1/12. Sen. Patrick Leahy (D-VT) released a statement regarding the DNS blocking provisions of S 968 [LOC | WW], the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011" or "PROTECT IP Act".

Sen. Leahy, the Chairman of the Senate Judiciary Committee, and sponsor of the PROTECT IP Act, rushed the bill through the SJC last May, two weeks after introducing the bill. The Senate is scheduled to take up the bill as early as January 23, 2012.

Sen. Leahy stated that he wants the Senate to pass the bill, and then the merits of its DNS blocking provisions should be studied.

Sen. Leahy wrote that "The PROTECT IP Act provides new tools for law enforcement to combat rogue websites that operate outside our borders but target American consumers with stolen American property and counterfeits.  One of those tools enables law enforcement to secure a court order asking Internet Service Providers (ISPs) to use the Domain Name System to prevent consumer access to foreign rogue websites."

He argued that it "remains a strong and balanced approach to protecting intellectual property through a no-fault, no-liability system that leverages the most relevant players in the Internet ecosystem".

"I and the bill's cosponsors have continued to hear concerns about the Domain Name provision from engineers, human rights groups, and others." Sen. Leahy (at right) added that "As I prepare a managers' amendment to be considered during the floor debate, I will therefore propose that the positive and negative effects of this provision be studied before implemented."

He did not explain in this statement by whom the study would be conducted. Nor did he explain whether the study would be conducted between Senate passage of S 968 and enactment of the Act into law, or after enactment. Nor did he explain what consequences the study would have.

Nor did Sen. Leahy explain why he advocates Senate passage of a bill before the Senate has studied the merits of one of its key provisions.

Ed Black, head of the Computer and Communications Industry Association (CCIA) stated in a release that "I hope this statement signals a recognition they didn't understand this issue when the bill was drafted. We hope this means they will step back, talk to stakeholders, identify and focus on the real problem they’re trying to solve and target that. But it seems more likely to be aimed at newer opponents of the bill that haven’t absorbed how harmful the legislation would still be, even if there was a firm commitment to remove DNS blocking, which there isn’t."

The Consumer Electronics Association (CEA) stated in a release that "We are pleased" that Sen. Leahy recognizes this issue. "The Act's domain name system (DNS) provisions are a significant concern, as are the imposition of liability on search engines, the inclusion of a private right of action, and the broad definitions of what constitutes an infringing site."

The CEA added that "If the bill is to be rewritten, we urge that stakeholders be brought together in an attempt to reach agreement on these and other outstanding issues. We also urge that a legislative hearing be held on the bill for the benefit of the members being asked to debate and vote on it."

Sherwin Siy of the Public Knowledge wrote in a release that "We appreciate the action Chairman Leahy is taking to improve his legislation. Even with that change, however, the bill would still be unacceptable."

1/12. Some critics of the two main foreign rogue web sites bills have expressed concerns about the DNS blocking provisions. Moreover, has become one of the key argument against the bills. The House Judiciary Committee (HJC) may complete its mark up this month, while the full Senate is scheduled to begin consideration of its bill on January 23.

The main concern pertains to the possible effect of DNS blocking upon cyber security.

Numerous letters and papers regarding this issue have been released since the Congress began consideration of DNS blocking as a means to address foreign infringing web sites. For example, Steve Crocker (Shinkuro), David Dagon (Georgia Tech), Dan Kaminsky (DKH), Danny McPherson (Verisign), and Paul Vixie ( Internet Systems Consortium) released a paper [17 pages in PDF] in May of 2011 titled "Security and Other Technical Concerns Raised by the DNS Filtering Requirements in the PROTECT IP Bill".

Some opponents of the House bill, HR 3261 [LOC | WW], the "Stop Online Piracy Act" or "SOPA", offered brief summaries of arguments expressed in this paper during the first phase of the HJC mark up of this bill in late December.

