7/31. Sen. Frank Lautenberg (D-NJ) and other Senate Democrats introduced S 3458 [LOC | WW]. Also, Rep. Carolyn McCarthy (D-NY) and other House Democrats introduced HR 6241 [LOC | WW]. These substantially identical bills are both titled the "Stop Online Ammunition Sales Act of 2012". These bills would do many things, one of which would be to ban internet sales of ammunition to consumers.

These bills would amend Title 18, the criminal code. Chapter 44 of Title 18 pertains to "Firearms". These bills would make numerous amendments to sections within Chapter 44. The sponsors tout this bill for barring consumers from making retail purchases of ammunition online. Actually, the bill would increase regulation of transactions involving weapons and ammunition in other ways.

Introduction of these bills follow the July 20, 2012, shooting in Aurora, Colorado. The defendant acquired ammunition online. These bills would not only ban internet sales of ammunition, but broadly expand the existing firearms regulatory regime. However, the other provisions do not implicate the internet or e-commerce, and hence, are not addressed in this story.

Nevertheless, their presence may reduce the likelihood that these bills would be enacted into law.

On the other hand, to the extent that this bill would have the effect of curtailing secondary markets in ammunition, and manufacturers often have reasons to dislike secondary markets, especially internet based markets, these bills could win the support of some industry stakeholders.

The statute regulates, among other things, "dealers". The statute defines dealers as dealers in weapons. This bill would amend the definition of dealer to also include ammunition. That is, ammunition sales would be incorporated into the existing regulatory regime for weapons sales.

The key language in these bills, affecting e-commerce, would provide that "It shall be unlawful ... for ... a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to a person unless the licensed importer, licensed manufacturer, or licensed dealer has verified the identity of the transferee by examining a valid identification document ... of the transferee containing a photograph of the transferee".

Examining an identification document requires a face to face meeting, and hence, would have the effect of banning internet, as well as catalogue and other remote sales.

These bill would also restrict sales of ammunition by anyone except a licensed importer, licensed manufacturer, or licensed dealer. Thus, ordinary individuals in possession of ammunition could not sell in online secondary markets, or even face to face.

These bills would not impact either eBay or Amazon sales, because of their existing policies. eBay's policy titled "Firearms, weapons, and knives policy" already prohibits sale of ammunition, including dummy and inert ammunition. It does allow sales of "Ammunition for BB guns, pellet guns, or airsoft guns" and "Plastic, polymer, rubber, or wooden bullets or ammunition".

Similarly, Amazon's policy titled "Weapons" prohibits sales of ammunition, including blanks and powder. Amazon does allow sales paintball guns, BB guns, and pellet guns, and ammunition for these.

These bills would have no impact upon internet sales things other than ammunition.

Sen. Lautenberg stated in a release that "It's one thing to buy a pair of shoes online, but it should take more than a click of the mouse to amass thousands of rounds of ammunition. This legislation is a simple common-sense step that would put safeguards in place to detect suspicious activity, helping to prevent the sale of ammunition to a terrorist or the next would-be mass murderer."

The Senate bill was referred to the Senate Judiciary Committee (SJC).

The other original cosponsors of the House bill are Rep. Dianne DeGette (D-CO), Rep. John Conyers (D-MI), Rep. Rush Holt (D-NJ), Rep. Chris Van Hollen (D-MD), Rep. Ed Markey (D-MA), Rep. Carolyn Maloney (D-NY), Rep. Janice Hahn (D-CA), Rep. Jerrold Nadler (D-NY), Rep. John Tierney (D-MA), Rep. David Cicilline (D-RI), Rep. James Moran (D-VA), Rep. Anna Eshoo (D-CA0, Rep. Nita Lowey (D-NY), Rep. Keith Ellison (D-MN), Rep. Raul Grijalva D-AZ), and Rep. Jose Serrano (D-NJ). The House bill was referred to the House Judiciary Committee (HJC).

8/1. Rep. Hank Johnson (D-GA) and others introduced HR 6246 [LOC | WW], the "Verifying Official Totals for Elections Act", or "VOTE Act", a bill to require states to give the source code for all voting system software used in federal elections to the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST).

This bill provides that "A voting system used in an election for Federal office in a State may not at any time during the election contain or use any election-dedicated voting system technology which is not deposited by the State (or, at the option of the State, by the vendor of the technology) with the National Software Reference Library of the National Institute of Standards and Technology prior to the date of the election". (Parentheses in original.)

The bill defines "election-dedicated voting system technology" to include "source code" and "file signatures".

The bill also enumerates the circumstances under which the NIST may disclose this software to others, such as in "a party to post-election litigation challenging the result of an election". The bill would require that certain persons with access to source code disclosed pursuant to this bill sign nondisclosure agreements.

