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Friday, May 31, 2013, Alert No. 2,568.
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Obama May Nominate Comey for FBI Director

5/30. Various news publications have stated that President Obama will nominate James Comey to be Director of the Federal Bureau of Investigation (FBI). The fixed term of office is ten years.

Robert Mueller is the outgoing FBI Director. He has served since 2001. The 112th Congress enacted legislation in 2011 that enabled the President to extend his term by just over two years, until September 4, 2013. See, S 1103 [LOC | WW], and story titled "Senate Confirms Mueller for Two More Years" in TLJ Daily E-Mail Alert No. 2,272, July 28, 2011.

During a May 30, 2013 news conference a member of the President's public relations staff was asked, "can you confirm that the President has settled on Comey for his FBI Director? And can you discuss any timeline for making that nomination official?" He answered, "I don't have any personnel announcements to make at this time, and I'm really not in a position to even give you a better sense of the timing. So we'll have to save that for a later day." See, transcript.

James ComeyComey (2003 photo at right) has experience as a federal prosecutor. He was an Assistant U.S. Attorney (AUSA) in the Office of the U.S. Attorney (OUSA) for the Southern District of New York (SDNY) from 1987 through 1993. He also worked in the OUSA for the Eastern District of Virginia from 1996 through 2001.

President Bush appointed Comey USA for the SDNY, but he only served in that capacity until December of 2003. President Bush appointed him Deputy Attorney General (DAG), the number two position in the Department of Justice (DOJ). He served there until August of 2005.

He then went to work as General Counsel of Lockheed Martin, a defense contractor that is involved in, among other things, information technology, communications, and space capabilities.

Then, in 2010 he went to work for Bridgewater Associates, which states in its web site that it "manages approximately $150 billion in global investments for a wide array of institutional clients, including foreign governments and central banks, corporate and public pension funds, university endowments and charitable foundations".

Federal Election Commission (FEC) records reveal that in the 2008 election cycle Comey gave money to the McCain campaign. In the 2012 election cycle, he gave to the Romney campaign. He also gave to the campaign of Rep. Susan Brooks (R-IN), a first term member. Former President Bush appointed her USA for the Southern District of Indiana at about the same time that he appointed Comey USA for the SDNY.

Comey has not written about his work at the DOJ. However, Jack Goldsmith, who is now at Harvard law school, but who was Assistant Attorney General in charge of the DOJ's Office of Legal Counsel (OLC) when Comey was the DAG, has written a book [Amazon] titled "The Terror Presidency: Law and Judgment Inside the Bush Administration". In this book, Goldsmith addresses the secretive program disclosed by the New York Times in December of 2005, which the DOJ then called the "Terrorist Surveillance Program" or "TSP". This program involved extrajudicial electronic intercepts where one party is within the U.S. and the other is believed to be outside the U.S.

Goldsmith wrote that "I am not permitted to say much about how Jim Comey, Patrick Philbin, and I, with the crucial support of former Attorney General John Ashcroft and others, struggled to put the Terrorist Surveillance Program on a proper legal footing." (See, pages 177-182.)

The NYT published a story by James Risen and Eric Lichtblau on December 16, 2005, titled "Bush Lets U.S. Spy on Callers Without Courts". It stated that "President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials." See also, story titled "President Bush Discloses Interception of Communications Without Court Approval" in TLJ Daily E-Mail Alert No. 1,275, December 19, 2005, and story titled "Bush, Gonzales & Hayden Discuss Presidential Intercepts and PATRIOT Act" in TLJ Daily E-Mail Alert No. 1,276, December 20, 2005.

Goldsmith's interpretation of the TSP is that "We were at war with terrorists who were armed with disposable cell phones and encrypted emails buried in a global multibillion- communications- per-day system. It seemed crazy to require the Commander in Chief and his subordinates to get a judge's permission to listen to each communication under a legal regime that was designed before technological revolutions brought us to high-speed fiber-optic networks, the public Internet, email, and ten-dollar cell phones."