The Senate bill is S 968 [LOC | WW], the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011", "PROTECT IP Act", or "PIPA".

The authors of this paper wrote that the "PROTECT IP would empower the Department of Justice, with a court order, to require operators of DNS servers to take steps to filter resolution of queries for certain names. Further, the bill directs the Attorney General to develop a textual notice to which users who attempt to navigate to these names will be redirected. Redirecting users to a resource that does not match what they requested, however, is incompatible with end-to-end implementations of DNS Security Extensions (DNSSEC), a critical set of security updates. Implementing both end-to-end DNSSEC and PROTECT IP redirection orders simply would not work. Moreover, any filtering by nameservers, even without redirection, will pose security challenges, as there will be no mechanism to distinguish court-ordered lookup failure from temporary system failure, or even from failure caused by attackers or hostile networks." (Footnote omitted.)

"In short, DNSSEC allows for DNS records to be cryptographically signed, thereby providing a secure authentication of Internet assets. When implemented end-to-end between authoritative nameservers and requesting applications, DNSSEC prevents man-in-the-middle attacks on DNS queries by allowing for provable authenticity of DNS records and provable inauthenticity of forged data. This secure authentication is critical for combatting the distribution of malware and other problematic Internet behavior. Authentication flaws, including in the DNS, expose personal information, credit card data, e-mails, documents, stock data, and other sensitive information, and represent one of the primary techniques by which hackers break into and harm American assets."

They continued that "By mandating redirection, PROTECT IP would require and legitimize the very behavior DNSSEC is designed to detect and suppress. Replacing responses with pointers to other resources, as PROTECT IP would require, is fundamentally incompatible with end-to-end DNSSEC. Quite simply, a DNSSEC-enabled browser or other application cannot accept an unsigned response; doing so would defeat the purpose of secure DNS. Consistent with DNSSEC, the nameserver charged with retrieving responses to a user's DNSSEC queries cannot sign any alternate response in any manner that would enable it to validate a query."

"From an operational standpoint, a resolution failure from a nameserver subject to a court order and from a hacked nameserver would be indistinguishable."

The concluded that "DNSSEC is being implemented to allow systems to demand verification of what they get from the DNS. PROTECT IP would not only require DNS responses that cannot deliver such proof, but it would enshrine and institutionalize the very network manipulation DNSSEC must fight in order to prevent cyberattacks and other miscreant behavior on the global Internet."

1/10. Comcast announced in a release on January 10, 2012, that it "is the first large ISP in the North America to have fully implemented Domain Name System Security Extensions (DNSSEC)".

Comcast added that it both signs domain names in DNSSEC enabled top level domains (TLDs), and validates DNSSEC when its customers use the internet.

Comcast explained that "ISPs play two roles in DNSSEC. The first role is perhaps the most critical, which is validating DNSSEC as part of the DNS lookups performed for our customers. These lookups occur when a customer tries to access a site, such as www.comcast.com. Then, when a customer tries to connect to that website, a Comcast DNS server checks that domain name, and verifies that signature to ensure that it is valid and has not been tampered with by hackers or other criminals."

"The second role is to cryptographically sign the domain names that we own, such as xfinity.com, so that when our customers or others using DNSSEC try to connect to services in those domains, they can validate the security of the associated DNS responses."

Comcast supports bills pending in the Congress that would provide for DNS blocking. See, HR 3261 [LOC | WW], the "Stop Online Piracy Act" or "SOPA", and S 968 [LOC | WW], the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011" or "PROTECT IP Act".

Sen. Patrick Leahy (D-VT), the sponsor of the Senate bill, stated in a release on January 12 that "I remain confident that the ISPs -- including the cable industry, which is the largest association of ISPs -- would not support the legislation if its enactment created the problems that opponents of this provision suggest."

Perhaps it is noteworthy also that Comcast is also a content provider and copyright holder whose works are infringed by foreign web sites. Moreover, it recently acquire NBC Universal.

