Tech Law Journal Daily E-Mail Alert
Monday, June 3, 2013, Alert No. 2,569.
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Supreme Court Upholds Suspicionless Seizures of DNA Swabs

6/3. The Supreme Court issued its 5-4 opinion in Maryland v. King, holding that a Maryland state statute that allows police to take DNA swabs from persons arrested for (but not yet convicted of) certain enumerated felonies, without consent or court approval, does not violate the 4th Amendment. This opinion is pregnant with implications for legal regimes regarding biological and information technology based identification, investigation, databasing, and surveillance.

Indictment Returned and Domains Seized in Liberty Reserve Digital Currency Matter

5/28. The U.S. District Court (SDNY) unsealed an indictment that charges Liberty Reserve S.A. and several individuals with conspiracy (18 U.S.C. § 371) to commit money laundering (18 U.S.C. § 1956) and operating an unlicensed money transmitting business (18 U.S.C. §§ 1960 and 1962) in connection with the operation of a digital currency, a payment processor and money transfer system.

The indictment states that the defendants "intentionally created, structured, and operated LIBERTY RESERVE as a criminal business venture, one designed to help criminals conduct illegal transactions and launder the proceeds of their crimes. The defendants deliberately attracted and maintained a customer base of criminals by making financial activity on LIBERTY RESERVE anonymous and untraceable."

The indictment continues that "LIBERTY RESERVE has emerged as one of the principal means by which cyber-criminals around the world distribute, store, and launder the proceeds of their illegal activity. Indeed, LIBERTY RESERVE has become a financial hub of the cyber-crime world, facilitating a broad range of online criminal activity, including credit card fraud, identity theft, investment fraud, computer hacking, child pornography, and narcotics trafficking."

The indictment also seeks forfeiture of funds in enumerated accounts.

Richard Weber, Chief of the Internal Revenue Service Criminal Investigation, stated in a Department of Justice (DOJ) release that "We are now entering the cyber age of money laundering. Technology advancements over the past several years have dramatically increased opportunities for criminals to move, conceal and enjoy their ill-gotten gains. Liberty Reserve and its principals have been charged with operating a sophisticated and complex system for structuring financial transactions which catered to those engaged in such criminal activity. What they did not anticipate was our robust partnerships with domestic and foreign law enforcement that allowed us collectively to follow the cyber money trail in the United States and around the world."

The indictment also seeks forfeiture of domain names listed in the indictment.

The DOJ release states that "In addition to the criminal charges brought in the indictment, five domain names were seized, namely, the domain name of Liberty Reserve and the domain names of four exchanger websites that were controlled by one or more of the defendants; 45 bank accounts were restrained or seized; and a civil action was filed against 35 exchanger websites seeking the forfeiture of the exchangers' domain names because the websites were used to facilitate the Liberty Reserve money laundering conspiracy and constitute property involved in money laundering. The four exchangers whose domain names were seized, as well as the 35 exchangers whose domain names are the subjects of the civil forfeiture action, were all exchangers that transacted business with Liberty Reserve and were listed on Liberty Reserve’s website as ``pre-approved exchangers.´´"

The charged individuals are Arthur Budovsky, Vladmir Kats, Azzeddine El Amine, Mark Marmilev, Maxim Chukharev, Ahmed Yassine Abdelghani and Allan Esteban Hidalgo Jimenez.

This case is U.S. v. Liberty Reserve S.A., et al., U.S. District Court for the Southern District of New York, D.C. No. 13 CRIM 368.

Sen. Grassley Condemns Obama's Plans to Pack DC Circuit

6/3. Sen. Charles Grassley (R-IA), the ranking Republican on the Senate Judiciary Committee (SJC), released a statement in which he criticized President Obama's plans to appoint three more judges to the U.S. Court of Appeals (DCCir).

President Obama has not yet released the names of the persons he intends to nominate for the DC Circuit.

With the confirmation of Sri Srinivasan by the Senate on May 23, the DC Circuit is up to eight active judges. The DC Circuit also possesses numerous senior status judges who play major roles. For example, the May 28 opinion [51 pages in PDF] in the Tennis Channel case, Comcast v. FCC, was written by one senior status judge (Stephen Williams), while another senior status judge (Harry Edwards) wrote a lengthy concurring opinion.

However, pursuant to 28 U.S.C. § 44(a), there are eleven positions for active judges on the DC Circuit. Hence, nominally, there are three vacancies, which could be filled by President Obama.

See also, stories titled "Obama Wants to Appoint Three More Judges to DC Circuit" in TLJ Daily E-Mail Alert No. 2,566, May 23, 2013, and "Future Nominees for the DC Circuit May Face Republican Opposition" in TLJ Daily E-Mail Alert No. 2,562, May 15, 2013.

