1/17. Rep. Lamar Smith (R-TX), the Chairman of the House Judiciary Committee (HJC), announced in a statement that the HJC will resume its mark up of HR 3261 [LOC | WW], the "Stop Online Piracy Act" or "SOPA", in February.

Rep. Smith, the sponsor of the SOPA, wrote that "To enact legislation that protects consumers, businesses and jobs from foreign thieves who steal America's intellectual property, we will continue to bring together industry representatives and Members to find ways to combat online piracy."

Rep. Smith (at left) added that "Due to the Republican and Democratic retreats taking place over the next two weeks, markup of the Stop Online Piracy Act is expected to resume in February."

He concluded that "I am committed to continuing to work with my colleagues in the House and Senate to send a bipartisan bill to the White House that saves American jobs and protects intellectual property."

The HJC conducted the first phase of its mark up of the SOPA on December 15 and 16, 2011. See, manager's amendment as amended by amendments approved on December 15 and 16.

Opponents of the bill waged a successful mark up filibuster that including demanding a full reading of the 71 pages amendment in the nature of a substitute, demanding roll call votes on amendments when the outcome of votes was not in doubt, offering too many amendments to be considered in the allocated time, and engaging in redundant debate over these amendments. Opponents caused over twelve hours to be consumed before Rep. Smith relented.

See, stories titled "House Judiciary Committee Begins Mark Up of SOPA" in TLJ Daily E-Mail Alert No. 2,319, December 15, 2011, and "House Judiciary Committee Continues Mark Up of SOPA" in TLJ Daily E-Mail Alert No. 2,320, December 20, 2011.

Sherwin Siy of the Public Knowledge (PK) stated in a release that "We were disappointed to learn the Chairman Smith said he would resume Judiciary Committee consideration of the Stop Online Piracy Act (SOPA) in February. It would be better for the Committee to take some time and arrive at a consensus approach to resolving the issues in SOPA that have resulted in nation-wide protests, rather than to force through a bill on which there is widespread disagreement."

1/17. Rep. Bob Goodlatte (R-VA), a senior member of the House Judiciary Committee (HJC), and a cosponsor of the HR 3261 [LOC | WW], the "Stop Online Piracy Act" or "SOPA", was a luncheon speaker at the State of the Net conference in Washington DC on January 17. He said that any successful bill will require buy in from both the content and technology communities.

Rep. Goodlatte (at right) stated that "I am convinced that the tech industry has additional contributions to make in the effort to create tools to better combat online theft, making sure that our First Amendment freedoms are protected, and the internet is not harmed."

"In fact, in a joint letter to Congress recently many prominent internet companies signed on to this letter regarding SOPA, stating, quote, we support the bill's stated goals providing additional enforcement tools to combat foreign rogue web sites that are dedicated to copyright infringement and counterfeiting."

"We should take a full opportunity to bring tech industry leaders and engineers together with those representing the myriad of businesses that are suffering substantial theft and fraud due to illegal actions of foreign criminals so that new ideas can be put on the table with careful examination about how the tech sector can work with affected partners to fight this scourge."

Rep. Goodlatte continued that "The technology and content communities and others doing business on the internet need each other. The technology community needs creative new content to continue to push continued consumer demand for innovative tech products. The content community needs the innovative technology community to continue to find ways to deliver new content to consumers."

"Any successful legislative product will have to have some level of buy in from both communities. We call all agree on the importance of protecting American innovation from foreign thieves. So I think it is critical that key parties have a seat at the table. And I will work to facilitate this kind of face to face discussion between the various interested parties."

He also spoke with reporters afterwards. He stated that Rep. Lamar Smith (R-TX) "hasn't set a date yet for return to the mark up".

He also said "there needs to be more face to face dialogue between parties that need each other."

He declined to state who are the major players, how many people should be invited into the room, or who should be invited.

"I want this dialogue to take place regardless of what happens with the legislative process", and it should continue afterwards, said Goodlatte.

He did not address what should be the contents of the SOPA in either his luncheon speech, or in his discussion with reporters.

1/17. Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC), wrote in a statement that, as first announced last month, the full Senate will begin consideration next week of 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".

Sen. Leahy, the sponsor of the PROTECT IP Act, stated that "The Senate will debate this important bill, which has been pending on the Senate's calendar since May, next week."

Sen. Leahy and others introduced S 968 on May 12, 2011. The SJC amended and approved it on May 26, 2011.

1/17. Some widely used web sites, whose operators oppose pending legislation pertaining to foreign rogue web sites, are engaging in theatrics on January 18 in an effort to attract public attention to, and generate grass roots opposition to, these bills.

At issue are 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", which the Senate is scheduled to take up next week, and HR 3261 [LOC | WW], the "Stop Online Piracy Act" or "SOPA", which the House Judiciary Committee (HJC) is scheduled to complete marking up next month.

