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Tuesday, February 24, 2015, Alert No. 2,715.
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House Commerce Committee Holds Hearing on FCC's Forthcoming BIAS Order

2/25. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "The Uncertain Future of the Internet".

The hearing focused on the Federal Communications Commission's (FCC) forthcoming Report and Order on Remand, Declaratory Ruling, and Order reclassifying broadband internet access service (BIAS) as a Title II telecommunications service, and creating a regulatory regime for internet interconnection. The FCC is scheduled to meet at 10:30 AM on Thursday, February 26, 2015 to adopt this order. (It has changed the start time twice.)

The FCC has not released the text of the order. Neither FCC Chairman Tom Wheeler, nor anyone else at the FCC, testified at the hearing.

Rep. Greg Walden (R-OR) wrote in his opening statement, which he read at the hearing, that the FCC order "may be the salvation of edge providers that fear speculative ISP practices or the beginning of regulation of all platform providers wherever they sit on the Internet. We just don’t know and it doesn’t have to be this." He complained about the FCC's lack of transparency.

He also stated that the HCC will not mark up proposed legislation until after it reviews the text of the FCC's order. The FCC has not yet released its order.

Rep. Marsha Blackburn (R-TN) stated that the FCC is not broken, and does not need the FCC's help.

Rep. Frank Pallone (D-NJ), the ranking Democrat on the HCC, praised the forthcoming order. He expressed support for enacting the content of the FCC's forthcoming order into statute. He also questioned the need for this hearing.

Rep. Anna Eshoo (D-CA), the ranking Democrat on the SCT, Rep. Doris Matsui (D-CA), and some other Democrats also praised the FCC's forthcoming order.

The witnesses were former Rep. Rick Boucher (D-VA) (Internet Innovation Alliance), Robert Atkinson (Information Technology and Innovation Foundation), Larry Downes (Georgetown Center for Business and Public Policy), and Gene Kimmelman (Public Knowledge).

Three witnesses expressed criticism of the FCC's forthcoming order. One (Kimmelman) defending it.

Rep. Rick BoucherBoucher (at right), who is a former member of the HCC, and Chairman of its SCT, stated in his prepared testimony that the FCC's order will lead to years of litigation. Moreover, "it is probable that an FCC with a Republican majority would, as an early order of business, undertake a reversal of the reclassification order that will be approved tomorrow".

He said that instead the HCC should "develop a narrow bipartisan legislative measure that gives statutory permanence and an a sured legal foundation to network neutrality".

Atkinson stated in his prepared testimony that "Not only is Title II overly broad, it also introduces significant uncertainty into the system. It is unclear how courts will view this unprecedented move, it is unclear how future Commissions will treat this authority, and it is unclear how these changes will affect innovation in the throughout the entire network. Reclassification risks untold unintended consequences, including higher network costs, reduced network performance, and reduced network investment."

During the questions and answers portion of the hearing, Atkinson said that "network neutrality argument for some groups", but not the Silicon Valley industry groups, "has been a stalking horse for going back to a network that is highly regulated ... they want cities or governments to be running these networks".

Downes stated in his prepared testimony that "Chairman Wheeler’s flip-flop, at the urging of the White House, from pursuing basic Open Internet rules to what now appears a full-force effort to transform broadband into a public utility, threatens to end nearly twenty years of bi-partisan policy favoring “light touch” regulation for the Internet, perhaps the most successful approach to regulating an emerging technology in history."

Kimmelman praised the forthcoming order, and especially its reclasification of BIAS, in his prepared testimony.

He also praised FCC Chairman Tom Wheeler, and urged the HCC to "sit back".

See also, HCC web page for this hearing, including archived video.

Sen. Grassley Addresses Skilled Tech Worker Visas

2/24. Sen. Charles Grassley (R-IA) gave a speech regarding H1B visas. He criticized the current H1B regime as unfair to American workers, and outlined what should be in H1B reform legislation, or other bills pertaining to visas for skilled tech workers.

