4/28. The House passed S 994 [LOC | WW], the "The Digital Accountability and Transparency Act", or DATA Act, by a voice vote. The Senate passed this bill on April 10, 2014. It is ready for President Obama's signature.

Sen. Mark Warner (D-VA) introduced this bill on May 21, 2013. However, the House and Senate have been considering other versions for several years.

Rep. Darrell Issa (R-CA) stated in the House that "The DATA Act is but a first shot of a technological revolution that will transform the way we govern. ... The DATA Act is more than just better tools to fight waste and fraud. It requires agencies to report their financial information in standard formats program by program. The DATA Act also gives policymakers in Congress and in the executive branch better information to make better decisions. More importantly, we give the American people better information to evaluate our performance."

The bill recites that its purposes include expanding the Federal Funding Accountability and Transparency Act of 2006, which is codified at 31 U.S.C. § 6101 note, "by disclosing direct Federal agency expenditures and linking Federal contract, loan, and grant spending information to programs of Federal agencies to enable taxpayers and policy makers to track Federal spending more effectively" and establishing "Government-wide data standards for financial data and provide consistent, reliable, and searchable Government-wide spending data that is displayed accurately for taxpayers and policy makers on USASpending.gov (or a successor system that displays the data)". (Parentheses in original.)

4/28. The House Judiciary Committee (HJC) announced that it will meet to mark up several bills on Wednesday, April 30, 2014. The agenda includes HR 4225 [LOC | WW], the "Stop Advertising Victims of Exploitation Act of 2014" or "SAVE Act". The HJC is scheduled to consider an amendment in the nature of a substitute. This legislation does not reference, but would likely impact, interactive web sites.

This bill relates to sex trafficking, which the federal government has long been involved in combatting, both domestically and abroad.

See, for example, the "Victims of Trafficking and Violence Protection Act of 2000", "Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003", "Adam Walsh Child Protection and Safety Act of 2006", and "William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008".

One component of the federal regime is a criminal prohibition of sex trafficking. 18 U.S.C. § 1591 enables prosecution of a wide range of persons for "participation in a venture" of sex trafficking.

This bill targets, not the sex traffickers, but advertising and platforms for advertising. This could include operators of interactive web sites, including social networking sites, where users post sex related content. One issue is whether new legislation will enable federal prosecutors to prosecute web site operators when their sites have been used by others to offer sex acts.

Web site operators could be  compelled to monitor, edit and censor statements of third parties. 47 U.S.C. § 230, the interactive computer service immunity provision, was enacted to protect web sites from such obligations and threats of liability, and the costs and burdens that this would impose.

Section 230 provides in part that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

The underlying criminal prohibition, Section 1591, is complex and awkwardly worded. Most international sex traffickers probably cannot understand it. Although, no one in the Congress or law enforcement is shedding any due process tears over that. Prosecutors and judges can decipher its meaning.

The new prohibition contained in HR 4225 as introduced bears attributes of either a hasty or inexpert drafting. Its meaning is not clear. Courts would not know how to construe it. The amended version of the bill, in contrast, would merely add the word "advertises" to Section 1591. It is less confusing.

Moreover, unlike the Victims of Trafficking and Violence Protection Act of 2000, which contains an extensive set of findings, this bill contains none. This bill does not contain a finding, for example, that social networking sites are being used to advertise sex services, and the site operators must therefore be compelled to monitor their sites, and delete content. Indeed, neither the bill as introduced, nor the amendment, even mention web sites.

The bill, as introduced, would add a new section to the Criminal Code that imposes criminal liability on interactive web sites for third party postings that offer a "commercial sex act". In contrast, the amendment would merely amend the existing 18 U.S.C. § 1591, which currently criminalizes sex trafficking. Under the statute, for something to rise to the level of sex trafficking, the persons trafficked must either be under 18 years old, or be the subject of force, fraud or coercion.

Rep. Ann Wagner (R-MO) (at right) introduced this bill on March 13, 2014. There are now 56 co-sponsors -- almost all of whom are Republicans.

Rep. Wagner (at right) is in her first term. She has a background in business and politics, and served as Ambassador to Luxemburg during the Bush administration. However, she lacks experience in either law and law enforcement. She is a member of the House Financial Services Committee (HFSC), but not the HJC.

This bill was referred to the HJC's Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. However, neither the HJC nor this Subcommittee have held a hearing on this bill.

Rep. Karen Bass (D-CA), who is a member of the HJC, and Rep. Joyce Beatty (D-OH) are cosponsors.

Several senior Republicans on the HJC are cosponsors, including Rep. James Sensenbrenner (R-WI) and Rep. Ted Poe (R-TX).

Summary and Analysis of Section 1591 and HR 4225. Section 1591, as amended by the amendment in the nature of a substitute, would provides as follows. The amendment would merely add the word "advertises", which is shown in red.

(a) Whoever knowingly---

(1) in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, obtains, advertises, or maintains by any means a person; or

(2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1),

knowing, or in reckless disregard of the fact, that means of force, threats of force, fraud, coercion described in subsection (e)(2), or any combination of such means will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, shall be punished as provided in subsection (b).

The bill as introduced would instead add a new Section 1591A that provides as follows:

"Whoever, in or affecting interstate or foreign commerce, knowingly benefits financially from, receives anything of value from, or distributes advertising that offers a commercial sex act in a manner prohibited under section 1591, shall be fined under this title, imprisoned not more than 5 years, or both."

Neither the bill as introduced, nor the amendment, provide a definition of "commercial sex act". The bill as introduced provides that "the terms have the meanings given those terms in section 1591". Section 1591 provides that "commercial sex act" means "any sex act, on account of which anything of value is given to or received by any person". (The same definition also appears in 22 U.S.C. § 7102, regarding protection of trafficking victims.)

