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Monday, July 28, 2014, Alert No. 2,681.
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House to Vote on Five ICT Bills

7/28. The House schedule for the week of July 28, 2014 includes consideration of five information and communications technology (ICT) related bills.

All of these bills will be considered under suspension of the rules, which means that no amendments will be considered, and that a super majority of two thirds is required for passage..

The House is scheduled to consider:

  • HR 3696 [LOC | WW], the "National Cybersecurity and Critical Infrastructure Protection Act".
  • HR 2952 [LOC | WW], the "The Critical Infrastructure Research and Development Act".
  • HR 3107 [LOC | WW], the "Homeland Security Cybersecurity Boots-on-the-Ground Act".
  • HR 3635 [LOC | WW], the "Safe and Secure Federal Websites Act of 2013".
  • HR 4490 [LOC | WW], the "United States International Communications Reform Act of 2014".

The first three are House Homeland Security Committee (HHSC) bills that would make minor changes to the Department of Homeland Security's (DHS) cyber security related activities and operations. See, related story in this issue titled "House to Consider Three DHS Cyber Security Bills".

The fourth is a House Oversight and Government Reform Committee (HOGRC) bill that would impose very minimal requirements on federal government agencies regarding keeping certain web sites secure from hackers and insider thieves. See, related story in this issue titled "House to Consider Bill Regarding Federal Web Site Security".

The fifth is a House Foreign Affairs Committee (HFAC) bill that would reorganize the U.S. government's international broadcasting operations. It would, however, maintain the ineffective cold war broadcasting model, and largely ignore new information and communications technologies. See, related story in this issue titled "House to Consider International Communications Reform Act".

House to Consider Three DHS Cyber Security Bills

7/28. The House is scheduled to consider three bills that pertain to cyber security activities and operations at the Department of Homeland Security (DHS). All three are products of the House Homeland Security Committee (HHSC).

None of these three bills would impose any new mandates on businesses or people outside of the DHS. None contain new grants of rulemaking or adjudicatory powers to the DHS. None contain new authorizations of appropriations.

Rep. Mike McCaul (R-TX) introduced HR 3696 [LOC | WW], the "National Cybersecurity and Critical Infrastructure Protection Act", on December 11, 2014. The House Homeland Security Committee (HHSC) amended and approved it on February 5, 2014.

This bill would amend the Homeland Security Act of 2002, which created the DHS, to further specify the DHS's cyber security related activities and operations.

However, it provides that it does not "create or authorize the issuance of any new regulations or additional Federal Government regulatory authority; or (2) permit regulatory actions that would duplicate, conflict with, or supercede existing regulatory requirements, mandatory standards, or related processes".

Rep. Patrick Meehan (R-PA) introduced HR 2952 [LOC | WW], the "The Critical Infrastructure Research and Development Act", on August 1, 2013. The HHSC's Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies (SCIPST) amended and approved it on September 18, 2013. The full Committee amended and approved it on October 29, 2013.

This bill would require the DHS to write, and revise every two years, a "strategic plan to guide the overall direction of Federal physical security and cybersecurity technology research and development efforts for protecting critical infrastructure".

It would also require the DHS to write and revise every two years a report on the DHS's "utilization of public-private research and development consortiums for accelerating technology development for critical infrastructure protection".

The bill would also create in the DHS's National Protection and Programs Directorate (NPPD) a "a technology clearinghouse for rapidly s haring proven technology solutions for protecting critical infrastructure".

Rep. Yvette ClarkeRep. Yvette Clark (D-NY) (at right) introduced HR 3107 [LOC | WW], the "Homeland Security Cybersecurity Boots-on-the-Ground Act", on September 17, 2013. The HHSC's SCIPST amended and approved it on September 18, 2013. The full Committee amended and approved it on October 29, 2013.

This bill pertains to the DHS and contractor personnel who work on cyber security related matters.

