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Wednesday, June 15, 2016, Alert No. 2,823.
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Supreme Court Addresses Enhanced Damages for Patent Infringement

6/13. The Supreme Court released its unanimous opinion in Halo Electronics v. Pulse Electronics and Stryker v. Zimmer regarding the award of enhanced damages for patent infringement under 35 U.S.C. § 284.

The Supreme Court rejected the approach announced by the Federal Circuit in In Re Seagate, but provided little guidance to the lower courts in its place. However, it wrote this much. First, the District Courts possess discretion. Second, there is no "rigid formula". Third, treble damages are only to be awarded for "egregious cases of misconduct beyond typical infringement".

The Supreme Court vacated the judgments of the U.S. Court of Appeals (FedCir), and remanded. See, October 22, 2014 opinion of the Court of Appeals in Halo v. Pulse, and December 19, 2014 opinion of the Court of Appeal in Stryker v. Zimmer.

35 U.S.C. § 284 provides in part that "Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court." Also, "When the damages are not found by a jury, the court shall assess them. In either event the court may increase the damages up to three times the amount found or assessed."

The issue in these cases is how treble damages are awarded. The statute provides no guidance. In both cases the Court of Appeals followed its 2007 opinion in In Re Seagate Technology, 497 F. 3d 1360.

The Supreme Court wrote that "we eschew any rigid formula for awarding enhanced damages under §284".

It also wrote that "Section 284 gives district courts the discretion to award enhanced damages against those guilty of patent infringement". And hence, the Court of Appeals should only review awards for abuse of discretion.

It reviewed prior cases, and then concluded that "those principles channel the exercise of discretion, limiting the award of enhanced damages to egregious cases of misconduct beyond typical infringement."

Chief Justice Roberts wrote the opinion of the Court. Justice Stephen Breyer wrote a concurring opinion, in which Justices Alito and Kennedy joined.

Justice Stephen BreyerJustice Breyer (at left) wrote that "the Court’s references to ``willful misconduct´´ do not mean that a court may award enhanced damages simply because the evidence shows that the infringer knew about the patent and nothing more."

Second, he wrote that "Second, the Court writes against a statutory background specifying that the ``failure of an infringer to obtain the advice of counsel ... may not be used to prove that the accused infringer wilfully infringed.´´ §298. The Court does not weaken this rule through its interpretation of §284. Nor should it. It may well be expensive to obtain an opinion of counsel. ... Such costs can prevent an innovator from getting a small business up and running. At the same time, an owner of a small firm, or a scientist, engineer, or technician working there, might, without being ``wanton´´ or ``reckless,´´ reasonably determine that its product does not infringe a particular patent, or that that patent is probably invalid."

Finally, he wrote that "The Court holds that awards of enhanced damages should be reviewed for an abuse of discretion. ... I agree. But I also believe that, in applying that standard, the Federal Circuit may take advantage of its own experience and expertise in patent law."

The first of these two cases is Halo Electronics, Inc. v. Pulse Electronics, Inc. et al., Sup. Ct. No. 14–1513, on petition for write of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. Nos. 2013-1472 and 2013-1656. The Court of Appeals heard an appeal from the U.S. District Court for the District of Nevada, D.C. No. 07-CV-0331, Judge Philip Pro presiding.

The second of these two cases is Stryker Corporation, et al. v. Zimmer, Inc., et al., Sup. Ct. No. 14–1520, on petition for write of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2013-1668. The Court of Appeals heard an appeal from the U.S. District Court for the Western District of Michigan, D.C. No. No. 10-CV-1223, Judge Robert Jonker presiding.

GAO Releases Report on FBI Use of Facial Recognition Technology

6/15. The Government Accountability Office (GAO) released a report [68 pages in PDF] titled "FACE Recognition Technology: FBI Should Better Ensure Privacy and Accuracy".

