility, T-Mobile USA and Verizon announced a joint venture to create ISIS. T-Mobile stated in a release that this will be a "mobile payment network that utilizes mobile phones to make point-of-sale purchases". T-Mobile added that ISIS "will enable contactless mobile payment and commerce services using near-field communication technology. NFC uses short-range, high frequency wireless technology to enable the encrypted exchange of information between devices at a short distance. The new system is being designed and built to include strong security and privacy safeguards." Isis is also the name of name of the ancient Egyptian goddess of motherhood, magic and fertility.

11/15. Facebook, a social networking company, launched a messaging service that includes e-mail, instant messaging, and text messaging.

11/15. Comcast launched a service that will allow its customers to watch programming on Apple iPads. Comcast stated in a release that its "Xfinity TV app is a TV guide and a mobile video player". It will be available through the Apple iTunes Store "this week", and will be free to Comcast's digital customers.

People and Appointments

11/17. Ronald Sugar, a former Ch/CEO of Northrop Grumman, was appointed to Apple's Board of Directors, and Chair of the Audit and Finance Committee. See, Apple release.

11/17. Tony Clark (North Dakota Public Service Commission) was elected President of the National Association of Regulatory Utility Commissioner (NARUC). He replaces David Coen (Vermont Public Service Board). David Wright (South Carolina Public Service Commission) was elected First Vice President. Philip Jones (Washington Utilities and Transportation Commission) was elected Second Vice President.

11/16. President Obama nominated David Carden (Jones Day) to be the US Representative to the Association of Southeast Asian Nations (ASEAN). See, White House news office release.

11/17. Brian Busey (Morrison & Foerster) was elected President of the ITC Trial Lawyers Association, which focuses on Section 337 intellectual property rights proceedings before the U.S. International Trade Commission (USITC).

11/9. President Obama designated Irving Williamson, a Democratic member of the U.S. International Trade Commission (USITC), to be the Vice Chairman of the USITC for a term expiring on June 16, 2012. See, USITC release. His term as Commissioner expires on June 16, 2014.

More News

11/17. The U.S.-China Economic and Security Review Commission (USCC) released its 2010 annual report [324 pages in PDF] to the Congress. It details, among other things, the global cyber security threats posed by the People's Republic of China's (PRC), and it domestic limitations upon online freedom of speech and the free flow of information.

11/17. The Office of the U.S. Trade Representative (OUSTR) announced the release of the final text [24 pages in PDF] of the Anti-Counterfeiting Trade Agreement (ACTA). Although, it remains "Subject to Legal Review". See, OUSTR release. See also, stories titled "ACTA Draft Released", "Summary of ACTA", and "Reaction to ACTA" in TLJ Daily E-Mail Alert No. 2,140, October 11, 2010.

11/17. The Government Accountability Office (GAO) released a report [43 pages in PDF] titled "Health Information Technology: DOD Needs to Provide More Information on Risks to Improve Its Program Management".

11/16. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register regarding the availability of the seventh edition of the Trademark Manual of Examining Procedure (TMEP). See, Federal Register, November 16, 2010, Vol. 75, No. 220, at Pages 69921-69922.

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In This Issue
This issue contains the following items:
 • House Passes Copyright Act Amendments Bill
 • More Capitol Hill News
 • NTIA Announces Plan to Reallocate 115 MHz of Spectrum
 • Business News
 • People and Appointments
 • More News
Washington Tech Calendar
New items are highlighted in red.
Wednesday, November 17

The House will meet at 10:00 AM for legislative business. The schedule for the week also includes consideration a motion to concur in the Senate Amendment to HR 1722 [LOC | WW], the "Telework Enhancement Act of 2010", a bill pertaining to teleworking at federal agencies only. See, Republican Cloakroom and Rep. Hoyer's schedule for the week of November 15.

The Senate will meet at 9:30 AM. It will resume consideration of the motion to proceed on S 3815 [LOC | WW], the "Promoting Natural Gas and Electric Vehicles Act of 1020".

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Processing Equipment Technical Advisory Committee (MPETAC) will hold a partially closed meeting. See, notice in the Federal Register, October 28, 2010, Vol. 75, No. 208, at Pages 66356-66357. Location: DOC, Room 6087B, 14th Street between Pennsylvania and Constitution Avenues, NW.

10:00 AM. The Senate Commerce Committee (SCC) will hold an oversight hearing on the Transportation Security Administration (TSA). The witness will be John Pistole (TSA Administrator). See, notice. Location: Room 253, Russell Building.

10:00 - 11:00 AM. The Consumer Electronics Association (CEA) and Kaufman Foundation (KF) will host a panel discussion titled "The Entrepreneur’s Guide to Congress: Policy Challenges and Opportunities in 2011". The speakers will be Gary Shapiro (CEA), Robert Litan (KF), John Backus (New Atlantic Venture Partners), Michael Beirne (Voice of Entrepreneurs), and Jake Sigal (Livio Radio). See, notice. Location: Room 402, Cannon Building, Capitol Hill.