It would require that the DHS develop "comprehensive occupation classifications for individuals performing activities in furtherance of the cybersecurity mission" of the DHS, write an "assessment" of the "readiness and capacity of the Department to meet its cybersecurity mission", and write a "workforce strategy that enhances the readiness, capacity, training, and recruitment and retention of the cybersecurity workforce".

This bill would also require the DHS to write a report on "the feasibility of establishing a Cybersecurity Fellowship Program to offer a tuition payment plan for undergraduate and doctoral candidates who agree to work" for the DHS.

House to Consider Bill Regarding Federal Web Site Security

7/28. The House is scheduled to consider HR 3635 [LOC | WW], the "Safe and Secure Federal Websites Act". This bill pertains to security of new federal web sites that are used to collect certain personally identifiable information (PII).

Rep. Kerry Bentivolio (R-MI) introduced this bill on December 3, 2013. The House Oversight and Government Reform Committee (HOGRC) amended and approved it on March 12, 2014.

This bill would provide that a federal "agency may not deploy or make available to the public a new" web site that "elicits, collects, or stores personally identifiable information of individuals" until it has submitted a certification to the Congress that the web site "is fully functional and secure".

However, much personal information, the loss of which could cause harm, falls outside of the scope of this bill. Moreover, the security procedures that the agency must certify are minimal.

The bill excludes from its definition of PII names, mailings addresses, e-mail addresses, and telephone numbers.

The bill defines "secure" as having "security features that meet a standard acceptable for banking purposes".

The bill also requires that the agency that maintains the web site must limit access to the PII of the agency to persons who have completed a Standard Form 85P and signed a non-disclosure agreement. This form is used to obtain basic information from an employee that would assist investigators to begin work on a background check. However, there is no requirement in the bill that the agency actually conduct any level of background check on any person given access to PII.

The agency need only certify that it "takes proper precautions to ensure only trustworthy persons may access such information".

House to Consider International Communications Reform Act

7/28. The House is scheduled to consider HR 4490 [LOC | WW], the "United States International Communications Reform Act of 2014". This bill would reorganize the U.S. government's international news and information operations -- Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia (RFA), the Middle East Broadcasting Network (MBN), and Radio and Television Marti.

Rep. Ed Royce (R-CA) and Rep. Eliot Engel (D-NY) introduced this bill on April 28, 2014. The House Foreign Affairs Committee (HFAC) amended and approved it on April 30, 2014.

This bill is about the publication of news and information, by the U.S. government, to people outside of the U.S., for political purposes. Sponsors of this bill state that the primary purpose is to make available reliable news and information in non-democratic countries, that lack a free press, and in which the repressive local government disseminates false information.

The current governing body, the Broadcasting Board of Governors (BBG), is widely understood to be dysfunctional. Moreover, the effectiveness of its operations fall far short of the goals of members of Congress.

The bill would create a new "United States International Communications Agency" in its place. It would be a federal executive branch agency. The bill would also combine Radio Free Europe/Radio Liberty, Radio Free Asia (RFA), the Middle East Broadcasting Network (MBN) into one entity -- Freedom News Network. It would also require that Voice of America restrict its content to "clear and effective presentation of the policies of the United States".

Rep. Ed RoyceRep. Royce (at right) stated in an April 2014 release that "The free flow of information and ideas is at the core of a democratic society. Across the globe -- whether it is reaching the young Iranian protesting the regime in Tehran, covering the elections in Afghanistan, or countering Russian propaganda in Eastern Europe -- freedom of information is key to the success of our national security objectives. Unfortunately, the Broadcasting Board of Governors (BBG), the agency charged with leading the U.S. effort to inform and empower foreign audiences, is badly broken. It is time for broad reforms; now more than ever, U.S. international broadcasts must be effective."

The bill recites in its findings that "United States international broadcasting exists to advance the United States' interests and values by presenting accurate, objective, and comprehensive news and information, which is the foundation for democratic governance, to societies that lack a free media".

