Tech Law Journal Daily E-Mail Alert
June 20, 2011, Alert No. 2,249.
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Genachowski Announces More Staff Changes

6/17. Federal Communications Commission (FCC) Chairman Julius Genachowski appointed of Zachary Katz to a position titled "Chief Counsel & Senior Legal Advisor".

He will replace Rick Kaplan, whom Genachowski recently appointed Chief of the Wireless Telecommunications Bureau (WTB). See, story titled "Kaplan Replaces Milkman as FCC WTB Chief" in TLJ Daily E-Mail Alert No. 2,248, June 9, 2011.

The FCC stated in a release that Katz "will manage the Commission's overall policy agenda, and will be responsible for policy coordination among the Bureaus and Offices. In addition, he will continue to have specific responsibility for wireline, international and Internet issues, including universal service reform, Open Internet, and satellite matters."

Katz was Legal Advisor to Genachowski. Before that, he was Deputy Chief of the FCC's Office of Strategic Planning and Policy Analysis. Before that, he worked in the Obama White House Counsel's Office. And before that, he worked in the Los Angeles office of the law firm of Munger Tolles & Olson.

In addition, Genachowski appointed Sherrese Smith to a position titled "Senior Counsel". She is currently "Legal Advisor". The FCC release states that she will "oversee the Media, Consumer, and Enforcement bureaus".

Also, Genachowski named Amy Levine, who is currently Special Counsel, to the additional position of "Legal Advisor". The FCC release states that she "will take on new responsibilities overseeing the Wireless Telecommunications Bureau and Office of Engineering & Technology, adding to her portfolio that currently includes spectrum auction policy and public safety issues."

McDowell Names McGrath Advisor for Media Issues

6/17. Federal Communications Commission (FCC) Commissioner Robert McDowell named Erin McGrath his "Acting Legal Advisor for media issues".

Rosemary HaroldShe will replace Rosemary Harold (at right), who is currently "Legal Advisor for media issues". McDowell announced in a release that Harold "has decided to begin considering other opportunities outside the Commission".

McGrath has worked at the FCC since 2000, including as a legal advisor to former Commissioner Meredith Baker, and most recently, as Assistant Division Chief in the FCC's Wireless Telecommunications Bureau's (WTB) Mobility Division (MD).

Update on John Bryson and Gary Locke Nominations

6/20. President Obama announced his intent to nominate John Bryson to be Secretary of Commerce on May 31, 2011. See, White House news office release. He nominated Bryson on June 16. See, release. If confirmed by the Senate, he would replace Gary Locke, the current Secretary of Commerce.

Gary LockePresident Obama announced his intent to nominate Locke (at right) to be Ambassador to the People's Republic of China on March 9, 2011. See, story titled "Obama Picks Gary Locke to Be Ambassador to China" in TLJ Daily E-Mail Alert No. 2,202, March 10, 2011. Obama then nominated Locke on March 31, 2011.

The Senate Foreign Relations Committee (SFRC) held a hearing on Locke on May 26, 2011. See, SFRC web page for this hearing. The SFRC has not yet approved this nomination. However, the Locke nomination on the agenda for the SFRC's business meeting scheduled for June 23, 2011.

The Senate Commerce Committee (SCC) has jurisdiction over the Bryson nomination. The SCC will hold a hearing on this nomination on June 21, 2011. See, notice.

The Department of Commerce (DOC) includes several components that are involved in information and communications technology policy, including the National Telecommunications and Information Administration (NTIA) which has responsibilities regarding spectrum management, internet governance, and grants, the National Institute of Standards and Technology (NIST), and the Bureau of Industry and Security (BIS) which regulates exports and transfers of ICT products, services and information.

Also, the U.S. Patent and Trademark Office, but neither the Copyright Office nor the Office of the U.S. Trade Representative, is a component of the DOC.

Bryson is a former Ch/CEO of Edison International. He is also a Director of the Boeing Company and the Walt Disney Company. See, Bryson's Disney biography.

