8/29. Sen. Rob Portman (R-OH) and former Secretary of State Condi Rice gave speeches at the Republican National Convention in which they discussed free trade, free trade agreements, and the People's Republic of China (PRC).

Rice said in her speech that "We must work for an open global economy and pursue free and fair trade -- to grow our exports and our influence abroad."

She said that "In the last years, the United States has ratified three trade agreements, all negotiated in the Bush Administration. If you are concerned about China's rise -- consider this fact -- China has signed 15 Free Trade Agreements and is negotiating 20 more. Sadly we are abandoning the playing field of free trade -- and it will come back to haunt us."

Those three US FTAs are with Korea, Columbia and Panama. Negotiations were completed late during the Bush administration. However, the Democratic controlled House and Senate during the 110th and 111th Congresses did not approve them. Also, the Obama administration delayed. Finally, the House and Senate approved implementing legislation during the 112th Congress in 2011.

While the Obama administration has not concluded, or even initiated, any bilateral FTAs, it has pursued multilateral trade agreements. It concluded the Anti-Counterfeiting Trade Agreement (ACTA), and is currently negotiating the Trans-Pacific Partnership Agreement (TPPA).

The Clinton and Bush administrations were more active in concluding bilateral FTAs. However, the US currently has only 19 bilateral FTAs in effect. Moreover, many of these are with small nations, with small economies, such as Jordan, Honduras, Guatemala, Dominican Republic, Costa Rica, and El Salvador.

Also, the US has Trade and Investment Framework Agreements (TIFA) with a larger number of nations. The Office of the U.S. Trade Representative (OUSTR) announced in a release on August 31 that the "United States and Cambodia have agreed to begin exploratory discussions on a potential bilateral investment treaty".

Nevertheless, the US has neither a FTA nor TIFA with such key trading partners as Japan, Taiwan, PRC, India, or Brazil.

There are people in the US and other countries who advocate such agreements. See for example, story titled "Panel Discusses Possible FTA with Taiwan" in TLJ Daily E-Mail Alert No. 1,418, July 26, 2006.

Also, while Rice discussed the disparate pursuit of FTAs by the US and PRC, she said nothing about the European Union's, Japan's or other nations' pursuit of FTAs. For example, last month the EU Trade Commissioner Karel De Gucht gave a speech regarding opening FTA negotiation with Japan.

Sen. Portman (at right) was briefly the U.S. Trade Representative during the Bush administration. He said in his convention speech that "While this administration has been dragging its feet, other countries have been busy negotiating hundreds of new trade agreements to benefit their workers and their farmers, taking away our opportunities."

He continued that "President Obama has been so driven to advance his big government ideology that he has abandoned the daily economic work that a government must do to open markets, restore business confidence and create the climate for job growth."

"Take trade with China. China manipulates its currency giving it an unfair trade advantage. So why doesn’t the president do something about it? I'll tell you one reason -- President Obama could not run up his record trillion dollar deficits if the Chinese did not buy our bonds to finance them."

"We need to knock down these trade barriers abroad", said Sen. Portman.

8/28. The Information Technology and Innovation Foundation (ITIF) released a paper [32 pages in PDF] titled "Gold Standard or WTO-Lite? Why the Trans-Pacific Partnership Must Be a True 21st Century Trade Agreement". The author is the ITIF's Stephen Ezell.

The next round of negotiations will take place in Leesburg, Virginia, on September 6-15, 2012. See, notice.

The parties to the ongoing TPP negotiations are Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam, and the US. However, many, including the ITIF, argue that the TPP agreement should also serve as "a foundation upon which a stronger set of global trade rules can be built".

This paper states that "while the TPP has the potential to be a model 21st century free trade agreement, it will only become so if it both includes and holds the nations that sign it to the very highest standards, including those regarding intellectual property rights (IPR) protection; liberalized trade in services; transparency and openness in government procurement practices; restrictions on preferential treatment toward state-owned enterprises (SOEs); elimination of a host of non-tariff barriers (NTBs), including barriers to foreign direct investment (FDI)" and "market access".

It adds that "a number of significant outstanding issues remain to be negotiated and successfully concluded, especially those regarding IPR protection and enforcement as well as market access rights, if the TPP is to be regarded as a true 21st century trade agreement".

The ITIF argues that "it would be a mistake for the United States to enter into a sub-standard TPP that offers only weak IP protections or that permits countries to maintain their mercantilist practices; doing so would in fact be far worse than not joining the agreement."

It notes that the Obama administration "understandably desires to score a quick win on trade, particularly in an election year and with the country facing the prospect of prolonged unemployment and economic stagnation".

