Tech Law Journal Daily E-Mail Alert
Tuesday, April 24, 2012, Alert No. 2,379.
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House Passes DATA Act

4/25. The House passed HR 2146 [LOC | WW], the "Digital Accountability and Transparency Act", or DATA Act, by voice vote under suspension of the rules. See, manager's amendment [51 pages in PDF]. The Senate has yet to pass this bill.

This bill is intended to increase transparency in federal government spending. It would provide for the creation of financial data reporting standards for federal agencies and recipients of federal funding.

It would create a five member bipartisan Federal Accountability and Spending Transparency Commission, or FAST Commission, which would be "responsible for the collection, storage, and public disclosure of information about Federal spending". It would also be responsible for "Standardizing common data elements and data reporting standards to foster transparency and accountability for Federal spending". It would also oversee the online publication of federal spending data in a successor web site to USASpending.gov.

See also, story titled "Rep. Issa Releases Revised Draft of DATA Bill" in TLJ Daily E-Mail Alert No. 2,376, April 20, 2012.

Sponsors Agree to Some Amendments to CISPA

4/25. The House Rules Committee (HRC) adopted a rule [PDF] for consideration of HR 3523 [LOC | WW], the "Cyber Intelligence Sharing and Protection Act of 2011" or "CISPA", on Wednesday, April 25, 2012.

This bill would enhance cyber security efforts by enabling more information sharing. It would also leverage this information sharing process to broadly expand surveillance activities unrelated to cyber security.

The House is scheduled to begin consideration of the CISPA on Thursday, April 26, 2012, and finish on Friday, April 27.

This rule provides for consideration of a base bill [18 pages in PDF], and makes in order 16 amendments.

Rep. Mike Rogers (R-MI) and Rep. Dutch Ruppersberger (D-MD), the Chairman and ranking Democrat on the House Intelligence Committee (HIC), and sponsors of the bill, announced in a joint release that they have agreed to several amendments.

Greg Nojeim of the Center for Democracy and Technology (CDT) stated in a short piece on April 25 that the HIC "has agreed to support certain amendments that will improve CISPA in terms of  privacy and civil liberties. However, the Committee-supported amendments leave two key issues unresolved -- the flow of information to the super-secret National Security Agency and the broad purposes for which that information can be used."

The CDT announced late on April 25 that since the HRC has not made in order key amendments, the CDT opposes the bill.

What Use Can Government Make of Shared Information? This remains one of the most controversial aspects of the bill.

The base bill provides as follows:

    "The Federal Government may use cyber threat information shared with the Federal Government in accordance with subsection (b) for any lawful purpose only if -- (A) the use of such information is not for a regulatory purpose; and (B) at least one significant purpose of the use of such information is -- (i) a cybersecurity purpose; or (ii) the protection of the national security of the United States."

This is broad.

Rep. RuppersbergerRep. Rogers and Rep. Ruppersberger (at right) announced their joint release on April 24 that they have agreed to an amendment that they state would "significantly tighten the bill's current limitation on the Federal Government’s use of cyber threat information".

However, the new language continues to allow broad use, including use unrelated to cyber security.

This amendment would provide that "The Federal Government may use cyber threat information shared with the Federal Government ... for cybersecurity purposes ... for the investigation and prosecution of cybersecurity crimes ... to protect the national security" and to investigate and prosecute a wide range of crimes, including pornography crimes.

This is amendment number 38, offered by Rep. Ben Quayle (R-AZ), Rep. Anna Eshoo (D-CA), Rep. Mike Thompson (D-CA), and Rep. Paul Broun (R-GA).

Rep. Zoe Lofgren (D-CA) submitted an amendment (number 25) to the HRC that was not made in order. It would have provided the following limitation:

    "The Federal Government may use cyber threat information shared with the Federal Government in accordance with subsection (b) for any lawful purpose only if -- (A) for a cybersecurity purpose; or (B) for a law enforcement purpose, on approval by a court of competent jurisdiction of an application made by the Federal Government -- (i) that such information was originally used for a cybersecurity purpose; (ii) that there is probable cause to believe that an offense described in subsection (1) or (2) of section 2516 of title 18, United States Code, has been committed; and (iii) that the information is relevant and material to an investigation of such offense."

18 U.S.C. § 2516 pertains to "Authorization for Interception of Wire, Oral or Electronic Communications", and lists the predicate offenses for the issuance of an intercept order.

Rep. Lofgren also released a list of her "Key Concerns" with the CISPA. She wrote that "CISPA would override all other federal and state privacy laws, and allow a private company to share nearly anything -- from the contents of private emails and Internet browsing history to medical, educational and financial records -- as long as it "directly pertains to" a "cyber threat," which is broadly defined."

