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Wednesday, February 6, 2013, Alert No. 2,520.
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6th Circuit Addresses Meaning of Trade Secret

2/4. The U.S. Court of Appeals (6thCir) issued its opinion in US v. Howley, affirming convictions of two persons for stealing trade secrets, in violation of 18 U.S.C. § 1832(a).

Roberts and Howley worked for Wyko Tire Technology. Wyko is a contractor of Goodyear, which makes, among other things, tires for large earthmoving vehicles. Wyko also had a contract to supply HaoHua South China Rubber Company, a company owned by the government of the People's Republic of China (PRC), with with parts used in making such tires. However, Wyko lacked the requisite technology.

Roberts and Howley visited a Goodyear factory which made the type of tires that HaoHua also wanted to make. The factory was surrounded by a fence. Visitors had to pass through a security checkpoint. The two men signed secrecy agreements with Goodyear. They were told by a security guard that no cameras were allowed inside the Goodyear factory. But, when briefly left alone, they used a cell phone camera to photograph a device they sought to replicate for HaoHua.

Wyko e-mail correspondence also demonstrated that the two knew that HaoHua sought to compete with Goodyear in making tires for large earthmoving vehicles, and that obtaining technology from Goodyear would help Wyko to help HaoHua to do this.

They e-mailed the photos to HaoHua. However, another Wyko employee, its IT manager, saw the e-mails, suspected wrongdoing, and copied them to Goodyear, which reported the matter to the FBI.

The Department of Justice (DOJ) obtained grand jury indictments. The trial jury convicted both men. See, story titled "Two Engineers Convicted of Theft of Trade Secrets for PRC by Cell Phone Camera" in TLJ Daily E-Mail Alert No. 2,178, December 14, 2010.

However, the District Court sentenced them to serve only four months of home confinement, 150 hours of community service, and four years of probation.

The defendants appealed their convictions. At issue is whether the machines in the photographs constitute trade secrets within the meaning of criminal prohibition. The DOJ appealed their slap on the wrist sentences. The Court of Appeals affirmed the conviction, and reversed the sentences.

The Congress amended Section 1832 in December of 2012, but not in a manner that would affect this case. See, S 3642 [LOC | WW], the "Theft of Trade Secrets Clarification Act of 2012", in the 112th Congress. See also, stories titled "Senate Passes Theft of Trade Secrets Clarification Act" in TLJ Daily E-Mail Alert No. 2,477, November 28, 2012, "House Passes Theft of Trade Secrets Clarification Act" in TLJ Daily E-Mail Alert No. 2,494, December 19, 2012, and "Obama Signs Theft of Trade Secrets Clarification Act" in TLJ Daily E-Mail Alert No. 2,500, December 31, 2012,

The statutory language in effect at the time the defendants took the photographs, provided, in part, that "Whoever, with intent to convert a trade secret, that is related to a product or service used in or intended for use in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will, injure any owner of that trade secret, knowingly ... without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys such information" shall be punished.

Section 1832 does not define trade secret. However, 18 U.S.C. § 1839 does.

A "trade secret" is "all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if -- (A) the owner thereof has taken reasonable measures to keep such information secret; and (B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, the public".

The Court of Appeals wrote that "Not all business knowledge is a trade secret", but that the machinery at issue includes trade secrets, because Goodyear took "reasonable measures to keep such information secret" within the meaning of Section 1832, and the defendants photographed the machinery "without authorization" and "intending or knowing that the offense will ... injure any owner of that trade secret" within the meaning of Section 1839.

The defendants also argued on appeal that Section 1832 is unconstitutionally vague. The Court of Appeals rejected this, in part because it rejected this argument in its 2002 opinion in US v. Yang, 281 F.3d 534.

