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Wednesday, June 5, 2013, Alert No. 2,571.
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FISC Orders Verizon to Produce Call Data for Everyone Every Day

6/6. The Guardian, a newspaper and news publishing business based in the United Kingdom, published an article by Glenn Greenwald titled "NSA collecting phone records of millions daily, court order reveals".

The Guardian also published a copy of a document [PDF | HTML] titled "Secondary Order" issued by the U.S. federal government entity titled "Foreign Intelligence Surveillance Court", or "FISC".

The Guardian article adds that it "approached the National Security Agency, the White House and the Department of Justice for comment in advance of publication on Wednesday. All declined. The agencies were also offered the opportunity to raise specific security concerns regarding the publication of the court order."

The Order. The order directs Verizon to produce on a "daily basis" all "call detail records" or "telephony metadata" created by Verizon "for communications (i) between the United States and abroad; or (ii) wholly within the United States, including local telephone calls".

The only call records not covered by this order are "telephony metadata for communications wholly originating and terminating in foreign countries". However, it would be the case that the FBI and NSA are obtaining such records by other means.

That is, anyone who makes a call, or receives a call, that is initiated or terminated on Verizon's network, is subjected to FBI and NSA surveillance. Moreover, the information being collected and stored by the government includes "routing information, including but not limited to session identifying information (e.g., originating and terminating telephone number, International Mobile Subscriber Identity (IMSI) number, International Mobile station Equipment Identity (IMEI) number, etc.), trunk identifier, telephone calling card numbers, and time and duration of call". (Parentheses in original.)

This order does not authorize access to the content of calls. It is not also a wiretap order.

The order states that it was issued pursuant to the authority contained in 50 U.S.C. § 1861. This is the section of the Foreign Intelligence Surveillance Act (FISA) that pertains to "Access to certain business records for foreign intelligence and international terrorism investigations".

The controversial Section 215 of the 2001 USA PATRIOT ACT amended this section to enable the government to obtain records from phone companies, and others, pursuant to a very low standard -- mere relevance to an investigation. However, the just disclosed order, directed at the phone records of all persons, arguably fails to meet even this most minimal standard.

The Guardian did not also publish the application(s) of the FBI and/or NSA for this order. Nor does Roger Vinson's order explain how everybody's phone call data is relevant an authorized investigation into terrorism, intelligence matters or the activities of foreign powers.

See also, TLJ's edition of the order, in HTML, with hyperlinks and notes.

Section 215. Section 1861 of Title 50, the authority for issuance of this order, has a storied history. It is also known as Section 501 of the FISA. The 2001 surveillance act (Section II of the USA PATRIOT Act) amended Section 1861/501 in its Section 215. And since, there have been contentious debates over, and amendments to, this controversial provision. These debates have usually been conducted with reference to Section 215.

See also, HR 3162, 107th Congress, titled "USA PATRIOT Act", signed October 26, 2001, Public Law 107-56.

This 1861/501/215 authority enables the FBI to obtain from a judge or magistrate an order requiring the production business records, including phone company, ISP, library, and bookseller records.

Moreover, while the FISC body bears very few attributes of an Article III court, the statute counts the FISC as a court.

This section 1861 further provides that if the government submits an application to the court that states that there are "reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation", then the "judge shall enter an ex parte order as requested". This is a very low standard. The judge is left with almost no discretion.

Precisely, section 1851 requires that such application "shall include ... a statement of facts showing that there are reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, such things being presumptively relevant to an authorized investigation if the applicant shows in the statement of the facts that they pertain to -- (i) a foreign power or an agent of a foreign power; (ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (iii) an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation".

The referenced subsection (a)(2) merely requires that the investigation be conducted pursuant to "guidelines approved by the Attorney General" and that it "not be conducted of a United States person solely upon the basis of activities protected by the first amendment to the Constitution".

It should also be noted that Section 1851 also requires that the FBI's application contain an "enumeration of the minimization procedures adopted by the Attorney General". However, Roger Vinson's order does not reference minimization.

Section 1861 also grants broad immunity from liability for anyone, such as Verizon, who complies with a Section 1861 order.

National Security Letters. Section 1861/501/215 is just one means for the government to obtain records from phone companies.

Another method is the issuance of a National Security Letter (NSL). The relevant statute is codified at 18 U.S.C.§ 2709. This section provides that "A wire or electronic communication service provider shall comply with a request for subscriber information and toll billing records information, or electronic communication transactional records in its custody or possession made by the Director of the Federal Bureau of Investigation".

