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Monday, January 19, 2015, Alert No. 2,708.
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President Delivers State of the Union Address

1/20. President Obama delivered a speech titled "State of the Union Address". He said very little about those issues that implicate information and communications technologies, how the executive branch is dealing with them, or what legislation he recommends that the Congress enact.

Article II, Section 3 of the Constitution provides that the President "shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient".

President Obama did acknowledge the existence of "companies like Google, and eBay, and Tesla", and he urged one person to "make sure to Instagram it".

He stated that "21st century businesses need 21st century infrastructure -- modern ports, stronger bridges, faster trains and the fastest internet", and that "21st century businesses will rely on American science, technology, research and development."

He referenced only four sets of current ICT related issues -- protecting a free and open internet, protecting against cyber threats, reforming ICT based surveillance, and trade promotion. But, he provided little information, and only the vaguest of recommendations.

He said nothing about patent reform, visas for persons highly skilled in ICT fields, or ICT tax issues.

Sen. John Thune (R-SD), the Chairman of the Senate Commerce Committee (SCC), stated in a release that "The president tonight laid out an agenda of top-down policies of the past to tax, to spend, and to regulate."

Free and Open Internet. First, President Obama said that "I intend to protect a free and open internet, extend its reach to every classroom, and every community, and help folks build the fastest networks, so that the next generation of digital innovators and entrepreneurs have the platform to keep reshaping our world."

All Representatives and Senators, policy makers, and advocates seek a "free and open internet". They differ as to how to accomplish this. President Obama offered no specifics.

But, see his January 13, 2015 speech in Cedar Falls, Iowa.

Cyber Security. Second, he said that "No foreign nation, no hacker, should be able to shut down our networks, steal our trade secrets, or invade the privacy of American families, especially our kids. We are making sure our government integrates intelligence to combat cyber threats, just as we have done to combat terrorism. And tonight, I urge this Congress to finally pass the legislation we need to better meet the evolving threat of cyber-attacks, combat identity theft, and protect our children’s information. If we don’t act, we’ll leave our nation and our economy vulnerable. If we do, we can continue to protect the technologies that have unleashed untold opportunities for people around the globe."

The Congress has considered a wide range of legislative proposals. The House has twice passed a major bill, which the President opposed. The Senate, under the leadership of Sen. Harry Reid (D-NV) twice tried, but failed, to pass a vastly different bill.

President Obama said nothing in his state of the union address regarding what should be the contents of forthcoming legislation. However, he offered some specifics in his January 13, 2015 speech and release.

Sen. Tom Carper (D-DE), ranking Democrat on the Senate Homeland Security and Governmental Affairs Committee (SHSGAC), stated in a release that "For nearly a decade I've pushed for bipartisan legislation on data breach prevention and notification, as well as comprehensive cybersecurity legislation. This is an area where Congress and the administration can and should work together to approve this much-needed legislation."

Sen. Ron Johnson (R-WI), the Chairman of the SHSGAC, criticized the President's speech in a release. He said that "Our initial priorities include securing our border, addressing the issue of cybersecurity, protecting critical infrastructure, ...".

Surveillance Reform. Third, President Obama said that "As Americans, we cherish our civil liberties, and we need to uphold that commitment if we want maximum cooperation from other countries and industry in our fight against terrorist networks. So while some have moved on from the debates over our surveillance programs, I haven't. As promised, our intelligence agencies have worked hard, with the recommendations of privacy advocates, to increase transparency and build more safeguards against potential abuse."

But, he did not "recommend to their Consideration such Measures as he shall judge necessary and expedient". He did not propose any form of legislation to reform the currently outdated statutes covering surveillance.

Instead, he said that "next month, we'll issue a report".

Rep. Bob Goodlatte (R-VA), Chairman of the House Judiciary Committee (HJC), stated in a release that "we need to reform the bulk collection program under the Foreign Intelligence Surveillance Act". He added that "Last Congress, the House passed comprehensive legislation to do just that, but the Senate failed to act. The USA PATRIOT Act is set to expire on June 1, 2015 and it is imperative that we reform these programs before then."