Thus, what constitutes a "sex act" remains undefined. However, whatever this term might be construed to mean, there is no requirement that the act be illegal under federal or state law.

The clause "in a manner prohibited under section 1591" in the bill as introduced would create much uncertainty. This clause cannot modify "commercial sex", because Section 1591 does not prohibit any sex acts. It cannot modify "offers", because Section 1591 does not prohibit offering sex acts. It cannot modify "advertising", because Section 1591 does not prohibit any advertising. It cannot modify "knowingly ...", because if that were already prohibited by Section 1591, then this new Section 1591A would be redundant.

The bill as introduced also raises due process issues. A criminal prohibition generally must identify both an act (committed by the defendant) and a mental state (possessed by the defendant leading up to the commission of that act). The bill as introduced criminalizes benefiting financially. But, in the context of operating an interactive web site in which users post content, the act is committed by the user. Benefiting financially (for example, from legitimate ads paid for by sellers of things other than sex acts) is a consequence of the user's act, not an act of the web site operator. Also, the bill's mental state ("knowingly benefits") occurs after the commission of the act. Thus, the bill as introduced might be interpreted to impose strict liability upon web site operators for the acts of third parties. This would be inconsistent with fundamental principles of criminal liability. (On the other hand, it would also be a class action tort litigator's dream.)

The bill as introduced might be construed by prosecutors and courts to mean that an interactive web site operator can be held criminally liable because it sells legitimate ads, and because its users post offers of sex acts. It need not have any knowledge that there is a sex trafficking venture behind the postings, or that anyone involved is a minor, or has been coerced.

The amendment would have a more modest impact on web sites. Section 1591(a)(1) would cover anyone who "advertises ... a person", while Section 1591(a)(2) would extend this to cover anyone who "benefits, financially" from advertising a person. Interactive web sites might fall within the meaning of those who benefit financially.

However, (a)(2) goes on to reference "from participation in a venture". (The bill as introduced contains no such limitation.) The web site operator might argue that providing an interactive venue falls short of "participation in a venture" of its users. A zealous prosecutor might argue otherwise.

Also, under the amended version of the bill, for the web site to be criminally liable, it must operate its web site "knowing, or in reckless disregard of the fact" that either the person is a minor, or was subjected to "force, threats of force, fraud, coercion". (This is far more that is required by the bill as introduced to impose criminal liability on the web site operator.)

It should also be noted that this legislation would enable prosecutorial forum shopping. For example, if a person in Silicon Valley offered a commercial sex act in an interactive web site, then any resulting sex act would likely occur in or near Silicon Valley. However, the web site is published to the world, and jurisdiction would lie in any U.S. District Court. Hence, the operator of that web site could be prosecuted in federal court in the state of Florida, or any other jurisdiction, in which the values of the prosecutors, judges and jurors are most opposed to such activity. Thus, internet companies around the country might be judged by the standards prevailing in the most morally austere community in the country.

Conclusion. This bill is pregnant with implications for web site operators. Yet, the bill makes no reference to this, and the HJC has held no hearing to explore the meaning and implications of this bill.

If the Congress were following an open and transparent process, and providing fair notice to web site operators regarding how they might be impacted by this legislation, it would draft legislation that contains finding regarding what is the advertising problem to be addressed, and what should be the legal obligations of web site operators. The legislation would also set forth how it applies web site operators. The Congress would also hold public hearings that would enable affected interests to testify and submit comments, and inform others that they may wish to contact their Representatives and Senators.

Rather, the Congress is considering a bill under a title, the "Stop Advertising Victims of Exploitation Act", and with language, that fails to disclose that the main consequence of passage would be to enable prosecutors to regulate the web site management practices of interactive web site operators.

No one in the Congress is opposed to prosecuting sex traffickers. But, that is not what this bill is about.

4/24. Federal Communications Commission (FCC) Chairman Tom Wheeler announced, but did not release, a draft notice of proposed rulemaking (NPRM) to reinstate regulation of the business practices of broadband internet access service (BIAS) providers. Wheeler released a short statement in which he described the draft NPRM.

The Congress has not enacted a bill to regulate BIAS providers, or directing the FCC to regulate BIAS providers. The FCC's last two attempts to regulate BIAS provides, by adjudication and by rulemaking, have failed in judicial review. This will be the FCC's third attempt. It might be recalled that the FCC also went through three long and tortuous rounds on the Section 251 unbundling obligations of incumbent local exchange carriers.

The NYT and WSJ obtained, and reported information about, the draft NPRM last week. Other news media also wrote stories. FCC staff spoke via teleconference with reporters on April 24, criticizing various characterizations of the draft NPRM by news media.

Wheeler (at right) wrote in his April 24 statement that "There has been a great deal of misinformation" in news media coverage.

The Administrative Procedure Act (APA), which applies to this rulemaking proceeding, provides for a notice and comment process. Chairman Wheeler is engaged in a leak and spin process.

Although, he did not disclose whether information about the draft was leaked at his direction, whether the leak was intended to function as a sort of informal notice of inquiry, whether FCC personnel dissatisfied with the contents of the draft leaked information, or whether other motivations were involved.

He wrote in his statement that the draft NPRM "proposes the reinstatement of the Open Internet concepts adopted by the Commission in 2010 and subsequently remanded by the D.C. Circuit. The Notice does not change the underlying goals of transparency, no blocking of lawful content, and no unreasonable discrimination among users established by the 2010 Rule. The Notice does follow the roadmap established by the Court as to how to enforce rules of the road that protect an Open Internet and asks for further comments on the approach."

