6/18. The Attorney General of the state of Mississippi, Jim Hood, announced in a release that he would issue subpoenas directed at Google to collect evidence of its profiting from the sale of prescription drugs without a prescription, and other illegal conduct.

Hood stated that "We in good faith invited Larry Page, Chief Executive Officer of Google, to have an open, honest and transparent conversation about these important issues that are putting consumers at risk and facilitating wrongdoing, all while profiting handsomely from this dangerous behavior".

But, "Google's lack of response leaves us no choice except to issue subpoenas to Google for possible violations of state consumer protection acts and other state and federal civil and criminal laws." Hood added that "Google is aiding and abetting criminal activity and putting consumers at risk."

He elaborated that Google blocks search results and/or removes content in other areas, such as child pornography, and Nazi party items in its Germany web site. So, Hood asked, "Why will Google not remove websites or de-index known websites that purport to sell prescription drugs without a prescription or provide pirated content? Content removal can be done, but it appears Google is unwilling to remove content related to the purchase of prescription drugs without a prescription or the downloading of pirated movies and songs."

This release notes, for example, that if a user of Google search types "buy oxycod", then Google's auto complete function will provide "buy oxycodone online no prescription cod" as one of the choices.

Also, "users can search for and view videos purporting to sell prescription drugs without a prescription and other illegal activities all while viewing paid advertisements. What steps is Google taking to address advertising in conjunction with illicit videos on YouTube?"

The Digital Citizens Alliance (DCA) released a report on June 10, 2013 titled "Google and YouTube and Evil Doers: Too Close for Comfort" that states that Google is allowing its YouTube website "to be exploited by those selling and promoting illegal narcotics, prescription drugs without a valid prescription, knock-off merchandise, and fake IDs, including driver's license and passports."

The DCA added that "When Google sells ads on YouTube videos promoting things like drugs, prostitution, and forged documents, it has effectively become advertising partners with bad actors that make the Internet unsafe. That is because when YouTube users click on those ads, Google’s business model is to split the ad revenue with those video producers. It's hard to fathom why Google would knowingly run ads tied to videos promoting unsafe and potentially dangerous activities. While we all know that the price we pay for a free and open Internet will be things we may find objectionable, we are disappointed when a great company like Google profits from them."

The DCA states in its web site that its advisory board includes Sally Greenberg (Executive Director of the National Consumers League), Teri Schroeder (CEO of i-SAFE), Jonathan Zuck (head of the Association for Competitive Technology), and others.

Google stated in a release on June 18 that "we are making it increasingly difficult for these operators to effectively promote their rogue pharmacies online. A variety of websites and web services are refusing ads from suspected rogue pharmacies. Domain name registrars are removing suspect rogue pharmacies from their networks. Payment processors are blocking payments to these operators, and social networking sites are removing them from their systems too."

Google continued that "YouTube has implemented robust community guidelines governing uploaded content and user activity on YouTube. These guidelines prohibit spam, which includes the posting of large amounts of untargeted, unwanted, and repetitive content. YouTube's guidelines also prohibit the sale of illegal goods or promotion of dangerous activities."

Google added that "Our teams respond around the clock when such content is reported to us. To make the notification process as effective as possible, YouTube provides a flagging tool under every video on the site that lets users and law enforcement easily alert us whenever a video contains content that violates YouTube's policies regarding pharmaceuticals or illegal drugs."

6/17. The Supreme Court issued its opinion [43 pages in PDF] in FTC v. Actavis, holding that a reverse payment, also known as pay for delay, settlement in a pharmaceutical patent infringement case can violate antitrust law.

The Supreme Court declined to hold such reverse payment settlements presumptively unlawful. Rather, Courts must apply the rule of reason.

The Supreme Court reversed the judgment of the Court of Appeals, and remanded. Justice Breyer wrote the opinion of the Court, in which Justices Kennedy, Ginsburg, Sotomayor, and Kagan joined. Chief Justice Roberts wrote a dissent, in which Justices Scalia and Thomas joined. Justice Alito did not participate.

Proceedings Below. In this case the Federal Trade Commission (FTC) filed a complaint [45 pages in PDF] in the U.S. District Court (NDGa) against the parties that had settled another action -- Solvay Pharmaceuticals, Actavis (previously known as Watson Pharmaceuticals), Paddock Laboratories, and Par Pharmaceutical. The FTC alleged violation of Section 5 of the FTC Act, which is codified at 15 U.S.C. § 45, not Section 1 of the Sherman Act, which is codified at 15 U.S.C. § 1.