Rep. Johnson (at left) stated in a release that "Computers can fail. And they’re never perfectly secure ... The VOTE Act goes a long way to protect the sanctity of the voting process, provides transparency and helps ensure accuracy in elections -- the fundamental underpinning of our democracy".

The bill was referred to the House Administration Committee and the House Science Committee.

The other original cosponsors of the bill are Rep. Rush Holt (D-NJ), Rep. Frederica Wilson (D-FL), Rep. Maurice Hinchey (D-NY), Rep. John Conyers (D-MI), Rep. James Clyburn (D-SC), Rep. Marcia Fudge (D-OH), Rep. Donna Edwards (D-MD), Rep. Roscoe Bartlett (R-MD), and Rep. Chris Van Hollen (D-MD).

8/7. The Government Accountability Office (GAO) released a report [46 pages in PDF] titled "Telecommunications: Exposure and Testing Requirements for Mobile Phones Should Be Reassessed".

The report states that the Federal Communications Commission's (FCC) "current RF energy exposure limit for mobile phones, established in 1996, may not reflect the latest evidence on the thermal effects of RF energy exposure and may impose additional costs on manufacturers and limitations on mobile phone design."

It continues that the "FCC regulates RF energy emitted from mobile phones and relies on federal health and safety agencies to help determine the appropriate RF energy exposure limit. However, FCC has not formally asked FDA or EPA for their assessment of the limit since 1996, during which time there have been significant improvements in RF energy research and therefore a better understanding of the thermal effects of RF energy exposure."

"This evidence has led to a new RF energy exposure limit recommendation from international organizations. Additionally, maintaining the current U.S. limit may result in additional costs for manufacturers and impact phone design in a way that could limit performance and functionality. Reassessing its current RF energy exposure limit would ensure that FCC’s limit protects the public from exposure to RF energy while allowing industry to provide telecommunications services in the most efficient and practical manner possible."

This report recommends that the FCC "reassess the current RF energy exposure limit, including its effects on human health, the costs and benefits associated with keeping the current limit, and the opinions of relevant health and safety agencies, and change the limit if determined appropriate".

The report is dated July 24, but it was not released to the public until August 7, 2012. It was prepared for House Commerce Committee (HCC) Democrats.

8/3. Rep. Dennis Kucinich (D-OH) and others introduced HR 6358 [LOC | WW | PDF], the "Cell Phone Right to Know Act", bill to create a new EPA regulatory regime for RF emissions of mobile devices.

Rep. Kucinich is not running for re-election. He lost in his party primary.

First, this bill would require that the Environmental Protection Agency (EPA) and the National Institute of Environmental Health Sciences, but not the Federal Communications Commission (FCC), study "whether exposure to electromagnetic fields from mobile communication devices causes adverse biological effects in humans". The bill would authorize massive appropriations for this purpose -- $350,000,000 over seven years.

Second, the bill would provide that the EPA "shall promulgate regulations establishing maximum exposure level goals and maximum exposure levels for exposure to electromagnetic fields generated by mobile communication devices."

Third, the bill provides that the FCC "shall implement and enforce the standards adopted" by the EPA, "as if the standards were promulgated by the Commission under the authority of the Communications Act of 1934".

Rep. Kucinich stated in a release that "Consumers have a right to know the radiation levels of cell phones and whether they are buying the phone with the lowest -- or the highest -- level of exposure to cell phone radiation. They also deserve to have up-to-date exposure standards that are put together by health professionals without conflicts of interest".

The bill has two original cosponsors, Rep. Grace Napolitano (D-CA) and Rep. Chellie Pingree (ME). The bill was referred to the House Commerce Committee (HCC).

The House will not meet, except for pro forma sessions, until September 10.

The Senate will not meet, except for pro forma sessions, until September 10.

9:00 AM. The Federal Communications Commission's (FCC) Advisory Committee for the 2015 World Radiocommunication Conference (WRC-15) will hold its first meeting. See, notice. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Northrup Grumman Computing Systems v. US, App. Ct. Nos. 2011-5124 and 2012-5044, appeals from the U.S. Court of Federal Claims. Location: Courtroom 402.

10:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Technical Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, Vol. 77, No. 139, July 19, 2012, at Pages 42482-42483. Location: DOC, Hoover Building, Room 3884, 14th Street between Constitution & Pennsylvania Aves., NW.

11:00 AM - 12:30 PM. The American Bar Association (ABA) will host a webcast and telecast presentation titled "Due Diligence on Chinese Companies: Methods, Tools and Resources for Determining Fact from Fiction". The speaker will be James Zimmerman (Sheppard Mullin). Prices vary. CLE credits. See, notice.

5:00 PM. Deadline to register to present comments at the President's National Security Telecommunications Advisory Committee (NSTAC) August 16 meeting. The agenda includes discussions of (1) the Nationwide Public Safety Broadband Network (NPSBN), (2) the DHS's National Cybersecurity and Communications Integration Center (NCCIC), and (3) the 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. See, notice in the Federal Register, Vol. 77, No. 146, Monday, July 30, 2012, at Pages 44641-44642.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7823 [67 pages in PDF] titled "Advanced Metering Infrastructure Smart Meter Upgradeability Test Framework".

