Tech Law Journal Daily E-Mail Alert
Saturday, April 21, 2012, Alert No. 2,377.
Home Page | Calendar | Subscribe | Back Issues | Reference
House to Consider CISPA on April 26-27

4/20. The House Republican leadership announced that on Thursday, April 26, the House will bill begin consideration of HR 3523 [LOC | WW] is the "Cyber Intelligence Sharing and Protection Act of 2011" or "CISPA". And, it will finish consideration on Friday, April 27. See, Rep. Cantor's schedule for the week.

The House Rules Committee (HRC) has announced that 4:30 PM on Tuesday, April 24, is the deadline for members to submit proposed amendments to the bill.

The House Intelligence Committee (HIC) released a statement. It states that the HIC "provided a draft Amendment in the Nature of a Substitute to the House Rules Committee today to serve as base text for potential amendments" to the CISPA. See, base bill [18 pages in PDF].

The HIC added that "This draft amendment is the discussion draft of the bill that was posted on the HPSCI website on April 16, 2012, and is a necessary parliamentary step before proceeding to floor action next week."

This bill is sponsored by Rep. Mike Rogers (R-MI) and Rep. Dutch Ruppersberger (D-MD), the Chairman and ranking Democrat on the HIC.

The HIC release adds that "Chairman Rogers and Ranking Member Ruppersberger remain committed to continuing to work with all interested parties to continue to improve the bill. Any further agreed changes to the bill would be proposed as amendments when the bill reaches the floor next week."

Advocates of Limited Government Request Changes to CISPA

4/21. The Tech Freedom (TF), Competitive Enterprise Institute (CEI), Liberty Coalition, Freedom Works, and Americans for Limited Government sent a letter to Rep. Mike Rogers (R-MI) and Rep. Dutch Ruppersberger (D-MD) regarding HR 3523 [LOC | WW] is the "Cyber Intelligence Sharing and Protection Act of 2011" or "CISPA".

They wrote that the base bill [18 pages in PDF] to be considered by the House on April 26-27 "risks unduly expanding federal power, undermining freedom of contract, and harming U.S. competitiveness in the technology sector".

First, they wrote that "While CISPA enables companies to restrict how cyber threat information they share may be used by other entities, the bill's sweeping immunity provision effectively denies providers the ability to make enforceable promises to impose such restrictions on third parties."

Second, they wrote that "CISPA wisely bars the federal government from using cyber threat information ``for regulatory purposes.创 But the bill permits all other governmental uses so long as ``at least one significant purpose创 of such use is for ``cybersecurity创 or the ``protection of [U.S.] national security.创 Thus, if a federal agency received a private e-mail pertaining to not only a cyber threat but also, for instance, to a criminal violation of the Internal Revenue Code or the Archaeological Resources Protection Act, that agency could share the e-mail with any other governmental entity for use in criminal prosecution." (Footnote omitted. Brackets in original.)

Third, they wrote that "CISPA creates a limited private right of action allowing individuals whose information has been improperly used or shared by a governmental entity to recover actual damages. But for an aggrieved party to prevail, it must show the governmental entity ``intentionally or willfully创 violated the statute. Imposing such a high burden on potential plaintiffs will under-deter governmental agencies from negligently handling private information. Therefore, CISPA's private right should also allow individuals to recover damages for grossly negligent violations by governmental entities."

Fourth, they wrote that "CISPA immunizes covered private firms that share ``cyber threat information" for a ``cybersecurity purpose创 with any other entity -- private or governmental -- from all forms of civil and criminal liability." But, they argue, "CISPA should only immunize companies for sharing information when they have an objectively reasonable belief that it pertains to a cyber threat."

Fifth, they argue that the CISPA should bar the federal government from using the procurement process to coerce private companies. "CISPA should contain an enforceable ban on such quid pro quos to deter potential abuse by federal agencies, some of which have historically leveraged the procurement process to strong-arm private entities into facilitating mass digital surveillance." (Footnote omitted.)

They also argue that the bill's definition of "cyber threat information" should be narrowed.

Finally, they argue for meaningful oversight, by the Privacy and Civil Liberties Oversight Board (PCLOB). See, story titled "Senate Judiciary Committee Holds Hearing on PCLOB Nominees" in TLJ Daily E-Mail Alert No. 2,375, April 19, 2012.

Bill Shock: New York Sues Sprint Nextel to Compel it to Tax Consumers More

4/19. The state of New York filed a complaint [30 pages in PDF] in state court against Sprint Nextel seeking to compel it to collect more taxes for the state of New York on wireless service, and pay the state treble damages, including for "failure to collect and pay more than $100 million in New York sales taxes", as well as redundant sales taxes imposed by counties, cities, and other political subdivisions of New York.