The District Court dismissed for failure to state a claim. The FTC appealed. The U.S. Court of Appeals (11thCir) issued its opinion on April 25, 2012, affirming the dismissal of the FTC's complaint. That opinion is reported as FTC v. Watson Pharmaceuticals, 677 F. 3d 1298 (2012).

The DOJ's Office of the Solicitor General (OSG) filed a petition for writ of certiorari on October 4, 2012. See, story titled "Solicitor General Files Cert Petition in FTC v. Watson" in TLJ Daily E-Mail Alert No. 2,459, October 5, 2012. See also, the DOJ's merits brief [131 pages in PDF] and story titled "DOJ Files Brief in Drug Patent Reverse Payments Case" in TLJ Daily E-Mail Alert No. 2,515, January 25, 2013.

Majority Opinion. Justice Breyer (at left) wrote this summary of the facts. "Company A sues Company B for patent infringement. The two companies settle under terms that require (1) Company B, the claimed infringer, not to produce the patented product until the patent's term expires, and (2) Company A, the patentee, to pay B many millions of dollars. Because the settlement requires the patentee to pay the alleged infringer, rather than the other way around, this kind of settlement agreement is often called a ``reverse payment´´ settlement agreement."

The opinion of the Court adds that "most if not all reverse payment settlement agreements arise in the context of pharmaceutical drug regulation, and specifically in the context of suits brought under statutory provisions allowing a generic drug manufacturer (seeking speedy marketing approval) to challenge the validity of a patent owned by an already-approved brand-name drug owner." (Parentheses in original.)

The Court concluded that "a reverse payment, where large and unjustified, can bring with it the risk of significant anticompetitive effects; one who makes such a payment may be unable to explain and to justify it; such a firm or individual may well possess market power derived from the patent; a court, by examining the size of the payment, may well be able to assess its likely anticompetitive effects along with its potential justifications without litigating the validity of patent disputes without the use of reverse payments. In our view, these considerations, taken together, outweigh the single strong consideration -- the desirability of settlements -- that led the Eleventh Circuit to provide near-automatic antitrust immunity to reverse payment settlements."

Rule of Reason. The Court noted that "The FTC urges us to hold that reverse payment settlement agreements are presumptively unlawful and that courts reviewing such agreements should proceed via a ``quick look´´ approach, rather than applying a ``rule of reason.´´"

The Court, citing California Dental Association v. FTC, 526 U. S. 756 (1999), stated that "abandonment of the ``rule of reason´´ in favor of presumptive rules (or a ``quick-look´´ approach) is appropriate only where ``an observer with even a rudimentary understanding of economics could conclude that the arrangements in question would have an anticompetitive effect on customers and markets.´´ ... We do not believe that reverse payment settlements, in the context we here discuss, meet this criterion." (Parentheses and internal quotations in original.)

"That is because the likelihood of a reverse payment bringing about anticompetitive effects depends upon its size, its scale in relation to the payor’s anticipated future litigation costs, its independence from other services for which it might represent payment, and the lack of any other convincing justification. The existence and degree of any anticompetitive consequence may also vary as among industries. These complexities lead us to conclude that the FTC must prove its case as in other rule-of-reason cases."

But, the Supreme Court decided to "leave to the lower courts the structuring of the present rule-of-reason antitrust litigation".

Dissent. Justice Roberts wrote in dissent that "A patent carves out an exception to the applicability of antitrust laws."

He argued that "The correct approach should therefore be to ask whether the settlement gives Solvay monopoly power beyond what the patent already gave it. The Court, however, departs from this approach, and would instead use antitrust law's amorphous rule of reason to inquire into the anticompetitive effects of such settlements. This novel approach is without support in any statute, and will discourage the settlement of patent litigation."

"The point of antitrust law is to encourage competitive markets to promote consumer welfare. The point of patent law is to grant limited monopolies as a way of encouraging innovation. Thus, a patent grants ´´the right to exclude others from profiting by the patented invention.´´" Chief Justice Roberts continued that "In doing so it provides an exception to antitrust law, and the scope of the patent -- i.e., the rights conferred by the patent -- forms the zone within which the patent holder may operate without facing antitrust liability.

He argued that "under our precedent, this is a fairly straightforward case. Solvay paid a competitor to respect its patent -- conduct which did not exceed the scope of its patent. No one alleges that there was sham litigation, or that Solvay’s patent was obtained through fraud on the PTO. As in any settlement, Solvay gave its competitors something of value (money) and, in exchange, its competitors gave it something of value (dropping their legal claims). In doing so, they put an end to litigation that had been dragging on for three years. Ordinarily, we would think this a good thing." (Parentheses in original.)

