5/2. The Office of the U.S. Trade Representative (OUSTR) released it report [53 pages in PDF] titled "2011 Special 301 Report" on the adequacy and effectiveness of other nations' protection of intellectual property rights.

Outline:

1. Summary of Special 301 Process.
2. Summary of 2011 Special 301 Report.
3. Notorious Markets.
4. PRC: Indigenous Innovation.
5. PRC: Online Piracy.
6. PRC: Enforcement and Private Rights of Action.
7. PRC: Standards Development and Patents.
8. Canada
9. Italy
10. India.
11. Reaction of IP Based Industries.
12. Criticism of the Report.

1. Summary of Special 301 Process. This is an annual report, required by statute, prepared by the OUSTR, following the receipts of written comments. The OUSTR also held a public hearing this year, on March 2, 2011.

Large companies, and groups that represent the interests of copyright based industries, and as well as some affected nations, provide comments and information to the OUSTR. Recently, US based interest groups that advocate exceptions to, and limitations upon, intellectual property rights (IPR) have also been participating in the Special 301 report drafting process.

Copies of comments submitted to the OUSTR in this proceeding are published in the federal government's regulations.gov web site. This OUSTR proceeding is numbered USTR-2010-0037.

U.S. law provides for the protection of certain IPR. The U.S. also endeavors to incent other nations to protect the interests of US IPR based industries, through statutory protection, government enforcement, civil remedies, and other means.

The Special 301 process, which was created by the Trade Act of 1974, requires the executive branch to identify countries that fail to protect the IPR and market access of US companies, and take certain actions against those countries. These Special 301 provisions are codified at 19 U.S.C. § 2411, et seq.

Under the Special 301 provisions, the OUSTR identifies other countries that deny adequate and effective protection of IP or deny fair and equitable market access to U.S. artists and industries that rely upon IP protection. It does this primarily in annual reports. However, it also conducts out of cycle reviews (OCRs).

The statute then provides that if the OUSTR determines that "the rights of the United States under any trade agreement are being denied", then the OUSTR "shall take action". For example, it may "impose duties or other import restrictions", or "suspend, withdraw, or prevent the application of, benefits of trade agreement concessions to carry out a trade agreement with the foreign country".

Others tools for obtaining protection for US intellectual property based industries abroad include enforcement of multilateral agreements through the World Trade Organization (WTO) dispute settlement process, urging nations to implement existing agreements, and negotiating of new multilateral treaties, such as the Anti-Counterfeiting Trade Agreement (ACTA), and bilateral free trade agreement with IPR provisions, such as the US Korea FTA.

See, stories titled "ACTA Draft Released", "Summary of ACTA", and "Reaction to ACTA" in TLJ Daily E-Mail Alert No. 2,140, October 11, 2011. See also, story titled "Update on US Korea FTA" in TLJ Daily E-Mail Alert No. 2,230, May 2, 2011.

2. Summary of 2011 Special 301 Report. This report finds that "increased availability of broadband Internet connections around the world ... has also made the Internet an extremely efficient vehicle for disseminating copyright-infringing products".

The report again singles out one nation for lengthy discussion -- the People's Republic of China.

This report also announces that the OUSTR "invites any trading partner appearing on the Special 301 Priority Watch List or Watch List to work with the United States to develop a mutually agreed action plan designed to lead to that trading partner’s removal from the relevant list". (See, page 5.)

Ron Kirk, the U.S. Trade Representative, stated in a release on May 2 that "This year's Special 301 Report comes with a call to action for our trading partners. We are ready to work intensively with you to stop intellectual property theft that threatens IP-related jobs in the United States and other countries".

Kirk (at right) added that "Today's report is a springboard for ambitious and collaborative partnerships in the coming year to strengthen protection for the innovation and creativity that drive jobs and exports for the United States and our partners around the world."

The 2011 report places 12 nations on its Priority Watch List: Algeria, Argentina, Canada, Chile, China, India, Israel, Indonesia, Pakistan, Russia, Thailand, Venezuela.

It places 29 nations on its Watch List: Belarus, Bolivia, Brazil, Brunei, Colombia, Costa Rica, Dominican Republic, Ecuador, Egypt, Finland, Greece, Guatemala, Italy, Jamaica, Kuwait, Lebanon, Malaysia, Mexico, Norway, Peru, Philippines, Romania, Spain, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan, Vietnam.

It also states that there will be an OCR for Italy, "to monitor progress on IPR protection and enforcement, in particular in the area of piracy over the Internet", and an OCR for "notorious markets". The report adds that the "USTR may conduct additional OCRs in consultation with a trading partner as circumstances warrant."

This report states that "Piracy over the Internet is a significant concern with respect to a number of trading partners, including Brazil, Canada, China, India, Italy, Russia, Spain, and Ukraine."

For example, "Unauthorized retransmission of live sports telecasts over the Internet continues to be a growing problem for many trading partners, particularly in China, and ``linking sites´´ are exacerbating the problem. In addition, piracy using new technologies is an emerging problem internationally."

