|Copyright Office Announces Another Round of
Comments and Hearings on Orphan Works
2/10. The Copyright Office (CO) published a
the Federal Register that announces that it seeks another round of public comments
regarding orphan works and mass digitization, and will hold another public hearing.
The deadline to submit comments is April 14, 2014. The hearing will be held in Washington
DC on March 10-11, 2014. See, FR, Vol. 79, No. 27, February 10, 2014, at Pages 7706-7711.
The CO initiated its last round of comments and hearings in 2012. See,
"Copyright Office Issues Notice of Inquiry on Orphan Works" in
TLJ Daily E-Mail
Alert No. 2,468, November 2, 2012.
On this matter the CO largely acts as an agent of the Congress, and especially the two
judiciary committees. This notice discloses that if the Congress is to consider legislation,
that process would likely not occur at least until the commencement of the 114th Congress
in January of 2015.
|Rep. Grayson Introduces Bill to Extend
Expired R&D Tax Credit for One Year
1/28. Rep. Alan Grayson (D-FL) introduced
numerous bills to provide extensions for expiring tax provisions. One of these bills is
HR 3945 [LOC |
WW], an untitled
bill that would extend for one year the research and development tax credit, which
is codified at 26 U.S.C. § 41.
This credit expired on December 31, 2013. This bill would extend it through December 31,
2014. This bill was referred to the House Ways
and Means Committee. Rep. Grayson is not a member.
At the end of the 112th Congress, the Congress passed and President Obama signed
HR 8 [LOC |
"American Taxpayer Relief Act of 2013". Section 301 of that bill modified and
extended the R&D tax credit through December 31, 2013. See, story titled "R&D
Tax Credit Extended" in TLJ
Daily E-Mail Alert No. 2,504, January 7, 2013.
There are numerous proposals for amending, and making permanent, this tax credit. See,
story titled "R&D Tax Credit Bills Introduced" and related stories in
TLJ Daily E-Mail Alert No.
2,521, February 7, 2013.
This credit was first enacted in 1981 as a temporary measure. Since then the Congress
has repeatedly extended it for one or a few years. The Congress has frequently allowed
it to expire. Extensions have always been retroactive, with the exception of one year 15
|House Passes Small Cap Liquidity
2/11. The House passed HR 3448
"Small Cap Liquidity Reform Act of 2013", by a vote of 412-4. See,
Roll Call No. 62.
This bill is sponsored by Rep. Sean Duffy
(R-WI) and Rep. John Carney (D-DE). It is one
of a series of bills reported by the
House Financial Services Committee
(HFSC) that take small steps towards making it easier for small, or not so
small, publicly traded companies to raise capital, particularly in the tech
It would amend the Securities Exchange Act of 1934 to create a pilot program
to allow certain "emerging growth companies", or EGCs, to increase the tick
sizes of their stocks.
The Jumpstart Our Business Startups Act, or JOBS Act, which was enacted by
the 112th Congress in 2012, defines emerging growth company (EGC) as one with
less that $1 Billion in annual revenue. This bill defines EMG for the purpose of
this bill as a company with less that $750 Million in annual revenue.
The underlying rationale for this bill is that the move to decimal pricing and
penny tick sizes has reduced liquidity in publicly traded small-cap stocks, thereby
hindering these companies, and disincentivizing other small companies from accessing
the capital markets through initial public offerings.
This bill would amend 15
U.S.C. § 78k-1(c)(6) to create a five year program that allows the price of securities
issued by smaller companies to change in increments of 5 or 10 cents, rather than the penny
On January 29, 2014 the National Venture
Capital Association (NVCA) sent a letter to the
Securities and Exchange Commission (SEC) in
support of "a pilot program for small-cap public companies to trade at wider
spreads and limited increments".
|Federal Reserve Board Presents
2/11. The House Financial Services
Committee held a hearing titled "Monetary Policy and the State of the
Economy". The main witness was
Yellen, the new Chairman of the Federal
Reserve Board (FRB). See,
Monetary Policy Report [58 pages in PDF], and
prepared testimony [7 pages in PDF]. The FRB
report states that the economic recovery is continuing, the financial system
continues to strengthen, and the labor market continues to improve.
Neither the FRB report, nor Yellen's prepared testimony, provide any
information regarding the state of information or communications technology
sectors, or their impact on the overall economy. However, one witness stressed
the importance of internet access and online banking.
Abby McCloskey (American
Enterprise Institute) wrote in her
prepared testimony that the "new rules from the Dodd-Frank Act are having a
regressive impact, making it more difficult for low income consumers to access mainstream
banking. Access to safe savings and affordable credit is vital for economic
Moreover, she wrote, banks are consolidating, and reducing the number of branches.
