4/18. Verizon Wireless (VW) announced in a release that it "plans to conduct an open sale process for all of its 700 MHz A and B spectrum licenses in order to rationalize its spectrum holdings. The licenses cover dozens of major cities across the country, as well as a number of smaller and rural markets."

VW stated that it "obtained the 700 MHz A and B licenses, as well as nationwide 700 MHz upper C licenses (with the exception of Alaska which has since been acquired), in FCC Auction 73 in 2008." (Parentheses in original.) See, story titled "FCC Releases Details of 700 MHz Auction" in TLJ Daily E-Mail Alert No. 1,735, March 24, 2008.

It added that it "is deploying its 4G LTE network, which currently covers more than 200 million people, on its nationwide 700 MHz upper C spectrum. If Verizon Wireless is successful in acquiring additional AWS (Advanced Wireless Services) spectrum licenses, it will use AWS spectrum in conjunction with its 700 MHz upper C band spectrum to deploy additional LTE capacity." (Parentheses in original.)

"Accordingly, the sale of the A and B licenses is contingent on the close of Verizon Wireless’ pending purchases of AWS licenses from SpectrumCo (an entity jointly owned by Comcast, Time Warner Cable, and Bright House Networks), Cox and Leap Wireless. These transactions are at varying stages of review by the Federal Communications Commission (FCC) and the Department of Justice (DOJ) and are expected to close by mid-summer." (Parentheses in original.)

Dennis Wharton, EVP of the National Association of Broadcasters (NAB), stated in a release that "Today's proposal by Verizon to sell reallocated broadcast TV spectrum involves airwaves in the largest urban markets in America that it purchased more than four years ago. The fact that it has warehoused this 'beachfront property' raises the fundamental question of whether a spectrum shortage actually exists. Rather than simply take at face value the specious claims of wireless broadband providers, policymakers should heed the words of Martin Cooper, the inventor of the cellphone, who disputes the notion of a spectrum crisis."

Harold Feld of the Public Knowledge (PK) stated in a release that "There is less than meets the eye to Verizon's spectrum sale. At the end of the day, Verizon and the cable companies will still have created a cartel in which Verizon will rule the air for wireless broadband and cable will offer the only widespread true high-speed landline Internet services."

Feld also asserted that "Verizon is trying to use the mere offer of a spectrum sale tempt the FCC and the Justice Department into approving the deal with the cable companies, and the agencies should resist the temptation. Recent history of such spectrum sell-offs shows that when Verizon and AT&T sell off spectrum, it's Verizon who buys AT&T's, and vice versa."

Derek Turner of the Free Press stated in a release that "Until today's announcement, Verizon denied that it was hoarding spectrum. This sale demonstrates that Verizon has in fact warehoused spectrum and the company will likely profit handsomely from this spectrum speculation strategy."

Turner added that "The undeniable truth is a disproportionate amount of the country's most valuable spectrum is concentrated in the hands of Verizon and AT&T, who enjoy market shares that dwarf other sectors of the American economy."

4/18. The Internet Advertising Bureau (IAB) released a report [29 pages in PDF], prepared for it by Price Waterhouse Coopers (PWC), titled "IAB Internet Advertising Revenue Report".

It states that internet advertising revenues in the US "totaled $31.7 billion for the full year of 2011, with Q3 2011 accounting for approximately $7.8 billion and Q4 2011 totaling approximately $9.0 billion. Internet advertising revenues for the full year of 2011 increased 22 percent over 2010."

It also states that "Mobile advertising in the US totaled $1.60 billion during the full year 2011, a 149% increase from the prior year total of $0.64 billion."

David Silverman of PWC stated in this report that "The year 2011 saw mobile advertising become a meaningful category. By combining some of the best features of the internet, along with portability and location-based technology, mobile advertising is enabling marketers to deliver timely, targeted, relevant, and local advertisements in a manner that was not previously possible. It is for these reasons that we expect strong growth to continue with mobile advertising."

