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Tuesday, May 26, 2015, Alert No. 2,730.
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Senate Passes Trade Promotion Authority Bill

5/22. The Senate amended and passed HR 1314 [LOC | WW], a bill that would give the President trade promotion authority (TPA), by a vote of 62-37. See, Roll Call No. 193. The House has yet to pass this or another TPA bill.

TPA, which is also know as fast track, would give the President authority to negotiate trade agreements which the Congress can then approve or reject, but not amend.

TPA strengthens the bargaining position of the President, and the Office of the U.S. Trade Representative (OUSTR), in trade negotiations with other nations.

President Obama has not attempted to negotiate any bilateral free trade agreements (FTAs). Promoting free trade has not been a priority of the Obama administration.

However, the U.S. is a party to the multilateral Trans Pacific Partnership Agreement (TPPA) negotiations, which began a decade ago during the Bush administration, and is now nearly completion. The prospective agreement contains significant provisions regarding copyright, patent, e-commerce, telecommunications, and market access provisions. See, the OUSTR's web section for TPPA.

The parties are Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United States, and Vietnam. The People's Republic of China (PRC) is not a party.

There is also the newer matter of negotiations titled "Transatlantic Trade and Investment Partnership" or TTIP.

The Senate passed bill would provide TPA through July 1, 2018. President Obama leaves office in January of 2017. A year and one half is not enough time for next President to commence, conduct and conclude a new FTA.

The bill also provides that this TPA can be extended through July 1, 2021, if the next President seeks an extension, and "neither House of Congress adopts an extension disapproval resolution".

The bill sets trade negotiations objectives. The bill provides for notices to, and consultation with, the Congress.

The bill also provides for the extension of Trade Adjustment Assistance (TAA). Supporters of TAA describe it as a set of programs that ameliorate the adverse impact of free trade on certain sectors. Critics describe it as ineffective and wasteful welfare.

The Senate rejected on a  vote of 48-51 an amendment that would have that would have made it a principal negotiating principal of the U.S. to establish strong and enforceable rules against exchange rate manipulation. It also rejected on a vote of 47-52 an amendment that would have required Congressional approval for more countries to join the TPPA. It also rejected an amendment that would have removed the TAA provisions from the bill.

Republicans voted 48-5 on final passage. The Republican Senators who voted no on final passage were Sen. Susan Collins (R-ME), Sen. Mike Lee (R-UT), Sen. Rand Paul (R-KY), Sen. Jeff Sessions (R-AL), and Sen. Richard Shelby (R-AL).

Sen. Mike Enzi (R-WY) missed the votes on May 22.

Democrats voted 13-33. The Democratic Senators who voted yes on final passage were Sen. Michael Bennet (D-CO), Sen. Maria Cantwell (D-WA), Sen. Ben Cardin (D-MD), Sen. Tom Carper (D-DE), Sen. Dianne Feinstein (D-CA), Sen. Heidi Heitkamp (D-ND), Sen. Tim Kaine (D-VA), Sen. Claire McCaskill (D-MO), Sen. Patty Murray (D-WA), Sen. Bill Nelson (D-FL), Sen. Jeanne Shaheen (D-NH), Sen. Mark Warner (D-VA), and Sen. Ron Wyden (D-OR).

There are 54 Republican Senators and 46 Democratic Senators. Actually, two call themselves independents, but caucus with the Democrats (King and Sanders).

See also, related stories in this issue titled "TPA, Free Trade and Technology" and "Prospects for House Passage of a TPA Bill".

TPA, Free Trade and Technology

5/22. Businesses  that export IT equipment, software, or services, businesses that provide online platforms, businesses that rely upon the internet for distribution physical and digital goods, and businesses that depend upon the free flow of information and data across national boundaries, all stand to benefit from free trade agreements (FTAs).

These businesses (and their investors, workers, and suppliers) would benefit from removal of tariff barriers, better access to foreign markets, and enhanced protection abroad of their patents, copyrights, trade secrets, and trademarks. Hence, these business sectors, and the groups that represent them, tend to advocate passage of TPA bill.

