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Sunday, April 1, 2012, Alert No. 2,362.
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House Homeland Security Committee Approves IPAWS Bill

3/28. The House Homeland Security Committee (HHSC) amended and approved HR 3563 [LOC | WW], the "Integrated Public Alert and Public Warning System Modernization Act of 2011".

Rep. Gus Bilirakis (R-FL) introduced this bill on December 6, 2011. The HHSC's Subcommittee on Emergency Preparedness, Response and Communications amended and approved itl on December 8. Rep. Bilirakis offered offered an amendment in the nature of a substitute [14 pages in PDF] at the mark up.

Rep. Bilirakis described his bill, and amendment. He said that "The public alert and warning systems have not been modernized in decades and we must ensure that alerts and warnings work reliably, effectively, and efficiently so that we can make information available to the largest number of people possible, while also protecting and ensuring individual privacy".

There was no further debate or discussion. The HHSC approved the AINS by voice vote.

This is a vaguely worded bill. It adds a new Section 526 to the Homeland Security Act of 2002 that would require the Department of Homeland Security (DHS) to "establish or adapt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system Integrated Public Alert Warning System Modernization".

It would also provide that the DHS "shall ensure that the system ... incorporates redundant and diverse modes to disseminate homeland security information and other information in warning messages to the public so as to reach the greatest number of individuals".

The bill is not clear as to how much authority the DHS would have. This bill would give the Federal Communications Commission (FCC) a merely advisory role.

See also, story titled "House Homeland Security Committee to Mark Up IPAWS Bill" in TLJ Daily E-Mail Alert No. 2,357, March 26, 2012.

Rep. Baca and Rep. Wolf Introduce Bill to Unconstitutionally Mandate Warning Labels on Video Games

3/19. Rep. Joe Baca (D-CA) and Rep. Frank Wolf (R-VA) introduced HR 4204 [LOC | WW], an untitled bill that would require the Consumer Product Safety Commission (CPSC) to promulgate regulations that require warning labels on the packaging of video games.

This bill would require that any video game rated as E, T, M or A by the Entertainment Software Ratings Board (ESRB) must carry this: "WARNING: Exposure to violent video games has been linked to aggressive behavior."

On June 27, 2011, the Supreme Court issued its opinion in Brown v. EMA & ESA, holding that video games are protected free speech, and that strict scrutiny analysis applies to government mandates to publish warning labels. See also, story titled "Supreme Court Holds First Amendment Protects Video Games" in TLJ Daily E-Mail Alert No. 2,250, June 28, 2011.

It is therefore likely that were this bill enacted into law, it would be challenged by the video games industry, and the courts would hold it an unconstitutional violation of the First Amendment.

Rep. Baca stated in a release that "The video game industry has a responsibility to parents, families, and to consumers -- to inform them of the potentially damaging content that is often found in their products ... They have repeatedly failed to live up to this responsibility. Meanwhile research continues to show that playing violent video games is a casual risk factor for a host of detrimental effects in both the short- and long-term, including increasing the likelihood of physically aggressive behavior. American families deserve to know the truth about these potentially dangerous products."

This bill was referred to the House Commerce Committee (HCC). Neither Rep. Baca nor Rep Wolf are members. There are no other sponsors.

Global Payments Discloses Data Breach

4/1. Global Payments, Inc., which provides electronic transaction processing services, stated in a March 30, 2012, release that " it identified and self-reported unauthorized access into a portion of its processing system."

It elaborated that "In early March 2012, the company determined card data may have been accessed. It immediately engaged external experts in information technology forensics and contacted federal law enforcement. The company promptly notified appropriate industry parties to allow them to minimize potential cardholder impact."

It stated in an April 1 release that "The company believes that the affected portion of its processing system is confined to North America and less than 1,500,000 card numbers may have been exported. The investigation to date has revealed that Track 2 card data may have been stolen, but that cardholder names, addresses and social security numbers were not obtained by the criminals. Based on the forensic analysis to date, network monitoring and additional security measures, the company believes that this incident is contained."