He continued that the U.S. Court of Appeals (DCCir), in its January 14, 2014 opinion, "made it clear that the FCC could stop harmful conduct if it were found to not be ``commercially reasonable.´´ Acting within the constraints of the Court's decision, the Notice will propose rules that establish a high bar for what is ``commercially reasonable.´´ In addition, the Notice will seek ideas on other approaches to achieve this important goal consistent with the Court’s decision. The Notice will also observe that the Commission believes it has the authority under Supreme Court precedent to identify behavior that is flatly illegal."

He added that "It should be noted that even Title II regulation (which many have sought and which remains a clear alternative) only bans ``unjust and unreasonable discrimination.´´" (Parentheses in original.)

Finally, he wrote that this NPRM will propose "That all ISPs must transparently disclose to their subscribers and users all relevant information as to the policies that govern their network", "That no legal content may be blocked", and "That ISPs may not act in a commercially unreasonable manner to harm the Internet, including favoring the traffic from an affiliated entity."

His statement does not address wireless broadband.

4/25. Members of Congress, trade groups representatives, and others offered comments on recent disclosures regarding the Federal Communications Commission (FCC) Chairman Tom Wheeler's forthcoming Notice of Proposed Rulemaking regarding regulation of the business practices of broadband internet access service (BIAS) providers.

Rep. Fred Upton (R-MI), the Chairman of the House Commerce Committee (HCC), and Rep. Greg Walden (R-OR), the Chairman of the HCC's Subcommittee on Communications and Technology (SCT), stated in a joint release that "We have said repeatedly that the Obama administration's net neutrality rules are a solution in search of a problem. The marketplace has thrived and will continue to serve customers and invest billions annually to meet Americans' broadband needs without these rules. Chairman Wheeler's approach to regulation seeks to freeze current market practices, which will cast a chill on technological breakthroughs and cause American consumers to lose out."

The two Republicans added that "Further underscoring the needlessness of the rules, Internet service providers have made clear they will continue to adhere to the spirit of the rules that were already struck down by the courts. It is well past time for the commission to focus on areas where its work will foster new innovation, competition, and job creation.”

Rep. Henry Waxman (D-CA), the outgoing ranking Democrat on the HCC, stated in a release that "An open internet is vital to our economy. I spoke with Chairman Wheeler today and he assured me that he is committed to ensuring an open internet and banning any arrangements that hinder innovation and competition or impinge on consumer choice. These are the right goals, and I want to work with him to make sure they are achieved in the final rule."

Rep. Anna Eshoo (D-CA), that ranking Democrat on the HCC's SCT stated in a release that "I fear that the latest round of proposed net neutrality rules from the FCC will not do enough to curtail discrimination of Internet traffic, but rather leave the door open to discrimination under more ambiguous terms. For me to support 'commercially reasonable' agreements between financially liquid online content companies and broadband providers for faster Internet speeds, there must be zero uncertainty left in the minds of consumers, small businesses and innovators that they are competing on a level playing field with their peers. Fundamentally, consumers and businesses must be protected from actions by online gatekeepers that threaten free speech, harm competition or diminish the continued openness of the Internet. I will stringently evaluate the Chairman's proposal to ensure that these core values are elevated by any final net neutrality rules."

Rep. Doris Matsui (D-CA) stated in a release that "The FCC should adopt and enforce strong and clear net neutrality rules. It should not turn back from its responsibility to preserve an open and free Internet that spurs innovation and protects consumers. I am hopeful that through working with various stakeholders in the Internet ecosystem, the Chairman will propose a set of rules that will accomplish this goal."

The National Cable & Telecommunications Association (NCTA) stated in a release that "The cable industry supports an Open Internet and will continue to provide consumers unfettered access to legal content of their choosing. We look forward to participating in the discussion about the best path forward to ensuring that American consumers enjoy a vibrant and open Internet experience while the marketplace encourages continued investment and innovation in our networks."

The American Enterprise Institute (AEI) hosted a news conference at which AEI personnel offers comments. Jeffrey Eisenach (AEI), an economist, stated that the government antitrust agencies should apply antitrust principles to this issue, and the FCC should do nothing.

James Glassman (AEI) said "this is a step in the right direction", but the incentive auction is more important now for the FCC to address. Roslyn Layton (AEI) said that the FCC's 2010 process was not open or public, while in contrast, the FCC deserves credit now for listening to public in the current round. Bret Swanson (AEI) stated that "this is a positive development".

Randy May (Free State Foundation) stated in a release that "there is no need for the FCC to do anything at this point other than engage in watching waiting concerning Internet marketplace developments".

He added that if the FCC "adopts a standard of 'commercially reasonable terms' that is somewhat flexible, rather than 'discrimination,' in assessing the lawfulness of differentiated broadband Internet offerings, this would be far preferable than reliance on the traditional common carrier non-discrimination standard. And if the proposal indicates that the Commission will act on a case-by-case basis in response to individual complaints containing specific allegations of consumer harm, this too would be a positive step. Finally, if the Commission steers clear of applying net neutrality rules to wireless providers, then this also would be positive."

Gary Shapiro, head of the Consumer Electronics Association (CEA), stated in a release that the FCC "needs to ensure that competitive forces preserve the Open Internet. If the Commission does act, then it must give effect to the limits on its authority and take a cautious and factual approach." He added that "we look forward to working with the FCC and the multitude of stakeholders to ensure that the Internet remains free and open."

