|DHS Extends REAL ID
12/18. The Department of Homeland Security (DHS)
delayed a REAL ID Act effective date.
This is a statute enacted in 2005 under conditions of legislative intransparency.
Title II federalizes the state identification document process, and mandates state
electronic databases and data sharing. The REAL ID Act sets minimum standards for states,
penalizes states that do not implement its standards, but nevertheless relies upon states
to implement it, at their own cost. See, Division B of
(109th Congress). It is now Public Law No. 109-13.
Most states have balked at
implementation. The DHS maintains a facade of implementation by certifying
non-compliance as compliance, and by extending deadlines ignored by the states.
The DHS stated in a
that "a large majority of states and territories -- 46 of 56 -- have informed
DHS that they will not be able to meet the Dec. 31 REAL ID material compliance
The DHS continues to hopelessly assert that the "May 10, 2011,
deadline for full compliance remains in effect".
On June 15, 2009,
Sen. Daniel Akaka (D-HI) and others introduced
S 1261 [LOC
the "Providing for Additional Security in States' Identification (PASS ID) Act
of 2009". This bill would repeal and replace Title II of the REAL ID Act.
|NIST Solicits Applications for ICT Research
12/15. The National Institute of Standards and
Technology (NIST) published a
notice in the
Federal Register announcing that is seeks applications for grants under numerous
of its grant programs. Several of these subsidize information and communications
technology related research.
The Electronics and Electrical Engineering Laboratory Grants Program (EELP)
applies to "semiconductors, electronic instrumentation, radio-frequency
technology, optoelectronics, magnetics, superconductors, electronic commerce as
applied to electronic products and devices, the transmission and distribution of
electrical power, national electrical standards (fundamental, generally
quantum-based physical standards), and law enforcement standards". (Parentheses
In FY 2009 the NIST gave away a total of $388,383 to five recipients under
the EEEL Grants Program.
The Information Technology Laboratory Grants Program (ITL) applies to
"mathematical and computational sciences, advanced network technologies,
information access, and software testing."
This NIST notice elaborates that "Specific objectives of interest in these
areas of research include: Quantum information theory, computational materials
science, network science, mathematical foundations of measurement science for
information systems, mathematical knowledge management, visual data analysis,
verification and validation of computer models, computational biology, semantic
data integration, software testing, biometrics, human language
technology, interactive systems, multimedia technology, human
factors/security/core requirements/testing of voting systems, information
visualization, systems biology, grid computing, service oriented architecture
and complex systems, security for the IPv6 transition from and coexistence with
IPv4, and device mobility among heterogeneous networks".
In FY 2009 the NIST gave away a total of $797,226 to eight recipients under
the ITL Grants Program.
The Physics Laboratory Grants Program (PL) applies to, among other things, optics.
The NIST gave away a total of $2,566,192 in 21 grants in FY 2009 under the PL Grants
See, Federal Register, December 15, 2009, Vol. 74, No. 239, at Pages 66276-66291.
|Former FBI Worker Pleads Guilty to
Disclosing Communications Intelligence
12/17. Shamai Kedem Leibowitz, aka Samuel Shamai Leibowitz, pled guilty in
U.S. District Court (DMd) to one
count of violation of
18 U.S.C. § 798(a)(3), which pertains to disclosure of classified information.
The Department of Justice (DOJ) stated in a
the Information charged him with "disclosing to an unauthorized person five
FBI documents classified at the ``secret΄΄ level that contained classified information
concerning the communication intelligence activities of the United States".
This Information contains only one substantive sentence,
and no factual details. It states that he "did
knowingly and willfully communicate, furnish, transmit, and otherwise make
available to an unauthorized person classified information concerning the
communication intelligence activities of the United States".
The DOJ added in its release that he gave documents to a blogger, who published them.
However, the DOJ did not disclose the name of the blogger, the subject matter of
the documents, or the nature of Leibowitz's work.
The DOJ and Leibowitz entered into an eight page plea agreement in which they
agreed that 20 months in prison would be an appropriate sentence. However, this
agreement does not disclose any details of the crime or Leibowitz's work. It
does reference a "Sealed Supplement".
20 months is a short sentence for an intelligence espionage case.
The DOJ also stated that Leibowitz worked for the DOJ's Federal Bureau of
Investigation (FBI) "as a contract linguist in an office in Calverton, Md." The
FBI's Cyber Division's
Innocent Images National Initiative, which investigates online child porn
and enticement, is located at 11700 Beltsville Drive, in Calverton, Maryland.
Leibowitz also publishes a web
site titled "Pursuing Justice: Civil rights, international law, religion,
media and current events". He states in this web site that "I am an
Israeli-American attorney, licensed in Israel and the United States. I also work
as a Hebrew-English translator and interpreter."
