7/30. The House Commerce Committee (HCC) amended and approved HR 3670 [LOC | WW], the "Anti-Spoofing Act of 2013", on July 30, 2014.

The Congress enacted an ineffective ban on making phone calls with false caller identification information in 2010. That law, the Truth in Caller ID Act (TCIA), and the FCC's implementing regulations, do little to deter false caller ID information, because the prohibition only reaches false information sent with intent to defraud, and fraud was already criminalized. Marketers, salesmen, pollsters, and political campaigns remain free to lie in their caller ID information. HR 3670 would amend the 2010 law to also cover false information sent with text messages. Since it is an amendment to the 2010 law, it will likely prove to be just as ineffective.

(The FCC's rules are in its Report and Order, adopted on June 20, 2011, and released on June 22, 2011, FCC 11-100 in WC Docket No. 11-39.

Moreover, the 2010 act has limited states' ability to regulate the sending false caller ID information. See, story titled "5th Circuit Holds That State Caller ID Spoofing Statute Is Preempted" in TLJ Daily E-Mail Alert No. 2,491, December 15, 2012.

Rep. Grace Meng (D-NY) (at right) introduced this bill on December 5, 2013. Its two original cosponsors are Rep. Joe Barton (R-TX) and Rep. Leonard Lance (R-NJ). Since introduction, 22 others have joined as cosponsors.

The HCC approved an amendment in the nature of a substitute by voice vote on July 30. It then approved the bill as amended by voice vote.

Rep. Greg Walden (R-OR) stated that "there have been too many instances where bad actors have used technology to mask their identity when contacting unsuspecting recipients. Recipients are tricked into revealing sensitive and personal information to someone they thought was a trusted contact."

This bill would amend 47 U.S.C. § 227(e), which pertains to "Prohibition on provision of inaccurate caller identification information".

This subsection was added by the 111th Congress in 2010 by S 30 [LOC | WW], the "Truth in Caller ID Act of 2009", which is now Public Law No. 111-331. The companion bill in the House was HR 1258 [LOC | WW].

Currently, subsection 227(e) provides that it is "unlawful for any person within the United States, in connection with any telecommunications service or IP-enabled voice service, to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value", subject to further exceptions.

This provision allows callers to send false caller ID information provided that they do not intend to defraud. Hence, sending false caller ID information is a common business practice, particularly for marketing purposes, and often in combination with violation of do not call laws.

This subsection does ban sending false caller ID information with intent to defraud, but there were already on the books several criminal fraud statutes.

Hence, this is a toothless prohibition for those phone users who would like to be able to rely upon caller ID to screen out phones calls from marketers and others who disregard the do not call list.

The prohibition currently only applies to calls made from inside the U.S. This bill would amend the prohibition to also cover "any person outside the United States if the recipient is within the United States".

The prohibition also only applies to voice calls. It only applies to ID information associated with voice communications made using a telecommunications service, or an internet protocol (IP) enabled voice service that touches the PSTN. This bill would extend the statute to also cover ID information associated with text messages.

The statute defines "caller identification information” as "information provided by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or IP-enabled voice service".

This bill would extend the reach of this definition to include "a text message sent using a text messaging service". The bill would also make a similar amendment to the statute's definition of "caller identification service".

This bill would define "text message" as "a real-time or near real-time message consisting of text, images, sounds, or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a telephone number."

For TLJ coverage of legislation in the 111th Congress, see stories titled "Obama Signs Truth in Caller ID Act" in TLJ Daily E-Mail Alert No. 2,187, December 23, 2010, "House Passes Truth in Caller ID Act" in TLJ Daily E-Mail Alert No. 2,180, December 16, 2010, "House Commerce Committee Approves Truth in Caller ID Act", in TLJ Daily E-Mail Alert No. 2,059, March 19, 2010, "House Passes PHONE Act" in TLJ Daily E-Mail Alert No. 2,025, December 18, 2009, and "House Communications Subcommittee Approves Truth in Caller ID Act" in TLJ Daily E-Mail Alert No. 2,000, October 9, 2009.

For the 110th Congress, see S 704 [LOC | WW] the "Truth in Caller ID Act of 2007", and HR 251 [LOC | WW], also titled the "Truth in Caller ID Act of 2007". See also, stories titled "Senate Commerce Committee Approves Caller ID Bill" in TLJ Daily E-Mail Alert No. 1,604, June 29, 2007, and "House Approves Caller ID Spoofing Bill" in TLJ Daily E-Mail Alert No. 1,594, June 13, 2007. The full House passed its bill, HR 251. The Senate did not pass the House bill. The SCC, but not the full Senate, approved S 704.

