5/18. The U.S. International Trade Commission (USITC) released a report [308 pages in PDF] titled "China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U.S. Economy".

This report states that "many U.S. companies have reported that the infringement of their intellectual property rights (IPR) in China, as well as China’s “indigenous innovation” policies, have undermined their competitive positions. IPR infringement -- including violations of copyrights, trademarks, patents, and trade secrets -- reduces market opportunities and profits for U.S. firms in China and other markets, since these firms' products and technologies are forced to compete against sales of illegal, lower-cost imitations."

This report also finds that "China's indigenous innovation policies, which promote the development, commercialization, and procurement of Chinese products and technologies, are of recent origin. In some industries, they appear to have eroded the competitive positions of U.S. and other foreign firms in China while creating new barriers to foreign direct investment (FDI) and exports. More generally, U.S. firms are concerned about the future implications of China's evolving policies in such areas as preferential support to Chinese firms and the implementation of China-specific technical standards."

Sen. Max Baucus (D-MT), the Chairman of the Senate Finance Committee (SFC), which asked the USITC to write this report, stated in a release that "China's unfair practices cost the U.S. billions of dollars and millions of jobs ... Time and time again, China has failed to protect and enforce American intellectual property rights, and it continues to discriminate unfairly against American businesses. We cannot pretend that there aren't real consequences to these violations when these numbers show that millions of American jobs are on the line."

Sen. Orrin Hatch (R-UT), the ranking Republican on the SFC, stated in this release that "Our nation plays by the rules -- so too must China ... I hope the report’s findings spur the Administration to deepen their efforts to meet this challenge."

Robert Holleyman, head of the Business Software Alliance (BSA), stated in a release that "The ITC report confirms what the software industry has long known: The Chinese practice of ignoring the intellectual property rights of US innovators harms our nation, puts a drag on our economy and siphons jobs away from Americans".

He added that "When companies in a high-piracy country like China dodge overhead costs by stealing the software they need to run their operations, they gain an unfair competitive advantage over companies in low-piracy rate countries like the United States."

5/18. Former Rep. Rick Boucher (D-VA) joined the Washington DC office of the law firm of Sidley Austin as head of its government strategies group. Until his election defeat last November, he was one of the Congress's leading authorities on communications and internet technologies, laws and policies.

He represented a district at the western end of the state of Virginia for 28 years. He was first elected in 1982. He lost his seat in the Republican sweep in the November 2, 2010 general elections. See, story titled "Rep. Boucher Loses Election" in TLJ Daily E-Mail Alert No. 2,149, November 2, 2010.

Boucher (at right) was a member of both House Commerce Committee (HCC) and its telecommunications subcommittee, and the House Judiciary Committee (HJC) and its intellectual property subcommittee. He was involved in many of the legislative debates related to information and communications technologies.

Most recently, he was the Chairman of the HCC's Subcommittee on Communications, Technology and the Internet. This subcommittee is now titled Subcommittee on Communications and Technology, and is chaired by Rep. Greg Walden (R-OR).

TLJ spoke with Boucher on May 18. He said that he joined Sidley Austin "a couple of weeks ago", and so far has been involved in "an orientation process". Also, Liz Tucker, who was executive assistant in his Congressional office, has joined him at Sidley Austin.

He will be the head of Sidley Austin's government strategies group (GSG), which will counsel clients "on ways their problems can be solved through federal policy". He said that he will "help craft those strategies", and that he will also have "administrative purview".

Boucher's main areas of experience and expertise lie in information and communications technology, intellectual property, energy, and air quality issues. However, the Sidley Austin GSG  also counsels clients in other areas, including financial services, life sciences, health care, international trade, and environmental issues.

Sidley Austin issued a release in which Boucher stated that "Sidley offers a truly unique opportunity for me to promote the growth of a public policy group that brings together lawyers renowned for their leadership in areas I have focused on for much of my career, such as technology, telecommunications, life sciences, financial services, energy and the environment".

In the early 1990s, he wrote legislation that allowed the first commercial use of the internet. Later in the 1990s, he was one of the most knowledgeable and active members of a group of Representatives and Senators who worked to enact laws, and promote government policies, that would advance the development and use of the internet and information technologies and the economic and social benefits that would flow therefrom.

He also cosponsored tort reform legislation known as the Class Action Fairness Act. He also attempted over many Congresses to enact legislation to limit abusive state business activity taxes.

