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March 25, 2011, Alert No. 2,209.
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2nd Circuit Reinstates Challenge to FISA Powers

3/21. The U.S. Court of Appeals (2ndCir) issued its opinion [63 pages in PDF] in Amnesty International v. Clapper, holding that the plaintiffs have standing to challenge provisions of the FISA Amendments Act of 2008 that expanded government authority, and loosened standards, for targeting non-U.S. persons believed to be outside of the U.S.

Amnesty International and other groups and individuals filed a complaint in the U.S. District Court (SDNY) against the predecessor of James Clapper, the Director of National Intelligence (DNI), and government officials, alleging that Section 101(a)(2) of the FISA Amendments Act of 2008, or FAA, which is codified at 50 U.S.C. § 1881a, is unconstitutional under the 1st and 4th Amendments.

The District Court dismissed the complaint for lack of standing. It reasoned that since the plaintiffs did not establish that they were the targets of surveillance under the challenged section, they have not suffered the requisite injury in fact to confer standing to sue.

The plaintiffs appealed. The Court of Appeals "reversed" and "vacated and remanded" the judgment of the District Court. The case now goes back to the District Court for resolution on the merits of the claims stated in the complaint.

The Court of Appeals wrote "The plaintiffs' uncontroverted testimony that they fear their sensitive international electronic communications being monitored and that they have taken costly measures to avoid being monitored -- because we deem that fear and those actions to be reasonable in the circumstances of this case -- establishes injuries in fact that we find are causally linked to the allegedly unconstitutional FAA. We therefore find that plaintiffs have standing to challenge the constitutionality of the FAA in federal court."

Background on the Challenged Provisions. The House passed HR 6304 [LOC | WW], the "Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008", on June 20, 2008. The Senate passed it on July 9, 2008. Former President Bush signed it on July 10, 2008. It is Public Law No. 110-261.

See, stories titled "House Approves FISA Reform Bill" and "Attorney General and DNI Praise FISA Reform Bill" in TLJ Daily E-Mail Alert No. 1,783, June 19, 2008, and "House and Senate Leaders Release Draft FISA Reform Bill" in TLJ Daily E-Mail Alert No. 1,782, June 18, 2008.

At issue in this litigation is Section 101(a)(2) of the FAA, which adds a huge new Section 702 to the FISA. It pertains to "the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information". It adds that under this section the government "may not intentionally target a United States person reasonably believed to be located outside the United States".

The Court of Appeals summarized some of the changes instituted by the new Section 702. "The FAA, in contrast to the preexisting FISA scheme, does not require the government to submit an individualized application to the FISC identifying the particular targets or facilities to be monitored." (FISC is Foreign Intelligence Surveillance Court.)

That is, "whereas under the preexisting FISA scheme the government had to submit an individualized application for surveillance identifying the particular target, facility, type of information sought, and procedures to be used, under the FAA, the government need not submit a similarly individualized application -- it need not identify the particular target or facility to be monitored.

Also, "Under the FAA, in contrast to the preexisting FISA scheme, the FISC may not monitor compliance with the targeting and minimization procedures on an ongoing basis. Instead, that duty falls to the AG and DNI". (AG is Attorney General.)

The Court also wrote that "whereas under the preexisting FISA scheme the FISC had to find probable cause to believe both that the surveillance target is a ``foreign power´´ or agent thereof and that the facilities to be monitored were being used or about to be used by a foreign power or its agent, under the FAA the FISC no longer needs to make any probable-cause determination at all. Instead, the FISC simply verifies that the government has made the proper certifications."

"In practice," the Court of Appeals concluded, "these new authorization procedures mean that surveillance orders can
be significantly broader under the FAA than they previously could have been."

Jameel Jaffer, Deputy Legal Director of the ACLU, argued the case before the Court of Appeals. He stated in an ACLU release that "The law we've challenged permits the government to conduct dragnet surveillance of Americans' international communications, and it has none of the safeguards that the Constitution requires."