His view was that former Vice President Richard Cheney and David Addington (then Cheney's Counsel, and now at the Heritage Foundation) "abhorred FISA's intrusion on presidential power", but rather than attempting to address the problem with the courts or Congress, went "alone, in secret". Meanwhile, according to Goldsmith, it was Goldsmith, Comey, and others at the DOJ who fought to put this surveillance program on legal footing.

Goldsmith also wrote that he worked with Comey in withdrawing an August 2002 DOJ opinion on interrogation. Goldsmith added that Comey "had been my most powerful ally, not only in correcting the flawed interrogation opinions but also in many other significant and difficult matters as well. Comey is a seasoned prosecutor and one of the quickest and shrewdest lawyers I have ever met." (See, pages 159-160.)

As USA/SDNY and then as DAG, Comey handled some of the most significant criminal and terrorist investigations and prosecutions.

But, he also has a capacity for diverting into the ridiculous. For example, he was the USA who oversaw the investigation and charging of celebrity homemaker Martha Stewart. That securities case did much to boost the television ratings of the OUSA/SDNY. However, it did little to increase the integrity of securities markets, and diverted federal resources that could have been devoted to more serious matters.

See also, story titled "Deputy AG Comey Testifies Before House Judiciary Committee on PATRIOT Act" in TLJ Daily E-Mail Alert No. 1,151, June 10, 2005.

Senate Judiciary Committee Holds Hearing on West

5/23. The Senate Judiciary Committee (SJC) held a hearing on the nomination of Tony West to be Associate Attorney General. This is the number three position at the Department of Justice (DOJ). The hearing went well for West. And, he briefly touched on cyber security.

Tony WestWest (at right) is currently the nominal Assistant AG in charge of the DOJ's Civil Division. He has held that position since 2009. However, he has been the acting Associate AG since March of 2012. President Obama formally nominated West to be Associate AG in September of 2012. See also, stories titled "Tony West Named Acting Associate Attorney General" in TLJ Daily E-Mail Alert No. 2,348, March 7, 2012, and "Obama Nominates Tony West to be Associate Attorney General" in TLJ Daily E-Mail Alert No. 2,454, September 22, 2012.

The Senate did not confirm West last year, in part, because Senate Republicans held up his nomination as a means to compel the DOJ to produce records regarding a quid pro quo agreement between DOJ and the City of St. Paul, under which the DOJ agreed to assist St. Paul in obtaining dismissal of a qui tam whistleblower action (U.S. ex rel. Newell v. City of St. Paul, U.S. District Court for the District of Minnesota, D.C. No. 09-1177) that pled violations of the Housing & Urban Development Act of 1986 by the City of St. Paul, in exchange for dismissing an unrelated case.

See also, story titled "Tony West Nomination for Associate AG Delayed in Senate" in TLJ Daily E-Mail Alert No. 2,477, November 28, 2012.

Much of the May 23 hearing addressed the City of St. Paul deal. While the DOJ's action on the qui tam case fell within the purview of West's Civil Division, and West claimed credit for the DOJ's decision, there is little dispute that Thomas Perez, AAG in charge of the DOJ's Civil Rights Division, and President Obama's nominee to be Secretary of Labor, was the architect of the deal. And despite West's claims, Congressional Republicans assign blame to Perez, and seek to block his confirmation as Secretary of Labor. In contrast, West is on track for confirmation as Associate AG.

Sen. Dianne Feinstein (D-CA) spoke in support of West, a fellow Californian. Sen. Barbara Boxer (D-CA), who is not a member of the SJC, did not participate, but submitted a statement for the hearing record urging confirmation of West. Sen. Sheldon Whitehouse (D-RI), who presided at the hearing, also spoke in support of West.