For the 109th Congress, see HR 5126, the "Truth in Caller ID Act of 2006", which the House, but not the Senate, passed.

7/30. The House Commerce Committee (HCC) approved HR 5161 [LOC | WW], the Enhance Labeling, Accessing, and Branding of Electronic Licenses Act of 2014", or "E-LABEL Act", without amendment, by voice vote, on July 30, 2014.

Federal Communications Commission (FCC) rules require that radio frequency (RF) devices (and other electronic products) made or sold in the U.S. must be licensed by the FCC. Also, FCC licensed devices must bear the FCC label with its required information. This bill would enable manufacturers of RF devices with display screens, such as smart phones, to display this label and information, via the device's display.

The FCC released a document on July 11, 2014 titled "Electronic Labeling Guidance". It states that FCC "rules require the nameplate or label to be permanently affixed to the equipment and that it shall be visible to the purchaser at the time of purchase. In many instances, it is not practically feasible or appropriate to place a permanent legible label on the device. Many consumer devices have very small surface areas for a label, or when etched on the surface, the labeling may cause damage or require very expensive technique."

It also states that RF devices with integrated display screens can use e-labeling. See also, July 11, 2014 FCC document titled "Guidelines for Labelling and User Information for Devices Subject to Part 15 and Part 18" and July 11, 2014 FCC document titled "Quick Labeling Guide".

Rep. Bob Latta (R-OH) (at right)  introduced this bill on July 22, 2014. There was no hearing or subcommittee mark up for this bill. Support for the bill is bipartisan, and no member of the HCC expressed opposition to, or voted against, this bill.

Rep. Fred Upton (R-MI), the Chairman of the HCC, wrote in his opening statement that this bill is part of the HCC's "effort to streamline government regulations by embracing modern technology. The bill allows manufacturers to use digital labels for smartphones and other devices with screens instead of the traditional etched labeling that is currently mandated. Consumers still are able to access important FCC certification information, but manufacturers are able to take advantage of the technology inherent to their equipment, saving money, and creating a more visually pleasing device".

Rep. Gene Green (D-TX) stated that it will "lower the regulatory burden on nation's electronic manufacturers while satisfying consumer protection needs".

Rep. Latta said that "it can help save tens of millions of dollars" for manufacturers.

This bill provides that the Federal Communications Commission (FCC) shall within nine months of enactment "promulgate regulations or take other appropriate action, as necessary, to allow manufacturers of radiofrequency devices with display the option to use electronic labeling for the equipment in place of affixing physical labels to the equipment".

7/29. The House passed HR 4490 [LOC | WW], the "United States International Communications Reform Act of 2014", without amendment, by voice vote, after a short discussion, on July 28, 2014. The Senate has not passed this bill.

This bill would create a new "United States International Communications Agency" in the place of the Broadcasting Board of Governors (BBG). It would be a federal executive branch agency. The bill would also combine Radio Free Europe/Radio Liberty, Radio Free Asia (RFA), the Middle East Broadcasting Network (MBN) into one entity to be named the Freedom News Network. It would also refocus the Voice of America to "clear and effective presentation of the policies of the United States".

For a summary of this bill, see story titled "House to Consider International Communications Reform Act" in TLJ Daily E-Mail Alert No. 2,681, July 28, 2014.

That article offers the analysis that while this bill does reform the organization and management of U.S. international communications, this bill does not reform the strategies and technologies. It leaves U.S. international communications mired in cold war era terrestrial broadcasting from afar, while failing to expand into satellite radio, and new and forthcoming IP based technologies, to disseminate information, and circumvent foreign governments' efforts to jam and block. It also fails to expand into IP based technologies, such as social media, to enable persons both inside and outside the targeted nations to counter propaganda, such as the Russian government's misinformation regarding the shooting down of Malaysian Airlines Flight 17 over the Ukraine on July 17, 2014.

Only Rep. Ed Royce (R-CA), the sponsor of the bill, and Rep. Connolly (D-VA) spoke in support of the bill. No one spoke against it. See, Congressional Record, July 28, 2014, at Pages H6893-5.

Rep. Royce offered the example of the "downing of a civilian passenger plane by Russian-backed separatists". He said that "every malcontent, every skinhead that they could enlist in this cause has been given a weapon, and their behavior, as we have watched on television, is really unconscionable."

He continued that "What isn't so well known is the information battle that is being waged and that we are losing. We are losing on this front in the information war." He said that "Russia's propaganda machine is saturating the airwaves with false information designed to incite violence, designed to stoke sectarian fears and create a pretext for Russian military engagement in Ukraine."

While neither Rep. Royce nor Rep. Connolly discussed U.S. use of new information technologies, Rep. Royce noted that the Russian backed "thugs ... are recruited in the Russian-speaking world on these social Web sites".