The Court added, "Nor is there anything about this prosecution that suggests Roberts and Howley were trapped by a hopelessly vague line between what the law allows and what it proscribes. Ordinary people in Roberts’ and Howley’s shoes would readily know that Goodyear’s designs were trade secrets. And they would readily know that § 1832 prohibits stealing those designs. Nothing about the statute suggests that it permits arbitrary and discriminatory enforcement, and indeed Roberts and Howley do not argue otherwise. As applied to Roberts and Howley, this statute is not unconstitutionally vague."

This case is USA v. Sean Edward Howley and Clark Alan Roberts, U.S. Court of Appeals for the 6th Circuit, App. Ct. Nos. 11-6040, 11-6071 and 11-6194, appeals from the U.S. District Court for the Eastern District of Tennessee at Knoxville, D.C. No. 3:08-cr-175, Judge Thomas Phillips presiding. Judge Sutton wrote the opinion of the Court of Appeals, in which Judges Siler and McKeague joined.

BLS Reports January 2012 Employment Data

2/1. The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) released employment data for the U.S. for the month of January 2013. The BLS stated in a release that the seasonally adjusted unemployment rate in the US in January was 7.9%. This is an increase from December, when it was 7.8%.

The BLS stated in its release that this is "essentially unchanged" from December. When the BLS first reported the December unemployment rate, on January 4, it stated that it was 7.8%, and that this was unchanged from November. (It still reports 7.8% for December.) And, when the BLS first reported the November unemployment rate, on December 7, it stated that it was 7.7%. (It has since revised that to 7.8%.)

Due to revisions and the BLS's elastic use of the English language, the unemployment rate has unchanged from 7.7% to 7.9% in the last two months.

Once again, a bright spot in the BLS employment data is that total employment in the category of "Computer systems design and related services" continued to grow in January.

BLS Table A-1, which is based on household surveys, shows that the seasonally adjusted total labor force grew from 155,511,000 to 155,654,000, an increase of 143,000. The labor force participation rate remained constant at 63.6%. This same table shows that total employment grew from 143,305,000 to 143,322,000, an increase of 17,000 persons with jobs. The BLS reported that total unemployment increased from 12,206,000 to 12,332,000, an increase of 126,000 unemployed people.

The unemployment rate in January, with less rounding, was 7.9227%.

BLS Table B-1, which is based upon business surveys, reveals employment trends in various industry sectors, including information and communications technology (ICT) sectors. The BLS's categories do not facilitate precise analysis of trends in ICT. Nevertheless, the data set out in the table below contains ICT related categories. (This table also includes legal services because most of the subscribers to TLJ are lawyers.)

The table below contains ICT related excerpts from the BLS table titled "Table B-1. Employees on nonfarm payrolls by industry sector and selected industry detail". This is the seasonally adjusted data.

Table: Total Number of Employees in Thousands by ICT Industry Sector
  Jan
2012
Nov
2012
Dec
2012
Jan
2013
Manufacturing:        
  Computer & peripheral equipment 157.8 158.5 158.5 159.7
  Communication equipment 111.3 108.1 108.2 107.6
  Semiconductors & electronic comp. 385.2 381.1 383.1 383.6
Information Services:        
  Publishing industries, except Internet 741.0 732.7 730.2 731.6
  Motion picture & sound recording 356.6 386.0 388.3 388.0
  Broadcasting, except Internet 284.8 284.3 285.4 285.6
  Telecom. 869.2 854.1 850.1 855.0
  Data processing, hosting & related serv. 248.3 249.9 251.5 252.6
  Other information services 169.7 177.8 176.0 177.9
Professional Services:        
  Legal services 1,119.1 1,126.1 1,128.0 1,125.6
  Computer systems design & related serv. 1,575.8 1,655.2 1,659.6 1,664.2
Source: BLS, February 1, 2013 employment report, Table B-1.
Sen. Leahy Seeks to Move 16 Judicial Nominees

2/4. The Senate Judiciary Committee (SJC) released an expanded agenda for its executive business meeting on February 7, 2013. It includes 16 judicial nominees.

