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Friday, December 7, 2012, Alert No. 2,485.
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Senate Judiciary Committee Holds Over Geolocation Data Bill

12/6. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of S 1223 [LOC | WW], the "Location Privacy Protection Act of 2011".

This is an Electronic Communications Privacy Act (ECPA) reform bill sponsored by Sen. Al Franken (D-MN). This bill is again on the SJC agenda for its next meeting on December 13, 2012.

This bill would amend the ECPA's Stored Communications Act (SCA), which is codified at 18 U.S.C. §§ 2701-2712, by adding a new Section 2713, titled "Voluntary location tracking of electronic communications devices".

This section would provide that "a covered entity may not knowingly collect, receive, record, obtain, or disclose to a nongovernmental individual or entity the geolocation information from an electronic communications device without the express authorization of the individual that is using the electronic communications device."

This section limits commercial sale and distribution of geolocation data. However, this section would not affect access to geolocation information by government law enforcement, intelligence, public safety, or regulatory agencies. This section also includes exemptions for common carriers and cable companies.

This bill would also add other new sections in Title 18 to create new criminal prohibitions regarding "Geolocation information used in interstate domestic violence or stalking" and "Sale of geolocation information of young children".

Sen. Al FrankenSen. Franken (at right) stated in a release that "Every smart phone out there is a personal tracking device that transmits our location" and "the law allows companies to collect and disclose our location information without our knowledge or consent -- and that a lot of companies are doing just that."

"What's worse," he continued, "bad actors are using these same loopholes to develop and market stalking apps to the public. I've heard harrowing accounts from Minnesota women about their experiences with GPS stalking. My legislation protects people’s privacy and will help put an end to GPS stalking by requiring all smartphone, app, and wireless companies to get consumers' consent before collecting or sharing their location, and by creating special protections against stalking apps.”

Sen. Charles Grassley (R-IA) stated at the meeting that "I spoke with Sen. Franken yesterday and he agreed that we need to continue to work on this bill. His staff and mine have discussed some concerns that have been voiced by industry and the Department of Justice. Almost all of the concerns I have heard of relate to the commercial portion of the bill, and not the domestic violence provisions."

On December 29, the SJC amended and approved another ECPA reform bill, HR 2471 [LOC | WW | HTML], an untitled bill that would require a warrant for accessing cloud stored e-mail. See, story titled "Senate Judiciary Committee Approves Leahy Bill to Require Warrant for Accessing Cloud Stored E-Mail" in TLJ Daily E-Mail Alert No. 2,479, November 30, 2012.

Sen. Blumenthal Introduces Gift Card Consumer Protection Act

11/26. Sen. Richard Blumenthal (D-CT) introduced S 3636 [LOC | WW], the "Gift Card Consumer Protection Act of 2012".

This bill would amend the Electronic Fund Transfer Act (EFTA), which is codified at 15 U.S.C. §§ 1693-1693r, to provide that "It shall be unlawful for any person to impose a dormancy fee, an inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general-use prepaid card."

This bill would also amend the EFTA and the Bankruptcy Code to provide increased consumer protections in the context of gift cards.

Sen. Richard BlumenthalSen. Blumenthal (at right) stated in the Senate that "By one estimate, Americans spent over $100 billion on gift cards in the 2011 holiday shopping season, and that nearly $2 billion of that value went unused. Today I am introducing legislation to help substantially remedy that problem and to ensure that consumers receive the full value that is stored on their gift cards." See, Congressional Record, November 26, 2012, at Page S6895.

He added that "Whether it is a bankrupt company that refuses to honor a gift certificate, a gift card with hidden fees that slowly withers down to nothing, or a ``promotional´´ gift card that expires in the virtual blink of an eye, consumers in Connecticut and across the nation are in danger of seeing the value of their gift cards disappear. The Gift Card Consumer Protection Act will stop these abusive practices."

He noted that "many in the industry already follow these practices. Best Buy, for instance, doesn't charge fees on their gift cards and they do not expire. When you get a bonus card for a purchase, that card doesn't expire or carry fees, either. The same is true for Barnes and Noble, and others."

This bill was referred to the Senate Banking Committee (SBC). Sen. Blumenthal is not a member.