Ed Black, head of the Computer and Communications Industry Association (CCIA), stated in a release that the Senate passed bill "provides U.S. trade negotiators the tools to promote digital commerce in the 21st century. TPA contemplates future trade agreement language that will break down barriers to Internet commerce, providing new protections for the cross-border provision of online services. The Senate makes clear that it expects trade negotiators to promote balanced intellectual property and strong intermediary liability limitations in future agreements. It also directs negotiators to continue to expand market access for U.S. tech products."

Black said too that "it is imperative that trade negotiators prioritize areas of importance to a growing sector -- the Internet economy".

Gary Shapiro, head of the Consumer Electronics Association (CEA), stated in a release that "This legislation provides a much needed, balanced package that takes into account the realities of the digital economy and Internet era." He said that "Americans thrive on trade and relish competition -- we are not isolationists. Free trade encourages innovation and opens new markets to American manufacturers. We now urge House members to swiftly pass TPA legislation".

Victoria Espinel, a former Assistant U.S. Trade Representative who is now head of the BSA Software Alliance, stated in a release that "The Senate passing TPA represents a huge win. By doing so, the Senate has reinforced America’s leadership on international trade, and the software industry's ability to operate globally. TPA is indispensable when it comes to ensuring we can continue to compete and grow, and help ensure the U.S. can stand up for American companies in the face of global threats to close markets".

The movie, music, video game and other creative sectors whose works are distributed and/or infringed by internet based technologies also support the negotiation of bilateral and multilateral free trade agreements that provide for the protection of copyrights and market access rights abroad. Hence, these sectors support TPA.

Former Sen. Chris Dodd (D-CT), who is now head of the Motion Picture Association of America (MPAA), stated in a release after Senate passage that the "American motion picture industry relies heavily on trade with foreign markets for economic growth that creates jobs here at home. Our industry supports 1.9 million American jobs, generating over 70% of theatrical revenue overseas and registering a positive services trade surplus of $13.4 billion."

Chris DoddDodd (at right) said that "Today's passage of TPA is an important step towards completing meaningful trade agreements like TPP that will allow our industry to continue this growth in some of the world’s largest and most important markets."

(When former Sen. Dodd represented the state of Connecticut as a Democrat, he voted against giving former President Bush TPA. See, May 23, 2002 Roll Call No. 130 and August 1, 2002, Roll Call No. 207.)

Copyright Protection and Fair Use. The creative sectors that depend upon copyright protection, and the technology sectors that rely upon fair use, both have interests in free trade, but have also sparred for years over just what should be the copyright related provisions of FTAs.

Former Rep. Susan Molinari (R-NY), who now works for Google, stated in a release that "digital exchanges", such as "YouTube, Facebook, Spotify, Twitter", have "become an increasingly important driver of the global economy. As a result, more open trade has the potential to give creators, online platforms and other businesses access to more consumers around the world. And Trade Promotion Authority -- which empowers U.S. officials to negotiate trade agreements subject to up or down votes in Congress -- presents an opportunity to modernize our trade strategy for the Internet era."

But, she continued, "While U.S. trade agreements have historically included copyright provisions to protect right holders, the Internet's success depends on both copyright protection and pro-innovation limitations and exceptions, such as fair use and safe harbors for online platforms. Without both, Internet platforms -- and the explosion of creativity and new distribution channels they have enabled -- would not be possible.

She wrote that Google favors a "balanced approach" in FTAs, without which "there is a very real risk that the Internet's most popular platforms -- like search engines, video sharing sites, and social networks -- could be hindered or even blocked in foreign markets on the basis of one-sided copyright principles".

Similarly, the CEA's Shapiro stated that "This and all future trade agreements must balance intellectual property rights and an open-and-fair flow of commerce".

Democrats, Unions, and TPA. While free trade is in the interests of a wide range of technology and tech dependent sectors, many of the legislators who represent states or districts that are home to many of owners and employees of these businesses vote against TPA bills.