Randall Rothenberg, head of the IAB, stated in a release that "With the proliferation of smartphones and tablets, it is likely that the tremendous growth in mobile will continue as these screens become even more crucial to the marketing mix".

The report also states that "Search remains the largest online advertising revenue format, accounting for 46.5% of 2011 revenues, up from 44.8% in 2010. In 2011, Search revenues totaled $14.8 billion, up almost 27% from $11.7 billion in 2010."

It also states that "Display-related advertising revenues totaled $11.1 billion or 34.8% percent of 2011 revenues, up 15% from the $9.6 billion in 2010. Display-related advertising includes Display Banner Ad (21.5% of 2011 revenues, or $6.8 billion), Rich Media (4.1%, or $1.3 billion), Digital Video (5.7%, or $1.8 billion), and Sponsorship (3.5%, or $1.1 billion)."

The report also measures advertiser categories. Retail is the largest. The next five are financial services, telecom, auto, computing products, and leisure and travel.

The report also states that in 2011 internet advertising ($31.7 Billion) surpassed cable TV advertising ($30.0 Billion), but is still behind broadcast TV advertising ($38.5 Billion). Newspaper advertising ($20.7 Billion) continues to decline. It is at half its level of five years ago.

4/18. The Senate Judiciary Committee (SJC) held a hearing on the five nominees to the Privacy and Civil Liberties Oversight Board (PCLOB).

The five nominees -- James Dempsey, David Medine, Patricia Wald, Elisebeth Cook, Rachel Brand -- appeared as witnesses. They submitted no written statements, and made no opening statements.

Three of the nominees are notable for their lack of experience with information or communications technologies, or in legal fields involving privacy or surveillance. Two of the nominees would bring significant expertise and experience to the PCLOB. Dempsey has vast experience, particularly with respect to electronic surveillance issues. Medine also has much experience in privacy related matters. Although, his experience relates to the impact of business practices on consumers' privacy, and particularly financial privacy, rather that the impact of government surveillance and data collection on citizens' privacy, which is the work of the PCLOB.

The two Republican nominees, Cook and Brand, are youthful attorneys whose brief careers have included a series of political and partisan positions, but little that relates to the work of the PCLOB.

The Democratic nominees are Dempsey, Medine and Wald. Wald has little background that relates to the work of the PCLOB. Moreover, Wald retired from the federal bench in 1999, and is now 83.

Three of the nominees are current or recent attorneys at the law firm of Wilmer Hale -- Medine, Cook and Brand.

James Dempsey is a VP at the Center for Democracy and Technology (CDT), where he has worked for nearly two decades. He is a leading authority on the Electronic Communications Privacy Act (ECPA) and Foreign Intelligence Surveillance Act (FISA), and the many surveillance and data collection activities of government agencies.

He has been one of the leading organizers of the Digital Due Process coalition that advocates for reform of the ECPA. The DDP argues that "The government should obtain a search warrant based on probable cause before it can compel a service provider to disclose a user's private communications or documents stored online." It also argues that "The government should obtain a search warrant based on probable cause before it can track, prospectively or retrospectively, the location of a cell phone or other mobile communications device." See, story titled "Digital Due Process Coalition Proposes Changes to Federal Surveillance Law" in TLJ Daily E-Mail Alert No. 2,068, March 31, 2010.

At the hearing, Dempsey offered this understanding of how the PCLOB should approach its office. He said that "this technology that has become so woven into our lives, both personally and professionally, is very powerful. And, it provides businesses with a tool, and it provides the government with tools, and the government should certainly take advantage of those tools. But, as we also known, the technology also has it downsides, which in various ways policies makers, including this Committee, have been dealing with now since the dawn of the digital age. So, I think that if confirmed, and if the Board comes into existence, I think our challenge is to, as I said before, understand the needs of the agencies that are using these technology tools, and to look at the whole question of effectiveness, and how the information is being used, what outcomes it is yielding, and with that foundation, the foundation of the need and the utility, then looking at what are the adverse consequences, what are the unintended consequences, and how can you develop a set of checks and balances, a set of rules, guidelines, due process protections, whatever, that would give us the benefit of the technology, while mitigating or limiting the downsides of it."