Sen. DeMint to Leave Senate to Lead Heritage Foundation

12/6. Sen. Jim DeMint (R-SC) announced that he will resign from the Senate, to become President of the Heritage Foundation. See, Sen. DeMint's release.

The Heritage Foundation (HF) is a Washington DC based conservative think tank that conducts research, publishes papers, hosts events, and provides testimony on a wide range of issues. It has deep pockets and a deep bench of policy analysts. It was founded 40 years ago, but came to prominence with the election of former President Reagan, and the Republican take over of the Senate in 1980. Its offices are located on the Senate side of Capitol Hill, and its stronger ties have been with the Senate.

Sen. DeMint served three terms in the House of Representatives. He was first elected to the Senate in 2004, when former Sen. Ernest Hollings (D-SC) retired. Sen. DeMint was re-elected to the Senate in 2010. He had four years remaining in his term.

He stated in his release that "I'm leaving the Senate now, but I'm not leaving the fight. I've decided to join The Heritage Foundation at a time when the conservative movement needs strong leadership in the battle of ideas. No organization is better equipped to lead this fight and I believe my experience in public office as well as in the private sector as a business owner will help Heritage become even more effective in the years to come."

Sen. DeMint has been conservative, outspoken, and supportive of Tea Party candidates, even in intra party contests. He has also been publicly confrontational with both Democrats and fellow Senate Republicans in Senate policy debates.

With the retirements of Sen. Kay Hutchison (R-TX) and Sen. Olympia Snowe (R-ME), Sen. DeMint would have been the most senior Republican on the Senate Commerce Committee (SCC), and the most likely member to become the ranking Republican in the 113th Congress.

Sen. Jim DeMintIn information and communications technology, Sen. DeMint (at right) has been an advocate of preventing the Federal Communications Commission (FCC) from imposing network neutrality mandates on broadband internet access service providers.

More broadly, he has advocated greater reliance upon free markets in ICT. In particular, he sought to limit FCC rule making and adjudicatory discretion by introducing legislation that, if enacted, would have required the FCC to apply certain principles of antitrust law, and the economic analysis underlying antitrust.

See, S 3624 [LOC | WW], the "Freedom For Consumer Choice Act" or "FCC Act", introduced by Sen. DeMint the 111th Congress. See also, story titled "Senate Republicans Introduce Bill to Constrain FCC by Antitrust Principles" in TLJ Daily E-Mail Alert No. 2,111, July 26, 2010.

Also, in December 2005, in the 109th Congress, he introduced the predecessor bill, S 2113, the "Digital Age Communications Act of 2005" or "DACA".

FCC Chairman Julius Genachowski has reason to be relieved by Sen. DeMint's departure from the Senate.

However, Sen. John Thune (R-SD), who was first elected to the Senate in 2004 by unseating former Sen. Tom Daschle (D-SD), is next in Republican seniority on the SCC. While less confrontational than Sen. DeMint, he was also a cosponsor of the "FCC Act".

Sen. John Rockefeller (D-WV), the Chairman of the SCC, stated in a release that "I wish Jim DeMint well in his new position at the Heritage Foundation. I look forward to working with whomever the Republicans select as the Ranking Member in the 113th Congress. I know the Commerce Committee will continue to work in a bipartisan manner to create economic growth, invest in our future, and protect consumers."

Gigi Sohn, head of the Public Knowledge (PK), stated in a release that "Although it's a surprise, we welcome and extend our congratulations to Sen. DeMint on his new post at the Heritage Foundation. As a member of the think tank community, we look forward to working together on common ground issues. The future holds many opportunities for Public Knowledge and the Internet and Technology arm of the Heritage Foundation to work together."

Republicans Assigned to Subcommittees of House Commerce Committee

12/6. Rep. Fred Upton (R-MI), Chairman of the House Commerce Committee (HCC) announced the assignment of Republican members of the Subcommittees of the HCC. See, HCC release.

The Chairman and Vice Chairman of the Subcommittee on Communications and Technology will be Rep. Greg Walden (R-OR) and Rep. Bob Latta (R-OH). The other members will be Rep. John Shimkus (R-IL), Rep. Lee Terry (R-NE), Rep. Mike Rogers (R-MI), Rep. Marsha Blackburn (R-TN), Rep. Steve Scalise (LA), Rep. Leonard Lance (NJ), Rep. Brett Guthrie (KY), Rep. Cory Gardner (CO), Rep. Mike Pompeo (KS), Rep. Adam Kinzinger (IL), Rep. Billy Long (MO), Rep. Renee Ellmers (NC), Rep. Joe Barton (TX), and Rep. Upton.