The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism and Homeland Security will hold a hearing on March 30, 2011, titled "The Permanent Provisions of the PATRIOT Act". The witnesses will be Todd Hinnen, acting Assistant Attorney General (AAG) in charge of the DOJ's National Security Division (NSD), Kenneth Wainstein, an attorney at O'Melveny & Myers and former NSD/AAG, and Mike German of the ACLU. See, notice.

This case is Amnesty International USA, et al. v. James Clapper, et al., U.S. Court of Appeals for the 2nd Circuit, App. Ct. No. 09-4112-cv, Judges Calabresis, Sack and Lynch presiding. The Court of Appeals heard an appeal from the U.S. District Court for the Southern District of New York, Judge John Koeltl presiding.

Congressional Committees Interested in AT&T T-Mobile USA Deal

3/22. Several Representatives and Senators have stated that various committees will hold hearings on AT&T's proposed acquisition of T-Mobile. Although, no committees have yet announced hearings.

Also, some Democrats tend to express more interest in investigating large carriers and broadband internet access service providers, such at AT&T, while some Republican tend to express more interest in investigating large edge companies, such as Google.

Rep. Lamar Smith (R-TX), Chairman of the House Judiciary Committee (HJC), stated in a March 21, 2011, release that "The proposed AT&T and T-Mobile merger raises important questions about competition in the telecom industry and the effect on American consumers. Congress must take a close look at the plan to ensure that the proposed merger promotes a healthy and competitive telecommunications market."

He said that the HJC "will hold a hearing to examine the merger and its likely impact on the American economy and the future of wireless communications."

Rep. Fred Upton (R-MI), Chairman of the House Commerce Committee (HCC), and Rep. Greg Walden (R-OR), Chairman of the HCC's Subcommittee on Communications and Technology, commented on AT&T's proposed acquisition of T-Mobile USA, but focused their comments on the Federal Communications Commission's (FCC) antitrust merger review process.

The two stated in a joint release on March 21 that "We look forward to the ensuing discussion about what this transaction means for consumers, job creation, competition and our evolving communications marketplace."

They added that the HCC "has already expressed interest in examining the Federal Communications Commission’s transaction review process, in light of its dual -- and often times conflicting -- role to provide both transaction approvals and industry regulations. A proposed transaction of this scale also underscores the importance of an objective review process at the FCC."

They also stated that "A key question for this committee is whether the FCC is conducting thorough market analysis and how that influences the agency's decision-making. We believe such analysis is essential to this and other transactions, and we intend to determine how Congress should reform the FCC's process going forward."

Sen. John Rockefeller (D-WV), the Chairman of the Senate Commerce Committee (SCC), stated in a release on March 20 that "As always in a transaction this large, the Commerce Committee will review the details of the acquisition."

Sen. Herb Kohl (D-WI), the Chairman of the Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights, stated in a March 20 release that "Consumers have borne the brunt of the increasingly concentrated market for mobile phone service. The explosion of cell phone usage -- especially smart phones -- makes competition in this market more important than ever as a check on prices, consumer choice, and service."

Sen. Herb KohlSen. Kohl (at right) stated "That's why the Antitrust Subcommittee will take a close look at what this loss of competition will mean for people who increasingly rely on wireless phone service to connect to friends, family and the Internet."

Sen. Mike Lee (R-UT) is the ranking Republican on this Subcommittee. While he has issued no statement calling for a hearing on AT&T, he has recently called for an antitrust hearing on Google. See, related story in this issue titled "Sen. Lee Calls for Antitrust Hearing on Google".

AT&T stated in a release on March 22 that "We are confident that the facts will demonstrate that the deal is in the public interest (FCC focus) and that competition (DOJ focus) will continue to flourish. For example, a large majority of Americans today can choose from at least five wireless providers offering nationwide service. Also, the transaction will allow us to expand the next generation of mobile broadband to 95% of the U.S. population -- up from 80% as previously planned -- covering an additional 46.5 million Americans, a key objective of the Administration." (Parentheses in original. Hyperlinks removed.)

Sen. Lee Calls for Antitrust Hearing on Google

3/10. Sen. Mike Lee (R-UT), the ranking Republican on the Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights, sent a letter to Sen. Herb Kohl (D-WI), the Chairman of the Subcommittee, requesting a hearing on Google's "possible abuse of its predominant position in the general internet search arena and the need for vigorous antitrust oversight and enforcement in this area".