It also finds that the current BBG is dysfunctional. It states that its purpose is to create a new "international broadcasting framework that more effectively leverages the broadcasting tools available and creates specialization of expertise in mission oriented programming, while minimizing waste and inefficiency".

Arguably, this bill may clean up management processes, but leave the U.S.'s efforts ineffective.

The current U.S. efforts are largely based on cold war strategies and technologies. The model is top down, government controlled, one to many, broadcasting of audio and video signals. The bill would do little to change this.

While BBG entities currently use web sites and television broadcasts, the primary technology is terrestrial radio.

Broadcast radio and television is subject to jamming, and will remain so. Also, regulation of receivers limits users' access to devices that can receive signals on anything except government approved frequencies. And, access to web sites can be blocked by firewalls.

Many international radio signals are broadcast on shortwave frequencies (below 30 MHz) because target nations tend not to allow foreign stations or relays to locate there, and shortwave radio has the ability to reflect off of the earth's ionosphere, enabling broadcasting from great distances.

The bill is largely silent use of private sector authored works, or contracting with private sector entities. Although, the bill does mention that the government "should seek to leverage public-private partnerships, including the licensing of content".

The bill is also silent on communications that are not generated by governments or news media, new communications networks and devices, and use of social media. The bill contemplates that the U.S. will continue to produce and aggregate content, and then broadcast it from afar into the people of the target nation. The bill is silent about the U.S. government promoting the development and deployment of technologies and services that enable people within target nations to communicate the news and information that they cannot get from their own repressive governments and its controlled news media.

The bill is also silent on the connection between surveillance and free access to information. That is, if the government does not jam broadcasts or block internet access, but monitors what its people read, watch or listen to, and with whom they communicate, this can intimidate people from accessing information.

Also, the bill makes no mention of satellite radio.

While BBG entities do now have web sites, and the bill acknowledges the existence of the internet, and "changing media technologies", the bill is notably silent on using IP based technologies, such as streaming audio, streaming video, e-mail, RSS feed, SMS, and social media web sites.

This is a huge bill, 68 pages in PDF, which only uses the words "internet" and "web" once each.

Currently, many nations effectively jam radio broadcasts. Some block access to web sites. For example, the People's Republic of China (PRC) has developed the government program know variously as jīndùn gōngchéng, Golden Shield Project, and Geat Firewall of China. Yet, despite the deployment of blocking technology, there is nothing in the bill about developing technologies for evading the effects of web site blocking, such as through use of proxy servers.

Also, the bill states that appointees to the new governing board must be persons distinguished in the fields of "public diplomacy, mass communications, print, broadcast media, or foreign affairs". Notably, there is no reference to IT expertise.

Currently, the RFA broadcasts into the PRC, as well as Tibet, North Korea, Vietnam, Cambodia, Laos, and Burma, in the local languages --Mandarin, Cantonese, Tibetan (Kham, Amdo, and Uke dialects), Uyghur, Burmese, Vietnamese, Lao, Khmer, and Korean.

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In This Issue
This issue contains the following items:
 • House to Vote on Five ICT Bills
 • House to Consider Three DHS Cyber Security Bills
 • House to Consider Bill Regarding Federal Web Site Security
 • House to Consider International Communications Reform Act
Washington Tech Calendar
New items are highlighted in red.
Monday, July 28

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. The House will consider numerous bill under suspension of the rules, including HR 3696 [LOC | WW], the "National Cybersecurity and Critical Infrastructure Protection Act", HR 2952 [LOC | WW], the "The Critical Infrastructure Research and Development Act", HR 3107 [LOC | WW], the "Homeland Security Cybersecurity Boots-on-the-Ground Act", HR 3635 [LOC | WW], the "Safe and Secure Federal Websites Act of 2013", and HR 4490 [LOC | WW], the "United States International Communications Reform Act of 2014". Votes will postponed until 6:30 PM. See, Rep. Cantor's schedule.