This case is FTC v. Actavis, Inc., Supreme Court of the U.S., Sup. Ct. No. 12-416, certiorari to the U.S. Court of Appeals for the 11th Circuit, App. Ct. No. 10-12729-DD. The Court of Appeals heard an appeal from the U.S. District Court for the Northern District of Georgia, D.C. No. 1:09-CV-00955-TWT.

6/17. Several members of Congress praised the Supreme Court's June 17 opinion [43 pages in PDF] in FTC v. Actavis, holding that a reverse payment settlement in a pharmaceutical patent infringement case can violate antitrust law.

Rep. Henry Waxman (D-CA) stated in a release that "the over-arching goal of Waxman-Hatch is to foster competition in the pharmaceutical industry. The type of collusive agreement at issue in this case represents a total perversion of the spirit of this law. This is a significant victory for consumers. But I will continue to vigilantly watch to ensure that Waxman-Hatch patent settlements are pro-competitive and pro-consumer in the future."

Sen. Amy Klobuchar (D-MN) stated in a release that "The Supreme Court's opinion confirms what we have been saying all along -- that pay for-delay deals are anti-consumer, anti-competitive and are in contrast to antitrust law. Brand companies win by thwarting competition, generic companies win by getting huge payments to stay off the market, and consumers lose out on billions of dollars in cost savings from cheaper generic drugs."

Sen. Klobuchar (at right) continued that "The Court goes a long way towards addressing these concerns, but our legislation goes even further to ensure Americans have access to the drugs they need at the prices they can afford, and I'll continue push to ensure consumers have access to a competitive prescription drug marketplace."

Sen. Charles Grassley (R-IA) stated in this release that this opinion "is a good step toward putting an end to this kind of anti-competitive behavior. ... In the meantime, we’ll continue to push our legislative remedy to put consumers first". Sen. Klobuchar introduced S 214 [LOC | WW], the "Preserve Access to Affordable Generics Act", on January 17, 2013. Sen. Grassley is one of five cosponsors.

Sen. Leahy, who is not a cosponsor of S 214, released a statement in which he said that "In early 2007, I chaired a hearing raising concerns about reverse-payment settlements between brand-name and generic pharmaceutical companies that are harming consumers and raising health care costs. In each of the last three Congresses, the Senate Judiciary Committee has reported bipartisan legislation to protect consumers from anticompetitive drug settlements. I am pleased that the Court today recognized that antitrust policies play an important role in protecting consumers even when patents are at issue. Today's decision should caution drug companies against making payments to delay competition and harm consumers."

Edith Ramirez, Chairman of the FTC, stated in a release that "The Supreme Court’s decision is a significant victory for American consumers, American taxpayers, and free markets. The Court has made it clear that pay-for-delay agreements between brand and generic drug companies are subject to antitrust scrutiny, and it has rejected the attempt by branded and generic companies to effectively immunize these agreements from the antitrust laws. With this finding, the Court has taken a big step toward addressing a problem that has cost Americans $3.5 billion a year in higher drug prices."

She added that "We look forward to moving ahead with the Actavis litigation and showing that the settlements violate antitrust law."

6/17. FTC v. Actavis was an action brought by the Federal Trade Commission (FTC) under Section 5 of the FTC Act that alleged, at bottom, that a settlement in a separate private patent action violates antitrust law. The Court created an exception to the exception to antitrust liability in patent infringement actions.

Although, the facts of this case are complexly based in the processes established by the Hatch Waxman Act.

Nevertheless, the question arises, what other types of potential antitrust actions, whether brought by the FTC or the Department of Justice's (DOJ) Antitrust Division, and whether under the FTC Act, Sherman Act, or Clayton Act, might be affected by this opinion.

Justice Breyer, who wrote for the majority, offered no dicta on this question.

It might be argued that this opinion does have implications for a broader range of scenarios than just reverse payment settlements in pharmaceutical patent litigation. Consider, for example, settlement of patent infringement cases involving standards essential patents (SEPs), for which the original holder made fair, reasonable, and non-discriminatory (FRAND) commitments to a stand setting organization (SSO), which patents were subsequently transferred to a patent assertion entity (PAE), which then filed patent infringement actions against producers of products covered by that standard and which practice the SEPs.

Unlike the original holder who made the FRAND commitments, the PAE may not have a reputation to protect, and may not fear retaliatory patent infringement actions. Moreover, if the original holder transferred the SEPs to a PAE, subject to a covenant not to sue the original holder or its customers (but with no restriction on suing competitors of the original holder and its customers), and for the purpose of raising the costs to users of the competitors' products, one might argue that the facts giving rise to the Actavis opinion are somewhat analogous.

