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Wednesday, March 6, 2013, Alert No. 2,531.
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Google Discloses that it Receives FBI NSLs

3/5. Google released a statement regarding its receipt of, and compliance with, National Security Letters (NSLs) from the Federal Bureau of Investigation (FBI).

It is significant merely that Google is publicly addressing this subject. Most companies do not. Also, over many years many representatives of internet and communications companies have refused to discuss this subject with TLJ.

However, Google's letter discloses little. For example, it states that for the year 2012, Google received somewhere between 0 and 999 NSLs that pertained to somewhere between 1,000 and 1,999 "Users/Accounts". For the year 2011, the numbers fell within the same ranges.

Google wrote that is used these ranges "to address concerns raised by the FBI, Justice Department and other agencies that releasing exact numbers might reveal information about investigations".

An NSL, which is just one of many surveillance tools available to the FBI, enables the FBI to demand from phone companies, and anything that the FBI considers to be an "electronic communication service", records regarding its customers or users, such as their names, addresses, and billing information. The FBI does not need any kind of court approval. It issues the NSL itself. However, the FBI cannot use an NSL to listen to a phone conversation.

Also, Google wrote in its statement that it requires "that government agencies use a search warrant if they're seeking search query information or private content, like Gmail and documents, stored in a Google Account".

Google also stated that "people don't always use our services for good, and it's important that law enforcement be able to investigate illegal activity. This may involve requests for personal information. When we receive these requests, we ... scrutinize them carefully to ensure they satisfy the law and our policies" and "seek to narrow requests that are overly broad".

More on NSLs. NSL authority is codified at 18 U.S.C. § 2709. NSLs do not require a warrant or other prior court authorization, and hence, are inherently subject to abuse, and have in fact have been widely abused. They enable the Department of Justice's (DOJ) FBI to obtain records, including subscriber, billing and call records of phone companies and ISPs. NSLs also apply to libraries to the extent that they are providing an electronic communication service (ECS).

ECS is defined at 18 U.S.C. § 2510. ECS is a term created by the 1986 Electronic Communications Privacy Act (ECPA), based upon technology as it existed prior to the enactment of the ECPA. The application of this and other 1986 terms to current technologies is no longer clear, and in the hands of FBI lawyers, is quite elastic and expansive. However, one thing is clear. Google is treated as an ECS for the purposes of Section 2709.

Section 2709 provides that "A wire or electronic communication service provider shall comply with a request for subscriber information and toll billing records information, or electronic communication transactional records in its custody or possession" that is made by the FBI Director or certain other officials at the DOJ or FBI.

NSLs require no warrant or judicial approval of any kind. They can be issued by the FBI Director "or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director".

The NSL can demand production of any "name, address, length of service, and local and long distance toll billing records of a person or entity".

The closest thing to a standard or limitation in this section is that the person who issues the NSL must certify in writing that the information sought is "relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities".

The FBI is also authorized by this section to issue a gag order that prohibits the recipient from disclosing that it has received an NSL. This section provides that "no wire or electronic communications service provider, or officer, employee, or agent thereof, shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request) that the Federal Bureau of Investigation has sought or obtained access to information or records under this section." (Parentheses in original.)

The DOJ and FBI have a history of violation of Section 2709. The DOJ's Office of the Inspector General (OIG) released three lengthy reports in 2007, 2008 and 2010 that disclosed long running, egregious and patently obvious disregard by the FBI for surveillance laws, including Section 2709.

The General Counsel at the time of the violations covered by these reports was Valerie Caproni. She is now Deputy General Counsel at Northrop Grumman Corporation. President Obama nominated her to be a Judge of the U.S. District Court (SDNY) on November 14, 2012, and re-nominated her on January 3, 2013. Her nomination is pending.

For more on NSLs, FBI violation of its NSL authority, and Caproni, see story titled "Obama Nominates Caproni to District Court" in TLJ Daily E-Mail Alert No. 2,474, November 19, 2012.