What Information Can Companies Give to the Government? The base bill contains a definition of "Cyber Threat Information", which can be shared with the government.

Rep. Rogers and Rep. Rupperberger announced their joint release that they have agreed to an amendment that they state would "tighten the bill's definitions to narrow what cyber threat information may be identified, obtained, and shared".

This amendment that would replace the definition of "Cyber Threat Information", to provide that it means (1) "a vulnerability of a system or network of a government or private entity", (2) "a threat to the integrity, confidentiality, or availability of a system or network of a government or private entity or any information stored on, processed on, or transiting such a system or network, (3) "efforts to degrade, disrupt, or destroy a system or network of a government or private entity", or (4) "efforts to gain unauthorized access to a system or network of a government or private entity, including to gain such unauthorized access for the purpose of exfiltrating information stored on, processed on, or transiting a system or network of a government or private entity".

But, it would not include "information pertaining to efforts to gain unauthorized access to a system or network of a government or private entity that solely involve violations of consumer terms of service or consumer licensing agreements and do not otherwise constitute unauthorized access".

This is amendment 39 offered by Rep. Bob Goodlatte (R-VA).

To What Government Agencies Can Companies Give Information? The base bill allows companies to share information with the "Federal Government".

Rep. Lofgren wrote in her list of "Key Concerns" that "Other information sharing bills would direct private information from domestic sources to civilian agencies, such as the Department of Homeland Security. CISPA contains no such limitation. Instead, the Department of Defense and the NSA could solicit and receive information directly from American companies, about users and systems inside the United States."

However, Rep. Rogers and Rep. Rupperberger announced no concessions on this issue. Moreover, the HRC did not make in order key amendments that would allow the full House to vote on this issue.

Rep. Jan Schakowsky (D-IL) and Rep. Loretta Sanchez (D-CA) submitted an amendment (number 19) to the HRC that was not made in order. It would have provided that "Federal Government" does not include the Department of Defense (DOD), National Security Agency (NSA), or any of the five armed services.

Rep. Jan SchakowskyRep. Schakowsky (at right) is the only member of the HIC who voted against the bill in Committee.

Rep. Bennie Thompson (D-MS) and others submitted an amendment (number 21) to the HRC that was not made in order. It would have replaced the words "Federal Government" with "Department of Homeland Security or another civilian agency".

Rep. Thompson is the ranking Democrat on the House Homeland Security Committee (HHSC), which oversees the Department of Homeland Security (DHS).

Select Other Amendments Made in Order.

Rep. Mick Mulvaney (R-SC) offered an amendment (number 29) that the HRC made in order that would sunset the provisions of the bill after five years.

Rep. Justin Amash (R-MI)) offered an amendment (number 33) that the HRC did make in order that would provide that the government cannot make use of the following information shared pursuant to this bill: "Library circulation records ... Library patron lists ... Book sales records ... Book customer lists ... Firearms sales records ... Tax return records ... Educational records ... Medical records".

Rep. John Conyers (D-MI) offered an amendment (number 30) that the HRC did make in order that revises the provision regarding "Exemption from Liability" for sharing information. It would delete immunity from criminal prosecution, but retain immunity from civil suit.

Select Other Amendments Not Made in Order.

Rep. Adam SchiffRep. Adam Schiff (D-CA) (at right), a member of the HIC, submitted an amendment (number 26) to the HRC that was not made in order. It contains several changes to the base bill. It would narrow the use government could make of shared information. It would also require the DHS to "develop and periodically review policies and procedures governing the receipt, retention, use, and disclosure" of information shared pursuant to this bill.

He stated in a release that "I believe that my amendment would narrowly tailor the bill to its purpose of protecting us from attacks on our cyber infrastructure and protecting trade secrets while protecting the privacy and civil liberties of ordinary Americans."

Obama EOP Opposes CISPA

4/25. The Executive Office of the President (EOP) released a statement in opposition to the HR 3523 [LOC | WW], the "Cyber Intelligence Sharing and Protection Act of 2011" or "CISPA".

The statement, titled "Statement of Administration Policy" or SAP, preceded the House Rules Committee's (HRC) adoption of a rule [PDF] that makes in order amendments that address criticisms contained in the SAP.

The SAP states that "the Administration strongly opposes H.R. 3523, the Cyber Intelligence Sharing and Protection Act, in its current form", and "if H.R. 3523 were presented to the President, his senior advisors would recommend that he veto the bill".

"The sharing of information must be conducted in a manner that preserves Americans' privacy, data confidentiality, and civil liberties and recognizes the civilian nature of cyberspace." The SAP continues that the bill repeals "important provisions of electronic surveillance law without instituting corresponding privacy, confidentiality, and civil liberties safeguards".