In both Actavis and the above SEP/FRAND hypothetical, there exist valid patents, standing to sue on those patents, arms length settlements of those suits, and the patent exception to antitrust liability. In Actavis the Court found an exception to the patent exception, in part, because the settlement had an anti-competitive effect, and because it was unjustified.

In the above SEP/FRAND hypothetical, transferring SEP patents to a competitor to drive up costs to customers of that competitor may harm competition. Moreover, since the industry adopted the standard that incorporated the SEPs in reliance upon the FRAND commitments, the subsequent PAE actions are arguable unjustified. Hence, the argument would go, under the Actavis holding, the FTC should have an action under Section 5 of the FTC Act against the PAE and/or original holder.

Similarly, a competitor might attempt to rely upon the holding of Actavis in bringing a private right of action under the Sherman Act against the original holder and/or PAE assignee.

6/17. On June 17, 2013, Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC) announced that he will attempt to rapidly move President Obama's three latest nominees for the U.S. Court of Appeals (DCCir) through the SJC.

President Obama nominated Patricia Ann Millett, Cornelia Pillard, and Robert Wilkins on June 4. Sen. Leahy stated on June 17 that "I plan to notice the first hearing for July 10", for Millett.

As a general matter, when Senators seek to block a Court of Appeals nominee, they usually try to delay, in order to enable their staffs and allied outside groups to thoroughly investigate the nominee, and to acquire time to develop campaigns to build Senate and grass roots opposition to the nominee. Conversely, the Senators who seek to win confirmation of a controversial nominee try to accelerate the confirmation process, to deny the opposition time to organize.

The SJC holds a hearing on every nominee for an Article III court. However, the SJC typically holds one hearing for several nominees at a time. The SJC later votes on every nominee at an executive business meeting. Republicans on the SJC can do little to delay judicial nominees in the SJC.

The full Senate another matter. It is likely that Senate Republicans will filibuster these three nominees. If Republicans maintain solidarity, there are not enough Democratic votes to over the filibusters.

To address this, Sen. Harry Reid (D-NV), the Senate Majority Leader, may act to change the Senate rules. On June 12, 2013, Sen. Charles Grassley (R-IA), the ranking Republican on the SJC, spoke in the Senate regarding President Obama's plan and the Senate filibuster rules.

Basically, he said that if Sen. Reid attempts to change the Senate Rules, he would break a promise that he made to Senate Republicans on the Senate floor on January 24, 2013.

Sen. Mitch McConnell (R-KY), the Senate Minority Leader, Sen. Reid and others engaged in a colloquy regarding the deal struck for Senate rules for the 113th Congress. Sen. McConnell stated, "Finally, I would confirm with the majority leader that the Senate would not consider other resolutions relating to any standing order or rules this Congress unless they went through the regular order process?" Sen. Reid responded, "That is correct. Any other resolutions related to Senate procedure would be subject to a regular order process including consideration by the Rules Committee." See, Congressional Record, January 24, 2013, at Pages S272-273.

Just one day later, on January 25, the DC Circuit issued is opinion [PDF] in Canning v. NLRB., striking down several of President Obama's purported recess appointments. It is that opinion that prompted President Obama to decide to pursue a court packing strategy, to keep other executive actions from being overturned.

For more TLJ coverage of this topic, see:

• "Obama Launches Effort to Pack the DC Circuit" in TLJ Daily E-Mail Alert No. 2,570, June 4, 2013.
• "Sen. Grassley Condemns Obama's Plans to Pack DC Circuit" in TLJ Daily E-Mail Alert No. 2,569, June 3, 2013.
• "Obama Wants to Appoint Three More Judges to DC Circuit" in TLJ Daily E-Mail Alert No. 2,566, May 23, 2013.
• "Future Nominees for the DC Circuit May Face Republican Opposition" in TLJ Daily E-Mail Alert No. 2,562, May 15, 2013.

6/19. The Senate confirmed Mike Froman to be the U.S. Trade Representative by a vote of 93-4. See, Roll Call No. 158. The four no votes, and one present vote, were cast by Democrats. Sen. Max Baucus (D-MT) stated in a release that "I'm looking forward to working with him to get Trade Promotion Authority done".

6/18. The Senate confirmed Luis Restrepro to be a Judge of the U.S. District Court (EDPenn). See, Congressional Record, June 17, 2013, at Page S4621.

6/18. The Senate confirmed Kenneth Gonzalez to be a Judge of the U.S. District Court (DNMex). See, Congressional Record, June 17, 2013, at Page S4621.

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

The Senate will meet at 9:30 AM. It will resume consideration of S 744 [LOC | WW], the immigration bill.

Supreme Court conference day. See, Supreme Court calendar.

