12/8. The House passed HR 2221 [LOC | WW | PDF], the "Data Accountability and Trust Act", by voice vote, under suspension of the rules.

This bill imposes requirements for the management of data that contains personal information, affords individuals an opportunity to access and request correction of incorrect information, and bans pretexting by information brokers. It also requires notices of certain data breaches. It gives civil enforcement authority to the Federal Trade Commission (FTC) and state attorneys general.

Rep. Bobby Rush (D-IL) introduced this bill on April 30, 2009. The HCC's Subcommittee on Commerce, Trade, and Consumer Protection held a hearing on May 5, 2009. This Subcommittee amended and approved the bill on June 3, 2009. The full Committee amended and approved the bill on September 30, 2009.

See, stories titled "House Commerce Subcommittee Marks Up Data Accountability and Trust Act" in TLJ Daily E-Mail Alert No. 1,948, June 4, 2009, "House Commerce Committee to Mark Up Data Accountability and Trust Act" in TLJ Daily E-Mail Alert No. 1,992, September 29, 2009, and "House Commerce Committee Approves DATA Act" in TLJ Daily E-Mail Alert No. 1,994, October 1, 2009.

12/8. The House passed HR 1319 [LOC | WW | PDF], the "Informed P2P User Act", by voice vote, under suspension of the rules.

Rep. Mary Mack (R-CA), sponsor of the bill, stated in a release that "Too many consumers don't realize that by using P2P software, they could be exposing all of their personal files -- from family photos to bank account information -- to complete strangers on their network".

Rep. Mack (at right) added that "This problem has persisted far too long, and industry has failed to effectively respond in a way that will keep Americans safe online. This legislation takes a common sense -- and needed -- approach that will ensure that users are aware of what personal files are at risk when they use P2P file sharing programs."

Rep. Mack (formerly Bono), and others, have been endeavoring for three Congresses to pass a peer to peer bill. She introduced the present bill on March 5, 2009.

The HCC's Subcommittee on Commerce, Trade, and Consumer Protection held a hearing on  May 5, 2009. The full Committee amended and approved the bill on September 30, 2009. See, story titled "House Commerce Committee to Mark Up Informed P2P User Act" in TLJ Daily E-Mail Alert No. 1,992, September 29, 2009, and story titled "House Commerce Committee Approves Informed P2P User Act" in TLJ Daily E-Mail Alert No. 1,994, October 1, 2009.

First, this bill would mandate a notice and consent regime. This includes both notice to users that their files can be copied, and notice of which copies can be copied. It provides as follows:

"It is unlawful for any covered entity to install on a protected computer or offer or make available for installation or download on a protected computer a covered file-sharing program unless such program--
   (A) immediately prior to the installation or downloading of such program -- (i) provides clear and conspicuous notice that such program allows files on the protected computer to be made available for searching and copying to one or more other computers; and (ii) obtains the informed consent to the installation of such program from an owner or authorized user of the protected computer; and
   (B) immediately prior to initial activation of a file-sharing function of such program -- (i) provides clear and conspicuous notice of which files on the protected computer are to be made available for searching and copying to another computer; and (ii) obtains the informed consent from an owner or authorized user of the protected computer for such files to be made available for searching and copying to another computer."

However, this requirement does not apply to the "installation of a covered file-sharing program on a computer prior to the first sale of such computer to an end user, provided that notice is provided to the end user who first purchases the computer that such a program has been installed on the computer."

The bill also provides that a "covered entity" means "a commercial entity that develops a covered file-sharing program" and a "commercial entity that disseminates or distributes a covered file-sharing program and is owned or operated by the commercial entity that developed the covered file-sharing program".

Second, the bill prohibits the blocking of peer to peer software installation, as well as failing to provide users an effective means to uninstall its peer to peer software. It provides as follows:

"It is unlawful for any covered entity--
   (1) to prevent the reasonable efforts of an owner or authorized user of a protected computer from blocking the installation of a covered file-sharing program or file-sharing function thereof; or
   (2) to prevent an owner or authorized user of a protected computer from having a reasonable means to either -- (A) disable from the protected computer any covered file-sharing program; or (B) remove from the protected computer any covered file-sharing program that the covered entity caused to be installed on that computer or induced another individual to install."

The bill would give enforcement and rulemaking authority to the Federal Trade Commission (FTC).

The bill would not preempt any state laws. It states, "Nothing in this Act shall be construed to limit or supersede any other Federal or State law."

