Tech Law Journal Daily E-Mail Alert
Tuesday, April 17, 2012, Alert No. 2,373.
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House Committees to Mark Up Cyber Security Bills

4/16. The House Homeland Security Committee (HHSC) announced that it will mark up HR 3674 [LOC | WW], the "Promoting and Enhancing Cybersecurity and Information Sharing Effectiveness Act of 2011" or "PRECISE Act", on Wednesday, April 18, 2012, at 10:00 AM.

Rep. Dan Lungren (R-CA), the sponsor of the bill, will offer an amendment in the nature of a substitute [34 pages in PDF].

The House Oversight and Government Reform Committee (HOGRC) announced that it will meet to mark up HR 4257 [LOC | WW], the "Federal Information Security Amendments Act of 2012", on April 18 at 10:00 AM.

Rep. Darrell Issa (R-CA), the sponsor, will offer an amendment in the nature of a substitute [26 pages in PDF].

The full House has not yet announced a date for consideration of HR 3523 [LOC | WW], the "Cyber Intelligence Sharing and Protection Act of 2011" or "CISPA". The House Intelligence Committee (HIC) approved it on November 30, 2011.

See, story titled "Representatives Introduce Cyber Threat Information Sharing Bill" in TLJ Daily E-Mail Alert No. 2,316, November 30, 2011, and story titled "Update on CISPA and Related Bills" in TLJ Daily E-Mail Alert No. 2,367, April 10, 2012.

Several groups, including the Center for Democracy and Technology (CDT), Electronic Frontier Foundation (EFF) and Free Press are encouraging their members and supporters to contact their Representatives to express opposition to the CISPA.

Greg Nojeim of the CDT stated in a release that his group's "main concerns with CISPA are that it has an almost unlimited description of the information that can be shared with the government; it allows for a large flow of private communications directly to the NSA, an agency with little accountability; and it lacks meaningful use restrictions – it should be made clear that information shared for cybersecurity should be used for cybersecurity purposes, not unrelated national security purposes or criminal investigations".

The CDT release also states that "the PRECISE Act ... has information sharing language that offers a better alternative to CISPA, balancing cybersecurity, industry, and civil liberties concerns."

The EFF stated in a release the the CISPA would "let companies like Google, Facebook, and AT&T snoop on our communications and hand sensitive user data to the government without a court order. Promoted under the guise of protecting America from cybersecurity attacks, the truth is that this legislation would carve out shockingly large exceptions to the bedrock privacy rights of Internet users."

The Free Press stated in a release packed with emotional exaggeration that  the CISPA "could lead all too easily to governmental and corporate violations of our privacy and attacks on our right to speak freely via the Internet".

The Business Software Alliance (BSA) stated in a release that its representatives met with representatives of the CDT on April 16 to discuss cyber security legislation.

Robert Holleyman, head of the BSA, stated that "All of us agree legislation is needed to promote the safety and security of the Internet, and all of us agree it is important to protect privacy".

Regarding the CISPA, he said that "We agreed that the definition of what constitutes cyber threat information could benefit from sharpening. We also discussed clarifying limitations on how threat information will be handled and used by government. We agreed that ideas proposed by Rep. Dan Lungren in recent drafts of his PRECISE Act could be adapted to address civil liberties concerns that CDT and others have raised."

RIAA, NMPA and DMA Announce Settlement in CRB Rate Proceeding

4/11. The Recording Industry Association of America (RIAA), National Music Publishers Association (NMPA) and Digital Media Association (DMA) announced that they have negotiated an agreement to be filed with the Copyright Royalty Board (CRB) in settlement of the CRB's rate proceeding under Section 115 of the Copyright Act.

These groups stated that this agreement creates five new categories, including paid locker services and purchased content lockers, and sets rates and terms. See, RIAA release and substantially similar DMA release and NMPA release.

They stated that "The 25-page proposed agreement will be submitted to the CRB by the various parties and resolves the pending mechanical royalty rate proceedings without litigation.  The agreement covers 2013-2017 and must be formally be approved by the CRB.  It establishes a royalty rate category for these new business models and rolls forward, with limited changes, all existing rates and terms for CDs and downloads."

FCC Will Take No Enforcement Action Against Google for WiFi Surveillance

4/13. The Federal Communications Commission's (FCC) Enforcement Bureau (EB) released a heavily redacted Notice of Apparent Liability for Forfeiture [25 pages in PDF] that announces that the FCC "will not take enforcement action" against Google for its Wi-Fi surveillance activities.