Rep. Mary Mack (R-CA) stated in a release that "This latest online assault on tens of thousands of American consumers brings into sharp focus the urgent need for Congress to pass data security legislation this year. I am strongly urging House leaders to include my Secure and Fortify Electronic (SAFE) Data Act -- passed out of my subcommittee last year -- as part of the broader cybersecurity debate which we will be taking place in the coming weeks. The time to act is now."

See also, stories titled "Rep. Mack Introduces SAFE Data Act" and "House Commerce Committee to Mark Up SAFE Data Act" in TLJ Daily E-Mail Alert No. 2,363, July 19, 2011.

Numerous pending bills address data security and data breaches. See for example:

  • S 1151 [LOC | WW], the "Personal Data Privacy and Security Act of 2011"
  • S 1207 [LOC | WW], the "Data Security and Breach Notification Act of 2011"
  • S 1408 [LOC | WW], the "Data Breach Notification Act of 2011"
  • S 1434 [LOC | WW], the "Data Security Act of 2011"
  • S 1535 [LOC | WW], the "Personal Data Protection and Breach Accountability Act of 2011"
  • HR 1707 [LOC | WW], the "Data Accountability and Trust Act"
  • HR 1841 [LOC | WW], the "Data Accountability and Trust Act of 2011"
  • HR 2577 [LOC | WW], the "Secure and Fortify Electronic Data Act".
More Cyber Security News

3/27. Rep. Mary Mack (R-CA) and Rep. Marsha Blackburn (R-TN) introduced HR 4263 [LOC | WW], the "Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2012" or "SECURE IT Act".

3/26. Rep. Darrell Issa (R-CA) and Rep. Elijah Cummings (D-MD) introduced HR 4257 [LOC | WW], the "Federal Information Security Amendments Act of 2012". See, Rep. Issa's release.

3/23. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft NIST IR-7622 [97 pages in PDF] titled "Notional Supply Chain Risk Management Practices for Federal Information Systems". The deadline to submit comments is May 11, 2012.

Senate Belatedly Confirms Ohlhausen

3/30. The Senate confirmed Maureen Ohlhausen to be a Commissioner of the Federal Trade Commission (FTC). See, story titled "Obama Picks Ohlhausen for FTC Commissioner" in TLJ Daily E-Mail Alert No. 2,264, July 20, 2011. The Senate also confirmed Jonathan Leibowitz, who is currently a Commissioner, and the FTC Chairman. This is a reappointment.

The confirmation of Ohlhausen comes over eight months after her nomination, and just four days after the FTC issued a major report [112 pages in PDF] on privacy. See, stories titled "FTC Releases Second Report on Privacy Issues", "Reaction to FTC Privacy Report", and "Commentary: Unfair v. Deceptive Conduct" in TLJ Daily E-Mail Alert No. 2,357, March 26, 2012.

From 1997 to 2008 she held several senior positions at the FTC, including advisor to former Commissioner Orson Swindle, Deputy Director of the FTC's Office of Policy Planning (OPP) starting in 2003, Director of the FTC's OPP from 2004 to 2008, and head of the FTC's Internet Task Force.

She briefly worked for the Business Software Alliance (BSA) in 2009. She then worked at the law firm of Wilkinson Barker & Knauer (WBK) as a partner in its privacy, data protection, and cybersecurity practice.

Gary Shapiro, head of the Consumer Electronics Association (CEA), praised the confirmation of both Commissioners. He stated in a release that Ohlhausen has a "wealth of knowledge regarding technology issues and an understanding of the need for open dialogue between government and industry".

Berin Szoka, head of the Tech Freedom, stated in a release that "this vote should have happened months ago."

He added that "It is particularly unfortunate that Ohlhausen's confirmation came just a week after the FTC issued a major report recommending new regulations to protect consumer privacy. Commissioner Rosch, the lone Republican on the Commission since October, issued a scathing dissent, warning that the Report "would install 'Big Brother” as the watchdog over [information collection] not only in the online world but in the offline world." Given the concerns Ohlhausen has expressed about FTC overreach, it seems likely she too would have strongly dissented from the FTC's expansive use of its unfairness authority."