The bill also would not restrict the activities of federal or state governments.

See also, the July 2009 paper [PDF] titled "Inadvertent File-Sharing Re-Invented: The Dangerous Design of LimeWire 5", by the Progress and Freedom Foundation's (PFF) Thomas Sydnor.

12/3. The House passed HR 3570 [LOC | WW], the "Satellite Home Viewer Reauthorization Act of 2009", by a vote of 394 to 11. See, Roll Call No. 930.

This bill, among other things, extends the compulsory copyright license for satellite television providers, which is codified at 17 U.S.C. § 119, for another five years.

Rep. John Conyers (D-MI) introduced this bill on September 15, 2009. However, it is a product of both the House Judiciary Committee (HJC) and the House Commerce Committee (HCC). Title I addresses copyright issues within the jurisdiction of the HJC. Title II addresses communications issues within the jurisdiction of the HCC.

Rep. Rick Boucher (D-VA), Chairman of the HCC's Subcommittee on Subcommittee on Communications, Technology, and the Internet, stated that this bill "enables the delivery by satellite of distant network signals to homes that cannot receive network programming from a local TV station."

He said that "We are taking the opportunity of this reauthorization to achieve a long held goal of having all 210 local television markets across the nation uplinked by satellite for the retransmission back into the markets in which the local TV signals originate. The goal is to ensure that satellite TV subscribers everywhere will be able to receive both national programming and the local TV stations that serve their area."

Rep. Boucher (at right) continued that "At the present time, there are 28 local TV markets in rural areas that do not have local TV signals delivered by either of the satellite TV carriers, and much of our effort this year has been directed toward finding a way to obtain satellite carriage of these 28 rural markets."

He explained that "The bill we are presenting today grants that permission if Echostar in fact provides local TV service in all 210 TV markets nationwide. Another condition of the company's willingness to serve all 210 markets is that the law not impose new carriage obligations that the company would have to devote satellite capacity to meeting."

Rep. Conyers stated in the House that this bill also "resolves the phantom signal problem that has caused instability and confusion for the cable and content industries, to the detriment of consumers". See also, stories titled "Copyright Office Issues Notice of Inquiry Regarding Cable Systems" in TLJ Daily E-Mail Alert No. 1,688, December 13, 2007, and "Copyright Office Terminates Phantom Signal Proceeding" in TLJ Daily E-Mail Alert No. 1,766, May 14, 2008.

He added that this is "a consensus bill among just about all of the industry stakeholders, including satellite and cable companies, studios, sports leagues, public television and several others".

Rep. Joe Barton (R-TX), the ranking Republican on the HCC, stated that "There is one provision in the legislation that is nettlesome from my point of view. We have adopted a provision that I opposed in committee that forces the DISH Network to carry high-definition signals for public broadcast stations. I'm not opposed to public television being broadcast in high definition, but I don't think it's the end of the world if DISH chooses for right now not to carry those signals because they're engaged in an upgrade of their base and won't be able to do so in their business model until 2013."

The current compulsory license is set to expire on December 31, 2009.

The Senate has not yet passed this bill, or another bill to extend the current license. Related bills in the Senate are S 2764 [LOC | WW], the "Satellite Television Extension and Localism Act of 2009", sponsored by Sen. Jay Rockefeller (D-WV), and S 1670 [LOC | WW], the "Satellite Television Modernization Act of 2009", sponsored by Sen. Patrick Leahy (D-VT).

12/4. Chairmen of House and Senate Committees offered comments on Comcast's and General Electric's proposed joint venture regarding NBC Universal.

Rep. Henry Waxman (D-CA), Chairman of the House Commerce Committee (HCC), stated in a release that "The proposed Comcast-NBC Universal joint venture agreement has the potential to reshape the media marketplace. This proposal raises questions regarding diversity, competition, and the future of the production and distribution of video content across broadcasting, cable, online, and mobile platforms. It is imperative that the FCC, the Justice Department, and the FTC rigorously assess whether this transaction is in the public interest."

He added that "I will work with Rep. Rick Boucher, Chairman of the Subcommittee on Communications, Technology, and the Internet, to schedule hearings on this matter at the earliest practicable date."

Sen. Jay Rockefeller (D-WV) stated in a release that "I have some serious questions about the deal announced for Comcast to assume control of NBC Universal ... A joint venture of this magnitude would benefit from regulatory oversight. When major media companies swell to control both content and distribution, we need to make sure consumers are not left with lesser content and higher rates."