Day two of a three day event titled hosted by the American Bar Association (ABA) titled "8th Annual Homeland Security Law Institute". At 3:15 - 4:15 PM there will be a panel titled "Cyber Security for the Private Sector: What Companies and Their Lawyers Need to Know". Prices vary. CLE credits. See, conference web site. Location: Capital Hilton Hotel, 1001 16th St., NW.

8:00 AM - 6:00 PM. The Armed Forces Communications and Electronics Association (AFCEA) will host an event titled "DC Emerging Technologies Symposium". See, notice. Location: Omni Shoreham Hotel, 2500 Calvert St., NW.

8:30 - 9:00 AM. Rep. Fred Upton (R-MI), Chairman of the House Commerce Committee (HCC), will give a breakfast address at an event hosted by the National Association of Manufacturers (NAM) titled Manufacturers Summit. Location: Hyatt Regency Capitol Hill, Regency A Room, 400 New Jersey Ave.,  NW.

9:00 AM - 5:00 PM. Day one of a two day conference hosted by the Utilities Telecom Council (UTC) titled "2013 Critical Infrastructure Communications Policy Summit & 700 MHz Workshop". See, notice. Location: Washington Court Hotel, 525 New Jersey Ave., NW.

9:00 AM - 5:00 PM. The Department of Transportation's (DOT) Federal Aviation Administration's (FAA) RTCA Special Committee 224, Airport Security Access Control Systems will meet. See, notice in the Federal Register, Vol. 78, No. 101, May 24, 2013, at Pages 31627-31628. Location: RTCA, Inc., Suite 910, 1150 18th St., NW.

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 - 2:00 PM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. See, FCC Public Notice and notice in the Federal Register, Vol. 78, No. 111, June 10, 2013, at Pages 34660-34661. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:00 NOON - 2:30 PM. The Computer and Communications Industry Association (CCIA) and American Antitrust Institute (AAI) will host a panel discussion titled "Competition Law & Patent Assertion Entities: What Antitrust Enforcers Can Do". The speakers will be Ed Black (head of the CCIA), Michael Carrier (Rutgers School of Law), Bert Foer (head of the AAI), Lisa Kimmel (Attorney Advisor to FTC Chairman Edith Ramirez), Frances Marshall (DOJ Antitrust Division), and Paul Saraceni (RPX Corporation). Free. Lunch will be served. See, CCIA notice and registration page. Location: National Press Club, 529 14th St., NW.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Negotiating an Electronic Health Record (EHR) Agreement: A Marriage Between Healthcare and Technology". The speakers will be John Christiansen (Christiansen IT Law), Lee Kim (Tucker Arensberg), Wendi Wright (Allscripts), and Clinton Mikel (Health Law Partners). Prices vary. CLE credits. See, notice.

1:00 PM. The US Telecom will host a webcast seminar titled "Gigabit Service Delivery -- How Can We Get There?". The speaker will be Craig Goodwin of ADTRAN. Free. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Moving Your Practice to the Cloud, Safely and Ethically". The speakers will be Brett Burney (Burney Consultants) and Daniel Siegel (Integrated Technology Services). Prices vary. CLE credits. See, notice.

2:00 - 3:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "The ABCs of Intellectual Property in Government Contracts". The speakers will be Jacinta Alves, Jonathan Baker, and John McCarthy (all of Crowell & Moring). See, notice.

2:15 PM. The Senate Foreign Relations Committee (SFRC) will hold a hearing on the nomination of Daniel Russel to be Assistant Secretary of State for East Asian and Pacific Affairs. See, notice. Location: Room 419, 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.

4:00 - 7:15 PM. The DC Bar Association will host an event titled "Antitrust Investigations: Tactical and Ethical Issues". The speakers will be Ann O'Brien (DOJ Antitrust Division), Douglas Kenyon (Hunton & Williams), Donald Klawiter (Sheppard Mullin), and Ryan Thomas (Jones Day). 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.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Spring Reception". See, notice and registration form. Prices vary. Location: Microsoft, 901 K St., NW.

6:00 PM. The Competitive Enterprise Institute (CEI) will host an event titled "Annual Dinner". The speakers will include Sen. Rand Paul (R-KY). The reception will begin at 6:00 PM. The dinner will begin at 7:15 PM. The after dinner party will begin at 9:30 PM. Location: J.W. Marriot Hotel, 1331 Pennsylvania Ave., NW.

Deadline to submit reply 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.

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

Day three of a three day event titled hosted by the American Bar Association (ABA) titled "8th Annual Homeland Security Law Institute". At 9:30 - 10:30 AM there will be a panel titled "Protecting Our Nation's Cyber Critical Infrastructure". Prices vary. CLE credits. See, conference web site. Location: Capital Hilton Hotel, 1001 16th St., NW.