The Senate will meet at 2:00 PM.

Day one of a two day event hosted by the Minority Media & Telecom Council (MMTC) titled "12th Annual Access to Capital and Telecom Policy Conference". See, notice. Location: Embassy Suites Convention Center Hotel, 900 10th St., NW.

Tuesday, July 29

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

Day two of a two day event hosted by the Minority Media & Telecom Council (MMTC) titled "12th Annual Access to Capital and Telecom Policy Conference". See, notice. Location: Embassy Suites Convention Center Hotel, 900 10th St., NW.

Day one of a three day conference hosted by the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) titled "Update Conference on Export Controls and Policy". At 10:30 on July 29 there will be a panel discussion titled "Cyber Threats to Industry" that will address how cyber threats and the National Institute of Standards and Technology's (NIST) cyber security regulatory framework relate to export compliance. See, conference web site. Location: Hilton Hotel, 815 14th St., NW.

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Judicial Nominations". Webcast. See, notice. Location: Room 226, Dirksen Building.

10:15 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing, and Trade will hold a hearing titled "Nanotechnology: Understanding How Small Solutions Drive Big Innovation". The witnesses will be __. Webcast. See, notice. Location: Room 2322, Rayburn Building.

12:00 NOON - 1:00 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Blurred: Lines: Intersection of Antitrust and Consumer Protection". The topics to be discussed include false advertising and deception as a component of an antitrust claim, Retractable Technologies v. Becton Dickinson (USDC/EDTex, D.C. No. 07-CV-0250), and Section 5 of the FTC Act. The speakers will be Valentina Rucker (Wilson Sonsini), Christopher Cole (Crowell & Moring), Jonathan Klarfeld (Ropes & Gray), David Balto, and Diana Moss (American Antitrust Institute). The price to attend ranges from free to $25. No CLE credits. See, notice. Location: Wilson Sonsini, 5th floor, 1700 K St., NW.

1:00 -2:00 PM. The National Science Foundation's (NSF) National Science Board's (NSB) Committee on Strategy and Budget will hold a closed meeting by teleconference. See, notice in the Federal Register, Vol. 79, No. 142, July 24, 2014, at Page 43099.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Surviving a Cyber Attack on Your Law Practice". The speakers will be Lucy Thomson, Randy Sabett, Jill Rhodes, and Vincent Polley. Prices vary. CLE credits. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Navigating Legal Issues of Healthcare in the Cloud". The speakers will be Jean Marie Pechette, Ericka Watson, and Dominique Shelton (Alston & Bird) The price to attend ranges from $150 to $195. CLE credits. See, notice.

2:00 - 5:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Terrorism, Nonproliferation, and Trade will hold a hearing titled "A U.S.-EU Trade Agreement: Bolstering Economic and National Security". The witnesses will be Todd Cohen (eBay), James Jones, Jeffrey Schott (Peterson Institute for International Economics), and Celeste Drake (Trade and Globalization Policy Specialist). Webcast. See, notice. Location: Room 2172, Rayburn Building.

4:00 PM. The House Commerce Committee (HCC) will meet to begin its mark up several bills, including HR 3670 [LOC | WW], the "Anti-Spoofing Act of 2013", HR 5161 [LOC | WW], the "E-LABEL Act", and HR 1575 [LOC | WW], the "Kelsey Smith Act". This meeting is for opening statements only. Webcast. See, notice. Location: Room 2123, Rayburn Building.

Deadline to submit comments to the Federal Energy Regulatory Commission (FERC) in response to its notice of proposed rulemaking regarding electricity interconnection. See, notice in the Federal Register, Vol. 79, No. 120, June 23, 2014, at Pages 35501-35502.

Wednesday, July 30

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

Day two of a three day conference hosted by the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) titled "Update Conference on Export Controls and Policy". See, conference web site. Location: Hilton Hotel, 815 14th St., NW.

