4/25. Rep. Fred Upton (R-MI), the Chairman of the House Commerce Committee (HCC), and other HCC Republicans, sent letter a letter [PDF] to Steve Jobs, CEO of Apple, regarding the Apple operating system iOS 4's compiling of iPhone and 3G iPad users' location data.

The letter propounds numerous interrogatories. For example, it asks, "What location data do devices running your operating system track, use, store, or share?" and "Why does the device track, use, store, or share that data?"

The letter also asks whether this is, or should be, permissible under 47 U.S.C. § 222. It also asks, "Does it make sense that similar information is afforded different privacy protections depending on what entity does the collecting and what service the data is collected from, especially since the entities collecting such information are increasingly competing against each other in today's information age?"

Rep. Upton also sent a similar letter to Google, a similar letter to Microsoft, a similar letter to Nokia, a similar letter to Research in Motion, and a similar letter to Hewlett Packard (HP). These letters request answers by May 9, 2011.

Republicans, but no Democrats, signed these letters. They did sent copies to Rep. Anna Eshoo (D-CA), the ranking Democrat on the HCC's Subcommittee on Communications and Technology, who represents a Silicon Valley district, and other Democrats.

Rep. Eshoo announced on April 25 that she will host a public meeting in Palo Alto, California, on April 28 "to discuss Internet safety and privacy issues with her constituents". The other speakers will be Larry Magid (co-director of ConnectSafely.org) and Joe Sullivan (Chief Security Officer of Facebook). The event will begin at 7:30 PM PT at the Palo Alto City Council Chambers, 250 Hamilton Ave.

Sen. Al Franken (D-MN) sent a letter to Jobs on April 20, 2011, on the same topic. See, story titled "Sen. Franken Writes Steve Jobs Regarding Location Data Retention by iPhones and 3G iPads" in TLJ Daily E-Mail Alert No. 2,224, April 20, 2011. The Senate Judiciary Committee's (SJC) Subcommittee on Privacy, Technology and the Law is scheduled to hold a hearing titled "Protecting Mobile Privacy: Your Smartphones, Tablets, Cell Phones and Your Privacy" on May 10, 2011.

The HCC has not yet scheduled a hearing related to this matter.

4/13. Rep. Cliff Stearns (R-FL), Rep. Jim Matheson (D-UT), Rep. Brian Bilbray (R-CA), and Rep. Dan Manzullo (R-IL) introduced HR 1528 [LOC | WW], the "Consumer Privacy Protection Act of 2011".

This bill would regulate the collection and use of personally identifiable information or PII (including a name, address, email address, phone number, or credit or debit card number) by any covered entity (an entity that "sells, discloses for consideration, or uses personally identifiable information of more than 5,000 consumers during any consecutive 12-month period").

This bill would require covered entities to notify consumers that their PII may be used for a purpose unrelated to the transaction in which it was collected.

This bill would require covered entities to write and publish privacy policies, set minimum standards for such policies, and require notice to consumers of changes in the policies. It would require every covered entity to "establish a privacy policy with respect to the collection, sale, disclosure for consideration, dissemination, use, and security of the personally identifiable information of consumers".

This bill would require covered entities to "implement an information security policy" for PII.

This bill would require covered entities to provide consumers "the opportunity to preclude any sale or disclosure for consideration of the consumer's personally identifiable information, provided in a particular data collection, that may be used for a purpose other than a transaction with the consumer, to any covered entity that is not an information-sharing affiliate of the covered entity providing such opportunity."

This bill would provide for compliance with its requirements via participation in self-regulatory programs.

This bill would give enforcement authority to the Federal Trade Commission (FTC). It would create no private right of action.

It would also give the FTC rulemaking authority, under Section 18 of the FTC Act, 15 U.S.C. § 57a, but not the Administrative Procedure Act, 5 U.S.C. § 553. Section 18 rulemakings require due process and fairness for affected parties. Hence, the FTC rarely engages in Section 18 rulemakings.

This bill would not give the states any authority to enforce it. It also contains strong preemption language.

This bill was referred to the House Commerce Committee (HCC).

On February 11, 2011, Rep. Jackie Speier (D-CA), Rep. Alcee Hastings (D-FL), and Rep. Bob Filner (D-CA) introduced HR 654 [LOC | WW], the "Do Not Track Me Online Act of 2011". See also, Rep. Speier's release.

On February 10, 2011, Rep. Bobby Rush (D-IL) introduced HR 611 [LOC | WW], the "Building Effective Strategies To Promote Responsibility Accountability Choice Transparency Innovation Consumer Expectations and Safeguards Act" or "BEST PRACTICES Act".

4/12. Sen. John Kerry (D-MA) and Sen. John McCain (R-AZ) introduced S 799 [LOC | WW], the "Commercial Privacy Bill of Rights Act of 2011".

