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Monday, March 18, 2013, Alert No. 2,535.
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Congressional Democrats Express Concern About Japanese Participation In TPP Negotiations

3/14. A group of 43 Democratic Representatives and Senators, mostly from rust belt states, sent a letter to President Obama in which they expressed concern about Japan joining the ongoing Trans-Pacific Partnership (TPP) agreement negotiations.

They complain that Japan is closed to the U.S. auto sector. They concede the "elimination of Japanese auto tariffs in 1970s".

However, they allege that other Japanese practices block U.S. products, including "currency manipulation; a discriminatory system of taxes; onerous and costly vehicle certification procedures for imported automobiles; a complex and changing set of safety, noise, and pollution standards, many of which do not conform to international standards and add significant development and production costs for automobiles exported to Japan".

As a result, the letter states, only 5.9% of cars sold in Japan in 2012 were imported.

The letter argues that "Japan's participation in TPP threatens to make matters worse. In an industry with razor-thin profit margins, the elimination of the 2.5 percent car tariff (as well as the 25 percent truck tariff) would be a major benefit to Japan without any gain for a vital American industry, leading to more Japanese imports, less American production, and fewer American jobs." (Parentheses in original.)

No Republicans signed the letter. None of the Silicon Valley area Democrats signed the letter. Nor did Sen. Max Baucus (D-MT), the Chairman of the Senate Finance Committee (SFC), or other farm and ranch Democrats whose districts export much of what they produce.

Acting USTR Marantis Welcomes Japan's Interest in TPP Negotiations

3/15. Acting U.S. Trade Representative Demetrios Marantis stated in a release that the U.S. "welcomes Prime Minister Abe's important announcement formally expressing Japan’s interest in joining the Trans-Pacific Partnership negotiations".

Demetrios MarantisMarantis (at right) added that "Since early last year, the United States has been engaged with Japan in bilateral TPP consultations on issues of concern with respect to the automotive and insurance sectors and other non-tariff measures, and also conducting work regarding meeting TPP’s high standards."

"While we continue to make progress in these consultations, important work remains to be done. We look forward to continuing these consultations with Japan as the 11 TPP countries consider Japan’s candidacy for this vital initiative in the Asia-Pacific region. We will continue to consult with Congress and stakeholders as we proceed."

See also, stories titled "Japan May Join TPPA Negotiations" and "Abe Advocates Rules for Trade, Investment and IP" in TLJ Daily E-Mail Alert No. 2,527, February 25, 2013.

Donilon Addresses TPP

3/11. Tom Donilon, National Security Advisor to President Obama, gave a speech on March 11, 2013 in New York City titled "The United States and the Asia-Pacific in 2013". He addressed, among other topics, negotiation of the Trans-Pacific Partnership (TPP) and the "the U.S. rebalance toward the Asia-Pacific".

He said that the Obama administration has worked in the Asia Pacific region to "increase and protect investment, expand trade in key areas, and protect intellectual property". He argued for "economies that are open and transparent, and trade and investment that are free, fair and environmentally sustainable".

He continued that the "centerpiece of our economic rebalancing" in the Asia Pacific region is the TPP.

"The TPP is built on its members’ shared commitment to high standards, eliminating market access barriers to goods and services, addressing new, 21st century trade issues and respect for a rules-based economic framework. We always envisioned the TPP as a growing platform for regional economic integration. Now, we are realizing that vision -- growing the number of TPP partners from seven when President Obama took office to four more: Vietnam, Malaysia, Canada and Mexico."

He also said that "the United States is working hard with the other parties to complete negotiations by the end of 2013.  Let me add that the TPP is intended to be an open platform for additional countries to join -- provided they are willing and able to meet the TPP's high standards".

More TPP News

3/15. Jay Timmons, head of the National Association of Manufacturers (NAM), stated in a release on March 15 that "Manufacturers welcome Japan's intention to join the Trans-Pacific Partnership negotiations. A successful and ambitious TPP agreement will open up new opportunities in overseas markets and eliminate barriers for U.S.-manufactured exports, sustaining and creating jobs for American workers." However, he added this qualification: "as long as they join the negotiations on a comprehensive basis." He also said that "It is important that the negotiations are not slowed down and countries commit to the same level of high ambition as the existing TPP countries."

