10/22. Rep. Marsha Blackburn (R-TN) and others introduced HR 3303 [LOC | WW | PDF], the "Sensible Oversight for Technology which Advances Regulatory Efficiency Act of 2013" or "SOFTWARE Act", a bill to limit regulation of certain medical software by the Food and Drug Administration (FDA).

The FDA has long held statutory authority to regulate medical devices pursuant to the Federal Food, Drug, and Cosmetic Act, which is codified at 21 U.S.C. § 301 et seq.

Recently, the FDA has been regulating medical software, including software that runs on mobile devices that are attached to biometric devices, such as blood pressure monitors and cameras, that enable consumers to collect data, and for doctors to remotely conduct parts of examinations.

Proponents of this legislation argue that FDA regulation is inhibiting medical innovation.

The bill would end FDA regulation of data collection software, but maintain regulation of software involved in changing the body.

This bill would address only the FDA regulatory regime. There are other regulatory barriers to the use of medical software that this bill does not address, such as territorial licensing of medical doctors.

Bill Summary. This bill adds to the Act three definitional categories: "medical software", "clinical software", and "health software". It also amends the regulatory regime of the Act.

The bill provides that "medical software" would remain subject to the FDA's current regulatory regime, but that "clinical software" and "health software" shall not be subject to regulation under the Act. However, the bill adds that it is the sense of the Congress that "the President and the Congress should work together to develop and enact legislation that establishes a risk-based regulatory framework for such clinical software and health software that reduces regulatory burdens, promotes patient safety, and fosters innovation."

The bill provides that software that is involved in changing the body would be regulated "medical software". The bill provides that software that collects data from the body would be unregulated "clinical software" or "health software", depending on whether it intended for use in a clinical or consumer setting. The bill adds that "medical software" also includes software intended for use by consumers that makes recommendations for clinical action.

More specifically, the bill defines "medical software as software that is either "intended to be marketed to directly change the structure or any function of the body of man" or is "intended to be marketed for use by consumers and makes recommendations for clinical action that ... includes the use of a drug, device, or procedure to cure or treat a disease or other condition without requiring the involvement of a health care provider ... and ... if followed, would change the structure or any function of the body of man".

The bill provides that "clinical software" is software used by health care providers in clinics and other health care facilities to obtain data.

More specifically, the bill provides that "clinical software" is "clinical decision support software ... including any associated hardware and process dependencies ... that ... captures, analyzes, changes, or presents patient or population clinical data or information and may recommend courses of clinical action, but does not directly change the structure or any function of the body of man ... and ... is intended to be marketed for use only by a health care provider in a health care setting".

The bill provides that "health software" includes several categories. One is software intended for use outside of the clinical setting to collect data.

Sponsors. The bill was referred to the House Commerce Committee (HCC). The original cosponsors are Rep. Gene Green (D-TX), Rep. Phil Gingrey (R-GA), Rep. Diana DeGette (D-CO), Rep. Greg Walden (R-OR), and Rep. G. K. Butterfield (D-NC). All are members of the HCC.

Rep. Blackburn (at right) stated in a release that "Our legislation takes the necessary steps to protect technological innovation that is filtering into growth sectors like health care. This bill would provide the FDA with the tools it needs to effectively protect consumers who use high risk technologies, while allowing the innovation of low risk technologies to continue without being caught up in the expensive and time consuming FDA approval process all while protecting patient safety."

Rep. Gingrey, who is also a medical doctor, stated in this release that "Health care delivery will continue to be impacted by the advent of new technology, specifically with health care software. This bill provides innovators clear regulatory guidelines that allows for breakthrough medical advancements and innovation."

10/22. The Institute for Policy Innovation (IPI) hosted a conference on Capitol Hill on October 22, 2013 that included a technology demonstration and a panel discussion regarding medical apps that run on smart phones, and connect to other devices, that facilitate the collection of health data, and the provision of health care.

First, Michael Batista provided a technology demonstration, in which volunteers used an Apple iPhone loaded with various apps, and a blood pressure cuff, and other devices, to collect data about themselves.