This paper does not reference an opinion piece published in Politico on August 17, written by Democratic pollster Douglas Schoen, titled "Democrats Trans Pacific Partnership tighrope".

Schoen wrote that "In any other year, these sorts of trade negotiations would be a sideshow for inside-the-Beltway policy experts. With unemployment at 8.3 percent, however, and voters tuning in to hear what both candidates plan to do about it, adopting a strong IP framework is as politically sensible as any domestic policy platform gets."

Much of this ITIF paper argues for the inclusion of IPR provisions that are not related to information or communications technology, such as "12 years of data exclusivity for biologics".

However, it argues for copyright protection, noting that many of the participating nations are on the Office of the U.S. Trade Representative's (OUSTR) Priority Watch List or Watch List for copyright related matters. The ITIF also argues that the TPP agreement "should require parties to criminalize the willful theft of trade secrets".

This paper also argues that greater IP protection would promote innovation, and would be in the economic interests of the US, other nations that join in the TPP agreement, and the rest of the world.

This extensively footnoted paper does not reference groups, including US based groups, that are arguing for what the ITIF would likely label as "weak IP protections".

See for example, Computer and Communications Industry Association's (CCIA) opinion piece, opinion piece, and release, and comments submitted to the Intellectual Property Enforcement Coordinator. See also, Public Knowledge (PK) opinion piece and related story in this issue titled "Public Knowledge Argues for IP Balance In TPPA".

8/24. The Public Knowledge (PK) released a short piece titled "Intellectual Property in the TPP: How About a Little Balance?" The authors are the PK's Rashmi Rangnath, who focuses on intellectual property (IP) in the information and communications technology (ICT) sectors, and the Public Citizen's Peter Maybarduk, who focuses on IP in biotech.

The two wrote that "intellectual property practices and rules can stifle innovation and limit needed competition: abusive copyright claims intended to prevent introduction of new and innovative products and services; overbroad patents that hold back research and invention; trademark claims designed to stifle competition rather than prevent consumer confusion about the origin of goods and services. While protecting trademarks, copyrights, and patents can be useful, so is placing smart limits on exclusivity."

Rangnath (at right) and Maybarduk continued that "Inadequate balance in copyright law would prevent the creation and distribution of new creative works, like news reports and documentary films that use existing films, music, and photographs".

They also wrote that "many industry sectors, like consumer electronics and information technology -- which add significant value to the economy -- would be unable to function without limits to copyright protection. These industries make products that let people use content in convenient ways. For instance, MP3 players let people transfer songs they have already bought from their computer to these devices. The making and marketing of these products would have been jeopardized without the protections provided by fair use. Such limits are an essential part of US law but are extremely weak in the TPP."

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Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-94 Rev. 1 [111 pages in PDF] titled "Guide to Intrusion Detection and Prevention Systems (IDPS)".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-83 Rev. 1 [45 pages in PDF] titled "Guide to Malware Incident Prevention and Handling for Desktops and Laptops".

Deadline to briefs and statements to the U.S. International Trade Commission (USITC) in advance of its September 12 hearing on the probable economic effect of providing duty free treatment for imports under the U.S.-Trans-Pacific Partnership Free Trade Agreement. See, notice in the Federal Register, Vol. 77, No. 155, August 10, 2012, at Pages 47880-47882.

EXTENDED TO OCTOBER 31. Deadline to submit applications to the U.S. Patent and Trademark Office (USPTO) under its Humanitarian Awards Pilot Program. See, original notice in the Federal Register, Vol. 77, No. 26, February 8, 2012, at Pages 6544-6548. See also, extension notice in the Federal Register, Vol. 77, No. 160, August 17, 2012, at Pages 49782-49783.

Labor Day. This is a federal holiday. See, OPM list of 2012 federal holidays.

The Senate will meet at 11:30 AM in pro forma session.

Day one of three of the Democratic National Convention.

12:00 NOON. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding Canada's participation in the negotiation of a Trans Pacific Partnership (TPP) trade agreement. September 4 is also the deadline to submit requests to present oral testimony at the OUSTR's hearing on September 24, 2012 See, notice in the Federal Register Vol. 77, No. 141, July 23, 2012, at Pages 43131-43133.

12:00 NOON. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding Mexico's participation in the negotiation of a Trans Pacific Partnership (TPP) trade agreement. September 4 is also the deadline to submit requests to present oral testimony at the OUSTR's hearing on September 21, 2012 See, notice in the Federal Register Vol. 77, No. 141, July 23, 2012, at Pages 43131-43133.

