3/17. The Copyright Office (CO) published a notice in the Federal Register (FR) that "announces the initiation of a study to evaluate the effectiveness of existing methods of licensing music". This notice contains a summary of current music licensing practices and laws, and 24 questions for public comment.

The CO seeks public comments to assist it in preparing a report for the Congress. The House Judiciary Committee (HJC) has several related hearings in the 113th Congress.

The deadline to submit comments is May 16, 2014. See, FR, Vol. 79, No. 51, March 17, 2014, at Pages 14739-14743. This notice adds that the CO will hold hearings after the close of the comment period.

The CO states that in drafting the Copyright Act of 1976 and the Digital Millennium Copyright Act (DMCA) in 1998, the "Congress could not have foreseen all of today's technologies and the myriad ways consumers and others engage with creative works in the digital environment. Perhaps nowhere has the landscape been as significantly altered as in the realm of music."

The CO asks questions about the Section 115 statutory license for the reproduction and distribution of musical works.

For example, the CO asks, "Would the music marketplace benefit if the Section 115 license were updated to permit licensing of musical works on a blanket basis by one or more collective licensing entities, rather than on a song-by-song basis?"

The CO also asks questions about the "royalty ratesetting process and standards applicable under the consent decrees governing ASCAP and BMI".

The CO also asks questions about the Section 112 and Section 114 statutory licensing process, platform parity, and music licensing practices.

The CO also asks about income and revenue, and impacts upon investment. It asks "How have developments in the music marketplace affected the income of songwriters, composers, and recording artists?", and whether "Are revenues attributable to the performance and sale of music fairly divided between creators and distributors of musical works and sound recordings?".

It also asks how "In what ways are investment decisions by creators, music publishers, and record labels, including the investment in the development of new projects and talent, impacted by music licensing issues?", and "How do licensing concerns impact the ability to invest in new distribution models?".

The CO also seeks information regarding "revenues attributable to the consumption of music in different formats and through different distribution channels, and the income earned by copyright owners".

And finally, it asks whether the federal government could "encourage the adoption of universal standards for the identification of musical works and sound recordings to facilitate the music licensing process".

While the CO asks numerous questions, it does not ask any questions regarding myriad non-licensing music issues, such as fair use, the DMCA anti-circumvention regime, the Section 512 limitation on liability relating to material online, the Section 108 limitation on liability for libraries, the Section 121 limitation on liability in connection with disability.

Finally, the CO does not seek public comment on whether the Section 106 public performance right should or should not extend, not only to satellite and internet, but also to terrestrial broadcast radio. Rather, the CO informs the public that it thinks that the public performance right in sound recordings should be extended to broadcast radio.

However, the CO does ask "How do differences in the applicability of the sound recording public performance right impact music licensing?"

3/12. The General Services Administration (GSA) published a notice in the Federal Register (FR) that requests public comments regarding "how to implement" the "recommendations" contained in the joint GSA and Department of Defense (DOD) document titled "Final Report of the Joint Working Group on Improving Cybersecurity and Resilience Through Acquisition".

The just released notice in the FR requests comments, but poses no specific questions. The deadline to submit comments is April 28, 2014. See, FR, Vol. 79, No. 48, March 12, 2014, Page 14042.

This GSA/DOD report is dated November 2013. The GSA and DOD released it on January 23, 2014.

First, this GSA/DOD document imposes requirements for cyber security in products and services procured by the federal government. The federal government is tasked by statute with maintaining cyber security in federal systems.

This document merely contains six broad, unspecified, and/or vague requirements related to federal procurement.

This document requires that the federal government and federal suppliers institute baseline cyber security requirements as a condition of contract award for appropriate acquisitions, address cyber security in relevant training, develop common cyber security definitions for federal acquisitions, institute a federal acquisition cyber risk management strategy, include a requirement to purchase from original equipment or component manufacturers, their authorized resellers, or other trusted sources, for appropriate acquisitions, increase government accountability for cyber risk management. Although, this document provides no definitions, and imposes no specific requirements.

However, this document also creates a process that goes beyond federal systems and federal procurement.

This document leverages the federal government procurement process to regulate private sector cyber security practices unrelated to procurement.

This documents also creates regulatory processes that may be employed the federal government, and lobbyists, to pursue policy goals unrelated to cyber security.