The Chairman and Vice Chairman of the Subcommittee on Commerce, Manufacturing, and Trade will be Rep. Lee Terry (R-NE) and Rep. Leonard Lance (R-NE). The other members will be Rep. Marsha Blackburn (TN), Rep.Gregg Harper (MS), Rep. Brett Guthrie (KY), Rep. Pete Olson (TX), Rep. David McKinley (WV), Rep. Mike Pompeo (KS), Rep. Adam Kinzinger (IL), Rep. Gus Bilirakis (FL), Rep. Bill Johnson (OH), Rep. Billy Long (MO), Rep. Joe Barton (TX), and Rep. Upton.

See also, story titled "Rep. Upton Announces House Commerce Committee Subcommittee Chairmen for 113th Congress" in TLJ Daily E-Mail Alert No. 2,478, November 29, 2012.

More Capitol Hill News

12/6. The Senate passed HR 6156 [LOC | WW], the "Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012", a bill to establish permanent normal trade relations (PNTR) with Russia, by a vote of 92-4. See, Roll Call No. 223. The House passed this bill on November 16, 2012 by a vote of 365-43. See, Roll Call No. 608. President Obama stated in a release that "I look forward to receiving and signing this legislation."

12/5. The House passed S 3642 [LOC | WW], the "Theft of Trade Secrets Clarification Act of 2012". The Senate passed this bill on November 27, 2012. It is now ready for President Obama's signature. This is a short amendment to the Economic Espionage Act (EEA), which is codified at 18 U.S.C. § 1832, and which criminalizes theft of trade secrets. This bill is a response to the April 11, 2012 opinion of the U.S. Court of Appeals (2ndCir) in U.S. v. Aleynikov, App. Ct. No. 11-1126. The bill clarifies that the EEA covers theft of software source code. For a more detailed explanation of this bill, see story titled "Senate Passes Theft of Trade Secrets Clarification Act" in TLJ Daily E-Mail Alert No. 2,477, November 28, 2012.

12/4. Sen. Patrick Leahy (D-VT) and Sen. Chris Coons (D-DE) introduced S 3652 [LOC | WW], the "Patents for Humanity Program Improvement Act of 2012". Patent applications and other proceedings take time. The USPTO created a program in February under which it grants "acceleration certificates", based upon value judgments, to patent applicants, owners and licensees who have used patented technologies to "address humanitarian needs". This bill would make these certificates negotiable instruments, and create a market for preferential treatment. The bill was referred to the Senate Judiciary Committee (SJC), which Sen. Leahy chairs.

12/3. Rep. Mike Honda (D-CA) introduced HR 6626 [LOC | WW], the "Health Care Innovation and Marketplace Technologies Act of 2012". This is a money bill. It would create a deduction from taxable income for certain health information technology (HIT) expenses. It would create new government loan guarantee and grant programs related to HIT. It would create a new government program to award $10 Million prizes for developing HIT. It would create an "Office of Wireless Health Technology", and authorize the appropriation of $1 Million per year. It would also authorize the appropriation of $10 Million per year for training health care workers in HIT.

11/30. Rep. Lamar Smith (R-TX) introduced HR 6621 [LOC | WW], an untitled bill that would make 15 changes, some of which are minor and technical, to the "Leahy Smith America Invents Act" and the Patent Act. That Act was HR 1249 [ LOC | WW]. President Obama signed it into law on September 16, 2011. It is now Public Law No. 112-29. The just introduced bill was referred to the House Judiciary Committee (HJC).

11/30. Rep. Bobby Rush (D-IL) introduced HR 6624 [ LOC | WW], the "Family Telephone Connection Protection Act of 2012". This bill would require the Federal Communications Commission (FCC) to write rules that "ensure that charges for inmate telephone service are just, reasonable, and nondiscriminatory". It was referred to the House Commerce Committee (HCC). Rep. Rush is a member.