Sen. Grassley is the Chairman of the Senate Judiciary Committee (SJC) which has jurisdiction over immigration legislation, including those that pertain to H1B visas.

He said that "So I am putting my colleagues on notice that I am committed to this effort. As chairman of the Judiciary Committee, I don't intend on allowing legislation to move through this body without reforms to the H-1B program that protect American workers."

The House and Senate may again consider STEM visas legislation in this Congress.

Authority to grant H1B visas is codified in the Immigration and Nationality Act, at 8 USC § 1101(a)(15)(H)(i)(b).

Sen. Charles GrassleySen. Grassley (at right) explained that "Under the terms of the H-1B program, U.S. employers may import into the United States each year up to 65,000 so-called specialty occupation workers. The jobs being filled must be a job for which a bachelor's degree is necessary. Even though the annual cap is 65,000, the actual number of foreign workers being imported is much more because of numerous exemptions. In fiscal year 2012, for example, U.S. Citizenship and Immigration Services approved a total of 262,569 H-1B petitions ..." See, Congressional Record, February 24, 2015, at Pages S1083-4.

He continued that "About 60 percent of H-1B workers come to fill computer-related occupations. Every year the list of the top 10 H-1B employers is dominated by foreign-based companies offering information technology or IT consulting services to the clients."

He complained that under the current statute, "not all employers are required to prove to the Department of Labor that they tried to find an American to fill the job first."

He said that "overseas companies" are " bringing workers in here for an American company to employ, and then in turn these jobs are going to be shipped overseas".

For example, he said that "Last August, Southern California Edison started laying off 400 American workers from its IT department. The company replaced them with foreign H-1B workers. ... Edison's cynical defense is built upon a very shameless exploitation of a loophole in the H-1B laws. That loophole says that technically Edison isn't the H-1B workers' employer; the two foreign consulting companies are. The H-1B workers are just contracted out for extended, potentially multiyear periods from the foreign consulting companies to the American company, Edison."

He said that "Any proposal to reform the H-1B program must include substantially increased protections for U.S. workers such as I have proposed many times in the past. These protections must at a minimum include the requirement that companies first recruit here at home before they import more foreign workers. We also need to reform the H-1B wage requirements so that U.S. workers' wages would no longer be undercut by H-1B workers' wages. There also needs to be more oversight of the program, including random audits of those who use the program."

The DHS's U.S. Citizenship and Immigration Services (USCIS) issues H1B visas. Sen. Grassley did not address the inability of the USCIS to effectively implement the statute, and the issuance of visas to unqualified aliens.

Sen. Grassley said that "there is a lot of fanfare and a lot of talk about a high-skilled bill that has been reintroduced in the Senate that would increase the annual number of H-1B visas. The sponsors of the bill claim it will ``boost our competitiveness in the global economy.´´ This bill only makes the problems worse. It doesn't plug the loopholes. It doesn't make sure American workers are put before foreign workers. It doesn't ensure that employers don't use the program to pay cheaper wages, which then in turn disadvantages U.S. workers."

On January 7, 2015, Sen. David Vitter (R-LA) introduced S 98 [LOC | WW], the "STEM Visas Act of 2015". On February 20, 2015, Rep. Lamar Smith (R-TX) introduced HR 1020 [LOC | WW], the "STEM Visas Act of 2015".

There were also STEM visa bills in the 113th Congress. None were enacted into law.

There exists evidence of support in the House for legislation that would address the interests of U.S. technology companies in employing highly skilled aliens.

On November 30, 2012, the House passed HR 6429 [LOC | WW], the "STEM Jobs Act of 2012", by a vote of 245-139. See, story titled "House Passes STEM Visas Bill" in TLJ Daily E-Mail Alert No. 2,480, December 1, 2012. That bill would have enabled aliens who obtain advanced degrees in STEM fields from US universities to obtain visas, and therefore remain in the US, and contribute to innovation and economic development. See also, story titled "STEM Visa Bills Update" in TLJ Daily E-Mail Alert No. 2,451, September 19, 2012.