New York does not allege that Sprint Nextel collected any sales taxes from its customers that it failed to forward to the state. Rather, it merely alleges that Sprint Nextel collected taxes on in-state, but not interstate calls. New York does not dispute Sprint Nextel allocation between in-state and interstate. It asserts the Sprint Nextel must tax customers for interstate calls.

This, New York alleges, is a violation of New York tax law, the New York False Claims Act, and a New York ban on "fraudulent and illegal" conduct.

Sprint Nextel stated in a release that "This complaint is without merit and Sprint categorically denies the complaint's allegations. We have collected and paid over to New York every penny of sales taxes on mobile wireless services that we believe our customers owe under New York state law."

Sprint Nextel added that "With this lawsuit, the Attorney General's office is claiming New York consumers, who already pay some of the highest wireless taxes in the country, should pay even more. We intend to stand up for New York consumers' rights and fight this suit."

New York filed this complaint in the Supreme Court for the State of New York, County of New York, which is a state trial court in New York City.

The complaint states that New York wants the court to "require Sprint to collect and pay sales taxes on the full amount of its fixed monthly charges for voice services going forward".

Sprint Nextel offers flat plans for wireless voice communications service. New York imposes a sales tax on wireless voice communications service. Sprint Nextel collected from its customers, via monthly bills, New York state sales taxes, which it then forwarded to the state of New York.

Moreover, Sprint Nextel collected the sales tax on all in-state calls, but not interstate calls. New York, however, insists that Sprint collect taxes from its customers on all calls, including interstate communications.

The complaint states that "New York law treats fixed monthly charges for wireless voice services as a single, irreducible, taxable service that cannot be broken out for sales tax purposes, Sprint violated the law by failing to collect and pay New York state and local sales taxes on the full amount of the charges."

The state of New York also stated in its complaint against Sprint Nextel that "The various counties within the State of New York, along with New York City and certain school districts and other local entities, impose sales taxes on the identical services. The sales tax rate imposed on such services varies by locality, and the taxes in each must be paid in addition to the New York State sales taxes."

Bill Shock: FCC Touts Its New Web Site

4/19. The Federal Communications Commission (FCC) announced in a release that it has launched a web site titled "Bill Shock: Wireless Usage Alerts for Consumers".

The FCC initiated a rulemaking proceeding in October of 2010 in which it proposed to imposes new regulations wireless carriers to reduce consumers' "bill shock". The FCC proposed to require that service providers provide "notification alerts" to consumers when, for example, they are approaching an allotted limit for voice, text, and data usage.

See, story titled "FCC Adopts Bill Shock NPRM" in TLJ Daily E-Mail Alert No. 2,142, October 19, 2010. That NRPM is FCC 10-180 in CG Docket No. 10-207 and CG Docket No. 09-158. See also, stories titled "FCC Starts Bill Shock Proceeding" and "FCC Releases Paper on Consumer Understanding of Cell Phone Billing Practices" in TLJ Daily E-Mail Alert No. 2,088, May 27, 2010.

The FCC has not adopted rules. Wireless service providers have initiated new free notification processes. And, last year the CTIA adopted a document titled "Consumer Code for Wireless Service".

The FCC's NPRM did not propose to address the underlying prices that service provider charge their customers.

Nor did the NPRM address whether or not consumers are shocked by the extent of federal, state and local taxes, fees and mandatory contributions that are collected from them regularly via their monthly bills.

Nor did the NPRM address whether consumers are shocked by the extent of waste, fraud and abuse in the FCC imposed universal service tax and subsidy programs.

The House Judiciary Committee (HJC) wrote in its report on HR 1002 [LOC | WW], the "Wireless Tax Fairness Act", that consumers are subjected to local, state and federal taxes on communications services at an average rate of 16.3%, and that this is twice as high as the average retail sales tax rate. Moreover, these high taxes decrease consumption of wireless services, and harm related activities, such as development of smartphone applications and wireless e-commerce. See, related story in this issue titled "Update on Wireless Tax Fairness Act".

FCC Commissioner Mignon Clyburn released a statement in which she wrote that "I am pleased to see that the Commission has launched its new ``bill shock创 website to help consumers track implementation of recent commitments by wireless carriers to voluntarily provide usage alerts before and after consumers exceed their plan limits."

Clyburn added that "When CTIA first announced its bill shock guidelines and its members voluntary commitments, I mentioned that the most important aspect of these guidelines is that CTIA's members agreed to allow the FCC staff to track their compliance with these measures. I applaud CTIA for its continuing efforts to push the industry on voluntary efforts to prevent the consumers from experiencing bill shock."