10:30 AM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing titled "Securing Critical Infrastructure in the Age of Suxtnet". Stuxnet is a complex worm, discovered by cyber security workers in July of 2010, that targets industrial control systems in order to take control of industrial facilities, such as power plants. It primarily attacked computers located in Iran and a few other countries. It may have been part of an operation of state sponsored cyber warfare. See, Symantec's web page titled "W32.Stuxnet". The witnesses will be Sean McGurk (acting Director of the Department of Homeland Security's National Cybersecurity and Communications Integration Center), Michael Assante (National Board of Information Security Examiners), Dean Turner (Symantec), and Mark Gandy (Dow Corning). See, notice. Location: Room 342, Dirksen Building.

12:00 NOON - 1:30 PM. The Heritage Foundation (HF) will host a panel discussion titled "WikiLeaks: A Danger to U.S. National Security". See, notice. The HF will webcast this event. Location: HF, 214 Massachusetts Ave., NE.

2:00 PM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing on the nomination of Eugene Dodaro to be the Comptroller General of the Government Accountability Office (GAO). See, notice. Location: Room 342, Dirksen Building.

TIME CHANGE. 2:30 PM. 3:00 PM. The Senate Commerce Committee's (SCC) Subcommittee on Communications, Technology, and the Internet will hold a hearing titled "Television Viewers, Retransmission Consent, and the Public Interest". The witnesses will be Glenn Britt (P/CEO of Time Warner Cable), Chase Carey (P/COO of News Corporation), Tom Rutledge (COO of Cablevision), Joe Uva (P/CEO of Univision), and Charles Segars (CEO of Ovation). See, notice. Location: Room 253, Russell Building.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on four pending judicial nominees: Max Cogburn (USDC/WDNC), Marco Hernandez (USDC/DOre), Michael Simon (USDC/DOre), and Steve Jones (USDC/NDGa). See, notice. The SJC will webcast this event. Sen. Sheldon Whitehouse (D-RI) will preside. Location: Room 226, Dirksen Building.

4:00 - 5:30 PM. The House Intelligence Committee (HIC) will hold a closed meeting. James Clapper, Director of National Intelligence (DNI) will give a briefing. See, notice. Location: Room HVC 304, Capitol Building.

5:30 PM. President Obama will host a ceremony to give National Medals of Science and the National Medals of Technology and Innovation to the 2009 recipients. Location: East Room, White House.

Thursday, November 18

The House will meet at 10:00 AM for legislative business. See, Republican Cloakroom and Rep. Hoyer's schedule for the week of November 15.

9:00 - 10:30 AM. The US Telecom will host a panel discussion titled "Rules of the Road for Behavioral Advertising: Balancing Consumer Privacy and Internet Innovation". The speakers will be Genie Barton (US Telecom), Christopher Olson (FTC), Stuart Ingis (Venable, counsel to Digital Advertising Alliance), and Kathleen Zanowik (Verizon). Breakfast will be served. See, notice. Location: US Telecom, Suite 400, 607 14th St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of S 3804 [LOC | WW], the "Combating Online Infringement and Counterfeits Act", and S 3728 [LOC | WW], the "Innovative Design Protection and Piracy Protection Act". The agenda also includes consideration of numerous judicial nominees: Robert Chatigny (USCA/2ndCir), Susan Carney (USCA/2ndCir), James Graves (USCA/5thCir), James Boasberg (USDC/DC), Amy Jackson (USDC/DC), Edward Davila (USDC/NDCal), Amy Totenberg (USDC/NDGa), James Shadid (USDC/CDIll), Sue Myerscough (USDC/CDIll), Paul Holmes (USDC/WDArk), Anthony Battaglia (USDC/SDCal), Diana Saldana (USDC/SDTex). The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

RESCHEDULED FOR NOVEMBER 22. 11:00 AM. The Free Press (FP) will host a news conference by teleconference to release and discuss a report titled "Restoring FCC Authority to Make Broadband Policy: A Way Forward After Comcast v. FCC". The speakers will be Tim Wu (Columbia University law school), Susan Crawford (Yeshiva University law school), Aparna Sridhar (FP), and Josh Silver (FP). The call in number is 888-792-8352; the conference ID is 24410747.

1:00 PM. The Senate Finance Committee's (SFC) Subcommittee on International Trade, Customs and Global Competitiveness will hold a hearing titled "International Trade in the Digital Economy". The witnesses will be Ed Black (Computer and Communications Industry Association), Daniel Burton (Salesforce.com), Catherine Mann (Brandeis University), Mike Sax (Association for Competitive Technology), and Greg Slater (Intel). See, notice. Location: Room 215, Dirksen Building.

