4/16. The U.S. Patent and Trademark Office (USPTO) and the National Telecommunications and Information Administration (NTIA) published a notice in the Federal Register (FR) that announces four public hearings on the Department of Commerce's (DOC) Internet Policy Task Force's July 2013 paper titled "Copyright Policy, Creativity, and Innovation in the Digital Economy".

The four hearings will be held in Nashville, Boston, Los Angeles and San Francisco areas in May, June and July. These hearings are free, and open to the public. However, one must request and receive permission to attend in person, and to make a presentation. The hearings will also be webcast.

The USPTO and NTIA also refer to this 122 page paper as the "Green Paper".

The first hearing will be in the Flynn Auditorium, Vanderbilt University Law School, 131 21st. Ave. S., in Nashville, Tennessee on May 21 from 8:30 AM to 5:00 PM. The deadline to request to participate or observe is 5:00 PM EST on April 30.

The second hearing will be in Wasserstein Hall, Harvard University Law School, 1585 Massachusetts Ave., in Cambridge, Masschusetts on June 25 from 8:30 AM to 5:00 PM. The deadline to request to participate or observe is 5:00 PM EST on June 4.

The third hearing will be in Los Angeles, California on July 29 from 8:30 AM to 5:00 PM. The deadline to request to participate or observe is 5:00 PM EST on July 8.

The fourth hearing will be at the Bancroft Hotel, 2680 Bancroft Way, in Berkeley, California, on July 30 from 8:30 AM to 5:00 PM. The deadline to request to participate or observe is 5:00 PM EST on July 9.

See, FR, Vol. 79, No. 73, April 16, 2014, at Pages 21439-21440.

4/17. The U.S. Patent and Trademark Office (USPTO) will host a public hearing on May 9, 2014 on its memorandum titled "Guidance For Determining Subject Matter Eligibility of Claims Reciting or Involving Laws of Nature, Natural Phenomena, and Natural Products (Laws of Nature/Natural Products Guidance)''. (Parentheses in original.)

The USPTO released this 19 page guidance for its patent examiners on March 4, 2014, in reaction to the Supreme Court's June 13, 2013 opinion in Association for Molecular Pathology v. Myriad Genetics (Sup. Ct. No. 12-398), and its March 20, 2012 opinion in Mayo Collaborative Services v. Prometheus Laboratories (Sup. Ct. No. 10-1150).

35 U.S.C. § 101 provides merely that "Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title."

The Supreme Court held in Myriad that "a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but that cDNA is patent eligible because it is not naturally occurring".

It held in Mayo, in the context of patent claims directed at methods for giving a drug to a patient, that "underlying laws of nature" are not patentable.

The hearing will be held from 1:00 to 4:00 PM on May 9 in the USPTO's Madison Auditorium, 600 Dulany St., Alexandria, VA. The deadline to submit requests to speak at the hearing is April 25. The USPTO requires registration for both on site attendance, and for its webcast of the hearing.

The USPTO states that "There is no deadline for receipt of written comments."

See, notice in the Federal Register, Vol. 79, No. 74, April 17, 2014, at Pages 21736-21738.

4/17. The Department of Homeland Security's (DHS) National Protection and Programs Directorate published a notice in the Federal Register (FR) that announces that it has made determinations that contain classifications of critical infrastructure in which "a cybersecurity incident could reasonably result in catastrophic regional or national effects", and sets the process challenging such determinations.

This FR notice states that the deadline to submit petitions for reconsideration, and all accompanying materials, is May 15, 2014. See, FR, Vol. 79, No. 74, April 17, 2014, at Pages 21780-21782.

This FR notice does not include any of the following words or terms: "hearing", "impartial decision maker", "discovery", "confrontation", or "judicial review".

These determinations subject the listed owners and operators to heightened government regulation. The DHS did not disclose which businesses, or what infrastructure, it intends to subject to this heightened regulatory regime.

The DHS developed its initial list last July. This DHS notice states that this list will be reviewed and updated annually.

President Obama issued an Executive Order (EO) titled "Improving Critical Cybersecurity Infrastructure" on February 13, 2013. It states, at Section 9(a), that the DHS "shall ... identify critical infrastructure where a cybersecurity incident could reasonably result in catastrophic regional or national effects on public health or safety, economic security, or national security."