Sen. Charles Grassley (R-IA), the ranking Republican on the SJC, made no opening statement. However, he said to West, "I have no questions about your qualifications". He then asked numerous questions regarding the City of St. Paul deal, qui tam suits, and whistleblower protection generally. No other Republican members of the SJC participated.

Sen. Al Franken (D-MN) asked West solely about the DOJ's case against Standard & Poors. See, DOJ's February 5, 2003 release.

DOJ and Cyber Security. Sen. Whitehouse used the hearing, in part, to address the DOJ's role in promoting cyber security.

He said that the U.S. is "on the losing end of  biggest transfer of wealth in the history of humankind through the cyber attacks that penetrate our private sector corporations and steal wholesale by the terabyte their intellectual property".

Sen. Whitehouse asserted that "part of the problem with the cyber situation is that botnets swarm over the internet", and are "used to attack private corporations".

He said, "I want your pledge that if confirmed you will sit down with me and any other interested member of this committee, to discuss how to improve the Departments' enforcement through civil means of riding the internet of these botnets".

West said, "Mr. Chairman, you have that pledge".

Sen. Whitehouse's grasp of cyber security issues, and the relevant activities of the DOJ, is limited.

Botnets and theft of intellectual property are primarily handled by units of the DOJ that are not supervised by the Associate AG. For example, the Criminal Division, and its Computer Crimes and Intellectual Property Section (CCIPS), are overseen by the Deputy Attorney General.

West said that "dealing with the cyber threat" is "a top priority for the Department",  but "much of how we deal with that threat" does not lie within the "managerial responsibility" of the Associate AG.

Obama Picks Sepulveda for Telecom Post at State Department

5/23. President Obama nominated Daniel Sepulveda to be Deputy Assistant Secretary of State for International Communications and Information Policy and U.S. Coordinator for International Communications and Information Policy. See, White House news office release and release.

He went to work for the Department of State (DOS) in April, following his previous employer, former Senator, now Secretary of State, John Kerry, who was a senior member of the Senate Commerce Committee (SCC). His current position is Deputy Assistant Secretary of State for International Communications and Information Policy.

He worked for former Sen. Kerry from late 2009 through early 2013. He worked on, among other things, spectrum matters, including the spectrum bill enacted by the 112th Congress just over one year ago. See, HR 3630, [LOC | WW], the "Middle Class Tax Relief and Job Creation Act".

In 2009, he was Assistant U.S. Trade Representative for Congressional Affairs. And before that, he worked for former Sen. Barack Obama (D-IL) and Sen. Barbara Boxer (D-CA).

Obama Nominates Piwowar for SEC

5/23. President Obama nominated Michael Piwowar to be a member of the Securities and Exchange Commission (SEC) for a term expiring June 5, 2018. See, White House news office release and release.

Piwowar is the chief Republican economist for the Senate Banking Committee (SBC). Before that, he was Senior Economist on the President's Council of Economic Advisers (CEA), and Staff Economist to the Financial Regulatory Reform Working Group of the President's Economic Recovery Advisory Board.

Before that, he worked at the Securities Litigation and Consulting Group. He also previously worked at the SEC and Iowa State University.

Piwowar has been nominated for the Republican seat now held by SEC Commissioner Troy Paredes.

Obama Nominates Kara Stein for SEC

5/23. President Obama nominated Kara Stein to be a member of the Securities and Exchange Commission (SEC) for a term expiring June 5, 2017. See, White House news office release and release.

Stein is a long time staff assistant to Sen. Jack Reed (D-RI), a senior member of the Senate Banking Committee (SBC). She is currently Sen. Reed's Legal Counsel and Senior Policy Advisor. She has also been Staff Director of the SBC's Subcommittee on Securities, Insurance, and Investment.

Before her work on Capitol Hill, she worked briefly for the law firm now known as Wilmer Hale. She has also worked for the University of Dayton School of Law, Georgetown University law school, and the University of Nigeria Faculty of Law.