Rep. John Conyers (D-MI), Chairman of the House Judiciary Committee (HJC), stated in a release that the HJC "will soon conduct hearings on the pending Comcast-NBC Universal merger. This proposed merger between the country’s oldest broadcast network and its largest cable operator would create a global entertainment company combining content creation and distribution at an unprecedented scale. A merger of this magnitude involves a complex regulatory process and heavy public scrutiny. The Committee will consider the benefits of potential advances in content delivery and the impact on consumers.

See also, stories titled "Comcast and GE Announce Joint Venture for NBC Universal", "Comcast Offers Commitments to Regulators Regarding GE Joint Venture", and "Reaction to Proposed Comcast GE Transaction" in TLJ Daily E-Mail Alert No. 2,020, December 3, 2009.

12/1. The Board of Governors of the Federal Reserve System and the Department of the Treasury published a notice in the Federal Register that announces an extension of the deadline for complying with certain rules promulgated pursuant to the Unlawful Internet Gambling Enforcement Act (UIGEA). This extension pertains to the rules that require non-exempt participants in designated payment systems to establish and implement written policies and procedures that are reasonably designed to identify and block or otherwise prevent or prohibit unlawful Internet gambling transactions restricted by the UIGEA. The old deadline was December 1, 2009. The new deadline is June 1, 2010. See, Federal Register, December 1, 2009, Vol. 74, No. 229, at Pages 62687-62688. The UIGEA was enacted in 2007 in the 109th Congress Title VIII of HR 4954 (109th), the "Port Security Improvement Act of 2006". It is now Public Law No. 109-347.

12/1. The Judicial Conference of the United States' Committee on Rules of Practice and Procedure published a notice in the Federal Register that announces and sets the comment deadline (February 16, 2010) for, its proposed changes to the Federal Rules of Criminal Procedure (FRCrP), Federal Rules of Bankruptcy Procedure (FRBP), and Federal Rules of Evidence (FRE). The numerous changes to the FRCrP pertain to the use of new information technologies in criminal proceedings, including video conferencing for grand jury returns and in certain trials and other proceedings, and consideration of electronically submitted information in the issuance of complaints, arrest warrants, and summonses. See, Federal Register, December 1, 2009, Vol. 229, No. 74, at Page 62821.

12/1. Various federal financial regulators published a notice in the Federal Register that announces, describes, recites, and sets the effective dates for, their final amendments to their rules that require financial institutions to provide initial and annual privacy notices to their customers. Parts of this item are effective on December 31, 2009, and parts are effective on January 1, 2012. The relevant regulators are the Department of the Treasury's (DOT) Office of the Comptroller of the Currency (OCC), Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation (FDIC), DOT's Office of Thrift Supervision (OTS), National Credit Union Administration (NCUA), Federal Trade Commission (FTC), Commodity Futures Trading Commission (CFTC), and Securities and Exchange Commission (SEC). See, Federal Register, December 1, 2009, Vol. 74, No. 229, at Pages 62889-62994.

12/1. The Government Accountability Office (GAO) released a report [40 pages in PDF] titled "Information Technology: Actions Needed to Fully Establish Program Management Capability for VA's Financial and Logistics Initiative".

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. The agenda includes consideration, under suspension of the rules, of HR 2221 [LOC | WW], the "Data Accountability and Trust Act", and HR 1319 [LOC | WW], the "Informed P2P User Act". See, Rep. Hoyer's schedule for week of December 7.

The Senate will meet at 10:00 AM. It will resume consideration of HR 3590 [LOC | WW], the huge health care bill.

8:30 AM - 3:15 PM. The National Institute of Standards and Technology's (NIST) Technology Innovation Program (TIP) Advisory Board will meet. See, notice in the Federal Register, November 17, 2009, Vol. 74, No. 220, at Pages 59133-59134. Location: NIST, Administration Building, Employees' Lounge, Gaithersburg, MD.

9:00 AM - 6:00 PM. Day one of a three day conference hosted by the Organization of Economic Cooperation and Development (OECD) and Federal Trade Commission (FTC) titled "Empowering E-Consumers: Strengthening Consumer Protection in the Internet Economy". The deadline to request permission to attend is November 27. Attendance is free. The event will be webcast. See, conference web site and schedule. Location: FTC Conference Center, 601 New Jersey Ave., NW.