"Our best weapon in this information battle, the Broadcasting Board of Governors, the BBG, is totally defunct", said Rep. Royce.

He said that HR 4490 "is a bipartisan effort to reform the BBG and make it more effective and efficient in efforts to confront this propaganda. The legislation cuts the bureaucracy so that more funding is spent fighting foreign propaganda instead of paying inflated salaries in Washington. The bill brings accountability to our international broadcasters, installing a full-time CEO empowered to make decisions. The current dysfunctional board of nine part-time Presidential appointees is reduced to an appropriate advisory capacity."

"Whether it is in Iran, North Korea, or elsewhere, our surrogate broadcasters will be at the tip of the spear in this information battle and are given a global mandate to go after the most despotic regimes, exposing their abuses, their violence, their hypocrisy, and telling the story of what is really going on in the country."

7/30. The People's Republic of China's (PRC) Xinhua News Agency, which is an arm of the government, stated in a release that the PRC is conducting an "anti-monopoly probe of Microsoft".

It elaborated that "Microsoft is suspected of not fully disclosing information of its Windows operating system and Microsoft Office application, causing incompatibility problems. According to Chinese law, incompatibility without advance warning to customers could be regarded anti-competitive."

"The Microsoft probe is just another sign that China is more forcefully enforcing its six-year old Anti-Monopoly Law." It asserted that the purpose of this investigation is "pro-competition".

"The Microsoft investigation has nothing to do with where the company comes from, but what it did in the Chinese market", Xinhua stated. It added that "Business giants China Telecom and China Unicom have also been subjects of anti-trust probes."

The House will meet at 10:00 AM.

The Senate will meet at 11:00 AM.

8:30 AM. The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) is scheduled to release its July 2014 employment data.

8:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC) will meet on site and via teleconference. The agenda includes a "Deemed export exemption proposal", "Space security", "Unmanned Aerial Vehicles", "Text mining", "Additive manufacturing", "Semiconductor Process Design Kits", and other topics. Open to the public. See, notice in the Federal Register, Vol. 79, No. 132, July 10, 2014, at Page 39366. Location: Room 6087B, DOC, Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding wireless broadband services in the 3550-3650 MHz band.. The FCC adopted and released this item on April 23, 2014. It is FCC 14-49 in 12-354. See, notice in the Federal Register, Vol. 79, No. 105, June 2, 2014, at Pages 31247-31282. See also, story titled "FCC Adopts NPRM Regarding 3550-3650 MHz Band" in TLJ Daily E-Mail Alert No. 2,645, April 23, 2014.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its second draft of NIST IR 7924 [94 pages in PDF] titled "Reference Certificate Policy".

Deadline to register to attend, and to submit comments in advance of, the Department of the Air Force's Global Positioning System Directorate (GPSD) August 22, 2014 event in El Segundo, California titled "2014 Public Open Forum". See, notice in the Federal Register, Vol. 79, No. 131, July 9, 2014, at Pages 38857-38858.

1:00 - 4:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Summer Social". For more information, contact Rachael Bender at RBender at mobilefuture dot org or Lindsey Tonsager at LTonsager at cov dot com. Location: American Ice Company, 917 V St., NW.

The House is scheduled to be in recess, except for pro forma sessions, until September 8, 2014. See, House 2014 calendar.

The Senate is scheduled to be in recess, except for pro forma sessions, until September 8, 2014. See, Senate 2014 calendar.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Halo Electronics v. Pulse Electronics, App. Ct. No. 13-1472, an appeal from the U.S. District Court (DNev), D.C. No. 2:07-cv-00331, in a case involving surface mount technology. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in T.M. Patents v. Cisco Systems, App. Ct. No. 14-1161, an appeal from the U.S. District Court (DMass), D.C. No. 12-11418-WGY, in a case involving transmitting computer messages across a processor network using wormhole routing, which is also known as cut through routing and cut through switching. See, November 13, 2013 Opinion and Order. Panel A. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Malico v. LSI Logic, App. Ct. No. 13-1680, an appeal from the U.S. District Court (NDCal), D.C. No. 5:11-cv-04537-HRL. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding its quadrennial review of its broadcast ownership rules, and the FCC's Report and Order (FCC 07-217), sometimes referred to as the diversity order, which the U.S. Court of Appeals (3rdCir) remanded in its July 7, 2011 opinion in Prometheus Radio Project v. FCC. The FCC adopted this FNPRM on March 31, 2014, and released it on April 15, 2014. It is FCC 14-28 in MB Docket Nos. 14-50, 09-182, 07-294, and 04-256. See, notice in the Federal Register, Vol. 79, No. 97, May 20, 2014, at Pages 29009-29064. See also, story titled "3rd Circuit Issues Opinion Regarding FCC Regulation of Media Ownership" in TLJ Daily E-Mail Alert No. 2,256, July 12, 2011.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Processing Equipment Technical Advisory Committee (ETRAC) will hold a partially closed meeting. See, notice in the Federal Register, Vol. 79, No. 132, July 10, 2014, at Pages 39366-7. Location: Room 3884, DOC, Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Internet Machines v. Cyclone Microsystems, App. Ct. No. 13-1516, an appeal from the U.S. District Court (EDTex), D.C. No. 6:11-cv-00250. Panel D. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Qcue v. Digonex Technologies, App. Ct. No. 14-1028, an appeal from the U.S. District Court (WDTex), D.C. No. A-12-CA-484-SS. Panel C. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in KI Ventures v. Fry's Electronics, App. Ct. No. 14-1187, an appeal from the U.S. District Court (SDTex), D.C. No. 4:13-cv-01407. Panel C. Location: Courtroom 201, 717 Madison Place, NW.