1:00 - 2:00 PM. The Information Technology and Innovation Foundation (ITIF) and will host an event to release a report titled "The 2010 State New Economy Index". The speakers will be Robert Atkinson (ITIF) and Robert Litan (Kaufman Foundation). See, notice. This event is free and open to the public. Location: ITIF/ITIC, 6th floor, 1101 K St., NW.

2:00 PM. The Information Technology and Innovation Foundation (ITIF) and will host news teleconference to discuss "The 2010 State New Economy Index". The call in number is 1-218-339-2626; the access code is 311-3005.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "The 21st Century Communications and Video Programming Accessibility Act". See, notice. CLE credits. Prices vary. Location: Arnold & Porter, 555 12th St., NW.

Day one of a three day event hosted by the Federalist Society titled "2010 National Lawyers Convention". At 2:00 - 3:30 PM there will be a panel titled "Intellectual Property: Minimizing Risk and Maximizing Reward: IP as Regulatory Policy or Property Right?". The speakers will be Richard Epstein (New York University School of Law), Brett Frischmamn (Yeshiva University's Cardozo School of Law), Mark Schultz (Southern Illinois University School of Law), Gigi Sohn (Public Knowledge), and Paul Michel (former Judge of the U.S. Court of Appeals (FedCir)). See, notice and agenda. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

Friday, November 19

The House may meet at 9:00 AM for legislative business. See, Republican Cloakroom and Rep. Hoyer's schedule for the week of November 15.

10:00 AM. The Office of the U.S. Trade Representative (OUSTR) will hold a public hearing regarding Malaysia's participation in ongoing negotiation of a Trans-Pacific Partnership (TPP) trade agreement. The OUSTR seeks comments on, among other things, "electronic commerce issues" and "trade-related intellectual property rights issues that should be addressed in the negotiations". See, notice in the Federal Register, October 20, 2010, Vol. 75, No. 202, at Pages 64778-64779. See also, International Intellectual Property Alliance (IIPA) request to testify [PDF]. Location: OUSTR, Conference Rooms 1 and 2, 1724 F St., NW.

9:00 - 11:00 AM. The Canada Institute of the Woodrow Wilson International Center for Scholars will host a panel discussion titled "Privacy and Information Sharing: The Search for an Intelligent Border". The speakers will be Mary Ellen Callahan (Chief Privacy Officer of the Department of Homeland Security) and Wesley Wark (University of Toronto). Jim Harper (Cato Institute) will moderate. Location: Woodrow Wilson Center, Ronald Reagan Building and International Trade Center, 1300 Pennsylvania, NW.

9:30 AM - 12:00 NOON. The Media Access Project (MAP) will host a panel discussion titled "Online Video: Incumbent Providers Meet a Disruptive New Technology". The speakers will be Susan Fox (Disney), David Goodfriend (Weiner Brodsky Sidman & Kider), Kyle McSlarrow (National Cable & Telecommunications Association), and Johanna Shelton (Google). Breakfast will begin at 8:30 AM. This event is free and open to the public. See, notice. Location: Dickstein Shapiro, 1825 I St., NW.

10:30 AM - 1:30 PM. The Public Knowledge will host an event titled "Demonstrations of Cut The Cord Technologies". At 10:30 - 11:00 AM, there will be a "Press Availability". At 11:00 AM - 1:30 PM, there will be exhibits. The participants will include Roku, Revision 3, PlayOn, and Popbox. For more information, contact Art Brodsky 202-861-0020 (office), 301-908-7715 (cell), or abrodsky at publicknowledge dot org. Location: Foyer, Rayburn Building, Capitol Hill.

11:00 AM. The Broadcasting Board of Governors will meet. See, notice in the Federal Register, November 12, 2010, Vol. 75, No. 218, at Pages 69397-69398, and notice in the Federal Register, November 15, 2010, Vol. 75, No. 219, at Page 69620. Location: Cohen Building, Room 3321, 330 Independence Ave., SW.

Day two of a three day event hosted by the Federalist Society titled "2010 National Lawyers Convention". At 3:15 - 4:45 PM, there will be a panel titled "Free Speech: Anonymity and The First Amendment". The speakers will be Lloyd Mayer (University of Notre Dame Law School), Bradley Smith (Capital University Law School), Raymond Randolph (Judge of the U.S. Court of Appeals (DCCir)), Joel Reidenberg (Fordham University School of Law), and Brett Kavanaugh (Judge of the U.S. Court of Appeals (DCCir)). See, notice and agenda. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

Deadline for the U.S. International Trade Commission (USITC) to submit its report to the Senate Finance Committee (SFC) 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.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its request for comments regarding creating a "fast-track ex parte reexamination voucher pilot program to create incentives for technologies and licensing behavior that address humanitarian needs". See, notice in the Federal Register, September 20, 2010, Vol. 75, No. 181, at Pages 57261-57262.

