7/26. Rep. Lamar Smith (R-TX), Chairman of the House Judiciary Committee (HJC), introduced HR 6215 [LOC | WW | PDF], an untitled bill to amend the Trademark Act regarding remedies for dilution.

There are no cosponsors. The HJC announced on July 27 that it will mark up this bill on Wednesday, August 1, 2012. See, notice.

15 U.S.C. § 1125(c) pertains to "Dilution by blurring; dilution by tarnishment". It provides that holders of certain famous marks may bring a federal action, and obtain injunctive relief, against someone who dilutes that mark by either blurring or tarnishment.

Subsection 1125(c)(6), which this bill would amend, provides, among other things, that a federal trademark registration is a complete bar against a claim against the holder, based upon either common law or state statute, to prevent dilution by blurring or tarnishment. It preempts state law dilution claims directed at marks registered with the U.S. Patent and Trademark Office (USPTO).

It should be recalled that the intellectual property clause in the Constitution gives the Congress the authority to pass laws regarding patents and copyrights, but not trademarks. Congressional authority to write trademark laws is based upon the commerce clause. The Congress has preempted state patent and copyright law. There is, however, both state and federal trademark law, including remedies for dilution of famous marks.

This bill tweaks a subsection that operates as a preemption provision. As a consequence, it also operates as an incentive to federal registration.

(This is not a major or controversial piece of legislation. However, while the bill is brief, its explanation is long and technical. Hence, the full story is published in the TLJ web site.)

7/30. The President's National Security Telecommunications Advisory Committee (NSTAC) published a notice in the Federal Register (FR) in which in announced the date, agenda, and associated deadlines, for its August 16 meeting.

The meeting will take place on Thursday, August 16, 2012, from 2:00 to 3:15 PM, via teleconference. It is open to the public.

The first item on the agenda is a discussion of the Nationwide Public Safety Broadband Network (NPSBN).

The second item on the agenda is a presentation by members of the NSTAC regarding their review of the Department of Homeland Security's (DHS) National Cybersecurity and Communications Integration Center (NCCIC).

The final item on the agenda is a discussion of whether further study is warranted of the NSTAC's proposal to develop a separate out of band data network supporting communications among carriers, ISPs, vendors, and additional critical infrastructure owners and operators during a severe cyber incident that renders the internet unusable.

The deadline to register to present oral comments is 5:00 PM on August 9. The deadline to submit written comments in advance of the meeting is August 10. The deadline to submit post meeting written comments is August 30. See, FR, Vol. 77, No. 146, Monday, July 30, 2012, at Pages 44641-44642.

7/30. The Office of the U.S. Trade Representative (OUSTR) published a notice in the Federal Register (FR) requesting comments regarding the complaints filed with the World Trade Organization (WTO) by the US against the People's Republic of China (PRC) regarding its rare earth materials export policies.

The US, Japan and EU filed complaints (nominally requests for consultations) with the WTO in March of 2012. See, stories titled "US, Japan and EU Take Rare Earths Issue to WTO", "OUSTR Explains Rare Earths Request for Consultations" and "Sen. Murkowski Assigns Some Blame for Rare Earths Problem on US Government Regulation" in TLJ Daily E-Mail Alert No. 2,349, March 14, 2012.

The US, Japna and EU requested that the WTO establish a dispute settlement panel (DSP) on June 27. See, story titled "US, Japan and EU Request WTO DSP for REM Complaint Against PRC" in TLJ Daily E-Mail Alert No. 2,406, July 10, 2012.

The deadline to submit comments is Monday, August 27, 2012. See, FR, Vol. 77, No. 146, Monday, July 30, 2012, at Pages 44706-44707.

7/27. The Government Accountability Office (GAO) released a series of report on software development and information technology costs at federal agencies.

On July 27, the GAO released a report [99 pages in PDF] titled "Information Technology Cost Estimate: Agencies Need to Address Significant Weaknesses in Policies and Practices". It states that "In fiscal year 2012, the federal government plans to spend at least $75 billion on information technology (IT)", so, "it is critical that such investments are based on reliable estimates of program costs".

This report finds that while agencies have cost estimate programs, "With the exception of DOD, these policies omit or lack sufficient guidance on several key components of a comprehensive policy including, for example, management review and acceptance of program cost estimates, the type of work structure needed to effectively estimate costs, and training requirements for all relevant personnel. Without comprehensive policies, agencies may not have a sound basis for making decisions on how to most effectively manage their portfolios of projects."

