7/21. The House Science Committee (HSC) approved HR 2096 [LOC | WW], the "Cybersecurity Enhancement Act of 2011". See, HSC release.

Rep. Michael McCaul (R-TX) and Rep. Dan Lipinski (D-IL) introduced this bill on June 2, 2011. Rep. McCaul issued a release after HSC passage that states that this bill "will help harden federal networks, spur research and development, build our American cyber workforce and enable the government, universities and private sector to collaborate more easily".

This bill includes amendments to Chapter 100 of Title 15 of the U.S. Code, which pertains to "Cyber Security Research and Development".

This bill authorizes appropriations for grants for Fiscal Years 2012, 2013, and 2014, totaling $270 Million, for research regarding computer and network security.

It creates a cyber security scholarship program, and requires a report that assesses the cyber security work force.

It requires the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP) to "convene a task force to explore mechanisms for carrying out collaborative research and development activities for cybersecurity through a consortium or other appropriate entity with participants from institutions of higher education and industry".

It directs the National Institute of Standards and Technology (NIST) to conduct research regarding identity management, including "interoperability among identity management technologies" and "authentication methods of identity management systems". The NIST has a Computer Security Division (CSD).

This bill also directs the NIST to "conduct a research program to develop a unifying and standardized identity, privilege, and access control management framework for the execution of a wide variety of resource protection policies and that is amenable to implementation within a wide variety of existing and emerging computing environments".

Sen. Robert Menendez (D-NJ) introduced the companion bill in the Senate, S 1152 [LOC | WW], also titled the "Cybersecurity Enhancement Act of 2011", on June 7, 2011. It was referred to the Senate Commerce Committee (SCC), which has taken no action on this bill.

7/22. The House Judiciary Committee (HJC) is scheduled to mark up four bills at its two day meeting set for July 27 and 28, 2011, including data retention and bullying bills. See, HJC notice.

The HJC usually takes up bills on its agenda in the order in which they are listed. The first item on the agenda is HR 1981 LOC | WW], the "Protecting Children From Internet Pornographers Act of 2011", a bill to mandate data retention.

See, stories titled "House Crime Subcommittee Holds Hearing on Data Retention Bill", "Summary of HR 1981, Data Retention Bill", and "Summary of Existing Data Retention Mandates" in TLJ Daily E-Mail Alert No. 2,257, July 13, 2011.

The fourth item on the agenda is HR 83 [LOC | WW], the "Bullying Prevention and Intervention Act of 2011".

Rep. Sheila Lee (D-TX) introduced this bill on January 5, 2011. It allows for federal money to be given to state and local governments for "bullying prevention and intervention programs".

It defines bullying as "behavior by juvenile against another juvenile", including, among other things, "Verbal acts, name-calling, and graphic and written statements that may be threatening, harmful, or humiliating and which may include use of cell phones, the Internet, and other forms of electronic communication".

HR 83 would merely provide grant funding. It would not create any new crime of bullying, ban any activities, or impose any direct or secondary liability upon service providers or intermediaries.

7/21. The U.S. Patent and Trademark Office (USPTO) announced in a release that that it has entered into a Memorandum of Understanding (MOU) with the Jiangsu Provincial People's Government in the People's Republic of China (PRC).

This release states that "This MOU marks the first time USPTO has entered into an agreement with a provincial government."

David Kappos (at right), head of the USPTO, stated in this release that "The purpose of this MOU is to establish a general framework for future cooperation", and that "The activities contemplated under the agreement are aimed at improving enforcement and collaboration on intellectual property matters through exchanges of information, capacity building, and other educational activities."

The USPTO did not release the MOU. TLJ requested from the USPTO a copy of the MOU, or in the alternative, a summary. The USPTO refused.

The USPTO's release does not describe its contents. It does not even disclose whether the MOU addresses patents, trademarks, copyrights, or web sites dedicated to infringing activity.

The Office of the U.S. Trade Representative (OUSTR) stated in its 2010 Special 301 Report, released on April 30, 2010, that "Jiangsu province, with its focus on promoting high technology, has demonstrated its recognition of the importance of IPR protection, including through a Suzhou court's criminal sentences in a high-profile software piracy case."

The OUSTR wrote in its 2008 Special 301 Report that "Jiangsu Province is another large-scale manufacturing center in China. Jiangsu has been recognized for innovative and proactive IPR protection and enforcement efforts, including promulgation of local regulations and policies, and engagement with domestic and foreign institutions on IPR training and cooperation. In early 2007, Jiangsu officially entered into a cooperative IPR program with the U.S. Chamber of Commerce."