It adds that "U.S. copyright industries also report growing problems with piracy using mobile telephones, tablets, flash drives, and other mobile technologies. In some countries, these devices are being pre-loaded with illegal content before they are sold. In addition to piracy of music and films using these new technologies, piracy of ring tones, ``apps´´, games, and scanned books also occurs."

"Recent developments include the creation of ``hybrid´´ websites that offer counterfeit goods in addition to pirated copyrighted works, in an effort to create a ``one-stop-shop´´ for users looking for cheap or free content or goods."

3. Notorious Markets. Recent OUSTR Special 301 reports have addressed notorious markets. The OUSTR now conducts a separate review for these marketplaces that deal in infringing goods. See, story titled "OUSTR Announces Separate Notorious Markets Process" in TLJ Daily E-Mail Alert No. 2,138, October 4, 2010.

The OUSTR's 2010 Special 301 report [54 pages in PDF], released on April 30, 2010, addressed notorious markets at pages 43-45.

The just released report characterizes its notorious markets review as an OCR.

However, the just released report states that the US "will encourage trading partners to enhance enforcement efforts including, for example, through ... strengthening enforcement against major channels of piracy over the Internet, including notorious markets".

Also, in its discussion of the PRC, the report addresses some of the notorious markets in that country. For example, it states that the US "is also encouraged by media reports that Baidu, recently listed for the fifth year in a row in the USTR Notorious Markets report, will be launching a licensed music search service soon. At this moment it appears that a licensing agreement has only been reached with Chinese rights holders."

It adds that the US "urges Baidu to reach a similar agreement with U.S. rights holders, and eliminate all pirated music from their site. Recent reports also indicate that Baidu has removed 2.8 million items from an online library after Chinese authors complained it was distributing their works without permission. However, the publishing industry continues to report problems involving unauthorized distribution of electronic journals in libraries."

This report does not discuss legislative proposals in the US Congress that relate to notorious markets. Late in the 111th Congress, Sen. Patrick Leahy (D-VT) and others introduced, and the Senate Judiciary Committee (SJC) amended and approved, S 3804 [LOC | WW], the "Combating Online Infringement and Counterfeits Act". Sen. Leahy and others have announced that they will introduce similar legislation in the 112th Congress.

See, story titled Senators Introduce Bill to Enable DOJ to Shut Down Web Sites Dedicated to Infringement", "Bill Summary: Combating Online Infringement and Counterfeits Act", and "Commentary: Combating Online Infringement and Counterfeits Act" in TLJ Daily E-Mail Alert No. 2,132, September 21, 2010.

4. PRC: Indigenous Innovation. The just released report devotes almost seven pages to the PRC, far more than for any other country. As expected, the PRC remains on the Priority Watch List. As in prior reports, it acknowledges commitments from PRC officials, and states that the US looks forward to further progress in IPR protection.

The report expresses concern over the PRC's "indigenous innovation" policy, and policies that "require or encourage U.S. parties to transfer their IPR to Chinese parties or to Chinese subsidiaries of U.S. firms".

It adds that some PRC regulations "call for technology transfer, and in certain cases, condition, or propose to condition, eligibility for government benefits or preferences on intellectual property being owned or developed in China, or being licensed, in some cases exclusively, to a Chinese party".

The report urges the PRC to "abandon" these policies and practices.

It argues that "Innovation will produce greater societal and global gains when market participants, irrespective of their nationality or the places where they may own or develop intellectual property, are able to enjoy the fruits of their investments without the danger that their efforts, including in developing and commercializing intellectual property, will be undermined, or shared with others who did not undertake the initial risk. The United States encourages China to adopt policies that eliminate improper government intervention in intellectual property licensing and other lawful contractual business arrangements, and that welcome exports to and investments in China, irrespective of where the intellectual property in the products and services is owned or developed."

	Hu Jintao EOP Photo, January 19, 2011

The report also notes that at the US China Joint Commission on Commerce and Trade (JCCT) meetings in 2010, at meetings of the JCCT IPR Working Group, and at the meeting in January of 2011 between President Obama and President Hu Jintao (at right), the US "raised its concerns regarding China's indigenous innovation product accreditation system. Notably, President Hu stated that ``China will not link its innovation policies to the provision of government procurement preferences.´´"

The report states that "This is a very important commitment, and the United States looks forward to full implementation of this commitment in all Chinese central, provincial and municipal laws, regulations, rules and regulatory documents that link innovation policies to the provision of government procurement preferences."

5. PRC: Online Piracy. The report also addresses online piracy in the PRC. It states that "It is estimated that there are 457 million Internet users in China, as compared with 223 million in the United States" and that "99% of all music downloads in China are illegal". However, the report documents progress in some areas, particularly online video distribution.

Neil Turkowitz, of the Recording Industry Association of America (RIAA), stated in a release that "The Chinese marketplace, long dominated by piracy, has evolved in precisely the wrong manner. The physical market was decimated by piracy, and digital distribution promised a new beginning. Unfortunately, the digital market now closely resembles its physical counterparts, with theft levels well above 90 percent, fueled principally by the deep-linking, unlicensed music services by companies such as Baidu, Sohu and Xunlei who, as major actors in the Internet space, should know better."

