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Thursday, July 11, 2013, Alert No. 2,584.
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U.S.-China Strategic and Economic Dialogue Meets In Washington

7/12. Representatives of the Unites States and People's Republic of China governments met this week in Washington DC as part of the ongoing talks titled "U.S.-China Strategic and Economic Dialogue".

Neither the US nor PRC announced any agreements or commitments regarding cyber security, cyber intrusions, or theft of intellectual property. US participants stressed the importance of these matters in public statements. PRC participants barely mentioned them.

President Obama and members of his administration met in closed session on July 11 with the PRC's Special Representatives to the U.S.-China Strategic and Economic Dialogue, Vice Premier Wang Yang and State Councilor Yang Jiechi, and others.

Also, Wang Yang, Yang Jiechi, Vice President Joe Biden, Secretary of State John Kerry, and Secretary of the Treasury Jacob Lew delivered speeches on July 10. See, transcript.

The White House news office stated in a July 11 release that President Obama "reiterated concerns about cyber-enabled theft of trade secrets, and welcomed joint efforts to develop rules and norms of behavior in cyberspace."

Joe BidenBiden (at right) stated in his public speech the day before that "the next steps that China needs to take" include "enforcing intellectual property rights".

Also, the Vice President said that "We both will benefit from an open, secure, reliable internet. Outright cyber-enabling theft that U.S. companies are experiencing now must be viewed as out of bounds and needs to stop."

The U.S. Vice President said that a "rule-based economic order cannot sustain an exception the size of China".

Secretary of the Treasury Lew said that "In the world's two largest economies, too much is at stake for us to let our differences come in the way of progress. For the United States, this means an economic relationship where our firms and workers operate on a level playing field and where the rights of those who participate in the global economy, including innovators and the holders of intellectual property, are preserved and protected from government-sponsored cyber intrusion. It means working together to address our common challenges, such as ... conduct in cyberspace. Cooperation on these fronts is absolutely critical to our futures and the world’s future as well."

Secretary of State Kerry said that the SED has added "new working groups on cyber issues and on climate change this year". He also said that "cyberspace and cyber warfare" are "challenges that we face".

Wang YangWang Yang (at left) spoke at length at the same event, but said nothing about intellectual property or cyber intrusions.

In contrast, Yang Jiechi did mention cyber security. But, he expressed no commitments.

He said that "China is ready to carry out all dimensional cooperation with the U.S. side to produce as many mutually beneficial results as possible for the benefit of our two peoples. At this round of the S&ED, we hope to enhance coordination and cooperation with the U.S. side on international, regional, and global issues. The two sides should step up macroeconomic policy coordination, deepen communication on regional hotspot issues, work together to tackle such global challenges as climate change and cyber security, promote global economic growth, maintain regional stability, ..." (Emphasis added.)

Yang JiechiYang Jiechi (at right) also said that "At this round of the S&ED, we hope to explore with the U.S. side the enhancement of our dialogue mechanism. We welcome the positive results of the third Strategic Security Dialogue, the Climate Change Working Group, and the Cyber Working Group." (Emphasis added.)

He also said that "With development of its science and technology, China has enhanced its competitiveness in certain areas. However, such growth is limited to certain areas, and there is still a big gap between us and the developed world. There are competitions, but these competitions should be conducted on the basis of mutual respect, and these should be sound competitions."

The White House news office release also stated that Obama "expressed his disappointment and concern with China's handling of the Snowden case."

Neither Wang Yang nor Yang Jiechi said anything about Snowden, extradition, or surveillance in their public speeches.

Both Wang Yang and Yang Jiechi spoke about the importance of US PRC dialogue, communication and debate.

Similarly, the White House news office release stated that Obama "underscored the importance of increasing practical cooperation on regional and global challenges while constructively managing our differences and areas of competition. The President discussed the economic reforms underway in China and their compatibility with policies the Administration is pursuing at home." Obama "also welcomed China's important new commitment to open its economy to U.S. investment in a bilateral investment treaty that it is negotiating with the United States."

This release also states that the parties "agreed on the fundamental importance of denuclearization of the Korean Peninsula, and welcomed efforts to deepen cooperation to achieve that shared goal."

Finally, "The President urged China to manage its maritime disputes with its neighbors peacefully, without the use of intimidation or coercion. He added that the United States would continue to speak out in support of international norms such as the protection of universal human rights."