Jiangsu Province is located on the east coast, to the north of Shanghai, and south of Shandong Province. It includes the cities of Nanjing, Suzhou, Wuxi, Yangzhou, Changzhou, Zhenjiang, and Nantong.

7/21. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register that announces, describes, recites, and sets the comments deadline for, its proposed rules changes regarding the standard for materiality for the duty to disclose information in patent applications and reexamination proceedings.

The USPTO is proposing these rules changes in reaction to the May 25, 2011, en banc opinion [88 pages in PDF] of the U.S. Court of Appeals (FedCir) in Therasense v. Becton, Dickinson and Co., a patent case regarding the defense of inequitable conduct.

For more on that opinion, see story titled "Federal Circuit Raises Standards for Prevailing on Defense of Inequitable Conduct" in TLJ Daily E-Mail Alert No. 2,253, July 1, 2011.

This notice states that the USPTO "is proposing to revise the materiality standard for the duty to disclose to match the materiality standard, as defined in Therasense, for the inequitable conduct doctrine."

It also states that "The materiality standard set forth in Therasense should reduce the frequency with which applicants and practitioners are being charged with inequitable conduct, consequently reducing the incentive to submit information disclosure statements containing marginally relevant information and enabling applicants to be more forthcoming and helpful to the Office. At the same time, it should also continue to prevent fraud on the Office and other egregious forms of misconduct. Additionally, harmonization of the materiality standards is simpler for the patent system as a whole."

The deadline to submit comments is September 19, 2011. The USPTO will not hold a hearing.

See, Federal Register, Vol. 76, No. 140, Thursday, July 21, 2011, at Pages 43631-43634.

7/13. Sen. Diane Feinstein (D-CA) and Sen. Richard Durbin (D-IL) introduced S 1355 [LOC | WW],  the "Robocall Privacy Act of 2011", a bill that would impose minor restraints on robocalling prior to federal elections. See, Sen. Feinstein's release.

This bill would only apply to prerecorded political robocalls. It does not address robocalling by charities, marketers, perpetrators of financial fraud, or others. It would only apply to federal elections. It would only apply to calls made between 9:00 PM and 8:00 AM. It would only apply during the 60 days leading up to a general, special, or run off election, and the 30 days leading up to a primary election.

The bill bans more than two robocalls to the same telephone number in a single day, bans blocking caller identification information, and requires that the caller identify itself.

The Congress has enacted Do Not Call legislation. That regime is implemented and enforced by the Federal Trade Commission (FTC). However, that regime exempts political calls.

This bill would give enforcement authority, not to the Federal Communications Commission (FCC), but to the Federal Election Commission (FCC). The bill also creates a private right of action.

The bill provides for statutory damages of "not more than $1,000 per violation", and not more than $3,000 per violation for "knowing or willful violation". The bill fails to define "violation". For example, if a federal candidate were to cause one prerecorded message to be sent by robocall to ten people, at 11:00 PM the night before an election, would that be one violation or ten?

Sen. Feinstein (at left) stated in the Senate that "In recent years, we have seen an increase in the development of new technologies that help political candidates reach out to voters. This is a good thing. Political speech is essential and should be protected. The vast majority of these developments strengthen the Democratic process by promoting an interchange of information and ideas." See, Congressional Record, July 13, at Page S4557.

She continued that "One of these developments is the robocall -- a prerecorded message that can be sent out to tens of thousands of voters at a minor cost through computer automation. With television and radio ads becoming so expensive, these prerecorded calls can play an important role in alerting voters to a candidate's position and urging their support at the polls."

She said that "the process can be abused. Throughout recent elections, we have continued to hear stories about people being inundated with phone calls throughout the day and night."

In addition, Sen. Feinstein enumerated several examples of recorded robocalls that contain "misleading and outright false information".

This bill provides that "It shall be unlawful for any person during the specified period to make a political robocall or to cause a political robocall to be made--
  (1) to any person during the period beginning at 9 p.m. and ending at 8 a.m. in the place which the call is directed;
  (2) to the same telephone number more than twice on the same day;
  (3) without disclosing, at the beginning of the call -- (A) that the call is a recorded message; and (B) the identity of the person making the call or causing the call to be made; or
  (4) without transmitting the telephone number and the name of the person making the political robocall or causing the political robocall to be made to the caller identification service of the recipient."

The bill does not prohibit robocalling with false or misleading information.