Hence, at agencies that the GAO studied for this report (which included the Department of Commerce and the Department of Justice, and others), the "likelihood of cost overruns, missed deadlines, and performance shortfalls is significantly increased".

This report was prepared for Sen. Susan Collins (R-ME), the ranking Republican on the Senate Homeland Security and Governmental Affairs Committee (SHSGAC).

Also on July 27, the GAO released a report [39 pages in PDF] titled "Software Development: Effective Practices and Federal Challenges in Applying Agile Methods". It states that "IT expenditures too often have produced disappointing results, including multimillion dollar cost overruns and schedule delays measured in years, with questionable mission-related achievements".

So, recently, "several agencies have tried an alternate approach known as Agile, which calls for producing software in small, short increments."

Moreover, this report states that the Office of Management and Budget (OMB) recommends modular software delivery consistent with Agile. See, OMB December 2010 document titled "25 Point Implementation Plan to Reform Federal Information Technology Management".

This report identifies and discusses "32 practices and approaches as effective for applying Agile software development methods to IT projects." It adds that "The practices generally align with five key software development project management activities: strategic planning, organizational commitment and collaboration, preparation, execution, and evaluation. Officials who have used Agile methods on federal projects generally agreed that these practices are effective. Specifically, each practice was used and found effective by officials from at least one agency, and ten practices were used and found effective by officials from all five agencies."

This report was prepared for Sen. Thomas Carper (D-DE) and Sen. Scott Brown (R-MA), members of the SHSGAC.

On July 25, the GAO released a report [39 pages in PDF] titled "Information Technology: DHS Needs to Further Define and Implement Its New Governance Process".

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The House will meet at 2:00 PM in pro forma session only. See, Rep. Cantor's schedule for the week.

The Senate will meet at 2:00 PM. The Senate will consider the nomination of Robert Bacharach to be a Judge of the U.S. Court of Appeals (10thCir). The schedule for the week may include consideration of S 3414 [LOC | WW], the "Cybersecurity Act of 2012".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its its draft SP 800-130 [112 pages in PDF] titled "A Framework for Designing Cryptographic Key Management Systems".

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice [MS Word], DA 12-818, regarding the privacy and data security practices of mobile wireless services providers with respect to customer information stored on their users' mobile communications devices. See also, notice in the Federal Register, Vol. 77, No. 114, Wednesday, June 13, 2012, at Pages 35336-35338.

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. The House will consider numerous items under suspension of the rules, including HR 3120 [LOC | WW], the "Student Visa Reform Act", HR 6029 [LOC | WW], the "Foreign and Economic Espionage Penalty Enhancement Act of 2012", HR 6063 [LOC | WW], the "Child Protection Act of 2012", and HR 4362 [LOC | WW], the "STOP Identity Theft Act of 2012". Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule for the week.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee's (SHSGAC) Subcommittee on Oversight of Government Management will hold a hearing titled "State of Federal Privacy and Data Security Law: Lagging Behind the Times?". The witnesses will be Mary Ellen Callahan (DHS Chief Privacy Officer), Greg Long (Federal Retirement Thrift Investment Board), Greg Wilshusen (Government Accountability Office), Peter Swire (Ohio State University law school), Chris Calabrese (ACLU), and Paul Rosenzweig (Heritage Foundation). See, notice. Location: Room 628, Dirksen Building.

DATE AND TIME CHANGE. 12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Powering the Mobile Revolution: Principles of Spectrum Allocation". The speakers will be Richard Bennett (ITIF), Christopher McCabe (CTIA), Morgan Reed (Association for Competitive Technology), John Liebovitz (FCC), and Thomas Tower (OSTP). See, notice. Location: Room B-318, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) will meet in executive session. The agenda includes consideration of S 3410 [LOC | WW], a bill to extend the "Undertaking Spam, Spyware, And Fraud Enforcement with Enforcers beyond Borders Act of 2006", which is also known as the "SAFE WEB Act". The agenda also includes consideration of the nomination of Patricia Falcone to be Associate Director of the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP). See, notice. Location: Room 253, Russell Building.