Deadline to submit comments to the Copyright Royalty Board (CRB) in response to its notice in the Federal Register (FR) that requests comments regarding (1) a motion of Phase I claimants for partial distribution in connection with the 2010 satellite royalty funds, and (2) the existence of Phase I and Phase II controversies with respect to the distribution of 2010 satellite royalty funds. See, FR, Vol. 77, No. 150, Friday, August 3, 2012, at Page 46526.

Deadline to submit comments to the Copyright Royalty Board (CRB) in response to its notice in the Federal Register (FR) that requests comments regarding (1) a motion of Phase I claimants for partial distribution in connection with the 2010 cable royalty funds, and (2) the existence of Phase I and Phase II controversies with respect to the distribution of 2010 cable royalty funds. The deadline to submit comments in September 4, 2012.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to the National Cable & Telecommunications Association's (NCTA) Petition for Partial Reconsideration [7 pages in PDF] of the FCC's Report and Order implementing the Commercial Advertisement Loudness Mitigation Act, or CALM Act, which is codified at 47 U.S.C. § 621. The FCC adopted and released this R&O on December 13, 2011. It is FCC 11-182 in MB Docket No. 11-93. The NCTA argues, among other things, that the FCC confused promotion of television programming for commercial advertisements. See, notice in the Federal Register, Vol. 77, No. 161, Monday, August 20, 2012, at Page 50071. See also, story titled "NCTA Petitions FCC for Reconsideration of CALM Act Rules" in TLJ Daily E-Mail Alert No. 2,432, August 20, 2012.

Day two of three of the Democratic National Convention.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Raylon v. Complus Data Innovations, App. Ct. No. 2011-1355. This is an appeal from the U.S. District Court (EDTex) in patent infringement cases. The issues are denials of FRCP Rule 11 motions for sanctions, and denials of motions for attorneys fees under 35 U.S.C.§ 285. HR 6245 [LOC | WW | TLJ], the "Saving High-tech Innovators from EgregiousPresident's Export Council Subcommittee on Export Administration (PECSEA) w Court to Award Costs and Attorneys Fees to Prevailing Parties in IT Patent Cases" in TLJ Daily E-Mail Alert No. 2,420, August 4, 2012. Panel D. Location: Courtroom 201.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Alcohol Monitoring System v. Actsoft, App. Ct. No. 2012-1066. This is another appeal from the U.S. District Court (DColo) in the patent infringement case involving technology used in the Lindsay Lohan SCRAM ankle bracelet. Panel D. Location: Courtroom 201.

12:00 NOON. The World Wide Web Consortium's (W3C) Tracking Protection Working Group will meet by teleconference. The call in number is 1-617-761-6200. The passcode is TRACK (87225).

12:15 - 1:30 PM. The Federal Communications Commission's (FCC) Bobby Baker (Media Bureau) and Hope Cooper (Media Bureau) will discuss the FCC's political advertising rules. This is a free brown bag lunch. The Federal Communications Bar Association (FCBA) states that this is an event hosted by its Mass Media Committee. Location: National Association of Broadcasters, 1771 N St., NW.

Day three of three of the Democratic National Convention.

10:00 AM. The President's Export Council's (PEC) Subcommittee on Export Administration will hold a partially closed meeting. See, notice in the Federal Register, Vol. 77, No. 162, August 21, 2012, at Page 50463. Location: Department of Commerce, Hoover Building, Room 4830, 14th Street between Pennsylvania and Constitution Avenues, NW.

10:00 AM - 3:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (NCOHIT) HIT Policy Committee will meet. See, notice in the Federal Register, Vol. 77, No. 163, August 22, 2012, at Page 50690-50691. Location: Washington Marriott, 1221 22nd St., NW.

1:00 - 2:00 PM. The law firm of Fulbright & Jaworski (FJ) will host a webcast panel discussion titled "FTC Speaks Through Spokeo: When Privacy Meets FCRA: Web and Social Media Data Collection in the Crosshairs". See, June 7, 2012, Complaint, Stipulation, and Consent Decree in USA v. Spokeo, U.S. District Court (CDCal), D.C. No. 2:12-cv-05001-MMM-SH. The speakers will be Jamie Hine (FTC Division of Privacy & Identity Protection), Shauna Clark (FJ), Erika Lee (FJ), Sue Ross (FJ), and Pamela Harbour (FJ). See, registration page.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Privacy and Information Security Update". The speakers will be Benita Kahn (Vorys Sater Seymour & Pease), Kelly DeMarchis (Venable), and Julia Kernochan Tama (Venable). No CLE credits. See, notice.