Batista stated that blood pressure, camera, ultrasound, stethescope, EKG, and other devices, connected to smart phones can turn patients into their own data collectors, and enable the transfer of data to clinicians, and allow clinicians to spend less time collecting data when patients make in person visits. These apps can also facilitate the process of data aggregation, and further patient education.

Second, a panel made up of Merrill Matthews, Jim Bialick, Joel White discussed legal and regulatory issues. They stated that the main problem is that the Food and Drug Administration (FDA) regulates these apps as medical devices.

This is problematic, they explained, because most of these apps are being developed by start up companies, and the FDA's approval process takes much longer that either the development process, or investment cycles. Hence, the regulatory process in inhibiting innovation in these apps.

Bialick also said that territorial licensing of doctors presents a barrier. That is, a doctor licensed in one state cannot examine a patient located in another state via Skype.

This program did not address apps associated with biometrics not related to the provision of health care.

TLJ asked Batista after the program about apps for polygraph devices. He said that there is not now a commercially available polygraph app, but work is underway.

10/22. Rep. Gregg Harper (R-MS) and others introduced HR 3306 [LOC | WW], the "Telehealth Enhancement Act of 2013", on October 22, 2013.

The bulk of this bill contains amendments to the Social Security Act to promote the use of telehealth under the government's Medicare and Medicaid programs.

Section 3 of the bill would amend 47 U.S.C. § 254, which is the statute which gives the Federal Communications Commission (FCC) authority to operate universal service tax and subsidy programs. Subsection (h) pertains to "Telecommunications services for certain providers", and authorizes the FCC to tax any "telecommunications carrier" to provide subsidies for "telecommunications services" of certain schools and libraries and rural health care clinics and certain other health care providers.

This bill would expand the list of health care providers eligible for subsidies. It would add "ambulance providers and other emergency medical transport providers", "health clinics of elementary and secondary schools and post-secondary educational institutions", and "sites where telehealth services are provided".

The bill would also amend Subsection 254(h)(2) by adding the parenthetical clause shown below in red:

"The Commission shall establish competitively neutral rules--
   (A) to enhance, to the extent technically feasible and economically reasonable, access to advanced telecommunications and information services for all public and nonprofit elementary and secondary school classrooms, health care providers (regardless of the location of such providers), and libraries; and
   (B) to define the circumstances under which a telecommunications carrier may be required to connect its network to such public institutional telecommunications users."

The original cosponsors of this bill are Rep. Mike Thompson (D-CA), Rep. Devin Nunes (R-CA), and Rep. Peter Welch (D-VT).

All of the sponsors of the bill represent districts with rural regions. Rep. Harper represents much of the state of Mississippi. Rep. Thompson represents a district in northern California. Rep. Nunes represents parts of the San Joaquin Valley. Rep. Welch represents the entire state of Vermont.

The bill was referred to the House Commerce Committee (HCC) and House Ways and Means Committee (HWMC). Rep. Harper and Rep. Welch are members of the HCC. Rep. Thompson and Rep. Nunes are members of the HWMC.

10/21. The International Association of Chiefs of Police (IACP) is holding its five day annual conference in Philadelphia, Pennsylvania. The event features numerous speeches, educational programs, and panels. This year's agenda is loaded with law enforcement related information and communications technology (ICT) subjects. See, conference web site.

The leading topics include the use of social media (to communicate with the public, to collect data, and to conduct investigations), cloud computing, and the management and use of data. Also, drones are now on the agenda.

Traditional ICT topics, such as computer crimes, cyber security, intellectual property crimes, law enforcement intercepts, 911, location surveillance mandates, CALEA, spectrum allocation, and building a broadband communications network, feature less at this year's convention.

The social media events include the following:

• "Social Media: What Every Chief Needs to Know"
• "Law Enforcement Social Media 2.0: Improving Your Agency's Brand, Online Persona and Engagement with Your Community"
• "Case Study: Boston: Leading Social Media in Crisis"
• "Taking Your Message to the Next Level: Advanced Social Media"
• "Using Social Media as an Investigative Tool"
• "Social Media as a Law Enforcement Tool"
• "How to Investigate Online Classifieds, Social Networks and E-Commerce Sites"
• "Leveraging Concepts and Techniques of Social Media Monitoring and Analytics to Enhance Special Event Security and Executive Protection Capabilities"
• "Internet Profiling and Intelligence Gathering"

The cloud computing events include the following:

• "Focusing on Safety, Not Servers: Moving Your Information Infrastructure to the Cloud"
• "Cloud Computing Assessment and Readiness: Everyone Is Talking about Cloud Computing; How Do You Know When Your Organization Is Ready for the Cloud?"

