3/25. Gary Locke, the Secretary of Commerce, gave a speech in Washington DC in which he discussed counterfeiting and piracy abroad, patent reform, commercializing research, and other topics.

Counterfeiting and Piracy Abroad. Locke that there is an "effort" to "crack down on counterfeiting and piracy of U.S. goods abroad".

He said that the level of counterfeiting and piracy abroad with respect to the intellectual property (IP) of U.S. companies is "flatly unacceptable".

Locke (at right) also said that "It is a fundamental priority of the Obama administration and the Department of Commerce to improve our protection of intellectual property worldwide."

He said nothing about the Congress's failure to approve the concluded free trade agreements with Korea, Columbia and Panama in the prepared text of his speech. Nor did he discuss the Obama administration's failure to begin any new bilateral free trade negotiations, the stalled Doha round negotiations, the proposed Anti-Counterfeiting Trade Agreement (ACTA), or the proposed Trans-Pacific Partnership Trade Agreement (TPP).

He also referenced a recent White House news office release and executive order which the Obama administration have labeled "National Export Initiative" or NEI. See, story titled "President Obama Addresses Export Policy" in TLJ Daily E-Mail Alert No. 2,059, March 19, 2010.

He did make a passing reference to IP related talks at a "U.S.-China JCCT meeting". He also said that he has expressed the views of the U.S. positions on these issues in his trip abroad.

Finally, he observed that as companies in other countries "move up the economic value chain, they too will depend on the protection of their intellectual property".

Patent Reform. Locke said that "Another key area is our effort to reform the U.S. patent office at home". He also addressed reforming patent law.

He referenced the U.S. Patent and Trademark Office's (USPTO) backlog of almost 800,000 applications, the "over three years it currently takes to grant or deny a patent application", and the resulting "uncertainty in the marketplace" and "new products not going to market and the more new jobs not being created".

He said the patent pendancy is "flat-out unacceptable", and that he wants it to come down to 12 months "for those applicants who desire it".

"Without clear and ironclad ownership of a patent, it makes it: harder for businesses and entrepreneurs to attract investors; and more likely that patent-holders will be on the receiving end of drawn-out and possibly frivolous litigation", said Locke.

He asserted that "We are on a mission to fix these problems at the patent office", and that David Kappos, the head of the USPTO, is "very capable" and "focused".

But, just what are Locke and Kappos going to do? The only thing that he identified in this speech is that "we are going to continue to work with Congress in the months ahead as they try to pass comprehensive patent reform legislation".

He did not express any opinions about any of the provisions of proposed patent reform legislation.

See, the latest draft [105 pages in PDF] of S 515 [LOC | WW], the "Patent Reform Act of 2009", and story titled "Senators Release Latest Draft of Patent Reform Bill" in TLJ Daily E-Mail Alert No. 2,056, March 5, 2010. See also, HR 1260 [LOC | WW] the "Patent Reform Act of 2009", and story titled "House Members Comment on Senate Patent Reform Legislation" in TLJ Daily E-Mail Alert No. 2,052, March 1, 2010.

Commercializing University Research. Locke said that the DOC is "looking at ways to accelerate the movement of ideas from federally funded labs into the hands of entrepreneurs. Many university-based research centers do a terrific job commercializing technologies. The challenge before us is to make that high-level of performance the standard among all colleges and universities in America."

The Executive Office of the President (EOP) published a notice in the Federal Register on March 25, 2010, that announces the EOP's Office of Science and Technology Policy (OSTP) Request for Information regarding commercialization of university research, and sets the deadline for submitting responses -- April 26, 2010. See, Federal Register, March 25, 2010, Vol. 75, No. 57, at Pages 14476-14478.

He also discussed "high-tech clusters", broadband subsidies, and health information technology standards.

3/15. Rep. Anna Eshoo (D-CA), Rep. John Shimkus (R-IL), and Rep. Steve Kagen (D-WI) introduced HR 4829 [LOC | WW], the "Next Generation 9-1-1 Preservation Act of 2010", on March 11, 2010. On March 15, 2010, Sen. Amy Klobuchar (D-MN) and Sen. Richard Burr (R-NC) introduced S 3115 [LOC | WW], the companion bill in the Senate.