Victoria Espinel, head of the BSA Software Alliance, stated in a release that "Sending a clear signal to the American public and international community that the United States is committed to upholding essential privacy protections while safeguarding the country's national security is critical to restoring trust in the digital economy".

Trade. Fourth, President Obama said, "I'm asking both parties to give me trade promotion authority", or TPA. He did not mention any of the ongoing multilateral trade negotiations to which the U.S. is a party, or any possible bilateral free trade agreements.

Sen. Orrin Hatch (R-UT), Chairman of the Senate Finance Committee (SFC), stated in a release that "The President’s strong call for the renewal of job-creating Trade Promotion Authority (TPA) is welcome but long overdue. Swift action on TPA will jumpstart a robust trade agenda that will help America gain greater access to growing overseas markets and hold our trading partners accountable through the negotiation and enactment of strong trade agreements. To have a healthy economy, the United States must engage with other nations through trade."

Jay Simmons, head of the National Association of Manufacturers (NAM), praised the statement about TPA, but criticized the President's tax proposals. He stated in a release that "Punitive tax increases on investment and small businesses, coupled with increased government spending, are no way to unleash economic growth." See also, similar reaction from Thomas Donohue, head of the U.S. Chamber of Commerce.

More Reaction. Ed Black, head of the Computer and Communications Industry Association (CCIA), praised the speech, but added the additional issues that the CCIA hopes that the Congress will address. He said in a release that "We are hopeful that Congress is also motivated to find creative ways to encourage innovation by giving innovators the tools they need, including: a reformed and balanced patent system ... policies that encourage competition ... education and immigration policies that create more skilled US students, and reliable access to global talent ... forward looking trade agreements that foster the economic potential of the Internet".

Gary Shapiro, head of the Consumer Electronics Association (CEA), stated in a release that "we are disappointed he missed the opportunity to push for strategic immigration reform to keep the world’s best and brightest here in the U.S. to build companies and create jobs, a key policy component necessary to maintain our leadership in innovation. We also would have appreciated the recognition he provided in the 2014 State of the Union speech that patent trolls are hurting America's job creators."

Rep. Goodlatte also addressed President Obama's failure to mention patent reform. He said that "I am disappointed the President failed to mention the importance of passing legislation to stop abusive patent litigation. Last Congress, the House overwhelmingly passed the Innovation Act, a bipartisan bill that takes meaningful steps to address the abusive practices that have damaged our patent system and resulted in significant economic harm to our nation."

See also, reaction from Rep. Fred Upton (R-MI), Chairman of the House Commerce Committee (HCC), reaction from Rep. Frank Pallone (D-NJ), ranking Democrat on the HCC, reaction from Sen. Charles Grassley (R-IA), Chairman of the Senate Judiciary Committee (SJC), reaction from Sen. Patrick Leahy (D-VT), ranking Democrat on the SJC, and reaction from Sen. Ron Wyden (D-OR), ranking Democrat on the SFC.

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In This Issue
This issue contains the following items:
 • President Delivers State of the Union Address
Washington Tech Calendar
New items are highlighted in red.
Monday, January 19

Birthday of Martin Luther King. This is a federal holiday. See, Office of Personnel Management's (OPM) 2015 calendar of federal holidays.

The House will not meet.

The Senate will not meet.

Tuesday, January 20

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. See, Rep. McCarthy's schedule.

1/20 12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a panel discussion titled "Are Consumer Class Actions an Effective Way of Policing Advertising?". The speakers will include John Graubert (Covington & Burling), David Vladeck (Georgetown University law school), and others. Graubert is a former Principal Deputy General Counsel of the FTC. Vladeck is a former head of the FTC's Consumer Protection Bureau. The price to attend ranges from free to $25. Open to the public. No CLE credits. No live webcast. Audio archive. See, notice. Location: Covington, 850 10th St., NW.