Szoka also stated that "Such a voice of restraint has been completely absent on competition, where Commissioner Rosch has joined Chairman Leibowitz in going far beyond traditional antitrust laws to regulate competitive practices they consider ``unfair.΄΄ Before her nomination, Ohlhausen explained the dangers of this approach."

Nominations on the Senate Calendar

3/30. There are numerous pending nominations, that require Senate confirmation, that have been approved by the relevant committee, and that are on the Senate's executive calendar. The Senate has just begun a two week recess. Hence, none could be confirmed until Monday, April 16, 2012, at the earliest.

Jessica RosenworcelThere are two pending Federal Communications Commission (FCC) nominations: Ajit Pai to be an FCC Commissioner for a term of five years from July 1, 2011, and Jessica Rosenworcel (at right) to be an FCC Commissioner for a term of five years from July 1, 2010.

Pai has been nominated for the seat previously held by Meredith Baker, and Rosenworcel has been nominated for the seat previously held by Michael Copps. See, story titled "Obama Nominates Pai and Rosenworcel to Be FCC Commissioners" in TLJ Daily E-Mail Alert No. 2,309, November 3, 2011.

There are three pending nominations for the Board of Governors of the Federal Reserve System: Ben Bernanke, a reappointment as Chairman, Jeremy Stein, and Jerome Powell.

There are six nominations for U.S. Courts of Appeals pending on the Senate calendar: Jacqueline Nguyen, Paul Watford, and Andrew Hurwitz (9th Circuit), Patty Shwartz (3rd Circuit), Stephanie Thacker (4th Circuit), and Richard Taranto (Federal Circuit)

There are also many pending nominations for U.S. District Courts:

  • Kristine Baker (Eastern District of Arkansas).
  • Gregg Costa (Southern District of Texas).
  • David Campos Guaderrama (Western District of Texas).
  • Gershwin Drain (Eastern District of Michigan).
  • Jeffrey Helmick (Northern District of Ohio).
  • Timothy Hillman (District of Massachusetts).
  • John Lee (Northern District of Illinois).
  • Mary Lewis (District of South Carolina).
  • Robin Rosenbaum (Southern District of Florida).
  • George Russell (District of Maryland).
  • John Tharp (Northern District of Illinois).
  • Brian Wimes (Eastern and Western Districts of Missouri).
Sen. Hutchison Names Richard Russell SCC Minority Staff Director

3/29. Sen. Kay Hutchison (R-TX), the ranking Republican on the Senate Commerce Committee (SCC), named Richard Russell the Minority Staff Director of the SCC. He has been working for the SCC since November of 2011 as Republican Legislative Director. He will replace Todd Bertoson.

Russell worked for the House Science Committee from 1995 through 2001. He then worked in the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP) during the Bush administration. He was also U.S. Ambassador to the 2007 World Radiocommunication Conference (WRC) in Geneva, Switzerland.

Sen. Hutchison's Senate term ends at the end of the 112th Congress. She is not running for re-election in November. Sen. Jim DeMint (R-SC) is next in seniority among SCC Republicans. See, story titled "Senate Commerce and Judiciary Committees Face Turnover" in TLJ Daily E-Mail Alert No. 2,348, March 7, 2012.

More People and Appointments

3/30 The Senate confirmed Michael Horowitz to be the Department of Justice's (DOJ) Inspector General (IG). He previously worked for the law firm of Cadwalader Wickersham & Taft. See, story title "Obama Picks Michael Horowitz to Be DOJ Inspector General" in TLJ Daily E-Mail Alert No. 2,276, August 1, 2011. See also, DOJ release.

3/30. The Senate confirmed Kathryn Keneally to be the Department of Justice's (DOJ) Assistant Attorney General in change of the Tax Division. She previously worked for the law firm of Fulbright & Jaworski. See also, DOJ release.