This President demonstrated little interest in enlarging the membership of the DC Circuit in his first term. That changed on January 25, 2013, when a three judge panel comprised of appointees of Republican Presidents issued its opinion [PDF] in Canning v. NLRB, the faux recess appointments case.

Since Obama would likely pick persons who would be more deferential to the executive branch, one of the consequences of three more Obama appointees would likely be a Circuit more willing to uphold orders of the Federal Trade Commission (FTC), such as those that invoke Section 5 of the FTC Act to justify broad antitrust, patent, and privacy related actions, and actions of the Federal Communications Commission (FCC) that exceed statutory authority, or regulate free speech.

Sen. Grassley stated on June 3 that "News reports have claimed over and over that the White House wants to put more of their own judges on the D.C. Circuit because President Obama is looking for ways to circumvent Congress. My Democratic colleagues have made their intentions clear when they said the President needed to fill the court by whatever means necessary and that the D.C. Circuit was `wreaking havoc´ on the country by opposing their policies."

He continued that "Those who advocate for this type of court-packing to obtain an advantage in public policy debates, misunderstand the purpose of the legislative and judicial branches of our federal government. It's our job to make legislative decisions and the courts' job is to resolve cases and controversies. The last thing members of Congress should want is the courts doing our job."

He concluded that "It's hard to imagine the rationale for nominating three judges at once for this court given the many vacant emergency seats across the country, unless your goal is to pack the court to advance a certain policy agenda. No matter how you slice it, the D.C. Circuit ranks last or almost last in nearly every category that measures workload. There were nearly 200 fewer appeals filed in the D.C. Circuit in 2012 than in 2005. In fact, the amount of cases that each active judge handles is nearly the same, despite having two fewer judges, in that same time frame. It's hard to imagine any reason for three more judges, no matter who nominates them."

What Sen. Grassley did not disclose is that when a Democrat is President and making judicial appointments, Senate Democrats tend to support appointment of the full compliment of judges to the DC Circuit, while Senate Republicans tend to argue that the full number would be unnecessary. Conversely, when a Republican is President, Senate Republicans argue for more appointments, while Senate Democrats work to block those nominees.

For example, Senate Democrats and Republicans have traded positions since 2006, when Republican President Bush sought to place Peter Keisler on the DC Circuit. Senate Democrats stalled that nomination until the end of the Bush administration, when it lapsed. There was a confirmation hearing on August 1, 2006.

Sen. Charles Schumer (D-NY), a long time member of the SJC, spoke at that hearing, and advanced many of the same arguments that Sen. Grassley is advancing now. (See, hearing transcript, at pages 189-190.)

Sen. Charles SchumerSen. Schumer (at right) said that Senate Republicans blocked nominees for the DC Circuit during the second term of former President Clinton's presidency, citing low circuit workload.

"Since these emphatic objections were raised in 1997, the caseload for the DC Circuit is down even further. The caseload has not gone up, it has gone down. Here are some statistics on that from the Administrative Office of the U.S. Courts. As measured by written decisions per active judge, the workload has declined by 17 percent since 1997. As measured by number of appeals resolved on the merits per active judge, it has declined by 21 percent. As measured by total number of appeals filed, it has declined by 10 percent. As measured by the total number of appeals resolved, the caseload has declined by a whopping 37 percent. So, Mr. Chairman, given the strident statements from some of my colleagues and the undeniable data from the administrative office, I am surprised we are rushing so fast here."

That is, Sen. Schumer and Sen. Grassley trade playbooks when the party of the President changes.

People and Appointments

6/3. Sen. Frank Lautenberg (D-NJ) died. See, release issued by his Senate office.

6/3. Securities and Exchange Commission (SEC) Chairman Mary Jo White named Robert Rice to be her Chief Counsel. See, SEC release. He previously worked for Deutsche Bank AG. Before that, he worked in the New York City office of the law firm of McDermott Will & Emory. Before that, from 1991 through 2000, he was an Assistant U.S. Attorney in the Southern District of New York.

5/28. President Obama has not yet announced his intent to nominate Jason Furman to be Chairman of the Executive Office of the President's (EOP) Council of Economic Advisers (CEA), The current Chairman, Alan Krueger, will resume his previous employment at Princeton University. See, White House news office release. Furman is currently the Principal Deputy Director of the EOP's National Economic Council (NEC)

5/29. The Department of Commerce's (DOC) International Trade Administration (ITA) published a notice in the Federal Register (FR) that solicits applications for membership on the U.S.-Brazil CEO Forum. The deadline to submit applications is June 28, 2013. The term of the current representatives to the U.S. Section will expire August 12, 2013. See, FR, Vol. 78, No. 103, May 29, 2013, at Page 32239.