Craig Aaron, head of the Free Press stated in a release that "With this proposal, the FCC is aiding and abetting the largest ISPs in their efforts to destroy the open Internet. Giving ISPs the green light to implement pay-for-priority schemes will be a disaster for startups, nonprofits and everyday Internet users who cannot afford these unnecessary tolls. These users will all be pushed onto the Internet dirt road, while deep pocketed Internet companies enjoy the benefits of the newly created fast lanes."

Aaron added, with his usual flair for hyperbole, that "This is not Net Neutrality. It's an insult to those who care about preserving the open Internet to pretend otherwise. The FCC had an opportunity to reverse its failures and pursue real Net Neutrality by reclassifying broadband under the law. Instead, in a moment of political cowardice and extreme shortsightedness, it has chosen this convoluted path that won't protect Internet users."

4/24. The Federal Communications Commission (FCC) extended the deadlines to submit comments in response to its Public Notice (PN) that requests comments to refresh the record regarding the ability of non-English speakers to access emergency information. This PN is DA 14-336 in EB Docket No. 04-296. The FCC released it on March 11, 2014. See also, notice in the Federal Register, Vol. 79, No. 60, March 28, 2014, at Pages 17490-17493. The deadline to submit initial comments is extended from April 28 to May 28. The deadline to submit reply comments is extended from May 12 to June 12. See, April 24 Public Notice (DA 14-552) extending deadlines.

4/22. Federal Communications Commission (FCC) Commissioner Mignon Clyburn gave a speech regarding women studying and working in science, technology, engineering and math (STEM) fields.

4/2. The Federal Communications Commission (FCC) published a notice in the Federal Register (FR) that sets the comment deadlines for its Further Notice of Proposed Rulemaking (FNPRM) regarding extension of the freeze of jurisdictional separations category relationships and cost allocation factors for three years, through June 30, 2017. The deadline to submit initial comments is April 16, 2014. The deadline to submit reply comments is April 23. The FCC adopted this FNPRM on March 26, 2014, and released it on March 27. It is FCC 14-27 in CC Docket No. 80-286. See, FR, Vol. 79, No. 63, April 2, 2014, at Pages 18498-18503.

4/1. The Federal Communications Commission (FCC) published a notice in the Federal Register (FR) that sets comment deadlines for its Notice of Proposed Rulemaking (NPRM) regarding regulation of maritime radio equipment and radar, and allowing on shore use of portable marine Very High Frequency (VHF) transmitters. The deadline to submit initial comments is June 2, 2014. The deadline to submit reply comments is June 30, 2014. The FCC adopted this NPRM on February 27, 2014, and released it on February 28. It is FCC 14-20 in WT Docket No. 14-36. See, FR, Vol. 79, No. 62, April 1, 2014, at Pages 18249-18256.

3/28. The Federal Communications Commission (FCC) set comment deadlines for its Further Notice of Proposed Rulemaking (NPRM) regarding location surveillance. The deadline to submit initial comments is May 12, 2014. The deadline to submit reply comments is June 11. This FNPRM is FCC 14-13 in PS Docket No. 07-114. The FCC adopted it on February 20, 2014, and released it on February 21. See, Public Notice (DA 14-42) setting deadlines, and March 28 notice in the Federal Register, Vol. 79, No. 60, March 28, 2014, at Pages 17819-17847. See also, story titled "FCC Proposes Changes to Location Surveillance Rules" in TLJ Daily E-Mail Alert No. 2,629, February 24, 2014.

4/28. The American Library Association (ALA) announced in a release that Adam Eisgrau has joined the ALA to work on surveillance and cybersecurity matters. He began his career in law and on Congressional staffs. He has since lobbied and consulted on a wide range of intellectual property, surveillance and other technology related issues. He previously lobbied on behalf of the Electronic Frontier Foundation (EFF) in opposition to the legislation that granted immunity from civil suits to service providers that assisted the federal government in warrantless wiretaps. See, story titled "EFF Hires Lobbyists to Oppose Surveillance Immunity" in TLJ Daily E-Mail Alert No. 1,651, October 8, 2007.

4/28. The U.S. District Court (EDNY) unsealed an indictment that charges second term Rep. Michael Grimm (R-NY) with mail fraud, wire fraud, aiding and assisting in the preparation of false federal tax returns, conspiring to defraud the United States, impeding the Internal Revenue Service, health care fraud, engaging in a pattern or practice of hiring and continuing to employ unauthorized aliens, perjury and obstructing an official proceeding. The Office of the U.S. Attorney for the Eastern District of New York stated in a release that prior to his election to the House of Representatives he was one of the owners of a restaurant in New York City, that the restaurant hired illegal aliens, that it paid some employees in cash, and then under reported wages paid for the purpose of calculating payroll taxes, and that the restaurant under reported cash revenues for income tax purposes. This case is U.S. v. Grimm, U.S. District Court for the Eastern District of New York, D.C. No. 14-248. Rep. Grimm is a member of the House Financial Services Committee (HFSC).

4/24. The Senate Homeland Security and Government Affairs Committee's (SHSGAC) Subcommittee on Financial and Contracting Oversight released a staff report titled "Investigation into Allegations of Misconduct by the Former Acting and Deputy Inspector General of the Department of Homeland Security". This report finds that Charles Edwards "jeopardized the independence of the OIG. The Subcommittee reached this conclusion after considering related findings. These include Mr. Edwards' inadequate understanding of the importance of OIG independence and his frequent communications and personal friendships with senior DHS officials. Mr. Edwards did not obtain independent legal advice and directed reports to be altered or delayed to accommodate senior DHS officials. Mr. Edwards also did not recuse himself from audits and inspections that had a conflict of interest related to his wife's employment."

