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Thursday, September 29, 2011, Alert No. 2,306.
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Copyright Office Opens Rulemaking Proceeding on Section 512 Designation of Agents to Receive Notices of Copyright Infringement

9/28. The Copyright Office (CO) published a notice in the Federal Register that announces, describes, recites, and requests comments on, its proposed rules governing the designation by online service providers of agents to receive notifications of claimed copyright infringement. The CO proposes shifting to a system in which service providers must make their designation electronically, via the web. 

The safe harbor provision of 17 U.S.C. § 512 provides, at subsection (c)(1), that "A service provider shall not be liable for monetary relief, or, ... for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider", among other things, "does not have actual knowledge that the material or an activity using the material on the system or network is infringing".

One of the requirements for qualifying for this immunity is complying with the notice and take down provisions of Section 512. The first component of this is maintaining an agent for receiving notices of claimed infringement.

Subsection 512(c)(2) provides that "The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement ... by making available through its service, including on its website in a location accessible to the public, and by providing to the Copyright Office, substantially the following information:
  (A) the name, address, phone number, and electronic mail address of the agent.
  (B) other contact information which the Register of Copyrights may deem appropriate.
The Register of Copyrights shall maintain a current directory of agents available to the public for inspection, including through the Internet, in both electronic and hard copy formats, and may require payment of a fee by service providers to cover the costs of maintaining the directory."

The Copyright Office (CO) has maintained implementing regulations, as required by this statute, since 1998. This notice states that "issues have arisen with respect to the currency and accuracy of the information in the directory, and the Office also intends to implement an electronic process by which service providers may designate agents to receive notifications of claimed infringement and an electronic database to search for designated agents of online service providers".

The CO proposed to eliminate paper filing, and mandate electronic filing as the only way to designate agents. The CO would then maintain an online database of designated agents that is accessible via the web to the public.

The CO proposes to allow the use of third party agents not employed by the service provider.

The CO proposes to require periodic validation of designations, either annually, or every two years, to weed out businesses that have ceased operations. Service providers would also be able to electronically amend their designation information at any time.

The proposed rules also address overlapping designations, such as when a web site is sold, and the new owner submits a designation of agent to the CO, while the previous owner's designation is still on record, or when someone makes a fraudulent designation.

The CO also proposes that all service providers must file anew under the new system. The proposed rules also address the transition period in which new filings are being made.

The notice also addresses fees.

The notice acknowledges that maintaining actual e-mail addresses in the CO's online database, rather that text (i.e., name at domain dot com) or graphic versions, would facilitate automated harvesting of these e-mail addresses in support of spam e-mailing. Nevertheless, it proposes the use of actual e-mail addresses. Perhaps is should be noted that this notice does not include the e-mail address of the CO attorney in charge of this proceeding in any format.

The statute requires the service provider to designate a "name". The notice asks "whether an online service provider must provide the actual name of a natural person or whether the name of a specific position or title will satisfy this requirement".

The notice also asks "whether requiring a separate designation for each web address is the preferable means of organizing the directory. If so, a further question arises as to whether service providers should continue to be able to identify additional names by which they are known, which would be searchable in the directory. Conceivably, the web address is the primary or even the only name that a person searching the directory would need to ascertain who the
designated agent of a service provider is." It also asks what would be meant by "web site".

The deadline to submit initial comments is November 28, 2011. The deadline to submit reply comments is December 27, 2011. See, Federal Register, Vol. 76, No. 188, Wednesday, September 28, 2011, at Pages 59953-59960.

Copyright Office Opens 5th Triennial Proceeding on DMCA Anti-Circumvention Exemptions

9/29. The Copyright Office (CO) published a notice in the Federal Register that initiates a notice of inquiry, to be followed by a rulemaking proceeding, regarding designating exemptions to the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA).

The DMCA, enacted in 1998, requires these proceeding every three years. This is the fifth such proceeding. This notice asks for comments regarding what classes of works should be exempt. Comments are due by December 1. The CO will then issue a notice of proposed rulemaking in December that sets out proposed exemptions. The CO will also hold public hearings "in the Spring, in Washington DC and possibly in California".

The anti-circumvention provisions of the DMCA are codified at 17 U.S.C. § 1201, et seq. Subsection 1201(a)(1)(A) provides that "No person shall circumvent a technological measure that effectively controls access to a work protected under this title ...".