Chris Dodd, head of the Motion Picture Association of America (MPAA) stated in a release that "I look forward to working with him on the protection of creative content". He added that "it is critical that the Commerce Department, along with the White House and other federal agencies, help ensure that the industry is not decimated by the theft and illegal distribution of its creative products."

Judicial Appointments

6/16. The Senate Judiciary Committee (SJC) held an executive business meeting at which it again held over consideration of the nomination of Steve Six to be a Judge of the U.S. Court of Appeals (10thCir). His nomination is again on the SJC agenda for the executive business meeting scheduled for June 23, 2011. Six is former Attorney General of the state of Kansas who lost in the November 2010 election. The two Kansas Senators -- Sen. Pat Roberts (R-KS) and Sen. Jerry Moran (R-KS) -- oppose his nomination.

6/16. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved by voice vote the nominations of Marina Marmolejo (USDC/SDTex) and Michael Green (USDC/WDNY).

6/14. The Senate confirmed Claire Cecchi to be a Judge of the U.S. District Court (DNJ) by a vote of 98-0. See, Roll Call No. 88 and Congressional Record, June 14, 2011, at Page S3786.

6/14. The Senate confirmed Ester Salas to be a Judge of the U.S. District Court (DNJ). See, Congressional Record, June 14, 2011, at Page S3786.

6/7. President Obama nominated Jesse Furman to be a Judge of the U.S. District Court (SDNY). See, White House news office release and release. He is an Assistant U.S. Attorney in the Southern District of New York. Before that, he worked for the law firm of Wiggin & Dana. He also clerked for former Judge Michael Mukasey (USDC/SDNY), Jose Cabranes (USCA/2ndCir), and former Justice David Souter (SCUS).

6/7. President Obama nominated Margo Kitsy Brodie to be a Judge of the U.S. District Court (EDNY). See, White House news office release and release. She has been a federal prosecutor since 1999. Before that, she worked for the law firm of Carter Ledyard & Millburn.

6/7. President Obama nominated Susie Morgan to be a Judge of the U.S. District Court (EDLa). See, White House news office release and release.

6/7. President Obama nominated Mary Elizabeth Phillips to be a Judge of the U.S. District Court (WDMo). See, White House news office release and release.

More People and Appointments

6/15. Mary Denison was named Deputy Commissioner for Trademark Operations at the U.S. Patent and Trademark Office (USPTO). See, USPTO release. She was previously a partner at the Washington DC law firm of Manelli Denison & Selter.

Michael Leiter6/9. Michael Leiter (at right), Director of the National Counterterrorism Center (NCTC), announced that he will resign, effective July 8, 2011. See, White House news office release, and Rep. Mike Rogers' (R-MI) release.

6/9. President Obama withdrew the nomination of Peter Diamond to be a member of the Board of Governors of the Federal Reserve System. See, Congressional Record, June 9, 2011, at Page S3708, and White House news office release.

6/6. Robert Naylor was named Chief Information Officer (CIO) at the Federal Communications Commission (FCC). See, FCC release. He was previously CIO at the Small Business Administration (SBA).

6/8. The National Association of Broadcasters' (NAB) Joint Board of Directors held meetings in Washington DC on June 7 and 8, 2011, at which it, among others things, elected officers. Gordon Smith was elected P/CEO. See, NAB release.

6/3. Laurie Knight will join the Association of American Railroads (AAR), effective July 25, 2011. She has been the National Association of Broadcasters' (NAB) Executive Vice President of Government Relations. See, NAB release and AAR release.

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In This Issue
This issue contains the following items:
 • Genachowski Announces More Staff Changes
 • McDowell Names McGrath Advisor for Media Issues
 • Update on John Bryson and Gary Locke Nominations
 • Judicial Appointments
 • More People and Appointments
Washington Tech Calendar
New items are highlighted in red.
Monday, June 20

The House will meet at 10:00 AM in pro forma session. See, Rep. Cantor's schedule for the week of June 20.