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

Deadline to submit written comments to the President's National Security Telecommunications Advisory Committee (NSTAC) in advance of its August 16 meeting. The agenda includes discussions of (1) the Nationwide Public Safety Broadband Network (NPSBN), (2) the DHS's National Cybersecurity and Communications Integration Center (NCCIC), and (3) the 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. See, notice in the Federal Register, Vol. 77, No. 146, Monday, July 30, 2012, at Pages 44641-44642.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-76-2 [57 pages in PDF] titled "Biometric Data Specification for Personal Identity Verification".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft FIPS-201 -2 [89 pages in PDF] titled "Personal Identity Verification (PIV) of Federal Employees and Contractors".

11:59 PM. Deadline to submit comments to the Executive Office of the President's (EOP) Office of the Intellectual Property Enforcement Coordinator to assist it in developing a "Joint Strategic Plan on Intellectual Property Enforcement". See, notice in the Federal Register, Vol. 77, No. 140, July 20, 2012, at Pages 42765-42767.

The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "3rd Annual End of Summer Rooftop BBQ". The price to attend is $15. Registrations and cancellations are due by 4:00 PM. on August 8. See, notice. For more information contact Justin Faulb at faulbjl at gmail dot com, Delara Derakhshani at delara dot derakhshani at gmail dot com, or Brendan Carr at BrendanTCarr at gmail dot com. Location: undisclosed.

5:00 PM. Deadline to submit initial comments to the Copyright Office (CO) in response to its notice in the Federal Register (FR) regarding its proposed rules that implement the provision of the Satellite Television Extension and Localism Act of 2010 (STELA) that allows copyright owners to audit certain Statements of Account filed with the CO. See, FR, Vol. 77, No. 115, Thursday, June 14, 2012, at Pages 35643-35652. See also, story titled "Copyright Office Issues Proposed STELA Rules Regarding Auditing Statements of Account" in TLJ Daily E-Mail Alert No. 2,398, June 18, 2012.

The Senate will meet at 2:30 PM in pro forma session.

9:00 AM - 5:00 PM. Day one of a two day meeting of the Department of Energy's (DOE) Advanced Scientific Computing Advisory Committee (ASCAC). See, notice in the Federal Register, Vol. 77, No. 147, Tuesday, July 31, 2012, at Pages 45345-45346. Location: American Geophysical Union (AGU), 2000 Florida Ave., NW.

9:00 AM - 12:00 NOON. Day two of a two day meeting of the Department of Energy's (DOE) Advanced Scientific Computing Advisory Committee (ASCAC). See, notice in the Federal Register, Vol. 77, No. 147, Tuesday, July 31, 2012, at Pages 45345-45346. Location: American Geophysical Union (AGU), 2000 Florida Ave., NW.

9:00 AM - 3:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Standards Committee will meet by webcast. See, notice in the Federal Register, Vol. 77, No. 147, Tuesday, July 31, 2012, at Pages 45353-45354.

Deadline to submit reply comments to the Copyright Office (CO) in response to its notice in the Federal Register (FR) in which it proposes rules changes regarding the definition of a claimant for purposes of copyright registration. The CO proposes to eliminate the footnote to the definition of a claimant codified at 37 CFR § 202.3(a)(3)(ii), which provides that a claimant includes individuals or entities that have obtained the contractual right to claim legal title to copyright in an application for copyright registration. See, FR, Vol. 77, No. 96, Thursday, May 17, 2012, at Pages 29257-29259. See also, story titled "Copyright Office Proposes to Change Definition of Claimant" in TLJ Daily E-Mail Alert No. 2,386, May 30, 2012.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and telecast panel discussion titled "A New Beginning in the End: Sound Recording Copyright Terminations -- A Discussion and Debate". The speakers will be Lisa Alter (Alter & Kendrick), Lacy Lodes (Consor Intellectual Asset Management), Lisa Buckley (Pryor Cashman), Marybeth Peters (Oblon Spivak), and Mark Jaffe (Ekeland & Jaffe). Prices vary. CLE credits. See, notice.

2:00 - 3:15 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will meet via teleconference. The agenda includes discussions of (1) the Nationwide Public Safety Broadband Network (NPSBN), (2) the DHS's National Cybersecurity and Communications Integration Center (NCCIC), and (3) the 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. This event is open to the public. There will be a period for public comments. The deadline to register to present comments is August 9. The deadline to submit comments in advance of the meeting is August 10. The deadline to submit post meeting comments is August 30. See, notice in the Federal Register, Vol. 77, No. 146, Monday, July 30, 2012, at Pages 44641-44642.

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