8:30 AM - 12:30 PM. Day two of a two day conference hosted by the Utilities Telecom Council (UTC) titled "2013 Critical Infrastructure Communications Policy Summit & 700 MHz Workshop". See, notice. Location: PEPCO Headquarters.

10:30 AM - 3:30 PM. The Federal Communications Commission's (FCC) Emergency Access Advisory Committee (EAAC) will meet. See, notice. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

8:30 AM - 4:00 PM. The Department of Labor's (DOL) Bureau of Labor Statistic's (BLS) Technical Advisory Committee (TAC) will meet. At 9:00 AM the TAC will discuss "How to take account of Internet job search in measuring unemployment in the CPS". Open to the public. See, notice in the Federal Register, Vol. 78, No. 102, May 28, 2013, at Pages 31976-31977. Location: Rooms 1 and 2, Postal Square Building, 2 Massachusetts Ave., NE.

12:00 NOON - 1:00 PM. The Internet Caucus will host an event titled "Privacy, the NSA, and Your Constituents' Phone and Internet Records: An Experts' Primer on the Law, the Technology and the History". The speakers will be __. Some box lunches will be served. No webcast. Free. Register at rsvp at netcaucus dot org. See, notice. Location: Room 2237, Rayburn Building.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding elevating the allocation status of Earth Stations Aboard Aircraft (ESAA) in the 14.0-14.5 GHz band from secondary to primary and whether giving ESAA licensees primary status in the 14.0-14.5 GHz band would require a change to the technical rules. The FCC adopted this NPRM on December 20, 2012, and released it on December 28, 2012. It is FCC 12-161 in IB Docket No. 12-376. See, original notice in the Federal Register, Vol. 78, No. 46, March 8, 2013, at Pages 14952-14957. See also, second notice in the FR, Vol. 78, No. 61, March 29, 2013, at Page 19172.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice [5 pages in PDF] regarding improving receiver performance. This PN is DA 13-801 in ET Docket No. 13-101. The FCC released it on April 22, 2013. See also, notice in the Federal Register, Vol. 78, No. 89, May 8, 2013, at Pages 26777-26779.

Deadline to submit to the Federal Communications Commission (FCC) oppositions to the petition for reconsideration of the FCC's booster order filed by Wilson Electronics and V-COMM. The FCC adopted and released that Report and Order [106 pages in PDF] on February 20, 2013. It is FCC 13-21 in WT Docket No. 10-4. See, notice in the Federal Register, Vol. 78, No. 109, June 6, 2013, at Page 34015.

Day one of a three day conference hosted by the Federal Energy Regulatory Commission (FERC) titled "Increasing Market and Planning Efficiency Through Improved Software". See, conference web site. See also, notice in the Federal Register, Vol. 78, No. 60, March 28, 2013, at Pages 18974-18975. Location: FERC, Rooms 3M-2, 3M-3, and 3M-4, 888 First St., NE.

Day one of a two day conference hosted by the ASAN Institute for Policy Studies titled "The Enduring Alliance: Celebrating the 60th Anniversary of ROK-US Relations". Registration required. The deadline to register is June 21. See, notice. Location: Ronald Reagan Building and International Trade Center.

10:00 AM - 12:00 NOON. The National Endowment for Democracy (NED) will host a panel discussion regarding the book [Amazon] titled "Black Code: Inside the Battle for Cyberspace". The speakers will be Ronald Deibert (author), Leslie Harris (Center for Democracy and Technology), Harvey Rishikof, and Rebecca MacKinnon (New America Foundation). Free. See, notice and registration page. Location: NED, 8th Floor, 1025 F St., NW.

5:00 PM. Deadline to submit cell phone detector devices for consideration for use by the Department of Justice (DOJ). The DOJ is soliciting devices for use by the DOJ in detecting contraband use by prisoners in federal prisons. See, notice in the Federal Register, Vol. 78, No. 91, May 10, 2013, at Pages 27441-27442.

5:00 PM. Deadline to submit reply comments to the Copyright Office (CO) regarding its proposed rules regarding verification of statements of account submitted by cable operators and satellite carriers. See, notice in the Federal Register, Vol. 78, No. 90, May 9, 2013, at Pages 27137-27153.

Deadline to submit comments to the Transportation Security Administration (TSA) in response to its notice of proposed rulemaking (NPRM) that proposes to amend its rules regarding use of body imaging technology at airports. See, notice in the Federal Register, Vol. 78, No. 58, March 26, 2013, at Pages 18287-18302, and July 15, 2011 opinion of the U.S. Court of Appeals (DCCir) in EPIC v. DHS.