4/28. The Department of Homeland Security's (DHS) National Protection and Programs Directorate's (NPPD) Office of Cybersecurity and Communications' (OCC) US CERT released a notice on April 28, 2014 regarding a vulnerability in Microsoft's Internet Explorer. The notice states that "US-CERT is aware of active exploitation of a use-after-free vulnerability in Microsoft Internet Explorer. This vulnerability affects IE versions 6 through 11 and could lead to the complete compromise of an affected system." The US CERT also released a more detailed vulnerability note which states that "By convincing a user to view a specially crafted HTML document (e.g., a web page or an HTML email message or attachment), an attacker may be able to execute arbitrary code." (Parentheses in original.) It adds that "We are currently unaware of a practical solution to this problem." On April 26 Microsoft released a security advisory titled "Vulnerability in Internet Explorer Could Allow Remote Code Execution".

4/25. The Copyright Royalty Judges published a notice in the Federal Register (FR) that announces, describes, recites, and sets the effective dates (April 25, 2014) for, their determination of the rates and terms for two statutory licenses, permitting certain digital performances of sound recordings and the making of ephemeral recordings, for the period beginning on January 1, 2011, and ending on December 31, 2015. See, FR, Vol. 79, No. 80, April 25, 2014, at Pages 23101-23139.

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The House will return from recess. It will meet at 2:00 PM for legislative business. It will consider several bills, including S 994 [LOC | WW], the "The Digital Accountability and Transparency Act", under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule.

The Senate will return from recess. It will meet at 2:00 PM. It may consider the nomination of Michelle Friedland to be a Judge of the U.S. Court of Appeals (9thCir). See, stories titled "Obama Nominates Pharmaceutical Attorney for 9th Circuit" in TLJ Daily E-Mail Alert No. 2,587, August 6, 2013, and "Court of Appeals Appointments" in TLJ Daily E-Mail Alert No. 2,643, April 21, 2014.

10:00 AM. The Supreme Court will hear oral argument in Nautilus v. Biosig Instruments, Sup. Ct. No. 13-369, an appeal from the U.S. Court of Appeals (FedCir) . The questions presented are "Does the Federal Circuit's acceptance of ambiguous patent claims with multiple reasonable interpretations -- so long as the ambiguity is not ``insoluble´´ by a court -- defeat the statutory requirement of particular and distinct patent claiming?" and "Does the presumption of validity dilute the requirement of particular and distinct patent claiming?". See also, April 26, 2013, opinion of the Court of Appeals. Location: 1 First St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Committee will host a panel discussion titled "Patent Reform Legislation". The speakers may include Alexandra Givens (Senior Counsel, Senate Judiciary Committee), Russ Merbeth (General Counsel, Intellectual Ventures), and Ken Salomon (Thompson Coburn). Free. Bring your own lunch. Location: Wilkinson Barker Knauer, Suite 700, 2300 N St., NW.

Deadline to submit comments to the General Services Administration (GSA) regarding "how to implement" the "recommendations" contained in the GSA and Department of Defense (DOD) document titled "Final Report of the Joint Working Group on Improving Cybersecurity and Resilience Through Acquisition". This document pertains to both cyber security in products and services procured by the federal government, and leverage of the federal government procurement process to regulate private sector cyber security practices. See, notice in the Federal Register, Vol. 79, No. 48, March 12, 2014, Page 14042.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to Part VI(A) of its Further Notice of Proposed Rulemaking (FNPRM) regarding closed captioning of video programming. Part VI(A) pertains to "Responsibilities for Meeting the Closed Captioning Obligations". The FCC adopted this FNPRM on February 20, 2014, and released it on February 24, 2014. It is FCC 14-12 in CG Docket No. 05-231. See, notice in the Federal Register, Vol. 79, No. 59, March 27, 2014, at Pages 17093-17106.

Deadline to submit written comments in advance of the President's Council of Advisors on Science and Technology's (PCAST) April 30 public conference call on the PCAST's big data and privacy report. Although, other written comments will be accepted through April 30. See, notice in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21453-21454.

EXTENDED TO MAY 28. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) that requests comments to refresh the record regarding the ability of non-English speakers to access emergency information. This PN is DA 14-336 in EB Docket No. 04-296. The FCC released it on March 11, 2014. See also, notice in the Federal Register, Vol. 79, No. 60, March 28, 2014, at Pages 17490-17493. See, April 24 Public Notice (DA 14-552) extending deadlines.

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

8:00 AM - 4:00 PM. The National Law Journal will host an event titled "Crisis Mitigation: Preparing for and Navigating Fallout from Catastrophic Events". At 4:00 - 5:00 PM there will be a panel titled "Understanding Your Company’s Exposure to Cyber Crime & Mitigating Your Risk of Data Security Breach". The speakers will include Tom Finan (DHS/NPPD Senior Cybersecurity Strategist and Counsel). See, notice. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

9:00 - 10:30 AM. The New America Foundation (NAF) and the Massachusetts Institute of Technology's (MIT) Information Technology Project will host an event titled "The Technology Deficit: Attracting Tech Talent into Government and Civil Society". Free. Open to the public. Webcast. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

10:00 AM. The House Financial Services Committee (HFSC) will hold a hearing titled "Oversight of the SEC's Agenda, Operations, and FY 2015 Budget Request". The witness will be SEC Chairman Mary Jo White. See, notice. Location: Room 2128, Rayburn Building.

RESCHEDULED FROM APRIL 8. 10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a closed hearing titled "Cybersecurity". The witnesses will be Suzanne Spaulding, Phyllis Schneck, and Larry Zelvin (all of the DHS's National Protection and Programs Directorate). No webcast. See, notice. Location: Room H-405, Capitol Building.