However, the FCC fined Google $25,000 for violating FCC orders to produce information for its investigation into Google's Wi-Fi Surveillance activities. The fine is insignificant for Google, a company with a market capitalization on the close of the NASDAQ on April 16 of over $197 Billion. See, Google Finance web page for Google.

The FCC's determination that Google "willfully and repeatedly violated Commission orders to produce certain information and documents that the Commission required for its investigation" is slightly damaging to Google's reputation.

The Notice also discloses that a key Google witness refused to answer questions, invoking his 5th Amendment rights. Moreover, this Notice states that this was a reason for not taking enforcement action against Google.

Genachowski Picks Gary Epstein for FCC Incentive Auctions Task Force

4/16. Federal Communications Commission (FCC) Chairman Julius Genachowski announced in a speech at the NAB Show in Las Vegas that Gary Epstein "will be joining Ruth Milkman in leading" the FCC incentive auctions task force. See also, FCC release.

See also, story titled "Genachowski Forms Incentive Auction Task Force at FCC" in TLJ Daily E-Mail Alert No. 2,353, March 22, 2012.

Epstein was Chief of the FCC's Common Carrier Bureau from 1981 to 1983. He was a long time partner in the Washington DC office of the law firm of Latham & Watkins, and Chair of its Communications Practice Group. He retired in 2009.

Genachowski said that Epstein is "one of the country's top experts on media and communications law and policy, with decades of experience with broadcasting, wireless and auctions".

He also stated that the FCC "will be assisted by world-leading experts, including some of the world’s most distinguished auction-design experts. This group includes Paul Milgrom, winner of the prestigious Nemmers Prize, as well as Jon Levin, winner of the John Bates Clark medal for the nation’s top economist under 40." See also, story titled "FCC Names Incentive Auction Consultants" in TLJ Daily E-Mail Alert No. 2,358, March 27, 2012.

The FCC Chairman also said that "The work of our Task Force and staff will feed into a robust public process, which will include webinars, workshops, public notices, and rulemaking proceedings."

Barnett to Leave FCC

4/17. James Barnett, Chief of the Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) will leave the FCC at the end of April. See, FCC release.

He will return to the Potomac Institute for Policy Studies.

The FCC has not yet announced a replacement. David Furth, the Deputy Chief of the FCC's PSHSB, will be the acting Chief.

Barnett has overseen the FCC's proceedings regarding location surveillance mandates for wireless devices, expanding the FCC's outage reporting mandates to cover interconnected voice over internet protocol (VOIP) service providers and broadband internet access service (BIAS) providers, and reliability and resiliency of communications networks.

He also created the PSHSB's Cybersecurity and Communications Reliability Division, which was involved with service providers in developing "recommendations for voluntary action by Internet service providers (ISPs) to combat three major cyber security threats, including botnets, attacks on the Domain Name System (DNS), and Internet route hijacking". See, story titled "FCC CSRIC Makes Recommendations Regarding ISP Cyber Security" in TLJ Daily E-Mail Alert No. 2,355, March 24, 2012.

More People and Appointments

4/16. The Senate confirmed Stephanie Thacker to be a Judge of the U.S. Court of Appeals (4thCir) by a vote of 91-3. See, Roll Call No. 64.

4/16. Rep. Edolphus Towns (D-NY), a senior member of the House Commerce Committee (HCC), announced that he will not run for re-election in November. See, Rep. Towns' statement and President Obama's statement.

4/16. President Obama again nominated Patricia Wald to be a Member of the Privacy and Civil Liberties Oversight Board for a term expiring January 29, 2019. See, White House news office release. The Senate Judiciary Committee (SJC) will hold a hearing on all five nominees on April 18. The other four are James Dempsey (CDT), Elisebeth Cook, Rachel Brand, and David Medine.

4/11. The Motion Picture Association of America (MPAA) announced changes to its legal team. Linda Kinney was named SVP and Associate General Counsel in the MPAA's Washington office. She has worked at the MPAA for two years. Before that, she was VP of Law and Regulation for DISH Network. Before that, she held positions at the FCC, including Deputy General Counsel and Legal Advisor to former Commissioner Susan Ness. Dan Robbins was named SVP and Associate General Counsel in the MPAA’s Los Angeles (LA) office. He has worked for the MPAA for 16 years. Karen Thorland was named SVP and Global Content Protection Counsel, in the LA office, responsible for overseeing worldwide content protection litigation. She has worked for the MPAA for two years. Kelly McMahon was named VP and Corporate Counsel, in the LA office. Ben Sheffner was namd VP, Legal Affairs, and will relocate from LA to Washington DC. Sheffner will report to Kinney. Thorland and McMahon will report to Robbins. Last fall the MPAA named Henry Hoberman Senior Executive Vice President and Global General Counsel to oversee all legal, content enforcement and rights management programs within the MPAA. See, MPAA release.