Another point made by VP Biden is his speech was that "History shows that prosperity is greatest when governments allow not just the free exchange of goods but the free exchange of ideas", and that innovation "thrives in open economies and societies".

Yang Yiechi also said that "China is endeavoring to meet what we call the two centenary goals, namely to complete the building of a moderately prosperous society in all respects by the 100th anniversary of the Communist Party of China, and to turn China into a socialist modern country that is strong, prosperous, democratic, culturally advanced and harmonious by the centenary of the People’s Republic of China."

(The 100th anniversary of the Communist Party of China will be in 2021. The 100th anniversary of the PRC will be in 2049.)

He said that "China will stay committed to reform on opening up, stick to the path of peaceful development, and the win-win strategy of opening up, be a responsible player in and contribute to the building of the international system. We do this because we want to deliver a better life to our people and help the world -- help make the world a more peaceful, stable, and prosperous place. At this round of the S&ED, we hope to expand and deepen practical cooperation with the U.S. side."

House and Senate Pass Taiwan Observer Status Bill

6/27. The House passed HR 1151 [LOC | WW] on June 18, 2013 by a vote of 424-0. See, Roll Call No. 250. The Senate passed this bill on June 27 by unanimous consent.

This bill provides that the Secretary of State "shall" "develop a strategy to obtain observer status for Taiwan at the triennial ICAO Assembly -- next held in September 2013 in Montreal, Canada -- and other related meetings, activities, and mechanisms thereafter".

This bill also provides that the Secretary of State "shall" "instruct the United States Mission to the ICAO to officially request observer status for Taiwan at the triennial ICAO Assembly and other related meetings, activities, and mechanisms thereafter and to actively urge ICAO member states to support such observer status and participation for Taiwan".

This bill is ready for signature by President Obama. However, he has not yet signed it.

Judicial Appointments

7/11. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of the nomination of Todd Hughes to be a Judge of the U.S. Court of Appeals (FedCir). His nomination is on the agenda for the SJC's meeting on July 18. See also, story titled "Obama Nominates Todd Hughes for Federal Circuit" in TLJ Daily E-Mail Alert No. 2,522, February 8, 2013.

7/11. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of the nominations of Colin Bruce (USDC/CDIll), Sara Lee Ellis (USDC/NDIll), Andrea Wood (USDC/NDIll), and Madeline Haikala (USDC/NDAlab). All four are again on the agenda for the SJC's meeting on July 18.

7/9. The Senate confirmed Jennifer Dorsey to be a Judge of the U.S. District Court (DNev) by a vote of 54-41. See, Roll Call No. 170. It was a nearly straight party line vote. Every Democrat voted yes, except Sen. Mark Begich (D-AK), who did not vote. Every Republican voted no, except Sen. Susan Collins (R-ME), who voted yes, and four other Republicans who did not vote.

7/8. The Senate confirmed Greg Phillips to be a Judge of the U.S. Court of Appeals (10thCir) by a vote of 88-0. See, Roll Call No. 169.

More People and Appointments

7/12. Janet Napolitano, Secretary of Homeland Security since 2009, announced that she will resign to become President of the University of California. See, DHS release and statement by President Obama.

7/11. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved by voice vote the nomination of Stuart Delery to be Assistant Attorney General in charge of the DOJ's Civil Division.

7/11. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved by a vote of 10-8 the nomination of Todd Jones to be Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. See also, White House news office release.

7/10. President Obama nominated Margaret Cummisky to be Assistant Secretary of Commerce for Legislative and Intergovernmental Affairs. She previously worked for former Sen. Daniel Inouye (D-HI). See, White House news office release.

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In This Issue
This issue contains the following items:
 • U.S.-China Strategic and Economic Dialogue Meets In Washington
 • House and Senate Pass Taiwan Observer Status Bill
 • Judicial Appointments
 • More People and Appointments
Washington Tech Calendar
New items are highlighted in red.
Friday, July 12

The House will not meet.

The Senate will not meet.