However, Turkowitz acknowledged that the PRC "has recently undertaken some enforcement actions against Baidu, and has committed to reform its legal structure to ensure that those who facilitate copyright infringement like Baidu are held to be as equally liable as those who directly engage in this theft."

6. PRC: Criminal Enforcement and Private Rights of Action. The OUSTR report also addresses the lack of government criminal enforcement actions in the PRC against sellers of counterfeit goods. It references high thresholds for bringing actions, and adds that "fines lack deterrent effect".

On February 15, 2011, the US China Business Council (USCBC) submitted a comment to the OUSTR in which it offered a gloomy perspective of civil remedies in the PRC. It wrote that "companies remain skeptical about the viability of China's courts as an option for battling IPR infringement. Last year, 43 percent of respondents said that China's courts were still not a viable option in any cases, while 54 percent said that they would be viable in some cases. Even when companies are successful, however, fines and punishments for administrative IPR enforcement cases and court cases are often too low to serve as adequate disincentives."

The USCBC comment also reported the results of a survey of its membership. It wrote that "companies report that the overall IPR picture has shown steady improvement, though at a slow pace."

The USCBC also offered recommendations for the PRC for dealing with internet based infringement. It recommended "Drafting and enforcing new rules to define and regulate IPR on the Internet, including use of trademarks on websites, use of websites as platforms for goods, and trademark-related aspects of domain name registration; Increasing the monitoring of Internet sales and distribution channels to crack down on counterfeiting; and Strengthening intermediary liability rules on the Internet for both trademark-infringing goods and copyright piracy."

7. PRC: Standards Development and Patents. The OUSTR report also expresses concern about the PRC's "proposed treatment of patented technology in connection with domestic standards development processes".

It states that the PRC has proposed to "establish the general principle that mandatory national standards should not incorporate patented technologies. However, the draft measures provide that when mandatory national standards incorporate patented technologies, there is the possibility of a compulsory license if a patent holder does not grant a royalty-free license."

The OUSTR report explains that "This differs from the typical practice of accredited standards developing organizations in other countries, which require disclosure of intellectual property in the standards development process and support ``reasonable and nondiscriminatory´´ (RAND) licensing policies with respect to intellectual property that is incorporated into a standard. RAND policies require concerned patent rights holders to make any intellectual property incorporated into the standards that these bodies develop available to all interested parties on RAND terms. Within the standards development process, licensing terms are typically negotiated between the right holder and parties interested in implementing the standards."

8. Canada. Canada is an anomalous nation. It is a developed nation, with intellectual property based industries, and a party to ACTA negotiations. However, it continues draw the ire of US IP based companies for its failure to protect their IPR.

The report maintains Canada on the Priority Watch List for the third year. It notes that "Canadian efforts in 2010 to enact long-awaited copyright legislation were unsuccessful." The report urges Canada to "to make the enactment of copyright legislation that addresses the challenges of piracy over the Internet, including by fully implementing the WIPO Internet Treaties, a priority for its new government".

The RIAA's Neil Turkowitz stated in a release on May 2 that "Canada is virtually alone in the developed world in failing to bring its copyright standards into line with accepted international standards for the digital age. As a direct result, it has become a haven for many unscrupulous individuals and companies wishing to cash in from providing access to illegal content. We hope that Canada’s new government, when installed, will move quickly to address this harmful anachronism." See also, Turkowitz's February 15 comment.

However, concerns extend beyond online copyright infringement. For example, Intel submitted a comment on February 15, 2011, in which it urged the OUSTR to keep Canada on the Priority Watch List because of its failure to protect well know marks.

9. Italy. The report puts Italy on the Watch List, and states that it will be the subject of an OCR.

The report states that "Italy continued to make progress in improving its IPR protection and enforcement in 2010, including by increased cooperation among law enforcement officials and improved enforcement actions against certain types of IPR violations. The United States remains concerned that, overall enforcement against copyright piracy continues to be inadequate and that piracy over the Internet continues to grow, severely damaging the legitimate market for distribution of copyrighted works."

The Entertainment Software Association (ESA) stated in a release that "Italian Internet subscribers were responsible for more P2P file sharing of member titles than any other country in 2010".

The OUSTR report also expresses concern about a "ruling prohibiting the monitoring of peer-to-peer networks".

10. India. The report again puts India on the Priority Watch List.

It states that "India continued to make incremental progress in 2010 to address its IPR legislative, administrative, and enforcement issues. Improvements in 2010 included the introduction of a Copyright Amendment Bill, which may assist in addressing some aspects of the widespread piracy of copyrighted materials on the Internet. However, the bill may not fully implement the WIPO Internet Treaties."

It also urges India to adopt "stronger patent protection" and to "strengthen its criminal enforcement regime".

11. Reaction of IP Based Industries. The groups that represent the interests of US IP based industries, including movies, music, software, and games, praised the OUSTR and its report, and articulated the harms of lack of IPR protection.