The SJC held an executive business meeting on January 31 at which it held over consideration of the three judicial nominees on that agenda: Richard Taranto (USCA/FedCir), Robert Bacharach (USCA/10thCir), and William Kayatta (USCA/1stCir). All three are again on the agenda for the SJC's meeting on February 7.

SJC rules allow any member to hold over a bill or nomination for one week. Sen. Patrick Leahy (D-VT), the Chairman of the SJC, may be burning through these holds.

Sen. Charles Grassley (R-IA), the ranking Republican on the SJC, pointed out that Sen. Leahy is bringing to a vote in the 113th Congress nominees who were the subject of hearings in the 112th Congress. This, he said, is disrespectful of the three new members of the SJC, Sen. Jeff Flake (R-AZ), Sen. Ted Cruz (R-TX), and Sen. Mazie Hirono (D-HI).

Sen. Leahy urged the SJC to approve Taranto, Bacharach and Kayatta. He said that Sen. Susan Collins (D-ME) supports Kayatta, but said nothing about Taranto or Bacharach.

The Taranto nomination, which was filibustered in the 112th Congress, could have the greatest impact upon technology law, because he has been nominated for the U.S. Court of Appeals (FedCir). See also, story titled "Richard Taranto and the Federal Circuit" in TLJ Daily E-Mail Alert No. 2,497.

In addition to Taranto, Bacharach and Kayatta, the February 7 agenda includes consideration of 13 other judicial nominees who were nominated in the 112th Congress, and re-nominated by President Obama on January 3, 2013.

The agenda lists Patty Schwartz (USCA/3rdCir) and Caitlin Halligan (USCA/DCCir). Schwartz was filibustered in the 112th Congress.

Halligan is General Counsel in the Manhattan District Attorneys Office in New York, but has been nominated for the U.S. Court of Appeals (DCCir). Her nomination is particularly controversial, because President Obama is trying to give her the seat that Democrats long kept vacant during the Bush administration. She was technically not subject to a filibuster at the close of the 112th Congress, but she had been earlier, and a cloture vote failed.

The agenda also lists Katherine Failla (USDC/SDNY), Troy Nunley (USDC/EDCal), and Pamela Ki Mai Chen (USDC/EDNY). All three were approved by the SJC in the 112th Congress, but not until just before it adjourned.

The agenda also lists Andrew Gordon (USDC/DNev), Ketanji Jackson (USDC/DC), Raymond Moore (USDC/DColo), Beverly O'Connell (USDC/CDCal), Analisa Torres (USDC/SDNY), and Derrick Watson (USDC/DHa). These nominations were pending in the SJC at the close of the 112th Congress.

Finally, the agenda also lists Mark Barnett and Claire Kelly who have been nominated for the U.S. International Trade Commission (USITC), which has jurisdiction over intellectual property based import exclusion orders.

Absent from this agenda is William Orrick (USDC/NDCal). He was filibustered in the 112th Congress, and re-nominated by Obama on January 3.

The SJC has not yet held a hearing on the nomination of Valerie Caproni, a former FBI General Counsel, to be a Judge of the USDC/SDNY. See, story titled "Obama Nominates Caproni to District Court" in TLJ Daily E-Mail Alert No. 2,474, November 19, 2012, and her SJC questionnaire responses.

More Judicial Appointments

2/4. President Obama re-nominated Scott Kieff to be a member of the U.S. International Trade Commission for the term expiring June 16, 2020. See, White House news office release. President Obama first nominated him on September 11, 2012. He is a professor at George Washington University law school. He is a Republican pick for one the six seats on the USITC. The USITC is not an Article III court. However, it exercises judicial authority in Section 337 (19 U.S.C. § 1337) proceedings regarding orders that exclude the importation into the US of articles that infringe intellectual property rights.