This report states that it addresses three questions. "(1) What are the FBI’s face recognition capabilities? (2) To what extent has FBI ’s use of face recognition adhered to laws and policies related to privacy? (3) To what extent does the FBI assess the accuracy of its face recognition capabilities?"

The question of adherence to law is not complex. The Congress has not enacted any statute specific to facial recognition technology. Nor has it enacted a comprehensive statute affecting governmental activities that impact people's expectations of privacy.

There are two applicable federal statutes that impose minor requirements upon the federal government. First, the Privacy Act of 1974 places limitations on agencies' collection, disclosure, and use of personal information maintained in systems of records. Second, the E-Government Act of 2002 requires agencies to conduct Privacy Impact Assessments (PIA) that analyze how personal information is collected, stored, shared, and managed in a federal system.

This report states that "The use of face recognition technology raises potential concerns regarding both the effectiveness of the technology in aiding law enforcement investigations and the protection of privacy and individual civil liberties. As reflected in DOJ guidance, the timely development and publishing of PIAs would increase transparency of the department’s systems and missions and provide the public with greater assurance that DOJ components are evaluating risks to privacy when implementing systems. DOJ could accomplish this by (1) assessing the PIA development process to determine why PIAs were not published prior to using or updating face recognition capabilities, and (2) implementing corrective actions to ensure the timely development, updating, and publishing of PIAs before using or making changes to a system."

The GAO, which is an arm of the Congress, prepared this report at the request of Sen. Al Franken (D-MN), the ranking Democrat on the Senate Judiciary Committee's (SJC) Subcommittee on Privacy, Technology and the Law.

Sen. Al FrankenSen. Franken (at right) stated in a release that "This GAO report raises some very serious concerns, and reveals that the FBI's use of facial recognition technology is far greater than had previously been understood. This is especially concerning because the report shows that the FBI hasn't done enough to audit its own use of facial recognition technology or that of other law enforcement agencies that partner with the FBI, nor has it taken adequate steps to ensure the technology's accuracy."

He also expressed concern about "the risk of innocent Americans being inadvertently swept up in criminal investigations".

The GAO study addressed government use of facial recognition technology. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) is examining private sector use of the technology.

The NTIA hosted an event on June 15 titled "Meeting of the Privacy Multistakeholder Process on Facial Recognition Technology".

See, NTIA notice and notice in the Federal Register, Vol. 81, No. 98, May 20, 2016, at Page 31915, and the NTIA's May 1, 2016 draft titled "Best Practice Recommendations for Commercial Facial Recognition Use".

The Center for Democracy and Technology (CDT) stated in a release that the NTIA draft "was finalized today and lacks both guidance for businesses and protection for individuals".

The CDT's Michelle De Mooy stated that "Facial recognition technology raises serious privacy concerns, whether it is used for retail tracking, photo tagging, or public targeting ... At a minimum, businesses should notify consumers and seek permission when facial technology is used, especially if it's being deployed to track them in public or inform decisions on issues such as employment, health care, credit, or housing. The best practices don't even do that. Industry can and must do better".

The Internet Advertising Bureau (IAB) commented on the NTIA activities. The IAB's Dave Grimaldi stated that "Over the past 28 months we have had the opportunity to learn from a broad set of stakeholders and experts in the field of facial recognition technology. As a result of this dialogue, we are better informed about how this still-nascent technology will need to coexist with consumer expectations. We look forward to future evolutions of this conversation."

DHS and DOJ Release Final Guidance and Procedures on Cyber Threat Information Sharing

6/15. The Department of Homeland Security (DHS) and Department of Justice (DOJ) released a set of documents that contain guidelines, policies, and/or procedures related to information sharing under the "Cybersecurity Information Sharing Act of 2015" or CISA.

The CISA allows the sharing of certain cyber threat information between the private sector and government, and removes some disincentives for companies to share information with the government. The CISA required preparation and release of these documents.

On June 15, the DHS and DOJ released a document [22 pages in PDF] titled "Guidance to Assist Non-Federal Entities to Share Cyber Threat Indicators and Defensive Measures with Federal Entities under the Cybersecurity Information Sharing Act of 2015".