In this letter, Sen. Lee also stated that the Department of Justice's (DOJ) Antitrust Division should investigate whether Google's gatekeeper position reduces its incentive to protect consumer privacy.

Sen. Mike LeeSen. Lee (at right) wrote that "Given its prominent position in the search and search advertising markets, Google in some ways acts as a gatekeeper over a variety of internet businesses. Among other things, commentators have expressed concern that Google may be using its position to harm specialized (or so-called ``vertical´´) search sites. If allowed to compete free of restraints, vertical search sites -- such as travel, mapping, and shopping sites -- could attract users and advertisers from Google’s search platforms. Some vertical search sites have accused Google of using its power to deprive those websites of internet traffic by biasing the display of its search-advertising and search results." (Parentheses in original.)

He also wrote that the should "investigate whether Google's powerful position as an internet gatekeeper reduces the company’s incentive to compete with other search engines by providing enhanced privacy protection for consumers."

He explained that "Google collects an unequaled amount of information about consumers through its search platform, including data about web searches, reactions to online advertising, and precise geographic location for both mobile devices and personal computers. Google also gathers an enormous amount of consumer information through its related products and services, including Gmail, Google Checkout, Google Books, and Google Web History."

"The combination of behavioral and personal information enables Google to generate consumer data that is unprecedented in scale and scope. These activities raise serious privacy concerns and may be indicative of an important market that is largely unconstrained by competition", wrote Lee.

More Criticism of ATT T-Mobile Deal

3/24. Companies and groups expressed opposition to, or concerns about, AT&T's proposed acquisition of T-Mobile USA.

Sprint spokesman John Taylor stated in a release on March 20 that "The combination of AT&T and T-Mobile USA, if approved by the Department of Justice (DOJ) and Federal Communications Commission (FCC), would alter dramatically the structure of the communications industry."

Taylor continued that "AT&T and Verizon are already by far the largest wireless providers. A combined AT&T and T-Mobile would be almost three times the size of Sprint, the third largest wireless competitor. If approved, the merger would result in a wireless industry dominated overwhelmingly by two vertically-integrated companies that control almost 80% of the US wireless post-paid market, as well as the availability and price of key inputs such as backhaul and access needed by other wireless companies to compete."

Sprint's Taylor concluded that "The DOJ and the FCC must decide if this transaction is in the best interest of consumers and the US economy overall, and determine if innovation and robust competition would be impacted adversely and by this dramatic change in the structure of the industry."

The Computer and Communications Industry Association (CCIA) released a statement condemning AT&T's proposed acquisition of T-Mobile USA. The CCIA stated that "Consumers, industry and innovation will all lose if AT&T is allowed to amass even more power and control over our communications and Internet infrastructure."

"The tremendous advances in technology and price constraint over recent decades have come because of competition following the original AT&T breakup." It added that "The proposed merger between AT&T and the 4th largest wireless carrier would leave the wireless market with two big carriers followed by Sprint."

The CCIA elaborated that "Subtracting a maverick, competitive wireless carrier, would leave the average consumer facing very limited choices for wireless service in a particular region. Since there are only two competing technologies that all wireless carriers use, all the small regional carriers have to negotiate roaming deals with either Verizon or AT&T -- if they want to offer full coverage to their customers. The deal would further entrench the playing field with one CDMA giant and one GSM giant and fair negotiations would be even harder."

The CCIA's Ed Black added that "AT&T believes it has enough power and control over the political branches of federal government to ram it through -- in spite of its many anti-competitive aspects".

The Public Knowledge (PK) urged individuals to sign an electronic form letter to President Obama opposing AT&T's proposed acquisition of T-Mobile USA.

The letter urges the President to "publicly stand up for consumer choice in the wireless market by asking the FCC and Department of Justice to OPPOSE the AT&T and T-Mobile merger".