Section 2709 also requires that the FBI must certify to the service provider that the request is "relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the first amendment to the Constitution". That is, Section 2709 parallels the Section 1861 standard.

The FBI has often preferred use of the NSL to the Section 215 order. NSLs can reach companies like Verizon. They can be used to obtain call records. Moreover, since the NSL is essentially an administrative subpoena, it requires no judicial approval.

Section 215 sets a very low standard for judicial approval, but it nevertheless requires judicial approval, which NSLs do not.

One might speculate that the reason that the FBI and NSA obtained a Section 215 order from the FISC was that Verizon refused to comply with an NSL directed at any everyone who makes or receives phone calls. That is, Verizon might have insisted that such a broad NSL did not satisfy the relevance requirement of Section 2709.

FBI History of Abusive Access to Phone Records. The Department of Justice's (DOJ) Office of the Inspector General (OIG) released a series of lengthy reports in 2007, 2008 and 2010.

The DOJ/OIG found, among other things, improper conduct by the FBI in obtaining phone records. Although, those reports found most of the misconduct in the use of National Security Letters (NSLs) and exigent letters (which have no statutory basis).

The DOJ/OIG surveillance reports are as follows:

  • January 20, 2010 redacted report [306 pages in PDF] titled "A Review of the Federal Bureau of Investigation's Use of Exigent Letters and Other Informal Requests for Telephone Records".
  • March 13, 2008, report [PDF] titled "A Review of the FBI's Use of National Security Letters: Assessment of Corrective Actions and Examination of NSL Usage in 2006".
  • March 2008 report [PDF] titled "A Review of the FBI’s Use of Section 215 Orders for Business Records in 2006".
  • March 9, 2007, report [PDF] titled "A Review of the Federal Bureau of Investigation's Use of National Security Letters".

The General Counsel of the FBI at the time of surveillance misconduct disclosed by the DOJ/OIG reports was Valerie Caproni. She has not been indicted. Rather, she has been nominated for a seat on the U.S. District Court (SDNY). See, story titled "Obama Nominates Caproni to District Court" in TLJ Daily E-Mail Alert No. 2,474, November 19, 2012

Her nomination is on the agenda for the Senate Judiciary Committee's (SJC) executive business meeting on Thursday, June 6. She is sailing through the confirmation process. Once confirmed, because of her background, she will become a likely candidate for appointment by the Chief Justice of the United States to the FISC. She may soon be issuing secret blanket Section 215 orders to phone companies and internet service providers.

FCC Adopts CVAA NPRM on User Interfaces

5/30. The Federal Communications Commission (FCC) adopted and released a Notice of Proposed Rulemaking (NPRM) regarding implementation of Sections 204 and 205 of the Twenty-First Century Communications and Video Accessibility Act, which is also known as the CVAA, which mandate that user interfaces on digital apparatus and navigation devices used to view video programming be accessible to and usable by blind and visually impaired people.

The 111th Congress enacted the CVAA. See, S 3304 [LOC | WW], previously titled the "Equal Access to 21st Century Communications Act", which contains the substantive language, and S 3828 [LOC | WW], the "Twenty-First Century Communications and Video Accessibility Act of 2010", which President Obama signed into law on October 8, 2010. It is now Public Law No. 111-260.

CVAA Section 204. Section 204 of Title II of S 3304 pertains to "User Interfaces on Digital Apparatus". Paragraph (1) provides that the FCC shall write rules that require, "if achievable ... that digital apparatus designed to receive or play back video programming transmitted in digital format simultaneously with sound, including apparatus designed to receive or display video programming transmitted in digital format using Internet protocol, be designed, developed, and fabricated so that control of appropriate built-in apparatus functions are accessible to and usable by individuals who are blind or visually impaired, except that the Commission may not specify the technical standards, protocols, procedures, and other technical requirements for meeting this requirement".

Paragraph (2) of Section 204 continues that such rules shall provide that "that if on-screen text menus or other visual indicators built in to the digital apparatus are used to access the functions of the apparatus described in paragraph (1), such functions shall be accompanied by audio output that is either integrated or peripheral to the apparatus, so that such menus or indicators are accessible to and usable by individuals who are blind or visually impaired in real-time".

Paragraph (3) provides then provides that the rules shall require "that for such apparatus equipped with the functions described in paragraphs (1) and (2) built in access to those closed captioning and video description features through a mechanism that is reasonably comparable to a button, key, or icon designated by activating the closed captioning or accessibility features".