The events related to the management and use of data include the following:

• "Managing Data and Resources Effectively and Efficiently"
• "Smart Policing: Using Data-Driven Approaches to Crime and Safety (DDACTS) in Smaller Cities and Towns"
• "The World is Changing: Data is Everywhere: Proactive Policing through the Real-Time Crime Center"
• "Empowering Intelligent Law Enforcement with Predictive Policing, Sponsored By: IBM"
• "Combating Gun Violence with Real Data"
• "Crossing Borders to Information Resources: Secure and Seamless Information Sharing Advancements in 21st Century Law Enforcement and Public Safety Systems"

The communications, 911, and intercept related events include the following:

• "The Challenge of Next Generation Emergency Communications"
• "FirstNet: Will the National Public Safety Broadband Network Make Traditional Communications Systems Obsolete?"
• "Next Generation 9-1-1 for Law Enforcement: Beyond the Communication Center: What You Should Know About the Future of 9-1-1 and Emergency Communication"
• "Automated Secure Alarm Protocol (ASAP) to the Public Safety Answering Point (PSAP): Reducing 9-1-1 Processing and Response Times by Minutes for Alarm Notifications Between Alarm Monitoring Companies and 9-1-1 PSAPs"
• "Next Generation 9-1-1 Call-to-Car Technology"
• "Utilization of Wiretaps to Solve Serious Crimes Other Than Narcotic Offenses"

While the FBI has advocated expanding the Communications Assistance for Law Enforcement Act (CALEA) regime, and the Silicon Valley delegation in the House is pressing the Federal Communications Commission (FCC) to impose further location detection mandates, these topics are not on the agenda for this conference.

There is no event on surveillance, other than the above listed event on wiretaps, and another dealing with video surveillance cameras.

The cyber security events include the following:

• "Cyber Security Survey: What Police Executives Need to Know"
• "Cyber Attacks: Not Just a Big Government Problem"

There is no event related to investigating computer crimes. However, the Computer Crime and Digital Evidence Committee has a meeting.

Other ICT related events include the following:

• "Combat Intellectual Property Theft in the 21st Century: Federal Collaboration with State and Local Law Enforcement"
• "Officer 2030: The Convergence of Digital Devices: How It Will Empower and Transform the Future of Policing"
• "Robocop: Tech Trends for 21st Century Law Enforcement"
• "Futureshock Workshop: Technology-Enabled Change Delivering the Police Force of the Future"

Finally, there are two events related to the new topic of drones:

• "Integrating Unmanned Aircraft Systems (UAS) into Law Enforcement Operations"
• "Unmanned Aircraft Systems for Public Safety"

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The House will meet at 2:00 PM for legislative business. It will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, SConRes 24 and Rep. Cantor's schedule.

The Senate will not meet.

9:00 AM - 5:00 PM. The U.S.-China Economic and Security Review Commission will hold one in a series of meetings to review and edit its 2013 annual report to the Congress. Open to the public. See, notice in the Federal Register, Vol. 78, No. 151, August 6, 2013, at Pages 47829-47830. Location: Room 231, Hall of the States, 444 North Capitol St., NW.

9:30 AM - 1:00 PM. The Institute for Policy Innovation (IPI) will host an event titled "5th Annual Communications Summit". There will be a panel on spectrum policy, with speakers John Hane (Pillsbury Winthrop), Bret Swanson (Entropy Economics), and Tom Giovanetti (IPI). There will be a panel titled "Progress and Obstacles in mHealth Policy", with speakers Merrill Matthews (IPI) and others. There will be a panel on the Internet Tax Fairness Act, with speakers Annabelle Canning (Capitol Tax Partners), Jot Carpenter (CTIA), and Bartlett Cleland (Madery Bridge). There will be a panel titled "Successes and Challenges for the Connected Home", with speakers Kyle Dixon (Time Warner), David Don (Comcast), and Bartlett Cleland. Free. Open to the public. Lunch will be served. See, notice and registration page. For more information, contact Erin Humiston at erin at ipi dot org or 972-874-5139. Location: Reserve Officers Building, 5th Floor, 1 Constitution Ave., NE.