3/29. President Obama nominated Patricia Falcone to be Associate Director for National Security and International Affairs in the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP). She is currently Assistant Director. Before that, she worked at the Sandia National Laboratories, in Albuquerque, New Mexico. If confirmed by the Senate, she would replace Philip Coyle. See, White House news office release and release.

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In This Issue
This issue contains the following items:
 • House Homeland Security Committee Approves IPAWS Bill
 • Rep. Baca and Rep. Wolf Introduce Bill to Unconstitutionally Mandate Warning Labels on Video Games
 • Global Payments Discloses Data Breach
 • More Cyber Security News
 • Senate Belatedly Confirms Ohlhausen
 • Nominations on the Senate Calendar
 • Sen. Hutchison Names Richard Russell SCC Minority Staff Director
 • More People and Appointments
Washington Tech Calendar
New items are highlighted in red.
Monday, April 2

The House will not meet on the week of Monday, April 2, through Friday, April 6, or on the week of Monday, April 9, through Friday, April 13, except for pro forma sessions.

The Senate will meet at 2:00 PM in pro forma session. The Senate will not meet on the week of Monday, April 2, through Friday, April 6, or on the week of Monday, April 9, through Friday, April 13, except for pro forma sessions.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in 1st Media v. Electronic Arts, App. Ct. No. 2011-1435. Panel B. Location: Courtroom 402.

12:00 NOON - 1:00 PM. The Internet Caucus will host an event titled "The White House's Proposal For A Framework for Protecting Privacy: Consumer Data Privacy in a Networked World". The speaker will be Daniel Weitzner (Deputy Chief Technology Officer for Internet Policy in the EOP's Office of Science and Technology Policy). Free. Register by contacting rsvp at netcaucus dot org or 202-407-8829. Lunch will be served. Location: Room HC-5, Capitol Building.

Day one of a two day event titled "The Privacy Law Salon -- Dialogue with Policymakers". On Monday, April 2, at 7:00 PM. Daniel Weitzner (Deputy Chief Technology Officer for Internet Policy in the EOP's Office of Science and Technology Policy) will give a speech. There will be a reception at 6:00 PM. Dinner will be served at 7:30 PM. The price to attend is $1,295. See, notice. Location: National Press Club, First Amendment Lounge, 13th Floor, 529 14th St.,  NW.

6:00 PM. Deadline to submit draft papers to the National Science Foundation (NSF) National Coordination Office (NCO) for Networking and Information Technology Research and Development (NITRD) for its June 11, 2012, event titled "National Symposium on Moving Target Research". The purpose of this symposium is to examine whether there is scientific evidence to show that moving target techniques are a substantial improvement in the defense of cyber systems. See, notice in the Federal Register, Vol. 77, No. 45, Wednesday, March 7, 2012, at Page 13656.

Deadline to submit requests to testify at any of the Copyright Office's (CO) hearings regarding its triennial review of exemptions to the anticircumvention provisions of 17 U.S.C. § 1201. These hearing will be on May 11 in Washington DC, May 17 and 18 in Los Angeles, and May 31, June1, and June 4-6 in Washington DC. See, notice in the Federal Register, Vol. 77, No. 51, Thursday, March 15, 2012, at Pages 15327-15329. Location: CO, Copyright Hearing Room, LM-408, James Madison Building, Library of Congress, 101 Independence Ave., SE.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) [339 pages in PDF] regarding it Lifeline and Link Up universal service tax and subsidy programs. The FCC adopted this FNPRM on January 31, 2012 and released the text on February 6, 2012. It is FCC 12-11 in WC Docket Nos. 11-42, 03-109, and 12-23, and CC Docket No. 96-45. See, notice in the Federal Register, Vol. 77, No. 42, Friday, March 2, 2012, at Pages 12784-12791.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to NextG Networks of California, Inc.'s December 21, 2011, Petition for Declaratory Ruling (part 1 and part 2) regarding whether it is a "commercial mobile radio service" or "CMRS" within the meaning of the FCC's rules. See, FCC's Wireless Telecommunications Bureau's (WTB) February 16, 2012 Public Notice (DA 12-202 in WT Docket No. 12-37). See also, notice in the Federal Register, Vol. 77, No. 39, Tuesday, February 28, 2012, at Pages 12055-12056. And see, NextG Networks web site.