Then, § 1201(a)(2)(A) provides that "No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that --- (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;"

Furthermore, § 1201(b)(1)(A) provides that "No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that --- (A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof; ..."

Then, Subsections 1201(a)(1)(B) through (E) provide for rulemaking proceedings conducted by the CO every three years to establish exemptions to the prohibition of (a)(1)(A) for certain non-infringing uses.

The rules currently in effect, which are codified at 37 C.F.R. § 201.40, designate six exemptions to the prohibition: (1) certain movies on DVD protected by CSC, (2) certain programs that enable wireless phones (especially the iPhone) to execute software applications, (3) programs that enable used wireless phones to connect to a wireless telecommunications network if allowed by the network operator, (4) certain video games, for the purpose of investigating or correcting security flaws, (5) certain programs protected by dongles, and (6) e-book when all e-book editions of the work do not allow read aloud functions.

See also, story titled "Copyright Office Releases 4th Triennial DMCA Exemptions" in TLJ Daily E-Mail Alert No. 2,115, July 30, 2010. It has been just over one year since the current rules were released and took effect. However, the CO was late in releasing those rules. It extended the effective term of the 3rd triennial rules. The FR notice states that the CO will release it 5th triennial rules by February 15, 2012.

The just released notice advises prospective commenters that "in order to make a prima facie case for a proposed exemption, certain critical points should be established. First, a proponent should identify the technological measure that is the ultimate source of the alleged problem, and the proponent should explain how the technological measure effectively controls access to a copyrighted work."

Second, "a proponent must specifically explain what noninfringing activity the prohibition on circumvention is preventing. In addition to describing the activity, the proponent should provide a factual basis for a determination that the technological measure has had or is likely to have a substantial adverse effect on noninfringing uses; demonstrating only isolated instances of relatively minimal adverse effects is not likely to meet the proponent's burden."

Third, "a proponent should establish that the prevented activity is, in fact, a noninfringing use under current law. A proponent should also demonstrate why the access-protected copy of a work is needed for the noninfringing use and why alternate means of engaging in the noninfringing uses (including use of available copies of the work in unprotected formats), if they exist, are an insufficient substitute for accomplishing the noninfringing use."

Reps. Terry and Towns Introduce Bill to Allow Informational Calls to Mobile Numbers

9/22. Rep. Lee Terry (R-NE) and Rep. Edolphus Towns (D-NY) introduced HR 3035 [LOC | WW], the "Mobile Informational Call Act of 2011", a bill to amend the Telephone Consumer Protection Act (TCPA) to permit certain informational calls to mobile telephone numbers.

The TCPA, which is codified at 47 U.S.C. § 227, currently provides that "It shall be unlawful for any person ... to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call ..."

This bill would allow calls, including automated calls, to mobile phones, if "the call is made for a commercial purpose that does not constitute a telephone solicitation".

The bill is supported by, among others, trade groups that represent the financial services sector.

The American Bankers Association, Financial Services Roundtable, Mortgage Bankers Association, US Chamber of Commerce and other groupss sent a letter to Rep. Fred Upton (R-MI) and Rep. Henry Waxman (D-CA) urging the HCC to "approve this legislation as soon as possible".

They wrote that "Businesses increasingly rely on advanced communications technologies to convey timely and important information to consumers. These calls notify consumers about threats such as data breaches and fraud alerts, provide timely notice of flight and service appointment cancellations and drug recalls, and protect consumers against the adverse consequences of failure to make timely payments on an account."

They added, "Unfortunately, the TCPA restricts informational calls that utilize assistive technologies to mobile devices even though the law permits such calls to be made to wireline phones. As a result, the approximately 40% of American consumers who identify their mobile device as their primary or exclusive means of communication do not receive many of these calls."

It was referred to the House Commerce Committee (HCC).

People and Appointments

9/27. The U.S. Patent and Trademark Office (USPTO), which administers the award of the National Medal of Technology and Innovation announced the latest set of winners: Rakesh Agrawal (Purdue University), Jayant Baliga (North Carolina State University), Donald Bateman (Honeywell), Yvonne Brill (formerly with RCA Astro Electronics), Michael Tompsett (TheraManager). See, USPTO release.