The Senate will meet at 10:00 AM for morning business.

TIME? The National Coordination Office for Networking and Information Technology Research and Development (NCO/NITRD) will host a workshop on cyber security research titled "Abnormal Behavior Detection Finds Malicious Actors". This is part of its series titled "Assumption Buster Workshops". May 13, 2011, is the deadline to apply to participate. See, NITRD issue summary, and notice in the Federal Register, April 25, 2011, Vol. 76, No. 79, at Pages 22925-22926. Location: undisclosed.

5:30 - 6:45 PM. The New America Foundation (NAF) will host a discussion of the book [Amazon] titled "Will the Last Reporter Please Turn Out the Lights" and edited by Robert McChesney and Victor Pickard. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

6:00 - 9:15 PM. The DC Bar Association will host an event titled "Patent Damages Update: Recent Changes and Related Strategies". The speakers will be Clifton McCann (Venable) and Brian Way (Altera Corp.). The price to attend ranges from $89-$129. CLE credits. The DC Bar has a history of barring reporters from its events. For more information, call 202-626-3488. See, notice. Location: DC Bar, 1101 K St., NW.

Deadline to submit replies to oppositions to petitions to deny AT&T's acquisition of T-Mobile USA to the Federal Communications Commission (FCC). See, FCC Public Notice (PN). It is DA 11-799 in WT Docket No. 11-65. See also, story titled "FCC Sets Comments Deadlines for AT&T T-Mobile USA Antitrust Merger Review" in TLJ Daily E-Mail Alert No. 2,229, April 29, 2011.

Deadline to submit applications for grants under a program administered by the Department of Education's (DOE) Center on Online Learning and Students With Disabilities titled "Technology and Media Services for Individuals with Disabilities". See, notice in the Federal Register, Vol. 76, No. 87, May 5, 2011, at Pages 25676-25682.

EXTENDED FROM MAY 20. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [46 pages in PDF] regarding how its rules and policies could be modified to provide greater economic, market entry, communication adoption opportunities, and incentives for Native Nations. This notice is FCC 11-30 in CG Docket No. 11-41. The FCC adopted it on March 3, 2011, and released the text on March 4, 2011. See, notice in the Federal Register: April 5, 2011, Vol. 76, No. 65, at Pages 18759-18761. See also, extension notice (DA 11-873).

Tuesday, June 21

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. The House will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule for the week of June 20.

TIME? The Federal Trade Commission (FTC) will host an event titled "Patent Standards Workshop". See, notice in the Federal Register, Vol. 76, No. 93, Friday, May 13, 2011, at Pages 28036-28038, and FTC release of May 9, 2011. See also, story titled "FTC to Hold Workshop on Standard Setting and Patents" in TLJ Daily E-Mail Alert No. 2,242, May 16, 2011. Location: FTC's Conference Center at 601 New Jersey Ave., NW.

8:00 -10:00 AM. Broadband Census News LLC will host a panel discussion titled "Broadband Metering and Tiering: Pros and Cons for the Possible Broadband Future". Breakfast will be served. This event is open to the public. The price to attend is $47.12. See, notice and registration page. This event is also sponsored by the National Cable & Telecommunications Association (NCTA), Telecommunications Industry Association (TIA) and USTelecom. Location: Clyde's of Gallery Place, 707 7th St., NW.

8:30 - 11:00 AM. The George C. Marshall Institute will host an event titled "Controlling Cyber Conflict? Arms Control, International Norms, and Strategic Restraint". See, notice. This event is open to the public. For more information, contact info at marshall dot org or 571-970-3180. Location: National Press Club, First Amendment Lounge, 13th Floor, 529 14th St. NW.

10:00 AM - 12:00 NOON. The Senate Banking Committee (SBC) will hold a hearing titled "Cybersecurity and Data Protection in the Financial Sector". The witnesses will be Kevin Streff (Dakota State University), Leigh Williams (Financial Services Roundtable), and Marc Rotenberg (Electronic Privacy Information Center). See, notice. Location: Room 538, Dirksen Building.