However, President Obama's support is lacking. Two days before the House voted on HR 6429, the Executive Office of the President (EOP) released a statement announcing that "the Administration opposes House passage of H.R. 6429". See also, story titled "Obama Opposes STEM Visas Bill" in TLJ Daily E-Mail Alert No. 2,478, November 29, 2012.

The Senate under Democratic leadership in the 112th and 113th Congresses did not pass a STEM visas bill.

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In This Issue
This issue contains the following items:
 • House Commerce Committee Holds Hearing on FCC's Forthcoming BIAS Order
 • Sen. Grassley Addresses Skilled Tech Worker Visas
Washington Tech Calendar
New items are highlighted in red.
Wednesday, February 25

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House will complete its consideration of HR 734 [LOC | WW], the "Federal Communications Commission Consolidated Reporting Act of 2015". It will begin its consideration of HR 5 [LOC | WW], the "Student Success Act". See, February 18 Rules Committee Print [625 pages in PDF] of HR 5. See, Rep. McCarthy's schedule.

The Senate will meet at 11:00 AM. It will resume consideration of the motion to proceed to HR 240 [LOC | WW], the DHS appropriations bill.

Day two of a two day conference hosted by the New America Foundation (NAF) titled "The Future of War". At 12:30 PM, there will be a panel titled "The Next Generation of Cyberwar". The speakers will be Peter Singer (NAF) and Zane Markel (Midshipman, U.S. Naval Academy). At 4:30 PM, Sen. John McCain (R-AZ), Chairman of the Senate Armed Services Committee, will speak. See, notice. Location: Ronald Reagan Building and International Trade Center, Pavilion Room, 1300 Pennsylvania Ave., NW.

TIME CHANGE. 10:00 AM. 11:30 AM. The House Homeland Security Committee will hold a hearing titled "The Administration’s Cybersecurity Legislative Proposal on Information Sharing". The witnesses will be Suzanne Spaulding (DHS/NPPD), __. See, notice. Location: Room 311, Cannon Building.

10:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing on undisclosed matters. It is titled "Worldwide Threats". No webcast. See, notice. Location: Room HVC-304, Capitol Building.

10:00 AM. The House Financial Services Committee (HFSC) will hold a hearing titled "Monetary Policy and the State of the Economy". The witness will be Janet Yellen (FRB Chairman). See, notice. Location: HVC-210, Capitol Building.

10:00 AM. The House Science Committee (HSC) will hold a hearing on the FY16 budget proposal for the Department of Energy (DOE). The witness will be Ernest Moniz (Secretary of Energy). Webcast. See, notice. Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Preserving the Multistakeholder Model of Internet Governance". The witnesses will be Fadi Chehadé (CEO of ICANN), David Gross (Wiley Rein), and Lawrence Strickling (head of the NTIA). Webcast. Location: Room 253, Russell Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "Congress and U.S. Tariff Policy". The witnesses will be __. Webcast. See, notice. Location: Room 215, Dirksen Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "The Uncertain Future of the Internet". The witnesses will be Robert Atkinson (Information Technology and Innovation Foundation), Rick Boucher (Internet Innovation Alliance), Larry Downes (Georgetown Center for Business and Public Policy), and Gene Kimmelman (Public Knowledge). Webcast. See, notice. Location: Room 2322, Rayburn Building.

10:30 AM. The House Appropriations Committee's Subcommittee on Commerce, Justice, Science, and Related Agencies will hold an oversight hearing on the Department of Commerce (DOC), Department of Justice (DOJ), and NASA. The witnesses will be the relevant Inspectors General. See, notice. Location: Room H-309, Capitol Building.