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In This Issue
This issue contains the following items:
 • 2nd Circuit Reinstates Challenge to FISA Powers
 • Congressional Committees Interested in AT&T T-Mobile USA Deal
 • Sen. Lee Calls for Antitrust Hearing on Google
 • More Criticism of ATT T-Mobile Deal
Washington Tech Calendar
New items are highlighted in red.
Friday, March 25

The House will be in recess Monday, March 21 through Friday, March 25. It will next meet on Tuesday, March 29.

The Senate will be in recess Monday, March 21, through Friday, March 25. It will next meet at 2:00 PM on Monday, March 28.

Supreme Court conference day (discussion of argued cases, and decision on cert petitions). Closed.

Saturday, March 26

12:00 NOON - 6:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Wine Tasting Adventure". For more information, contact Justin Faulb at Faulb at Lojlaw dot com or Mark Brennan at Mark dot Brennan at hoganlovells dot com.

Monday, March 28

The House will not meet.

The Senate will return from its March recess. At 2:00 PM it will resume consideration of S 493 [LOC | WW], the "SBIR/STTR Reauthorization Act of 2011".

8:00 AM - 5:30 PM. Day one of a two day meeting of the National Science Foundation's (NSF) National Science Board's (NSB) Task Force on Data Policies. The agenda for this meeting includes discussion of "Data-Intensive Science" and "High Performance Cyberinfrastructure". See, notice in the Federal Register, March 21, 2011, Vol. 76, No. 54, at Pages 15349-15350. Location: NSF, 4201 Wilson Blvd., Room 1235, Arlington, VA.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [31 pages in PDF] regarding how dynamic access radios and techniques can provide more intensive and efficient use of spectrum. The FCC adopted and released this NOI on November 30, 2010. It is FCC 10-198 in ET Docket No. 10-237. See, notice in the Federal Register, December 28, 2010, Vol. 75, No. 248, at Pages 81558-81559. See also, story titled "FCC Adopts NPRM and NOI on Spectrum Innovation" 2,168, December 4, 2010.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding extending to June 30, 2012, the current freeze of jurisdictional separations category relationships and cost allocation factors. This NPRM is FCC 11-34 in CC Docket No. 80-286. The FCC adopted and released it on March 1, 2011. See, Federal Register, March 14, 2011, Vol. 76, No. 49, at Pages 13576-13579.

Tuesday, March 29

The House will return from its March recess.

8:30 AM - 12:30 PM. Day one of a two day meeting of the National Science Foundation's (NSF) National Science Board's (NSB) Task Force on Data Policies. The agenda for this meeting includes discussion of "Data-Intensive Science" and "High Performance Cyberinfrastructure". See, notice in the Federal Register, March 21, 2011, Vol. 76, No. 54, at Pages 15349-15350. Location: NSF, 4201 Wilson Blvd., Room 1235, Arlington, VA.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a presentation titled "Coordinated Effects in the 2010 Horizontal Merger Guidelines". The speaker will be Bob Marshall (Penn State) co-author of a paper [PDF] with the same title. For more information, contact Thomas Jeitschko at 202-532-4826 or atr dot eag at usdoj dot gov. Location: Liberty Square Building, 450 5th St., NW.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Economic Ramifications of Cyber Threats and Vulnerabilities to the Private Sector". The witnesses will be Gordon Snow (Federal Bureau of Investigation Cyber Division), Harriet Pearson (Chief Privacy Officer at IBM), Sara Santarelli
(Chief Network Security Officer at Verizon), and Thomas Kellerman (Core Security Technologies). See, notice. Location: Room 253, Russell Building.

4:00 - 6:30 PM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". Location: Room HVC-304, House Visitor Center.

Deadline to submit comments to the Copyright Office (CO) in response to its Request for Information regarding commercial television broadcast stations that qualify as as specialty stations. See, notice in the Federal Register, January 28, 2011, Vol. 76, No. 19, at Pages 5213-5214.