10:00 AM. The House Commerce Committee (HCC) will meet to conclude its mark up several bills, including HR 3670 [LOC | WW], the "Anti-Spoofing Act of 2013", HR 5161 [LOC | WW], the "E-LABEL Act", and HR 1575 [LOC | WW], the "Kelsey Smith Act". This meeting is for amendments, debate, and votes. Webcast. See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee (SHSGAC) will hold a business meeting. The agenda includes consideration of S 2664 [LOC | WW], the "Integrated Public Alert and Warning System Authorization Act of 2014". See also, HR 3283 [LOC | WW], an IPAWs bill pending in the House. The House Homeland Security Committee (HHSC) approved it on April 30, 2014. Location: Room 342, Dirksen Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Cramming on Wireless Phone Bills: A Review of Consumer Protection Practices and Gaps". The witnesses will be __. Location: Room 253, Russell Building.

3:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property, and the Internet will hold a hearing titled "The U.S. Patent and Trademark Office: The America Invents Act and Beyond, Domestic and International Policy Goals". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

3:00 - 8:00 PM. The American Bar Association's (ABA) Section of International Law will host a program on the U.S. International Trade Commission (USITC) and its Section 337 intellectual property exclusion proceedings. The first panel will be comprised of USITC Commissioners. The deadline to submit questions for the Commissioners is July 23. The second panel is titled "Jurisdiction Under Section 337". The speakers will be Monty Fusco (Fish & Richardson), Barbara Murphy (Foster Murphy Altman & Nickel), Stephen Smith (Cooley), and Geoffrey Goodale (Trade Law Advisors). Section 337, which is codified at 19 U.S.C. § 1337, provides, in part, that "The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that ... infringe a valid and enforceable United States patent or a valid and enforceable United States copyright registered under title 17". This section empowers the USITC to issue exclusion orders. Refreshments and hors d'oeuvres will be served after the program. The price to attend is $25. No CLE credits. See, notice. Location: King & Spalding, Suite 200, 1700 Pennsylvania Ave., NW.

Thursday, July 31

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

Day three of a three day conference hosted by the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) titled "Update Conference on Export Controls and Policy". On July 31 at 9:00 AM there will be a panel titled "Encryption Controls and Information Security Session"; at 1:00 PM there will be a panel titled "Encryption Controls". See, conference web site. Location: Hilton Hotel, 815 14th St., NW.

9:30 AM - 5:00 PM. The DC Bar Association will host a program titled "Cybersleuth’s Guide to Effective Internet Research Strategies for Lawyers". The speakers will be Carole Levitt and Mark Rosch (both of Internet For Lawyers). The price to attend ranges from $169 to $219. 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.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes __. Webcast. See, notice. Location: Room 226, Dirksen Building.

12:00 NOON - 1:00 PM. The National Nanotechnology Coordination Office (NNCO) will host a webcast event to discuss its "Progress Review on the Coordinated Implementation of the National Nanotechnology Initiative (NNI) 2011 Environmental, Health, and Safety Research Strategy". See, notice in the Federal Register, Vol. 79, No. 140, July 22, 2014 at Pages 42559-42560.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "From Big Data to Cloud Computing: How IT is Creating a New Era of Disruptive Innovation". The speakers will be Robert Atkinson (ITIF), Daniel Castro (ITIF), Larry Downes (Tech Freedom), David Moschella (CSC), Malcolm Frank (Cognizant), Ben Pring (Cognizant), and Paul Roehrig (Cognizant). See, notice. Location: ITIF/ITIC, Suite 610, 1101 K St., NW.