He also said that he would work with the board to establish a sense of priorities, and information sharing would be a critical issue. He said that information sharing poses challenges, both on the security side, as the WikiLeaks case demonstrated, and on the privacy side.

He said that the cyber security threat "is a very critical threat, and one that could have very broad implications for our economy as well as our security." He added further action by the Congress is necessary.

He said with respect to legislation regarding sharing of cyber security information, "My personal view is that some changes to the privacy laws are necessary to promote more information sharing."

David Medine just this month went to work at the Securities and Exchange Commission (SEC) as an Attorney Fellow. He will work on financial privacy issues in the SEC's Division of Corporate Finance.

Before that he worked for a decade at the law firm of Wilmer Hale. Before that he worked in the Executive Office of the President at the end of the Clinton administration. Before that he worked for over a decade at the Federal Trade Commission (FTC) in its Financial Practices Division, where he worked on privacy issues.

Elisebeth Cook works in the Washington DC office of the law firm of Wilmer Hale. She is a former SJC staff member; she was Republican Chief Counsel, Supreme Court Nominations. She was also briefly the Assistant Attorney General (AAG) in charge of the Department of Justice's (DOJ) Office of Legal Policy (OLP) at the end of the Bush administration.

Cook said that "for a government to be effective it needs the trust and credibility of its citizenry, and if there is even a perception that the government is misusing or abusing data to which it has access, that creates both a privacy problem and a security problem .. and that is a starting point for this Board if we are confirmed".

Rachel Brand is a U.S. Chamber of Commerce attorney. She is Chief Counsel for Regulatory Litigation at the Chamber's National Chamber Litigation Center. She was AAG for the DOJ's OLP before Cook. She also worked at Wilmer Hale. She was also Associate Counsel to the President earlier in the Bush administration. She was also General Counsel to former Sen. Elizabeth Dole's 2000 Presidential Election exploratory committee.

Brant said the biggest challenge that people are facing is that so much more information is available. However, she added that the biggest challenges are in the consumer privacy area, which is outside of the Board's jurisdiction

Patricia Wald is a former Judge of the U.S. Court of Appeals for the District of Columbia.

She said that the "aggregation of vast amounts of data", and related issues, including data retention, "is the biggest civil liberties problem" that the Board will face.

Sen. Charles Grassley (R-IA) read a prepared statement at the outset. He questioned whether the PCLOB would interfere with ongoing intelligence activities, or the operations of agency privacy officers.

Grassley noted that some pending cyber security bills contain information sharing provisions. He also praised the post September 11, 2001, legislative changes that took down the wall on information sharing. He then asked, "do you support recreating the wall as part of cyber security legislation"? He received no responsive answers.

Grassley asked questions about the targeting of US citizens abroad. None of the nominees had an opinion or conclusion. Indeed, witnesses evaded expressing opinions on issues that might be reviewed by the PCLOB.

Sen. Sheldon Whitehouse (D-RI) referenced Chinese companies hacking into the computers of US companies and stealing and using their proprietary research and development.

Sen. Patrick Leahy (D-VT) stated that "It is important that we have a fully functioning board", and "we need to have meaningful checks and balances".

He also said that "location tracking conducted by local police" is "a little bit too close to big brother to me". Sen. Al Franken (D-MN) also raised the issue of law enforcement tracking of citizens via their cell phones without a warrant.

History of the PCLOB. The original PCLOB was created by Section 1061(b) of the Intelligence Reform and Terrorism Prevention Act of 2004. That statute made the PCLOB a part of the Executive Office of the President (EOP).

