12/19. Sen. John Rockefeller (D-WV) announced in a release that "I have introduced legislation to direct the National Academy of Sciences to investigate the impact of violent video games and other content on children's well-being."

He added that "Recent court decisions demonstrate that some people still do not get it."

The Supreme Court ruled 7-2 in Brown v. EMA & ESA last year that video games are speech protected by the First Amendment. A state can only restrict video games content if the restriction satisfies the Supreme Court's stringent strict scrutiny test. It must be "justified by a compelling government interest and is narrowly drawn to serve that interest".

See, June 27, 2011 opinion, and story titled "Supreme Court Holds First Amendment Protects Video Games" in TLJ Daily E-Mail Alert No. 2,250, June 28, 2011.

He said that "we need to do more and explore ways Congress can lay additional groundwork on this issue".

Sen. Rockefeller also said that "I will be calling on the Federal Trade Commission and the Federal Communications Commission to expand their work in this area. The FTC has reviewed the effectiveness of the video game ratings system. The FCC has looked at the impact of violent programming on children. Changes in technology now allow kids to access violent content on-line with less parental involvement. It is time for these two agencies to take a fresh look at these issues."

12/19. The U.S.-China Joint Commission on Commerce and Trade held two days of closed meetings in Washington DC on December 18 and 19, 2012.

The Department of Commerce (DOC) asserted in a release that there was "meaningful progress on key elements".

Rebecca Blank (at right), the acting Secretary of Commerce, stated in this release that "we were able to address U.S. concerns relating to intellectual property and innovation, to agree on the elimination of significant regulatory obstacles that were impeding U.S. exports, and to secure meaningful steps for dealing with core issues in China’s Government Procurement Agreement accession."

This release adds that "The U.S. and Chinese governments also today signed agreements related to enhancing understanding and measurement of bilateral trade, and increasing the numbers of reverse trade missions which support China's continued development while creating more U.S. exports and jobs." However, the DOC did not release the text of any such agreements.

12/17. Sen. Amy Klobuchar (D-MN) and Sen. Jeff Sessions (R-AL) introduced S 3688 [LOC | WW], the "Stopping Tax Offenders and Prosecuting Identity Theft Act of 2012'" or "STOP Identity Theft Act of 2012", a bill pertaining to tax return identity theft. It was referred to the Senate Judiciary Committee (SJC).

This is another bill intended to fight tax return identity theft, in which criminals file false tax returns using the name and social security number of another person, in order to fraudulently receive a refund owed to that person. The practice is rampant.

The Treasury Inspector General for Tax Administraton (TIGTA) released a report [40 pages in PDF] on August 2, 2012, that states that for 2010 it "identified almost 1.5 million tax returns with potential fraudulent tax refunds totaling in excess of $5.2 billion that were not detected by the IRS". See, story titled "Treasury IG Reports That IRS Hands Out Billions in Fraudulent Refunds to ID Thieves" in TLJ Daily E-Mail Alert No. 2,422, August 6, 2012.

The just introduced bill has overlap with HR 4362 [LOC | WW], a House bill with the same title. Rep. Debbie Schultz (D-FL) and Rep. Lamar Smith introduced HR 4362 on April 17, 2012. See, story titled "Rep. Smith and Rep. Schultz Introduce Bill Pertaining to Tax Return Identity Theft" in TLJ Daily E-Mail Alert No. 2,374, April 18, 2012.

The House passed HR 4362 on August 1, 2012. See, story titled "House Passes Tax Return ID Theft Bill" in TLJ Daily E-Mail Alert No. 2,418, August 2, 2012.

Sen. Klobuchar and Sen. Sessions also filed the text of S 3688 as an amendment to HR 4362, Amendment No. 3343, on December 17.

Both S 3688 and HR 4362 would amend 18 U.S.C. § 1028, which currently prohibits only the theft of the identity of an individual person, to also prohibit the theft of the identity of a business or other entity. Although, the language of the two bills differs.

Both bills would require the Department of Justice (DOJ) to report on "trends in the incidence of tax return identity theft" and the "effectiveness" of existing statutory tools for prosecution, and make recommendations for "additional statutory tools".

HR 4362 would make tax fraud (26 U.S.C. § 7206 or 26 U.S.C. § 7207) a predicate offense for elevating identity theft (18 U.S.C. § 1028) to aggravated identity theft (18 U.S.C. § 1028A). S 3688 does not contain this language.

However, S 3688 would amend 18 U.S.C. § 1028(b)(3), which specifies punishments, to provide that identity theft in violation of § 1028(a) that also involves tax fraud in violation of § 7206 or § 7207, is punishable at the highest level, up to 20 years in prison.