Stein has been nominated for the Democratic seat now held by SEC Commissioner Elisse Walter.

Obama Picks Padalino to Head RUS

5/23. President Obama announced his intent to appoint John Padalino to be Administrator of the Department of Agriculture's (DOA) Rural Utilities Service (RUS). See, White House news office release.

John PadalinoPaladino (at right) is currently the acting Administrator. The previous Administrator was Jonathan Adelstein, who is now head of the PCIA, also known as the Wireless Infrastructure Association.

The RUS is responsible for administration of government loans for telecommunications infrastructure. Also, HR 1 [LOC | WW], the huge spending bill passed by the 111th Congress in February of 2009, provided $3.5 Billion dollars in federal subsidies for broadband.

Paladino has worked in the Obama DOA since 2009. Before that, he worked for the 2008 Obama campaign. Before that, he worked for the El Paso, Texas law firm of Kemp Smith. Before that, he worked for H20 Consulting, Inc.

Events Outside of Washington DC Area

Monday, June 3.

9:15 AM - 5:00 PM. The European Union will host an on site and webcast event titled "Crowdfunding: Untapping its Potential, Reducing the Risks". David Blass (Chief Counsel of the U.S. Securities and Exchange Commission's Division of Trading and Markets) will participate on a panel titled "Regulation of Crowdfunding" at 3:15 PM. See, conference web site and agenda [PDF]. Location: Charlemagne Building, Alcide de Gasperi Room, Rue de la Loi 170 1000 Brussels, Belgium.

Tuesday, June 4.

8:30 AM. The Board of Directors of the First Responder Network Authority, or FirstNet, will meet. See, notice in the Federal Register, Vol. 78, No. 66, April 5, 2013, at Page 20619. See also, meeting agenda. Location: Cotton II Room, Westin Westminster Hotel, 10600 Westminster Boulevard, Westminster, Colorado.

9:30 AM PT. The Department of Commerce's (DOC) President's Export Council Subcommittee on Export Administration (PECSEA) will hold a video conferenced and on site meeting. The agenda includes a discussion of controls on satellites. See, notice in the Federal Register, Vol. 78, No. 98, May 21, 2013, at Page 29700. The meeting will held at 9:30 AM PT at the Boeing Defense, Space and Security, Space and Intelligence Systems, Building S24, Conference Center, 2020 East Imperial Highway, El Segundo, California. There will also be a video teleconferencing at 12:30 PM ET at the DOC, Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

Day one of a four day conference hosted by the Institute of Electrical and Electronics Engineers (IEEE) titled "IEEE Intelligence and Security Informatics 2013". See, conference web site. Location: Grand Hyatt Seattle, 721 Pine St., Seattle, Washington.

Wednesday, June 5.

8:30 AM - 5:00 PM. Day one of a two day meeting of the Federal Bureau of Investigation's (FBI) Criminal Justice Information Services' (CJIS) Advisory Policy Board (APB). The agenda includes "Integrated Automated Fingerprint Identification System/Next Generation Identification, Interstate Identification Index, Law Enforcement Online, National Crime Information Center, National Instant Criminal Background Check System, National Incident-Based Reporting System, Law Enforcement National Data Exchange, and Uniform Crime Reporting". See, notice in the Federal Register, Vol. 78, No. 80, April 25, 2013, at Page 24437. Location: Renaissance Portsmouth Hotel, 425 Water Street, Portsmouth, Virginia.

5:00 - 7:30 PM. The New York Chapter of the Federal Communications Bar Association (FCBA) will host a panel discussion titled "FCC Incentive Auction Proceeding". The speakers will be Armand Musey (Summit Ridge Group), Christopher Wieczorek (T-Mobile USA), Charles Bell (Consumers Union), Jonathan Cohen (Wilkinson Barker & Knauer), and David Donovan (NY State Broadcasters Association). Location: One Park Avenue (between 32nd and 33rd), New York, New York.