There is also a bill in the Senate, S 732 [LOC | WW], the "Cell Phone Bill Shock Act of 2011", introduced by Sen. Tom Udall (D-NM) on April 5, 2011. The Senate has taken no action on this bill.

Update on Wireless Tax Fairness Act

4/19. On March 10, 2011, Rep. Zoe Lofgren (D-CA), Rep. Trent Franks (R-AZ), and others introduced HR 1002 [LOC | WW], the "Wireless Tax Fairness Act".

Sen. Ron Wyden (D-OR), Sen. Olympia Snowe (R-ME), and others introduced the companion bill in the Senate, S 543 [LOC | WW], also titled the "Wireless Tax Fairness Act of 2011", on March 10, 2011.

The House has passed its bill last November. The Senate has taken no action.

These bills would not roll back existing taxes. They would only prohibit new discriminatory taxes.

They would impose a five year moratorium on any state or local "new discriminatory tax on or with respect to mobile services, mobile service providers, or mobile service property". It would exempt state universal service taxes, and taxes to fund E-911 communications systems. And, they bills would not affect taxes or fees imposed by the federal Congress or by the Federal Communications Commission (FCC).

The House Judiciary Committee's (HJC) Subcommittee on Courts, Commercial and Administrative Law held a hearing on March 15, 2011.

The HJC amended and passed the bill on July 14, 2011. See, story titled "House Judiciary Committee Approves Wireless Tax Fairness Act" in TLJ Daily E-Mail Alert No. 2,258, July 14, 2011.

The House passed its bill on November 1, 2011. However, the bill has stalled in the Senate.

It was referred to the Senate Finance Committee (SFC). Sen. Wyden and Sen. Snowe are both members. However, that Committee has held no hearings, and taken no other action, on either bill. However, the bill has 19 sponsors, including Sen. Kirsten Gillibrand (D-NY).

These bills recite in their findings that there is a "history and pattern of discriminatory taxation faced by providers and consumers of mobile services".

The House Committee Report states that "the combined state and local tax rate on wireless telecommunication service is still significantly higher than the tax rate on other goods and services".

It states that wireless consumers "now face a combined federal, state, and local tax and fee burden of 16.3 percent, a rate two times higher than the average retail sales tax rate".

Moreover, "The proceeds of certain taxes imposed uniquely on wireless services are increasingly being used to fund government programs that have nothing to do with communications services."

The House report continues that "High wireless tax rates artificially alter the demand market for wireless services. Economic studies have shown that wireless services are elastic: as price increases, quantity demanded decreases."

It explains. "The distortionary effects of an ad valorem tax on wireless services vary inversely with the own-price elasticity of demand for wireless services. Although the demand for wireless service has become more elastic over the last decade, wireless taxes have increased. Consequently, the efficiency loss from wireless taxation has also risen during that period. In states that tax wireless services most aggressively, the efficiency loss from an additional dollar of tax revenue raised may be as high as two dollars. Therefore, federal, local, and state governments should carefully scrutinize the tax rates they currently impose on wireless consumers, recognizing that the tax policies in place can produce more harm than good."

"High wireless taxes discourage a percentage of potential customers from subscribing to wireless services, which results in a smaller tax base and consequently less tax revenue to governments. Wireless carriers' inability to attract these potential customers because of high tax rates means they have less capital to invest in and improve telecommunications infrastructure."

The report concludes that "Consumers ultimately pay the price of high discriminatory taxes on wireless services. In other contexts, high taxes on particular goods and services reflect a legislature's measured view that the good or service imposes a harm on society or the environment or causes some other negative externality. For example, taxes on cigarettes discourage decisions that result in poor health; they also fund the health costs borne by the state or locality when a smoker is unable to pay for a tobacco-related illness at the local hospital. Similarly, taxes on gasoline encourage commuters to travel more efficiently and conserve resources. An analogy between these so-called `sin' taxes and taxes on wireless services, however, is inapposite. There is nothing inherently dangerous about using cell phones; their use actually projects a positive externality on society, e.g. more efficient business communications and more intimate social connections. High taxes on wireless subscriptions are akin to taxes on cigarettes and gasoline even though there is no justifiable reason to discourage use of a cell phone."

It also concludes that "tax policies that discourage wireless use also negatively affect secondary markets for smartphone applications, wireless-based Internet service, and digital goods and services delivered over telecommunications networks."

Judicial Appointments

4/19. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved 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 held over consideration of Michael Shea (USDC/DConn), Gonzalo Curiel (USDC/SDCal), Robert Shelby (USDC/DUtah). The agenda for the SJC's executive business meeting of April 26, 2012, again lists consideration of these three nominees.