Chris Dodd (at left), head of the Motion Picture Association of America (MPAA), stated in a release that "The USTR's Special 301 report is a stark reminder of the challenges facing the strongest and most reliable American exporters -- the creators of filmed entertainment. Movie theft, especially online, is a growing threat -- not only to the 2.4 million men and women working in the motion picture and television community, but also to the health of the American economy as a whole."

Robert Holleyman, head of the Business Software Alliance (BSA), stated in a release that the OUSTR report "underscores the severity of the problem that the software industry faces with rampant piracy in the world's fastest-growing markets ... Prominent on the Administration’s watch lists are countries such as China, Russia, Indonesia, and many others where the IT hardware market is growing rapidly but software piracy is unacceptably high."

He continued that "I applaud the Obama Administration for its ongoing efforts to focus attention on the need for robust intellectual property protection and enforcement to spur technological innovation and economic growth. Given the scale of software piracy around the world, governments must take concrete steps to curb this theft in all its forms. We need to see sustained efforts and a roadmap for progress. That's why a particularly important element of this year's Special 301 report is US Trade Representative Ron Kirk’s call to other governments to come forward with concrete action plans. BSA applauds this initiative."

Michael Gallagher, head of the ESA, which represents computer and video game companies, stated in a release that "One of the fastest ways to get our economy back on track is to incent and reward high value intellectual property like video games ... We thank Ambassador Kirk for his leadership and urge outlying countries to elevate laws and enforcement practices to protect copyrighted works."

Eric Smith, of the International Intellectual Property Alliance (IIPA), stated in a release that the USTR "recognizes the devastating impact copyright piracy -- both online and physical -- has on the continued viability of creative industries in both developed and emerging markets".

He wrote that this report "signals strongly the Administration's commitment to protect our nation's creative industries abroad through strong copyright protection, reducing piracy through more effective enforcement, and toppling market access barriers, steps that will help boost U.S. exports, create good jobs here at home, and contribute to U.S. economic growth, in line with the Administration's goals.

He also wrote that the "IIPA is particularly pleased that in today's announcement, USTR Ron Kirk commits to pay special attention to Internet piracy issues in the coming year." See also, the IIPA's February 15 comment.

12. Criticism of Report. Rashmi Rangnath, of the Public Knowledge (PK), stated in a release that "We are disappointed with the latest Section 301 report."

She wrote that the OUSTR "declined generally to adopt our recommendations that the policy prescriptions be more specific and that countries not be required through the Special 301 process to implement agreements and treaties with which they disagree, such as World Intellectual Property Organization (WIPO) copyright treaty and the Anti-Counterfeiting Trade Agreement (ACTA)."

	Rashmi Rangnath Copyright PK

Rangnath (at right) added that "We are also skeptical about the proposal for the 'mutually agreed upon solution' for intellectual property enforcement with other countries to be taken off of the watch list. The question is how much pressure would be brought to bear on countries to agree to such a solution. We don't know what the process was before nor much about how it would work under this new procedure."

Previously, Rangnath wrote in a comment submitted to the OUSTR on March 9, 2011, that "rights holder comments have typically viewed intellectual property laws only as a means of providing them with exclusive rights, and regarded skeptically any country's limitations and exceptions to those rights. However, U.S. law, as well as the laws of many other countries, not only protect owners' rights but also provide users with rights intended to advance culture, learning, and innovation. Protection of intellectual property rights or fair market access are not inconsistent with these limitations and exceptions."

She expressed particular concern about the inclusion of Canada, Chile and India on the Priority Watch List.

The PK and Electronic Frontier Foundation (EFF) submitted a joint comment on February 15, 2011, in which they argued that "the USTR should consider the economic effects of its determination on all constituencies, not only large copyright holders."

They continued that "constituents as varied as libraries, teachers, students, individual innovators, documentarians, and cover artists are all able to contribute to society by utilizing the limitations and exceptions in U.S. copyright law. By pressuring other countries to omit limitations and exceptions in their domestic copyright law, the USTR prevents U.S. constituencies from marketing their works internationally and from making lawful uses of foreign works domestically." (Footnote omitted.)

See also, February 15, 2011, comment submitted by Knowledge Ecology International.

4/29. Rep. John Boehner (R-OH), the Speaker of the House, and Rep. Eric Cantor (R-VA), the House Majority Leader, sent a letter to Karen Haas, the Clerk of the House of Representatives, regarding electronic publication of House documents and data.

They wrote that "At the start of the 112th Congress, the House adopted a Rules Package that identified electronic documents as a priority for the institution. Towards that end, we are asking all House stakeholders to work together on publicly releasing the House's legislative data in machine-readable formats."

"The Rules of the House, adopted on the opening day of this Congress, directed the Committee on House Administration to establish and maintain electronic data standards for the House and its committees. We have asked that this standard be developed in conjunction with your office for the purpose of transitioning the House to more open data formats, such as XML."

They added that "We believe that this legislative data, using standardized machine-readable formats, should be publicly available on House websites. The Clerk’s office should work to ensure the consistent public availability and utility of the House’s legislative data."