"This consolidation disproportionately impacts low-income consumers for whom
convenience is a major barrier to banking. Low-income individuals may live in rural
areas where only a community bank existed before and may be unlikely to have reliable
access to the Internet to engage in online banking."
In contrast to the FRB's glossy descriptions and predictions,
John Taylor (Stanford University) wrote in his
prepared testimony that "the U.S. economy continues to underperform" and
that "Job growth has been too slow to raise employment relative the population,
leaving the employment-to-population ratio below the recession low. While the unemployment
rate has declined recently, much of the decline is due to an unusually large number of
people dropping out of the labor force because of the weak recovery."
prepared testimony of Mark Calabria (Cato Institute) and
prepared testimony of Donald Kohn (Brookings Institution).
|About Tech Law
Tech Law Journal publishes a free access web site and a subscription e-mail alert.
The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year for
a single recipient. There are discounts for subscribers with multiple recipients.
Free one month trial subscriptions are available. Also, free subscriptions are
available for federal elected officials, and employees of the Congress, courts, and
executive branch. The TLJ web site is free access. However, copies of the TLJ Daily
E-Mail Alert are not published in the web site until two months after writing.
For information about subscriptions, see
subscription information page.
Tech Law Journal now accepts credit card payments. See, TLJ
card payments page.
TLJ is published by
carney at techlawjournal dot com
3034 Newark St. NW, Washington DC, 20008.
Copyright 1998-2014 David Carney. All rights reserved.
|This issue contains the following items:
• Copyright Office Announces Another Round of Comments and Hearings on Orphan Works
• Rep. Grayson Introduces Bill to Extend Expired R&D Tax Credit for One Year
• House Passes Small Cap Liquidity Reform Act
• Federal Reserve Board Presents Economic Report
New items are highlighted in
|Wednesday, February 12
The House will not meet.
The Senate will meet at 9:30 AM.
9:00 AM. The House Homeland
Security Committee (HHSC) will hold a hearing titled "The Secretary’s
Vision for the Future -- Challenges and Priorities". The witness will be
Secretary of Homeland Security Jeh Johnson. See,
notice. Location: Room 311, Cannon Building.
9:00 - 10:30 AM. The Information
Technology & Innovation Foundation (ITIF) will host a panel discussion titled
"The Value of Brands and Reputation in the Global Marketplace". The
speakers will include Robert
Atkinson (ITIF), Carsten Fink (WIPO) and
(American University). Free. Open to the public. See,
notice. Location: ITIF/ITIC, Room 610A, 1101 K St., NW.
9:00 AM - 1:00 PM. The Center for Strategic
and International Studies (CSIS) will host an event titled "U.S.-Japan
Development Summit". See,
notice. Location: CSIS, 1616 Rhode Island Ave., NW.
10:00 AM. The Senate
Judiciary Committee (SJC) will hold a hearing titled "The Report of the
Privacy and Civil Liberties Oversight Board on Reforms to the Section 215
Telephone Records Program and the Foreign Intelligence Surveillance Court".
The witnesses will be David Medine, Patricia Wald, Rachel Brand, James
Dempsey, and Elisebeth Cook. Webcast. See,
notice. Location: Room 226, Dirksen Building.
12:15 - 1:30 PM. The DC Bar
Association's Media Law Committee will host an event titled "Media Law
Committee Brown Bag Lunch Series". The speakers will be Jim McLaughlin (Washington
Post) and Ashley Messenger (NPR). Free. No CLE credits. For more information, call
202-626-3463. The DC Bar has a history of barring reporters from its events. See,
Location: Washington Post, 1150 17th St., NW.
12:30 - 2:30 PM. The
American Bar Association (ABA) will host an
event titled "Intellectual Property Rights Center Tour and Briefing".
The speakers will be
Quinter (Gray Robinson), Scott Ballman (Technical Expert, Intellectual Property
Rights Center), and Joseph Macias (Deputy Director, IPPC). Prices vary. No CLE credits.
Bring your own lunch. See,
notice. Location: DHS/IPRC, 2451 Crystal Drive, Arlington, VA.
|Thursday, February 13
The House will not meet.
LOCATION CHANGE. 8:00 AM -
6:00 PM. The George Mason University law
school's Law and Economics Center (LEC) will host an event titled "100
Years of Competition Policy at the FTC" and "17th Annual Law Review
Symposium on Antitrust Law". Webcast. See,
notice. For more information, call Jeff Smith at jsmithq at gmu dot edu or
GMU law school, 3301 Fairfax Drive, Arlington, VA.