Neither bill would do anything to change the methods by which the IRS processes returns and issues refunds.

There are other related bills pending in the House and Senate. See, HR 6205 [LOC | WW], the "Protect and Save Act of 2012", introduced on July 26, 2012, and S 3432 [ LOC | WW], the "Identity Theft and Tax Fraud Prevention Act", introduced on July 25, 2012. See also, story titled "More Tax Return ID Theft Bills Introduced" in TLJ Daily E-Mail Alert No. 2,422, August 6, 2012.

12/14. The National Cable and Telecommunications Association (NCTA) released a paper [18 pages in PDF] titled "The Economics of Usage-Based Pricing in Local Broadband Markets". The authors are Johannes Bauer and Steven Wildman of Michigan State University.

They argue that "the effects of well-designed UBP plans on consumers are likely to be beneficial, as are the effects of UBP on investments in the broadband infrastructure".

First, "Compared to UBP, a government-mandated single-price approach to pricing broadband biases the design and pricing of service toward the interests of subscribers willing to pay the most to the detriment of low volume and low income consumers who are less likely to be offered service packages they are willing to purchase. On the other hand, with UBP it may be profitable for ISPs to offer lower-priced options attractive to consumers who otherwise would not take service, thereby ensuring that a larger percentage of the US population enjoys the benefits of broadband."

Second, "By enabling ISPs to profitably offer services to different groups of customers based on their differential needs and usage of broadband service, UBP not only makes the benefits of broadband service available to consumers who otherwise would not be willing to pay for service, but also makes the provision of broadband service more profitable. This, in turn, encourages investments in network improvements and extensions, including investments in unserved and underserved areas."

In contrast, the Public Knowledge (PK) has criticized UBP. See for example, April 23, 2012, paper titled "Know Your Limits: Considering the Role of Data Caps and Usage Based Billing in Internet Access Service". That paper praised flat rate price plans, and criticized both UBP plans and data caps on flat rate plans. See also, story titled "Public Knowledge Paper Urges FCC Oversight of BIAS Pricing Plans" in TLJ Daily E-Mail Alert No. 2,380, April 25, 2012.

12/18. The House Judiciary Committee (HJC) Republicans named Subcommittee Chairmen for the 113th Congress. See, release.

Rep. Howard Coble (R-NC) will be Chairman of the Subcommittee on Courts, Intellectual Property and the Internet. This Subcommittee will have jurisdiction over bills directed at curbing online piracy, as well as other bills related to copyright, patents, and trademarks.

This will be Rep. Coble's second stint as Chairman of the IP subcommittee. Also, it might be recalled that he sponsored HR 2281 (105th Congress), the "Digital Millennium Copyright Act".

Rep. Jim Sensenbrenner (R-WI) will be Chairman of the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. This subcommittee will have jurisdiction over bills to reform the Electronic Communications Privacy Act (ECPA), as well as other bills pertaining to wiretaps, electronic surveillance, and computer hacking.

Rep. Spencer Bachus (R-AL) (at right) will be Chairman of the Subcommittee on Regulatory Reform, Commercial and Antitrust Law.

Rep. Trent Franks (R-AZ) will be Chairman of the Subcommittee on the Constitution and Civil Justice.

Rep. Trey Gowdy (R-SC) will be Chairman of the Subcommittee on Immigration and Border Security.

The HJC also announced new Republican members. See, release.

Rep. Bachus will return to the HJC. He took a three term leave of absence to be the ranking Republican and then Chairman of the House Financial Services Committee.

The other new members will be:

• Rep. Blake Farenthold (R-TX).
• Rep. Raul Labrador (R-ID).
• Rep. elect Doug Collins (R-GA).
• Rep. elect Ron DeSantis (R-FL).
• Rep. elect George Holding (R-NC).
• Rep. elect Keith Rothfus (R-PA).

Neither Rep. Coble, Rep. Bachus, Rep. Farenthold nor Rep. Labrador are cosponsors of HR 3261 [LOC | WW], the "Stop Online Piracy Act" or "SOPA". However, Rep. Goodlatte is a cosponsor. Also, during the HJC mark up of the bill in December of 2011, he was its most expert and informed advocate.

12/19. Sen. Patrick Leahy (D-VT) announced in a release that he will remain Chairman of the Senate Judiciary Committee (SJC) in the 113th Congress. He stated that "Chairing the Judiciary Committee and maintaining my seniority on the Appropriations Committee will allow me to protect both the Constitution and Vermont."