5/2. Sen. Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee (SJC), stated in a release issued following the death of Osama bin Laden that "We should also stand united in our commitment to the rights and principles that define us as a democratic Nation that respects the rule of law. That is what distinguishes us from those who seek to harm us, it is what will ultimately enable us to succeed against them, and it is what people around the world expect of us."

Sen. Leahy continued that "Regrettably, the September 11 attacks, and other acts of international terrorism, have often been used to justify policies which strayed dangerously from those rights and principles."

Sen. Leahy is the sponsor of S 193 [LOC | WW], the "USA PATRIOT Act Sunset Extension Act of 2011". He was the sponsor of a similar bill in the 111th Congress, S 1692 [LOC | WW], the "USA PATRIOT ACT Sunshine Extension Act".

These bills would extend the sunsets on several provisions of the USA PATRIOT Act, and address standards, accountability, and oversight, for the purpose of limiting government abuse of surveillance authority.

For more on these bills, see story titled "Senate Judiciary Committee to Consider Sen. Leahy's Surveillance Bill" in TLJ Daily E-Mail Alert No. 2,197, February 16, 2011, and story titled "Holder Writes Sen. Leahy Regarding Surveillance" in TLJ Daily E-Mail Alert No. 2,177, December 13, 2010.

5/2. The Senate confirmed Kevin Sharp to be a Judge of the U.S. District Court (MDTenn) by a vote of 89-0. See, Roll Call No. 62.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It will consider non-technology related items. See, Rep. Cantor's schedule for the week.

The Senate will meet at 10:00 AM.

9:00 AM - 1:00 PM. The Federal Communications Commission (FCC) will host an event titled "Earthquake Communications Preparedness Forum". The speakers will include Masaru Fujino (Counselor, Embassy of Japan), Craig Fugate (Federal Emergency Management Agency Administrator), and James Barnett (Chief of the FCC's Bureau of Public Safety and Homeland Security). See, FCC release. Location: FCC, Commission Meeting Room.

9:30 AM. The House Oversight and Government Reform Committee will hold a hearing titled "Presidential Records in the New Millenium: Updating the Presidential Records Act and Other Federal Recordkeeping Statutes to Improve Electronic Records Preservation". See, notice. Location: Room 2154, Rayburn Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, Science, and Related Agencies will hold a hearing on the FY 2012 budget request for the Office of Science and Technology Policy (OSTP). Location: Room H-309, Capitol Building.

10:00 AM - 12:00 NOON. The House Intelligence Committee (HIC) will hold a closed hearing titled "Consolidated Cryptologic Program FY 20012 Budget Overview". See, notice. Location: Room HVC-304, Capitol Visitor Center.

10:00 AM - 12:00 NOON. The Senate Banking Committee (SBC) will hold a hearing on several pending nominations, including that of David Cohen to be Under Secretary for Terrorism and Financial Crimes at the Department of the Treasury. See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Cybersource Corp. v. Retail Decisions, Inc., App. Ct. No. 2009-1358, an appeal from the U.S. District Court (NDCal) in a business method patent case involving a method and system for detecting fraud in a credit card transaction between a consumer and a merchant over the internet. Location: Courtroom 402, 717 Madison Place, NW.

10:15 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Oversight Hearing on the United States Department of Justice". The witness will be Attorney General Eric Holder. See, notice. Location: Room 2141, Rayburn Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "White House Transparency, Visitor Logs and Lobbyists". The witnesses will be Tom Fitton (Judicial Watch), John Wonderlich (Sunlight Foundation), and Anne Weismann (Citizens for Responsibility and Ethics in Washington). See, notice. The House Oversight and Government Reform Committee is also investigating this issue, and in particular, FCC Chairman Julius Genachowski's frequent White House visits. Location: Room 2322, Rayburn Building.

12:15 - 1:30 PM. The DC Bar Association and the Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "Consumer Privacy -- Is there an App for That?". The speakers will be Jennifer Archie (Latham & Watkins), Angela Giancarlo (Chief of Staff to FCC Commissioner Robert McDowell), Karen Neuman (Roty Neuman & Olsen), Patricia Poss (FTC), Jenell Trigg (Lerman Senter), and Andrea Williams (CTIA). See, DC Bar notice. Free. No CLE credits. The DC Bar has a history of barring reporters from its events. Location: Latham & Watkins, Suite 1000, 555 11th St., NW.

2:00 - 3:00 PM. The Department of Commerce's (DOC) National Advisory Council on Innovation and Entrepreneurship (NACIE) will hold a teleconferenced meeting regarding access to capital. For listening, the call in number is 888-942-9574, and the passcode is 6315042. See, notice in the Federal Register, April 20, 2011, Vol. 76, No. 76, at Page 22078.