12:00 PM. The Federalist Society’s Telecommunications & Media Practice Group will host a panel discussion titled "The Future of Media -- Is Government Regulation In Today's Media Landscape Over The Top?". The speakers will be Joshua Wright (FTC Commissioner), Patricia Paoletta (Harris Wiltshire & Grannis), Jeff Blum (DISH Network), Rick Kaplan (National Association of Broadcasters), Barry Ohlson (Cox Enterprises), and Ryan Radia (Competitive Enterprise Institute). Lunch will be served at 12:00 NOON. The program will begin at 12:30 PM. Free. See, notice. Location: George Washington University Law School, Jacob Burns Moot Court Room, 2000 H St., NW.

1:00 - 2:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Engineers’ View of Network Management, Specialized Services, and Net Neutrality". The speakers will be Doug Brake (ITIF), Charles Jackson (George Washington University), Jon Peha, and ___. Free. Open to the public. Live and archived webcast. See, notice. Location: ITIF/ITIC, Suite 610, 1101 K St., NW.

2:00 PM. The Ball State University's (BSU) Digital Policy Institute (DPI) will host a webcast panel discussion titled "Preemption, Policy and Politics". The speakers will be Russ Hanser (Wilkinson Barker Knauer), Michael Santorelli (New York Law School), Larry Spiwak (Phoenix Center for Advanced Legal & Economic Public Policy Studies), and Barry Umansky (Ball State University). Free. Open to the public. No CLE credits. See, notice and registration page.

2:15 - 3:45 PM. The Brookings Institution (BI) will host a panel discussion titled "European Financial Regulation and Transatlantic Collaboration". See, notice. Location: BI, 1775 Massachusetts Ave., NW.

Thursday, February 26

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It will complete its consideration of HR 5 [LOC | WW], the "Student Success Act". See, February 18 Rules Committee Print [625 pages in PDF] of HR 5. It will also consider S 227 [LOC | WW], the "Strengthening Education through Research Act", under suspension of the rules. See, Rep. McCarthy's schedule.

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

9:30 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nominations of Michelle Lee (to be head of the USPTO) and Loretta Lynch (to be Attorney General). The agenda also includes consideration of four nominees for the U.S. District Court: Alfred Bennett (USDC/SDTex), George Hanks (USDC/SDTex), Jose Olvera (USDC/SDTex), and Jill Parrish (USDC/DUtah). The agenda also includes consideration of five nominees for the Court of Federal Claims: Nancy Firestone, Thomas Halkowski, Patricia McCarthy, Jeri Somers, and Armando Bonilla. The agenda also includes consideration of S 178 [LOC | WW], the "Justice for Victims of Trafficking Act of 2015", and S 166 [LOC | WW], the "Stop Exploitation Through Trafficking Act of 2015". Live and archived webcast. See, notice. Location: Room 226, Dirksen Building.

10:30 AM. The Federal Communications Commission (FCC) will host an event titled "Open Commission Meeting". The tentative agenda includes adoption of the FCC's Report and Order on Remand, Declaratory Ruling, and Order reclassifying broadband internet access service (BIAS) as a Title II telecommunications service, and creating a regulatory regime for internet interconnection. Open to the public. Webcast. Location: FCC, Commission Meeting Room, 445 12th St., SW.

10:00 AM. The House Science Committee's (HSC) Subcommittee on Research and Technology will hold a hearing on the FY16 budget proposals for the National Science Foundation (NSF) and National Institute of Standards and Technology (NIST). The witnesses will be France Cordova (Director of the NSF), Daniel Arvizu (Chariman of the National Science Board), and Willie May (acting Director of the NIST). Webcast. See, notice. Location: Room 2318, Rayburn Building.

10:00 AM - 1:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Asia and the Pacific will hold a hearing titled "Across the Other Pond: U.S. Opportunities and Challenges in the Asia Pacific". See, notice. Location: Room 2172, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will meet in executive session to consider numerous bill and nominations. The agenda includes consideration of S 253 [LOC | WW], the "Federal Communications Commission Consolidated Reporting Act". Webcast. Location: Room 253, Russell Building.