The DHS and DOJ also released a document [18 pages in PDF] titled "Privacy and Civil Liberties Final Guidelines: Cybersecurity Information Sharing Act of 2015". This applies to the government entities that receive, retain, use, and disseminate cyber threat indicators.

The DHS and DOJ also released a document [16 pages in PDF] titled "Final Procedures Related to the Receipt of Cyber Threat Indicators and Defensive Measures by the Federal Government".

Last year the Congress passed a huge omnibus spending bill titled "Consolidated Appropriations Act, 2016". It was HR 2029. President Obama signed it into law on December 18, 2015. It is Public Law 114-113. Division N of this Act is the "Cybersecurity Act of 2015". Title I of Division N is the "Cybersecurity Information Sharing Act" or CISA.

Section 105 of the CISA required the drafting and release of interim documents within 60 days of enactment. The DHS and DOJ released those on February 15, 2016. The CISA required final documents within 180 days. The just released documents are these final documents.

Section 103 of the CISA also required that the Office of the Director of National Intelligence (ODNI) prepare and release within 60 days final procedures regarding sharing of information by the federal government. The ODNI, DHS, DOJ and Department of Defense released this document [21 pages in PDF] on February 15, 2016. It is titled "Sharing of Cyber Threat Indicators and Defensive Measures by the Federal Government under the Cybersecurity Information Sharing Act of 2015".

See also, DHS web page titled "Automated Indicator Sharing (AIS)", which has hyperlinks to these and other documents.

More News

6/15. The Office of the Attorney General of New York announced in a release that it entered into a settlement agreement with Law360, a subsidiary of LexisNexis, that bars Law 360 from enforcing a non-compete clause in employment contracts with its reporters. The release states that "Law 360 required a majority of employees, including all editorial employees, to sign an employment contract with a non-compete agreement that prohibited them, for one year after leaving the company, from working for any media outlet that provides legal news." It added that "New York law does not permit the use of non-compete agreements, except in very limited circumstances. For example, a non-compete may be allowed to protect trade secrets or where it covers employees with uniquely special skills."

6/15. Samsung Electronics announced that it will acquire Joyent, a privately held U.S. based provider of cloud services. Samsung stated in a release that "With Joyent's superior cloud technology, Samsung will now have access to its own cloud platform capable of supporting its growing lineup of mobile, Internet of Things (IoT) and cloud-based software and services." Samsung added that "Joyent will operate as a standalone company under Samsung and continue providing cloud infrastructure and software services to its customers". Competing service providers include Amazon Web Services and Microsoft's Azure.

6/14. The Washington Post published a story by Ellen Nakashima titled "Russian government hackers penetrated DNC, stole opposition research on Trump". It states that "Russian government hackers penetrated the computer network of the Democratic National Committee and gained access to the entire database of opposition research on GOP presidential candidate Donald Trump ..."

6/13. The Securities and Exchange Commission (SEC) released an order that allows companies to use Inline XBRL when filing certain financial statements with the SEC. This order states that "Operating companies are required to provide their financial statements accompanying their periodic and current reports in machine-readable format using eXtensible Business Reporting Language (XBRL). Companies currently provide this XBRL data as an exhibit to their filings. Since these requirements were first adopted, technology has evolved and now would allow filers to embed XBRL data directly into a HyperText Markup Language (HTML) document through a format known as Inline XBRL." See also, SEC release.

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In This Issue
This issue contains the following items:
 • Supreme Court Addresses Enhanced Damages for Patent Infringement
 • GAO Releases Report on FBI Use of Facial Recognition Technology
 • DHS and DOJ Release Final Guidance and Procedures on Cyber Threat Information Sharing
 • More News
Washington Tech Calendar
New items are highlighted in red.
Wednesday, June 15

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

8:30 AM - 5:30 PM. Day two of a two day meeting of the Department of Transportation's (DOT) National Geospatial Advisory Committee (NGAC). See, notice in the Federal Register, Vol. 81, No. 101, May 25, 2016, at Page 33266. Location: DOT, 1200 New Jersey Ave., SE.