5/23. The Senate confirmed Sri Srinivasan to be a Judge of the U.S. Court of Appeals (DCCir). See, Congressional Record, May 23, 2013, at Page S3885.

5/23. The Senate confirmed Mark Barnett to be a Judge of the U.S. Court of International Trade. See, Congressional Record, May 23, 2013, at Page S3884.

5/23. The Senate confirmed Claire Kelly to be a Judge of the U.S. Court of International Trade. See, Congressional Record, May 23, 2013, at Page S3884.

More News

6/3. Trial commenced in the U.S. District Court (SDNY) in U.S. v. Apple. See, opening statement [81 pages in PDF] submitted by the Department of Justice's (DOJ) Antitrust Division. Apple is the only remaining defendant. All of the publisher defendants settled with the DOJ. See, "DOJ Sues Apple and Book Publishers Alleging E-Book Price Collusion", "Analysis of DOJ's Sherman Act Claim Against Apple and E-Book Publishers", and related stories in TLJ Daily E-Mail Alert No. 2,368, April 11, 2012.

6/3. The court martial commenced in U.S. v. Bradley Manning in the United States Army Military District of Washington, Ft. Meade, Maryland. This case is also known as the Wikileaks court martial.

5/28. The Copyright Royalty Judges published a notice in the Federal Register (FR) that announces that they received two notices of intent to audit the 2010, 2011, and 2012 statements of account submitted by Saga Communications, Inc. and Cumulus Media, Inc. concerning the royalty payments made by each pursuant to two statutory licenses. See, FR, Vol. 78, No. 102, May 28, 2013, at Page 31977.

5/28. A divided Copyright Royalty Judges panel published a notice in the Federal Register (FR) that announces, describes, and contains a Technical Amendment to the Final Determination regarding rates and terms for the digital transmission of sound recordings and the reproduction of ephemeral recordings by preexisting subscription services and preexisting satellite digital audio radio services for the period
beginning January 1, 2013, and ending on December 31, 2017. This proceeding is Docket No. 2011-1 CRB PSS/Satellite II. See, FR, Vol. 78, No. 102, May 28, 2013, at Pages 31842-31846.

5/24. The Federal Communications Commission (FCC) published a notice in the Federal Register (FR) that sets deadlines for submitting comments in response to its Public Notice (PN) regarding its proposals to conduct three limited "real-world trials to obtain data" regarding transitioning public switched telephone network technology to all internet protocol networks. The deadline to submit initial comments is July 8, 2013. The deadline to submit reply comments is August 7, 2013. This PN is DA 13-1016 in GN Docket No. 13-5. The FCC released it on May 10, 2013. See, FR, Vol. 78, No. 101, May 24, 2013, at Pages 31542-31548. See also, story titled "FCC Requests Comments on Possible IP Transition Trials" in TLJ Daily E-Mail Alert No. 2,561, May 14, 2013.

5/24. The Federal Communications Commission (FCC) published a notice in the Federal Register (FR) sets comment deadlines for its Further Notice of Proposed Rulemaking (FNPRM) regarding whether, under the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA), a multichannel video programming distributor (MVPD') service is covered by the emergency information rules and by the video description rules when it permits its subscribers to access linear video programming on mobile and other devices. The deadline to submit initial comments is July 23, 2013. The deadline to submit reply comments is August 22. This item is FCC 13-45 in MB Docket Nos. 12-107 and 11-43. The FCC adopted this item on April 8, 2013, and released it on April 9. See, FR, Vol. 78, No. 101, May 24, 2013, at Pages 31800-31808.

5/24. The Department of Health and Human Services' (DHHS) Substance Abuse and Mental Health Services Administration (SAMHSA) published a notice in the Federal Register (FR) that announces a contest for the development of web applications, mobile apps, and other information technology based products that help prevent high risk drinking among college students. The awards are $60,000 for first place, $30,000 for second place, and $10,000 for third place. The deadline to submit entries is July 8, 2013. Winners will be announced on or about September 13, 2013. See, FR, Vol. 78, No. 101, May 24, 2013, at Pages 31571-31572.

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In This Issue
This issue contains the following items:
 • Supreme Court Upholds Suspicionless Seizures of DNA Swabs
 • Indictment Returned and Domains Seized in Liberty Reserve Digital Currency Matter
 • Sen. Grassley Condemns Obama's Plans to Pack DC Circuit
 • People and Appointments
 • More News
Washington Tech Calendar
New items are highlighted in red.
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.