Judicial Appointments

12/6. The Senate confirmed Mark Walker to be a Judge of the U.S. District Court (NDFl) by a vote of 94-0. See, Roll Call No. 224.

12/6. The Senate confirmed Terrence Berg to be a Judge of the U.S. District Court (EDMich) See, Congressional Record, December 6, 2012, at Page S7689.

12/6. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved by voice vote the following judicial nominations: Katherine Failla (to be a Judge of the USDC/SDNY), Troy Nunley (USDC/EDCal), Sheri Chappell (USDC/MDFl), Pamela Ki Mai Chen (USDC/EDNY), and Mark Barnett (U.S. Court of International Trade).

More News

12/6. The Federal Trade Commission (FTC) released a notice announcing recent Hart Scott Rodino (HSR) grants of early termination of the waiting period provided by law and the premerger notification rules. The FTC granted early termination regarding (1) Equifax Inc., Computer Sciences Corporation, CSC Credit Services, Inc., No. 20130257, (2) Verizon Communications Inc., Leap Wireless International, Inc., Cricket License Company, LLC, No. 20130337, and (3) Leap Wireless International, Inc., Deutsche Telekom AG, T-Mobile License LLC, No. 20130351.

12/6. The Copyright Office (CO) published a notice in the Federal Register (FR) regarding its proposed fee schedule for filing cable and satellite statements of account. The deadline to submit initial comments is 5:00 PM on January 7, 2013. The deadline to submit reply comments is 5:00 PM on January 22, 2013. See, FR, Vol. 77, No. 235, December 6, 2012, at Pages 72788-72791.

12/6. The Federal Trade Commission (FTC) published a notice in the Federal Register (FR) regarding its new rule implementing the identity theft red flag provisions of Section 615 of the Fair Credit Reporting Act (FCRA). See, FR, Vol. 77, No. 235, December 6, 2012, at Pages 72712-72715. The FTC released a draft of this notice on November 30. See, story titled "FTC Rule Narrows Definition of Creditor in ID Theft Red Flag Rules" in TLJ Daily E-Mail Alert No. 2,481, December 3, 2012.

12/5. The U.S. Department of State released a memorandum titled "Five Myths Regarding Privacy and Law Enforcement Access to Personal Information in the European Union and the United States".

11/30. Yahoo announced in a release that "the 49th Civil Court of the Federal District of Mexico City has entered a non-final judgment of U.S. $2.7 billion against Yahoo! Inc. and Yahoo de Mexico, S.A. de C.V. in a lawsuit brought by plaintiffs Worldwide Directories S.A. de C.V. and Ideas Interactivas, S.A. de C.V. Yahoo! believes the plaintiffs' claims are without merit and will vigorously pursue all appeals. The plaintiffs alleged claims of breach of contract, breach of promise, and lost profits arising from contracts related to a yellow pages listings service."

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In This Issue
This issue contains the following items:
 • Senate Judiciary Committee Holds Over Geolocation Data Bill
 • Sen. Blumenthal Introduces Gift Card Consumer Protection Act
 • Sen. DeMint to Leave Senate to Lead Heritage Foundation
 • Republicans Assigned to Subcommittees of House Commerce Committee
 • More Capitol Hill News
 • Judicial Appointments
 • More News (FTC HSR ETs, more)
Washington Tech Calendar
New items are highlighted in red.
Friday, December 7

The House will meet at 11:00 AM.

The Senate will not meet.

8:30 AM. The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) is scheduled to release its November 2012 unemployment data.

1:00 PM. The Department of Commerce's (DOC) President's Export Council's (PEC) Subcommittee on Export Administration (SEA) will hold a partially closed meeting. See, notice in the Federal Register, Vol. 77, No. 225, November 21, 2012, at Pages 69789-69790. Location: DOC, Room 4830, Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

Monday, December 10

The Senate will meet at 2:00 PM.

9:00 AM - 5:30 PM. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hold a workshop titled "Patent Assertion Entity Activities". See, notice and agenda. Location: FTC, Satellite Building and Conference Center, 601 New Jersey Ave., NW.

10:00 AM - 12:30 PM. The Center for American Progress (CAP) will host a panel discussion titled "Investing in the Future: Higher Education, Innovation, and American Competitiveness". The speakers will include Susan Molinari (Google). See, notice. Location: CAP, 10th floor, 1333 H St., NW.