More News

4/16. The House Commerce Committee (HCC) reported HR 3310 [LOC | WW], the "Federal Communications Commission Consolidated Reporting Act of 2012". Rep. Steve Scalise (R-LA) introduced this bill on November 2, 2011. The HCC amended and approved it on March 6, 2012. The HCC marked this bill up at the same meeting that it marked up the larger and more partisan HR 3309 [LOC | WW], the "Federal Communications Commission Process Reform Act of 2011". The full House amended and passed HR 3309 on March 27, 2012. HR 3310 is a shorter bill with broader support that would consolidate eight separate reports on the communications marketplace into a single report, eliminate several reporting requirements, and make modifications to reporting requirements. See, story titled "House Commerce Committee Approves FCC Reform Bills" in TLJ Daily E-Mail Alert No. 2,346, March 5, 2012.

4/16. The Government Accountability Office (GAO) released a report [70 pages in PDF] titled "Information Technology: FDA Needs to Fully Implement Key Management Practices to Lessen Modernization Risks".

4/15. The US and Columbia announced that their free trade agreement (FTA) will go into effect on May 15, 2012. See especially, this FTA's sections regarding telecommunications, e-commerce and intellectual property. See also, OUSTR release and Sen. Max Baucus's (D-MT) release.

4/12. The Motion Picture Association of America (MPAA) announced in a release a joint effort of the online video industry in the People's Republic of China (PRC) and representatives of foreign governments and industry groups to promote respect for intellectual property in videos.

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In This Issue
This issue contains the following items:
 • House Committees to Mark Up Cyber Security Bills
 • RIAA, NMPA and DMA Announce Settlement in CRB Rate Proceeding
 • FCC Will Take No Enforcement Action Against Google for WiFi Surveillance
 • Genachowski Picks Gary Epstein for FCC Incentive Auctions Task Force
 • Barnett to Leave FCC
 • More People and Appointments
 • More News
Washington Tech Calendar
New items are highlighted in red.
Tuesday, April 17

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House will consider non-technology related items. See, Rep. Cantor's schedule for the week.

The Senate will meet at 10:00 AM. It will reconsider the motion to invoke cloture on the motion to proceed to S 1789 [LOC | WW], a post office reform bill.

8:00 - 10:00 AM. The Broadband Census News LLC will host a panel discussion titled "Social Networking, the End of Media and Future of Privacy". The speakers will be Julie Brill (FTC Commissioner), Bruce Gottlieb (General Counsel of Atlantic Media Company), Sarah Hudgins (Interactive Advertising Bureau), Jules Polonetsky (Future of Privacy Forum), and Drew Clark (moderator). 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 Comcast, Google, ICF Intl., Intel, NCTA TIA, and US Telecom. Location: Clyde's of Gallery Place, 707 7th St., NW.

8:30 AM - 3:30 PM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC) will hold an open meeting. The agenda for this meeting includes a discussion of "Nanotechnology--Nanocoated Materials". See, notice in the Federal Register, Vol. 77, No. 62, Friday, March 30, 2012, at Page 19179. Nanocoating has many applications in ICT, including protecting electronics devices from moisture caused corrosion, producing flat panel displays, and adding antireflection coating to optical products. Location: Room 3884, DOC Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and telecast panel discussion titled "The New World of Licensing Songs and Sound Recordings". The speakers will be Jeff Brabec (BMG Chrysalis), Todd Brabec, Henny Root (Lapidus Root). Prices vary. CLE credits. See, notice.

1:30 - 4:30 PM. The Department of Homeland Security's (DHS) National Infrastructure Advisory Council (NIAC) will meet. See, notice in the Federal Register, Vol. 77, No. 62, Friday, March 30, 2012, at Pages 19300-19301. Location: 1310 N. Courthouse Road, Suite 300, Arlington, VA.

2:30 PM. The Senate Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, and Science will meet to mark up the FY 2013 CJS appropriations bill. See, notice. Location: Room 192, Dirksen Building.