Day two of a four day conference hosted by the Institute of Electrical and Electronics Engineers (IEEE) titled "IEEE Intelligence and Security Informatics 2013". On June 5 at 8:45 AM there will be a panel titled "Analytics for Cybersecurity and Emergency Response"; the speakers will include Joseph Kielman (DHS's Cyber Security Division). On June 5 at 12:30 PM there will be a panel titled "Intelligence and Security Informatics Research: Outlook and Opportunities"; the speakers will include Joseph Kielman (DHS's Cyber Security Division). See, conference web site. Location: Grand Hyatt Seattle, 721 Pine St., Seattle, Washington.

Thursday, June 6.

8:30 AM - 5:00 PM. Day two of a two day meeting of the Federal Bureau of Investigation's (FBI) Criminal Justice Information Services' (CJIS) Advisory Policy Board (APB). See, notice in the Federal Register, Vol. 78, No. 80, April 25, 2013, at Page 24437. Location: Renaissance Portsmouth Hotel, 425 Water Street, Portsmouth, Virginia.

Day three of a four day conference hosted by the Institute of Electrical and Electronics Engineers (IEEE) titled "IEEE Intelligence and Security Informatics 2013". See, conference web site. Location: Grand Hyatt Seattle, 721 Pine St., Seattle, Washington.

Friday, June 7.

8:00 AM - 5:30 PM. The American Bar Association (ABA) will host an event titled "Tips From the Masters -- IP Trial Strategies 3rd Annual Intellectual Property Regional Workshop". The speakers will be __. Prices vary. CLE credits. See, notice. Location: Pillsbury, 1540 Broadway, New York, New York.

Day four of a four day conference hosted by the Institute of Electrical and Electronics Engineers (IEEE) titled "IEEE Intelligence and Security Informatics 2013". See, conference web site. Location: Grand Hyatt Seattle, 721 Pine St., Seattle, Washington.

Monday, June 10.

8:45 AM - 7:00 PM. The American Bar Association (ABA) will host an event titled titled "Forum on the Entertainment and Sports Industries Video Games and Digital Media Conference". Prices vary. See, notice. Location: Millennium Biltmore Hotel, 506 S. Grand Ave., Los Angeles, California.

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In This Issue
This issue contains the following items:
 • Obama May Nominate Comey for FBI Director
 • Senate Judiciary Committee Holds Hearing on West
 • Obama Picks Sepulveda for Telecom Post at State Department
 • Obama Nominates Piwowar for SEC
 • Obama Nominates Kara Stein for SEC
 • Obama Picks Padalino to Head RUS
Washington Tech Calendar
New items are highlighted in red.
Monday, June 3

The House will meet at 2:00 PM. The House will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule.

The Senate will meet at 2:00 PM. It is scheduled to resume consideration of S 954 [LOC | WW], the "Agriculture Reform, Food, and Jobs Act of 2013".

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Aevoe Corp.  v. AE Tech Co., Ltd., App. Ct. No. 2012-1422, an appeal from the U.S. District Court (NDCal) in a patent infringement case involving touch screen protectors for hand held electronic devices. Panel A. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will consider on the briefs Walter Beriont v. GTE Laboratories, App. Ct. No. 2013-1109, an appeal from the U.S. District Court (DMass). Panel A. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Mikkelsen Graphic Engineerging v. Zund America, App. Ct. No. 2012-1472, an appeal from the U.S. District Court (EDWisc) in a software patent infringement case. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in T.F.H. Publications v. Doskocil Manufacturing, App. Ct. No. 2013-1030, an appeal from the U.S. District Court (DNJ) in a patent infringement case involving a process for manufacturing pet chew toys. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

2:15 PM - 10:00 PM. The European Union will host an on site and webcast event titled "Crowdfunding: Untapping its Potential, Reducing the Risks". David Blass (Chief Counsel of the U.S. Securities and Exchange Commission's (SEC) Division of Trading and Markets) will participate on a panel titled "Regulation of Crowdfunding" at 8:15 PM. See, conference web site and agenda [PDF]. Location: Charlemagne Building, Alcide de Gasperi Room, Rue de la Loi 170 1000 Brussels, Belgium.