3/15. The Business Roundtable announced in a release on March 15 that it "welcomes the announcement by Japanese Prime Minister Shinzo Abe that Japan will seek to join the Trans-Pacific Partnership (TPP)."

Obama Picks IT Nemesis Tom Perez to Be Secretary of Labor

3/18. President Obama gave a speech in which he announced that he will nominate Tom Perez to be Secretary of Labor. Perez is currently Assistant Attorney General (AAG) in charge of the Department of Justice's (DOJ) Civil Rights Division (CRD).

Perez and the CRD Deputy Assistant Attorney Generals have asserted by administrative fiat authority under the Americans with Disabilities Act (ADA) to regulate web sites, a wide range new information technologies, and IT devices.

He has won the distrust and enmity of some Republican Senators, but not because of his stands on regulation of IT. Perez has a troubled and confrontational relationship with some Republicans on the Senate Judiciary Committee (SJC) due to issues such as federal regulation and oversight of voting, and his disregard for the language of some statutes.

For decades this post has been held my mostly controversial and ideological nominees who have been criticized by members of the opposing party. Nominees for CRD AAG have tended to come from the political edges of their parties. Because of this, and the inherently political and ideological nature of some of the tasks of the CRD, this post has not been a stepping stone to higher federal office. Hence, the President's effort to elevate him to the cabinet level is both unusual and risky.

Tom PerezPerez (at left) claimed in a speech on July 26, 2012, that "the ADA applies to websites". And, he threatened that "Companies that do not consider accessibility in their website or product development will come to regret that decision, because we intend to use every tool at our disposal to ensure that people with disabilities have equal access to technology and the worlds that technology opens up."

Prior AAG's have made such assertions, but not as broadly as Perez. Also, Perez, like those who threatened the IT sector before him, has failed to follow through. For example, he initiated four rule making proceedings in 2010. But, to the good fortune of innovation, technology and the US economy, he has not completed any of these.

In late July of 2010, the CRD released four Advance Notice of Proposed Rulemakings (ANPRMs) that proposed broad expansions of Title III regulation to cover among other things, web sites, 911 call taking centers, close captioning and video description for movies shown by movie theater owners or operators, and "electronic and information technology (EIT) equipment and furniture, such as kiosks, interactive transaction machines (ITMs), point-of-sale (POS) devices, and automated teller machines (ATMs)".

See, ANPRM that proposes ADA based regulation of web sites, ANPRM for close captioning and video description, ANPRM for 911 call taking centers, and ANPRM for IT equipment. See also, story titled "DOJ/CRD Releases Advance NPRMs Proposing Expansion of ADA" in TLJ Daily E-Mail Alert No. 2,111, July 26, 2010.

The CRD released these APNRMs three months before the 2010 midterm elections. It solicited comments. The election passed. The rest was silence. The CRD might have sought supplemental comments, or to refresh the record. But, it did not. The next step would have been to issue NPRMs. But, the CRD issued none. Two years and eight months after the release of the ANPRMs, there are no rules.

Sen. Tom Harkin (D-IA), who was first elected to the Senate in 1984, is not running for re-election in 2014. The first time that a CRD AAG asserted authority to regulate IT under the ADA was in 1996, in response to a letter from Sen. Harkin. See, September 9, 1996 letter signed by Deval Patrick.

Also, last week Sen. Harkin introduced a bill that would require certain movie theater operators to provide video captioning and video description in movie theaters. One of Perez's uncompleted rule making proceedings would have done this. See, S 555 [LOC | WW], the "Captioning and Image Narration to Enhance Movie Accessibility Act'' or "CINEMA Act".

The Clinton CRD then did nothing to implement the Harkin letter. Although, four years later, just before the 2000 election, it filed an amicus curiae brief with the U.S. Court of Appeals (5thCir) asserting that Title III applies to web sites. Both the District Court and the Court of Appeals held that Title III applies only to physical places, and not to the web site defendant. See, Hooks v. OKbridge, 232 F.3d 208 (2000).