These bills states that its purpose is a "migration from a voice-centric 9-1-1 system to an IP-enabled, Next Generation 9-1-1 emergency response system that uses voice, data, and video services that greatly enhance the capability of 9-1-1 and emergency response services".

These bills would rewrite Section 158 of the National Telecommunications and Information Administration Organization Act, which is codified at 47 U.S.C. § 942. This section pertains to "Coordination of E–911 implementation".

The bills also require that reports be written.

The sponsors issued a joint release. Rep. Shimkus (at right) stated in this release that "This legislation is about more than reauthorizing grant programs, it's about creating and maintaining a coordinated approach to 9-1-1 response technology on a nationwide level ... The Next Generation 9-1-1 technology needs to be fostered and advanced by experts on a national level with the resources to target specific public safety needs."

Sen. Burr, who is not a member of the Senate Commerce Committee (SCC), but was previously a member of the House Commerce Committee (HCC), stated in this release that "Technology has come a long way since the 9-1-1 system was first established, and we must continue to modernize our call centers to keep up with these changes. This legislation will ensure necessary upgrades for the emergency response infrastructure, and will ensure that E9-1-1 fees are used for their intended purposes."

HR 4829 and S 3115 were referred to the HCC and SCC, respectively. Rep. Eshoo, Rep. Shimkus, and Sen. Klobuchar are current members of Commerce Committees.

Legislative History. Section 158 was added to the NTIA Organization Act in the 108th Congress by the "Ensuring Needed Help Arrives Near Callers Employing 911 Act of 2004" or the "ENHANCE 911 Act", which was enacted as part of a large composite bill, which became Public Law No. 108-494. See, story titled "Bush Signs Telecom Bill" in TLJ Daily E-Mail Alert No. 1.045, December 28, 2004.

In 2005, the Federal Communications Commission (FCC), acting in a legislative capacity, extended 911/E911 regulation, which had applied to carriers, to also include interconnected voice over internet protocol (VOIP) service providers. The FCC acted in brutal and discriminatory fashion towards VOIP service providers, and the services that they were offering and developing. The ILECs were pleased.

The FCC adopted its 911 VOIP order on May 19, 2005, and released the text [90 pages in PDF] on June 3, 2005. See story titled "FCC Releases VOIP E911 Order" in TLJ Daily E-Mail Alert No. 1,148, June 6, 2005. See also, stories titled "FCC Adopts Order Expanding E911 Regulation to Include Some VOIP Service Providers", "Summary of the FCC's 911 VOIP Order", "Opponents of FCC 911 VOIP Order State that the FCC Exceeded Its Statutory Authority", and "More Reaction to the FCC's 911 VOIP Order", in TLJ Daily E-Mail Alert No. 1,139, May 20, 2005.

The Congress then passed a bill on the subject, which amended Section 158. On July 23, 2008, President Bush signed into law HR 3403 [LOC | WW], the "New and Emerging Technologies 911 Improvement Act of 2008". It is now Public Law No. 110-283.

Back in 2004 and 2005 the argument was advanced in IT circles that the regulatory regime established by the FCC in 2005 imposed the legacy ILEC emergency response technologies upon new and emerging VOIP based systems. VOIP service providers at the time were developing and integrating new information technology based services into emergency communications. The argument then was that the FCC suppressed this private sector innovation in emergency communications.

There was also the related argument that the regulatory regime established by the FCC placed VOIP service providers at a competition disadvantage. While the VOIP service providers had to adhere to the legacy system, and purchase services from ILECs, there was no requirement that local exchange carriers interconnect with VOIP service providers, no ban on port blocking, and no right of access to the ILECs 911/E911 call centers. Although, the 2008 Act remedied some of the more egregious aspects of the FCC's orders.

Five years ago the FCC and Congress quashed the possibility that a new nationwide emergency communications systems would be advanced by private sector developments in computers, software and VOIP communications. The FCC and Congress arguably sacrificed a revolution in emergency response capabilities in order to preserve a government planned ILEC operated legacy system.

Now, the sponsors of these two bills seek to introduce "innovative services and applications" to emergency communications via federal government planning, and grants to state, local and tribal governments.