3:00 PM. The House Appropriations Committee (HAC) will hold a hearing on political targeting by the Internal Revenue Service (IRS). The witnesses will be Danny Werfel (acting IRS Commissioner) and Russell George (Treasury Inspector General for Tax Administration). See, notice. Webcast. Location: Room 2359, Rayburn Building.

3:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations will hold a hearing titled "Tragic Anniversary of the 1989 Tiananmen Square Protests and Massacre". The witnesses will be Wei Jingsheng, Chai Ling, and Yang Jianli. See, notice. Location: Room 2172, Rayburn Building.

6:30 PM. The Electronic Privacy Information Center (EPIC) will host an event titled "EPIC Champion of Freedom Awards Dinner". The honorees will include Sen. Rand Paul (R-KY) and Sen. Ron Wyden (D-OR). See, notice. Location: The Fairfax at Embassy Row, 2100 Pennsylvania Ave.,  NW.

Deadline to submit comments to the Federal Election Commission (FEC) in response to its Advance Notice of Proposed Rulemaking regarding whether to begin a rulemaking to revise its regulations to address contributions and expenditures made by electronic means, such as by credit card, debit card, internet based payment processing, and text messaging. See, notice in the Federal Register, Vol. 78, No. 85, May 2, 2013, at Pages 25635-25638.

Tuesday, June 4

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

8:30 AM - 2:15 PM. The Kapersky Lab will host an event titled "2013 Government Cyber Security Forum". The speakers will include Michael Hayden (former NSA and CIA Director), Howard Schmidt, and Larry Zelvin (Director of the DHS's NPPD's National Cybersecurity and Communications Integration Center). See, event web site. Location: Ronald Reagan Building, 1300 Pennsylvania Ave., NW.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Emergency Preparedness, Response, and Communications will hold a hearing titled "Emergency MGMT 2.0: How Social Media & New Tech are Transforming Preparedness, Response, & Recovery". See, notice. Location: Room 311, Cannon Building.

10:00 AM. The House Ways and Means Committee (HAC) will hold a hearing on political targeting by the Internal Revenue Service (IRS). See, notice. Location: Room 1100, Longworth Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on nominations, including that of Stuart Delery to be the Assistant Attorney General in charge of the Department of Justice's (DOJ) Civil Division. Delery has been acting AAG since February of 2012. The SJC will provide a live and archived webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Rembrandt Vision Technologies v. Johnson & Johnson Vision Care, App. Ct. No. 2012-1510, an appeal from the U.S. District Court (MDFl) in a patent infringement case involving contact lenses. Panel D. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Merck Sharp & Dohme v. Apotex, App. Ct. No. 2012-1516. Panel D. Location: Courtroom 402, 717 Madison Place, NW.

12:00 NOON - 2:15 PM. The Free State Foundation (FSF) will host an event titled "If I Were the FCC Chairman". The speakers will be Gail MacKinnon (Time Warner Cable), Craig Silliman (Verizon), Gigi Sohn (Public Knowledge), and Randolph May (FSF). Free. Open to the public. Lunch will be served. No CLE credits. See, registration page. Location: National Press Club.

12:30 PM ET. The Department of Commerce's (DOC) President's Export Council Subcommittee on Export Administration (PECSEA) will hold a video conferenced and on site meeting. The agenda includes a discussion of controls on satellites. See, notice in the Federal Register, Vol. 78, No. 98, May 21, 2013, at Page 29700. The meeting will held at 9:30 AM PT at the Boeing Defense, Space and Security, Space and Intelligence Systems, Building S24, Conference Center, 2020 East Imperial Highway, El Segundo, California. There will also be a video teleconferencing at the DOC, Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

1:00 - 2:00 PM. The law firm of Fulbright & Jaworski will host a webcast panel discussion titled "Attorney client privilege in the context of regulatory investigations, exams and enforcement actions against financial institutions and cross border implications". The speakers will be Dominic Dupoy (Norton Rose Canada), Brent Lindahl (Green Tree Servicing), and Bob Pratte (Fulbright & Jaworski).