Deadline to submit comments to the Office of Management and Budget (OMB) regarding the information collection burdens imposed by the Federal Communications Commission (FCC) in connection with implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010. See, notice in the Federal Register, Vol. 77, No. 42, Friday, March 2, 2012, at Pages 12837-12839.

EXTENDED FROM MARCH 26. 5:00 PM. Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) in response to its request for comments in its wide ranging private sector data privacy inquiry. The NTIA seeks comments regarding "substantive consumer data privacy issues that warrant the development of legally enforceable codes of conduct, as well as procedures to foster the development of these codes". See, original notice in the Federal Register, Vol. 77, No. 43, Monday, March 5, 2012, at Pages 13098-13101, and extension notice in the Federal Register, Vol. 77, No. 58, Monday, March 26, 2012, at Page 17460.

Tuesday, April 3

8:00 AM - 5:30 PM. Day two of a two day event titled "The Privacy Law Salon -- Dialogue with Policymakers". Senior federal government officials involved in privacy related regulation and policy making will meet with, and answer questions from, interested persons, for $1,295 per person. See, notice. Location: National Press Club, 13th Floor, 529 14th St., NW.
 • 8:00 AM. Breakfast.
 • 9:00 AM. There will be a panel titled "The Future of U.S. Privacy Law: The View from the Regulators". The speakers will be Lawrence Strickling (head of the NTIA), David Vladeck (Director of the FTC's Bureau of Consumer Protection), Julie Brill (FTC Commissioners), and Daniel Weitzner (Deputy Chief Technology Officer for Internet Policy in the EOP's Office of Science and Technology Policy).
 • 10:30 AM. There will be two concurrent panels, both titled "The Future of U.S. Privacy Laws". The speakers on one panel will be Strickling, Vladeck, Chris Olsen (FTC), Ivan Fong (DHS), Celeste Mattina (NLRB), Maya Bernstein (DHHS), Chris Wolf (Hogan Lovells), and Daniel Solove (GWU law school). The speakers on the other panel will be Weitzner, Brill, Peter Miller (FTC), Barry Kearney (NLRB), Chris Hoofnagle (UC Berkeley law school), and Paul Schwartz (UC Berkeley law school).
 • 12:00 NOON. Lunch.
 • 1:00 PM. There will be a panel titled "Hot Topics in Regulation and Policymaking". The speakers will be Olsen, Maya Bernstein, Mattina, William Kovacic (GWU law school), and John Morris (NTIA).
 • 2:30 PM. There will two concurrent panels. One is titled "Regulation Across Borders: Regulating Privacy in a Global Economy". The speakers will be Miller, Kovacic, Jodie Bernstein (Kelley Drye), Yael Weinman (FTC), Wolf, and Schwartz. The other panel is titled "The Future of Enforcement". The speakers will be Olsen, Mattina, Maya Bernstein, Morris, Solove, and Hoofnagle.
 • 4:15 PM. There will be two concurrent panels. One is titled "Regulation Across Borders: Regulating Privacy in a Global Economy". The speakers will be Maya Bernstein, Olsen, Jodie Bernstein, Morris, Wolf, and Schwartz. The other panel is titled "The Future of Enforcement". The speakers will be Miller, Kovacic, Mattina, Weinman, Solove, and Hoofnagle.

Day one of a three day conference and exhibition titled "Federal Office System Exposition" (FOSE). There will be numerous panels and workshops on April 3 and 4 pertaining to mobile government, cyber security, and cloud computing and virtualization. See, schedule. Location: Washington Convention Center, 801 Mt. Vernon Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Personalized Media Communications v. Scientific Atlanta, App. Ct. No. 2011-1466. Panel D+. Location: Courtroom 402.