Wednesday, March 30

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Federal Bureau of Investigation". The witness will be Robert Mueller (FBI Director). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism and Homeland Security will hold a hearing titled "The Permanent Provisions of the PATRIOT Act". The witnesses will be Todd Hinnen (acting Assistant Attorney General in charge of the DOJ's National Security Division), Kenneth Wainstein (O'Melveny & Myers), and Mike German (ACLU). See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Homeland Security Committee (HHSC) will hold a hearing titled "Public Safety Communications: Are the Needs of Our First Responders Being Met?". See, notice. Location: Room 311, Cannon Building.

12:30 - 2:00 PM. The DC Bar Association will host a lunch. The speaker will be Austin Schlick, General Counsel of the Federal Communications Commission (FCC). This event is closed to reporters. See, notice. The price to attend ranges from free to $209. For more information, call 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

1:00 - 4:00 PM. The Federal Communications Commission's (FCC) Technological Advisory Council will meet. See, notice in the Federal Register, March 15, 2011, Vol. 76, No. 50, at Pages 14009-14010. Location: FCC, Commission Meeting Room, 445 12th St.,  SW.

1:30 PM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing on HR __, the "America Invents Act", the yet to be introduced House version of S 23 [LOC | WW], which the Senate passed on March 8, 2011. See, story titled "Senate Passes Patent Bill" in TLJ Daily E-Mail Alert No. 2,202, March 10, 2011. See, notice. Location: Room 2141, Rayburn Building.

2:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Financial Services and General Government will hold a hearing on the Federal Communications Commission (FCC) FY 2012 budget request. The witness will be Julius Genachowski, FCC Chairman. See, HAC schedule for week of March 28. Location: Room 2359, Rayburn Building.

2:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a hearing on the Department of Homeland Security (DHS) science and technology FY 2012 budget request. The witness will be Tara O’Toole, Under Secretary for Science & Technology Science & Technology. See, HAC schedule for week of March 28. Location: Room 2362-A, Rayburn Building.

2:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Oversight and Investigations will hold a hearing titled "Is America’s Foreign Broadcasting Consistent with Our Nation’s Interests and Our Commitment to Freedom?". See, notice. Location: Room 2172, Rayburn Building.

2:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Nominations". The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

2:00 PM. The USTelecom will host a webcast panel discussion titled "FCC Insight on USF and Intercarrier Compensation Reform". The speakers will be Rebekah Goodheart (FCC), Carol Mattey (FCC), and Jon Banks (USTelecom). See also, FCC NPRM [289 pages in PDF] adopted on February 8, 2011. It is FCC 11-13 in WC Docket No. 10-90, GN Docket No. 09-51, WC Docket No. 07-135, WC Docket No. 05-337, CC Docket No. 01-92, CC Docket No. 96-45, and WC Docket No. 03-109. Free. See, notice.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Competition will host a presentation titled "Bye, Bye, Miss American Pie? The Supply of New Recorded Music since Napster". The speaker will be Joel Waldfogel (University of Minnesota), author of a paper [PDF] with the same title. For more information, contact Loren Smith at lsmith2 at ftc dot gov or Tammy John at tjohn at ftc dot gov. Location: Room 8089, 1800 M Street Building.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Spectrum Valuation Issues in the Context of The FCC’s National Broadband Plan". The speakers will include Rebecca Hanson (FCC's Media Bureau). The price to attend ranges from $25 to $150. CLE credits. See, notice. Location: Covington & Burling, 1201 Pennsylvania Ave., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [71 pages in PDF] regarding changes to the Form 477 data program. The FCC adopted and released this NPRM on February 8, 2011. It is FCC 11-14 in WC Docket Nos. 07-38, 09-190, 10-132, 11-10. See, notice in the Federal Register, February 28, 2011, Vol. 76, No. 39, at Pages 10827-10852.