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

6:00 - 9:15 PM. The DC Bar Association will host the first part of a two part program titled "Preserving Intellectual Property Rights in Gov't Contracts". This first part is subtitled "A Beginner's Guide". The speakers will be David Bloch (Winston & Strawn), Richard Gray (Department of Defense), John Lucas (Department of Energy), and James McEwen (Stein McEwen). The price to attend this part ranges from $89 to $129. CLE credits. See, notice. For more information, call 202-626-3488. The DC Bar has a history of barring reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.

Wednesday, April 18

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House will consider non-technology related items. See, Rep. Cantor's schedule for the week.

9:00 AM - 3:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Standards Committee will meet. See, notice in the Federal Register, Vol. 77, No. 52, Friday, March 16, 2012, at Page 15760. Location: Renaissance Hotel, 999 9th St., NW.

10:00 AM. The House Homeland Security Committee (HHSC) will meet to mark up HR 3674 [LOC | WW], the "Promoting and Enhancing Cybersecurity and Information Sharing Effectiveness Act of 2011" or "PRECISE Act". See, amendment in the nature of a substitute [34 pages in PDF] to be offered by Rep. Dan Lungren (R-CA). See also, notice. Location: Room 311, Cannon Building.

10:00 AM. The House Oversight and Government Reform Committee (HOGRC) will meet to mark up several bills, including HR 4257 [LOC | WW], the "Federal Information Security Amendments Act of 2012". See, amendment in the nature of a substitute [26 pages in PDF] to be offered by Rep. Darrell Issa (R-CA). Location: Room 2154, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Nominations to the Privacy and Civil Liberties Oversight Board". The witnesses will be the five nominees: James Dempsey (CDT), Elisebeth Cook, Rachel Brand, David Medine, and Patricia Wald. See, notice. See also, story titled "Obama to Nominate Dempsey and Cook to Privacy and Civil Liberties Oversight Board" in TLJ Daily E-Mail Alert No. 2,181, December 17, 2010, and August 25, 2001 letter of the ACLU, EPIC and others. The SJC will webcast this hearing. Location: Room 226, Dirksen Building.

11:15 AM. The House Judiciary Committee's (HJC) Subcommittee on Immigration Policy and Enforcement will hold a hearing titled "Document Fraud in Employment Authorization: How an E-Verify Requirement Can Help". The witnesses will include Waldemar Rodriguez (U.S. Immigration and Customs Enforcement). See, HJC notice. See also, story titled "Rep. Lamar Smith Seeks Passage of E-Verify Bill" in TLJ Daily E-Mail Alert No. 2,337, February 15, 2012. Location: Room 2141, Rayburn Building.

12:00 NOON - 1:15 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Internet Platform Competition and Market Convergence". The speakers will be Richard Bennett (ITIF), Anna-Marie Kovacs (Georgetown University), and Jonathan Sallet (O'Melveny & Myers). Location: Room B-318, Rayburn Building.

12:30 - 2:00 PM. The American Intellectual Property Law Association (AIPLA) will host a webcast presentation titled "Are You the Weakest Link?  Making Certain that In-House and Outside Counsel Protect Their Client’s Trade Secrets". The speakers will be Mark Halligan (Nixon Peabody) and Janet Craycroft (Intel Corporation). CLE credits. CD, MP4 download, archived webcast, and other formats available. Prices vary. See, registration page.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a audio webcast and telecast panel discussion titled "Remote Sales Tax and Nexus Issues: The Latest on Taxation of Internet Sales". The speakers will be Edward Bernert (Baker & Hostetler), George Isaacson (Brann & Isaacson), and Bruce Johnson (Utah State Tax Commission). Prices vary. CLE credits. See, notice.

2:00 PM. The House Science Committee's (HSC) Subcommittee on on Technology and Innovation will hold a hearing titled "Avoiding the Spectrum Crunch: Growing the Wireless Economy through Innovation". The witnesses will be Richard Bennett (Information Technology and Innovation Foundation), Mary Brown ( Cisco Systems), Christopher McCabe (CTIA), Rangam Subramanian (Idaho National Laboratory), and James Olthoff (NIST). The HSC will webcast this event. See, notice. Location: Room 2318, Rayburn Building.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Transportation Security will hold a hearing titled "Building Secure Partnerships in Travel, Commerce, and Trade with the Asia-Pacific Region". The witnesses will include Mark Koumans (DHS) and John Halinkski (DHS/TSA). See, notice. Location: Room 311, Cannon Building.