The DOJ/OIG surveillance abuse reports are as follows:

  • January 20, 2010 redacted report [306 pages in PDF] titled "A Review of the Federal Bureau of Investigation's Use of Exigent Letters and Other Informal Requests for Telephone Records"
  • March 13, 2008, report [PDF] titled "A Review of the FBI's Use of National Security Letters: Assessment of Corrective Actions and Examination of NSL Usage in 2006"
  • March 9, 2007, report [PDF] titled "A Review of the Federal Bureau of Investigation's Use of National Security Letters"
EC Demands Money from Microsoft Again

3/6. The European Commission (EC) demanded that Microsoft give it another 561 Million Euros because Microsoft shipped some computers without the EC mandated "browser choice screen".

The EC stated in a release that "Microsoft failed to roll out the browser choice screen with its Windows 7 Service Pack 1 from May 2011 until July 2012. 15 million Windows users in the EU therefore did not see the choice screen during this period."

The EC did not make a new finding of anti-competitive conduct. Rather, it concluded that Microsoft violated commitments that it was compelled to make after a previous EC finding of anti-competitive conduct.

This relates to regulatory proceedings in the US and Europe that date back to 1998, when the U.S. Department of Justice's (DOJ) Antitrust Division sued Microsoft in the U.S. District Court (DC). These single firm conduct cases involve allegations of tying an operating system to an internet browser. The DOJ wrapped up its case over a decade ago. The decade long supervision by the District Court is over. Moreover, the market share of both Microsoft's OS and browser have significantly eroded, and technologies have moved on. However, the EC has not.

Joaquín Almunia, the EC's VP for Competition Policy, gave a speech on March 6 in which he asserted that this matter is "very serious" and warrants a payment of 561 Million Euros.

However, these assertions are further undercut by the fact that the foul for which Microsoft was just fined was afoot for fourteen months before the EC or any of Microsoft's critics, competitors or consumers, noticed anything amiss.

The EC has repeatedly demanded money from Microsoft in this long running proceeding. The EC demanded 497 Million Euros from Microsoft back in 2004. See, stories titled "European Commission Seeks 497 Million Euros and Code Removal from Microsoft" in TLJ Daily E-Mail Alert No. 863, March 25, 2004, and "European Commission Releases Microsoft Decision" in TLJ Daily E-Mail Alert No. 883, April 23, 2004.

The EC demanded another 899 Million Euros from Microsoft in 2008. See, story titled "EC Demands More Money From Microsoft" in TLJ Daily E-Mail Alert No. 1,723, February 26, 2008.

Microsoft is a US based technology company. The companies that have complained to antitrust regulators around the world about Microsoft are mostly US companies.

Google is another US based technology company. Microsoft and other US based companies have endeavored to induce the same regulatory wrath against Google that it Microsoft has experienced. The EC is still conducting an antitrust investigation of Google that is redundant of an already completed US investigation.

The EC has not yet concluded whether it will demand money from Google, and/or order Google to change  its business practices.

The U.S. Federal Trade Commission (FTC) finished its investigation of Google in January of this year. It concluded that it will take no action against Google with respect to search bias. It also reached a settlement with Google that imposed some minor requirements with respect to Google's alleged abuse of standards essential patents (SEPs) for which it was bound by FRAND commitments. See, story titled "FTC Concludes Its Investigation of Google" in TLJ Daily E-Mail Alert No. 2,504, January 7, 2013.

The EC also investigated and faulted Intel, another US based technology company that also faced a parallel FTC action. See, stories titled "FTC and Intel Settle Antitrust Claims", "FTC and Intel Settle Antitrust Claims", and "Commentary on Antitrust Processes" in TLJ Daily E-Mail Alert No. 2,018, August 4, 2010.

The EC demanded over 1 Billion Euros from Intel in 2009. See, story titled "European Commission Initiates Proceeding Against Intel Alleging Anticompetitive Behavior" in TLJ Daily E-Mail Alert No. 1,617, July 26, 2007, story titled "EC Fines Intel One Billion Euros" in TLJ Daily E-Mail Alert No. 1,937, May 12, 2009, and story titled "EC Releases Intel Decision" in TLJ Daily E-Mail Alert No. 1,986, September 22, 2009.