10:15 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing and Trade will hold a hearing titled "Update: Patent Demand Letter Practices and Solutions". The witnesses will be Paul Gugliuzza (Boston University School of Law), Vince Malta (National Association of Realtors), Vera Ranieri (Electronic Frontier Foundation), and Laurie Self (Qualcomm). Webcast. See, notice. Location: Room 2322, Rayburn Building.

10:30 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Commerce, Justice, Science, and Related Agencies will hold a hearing on the FY16 budget for the Department of Commerce (DOC). The witness will be Penny Pritzger (Secretary of Commerce). See, notice. Location: Room 192, Dirksen Building.

1:30 PM. The House Judiciary Committee (HJC) will hold a hearing titled "The U.S. Copyright Office: Its Functions and Resources". The witnesses will be Keith Kupferschmid (Software & Information Industry Association), Lisa Dunner (on behalf of the American Bar Association Nancy Mertzel (on behalf of the American Intellectual Property Law Association), and Bob Brauneis (George Washington University Law School). Webcast. See, notice. Location: Room 2141, Rayburn Building.

1:30 PM. The House Appropriations Committee's Subcommittee on the Legislative Branch will hold a hearing on the budget for the Library of Congress (LOC) and Architect of the Capitol. The witnesses will include James Billington. See, notice. Location: Room HT-2, Capitol Building.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters. No webcast. See, notice. Location: Room 219, Hart Building.

Deadline to submit oppositions to the Petitions for Reconsideration (PR) of the FCC's January 30, 2015 report in its proceeding regarding the 600 MHz broadcast television incentive auction (GN Docket No. 12-268 and ET Docket Nos. 13-26 and 14-14) which makes determinations regarding establishing its inter-service interference methodology and associated protection standards for any television stations and new 600 MHz Band wireless licensees. See, National Association of Broadcasters' (NAB) PR and Sprint's PR. See also, notice in the Federal Register, Vol. 80, No. 28, February 11, 2015, at Page 7562.

Friday, February 27

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

Supreme Court conference day. See, 2014-2015 calendar. Closed to the public.

9:00 AM - 4:00 PM. The Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 222, Inmarsat AMS(R)S, will meet, both on site, and by teleconference. The agenda includes consideration of (1) the draft Change 4 to DO-210D, (2) a work plan to progress development of Iridium NEXT material for DO-343, and (3) a work plan to progress cooperation with Eurocae WG-82. Free. Open to the public. The dial in information is in the notice in the Federal Register, Vol. 80, No. 23, February 4, 2015, at Page 6158. Location: RTCA, Suite 910, 1150 18th St., NW.

9:00 AM - 12:00 NOON. The Brookings Institution (BI) will host an event titled "China's Security and Foreign Policies: Comparing American and Japanese Perspectives". See, notice. Location: BI, 1775 Massachusetts Ave., NW.

11:00 AM - 1:30 PM. The Tech Freedom will host an event titled "Fireside Chat with FCC Commissioners Ajit Pai and Mike O’Rielly". The topic will be the Federal Communications Commission's (FCC) February 26 Report and Order on Remand, Declaratory Ruling, and Order reclassifying broadband internet access service (BIAS) as a Title II telecommunications service, and creating a regulatory regime for internet interconnection. Free. Open to the pubic. Lunch will be served. Webcast. No CLE credits. No fireplace. See, notice. Location: Reserve Officers Association, Ballroom, 1 Constitution Ave., NE.

1:30 PM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution and Civil Justice will hold a hearing titled "The State of Class Action Ten Years after the Enactment of the Class Action Fairness Act". The witnesses will be Andrew Pincus (Mayer Brown), John Sweeney (DRI Voice of the Defense Bar), Patricia Moore (St. Thomas University School of Law), and Jessica Miller (Skadden Arps). Webcast. See, notice. Location: Room 2141, Rayburn Building.