10:30 AM. The Federal Communications Commission (FCC) will host an event titled "open meeting". The tentative agenda includes adoption of a R&O and FNPRM on rural call completion, a R&O on interoperability in the lower 700 MHz band, and a R&O with rules for the 700 MHz spectrum licensed to the First Responder Network Authority. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

POSTPONED. 12:15 - 1:30 PM. The Federal Communications Commission (FCC) will host an event. The speakers will be Jose Albuquerque (Chief of the FCC's International Bureau's Satellite Division) and other FCC staff. Free. No webcast. No CLE credits. The FCBA states that this is an event of its International Telecommunications Committee. Location:__.

1:00 - 4:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration' (NTIA) Commerce Spectrum Management Advisory Committee (CSMAC) will meet. The agenda includes enforcement, transitional sharing, general occupancy, measurements and quantification of federal spectrum use, spectrum management via databases, federal access to non-federal bands, and spectrum sharing cost recovery alternatives. See, notice in the Federal Register, Vol. 78, No. 181, September 18, 2013, at Pages 57370-57371. Location: DOC, Room 4830, 1401 Constitution Ave., NW.

2:00 - 3:30 PM. The Brookings Institution (BI) will host a panel discussion titled "The Modernization of Health Care through Mobile Technology and Medical Monitoring Devices". The speakers will be Darrell West (BI), Erik Augustson (National Cancer Institute), Iltifat Husain (iMedicalApps.com), and Asif Khan (Caremerge). Free. Open to the public. Webcast. See, notice. Location: BI, 1775 Massachusetts Ave., NW.

4:00 - 5:30 PM. The DC Bar Association will host a panel discussion titled "Complying with Antitrust Enforcement Orders, Decrees and Agreements". The speakers will be Carrie Anderson (Weil Gotshal & Manges), Daniel Ducore (FTC's BOC's Assistant Director of Compliance), Robert Kramer (General Counsel of the DOJ's Antitrust Division), and Robert Hauberg (Baker Donelson). The price to attend ranges from free to $25. No CLE credits. No webcast. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. See, notice. Location: Baker Donelson, Suite 900, 920 Massachusetts Ave., NW. (Enter at 901 K St., NW.)

11:59 PM. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing its National Trade Estimate Report on Foreign Trade Barriers (NTE). See, notice in the Federal Register, Vol. 78, No. 160, August 19, 2013, at Pages 50481-50482.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It will consider a water resources bill. Rep. Cantor's schedule.

The Senate will not meet.

8:30 - 10:00 AM. The New America Foundation (NAF) and Time Warner Cable (TWC) will host a panel discussion of the paper [28 pages in PDF] titled "Solving the Spectrum Crunch: Unlicensed Spectrum on a High Fiber Diet". The speakers will be the author Michael Calabrese (NAF), and Rob Alderfer (Cable Labs), Mike Roudi (TWC), and Fernando Laguarda (TWC). Free. Open to the public. Breakfast will be served. See, notice. Location: National Cable & Telecommunications Association, 25 Massachusetts Ave., NW.

TIME CHANGE. 9:00 8:30 - 10:00 AM. The Center for Strategic and International Studies (CSIS) will host an on site and webcast panel discussion titled "Cybersecurity". The speakers will be Rep. Mike Rogers (R-MI), Michael Chertoff (Chertoff Group), James Lewis (CSIS), and Jim Pawlenty (Financial Services Roundatable). Free. Open to the public. Registration to attend on site has closed. The deadline to register is October 22. Register by emailing techpolicy at csis dot org. Webcast. See, notice. Location: CSIS, 212-C Concourse Level, 1616 Rhode Island Ave., NW.