The Congress has not enacted a statute that gives the federal government general regulatory authority with respect to the cyber security practices in the private sector. In the 112th Congress, the House passed a bill, which the Senate did not consider. The Senate considered, but did not pass, a much different bill. It did not take up the House bill. The House has also passed a revised version of its bill in the current Congress. See, HR 624 [LOC | WW | PDF], the "Cyber Intelligence and Sharing Protection Act" or CISPA, in the 113th Congress, and HR 3523 [LOC | WW], a bill with the same title, in the 112th Congress.

The Obama administration did not work with the Congress to enact general cyber security laws, and then "take Care that the Laws be faithfully executed". Rather, the Obama administration proceeded to regulate by executive fiat.

The focus of House bills is incenting companies to share cyber threat information with relevant government agencies. The focus of the Obama administration is government regulation.

This GSA/DOD document states that it implements President Obama's Executive Order (EO) 13636, titled "Improving Critical Cybersecurity Infrastructure", and released in February of 2013. See also, story titled "Obama Signs Cyber Security Order and Policy Directive" and related stories in TLJ Daily E-Mail Alert No. 2,525, February 19, 2013.

Section 8(e) of that EO states in full that "Within 120 days of the date of this order, the Secretary of Defense and the Administrator of General Services, in consultation with the Secretary and the Federal Acquisition Regulatory Council, shall make recommendations to the President, through the Assistant to the President for Homeland Security and Counterterrorism and the Assistant to the President for Economic Affairs, on the feasibility, security benefits, and relative merits of incorporating security standards into acquisition planning and contract administration. The report shall address what steps can be taken to harmonize and make consistent existing procurement requirements related to cybersecurity."

However, the GSA/DOD document goes beyond this language. It states that it imposes "requirements in both their own operations and in the products and services they deliver" to the government. (See, page 7.) That is, the document imposes company wide obligations on any company that does business with the federal government.

The GSA/DOD document also provides that the federal government may regulate not only the supplier's products and services, but also may limit with whom they do business. Their suppliers must be "trusted" and "authorized". And, the document provides that this means government authorization. (See, page 18.)

In recent years the US government has allowed trade protectionism considerations to creep into cyber security deliberations (as well as other ICT related processes, such as OUSTR reviews of Section 337 exclusion orders). The GSA/DOD document sets up a process that would be ripe for exploitation by US companies that would lobby to limit foreign competition under the guise of cyber security.

While the document asserts authority to regulate company wide, including non-procurement related, cyber security related practices of federal suppliers, it contains few words regarding the likely consequences of such an assertion.

For example, the GSA/DOD document is silent regarding what impact its requirements might have upon liability in civil litigation, and how anticipation of such liability might be used to obtain compliance. For example, if a federal contractor were sued in state or federal trial court for damages arising out of an alleged data breach, what impact would compliance, or non-compliance, with the requirements set by the GSA/DOD have upon that litigation?

3/19. The Federal Trade Commission (FTC) published a notice in the Federal Register (FR) and a notice in its web site that request public comments on the proposed guidelines [56 pages in PDF] submitted pursuant to the safe harbor provision of the Children's Online Privacy Protection Act (COPPA), and FTC rules thereunder, by the Internet Keep Safe Coalition, which is also named iKeepSafe.

The text of the proposed guidelines published by the FTC for public comment redacts information about the Coalition's budget, its price schedule for member companies, and most of its questionnaire for member companies titled "Data Practices Assessment", which assists it in assessing practices related to collection and handling of data from users under 13.

The Coalition states in its web site that its "corporate partners" include, among others, AT&T, Comcast, Facebook, Fox Interactive Media, Google, and Microsoft.

The deadline to submit comments is April 21, 2014. See, FR, Vol. 79, No. 53, March 19, 2014, at Pages 15271-15272.

The COPPA, which is codified at 15 U.S.C. §§ 6501-6506, bans operators of web sites and online services that are directed to children from collecting information from children under thirteen without parental consent.

The statute, at 15 U.S.C. § 6502, states that "It is unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to collect personal information from a child in a manner that violates the regulations prescribed under subsection (b) of this section."

Section 6503 provides for the safe harbor. It provides in part that "An operator may satisfy the requirements of regulations issued under section 6502(b) of this title by following a set of self-regulatory guidelines, issued by representatives of the marketing or online industries, or by other persons" that has been approved by the FTC.