About Tech Law Journal

Tech Law Journal publishes a free access web site and a subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year for a single recipient. There are discounts for subscribers with multiple recipients.

Free one month trial subscriptions are available. Also, free subscriptions are available for federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until two months after writing.

For information about subscriptions, see subscription information page.

Tech Law Journal now accepts credit card payments. See, TLJ credit card payments page.

Solution Graphics

TLJ is published by David Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
3034 Newark St. NW, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998-2012 David Carney. All rights reserved.

In This Issue
This issue contains the following items:
  House to Consider CISPA on April 26-27
  Advocates of Limited Government Request Changes to CISPA
  Bill Shock: New York Sues Sprint Nextel to Compel it to Tax Consumers More
  Bill Shock: FCC Touts Its New Web Site
  Update on Wireless Tax Fairness Act
  Judicial Appointments
Washington Tech Calendar
New items are highlighted in red.
Monday, April 23

The House will meet at 11:00 AM in pro forma session only. See, Rep. Cantor's schedule for the week.

The Senate will meet at 12:00 NOON. It will resume consideration the motion to proceed to S 1925 [LOC | WW], the "Violence Against Women Reauthorization Act of 2011". See, story titled "VAWA Reauthorization Bill Would Revise Section 223's Ban on Annoying People on the Internet" in TLJ Daily E-Mail Alert No. 2,374, April 18, 2012.

TIME CHANGE. 8:30 AM - 12:30 PM. 9:00 AM - 1:00 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. See also, April 19 Public Notice with agenda and speakers. 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.

Tuesday, April 24

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

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "The Emergence of Online Video: Is It The Future?". The witnesses will be Barry Diller (IAC), Paul Misener (Amazon), Susan Whiting (Nielsen Company), and Blair Westlake (Microsoft). 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.

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

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.

4:30 PM. Deadline to submit to the House Rules Committee (HRC) amendments to HR 3523 [LOC | WW], the "Cyber Intelligence Sharing and Protection Act of 2011" or "CISPA". See also, April 19 base bill [18 pages in PDF].

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.

Wednesday, April 25

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It will consider, under suspension of the rules, HR 2146 [LOC | WW], the "Digital Accountability and Transparency Act", or DATA Act. See, story titled "Rep. Issa Releases Revised Draft of DATA Bill" in TLJ Daily E-Mail Alert No. 2,376, April 20, 2012. See, Rep. Cantor's schedule for the week.

TIME CHANGE. 10:00 AM. 9:30 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. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 AM. The House Financial Services Committee's (HFSC) Subcommittee on Capitol Markets will hold an oversight hearing on the Securities and Exchange Commission (SEC). The witness will be SEC Chairman Mary Schapiro. See, notice. Location: Room 2128, Rayburn Building.

10:30 AM. The Senate Appropriations Committee (SAC) will hold a closed hearing on the FY 2013 budget for national and military intelligence programs. The witnesses will be James Clapper and Michael Vickers. See, notice. Location: Room SVC-217, Capitol Visitor Center.

2:30 PM. The Senate Appropriations Committee (SAC) will hold a hearing titled "Expanding Broadband Access, Promoting Innovation, and Protecting Consumers in a Communications Revolution: Fiscal Year 2013 Resource Needs for the Federal Communications Commission". The witness will be FCC Chairman Julius Genachowski. See, notice. Location: Room 138, 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.

Thursday, April 26

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It will consider, under suspension of the rules, HR 2096 [LOC | WW], the "Cybersecurity Enhancement Act of 2011", HR 3834 [LOC | WW], the "Advancing America's Networking and Information Technology Research and Development Act of 2012", and HR 4257 [LOC | WW], the "Federal Information Security Amendments Act of 2012". The House will also begin consideration, subject to a rule, of HR 3523 [LOC | WW], the "Cyber Intelligence Sharing and Protection Act of 2011" or "CISPA". See, Rep. Cantor's schedule for the week.