10:00 - 11:30 AM. The Brookings Institution (BI) will host a panel discussion titled "Strengthening Legal and Technological Frameworks to Grow Civic Participation and Public Engagement". The speakers will be Darrell West (BI), Matt Leighninger (Deliberative Democracy Consortium), Lisa Bingham (Indiana University), Mike Huggins (Public Collaboration Associates), and Kevin Curry (Code for America). Free. Open to the public. Webcast. See, notice. Location: BI, 1775 Massachusetts Ave., NW.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology (SCT) will hold a hearing titled "The Evolution of Wired Communications Networks". The witnesses will be John Burke (Vermont Public Service Board), Jim Cicconi (AT&T), Harold Feld
(Public Knowledge), Mark Iannuzzi (TelNet Worldwide), and Randolph May (Free State Foundation). See, notice. Location: Room 2123, Rayburn Building.

11:00 AM. Rep. Bob Goodlatte (R-VA) and others will hold a news conference to announce the introduction of a patent bill directed at abusive litigation practices of patent trolls. Location: Room 2141, Rayburn Building.

12:00 NOON - 1:00 PM. The American Bar Association (ABA) will host an on site and teleconferenced panel discussion titled "Advertising, Consumer Protection, & Privacy Law: An Emerging Practice with Exciting Career Opportunities". The speakers will be David Conway (Venable), Andi Arias (FTC's Division of Privacy & Identity Protection), Donnelly McDowell (Kelley Drye), Ella Krainsky (FTC's Division of Advertising Practices), and Mona Thakkar (Volkswagen Group). Free. No CLE credits. See, notice. Location: George Washington University Law School, Lisner Hall, Room 201, 2023 G St., NW.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on pending nominees: John Owens (to be a Judge of the U.S. Court of Appeals (9thCir)), Matthew Leitman (USDC/EDMich), Judith Levy (USDC/EDMich), Laurie Michelson (USDC/EDMich), Linda Parker (USDC/EDMich), and Peter Kadzik (Assistant Attorney General in charge of the Office of Legislative Affairs). Webcast. See, notice. Location: Room 226, Dirksen Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice [14 pages in PDF] (DA 13-1969 in EB Docket No. 04-296) regarding equipment and operational issues identified following the first test of the Emergency Alert System (EAS) on November 9, 2011.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It will consider a water resources bill. Rep. Cantor's schedule.

The Senate will not meet.

8:00 AM - 6:00 PM. Day one of a two day event hosted by the Department of Homeland Security's (DHS) Customs and Border Protection (CBP) titled "CBP 2013 East Coast Trade Symposium". The CBP, among other missions, seizes products imported into the U.S. in violation of intellectual property rights, or that are circumvention devices. In addition, the DHS's Immigration and Customs Enforcement (ICE) is involved in the seizure of domain names of commercial web sites that traffick in infringing, counterfeit and illegal products. The agenda includes discussion of CBP's role in international trade initiatives and partnerships. See, notice in the Federal Register, Vol. 78, No. 181, September 18, 2013, at Page 57408. Location: Washington Hilton Hotel, Room Columbia 5-12, 1919 Connecticut Ave., NW.

8:45 - 11:30 AM. The American Enterprise Institute (AEI) will host an event titled "Innovators versus litigators: Chairman Bob Goodlatte on the need for patent reform". Rep. Bob Goodlatte (R-VA), Chairman of the House Judiciary Committee (HCC), will speak at 9:00 AM. The other speakers will include Jeffrey Eisenach, Michael Beckerman (Internet Association), Jim Bessen (Boston University School of Law), Kevin Rhodes (3M), and Claude Barfield (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

9:00 AM. The House Commerce Committee (HCC) will hold a hearing titled "PPACA Implementation Failures: Didn't Know or Didn't Disclose?". See also, story titled "Republicans Query DHHS Regarding IT Failures in ObamaCare's FFM" in TLJ Daily E-Mail Alert No. 2.613, October 17, 2013. The witnesses will be __. Webcast. See, notice. Location: Room 2123, Rayburn Building.