Google has temporarily placed a black box over its logo, and added the accusation to its main page, "Tell Congress. Please Don't Censor the Web!" Wikipedia temporarily made its web site unavailable. Reddit is scheduled to go offline for 12 hours on January 18.

Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC), and sponsor of the PROTECT IP Act, wrote in a statement that "Much of what has been claimed about the Senate's PROTECT IP Act is flatly wrong and seems intended more to stoke fear and concern than to shed light or foster workable solutions."

Sen. Leahy explained that "The PROTECT IP Act will not affect Wikipedia, will not affect Reddit, and will not affect any website that has any legitimate use. A foreign rogue website is clearly defined as one that has no real purpose other than infringement. Theft and fraud on this scale undermines consumer trust in online transactions."

"Perhaps if these companies would participate constructively, they could point to what in the actual legislation they contend threatens their websites, and then we could dispel their misunderstandings. That is what debate on legislation is intended to do, to fine-tune the bill to confront the problem of stealing while protecting against unintended consequences", said Sen. Leahy.

Rep. Bob Goodlatte (R-VA), a senior member of the HJC, and a cosponsor of the SOPA, spoke to reporters at the State of the Net conference in Washington DC on January 17. He stated that "what we need to have is a discourse". He added that "a blackout doesn't accomplish that."

"I think that the more important thing here is that people actually talk to each other, rather than black out their patrons", said Rep. Goodlatte. "That does not promote a solution to this problem, and a discourse would. So, hope that those same people will think about stepping forward, and saying we would like to talk."

Chris Dodd, head of the Motion Picture Association of America (MPAA), which supports the SOPA and PROTECT IP Act, stated in a release that "some technology business interests are resorting to stunts that punish their users or turn them into their corporate pawns, rather than coming to the table to find solutions to a problem that all now seem to agree is very real and damaging."

Former Sen. Dodd (D-CT) added that "It is an irresponsible response and a disservice to people who rely on them for information and use their services. It is also an abuse of power given the freedoms these companies enjoy in the marketplace today. It’s a dangerous and troubling development when the platforms that serve as gateways to information intentionally skew the facts to incite their users in order to further their corporate interests."

12/14. Rep. Darrell Issa (R-CA) and Rep. Carolyn Maloney (D-NY) introduced HR 3699 [LOC | WW], the "Research Works Act", a bill to protect the proprietary interests and incentives of authors and publishers of research works when the government provides funding for that research.

This bill would provide that "No Federal agency may adopt, implement, maintain, continue, or otherwise engage in any policy, program, or other activity that (1) causes, permits, or authorizes network dissemination of any private-sector research work without the prior consent of the publisher of such work; or (2) requires that any actual or prospective author, or the employer of such an actual or prospective author, assent to network dissemination of a private-sector research work."

While this bill pertains to the exclusive rights of authors and publishers in works of authorship, for jurisdictional and political reasons, it does not use the word "copyright", and would not amend Title 17.

This bill addresses the same issue as a similar bill in the 111th Congress, HR 801 [LOC | WW], the "Fair Copyright in Research Works Act". That bill was sponsored by Rep. John Conyers (D-MI), and cosponsored by Rep. Issa and others. HR  801, in turn, was substantially similar to a bill with the same title that was introduced by Rep. Conyers late in the 110th Congress, HR 6845 [LOC | WW].

Those bills introduced in the 110th and 111th Congresses would have accomplished the same end as the just introduced HR 3699, but were drafted as an amendment to Title 17. This placed them within the jurisdiction of the House Judiciary Committee (HJC). In contrast, the just introduced bill is drafted to place it within the jurisdiction of the House Oversight and Government Reform Committee (HOGRC).

The issue that all of these bills address arose several years ago when the National Institutes of Health (NIH) adopted a policy titled "Public Access Policy". Then, the House Appropriations Committee (HAC) reported HR 2764 [LOC | WW] (110th Congress), the "Consolidated Appropriations Act, 2008". It mandated the NIH policy. It was enacted into law.

Initially, HJC members and some of its stakeholders argued that the HJC has expertise and jurisdiction regarding copyright, that the HAC usurped the HJC's role, and that the HJC should promote remedial legislation. However, the just introduced bill is a HOGRC bill. Rep. Issa, who has all along been a leading proponent of these bills, is both a member of the HJC and the Chairman of the HOGRC.

Moreover, the Congressional district represented by Rep. Lamar Smith (R-TX), the Chairman of the HJC, includes the University of Texas at Austin, a leading research university.

Furthermore, Rep. Issa (at right) and Rep. Smith have clashed repeatedly in the current Congress over major bills. For example, during the mark up in July of HR 1981 [LOC | WW], the data retention bill, sponsored by Rep. Smith, Rep. Issa was one of the leading and most vocal opponents. See, story titled "House Judiciary Committee Approves Data Retention Bill" and related stories in TLJ Daily E-Mail Alert No. 2,278, August 3, 2011.