1/31. President Obama nominated Jane Kelly to be a Judge of the U.S. Court of Appeals (8thCir). See, White House news office release and release. She has been an Assistant Federal Public Defender in the Northern District of Iowa since 1994.

1/31. President Obama nominated Gregory Phillips to be a Judge of the U.S. Court of Appeals (10thCir). See, White House news office release and release. He is the Attorney General of Wyoming.

1/31. Jeremy Parish, the Senate Judiciary Committee's (SJC) Chief Counsel for Nominations Oversight, left the SJC. Sen. Patrick Leahy (D-VT) and Sen. Charles Grassley (R-IA) praised his work at the SJC's January 31 meeting. He received an ovation from Democratic and Republican Senators and staff.

More People and Appointments

2/5. The National Science Foundation (NSF) announced in a release that its Director, Subra Suresh, will leave at the end of March. He will become President of Carnegie Mellon University on July 1, 2013. See also, White House news office release.

Jonathan Leibowitz2/1. Jonathan Leibowitz (at left) announced in a release that he will leave the Federal Trade Commission (FTC) on February 15, 2013. He has been a Commissioner since 2004, and Chairman since 2009. See also, statement by Sen. Patrick Leahy (D-VT).

2/1. President Obama nominated James Stock to be a member of the Executive Office of the President's (EOP) Council of Economic Advisors (CEA). See, White House news office release. He has briefly been Chief Economist of the CEA. Before that, he was a professor at Harvard University.

2/1. Mark Sullivan, Director of the U.S. Secret Service (USSS) since 2006, will leave. In addition to its protective and anti-currency counterfeiting functions, the USSS has responsibilities in investigating certain crimes involving computers, counterfeiting of credit cards and identification documents, and other threats to payment and financial systems. See, DHS release.

Karyn Claggett1/30. The Copyright Office (CO) announced in a release that Karyn Claggett (at right) has been named Associate Register of Copyrights and Director of Policy & International Affairs. She has worked at the CO since March of 2011. Before that, she worked at the Department of Justice (DOJ) on intellectual property issues. She has also worked for the Recording Industry Association of America (RIAA) and for the law firm of Williams & Connolly.

Lanny Breuer1/30. The Department of Justice (DOJ) announced in a release that Lanny Breuer (at left), Assistant Attorney General in charge of the Criminal Division, will leave on March 1, 2013.

1/30. Ray LaHood, Secretary of Transportation, will leave the Department of Transportation (DOT). See, DOT release and statement by President Obama.

1/29. The Senate confirmed John Kerry to be Secretary of State by a vote of 94-3. See, Roll Call No. 5.

1/29. Sen. Orrin Hatch (R-UT), the ranking Republican on the Senate Finance Committee (SFC), announced minority staff changes. Kimberly Brandt will be Chief Oversight Counsel. Bryan Hickman will be Senior Counsel. Jay Khosla will be both Chief Health Counsel and Policy Director. See, release.

1/26. Sen. Tom Harkin (D-IA) announced in a release that he will not seek re-election in 2014.

1/25. President Obama announced changes to his White House staff. Lisa Monaco will be Assistant to the President for Homeland Security and Counterterrorism and Deputy National Security Advisor. She was previously Assistant Attorney General in charge of the Department of Justice's (DOJ) National Security Division. See, White House news office release.

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In This Issue
This issue contains the following items:
 • 6th Circuit Addresses Meaning of Trade Secret
 • BLS Reports January 2012 Employment Data
 • Table: Total Number of Employees in Thousands by ICT Industry Sector
 • Sen. Leahy Seeks to Move 16 Judicial Nominees
 • More Judicial Appointments
 • More People and Appointments
 • More News
Washington Tech Calendar
New items are highlighted in red.
Thursday, February 7

Rep. Cantor's schedule states that no votes are expected in the House.

The Senate will meet at 9:30 AM.