9/20. The Fiber to the Home Council announced in a release that is President, Daniel O'Connell, "will leave the organization in October to take a senior position at a major telecommunications company".

More News

9/28. Ben Bernanke, Chairman of the Federal Reserve Board (FRB), gave a speech in Cleveland, Ohio, titled "Lessons from Emerging Market Economies on the Sources of Sustained Growth". He stated that an "important lesson of the past two decades involves the pivotal role of technology in economic development. For emerging market economies, which tend to lag behind in technological sophistication, rapid gains in productivity can be achieved by adapting state-of-the-art technologies already developed by the advanced economies rather than by having to develop these technologies from scratch. But successful importing of technologies does not happen automatically or without preparation. For example, strong educational systems producing increasingly skilled workforces have proven crucial for climbing the technological ladder". He concluded that "advanced economies like the United States would do well to re-learn some of the lessons from the experiences of the emerging market economies, such as the importance of disciplined fiscal policies, the benefits of open trade, the need to encourage private capital formation while undertaking necessary public investments, the high returns to education and to promoting technological advances, and the importance of a regulatory framework that encourages entrepreneurship and innovation while maintaining financial stability".

9/28. Google disclosed in a release that it has received a second request from the Department of Justice's (DOJ) Antitrust Division, which is reviewed Google's planned acquisition of Motorola Mobility. See, story titled "Google to Acquire Motorola Mobility" in TLJ Daily E-Mail Alert No. 2,290, August 15, 2011.

9/28. The U.S. Patent and Trademark Office (USPTO) announced in a release that itsPatent and Trademark Depository Libraries (PTDLs) will become known as Patent and Trademark Resource Centers (PTRCs) on October 1, 2011.

9/28. Microsoft announced in a release that it and Samsung Electronics have signed a definitive agreement for patent cross licensing related to phones and tablets. Microsoft stated that "Microsoft will receive royalties for Samsung’s mobile phones and tablets running the Android mobile platform. In addition, the companies agreed to cooperate in the development and marketing of Windows Phone." Microsoft's Brad Smith and Horacio Gutierrez stated in a release that "Together with the license agreement signed last year with HTC, today’s agreement with Samsung means that the top two Android handset manufacturers in the United States have now acquired licenses to Microsoft’s patent portfolio. These two companies together accounted for more than half of all Android phones sold in the U.S. over the past year. That leaves Motorola Mobility, with which Microsoft is currently in litigation, as the only major Android smartphone manufacturer in the U.S. without a license."

9/27. Lawrence Strickling, head of the National Telecommunications and Information Administration (NTIA), gave a speech in Nairobi, Kenya, regarding internet governance. He stated that "the future of the Internet is at risk.  The multistakeholder model is being challenged.  In the last year, we have seen more and more instances of restrictions on the free flow of information online, disputes between standards bodies and even appeals from incumbent carriers for government intervention on the terms and conditions for exchanging Internet traffic. We have seen statements from international organizations and some governments that call for more direct regulation of the Internet." He added that "All nations should step up in support of the free and open Internet and the multistakeholder process".

9/27. The National Telecommunications and Information Administration (NTIA) released a report [15 pages in PDF] titled "Broadband Technology Opportunities Program (BTOP) Quarterly Program Status Report". Also, Lawrence Strickling, head of the NTIA, gave a speech on September 23, 2011, in which he addressed BTOP spending.

9/27. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-121 Rev. 1 [49 pages in PDF], titled "Guide to Bluetooth Security". The deadline to submit comments is October 28, 2011.

9/26. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-153 [24 pages in PDF], titled "Guidelines for Securing Wireless Local Area Networks (WLANs)". The deadline to submit comments is October 28, 2011.

9/23. The U.S. Patent and Trademark Office (USPTO) announced in a release its plans "to begin accepting requests for prioritized examination of patent applications through the Track One prioritized patent examination program now scheduled to go into effect on Monday September 26, 2011."

9/23. The Government Accountability Office (GAO) released a report [101 pages in PDF] titled "Electronic Government: Performance Measures for Projects Aimed at Promoting Innovation and Transparency Can Be Improved".

9/19. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-30 Rev. 1 [85 pages in PDF], titled "Guide for Conducting Risk Assessments". The deadline to submit comments is November 4, 2011.