The Bush CRD did not implement the Harkin letter. It made no public statement regarding the subject. For eight years DOJ employees declined to answer questions from TLJ regarding the issue.

The Obama CRD, under the leadership of Perez and DAAG Samuel Bagenstos (who is now at the University of Michigan law school), resurrected the 1996 letter and asserted that the CRD position had been clear and consistent all along -- that the ADA applies to web sites and IT.

First, the CRD took actions under the ADA directed at Amazon Kindle e-book reader devices. Cognizant of the weakness of its position, the CRD did not sue Amazon, but rather reached negotiated settlements with university users of Kindles. See, story titled "DOJ CRD Regulates eBook Reader Design" in TLJ Daily E-Mail Alert No. 2,080, April 26, 2010.

Second, the CRD's Bagenstos testified before the House Judiciary Committee's (HJC) Subcommittee on the Constitution, Civil Rights, and Civil Liberties, asserting broad authority under the ADA, and stating that the CRD would write regulations. See, story titled "DOJ CRD May Write Regulations to Expand the ADA to Cover the Internet and Information Technologies" and related stories in TLJ Daily E-Mail Alert No. 2,080, April 26, 2010.

Third, the CRD initiated the four rule making proceeding discussed above. See also, CRD web page for these proceedings.

Senate Confirms Taranto for Federal Circuit

3/11. The Senate confirmed Richard Taranto to be a Judge of the U.S. Court of Appeals (FedCir) by a vote of 91-0. See, Roll Call No. 33. Five Democrats and four Republicans did not vote.

Taranto has been a Washington DC based commercial appellate lawyer. He has vast experience and expertise in patent, copyright, telecommunications and antitrust law.

He was the object of a filibuster late in the 112th Congress. However, no Senator has publicly spoken against his nomination.

For a more detailed analysis of Taranto's background and experience, and how he might affect the development of technology related areas of law, see, story titled "Richard Taranto and the Federal Circuit" in TLJ Daily E-Mail Alert No. 2,497, December 24, 2012.

Senate Rejects Cloture on Halligan Nomination for DC Circuit

3/6. The Senate rejected a motion to invoke cloture on the nomination of Caitlin Halligan to be a Judge of the U.S. Court of Appeals (DCCir) by a  vote of 51-41. See, Roll Call No. 30.

Halligan is being filibustered. Invoking cloture is the only method for terminating a filibuster. Pursuant to Senate Rule XXII, a cloture motion requires a three fifths majority for passage. See, Senate memorandum titled "Filibusters and Cloture in the Senate".

It was a nearly straight party line vote. Democrats voted yes, and Republicans voted no. However, Sen. Lisa Murkowski (R-AK) voted yes, and Sen. Harry Reid (D-NV) voted no. Sen. Reid, the Senate Majority Leader, sometimes votes no when his side loses, to preserve the procedural right to bring a motion for reconsideration.

This outcome was expected. The Senate also failed to invoke cloture on her nomination during the 112th Congress. President Obama first nominated her in 2010.

The DC Circuit is critical for many technology related areas of law because its hears many petitions for review and appeals from final orders of the Federal Communications Commission (FCC) and other federal agencies.

However, Halligan's uncomfirmability stems in part from her positions on several issues that are both of intense interest to many voters, and that might come before the DC Circuit. It is also the result of the circumstance that President Obama and Senate Democrats are trying to place her in a seat that Senate Democrats long kept open during the Bush administration.

Moreover, Sen. Reid is making only a limited effort to win confirmation of the most controversial of President Obama's nominees. Sen. Reid's overriding goal is getting Democrats elected and re-elected to the Senate, and thereby maintaining a Democratic majority in the Senate. This entails not compelling Senate Democrats to cast votes on bills or nominees that might contribute to their loosing voter support in their states.

He successfully enabled Senate Democrats to maintain their majority in 2010 when House Democrats, who had been compelled to vote many controversially bills in the 111th Congress, were routed and lost their majority status. Sen. Reid also led Democrats to victory in the 2012 elections, even though far more incumbent Democrats than incumbent Republicans were up for re-election.