The members of the original PCLOB were Carol Dinkins (Vinson & Elkins), Alan Charles Raul (Sidley Austin), Ted Olson (Gibson Dunn & Crutcher), Francis Taylor and Lanny Davis. That body hired staff, conducted investigations, and wrote a report. See, story titled "President's Civil Liberties Oversight Board Releases Annual Report" in TLJ Daily E-Mail Alert No. 1,572, May 1, 2007.

However, for the last five years, the PCLOB has existed by statute, but has had no appointees to conduct its statutory duties.

The 110th Congress reconstituted the PCLOB in Section 801 of HR 1 [LOC | WW], the "Implementing Recommendations of the 9/11 Commission Act of 2007". President Bush signed that bill into law on August 3, 2007. It is now Public Law No. 110-53. HR 1 makes the PCLOB "an agency" within the meaning of 5 U.S.C. § 551. HR 1 also provides that the PCLOB "shall be composed of a full-time chairman and 4 additional members, who shall be appointed by the President, by and with the advice and consent of the Senate."

President Bush nominated persons, but the Senate did not act on those nominations. See, stories titled "Bush Nominates Members of New Privacy and Civil Liberties Oversight Board" in TLJ Daily E-Mail Alert No. 1,724, February 27, 2008, and "Bush to Nominate Dempsey for Privacy and Civil Liberties Oversight Board" in TLJ Daily E-Mail Alert No. 1,815, August 19, 2008.

President Obama has delayed the operation of the PCLOB by not completing his nomination of five members until nearly three years after taking office. He announced his intent to nominate Dempsey and Cook in 2010. See, 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. However, he did not complete his slate of nominees until December of 2011.

However, there are both Democrats and Republicans who have little interest in an effective and operational PCLOB.

PCLOB Statute. The statute provides that the PCLOB "shall be composed of a full-time chairman and 4 additional members, who shall be appointed by the President, by and with the advice and consent of the Senate."

It further provides that the purposes of the PCLOB are to "analyze and review actions the executive branch takes to protect the Nation from terrorism, ensuring that the need for such actions is balanced with the need to protect privacy and civil liberties" and to "ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation against terrorism".

It provides that the board shall "have access from any department, agency, or element of the executive branch, or any Federal officer or employee of any such department, agency, or element, to all relevant records, reports, audits, reviews, documents, papers, recommendations, or other relevant material, including classified information consistent with applicable law".

The statute does not give the board subpoena power. However, it authorizes the board to request the Attorney General to issue subpoenas.

4/18. The House Oversight and Government Reform Committee (HOGRC) amended and approved, by unanimous voice vote, HR 4257 [LOC | WW], the "Federal Information Security Amendments Act of 2012". See, amendment in the nature of a substitute [26 pages in PDF] offered by Rep. Darrell Issa (R-CA).

The Congress enacted the Federal Information Security Management Act (FISMA) in 2002. It pertains to cyber security on the information technology systems that support the federal government.

Rep. Issa, the Chairman of the HOGRC, and Rep. Elijah Cummings (D-MD), the ranking Democrat on the HOGRC, introduced HR 4257 on March 26, 2012.

4/18. The House Homeland Security Committee (HHSC) amended and approved HR 3674 [LOC | WW], the "Promoting and Enhancing Cybersecurity and Information Sharing Effectiveness Act of 2011" or "PRECISE Act".

The HHSC approved an amendment in the nature of a substitute (AINS) offered by Rep. Dan Lungren (R-CA), and several amendments to the AINS. See also, HHSC summary of AINS.

The HHSC approved by voice vote an amendment offered by Rep. Michael McCaul (R-TX) that pertains to authority to conduct cyber security operations on federal systems, and federal preemption.

The HHSC approved by voice vote an amendment offered by Rep. McCaul regarding creation of a Cybersecurity Domestic Preparedness Consortium, and one or more Cybersecurity Training Centers.

The HHSC approved by voice vote an amendment offered by Rep. Pete King (R-NY) that inserts references to Title XI of the National Security Act of 1947.

The HHSC approved by voice vote an amendment offered by Rep. Cedric Richmond (D-LA).