12/19. The Senate Commerce Committee (SCC) has not yet voted on numerous nominations, including those of Mignon Clyburn (FCC) and Joshua Wright (FTC). The SCC had rescheduled a meeting for December 18, which it rescheduled for December 19. The SCC meet on December 19, but lacked a quorum.

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The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It may consider the conference report on HR 4310 [LOC | WW], the "National Defense Authorization Act for Fiscal Year 2013". See, Rep. Cantor's schedule.

The Senate will meet at 11:00 AM. It will resume consideration of HR 1 [LOC | WW], the vehicle for the supplemental appropriations bill.

9:00 AM. The House Intelligence Committee (HIC) will hold a closed business meeting. The agenda includes "Investigative Report on the U.S. National Security Issues Posed by Chinese Telecommunications Companies Huawei and ZTE". See, HIC notice. See also, story titled "House Intelligence Committee Report Finds Huawei and ZTE Could Undermine US National Security" in TLJ Daily E-Mail Alert No. 2,461, October 15, 2012. Location: Room HVC-304, Capitol Visitor Center.

9:30 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304. Capitol Visitor Center.

POSTPONED. 10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda contains no technology related items. Location: Room 226, Dirksen Building.

12:00 NOON - 1:30 PM. The Center for Strategic and International Studies (CSIS) will host panel discussion titled "The Results and Impact of the 2012 Korean Presidential Elections". See, notice. Location: CSIS, basement conference room, 1800 K St., NW.

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

Rep. Cantor's schedule states that the House will meet at 9:00 AM for legislative business.

Deadline to submit requests to participate in the U.S. Patent and Trademark Office (USPTO) January 11, 2013 roundtable on the possibility of changing USPTO rules of practice to require the disclosure of real party in interest information during patent prosecution and at certain times post-issuance. See, notice in the Federal Register, Vol. 77, No. 227, November 26, 2012, at Pages 70385-70389. See also, story titled "USPTO to Host Roundtable on Requiring Real Party in Interest Disclosures" in TLJ Daily E-Mail Alert No. 2,483, December 5, 2012.

EXTENDED TO JANUARY 25. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [205 pages in PDF] regarding incentive auctions. The FCC adopted this NPRM on September 28, and released the text on October 2. It is FCC 12-118 in Docket No. 12-268. See, notice in the Federal Register,  Vol. 77, No. 225, November 21, 2012, at Pages 69933-69992. See also, stories titled "FCC Adopts NPRM on Incentive Auctions" and "FCC Adopts Spectrum Aggregation NPRM" in TLJ Daily E-Mail Alert No. 2,455, October 1, 2012. See, extension notice in the Federal Register, Vol. 77, No. 239, December 12, 2012, at Page 73969.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding implementation of Phase II of the Mobility Fund, which pertains to universal service fund subsidies for mobile broadband. The FCC released this PN on November 27, 2012. It is DA 12-1853 in WC Docket No. 10-90 and WT Docket No. 10-208.  See, notice in the Federal Register, Vol. 77, No. 238, December 11, 2012, at Pages 73586-73589.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [50 pages in PDF] regarding spectrum aggregation limits and analyzing spectrum holdings. The FCC adopted and released this item on September 28, 2012. It is FCC 12-119 in WT Docket No. 12-269. See, notice in the Federal Register Vol. 77, No. 195, October 9, 2012, at Pages 61330-61350. See also, TLJ story titled "FCC Adopts Spectrum Aggregation NPRM" in TLJ Daily E-Mail Alert No. 2,455, October 1, 2012.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [18 pages in PDF] regarding the amateur radio service. The FCC adopted this NPRM on October 1, 2012, and released the text on October 2. It is FCC 12-121 in WT Docket Nos. 12-283 and 09-209. See, notice in the Federal Register, Vol. 77, No. 206, October 24, 2012, at Pages 64947-64949.

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

221st Birthday of Charles Babbage.

EXTENDED TO JANUARY 7. Deadline to submit comments to the Federal Communications Commission (FCC) in response to its November 1 Public Notice (PN) seeking updated information and comment on review of hearing aid compatibility regulations. This PN is DA 12-1745 in WT Docket No. 10-254. See, November 27 extension Public Notice (DA 12-1898) and extension notice in the Federal Register, Vol. 77, No. 234, December 5, 2012, at Pages 72294-72295.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [21 pages in PDF] regarding applications and notifications from foreign carriers or affiliates of foreign carriers for entry into the U.S. market for international telecommunications services and facilities under section 214 of Communications Act. This pertains to the effective competitive opportunities test or ECO Test. The FCC adopted this NPRM on October 10, and released the text on October 11. It is FCC 12-125 in IB Docket No. 12-299. See, notice in the Federal Register, Vol. 77, No. 227, November 26, 2012, at Pages 70400-70407.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) [7 pages in PDF] regarding hearing aid compatibility of wireless handsets. This PN is DA 12-1745 in WT Docket No. 10-254. See, notice in the Federal Register, Vol. 77, No. 227, November 26, 2012, at Pages 70407-70409.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its December 3, 2012 Public Notice (PN) that seeks comments on the FCC Media Bureau's November 14, 2012 report [121 pages in PDF] regarding regulation of media ownership. The December 3 PN is DA 12-1946. The November 14 report is DA 12-1667. See also, notice in the Federal Register, Vol. 77, No. 237, Monday, December 10, 2012, at Pages 73461-73462, and story titled "Sen. Sanders and Others Urge FCC to Continue Ancient Newspaper Broadcast Cross Ownership Rule" in TLJ Daily E-Mail Alert No. 2,484, December 6, 2012.