3:00 - 4:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Medical Data Innovation: Building the Foundations of a Health Information Economy". The speakers will be Cathy Betz (Wolters Kluwer Pharma Solutions), Marc Rodwin (Suffolk University law school), Ann Waldo (Wittie Letsche & Waldo), and Daniel Castro (ITIF). See, notice and registration page. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding implementation of S 30 [LOC | WW], the "Truth in Caller ID Act. This statute prohibits caller ID spoofing, but only if the purpose is to defraud or cause harm. See, stories titled "Obama Signs Truth in Caller ID Act" in TLJ Daily E-Mail Alert No. 2,187, December 23, 2010, and "House Passes Truth in Caller ID Act" in TLJ Daily E-Mail Alert No. 2,180, December 16, 2010. The FCC adopted and released this NPRM on March 9, 2011. It is FCC 11-41 in WC Docket No. 11-39. See, notice in the Federal Register, March 23, 2011, Vol. 76, No. 56, at Pages 16367-16375.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It will consider non-technology related items. See, Rep. Cantor's schedule for the week.

8:00 AM - 5:00 PM. The Computer and Communications Industry Association (CCIA) will host an event titled "Washington Caucus". The speakers will include Sen. Ron Wyden (D-CA), Rep. Bob Goodlatte (R-VA), Rep. Mike Honda (D-CA), Rep. Anna Eshoo (D-CA), Rep. Doris Matsui (D-CA), Rep. Zoe Lofgren (D-CA), and Rep. Maxine Waters (D-CA). The speakers will also include Larry Strickling (head of the NTIA) and Julie Brill (FTC Commissioner). See, notice. Members can register by contacting mclark at ccianet dot org. Reporters can register by contacting hgreenfield at ccianet dot org. Location: Newseum, 7th floor, 555 Pennsylvania Ave., NW.

8:30 AM - 4:15 PM. The U.S. China Economic and Security Review Commission will host a hearing titled "China's Intellectual Property Rights and Indigenous Innovation Policy". See, notice in the Federal Register, April 25, 2011, Vol. 76, No. 79, at Page 22945. Location: Room 485, Russell Building, Capitol Hill.

9:00 - 10:30 AM. There will be an event titled "Nanotechnology: The Huge Challenge of Regulating Tiny Technologies". See, notice. For more information, contact Lisa Wolfe at 919-316-3596 or lbistreich at rti dot org. Location: Ballroom, National Press Club.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing, and Trade will hold a hearing titled "The Threat of Data Theft to American Consumers". The witnesses will be David Vladeck (Director of the FTC's Bureau of Consumer Protection), Pablo Martinez (Deputy Special Agent in Charge of the Secret Service's Criminal Investigative Division), Justin Broookman (Center for Democracy and Technology), and Eugene Spafford (Purdue University). See, notice. Location: Room 2322, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Department of Justice". The witness will be Attorney General Eric Holder. See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing titled "ICANN Generic Top-Level Domains (gTLD) Oversight Hearing". The witnesses will be Kurt Pritz (ICANN), Mei-lan Stark (International Trademark Association), Michael Palage (Pharos Global), Steven Metalitz (Mitchell Silberberg & Knupp), Steve DelBianco (NetChoice), and Joshua Bourne (CADNA). See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Financial Services will hold a hearing on the FY 2012 budget requests of the Securities and Exchange Commission (SEC) and the Commodities Futures Trading Commission (CFTC). See, notice. Location: Room 138, Dirksen Building.

POSTPONED. 10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "The U.S. -- China Relationship: Charting a New Course Forward". The witness will be Henry Kissinger. See, notice. Location: Room 215, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will meet to mark up HR 1425 [LOC | WW], the "Creating Jobs Through Small Business Innovation Act of 2011". The HSC will webcast this event. See, notice. Location: Room 2318, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Powertech Technology, Inc. v. Tessera, Inc., App. Ct. No. 2010-1489, a patent case involving semiconductor chip technology. Location: Courtroom 201, 717 Madison Place, NW.

12:15 - 1:30 PM. The DC Bar Association will host a panel discussion titled "Universal Service and Intercarrier Compensation Reform: Addressing the Elephant in the Room". The speakers will be Rebekah Goodheart (FCC), Carol Mattey (FCC), Rick Brecher (Greenberg Traurig), Eric Einhorn (Windstream), Chris Miller (Verizon), Glenn Richards (Pillsbury Winthrop Shaw Pittman). Prices vary. No CLE credits. The DC Bar has a history of barring reporters from its events. See, notice. Location: Pillsbury, 2300 N St., NW.

1:00 PM. The US Telecom will host a webcast presentation titled "The FCC Pole Attachment Order: New Rules and Opportunities". This speakers will be Kevin Rupy (USTelecom) and Robert Primosch (Wilkinson Barker Knauer). This event is free and open to the public. See, notice. See also, the Federal Communications Commission's (FCC) April 7, 2011, Report and Order and Order on Reconsideration [144 pages in PDF]. It is FCC 11-50 in WC Docket No. 07-245 and GN Docket No. 09-51.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of William Kuntz (to be a Judge of the U.S. District Court or the Eastern District of New York), John Ross (USDC/EDMo), Timothy Cain (USDC/DSCar), Nannette Brown (USDC/EDLa), and Nancy Torresen (USDC/DMaine). See, notice. The SJC will webcast this hearing. Location: Room 226, Dirksen Building.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding the Universal Service Fund (USF) Mobility Fund and tribal issues. The FCC released this PN on April 18, 2011. It is DA 11-702 in WT Docket No. 10-208. See, notice in the Federal Register, April 21, 2011, Vol. 76, No. 77, at Pages 22340-22342.