Section 798(a)(3) provides that "Whoever knowingly and willfully communicates,
furnishes, transmits, or otherwise makes available to an unauthorized person, or
publishes, or uses in any manner prejudicial to the safety or interest of the United
States or for the benefit of any foreign government to the detriment of the United States
any classified information ... concerning the communication intelligence activities of
the United States or any foreign government ... Shall be fined under this title or
imprisoned not more than ten years, or both".
It further defines "communications intelligence" as "all procedures and
methods used in the interception of communications and the obtaining of
information from such communications by other than the intended recipients".
|More Tech Crimes
12/16. The U.S. District Court (DKan) sentenced Leonard Douglas LaDuron to
serve 57 months in prison following his plea of guilty to conspiracy and making
a false statement, in connection with his defrauding of the Federal
Communications Commission's (FCC) waste, fraud and abuse plagued e-rate tax
and subsidy program. See, Department of Justice (DOJ)
12/8. The U.S. District Court (SDCal)
unsealed a 16 count indictment (returned on November 19, 2009) that charges
Jeffrey Steven Girandola and Kajohn Phommavong with violation of
18 U.S.C. § 371 (conspiracy),
18 U.S.C. § 1030(a)(4) (computer fraud),
18 U.S.C. § 1029(a)(2) & (b)(1) (access device fraud), and
U.S.C. § 1028A (aggravated identity theft), in connection with their use of peer to
peer software to obtain the bank account login information and passwords of others.
The Department of Justice (DOJ) stated in a
release that the defendants
"are charged with using the account information and passwords that they obtained by
searching the P2P networks to access the bank accounts of the victims and transfer funds
to prepaid credit cards which they obtained in their own names". It adds that the
"victims include five users of the online payroll system of the United States
Department of Defense".
|OUSTR Seeks Comments on IP and Tech
Issues for Negotiation of Trans Pacific Trade Agreement
12/16. The Office of the U.S. Trade
Representative (OUSTR) published a
notice in the
Federal Register that announces, describes, and requests comments upon, the
negotiation of a Trans-Pacific Partnership (TPP) trade agreement.
This OUSTR announced that it seeks comments upon, among other things,
"Relevant trade-related intellectual property rights issues that should be
addressed in the negotiations". The OUSTR also seeks comments on "electronic
commerce issues", "competition-related matters", and "government
The OUSTR notice states that "the initial TPP negotiating partners include
Australia, Brunei Darussalam, Chile, New Zealand, Peru, Singapore and Vietnam".
However, it adds that the objective of the U.S. is to "expand on this initial
group to include additional countries throughout the Asia-Pacific region".
The deadline to submit comments is January 25, 2010.
|This issue contains the following items:
DHS Extends REAL ID Deadline
NIST Solicits Applications for ICT Research Grants
Former FBI Worker Pleads Guilty to Disclosing Communications Intelligence
More Tech Crimes
OUSTR Seeks Comments on IP and Tech Issues for Negotiation of Trans Pacific
USPTO Seeks Comments on Rules of Practice before the BPAI in Ex Parte Appeals
More IPR News
New items are highlighted in
The House will not meet.
The Senate will meet at 9:45 AM.
It will resume consideration of HR 3590
WW], the huge
health care bill.
10:00 AM. The
Senate Judiciary Committee (SJC)
may hold an executive business meeting. The agenda includes consideration of
the nomination of Rogeriee Thompson to be a Judge of the
U.S. Court of Appeals (1stCir). See,
Location: Room 226, Dirksen Building.
Deadline to submit comments to the
Federal Trade Commission (FTC) regarding its
consent agreement with Panasonic Corporation and Sanyo Electric Co. Ltd. regarding
Panasonic's acquisition of Sanyo, subject to Sanyo's divestment of its assets
relating to the manufacture and sale of portable NiMH batteries to FDK Corporation.
See, notice in the
Federal Register, December 1, 2009, Vol. 229, No. 74, at Pages 62778-62780.
|Friday, December 25
Christmas Day. This is a federal holiday. See, Office of
Personnel Management's (OPM)
page titled "2009 Federal Holidays".
The House will not meet the week of December 28 through
January 1. See, Rep. Hoyer's
release. See also, Section 11 of
Deadline to submit applications to Google for "Google Policy
Fellowships" for the summer of 2010 at various public policy groups. See,
Google notice, and
story titled "Google to Fund Summer Internships at Tech Policy Groups"
in TLJ Daily E-Mail
Alert No. 2,014, November 12, 2009.
|Tuesday, December 29
No events listed.
|Wednesday, December 30
No events listed.
|USPTO Seeks Comments on Rules of Practice
before the BPAI in Ex Parte Appeals
12/22. The U.S. Patent and Trademark Office
(USPTO) published a
notice in the Federal Register that announces, describes, and sets dates and
deadlines for, its rulemaking regarding practice before the
Board of Patent
Appeals and Interferences (BPAI) in ex parte patent appeals.