No events listed.

109th birthday of John von Neumann.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [42 pages in PDF] regarding disability access to televised emergency information. This NPRM is FCC 12-142 in MB Docket No. 12-107. The FCC adopted it on November 16, and released the text on November 19. See, notice in the Federal Register, Vol. 77, No. 229, November 28, 2012, at Pages 70970-70987.

12/19. Berin Szoka (at right) of the Tech Freedom wrote a short piece titled "FTC's Revised COPPA Rule Invites Court Challenge, Will Cripple Kids' Sites". He wrote that "by deeming persistent identifiers as personal information per se, the FTC's new rule runs contrary to established U.S. privacy law: federal courts have unanimously decided that IP addresses do not allow the contacting of a specific individual." He also wrote that "the COPPA statute does not allow the FTC to impose liability on sites that do not collect children's information merely because the operator may somehow benefit from an ad network or plug-in operator collecting information -- provided the third party neither targets children nor shares information with the site operator." Also, "If a third party becomes liable once a single employee ``recognizes the child-directed nature´´ of a website -- whatever that means -- COPPA will become the worst kind of notice-and-takedown system: Would a single complaint -- or tweet -- from a parent or activist group create ``knowledge?´´" See also, FTC notice and story titled "FTC Releases Expanded COPPA Rules" in TLJ Daily E-Mail Alert No. 2,494, December 19, 2012.

12/19. The National Geographic Society (NGS) posted an item in Facebook's Instagram that states that "@NatGeo is suspending new posts to Instagram. We are very concerned with the direction of the proposed new terms of service and if they remain as presented we may close our account." See also, story titled "Facebook's New Instagram Terms Affect Users' Privacy and Proprietary Interests" in TLJ Daily E-Mail Alert No. 2,493, December 18, 2012.

12/18. Rep. Rush Holt (D-NJ) introduced HR 6678 [LOC | WW], a bill to amend the Internal Revenue Code to encourage research at community colleges and other institutions of higher education. It was referred to the House Ways and Means Committee and House Education and Workforce Committee.

12/18. Rep. Tom Reed (R-NY) and Rep. Lloyd Doggett (D-TX) introduced HR 6682 [LOC | WW], the "Standard Data and Technology Advancement Act of 2012" or "Standard DATA Act", a bill to establish consistent requirements for the electronic content and format of data used in the administration of certain human services programs under the Social Security Act. It was referred to the House Ways and Means Committee and the House Commerce Committee. Rep. Reed stated in a release that "By using a common language and consistent data standards, we can increase the integrity and effectiveness of these programs -- saving taxpayer dollars as a result".

12/18. Officers and Directors of Facebook filed with the Securities and Exchange Commission (SEC) Form 4 disclosures of the sale of stock on December 18, 2012. See:

• filing of Mark Zuckerberg (Chairman and CEO)
• filing of Sheryl Sandberg (Chief Operating Officer)
• filing by Reed Hastings (Director) (Netflix)
• filing of James Bryer (Director) (Accel Partners)
• filing of Marc Andreessen (Director)
• filing of Michael Todd Schroepfer (VP Engineering)
• filing of David Ebersman (Chief Financial Officer)
• filing of David Spillance (Chief Accounting Officer)

12/19. The U.S. Court of Appeals (FedCir) issued its opinion in In Re Marsha Fox, affirming the decision of the USPTO/TTAB, which affirmed the refusal of the trademark examiner to register "Cock Sucker". The Court of Appeals held that it is unregistrable under 15 U.S.C. § 1052(a), which provides for the refusal of registration of trademarks that are "immoral ... or scandalous matter". This case is In Re Marsha Fox, U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2012-1212, an appeal from the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board. Judge Dyk wrote the opinion of the Court of Appeals, in which Judges Prost and O'Malley joined.