Joaquin AlmuniaAlmunia (at right) stated in the EC release that "In 2009, we closed our investigation about a suspected abuse of dominant position by Microsoft due to the tying of Internet Explorer to Windows by accepting commitments offered by the company. Legally binding commitments reached in antitrust decisions play a very important role in our enforcement policy because they allow for rapid solutions to competition problems. Of course, such decisions require strict compliance. A failure to comply is a very serious infringement that must be sanctioned accordingly."

Neither the FTC nor the Antitrust Division released statements regarding this latest action by the EC, or the EC's redundant regulation of US companies generally.

Microsoft stated in a release that "We take full responsibility for the technical error that caused this problem and have apologized for it. We provided the Commission with a complete and candid assessment of the situation, and we have taken steps to strengthen our software development and other processes to help avoid this mistake -- or anything similar -- in the future."

OUSTR Releases 2013 Trade Policy Statement

3/1. The Office of the U.S. Trade Representative (OUSTR) released a document [382 pages in PDF] titled "The President's 2013 Trade Policy Agenda".

USTR Ron Kirk stated in a release that this document "calls for continued progress and bold steps".

This report contains rhetorical support for other countries buying more things from the U.S., and other countries removing their barriers to free trade.

However, the Obama administration has not negotiated any bilateral free trade agreements (FTAs) that would facilitate expanded exports and imports. Nor has it sought the trade promotion authority (TPA) that would facilitate obtaining Congressional approval of FTAs.

However, this report states that "we will also work with Congress on Trade Promotion Authority".

This document also states that "the Administration will continue to advance negotiations for the Trans-Pacific Partnership (TPP)" and intends "to launch negotiations with the EU on a comprehensive Transatlantic Trade and Investment Partnership (TTIP)".

Sen. Orrin Hatch (R-UT), ranking Republican on the Senate Finance Committee, stated in a release that "Negotiations to conclude a Trans-Pacific Partnership and launching negotiations with the European Union are promising starts. But a strong trade agenda is more than just starting negotiations, it requires making the tough political choices necessary to conclude them and close cooperation and consultation with Congress to ensure any trade agreement ultimately becomes law."

Sen. Orrin HatchSen. Hatch (at right) continued that "Trade Promotion Authority (TPA) is the lynchpin that brings these elements together. It articulates a shared trade vision for our country, and lays out clear rules and procedures for consultation and consideration of any trade agreement. And while I’m pleased that the White House has finally heeded my call and is asking for its renewal, making TPA a reality requires more than talk, it demands real leadership and action from the President. Every President since FDR has sought this authority from Congress, because they’ve understood that trade is good for America."

He added that "According to the World Trade Organization (WTO), an estimated 400 free trade agreements (FTA) were implemented around the world by the end of 2010, more than half of which were negotiated since 2002. Yet the United States has only 14 agreements with 20 countries in force -- with two more under negotiation. Our stagnant economy needs the boost that trade can provide."

Rep. Dave Camp (R-MI), Chairman of the House Ways and Means Committee, stated in a release that "we’ve made significant progress in the Trans-Pacific Partnership negotiations, and I hope that the Administration will conclude a high-level, comprehensive agreement by October.  In addition, the International Services Agreement, a U.S.-EU trade agreement, a WTO agreement on trade facilitation, and an expansion of the Information Technology Agreement would bring significant gains to our sluggish economy.  However, I am disappointed that the Administration has not engaged with Congress concerning Trade Promotion Authority."

WTO ITA. The OUSTR document states that the US will "play a leading role in negotiations to expand the scope of products covered by the WTO Information Technology Agreement (ITA). The ITA entered into force in 1997 and now covers over $4 trillion in annual global trade, according to the Information Technology and Innovation Foundation. However, despite the tremendous technological development and innovation in the sector over the past 16 years, the ITA’s product coverage has never been expanded. Eliminating duties on the newer products that have been developed and the advances still to come would provide a significant boost for U.S. technology exports and enable all countries to benefit from increased trade flows of cutting edge products and innovation."