9:00 AM. The House Homeland Security Committee (HHSC) will meet to mark up several bills, including HR 3107 [LOC | WW], the "Homeland Security Cybersecurity Boots on the Ground Act", and HR 2952 [LOC | WW], the "Critical Infrastructure Research and Development Advancement Act of 2013". Webcast. See, notice. Location: Room 311, Rayburn Building.

9:30 AM - 5:15 PM. The DC Bar Association will host an event titled "IP Basic Training: Patents, Trademarks, and Copyrights". The first part at 9:30 - 11:45 AM is titled "Patent Basics". The second part at 12:30 - 2:45 PM is titled "Trademark Basics". The third part at 3:00 - 5:15 PM is titled "Copyright Basics". One can register for all or parts of this event. The speakers will be Patrick Coyne (Finnegan Henderson), Joanne Ludovici (McDermott Will & Emery), and Laura Possessky (Gura & Possessky). Prices vary. CLE credits. No webcast. 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.

10:00 AM. The House Intelligence Committee (HIC) will hold a hearing titled "NSA Programs". The witnesses will be __. See, notice. Location: Room 2167, Rayburn Building.

CANCELLED. 11:00 AM. The House Judiciary Committee's (HJC) Over-Criminalization Task Force will hold a hearing titled "Regulatory Crime: Identifying the Scope of the Problem". See, notice. Location: Room 2141, Rayburn Building.

11:45 AM - 2:15 PM. The Free State Foundation (FSF) will host an event titled "A New FCC or the Same Old, Same Old?". The speakers will include James Assey (NCTA), William Kovacic (George Washington University law school), Robert Quinn (AT&T), James Speta (Northwestern University law school) and Randolph May (FSF). Lunch will be served. Free. See, notice. Location: National Press Club, 529 14th St., NW.

12:30 - 4:30 PM. The Center for Strategic and International Studies (CSIS) will host an event titled "Abenomics: Still on Target?". The speakers will include Kenichiro Sasae (Ambassador of Japan to the United States). The other speakers will include Matthew Goodman (CSIS), Jun Saito (Special Advisor, Cabinet Office of Japan), Akinari Horii (Canon Institute for Global Studies), Arthur Alexander (Georgetown University), Robert Dohner (Deputy Assistant Secretary for Asia, Department of the Treasury), Kanji Yamanouchi (Minister for Economic Affairs, Embassy of Japan), Michael Green (CSIS), Kazuhito Yamashita (Canon Institute for Global Studies), Richard Katz (The Oriental Economist Report), Laurence Bates (American Chamber of Commerce in Japan), and Matthew Goodman (CSIS).See, notice. Location: CSIS, 9th Floor Board Room, 1616 Rhode Island Ave., NW.

1:00 - 2:00 PM ET. (12:00 NOON - 1:00 PM CT.) The American Bar Association (ABA) will host an on site and teleconferenced panel discussion titled "Advertising, Consumer Protection, & Privacy Law: An Emerging Practice with Exciting Career Opportunities". The speakers will be Jenna Johnston (Tyson Foods), and Leon Bechet, Rebecca Davis, Bob Newell, and Dan Rice (all of Wal-Mart Stores). Free. No CLE credits. See, notice. Location: Ball Courtroom, Waterman Hall, University of Arkansas School of Law, Fayetteville, Arkansas.

2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing and Trade will hold a hearing titled "The FTC at 100: Where Do We Go From Here". The witnesses will be __. Webcast. See, notice. Location: Room 2123, Rayburn Building.

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

The Senate will not meet.

8:30 AM - 1:00 PM. Day two of a two day event hosted by the Department of Homeland Security's (DHS) Customs and Border Protection (CBP) titled "CBP 2013 East Coast Trade Symposium". See, notice in the Federal Register, Vol. 78, No. 181, September 18, 2013, at Page 57408. Location: Washington Hilton Hotel, Room Columbia 5-12, 1919 Connecticut Ave., NW.

8:30 - 10:30 AM. The Technology Policy Institute (TPI) will host an event titled "Patent Reform 2.0: Will Proposed Reforms Address the Patent Troll Problems?". The speakers will include Peter Detkin (Intellectual Ventures), John Duffy (University of Virginia School of Law), Matt Levy (Computer and Communications Industry Association), Tom Lenard (TPI), and __. Breakfast will be served. See, notice and registration page. Location: City Club, 555 13th St., NW.