2:30 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Crime and Terrorism will hold a hearing titled "Cybersecurity: Evaluating the Administration's Proposals". The witnesses will be James Baker (DOJ Associate Deputy Attorney General), Greg Schaffer (acting Deputy Under Secretary of the DHS's National Protection and Programs Directorate), and Ari Schwartz
(NIST). See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on the nominations of John Bryson to be Secretary of Commerce, and Terry Garcia to be Deputy Secretary of Commerce. See, notice. Location: Room 253, Russell Building.

RESCHEDULED. 5:00 PM. The House Rules Committee (HRC) is scheduled to met to adopt a rule for consideration of HR 1249 [LOC | WW], the "America Invents Act", the patent reform bill. The HRC will webcast this event. See, notice. Location: Room H-313, Capitol Building.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) notice of inquiry regarding the extent to which the Trademark Trial and Appeal Board (TTAB) "should become more directly involved in settlement discussions of parties to inter partes proceedings, including oppositions, cancellations and concurrent use cases". See, notice in the Federal Register, April 22, 2011, Vol. 76, No. 78, at Pages 22678-22679. See also, story titled "USPTO Issues NOI on TTAB Participation in Settlement Discussions" in TLJ Daily E-Mail Alert No. 2,227, April 27, 2011.

Wednesday, June 22

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The schedule for the week includes consideration of HR 1249 [LOC | WW], the "America Invents Act", the patent reform bill. See, Rep. Cantor's schedule for the week of June 20.

9:00 AM. There will be an event titled "Antitrust Invitation Symposium". For more information, contact Sarah Frey at 410-897-7028 or sfrey at fmscnet dot com. Location: National Press Club, Holeman Lounge, 13th Floor, 529 14th St. NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of Intellectual Property Law Enforcement Efforts". The witnesses will be Victoria Espinel (Intellectual Property Enforcement Coordinator), Jason Weinstein (Deputy Assistant Attorney General in the DOJ's Criminal Division), Gordon Snow (Assistant Director of the FBI's Cyber Division), Allen Gina (U.S. Customs and Border Protection), and Erik Barnett (U.S. Immigration and Customs Enforcement). See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology (SCT) will hold a hearing titled "Reforming FCC Process". See, notice. See also, discussion draft [14 pages in PDF] of the yet to be introduced bill titled "Federal Communications Commission Process Reform Act of 2011". Location: Room 2123, Rayburn Building.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Understanding the Importance of Export Credit Financing to U.S. Competitiveness". The speakers will be Rep. Robert Dold (R-IL), Rep. Carolyn McCarthy (D-NY), Fred Hochberg (head of the Export-Import Bank), Gary Hufbauer (Peterson Institute for International Economics), and Robert Atkinson (ITIF). See, notice. Location: Room B-369, Rayburn Building.

12:00 NOON - 3:00 PM. The Federal Communications Bar Association's (FCBA) Privacy and Data Security and Legislative Committees will host a brown bag lunch titled "Practical Mark-Up of Privacy & Data Security Legislation". This bills to be discussed are HR 611, the "BEST PRACTICES Act" sponsored by Rep. Bobby Rush (D-IL), HR 654, the "Do Not Track Me Online Act" sponsored by Rep. Jackie Speier (D-CA), HR 1528, the "Consumer Privacy Act of 2011" sponsored by Rep. Cliff Stearns (R-FL) and Rep. Jim Matheson (D-UT), HR __, the "Do Not Track Kids Act of 2011" sponsored by Rep. Ed Markey (D-MA) and Rep. Joe Barton (R-TX), S 799, the "Commercial Privacy Bill of Rights Act of 2011" sponsored by Sen. John Kerry (D-MA) and Sen. John McCain (R-AZ), and S 913, the "Do-Not-Track Online Act of 2011" sponsored by Sen. John Rockefeller (D-WV). For more information, contact Jenell Trigg at 202-416-1090 or strigg at lermansenter dot com. This event is free. This event is closed to reporters. Location: Reed Smith, 1301 K St., NW.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Christopher Droney (to be a Judge of the U.S. Court of Appeals (2ndCir), Robert Mariani (USDC/MDPenn), Cathy Bissoon (USDC/WDPenn), Mark Hornak (USDC/WDPenn), and Robert Scola (USDC/SDFl). See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