1:00 - 2:00 PM. The law firm of Fulbright & Jaworski will host a webcast panel discussion titled "The Latest on the ADA: A Review of the Final Regulations on Their One-Year Anniversary and Recent Noteworthy Court Decisions". The speakers will be Laurie Vasichek (Equal Employment Opportunity Commission), Jennifer Mathis (Bazelon Center for Mental Health Law), Jeff Wray (F&J) and Barbara D'Aquila (F&J). CLE credits. See, notice and registration page.

3:00 - 5:00 PM. The DC Bar Association will host an event titled "International Trade Law & Policy Debate". The topics to be covered include US PRC relations. The speakers will be Gary Horlick (solo practice) and Paul Rosenthal (Kelley Drye & Warren). The price to attend ranges from $5 to $15. No CLE credits. See, notice. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. Location: U.S. International Trade Commission, 500 E St., SW.

Wednesday, April 4

Day two of a three day conference and exhibition titled "Federal Office System Exposition" (FOSE). There will be numerous panels and workshops on April 3 and 4 pertaining to mobile government, cyber security, and cloud computing and virtualization. See, schedule. Location: Washington Convention Center, 801 Mt. Vernon Place, NW.

9:00 AM - 4:30 PM. The Office of the U.S. Trade Representative's (OUSTR) Industry Trade Advisory Committee on Small and Minority Business (ITAC-11) will hold a partially closed meeting. The meeting will be open to the public from 9:00 - 10:30 AM. The committee will discuss the Small Business Administration (SBA) State Trade and Export Promotion Grants Process. See, notice in the Federal Register, Vol. 77, No. 47, Friday, March 9, 2012, at Page 14459. Location: Room 1412, Herbert C. Humphrey Building, 1401 Constitution Ave., NW.

10:00 AM. The Center for Democracy and Technology (CDT) will host an on site and teleconferenced event for reporters titled "Analysis of Cybersecurity Legislation". The speakers will include Leslie Harris and Greg Nojiem. The call in number is 877-643-6951; the participant code is 95 66 82 45#. A light breakfast will be served. Location: CDT, Suite 1100, 1634 I St., NW.

10:00 AM - 3:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Policy Committee will meet. See, notice in the Federal Register, Vol. 77, No. 52, Friday, March 16, 2012, at Pages 15760-15761. Location: Washington Marriott, 1221 22nd St., NW.

12:30 - 2:00 PM. The American Intellectual Property Law Association (AIPLA) will host a webcast presentation titled "ITC Proceedings and Beyond". The speakers will be James Altman (Foster Murphy Altman & Nickel) and Bert Reiser (Latham & Watkins). CLE credits. CD, MP4 download, archived webcast, and other formats available. Prices vary. See, registration page.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding the consent agreement in its administrative proceeding titled "In the Matter of Western Digital Corporation", regarding Western Digital's proposed acquisition of Viviti Technologies Ltd., formerly known as Hitachi Global Storage Technologies Ltd. See, notice in the Federal Register, Vol. 77, No. 48, Monday, March 12, 2012, at Pages 14523-14525. See also, Complaint, Decision and Order, and FTC web page with hyperlinks to other documents. This proceeding is FTC Docket No. C-4350.

Thursday, April 5

Day three of a three day conference and exhibition titled "Federal Office System Exposition" (FOSE). There will be numerous panels and workshops on April 3 and 4 pertaining to mobile government, cyber security, and cloud computing and virtualization. See, schedule. Location: Washington Convention Center, 801 Mt. Vernon Place, NW.

8:00 AM - 6:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Mathematical and Physical Sciences. See, notice in the Federal Register, Vol. 77, No. 53, Monday, March 19, 2012, at Page 16076, and forthcoming correction notice. Location: NSF, Room 1235, 4201 Wilson Boulevard, Arlington, VA.

9:00 AM - 5:15 PM. Day one of a two day meeting of the Department of Commerce's (DOC) Science Advisory Board (SAB). See, notice in the Federal Register, Vol. 77, No. 53, Monday, March 19, 2012, at Pages 15996-15997. Location: Washington Plaza Hotel, 10 Thomas Circle, NW.

