11/18. Rep. Pete Hoekstra (R-MI) introduced HR 6429 [LOC | WW], an untitled bill that states that its purpose is "To extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004 until February 29, 2012."

Rep. Hoekstra's (at right) bill provides one year extensions to the sunset dates for federal authority under the Foreign Intelligence Surveillance Act (FISA) to surveil lone wolves, obtain roving wiretap orders, and gain broad access to library, phone, ISP and other business records.

The key language of this bill is almost identical to the key language of HR 3961 [LOC | WW], enacted in February of this year. That bill extended sunset dates from February 28, 2010, to February 28, 2011. The just introduced bill would further extend the same sunset dates from February 28, 2011, to February 29, 2012.

These sunsets pertain to federal powers regarding lone wolves (see, 50 U.S.C. § 1801(b)'s definition of the term "agent of a foreign power"), business records (50 U.S.C. § 1861), and roving wiretaps (50 U.S.C. § 1805). For a detailed summary of the affected surveillance provisions, and the history of extension of their sunset dates, see story titled "House and Senate Extend Expiring Surveillance Provisions" in TLJ Daily E-Mail Alert No. 2,054, March 3, 2010.

This bill was referred to the House Judiciary Committee (HJC) and the House Intelligence Committee (HIC). Rep Hoekstra is the ranking Republican on the HIC. He has been either Chairman, or ranking Republican, for three terms.

11/15. The Department of Commerce's (DOC) National Telecommunications and Information Adminitration (NTIA) released a notice [PDF] on November 15, 2010, which it published in the Federal Register on November 18, that extends the deadline to submit comments to the NTIA's Internet Policy Task Force (IPTF) regarding government policies that restrict global information flows on the internet.

See, original notice in the Federal Register, September 29, 2010, Vol. 75, No. 188, at Pages 60068-60073, and story titled "NTIA Seeks Comments on Governments' Restrictions of Free Flow of Information on the Internet" in TLJ Daily E-Mail Alert No. 2,137, October 1, 2010. See also, extension notice in the Federal Register, November 18, 2010, Vol. 75, No. 222, at Page 70714.

Comments are due by 5:00 PM on December 6, 2010.

The DOC announced the formation of its IPTF on April 21, 2010. See, DOC release.

11/15. Google released a paper [25 pages in PDF] titled "Enabling Trade in the Era of Information Technologies: Breaking Down Barriers to the Free Flow of Information".

It states that "The transformative economic benefits of the Internet are under threat, as increasing numbers of governments move to impose onerous limits on information flow. The international community must take action to ensure the free flow of information online."

It continues that "governments around the world are restricting, censoring, and disrupting the free flow of online information in record numbers ... more governments are incorporating surveillance tools into their Internet infrastructure; blocking online services in their entirety; imposing new, secretive regulations; and requiring onerous licensing regimes that often discriminate against foreign companies".

It outlines four strategies used by governments: "Technical blocking of access to an entire Internet service (e.g., a search engine, an online store, a platform for hosted content) or specific keywords, web pages, and domains", "Licensing requirements or other means to force companies to remove search results", "Take-down requirements demanding the removal of certain websites", and "Encouragement of self-censorship through means including surveillance and monitoring, threats of legal action". (Parentheses in original.)

It also states that there is government bias against foreign competitors to domestic service providers. For example, "In October 2007, Chinese officials -- angry over the U.S. Congress award of its Gold Medal to the Dalai Lama and the opening of a YouTube domain in Taiwan -- manipulated the so-called Great Firewall so that users who typed in web addresses for the three major U.S.-based Internet search engines (run by Google, Microsoft, and Yahoo!) were taken not to their site of choice but rather to the Chinese-owned search engine, Baidu." (Parentheses in original.)

As a consequence, "When a foreign government blocks or technically interferes with a website, it has either barred or undercut that business' access to the market. The Internet business cannot reliably offer its services, attract users to its site, or serve advertisements to Internet users in that country."

All this, the paper states, can violate the governments' obligation under the World Trade Organization (WTO) General Agreement on Trade in Services (GATS).

It urges policymakers to do three things. First, "Focus on and publicly highlight as unfair trade barriers those practices by governments that restrict or disrupt the flow of online information services." Second, "Take appropriate action where government restrictions on the free flow of online information violate international trade rules." Third, "Establish new international trade rules under bilateral, regional, and multilateral agreements that provide further assurances in favor of the free flow of information on the Internet."

It elaborates that "governments must close gaps in the existing WTO framework in order to ensure that all GATS disciplines apply to all Internet trade. Second, governments must negotiate new rules that reflect today’s information economy and include them in bilateral and multilateral trade agreements."

11/18. The Senate Finance Committee's (SFC) Subcommittee on International Trade, Customs and Global Competitiveness held a hearing titled "International Trade in the Digital Economy".

Sen. Ron Wyden (D-OR) wrote in his opening statement that "There is rampant global protectionism being deployed against America’s digital exports".

"Keeping the Internet open -- at home and overseas -- is of paramount importance to the American economy because it is increasingly the primary way that the global population will communicate, create, and conduct commerce."