8:30 AM - 5:00 PM. Day one of a three day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, Vol. 81, No. 97, May 19, 2016, at Page 31594. Location: United States Access Board, Conference Room, Suite 800, 1331 F St., NW.

9:00 AM - 5:00 PM. Day one of a three day meeting of the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 216, Aeronautical Systems Security. The agenda includes "ARAC ASISP". ASISP is an acronym for Aircraft Systems Information Security Protection. That is, the agenda includes cyber threats to aircraft systems and networks. See, notice in the Federal Register, Vol. 81, No. 97, May 19, 2016, at Page 31675. Location: RTCA, Suite 910, 1150 18th St., NW.

9:30 - 11:00 AM. The Heritage Foundation (HF) will host an event titled "Taiwan in International Organizations". Free. Open to the public. Webcast. See, notice. Location: HF, 214 Massachusetts Ave., NE.

10:00 AM. The House Financial Services Committee (HFSC) will meet to mark up numerous bills, including several that would provide regulatory relief to small and start up tech businesses in raising capital, such as HR 4854 [LOC | WW], the "Supporting America's Innovators Act of 2016", HR 4855 [LOC | WW], the "Fix Crowdfunding Act", HR 4850 [LOC | WW], the "Micro Offering Safe Harbor Act", and HR 5429 [LOC | WW], the "SEC Regulatory Accountability Act". See, notice. Location: Room 2128, Rayburn Building.

10:00 AM. The House Homeland Security Committee (HHSC) will hold a hearing titled "The Cybersecurity Act of 2015: Industry Perspectives". Webcast. See, notice. Location: Room 311, Cannon Building.

10:00 AM. The Senate Commerce Committee (SCC) will meet to consider several items, including S 2283 [LOC | WW], the "Small Business Broadband Deployment Act of 2015". Webcast. See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Financial Services and General Government will meet to mark up the Financial Services and General Government Appropriations Act for Fiscal Year 2017. Audio webcast. See, notice. Location: Room 138, Dirksen Building.

10:00 - 11:30 AM. The New America Foundation (NAF) will host a panel discussion titled "Understanding the Future of Cyber Threat Intelligence". The speakers will be Paulo Shakarian (Arizona State University), Nicole Becher (New York University), Mark Dufresne (Endgame), Terry Roberts (WhiteHawk, Inc.), and Robert Morgus (NAF). See, notice. Location: NAF, Suite 900, 740 15th St., NW.

12:00 NOON - 2:00 PM. The New America Foundation (NAF) will host a closed panel discussion titled "Cybersecurity Initiative Business-Policy Roundtable #11". Closed to the public. Attendance is by invitation only. See, notice. Location: NAF, Suite 900, 740 15th St., NW.

1:00 - 5:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will hold an event titled "Meeting of the Privacy Multistakeholder Process on Facial Recognition Technology". See, NTIA notice and notice in the Federal Register, Vol. 81, No. 98, May 20, 2016, at Page 31915. Location: American Institute of Architects, 1735 New York Ave., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Web Pages as Evidence: Significant Cases and How to Preserve and Authenticate Web Pages". Prices vary. CLE credits. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "What You Need to Know About the New Defend Trade Secrets Act". Prices vary. CLE credits. See, notice.

2:00 PM. The Senate Finance Committee (SFC) will hold a hearing titled "Challenges and Opportunities for U.S. Business in the Digital Age". The witnesses will be __. See, notice. Location: Room 215, Dirksen Building.

3:00 - 4:30 PM. The New America Foundation (NAF) will host a panel discussion titled "Software’s Economic Impact and the Drive for Talent". The speakers will be Victoria Espinel (head of the BSA Software Alliance), Cameron Wilson (Code.org), Melissa Moritz (Department of Education), and Lisa Guernsey (NAF). Location: NAF, Suite 900, 740 15th St., NW.