The SAP adds that the bill "effectively treats domestic cybersecurity as an intelligence activity and thus, significantly departs from longstanding efforts to treat the Internet and cyberspace as civilian spheres."

Rep. Mike Rogers (R-MI) and Rep. Dutch Ruppersberger (D-MD), the Chairman and ranking Democrat on the House Intelligence Committee (HIC), and sponsors of the bill, wrote in a joint statement on April 25 that "The basis for the Administration's view is mostly based on the lack of critical infrastructure regulation, something outside of our jurisdiction."

"We would also draw the White House's attention to the substantial package of privacy and civil liberties improvement announced yesterday which will be added to the bill on the floor."

"The SAP was limited to the bill in ``its current form´´ -- however, as the bipartisan managers of the bill announced yesterday -- they have agreed to a package of amendments that address nearly every single one of the criticisms leveled by the Administration, particularly those regarding privacy and civil liberties of Americans."

Rep. Lofgren Announces Key Concerns with CISPA

4/23. Rep. Zoe Lofgren (D-CA), who represents a Silicon Valley district, released a document that lists her "Key Concerns" with HR 3523 [LOC | WW], the "Cyber Intelligence Sharing and Protection Act of 2011" or "CISPA".

She stated in a release on April 23 that "Our country faces a serious challenge in securing both public and private networks from a wide variety of attacks. I would support narrowly-drafted legislation that allows the government and the private sector to share information when truly necessary for cybersecurity purposes, as long as it also includes robust privacy protections."

"Unfortunately", wrote Rep. Lofgren, "CISPA as currently drafted does not meet these criteria and therefore I cannot support it in its current form. I made suggestions to improve the bill to safeguard the privacy and due process rights of all Americans."

However, on April 24, the House Rules Committee (HRC) did not make in order her amendment (number 25) that would have limited the use the government can make of shared information.

Rep. Zoe LofgrenRep. Lofgren (at right) wrote in her list of concerns that "CISPA could allow any private company to share vast amounts of sensitive, private data about its customers with the government."

She wrote that "CISPA does not require that data shared with the government be stripped of unnecessary personally-identifiable information."

She wrote that "CISPA would allow the government to use collected private information for reasons other than cybersecurity."

She wrote that "CISPA would give Internet Service Providers free rein to monitor the private communications and activities of users on their networks."

She wrote that "CISPA would empower the military and the National Security Agency (NSA) to collect information about domestic Internet users."

She wrote that "CISPA places too much faith in private companies, to safeguard their most sensitive customer data from government intrusion."

She elaborated that "While information sharing would be voluntary under CISPA, the government has a variety of ways to pressure private companies to share large volumes of customer information. With complete legal immunity, private companies have few clear incentives to resist such pressure. There is also no requirement that companies ever tell their customers what they have shared with the government, either before or after the fact."

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In This Issue
This issue contains the following items:
 • House Passes DATA Act
 • Sponsors Agree to Some Amendments to CISPA
 • Obama EOP Opposes CISPA
 • Rep. Lofgren Announces Key Concerns with CISPA
Washington Tech Calendar
New items are highlighted in red.
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.

The Senate will meet at 9:30 AM. It will resume consideration of 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.

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.

TIME CHANGE. 9:00 AM. The House Oversight and Government Reform Committee (HOGRC) will hold a business meeting. See, notice. Location: Room 2154, Rayburn Building.

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". The witnesses will be Roy Waldron (Pfizer), Chris Israel (American Continental Group), Sean Murphy (Qualcomm), and Christal Sheppard (University of Nebraska law school). 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 Appropriations Committee (HAC) will meet to mark up the FY 2013 Commerce, Justice and Science appropriations bill. See, notice. The HAC will webcast this event. Location: Room 2359, 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 - 1:00 PM. The Heritage Foundation (HF) will host an event titled "Lessons from Homeland Security Regulatory Regimes: CFATS and Cybersecurity". The speakers will be Jamie Conrad (Conrad Law & Policy Counsel), Peter Weaver (International Liquid Terminals Association), Paul Rosenzweig (HF), and Steve Bucci (HF). See, notice. Location: HF, 214 Massachusetts Ave., NE.

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.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Ethics of Social Networking". The speakers will be Daniel Bolin (Ancel Glink), Michael Downey (Armstrong Teasdale), and Preston Pugh (Pugh Jones & Johnson). The price ranges from $75 to $150. CLE credits. The ABA will also sell CD-ROMs. See, notice.

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.

CANCELLED. 6:00 PM. The Federal Communications Bar Association's (FCBA) State and Local Committee will host an event titled "USF Contributions: Where Do We Go From Here?". CLE credits. Prices vary. The deadline for registrations and cancellations is Wednesday, April 25, at 12:00 NOON. See, notice and schedule.