The Senate will meet at 10:00 AM. It is scheduled to resume consideration of S 954 [LOC | WW], the "Agriculture Reform, Food, and Jobs Act of 2013". It will recess from 12:30 until 2:15 PM for weekly party caucus meetings.

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.

POSTPONED TO JUNE 11. 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 Thomas Easterly (Indiana Department of Environmental Management), William Kovacs (U.S. Chamber of Commerce), Allen Puckett (Columbus Brick Company), and John Walke (Natural Resources Defense Council). 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. The agenda includes consideration of Tony West (to be the Associate Attorney General) and four judicial nominees: Valerie Caproni (USDC/SDNY), Vernon Broderick (USDC/SDNY), Patricia Smith (U.S. Court of Federal Claims), and Elaine Kaplan (U.S. Court of Federal Claims). See also, story titled "Senate Judiciary Committee Holds Hearing on West" in TLJ Daily E-Mail Alert No. 2,568, May 31, 2013, and story titled "Obama Nominates Caproni to District Court" in TLJ Daily E-Mail Alert No. 2,474, November 19, 2012. 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.

Tuesday, June 11

Day two 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.

8:00 AM - 5:00 PM. Day one of a two day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT). See, notice in the Federal Register, Vol. 78, No. 98, May 21, 2013, at Pages 29704-29705. Location: NIST, Portrait Room, Administration Building, 100 Bureau Drive, Gaithersburg, MD.

8:00 AM - 5:00 PM. Day one of a two day meeting of the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) Nanoscale Science, Engineering, and Technology Subcommittee. See, notice in the Federal Register, Vol. 78, No. 79, April 24, 2013, at Page 24241. Location: USDA Conference and Training Center, Patriots Plaza III, 355 E St., SW.

8:00 AM - 5:00 PM. Day one of a two day event hosted by Georgetown University's (GU) Georgetown Center for Business and Public Policy (GCBPP) titled "Workshop on the Economics of Information Security". See, notice. Location: GU, Hariri Building, McDonough School of Business.

8:30 - 10:00 AM. The Microsoft and Georgetown University will host an event titled "Privacy in a Digital World". The speakers will be Julie Brill (FTC Commissioner), Marc Rotenberg (EPIC), and Jules Polenetsky (Future of Privacy Forum). See, notice. Location: Washington Post, 1150 15th St., NW.

8:30 AM - 5:30 PM. Day one of a two day meeting of the Department of the Interior's (DOI) National Geospatial Advisory Committee (NGAC). The agenda includes discussion of the Strategic Plan of the National Spatial Data Infrastructure (NSDI), which provides data for, among other things, Google Maps and Microsoft Bing maps. See, notice in the Federal Register, Vol. 78, No. 99, May 22, 2013, at Page 30328. Location: South Interior Building Auditorium, 1951 Constitution Ave., NW.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, Vol. 78, No. 102, May 28, 2013, Page 31884. Location: DOC, Room 3884, Hoover Building, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:00 AM - 2:30 PM. The Federalist Society will host an event titled "Executive Branch Review Conference". This event will include numerous panels, including ones "Is Government a Friend or Foe of Innovation", "Is the Administrative State on the Rise?", and "Regulation and the Rule of Law". Lunch will be served. Free. The price for CLE credits is $50. See, notice and registration page. Location: National Press Club, 529 14th St., NW.

RESCHEDULED FROM JUNE 4. 9:30 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.

12:15 PM. The New America Foundation (NAF) will host a discussion of the book [Amazon] titled "Present Shock: When Everything Happens Now". The speakers will be Douglas Rushkoff (author), Christine Rosen (NAF) and Marvin Ammori (NAF). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

1:00 - 5:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will hold another in its series of meetings regarding mobile application transparency. See, notice in the Federal Register, Vol. 78, No. 62, April 1, 2013, at Pages 19461-19462. Location: American Institute of Architects, 1735 New York Ave., NW.

1:00 PM. The US Telecom will host a webcast seminar to present a report titled "Independent Telco Benchmark Report". The speaker will be Tim Owens of Cronin Communications. The price for a copy of the report and access to this seminar is $395. See, notice.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to the April 18 petition for reconsideration of the FCC's Sixth Order on Reconsideration and Memorandum Opinion and Order regarding the Connect America Fund and high cost universal service subsidies. The FCC adopted that item on January 31, and released it on February 27. It is FCC 13-16 in WC Docket Nos. 10-90 and 05-337. See also, FCC Public Notice regarding deadlines.