10:00 AM. The Supreme Court will hear oral argument in Riley v. California, Sup. Ct. No. 13-132, an appeal from the Court of Appeal of California in a case involving whether or under what circumstances the Fourth Amendment permits police officers to conduct a warrantless search of the digital contents of an individual's cell phone seized from the person at the time of arrest. See also, February 8, 2013, opinion of the lower court. Location: 1 First St., NW.

10:00 AM - 4:30 PM. The Federal Energy Regulatory Commission (FERC) will hold a meeting to discuss Version 5 Critical Infrastructure Protection Reliability Standards. The agenda includes discussion of the security of Bulk Power System (BPS) data being transmitted over data networks. Open to the public. See, notice in the Federal Register, Vol. 79, No. 79, April 24, 2014, at Pages 22812-22814. Location: FERC, Commission Meeting Room, 888 1st St., NE.

10:15 AM. The House Ways and Means Committee (HWMC) will meet to mark up numerous bills, including HR 4438 [LOC | WW], the "American Research and Competitiveness Act of 2014", a bill to revise and make permanent the research and development tax credit. See, notice. Location: Room 1100, Longworth Building.

11:00 AM. The Supreme Court will hear oral argument in U.S. v. Wurie, Sup. Ct. No. 13-212, an appeal from the U.S. Court of Appeals (1stCir) in a case involving whether the Fourth Amendment permits the police, without obtaining a warrant, to review the call log of a cell phone found on a person who has been lawfully arrested. See also, May 17, 2013, opinion of the Court of Appeals. Location: 1 First St., NW.

12:00 NOON - 1:30 PM. The Federal Communications Commission (FCC) will host a panel discussion regarding "what it means to be a legal advisor at the FCC". The speakers will be Daniel Alvarez and Renee Gregory (Legal Advisors to Chairman Tom Wheeler), Amy Bender (Commissioner Michael O'Rielly), David Goldman (Commissioner Jessica Rosenworcel), and Louis Peraertz (Commissioner Mignon Clyburn). Justin Faulb (National Association of Broadcasters) will moderate. For more information, contact Lindsey Tonsager at ltonsager at cov dot com or Justin Faulb at jfaulb at nab dot org. Bring your own lunch. Free. The FCBA states that this is an event of its Young Lawyers Committee. Location: FCC, 7 South, 445 12th St., SW.

12:15 - 2:00 PM. The DC Bar Association will host a panel discussion titled "Protection of Pre-1972 Sound Recordings: The Sirius/XM Lawsuits and Other Issues". The speakers will be Gary Greenstein (WSGR), Kenneth Kaufman (Manatt Phelps & Phillips), John Simson (American University), and Lita Rosario. Free. No CLE credits. No webcast. Bring your own lunch. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. See, notice. Location: SoundExchange, 10th floor, 733 10th St., NW.

1:00 PM. The House Judiciary Committee (HJC) will hold a hearing on HR 1129 [LOC | WW], the "Mobile Workforce State Income Tax Simplification Act of 2013". The witnesses will be Lori Brown (CACI International, on behalf of the American Payroll Association), Jeffrey Porter (American Institute of Certified Public Accountants), Maureen Riehl (Council on State Taxation), and Patrick Carter (Delaware Division of Revenue, on behalf of the Federation of Tax Administrators). Webcast. Location: Room 2141, Rayburn Building.

1:00 - 5:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will host one of its series of meetings regarding privacy and facial recognition technology. See, notice in the Federal Register, Vol. 78, No. 235, December 6, 2013, at Pages 73502-73503. Location: American Institute of Architects, 1735 New York Ave., NW.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters. See, notice. Location: Room SVC-217, Capital Visitor Center.

5:30 - 7:00 PM. The Brookings Institution (BI) will host a panel discussion titled "The Future of Longform Publishing". The speakers will be Sarah Sampsel (Washington Post, Director of Digital Strategy), Hannah Wallander (New York Times), John Dickerson (Slate), Chad Millman (ESPN The Magazine), and David Nassar (BI). See, notice. Location: BI, 1775 Massachusetts Ave., NW.

6:30 PM. The National Press Club (NPC) will host an event titled "Copyright and Social Media". The speaker will be Mickey Osterreicher, General Counsel of the National Press Photographers Association (NPPA). The NPC notice states this: "How can photographers protect the millions of images and recordings produced every day and posted on traditional websites and social media such as Facebook, Twitter, YouTube and Instagram?" Free. Tickets required. No webcast. Location: NPC, First Amendment Lounge, 13th Floor, 529 14th St., NW.

6:30 - 9:30 PM. The Consumer Electronics Association (CEA) will host an event titled "Digital Patriots Dinner". See, notice. Location: National Building Museum.

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

8:45 AM - 12:15 PM. The New America Foundation (NAF) will host an event titled "Hacking the University: Will Tech Fix Higher Education?". Free. Open to the public. Webcast. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

9:30 AM. The House Appropriations Committee (HAC) will meet to mark up the FY 2015 Commerce, Justice, and Science Appropriations Bill. See, notice. Location: Room H-140, Capitol Building.

9:30 AM. The House Homeland Security Committee (HHSC) will meet to mark up several bills, including HR 3283 [LOC | WW], the "Integrated Public Alert and Warning System Modernization Act of 2013". See, notice. Location: Room 311, Cannon Building.

10:00 AM. The House Judiciary Committee (HJC) will meet to mark up several bills. The third item on the agenda is HR 4225 [LOC | WW], the "Stop Advertising Victims of Exploitation Act of 2014" or "SAVE Act". The HJC is scheduled to consider an amendment in the nature of a substitute. Webcast. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Foreign Affairs Committee (HFAC) will meet to mark up several bills, including HR __, the "United States International Communications Reform Act of 2014". See, notice. Location: Room 2172, Rayburn Building.