Intellectual Property. The OUSTR document states that the US "will continue to seek greater market access for IP-intensive U.S. products, and to protect job-supporting innovation in a balanced policy that benefits both producers and users of innovative products and services worldwide." The US will also "engage with all of our trading partners to make progress on key IP trade-related issues."

It states that "will closely monitor implementation of China’s bilateral and WTO commitments to respect and protect U.S. intellectual property, and will work with China to improve intellectual property protection and enforcement".

In particularly, "we will seek prompt implementation of China’s 2012 commitments on intellectual property, including the commitments regarding the use of legal software by Chinese enterprises, as well as audits of software on computers used by the Chinese government. We will also closely monitor implementation of China’s February 2012 agreement, which followed the United States' win in a WTO dispute, to increase market access significantly for U.S. movies being imported and shown in China’s theaters."

In TPP negotiations, the US seeks "state-of-the-art, high-standard provisions that will protect and promote the spread of IP-intensive products and services throughout the entire region".

It adds that the "We will continue to seek constructive input from Congress and stakeholders on a wide range of trade issues related to the protection and enforcement of copyrights, trademarks, patents, trade secrets, and other forms of intellectual property. Such input helped to shape a 2012 U.S. proposal that would, for the first time in any U.S. trade agreement, obligate TPP Parties to seek to achieve an appropriate balance in their copyright systems in providing copyright exceptions and limitations for purposes such as criticism, comment, news reporting, teaching, scholarship, and research."

It also states that the US "will continue consultations with Japan on its interest in the TPP, focusing on Japan’s readiness to meet the TPP’s high standards and address U.S. concerns in key sectors such as automotive and insurance. At the same time, the United States will engage with Japan through bilateral mechanisms to reduce regulatory and other barriers to U.S. exports and to enhance two-way trade." See also, story titled "Japan May Join TPPA Negotiations" in TLJ Daily E-Mail Alert No. 2,527, February 25, 2013.

It also addresses the OUSTR's Special 301 process. It states that the US will use this process "and a broad array of other trade policy tools to identify and resolve intellectual property rights issues and related market access issues of concern. We will continue to collaborate with our trading partners to develop and implement solutions to issues of concern, and to encourage reforms that support innovation and creativity through consistent application and enforcement of the rule of law."

In This Issue
This issue contains the following items:
 • Google Discloses that it Receives FBI NSLs
 • EC Demands Money from Microsoft Again
 • OUSTR Releases 2013 Trade Policy Statement
Washington Tech Calendar
New items are highlighted in red.
Wednesday, March 6

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House will consider HR 933 [LOC | WW], the "Department of Defense, Military Construction and Veterans Affairs, and Full-Year Continuing Appropriations Act, 2013". See, Rep. Cantor's schedule.

The Senate will meet at 9:30 AM. Sen. Reid's schedule lists consideration of the nomination of Caitlin Halligan to be a Judge of the U.S. Court of Appeals (DCCir).

RESCHEDULED FOR MARCH 14. The Federal Communications Commission's (FCC) Communications Security, Reliability, and Interoperability Council (CSRIC) will meet. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Department of Justice". The witness will be Attorney General Eric Holder. Webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in eBay v. Kelora Systems, App. Ct. No. 2012-1474, an appeal from the U.S. District Court (NDCal) in a patent case. Location: Courtroom 201.

POSTPONED. 10:30 AM. The House Homeland Security Committee (HHSC) will hold a hearing titled "DHS Cybersecurity: Roles and Responsibilities to Protect the Nation's Critical Infrastructure". The witnesses will be Janet Napolitano (Secretary of Homeland Security), Anish Bhimani (Financial Services Information Sharing and Analysis Center), Gary Haynes (Centerpoint Energy), Dean Garfield (Information Technology Industry Council), and Michelle Richardson (ACLU). See, notice. Location: Room 311, Cannon Building.

POSTPONED. 11:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, Science, and Related Agencies will hold a hearing on the budget for the National Science Foundation (NSF). See, notice. Location: Room H-309, Capitol Building.