In recent Congresses he worked to create a data privacy regulatory regime, reform the universal service tax and subsidy programs, and create an incentive spectrum auction process.

He was also one of the House's leading opponents of content industry efforts to increase copyright protection and enforcement. A decade ago he successfully lead efforts to block legislation to create new proprietary interests in collections of data. Subsequently, he worked unsuccessfully to create a fair use exemption to the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA).

5/17. Sen. Harry Reid (D-NV) filed a motion to invoke cloture on the controversial nomination of Goodwin Liu to be a Judge of the U.S. Court of Appeals (9thCir). The Senate is scheduled to vote on this motion on Thursday, May 19, 2011.

He is a law professor at UC Berkeley with numerous opponents who state that he advocates liberal policies, and judicial activism to implement those policies. However, while the 9th Circuit hears many technology related cases, the long running debate over Liu has focused on non-technology related matters. Also, his published works and teaching experience reflect no expertise in any technology related area of law.

Sen. Charles Grassley (R-IA) explained that his opposition Liu is based on "(1) his controversial writings and speeches; (2)an activist judicial philosophy; (3) his lack of judicial temperament; (4) his lack of candor before the Committee, and (5) his limited experience".

Sen. Grassley wrote in his May 18 statement that Liu "seems to favor a social needs-based view of living constitutionalism. His scholarly work argues that judicial decision making should be shaped by contemporary social needs and norms. Notably, he has said that ``the problem for courts is to determine, at the moment of decision, whether our collective values on a given issue have converged to a degree that they can be persuasively crystallized and credibly absorbed into legal doctrine.´´ This is troublesome. Our constitutional framework puts the legislative function in the Congress, not in the courts. It is the legislative function, through the political process, that determines when a particular value is to become part of our law. This is not the duty of judges. The judiciary is limited to deciding cases and controversies, not establishing public policy."

5/17. Sen. Charles Schumer (D-NY) and Sen. Mike Crapo (R-ID) introduced S 1012 [LOC | WW], a bill to amend the Internal Revenue Code of 1986 to repeal the excise tax on telephone and other communications services.

26 U.S.C. § 4251 imposes a 3 percent excise tax on some, but not all, communications services. This tax is sometimes referred to by its opponents as the "Spanish American War tax", since it was originally imposed to help fund that war.

Bills to repeal this tax are introduced, Congress after Congress, but are not enacted.

This bill was referred to the Senate Finance Committee (SFC).

5/5. Rep. Jim Gerlach (R-PA) and Rep. Larry Kissell (R-NC) introduced HR 1773 [LOC | WW], the "Made in America Act of 2011". This bill would, among other things, make the research and development tax credit permanent. See, 26 U.S.C. § 41(h).

The R&D tax credit was first enacted in 1981 as a temporary measure. Since then the Congress has repeatedly extended it for one or a few years. The credit is now set to expire on December 31, 2011. See, story titled "Tax Bill Enacted With R&D Tax Credit Extension" in TLJ Daily E-Mail Alert No. 2,182, December 18, 2010.

This bill would also raise the alternative simplified credit from 14% to 20%.

This bill would also lower the corporate tax rate from 35% to 30%.

This bill would also make permanent the increased expensing for acquisition of property under 26 U.S.C. § 179.

It was referred to the House Ways and Means Committee (HWMC).

5/15. Yahoo and Alibaba released a joint statement: "Alibaba Group, and its major stockholders Yahoo! Inc. and Softbank Corporation, are engaged in and committed to productive negotiations to resolve the outstanding issues related to Alipay in a manner that serves the intersts of all shareholders as soon as possible." Yahoo is a 43% owner of Alibaba, a Chinese e-commerce web site. Alipay is an online payment service spun off by Alibaba.

5/13. Rep. Ed Markey (D-MA) and Rep. Joe Barton (R-TX) introduced HR 1895 [LOC | WW], the "Do Not Track Kids Act of 2011", a bill to revise and expand the Children's Online Privacy Protection Act of 1998 (COPPA), which is codified at 15 U.S.C. §§ 6501-6506. This bill would, among other things, ban the tracking of children for marketing purposes and other child related activities. The two released a discussion draft [32 pages in PDF] on May 6, 2011. See, story titled "Rep. Markey and Rep. Barton Release Draft of Do Not Track Kids Act" in TLJ Daily E-Mail Alert No. 2,236, May 9, 2011.