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

4:00 PM. The House Commerce Committee (HCC) will begin its mark up of four bills, including HR 6131 [LOC | WW], a bill to extend the "Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers Beyond Borders Act of 2006" or "SAFE WEB Act". The HCC will hear opening statements of members on July 31. See, notice. Location: Room 2123, Rayburn Building.

The House will meet at 10:00 AM for morning hour and at 2:00 PM for legislative business. See, Rep. Cantor's schedule for the week.

9:30 AM. Two Subcommittees of the House Ways and Means Committee (HWMC) will hold a hearing on removing social security numbers from Medicare cards. See, notice. Location: Room 1100, Longworth Building.

10:00 AM. The House Commerce Committee (HCC) will meet to mark four bills. The fourth item on the agenda is HR 6131 [LOC | WW], a bill to extend the "Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers Beyond Borders Act of 2006" or "SAFE WEB Act". See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The House Judiciary Committee (HJC) will meet to mark up numerous bills. The first item on the agenda is HR 6215 [LOC | WW], an untitled bill to amend the Trademark Act regarding remedies for dilution. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "The Relationship Between Business and Research Universities: Collaborations Fueling American Innovation and Job Creation". The witnesses will be William Green (Accenture), Ray Johnson (Lockheed Martin Corporation), John Hickman (Deere and Company), and Jilda Garton (Georgia Tech Research Corporation). The HSC will webcast this event. See, notice. Location: Room 2318, Rayburn Building.

2:30 PM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing on HR 3889 [LOC | WW], the "Promoting Automotive Repair, Trade, and Sales Act", or "PARTS Act". This bill, sponsored by Rep. Darrell Issa (R-CA) and Rep. Zoe Lofgren (D-CA), would amend the Patent Act to provide an exemption from infringement for certain component parts of motor vehicles. See, notice. Location: Room 2141, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on legislation that would give states authority to impose and collect sales taxes from distant internet sellers. See, notice. Location: Room 253, Russell Building.

The House will meet at 10:00 AM for morning hour and at 2:00 PM for legislative business. See, Rep. Cantor's schedule for the week.

9:30 - 11:00 AM. Sen. Rand Paul (R-KY) will give a speech titled "Will the Real Internet Freedom Please Stand Up". See, notice. Location: Heritage Foundation, 214 Massachusetts Ave., NE.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of S 225 [LOC | WW], the "Access to Information About Missing Children Act of 2011". The agenda also again includes consideration of three U.S. District Court nominees: Jon Tigar (USDC/NDCal), William Orrick (USDC/NDCal), and Thomas Durkin (USDC/NDIll). The SJC will webcast this event. Location: Room 226, Dirksen Building.

1:00 - 2:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "New Age of Discovery: Government’s Role in Transformative Innovation". The speakers will include former Rep. Bart Gordon (D-TN), Kathleen Kingscott (IBM), Eric Toone (ARPA-E), and Arun Majumdar (ARPA-E). See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

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

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

The House will not meet on the weeks of Monday, August 6, through Friday, August 10, Monday, August 13, through Friday, August 17, Monday, August 20, through Friday, August 24, Monday, August 27, through Friday, August 31, or Monday, September 3, through Friday, August 7.

The Senate will not meet on the weeks of Monday, August 6, through Friday, August 10, Monday, August 13, through Friday, August 17, Monday, August 20, through Friday, August 24, Monday, August 27, through Friday, August 31, or Monday, September 3, through Friday, August 7.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Accenture Global Services v. Guidewire Software, App. Ct. No. 2011-1486, an appeal from the U.S. District Court (NDCal) in a patent infringement case. Location: Courtroom 201.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (NPRM) [182 pages in PDF] regarding its collection of universal service taxes. The FCC adopted this item on April 27, 2012, and released the text on April 30. It is FCC 12-46 in WC Docket Nos. 06-122 and GN Docket No. 09-51. See, notice in the Federal Register, Vol. 77, No. 110, Thursday, June 7, 2012, at Pages 33896-33944.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [22 pages in PDF] regarding creating a Do-Not-Call registry for public safety answering points (PSAPs). The FCC adopted this item on May 21, 2012, and released the text on May 22. It is FCC 12-56 in CG Docket No. 12-129. See, notice in the Federal Register, Vol. 77, No. 120, Thursday, June 21, 2012, Pages 37362-37367.