Thursday, June 23

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The schedule for the week includes consideration of HR 1249 [LOC | WW], the "America Invents Act", the patent reform bill. See, Rep. Cantor's schedule for the week of June 20.

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

10:00 AM. The House Ways and Means Committee (HWMC) will hold a hearing titled "Tax Reform and Foreign Investment in the United States". See, notice. Location: Room 1101, Longworth Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nomination of Steve Six to be a Judge of the U.S. Court of Appeals (10thCir). See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Foreign Relations Committee (SFRC) will hold a business meeting. The agenda includes consideration of the nomination of Gary Locke to be Ambassador to the People's Republic of China. The SFRC will webcast this event. Location: Room 106, Dirksen Building.

2:00 - 5:00 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The Innovation Policy Saga 2006-2016". The speakers will include Robert Atkinson (ITIF), Aneesh Chopra (EOP), Sen. Chris Coons (D-DE), Rep. Darrell Issa (R-CA), John Engler (Business Roundtable), John Lechleiter (Eli Lilly), and others. See, notice and registration page. Location: Newseum, 555 Pennsylvania Ave., NW.

Friday, June 24

The House will meet at 9:00 AM for legislative business. The schedule for the week includes consideration of HR 1249 [LOC | WW], the "America Invents Act", the patent reform bill. See, Rep. Cantor's schedule for the week of June 20.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies will hold a hearing titled "Examining the Homeland Security Impact of the Obama Administration’s Cybersecurity Proposal". See, notice. Location: Room 311, Cannon Building.

5:00 PM. Deadline to request permission to attend the June 28 meeting to the Department of State's (DOS) Advisory Committee on International Communications and Information Policy (ACICIP). See, notice in the Federal Register, Vol. 76, No. 96, Wednesday, May 18, 2011, at Pages 28843-28844.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [55 pages in PDF] regarding wireless signal boosters. The FCC adopted this item on April 5, 2011, and released the text on April 6, 2011. It is FCC 11-53 in WT Docket No. 10-4. See, notice in the Federal Register, Vol. 76, No. 90, Tuesday, May 10, 2011, at Pages 26983-26996.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) [6 pages in PDF] regarding the economic impact of low power FM stations on full service commercial FM stations. The FCC released this PN on May 10, 2011. It is DA 11-756 in MB Docket No. 11-83. See also, notice in the Federal Register, Vol. 76, No. 97, Thursday, May 19, 2011, at Pages 28983-28986, and story titled "FCC Seeks Comments on Economic Impact of LPFM on Commercial FM" in TLJ Daily E-Mail Alert No. 2,244, May 18, 2011.

Monday, June 27

The House will be in recess the week of Monday, June 27 through Friday, July 1.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [52 pages in PDF] regarding retransmission consent negotiations. The FCC adopted and released this NPRM on March 3, 2011. It is FCC 11-31 in MB Docket No. 10-71. See, notice in the Federal Register, March 28, 2011, Vol. 76, No. 59, at Pages 17071-17088.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [17 pages in PDF] regarding Terrestrial Trunked Radio, or TETRA, technology. The FCC adopted this item on April 18, 2011, and released the text on April 26, 2011. It is FCC 11-63 in WT Docket No. 11-69 and ET Docket No. 09-234. See, notice in the Federal Register, Vol. 76, No. 91, Wednesday, May 11, 2011, at Pages 27296-27300.