5/13. The Copyright Office (CO) published a notice in the Federal Register that announces, describes, recites, and sets the effective date (May 13) for, its rules amendments regarding its Registration and Recordation Program. This CO notice states that these are "non-substantive amendments to its regulations to reflect a reorganization that has moved the Recordation function from the Visual Arts and Recordation Division of the Registration and Recordation Program to the Information and Records Division. As a result of this reorganization, the name of the Registration and Recordation Program has been changed to the Registration Program." See, Federal Register, Vol. 76, No. 93, Friday, May 13, 2011, at Page 27898.

5/12. The Recording Industry Association of America (RIAA) announced in a release that record companies and LimeWire reached "an out-of-court $105 million settlement". The RIAA wrote that "The settlement follows a decision by federal district court Judge Kimba Wood last year to shut down LimeWire after she found both the service and Mr. Gorton liable for inducing massive copyright infringement. A jury trial in New York City on the amount of damages to be paid by Mr. Gorton had begun last week."

5/12. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-146 [84 pages in PDF] titled "Cloud Computing Synopsis and Recommendations". The deadline to submit comments is June 13, 2011.

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The Senate will meet at 10:00 AM.

8:30 AM - 3:30 PM. The National Institute of Standards and Technology's (NIST) Technology Innovation Program (TIP) Advisory Board will meet. See, notice in the Federal Register, April 1, 2011, Vol. 76, No. 63, at Pages 18166-18167, and notice in the Federal Register, April 22, 2011, Vol. 76, No. 78, at Pages 22673-22674. Location: NIST, Portrait Room, Building 101, Gaithersburg, MD.

1:00 - 4:00 PM. The Department of Transportation's (DOT) Intelligent Transportation Systems Program Advisory Committee (ITS/PAC) will host a web conference on ITS. The deadline to submit requests to participate is May 11. See, notice in the Federal Register, April 25, 2011, Vol. 76, No. 79, at Page 22940.

4:00 - 5:30 PM. The Information Technology and Innovation Foundation (ITIF) and George Mason University's (GMU) Mercatus Center will host a panel discussion titled "The FCC's Wireless Competition Report: A Preview". The speakers will be Thomas Hazlett (GMU), Harold Feld (Public Knowledge), Joshua Wright (GMU) and Robert Frieden (Penn State University). The Mercatus Center will webcast this event. RSVP to Megan Gandee at 703-993-4967 or mmahan at gmu dot edu. This event will be followed by a reception. See, notice. Location: Founders Hall, Room 111, GMU Arlington Campus, 3351 N. Fairfax Drive, Arlington, VA.

6:00 - 7:30 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Management of Federal Spectrum -- A Guide to NTIA Procedures, Intersecting NTIA/FCC Issues, and Navigating the Maze". CLE credits. The deadline to register is 5:00 PM on May 16. Prices vary. Location: Bingham McCutchen, 2020 K St., NW.

Deadline to submit comments to the Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) Commerce Spectrum Management Advisory Committee regarding matters to be discussed at its May 25, 2011, meeting. See, notice in the Federal Register, April 28, 2011 Vol. 76, No. 82, at Pages 23796-23797.

The Senate will meet at 10:00 AM. It will consider the nomination of Goodwin Liu to be a Judge of the U.S. Court of Appeals (9thCir).

Supreme Court conference day (discussion of argued cases, and decision on cert petitions). Closed.

9:00 AM - 5:30 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Social, Behavioral and Economic Sciences. See, notice in the Federal Register, April 29, 2011, Vol. 76, No. 83, at Page 24062. Location: NSF, 4201 Wilson Boulevard, Stafford II, Room 555, Arlington, VA.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes, for the first time, the just introduced S 968 [LOC | WW], the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011". The agenda again includes consideration of S 623 [LOC | WW], the "Sunshine in Litigation Act". The SJC rarely follows its published agendas. The agenda also includes, for the first time, consideration of five District Court nominees: John Ross (ED Missouri), Timothy Cain (South Carolina), Nannette Brown (ED Louisiana), Nancy Torresen (Maine), and William Kuntz (EDNY). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 PM. The Senate Homeland Security and Governmental Reform Committee (SHSGRC) will hold a hearing titled "Ten Years After 9/11: Is Intelligence Reform Working?: Part II". See, notice. The SHSBRC will webcast this hearing. Location: Room 342, Dirksen Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Consumer Privacy and Protection in the Mobile Marketplace". The witnesses will be David Vladeck (FTC), Bret Taylor (Facebook), Morgan Reed (Association for Competitive Technology), Catherine Novelli (Apple), Alan Davidson (Google), and Amy Shenkan (Common Sense Media). See, notice. Location: Room 253, Russell Building.