Currently, the two are leaders of opposing camps on HR 3261 [LOC | WW], the "Stop Online Piracy Act" or "SOPA". Indeed, Rep. Issa's HOGRC announced, then postponed, a hearing on DNS blocking. That is, Rep. Issa is using the HOGRC to undermine Rep. Smith's efforts to advance his SOPA in its present form in the HJC.

Sandra Aistars, head of the Copyright Alliance (CA), stated in a release that HR 3699 "would overturn an unprecedented federal government taking of copyrights from certain authors and researchers".

She wrote that "Providing a federal grant to fund a research project should not enable the federal government to commandeer and freely distribute a subsequently published private sector peer-reviewed article. But a 2008 mandate at the National Institutes of Health requires just that -- disregarding the significant value added by the private-sector publisher whose activities are not funded by the government."

She argued that this "is not fair to other investors in the research", "arbitrarily limits the value of the copyright in the article for the author and publisher", and "harms the publisher’s investments in ensuring a quality publication".

It also "results in reduced incentives for both these groups to publish peer-reviewed articles explaining the nature and results of government-funded research in a manner that ultimately harms society when the investment in publication dries up due to lack of ability to recover their costs", Aistars asserted.

The Association of American Publishers (AAP) and its Professional and Scholarly Division (PSP) support HR 3699. Tom Allen, head of the AAP, stated in a release that "America's PSP publishers are making more research information available to more people, through more channels, than ever before in our history. At a time when job retention, U.S. exports, scholarly excellence, scientific integrity and digital copyright protection are all priorities, the Research Works Act ensures the sustainability of this industry."

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It will consider a resolution of disapproval of the President's exercise of authority to increase the debt limit. See, Rep. Cantor's calendar.

The Senate will not 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.

POSTPONED. 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. The HOGRC will webcast this hearing. Location: Room 2154, Rayburn Building, with overflow seating in Room 2203.

12:00 NOON - 1:30 PM. American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Monopolization Updates from China and Canada". The speakers will be Neil Campbell (McMillan) and Kate Wallace (Jones Day). Free. See, notice.

Deadline to submit comments to the National Science Foundation's (NSF) National Science Board (NSB) regarding the Committee on Strategy and Budget's Task Force's report on Data Policies, Digital Research Data Sharing and Management. See, notice in the Federal Register, Vol. 77, No. 8, Thursday, January 12, 2012, at Page 1956.

The House will not meet. Day one of a three day event titled "House Republican Issues Conference". See, Rep. Cantor's calendar.

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 (3) 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".  See, Rep. Cantor's calendar.

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

Supreme Court conference day. See, calendar. Closed.

1:00 - 2:30 PM. American Bar Association's (ABA) Section on Intellectual Property Law will host a webcast panel discussion titled "Prosecution Strategies: Tackling USPTO Obviousness Rejections". The speakers will be Janet Hendrickson (Senniger Powers), Gregory Hillyer (Feldman Gale), Michelle O'Brien (O'Brien Jones), and Zachary Stern (Oblon, Spivak). The price ranges from $70 to $150. CLE credits. See, notice.

Day three of a three day event titled "House Republican Issues Conference".

The House will meet. Votes will be postponed until 6:30 PM.

The Senate will meet at 2:00 PM for morning business. The Senate may also consider S 968 [LOC | WW], the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011" or "PROTECT IP Act".

6:00 - 9:15 PM. The DC Bar Association will host a program titled "Introduction to Export Controls". The speakers will be Carol Kalinoski (solo practitioner) and Thomas Scott (Ladner & Associates). The price to attend this and the companion program on February 8 ranges from $169 to $229. CLE credits. See, notice. For more information, call 202-626-3488. The DC Bar has a history of barring reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.

The House will meet.

The Senate will meet.

State of the Union speech.

9:30 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a discussion of the book [Amazon] titled "Restoring the Innovation Edge". The speakers will include the author, Jerald Hage (University of Maryland). See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K Street, NW.

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

The House will meet. Day one of a three day event titled "House Democratic Issues Conference".

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Oversight, Investigations and Management will hold a hearing titled "Is DHS Effectively Implementing a Strategy to Counter Emerging Threats?". See, notice. Location: Room 311, Cannon Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Homeland Security and Emergency Communications and State and Local Practice Committees will host a brown bag lunch titled "Emergency Communications Policy Issues in the National Capitol Region". The speakers will be interoperability coordinators for the national capital region (NCR), Michele Farquhar (Hogan Lovells), Chris Essid (Director of the DHS's Office of Emergency Communications (OEC), and Trey Forgety (National Emergency Number Association). For entry upon arrival, call Alex Kreilein (DHS/OEC) at 202-603-8702. Location: Bureau of Alcohol, Tobacco, and Firearms, Room 3200, 650 Massachusetts Ave., NW.

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