In addition, Comcast and other ISPs would receive certain broad immunities under the proposed legislation for, among other things, engaging in DNS blocking. Such immunity would extend to the actions of federal regulatory agencies. This may be significant because in recent years, one such agency, the Federal Communications Commission (FCC), has by both adjudication and rulemaking acted with prejudice towards Comcast's network management efforts.

The House will not meet.

The Senate will not meet.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Lens.com v. 1-800 CONTACTS, App. Ct. No. 2011-1258, an appeal from the U.S. Patent and Trademark Office (USPTO). This is the third case on this calendar. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in MagSil v. Hitachi Global Storage Technologies, App. Ct. No. 2011-1221, an appeal from the U.S. District Court (DDel) in a patent infringement case involving hard disc drive technology. This is the second case on the calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Noah Systems v. Intuit, App. Ct. No. 2011-1390, an appeal from the U.S. District Court (WDPenn) in a patent infringement case involving business method patents. This is the fourth case on this calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Advanced Fiber Technologies Trust v. J&L Fiber Services, App. Ct. No. 2011-1243, an appeal from the U.S. District Court (NDNY) in a patent infringement case. This is the first case on the calendar. Location: Courtroom 203, 717 Madison Place, NW.

The House will meet at 11:00 AM in pro forma session.

The Senate will meet at 12:00 NOON in pro forma session only .

Supreme Court conference day. See, calendar. Closed.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Intermec Technologies v. Palm, App. Ct. No. 2011-1296, an appeal from the U.S. District Court (DDel) in a patent infringement case. This is the third case on the calendar. Location: Courtroom 201, 717 Madison Place, NW.

Martin Luther King's Birthday. This is a federal holiday. See, OPM list of 2012 federal holidays.

The House will meet.

8:00 - 10:00 AM. Broadband Census News LLC will host a panel discussion titled "The Wired Home and Wireless Policy". The speakers will be Rick Kaplan (Chief of the FCC's Wireless Telecommunications Bureau), Fred Campbell (head of the Wireless Communications Association International), Walter McCormick (head of the US Telecom), Grant Seiffert (head of the Telecommunications Industry Association), and Drew Clark. Breakfast will be served. This event is open to the public. The price to attend is $47.12. See, notice and registration page. This event is also sponsored by Comcast, Google, ICF Intl., Intel, NCTA TIA, and US Telecom. Location: Clyde's of Gallery Place, 707 7th St., NW.

9:00 AM - 4:30 PM. Day one of the Net Caucus's annual State of the Net Conference. See, conference web site and schedule. Location: Hyatt Regency, Capitol Hill, 400 New Jersey Ave., NW.

9:00 AM - 5:45 PM. Day one of a three day event hosted by the International Intellectual Property Institute (IIPI) and U.S. Patent and Trademark Office (USPTO) titled "Seminar on Specialized Intellectual Property Rights Courts". The speakers will include David Kappos (head of the USPTO), Shinjiro Ono (former Deputy Commissioner of the Japan Patent Office), and Jorge Amigo (former Director of the Mexican Institute of Industrial Property). The deadline to register is January 13. Free. See, notice. Location: USPTO, 600 Dulany St., Alexandria, VA.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Industry Roundtable -- The Roles and Responsibilities of the Young Lawyer". For more information, contact Mark Brennan at Mark dot Brennan at hoganlovells dot com or Brendan Carr at BCarr at wileyrein dot com. Location: Wilmer Hale, Multi-Purpose Room on the ground level, 1875 Pennsylvania Ave., NW.

The House will meet.

9:00 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host an panel discussion titled "Bits and Bricks: Transforming the Construction Industry Through Innovation". The speakers will be Robert Atkinson (ITIF), Phillip Bernstein (Autodesk), Dorothy Robyn (Department of Defense), Robert Peck (GSA) and Shyam Sunder (NIST). See, notice. Location: National Press Club, Holeman Lounge, 529 14th St., NW.