For example, the members who represented the Silicon Valley area districts all voted against TPA in 2001. Ditto for the Hollywood area districts. Moreover, Rep. Anna Eshoo (D-CA), Rep. Zoe Lofgren (D-CA), and Rep. Mike Honda (D-CA) remain in the House.

However, this voting pattern exists because these districts elect Democrats, and the Democratic Party and its members in the House and Senate are particularly dependent upon, and supportive of, organized labor, which aggressively opposes free trade.

The Center for Responsive Politics (CRP), which studies Federal Election Commission (FEC) data, states that for the 2013-2014 federal election cycle, labor raised over $140 Million, and that about 89% of labor's contributions to candidates went to Democrats. See, CRP web page.

The AFL-CIO is particularly active in opposing free trade. It stated in a release on May 15 that unions and their "allies are escalating the grassroots campaign in opposition to fast track".

It elaborated that "Since March, union members and our allies have organized more than 550 events, including 84 in the past week, against fast track and thousands of workers have traveled to D.C. to rally and lobby Congress. Unions have also made 1.5 million phone calls to union members warning against fast track, generated 114,700 phone calls and nearly 12,000 handwritten letters to Members of Congress and gathered more than 40,000 petition signatures. Digital advertisements targeting 16 Senators and 36 Members of Congress have made more than 20.5 million impressions, 570,000 of which came from pre-roll ads voters watched during the House Recess."

Republican Representatives and Senators tend to be less affected, if at all, by the lobbying activities of the AFL-CIO.

Members of Congress are not unaware that in both the 2014 House and Senate elections the AFL-CIO spent heavily on independent expenditures, that 100% of its expenditures in favor of a candidate was for Democrats, and that 100% of its expenditures against candidates was for Republicans. See, CRP summary of AFL-CIO independent expenditures on House and Senate races. (Actually, the AFL-CIO spent a tiny fraction of 1% against a Democrat.)

Prospects for House Passage of a TPA Bill

5/22. The Senate amended and passed HR 1314 [LOC | WW], a bill that would give the President trade promotion authority (TPA), by a vote of 62-37. See, Roll Call No. 193. The House has yet to pass a TPA bill.

The House last approved a TPA bill in 2001 by a margin of just one vote. This article compares and contrasts House consideration of TPA in 2001 to the forthcoming House consideration a TPA bill, and analyzes numerous factors that either improve or detract from the prospects for passage of a TPA bill.

TPA Votes in 2001-2002. The Congress last passed a TPA bill in 2002. Former President Bush sought and lobbied hard for TPA. However, that authority expired in 2008. President Obama does not now have TPA. Until recently, he did little to seek it.

The vehicle for enactment of TPA in 2002 was HR 3009, the "Trade Act of 2002", which included TPA and several other trade related items. The Senate passed HR 3009 on May 23, 2002 by a vote of 66-30. See, Roll Call No. 130. It passed the conference report on HR 3009 on August 1, 2002 by a vote of 64-34. See, Roll Call No. 207. It became Public Law No. 107-210.

In contrast, passage was a close run thing in the House. The key vote was on HR 3005, the "Bipartisan Trade Promotion Authority Act of 2001", on December 7, 2001. Its text became one of the components of HR 3009.

The House passed HR 3005 by a vote of 215-214. Republicans voted 194-24, with 4 not voting. Democrats voted 21-190. See, Roll Call No. 481. See also, story titled "215 to 214" and related stories in TLJ Daily E-Mail Alert No. 323, December 7, 2001. (This data treats former Rep. Bernie Sanders as a Democrat, and former Rep. Virgil Goode as a Republican, even though both described themselves as independents at the time.)

Different Compositions of the House and Senate. Voting on TPA, and other trade issues, correlates with party affiliation. Republicans tend to vote to promote free trade. Democrats tend to oppose free trade measures.

While the Senate process for passing HR 1314 was long and contentious, support for TPA and free trade is strong in the Senate. The major obstacle, as in 2002, was obtaining the 60 votes necessary to cut off debate.