Then, Section 9(c) states that the DHS "shall confidentially notify owners and operators of critical infrastructure identified under subsection (a) of this section that they have been so identified, and ensure identified owners and operators are provided the basis for the determination."

It adds that the DHS "shall establish a process through which owners and operators of critical infrastructure may submit relevant information and request reconsideration of identifications under subsection (a) of this section."

The just published item in the FR discloses that the DHS has made its secret Section 9(a) determinations, and that owners and operators who received the secret notices may file Section 9(c) petitions for reconsideration pursuant to the procedure set forth in this FR item.

The Congress has not enacted legislation giving the President general authority to regulate cyber security related business practices. The House passed major legislation in both the 112th and 113th Congresses intended to improve cyber security. For the 112th Congress, see HR 3523 [LOC | WW], the "Cyber Intelligence Sharing and Protection Act of 2011". For the current Congress, see HR 624 [LOC | WW], the "Cyber Intelligence Sharing and Protection Act".

However, the Senate has passed neither bill, and President Obama opposes such legislation. See, Executive Office of the President (EOP) statement and story titled "Obama EOP Opposes CISPA" in TLJ Daily E-Mail Alert No. 2,379, April 24, 2012. Moreover, these bills would not give the President the authority that he is now exercising by administrative fiat.

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.

4/15. The Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) released its draft document [255 pages in PDF] titled "NIST Framework and Roadmap for Smart Grid Interoperability Standards, Release 3.0". This is also known as NIST SP 1108R3. The deadline to submit comment is 5:00 PM on May 30, 2014. See, NIST April 16 release, and notice in the Federal Register, Vol. 79, No. 72, April 15, 2014, at Page 21210.

4/4. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft FIPS Pub 202 [35 pages in PDF] titled "SHA-3 Standard: Permutation-Based Hash and Extendable-Output Functions". The NIST set no deadline for public comments.

3/22. The U.S. China Economic and Security Review Commission (USCESRC) released a revised version of its report titled "Red Cloud Rising: Cloud Computing in the China". The USCESRC released the original version of this report on September 5, 2013. See, story titled "Report Addresses Development of Cloud Computing in the PRC" in TLJ Daily E-Mail Alert No. 2,602, September 17, 2013. The just released version states that "Microsoft brought to the authors’ attention new information about its partnership with Chinese company 21Vianet. The original version of the report inaccurately characterized certain aspects of the Microsoft -- 21Vianet partnership."

3/14. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its third draft of SP 800-16 Rev. 1 [163 pages in PDF] titled "A Role-Based Model for Federal Information Technology / Cyber Security Training". The deadline to submit comments is April 30, 2014.

3/13. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-56 B Rev. 1 [132 pages in PDF] titled "Recommendation for Pair-Wise Key-Establishment Schemes Using Integer Factorization Cryptography". The deadline to submit comments is May 15, 2014.

3/7. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-157 [29 pages in PDF] titled "Guidelines for Derived Personal Identity Verification (PIV) Credentials".

3/7. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR 7981 [14 pages in PDF] titled "Mobile, PIV, and Authentication". The deadline to submit comments is April 21, 2014.

The House will not meet the weeks of April 14-18 or April 21-25. It will next meet at 2:00 PM on Monday, April 28. See, 2014 House calendar, and SConRes 35.

The Senate will not meet. It will next meet at 2:00 PM on April 28.

10:00 - 11:00 AM. The American Enterprise Institute (AEI) will host a discussion regarding "Edward Snowden's betrayal". The speakers will be Liam Fox (UK Member of Parliament, and former Minister of Defense) and Marc Thiessen (AEI). Webcast. See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding extension of the freeze of jurisdictional separations category relationships and cost allocation factors for three years, through June 30, 2017. The FCC adopted this FNPRM on March 26, 2014, and released it on March 27. It is FCC 14-27 in CC Docket No. 80-286. See, notice in the Federal Register, Vol. 79, No. 63, April 2, 2014, at Pages 18498-18503.

9:00 AM - 12:00 NOON. The National Foundation on Arts and the Humanities' (NFAH) Institute of Museum and Library Services (IMLS) will hold a 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. Location: Martin Luther King Jr. Memorial Library, 901 G St., NW.