Day three of a three day conference titled "Multiple Award Government and Industry Conference 2013", or "MAGIC 2013". See, conference web site and agenda. Location: Hilton Alexandria Mark Center, 5000 Seminary Rd., Alexandria, VA.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Second Notice of Proposed Rulemaking (2ndNPRM) regarding its "2000 Biennial Regulatory Review Separate Affiliate Requirements of Section 64.1903 of the Commission's Rules". The FCC adopted this NPRM on May 10, 2013 as part of its larger item [127 pages in PDF] that granted forbearance from numerous unnecessary regulatory requirements on phone companies. The FCC released this item on May 17. It is FCC 13-69 in CC Docket No. 00-175. See, notice in the Federal Register, Vol. 78, No. 113, June 12, 2013, at Pages 35191-35195.

Monday, July 15

The House will meet at 10:00 AM in pro forma session. See, Rep. Cantor's schedule.

The Senate will meet at 2:00 PM.

6:00 - 8:00 PM. The New America Foundation (NAF) will host an event titled "meetup". The speakers will be Sacha Meinrath (NAF) and Thomas Gideon (NAF). The NAF notice states that this event is "designed to connect software creators and activists who are interested in censorship, surveillance, and open technology". Free. Open to the public. Location: NAF, Suite 400, 1899 L St., NW.

6:00 - 8:00 PM. The New America Foundation (NAF) will host a public performance and discussion of the movie titled "High Tech, Low Life". The speakers will be Steven Maing (Director), Delphine Hagland (Reporters Without Borders), and Rebecca MacKinnon (NAF). The NPC notice states that this movie is about "two bloggers who navigate China's evolving censorship regulations and challenge the boundaries of free speech". The price to attend is $10. Open to the public. Location: National Press Club, 13th floor, 529 14th St., NW.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding its staff report on the Mail or Telephone Order Merchandise Rule. See, notice in the Federal Register, Vol. 78, No. 86, May 3, 2013, at Pages 25908-25909.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) in response to its May 16 Public Notice (PN) regarding promoting the availability of voice and broadband capable networks in rural areas served by rate of return carriers. This PN is DA 13-1112 in WC Docket No. 10-90. See, notice in the Federal Register, Vol. 78, No. 109, June 6, 2013, at Pages 34016-34020.

Deadline to submit comments to the Privacy and Civil Liberties Oversight Board (PCLOB) in response to its notice of proposed rulemaking (NPRM) that proposes rules that implement the Freedom of Information Act (FOIA), Privacy Act of 1974, and the Government in the Sunshine Act. See, notice in the Federal Register, Vol. 78, No. 94, May 15, 2013, at Pages 28532-28540, that recites these proposed rules.

Tuesday, July 16

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. It will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule.

Federal Communications Commission (FCC) Auction 95 is scheduled to begin. This is the auction of licenses in the lower and upper paging bands. This is AU Docket No. 13-12. See, notice in the Federal Register, Vol. 78, No. 80, April 25, 2013, Pages 24404-24420.

8:00 - 10:00 AM. Broadband Census News LLC will host a panel discussion titled "Over the Top: Broadband Video Challenges Cable & Broadcast Programming". The speakers will be John Bergmayer (Public Knowledge), Daren Miller (Centurylink), and __. Breakfast will be served. This event is open to the public. The price to attend is $47.12. See, notice and registration page. This event is also sponsored by Comcast, Google, ICF Intl., NCTA TIA, and US Telecom. Location: Clyde's of Gallery Place, 707 7th St., NW.

10:00 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Commerce, Justice, Science and Related Agencies will meet to mark up the FY 2014 CJS appropriations bill. Location: Room 192, Dirksen Building.

12:00 NOON - 1:00 PM. The American Enterprise Institute (AEI) will host a speech by FCC Commissioner Ajit Pai titled "Connecting the American Classroom: A Student Centered E-Rate Program". Jeffrey Eisenach (AEI) will moderate. Lunch will be served at 11:45 AM. See, notice. Location: AEI, 12th floor, 1150 17th 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.

2:00 - 3:30 PM. The Brookings Institution (BI) will host a panel discussion titled "Mobile Technology’s Role in Natural Disasters and Public Safety Preparedness and Response". The speakers will be Darrell West (Center for Technology Innovation), Richard Price (PulsePoint Foundation), James Barnett (Venable), Suzy DeFrancis (American Red Cross), and Anita Stewart ( Sesame Workshop). See, notice. Location: BI, 1775 Massachusetts Ave., NW.