This bill faces a tougher challenge in the House. This derives from the circumstances that every state has two Senators, but House seats are allotted on the basis of population. Smaller population states, which have two Senators but few Representatives, are more likely to support free trade. This is because many of these states are more reliant upon free trade for their agricultural exports.

For example, the economies of the plains or prairie states of North Dakota, South Dakota, Nebraska, Kansas, and Oklahoma are reliant upon agricultural exports. All ten Senators from these five states voted for TPA on May 22. They make up ten percent of the Senate. However, the delegations from these states make up a much smaller percentage of the House of Representatives.

Consider also, the more populous states of New York, Pennsylvania, New Jersey and Massachusetts. 7 of the 8 Senators from these states voted against TPA. These states have large delegations in the House, which will mostly vote against TPA.

Other the other hand, proponents of TPA in the House do not need to produce a 60 percent majority to cut off debate.

Additional Factors that Weigh in Favor of or Against House Passage. First, Republicans have a larger majority in the current 114th Congress than they did back in 2001 in the 107th Congress. Since there is a high statistical correlation between party affiliation and voting on bill that promote free trade, this works in favor of House passage.

Second, Former President Bush backed TPA, and did much to win over wavering Republicans in 2001. President Obama is not likely to have any ability to win over wavering Republicans. This works against House passage now.

Third, on the other hand, President Bush won over few Democrats back in 2001. Only 21 Democrats voted for HR 3005. Those who voted yes did so because it was in the interests of many of their constituents, and because of the efforts of former Rep. Bill Thomas (R-CA), the then Chairman of the House Ways and Means Committee. In contrast, President Obama will likely persuade some House Democrats to vote for TPA. This works in favor of House passage.

Fourth, the politically organized labor unions have long been one of the leading sources of opposition to TPA, FTAs, and free trade generally. However, the long term trend is that union membership as a percentage of the workforce is declining. Hence, the Center for Responsive Politics (CRP) states in a web page that "The labor sector has experienced decreasing political power in recent years." This favors passage of a TPA.

Fifth, copyright is a more controversial trade issue now than it was in 2001-2002. Although, compared to other trade issues, this is not salient at the level of individual voters.

Sixth, there is less uncertainty now than there was in 2001 and 2002 regarding what FTAs might be considered under TPA. The one trade agreement that is very likely to considered under the rules of TPA, should this bill be enacted, is the Trans Pacific Partnership Agreement (TPPA). There are also Transatlantic Trade and Investment Partnership (TTIP) negotiations underway. However, President Obama's pursuit of FTAs goes no further. In contrast, former President Bush's free trade agenda was broader. Also, Doha round negotiations were launched the month before the House vote on TPA in 2001. Doha is now dead. This greater certainty regarding the consequences of granting TPA works in favor of House passage of a TPA bill now.

Japan. Finally, there is the matter of Japan's participation in TPPA negotiations. There was no FTA with Japan on the horizon in 2001-2002. There is now.

From the perspective of promoting free trade, and achieving the economic benefits that flow from free trade, this is a positive development. On the other hand, there are some Members of Congress who are particularly concerned about providing U.S. farmers and ranchers greater access to Japanese consumers. This had the potential to promote criticism of the TPPA, and indirectly, TPA.

However, Japan Prime Minister Shinzo Abe visited the U.S., and delivered a well received address to a joint session of Congress on April 29, that improved the prospects for passage of a TPA bill. See, Congressional Record, April 29, 2015, beginning at Page H2504. See also, video.

Prime Minister Shinzo AbePrime Minister Abe (at right) said that "Involving countries in Asia Pacific whose backgrounds vary, the U.S. and Japan must take the lead. We must take the lead to build a market that is fair, dynamic, sustainable, and is also free from the arbitrary intentions of any nation."

"In the Pacific market, we cannot overlook sweatshops or burdens on the environment, nor can we simply allow free riders on intellectual property. No. Instead, we can spread our shared values around the world and have them take root: the rule of law, democracy, and freedom. That is exactly what the TPP is all about."