Le Méridien Hotel in Rosslyn, 1121 19th
Street North, Arlington, VA.
9:00 - 11:00 AM.
Georgetown University's (GU) Center for Business
and Public Policy will host an event titled "The Evolution of Communications
Policy: Fresh Thinking for 2014 and Beyond". Breakfast will be served. Location:
National Press Club, 529 14th St., NW. See,
? 9:30 AM. The U.S. International Trade
Commission (USITC) will hold a public hearing regarding preparation of a
report for Congressional committees regarding India's industrial policies that
create barriers to U.S. imports and investment. See,
in the Federal Register, Vol. 78, No. 172, September 5, 2013, at Pages 54677-54678.
This proceeding is Investigation No. 332-543. Location: USITC, 500 E St., SW.
The USITC announced that this event may be
delayed until 11:00 AM, or until Friday. See,
10:00 AM. The Senate Judiciary
Committee (SJC) will hold an executive business meeting. The agenda includes consideration
of S 149 [LOC
| WW], the
"STOP Identity Theft Act of 2013". The agenda also again includes
consideration of six nominations for the U.S. District Court (DAriz). Webcast. See,
notice. Location: Room 226, Dirksen Building.
10:30 AM - 12:30 PM. The
Senate Banking Committee (SBC) will hold
a hearing on the Federal Reserve Board's (FRB)
"Semiannual Monetary Policy Report to the Congress". The witness
will be Janet
Yellen (Chairman of the FRB). See,
notice. Location: Room 538, Dirksen Building.
12:00 NOON EST. The
Public Citizen (PC),
Center for Digital Democracy (CDD), and
others, will hold a teleconferenced news conference to discuss their opposition to the
class action settlement in Fraley v. Facebook, U.S. District Court (NDCal), D.C.
No. CV 11-01726 RS, on appeal to the U.S. Court of Appeals (9thCir).
1:00 PM. The
US Telecom will host a webcast
event titled "FTTH 2.0: Reinventing the Network". The speakers
will be Craig Goodwin and Kurt Raaflaub. Free. See,
1:00 - 2:30 PM. The
American Bar Association (ABA) will host a webcast panel discussion titled "Trademark
Trial and Appeal Board (TTAB) Tips: Motions for Summary Judgment". The speakers
will be Michael Adlin (Administrative Trademark Judge,
TTAB), Cheryl Butler (Senior
Counsel for TTAB Policy and Procedure), Cheryl Goodman (Interlocutory Attorney, TTAB), and
Rebeccah Gan (Young &
Thompson). Prices vary. CLE credits. See,
2:30 PM. The Senate
Intelligence Committee (SIC) will hold a hearing on the nomination of John
Carlin to be Assistant Attorney General in charge of the Department of Justice's (DOJ)
National Security Division. Open to the public. See,
notice. Location: Room 219, Hart Building.
|Friday, February 14
The House will meet at 2:00 PM in pro forma
8:20 - 10:30 AM. The
US Telecom will host an event titled
"National Cybersecurity Policy Forum" and "The National
Cybersecurity Framework - Improving Critical Infrastructure: What's Next?". The
speakers will be Michael Daniel (Special Assistant to the President and Cybersecurity
Coordinator), Alexei Alexis (Bloomberg BNA), Jenny Menna (DHS), Samara Moore
(National Security Council staff), Ari Schwartz, Adam Sedgewick (NIST),
Charlie Mitchell (Inside Cybersecurity), Nadya Bartol (Utilities Telecom
Council), Christopher Boyer (AT&T), Kathryn Condello (CenturyLink), Doug
Johnson (American Bankers Association), Angela McKay (Microsoft). See,
notice. Location: National Press Club, First Amendment Lounge,.13th floor,
529 14th St., NW.
|Monday, February 17
Washington's Birthday. This is a federal holiday. See, Office of
Personnel Management's (OPM) 2014
calendar of federal holidays.
The House will not meet the week of February 17-21. See, 2014 House
|Tuesday, February 18
9:30 AM - 3:00 PM. The Department of Health and Human Services' (DHHS)
Office of the National Coordinator for Health
Information Technology's (ONC/HIT) HIT Standards Committee will meet. See,
the Federal Register, Vol. 78, No. 243, December 18, 2013, at Page 76627-76628.
11:00 AM - 2:00 PM. The National
Science Foundation's (NSF) Networking and Information
Technology Research and Development (NITRD) Program's Large Scale Networking Joint
Engineering Team (LSN/JET) meets the third Tuesday of each month. See,
the Federal Register, Vol. 78, No. 226, November 22, 2013, at Page 70076. Location:
NSF, 4201 Wilson Boulevard, Arlington, VA.