The cloture vote on Halligan was procedural. Losing it enabled Sen. Reid to shield Democrats from having to vote in a critical up or down vote. Red state Democrats might especially be concerned about the consequences of voting for nominees such as Halligan.

Halligan is General Counsel for the New York County District Attorney's Office. Previously, she worked at the law firm of Weil Gotshal & Manges for several years. Before that, she was Solicitor General of New York State. Before that, she held several positions in the Office of the New York State Attorney General, including Chief of the Internet Bureau. She was also briefly worked for the Washington DC law firm of Wiley Rein.

Sen. Charles Grassley (R-IA), the ranking Republican on the Senate Judiciary Committee (SJC), stated that "The Senate determined, more than a year ago, that this nomination should not be confirmed. Rather than accepting the Senate’s decision, the President has renominated Ms. Halligan. It is time for the President and Senate Democrats to accept the fact that this nomination is not going to be confirmed by the Senate. We need to move on." See, prepared statement.

"This is a court where we can least afford to confirm an activist judge", said Sen. Grassley. He then said that when she worked in the New York AG's office, "She was using the full weight of her office to advance and promote a political agenda masked by a legal doctrine that is well outside of the legal mainstream", including in a case against gun manufacturers which he called an "invitation to legislate from the bench". Sen. Grassley said that "the New York state appellate court found her argument to be completely meritless, and explicitly rejected her theory".

Sen. Grassley also criticized her views and writings regarding trial of terrorists in civilian courts.

Sen. Grassley also responded to Democrats who argued that there is an urgent need for more judges on the DC Circuit. First, he pointed out that the Democrats long blocked President Bush's nominee for this seat. Then, he said that "since 2005, the D.C. caseload has actually continued to decline. The total number of appeals filed is down over 13 percent. The total number of appeals pending is down over 10 percent; filings per panel are down almost 6 percent. Compared to other Courts of Appeals, the D.C. Circuit caseload measured by number of appeals pending per panel is 54 percent less than the national average."

More Judicial Appointments

3/14. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of the nominations of Jane Kelly (USCA/8thCir) and Kenneth Gonzales (USDC/DNMex). Both are again on the agenda for the meeting of March 21, 2013.

3/13. President Obama withdrew the nomination of Elissa Cadish to be a Judge of the U.S. District Court for the District of Nevada. See, White House news office release, and Congressional Record, March 13, 2013, at Page S1826

3/7.The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved by voice vote the nominations of Sheri Chappell (USDC/MDFl), Michael McShane (USDC/DOre), Nitza Alejandro (USDC/EDPenn), Luis Restrepo (USDC/EDPenn), and Jeffrey Schmehl (USDC/EDPenn).

More People and Appointments

3/18. Rebecca Blank, who has been the acting Secretary of Commerce since June 11, 2012, left the Department of Commerce (DOC) to become Chancellor of the University of Wisconsin at Madison (UWM). Former Secretary John Bryson left the DOC after he was a party to two car wrecks on June 9, 2012. President Obama has yet to nominate a new Secretary of Commerce. See, UWM release and White House news office release.

3/18. The Senate Republican High-Tech Task Force (SRHTTF) again selected Sen. Orrin Hatch (R-UT) to be its Chairman. See, SRHTTF release.

3/15. Demetrios Marantis, a Deputy U.S. Trade Representative since 2009, became the acting USTR following the departure of Ron Kirk. Before this, he worked for Sen. Max Baucus (D-MT) as Chief International Trade Counsel for the Senate Finance Committee (SFC). Before that, he worked for the 2004 election campaign of former Sen. John Kerry (D-MA) and former Sen. John Edwards (D-NC). Before that, he worked for the U.S.-Vietnam Trade Council. Before that, he worked in the OUSTR. And before that, he worked for the law firm of Akin Gump.

3/15. Robert Holleyman, who has been head of the Business Software Alliance (BSA) since 1990, will leave the BSA at the end of April. See, BSA release.