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

3:30 - 5:00 PM. The Federal Communications Commission (FCC) will hold an event titled "Inside the FCC: Tips on Effective Written Advocacy from FCC Staff". For more information, contact Brendan Carr (Wiley Rein) at bcarr at wileyrein dot com or Justin Faulb (Lampert O'Connor & Johnson) at faulb at lojlaw dot com. The FCBA states that this is an event of its Young Lawyers Committee. Location: FCC, Commission Meeting Room, 445 12th St., SW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) that seeks comment regarding whether to fund Rural Health Care Pilot Program participants who will exhaust funding allocated to them before or during funding year 2012 (July 1, 2012 - June 30, 2013). The FCC's Wireline Competition Bureau (WCB) released this PN on February 27, 2012. It is DA 12-273 in WC Docket No. 02-60. See, notice in the Federal Register, Vol. 77, No. 47, Friday, March 9, 2012, at Pages 14364-14366.

Thursday, April 19

The House will meet at 9:00 AM for legislative business. The House will consider non-technology related items. See, Rep. Cantor's schedule for the week.

8:30 AM - 1:30 PM. The Technology Policy Institute (TPI), Information Technology and Innovation Foundation (ITIF) and Silicon Flatirons will host an event titled "The Innovation Consensus: Economic Growth in 2013 and Beyond". The speakers will include Sen. Chris Coons (D-DE), Sen. Jerry Moran (R-KS), Sen. Mark Warner (D-VA), Rep. Kevin Brady (R-TX), and Rep. Ron Kind (D-WI). See, TPI notice and ITIF notice. Location: Kaiser Family Foundation, 1330 G St., NW.

9:00 AM. The House Intelligence Committee (HIC) will hold a hearing titled "Ongoing Intelligence Activities". See, notice. Location: __.

9:30 AM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, Science, and Related Agencies will meet to mark up the FY 2013 CJS appropriations bill. See, notice. There will be no webcast. Location: Room H-140, Capitol Building.

10:00 AM. The House Ways and Means Committee's (HWMC) Subcommittee on Human Resources will hold a hearing titled "Use of Technology to Better Target Benefits and Eliminate Waste, Fraud, and Abuse". Location: Room 1100, Longworth Building.

10:00 AM. The House Oversight and Government Reform Committee (HOGRC) will hold a hearing titled "Problems at the Internal Revenue Service: Closing the Tax Gap and Preventing Identity Theft". See, notice. Location: Room 2154, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of the nominations of William Kayatta to be a Judge of the U.S. Court of Appeals (1stCir), John Fowlkes (USDC/WDTenn), Kevin McNulty (USDC/DNJ), Michael Shipp (USDC/DNJ), and Stephanie Rose (USDC/SDIowa). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing, and Trade will hold a hearing titled "Where the Jobs Are: Can American Manufacturing Thrive Again?". The witness will be Secretary of Commerce John Bryson. See, notice. Location: Room 2123, Rayburn Building.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Committee will host an event titled "A Panel Discussion on the Verizon/Spectrum Co. and Verizon/Cox Transactions". The price to attend is $17. Registrations and cancellations are due by 12:00 NOON on April 17. Location: Wiley Rein, 1776 K St., NW.

4:00 - 5:00 PM. Proponents of state control or regulation of alcohol sales will host a news briefing titled "The Dangers of an Uncontrolled Marketplace". For more information, contact Elizabeth Armstrong at 202-371-9792 or elizabeth dot armstrong at wswa dot org. Location: Holeman Lounge, National Press Club, 13th Floor, 529 14th St. NW.

4:30 - 6:30 PM. The American Enterprise Institute (AEI) and Federalist Society (FS) will host a discussion of the book [Amazon] titled "Taming Globalization: International Law, the U.S. Constitution and the New World Order". The speakers will be the co-authors, Julian Ku (Hofstra University School of Law) and John Yoo (UC Berkeley School of Law), as well as Martin Flaherty (Fordham University School of Law), Jeremy Rabkin (George Mason University School of Law), and Jennifer Rubin (Commentary Magazine). See, notice. Location: AEI, 12th Floor, 1150 17th St., NW.

Friday, April 20

Rep. Cantor's schedule for the week states that "no votes are expected in the House".