8:30 - 11:15 AM. Day two of a two day meeting of the National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT). See, notice in the Federal Register, Vol. 78, No. 2, January 3, 2013, at Page 292. Location: NIST, Portrait Room, Administration Building, 100 Bureau Drive, Gaithersburg, MD.

8:30 AM - 5:00 PM. The American Council for Technology Industry Advisory Council (ACT-IAC) will host an event titled "Executive Management Series on Mobility". Prices vary. See, notice. Location: American Institute of Architects, 1735 New York Ave., NW.

8:45 AM - 5:00 PM. The Federal Communications Commission's (FCC) Federal-State Joint Conference on Advanced Services will host an event titled "Broadband Summit". See, notice. Webcast. Free. Open to the public. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

9:00 AM - 4:15 PM. The U.S. China Economic and Security Review Commission (USCESRC) will hold an event titled "China’s New Leadership and Implications for the United States". Free. Open to the public. See, USCESRC notice and notice in the Federal Register, Vol. 78, No. 23, February 4, 2013, at Pages 7859-7860. Location: Room 2118, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of three appeals court nominees: Richard Taranto (USCA/FedCir), Robert Bacharach (USCA/10thCir), and William Kayatta (USCA/1stCir). See, notice. See also, story titled "Richard Taranto and the Federal Circuit" in TLJ Daily E-Mail Alert No. 2,497. Webcast. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in FlashPoint Technology v. USITC, App. Ct. No. 2012-1149, and appeal from the U.S. International Trade Commission (USITC) in a Section 337 proceeding regarding HTC and electronic imaging devices. Location: Courtroom 402.

10:00 AM. The U.S. Court of Appeals (FedCir) will consider on the briefs Martin Feiffin v. Microsoft, App. Ct. No. 2012-1357. Location: Courtroom 201.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a hearing on the nomination of John Brennan to be Director of the Central Intelligence Agency (CIA). See, notice. Location: Room 216, Hart Building.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Seminar on Enforcement Bureau Nuts and Bolts". The deadline for reservations and cancellations is 12:00 NOON on February 6. Prices vary. CLE credits. See, notice. Location: Drinker Biddle & Reath, 1501 K St., NW.

Friday, February 8

Rep. Cantor's schedule states that no votes are expected in the House.

9:00 AM - 2:00 PM. The Heritage Foundation (HF) and Taiwan Benevolent Association of America (TBAA) will host an event titled "Shoring Up the US Taiwan Partnership". The speakers will be Sen. John Cornyn (R-TX), Walter Lohman (HF), Taidi Fang (TBAA President), Joanna Lei (former member of the Legislative Yuan), Rupert Chambers (U.S.-Taiwan Business Council President), Claude Barfield (American Enterprise Institute), Matthew Goodman (Center for Strategic and International Studies), Derek Scissors (HF), Randy Schriver (Project 2049), Dean Cheng (HF), Stephen Yates (DC International Advisory), and Vincent Wang (University of Richmond). Webcast by HF. Free. Open to the public. Lunch will be served. See, notice. Location: HF, 214 Massachusetts Ave., NE.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in Robert Bosch v. Pylon Manufacturing, App. Ct. No. 2011-1363, an appeal from the U.S. District Court (DDel) in patent infringement case involving windshield wipers. The August 7, 2012 order of the Federal Circuit which sua sponte ordered rehearing en banc states that the issue are (1) "Does 28 U.S.C. § 1292(c)(2) confer jurisdiction on this Court to entertain appeals from patent infringement liability determinations when a trial on damages has not yet occurred?", and (2) "Does 28 U.S.C. § 1292(c)(2) confer jurisdiction on this Court to entertain appeals from patent infringement liability determinations when willfulness issues are outstanding and remain undecided." See also, October 13, 2011 opinion of the three judge panel of the Federal Circuit, amicus curiae brief of the IPO, and amicus curiae brief of the AIPLA. Location: Courtroom 201.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in CLS Bank v. Alice Corporation, App. Ct. No. 2011-1301, an appeal from the U.S. District Court (DC) in a software patent infringement case. At issue is patent eligibility under 35 U.S.C. § 101. The Federal Circuit's October 9, 2012 order granting rehearing en banc states that the two issues are (1) "What test should the court adopt to determine whether a computer-implemented invention is a patent ineligible "abstract idea"; and when, if ever, does the presence of a computer in a claim lend patent eligibility to an otherwise patent-ineligible idea?", and (2) "In assessing patent eligibility under 35 U.S.C. § 101 of a computer-implemented invention, should it matter whether the invention is claimed as a method, system, or storage medium; and should such claims at times be considered equivalent for § 101 purposes?". See also, July 9, 2012 opinion of the three judge panel, amicus curiae brief of the CCIA, amicus curiae brief of the BSA, and amicus curiae brief of Twitter, LinkedIn, Travelocity, and others. Location: Courtroom 201.