9/14. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-107 Revised [24 pages in PDF], titled "Recommendation for Applications Using Approved Hash Algorithms". The deadline to submit comments is October 31, 2011.

8/16. The U.S. District Court (CDCal) entered a Stipulated Permanent Injunction and Final Order [18 pages in PDF] in Federal Trade Commission v. Flora, a civil case involving the sending of unsolicited commercial text messages in violation of the federal CAN-SPAM Act, which is codified at 15 U.S.C §§ 7701-7713. The FTC filed its complaint in February. See, story titled "FTC Files Complaint Against Text Spammer" in TLJ Daily E-Mail Alert No. 2,198, February 25, 2011. The order merely bars Flora from continuing to violate the CAN SPAM Act, and imposes a judgment of $58,946.90. See also, FTC's September 29, 2011 release. This case is FTC v. Phillip A. Flora, U.S. District Court for the Central District of California, D.C. No. 8:11-cv-00299-AG -JEM.

In This Issue
This issue contains the following items:
 • Copyright Office Opens Rulemaking Proceeding on Section 512 Designation of Agents to Receive Notices of Copyright Infringement
 • Copyright Office Opens 5th Triennial Proceeding on DMCA Anti-Circumvention Exemptions
 • Reps. Terry and Towns Introduce Bill to Allow Informational Calls to Mobile Numbers
 • People and Appointments
 • More News
Washington Tech Calendar
New items are highlighted in red.
Friday, September 30

The House will not meet.

The Senate will not meet.

9:30 AM - 12:30 PM. Assembly of the Administrative Conference of the United States' Committee on Regulation will hold a meeting regarding international regulatory cooperation. It will consider how the Conference might update its Recommendation 91-1, titled "Federal Agency Cooperation with Foreign Government Regulators", in light of developments in United States government structure, trade agreements, and technology. See, notice in the Federal Register, Vol. 76, No. 171, Friday, September 2, 2011, at Page 54730. Location: Suite 706 South, 1120 20th St., NW.

10:00 AM - 12:00 PM. The Department of State's (DOS) Office of Legal Adviser's (OLA) Office of Private International Law will hold a public meeting regarding the future work of Working Group IV of the United Nations Commission on International Trade Law. Working Group IV addresses international electronic commerce. It will next meet on October 10-14, 2011, in Vienna, Austria. See, notice in the Federal Register, Vol. 76, No. 178, Wednesday, September 14, 2011, at Page 56865. Location: DOS.

5:00 PM. Extended deadline to submit comments to the Department of Energy (DOE) regarding its proposed determination for set-top boxes and network equipment as a covered consumer product under the Energy Policy and Conservation Act, which is codified at 42 U.S.C. § 6291, et seq. See, original notice in the Federal Register, Vol. 76, No. 115, Wednesday, June 15, 2011, at Pages 34914-34918, and extension notice in the Federal Register, Vol. 76, No. 131, Friday, July 8, 2011, at Pages 40285-40286.

The contract between the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) and the Internet Assigned Numbers Authority (IANA) expires. The IANA manages the global coordination of the Domain Name System (DNS) root, internet protocol (IP) addressing, and other IP resources pursuant to this contract.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-133 [24 pages in PDF] titled "Recommendation for Cryptographic Key Generation".

Saturday, October 1

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-38 F [31 pages in PDF] titled "Recommendation for Block Cipher Modes of Operation: Methods for Key Wrapping".

Monday, October 3

The Senate will meet at 2:00 PM. The Senate will resume consideration of the motion to proceed to S 1619 [LOC | WW], the "Currency Exchange Rate Oversight Reform Act". The Senate may also consider the nominations of USDC Judge Henry Floyd to be a Judge of the U.S. Court of Appeals (4thCir), Nannette Brown (to be a Judge of the USDC/EDLa), Nancy Torresen (to be a Judge of the USDC/DMaine), William Kuntz (to be a Judge of the USDC/EDNY), Marina Marmolejo (USDC/SDTex), and Jennifer Zipps (to be a Judge of the USDC/DAriz). See, Sen. Reid's schedule for October 3.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rule Making (2ndFNPRM) and NPRM regarding extending the FCC's location surveillance mandate to outbound only interconnected VOIP services, and revising the definition of interconnected VOIP. The FCC adopted this item on July 12, 2011, and released the text on July 13. This NPRM is FCC 11-107 in PS Docket No. 07-114, GN Docket No. 11-117, and WC Docket No. 05-196. See, notice in the Federal Register, Vol. 76, No. 150, Thursday, August 4, 2011, at Pages 47114-47123. See also, Public Notice (DA 11-1376).

Deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security regarding the effect of its foreign policy based export controls. See, notice in the Federal Register, Vol. 76, No. 170, Thursday, September 1, 2011, at Pages 54426-54428.

Tuesday, October 4

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Patent Boxes: Innovation in Tax Policy and Tax Policy for Innovation". The speakers will be Tracee Fultz (Ernst & Young), Robert Atkinson (ITIF), and Victor Cramer (Embassy of the Netherlands). See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

10:00 AM - 12:00 NOON. The House Intelligence Committee (HIC) will hold an open hearing titled "Cyber Threats and Ongoing Efforts to Protect the Nation". The witnesses will be Michael Hayden (Chertoff Group) and Arthur Coviello (RSA). See, notice. Location: Room HVC 210, Capitol Visitor Center.

10:00 AM. The House Foreign Affairs Committee (HFAC) will hold a hearing titled "Why Taiwan Matters, Part II". The witnesses will be Kurt Campbell (Assistant Secretary of State for East Asian and Pacific Affairs) and Peter Lavoy (Principal Deputy Assistant Secretary of Defense for Asian and Pacific Security Affairs). See, notice. Location: Room 2172, Rayburn Building.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing. See, notice. Location: Room 219, Hart Building.

3:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Stephanie Thacker (to be a Judge of the U.S. Court of Appeals for the 4th Circuit), Michael Fitzgerald (USDC/CDCal), Ronnie Abrams (USDC/SDNY), Rudolph Contreras (USDC/DC), and Miranda Du (USDC/DNev). See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

Deadline to submit reply comments in response to the Federal Communications Commission (FCC) in response to its notice of inquiry [19 pages in PDF] titled "Eighth Broadband Progress Notice and Inquiry". This is a Section 706 NOI concerning the availability of advanced telecommunications capability. The FCC adopted and released this NOI on August 5, 2011. It is FCC 11-124 in GN Docket No. 11-121. See also, story titled "FCC Releases NOI for 8th Section 706 Report" in TLJ Daily E-Mail Alert No. 2,283, August 8, 2011.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing its annual report titled "National Trade Estimate Report on Foreign Trade Barriers". The OUSTR seeks comments on, among other things, lack of intellectual property protection. See, notice in the Federal Register, Vol. 76, No. 156, Friday, August 12, 2011, at Pages 50287-50289. See also, story titled "OUSTR Seeks Comments for Report on Foreign Trade Barriers" in TLJ Daily E-Mail Alert No. 2,290, August 15, 2011.

Wednesday, October 5

9:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing, and Trade will hold a hearing titled "Protecting Children's Privacy in an Electronic World". See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The House Homeland Security Committee (HHSC) Subcommittee on Counterterrorism and Intelligence will hold a hearing titled "Intelligence Sharing and Terrorist Travel: How DHS Addresses the Mission of Providing Security, Facilitating Commerce and Protecting Privacy for Passengers Engaged in International Travel". See, notice. Location: Room 311, Cannon Building.

11:00 AM. The Supreme Court will hear oral argument in Golan v. Holder, Sup. Ct. No. 10-545, a case regarding whether Section 514 of the Uruguay Round Agreements Act of 1994, which granted copyright protection to various foreign works that were previously in the public domain in the US, violates the Constitution. See, June 21, 2010, opinion [38 pages in PDF] of the U.S. Court of Appeals (10thCir), published at 609 F.3d 1076. Location: Supreme Court.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Considering the Role of Judges Under the Constitution of the United States". The witnesses will be Justice Antonin Scalia and Justice Stephen Breyer. See, notice. The SJC will webcast this hearing. Location: Room 216, Hart Building.