In This Issue
This issue contains the following items:
 • Congressional Democrats Express Concern About Japanese Participation In TPP Negotiations
 • Acting USTR Marantis Welcomes Japan's Interest in TPP Negotiations
 • Donilon Addresses TPP
 • More TPP News
 • Obama Picks IT Nemesis Tom Perez to Be Secretary of Labor
 • Senate Confirms Taranto for Federal Circuit
 • Senate Rejects Cloture on Halligan Nomination for DC Circuit
 • More Judicial Appointments
 • More People and Appointments
Washington Tech Calendar
New items are highlighted in red.
Monday, March 18

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

The Senate will meet at 9:00 AM. It will continue consideration of HR 933 [LOC | WW], the "Department of Defense, Military Construction and Veterans Affairs, and Full-Year Continuing Appropriations Act, 2013".

12:00 NOON - 1:30 PM. The Competitive Enterprise Institute (CEI) and Tech Freedom (TF) will host a panel discussion titled "Cybersecurity Information Sharing: Private Ordering or Prescriptive Mandates". The speakers will be Ryan Radia (CEI), Jerry Brito (Mercatus Center), Julian Sanchez (Cato Institute), and Berin Szoka (TF). See, notice. For more information, contact Nicole Ciandella at 202-331-2773. Location: Room 1539, Longworth Building.

Deadline to submit comments to the Department of Transportation's (DOT) Federal Aviation Administration (FAA) regarding it proposed rule that would prohibit flight crew members from using a personal wireless communications device or laptop computer for personal use while at their duty station on the flight deck while the aircraft is being operated. See, notice in the Federal Register, Vol. 78, No. 10 January 15, 2013, at Pages 2912-2916.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Wireline Competition Bureau in response to its Public Notice (PN) requesting comments regarding the Remote Areas Fund. This PN is DA  13-69 in WC Docket No. 10-90. The FCC released it on January 17, 2013. See, notice in the Federal Register, Vol. 78, No. 26, February 7, 2013, at Pages 9020-9024.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Third Further Notice of Proposed Rule Making (3rdFNPRM) regarding 121.5 MHz emergency locator transmitters (ELTs). This item is FCC 13-2 in WT Docket No. 01-289. The FCC adopted this item on January 7, 2013, and released the text on January 8. See, notice in the Federal Register, Vol. 78, No. 20, January 30, 2013, at Pages 6276-6278.

Tuesday, March 19

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

8:00 - 10:00 AM. Broadband Census News LLC will host a panel discussion titled "Smart Cars the Consumer Experience and Broadband: In-Vehicle Telematics". The speakers will be Stephen Bayless (Intelligent Transportation Society of America), Catherine McCullough (DCI Group), Jeff Stewart (AT&T), and Russell Holly (Geek.com). Breakfast will be served. This event is open to the public. The price to attend is $47.12. See, notice and registration page. This event is also sponsored by Comcast, Google, and US Telecom. Location: Clyde's of Gallery Place, 707 7th St., NW.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, Homeland Security and Investigations will hold a hearing titled "ECPA Part 1: Lawful Access to Stored Content". The witnesses will be Elana Tyrangiel (Department of Justice), Richard Littlehale (Tennessee Bureau of Investigation), Orin Kerr (George Washington University Law School), and Richard Salgado (Google). See, notice. See also, 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. Location: Room 2141, Rayburn Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Health Information Technologies: Harnessing Wireless Innovation". The witnesses will be __. See, notice. Location: Room 2123, Rayburn Building.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Internet Tax Policy for Beginners and Experts". The speakers will be Robert Atkinson (ITIF), Steve DelBianco (NetChoice), Brian Bieron (eBay), Maggi Lazarus, and Bartlett Cleland (Institute for Policy Innovation). Open to the public. Free. Lunch will served. See, notice. Location: Room 2325, Rayburn Building.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "MFNs and RPMs - The Antitrust Spotlight is on Price Relationship Agreements". The speakers will be David Parker (Frontier Economics), Fiona Morton (CRA), Nelson Jung (UK Office of Fair Trading), Thomas McGrath (Linklaters), Ingrid Vandenborre (Skadden Arps). Prices vary. No CLE credits. See, notice.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a teleconferenced panel discussion titled "Privacy and Information Security Update". The speakers will be Benita Kahn (Vorys, Sater, Seymour and Pease), Harriet Pearson (Hogan Lovells), and Marcy Wilder (Hogan Lovells). Free. No CLE credits. See, notice.

2:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, Science, and Related Agencies will hold a budget hearing on the Federal Bureau of Investigation (FBI). The witness will be FBI Director Robert Mueller. See, notice. Location: Room 2359, Rayburn Building.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Oversight and Management Efficiency will hold a hearing titled "DHS Information Technology: How Effectively Has DHS Harnessed IT to Secure Our Borders and Uphold Immigration Laws?". The witnesses will be Richard Spires (DHS CIO), David Powner (GAO), and Charles Edwards (DHS Deputy IG). See, notice. Location: Room 311, Cannon Building.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Gregory Phillips to be a Judge of the U.S. Court of Appeals (10thCir) and Karol Mason to be Assistant Attorney General in charge of the DOJ's Office of Justice Programs. See, notice. Location: Room 226, Dirksen Building.

Wednesday, March 20

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Health will hold a hearing titled "Health Information Technologies: How Innovation Benefits Patients". The witnesses will be __. See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The House Judiciary Committee (HJC) will meet to mark up two bills. The first item on the agenda is HR 367 [LOC | WW], the "Regulations From the Executive in Need of Scrutiny Act of 2013" or "REINS Act". Location: Room 2141, Rayburn Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a closed oversight hearing titled "Cybersecurity and Critical Infrastructure". The witnesses will be Rand Beers (DHS Under Secretary, National Protection and Programs Directorate) and Suzanne Spaulding (DHS Deputy Under Secretary for the NPPD). See, notice. Location: Room 2359, Rayburn Building.

10:00 AM. The Federal Communications Commission (FCC) will hold an event titled "open meeting". the only item on the agenda [PDF] is adoption of a Notice of Proposed Rulemaking (NPRM) regarding its 911 rules, in PS Docket No. 11-60. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

10:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "The Future of Drones in America: Law Enforcement and Privacy Considerations". The witnesses will be Benjamin Miller (Airborne Law Enforcement Association), Amie Stepanovich (Electronic Privacy Information Center), Michael Toscano (Association for Unmanned Vehicle Systems International), and Ryan Calo (University of Washington School of Law). See, notice. Webcast. Location: Room 226, Dirksen Building.

12:00 NOON - 1:15 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and teleconferenced panel discussion titled "Patent Injunctions for Standardized Technology: Update on Antitrust Debate". The speakers will be Michael Lawrence (Google), Avery Gardiner (Verizon), Frances Marshall (DOJ's Antitrust Division), Suzanne Munck (FTC), Hill Wellford (Bingham). Free. No CLE credits. See, notice. Location: 2020 K St., NW.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies will hold a hearing titled "Cyber Threats from China, Russia and Iran: Protecting American Critical Infrastructure". The witnesses will be Frank Cilluffo (George Washington University), Richard Bejtlich (Mandiant Corporation), Ilan Berman (American Foreign Policy Council), and Martin Libicki (RAND Corporation). See, notice. Location: Room 311, Cannon Building.

2:00 PM. The House Science Committee's (HSC) Subcommittee on Technology will hold a hearing titled "Examining the Effectiveness of NIST Laboratories". The witnesses will be __.See, notice. Location: Room 2318, Rayburn Building.

2:00 - 3:30 PM. The Brookings Institute will host a panel discussion titled "Education Technology: The Next Generation". See, notice. Webcast. Free. Open to the public. Location: Brookings, 1775 Massachusetts Ave., NW.

2:00 - 6:00 PM. The American Bar Association (ABA) and Federal Communications Bar Association (FCBA) will host an event titled "8th Annual ABA/FCBA Privacy & Data Security Symposium". Prices vary. CLE credits. See, notice. Location: Hogan Lovells, 555 13th St., NW.