12:00 - 1:30 PM. The
American Bar Association's (ABA) Section of Antitrust Law will host a webcast panel
discussion titled "Deviation in Dominance: Why is Your Client a Monopolist There
but not Here?". The speakers will be
Brink (DOJ Antitrust Division), João Azevedo (European Commission DG Competition),
Chemtob (Wilson Sonsini), and
Eric Emch (Bates
Whit). Prices vary. No CLE credits. See,
RESCHEDULED FROM JANUARY 22. 12:30 – 1:45 PM. The Federal
Communications Commission (FCC) will host a meeting at which
the new Chief of the FCC's
Public Safety and
Homeland Security Bureau, will preside. Bring your own lunch. The FCBA asserts
that this is an FCBA event. Location: FCC, Room 7-B516, 445 12th St., SW.
1:00 - 2:30 PM. The
American Bar Association (ABA) will host a webcast panel discussion titled
"ResQNet and Beyond: Settlement-Related Discovery and Damages Evidence Recent
Cases and Apple v. Samsung". The speakers will be Taylor Kirklin (Law Clerk,
U.S. Court of Appeals for the 3rd Circuit) and Tejas Narechania (Postdoctoral Research
Scholar, Columbia Law School). Prices vary. CLE credits. See,
2:00 - 3:30 PM. The Brookings
Institution (BI) will host an event titled "Social Physics: How Human
Social Networks Spread Ideas". The speakers will be Darrell West (BI),
Cameron Kerry (BI), Sandy Pentland (MIT), and Aneesh Chopra. See,
notice. Location: BI, 1775 Massachusetts Ave., NW.
Deadline to submit reply comments to the Federal Communications
Commission (FCC) in response to its
Notice of Proposed Rulemaking (NPRM) regarding resiliency and transparency of
mobile wireless networks. This NPRM is FCC 13-125 in PS Docket No. 13-239 and PS
Docket No. 11-60. The FCC adopted this NPRM on September 26, 2013, and released it on
September 27, 2013. See,
in the Federal Register, Vol. 78, No. 222, November 18, 2013, at Pages 69018-69033.
Deadline to submit reply comments to the Federal
Communications Commission (FCC) in response to its
Further Notice of Proposed Rulemaking (FNPRM) regarding rural call completion.
The FCC adopted this item on October 28, 2013, and released it on November 8, 2013. It
is FCC 13-135 in WC Docket No. 13-39. See,
the Federal Register, Vol. 78, No. 242, December 17, 2013, at Pages 76257-76265.
|Wednesday, February 19
9:00 AM - 5:00 PM. Day one of a two day meeting
of the Federal Aviation Administration's (FAA) Radio
Technical Commission for Aeronautics' (RTCA) Special Committee 230, Airborne Weather Detection
Systems Committee. See,
notice in the
Federal Register, Vol. 79, No. 28, February 11, 2014, at Page 8234. Location: RTCA, Suite
910, 1150 18th St., NW.
10:00 AM - 12:00 NOON. The
Federal Trade Commission (FTC) will host a
workshop titled "Mobile Device Tracking". Free. Open to the
notice. Location: FTC Conference Center, 601 New Jersey Ave., NW.
12:30 - 1:30 PM. The
American Bar Association's (ABA)
Section of Antitrust Law will host a webcast panel discussion titled "The E-Books
Case: Getting Everyone on the Same Page". The speakers will be
(Drinker Biddle & Reath), Robert Hubbard (New York Attorney
General’s Office), Eric Enson (Jones Day),
and Ankur Kapoor
(Constantine Cannon). See also, story titled "District Court Finds that Apple
Conspired to Raise E-Book Prices" in
TLJ Daily E-Mail Alert No.
2,583, July 10, 2013, and
"District Court Issues Final Judgment in Apple E-Books Antitrust Case" in
TLJ Daily E-Mail Alert
No. 2,597, September 9, 2013. Prices vary. No CLE credits. See,
4:00 - 6:30 PM. The New America
Foundation (NAF) will host a panel discussion titled "The
Ever-Falling Cost of Surveillance: How You Can Be Tracked for Just Pennies a
Day, and What It Means for The Future of Privacy". Free. Open to the public. See,
Location: NAF, Suite 400, 1899 L St., NW.
6:00 - 8:15 PM. The Federal Communications
Bar Association's (FCBA) Privacy and Data Security Committee will host an event
titled "NSA Telephonic and Electronic Surveillance Reform -- Are the Programs
Legal and What is Going to Change?". CLE credits. Prices vary. See,
notice. Location: Location: Drinker Biddle &
Reath, 1500 K St., NW.