1:00 - 4:00 PM. The Federal Communications Commission's (FCC) Technological Advisory Council will meet. See, notice in the Federal Register, Vol. 77, No. 227, November 26, 2012, at Pages 70434-70435. Location: FCC, Commission Meeting Room, 445 12th St., SW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [57 pages in PDF] regarding cable TV technical rules. The FCC adopted and released this item on August 3, 2012. It is FCC 12-86 in MB Docket No. 12-217. See, notice in the Federal Register Vol. 77, No. 195, October 9, 2012, at Pages 61351-61375. See also, TLJ story titled "FCC Adopts NPRM Regarding Cable TV Technical Rules" in TLJ Daily E-Mail Alert No. 2,421, August 5, 2012.

Tuesday, December 11

9:00 - 10:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Why America Needs a National Network for Manufacturing Innovation". The speakers will be Robert Atkinson (ITIF), Dennis Dotson (Dotson Iron Castings), David Hart (George Mason University), and Celia Merzbacher ( Semiconductor Research Corporation). See, notice. Location: Room 200, Capitol Visitor Center.

10:00 AM - 12:00 NOON. The Department of Commerce's (DOC) National Advisory Council on Innovation and Entrepreneurship will meet. No webcast. This event is open to the public only via teleconference. See, notice in the Federal Register, Vol. 77, No. 234, December 5, 2012, at Page 72322. Location: DOC, Room __, 1401 Constitution Ave., NW.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Nuts and Bolts of International Cartel Enforcement". The speakers will be Kevin Goldstein (Weil Gotshal), Jennifer Chippendale (Sheppard Mullin), Patrick Harrison (Sidley Austin), and Michelle Rindone (DOJ Antitrust Division). Free. No CLE credits. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Insuring for Data Security Threats: Everything a Business Lawyer Wants to Know But Is Afraid To Ask". The speakers will be John Black (Boundas Skarzynski Walsh & Black), Erich Bublitz (Admiral Insurance Company), Janice Hugener, Winston Krone (Kivu Consulting), and Edward Morse (Creighton University School of Law). Prices vary. CLE credits. See, notice.

1:30 - 3:00 PM. TIME. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "America Invents Act: Practical Considerations for Practitioners and Inventors". The speakers will be Jonathan Sick (McAndrews Held & Malloy), Robert Titus (Eli Lilly and Company), Alysa Youngson (MH2 Technology Law Group), Nathan Prepelka (The Webb Law Firm). Prices vary. CLE credits. See, notice.

3:00 - 4:30 PM. The Copyright Office (CO) will host a panel discussion titled "The Authors Guild on the Occasion of Its 100th Anniversary: History and Future of the Professional Author". The speakers will be Scott Turow (President of the Authors Guild), John Cole (Library of Congress), Robert Massie (former President of the Authors Guild), and Peter Smith (Codex Group). See, notice. Location: Coolidge Auditorium, Jefferson Building, 101 Independence Ave., SE.

5:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing. See, notice. Location: Room HVC-304, Capitol Visitor Center.

6:00 - 9:15 PM. The DC Bar Association will host a program titled "IP Year in Review Series 2012: Part 2: The New Patent Law and More". The speakers will be Andrew Sommer (Winston & Strawn) and Bradley Wright (Banner & Witcoff). The price to attend 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.

Deadline for the Office of the U.S. Trade Representative (OUSTR) to submit its annual report to the Congress on the People's Republic of China's (PRC) compliance with its World Trade Organization (WTO) obligations. See, notice in the Federal Register, Vol. 77, No. 161, August 20, 2012, at Pages 50206-50207. See also, story titled "OUSTR to Receive Comments and Hold Hearing on PRC Compliance with WTO Obligations" in TLJ Daily E-Mail Alert No. 2,431, August 17, 2012.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to the petitions for reconsideration of its First Report and Order [67 pages in PDF] regarding spectrum for the operation of Medical Body Area Networks (MBAN). This R&O is FCC 12-54 in ET Docket No. 08-59. See, petition and petition. See also, FCC Public Notice, and notice in the Federal Register, Vol. 77, No. 222, November 16, 2012, at Pages 68721-68722.