12:15 - 1:45 PM. The New America Foundation (NAF) will host a panel discussion by proponents of increasing regulatory burdens on broadcasters to disclose information. The speakers will be Michael Calabrese (NAF), Steven Waldman (Columbia Journalism School), Corie Wright (Free Press), Harold Feld (Public Knowledge), and Kathy Kiely (Sunlight Foundation). Waldman previously worked at the Genachowski FCC, where he wrote, among other things, the FCC report titled "Information Needs of Communities". Location: NAF, Suite 400, 1899 L St., NW.

12:15 - 1:30 PM. The DC Bar Association will host a program titled "Fundamentals of Cross-Border Mergers and Acquisitions". The speakers will be Daniel Fisher (Akin Gump), John Vasily (Debevoise & Plimpton), and Andrew Brady (Skadden Arps). Prices vary. 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: DC Bar Conference Center, 1101 K St., NW.

1:00 - 5:00 PM. The Public Knowledge (PK) will host an event related to Open Source Hardware". There will be two panels, and a technology exposition. Location: Room 2168 (Gold Room), Rayburn Building.

Deadline to submit reply 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 comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR 7511 Rev. 3.01.165 [47 pages in PDF] titled "Security Content Automation Protocol (SCAP) Version 1.0 Validation Program Test Requirements".

Monday, April 23

8:30 AM - 12:30 PM. The Federal Communications Commission's (FCC) Technical Advisory Board for First Responder Interoperability will meet. Title VI of HR 3630 [LOC | WW], the spectrum bill enacted into law in February, provided for the creation of this board. See, notice. Location: FCC, 445 12th St., SW.

1:00 PM. TIME. The American Bar Association (ABA) will host a webcast panel discussion titled "Hot Legal Issues In Online Affiliate Marketing". The speakers will be Thomas Cohn (LeClair Ryan), Elizabeth Tucci (Federal Trade Commission), Mark Campbell (State of Florida), and Adam Solomon (Olshan Grundman). Prices vary. CLE credits. See, notice.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [14 pages in PDF] regarding allowing Economic Area (EA) based 800 MHz Specialized Mobile Radio (SMR) licensees to exceed a channel spacing and bandwidth limitation. The FCC adopted this NPRM on March 7, 2012, and released the text on March 9. It is FCC 12-25 in WT Docket No. 12-64; WT Docket No. 11-110. See, notice in the Federal Register, Vol. 77, No. 61, Thursday, March 29, 2012, at Pages 18991-18996.

Tuesday, April 24

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Oversight, Investigations, and Management will hold a hearing titled "America is Under Cyber Attack: Why Urgent Action is Needed". See, notice. Location: Room 311, Cannon Building.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a presentation titled "Market Structure, Regulation and Mobile Network Penetration". The speaker will be Yan Li (University of East Anglia) co-author of a paper 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.

2:00 - 3:30 PM. The American Bar Association (ABA) will host a webcast and telecast panel discussion titled "Should I Sue? The Perils of Litigation in the Age of Anonymous". This panel will address hacking attacks launched in retaliation for the filing of lawsuits. The speakers will be Tanya Forsheit (InfoLawGroup), Marcia Hofmann (Electronic Frontier Foundation), Steven Teppler (Edelson McGuire), and Gib Sorebo (SAIC). Prices vary. CLE credits. See, notice.

3:00 - 4:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Resolved: U.S. Ex-Im Bank Financing is a Vital Component of U.S. Competitiveness". The speakers will be Robert Atkinson (ITIF), Sallie James (Cato Institute), Andrew Roth (Club for Growth), and Loren Thompson (Lexington Institute). See, notice. Location: Congressional Auditorium, Capitol Visitor Center.

6:00 - 8:15 PM. Federal Communications Bar Association's (FCBA) Transactional Committee will host an event titled "New Developments in Merger Analysis and their Implications in FCC Merger Review". CLE credits. Prices Vary. Registrations and cancellations due by 12:00 NOON on Monday, April 23. See, notice. Location: __.

6:00 - 9:15 PM. The DC Bar Association will host the second part of a two part program titled "Preserving Intellectual Property Rights in Government Contracts". The speakers will be David Bloch (Winston & Strawn), Richard Gray (Department of Defense), John Lucas (Department of Energy), and James McEwen (Stein McEwen). The price to attend this part ranges from $89 to $129. CLE credits. See, notice. For more information, call 202-626-3488. The DC Bar has a history of barring reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.

TIME? The Consumer Electronics Association (CEA) will host an event titled "CES on the Hill". See, notice. Location: Room B-357, Rayburn Building.