9:00 - 11:30 AM. Day two of the Net Caucus's annual State of the Net Conference. See, conference web site and schedule. Location: Hyatt Regency, Capitol Hill, 400 New Jersey Ave., NW.

9:00 AM - 5:30 PM. Day one of a three day event hosted by the International Intellectual Property Institute (IIPI) and U.S. Patent and Trademark Office (USPTO) titled "Seminar on Specialized Intellectual Property Rights Courts". The speakers will include David Kappos (head of the USPTO), Shinjiro Ono (former Deputy Commissioner of the Japan Patent Office), and Jorge Amigo (former Director of the Mexican Institute of Industrial Property). The deadline to register is January 13. Free. See, notice. Location: USPTO, 600 Dulany St., Alexandria, VA.

10:00 AM - 12:00 NOON. The House Oversight and Government Reform Committee (HOGRC) will hold a titled "Government Mandated DNS Blocking and Search Takedowns -- Will It End the Internet as We Know It?" See, notice. The HOGRC does not have jurisdiction over HR 3261 [LOC | WW], the "Stop Online Piracy Act" or "SOPA". The House Judiciary Committee (HJC) does. However, this hearing is directed at provisions in the SOPA. Location: Room 2154, Rayburn Building, with overflow seating in Room 2203.

The House will not meet. Day one of a three day event titled "House Republican Issues Conference".

The Senate will not meet.

9:00 AM - 3:30 PM. Day one of a three day event hosted by the International Intellectual Property Institute (IIPI) and U.S. Patent and Trademark Office (USPTO) titled "Seminar on Specialized Intellectual Property Rights Courts". The speakers will include David Kappos (head of the USPTO), Shinjiro Ono (former Deputy Commissioner of the Japan Patent Office), and Jorge Amigo (former Director of the Mexican Institute of Industrial Property). The deadline to register is January 13. Free. See, notice. Location: USPTO, 600 Dulany St., Alexandria, VA.

11:45 AM - 1:45 PM. The Tech Freedom (TF), Competitive Enterprise Institute (CEI) and Cato Institute will host a panel discussion titled "Unintended Consequences of Rogue Website Crackdown". The program will address three bills under consideration by the House and Senate: (1) HR 3261 [LOC | WW], the "Stop Online Piracy Act" or "SOPA", (2) draft [18 pages in PDF] of the "Online Protection & Enforcement of Digital Trade Act", or "OPEN Act", and S 968 [LOC | WW], the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011" or "PROTECT IP Act". The speakers will be Berin Szoka (TF), Larry Downes (TF), Allan Friedman (Brookings Institution), James Gattuso (Heritage Foundation), Dan Kaminsky, Julian Sanchez (Cato Institute). Lunch will be served. Free and open to the public. The deadline to register is 12:00 NOON on January 18. See, notice and registration page. Location: Reserve Officers Association of the US, One Constitution Ave., NE.

12:30 - 1:45 PM. The Federal Communications Commission's (FCC) Wireless Telecommunications Bureau's (WB) Division Chiefs will hold a meeting. The speakers will include Mary Bucher (Technologies, Systems and Innovation Division), Nese Guendelsberger ( Spectrum and Competition Policy Division), Roger Noel (Mobility Division), Blaise Scinto (Broadband Division), and Margaret Weiner (Auctions and Spectrum Access Division). The price to attend is $17. Registrations and cancellations are due by 12:00 NOON on January 16. See, notice. The Federal Communications Bar Association (FCBA) states that this is an FCBA event. Location: Wiley Rein, 1776 K St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Wireline Committee will host an event titled "Understanding the Connect America Fund Order". CLE credits. Prices vary. See, notice. Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

The House will not meet. Day two of a three day event titled "House Republican Issues Conference".

The Senate will meet at 2:00 PM in pro forma session only.

Supreme Court conference day. See, calendar. Closed.

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