Deadline to submit to the National Institute of Standards and Technology (NIST) "products and technical expertise to support and demonstrate security platforms for identity and access management for the electric power sector". This pertains to either the NIST's National Cybersecurity Center of Excellence program involving voluntary collaboration by private sector entities, or government regulation of cyber security practices in the private sector. See, notice in the Federal Register, Vol. 79, No. 52, March 18, 2014, at Pages 15100-15102.

Good Friday.

Supreme Court conference day. See, October Term 2013 calendar.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding its draft NIST IR 7977 [14 pages in PDF] titled "NIST Cryptographic Standards and Guidelines Development Process".

Easter.

The House will not meet the week of April 21-25. It will next meet at 2:00 PM on Monday, April 28. See, 2014 House calendar, and SConRes 35.

Deadline to submit reply 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 nominations for membership on the Internal Revenue Service's (IRS) Electronic Tax Administration Advisory Committee (ETAAC). See, notice in the Federal Register, Vol. 79, No. 41, March 3, 2014, at Page 11877.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding expansion of its e-rate tax and subsidy program. This PN is DA 14-308 in WC Docket No. 13-184. The FCC's Wireline Competition Bureau (WCB) released it on March 6, 2014. This 23 page PN, which is in the nature of a Further Notice of Proposed Rulemaking (FNPRM), seeks further comments in its proceeding initiated by the FCC's 2013 NPRM. That NPRM is FCC 13-100. See, notice in the Federal Register, Vol. 79, No. 47, March 11, 2014, at Pages 13599-13607.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding 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. See, FTC notice in the Federal Register, Vol. 79, No. 53, March 19, 2014, at Pages 15271-15272. See also, FTC notice in its web site. See also, story titled "FTC Seeks Comments on Proposed COPPA Safe Harbor" in TLJ Daily E-Mail Alert No. 2,634, March 19, 2014.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-157 [29 pages in PDF] titled "Guidelines for Derived Personal Identity Verification (PIV) Credentials".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR 7981 [14 pages in PDF] titled "Mobile, PIV, and Authentication".

Passover ends at sundown.

8:30 AM - 2:00 PM. The U.S. Chamber of Commerce's (USCC) Global Intellectual Property Center (GIPC) will host an event titled "2nd Annual IP Champions Conference". The speakers will include Rep. Doug Collins (R-GA), David Hirschmann (head of the GIPC), Mark Crowell (University of Virginia), Anastasia Danias (National Football League), Alun Jones (United Nations Office of Drugs and Crime), David Lowery (University of Georgia), and Miriam Vogel (Department of Justice). Location: USCC, 1615 H St., NW.

10:30 AM. The Federal Communications Commission (FCC) will hold an event titled "Open Meeting". The agenda includes a huge universal service item and an NPRM regarding spectrum sharing in the 3550-3650 MHz band. Webcast. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

5:30 - 7:00 PM. The Institute for Policy Innovation (IPI) will host a reception in advance of its April 24 event titled "9th Annual World Intellectual Property Day Forum". The speaker will be Frances Gurry, Director of the World Intellectual Property Organization (WIPO). Free. Open to the public. See, notice. Location: Room 121, Cannon Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding extension of the freeze of jurisdictional separations category relationships and cost allocation factors for three years, through June 30, 2017. The FCC adopted this FNPRM on March 26, 2014, and released it on March 27. It is FCC 14-27 in CC Docket No. 80-286. See, notice in the Federal Register, Vol. 79, No. 63, April 2, 2014, at Pages 18498-18503.

Deadline to submit requests to make presentations at President's Council of Advisors on Science and Technology's (PCAST) April 30 public conference call on the PCAST's big data and privacy report. See, notice in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21453-21454.

9:00 AM - 1:00 PM. The Institute for Policy Innovation (IPI) will host an event titled "9th Annual World Intellectual Property Day Forum". The speakers will include Geoffrey Manne (International Center for Law and Economics), Sandra Aistars (Copyright Alliance), Grant Aldonas (Center for Strategic & International Studies), Joe Damond (Biotech Industry Organization), Dana Colarulli (USPTO), and Stevan Mitchell (Globalview Strategies). Free. Open to the public. Lunch wil be served. See, notice. Location: Reserve Officers Association, One Constitution Ave., NE.

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.

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