10:00 AM. The House Financial Services Committee's (HFSC) Subcommittee on Financial Institutions and Consumer Credit will hold a hearing titled "Examining How Technology Can Promote Consumer Financial Literacy". The witnesses will be Alicia Cackley (Government Accountability Office), Gabriel Krajicek (BancVue), Stephen Kehoe (Visa), Barry Saik (Intuit), and Sabrina Lamb (WorldofMoney.org). See, notice. Location: Room 2128, Rayburn Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "President Obama's 2014 Trade Policy Agenda". The witness will be Michael Froman (U.S. Trade Representative). See, notice. Location: Room 215, Dirksen Building.

10:00 AM. The Supreme Court will hear oral argument in Limelight Networks v. Akamai Technologies, Sup. Ct. No. 12-786, an appeal from the U.S. Court of Appeals (FedCir) in a case involving whether a defendant may be held liable for inducing patent infringement under 35 U.S.C. § 271(b) even though no one has committed direct infringement under 35 U.S.C. § 271(a). See also, August 31, 2012 opinion of the Court of Appeals. Location: 1 First St., NW.

11:00 - 11:30 AM. The President's Council of Advisors on Science and Technology (PCAST) will hold a public conference call to discuss the PCAST's big data and privacy report. See, notice in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21453-21454.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Bitcoin and other Virtual Currencies: Emerging Issues in Regulation and Enforcement". The speakers will be Brian Klein (Baker Marquart), Deborah Peden (Pillsbury Winthrop), Ronald Rowe (U.S. Secret Service), Luke Sully (PWC), and Nina Marino (Kaplan Marino). Prices vary. CLE credits. See, notice.

5:00 PM. Deadline to submit to the Department of Transportation (DOT) applications for prizes in its program titled "DOT Data Innovation Challenge". The DOT states that entries should be a "web-based tool, data visualization, mobile app, or other innovative use of technology to address systemic challenges by accessing publicly-available Federal and/or local DOT datasets". See, notice in the Federal Register, Vol. 79, No. 46, March 10, 2014, at Pages 13370-13373.

6:00 - 8:00 PM. The Consumer Electronics Association (CEA) will host an event titled "CES on the Hill". Invitation only. See, notice. Location: Cafeteria, Room B-357, Rayburn Building.

6:30 - 7:30 PM. The New America Foundation (NAF), Center for Media Justice (CMJ) and Consumers Union will host a panel discussion titled "InSecurity: Race, Surveillance and Privacy in the Digital Age". The speakers will be Seeta Peña Gangadharan (NAF), Chris Calabrese (ACLU), Hamid Khan (Stop LAPD Spying), Grace Sheedy (United Food and Commercial Workers International Union), and Malkia Cyril (CMJ). Free. Open to the public. Webcast. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

EXTENDED TO NOVEMBER 17. Extended deadline to submit reply comments in response to Section IV.B of the Federal Communications Commission's (FCC) Further Notice of Proposed Rulemaking (FNPRM) regarding special access. Section IV.B pertains to "Possible Changes to Pricing Flexibility Rules after Proposed One-Time, Multi-Faceted Market Analysis". The FCC adopted this item on December 11, 2012, and released it on December 18, 2012. It is FCC 12-153 in WC Docket No. 05-25 and RM-10593. See, original notice in the Federal Register (FR), Vol. 78, No. 8 January 11, 2013, at Pages 2600-2614, setting deadlines. See also, July 2013 Public Notice extending deadlines. See, notice in FR, Vol. 79, No. 52, March 18, 2014, at Pages 15092-15093, and March 5, 2014 Public Notice (DA 14-302), further extending deadlines.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its third draft of SP 800-16 Rev. 1 [163 pages in PDF] titled "A Role-Based Model for Federal Information Technology / Cyber Security Training".

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

9:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". No webcast. See, notice. Location: Room HVC-304.

9:30 AM. The House Financial Services Committee's (HFSC) Subcommittee on Capital Markets and Government Sponsored Enterprises will hold a hearing titled "Legislative Proposals to Enhance Capital Formation for Small and Emerging Growth Companies, Part II". The witnesses will be __. See, notice. Location: Room 2128, Rayburn Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Health will hold a hearing titled "Telehealth to Digital Medicine: How 21st Century Technology Can Benefit Patients". Webcast. See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda once again includes consideration of S 1720 [LOC | WW], the "Patent Transparency and Improvements Act of 2013". See, stories titled "Patent Legislation Update" in TLJ Daily E-Mail Alert No. 2,637, April 7, 2014, and "Senate Judiciary Committee Members Still Working on Patent Bill" in TLJ Daily E-Mail Alert No. 2,641, April 17, 2014. The agenda also includes consideration of four District Court nominees: Carlos Mendoza (MDFl), Darren Gayles (SDFl), Paul Byron (MDFl), and Beth Bloom (SDFl). Webcast. See, notice. Location: Room 226, Dirksen Building.

12:00 NOON. The Cato Institute will host a panel discussion titled "Tumblr for Non-Profits: Finding and Engaging your Audience". The speakers will be Liba Rubenstein (Tumblr) and Kat Murti (Cato). Free. Open to the public. Webcast. See, notice. Location: Cato, 1000 Massachusetts Ave., NW.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a webcast panel discussion titled "Private Enforcement: Charting International Waters between the US and China". The speakers will be Heather Tewksbury (Wilmer Hale), William Isaacson (Boies Schiller & Flexner), and Daniel Mason (Zelle Hofmann). Prices vary. No 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.