3:30 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property and the Internet will hold a hearing titled "The Register's Call for Updates to U.S. Copyright Law". The witness will be Maria Pallante (Register of Copyrights). See, notice. Location: Room 2141, Rayburn Building.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Happy Hour". For more information contact Rachel Costello at rachelncostello at gmail dot com. Location: Aria Pizzeria & Bar, 1300 Pennsylvania Ave., NW.

Thursday, March 21

The House will meet at 9:00 AM for legislative business. See, Rep. Cantor's schedule.

8:30 AM - 3:15 PM. The Free State Foundation (FSF) will host an event titled "Fifth Annual Telecom Policy Conference". The keynote speakers will be Sen. Marco Rubio (R-FL) and Ajit Pai (FCC Commissioner). Robert McDowell (FCC Commissioner), Gary Epstein (Chair of the FCC's Incentive Auction Task Force), and William Lake (Chief of the FCC's Media Bureau) will be panelists. The other speakers will be Rebecca Arbogast (Comcast), Jeffrey Campbell (Cisco Systems), Michelle Connolly (Duke University), Steve Davis (CenturyLink), Stacy Fuller (Directv), Donna Gregg (Columbus School of Law), Rick Kaplan (NAB), Steve Largent (CTIA), Blair Levin (Aspen Institute), Daniel Lyons (Boston College Law School), Michael Powell (NCTA), Robert Quinn (AT&T), Gigi Sohn (Public Knowledge), Deborah Tate, Tom Tauke (Verizon), Steven Teplitz (Time Warner Cable), Richard Whitt (Google's Motorola Mobility), and Richard Wiley (Wiley Rein). Location: National Press Club, 13th Floor, 529 14th St., NW.

9:00 AM. The House Foreign Affairs Committee (HFAC) Subcommittee on on Europe, Eurasia, and Emerging Threats will hold a hearing titled "Cyber Attacks: An Unprecedented Threat to U.S. National Security". The witnesses will be Richard Bejtlich (Mandiant Corporation) and Greg Autry
(Coalition for a Prosperous America). See, notice. See also, story titled "Mandiant Releases Report on Cyber Espionage by People's Liberation Army" in TLJ Daily E-Mail Alert No. 2,532, March 7, 2013. Location: Room 2172, Rayburn Building.

9:00 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "Health Information Technologies: Administration Perspectives on Innovation and Regulation". The witnesses will be __. See, notice. Location: Room 2322, Rayburn Building.

9:00 AM. The House Intelligence Committee will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol Visitor Center.

10:00 AM. The House Small Business Committee (HSBC) will hold a hearing titled "Protecting Small Businesses Against Emerging and Complex Cyber-Attacks". The witnesses will be William Weber (Cbeyond, testifying on behalf of the COMPTEL), Justin Freeman (Rackspace, testifying on behalf of the Application Developers Alliance), and Phyllis Schneck (McAfee). See, notice. Location: Room 2360, 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 Jane Kelly (USCA/8thCir) and Kenneth Gonzales (USDC/DNMex). See, notice. Webcast. Location: Room 226, Dirksen Building.

Friday, March 22

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

Supreme Court conference day. See, Supreme Court calendar.

2:00 - 3:00 PM. The Brookings Institute will host an event titled "What Lies Ahead for Japan and the United States". Kenichiro Sasae (Ambassador of Japan to the United States) will speak and answer questions. Free. Open to the public. See, notice. Location: Brookings, 1775 Massachusetts Ave., NW.

Monday, March 25

The House will not meet the week of March 25 through March 29, or the week of April 1 through April 5. The House will return on Tuesday, April 9. See, House calendar for 113th Congress, 1st Session.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Committee and Video Programming and Distribution Committee will host a brown bag lunch regarding the FCC’s encoding rules for cable and satellite providers. Location: Wiley Rein, 1776 K St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [34 pages in PDF] regarding rates for telecommunications services in prisons. The FCC adopted this NPRM on December 24, 2012, and released the text on December 28. It is FCC 12-167 in WC Docket No. 12-375. See, notice in the Federal Register, Vol. 78, No. 14, January 22, 2013, at Pages 4369-4376.

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