Deadline for all parties, except foreign governments to submit comments, and requests to testify at the February 20, 2013 hearing, of the Office of the U.S. Trade Representative (OUSTR) to assist it in making its Special 301 identifications of countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. See, story titled "OUSTR Seeks Special 301 Comments on Countries that Deny Adequate IPR Protection" in TLJ Daily E-Mail Alert No. 2,500, December 31, 2012. See also, notice in the Federal Register, December 31, 2012, Vol. 77, No. 250, at Pages 77178-77180.

Monday, February 11

2:30 - 3:30 PM. The Center for Strategic and International Studies (CSIS) will host an event titled "The Future of the WTO". The speakers will be Anabel González (Costa Rica Minister of Foreign Trade), John Murphy (U.S. Chamber of Commerce), Linda Dempsey (National Association of Manufacturers), and Scott Miller (CSIS). Free. Open to the public. See, notice. Location: CSIS, Room B1, 1800 K. St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a program titled "Export Controls and Economic Sanctions 2013: Recent Developments and Current Issues". The speakers will be Carol Kalinoski and Thomas Scott (Ladner & Associates). The price to attend ranges from $89 to $129. 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.

Tuesday, February 12

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Where Do America’s Broadband Networks Really Stand?". The speakers will be Mindel de la Torre (Chief of the FCC's International Bureau), John Horrigan (Joint Center for Political and Economic Studies), Scott Wallsten (Technology Policy Institute) and Richard Bennett (ITIF). See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a second hearing on guns. This hearing, of the Subcommittee on the Constitution, Civil Rights and Human Rights, is titled "Proposals to Reduce Gun Violence: Protecting Our Communities While Respecting the Second Amendment". Webcast. See, notice. Location: Room 226, Dirksen Building.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host an event titled "International Dimensions of Cybersecurity". CLE credits. Prices vary. See, notice. Reservations and cancellations are due by 12:00 NOON on February 11. Location: Wiley Rein, 1776 K St., NW.

Wednesday, February 13

8:00 AM - 5:00 PM. Day one of a three day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, Vol. 78, No. 1, January 2, 2013, at Pages 89-90. Location: United States Access Board Conference Room, Suite 800, 1331 F St., NW.

5:30 - 6:30 PM. Google and the University of Maryland's (UM) Maryland Cybersecurity Center will host a lecture by Michael Franz (UC Irvine) titled "Software Defenses Using Compiler Techniques". Free. Registration required. See, notice and registration page. Location: UM, Kim Engineering Building Lecture Hall, Room 1110, College Park, MD.

EXTENDED FROM JANUARY 22. Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding its licensing and operating rules for satellite services. The FCC adopted and released this NPRM on September 28, 2012. It is FCC 12-117 in IB Docket No. 12-267. See, original notice in the Federal Register, Vol. 77, No. 217, November 8, 2012, at Pages 67171-67201. See also, extension notice in the Federal Register, Vol. 77, No. 250, December 31, 2012, at Pages 77001-77002.