It was referred to the Senate Rules and Administration Committee.

7/21. The Government Accountability Office (GAO) released a report [80 pages in PDF] titled "Information Sharing Environment: Better Road Map Needed to Guide Implementation and Investments". It pertains to the sharing of terrorism related information by the Department of Homeland Security (DHS), Department of Justice (DOJ), Department of State (DOS), Department of Defense (DOD), and the Office of the Director of National Intelligence (ODNI).

7/19. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-53 Appendix J [24 pages in PDF] titled "Privacy Control Catalog". The deadline to submit comments is September 2, 2011.

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The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. Votes may begin as early as 1:00 PM. The agenda includes consideration under suspension of the rules of S 1103 [LOC | WW], a bill to extend the term of Federal Bureau of Investigation (FBI) Director Robert Mueller by two years. See, Rep. Cantor's schedule.

The Senate will meet at 2:00 PM. It will consider judicial nominations.

12:00 NOON - 1:00 PM. The Heritage Foundation (HF) will host a lecture by John Reynolds (Biola University) titled "Facebook Friends and Socialism: How Social Media Shapes Community". The HF will webcast this event. This event is free and open to the public. See, notice. Location: HF, 214 Massachusetts Ave., NE.

TIME? Vice President Joe Biden, Secretary of Commerce Gary Locke (and Ambassador to PRC nominee), U.S. Trade Representative Ron Kirk, and others will hold a closed meeting regarding intellectual property. See, OUSTR schedule for week of July 25. Location?

EXTENDED FROM JUNE 24. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [55 pages in PDF] regarding wireless signal boosters. The FCC adopted this item on April 5, 2011, and released the text on April 6, 2011. It is FCC 11-53 in WT Docket No. 10-4. See, original notice in the Federal Register, Vol. 76, No. 90, Tuesday, May 10, 2011, at Pages 26983-26996. See also, FCC's June 20, 2011, Public Notice (DA 11-1078) and extension notice in the Federal Register, Vol. 76, No. 122, Friday, June 24, 2011, at Page 37049.

EXTENDED TO AUGUST 24. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [55 pages in PDF] regarding wireless signal boosters. The FCC adopted this item on April 5, 2011, and released the text on April 6, 2011. It is FCC 11-53 in WT Docket No. 10-4. See, original notice in the Federal Register, Vol. 76, No. 90, Tuesday, May 10, 2011, at Pages 26983-26996. See also, FCC's June 20, 2011, Public Notice (DA 11-1078) and extension notice in the Federal Register, Vol. 76, No. 122, Friday, June 24, 2011, at Page 37049.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) [6 pages in PDF] regarding the economic impact of low power FM stations on full service commercial FM stations. The FCC released this PN on May 10, 2011. It is DA 11-756 in MB Docket No. 11-83. See also, notice in the Federal Register, Vol. 76, No. 97, Thursday, May 19, 2011, at Pages 28983-28986, and story titled "FCC Seeks Comments on Economic Impact of LPFM on Commercial FM" in TLJ Daily E-Mail Alert No. 2,244, May 18, 2011.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

9:30 AM - 4:45 PM. The DC Bar Association will host an event titled "Legal Cybersleuth's Guide". The morning session is titled "Mastering Google and Beyond for Investigative Legal Research". The afternoon session is titled "Using Social Networking Sites for Investigative Legal Research While Avoiding Ethical Pitfalls". The speakers will be Carole Levitt and Mark Rosch (Internet for Lawyers). CLE credits. The DC Bar has a history of barring reporters from its events. For more information, call 202-626-3488. Prices vary. See, notice. Location: DC Bar, 1101 K St., NW.

10:00 AM. The Senate Judiciary Committee's (SJC) Subcommittee on Immigration, Refugees and Border Security will hold a hearing titled "The Economic Imperative for Enacting Immigration Reform". The witnesses will include Brad Smith (General Counsel of Microsoft) and Robert Greifeld (CEO of NASDAQ OMX Group). See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 AM. The House Ways and Means Committee (HWMC) will hold a hearing titled "Tax Reform and Consumption-Based Tax Systems". See, notice. Location: Room 1100, Longworth Building.

10:00 - 11:30 AM. The Institute for Policy Innovation (IPI) will host an event titled "Mobile Health: Innovations in Care & the Spectrum Challenge". The speakers will include Anand Iyer (COO-Well Doc, Inc.), Paul McRae (AT&T Emerging Healthcare Technologies), and Merrill Matthews (IPI). This event is free and open to the public. Refreshments will be served. Register by contacting Erin Humiston at erin at ipi dot org or 972-874-5139. See, notice. Location: Room 2325, Rayburn Building.