He continued that "the TPP goes far beyond just economic benefits. It is also about our security. Long term, its strategic value is awesome. We should never forget that. The TPP covers an area that accounts for 40 percent of the world economy and one-third of global trade. We must turn the area into a region for lasting peace and prosperity. That is for the sake of our children and our children's children."

"As for U.S.-Japan negotiations, the goal is near. Let us bring the TPP to a successful conclusion through our joint leadership."

See also, transcript of joint news conference of Prime Minister Abe and President Obama.

In conclusion, there are several factors that improve the prospects for passage of a TPA bill. First, there is President Obama's influence with House Democrats. Second, there is the expectation that the TPPA may be the only agreement to be considered under TPA. Third, there is a larger Republican majority in the House today than in 2001. Finally, there is the positive impact of Japan's participation in TPPA, and Shinzo Abe's visit to the U.S. a month ago. On the other hand, there is no one on the scene today who can effectively lean on House Republicans to vote for TPA, as former President Bush did in 2001.

In This Issue
This issue contains the following items:
 • Senate Passes Trade Promotion Authority Bill
 • TPA, Free Trade and Technology
 • Prospects for House Passage of a TPA Bill
Washington Tech Calendar
New items are highlighted in red.
Tuesday, May 26

The House will not meet the week of May 25-29, except for pro forma sessions.

The Senate will not meet the week of May 25-29, except for pro forma sessions. See, 2015 Senate Schedule. The Senate will meet at 4:00 PM in pro forma session.

11:45 AM - 1:15 PM. The DC Bar Association will host a presentation titled "Social Media, E-Discovery and Ethics". The speaker will be Robert Keeling (Sidley Austin). Free. No CLE credits. No reporters. No webcast. Registration required. Send e-mail to Kevin Clark at kclark at complianceds dot com.  See, notice. Location: Sidley Austin, 1501 K St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Mobile Payments Committee will host a panel discussion regarding potential regulation by the FTC, FCC, and CFPB of the security of mobile payments data. The speakers will be Rick Hindman (Chief of the FCC's Enforcement Bureau's Telecommunications Consumers Division), Katherine McCarron (FTC Bureau of Consumer Protection's Division of Privacy and Identity Protection), and Scott Talbott (ETA). Free. No CLE credits. No webcast. Bring your own lunch. See, notice. Location: Harris Wiltshire & Grannis, 8th floor, 1919 M St., NW.

Wednesday, May 27

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will host an event titled "Meet the FCC Enforcement Bureau Front Office". The speakers will be Travis LeBlanc (Chief of the FCC's Enforcement Bureau), William Davenport (Deputy Chief), Paula Blizzard (Deputy Chief), and Phillip Rosario (Deputy Chief). The Federal Communications Bar Association (FCBA) asserts that this is event of its Enforcement Committee. No webcast. No CLE credits. Bring your own lunch. Free. See, notice. Location: Wiley Rein, 1776 K St., NW.

12:30 - 2:00 PM. The American Bar Association (ABA) will host a panel discussion titled "Trade Legislation and Policy Update". The speakers will be Angela Ellard (Republican Chief International Trade Counsel, House Ways and Means Committee), Jason Kearns (Democratic Chief Trade Counsel, HWMC), Everett Eissenstat (Republican Chief International Trade Counsel, Senate Finance Committee), and Jayme White (Democratic Chief Adviser for International Competitiveness and Innovation, SFC). The price to attend ranges from $15 to $25. No CLE credits. No webcast. Lunch will be served. See, notice. Location: Barnes & Thornburg, 1717 Pennsylvania Ave., NW.

Thursday, May 28

The Senate will meet at 4:00 PM in pro forma session.

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

10:30 AM - 12:00 NOON. The Brookings Institution (BI) will host a panel discussion titled "The Digital Single Market: Implications for the Transatlantic Relationship ". The speakers will be Andrus Ansip (European Commission), Miriam Sapiro (BI), and Cameron Kerry (BI). See, notice. Location: JHU School of Advanced International Studies, 1740 Massachusetts Ave., NW.