Wednesday, December 12

TIME? The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Keeping the New Broadband Spectrum Law on Track". The witnesses will be the five FCC Commissioners. See, notice. Location: __.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on judicial nominations. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:30 AM. The Federal Communications Commission (FCC) will hold an event titled "open meeting". There are five items on the agenda: (1) NPRM on small cell use in the 3550-3650 MHz band, (2) R&O and FNPRM on expanding the 911 regime to text messaging and other technologies, (3) R&O on expanding the FCC's universal service tax and subsidy regime for health care providers, (4) R&O and Order of Proposed Modification regarding service rules for several bands, and (5) NPRM regarding service rules for the AWS H block. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., NW.

1:00 - 2:15 PM. The Federal Communications Bar Association's (FCBA) Homeland Security and Emergency Communications and International Telecommunications Committees will host a brown bag lunch titled "Canadian-US Collaboration and Coordination Across the Border". The speakers will Emilie Brown (Public Safety Canada), Brian Marenco (FCC Public Safety and Homeland Security Bureau), Cyndie Walters (U.S. Customs and Border Protection), and Rick Joyce (Venable). No CLE credits. Location: Embassy of Canada, 501 Pennsylvania Ave., NW

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Wireless Telecommunications Bureau's (WTB) and Office of Engineering and Technology's (OET) Public Notice (PN) [8 pages in PDF] regarding refreshing the record in its wireless microphones proceedings. See, January 2010 R&O and FNPRM [103 pages in PDF] (FCC 10-16). The FCC released this PN on October 5, 2012. It is DA 12-1570 in WT Docket Nos. 08-166 and 08-167 and ET Docket No. 10-24. See also, notice in the Federal Register, Vol. 77, No. 204, October 22, 2012, at Pages 64446-64450. See also, 2008 NPRM and Order (FCC 08-188) and story titled "FCC Releases NPRM on Wireless Microphones Operating in 700 MHz Band" in TLJ Daily E-Mail Alert No. 1,817, August 21, 2008. See also, story titled "FCC Seeks More Comments on Wireless Microphones" in TLJ Daily E-Mail Alert No. 2,466, October 23, 2012.

Thursday, December 13

Day one of a two day event hosted by the Practicing Law Institute (PLI) and the Federal Communication Bar Association (FCBA) titled "30th Annual Institute on Telecommunications Policy & Regulation". The price to attend ranges from free to $1,595. See, registration form. Location: Washington Hilton, 1919 Connecticut Ave., NW.

9:00 - 10:30 AM. The US Telecom and National Emergency Number Association (NENA) will host an on site and webcast event titled "USTelecom Breakfast Briefing on Next Generation 9-1-1". The speakers will be Brian Fontes, Trey Forgety, Roger Hixson and Ty Wooten (all of NENA), and Bob Gojanovich (TCS). Registration is required. See, notice and registration page. Location: USTelecom, Suite 400, 607 14th St., NW.

9:00 - 10:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "China's Indigenous Innovation Policy and the Semiconductor Industry". The speakers will be Robert Atkinson (ITIF), Dieter Ernst (East West Center), Brian Toohey ( Semiconductor Industry Association), and Alan Wolff (McKenna Long & Aldridge). See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

9:30 AM - 2:00 PM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. Location: FCC, 445 12th St., SW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of S 1223 [LOC | WW], the "Location Privacy Protection Act of 2011", sponsored by Sen. Al Franken (D-MN). See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Federal Communications Commission's (FCC) North American Numbering Council will meet. See, notice in the Federal Register, Vol. 77, No. 223, Monday, November 19, 2012, at Page 69453. The FCC has also stated that this event will be at 9:30 AM. Location: FCC, Room 5-C162, 445 12th St., SW.

10:00 AM. The House Intelligence Committee (HIC) will hold a closed business meeting. The agenda includes "Investigative Report on the U.S. National Security Issues Posed by Chinese Telecommunications Companies Huawei and ZTE".See, HIC notice. See also, story titled "House Intelligence Committee Report Finds Huawei and ZTE Could Undermine US National Security" in TLJ Daily E-Mail Alert No. 2,461, October 15, 2012. Location: Room HVC-304, Capitol Visitor Center.

10:30 AM. The House Intelligence Committee (HIC) will hold a closed hearing. See, notice. Location: Room HVC-304, Capitol Visitor Center.