11:00 AM - 1:00 PM. The Department of Homeland Security's (DHS) Data Privacy and Integrity Advisory Committee will meet by teleconference. See, notice in the Federal Register, May 4, 2011, Vol. 76, No. 86, at Pages 25361-25362.

12:00 NOON - 1:00 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Life in the Cloud: A View of Cloud Computing for Personal, Business and Government Use". The speakers will be Jeff Bergeron (HP), Karen Kerrigan (Small Business and Entrepreneurship Council), and Robert Atkinson (ITIF). See, notice. Register at hpinnovationrsvp at pstrategies dot com. Location: Room 2203, Rayburn Building, Capitol Hill.

12:30 - 2:00 PM. The DC Bar Association will host a brown bag lunch. The speaker will be Timothy Reif (General Counsel of the Office of the U.S. Trade Representative). Free. No CLE credits. Reporters are barred from this event. See, notice. Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Cyberbullying". Prices vary. CLE credits. See, notice and registration page.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed meeting. Location: Room 219, Hart Building.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics (BOE) will host a seminar presented by Daniel O'Brien (FTC) titled "All-units Discounts and Double Moral Hazard". The FTC's notice does not elaborate. However, when a buyer meets its specified threshold, an all units discount requires that the seller give a per unit rebate to the buyer applied to all units. It is a form of loyalty discount. And, the FTC has alleged that certain loyalty discounts in the tech sector are anticompetitive. See for example, In the Matter of Intel Corporation, FTC Docket No. 9341. For more information, contact Loren Smith lsmith2 at ftc dot gov, Tammy John tjohn at ftc dot gov, or Daniel O'Brien at dobrien at ftc dot gov. Location: FTC, Room 4100, 601 New Jersey Ave., NW.

2:30 - 3:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Ethics of Social Networking". Prices vary. CLE credits. See, notice and registration page.

Deadline to submit comments to the Copyright Office (CO) in response to its proposal to amend its rules to "provide reporting of uses of sound recordings performed by means of digital audio transmissions pursuant to statutory license for the period April 1, 2004, through December 1, 2009". See, notice in the Federal Register, April 19, 2011, Vol. 76, No. 75, at Pages 21833-21835.

9:00 AM - 1:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Social, Behavioral and Economic Sciences. The agenda for May 20 includes consideration of "Cyberinfrastructure Framework for the 21st Century". See, notice in the Federal Register, April 29, 2011, Vol. 76, No. 83, at Page 24062. Location: NSF, 4201 Wilson Boulevard, Stafford II, Room 555, Arlington, VA.

12:30 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch titled "Regulatory Trends and State of Play in Established and Emerging Markets Around the World". The speaker will be Andrew Haire (former Deputy Director-General IDA, Singapore). For more information, contact jennifer at thejgroupplanning dot com. Location: Sidley Austin, 1501 K 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-7511 Rev. 2 [41 pages in PDF] titled "Security Content Automation Protocol (SCAP) Version 1.0 Validation Program Test Requirements".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7696 [32 pages in PDF] titled "Common Platform Enumeration: Name Matching Specification Version 2.3".

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [46 pages in PDF] regarding how its rules and policies could be modified to provide greater economic, market entry, communication adoption opportunities, and incentives for Native Nations. This notice is FCC 11-30 in CG Docket No. 11-41. The FCC adopted it on March 3, 2011, and released the text on March 4, 2011. See, notice in the Federal Register: April 5, 2011, Vol. 76, No. 65, at Pages 18759-18761.

11:30 AM - 3:00 PM. There will be an event titled "Public Purpose Mobile Applications Workshop". For more information, contact Justin Faulb at Faulb at lojlaw dot com or Scott Delacourt at Sdelacourt at wileyrein dot com.  Location: __.

The House will return from its one week May recess. It will meet at 2:00 PM.

12:00 NOON - 2:00 PM. The Technology Policy Institute (TPI) will host a panel discussion titled "Spectrum Incentive Auctions: the Nuts, Bolts and Economics". The speakers will be Lawrence Ausubel (University of Maryland), Peter Cramton (University of Maryland), Evan Kwerel (FCC), and Karen Wrege (Power Auctions).Lunch will be served. This event is free and open to the public. See, notice. Location: Room 2322, Rayburn Building.