1:30 - 4:30 PM. The U.S. Patent and Trademark Office (USPTO) will hold a public roundtable regarding its notice of proposed rulemaking and a notice of proposed examination guidelines to implement the first inventor to file provisions of the Leahy Smith America Invents Act. See, notice of proposed rules in the Federal Register (FR) Vol. 77, No. 144, July 26, 2012, at Pages 43742-43759; notice of proposed examination guidelines in the FR, Vol. 77, No. 144, July 26, 2012, at Pages 43759-43773; and, notice of public roundtable in the FR, Vol. 77, No. 159, August 16, 2012, at Pages 49427-49428. See also, story titled "USPTO Announces First Inventor to File NPRM and Roundtable" in TLJ Daily E-Mail Alert No. 2,430, August 16, 2012. Location: USPTO, Madison Auditorium, Madison Building, 600 Dulany Street, Alexandria, VA.

Deadline to submit comments to the Copyright Royalty Board regarding the Alliance of Artists and Recording Companies' (AARC) motion for partial distribution in connection with 2011 DART Sound Recordings Fund royalties. See, notice in the Federal Register, Vol. 77, No. 152, August 7, 2012, at Pages 47120-47121.

The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) is scheduled to release its August 2012 unemployment data.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the Wireline Competition Bureau's WCB) Public Notice [23 pages in PDF] regarding expanding FCC subsidies for rural health care providers to include broadband. The FCC released this item on July 19, 2012. It is DA 12-1166 in WC Docket No. 02-60. See, notice in the Federal Register, Vol. 77, No. 144, Thursday, July 26, 2012, at Pages 43773-43780.

Labor Day. No events listed.

Day one of a three day event titled "Democratic National Convention". See, event web site. Location: Charlotte, North Carolina.

1:45 - 6:00 PM. The University of Colorado's (UC) Silicon Flatirons Center (SFC) will host a conference titled "The Changing Dynamics of Video Programming". There will be three panels. The first panel is titled "The Changing Economics of Video Content Delivery and Distribution Arrangements". The speakers will be Matt Bond (NBC Universal), Byron Grandy (Scripps Howard Broadcasting), Jim Packer (Lionsgate), Allan Singer (Charter Communications), Niki Tuttle (Hogan Lovells), and Phil Weiser (SFC). The second panel is titled "The Dynamics of Sports Programming". The speakers will be Sean Bratches (ESPN), David Hill (News Corporation), Pantelis Michalopoulos (Steptoe & Johnson), David Shull (DISH Network), Melinda Witmer (Time Warner Cable), and Preston Padden (SFC). The third panel is titled "Emerging Technological Platforms and Market Responses". The speakers will be Richard Green (SFC), Irv Kalick (Google), Tom Lookabaugh (ViaSat), John Suranyi (Sencore, Inc.), and Douglas Sicker (UC). CLE credits. See, notice. The price to attend ranges from free to $40. Location: UC Law School, Wittemyer Courtroom, Wolf Law Building, 2450 Kittredge Loop, Boulder, Colorado.

Day two of a three day event titled "Democratic National Convention". See, event web site. Location: Charlotte, North Carolina.

Day one of a two day meeting hosted by the Department of the Air Force's Public Interface Control Working Group (ICWG) discuss NAVSTAR GPS public Signals in Space (SiS) documents. See, notice in the Federal Register, Vol. 77, No. 121, Friday, June 22, 2012, at Page 37660. The deadline to submit comments is July 20, 2012. The deadline to register is August 6, 2012. Location: SAIC Facility 300 North Sepulveda Blvd., 2nd Floor, Conference Room 2060 El Segundo, California.

Day three of a three day event titled "Democratic National Convention". See, event web site. Location: Charlotte, North Carolina.

Day two of a two day meeting hosted by the Department of the Air Force's Public Interface Control Working Group (ICWG) discuss NAVSTAR GPS public Signals in Space (SiS) documents. See, notice in the Federal Register, Vol. 77, No. 121, Friday, June 22, 2012, at Page 37660. The deadline to submit comments is July 20, 2012. The deadline to register is August 6, 2012. Location: SAIC Facility 300 North Sepulveda Blvd., 2nd Floor, Conference Room 2060 El Segundo, California.

Day one of a two day conference titled "Perceptions, Privacy and Permissions: the Role of Consent in On-line Services". See, conference web site. Location: Babeş-Bolyai University, Cluj-Napoca, Romania.

Day two of a two day conference titled "Perceptions, Privacy and Permissions: the Role of Consent in On-line Services". See, conference web site. Location: Babeş-Bolyai University, Cluj-Napoca, Romania.