12:15 - 2:00 PM. The Tech Freedom (TF) will host a panel discussion titled "First Apple, Now Amazon: Where is the FTC Heading on Digital Consumer Protection?" The keynote speaker will be Joshua Wright (FTC Commissioner). The panel speakers will be __. Free. Open to the public. Webcast. Lunch will be served from 11:45 AM to 12:15 PM. See, TF notice. See also, the FTC's July 10, 2014 complaint in FTC v. Amazon (USDC/WDWash, D.C. No. 2:14-cv-01038). Location: Woolly Mammoth Theatre Company, Rehearsal Hall, 641 D St., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "A Whole New World at the ITC: Jurisdiction over Electronic Transmissions". The speakers will be Elizabeth Winston, Charles Duan, and John Thorne. See, April 10, 2014 opinion [174 pages in PDF] of the U.S. International Trade Commission (USITC) in In the Matter of Certain Digital Models, Inv. No. 337-TA-833. Prices vary. CLE credits. See also, ABA notice.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice in the Federal Register (FR) requesting comments regarding the Supreme Court's June 19, 2014 opinion in CLS Bank v. Alice Corporation, and its June 25, 2014 memorandum to its patent examining corps that contains preliminary examination instructions. See, FR, Vol. 79, No. 125, June 30, 2014, at Page 36786, and story titled "Supreme Court Rules on Patent Ineligibility of Computer Implemented Ideas" in TLJ Daily E-Mail Alert No. 2,668, June 19, 2014.

Friday, August 1

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

8:30 AM. The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) is scheduled to release its July 2014 employment data.

8:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC) will meet on site and via teleconference. The agenda includes a "Deemed export exemption proposal", "Space security", "Unmanned Aerial Vehicles", "Text mining", "Additive manufacturing", "Semiconductor Process Design Kits", and other topics. Open to the public. See, notice in the Federal Register, Vol. 79, No. 132, July 10, 2014, at Page 39366. Location: Room 6087B, DOC, Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding wireless broadband services in the 3550-3650 MHz band.. The FCC adopted and released this item on April 23, 2014. It is FCC 14-49 in 12-354. See, notice in the Federal Register, Vol. 79, No. 105, June 2, 2014, at Pages 31247-31282. See also, story titled "FCC Adopts NPRM Regarding 3550-3650 MHz Band" in TLJ Daily E-Mail Alert No. 2,645, April 23, 2014.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its second draft of NIST IR 7924 [94 pages in PDF] titled "Reference Certificate Policy".

Deadline to register to attend, and to submit comments in advance of, the Department of the Air Force's Global Positioning System Directorate (GPSD) August 22, 2014 event in El Segundo, California titled "2014 Public Open Forum". See, notice in the Federal Register, Vol. 79, No. 131, July 9, 2014, at Pages 38857-38858.

Monday, August 4

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Halo Electronics v. Pulse Electronics, App. Ct. No. 13-1472, an appeal from the U.S. District Court (DNev), D.C. No. 2:07-cv-00331, in a case involving surface mount technology. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in T.M. Patents v. Cisco Systems, App. Ct. No. 14-1161, an appeal from the U.S. District Court (DMass), D.C. No. 12-11418-WGY, in a case involving transmitting computer messages across a processor network using wormhole routing, which is also known as cut through routing and cut through switching. See, November 13, 2013 Opinion and Order. Panel A. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Malico v. LSI Logic, App. Ct. No. 13-1680, an appeal from the U.S. District Court (NDCal), D.C. No. 5:11-cv-04537-HRL. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding its quadrennial review of its broadcast ownership rules, and the FCC's Report and Order (FCC 07-217), sometimes referred to as the diversity order, which the U.S. Court of Appeals (3rdCir) remanded in its July 7, 2011 opinion in Prometheus Radio Project v. FCC. The FCC adopted this FNPRM on March 31, 2014, and released it on April 15, 2014. It is FCC 14-28 in MB Docket Nos. 14-50, 09-182, 07-294, and 04-256. See, notice in the Federal Register, Vol. 79, No. 97, May 20, 2014, at Pages 29009-29064. See also, story titled "3rd Circuit Issues Opinion Regarding FCC Regulation of Media Ownership" in TLJ Daily E-Mail Alert No. 2,256, July 12, 2011.