TIME? The Office of the U.S. Trade Representative (OUSTR) will hold a hearing to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, Vol. 76, No. 156, Friday, August 12, 2011, at Pages 50286-50287. See also, story titled "OUSTR to Hold Hearing on PRC Compliance with WTO Commitments" in TLJ Daily E-Mail Alert No. 2,290, August 15, 2011. Location: Room 1, 1724 F St., NW.

1:00 - 5:00 PM. The Department of Homeland Security's (DHS) Data Privacy and Integrity Advisory Committee will meet. See, notice in the Federal Register, Vol. 76, No. 183, Wednesday, September 21, 2011, at Pages 58524-58525. Location: Navy League Building, 2300 Wilson Boulevard, Arlington, VA.

1:30 PM. The House Judiciary Committee's (HJC) Subcommittee on Immigration Policy and Enforcement will hold a hearing titled "STEM the Tide: Should America Try to Prevent an Exodus of Foreign Graduates of U.S. Universities with Advanced Science Degrees?". See, notice. Location: Room 2141, Rayburn Building.

Thursday, October 6

8:30 AM - 4:45 PM. The Department of Homeland Security's (DHS) Critical Infrastructure Partnership Advisory Council (CIPAC) will hold a meeting. Free. Open to the public. See, notice in the Federal Register, Vol. 76, No. 174, Thursday, September 8, 2011, at Page 55693. Location: Renaissance Washington Downtown Hotel, 999 9th St., NW.

9:00 AM - 5:00 PM. The U.S.-China Economic and Security Review Commission will hold one of a series of public meetings to consider drafts of material for its 2011 Annual Report to Congress. The topics to be considered in these meeting include "intellectual property protection and its 5-year plan, technology transfers, and outsourcing", and "China's foreign and regional activities and relationships, including those pertaining to Taiwan and Hong Kong". See, notice in the Federal Register, Vol. 76, No. 167, Monday, August 29, 2011, at Pages 53717-53718. Location: Conference Room 333, Hall of the States, North Bldg., 444 North Capitol St., NW.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "A Time For Change: The Case for Reforming Universal Service Now". The speakers will be Robert Atkinson (ITIF), Hank Hultquist (AT&T), Rick Cimerman (National Cable & Telecommunications Association), Shirley Bloomfield (National Telecommunications Cooperative Association), and Anna Maria Kovacs. See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

10:00 AM - 12:00 NOON. The House Intelligence Committee (HIC) will hold an open hearing titled "Domestic Threat Intelligence". The witnesses will be Robert Mueller III (FBI Director) and Matthew Olsen (NCTC Director). See, notice. Location: Room HVC 210, Capitol Visitor Center.

10:00 AM. The House Homeland Security Committee (HHSC) Subcommittee on Cybersecurity, Infrastructure Protection and Security Technologies will hold a hearing titled "Cloud Computing: What are the Security Implications?". See, notice. Location: Room 311, Cannon Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of Judge Evan Wallach (to be a Judge of the U.S. Court of Appeals Federal Circuit), Dana Christensen (USDC/DMont), Cathy Bencivengo (USDC/SDCal), Gina Marie Groh (USDC/NDWV), and Margo Brodie (USDC/EDNY). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing. See, notice. Location: Room 219, Hart Building.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Ethics Issues for the FCC Practitioner". CLE credits. The price to attend ranges from $25 to $195. See, notice and registration form. Registrations and cancellations are due by 5:00 PM on October 4. Location: Wiley Rein, 10th floor, 1776 K St., NW.

Deadline to submit comments to the Copyright Royalty Judges (CRJ) in response to their notice in the Federal Register requesting comments on a motion of Phase I claimants for partial distribution in connection with the 2009 cable royalty funds. The CRJ also request comments as to the existence of Phase I and Phase II controversies with respect to the distribution of 2009 cable royalty funds. See, Federal Register, Vol. 76, No. 172, Tuesday, September 6, 2011, at Pages 55122-55123.

Deadline to submit comments to the Copyright Royalty Judges (CRJ) in response to their notice in the Federal Register requesting comments on a motion of Phase I claimants for partial distribution in connection with the 2009 satellite royalty funds. The CRJ also request comments as to the existence of Phase I and Phase II controversies with respect to the distribution of 2009 satellite royalty funds. See, Federal Register, Vol. 76, No. 172, Tuesday, September 6, 2011, at Pages 55123-55124.

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