The House will meet at 9:00 AM for legislative business. It will consider non-technology related items. See, Rep. Cantor's schedule for the week.

9:00 AM - 5:00 PM. The Federal Communications Commission's (FCC) Video Programming and Accessibility Advisory Committee will meet. See, notice in the Federal Register, April 7, 2011, Vol. 76, No. 67, at Pages 19356-19357. Location: FCC, 445 12th St., SW.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing titled "Ensuring Competition on the Internet: Net Neutrality and Antitrust". The witnesses will include FCC Chairman Julius Genachowski and FCC Commissioner Robert McDowell.  See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nominations of Virginia Seitz (to be Assistant Attorney General in charge of the Department of Justice's (DOJ) Office of Legal Counsel), Donald Verrilli (DOJ Solicitor General), Lisa Monaco (AAG in charge of the DOJ's National Security Division), Bernice Donald (Judge of the U.S. Court of Appeals (6thCir)), Henry Floyd (USCA/4thCir), Kathleen Williams (USDC/SDFl), Nelva Ramos (USDC/SDTex), Richard Jackson (USDC/DColo), and Sara Darrow (USDC/CDIll). The agenda also again includes consideration of S 623 [LOC | WW], the "Sunshine in Litigation Act". The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Commerce Committee (SCC) will meet to mark up numerous bill. None are technology related. See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee's (SHSGAC) Subcommittee on Disaster Recovery and Intergovernmental Affairs will hold a hearing titled "Understanding the Power of Social Media as a Communications Tool in the Aftermath of Disasters". See, notice. Location: Room 349, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Spread Spectrum Screening LLC v. Eastman Kodak Company, App. Ct. No. 2011-1019, an appeal from the U.S. District Court (WDNY) in a patent infringement case involving printing technology. Location: Courtroom 402, 717 Madison Place, NW.

10:00 - 11:30 AM. The Brookings Institution will host a panel discussion titled "Bridging the Digital Divide: Spectrum Policy, Program Diversity and Consumer Rights". The speakers will be Darrell West (Brookings), Matthew Hussey (office of Sen. Olympia Snowe (R-ME)), Uzoma Unyeije, and Christopher Ornelas (National Association of Broadcasters). See, notice. Location: Brookings, 1775 Massachusetts Ave., NW.

1:00 - 5:00 PM. The Federal Communications Bar Association's (FCBA) Mass Media Committee will host an event titled "Focus on the First Amendment". CLE credits. The price to attend ranges from $50 to $350. The deadline to register is 12:00 NOON on May 3. Location: Newseum, 555 Pennsylvania Ave., NW.

Deadline to submit comments to the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB) in response to its Public Notice (PN) [13 pages in PDF] requesting comment on draft rules and interim procedures regarding the environmental effects of proposed communications towers on migratory birds. This PN is DA 11-558 in WT Docket Nos. 08-61 and 03-187. The FCC released it on March 25, 2011. See, notice in the Federal Register, April 5, 2011, Vol. 76, No. 65, at Pages 18679-18684.

Deadline for the Federal Communications Commission (FCC) to respond to the April 20, 2011, letter [PDF] from the House Commerce Committee (HCC) regarding the public safety equipment and device market. See, story titled "Representatives Write FCC Re Motorola Dominance in Public Safety Market" in TLJ Daily E-Mail Alert No. 2,226, April 26, 2011.

The House will not meet. See, Rep. Cantor's schedule for the week.

8:30 AM - 5:00 PM. The National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering will meet. See, notice in the Federal Register, April 11, 2011, Vol. 76, No. 69, at Pages 20051-20052. Location: 4201 Wilson Blvd., Room 1235, Arlington, VA.

9:30 - 10:30 AM. The Washington International Trade Association (WITA) will host a panel discussion titled "Trade 101: Free Trade Agreements". The speakers will be from the Congressional Research Service: Bill Cooper (speaking on the Korea FTA), Angeles Villareal (Colombia FTA), and Jeff Hornbeck (Panama FTA). See, notice. Breakfast will be served. Location: Room B-354, Rayburn Building.

10:30 AM - 4:30 PM. The Federal Communications Commission's (FCC) Emergency Access Advisory Committee (EAAC) will hold a meeting regarding access to 911 emergency services by individuals with disabilities. See, April 13, 2011, Public Notice and notice in the Federal Register, April 20, 2011, Vol. 76, No. 76, at Pages 22102-22103. Location: FCC, 1st Floor, 1-South Conference Room, 445 12th St., SW.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will host a panel discussion titled "The FCC’s Revised Ex Parte and Procedural Rules". The speakers will be Austin Schlick (FCC General Counsel), Julie Veach (FCC Deputy General Counsel), Bill Cline (FCC's Consumer & Governmental Affairs Bureau), David Solomon (Wilkinson Barker Knauer), and Howard Weiss (Fletcher Heald & Hildreth). Location: FCC, Commission Meeting Room.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice of proposed rulemaking (NPRM) regarding revising the patent term adjustment and extension provisions of the rules of practice in patent cases. See, notice in the Federal Register, April 6, 2011, Vol. 76, No. 66, at Pages 18990-18995.