12:00 NOON - 2:00 PM. The DC Bar Association will host an event titled "Obviousness Since KSR: Views From the Bench and the Bar Regarding Recent Developments in the Law". See, 2007 opinion of the Supreme Court, and story titled "Supreme Court Rules on Patent Obviousness in KSR v. Teleflex" in TLJ Daily E-Mail Alert No. 1,576, May 7, 2007. The speakers will be former Judge Paul Michel, Theodore Essex (Administrative Law Judge, U.S. International Trade Commission), Roderick McKelvie (Covington & Burling), Jonas Anderson (American University law school), and Jeffrey Fougere (Sterne Kessler). The price to attend ranges from $25 to $35. 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: Sterne Kessler, 9th floor, 1100 New York Ave., NW.

12:30 - 1:45 PM. The Center for Strategic and International Studies (CSIS) will host an event titled "China, Japan, South Korea Trilateral Cooperation: Implications for Northeast Asian Politics and Order". See, notice. Location: CSIS, B1 C conference room, 1800 K St., NW.

LOCATION CHANGE. 3:00 PM. The Tech Freedom (TF) and Competitive Enterprise Institute (CEI) will host a panel discussion titled "CopyRIGHT: Can Free Marketeers Agree On Copyright Reform?". The speakers will be Berin Szoka (TF), Jerry Brito (Mercatus Center at George Mason University), Larry Downes, Geoffrey Manne (Lewis & Clark Law School), and Adam Mossoff (George Mason University School of Law), and Ryan Radia (CEI). Location: Room HC-8, Capitol Building Room 1310, Longworth Building.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Annual Chairman's Dinner". Prices vary. Location: Washington Hilton, 1919 Connecticut Ave., NW.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) in response to its Public Notice (PN) regarding Next Generation 911 (NG911) services. This PN is DA 12-1831 in PS Docket Nos. 10-255, 11-153, and 12-333. The FCC released it on November 13, 2012.

Friday, December 14

Day two of a two day event hosted by the Practicing Law Institute (PLI) and the Federal Communication Bar Association (FCBA) titled "30th Annual Institute on Telecommunications Policy & Regulation". The price to attend ranges from free to $1,595. See, registration form. Location: Washington Hilton, 1919 Connecticut Ave., NW.

9:00 AM - 4:30 PM. The Department of Commerce's (DOC) Bureau of the Census's Federal Economic Statistics Advisory Committee will meet. See, notice in the Federal Register, Vol. 77, No. 229, November 28, 2012, at Page 70992. Location: Census Bureau Conference Center, 4600 Silver Hill Road, Suitland, MD.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in inContact, Inc. v. FCC, App. Ct. No. 12-1133. This is a challenge to a universal service tax assessment. See, FCC brief [37 pages in PDF]. Judges Garland, Griffith and Randolph will preside. This is the second of three items on the Court's agenda. Location: USCA Courtroom, 5th floor, Prettyman Courthouse, 333 Constitution Ave., NW.

10:30 AM - 3:30 PM. The Federal Communications Commission's (FCC) Emergency Access Advisory Committee will meet. See, notice in the Federal Register, Vol. 77, No. 228, November 27, 2012, at
Pages 70777-70778. Location: FCC, Commission Meeting Room, 445 12th St.,  SW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-164 [33 pages in PDF] titled "Guidelines on Hardware-Rooted Security in Mobile Devices".

EXTENDED FROM NOVEMBER 30. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (NPRM) [146 pages in PDF] regarding its program access rules. The FCC adopted and released this item on October 5, 2012. It is FCC 12-123 in MB Docket No. 12-68. See, notice in the Federal Register, Vol. 77, No. 211, October 31, 2012, at Pages 66052-66065, and stories titled "FCC Lets Expire Its Per Se Ban on Exclusive Program Distribution Contracts", "FCC Adopts Report and Order on Program Access Rules", "FCC Adopts NPRM on Case by Case Analysis of Exclusive Contracts", and "Reaction to FCC's Program Access Order" in TLJ Daily E-Mail Alert No. 2,460, October 6, 2012. See also, extension notice in the Federal Register, Vol. 77, No. 234, December 5, 2012, at Pages 72295-72296.