12:00 NOON. The Cato Institute will host a panel discussion titled "Removing Barriers to Online Medical Care". The speakers will be Rene Quashie (Epstein Becker & Green), Jeff Rowes (Institute for Justice), Josh Sharfstein (Johns Hopkins University), and Simon Lester (Cato). Free. Open to the public. Webcast. See, notice. Location: Cato, 1000 Massachusetts Ave., NW.

12:00 NOON. The National Economists Club (NEC) will host an event titled "Digital Currencies Based on Bitcoin’s Block Chain". The speaker will be Norbert Michel (Heritage Foundation). Open to the public. Lunch will be served. The price to attend ranges from $16 to $25. See, notice and registration page. Location: Chinatown Garden, 618 H St., NW.

12:00 NOON - 1:30 PM. The DC Bar Association will host a presentation titled "Hot Apps and Tech for the Modern Lawyer". The price to attend ranges from free to $30. No CLE credits. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. See, notice. Location: DC Bar Conference Center, 1101 K St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a panel discussion titled "Celebrating the ITU’s 150th Anniversary and the 50th Anniversary of the Creation of INTELSAT". The speakers will be Henry Goldberg (Goldberg Godles Weiner & Wright), Brian Fontes (National Emergency Numbering Association), David Leive, and Jennifer Manner (EchoStar). No webcast. No CLE credits. Bring your own lunch. Free. See, notice. Location: Wiley Rein, 1776 K St., NW.

1:00 PM. The US Telecom will host a webcast presentation titled "Telecom Cyber Frameworks, Policies and Business Processes". The speakers will be Jeff Goldtrop (FCC/PSHSB Associate Chief for Cybersecurity and Communications Reliability) and Adam Sedgewick (DOC/NIST Senior Information Technology Policy Advisor). See, notice.

1:00 - 2:30 PM.The American Bar Association (ABA) will host a webcast panel discussion titled "Online Privacy & Data Security Soup to Nuts: A Primer and Update on Important Developments for the Business Lawyer". The speakers will be Lisa Lifshitz, Richard Balough, Theodore Claypoole, and Jonathan Rubens. Prices vary. Prices vary. CLE credits. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "The New EU Unitary Patent & Unified Patent Court: Strategic Considerations for US Applicants/Patentees". The speakers will be Bernd Aechter, Brad Hattenbach, Charles Larsen, Willard Jones, and Margaret Welsh. Prices vary. CLE credits. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Dealing With Cybersecurity Threats & Breaches". The speakers will be Henry Talavera (Polsinelli PC), Brian Johnston (Polsinelli PC), Lisa Sotto (Hunton & Williams), Lisa Van Fleet (Bryan Cave). Prices vary. CLE credits. See, notice.

Friday, May 29

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Uncle Sam’s Broadband Plan: Which Way Forward for the New Interagency Broadband Council?". The speakers will be Doug Brake (ITIF), Blair Levin (Brookings Institute), and Thomas Power (CTIA Wireless Association). Free. Open to the public. Live and archived webcast. See, notice. Location: ITIF/ITIC, Suite 610, 1101 K St., NW.

Deadline to submit comments to the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council (NSTC) regarding the draft [15 pages in PDF] titled "2015 National Space Weather Strategy". This draft addresses, among other things, the effect of solar flares, solar energetic particles, and coronal mass ejections upon telecommunications. See, notice in the Federal Register, Vol. 80, No. 83, April 30, 2015, at Pages 24296-24297.

Sunday, May 31

The Senate will return from it Memorial Day recess at 4:00 PM to consider legislation to extend and/or revise three provisions of surveillance law (Section 215, lone wolf FISA authority, and roving wiretap). There will be no votes before 6:00 PM.

12:00 MIDNIGHT. Three provisions of surveillance law (Section 215, lone wolf FISA authority, and roving wiretap) sunset.