3:00 PM. The Copyright Office (CO) will host a presentation by David Nimmer titled "50th Anniversary of Nimmer on Copyright". See, notice. Location: Coolidge Auditorium, Jefferson Building, 101 Independence Ave., SE.

Thursday, March 7

The House will meet at 12:00 NOON.

The Senate will meet at 10:00 AM. Sen. Reid's schedule lists consideration of the nomination of John Brennan to be Director of the Central Intelligence Agency (CIA).

8:30 AM. The House Intelligence Committee HIC) will hold a business meeting. See, notice. Location: Room HVC-304, House Visitor Center.

POSTPONED. 9:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property and the Internet will hold a hearing titled "Abusive Patent Litigation: The Impact on American Innovation & Jobs, and Potential Solutions". The witnesses will be Mark Chandler (Cisco Systems), Janet Dhillon (JC Penney), John Boswell (SAS Institute), Graham Gerst (Global IP law Group), Philip Johnson (Johnson & Johnson), and Dana Rao (Adobe Systems). See, HJC notice. See also, stories titled "Rep. DeFazio and Rep. Chaffetz Introduce SHIELD Act" and "Summary of HR 845, the SHIELD Act" in TLJ Daily E-Mail Alert No. 2,529, March 4, 2013. Location: Room 2141, Rayburn Building.

9:00 AM - 3:30 PM. The U.S. China Economic and Security Review Commission will hold a hearing titled "Corporate Accountability, Access to Credit, and Access to Markets in China’s Financial System -- the Rules and their Ramifications for U.S. Investors". Open to the public. Free. See, notice. Location: Room 562, Dirksen Building.

9:30 - 10:30 AM The New America Foundation (NAF) will host a panel discussion titled "Big Data: A Revolution That Will Transform How We Live, Work, and Think". The speakers will be Kenneth Cukier (The Economist) and Viktor Schonberger (Oxford University). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

LOCATION CHANGE. 10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of several gun bills, and the nominations numerous judicial nominees: Sheri Chappell (USDC/MDFl), Kenneth Gonzales (USDC/DNMex), Michael McShane (USDC/DOre), Nitza Alejandro (USDC/EDPenn), Luis Restrepo (USDC/EDPenn), and Jeffrey Schmehl (USDC/EDPenn). See, notice. Webcast. Location: Room 226, Dirksen Building. Room 216, Hart Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Apple v. ITC, App. Ct. No. 2012-1338, an appeal from the U.S. International Trade Commission in a Section 337 proceeding involving whether Motorola Mobility mobile devices and software infringe Apple patents. The proceeding is USITC No. 337-TA-750. Location: Courtroom 203.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in TecSec v. IBM, App. Ct. No. 2012-1415, an appeal from the U.S. District Court (EDVa) in a patent infringement case involving encryption technology. Location: Courtroom 203.

2:30 PM. The Senate Commerce Committee (SCC) and Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a joint hearing titled "The Cybersecurity Partnership Between the Private Sector and Our Government: Protecting our National and Economic Security". The SCC's notice states that this hearing will examine President Obama's Executive Order of February 13, 2013. See, story titled "Obama Signs Cyber Security Order and Policy Directive" in TLJ Daily E-Mail Alert No. 2,525, February 19, 2013. Webcast. Location: Room G-50, Dirksen Building.

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

Friday, March 8

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

8:30 AM. The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) is scheduled to release its February 2013 unemployment data.

12:00 NOON - 1:30 PM. The Net Caucus will host a panel discussion titled "Combating Piracy Online: The Copyright Alert System, A Voluntary Approach". The speakers will be Jill Lesser (Center for Copyright Information), Jerry Berman (Net Caucus), Jules Polonetsky (Future of Privacy Forum), Gigi Sohn (Public Knowledge), Thomas Dailey (Verizon), Mitch Glazier (Recording Industry Association of America), Marianne Grant (Motion Picture Association of America), and Brent Olson (AT&T). Free. A box lunch will be served. See, notice. Location: Room 2168, Rayburn Building.

Sunday, March 10

EXTENDED FROM JANUARY 10. Deadline to submit comments to the Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) in connection with their joint workshop on December 10, 2012, titled "Patent Assertion Entity Activities". See, notice and agenda.