The USPTO will hold a public roundtable at 9:30 AM on January 20, 2010 in the
USPTO's Madison Auditorium. The deadline to submit requests to participate in
the roundtable is 5:00 PM on January 8, 2010.
The deadline to submit written comments on the USPTO's proposals to modify its rules
is 5:00 PM on February 12, 2010. The deadline to submit written comments on other
matters discussed at the roundtable is 5:00 PM on February 25, 2010.
See, Federal Register, December 22, 2009, Vol. 74, No. 244, at Pages 67987-68004.
This is related to the USPTO's July 30, 2007, notice of proposed rule making
(see, notice in
the Federal Register, July 30, 2007. Vol. 72, No. 145, at Pages 41472-41490),
the USPTO's June 10, 2008, final rule (see,
notice in the
Federal Register, June 10, 2008, Vol. 73, No. 112, at Page 32937-32977), and the
USPTO's December 10, 2008, notice indefinitely extending the effective and
applicability dates of the final rule (see,
notice in the
Federal Register, December 10, 2008, Vol. 73, No. 238, at Page 74972).
The USPTO is considering numerous changes to the June 10, 2008, final rule. The
Federal Register notice states that these are "(1) Deleting portions of the rule
that require the filing of a petition to the Chief Administrative Patent Judge seeking
extensions of time to file certain papers after an appeal brief is filed in an ex parte
appeal or seeking to exceed a page limit; (2) deleting portions of the rule that
require the filing of a jurisdictional statement, table of contents, table of
authorities, and statement of facts in appeal briefs, a table of contents, table of
authorities, and statement of additional facts in reply briefs, and a table of
contents and table of authorities in requests for rehearing filed in ex parte
appeals; (3) deleting portions of the rule that require an appellant to
specifically identify which arguments were previously presented to the Examiner
and which arguments are new; (4) deleting portions of the rule that require
specific formatting requirements and page limits for appeal briefs, reply
briefs, and requests for rehearing; and (5) deleting portions of the rule that
require appellants to provide a list of technical terms and other unusual words
for an oral hearing."
The notice adds that the USPTO "is also considering a revision to the final
rule so that an examiner may continue to enter a new ground of rejection in an
examiner's answer (as is allowed under the current rules). The Office is also
considering not allowing an examiner to file a supplemental examiner's answer in
response to a reply brief. For reasons of administrative efficiency, the Office
is also considering revising the final rule to make clear that the Chief
Administrative Patent Judge, rather than the Board, may remand an application to
the examiner." (Parentheses in original.)
|More IPR News
12/17. The U.S. Patent and Trademark Office
(USPTO) published a
notice in the Federal Register regarding public key infrastructure (PKI)
certificates and use of its Electronic Filing System-Web (EFS-Web). This
notice announces, effective immediately, the expansion of "the procedure for PKI
certificates to permit a holder of a PKI certificate to designate more than one
employee to use the PKI certificate under the direction and control of the
holder in accordance with the revised PKI subscriber agreement and the rules and
policies of the USPTO". See, Federal Register, December 17, 2009, Vol. 74, No.
241, at Pages 66955-66958.
12/16. The Copyright Royalty Judges published a
notice in the Federal
Register that announces, describes, recites, and sets the effective date for, its
proposed rules regarding the rates for the satellite digital audio radio services'
use of the ephemeral recordings statutory license under the Copyright Act, at
17 U.S.C. § 112(e) and
17 U.S.C. § 114, for the period 2007 through 2012. The deadline to submit comments is
January 15, 2010. See, Federal Register, December 16, 2009, Vol. 74, No. 240, at Pages
12/14. The U.S. Patent and Trademark Office
(USPTO) published a
notice in the Federal Register that requests public comments on its proposal
to change its procedure for handling notices of appeal and appeal briefs that
identify fewer than all of the rejected claims as being appealed. This
notice states that "Under the proposed procedure, if appellant files a notice of
appeal, or an appeal brief, that clearly identifies fewer than all of the
rejected claims as being appealed, the non-appealed rejected claims would be
deemed canceled by operation of this action on the part of the appellant as of
the date on which such a notice of appeal, or appeal brief, is filed, regardless
of whether the appellant also files an amendment canceling the non-appealed
rejected claims." The deadline to submit comments in January 13, 2009. See,
Federal Register, December 14, 2009, Vol. 74, No. 238, at Pages 66097-66098.
|About Tech Law
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