The HHSC approved by voice vote an amendment offered by Rep. Janice Hahn (D-CA) regarding oversight by the Privacy Officer of the Department of Homeland Security.

4/18. The Software & Information Industry Association (SIIA), Telecommunications Industry Association (TIA), CTIA and other technology groups sent a letter to Rep. John Boehner (R-OH), the Speaker of the House, and Rep. Nancy Pelosi (D-CA), the Minority Leader, regarding cyber security legislation.

They wrote that "We urge you to pass legislation on the following issues that would make substantial improvements to cybersecurity: improved information sharing through H.R. 3523; reform of Federal Information Security Management Act (FISMA) through H.R. 4257; and additional cybersecurity R&D through H.R. 2096 and H.R. 3834."

HR 3523 [LOC | WW] is the "Cyber Intelligence Sharing and Protection Act of 2011" or "CISPA". The House Intelligence Committee (HIC) approved it on November 30, 2011.

HR 4257 [LOC | WW] is the "Federal Information Security Amendments Act of 2012". The House Oversight and Government Reform Committee (HOGRC) amended and approved it on April 18, 2012. See, related story in this issue titled "House Committee Approves FISMA Amendments Bill".

They also expressed their support for "enhanced criminal penalties for cybercrime and to promote a single, federal standard for data breach notification and security".

The other parties to this letter are the Information Technology Industry Council (ITIC), Bay Area Council, Computing Technology Industry Association, Internet Security Alliance, Semiconductor Industry Association (SIA), Silicon Valley Leadership Group, and Technology CEO Council.

4/18. The House Homeland Security Committee's (HHSC) Subcommittee on Transportation Security postponed its hearing titled "Building Secure Partnerships in Travel, Commerce, and Trade with the Asia-Pacific Region", which had been scheduled for April 18. The witnesses will include Mark Koumans (DHS) and John Halinkski (DHS/TSA).

4/18. The Public Knowledge (PK) released a statement in which it complained that Trans-Pacific Partnership (TPP) negotiation "is being done behind doors closed to the general public". Although, international trade negotiations, like almost all international negotiations, are conducted in meetings closed to the public and reporters. The PK underlying complaint is that this trade agreement will, among other things, aid copyright holders in protecting their rights.

4/17. The White House news office announced in a release that President Obama will welcome Prime Minister Yoshihiko Noda of Japan to the White House on Monday, April 30, 2012. "The President looks forward to holding discussions with the Prime Minister on a wide range of bilateral, regional and global issues, including the U.S.-Japan Security Alliance, economic and trade issues, and deepening bilateral cooperation. The two leaders will also discuss regional and global security concerns."

The House will meet at 9:00 AM for legislative business. The House will consider HR 9 [LOC | WW], the "Small Business Tax Cut Act". See, Rep. Cantor's schedule for the week.

The Senate will meet at 9:30 AM. It will resume reconsideration of the motion to proceed to S 1925 [LOC | WW], the "Violence Against Women Reauthorization Act of 2011".

8:15 AM - 2:45 PM. The U.S. China Economic and Security Review Commission will hold a hearing titled "China-Europe Relationship and Transatlantic Implications". See, notice in the Federal Register, Vol. 77, No. 73, Monday, April 16, 2012, at Pages 22631-22632. Location: Room HVC-245, Capitol Visitor Center.

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". See, TPI notice and ITIF notice. Location: Kaiser Family Foundation, 1330 G St., NW.
 • 8:30 AM. Opening speeches by Tom Lenard (TPI), Rob Atkinson (ITIF) and Jon Sallet (SF).
 • 9:00 AM. Speech by Sen. Chris Coons (D-DE).
 • 9:25 AM. Panel titled "Where is America and Why?". The speakers will be Atkinson, Rosabeth Kanter (Harvard Business School), and Charles Hulten (University of Maryland).
 • 11:40 AM. Speech by John Zogby titled "Can the Public Be Enlisted Behind a National Innovation and Competitiveness Agenda?"
 • 11:15 AM. Panel titled "Can We Forge a Bipartisan Consensus on Innovation and Competitiveness?" The speakers will be Jim Fallows (The Atlantic), Sen. Jerry Moran (R-KS), Sen. Mark Warner (D-VA).
 • 12:10 PM. Lunch and panel titled "What Should America Do (and what can it agree upon)?". The speakers will be Rana Foroohar (Time Magazine), Rep. Kevin Brady (R-TX), and Rep. Ron Kind (D-WI), Lenard, and Sallet.