Monday, June 1

The House will return from its Memorial Day recess.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR 8058 [42 pages in PDF] titled "Security Content Automation Protocol (SCAP) Version 1.2 Content Style Guide: Best Practices for Creating and Maintaining SCAP 1.2 Content".

Tuesday, June 2

9:30 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Lifeline: Improving Accountability and Effectiveness". The witnesses will be Randolph May (Free State Foundation), Michael Clements (GAO), Scott Bergmann (CTIA Wireless Association), Ronald Brisé (Florida Public Service Commission, National Association of Regulatory Utility Commissioners (NARUC), Jessica Gonzalez (National Hispanic Media Coalition). Webcast. Location: Room 253, Russell Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Personalized User Model v. Google, App. Ct. No. 14-1841. Panel  D. This is an appeal from the U.S. District Court (DDel) in a patent infringement case involving personal web portals.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.

12:00 NOON - 9:00 PM ET. Day one of a two day meeting of the Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) First Responder Network Authority. This meeting is in California, but will be webcast. On Tuesday, June 2, there will be meetings of four committees: Governance and Personnel, Technology, Outreach, and Finance. See, notice in the Federal Register, Vol. 80, No. 94, May 15, 2015, at Pages 27928-27929. Free. Open to the public.

12:00 NOON - 1:00 PM. The DC Bar Association will host a closed event at which Jonathan Sallet (FCC General Counsel) speak. The price to attend ranges from $10 to $20. No CLE credits. No webcast. No reporters. For more information, call 202-626-3463. See, notice. Location: Hogan Lovells, 555 13th St., NW.

1:00 - 5:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "19th Annual FCBA Foundation Golf Tournament". See, notice. Location: Westfields Golf Club, 13940 Balmoral Greens Avenue, Clifton, VA.

Deadline to submit written submissions to the U.S. International Trade Commission (USITC) following its May 5, 2015 hearing titled "Trade and Investment Policies in India, 2014-2015". See, notice in the Federal Register, Vol. 80, No. 38, February 26, 2015, at Page 10513.

Events Outside of the Washington DC Area

Tuesday, May 26

6:00 PM PT. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Is California Losing the Race for Global Innovation?". The speakers will include Robert Atkinson (ITIF). See, notice. Location: Commonwealth Club of California, 555 Post Street, San Francisco, California.

Wednesday, May 27

8:00 AM - 5:30 PM PT. The Department of Homeland Security's (DHS) U.S. Customs and Border Protection will host an event titled "Advancing Trade Through Partnership and Enforcement''. See, notice in the Federal Register, Vol. 80, No. 84, May 1, 2015, at Pages 24952-24953. Location: Hotel Murano, 1320 Broadway Plaza, Tacoma, Washington.

8:25 AM - 4:25 PM ET. Billington Cybersecurity will host an event titled "Billington Corporate Cybersecurity Summit". The speakers will include Keith Alexander (former head of the NSA), John Carlin (Assistant Attorney General in charge of the DOJ's National Security Division), and representatives of the FBI, SEC, and DHS. See, event website. Location: New York.

Day one of a two event titled "Atlanta SecureWorld". Joe Jarzombek (DHS NPPD Office of Cybersecurity and Communications) will give a keynote address on cyber security at 9:30 AM. See, event web site. Location: Cobb Galleria Center, Atlanta, Georgia.

Day one of a two day event titled "2015 Embedded Security in Cars Conference". See, event web site. Location: Ann Arbor Marriott Ypsilanti at Eagle Crest, 1275 S. Huron St., Ypsilanti, Michigan.

Thursday, May 28

Day two of a two event titled "Atlanta SecureWorld". See, event web site. Location: Cobb Galleria Center, Atlanta, Georgia.

Day two of a two day event titled "2015 Embedded Security in Cars Conference". See, event web site. Location: Ann Arbor Marriott Ypsilanti at Eagle Crest, 1275 S. Huron St., Ypsilanti, Michigan.

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