3/9. Rep. David Wu (D-OR) introduced HR 4784 [LOC | WW], the "Internet Freedom Act of 2010". It would require that the National Science Foundation (NSF) establish an Internet Freedom Foundation (IFF), which would provide money to entities that develop technologies the "defeat Internet suppression and censorship".

Simultaneously, Rep. Wu and Rep. Chris Smith (R-NJ) announced the founding of the House Global Internet Freedom Caucus.

This bill is a revised and expanded version of HR 4595 [LOC | WW], also titled the "Internet Freedom Act of 2010", which Rep. Wu introduced on February 4, 2010.

This IFF would give grant money and prizes "to private industry, universities, and other research and development organizations to develop deployable technologies to defeat Internet suppression and censorship". The bill authorizes the appropriation of unspecified amounts for this purpose.

The bill defines "Internet suppression" as "censoring, blocking, monitoring, or restricting access to the Internet, or to content made available via the Internet, by using technologies such as firewalls, filters, and `black boxes´."

The bill was referred to the House Science Committee.

Rep. Wu discussed the founding of the bipartisan House Global Internet Freedom Caucus in a release. He said that "digital media technology ... faces a number of threats from those who seek to control information, quell dissent, and censor non-violent free expression. ... it is vital that we continue to uphold the values that underlie our innovation society. In an ever-changing digital world, we must work together to appeal to the better angels of our nature and strive not just for prosperity, but for freedom."

On March 10, 2010, the House Foreign Affairs Committee (HFAC) held a hearing titled "The Google Predicament: Transforming U.S. Cyberspace Policy to Advance Democracy, Security, and Trade".

See also, HR 2271 [LOC | WW], the "Global Online Freedom Act" or "GOFA", introduced by Rep. Smith on May 6, 2009.

And see, HR 4504 [LOC | WW], the "Standards for Internet Non-Censorship Act of 2010", introduced on January 26, 2010, by Rep. Bill Foster (D-IL), and story titled "House Bill Proposes FCC Regulation of Internet Search Providers" in TLJ Daily E-Mail Alert No. 2,045, February 16, 2010.

3/24. Rep. Tammy Baldwin (D-WI) (at left) and others introduced HR 4925 [LOC | WW], the "Healthy Media for Youth Act". This bill would provide for the "award grants to nonprofit organizations" for "educating youth on how to apply their critical thinking skills when consuming media images and messages". The bill would also provide for "research on the role and impact of depictions of girls and women in the media on the psychological, sexual, physical, and interpersonal development of youth". Finally, this bill would require the Federal Communications Commission (FCC) to establish an FCC National Task Force on Girls and Women in the Media. This task force "shall identify ... concerns with how the media regulated by the Federal Communications Commission portrays girls and women ... the impact of negative depictions of girls and women on the development of youth; and ... voluntary steps and goals that the public and private sectors can take to promote healthy and positive media depictions of girls and women". This bill was referred to the House Commerce Committee (HCC).

3/24. Rep. Marcia Fudge (D-OH) and Rep. Vernon Ehlers (R-MI) introduced HRes 1213, a resolution "Recognizing the need to improve the participation and performance of America's students in Science, Technology, Engineering, and Mathematics (STEM) fields" and "supporting the ideals of National Lab Day". It was referred to the House Science Committee (HSC).

3/23. Rep. Adam Smith (D-WA), Rep. Mary Mack (R-CA), and Rep. Howard Coble (R-NC) introduced HRes 1208, a resolution supporting the goals of World Intellectual Property Day. It was referred to the House Judiciary Committee.

3/15. Rep. Yvette Clarke (D-NY), Rep. Bennie Thompson (D-MS), and Rep. Dan Lungren (R-CA) introduced HR 4842 [LOC | WW], a bill to authorize appropriations for the Department of Homeland Security's (DHS) Directorate of Science and Technology of the Fiscal Years 2011 and 2012. It was referred to the House Homeland Security Committee.

3/4. Rep. Gene Taylor (D-MS) and others introduced HR 4759 [LOC | WW], an untitled bill that provides that "the President shall provide to the Governments of Canada and Mexico written notice of withdrawal of the United States from the" North American Free Trade Agreement (NAFTA). It was referred to the House Ways and Means Committee. Rep. Taylor issued a release that states that "NAFTA has cost the United States millions of manufacturing jobs and hurt national security by encouraging companies to move production to Mexico". It adds that "The House of Representatives is expected to vote later this year on whether the United States should remain a member of the World Trade Organization."