Thursday, June 16

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

Supreme Court conference day. See, October Term 2015 calendar.

8:30 - 9:25 AM. The American Enterprise Institute (AEI) will host an event titled "Treasury Secretary Jacob Lew on the US-China Economic Relationship". The speakers will be Lew (Secretary of the Treasury), Arthur Brooks (AEI), and Greg Ip (Wall Street Journal). See, notice. Location: AEI, 12th floor, 1150 17th St., NW..

8:30 AM - 5:00 PM. Day two of a three day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, Vol. 81, No. 97, May 19, 2016, at Page 31594. Location: United States Access Board, Conference Room, Suite 800, 1331 F St., NW.

9:00 PM. The Senate Intelligence Committee (SIC) will hold a hearing at which John Brennan (CIA Director) will testify. Open to the public. See, notice. Location: Room 216, Hart Building.

9:00 AM - 5:00 PM. Day two of a three day meeting of the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 216, Aeronautical Systems Security. The agenda includes "ARAC ASISP". ASISP is an acronym for Aircraft Systems Information Security Protection. That is, the agenda includes cyber threats to aircraft systems and networks. See, notice in the Federal Register, Vol. 81, No. 97, May 19, 2016, at Page 31675. Location: RTCA, Suite 910, 1150 18th St., NW.

9:00 AM - 3:30 PM. The Federal Communications Commission's (FCC) Disability Advisory Committee will meet. See, notice in the Federal Register, Vol. 81, No. 104, May 31, 2016, at Pages 34336-34337. Location: FCC, Commission Meeting Room, 445 12th St., SW.

9:30 AM. The House Science and Technology Committee's (HSTC) Subcommittee on Research and Technology will hold a hearing titled "SBIR/STTR Reauthorization: A Review of Technology Transfer". Webcast. See, notice. Location: Room 2318, Rayburn Building.

9:30 - 10:45 AM. The New America Foundation (NAF) will host a panel discussion titled "Fighting ISIS in the Information Space: Government and Civil Society Perspectives". The speakers will be Meagan Lagraffe (Global Engagement Center), Tara Maller (NAF), and Peter Bergen (NAF). See, notice. Location: NAF, Suite 900, 740 15th St., NW.

9:45 AM. The House Foreign Affairs Committee (HFAC) will meet to mark up several bills, including HR __, the "Digital Global Access Policy Act of 2016". See, notice. Location: Room 2172, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of four judicial nominees: Donald Schott (USCA/7thCir), Stephanie Finley (USDC/WDLa), Claude Kelly (USDC/EDLa), and Winfield Ong (USDC/SDInd). Webcast. The agenda does not include consideration of S 356 [LOC | WW], the "Electronic Communications Privacy Act Amendments Act of 2015". See, notice. Location: Room 226, Dirksen Building.

POSTPONED. 10:00 AM. The Senate Homeland Security and Governmental Affairs Committee's (SHSGAC) Subcommittee on Regulatory Affairs and Federal Management will hold a hearing titled "Reviewing the Rulemaking Records of Independent Regulatory Agencies". The witnesses will be __. Webcast. See, notice. Location: Room 342, Dirksen Building.

10:00 AM - 12:00 NOON. The Department of State's (DOS) Advisory Committee on Private International Law will hold a meeting to discuss a document titled "Technical Notes on Online Dispute Resolution" in advance of the United Nation Commission on International Trade Law (UNCITRAL) meeting on June 27 - July 15, 2016. See, notice in the Federal Register, Vol. 81, No. 107, June 3, 2016, at Page 35809. Location: South Building State Department Annex 4A (Navy Hill), Room 356, 2430 E St., NW.

10:00 AM - 1:00 PM. The Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 224, Airport Security Access, will meet. See, notice in the Federal Register, Vol. 81, No. 100, May 24, 2016, at Pages 32824-32825. Location: RTCA, Suite 910, 1150 18th St., NW.