CANCELLED? 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 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.

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.

10:30 AM. The Senate Appropriations Committee (SAC) will meet to mark up the bills, including the FY 2012 Commerce, Justice and Science appropriations bill. Location: Room 192, Dirksen 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.

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".

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.

2:00 PM. Deadline to questions to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) regarding its reissued Request for Proposal (RFP) SA1301-12-RP-0043 for a new Internet Assigned Numbers Authority (IANA) functions contract. This is for the contract term of October 1, 2012 through September 30, 2015. See, summary, and RFP and Form 33.

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.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "The Emergence of Online Video: Is It The Future?". See, notice. Location: Room 253, Russell Building.

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.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an oversight hearing on the Department of Homeland Security (DHS). Secretary of Homeland Security Janet Napolitano will testify. See, notice. Location: Room 226, Dirksen Building.

6:30 PM. The Consumer Electronics Association (CEA) will host an event titled "Digital Patriots Dinner". The honorees will be Sen. Ron Wyden (D-OR), Rep. Jason Chaffetz (R-UT), and David Rubenstein (Managing Director of the Carlyle Group). There will be a reception at 6:30 PM. The dinner will begin at 7:30 PM. See, notice. Location: Newseum, 555 Pennsylvania, Ave., NW.

8:00 AM - 5:00 PM. The Computer and Communications Industry Association (CCIA) will host an event titled "2012 Washington Caucus". The speakers will include Deanna Okun (Chairman of the U.S. International Trade Commission), Daniel Weitzner (Deputy Chief Technology Officer for Internet Policy in the Executive Office of the President), Sen. Mark Warner (D-VA), Sen. Ron Wyden (D-OR), Rep. Jason Chaffetz (R-UT), Rep. Anna Eshoo (D-CA), Rep. Darrell Issa (D-CA), Rep. Zoe Lofgren (D-CA), Rep. Jared Polis (D-CO), and Rep. Lee Terry (R-NE). For more information, contact Maggie Clark at 202-783-0070 or mclark at ccianet dot org. Location: Newseum, 555 Pennsylvania Ave., NW.

8:30 AM - 5:00 PM. The Federal Trade Commission (FTC) will host a workshop titled "Paper, Plastic ... or Mobile? An FTC Workshop on Mobile Payments". See, notice. Location: FTC Conference Center, 601 New Jersey Ave., NW.

9:00 AM - 2:30 PM. The Cato Institute will host a conference titled "Is Immigration Good for America". Rep. Zoe Lofgren (D-CA) will speak at 12:00 NOON. Free. See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Counterterrorism and Intelligence and Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies will hold a joint hearing titled "Iranian Cyber Threat to the U.S. Homeland". See, notice. Location: Room 311, Cannon Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Financial Services and General Government will hold a hearing on the FY 2013 budget for the Supreme Court. The witnesses will be Justices Anthony Kennedy and Stephen Breyer. See, notice. The HAC will webcast this event. Location: Room 2359, Rayburn Building.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Social Media: Legal Considerations For Corporate Counsel". The speakers will be Brent Kidwell (Jenner & Block), Paul Meyer (Towers Watson), Blair Vietmeyer (E*TRADE Financial Corporation), and Michael Lowman (Jenner & Block). The price to attend ranges from free 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: Jenner & Block, 9th Floor, 1099 New York Ave., NW.