Deadline to submit comments to the Department of Commerce's (DOC) Internet Policy Task Force regarding the relationship between the availability and protection of online copyrighted works and innovation in the internet economy. See, notice in the Federal Register, October 5, 2010, Vol. 75, No. 192, at Pages 61419-61424.

Saturday, November 20

Day three of a three day event hosted by the Federalist Society titled "2010 National Lawyers Convention". At 10:45 AM – 12:15 PM, there will be a panel titled "Administrative Law: Limits to Government and Regulatory Authority: Comcast v. FCC". The speakers will be Marvin Ammori (University of Nebraska College of Law), Ronald Cass, Thomas Hazlett (George Mason University School of Law), Austin Schlick (FCC General Counsel), and Diarmuid O'Scannlain (Judge of the U.S. Court of Appeals (9thCir)). Also at 10:45 AM – 12:15 PM, there will be a panel titled "Telecommunications: Rewriting the Telecomm Act: Has the Time Come?". The speakers will be Robert McDowell (FCC Commissioner), Thomas Tauke (Verizon), Shawn Chang (Majority Counsel, House Commerce Commerce), Parul Desai (Consumers Union), Raymond Gifford (Wilkinson Barker Knauer), Howard Waltzman (Mayer Brown), David Sentelle (Judge of the U.S. Court of Appeals DCCir)).See, notice and agenda. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

Monday, November 22

9:30 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) and will host an event to discuss a report [107 pages in PDF] titled "The Good, The Bad, and The Ugly (and The Self-Destructive) of Innovation Policy", by Steven Ezell (ITIF) and Robert Atkinson (ITIF). The speakers will be Atkinson, Grant Aldonas (Split Rock International), Marcus Noland (Peterson Institute for International Economics), and Bruce Stokes (National Journal). See, notice. This event is free and open to the public. Location: ITIF/ITIC, 6th floor, 1101 K St., NW.

11:00 AM. The Free Press (FP) will host a news conference by teleconference to release and discuss a report titled "Restoring FCC Authority to Make Broadband Policy: A Way Forward After Comcast v. FCC". The speakers will be Tim Wu (Columbia University law school), Susan Crawford (Yeshiva University law school), Aparna Sridhar (FP), and Josh Silver (FP). The call in number is 888-792-8352; the conference ID is 24410747.

12:00 NOON. Deadline to submit written comments to the Office of the U.S. Trade Representative (OUSTR) regarding Malaysia's participation in ongoing negotiation of a Trans-Pacific Partnership (TPP) trade agreement. The OUSTR seeks comments on, among other things, "electronic commerce issues" and "trade-related intellectual property rights issues that should be addressed in the negotiations". See, notice in the Federal Register, October 20, 2010, Vol. 75, No. 202, at Pages 64778-64779.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (NPRM) [79 pages in PDF] regarding expanding the FCC's disability access technology mandates. The FCC adopted and released this item on August 5, 2010. It is FCC 10-145 in WT Docket No. 07-250. See, notice in the Federal Register: September 8, 2010, Vol. 75, No. 173, at Pages 54546-54560. See also, story titled "FCC Adopts Disability Access Policy Statement, Order, and NPRM" in TLJ Daily E-Mail Alert No. 2,120, August 6, 2010.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking and Notice of Inquiry [102 pages in PDF] regarding the use of microwave for wireless backhaul. The FCC adopted and released this item on August 5, 2010. It is FCC 10-146 in WT Docket Nos. 10-153, 09-106, and 07-121. See, story titled "FCC Adopts Wireless Backhaul NPRM and NOI" in TLJ Daily E-Mail Alert No. 2,120, August 6, 2010, and notice in the Federal Register, August 24, 2010, Vol. 75, No. 163, at Pages 52185-52209.

Deadline to submit comments to the Copyright Office (CO) regarding its proposed rules changes affecting deposit account holders. The CO notice states that it proposes to "set the minimum level of activity required to hold a deposit account at 12 transactions per year; require deposit account holders to maintain a minimum balance in that account; mandate the closure of a deposit account the second time it is overdrawn; and offer deposit account holders the option of automatic replenishment of their account via their bank account or credit card." See, notice in the Federal Register, October 8, 2010, Vol. 75, No. 195, at Pages 62345-62348.

Tuesday, November 23

No events listed.

Wednesday, November 24

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its October 25, 2010, Public Notice (PN) regarding its closed captioning rules. This PN is DA 10-2050 in CG Docket 05-231, ET Docket No. 99-254. See, notice in the Federal Register, November 17, 2010, Vol. 75, No. 221, at Pages 70168-70169.