5:00 - 6:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing on the FY 2012 intelligence budget. Location: Room 304, Capitol Visitor Center.

6:30 PM. The National Press Club (NPC) and George Washington University's Global Media Institute will host a presentation by Paul Steinle and Sara Brown titled "Who Needs Newspapers? A Report on the Status of Newspapers in the United States". See, notice. RSVP to professionaldevelopment at press dot org or 202-662-7524. Location: NPC, Murrow Room, 529 14th St., NW.

Deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) regarding reducing the burdens that its regulatory requirements impose. See, notice in the Federal Register, March 24, 2011, Vol. 76, No. 57, at Page 16604.

Deadline to submit objections to the Copyright Office (CO) to its "initial list of television stations listed in filed affidavits in which the owner or licensee of the television station attests that the station qualifies as a specialty station in accordance with" the Federal Communications Commission's (FCC) definition. The CO will use the final list "to verify the specialty station status of those television stations identified as such by cable systems on their semi-annual statements of account". See, notice in the Federal Register, April 22, 2011, Vol. 76, No. 78, at Pages 22733-22734.

Deadline to submit reply comments to the Federal Communications Commission (FCC) Notice of Proposed Rulemaking (NPRM) regarding video relay service (VRS) rates. The FCC adopted this item on April 14, 2011, and released it on April 15, 2011. It is FCC 11-62 in CG Docket Nos. 10-51 and 03-123. See, notice in the Federal Register, May 2, 2011, Vol. 76, No. 84, at Pages 24442-24443.

10:00 AM. The Federal Communications Commission's (FCC) Emergency Response Interoperability Center Public Safety Advisory Committee (ERICPSAC) will meet. See, notice in the Federal Register, April 28, 2011, Vol. 76, No. 82, at Page 23810. Location: FCC, Commission Meeting Room.

10:00 AM - 5:00 PM. The Social Security Administration's (SSA) Future Systems Technology Advisory Panel  will meet. See, notice in the Federal Register, Vol. 76, No. 90, Tuesday, May 10, 2011, at Page 27143. Location: Hyatt Regency Crystal City, 2799 Jefferson Davis Highway, Arlington, VA

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on nominations. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Spring Reception". Prices vary. See, notice and registration form [PDF]. Location: Washington Hilton Hotel, 1919 Connecticut Ave., NW.

9:00 AM - 12:00 NOON. The Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) Commerce Spectrum Management Advisory Committee will meet. The deadline to submit written comments is May 18, 2011. See, notice in the Federal Register, April 28, 2011 Vol. 76, No. 82, at Pages 23796-23797. Location: DOC, Room 6029, 1401 Constitution Ave., NW.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Crafting the Trans-Pacific Partnership as a True Model 21st Century Trade Agreement". The speakers will be Grant Aldonas (Split Rock International), Karan Bhatia (General Electric), Robert Atkinson (ITIF), and Stephen Ezell (ITIF). See, notice and registration page. Location: Suite 610A, ITIF/ITIC, 1101 K St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Homeland Security and Emergency Communications Committee will host a brown bag lunch titled "The FCC's Communications Security, Reliability, and Interoperability Council (CSRIC): Challenges and Actions". The speakers will be Jeffery Goldthorp (FCC's Associate Chief for Cybersecurity and Communications Reliability), Stephen Malphrus (Federal Reserve System) and Paula Silberthau (FCC's Office of General Counsel). Location: __.

2:00 - 3:30 PM. The Heritage Foundation (HF) will host a panel discussion titled "Radio Silence in China: VOA Abandons the Airwaves". The speakers will be David Jackson (Burson Marsteller), Maochun Yu (U.S. Naval Academy), Dan Dickey (Continental Electronics Corporation), Huchen Zhang (Voice of America), and Helle Dale (HF). See, notice. Location: HF, 214 Massachusetts Ave., NE.

5:00 PM. Deadline to register to attend the U.S. Patent and Trademark Office's (USPTO) June 1, 2011, hearing regarding its ex parte and inter partes reexamination proceedings. See, notice in the Federal Register, April 25, 2011, Vol. 76, No. 79, at Pages 22854-22861. See also, story titled "USPTO to Hold Hearing on Inter Partes Reexamination Proceedings" in TLJ Daily E-Mail Alert No. 2,226, April 26, 2011.

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.