Thursday, February 14

8:00 AM - 5:00 PM. Day two of a three day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, Vol. 78, No. 1, January 2, 2013, at Pages 89-90. Location: United States Access Board Conference Room, Suite 800, 1331 F St., NW.

9:00 - 10:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Making America Competitive Again: Restoring U.S. Innovation Leadership". The speakers will be Gary Pisano (Harvard Business School), Willy Shih (Harvard Business School), Charles Wessner (National Academies), Alan Wolff (McKenna Long & Aldridge), and Robert Atkinson (ITIF). See, notice. Location: Room HVC-201, Capitol Visitor Center.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Fifth Notice of Proposed Rulemaking [24 pages in PDF] related to its outdated media ownership regulatory regime, and its commercial broadcast ownership reporting requirements and FCC Form No. 323. The FCC adopted this NPRM on October 15, 2009. The FCC again seeks comments. This NPRM is FCC 09-92 in MB Docket Nos. 07-294, 06-121, 02-277, and 04-228, and MM Docket Nos. 01-235, 01-317, 00-244. See, notice in the Federal Register, Vol. 78, No. 10, January 15, 2013, at Pages 2925-2934. See also, January 15 Public Notice [2 pages in PDF], DA 13-56.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Sixth Further Notice of Proposed Rulemaking [27 pages in PDF] related to its outdated media ownership regulatory regime. This NPRM seeks comments on proposals to increase FCC data collection burdens. The FCC adopted this item on December 21, 2012, and released the text on January 3, 2013. It is FCC 12-166 in MB Docket No. 07-294. See, notice in the Federal Register, Vol. 78, No. 10, January 15, 2013, at Pages 2925-2934. See also, January 15 Public Notice [2 pages in PDF], DA 13-56.

Deadline to submit comments to the Department of Homeland Security's (DHS) Customs and Border Protection (CBP) regarding, and effective date of, the DHS plan to establish a new system of records titled "U.S. Customs and Border Protection, DHS/CBP-004-Intellectual Property Rights e-Recordation and Search Systems System of Records". See, notice in the Federal Register, Vol. 78, No. 10, January 15, 2013, at Pages 3015-3019.

More News

2/4. The Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) announced that its Commerce Spectrum Management Advisory Committee (CSMAC) will meet on Thursday, February 21, 2013, in Stanford, California, from 9:00 AM to 12:00 NOON. See, notice in the Federal Register, Vol. 78, No. 23, February 4, 2013, at Page 7758. The NTIA will webcast this event. The committee will hear report for five working groups (WG):

  • WG1 1695-1710 MHz Weather Satellite Receive Earth Stations
  • WG2 1755-1850 MHz Law Enforcement Surveillance and other short-range fixed
  • WG3 1755-1850 MHz Satellite Control Links and Electronic Warfare
  • WG4 1755-1850 MHz Fixed Point-to-Point and Tactical Radio Relay
  • WG5 1755-1850 MHz Airborne Operations

2/1. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-63 -2 [123 pages in PDF], titled "Electronic Authentication Guideline". The deadline to submit comments is March 4, 2013.

1/28. The U.S. China Economic and Security Review Commission released a paper [44 pages in PDF] titled "The Reliability of China’s Economic Data: An Analysis of National Output". The author is the USCESRC's Iacob Weser. It concludes that the People's Republic of China's (PRC) gross national produce (GNP) "official statistics are not as reliable as those produced in the United States and Europe". For example, "both private and state-owned enterprises have incentives to misreport income and output -- in some cases to avoid taxes and regulation, in other cases to appease officials."

1/22. The Consumer Electronics Association (CEA) announced in a release that its Index of Consumer Expectations (ICE) decreased in January. The CEA states that this index, which it reports monthly, uses survey of consumers to measure consumer expectations about the broader economy. The CEA also announced that its monthly Index of Consumer Technology Expectations (ICTE) decreased in January.