3/4. Rep. Rush Holt (D-NJ) and others introduced HR 4769 [LOC | WW], the "Creating Jobs From Innovative Small Businesses Act of 2010". This bill would add a new section to the Internal Revenue Code titled "High Technology Investment Tax Credit". It was referred to the House Ways and Means Committee.

3/4.Rep. Rush Holt (D-NJ) and others introduced HR 4770 [LOC | WW], the "Create Jobs by Expanding the R&D Tax Credit Act of 2010". This bill would increase the size of the research and development tax credit, which is codified at 26 U.S.C. § 41, and provide that it can be transferred. It was referred to the House Ways and Means Committee.

The House will not meet. It will next meet at 2:00 PM on April 13.

The Senate will meet at 9:30 AM for morning business.

RESCHEDULED FOR MARCH 31. 9:00 AM. The Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) will hold a meeting regarding the public safety and homeland security related portions of the FCC's March 16, 2010, staff report [376 pages in PDF] titled "National Broadband Plan". Location: FCC, Commission Meeting Room.

9:30 AM - 12:00 NOON. The Information Technology and Innovation Foundation (ITIF) and the Embassy of Sweden will host a event titled "Health IT Seminar". See, notice. Register with RSVP-hos at foreign dot ministry dot se. Location: Embassy of Sweden, 2900 K St., NW

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet by teleconference to prepare for an April 19-30, 2010, meeting of International Telecommunication Union's (ITU) Telecommunication Standardization Sector's (ITU-T) Study Group 13 (Future networks including mobile and Next Generation Networks). See, notice in the Federal Register, March 9, 2010, Vol. 75, No. 45, at Page 10860.

12:00 NOON. The American Bar Association's (ABA) Antitrust Section will host a brown bag lunch titled "60 Minutes with the Antitrust Division". The speakers will include Christine Varney, William Cavanaugh, and Molly Boast. Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

10:00 PM. 5:00 PM. Extended deadline to submit to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) applications for Comprehensive Community Infrastructure (CCI) projects under the Broadband Technology Opportunities Program (BTOP). See, notice in the Federal Register, March 8, 2010, Vol. 75, No. 44, at Page 10464, and notice in the Federal Register, March 24, 2010, Vol. 75, No. 56, at Page 14131.

Passover begins at sunset.

The House will not meet the week of March 29 - April 2, 2010, or the week of April 5-9, 2010. See, 2010 House calendar.

The Senate will not meet the week of March 29 - April 2, 2010, or the week of April 5-9, 2010. See, 2010 Senate calendar.

3:00 PM. Deadline to submit to the National Institute of Standards and Technology (NIST) a "Letter of Intent" to request grant money under the NIST Construction Grant Program for FY 2010. This $50 Million program subsidizes the construction of research science buildings of colleges, universities, and non-profit science research organizations. See, notice in the Federal Register, March 2, 2010, Vol. 75, No. 40, at Pages 9392-9397.

5:00 PM. Extended deadline to submit to the Rural Utilities Service (RUS) applications under the second round Notice of Funds Availability (NOFA) for the Broadband Initiatives Program (BIP). See, notice in the Federal Register, March 8, 2010, Vol. 75, No. 44, at Pages 10455-10456.

Deadline to submit comments to the Rural Utilities Service (RUS) in response to its Notice of Proposed Rulemaking (NPRM) regarding changing the requirements for Emergency Restoration Plans (ERPs) to include compliance with the requirements established by the Federal Emergency Management Agency (FEMA) for public assistance grant eligibility in the event of a declared disaster. See, notice in the Federal Register, January 26, 2010, Vol. 75, No. 16, at Pages 4006-4007.

8:45 AM - 5:00 PM. Day one of a two day meeting of the National Nanotechnology Coordination Office (NNCO) and the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Nanoscale Science, Engineering, and Technology (NSET) Subcommittee. The meeting will address "science related to environmental, health, and safety aspects of nanomaterials". See, notice in the Federal Register, February 26, 2010, Vol. 75, No. 38, at Pages 9007-9008. Location: Holiday Inn Rosslyn-Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.