4:00 - 5:00 PM. The New America Foundation (NAF) will host a panel discussion titled "Reclaiming the Airwaves: The Largest Expansion of Community Radio, Coming This Fall". The speakers will be Katherine Grincewich (U.S. Conference of Catholic Bishops), Julia Wierski (Prometheus Radio Project), and Liz Humes (Wordy Birds). Free. Open to the public. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

5:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol Visitor Center.

5:00 - 7:00 PM. The New America Foundation (NAF) will host a public performance of the documentary movie titled "Corporate FM". The speakers will be Kevin McKinney (Director) and Mark Lloyd (NAF). Free. Open to the public. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

Wednesday, July 17

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

9:30 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity and the House Oversight and Government Reform Committee's (HOGRC) Subcommittee on Energy Policy, Health Care and Entitlements will hold a joint hearing titled "Evaluating Privacy, Security, and Fraud Concerns with ObamaCare’s Information Sharing Apparatus". The witnesses will be __. See, notice. Location: Room 211, Cannon Building.

10:00 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Oversight of the Administration's use of FISA Authorities". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Appropriations Committee (HAC) will meet to mark up the FY 2014 Commerce, Justice, and Science Appropriations Bill and FY 2014 Financial Services and General Government Appropriations Bill. See, notice. Location: Room 2359, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "The Expansion of Internet Gambling: Assessing Consumer Protection Concerns". The witnesses will be __. See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "Health Information Technology: A Building Block to Quality Health Care". The witnesses will be Farzad Mostashari (DHHS) and Patrick Conway (Centers for Medicare & Medicaid Services). See, notice. Location: Room 215, Dirksen Building.

3:30 PM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol Visitor Center.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [55 pages in PDF] regarding equipment authorization processes. The FCC adopted this NPRM on February 12, 2013, and released the text on February 15, 2013. It is FCC 13-19 in ET Docket No. 13-44. See also, notice in the Federal Register, Vol. 78, No. 86, May 3, 2013, at Pages 25916-25938.

Thursday, July 18

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

9:00 AM. The House Ways and Means Committee (HWMC) will hold a hearing titled "President Obama's Trade Policy Agenda". The witness will be Michael Froman (U.S. Trade Representative). See, notice. Location: Room 1100, Longworth Building.

9:00 AM - 12:00 NOON. The President's Council of Advisors on Science and Technology (PCAST) will hold a partially closed meeting. See, notice in the Federal Register, Vol. 78, No. 114, June 13, 2013, at Pages 35617-35618. Location: National Academy of Sciences, 2101 Constitution Ave., NW.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing and Trade will hold a hearing titled "Reporting Data Breaches: Is Federal Legislation Needed to Protect Consumers?". The witnesses will be __. See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity will hold a hearing titled "Oversight of Executive Order 13636 and Development of the Cybersecurity Framework". The witnesses will be __. See, notice. Location: Room 311, Cannon Building.

10:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol Visitor Center.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of Todd Hughes to be a Judge of the U.S. Court of Appeals (FedCir). It also includes consideration of Colin Bruce (USDC/CDIll), Sara Lee Ellis (USDC/NDIll), Andrea Wood (USDC/NDIll), and Madeline Haikala (USDC/NDAlab). Webcast. See, notice. Location: Room 226, Dirksen Building.

12:00 NOON - 1:30 PM. The National Economists Club (NEC) will host a lunch. The speaker will be Jonathan Rothwell (Brookings Institution). The topic will be "The Hidden STEM Economy: Redefining High-Skilled Work". Open to the public. Prices vary. See, notice. Location: Chinatown Garden Restaurant, 618 H 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.

Extended deadline to submit reply comments to the Federal Communications Commission's (FCC) Office of General Counsel (OGC) and Enforcement Bureau (EB) in response to the Public Notice regarding whether the full Commission should make changes to its broadcast indecency policies, and especially, policies regarding isolated expletives, and isolated non-sexual nudity. The FCC released that PN on April 1, 2013. It is DA 13-581 in GN Docket No. 13-86. See also, notice in the Federal Register, Vol. 78, No. 76, April 19, 2013, at Pages 23563-23564, setting comment deadlines. And see, May 10, 2013 Public Notice, DA 13-1071, and notice in the Federal Register, Vol. 78, No. 109, June 6, 2013, at Pages 34099-34100, extending comment deadlines.

Friday, July 19

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

10:30 AM. The Federal Communications Commission (FCC) will host an event titled "open meeting". Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.