The FTC has adopted and amended rules pursuant to this subsection (b), which are codified at 16 CFR part 312. It last amended these rules in December of 2012. See, story titled "FTC Releases Expanded COPPA Rules" in TLJ Daily E-Mail Alert No. 2,494, December 19, 2012.

The FTC's safe harbor rule is codified at 16 CFR 312.10. It provides in part that "An operator will be deemed to be in compliance with the requirements of this part if that operator complies with self-regulatory guidelines, issued by representatives of the marketing or online industries, or by other persons, that, after notice and comment, are approved by the Commission."

The FTC asks in its FR notice, for example, "Are the mechanisms used to assess operators' compliance with the proposed guidelines effective?", "Are the incentives for operators' compliance with the proposed guidelines effective?", "Do the proposed guidelines provide adequate means for resolving consumer complaints?", and "Does iKeepSafe have the capability to run an effective safe harbor program?".

The FTC has approved six safe harbor programs submitted by Aristotle Inc., the Children’s Advertising Review Unit of the Council of Better Business Bureaus, the Entertainment Software Rating Board, TrustE, PRIVO, and KidSAFE.

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8:30 AM - 12:00 NOON. Day two of a two day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Smart Grid Advisory Committee (SGAC). See, notice in the Federal Register, Vol. 79, No. 40, February 28, 2014, at Pages 11417-11418. Location: Portrait Room, Administration Building, NIST, 100 Bureau Drive, Gaithersburg, MD.

9:00 AM - 4:30 PM. The Privacy and Civil Liberties Oversight Board (PCLOB) will hold a hearing. The agenda includes "the PCLOB's study of the federal government's surveillance program" under assertion of authority under Section 702 of the Foreign Intelligence Surveillance Act. This is the outside the US warrantless intercept provision, which is codified at 50 U.S.C. § 1881a. Open to the public. See, notice in the Federal Register, Vol. 79, No. 46, March 10, 2014, at Page 13334. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

9:00 AM - 5:00 PM. Day two of a three day meeting of the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 147, Minimum Operational Performance Standards for Traffic Alert and Collision Avoidance Systems Airborne Equipment. See, notice in the Federal Register, Vol. 79, No. 37, February 25, 2014, at Pages 10599-10600. Location: RTCA, Suite 910, 1150 18th St., NW.

10:00 AM - 5:00 PM. Day three of a four day meeting of the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 186, Automatic Dependent Surveillance -- Broadcast. See, notice in the Federal Register, Vol. 79, No. 41, March 3, 2014, at Pages 11863-11864. Location: RTCA, Suite 910, 1150 18th St., NW.

10:30 AM - 12:00 NOON. The Heritage Foundation (HF) will host a panel discussion titled "Preview of the President’s Asia Trip". See, notice. Location: HF, 214, Massachusetts Ave., NE.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) >will host a panel discussion titled "The National Broadband Plan: Four Years Later". The speakers will include Doug Brake (ITIF), Jamie Barnett (Venable), John Horrigan (consultant), Blair Levin (Aspen Institute), Steve Midgley (Mixrun), and Nick Sinai (EOP OSTP). Webcast. Free. Open to the public. Lunch will be served. See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

EXTENDED TO OCTOBER 6. Extended deadline to submit initial comments in response to Section IV.B of the Federal Communications Commission's (FCC) Further Notice of Proposed Rulemaking (FNPRM) regarding special access. Section IV.B pertains to "Possible Changes to Pricing Flexibility Rules after Proposed One-Time, Multi-Faceted Market Analysis". The FCC adopted this item on December 11, 2012, and released it on December 18, 2012. It is FCC 12-153 in WC Docket No. 05-25 and RM-10593. See, original notice in the Federal Register (FR), Vol. 78, No. 8 January 11, 2013, at Pages 2600-2614, setting deadlines. See also, July 2013 Public Notice extending deadlines. See, notice in FR, Vol. 79, No. 52, March 18, 2014, at Pages 15092-15093, and March 5, 2014 Public Notice (DA 14-302), further extending deadlines.

9:00 AM - 4:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) and the U.S. Patent and Trademark Office (USPTO) will host an event titled "First Public Meeting on the Establishment of a Multistakeholder Forum on Improving the Operation of the Notice and Takedown System Under the DMCA". The notice and takedown regime is codified at 17 U.S.C. § 512. See, notice in the Federal Register, Vol. 79, No. 47, March 11, 2014, at Pages 13644-13645. Location: USPTO, Madison Building, 600 Dulany Street, Alexandria, VA.