Deadline to submit comments to the Department of Energy (DOE) in response to its notice of proposed rulemaking (NPRM) regarding the Version 5 Critical Infrastructure Protection Reliability Standards, CIP-002-5 through CIP-011-1, submitted by the North American Electric Reliability Corporation, which pertain to the cyber security of the bulk electric system. See, notice in the Federal Register, Vol. 78, No. 79, April 24, 2013, at Pages 24107-24124.

Deadline to submit to the Federal Communications Commission (FCC) oppositions to the January 28, 2013 petition for reconsideration of Boeing of the FCC's rules regarding the use of earth stations aboard aircraft communicating with fixed-satellite service geostationary-orbit space stations operating in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-12.2 GHz and 14.0-14.5 GHz Bands. See, notice in the Federal Register, Vol. 78, No. 110, June 7, 2013, at Page 34309.

Day one of a two day event titled "22nd Annual Computers, Freedom, & Privacy Conference". See, conference web site. Location: Newseum, 555 Pennsylvania Ave., NW.

Day two of a three day conference hosted by the Federal Energy Regulatory Commission (FERC) titled "Increasing Market and Planning Efficiency Through Improved Software". See, conference web site. See also, notice in the Federal Register, Vol. 78, No. 60, March 28, 2013, at Pages 18974-18975. Location: FERC, Rooms 3M-2, 3M-3, and 3M-4, 888 First St., NE.

Day two of a two day conference hosted by the ASAN Institute for Policy Studies titled "The Enduring Alliance: Celebrating the 60th Anniversary of ROK-US Relations". Registration required. The deadline to register is June 21. See, notice. Location: Ronald Reagan Building and International Trade Center.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Confronting Global Anti-Competitive Market Distortions". The speakers will be Edward Alden (Council on Foreign Relations), Shanker Singham (Squire Sanders), and Stephen Ezell (ITIF), See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

1:00 - 3:00 PM. The Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC) will meet via teleconference. See, notice in the Federal Register, Vol. 78, No. 111, June 10, 2013, at Pages 34665-34666.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Advanced iPad for Lawyers". The speakers will be Adriana Linares (LawTech Partners) and Malcolm Harsch (ABA). Prices vary. CLE credits. 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.

16th anniversary of the Supreme Court's opinion in Reno v. ACLU, 521 U.S. 844 (1997).

Day two of a two day event titled "22nd Annual Computers, Freedom, & Privacy Conference". See, conference web site. Location: Newseum, 555 Pennsylvania Ave., NW.

Day three of a three day conference hosted by the Federal Energy Regulatory Commission (FERC) titled "Increasing Market and Planning Efficiency Through Improved Software". See, conference web site. See also, notice in the Federal Register, Vol. 78, No. 60, March 28, 2013, at Pages 18974-18975. Location: FERC, Rooms 3M-2, 3M-3, and 3M-4, 888 First St., NE.

9:00 AM - 5:00 PM. The U.S. Patent and Trademark Office's (USPTO) National Medal of Technology and Innovation Nomination Evaluation Committee will hold a closed meeting. See, notice in the Federal Register, Vol. 78, No. 114, June 13, 2013, at Pages 35604-35605. Location: USPTO, 600 Dulany Street, Alexandria, VA.

9:00 AM - 5:00 PM. Day one of a three day meeting of the Department of Transportation's (DOT) Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) RTCA Special Committee 223, Airport Surface Wireless Communications. See, notice in the Federal Register, Vol. 78, No. 106, June 3, 2013, at Page 33145. Location: Booz Allen Hamilton, Suite 5140, 1201 Maryland Ave., SW.

9:30 AM. The Internet Innovation Alliance (IIA) and Joint Center for Political and Economic Studies (JCPES) will host an event titled "The X-Factors of Tech Policy Today: Keeping Pace in the Broadband Race". The speakers will be Robert Yadon (Digital Policy Institute), Barry Umansky (Digital Policy Institute), John Horrigan (JCPES), Rick Boucher (IIA), Maurita Coley (Minority Media and Telecommunications Council). Breakfast will be served. Register by e-mailing info at internetinnovation dot org. See, notice. Location: JCPES, 2nd Floor, 805 15th St., NW.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and teleconferenced panel discussion titled "Battling IT Theft and Unfair Competition: Enforcers Use A New Approach". The speakers will discuss recent state enforcement actions using state unfair competition statutes against manufacturers in Thailand, India and China that lowered their costs by using stolen technology, thereby unfairly competing against in state companies not using stolen technology. The speakers will be Rob McKenna (Orrick), Bill Kovacic (George Washington University Law School and former FTC Chairman), Tiffany Adams (National Association of Manufacturers), and Emilio Varanini (California Department of Justice). Free. No CLE credits. See, notice. Location: Constantine Cannon, Suite 1050 East, 1301 K St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Growing as a Young Lawyer: The Necessary Skills to Succeed". The speakers will be Erin Dozier (National Association of Broadcasters), Stacy Fuller (Directv), David Redl (Counsel, House Commerce Committee), Natalie Roisman (Wilkinson Barker Knauer), and David Furth (FCC's PSHSB). For more information, contact Justin Faulb at jfaulb at eckertseamans dot com or Lindsey Tonsager at ltonsager at cov dot com. Free. Location: Arnold & Porter, 555 12th St., NW.