Deadline for businesses with fewer that 1,500 employees to comply with the administrative subpoena, directed at all providers of special access service, to produce of special access data. The Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) issued this Public Notice (PN) and attached subpoena on January 16, 2015. It is DA 15-66 in Docket No. WC Docket No. 05-25. See also, notice in the Federal Register, Vol. 80, No. 29, February 12, 2015, at Pages 7865-7866.

Deadline to submit to the Government Accountability Office (GAO) nominations for membership on the Health Information Technology Policy Committee. See, notice in the Federal Register, Vol. 80, No. 22, February 3, 2015, at Page 5759.

Sunday, March 1

EXTENDED TO MARCH 13. Deadline to submit applications to the Department of Commerce's (DOC) International Trade Administration (ITA) to participate in the Cyber Security Business Development Mission to Poland and Romania scheduled for May 11-15, 2015. See, original notice in the Federal Register (FR), Vol. 79, No. 189, September 30, 2014, at Pages 58746-58749, and extension notice in the FR, Vol. 80, No. 32, February 18, 2015, at Pages 8607-8608, February 18, 2015.

Monday, March 2

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Allvoice Developments v. Microsoft, App. Ct. No. 14-1258. This is an appeal from the U.S. District Court (WDWash) in a patent infringement case involving speech recognition technology. See, December 23, 2013 order. Panel A. This case is the third of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in SynQor v. Artesyn Technologies, App. Ct. No. 14-1459. This is an appeal from the U.S. District Court (EDTex) in a patent infringement case involving power converter systems used to power circuitry in large computer systems and telecommunication and data communication equipment. Panel B. This is the second of four cases on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Mayfair Wireless v. Cellco Partnership, App. Ct. No. 14-1587. This is an appeal from the U.S. District Court (DDel) in a patent infringement case. Panel B. This case is the third of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Fuzzysharp Technologies v. Intel, App. Ct. No. 14-1261. This is an appeal from the U.S. District Court (NDCal) in a patent infringement case. Panel B. This case is the fourth of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Medtrica Solutions v. Steris, App. Ct. No. 14-1400. This is an appeal from the U.S. District Court (WDWash) in a patent infringement case. The patent in suit is not ICT related. However, there is a post Octane Fitness attorneys fees issue. Panel C. This is the second of four cases on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Gametek v. Zynga, App. Ct. No. 14-1620. Panel E. This case is the second of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in eTAGZ v. Flambeau, App. Ct. No. 14-1285, an appeal from the U.S. District Court (DUtah). Panel E. This case is the third of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

2:00 - 2:45 PM. The American Enterprise Institute (AEI) will host an event titled "The Path Ahead for US Internet Policy: A Conversation with Representative Greg Walden". Free. Open to the public. Live and archived webcast. See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

4:00 PM. The House Judiciary Committee's (HJC) Subcommittee on the Regulatory Reform, Commercial and Antitrust Law will hold a hearing three bills: HR 348 [LOC | WW], the "Responsibly And Professionally Invigorating Development Act of 2015", or "RAPID Act"; HR 712 [LOC | WW], the "Sunshine for Regulatory Decrees and Settlements Act of 2015"; and HR __, a yet to be introduced bill titled the "Searching for and Cutting Regulations that are Unnecessarily Burdensome Act of 2015", or "SCRUB Act". The RAPID Act, which would amend the National Environmental Policy Act (NEPA), is primarily directed at regulation of the oil and gas industry, but may also impact bird based regulation of communications. This is a reintroduction. See, HR 2641 [LOC | WW] (113th Congress) and HR 4377 [LOC | WW] (112th Congress). The witnesses will be __. Webcast. See, notice. Location: Room 2141, Rayburn Building.

Deadline to submit comments to the Securities and Exchange Commission's (SEC) Advisory Committee on Small and Emerging Companies in advance of its March 4, 2015 meeting to discuss "rules and regulations affecting small and emerging companies under the federal securities laws". See, notice in the Federal Register, Vol. 80, No. 31, February 17, 2015, at Pages 8374-8375.