12:00 NOON - 1:00 PM. The Net Caucus will host a panel discussion titled "The NSA Internet Surveillance System: Who Has Oversight and How Transparent is the Program?". The speakers will be __. Free. Open to the public. Box lunches will be served. See, notice. Location: Room 2226, Rayburn Building.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Am I Competent? The Ethical Use of Evolving Technologies". The speakers will address acting competently when using new technologies, such as social media, smartphones and cloud computing services. The speakers will be Daniel Crothers (Justice of the Supreme Court of North Dakota), Andrew Perlman (Suffolk Law School), and Ellyn Rosen (ABA). Prices vary. CLE credits. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "IP for Non-IP Attorneys: Highlights from the IP Deskbook for Business Lawyers". The speakers will be Jonathan Rubens (Javid Rubens) and Sharon Sandeen (Hamline University School of Law). Prices vary. CLE credits. See, notice.

11:59 PM. Deadline to submit comments to the Privacy and Civil Liberties Oversight Board (PCLOB) in connection with its October 4, 2013 hearing regarding surveillance programs conducted pursuant Section 215 of the USA PATRIOT Act and Section 702 of Foreign Intelligence Surveillance Act (FISA). For more information, contact Susan Reingold at 202-331-1986 or info at pclob dot gov. See, notice in the Federal Register, Vol. 78, No. 179, September 16, 2013, at Pages 56951-56952. See also, story titled "PCLOB Schedules Hearing and Comments Deadline Regarding Sections 215 and 702 Surveillance" in TLJ Daily E-Mail Alert No. 2,601, September 16, 2013.

EXTENDED FROM OCTOBER 11. Extended deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing a report on the internet and physical notorious markets that exist outside the US and that may be included in the OUSTR's 2013 Notorious Markets List. See, notice in the Federal Register, Vol. 78, No. 183, September 20, 2013, at Pages 57924-57925, and story titled "USTR Seeks Comments on Notorious Foreign Markets" in TLJ Daily E-Mail Alert No. 2,606, September 27, 2013. See also, September 23 release which extends the deadline to October 25, and extension notice in the FR, Vol. 78, No. 190, October 1, 2013, at Page 60367. The docket number is USTR-2013-0030.

The Senate will meet at 2:00 PM. See, SConRes  24.

12:00 NOON - 1:30 PM. The Tech Freedom (TF), Reason Foundation and Koch Institute will host an on site and webcast panel discussion titled "DC v. SF: A Clash of Vision for Tech Policy". The speakers will be Declan McCullagh (CNET), Berin Szoka (TF), Larry Downes (TF), and Mike McGeary (Engine Advocacy). Free. Open to the public. Lunch will be served. See, notice. Location: Hyatt Regency, 5 Embarcadero Center, San Francisco, CA.

Deadline to submit to the Federal Communications Commission (FCC) responses to challenges in connection with the FCC's notice that lists all census blocks that price cap carriers have requested funding to serve as part of the second round of Connect America Phase I, and that announces the start of the Phase I challenge process to determine whether or not the requested census blocks are unserved. See, FCC's August 29, 2013 Public Notice (DA 13-1832 in WC Docket No. 10-90).

9:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) Sensors and Instrumentation Technical Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, Vol. 78, No. 190, October 1, 2013, at Pages 60251-60252. Location: DOC, Hoover Building, Room 6087B, 14th Street between Constitution and Pennsylvania Avenues, NW.

TIME? The House Judiciary Committee (HJC) will hold a hearing on legislation to address abusive litigation practices by patent trolls. The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The Evolution of Digital Content". Daniel Castro (ITIF), David Israelite (National Music Publishers' Association), Lee Knife (Digital Media Association), Zahavah Levine (Google), and John McCoskey (MPAA). Free. Open to the public. See, notice. Location: ITIF/ITIC, Suite 610, 1101 K St.,  NW.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host a lunch. The speaker will be Jessica Rosenworcel, Commissioner of the Federal Communications Commission (FCC). The deadline for registrations and cancellations is 12:00 NOON on October 23. Prices vary. No webcast. See, notice. Location: Capitol Hilton, 1001 16th St., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Hot Topics in Cybersecurity Law". The speakers will be Michael Aisenberg (MITRE Corporation), David Bodenheimer (Crowell & Moring), Martha Chemas, Lucy Thomson (Livingston), and Hoyt Kesterson (Terra Verde Services). Prices vary. CLE credits. See, notice.