1:00 PM. The US Telecom will host a webcast seminar titled "Satellite Broadband as a Business Opportunity". The speakers will be Dan Turak (ViaSat), Mark Wymer (HughesNet), and Joseph Widoff (Satellite Broadcasting & Communications Association). Free. See, notice.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host an event titled "Lend Us Your Pinnas: The Debate over RF Exposure Limits and the Effect on Future Wireless Technologies". The speakers will be __. CLE credits. Prices vary. No webcast. See, notice. Location:__.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding the assessment and collection of regulatory fees. This NPRM is FCC 13-74 in MD Docket Nos. 12-201, 13-140, and 08-6. The FCC adopted it on May 22, 2013, and released it on May 23. See, notice in the Federal Register, Vol. 78, No. 111, June 10, 2013, at Pages 34612-34634.

9:00 AM - 5:00 PM. Day two of a three day meeting of the Department of Transportation's (DOT) Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) RTCA Special Committee 223, Airport Surface Wireless Communications. See, notice in the Federal Register, Vol. 78, No. 106, June 3, 2013, at Page 33145. Location: RTCA, Inc., Suite 910, 1150 18th St., NW.

DATE AND TIME CHANGE. 11:00 - 12:30 AM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "Is Technology Responsible for American Job Loss?". The speakers will be Robert Atkinson (ITIF), Andrew McAfee (MIT business school), and Edward Luce (Financial Times). McAffee is a co-author of the book [Amazon Kindle edition] titled "Race Against The Machine: How the Digital Revolution is Accelerating Innovation, Driving Productivity, and Irreversibly Transforming Employment and the Economy". See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

10:30 AM. The Federal Communications Commission (FCC) is scheduled to hold an event titled "Open Meeting". See, notice. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

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

8:45 AM - 6:00 PM. Day one of a two day conference hosted by the American Bar Association's (ABA) Section of Antitrust Law titled "Retrospective Analysis of Agency Determinations in Merger Transactions Symposium". The speakers will include Bill Kovacic (George Washington University Law School and former FTC Chairman), Edith Ramirez (FTC Chairman), Maureen Ohlhausen (FTC Commissioner), John Davies (OECD), and others. Prices vary. CLE credits. See, notice. Location: George Washington University Law School, 2000 H St., NW.

9:00 AM - 5:00 PM. Day three of a three day meeting of the Department of Transportation's (DOT) Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) RTCA Special Committee 223, Airport Surface Wireless Communications. See, notice in the Federal Register, Vol. 78, No. 106, June 3, 2013, at Page 33145. Location: RTCA, Inc., Suite 910, 1150 18th St., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "The Big Data IP Problem: Big Issues for Big Data". The speakers will be Catherine Delcin ( Delcin Consulting Group), Chrissie Scelsi, Marie-Andrée Weiss, and William Jolley. Prices vary. CLE credits. See, notice.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) requesting comments that supplement the record regarding the 600 MHz wireless band plan. This PN is DA 13-1157 in GN Docket No. 12-268. See also, statement of Commissioner Ajit Pai explaining that this PN has "substantive and procedural infirmities that I fear will lead the incentive auction rulemaking astray".See also, notice in the Federal Register, Vol. 78, No. 101, May 24, 2013, at Pages 31472-31475.

Deadline to submit applications to the Department of Commerce's (DOC) International Trade Administration (ITA) membership on the U.S.-Brazil CEO Forum. The term of the current representatives to the U.S. Section will expire August 12, 2013. See, notice in the Federal Register, Vol. 78, No. 103, May 29, 2013, at Page 32239.

Effective date of the Federal Communications Commission's (FCC) 911 bounce back rules. The FCC adopted these rules in its Report and Order, adopted on May 8 and released on May 17, 2013. This R&O is FCC 13-64 in PS Docket Nos. 11-153 and 10-255 The FCC set the effective date in its notice in the Federal Register, Vol. 78, No. 103, May 29, 2013, at Pages 32169-32179. See also, May 29 Public Notice.