9:00 AM - 5:00 PM. The American Antitrust Institute (AAI) will host an event titled "Invitational Symposium on the Future of Private Antitrust Enforcement". At 9:30 AM there will be a panel titled "Expanding Empagran". The speakers will include James Fredricks (DOJ Antitrust Division). At 11:00 AM there will be a panel titled "The Legality of Reverse Payments". The speakers will include Seth Bloom (Senate Judiciary Committee staff). Rep. Hank Johnson (D-GA) will give the lunch speech. At 1:45 PM there will be a panel titled "Extending the ACPERA". The speakers will include Scott Hammond (DOJ's Antitrust Division). At 2:30 PM there will be a panel titled "Class Certification in the U.S. and Abroad". At 3:30 PM there will be a panel titled "Twombly's Children". See, Supreme Court's 2007 opinion in Bell Atlantic v. Twombly, 550 U.S. 544, and story titled "Supreme Court Rules in Bell Atlantic v. Twombly" in TLJ Daily E-Mail Alert No. 1,585, May 22, 2007. See, AAI notice. Location: National Press Club, 13th floor, 529 14th St., NW.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division's Economic Analysis Group will host a presentation by Ron Goettler (University of Chicago) and Brett Gordon (Columbia University) titled "Competition and Innovation in the Microprocessor Industry: Does AMD spur Intel to innovate more?". See, paper [53 pages in PDF] with the same title. To request permission to attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: DOJ, Liberty Square Building, 450 5th St., NW.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of December 7, and schedule for December 9.

The Senate will meet at 9:30 AM. It will resume consideration of HR 3590 [LOC | WW], the huge health care bill.

8:30 AM. Day one of a two day partially closed meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC). The agenda for the open portion of this meeting includes a discussion of "Deemed Export Control Methodology". See, notice in the Federal Register, November 24, 2009, Vol. 74, No. 225, at Page 61333. Location: Room 6087B, DOC, Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

8:30 AM - 3:15 PM. The National Institute of Standards and Technology's (NIST) Malcolm Baldrige National Quality Award Board of Overseers will meet. See, notice in the Federal Register, November 17, 2009, Vol. 74, No. 220, at Page 59133. Location: NIST, Administration Building, Lecture Room A, Gaithersburg, MD.

9:00 AM - 5:45 PM. Day two of a three day conference hosted by the Organization of Economic Cooperation and Development (OECD) and Federal Trade Commission (FTC) titled "Empowering E-Consumers: Strengthening Consumer Protection in the Internet Economy". The deadline to request permission to attend is November 27. Attendance is free. The event will be webcast. See, conference web site and schedule. Location: FTC Conference Center, 601 New Jersey Ave., NW.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, November 25, 2009, Vol. 74, No. 226, at Pages 61662-61663. Location: Room 3884, DOC, Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

9:30 AM - 2:00 PM. The National Telecommunications and Information Administration's (NTIA) Commerce Spectrum Management Advisory Committee will meet. See, notice in the Federal Register, November 23, 2009, Vol. 74, No. 224, at Pages 61113-61114. Location: Room 4813, DOC, Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

10:00 AM. The House Judiciary Committee (HJC) will meet to mark up several bills. The second item on the agenda is HR 3190 [LOC | WW], the "Discount Pricing Consumer Protection Act of 2009". See, notice. The HJC will webcast this event. See also, story titled "House Judiciary Committee to Mark Up Bill to Undo Leegin" in TLJ Daily E-Mail Alert No. 2,020, December 3, 2009. Location: Room 2141, Rayburn Building.

10:00 AM. The House Government Oversight and Government Reform Committee's (HOGRC) Subcommittee on Government Management, Organization and Procurement will hold a hearing titled "Protecting Intellectual Property Rights in a Global Economy: Current Trends and Future Challenges". See, notice. The HOGRC will webcast this hearing. Location: Room 2247, Rayburn Building.

10:00 AM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing titled "Five Years After the Intelligence Reform and Terrorism Prevention Act (IRTPA): Stopping Terrorist Travel". See, notice. Location: Room 342, Dirksen Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Department of Homeland Security". The witness will be Janet Napolitano, Secretary of Homeland Security. See, notice. Location: Room 216, Hart Building.

2:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Subcommittee on Terrorism, Nonproliferation and Trade will hold a hearing titled "A Strategic and Economic Review of Aerospace Exports". See, notice. Location: Room 2200, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Research Parks and Job Creation: Innovation Through Cooperation". See, notice. Location: Room 253, Russell Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice [PDF] that requests comments regarding "identifying and remedying barriers to broadband deployment and adoption on Tribal lands". This is to aid the FCC in drafting its "National Broadband Plan". This item is DA 09-2093 in GN Docket Nos. 09-47, 09-51, and 09-137.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of December 7.

8:30 AM. Day two of a two day partially closed meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC). The agenda for the open portion of this meeting includes a discussion of "Deemed Export Control Methodology". See, notice in the Federal Register, November 24, 2009, Vol. 74, No. 225, at Page 61333. Location: Room 3884, DOC, Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

9:00 AM - 5:45 PM. Day three of a three day conference hosted by the Organization of Economic Cooperation and Development (OECD) and Federal Trade Commission (FTC) titled "Empowering E-Consumers: Strengthening Consumer Protection in the Internet Economy". The deadline to request permission to attend is November 27. Attendance is free. The event will be webcast. See, conference web site and schedule. Location: FTC Conference Center, 601 New Jersey Ave., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of S 448 [LOC | WW], the "Free Flow of Information Act of 2009". It also includes consideration of the nominations of Denny Chin (to be a Judge of the U.S. Court of Appeals for the 2nd Circuit), Rosanna Peterson (USDC/EDWash), and William Conley (USDC/WDWisc). The SJC rarely follows is published agendas. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Technical Advisory Committee will meet. See, notice in the Federal Register, November 24, 2009, Vol. 74, No. 225, at Pages 61332-61333. Location: Room 6087B, DOC, Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

1:00 PM. The House Judiciary Committee (HJC) will hold a hearing titled "Examining the State of Judicial Recusals after Caperton v. A.T. Massey". See, July 8, 2009, opinion [40 pages in PDF] of the Supreme Court, and HJC notice. Location: Room 2141, Rayburn Building.

6:00 PM. There will be an event titled "23rd Annual Chairman's Dinner". The reception begins at 6:00 PM. Dinner is at 7:30 PM. FCC Chairman Julius Genachowski will speak. Prices vary. See, registration form [PDF]. Location: Washington Hilton Hotel.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice [4 pages in PDF] regarding online voter registration, online voting, and use to information technologies to make governmental meetings and processes more accessible. This item is DA 09-2431 in GN Docket Nos. 09-47, 09-51, and 09-137. This document states that its purpose is to assist the FCC in drafting a document titled "National Broadband Plan". See also, story titled "FCC Requests Comments on Voting and Democracy" in TLJ Daily E-Mail Alert No. 2,016, November 17, 2009.

Hanukkah begins at sundown.

The House may meet at 9:00 AM. See, Rep. Hoyer's schedule for week of December 7.

12:00 NOON. Deadline to submit initial comments to the Office of the U.S. Trade Representative (OUSTR) regarding the operation, effectiveness, and implementation of, and compliance with, the telecommunications provisions of the World Trade Organization (WTO) General Agreement on Trade in Services, the North American Free Trade Agreement (NAFTA), free trade agreements (FTAs) with Australia, Bahrain, Chile, Morocco, Oman, Peru, and Singapore, and the Dominican Republic -- Central America -- U.S. Free Trade Agreement (CAFTA-DR). See, notice in the Federal Register, November 17, 2009, Vol. 74, No. 220, at Pages 59339-59340.

Deadline to submit written comments to the U.S. Patent and Trademark Office (USPTO) in connection with its November 18, 2009, event titled "Roundtable on Work Sharing for Patent Applications". See, notice in the Federal Register, October 21, 2009, Vol. 74, No. 202, at Pages 54028-54029.

First Day of Hanukkah.

The House will meet the week of December 14-18. See, Rep. Hoyer's release.

10:00 - 11:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Comparing UK and U.S. Innovation Policy". The main speaker will be Digby Jones (United Kingdom). The other speakers will be Rob Atkinson (ITIF), Stephen Ezell (ITIF), Pragnesh Shah (Network Solutions), David Jeppsen (NTT DOCOMO USA), and Mark McCarthy. See, notice. Location: ITIF, 1101 K St., NW.

9:00 AM - 5:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Policy Committee will meet. See, notice in the Federal Register, November 30, 2009, Vol. 74, No. 228, at Page 62572. Location: Washington Marriott Hotel, 22nd and M Streets, NW.

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