12:00 NOON - 2:00  PM. The DC Bar Association will host a panel discussion titled "Cybersecurity in a Dangerous World: Key Issues and Strategies for Attorneys". The speakers will be Joel Brenner (MIT), Adam Firestone (Kaspersky Government Security Solutions), Ron Lee (Arnold & Porter), Geoffrey Goodale (Trade Law Advisors), and Frederick Mulhauser (ACLU). The price to attend ranges from $5 to $20. No CLE credits. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. See, notice. Location: Arnold & Porter, 555 12th St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Professional Responsibility Committee will host a teleconferenced meeting to discuss events for 2015. The call in number is 1-877-294-6801. For more information, contact Stephen Lovelady or Gina Harrison. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Cybersecurity and Understanding the Practice Setting: In-House Counsel". The speakers will be Anjli Garg and Demetrios Eleftheriou. Prices vary. CLE credits. See, notice.

2:30 AM. The Senate Commerce Committee (SJC) will hold an executive session to adopt the committee's rules and budget, and subcommittee assignments, for the 115th Congress. Location: Room 253, Russell Building.

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

9:00 PM. President Obama will give a speech titled "State of the Union Address". Webcast. Location: House of Representatives.

Wednesday, January 21

The House will meet at 10:00 AM for morning hour, and at 12:00 PM for legislative business. The House will consider HR 161 [LOC | WW], the "Natural Gas Pipeline Permitting Reform Act". See, Rep. McCarthy's schedule.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Protecting the Internet and Consumers Through Congressional Action". The witnesses will be Meredith Baker (CTIA Wireless Association), Chad Dickerson (CEO of Etsy), Jessica Gonzalez (National Hispanic Media Coalition), Paul Misener (Amazon), Michael Powell (National Cable & Telecommunications Association), and Nicol Lee (Minority Media & Telecom Council). See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The House Foreign Affairs Committee (HFAC) will hold its organizational meeting for the 114th Congress. See, notice. Location: Room 2172, Rayburn Building.

10:00 AM. The House Homeland Security Committee (HHSC) will hold its organizational meeting for the 114th Congress. See, notice. Location: Room 311, Cannon Building.

10:15 AM. The House Ways and Means Committee (HWMC) will hold its organizational meeting for the 114th Congress. See, notice. Location: Room 1100 Longworth Building.

10:30 AM. The House Judiciary Committee (HJC) will meet. It will adopt committee rules and subcommittee assignments for the 114th Congress. It will also consider several bills, including HR 350 [LOC | WW], the "Human Trafficking Prevention, Intervention, and Recovery Act of 2015", HR 159 [LOC | WW], the "Stop Exploitation Through Trafficking Act of 2015", HR 181 [LOC | WW], the "Justice for Victims of Trafficking Act of 2015", and HR 285 [LOC | WW], the "Stop Advertising Victims of Exploitation Act of 2015". See, notice. Location: Room 2141, Rayburn Building.

12:00 NOON - 12:45 PM. The American Enterprise Institute (AEI) will host an event titled "The Federal Communications Commission in 2015: A conversation with Commissioner Mike O'Rielly". The speakers will be FCC Commissioner O'Reilly and Jeffrey Eisenach. Free. Open to the public. No CLE credits. Lunch will be served. Live and archived webcast. See, notice. Location: AEI, 12th Floor, 1150 17th St., NW.

1:30 PM. The House Science Committee (HSC) will hold its organizational meeting for the 114th Congress. See, notice. Location: Room 2318, Rayburn Building.

1:30 PM. The House Science Committee (HSC) will hold a hearing titled "Unmanned Aircraft Systems Research and Development". See, notice. Location: Room 2318, Rayburn Building.

2:00 PM. The House Financial Services Committee (HFSC) will meet to adopt its document titled "Committee Oversight Plan" for the 114th Congress. Webcast. See, notice and staff memorandum. Location: Room HVC-210, Capitol Building.