Monday, March 11

1:00 - 2:30 PM. The New America Foundation (NAF) will host a panel discussion titled "Foreign Policy for the Information Age: Managing Transparency and Volatility". The speakers will be Lorelei Kelly (NAF), Gerald Hyman (Center for Strategic and International Studies), Joseph Siegle (National Defense University), Jim Herlong, Tim Maurer (NAF), and Shanthi Kalathil. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

Tuesday, March 12

9:00 - 10:30 AM. The Center for Strategic and International Studies (CSIS) will host
a panel discussion titled "Implementation of the KORUS FTA: A One-Year Anniversary Commemoration". The speakers will be John Hamre (CSIS), Donald Manzullo (Korea Economic Institute of America), Y.J. Choi (Korea Ambassador to the US), Kathy Stephens, Karan Bhatia (GE),
Scott Miller (CSIS), and Matthew Goodman (CSIS). See, notice. Location: CSIS, B-1 Conference Center, 1800 K St., NW.

10:00 AM - 12:00 NOON. The Senate Banking Committee (SBC) will hold a hearing on the nomination of Mary Jo White to be Chairman of the Securities and Exchange Commission (SEC). See, notice. Location: Room 538, Dirksen Building.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will hold an event at which Bill Lake and other officials from the FCC's Media Bureau will speak. Free. The FCBA states that this is an FCBA event. Location: National Association of Broadcasters (NAB), 1771 N St., NW.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Oversight of the Federal Communications Commission". See, notice. Location: Room 253, Russell Building.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a hearing titled "Current and Projected National Security Threats to the United States". This event is open to the public. See, notice. Location: Room 216, Hart Building.

3:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Financial Services and General Government will hold a hearing on the Securities and Exchange Commission (SEC). The witness will be SEC Inspector General Carl Hoecker. See, notice. Location: Room 2359, Rayburn Building.

EXTENDED FROM FEBRUARY 19. Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [205 pages in PDF] regarding incentive auctions. The FCC adopted this NPRM on September 28, and released the text on October 2. It is FCC 12-118 in Docket No. 12-268. See, notice in the Federal Register,  Vol. 77, No. 225, November 21, 2012, at Pages 69933-69992. See also, stories titled "FCC Adopts NPRM on Incentive Auctions" and "FCC Adopts Spectrum Aggregation NPRM" in TLJ Daily E-Mail Alert No. 2,455, October 1, 2012. See, extension notice in the Federal Register, Vol. 77, No. 239, December 12, 2012, at Page 73969.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding IP Captioned Telephone Service. This item is FCC 13-13 in CG Docket Nos. 13-24 and 03-123. The FCC adoptd this item on January 24, 2013, and released the text on January 25. See, notice in the Federal Register, Vol. 78, No. 24, February 5, 2013, at Pages 8090-8096.

Wednesday, March 13

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, Homeland Security and Investigations will hold a hearing titled "Investigating and Prosecuting 21st Century Cyber Threats". The witnesses will be __. See, notice. Location: Room 2237, Rayburn Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution and Civil Justice will hold a hearing titled "Examination of Litigation Abuses". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

1:30 PM. The American Enterprise Institute (AEI) will host an event titled "The US-Japan alliance in action: Threats to thwart, opportunities to seize". The speakers will be Michael Auslin (AEI), Jim Zumwalt (Department of State), Yusuke Anami (Tohoku University Graduate School), Bruce Klingner (Heritage Foundation), Tetsuo Kotani (Japan Institute of International Affairs) and Yoshiji Nogami (Japan Institute of International Affairs). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

2:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Asia and the Pacific will hold a hearing titled "The Rebalance to Asia: Why South Asia Matters: Part II". The witnesses will be Walter Lohman (Heritage Foundation), Vikram Nehru (Carnegie Endowment for International Peace), Sadanand Dhume (American Enterprise Institute), and Sanjay Puri (Alliance for U.S. India Business). See, notice. Location: Room 2172, Rayburn Building.

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