Finally, it provides that the term "apparatus" does not include "navigation device" as defined at 47 C.F.R. 76.1200.

CVAA Section 205. Section 205 pertains to "Access to Video Programming Guides and Menus Provided on Navigation Devices". It provides that that the FCC shall write rules the require "if achievable ... that the on-screen text menus and guides provided by navigation devices (as such term is defined in section 76.1200 of title 47, Code of Federal Regulations) for the display or selection of multichannel video programming are audibly accessible in real-time upon request by individuals who are blind or visually impaired, except that the Commission may not specify the technical standards, protocols, procedures, and other technical requirements for meeting this requirement" and "for navigation devices with built-in closed captioning capability, that access to that capability through a mechanism is reasonably comparable to a button, key, or icon designated for activating the closed captioning, or accessibility features". (Parentheses in original.)

It adds that "With respect to apparatus features and functions delivered in software, the requirements set forth in this subsection shall apply to the manufacturer of such software. With respect to apparatus features and functions delivered in hardware, the requirements set forth in this subsection shall apply to the manufacturer of such hardware."

Pai Statement. FCC Commissioner Ajit Pai wrote separately regarding what categories of devices are covered by the statute.

He wrote that "it would seem that the plain language of the statute precludes us from narrowing section 205 to cover only navigation devices provided by MVPDs and expanding section 204 to include navigation devices sold at retail along with other digital apparatus. Section 205 of the Act covers “navigation devices (as such term is defined in section 76.1200 of title 47, Code of Federal Regulations).” And section 204 of the Act specifically provides that “the term ‘apparatus’ does not include a navigation device, as such term is defined in section 76.1200 of the Commission’s rules (47 CFR 76.1200).” Given this straightforward language, I have difficulty seeing how any equipment that qualifies as a navigation device under our rules could be exempt from section 205 and covered instead as an apparatus under section 204 of the Act. The text of section 205 and the specific navigation-device carve-out from section 204 appear to apply to all navigation devices, regardless of whether they are supplied by MVPDs or obtained by consumers in another manner." (Parentheses in original. Footnotes omitted.)

This NPRM is FCC 13-77 in MB Docket No. 12-108. Initial comments will be due within 25 days of publication of a notice in the Federal Register (FR). Reply comments will be due within 50 days of such publication. The FCC has not yet published this FR notice.

More News

6/5. The Privacy and Civil Liberties Oversight Board (PCLOB) published a notice in the Federal Register (FR) that announces, describes, recites, and sets the effective date (June 5, 2013) for, its organizational and operational rules. See, FR, Vol. 78, No. 108, June 5, 2013, at Pages 33689-33690.

6/4. The Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) released a Public Notice (DA 13-1305) that announces, and provides a URL for, illustrative model outputs from running the Connect America Cost Model version 3.1.2.

5/31. Federal Communications Commission (FCC) Commissioner Ajit Pai gave a short speech at the Missouri Broadcasters Association convention in which he addressed "importance of AM radio in times of crisis", and the challenges facing AM broadcasters.

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In This Issue
This issue contains the following items:
 • FISC Orders Verizon to Produce Call Data for Everyone Every Day
 • FCC Adopts CVAA NPRM on User Interfaces
 • More News
Washington Tech Calendar
New items are highlighted in red.
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.

The Senate will meet at 9:00 AM. It is scheduled to resume consideration of S 954 [LOC | WW], the "Agriculture Reform, Food, and Jobs Act of 2013".

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 (USCESRC) will hold a hearing titled "China and the Middle East". See, USCESRC notice [PDF] and notice in the Federal Register, Vol. 78, No. 108, June 5, 2013, at Page 33894. 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 Steven Berry (Competitive Carriers Association), Michael Altschul (CTIA), George Slover (Consumers Union), and Steven Metalitz (Mitchell Silberberg & Knupp). See, notice. Location: Room 2141, Rayburn Building.

LOCATION CHANGE. 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. Room S-216, Capitol 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.

TIME CHANGE. 10:00 AM. 10:45 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Commerce, Justice and Science 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.

11:00 AM. The Senate Finance Committee (SFC) will hold a hearing on the nomination of Michael Froman to be the U.S. Trade Representative. See, notice, and story titled "USTR Nominee Froman Mired in Ugland House Controversy" in TLJ Daily E-Mail Alert No. 2,570, June 4, 2013. Location: Room 216, Dirksen Building.

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.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology (SCT) will hold a hearing titled "The Satellite Television Law: Repeal, Reauthorize, or Revise". See, notice. The witnesses will be __. Location: Room 2123, Rayburn Building.