2:30 AM. The Senate Commerce Committee (SJC) will hold a hearing titled "Protecting the Internet and Consumers Through Congressional Action". The witnesses will be Meredith Baker (CTIA Wireless Association), Gene Kimmelman (Public Knowledge), Robert McDowell (Hudson Institute), Paul Misener (Amazon), Tom Simmons (Midcontinent Communications), and Nicol Lee (Minority Media & Telecom Council). Webcast. Location: Room 253, Russell Building.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on six pending nominees. The first panel will be Michelle Lee (nominated to be head of the USPTO) and Daniel Marti (to be the EOP's Intellectual Property Enforcement Coordinator). The second panel will be Alfred Bennett (nominated to be a Judge of the U.S. District Court (SDTex)), George Hanks (USDC/SDTex), Jose Olvera (USDC/SDTex), and Jill Parrish (USDC/DUtah). Live and archived webcast. Open to the public. See, notice. Location: Room 226, Dirksen Building.

Thursday, January 22

The House will meet at 9:00 AM for legislative business. The House will consider HR 36 [LOC | WW], a bill pertaining to abortion. See, Rep. McCarthy's schedule.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting to adopt the committee's rules and budget, and subcommittee assignments, for the 115th Congress. It will also consider the nomination of Jeanne Davidson to be a Judge of the U.S. Court of International Trade. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee will hold its organizational meeting for the 114th Congress. See, notice. Location: Room 342, Dirksen Building.

12:00 NOON. The Cato Institute will host a discussion of the book titled "The Logic of the Market: An Insider’s View of Chinese Economic Reform". The speakers will be Weiying Zhang (author), David Dollar (Brookings Institution), Xia Yeliang (Cato), and James Dorn (Cato). Live webcast. Free. Open to the public. See, notice. Location: Cato, 1000 Massachusetts Ave., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Beyond the FCC: How Other Agencies are Grappling with Communications and Related Issues". The speakers will include Neil Chilson (Federal Trade Commission), Ben Golant (U.S. Patent and Trademark Office), and Jonathan Havens (Morgan Lewis & Bockius). No webcast. No CLE credits. Bring your own lunch. Free. See, notice. Location: Morgan Lewis & Bockius, 1111 Pennsylvania Ave., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Megabytes and Market Power: Advising the Multinational Tech Company on Antitrust Issues". The speakers will be Jacqueline Grise, Sven Voelcker, and Mark Opashinov. Prices vary. CLE credits. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a panel discussion titled "2014 U.S. Export Controls Year in Review". The price to attend ranges from $15 to $25. No CLE credits. See, notice. Location: Baker & McKenzie offices at 815 Connecticut Ave., NW in Washington DC, and 300 E. Randolph Street, Suite 5000, Chicago, Illinois.

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

TIME? The Senate Finance Committee (SFC) will hold its organizational meeting for the 114th Congress. See, notice. Location: Room 215, Dirksen Building.

Friday, January 23

Supreme Court conference day. See, 2014-2015 calendar. Closed to the public.

The House will not meet.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a webcast panel discussion titled "Recent Antitrust Developments: November and December 2014". The speakers will be Valentina Rucker (Wilson Sonsini), Jeff Jaeckel, Jeny Maier, Klinton Miyao, and Robert Nichols (all of Morrison Foerster. Prices vary. CLE credits. See, notice. Location: Morrison Foerster, Suite 6000, 2000 Pennsylvania Ave., NW.

Monday, January 26

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host a program titled "Connected Cars and other Web-Connected Devices: How Will Your Data Be Protected?". The first panel will address connected cars. The speakers will be Douglas Bonner (Drinker Biddle), Mark Dowd (Association of Global Automakers), Cora Han (FTC Division of Privacy and Identity Protection), Harry Lightsey (GM), and Jules Polonetsky (Future of Privacy Forum). The second panel will address other connected smart devices. The speakers will be David Valdez (FCC), Meg Ambrose (Georgetown University), Laura Moy (New America Foundation), and Alex Reynolds (Consumer Electronics Association). CLE credits. No webcast. The price ranges from $50 to $205. See, notice. Location: Drinker Biddle, 1500 K St., NW.