He continued that "The ability of American IT companies to penetrate foreign markets directly affects American companies’ ability to increase exports of goods and services, digital or otherwise. So when an Internet website is blocked or filtered, or data flow is impeded, it has a direct impact on the American economy and its ability to produce the new, good paying jobs that we need."

He also said the the SFC "stands ready to improve enforcement of current trade agreements", such as the World Trade Organization (WTO) General Agreement on Trade in Services (GATS).

He said that he spoke recently with USTR Ron Kirk, "and I believe that we can work with the technology community and our U.S. Trade Representative to obtain a Trans-Pacific Partnership Agreement that ensures that trade in digital products can move freely throughout the Pacific, and that includes securing binding international commitments that ensure network neutrality."

He added that "for America to be successful at shaping international rules -- in a transparent way -- to make certain that the trade routes for digital trade are open, we must give great thought to our own laws."

The Subcommittee heard testimony from private sector witnesses. No one from the Office of the U.S. Trade Representative or other federal agencies participated. See, prepared testimony [PDF] of Ed Black (Computer and Communications Industry Association), prepared testimony [PDF] of Daniel Burton (Salesforce.com), prepared testimony [PDF] of Catherine Mann (Brandeis University), prepared testimony [PDF] of Mike Sax (Association for Competitive Technology), and prepared testimony [PDF] of Greg Slater (Intel).

The CCIA's Black wrote that the "USTR should investigate allegations of information discrimination and Internet censorship, and where appropriate, initiate a trade case". He also stated that "digital goods and services should be central to our trade policy", and that "we must recognize that Internet freedom starts at home, and discourage censorship, surveillance, and content blocking or de-prioritizing whenever possible".

Burton, of Salesforce.com, a cloud computing company, wrote that policy makers should "facilitate the transmission of secure cross-border data flows".

He elaborated that "U.S. trade officials should reach out to other governments to understand their reservations about cloud computing and enter into discussions to address them. These discussions can take place in the context of bilateral policy discussions that are already underway, such as the US-Japan bilateral dialogue on cloud computing; regional data privacy deliberations, such as those at the Asia-Pacific Economic Cooperation (APEC) forum; or at multilateral institutions, such as the Organization for Economic Cooperation and Development (OECD). The purpose of these discussions is not to deny legitimate government access to privately-held data, but to make sure that it is exercised in a predictable, transparent way that recognizes due process."

The ACT's Sax urged policy makers to protect intellectual property rights, address the "multiplicity of laws affecting privacy, data storage, and payment methods", and eliminate "outright import barriers through standards mandates, domestic support programs, and difficult to manage joint venture requirements".

Intel's Slater listed three issues that should be addressed by policy makers: "(1) the need to modernize relevant trade rules to effectively address emerging non-tariff barriers to e-commerce; (2) greater governmental support for international standards and best practices that encourage e-commerce and resolve concerns not effectively addressed by trade agreements; and (3) the reduction or elimination of tariffs on digital products."

11/19. Kyle McSlarrow, P/CEO of the National Cable & Telecommunications Association (NCTA), announced that he will leave the NCTA during the Spring of 2011. See, NCTA release.

McSlarrow (at right) has been head of the NCTA since March 1, 2005. He stated in this release that he now wants to work in the industry "more fully on business and operating activities".

Patrick Esser, President of Cox Communications and Chairman of the NCTA Board of Directors, praised McSlarrow's work, and added that "The NCTA Board will form a search committee to conduct a national search for a successor."

The House will not meet. It will next meet on Monday, November 29, 2010, at 2:00 PM. See, HConRes 332.

The Senate will meet at 10:30 AM for morning business. There will be not votes.

Day three of a three day event hosted by the Federalist Society titled "2010 National Lawyers Convention". At 10:45 AM – 12:15 PM, there will be a panel titled "Administrative Law: Limits to Government and Regulatory Authority: Comcast v. FCC". The speakers will be Marvin Ammori (University of Nebraska College of Law), Ronald Cass, Thomas Hazlett (George Mason University School of Law), Austin Schlick (FCC General Counsel), and Diarmuid O'Scannlain (Judge of the U.S. Court of Appeals (9thCir)). Also at 10:45 AM – 12:15 PM, there will be a panel titled "Telecommunications: Rewriting the Telecomm Act: Has the Time Come?". The speakers will be Robert McDowell (FCC Commissioner), Thomas Tauke (Verizon), Shawn Chang (Majority Counsel, House Commerce Commerce), Parul Desai (Consumers Union), Raymond Gifford (Wilkinson Barker Knauer), Howard Waltzman (Mayer Brown), David Sentelle (Judge of the U.S. Court of Appeals DCCir)), and Maureen Ohlhausen (Wilkinson Barker Knauer). See, notice and agenda. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

The House will not meet. It will next meet on Monday, November 29, 2010, at 2:00 PM. See, HConRes 332.