11:00 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "Cybersecurity: An Overview of Risks to Critical Infrastructure". The witnesses will be Bobbie Stempfley (acting head of the DHS's Office of Cyber Security and Communications), Sean McGurk
(Director of the DHS's National Cybersecurity and Communications Integration Center), and Gregory Wilshusen (Government Accountability Office). See, notice. Location: Room 2322, Rayburn Building.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Now You've Encrypted Your Information -- Is Your Data Safe? Will the Encryption Safe Harbor Apply?". Prices vary. CLE credits. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a telecast panel discussion titled "Basics of Practicing Antitrust and Consumer Protection Law In High-Technology and Telecommunications Industries". The speakers will be David Wheeler (Verizon), Gil Ohana (Cisco), Emilio Varanini (California Attorney General’s Office), Adam DiVincenzo (Gibson Dunn), and Craig Falls (Dechert). No CLE credits. Free. Open to reporters. See, notice.

1:30 PM. The Tech America (TA) will host an event to release and discuss a report on cloud computing by the Commission on the Leadership Opportunity in U.S. Deployment of the Cloud. For more information, contact Stephanie Craig at 202-682-4443 or Stephanie dot craig at techamericafoundation dot org. Location: Holeman Lounge, National Press Club, 13th floor, 529 14th St., NW.

3:00 PM. There will be an event titled "BMC Software Cloud Commission Panel". For more information, contact Brad Hem at 281-543-0669 or bhem at waggeneredstrom dot com. Location: First Amendment Lounge, National Press Club, 13th floor, 529 14th St., NW.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

9:00 AM. Day one of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The July 27 portion of the meeting is open to the public. The agenda includes "Wassenaar Proposals for 2012", and industry presentations on "Coherent Optical Technologies", "Graphics Processors", and "60 GHz MMIC Applications". See, notice in the Federal Register, Vol. 76, No. 130, Thursday, July 7, 2011, at Pages 39845-39846. Location: Room 3884, DOC, 14th Street between Constitution and Pennsylvania Aves., NW.

9:00 - 10:00 AM. The American Bar Association (ABA) will host a webcast panel discussion titled "When Enforcement Cultures Collide: Best Practices for Antitrust Compliance and Investigations in Asia". The speakers will be Jennifer Chippendale (Sheppard Mullin), Yumiko Aoi (City-Yuwa Partners), Paul Jones (Jones & Co.), and Youngjin Jung (Kim & Chang). CLE credits. Free. Open to reporters. See, notice.

10:00 AM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing titled "Improving Emergency Communications". The witnesses will be Gregory Schaffer (DHS National Protection and Programs Directorate), Michael Varney (Connecticut Department of Emergency Services and Public Protection), Robert McAleer (Director of the Maine Emergency Management Agency), and Charles Ramsey (Police Commissioner, Philadelphia Police Department). See, notice. Location: Room 342, Dirksen Building.

11:15 AM. Day one of a two day meeting of the House Judiciary Committee (HJC) to mark up bills. The first of four items on the agenda is HR 1981 [LOC | WW], the "Protecting Children From Internet Pornographers Act of 2011", a bill to mandate data retention. See, stories titled "House Crime Subcommittee Holds Hearing on Data Retention Bill", "Summary of HR 1981, Data Retention Bill", and "Summary of Existing Data Retention Mandates" in TLJ Daily E-Mail Alert No. 2,257, July 13, 2011. The fourth item is HR 83 [LOC | WW], the "Bullying Prevention and Intervention Act of 2011". See, story titled "House Judiciary Committee to Mark Up Data Retention and Bullying Bills" in TLJ Daily E-Mail Alert No. 2,267, July 23, 2011. See, notice. Location: Room 2141, Rayburn Building.

1:00 PM. The House Small Business Committee (HSBC) will hold a hearing titled "Bureaucratic Obstacles for Small Exporters: Is our National Export Strategy Working?". See, notice. Location: Room 2360, Rayburn Building.