Deadline to submit written comments pertaining to, and deadline to submit requests to attend, the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Office of Law Enforcement Standards (OLES) and the Department of Homeland Security's (DHS) Office for Interoperability and Compatibility (OIC) May 13, 2011, meeting regarding testing for conformity with interoperability standards for public safety communications. This meeting pertains to Project 25 (P25). These agencies state that "An initial goal of P25 is to specify formal standards for interfaces between the components of a land mobile radio (LMR) system. LMR systems are commonly used by emergency responders in portable handheld and mobile vehicle-mounted devices. Although formal standards are being developed, no process is currently in place to confirm that LMR equipment advertised as P25-compliant meets all aspects of P25 standards." See, notice in the Federal Register, April 29, 2011, Vol. 76, No. 83, at Pages 23992-23993.

10:00 AM - 12:00 NOON. The Copyright Clearance Center (CCC) will host a panel discussion titled "Copyright & Commerce: Guarantees or Promises?". The speakers will include Marybeth Peters, Jon Baumgarten (Proskauer Rose), and Katharine Weymouth (Publisher of the Washington Post). See, notice. Location: Newseum, Knight Studio, 555 Pennsylvania Ave., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch for planning and elections. For more information contact Micah Caldwell at mcaldwell at eapdlaw dot com or Mark Brennan at mark dot brennan at hoganlovells dot com. Location: Hogan Lovells, 555 13th St., NW.

Deadline for Apple and other companies to respond to the April 25, 2011, letter [PDF] from Rep. Fred Upton (R-MI) and other House Commerce Committee (HCC) members regarding location data collection by cell phones and tablets. See also, letter to Google, letter to Microsoft, letter to Nokia, letter to Research in Motion, and letter to Hewlett Packard (HP). And see, story titled "House Republicans Write Apple and Others Re Cell Phone and Tablet Location Data Collection" in TLJ Daily E-Mail Alert No. 2,225, April 25, 2011.

8:00 -10:00 AM. Broadband Census News LLC will host a panel discussion titled "Digital Video Recorders, the Cablevision Decision, and Industry Licensing Agreements". Breakfast will be served. See, notice and registration page. This event is also sponsored by the National Cable & Telecommunications Association (NCTA) and the Public Knowledge (PK). Location: Clyde's of Gallery Place, 707 7th St., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Feature Group IP West v. FCC, App. Ct. No. 10-1257, a petition for review of orders of the Federal Communications Commission (FCC) denying a petition for forbearance from applying certain FCC rules regarding intercarrier compensation. See, FCC's brief [70 pages in PDF]. Judges Tatel, Griffith, and Randolph will preside. Location: Courtroom 11, 333 Constitution Ave., NW.

10:00 AM. The Senate Judiciary Committee's (SJC) Subcommittee on Privacy, Technology and the Law will hold a hearing titled "Protecting Mobile Privacy: Your Smartphones, Tablets, Cell Phones and Your Privacy". The SJC will webcast this hearing. See, SJC notice. See also, April 20 letter from Sen. Al Franken (D-MN) to Apple CEO Steve Jobs, and story titled "Sen. Franken Writes Steve Jobs Regarding Location Data Retention by iPhones and 3G iPads" in TLJ Daily E-Mail Alert No. 2,224, April 20, 2011. Location: Room 226, Dirksen Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (NPRM) [58 pages in PDF] regarding development of a technical interoperability framework for a nationwide public safety broadband network in the 700 MHz band. The FCC adopted this NPRM on January 25, 2011, and released the text on January 26, 2011. It is FCC 11-6 in PS Docket No. 06-229, WT Docket 06-150, and WP Docket 07-100. See, notice in the Federal Register, February 24, 2011, Vol. 76, No. 37, at Pages 10295-10299.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to some portions of its Notice of Proposed Rulemaking (NPRM) [139 pages in PDF] regarding changes to the two universal service tax and subsidy programs titled "Lifeline" and "Link Up". The FCC adopted this NPRM on March 3, 2011, and released the text on March 4, 2011. It is FCC 11-32 in WC Docket Nos. 11-42 and 03-109, and CC Docket No. 96-45. See, notice in the Federal Register, March 23, 2011, Vol. 76, No. 56, at Pages 16481-16519.

Deadline to submit requests to participate in the Department of Transportation's (DOT) Intelligent Transportation Systems Program Advisory Committee's (ITS/PAC) web conference on ITS. See, notice in the Federal Register, April 25, 2011, Vol. 76, No. 79, at Page 22940.

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