12:00 NOON - 1:00 PM. The law firm of Venable will host a webcast panel discussion titled "Managing Liabilities from Cyber Threats Using the SAFETY Act". The speakers will be Dismas Locaria, Brian Zimmet, and Jason Wool. For more information, contact Jilian Foley at JMFoley at Venable com com or 202-344-4395.

5:00 PM. Deadline to submit comments to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) in response to notice in the Federal Register (FR) regarding "Big Data and Consumer Privacy in the Internet Economy". See, FR, Vol. 79, No. 109, June 6, 2014, at Pages 32714-32716.

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 Policy Committee will meet. See, DHHS notice and notice in the Federal Register, Vol. 78, No. 243, December 18, 2013, at Page 76627. Location: __.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Internet Patents v. Active Network, App. Ct. No. 14-1048, an appeal from the U.S. District Court (NDCal), D.C. No. 4:12-cv-05035-DMR. Panel E. Location: Courtroom 201, 717 Madison Place, NW.

1:00 - 3:00 PM. The Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC) will meet by web conference and teleconference. See, notice in the Federal Register, Vol. 79, No. 132, July 10, 2014, at Page 39407.

Deadline to submit comments to the Export Import Bank of the U.S. regarding a proposed loan guarantee "to support the export of U.S.-manufactured Boeing 777 and Boeing 737 passenger aircraft that will be operated by an airline in China". See, notice in the Federal Register, Vol. 79, No. 141, July 23, 2014, at Page 42791.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Benefit Funding Systems v. Advance America Cash, App. Ct. No. 14-1122. Panel F. Location: Courtroom 201, 717 Madison Place, NW.

1:00 PM. The US Telecom will host a webcast program titled "The Business Shock of A Data Breach Incident - Who are you going to call?". The speaker will be Craig Spiezel (Online Trust Alliance). Free. See, notice.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in SmartMetric v. Mastercard International, App. Ct. No. 14-1037, an appeal from the U.S. District Court (CDCal), D.C. No. 2:11-cv-07126, in a case involving EMV card technology. Panel G. Location: Courtroom 201, 717 Madison Place, NW.

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

12:00 NOON. The Internet Caucus will host a panel discussion titled "K-12 Innovation and Student Privacy: Can They Co-Exist in the Era of Tablets, Big Data, and Cloud Storage?". The speakers will be __. See, notice. Location: Room __, Rayburn Building.

7/22. The Government Accountability Office (GAO) released a report [56 pages in PDF] titled "Telecommunications: FCC Should Improve the Accountability and Transparency of High-Cost Program Funding". This is the Federal Communications Commission's (FCC) tax and subsidy program for rural areas.

This report focuses on the FCC's 2011 Report and Order and Further Notice of Proposed Rulemaking [756 pages in PDF] which is also known as the "USF Transformation Order". The FCC adopted this item on October 27, 2011, and released it on November 18, 2011. It is FCC 11-161.

This item, among other things, expanded the high cost program to also subsidize broadband internet access service (BIAS), under the rubric of the "Connect America Fund". It also established the wireless subsidy program known as the "Mobility Fund". This GAO report focuses on these. The FCC's 2011 order also addressed other topics, such as intercarrier compensation, that are not part of the focus of this GAO report.

The report notes that "there have been long-standing concerns about what the program is accomplishing and the cost burden it imposes on consumers."

The report finds that the FCC is not collecting data that would enable it to analyze the effectiveness of the program. The report concludes that it should.

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 credit card payments page.

TLJ is published by David Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
3034 Newark St. NW, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998-2014 David Carney. All rights reserved.