Thursday, March 31

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of Goodwin Liu (to be a Judge of the U.S. Court of Appeals for the 9th Circuit) and John McConnell (to be a Judge of the U.S. District Court for the District of Rhode Island). Both face substantial opposition. The agenda also includes consideration Kevin Sharp (USDC/MDTenn), Roy Dalton (USDC/MDFl), Claire Cecchi (USDC/DNJ), and Esther Salas (USDC/DNJ). The agenda also includes consideration of S 410 [LOC | WW], the "Sunshine in the Courtroom Act". The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, Science, and Related Agencies will hold a hearing on the Office of Science and Technology Policy (OSTP) FY 2012 budget request. The witness will be John Holdren, OSTP Director. See, HAC schedule for week of March 28. Location: Room H-309, Capitol Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a closed hearing on the Department of Homeland Security (DHS) cyber security and infrastructure protection FY 2012 budget request. The witnesses will be Rand Beers (Under Secretary of the National Protection & Programs Directorate) and Phil Reitinger (Deputy Under Secretary of National Protection & Programs Directorate). See, HAC schedule for week of March 28. Location: Room H-405, Capitol Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on on Immigration Policy and Enforcement will hold a hearing titled "H-1B Visas: Designing a Program to Meet the Needs of the U.S. Economy and U.S. Workers". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "APEC 2011: Breaking Down Barriers, Creating Economic Growth". See, notice. Location: Room 215, Dirksen Building.

1:00 PM. The USTelecom will host a webcast panel discussion titled "Optical Network Edge". The speaker will be Kevin Morgan (Adtran). Free. See, notice.

2:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Asia and the Pacific will hold a hearing titled "Asia Overview: Protecting American Interests in China and Asia". See, notice. Location: Room 2200, Rayburn Building.

2:30 PM. The Senate Appropriations Committee (SAC) will hold a hearing on the FY 2012 budget request for the Library of Congress. See, notice. Location: Room 138, Dirksen Building.

Target date for the Office of the U.S. Trade Representative (OUSTR) to conclude its review of the operation, effectiveness, and implementation of and compliance with various telecommunications agreements, including the World Trade Organization (WTO) General Agreement on Trade in Services. See, notice in the Federal Register, November 18, 2010, Vol. 75, No. 222, at Pages 70770-70771.

Deadline to submit nominations to the U.S. Patent and Trademark Office (USPTO) for the award of the National Medal of Technology and Innovation (NMTI). See, notice in the Federal Register, December 30, 2010, Vol. 75, No. 250, at Page 82378.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-131 C [12 pages in PDF] titled "Transitions: Validating the Transition from FIPS 186-2 to FIPS 186-3".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-131 B [11 pages in PDF] titled "Transitions: Validation of Transitioning Cryptographic Algorithm and Key Lengths".

Deadline to submit comments to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) in response to its Notice of Inquiry (NOI) regarding Internet Assigned Numbers Authority (IANA) functions. See, notice in the Federal Register, February 25, 2011, Vol. 76, No. 38, at Pages 10569-10571.

Deadline to submit comments to the Copyright Royalty Judges regarding the motion filed by the Broadcast Music, Inc. (BMI), American Society of Composers, Authors and Publishers (ASCAP), SESAC, and Harry Fox Agency (HFA) for partial distribution of the digital audio recording technology (DART) musical works funds for 2005 through 2008. See, notice in the Federal Register, March 1, 2011, Vol. 76, No. 40, at Pages 11287-11288.

Friday, April 1

Supreme Court conference day (discussion of argued cases, and decision on cert petitions). Closed.

9:00 - 11:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "FY 2012 Budget Overview". Location: Room HVC-304, House Visitor Center.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing titled "Competition and Consolidation in Financial Markets". See, notice. Location: Room 2141, Rayburn Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing on HR __, a yet to be introduced bill regarding broadband spending under HR 1 (111th Congress) for the National Telecommunications and Information Administration (NTIA) and Rural Utilities Service (RUS). See, notice. Location: Room 2322, Rayburn Building.

2:00 - 4:00 PM. The National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure will meet, on site and by teleconference. See, notice in the Federal Register, March 16, 2011, Vol. 76, No. 51, at Page 14436. Location: NSF, 4201 Wilson Blvd., Room 1160, Arlington, VA.

Deadline to submit comments to the Department of Commerce (DOC) in response to its Notice and Request for Information regarding the USA's "innovative capacity and international competitiveness". See, original notice in the Federal Register, February 4, 2011, Vol. 76, No. 24, at Pages 6395-6397, and correction notice in the Federal Register, February 17, 2011, Vol. 76, No. 33, at Pages 9320.