Tuesday, March 3

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Automated Merchandising v. Lee, App. Ct. No. 14-1728. This is an appeal from the U.S. District Court (EDVa). Panel D. This cased is the third of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Sealant Systems International v. TEK Global, App. Ct. No. 14-1405, an appeal from the U.S. District Court (NDCal) in a patent infringement case. The patent in suit is not ICT related. However, the District court granted injunctive relief to a patent owner who is not practicing or licensing the patent in suit. See, the Supreme Court's 2006 opinion in eBay v. MercExchange. Panel F. This case is the second of two on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 1:00 PM. The Proskauer law firm will host a webcast seminar titled "Managing the Risk of Cyber Liabilities and Operations Disruption: Responsibilities of the Board of Directors". The speakers will be Margaret Dale, John Failla, Steven Gilford, and Kristen Mathews (all of Proskauer). CLE credits.

12:30 - 2:00 PM. The American Intellectual Property Law Association (AIPLA) will host a webcast panel discussion titled "Best Practices to Secure Allowance of Patent Application Claims Using Evidence". The speakers will be Courtenay Brinckerhoff (Foley & Lardner), Mary Till (USPTO), and Anthony Son (Andrews Kurth). CLE credits. The price ranges from $95 to $135. See, notice.

2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "Understanding the Cyber Threat and Implications for the 21st Century Economy". The witnesses will be __. Webcast. See, notice. Location: Room 2322, Rayburn Building.

Wednesday, March 4

8:45 AM - 12:30 PM. The Brookings Institution (BI) will host an event titled "Can Forces Align to Use Health IT to Improve Care and Lower Costs?". Free. Open to the public. Webcast. See, notice. Location: BI, 1775 Massachusetts Ave., NW.

9:30 AM. The Securities and Exchange Commission's (SEC) Advisory Committee on Small and Emerging Companies will meet to discuss "rules and regulations affecting small and emerging companies under the federal securities laws". See, notice in the Federal Register, Vol. 80, No. 31, February 17, 2015, at Pages 8374-8375. Location: SEC, Multi-Purpose Room LL-006, 100 F St., NE.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Board of Trustees v. Micron Technology, App. Ct. Nos. 14-1509, 14-1509 and 14-1509. This is an appeal from the USPTO. Panel G. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Apple v. Samsung Electronics, App. Ct. No. 14-1802. Panel G. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Barron v. SCVNGR, App. Ct. No. 14-1708, an appeal from the U.S. District Court (DMass) in a patent infringement case involving U.S. Patent No. 7,499,873 titled "Communication Through a Financial Services Network". See, July 7, 2014 summary judgment memorandum. This case is the third or four on the schedule. Panel I. This case is the third of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Reauthorization of the Federal Communications Commission: The FCC’s FY 2016 Budget Request". The witness will be Jon Wilkins (FCC). Webcast. See, notice. Location: Room 2322, Rayburn Building.

12:00 NOON - 2:15 PM. The New America Foundation (NAF) will host a panel discussion titled "Will Technology Put an End to Disability?". The speakers will be Jennifer French, Larry Jasinksi, Will Oremus, Gregor Wolbring, Julia Bascom, Teresa Burke, and Lawrence Long. Free. Open to the public. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

12:30 - 1:30 PM. The American Intellectual Property Law Association (AIPLA) will host a webcast panel discussion titled "Look out! The States Are Watching Your Patent Demand Letters!". The speakers will be Sharon Israel (Mayer Brown), Dennis Skarvan (Caterpillar), Erik Jones (Illinois Attorney General's Office), and Vince Garlock (AIPLA). No CLE credits. Prices vary. See, notice.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies will hold a hearing titled "Industry Perspectives on the President’s Cybersecurity Information Sharing Proposal". The witnesses will be __. See, notice. Location: Room 311, Cannon Building.

6:00 - 9:15 PM. The DC Bar Association will host a program titled "Introduction to Export Controls". The speakers will be Carol Kalinoski and Thomas Scott (Ladner & Associates). The price to attend ranges from $89 to $129. 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.