POSTPONED TO DECEMBER 12. 8:30 AM - 5:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will host a meeting to discuss its Internet Policy Task Force's paper [122 pages in PDF] titled "Copyright Policy, Creativity, and Innovation in the Digital Economy", released on July 31, 2013. See, notice in the Federal Register, Vol. 78, No. 192, October 3, 2013, at Pages 61337-61341, and notice of rescheduling. Location: Amphitheatre, Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

8:30 AM - 4:00 PM. The Department of Justice's (DOJ) Global Justice Information Sharing Initiative Federal Advisory Committee will meet. See, notice in the Federal Register, Vol. 78, No. 180, September 17, 2013, at Page 57178. Location: Hilton Crystal City at Washington Reagan National Airport, 2399 Jefferson Davis Highway, Arlington, VA.

12:00 NOON - 1:00 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "The Amended COPPA Rule: Adapting to the Final Implementation". The speakers will be Erika Lee (Norton Rose Fulbright), Elizabeth Blumenfeld (Crowell & Moring), Kristin Cohen (FTC), and Phyllis Spaeth (Council of Better Business Bureaus). The price ranges from free to $25. No CLE credits. See, notice.

1:00 PM. The US Telecom will host a webcast presentation titled "How Peering Improves Security". The speaker will be William Norton (International Internet Exchange). Free. Open to the public. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Protect Your Practice Website: Is Your Firm at Risk After Google's Penguin 2.0 Algorithm Change?". The speakers will be Mischelle Davis (Davis Law Group), Tom Foster (Foster Web Marketing), David Frees (Unruh Turner Burke & Frees), and Christina Eaglin (MMPP). Prices vary. See, notice.

6:00 - 8:00 PM. The DC Bar Association and the American Bar Association (ABA) will host a panel discussion titled "Practitioners' Guide to FISA". The speakers may include Steven Cash (Deck Prism), Kenneth Wainstein (Cadwalader Wickersham & Taft), and/or others. Free. No CLE credits. No webcast. For more information and to register to attend, contact Mike Abler at abler dot michael at gmail dot com, mabler at deckprisim dot net, or 703-915-4514. The DC Bar bars reporters from most of its events. The ABA allows reporters at most of its events. See, DC bar notice and ABA notice. Location: Cadwalader Wickersham & Taft, 700 6th St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Homeland Security and Emergency Communications Committee will host an event titled "The State of Cyber Security Standards in the US". The speakers will be Chris Moore (FCC's Office of Legislative Affairs), Jeffery Goldthorp (FCC's Public Safety & Homeland Security Bureau), Joel Margolis (Subsentio), former Rep. Clifford Stearns (APCO Worldwide), Diane Rinaldo (office of Rep. Mike Rogers (R-MI)), Clete Johnson (Senate Intelligence Committee), and ___. No webcast. CLE credits. See, notice. Location: Wiley Rein, 1776 K St., NW.

TIME? There will be an event titled "Practitioner's Guide to FISA". There will also be an opening reception for the American Bar Association (ABA) conference on October 31 through November 1 titled "23rd Annual Review of the Field of National Security Law". Location: Cadwalader Wickersham & Taft, 700 6th St., NW.

Effective date for the Federal Communications Commission's (FCC) rules changes regarding intentional radiators operating on an unlicensed basis in the 57-64 GHz frequency range, aka 60 GHz. The FCC adopted and released its Report and Order [32 pages in PDF] on August 9, 2013. It is FCC 13-112 in ET Docket No. 07-113 and RM-11104. See, notice in the Federal Register, Vol. 78, No. 189, September 30, 2013, at Pages 59844-59850.