9:00 AM - 6:00 PM. Day one of a two day meeting to the National Science Foundation's (NSF) Advisory Committee for Mathematical and Physical Sciences, the scope of which includes computer science. See, notice in the Federal Register, Vol. 77, No. 57, Friday, March 23, 2012, at Page 17102. Location: Room 1235, NSF, 4201 Wilson Boulevard, Arlington, VA.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Picture Patents v. Aeropostale, App. Ct. No. 2011-1558. Panel J. Location: Courtroom 203.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Consumer and Governmental Affairs Bureau (CGAB) regarding whether certain docketed FCC proceedings should be terminated as dormant. See, February 15, 2012, Public Notice (DA 12-220 in CG Docket No. 12-39), and notice in the Federal Register, Vol. 77, No. 44, Tuesday, March 6, 2012, at Pages 13322-13323.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding jurisdictional separations, the process by which incumbent local exchange carriers (ILECs) apportion regulated costs between the intrastate and interstate jurisdictions. The FCC once again proposes to extend the current freeze, through June 30, 2014. This item is FCC 12-27 in CC Docket No. 80-286. See, notice in the Federal Register, Vol. 77, No. 56, Thursday, March 22, 2012, at Pages 16900-16902.

Friday, April 6

Good Friday.

Passover begins at sundown.

8:00 AM - 3:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Mathematical and Physical Sciences. See, notice in the Federal Register, Vol. 77, No. 53, Monday, March 19, 2012, at Page 16076, and forthcoming correction notice. Location: NSF, Room 1235, 4201 Wilson Boulevard, Arlington, VA.

9:00 AM - 3:00 PM. Day two of a two day meeting to the National Science Foundation's (NSF) Advisory Committee for Mathematical and Physical Sciences, the scope of which includes computer science. See, notice in the Federal Register, Vol. 77, No. 57, Friday, March 23, 2012, at Page 17102. Location: Room 1235, NSF, 4201 Wilson Boulevard, Arlington, VA.

9:15 AM - 2:30 PM. Day two of a two day meeting of the Department of Commerce's (DOC) Science Advisory Board (SAB). See, notice in the Federal Register, Vol. 77, No. 53, Monday, March 19, 2012, at Pages 15996-15997. Location: Washington Plaza Hotel, 10 Thomas Circle, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Wi-Lan v. LG Electronics, App. Ct. No. 2011-1626. Panel K. Location: Courtroom 201.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Apple v. Samsung, App. Ct. No. 2011-1105. Panel L. Location: Courtroom 402.

10:00 AM - 12:00 PM. The Center for Strategic and International Studies (CSIS) will host an event titled "A Conversation with Six Former USTRs: Taking Stock and Assessing Priorities for the 2012 Trade Agenda". The speakers will be Susan Schwab, Charlene Barshefsky, Michael Kantor, Carla Hills, Clayton Yeutter, and William Brock. See, notice. Location: CSIS, 1800 K St.,  NW.

5:00 PM. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding (1) potential revocation of competitive need limitations (CNL) waivers, (2) possible de minimis CNL waivers, and (3) possible redesignations of articles currently not eligible for GSP benefits because they previously exceeded the CNL thresholds. See, notice in the Federal Register, Vol. 77, No. 52, Friday, March 16, 2012, at Pages 15839-15841.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-53 Rev. 4 [375 pages in PDF], titled "Security and Privacy Controls for Federal Information Systems and Organizations".

Sunday, April 8

Easter.

Monday, April 9

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its request for comments regarding its practice guide for the proposed trial rules to advise the public on the general framework of the proposed regulations, including the structure and times for taking action in each of the new proceedings. See, notice in the Federal Register, Vol. 77, No. 27, Thursday, February 9, 2012, at Pages 6868-6879.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice of proposed rulemaking regarding rules of practice to implement the provisions of the Leahy Smith America Invents Act that provide for trials before the Patent Trial and Appeal Board (PTAB). See, notice in the Federal Register, Vol. 77, No. 27, Thursday, February 9, 2012, at Pages 6879-6914.