9:00 AM - 5:00 PM. Day three of a three day meeting of the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 147, Minimum Operational Performance Standards for Traffic Alert and Collision Avoidance Systems Airborne Equipment. See, notice in the Federal Register, Vol. 79, No. 37, February 25, 2014, at Pages 10599-10600. Location: RTCA, Suite 910, 1150 18th St., NW.

10:00 AM - 5:00 PM. Day four of a four day meeting of the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 186, Automatic Dependent Surveillance -- Broadcast. See, notice in the Federal Register, Vol. 79, No. 41, March 3, 2014, at Pages 11863-11864. Location: RTCA, Suite 910, 1150 18th St., NW.

1:00 - 5:00 PM. The Federal Communications Commission's (FCC) Communications Security, Reliability, and Interoperability Council (CSRIC) IV will meet. The FCC's notice states that "Votes are scheduled on reports for Working Group 3 on Emergency Alerting, Working Group 7 on Legacy Best Practices, and Working Group 9 on Infrastructure Sharing During Emergencies. In addition, Working Group 4 Cybersecurity Best Practices, will begin their work to recommend consensus-based best practices that implement the NIST Cybersecurity Framework". See, Federal Register, Vol. 79, No. 40, February 28, 2014, at Pages 11431-11432. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

9:00 AM. The Senate will meet in pro forma session.

Supreme Court conference day.

Deadline to file written submission with the U.S. International Trade Commission (USITC) regarding its investigation titled "Digital Trade in the U.S. and Global Economies". See, USITC release, and notice in the Federal Register, Vol. 78, No. 162, August 21, 2013, at Pages 51744-51746. See also, story titled "USITC Releases First Report on Digital Trade" in TLJ Daily E-Mail Alert No. 2,589, August 26, 2013.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) requesting public comments to assist it in preparing its 16th report on the status of competition in the market for the delivery of video programming. This NOI is FCC 14-8 in MB Docket No. 14-16. The FCC adopted this NOI on January 30, 2014, and released the text on January 31, 2014. See also, notice in the Federal Register, Vol. 79, No. 29, February 12, 2014, at Pages 8452-8457.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding "Experiment Proposals". See, Part III of the FCC's huge item [114 pages in PDF] adopted on January 30, 2014, and released on January 31, regarding technology transitions in voice communications. This item is FCC 14-5 in GN Docket No. 13-5 and WC Docket Nos. 10-90 and 13-97.

The House will meet the week of March 24-28. See, 2014 House calendar.

The Senate will meet at 2:00 PM.

1:00 - 3:15 PM. The The Brookings Institution (BI) will host an event titled "Wireless Spectrum and the Future of Technology Innovation". The speakers will include Tom Wheeler (FCC Chairman). See, notice. Location: BI, 1775 Massachusetts Ave., NW.

4:30 PM. The House Intelligence Committee (HIC) will hold a closed hearing on undisclosed matters titled "Ongoing Intelligence Activities". No webcast. See, notice. Location: HVC-304, Capitol Building.

Deadline to submit requests to testify at the National Foundation on Arts and the Humanities' (NFAH) Institute of Museum and Library Services (IMLS) April 17 hearing titled "Libraries and Broadband: Urgency and Impact". The purpose of this hearing is "establishing a public record specifically focused on the need for and impact of high speed broadband connectivity in America's libraries". See, notice in the Federal Register, Vol. 79, No. 47, March 11, 2014, at Pages 13679-13680. See also, the FCC's 2013 NPRM and March 2014 Public Notice (PN) regarding expanding the FCC's e-rate tax and subsidy program.

9:00 AM - 5:00 PM. Day one of a three day event hosted by the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) titled "Intersection of Cloud and Mobility Forum and Workshop". Open to the public. The deadline to register is 5:00 PM on March 17. See, event web site and notice in the Federal Register, Vol. 79, No. 47, March 11, 2014, at Pages 13622-13623. Location: NIST, Red Auditorium, Building 101, 100 Bureau Drive, Gaithersburg, MD.