RESCHEDULED FROM JUNE 5. 10:30 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.

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.

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 to the Federal Communications Commission (FCC) replies to oppositions to the Western Telecommunications Alliance's, Eastern Rural Telecom Association's, and National Exchange Carrier Association's April 18, 2013 petition for reconsideration [36 pages in PDF] 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, and notice in the Federal Register, Vol. 78, No. 96, May 17, 2013, at Pages 29097-29098.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to the US Telecom Association's April 4, 2013 petition for reconsideration and clarification [34 pages in PDF] of the FCC's 2011 USF/ICC Transformation Order regarding the reporting requirements to which eligible telecommunications carriers (ETC) are expected to adhere. See also, notice in the Federal Register, Vol. 78, No. 96, May 17, 2013, at Page 29097.

Extended deadline to submit reply comments to the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) in response to its Public Notice (PN) regarding rural call completion. This PN is DA 13-780 in WC Docket No. 13-39. The FCC released it on April 18, 2013. See, notice in the Federal Register, Vol. 78, No. 88, May 7, 2013, at Pages 26572-26573. See also, FCC's May 22 Public Notice (DA 13-1196) extending the reply comment deadline.

Wednesday, June 12

Day three 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 - 1:00 PM. Day two 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 two 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 - 11:45 AM Day two 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.

8:30 AM - 4:00 PM. Day two 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.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee (SHSGAC) will hold a hearing on the nomination of Howard Shelanski to be Administrator of the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs. See, notice, and story titled "Obama Picks Shelanski for OMB Post" in TLJ Daily E-Mail Alert No. 2,557, May 6, 2013. Location: Room 342, Dirksen Building.

12:15 - 1:45 PM. The DC Bar Association's Media Law Committee will host a closed brown bag lunch meeting to discuss media and communications law developments. Free. No CLE credits. Reporters are barred from covering this event. For more information, contact the DC Bar at 202-626-3463 or Kurt Wimmer (Covington & Burling) at kwimmer at cov dot com or Jim McLaughlin at mclaughlinj at washpost dot com. See, notice. Location: Washington Post, 1150 15th St., NW.

Deadline to submit to the Federal Communications Commission (FCC) objections to AT&T's April 17, 2013 application to discontinue certain domestic telecommunications services that utilize obsolete technologies. See, Public Notice [3 pages in PDF], DA 13-1083 in WC Docket No. 13-126.

Thursday, June 13

Supreme Court conference day. See, Supreme Court calendar.

RESCHEDULED FOR JUNE 27. The Information Technology and Innovation Foundation (ITIF) will host an event titled "Is Technology Responsible for American Job Loss?".

1:00 - 4:00 PM. The Federal Communications Commission's (FCC) Technological Advisory Council (TAC) will meet. Tom Wheeler is the Chairman of the TAC. See, story titled "Obama to Nominate Tom Wheeler to Be FCC Chairman" in TLJ Daily E-Mail Alert No. 2,556, May 1, 2013. See also, FCC's Public Notice, and notice in the Federal Register, Vol. 78, No. 106, June 3, 2013, at Page 33092. Location: FCC, Commission Meeting Room, 445 12th St., SW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Cyber Security for the Overseas Attorney: Understanding and Mitigating the Risk to Client Information When Traveling Abroad". The speakers will be David Manning (Applied Security, Inc.), Keith Riggins (Pamir Consulting), Allen Vaughn (Applied Security, Inc.), and Chandran Iyer (Sughrue Mion). Prices vary. CLE credits. See, notice.

1:00 - 3:15 PM. The DC Bar Association will host an event titled "Cloud Computing Transactions Workshop: A Systems Approach to Avoiding Thunderstorms". The speakers will be Henry Classen (Computer Sciences Corporation) and Philip Porter (Hogan Lovells). The price to attend ranges from $89 to $129. CLE credits. For more information, call 202-626-3488. The DC Bar has a history of barring reporters from its events. See, notice. Location: DC Bar Conference Center, 1101 K St., NW.

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 initial comments to the Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) regarding the 45 day public trial of Google's TV bands database system that was completed on April 17, 2013. See, FCC's May 29, 2013 Public Notice, DA 13-1220 in ET Docket No. 04-186.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) regarding the 45 day public trial of Keybridge's TV bands database system that was completed on April 24, 2013. See, FCC's May 29, 2013 Public Notice, DA 13-1222 in ET Docket No. 04-186.