1:00 - 2:30 PM. Sen. Tom Carper (D-DE) will host an event titled "Cloud Computing and Federal Data Center Consolidation Thought Leadership". The speakers will include Sen. Carper, Sen. Scott Brown (R-MA), Vivek Kundra (OMB Federal Chief Information Officer), and others from government and the private sector. See, notice. For more information, contact Emily Spain at 202-224-2441. Location: Room SVC-201, Capitol Visitor Center.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Reputation Management in the Digital Age: How “Information Permanency” Affects the Way Businesses and Individuals Are Viewed by Others". The speakers will be David Bralow (Tribune Company), Margaret Holt (Chicago Tribune), Jeffrey Rosen (George Washington School of Law), and David Thompson (Munger Tolles & Olson). Prices vary. CLE credits. See, notice.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a webcast and telecast panel discussion titled "60 iPhone and iPad Apps in 60 Minutes for Lawyers". The price is $195. No CLE credits. See, notice.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on five U.S. District Court nominees: Edgardo Ramos (USDC/SDNY), Andrew Carter (USDC/SDNY), Jesse Furman (USDC/SDNY), Rodney Gilstrap (USDC/EDTex), and Jennifer Zipps (USDC/DAriz). See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [15 pages in PDF] regarding whether to make the grandfathered providers permanently eligible for universal service subsidies under the FCC's rural health care program. The FCC adopted this NPRM on June 20, 2011, and released the text on June 21, 2011. It is FCC 11-101 in WC Docket No. 02-60. See, notice in the Federal Register, Vol. 76, No. 123, Monday, June 27, 2011, at Pages 37307-37309.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its proposed changes to certain patent fee amounts for FY 2012 to reflect fluctuations in the Consumer Price Index (CPI). See, notice in the Federal Register, Vol. 76, No. 123, Monday, June 27, 2011, at Pages 37296-37300.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

9:00 AM. Day one of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The July 28 portion of the meeting is closed. See, notice in the Federal Register, Vol. 76, No. 130, Thursday, July 7, 2011, at Pages 39845-39846. Location: Room 3884, DOC, 14th Street between Constitution and Pennsylvania Aves., NW.

10:00 AM. Day one of a two day meeting of the House Judiciary Committee (HJC) to mark up bills. The first of four items on the agenda is HR 1981 [LOC | WW], the "Protecting Children From Internet Pornographers Act of 2011", a bill to mandate data retention. See, stories titled "House Crime Subcommittee Holds Hearing on Data Retention Bill", "Summary of HR 1981, Data Retention Bill", and "Summary of Existing Data Retention Mandates" in TLJ Daily E-Mail Alert No. 2,257, July 13, 2011. The fourth item is HR 83 [LOC | WW], the "Bullying Prevention and Intervention Act of 2011". See, story titled "House Judiciary Committee to Mark Up Data Retention and Bullying Bills" in TLJ Daily E-Mail Alert No. 2,267, July 23, 2011. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM - 12:00 NOON. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of Steve Six (to be a Judge of the U.S. Court of Appeals for the 10th Circuit). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "The First Sale Doctrine After Costco and Vernor: Where Do We Go from Here?". The speakers will be Scott Bain (Software and Information Industry Association), Andrew Berger (Tannenbaum Helpern Syracuse & Hirschtritt), and William Dunnegan (Dunnegan LLC). Prices vary. CLE credits. See, notice.

12:30 PM. Rep. Michelle Bachman (R-MN) will give a speech. Sold out. Prices vary. Lunch will be served. Location: Ballroom, National Press Club, 13th floor, 529 14th St., NW.

The House will meet at 9:00 AM for legislative business. See, Rep. Cantor's schedule.

8:30 AM. The Department of Commerce's (DOC) Bureau of Economic Analysis (BEA) is scheduled to release its advance estimate of the U.S. Gross Domestic Product, 2nd Quarter 2011. See, BEA schedule.

12:15 - 1:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "A Reduced History of Telecom Regulation: From the Railroads and the Titanic to iPad Snooki". The speaker will be Dan Brenner (Hogan Lovells). For more information, contact Evan Morris at Evan dot Morris at harris dot com, Mark Brennan at Mark dot Brennan at hoganlovells dot com, or Brendan Carr at BCarr at wileyrein dot com. Location: Wiley Rein, 1776 K St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-63 Revision 1 [110 pages in PDF] titled "Electronic Authentication Guideline".

Rep. Cantor's schedule for the House states that "Members are advised a weekend session is possible".

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the report submitted to the FCC on June 30, 2011, by the technical working group co-chaired by LightSquared and the U.S. Global Positioning System Industry Council (USGIC). See, FCC International Bureau's (IB) order dated June 30, 2011. It is DA 11-1133 in DA 11-1133. See also report, part 1, part 2, part 3, part 4, part 5, part 6, and part 7.