10:30 AM. The Senate Appropriations Committee (SAC) will meet to mark up the Financial Services and General Government Appropriations Act for Fiscal Year 2017. Audio webcast. See, notice. Location: Room 106, Dirksen Building.

12:00 NOON - 1:30 PM. The Cato Institute will host a panel discussion titled "The TPP and Pharmaceutical Protections: Too Strong, Too Weak, or Just Right?". See, notice. Location: Cato, 1000 Massachusetts Ave., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host an event titled "The Trademark Office Speaks -- An Annual Update from the USPTO and TTAB". The speakers will be Gerard Rogers (Chief Judge of the USPTO's Trademark Trial and Appeal Board), Meryl Hershkowitz (Deputy Commissioner for Trademark Operations, USPTO), and Rob Kimmer (Mei & Mark). The price to attend ranges from $15 to $35. No CLE credits. No webcast. For more information, call 202-626-3463. The DC Bar has a history of barring reporters and news coverage. See, notice. Location: DC Bar Conference Center, 1101 K St., NW.

Deadline to submit comments to the Copyright Royalty Board in response a motion for partial distribution in connection with 2012 and 2013 DART Musical Works Fund royalties. See, notice in the Federal Register, Vol. 81, No. 95, May 17, 2016, at Pages 30568-30569.

Deadline to submit comments to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) to assist it in developing its proposals and positions regarding matters that will be addressed at the International Telecommunication Union's (ITU) 2016 World Telecommunication Standardization Assembly (WTSA-2016) This event will be held on October 25 through November 3, 2016 in Yasmine Hammamet, Tunisia. See, event web site. See, notice in the Federal Register, Vol. 81, No. 95, May 17, 2016, at Pages 30518-30519.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding termination of dormant FCC proceedings. The FCC released this PN on February 22, 2016. It is DA 16-187 in CG Docket No. 16-16. See, notice in the Federal Register, Vol. 81, No. 84, May 2, 2016, at Pages 26229-26230.

Friday, June 17

The House Majority Leader's schedule states that "no votes are expected in the House".

8:30 AM - 12:00 NOON. Day three of a three day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, Vol. 81, No. 97, May 19, 2016, at Page 31594. Location: United States Access Board, Conference Room, Suite 800, 1331 F St., NW.

9:00 AM - 3:00 PM. The Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) NextGen Advisory Committee, will meet. See, notice in the Federal Register, Vol. 81, No. 96, May 18, 2016, at Page 31293. Location: Boeing Company, 929 Long Bridge Drive, Arlington, VA.

9:00 AM - 5:00 PM. Day three of a three day meeting of the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 216, Aeronautical Systems Security. The agenda includes "ARAC ASISP". ASISP is an acronym for Aircraft Systems Information Security Protection. That is, the agenda includes cyber threats to aircraft systems and networks. See, notice in the Federal Register, Vol. 81, No. 97, May 19, 2016, at Page 31675. Location: RTCA, Suite 910, 1150 18th St., NW.

9:30 AM - 4:45 PM. The DC Bar Association will host a program titled "Preserving Intellectual Property Rights in Government Contracts". The speakers will be David Bloch (Winston & Strawn), Richard Gray (Department of Defense), John Lucas (Department of Energy), and James McEwen (Sikorsky Aircraft Corporation). The price to attend ranges from $129 to $199. CLE credits. For more information, call 202-626-3488. The DC Bar has a history of barring reporters and news coverage. See, notice. Location: DC Bar Conference Center, 1101 K St., NW.

1:00 - 2:30 PM. The New America Foundation (NAF) will host a discussion of the book titled "Rogue Justice: The Making of the Security State". The speakers will be the author, Karen Greenberg (Fordham University) and Peter Bergen (NAF). Lunch will be served. See, notice. Location: NAF, Suite 900, 740 15th St., NW.