8:00 AM - 5:00 PM. The Computer and Communications Industry Association (CCIA) will host an event titled "2012 Washington Caucus". For more information, contact Maggie Clark at 202-783-0070 or mclark at ccianet dot org. There will no webcast. 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 Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing titled "International Patent Issues: Promoting a Level Playing Field for American Industry Abroad". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Ways and Means Committee's (HWMC) Subcommittee on Select Revenue Measures will hold a hearing regarding expiring tax provisions. The R&D tax credit expired on December 31, 2011. The witnesses will be members of Congress. Rep. Kevin Brady (R-TX) will testify regarding HR 942 [LOC | WW], the "American Research and Competitiveness Act of 2011", a bill that would revise and make permanent the R&D tax credit. See, hearing notice. See, also, 21 U.S.C. 41, story titled "Tax Bill Enacted With R&D Tax Credit Extension" in TLJ Daily E-Mail Alert No. 2,182, December 18, 2010, and story titled "Ways and Means Subcommittee Hearing to Address Expired R&D Tax Credit" in TLJ Daily E-Mail Alert No. 2,376, April 20, 2012. Location: Room 1100, Longworth Building.

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 Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, House Visitor Center.

POSTPONED. 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.

10:00 AM. The House Oversight and Government Reform Committee (HOGRC) will hold a business meeting. 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 Michael Shea (USDC/DConn), Gonzalo Curiel (USDC/SDCal), Robert Shelby (USDC/DUtah). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen 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.

Friday, April 27

The House will meet at 9:00 AM for legislative business. It will complete consideration, subject to a rule, of HR 3523 [LOC | WW], the "Cyber Intelligence Sharing and Protection Act of 2011" or "CISPA". See, Rep. Cantor's schedule for the week.

11:00 AM. The Federal Communications Commission (FCC) will hold an event titled "Open Meeting". See, agenda, and story titled "FCC Releases Tentative Agenda for Meeting of April 27" in TLJ Daily E-Mail Alert No. 2,369, April 12, 2012. Location: FCC headquarters, Room TW-C305, 445 12th St., SW.

Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) the regarding the types and depth of testing that the NTIA intends to conduct in Phase II/III of the Spectrum Sharing Innovation Test Bed pilot program to assess whether devices employing Dynamic Spectrum Access techniques can share the frequency spectrum with land mobile radio systems. See, notice in the Federal Register, Vol. 77, No. 60, Wednesday, March 28, 2012, at Page 18793.

Saturday, April 28

9:00 AM - 6:30 PM. Day one of a two day event hosted by Codepink Women for Peace titled "Drone Summit: Killing and Spying by Remote Control". The speakers will include Amie Stepanovich (EPIC), Hina Shamsi (ACLU), and Jay Stanley (ACLU). Most of the topics to be covered relate to foreign wars. However, the conference will also address "the future of domestic drone surveillance". See, notice. Location: Mount Vernon Place United Methodist Church, 900 Massachusetts Ave., NW.

Sunday, April 29

10:00 AM - 4:00 PM. Day two of a two day event hosted by Codepink Women for Peace titled "Drone Summit: Killing and Spying by Remote Control". See, notice. Location: United Methodist Building, 100 Maryland Ave., NE.

Monday, April 30

The Senate will not meet on the week of Monday, April 30, through Friday, May 4.

The Senate will not meet on the week of Monday, April 30, through Friday, May 4.

12:30 - 1:30 PM. The Federal Communications Commission (FCC) will hold an event at which David Robbins and other FCC employees will discuss social media and the FCC web site. The FCBA asserts that this is an FCBA event. Location: FCC, Commission Meeting Room, 445 12th St., SW.

CCIA Washington Caucus
April 26 at the Newseum
There will be a series of speeches, followed by questions and answers. Ed Black (CCIA) will lead at 8:30 AM.
Rep. Jason Chaffetz (R-UT), member of the House Judiciary Committee (HJC), and a leading opponent of HR 3261 [LOC | WW], the "Stop Online Piracy Act" or "SOPA", and HR 1981 [LOC | WW], the data retention bill.
Rep. Lee Terry (R-NE), member of the House Commerce Committee (HCC), and Vice Chair of its Subcommittee on Communications and Technology (SCT).
Rep. Jared Polis (D-CO), member of the HJC.
Demetrios Marantis, Deputy U.S. Trade Representative.
Rep. Anna Eshoo (D-CA), ranking Democrat on the HCC's SCT.
Daniel Weitzner (Deputy Chief Technology Officer for Internet Policy in the Executive Office of the President).
Lunch at Newseum
Rep. Zoe Lofgren (D-CA), member of the HJC, and sponsor of HR 1002 [LOC | WW], the "Wireless Tax Fairness Act".
Deanna Okun, Chairman of the U.S. International Trade Commission.
Rep. Darrell Issa (D-CA), Chairman of the House Oversight and Government Reform Committee, and member of the HJC.
Rep. Bob Goodlatte (R-VA), member of the HJC.
Eric Hirschorn, head of the DOC's Bureau of Industry and Security, which regulates tech exports.
Sen. Mark Warner (D-VA), member of the Senate Commerce Committee and Senate Intelligence Committee.