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.

9:15 AM. The House Judiciary Committee's (HJC) Subcommittee on Immigration Policy and Enforcement will on another hearing on the E-Verify program. It also held a hearing on February 10 and a hearing on April 18. This one is titled "E-Verify: The Perspective of Employers Who Use It". See, 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.

TIME CHANGE. 10:00 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.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "High Tech: Strategic Conduct, Patents and Industry Standards". The speakers will be Roy Hoffinger (Qualcomm), Gail Levine (Verizon Communications), Patrick Roach (Federal Trade Commission), and Sean Gates (Morrison & Foerster). Free. No CLE credits. See, notice and registration page.

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.

12:30 - 2:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Twombly, Iqbal and the State Courts: a Resurgence of Notice Pleading?". See, Supreme Court's 2007 opinion in Bell Atlantic v. Twombly, 550 U.S. 544, and story titled "Supreme Court Rules in Bell Atlantic v. Twombly" in TLJ Daily E-Mail Alert No. 1,585, May 22, 2007. The speakers will be Mel Schwarz (Marsh & McLennan Companies), Barbara Sicalides (Pepper Hamilton), Ned Cavanagh (St. John's University Law School), Barry Barnett (Susman Godfrey), and Geoff Holtz (Bingham McCutchen). Free. No. CLE credits. See, notice and registration page.

Tuesday, May 1

9:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Sensors and Instrumentation Technical Advisory Committee (SITAC) will meet. See, notice in the Federal Register Vol. 77, No. 75, Wednesday, April 18, 2012, at Page 23222. Location: DOC, Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

1:00 - 2:00 PM. The law firm of Fulbright & Jaworski will host a webcast seminar titled "International E-Discovery: When Cyber Workspaces Collide with U.S. Litigation". CLE credits. See, notice and registration page.

1:00 - 2:00 PM. American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Privacy and Information Security Update". The speakers will be Benita Kahn (Vorys Sater Seymour & Pease), Reed Freeman (Morrison Foerster), Julie O’Neill (MoFo), and Nicholas Datlowe (MoFo). Free. No CLE credits. See, notice. Register by sending an e-mail to Jeanne Welch at jawelch at vorys dot com.

6:00 - 9:00 PM. The DC Bar Association will host a presentation titled "Antitrust Basics for Non-Antitrust Lawyers". The speakers will be William Kovacic (George Washington University), Michael Brockmeyer (Frommer Lawrence & Haug), Robert Hauberg (Baker Donelson), and Grace Kwon (Dewey & LeBoeuf). Free. No CLE credits. No registration required. Reporters are barred from attending most DC Bar events. See, notice. For more information, call 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

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

Wednesday, May 2

12:30 - 2:00 PM. The American Intellectual Property Law Association (AIPLA) will host a webcast presentation titled "Patent Prosecution Under the AIA: Strategies For Before, During and After the Transition to First to File". The speakers will be Joseph Matal (Sen. Jon Kyl's Senate Judiciary Committee counsel) and Courtney Brinckerhoff (Foley & Lardner). CLE credits. CD, MP4 download, archived webcast, and other formats available. Prices vary. See, registration page.

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

Thursday, May 3

9:00 AM - 12:00 NOON. The Net Caucus will host an event titled "State of the Mobile Net Conference". At 9:00 AM there will be a panel titled "Complex Devices / Complex Privacy Questions: Grappling With Privacy In the Mobile Space". At 10:15 AM, Jason Weinstein, Deputy Assistant Attorney General in the DOJ's Criminal Division will address "Location Tracking by the Government After Jones: What Jones Tells Us About Mobile Phone and App Tracking". At 10:45 AM - 12:00 NOON, there will be a panel titled "Megabytes by the Morsel and Data by the Dollop: How Will New Mobile Data Plans Affect Consumers, Innovation and the Mobile Marketplace?". See, notice. Location: Reserve Officers Association Building, 5th Floor, One Constitution Ave., NE.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch titled "The WRC: A Look Back and A Look Forward". The speaker will be Decker Anstrom, head of the US delegation to the 2012 ITU World Radiocommunication Conference in Geneva, Switzerland on January 23 through February 17, 2012. For more information, contact Chris Murphy chris dot murphy at inmarsat dot com. Location: Wiley Rein, 1776 K St., NW.

1:00 - 2:00 PM. The American Bar Association's (ABA) State and Local IT Procurement Committee will meet by teleconference. The call in number is 1-888-684-4447. The passcode is 8504255612. Free. No CLE credits. See, notice. For more information, contact Karen Walker (Holland & Knight) at 850-425-5612 or karen dot walker at hklaw dot com.

Deadline to submit reply 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.