3:00 - 4:30 PM. The American Intellectual Property Law Association (AIPLA), U.S. Patent and Trademark Office (USPTO), and World Intellectual Property Organization (WIPO) will host an event titled "World Intellectual Property Day". The opening speakers will be Sen. Patrick Leahy (D-VT), David Kappos (head of the USPTO), and John Bryson (Secretary of Commerce). There will then be a panel discussion. The speakers will be Todd Dickenson (AIPLA), David Kappos, James Pooley (WIPO) and Al Langer (inventor). At 4:30 - 6:00 there will be a reception. Free. Exhibits will be on display. Register by sending an e-mail to WorldIPDay at aipla dot org. Location: Room 562, Dirksen Building.

4/16. The American Antitrust Institute (AAI) released a paper titled "Verizon's Deals with Cable Companies Raise Significant Competitive Issues".

4/13. The Department of Justice's (DOJ) Antitrust Division published a notice in the Federal Register (FR) that announces that the Sematech filed a notification of a change in its membership, pursuant to the National Cooperative Research and Production Act of 1993, which pertains to limiting antitrust liability of standard setting consortia. See, FR, Vol. 77, No. 72, Friday, April 13, 2012, at Pages 22347-22348.

4/13. The Department of Justice's (DOJ) Antitrust Division published a notice in the Federal Register (FR) that announces that the Connected Media Experience filed a notification of a change in its membership, pursuant to the National Cooperative Research and Production Act of 1993, which pertains to limiting antitrust liability of standard setting consortia. See, FR, Vol. 77, No. 72, Friday, April 13, 2012, at Page 22348.

4/13. The Federal Trade Commission (FTC) published a notice in the Federal Register (FR) announcing recent Hart Scott Rodino (HSR) grants of early termination of the waiting period provided by law and the premerger notification rules. See, FR, Vol. 77, No. 72, Friday, April 13, 2012, at Pages 22318-22320

4/11. Joaquin Alumnia, the European Commission's (EC) Competition Commissioner, released a statement about the US Department of Justice's (DOJ) Sherman Act lawsuit against Apple and e-book publishers, and the EC's ongoing investigation. He stated that "We are currently engaged in fruitful discussions with them", and that "I am happy that the very close and productive cooperation between the DOJ and the Commission has benefitted the investigations on both sides of the Atlantic".

4/12. Secretary of Commerce John Bryson appointed seven persons to the Manufacturing Council, including Mark Chandler, SVP and General Counsel of Cisco Systems, Peter Dorsman, EVP of NCR, and Albert Green, CEO of Kent Displays and Improv Electronics. This body advises the Department of Commerce (DOC) regarding improving manufacturing competitiveness. See, DOC release.

4/18. The Government Accountability Office (GAO) released a report [PDF] titled "Intelligent Transportation Systems: Improved DOT Collaboration and Communication Could Enhance the Use of Technology to Manage Congestion".

4/17. The Federal Communications Commission (FCC) set comment deadlines for its Notice of Proposed Rulemaking and Notice of Inquiry (NPRM and NOI) [84 pages in PDF] regarding use of MSS spectrum for terrestrial broadband. The deadline to submit initial comments is May 17, 2012. The deadline to submit reply comments is June 1, 2012. The deadline to submit comments regarding the proposed information collection requirements is June 18, 2012. The FCC adopted and released this item on March 21, 2012. It is FCC 12-32 in WT Docket No. 12-70, ET Docket No. 10-142, and WT Docket No. 04-356. See, notice in the Federal Register, Vol. 77, No. 74, Tuesday, April 17, 2012, at Pages 22720-22748. See also, story titled "FCC Adopts NPRM Regarding Use of MSS Spectrum for Terrestrial Broadband" in TLJ Daily E-Mail Alert No. 2,353, March 22, 2012.

4/16. David Kappos, Director of the U.S. Patent and Trademark Office (USPTO), released a short piece regarding "diversity initiatives underway at the USPTO" and "efforts to improve the retention of patent examiners beyond their probationary period".

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