9:00 AM - 5:00 PM. Day one of a two day meeting of Department of Energy's (DOE) Office of Science's Advanced Scientific Computing Advisory Committee (ASCAC). The agenda for March 30 includes "Exascale Computing". See, notice in the Federal Register, March 4, 2010, Vol. 75, No. 42, at Page 9887. Location: American Geophysical Union, 2000 Florida Ave., NW.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar presented by James Roberts (Duke University) titled "Entry and Selection in Auctions". For more information, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: DOJ, Liberty Square Building, 450 5th St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking (2ndFNPRM) regarding the Emergency Alert System (EAS) The FCC adopted this item on January 12, 2010, and released the text [23 pages in PDF] on January 14. It is FCC 10-11 in EB Docket No. 04-296. See, notice in the Federal Register, January 29, 2010, Vol. 75, No. 19, at Pages 4760-4768.

8:00 AM - 4:00 PM. Day two of a two day meeting of the National Nanotechnology Coordination Office (NNCO) and the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Nanoscale Science, Engineering, and Technology (NSET) Subcommittee. The meeting will address "science related to environmental, health, and safety aspects of nanomaterials". See, notice in the Federal Register, February 26, 2010, Vol. 75, No. 38, at Pages 9007-9008. Location: Holiday Inn Rosslyn-Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.

9:00 AM - 12:00 NOON. Day one of a two day meeting of Department of Energy's (DOE) Office of Science's Advanced Scientific Computing Advisory Committee (ASCAC). See, notice in the Federal Register, March 4, 2010, Vol. 75, No. 42, at Page 9887. Location: American Geophysical Union, 2000 Florida Ave., NW.

9:30 - 11:30 AM. The Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) will hold a meeting regarding the public safety and homeland security related portions of the FCC's March 16, 2010, staff report [376 pages in PDF] titled "National Broadband Plan". Location: FCC, Commission Meeting Room.

1:00 - 5:00 PM. The Federal Communications Bar Association's (FCBA) Mass Media Committee will host an event titled "Media Regulation and the First Amendment in the 21st Century". The price to attend ranges from $50 to $350. This event qualifies for continuing legal education credits. Location: Newseum, 555 Pennsylvania Ave., NW.

5:00 PM. Deadline to submit nominations to the U.S. Patent and Trademark Office (USPTO) for National Medal of Technology and Innovation awards. See, nomination form [MS Word].

Deadline for the Office of the U.S. Trade Representative (OUSTR) to issue its Section 1377 report 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 initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) requesting comments on the Petition for Rulemaking [18 pages in PDF] regarding 700 MHz band mobile equipment design and procurement practices. This PN is DA 10-278 in RM No. 11592. The FCC released it on February 18, 2010. The Petition was filed on September 29, 2009, by four lower 700 MHz Band A Block licensees. See, notice in the Federal Register, March 1, 2010, Vol. 75, No. 39, at Pages 9210-9211.

Deadline for facilities based carriers that provide international telecommunications services to file a Circuit Status Report with the Federal Communications Commission (FCC). See, notice.

9:00 AM - 6:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Mathematical and Physical Sciences. See, notice in the Federal Register, March 5, 2010, Vol. 75, No. 43, at Page 10328. Location: NSF, RM 375, 4201 Wilson Boulevard, Arlington, VA.

10:00 AM - 12:00 NOON. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Standards Committee's Privacy & Security Workgroup will meet by webcast. See, notice in the Federal Register, March 17, 2010, Vol. 75, No. 51, at Page 12753.

Good Friday.

9:00 AM - 3:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Mathematical and Physical Sciences. See, notice in the Federal Register, March 5, 2010, Vol. 75, No. 43, at Page 10328. Location: NSF, RM 375, 4201 Wilson Boulevard, Arlington, VA.

9:30 - 11:00 AM. The New America Foundation (NAF) will host a panel discussion titled "Can You Hear Me Now? Why Your Cell Phone is So Terrible". This event is free and open to the public. See, notice and registration page. Location: NAF, 1899 L St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7628 [305 pages in PDF] titled "Smart Grid Cyber Security Strategy and Requirements".

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