2:00 PM. The House Science Committee (HSC) will hold a hearing titled "STEM Education: The Administration’s Proposed Re-Organization". The witnesses will be John Holdren (Director of the EOP's OSTP), Joan Mundy (National Science Foundation), Leland Melvin (National Aeronautics and Space Administration). See, notice. Location: Room 2318, Rayburn Building.

2:30 PM. The Senate Commerce Committee's (SCC) Subcommittee on Communications, Technology, and the Internet will hold a hearing titled "The State of Wireless Communications". The witnesses will be Steve Largent (head of the CTIA), Doug Webster (Cisco Systems), Steven Berry (head of the Competitive Carriers Association), Delara Derakhshani (Consumers Union), Thomas Nagel (Comcast Corporation), and George Ford (Phoenix Center). See, notice. Location: Room 253, Russell Building.

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

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its information collection notice in the Federal Register (FR) requesting comments on its MyUSPTO, a planned customer portal that will serve as a central point for access to online system interfaces and submission of information to the USPTO. See, FR, Vol. 78, No. 66, April 5, 2013, at Pages 20619-20620.

Wednesday, June 5

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

Day one of a two day conference titled "Health Privacy Summit". See, conference web site. Location: Georgetown University law school, 600 New Jersey Ave., NW.

8:00 AM - 12:30 PM. Day one of a two day conference hosted by the Center for Strategic and International Studies (CSIS) titled "Managing Tensions in the South China Sea". See, notice. Location: CSIS, B1 Conference Center, 1800 K St., NW.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Regulatory Reform, Commercial and Antitrust Law will hold a hearing on HR 1493 [LOC | WW], the "Sunshine for Regulatory Decrees and Settlements Act of 2013". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee (SHSGAC) will hold a hearing titled "Reducing Duplication and Improving Outcomes in Federal Information Technology". The witnesses will be Steven VanRoekel (Office of Management and Budget), Simon Szykman (Department of Commerce), Frank Baitman (Department of Health and Human Services), and David Powner (Government Accountability Office). See, notice. Location: Room 342, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in In Re SRI International, App. Ct. No. 2012-1456. Panel E. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Tahir Mahmood v. Research in Motion, App. Ct. Nos. 2012-1517 and 2013-1062. Panel E. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Lifescan Scotland v. Shasta, App. Ct. No. 2013-1271. Panel F. Location: Courtroom 402, 717 Madison Place, NW.

6:00 - 8:00 PM. The DC Bar Association will host an event titled "2013 Annual Spring Reception Honoring David Kappos". The speakers will included David Kappos (former head of the USPTO) and Judge Sharon Prost (USCA for the Federal Circuit). The price to attend ranges from $20 to $40. No CLE credits. For more information, call 202-626-3463. Reporters are barred. See, notice. Location: Dolley Madison House, 721 Madison Place, NW.

Thursday, June 6

The House will meet at 9:00 AM for legislative business. The House will consider non-technology related items. See, Rep. Cantor's schedule.

Supreme Court conference day. See, Supreme Court calendar.

Day two of a two day conference titled "Health Privacy Summit". See, conference web site. Location: Georgetown University law school, 600 New Jersey Ave., NW.

8:00 AM - 12:30 PM. Day two of a two day conference hosted by the Center for Strategic and International Studies (CSIS) titled "Managing Tensions in the South China Sea". See, notice. Location: CSIS, B1 Conference Center, 1800 K St., NW.

9:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing on undisclosed matters. See, notice. Location: Room HVC-304, Capitol Visitor Center.

9:00 AM - 2:00 PM. The U.S. China Economic and Security Review Commission will hold a hearing titled "China and the Middle East". See, notice [PDF]. Location: Room 608, Dirksen Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property and the Internet will hold a hearing on HR 1123 [LOC | WW], the "Unlocking Consumer Choice and Wireless Competition Act". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. Live and archived webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Appropriations Committee (SAC) will hold a hearing on FY 2014 budget for the Department of Justice (DOJ). The witnesses will be Eric Holder (Attorney General) and Michael Horowitz (DOJ Inspector General). Location: Room 192, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in John T. Minemyer v. R-ROC Reps Inc., App. Ct. No. 2012-1532, an appeal from the U.S. District Court (NDIll). Panel G. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in IA Labs CA, LLC v. Nintendo Co., Ltd., App. Ct. No. 2012-1644, an appeal from the U.S. District Court (DMd) in a patent infringement case. Panel G. Location: Courtroom 201, 717 Madison Place, NW.

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

MOVED TO JUNE 27. 10:30 AM. The Federal Communications Commission (FCC) will host an event titled "open meeting". Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

Friday, June 7

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 May 2013 unemployment data.

12:00 NOON - 1:30 PM. The Internet Caucus will host a panel discussion titled "Faceoff: A Fact-Based Debate on U.S. Internet Policy and Access Networks". The speakers will be Bryan Tramont (Wilkinson Barker Knauer), Ev Ehrlich (ESC Company), Jeffrey Eisenach (Navigant Economics), Rob Frieden (Penn State University), and Ellen Goodman (Rutgers School of Law). Free. Open to the public. Some box lunches will be served. Respond to RSVP at netcaucus dot org. Location: Room SVC 203-02, Capitol Visitors Center.

12:00 NOON - 1:30 PM. There will be an event titled "Get It Online: Legal Implications of Social Media for Communication & Government Relations Executives". The speakers will include Jason Torchinsky (Holtzman Vogel Josefiak). Prices vary. See, notice and registration page. Location: National Press Club, 13th Floor, 529 14th St., NW.

11:59 PM. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding Japan's participation in the Trans Pacific Partnership (TPP) trade agreement negotiations. See, notice in the Federal Register, Vol. 78, No. 88, May 7, 2013, at Pages 26682-26684.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR 7924 [91 pages in PDF], titled "Reference Certificate Policy", released in April, 2013.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) [17 pages in PDF] regarding its e-rate tax and subsidy program for schools and libraries. The FCC released this PN on April 9, 2013. It is DA 13-592 in CC Docket No. 02-6 and GN Docket No. 09-51. See, notice in the Federal Register, Vol. 78, No. 78, April 23, 2013, at Pages 23877-23882.

Monday, June 10

Day one of a three day event hosted by the National Cable & Telecommunications Association (NCTA) titled "Cable Show". See, web site. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust will host a teleconferenced panel discussion titled "May In-House Counsel Antitrust Update". The speakers will be Anita Banicevic (Davies Ward), and Andrea Murino, Mark Rosman, Michael Rosenthal, and Daniel Wieck (all of Wilson, Sonsini). Free. No CLE credits. See, notice.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [47 pages in PDF] regarding implementation of the 2012 spectrum act's provisions regarding deployment of a nationwide public safety broadband network in the 700 MHz band under a nationwide license issued to the FirstNet. See, HR 3630 [LOC | WW], the "Middle Class Tax Relief and Job Creation Act of 2012", Public Law No. 112-96. The FCC adopted this item on March 7, 2013, and released the text on March 8. It is FCC 13-31 in PS Docket Nos. 12-94 and 06-229, and WT Docket No. 06-150. See, notice in the Federal Register, Vol. 78, No. 79, April 24, 2013, at Pages 24138-24147.