9:30 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) and will host an event to discuss a report [107 pages in PDF] titled "The Good, The Bad, and The Ugly (and The Self-Destructive) of Innovation Policy", by Steven Ezell (ITIF) and Robert Atkinson (ITIF). The speakers will be Atkinson, Grant Aldonas (Split Rock International), Marcus Noland (Peterson Institute for International Economics), and Bruce Stokes (National Journal). See, notice. This event is free and open to the public. Location: ITIF/ITIC, 6th floor, 1101 K St., NW.

11:00 AM. The Free Press (FP) will host a news conference by teleconference to release and discuss a report titled "Restoring FCC Authority to Make Broadband Policy: A Way Forward After Comcast v. FCC". The speakers will be Tim Wu (Columbia University law school), Susan Crawford (Yeshiva University law school), Aparna Sridhar (FP), and Josh Silver (FP). The call in number is 888-792-8352; the conference ID is 24410747.

12:00 NOON. Deadline to submit written comments to the Office of the U.S. Trade Representative (OUSTR) regarding Malaysia's participation in ongoing negotiation of a Trans-Pacific Partnership (TPP) trade agreement. The OUSTR seeks comments on, among other things, "electronic commerce issues" and "trade-related intellectual property rights issues that should be addressed in the negotiations". See, notice in the Federal Register, October 20, 2010, Vol. 75, No. 202, at Pages 64778-64779.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (NPRM) [79 pages in PDF] regarding expanding the FCC's disability access technology mandates. The FCC adopted and released this item on August 5, 2010. It is FCC 10-145 in WT Docket No. 07-250. See, notice in the Federal Register: September 8, 2010, Vol. 75, No. 173, at Pages 54546-54560. See also, story titled "FCC Adopts Disability Access Policy Statement, Order, and NPRM" in TLJ Daily E-Mail Alert No. 2,120, August 6, 2010.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking and Notice of Inquiry [102 pages in PDF] regarding the use of microwave for wireless backhaul. The FCC adopted and released this item on August 5, 2010. It is FCC 10-146 in WT Docket Nos. 10-153, 09-106, and 07-121. See, story titled "FCC Adopts Wireless Backhaul NPRM and NOI" in TLJ Daily E-Mail Alert No. 2,120, August 6, 2010, and notice in the Federal Register, August 24, 2010, Vol. 75, No. 163, at Pages 52185-52209.

Deadline to submit comments to the Copyright Office (CO) regarding its proposed rules changes affecting deposit account holders. The CO notice states that it proposes to "set the minimum level of activity required to hold a deposit account at 12 transactions per year; require deposit account holders to maintain a minimum balance in that account; mandate the closure of a deposit account the second time it is overdrawn; and offer deposit account holders the option of automatic replenishment of their account via their bank account or credit card." See, notice in the Federal Register, October 8, 2010, Vol. 75, No. 195, at Pages 62345-62348.

No events listed.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its October 25, 2010, Public Notice (PN) regarding its closed captioning rules. This PN is DA 10-2050 in CG Docket 05-231, ET Docket No. 99-254. See, notice in the Federal Register, November 17, 2010, Vol. 75, No. 221, at Pages 70168-70169.

Thanksgiving Day. This is a federal holiday. See, Office of Personnel Management's (OPM) web page titled "2010 Federal Holidays".

Deadline to submit comments to the Department of Defense (DOD) in response to its notice of proposed rulemaking regarding amending its Defense Federal Acquisition Regulation Supplement (DFARS) regarding patents, data, and copyrights, including for software. See, notice in the Federal Register, September 27, 2010, Vol. 75, No. 186, at Pages 59411-59468.

The House will meet at 2:00 PM. See, HConRes 332.

The Senate will meet at 6:30 PM.

9:00 AM. The House Ethics Committee (House Committee on Standards of Official Conduct) will hold its "adjudicatory hearing" in the matter of Rep. Maxine Waters (D-CA). See, notice [PDF].

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [25 pages in PDF] regarding commercial radio operator licenses for maritime and aviation radio stations who perform certain functions performed within the commercial radio operators service. The FCC adopted this item on August 31, 2010, and released the text on September 8, 2010. It is FCC 10-154 in WT Docket No. 10-177. See, notice in the Federal Register, October 29, 2010, Vol. 75, No. 209, at Pages 66709-66715.

Deadline to submit comments to the Copyright Royalty Judges (CRJ) in response to the CRJ's request for comments on a motion of Phase I claimants for partial distribution in connection with the 2008 cable royalty funds. The CRJ also request comments as to the existence of Phase I and Phase II controversies with respect to the distribution of 2008 cable royalty funds. See, notice in the Federal Register, October 29, 2010, Vol. 75, No. 209, at Pages 66798-66799.

Deadline to submit comments to the Copyright Royalty Judges (CRJ) in response to the CRJ's request for comments on a motion of Phase I claimants for partial distribution in connection with the 2008 satellite royalty funds. The CRJs also request comments as to the existence of Phase I and Phase II controversies with respect to the distribution of 2008 satellite royalty funds. See, notice in the Federal Register, October 29, 2010, Vol. 75, No. 209, at Pages 66799-66800.

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