10:00 AM. The Department of Commerce's (DOC) President's Export Council Subcommittee on Export Administration (PECSEA) will hold a partially closed meeting to discuss the Bureau of Industry and Security's (BIS) export regulation regime. See, notice in the Federal Register, Vol. 79, No. 47, March 11, 2014, at Pages 13612-13613. Location: DOC, Room 4830, Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a panel discussion titled "Transatlantic Solutions to Government Surveillance". The speakers will be Konstantin von Notz (Member of German Parliament), Jan Philipp Albrecht (Member of European Parliament), Malte Spitz (German Green Party), and Kevin Bankston (NAF). Webcast. Free. Open to the public. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

1:00 - 5:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will host one of its series of meetings regarding privacy and facial recognition technology. See, notice in the Federal Register, Vol. 78, No. 235, December 6, 2013, at Pages 73502-73503. Location: American Institute of Architects, 1735 New York Ave., NW.

2:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Financial Services and General Government will hold a hearing on the budget for the Federal Communications Commission (FCC). The witnesses will be Thomas Wheeler and Ajit Pai. See, notice. Location: Room B-308, Rayburn Building.

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

Deadline to submit nominations (and written comments regarding nominations) to the Office of the U.S. Trade Representative (OUSTR) for membership on its Public Interest Trade Advisory Committee. See, notice in the Federal Register, Vol. 79, No. 37, February 25, 2014, at Pages 10596-10598.

9:00 AM - 5:00 PM. Day two of a three day event hosted by the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) titled "Intersection of Cloud and Mobility Forum and Workshop". Open to the public. The deadline to register is 5:00 PM on March 17. See, event web site and notice in the Federal Register, Vol. 79, No. 47, March 11, 2014, at Pages 13622-13623. Location: NIST, Red Auditorium, Building 101, 100 Bureau Drive, Gaithersburg, MD.

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, notice in the Federal Register, Vol. 78, No. 243, December 18, 2013, at Page 76627-76628.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Reauthorization of the Satellite Television Extension and Localism Act". The witnesses will be __. Webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee (SHSGAC) will hold a hearing titled "Strengthening Public Private Partnerships to Reduce Cyber Risks to Our Nation’s Critical Infrastructure". The witnesses will be __. See, notice. Location: Room 342, Dirksen Building.

1:30 PM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will hold a closed meeting. The agenda is selection of the Local Number Portability Administrator. See, notice in the Federal Register, Vol. 79, No. 49, March 13, 2014, at Pages 14250-14251. Location: FCC, Room CY-A257, 445 12th St., SW.

Deadline to submit comments to the Department of Transportation (DOT) in response to its Advance Notice of Proposed Rulemaking (ANPRM) regarding banning voice communications on passengers' mobile wireless devices on flights. See, notice in the Federal Register, Vol. 79, No. 36, February 24, 2014, at Pages 10049-10054.

9:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing on undisclosed matters titled "Ongoing Intelligence Activities". No webcast. See, notice. Location: HVC-304, Capitol Building.

9:00 AM - 12:30 PM. Day three of a three day event hosted by the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) titled "Intersection of Cloud and Mobility Forum and Workshop". Open to the public. The deadline to register is 5:00 PM on March 17. See, event web site and notice in the Federal Register, Vol. 79, No. 47, March 11, 2014, at Pages 13622-13623. Location: NIST, Red Auditorium, Building 101, 100 Bureau Drive, Gaithersburg, MD.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of S 1720 [LOC | WW], the "Patent Transparency and Improvements Act of 2013". The agenda also includes consideration the nominations of Gregg Costa (to be a Judge of the U.S. Court of Appeals for the 5th Circuit), Tanya Chutkan (USCD/DC), Hannah Lauck (USDC/EDVa), and Leo Sorokin (USCD/DMass).Webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. See, notice in the Federal Register, Vol. 79, No. 50, March 14, 2014, at Pages 14511-14512. Location: FCC, Room 5-C162, 445 12th St., SW.

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

Deadline to submit to the Federal Communications Commission (FCC) oppositions to the petition for reconsideration of the FCC's Report and Order regarding reliability and resiliency of 911 networks filed by Intrado, Inc. on February 18, 2014. The FCC adopted and released its order on December 12, 2013. It is FCC 13-158 in PS Docket Nos. 13-75 and 11-60. See, notice in the Federal Register, Vol. 79, No. 48, March 12, 2014, at Pages 13975-13976.