Deadline to submit comments to the Federal Trade Commission (FTC) in response to its notice of proposed rulemaking (NPRM) regarding implementation of the E-Warranty Act (Public Law No. 114-51), which pertains to publishing warranty information online. See, notice in the Federal Register, Vol. 81, No. 100, May 24, 2016, at Pages 32680-32686.

Deadline to submit comments to the Department of Homeland Security (DHS) regarding draft "voluntary standards" for cyber security information sharing. The DHS's notice in the Federal Register Register (FR) does not contain, or hyperlink to, these drafts. It refers to the web site of the Information Sharing and Analysis Organization (ISAO). See, FR, Vol. 81, No. 91, May 11, 2016, at Pages 29289-29290. As of publication of this notice, the ISAO web site stated that these drafts are "forthcoming".

Monday, June 20

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its information collection under the Patent Cooperation Treaty (PCT). See, notice in the Federal Register, Vol. 81, No. 75, April 19, 2016, at Pages 22967-22970.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding the revisions to the FCC Schedule of Regulatory Fees. The FCC adopted this item on May 18, 2016, and released it on May 19, 2016. It is FCC 16-61 in MD Docket Nos. 16-166. See, notice in the Federal Register Vol. 81, No. 107, June 3, 2016, at Pages 35680-35698.

Tuesday, June 21

8:30 AM - 4:30 PM. The Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Program Management Committee, will meet. See, notice in the Federal Register, Vol. 81, No. 100, May 24, 2015, at Pages 32823-32824. Location: RTCA, Suite 910, 1150 18th St., NW.

9:00 AM - 4:25 PM. Day one of a two day on site and webcast meeting of the Department of Homeland Security's (DHS) Homeland Security Science and Technology Advisory Committee (HSSTAC).The agenda for the morning of June 21includes a report by the Social Media Working Group Subcommittee on social media technologies for first responders. The agenda for the afternoon of June 21 includes a briefing on the status of the Silicon Valley Office. Registration is required. The deadline to register is June 17. The deadline to submit written comments in advance of the meeting is June 6. See, notice in the Federal Register, Vol. 81, No. 104, May 31, 2016, at Page 34368. Location: __.

9:00 - 11:30 AM. The Internal Revenue Service's (IRS) Electronic Tax Administration Advisory Committee (ETAAC) will meet. See, notice in the Federal Register, Vol. 81, No. 106, June 2, 2016, Page 35447. Location: IRS, 1111 Constitution Ave., NW.

10:00 AM. The Senate Banking Committee (SBC) will hold a hearing titled "The Semiannual Monetary Policy Report to the Congress". The witness will be Janet Yellen, Chairman of the Federal Reserve Board. See, notice. Location: Room 216, Hart Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Ignite Talk". There will be a series of five minute presentations by young lawyers on topics in communication law. No CLE credits. No webcast. Free. Bring your own lunch. See, notice. Location: Hogan Lovells, 555 13th St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding changes to its Telephone Consumer Protection Act (TCPA) rules. The FCC adopted this item on May 4, 2016, and released it on May 6, 2016. It is FCC 16-57 in CG Docket No. 02-278. See, notice in the Federal Register Vol. 81, No. 98, May 20, 2016, at Pages 31889-31895.

Wednesday, June 22

9:00 AM - 3:00 PM. Day two of a two day on site and webcast meeting of the Department of Homeland Security's (DHS) Homeland Security Science and Technology Advisory Committee (HSSTAC). Registration is required. The deadline to register is June 17. The deadline to submit written comments in advance of the meeting is June 6. See, notice in the Federal Register, Vol. 81, No. 104, May 31, 2016, at Page 34368. Location: __.

1:00 - 5:00 PM. The Federal Communications Commission's (FCC) Communications Security, Reliability, and Interoperability Council (CSRIC) will meet. See, notice in the Federal Register, Vol. 81, No. 98, May 20, 2016, at Pages 31937-31938. Location: FCC, Commission Meeting Room (Room TW-C305), 445 12th St., SW.