Effective date of the Copyright Office's (CO) changes to its fees schedule. See, CO notice.

Deadline to submit written comments to the National Foundation on Arts and the Humanities' (NFAH) Institute of Museum and Library Services (IMLS) in connection with its April 17 hearing titled "Libraries and Broadband: Urgency and Impact". The purpose of this hearing is "establishing a public record specifically focused on the need for and impact of high speed broadband connectivity in America's libraries". See, notice in the Federal Register, Vol. 79, No. 47, March 11, 2014, at Pages 13679-13680. See also, the FCC's 2013 NPRM and March 2014 Public Notice (PN) regarding expanding the FCC's e-rate tax and subsidy program.

Deadline to submit nominations to the Office of the U.S. Trade Representative (OUSTR) for membership on its Intergovernmental Policy Advisory Committee on Trade (IGPAC). See, notice in the Federal Register, Vol. 79, No. 62, April 1, 2014, at Pages 18382-18384.

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

Supreme Court conference day. See, October Term 2013 calendar.

10:00 - 11:30 PM. The Brookings Institution (BI) will host a panel discussion titled "The Evolution of Video Streaming and Digital Content Delivery". The speakers will be John Donovan (AT&T), Jeremy Legg (Turner Broadcasting System), Derek Aberle (Qualcomm), and Darrell West (BI). See, notice. Location: BI, 1775 Massachusetts Ave., NW.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a webcast panel discussion titled "Data Privacy Basics". The focus will be data privacy in the health care industry. The speakers will be Joshua James (Bryan Cave), Cora Tung Han (FTC's Division of Privacy and Identity Protection), and Adam Green (Davis Wright Tremaine). Prices vary. No CLE credits. See, notice.

Deadline to submit comments to the Securities and Exchange Commission (SEC) in connection with its March 26, 2014 event titled "Cybersecurity Roundtable". See, notice in the Federal Register, Vol. 79, No. 56, March 24, 2014, at Page 16071.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the complaint (request for consultations) submitted to the World Trade Organization (WTO) by the People's Republic of China (PRC) against the U.S. regarding U.S. antidumping measures against the PRC. See, notice in the Federal Register, Vol. 79, No. 67, April 8, 2014, at Pages 19409-19411.

TIME? Day one of a six day event hosted by the National Science Foundation's (NSF) Networking and Information Technology Research and Development Program (NITRDP), DARPA, NSA, and others titled "High Confidence Software and Systems Conference". Location: Annapolis, MD.

The House will not meet the week of April 21-25. See, 2014 House calendar.

9:00 AM - 5:00 PM. The Copyright Office (CO) will hold a hearing to assist it in preparing a study of U.S. law recognizing and protecting "making available" and "communication to the public" rights for copyright holders. See, notice in the Federal Register, Vol. 79, No. 37, February 25, 2014, at Pages 10571-10573. The deadline to submit comments in advance of this hearing is April 4, 2014.

9:00 - 10:30 AM. The Technology Policy Institute (TPI) will host a panel discussion titled "Internet Economics in a Changing Video and Data Environment". The speakers will include Stanley Besen (Charles River Associates), Joseph Cavender (Level 3 Communications), David Clark (MIT's Communications Futures Program), Bob Crandall (TPI and Brookings Institution), and Scott Wallsten (TPI). Breakfast will be served from 8:30 AM. Free. Open to the public. See, notice. Location: City Club, 555 13th St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in H-W Technology v. Overstock.com, App. Ct. No. 14-1054. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in CEATS v. Continental Airlines, App. Ct. No. 13-1529. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

TIME? Day two of a six day event hosted by the National Science Foundation's (NSF) Networking and Information Technology Research and Development Program (NITRDP), DARPA, NSA, and others titled "High Confidence Software and Systems Conference". Location: Annapolis, MD.

2:00 - 3:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and teleconferenced panel discussion titled "Recent Antitrust Developments: March and April 2014". The focus will be developments in the health care and pharmaceuticals markets. The speakers will be Kellie Kemp (WSGR) and Megan Browdie, Jacqueline Grise, Tanisha James, and Howard Morse (all of Cooley). Prices vary. No CLE credits. See, notice. Location: Cooley, Suite 700, 1299 Pennsylvania Ave., NW.

2:00 - 4:00 PM. The National Science Foundation's (NSF) Networking and Information Technology Research and Development(NITRD) Program's Middleware and Grid Interagency Cooridination (MAGIC) Team meets the first Wednesday of each month. See, notice in the Federal Register, Vol. 78, No. 226, November 22, 2013, at Page 70076. Location: NSF, 4201 Wilson Boulevard, Arlington, VA.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "NSA Telephonic and Electronic Surveillance: The Executive, Legislative and Judicial Drivers of Reform and Likely Outcomes". The speakers will be David Valdez (FCC), Allan Friedman (George Washington University), Amie Stepanovich (Access), Kevin Bankston (New America Foundation), Douglas Bonner (Drinker Biddle & Reath), Michael Sussman (Perkins Coie), Marc Zwillinger (ZwillGen). Prices vary. CLE credits. No webcast. The deadline for registrations and cancellations is 5:00 PM on May 2. See, notice. Location: Drinker Biddle & Reath, Conference Room 2B, 1500 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding text to 911 service. The FCC adopted this item on January 30, 2014, and released it on January 31, 2014. It is FCC 14-6 in PS Docket Nos. 10-255 and 11-153. See, notice in the Federal Register, Vol. 79, No. 43, March 5, 2014, at Pages 12442-12458.