This is a huge bill -- 44 pages in PDF -- that would create a broad regulatory regime for the collection and use of personally identifiable information, both on and off the internet.

It would give rulemaking and enforcement authority to the Federal Trade Commission (FTC). It would also give enforcement authority to the states. It would create no private right of action.

This bill was referred to the Senate Commerce Committee (SCC).

Walter McCormick, head of the USTelecom, stated in a release that "As an industry that already provides its customers with the highest levels of privacy protection, we believe consumers will benefit from legislation that requires all players in the Internet economy to adhere to a common set of rules implemented by a single regulator. While we are still reviewing the bill introduced today by Senators Kerry and McCain, it appears they have taken a big step in that direction, and we appreciate their efforts."

On Wednesday, April 27, 2011, the Center for Democracy and Technology (CDT) will host an event titled "Unpacking the Kerry-McCain Privacy Bill". Leslie Harris, Justin Brookman, and other CDT staff will speak and answer questions.

4/21. The Federal Communications Commission (FCC) released a tentative agenda for its May 12, 2011, event titled "open meeting".

First, the FCC is scheduled to adopt a Notice of Proposed Rulemaking (NPRM) regarding further expansion of its network outage reporting requirements to also cover broadband internet access service (BIAS) providers and voice over internet protocol (VOIP) providers.

The FCC issued a Public Notice (PN) [6 pages in PDF] on this subject on July 2, 2010. That PN is DA 10-1245 in ET Docket No. 04-35, WC Docket No. 05-271, and GN Docket Nos. 09-47, 09-51, and 09-137.

The FCC created its network outage reporting requirements for wireline phone service providers back in 1992. It has since expanded this mandate to encompass voice and paging services provided by regulated wireline, wireless, cable and satellite service providers. However, the Communications Act contains no provision that directs the FCC to impose network outage reporting requirements. And, the Act does not authorize the FCC to regulate BIAS providers. Hence, this NPRM would propose that the FCC regulate beyond its authority.

Also, network outage is an old concept, applicable to the PSTN, PSAPs and ANI/ALI. If the FCC were to expand its mandate, it would have to rewrite its definitions to explain what is a network outage in the context of internet access.

Second, the FCC is scheduled to adopt a NPRM regarding removing "outdated regulations governing the exchange of telephone traffic between U.S. and foreign carriers that are no longer necessary to protect consumers and competition, while strengthening protections against anticompetitive practices by foreign carriers".

Third, the FCC is scheduled to adopt a Report and Order (R&O) and Further NPRM regarding eliminating "unnecessary reporting requirements regarding international telephone service, while streamlining and modernizing remaining international data reporting to ensure continued relevance in light of changing markets.

This event is scheduled for Thursday, May 12, 2011, in the FCC's Commission Meeting Room.

4/21. Sen. John Ensign (R-NV), a member of the Senate Commerce Committee (SCC), announced his resignation. He had previously announced that he would not run for re-election in 2012. He had an affair with another man's wife. See, Sen. Ensign's notice.

4/21. President Obama announced his intent to nominate Susan Athey to be a member of the President’s Committee on the National Medal of Science. See, White House news office release.

4/22. Microsoft, the Department of Justice's (DOJ) Antitrust Division, and state plaintiffs filed a pleading [13 pages in PDF] with this U.S. District Court (DC) titled "Joint Status Report on Microsoft’s Compliance with the Final Judgments". The next status conference is scheduled for April 27, 2011. These consolidated cases are USA v. Microsoft, D.C. No. 98-1232 CKK, and New York, et al. v. Microsoft, D.C. No. 98-1233, U.S. District Court for the District of Columbia.

4/22. The Copyright Office (CO) published a notice in the Federal Register that contains an "initial list of television stations listed in filed affidavits in which the owner or licensee of the television station attests that the station qualifies as a specialty station in accordance with the Federal Communications Commission's (FCC) definition. This CO notice also requests "objections to an owner's claim of specialty station status". The deadline to file such objections is May 23, 2011. The CO notice further states that the CO will use the final list "to verify the specialty station status of those television stations identified as such by cable systems on their semi-annual statements of account". See, Federal Register, April 22, 2011, Vol. 76, No. 78, at Pages 22733-22734.

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The House will be in recess the week of Monday, April 18 through Friday, April 22, and the week of Monday, April 25 through Friday, April 29. The House will return at 2:00 PM on Monday, May 2.

The Senate will be in recess the week of Monday, April 18 through Friday, April 22, and the week of Monday, April 25 through Friday, April 29. The Senate will return at 2:00 PM on Monday, May 2.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the joint petition filed by Cellular South Licenses, Inc. and United States Cellular Corporation requesting that the FCC reconsider its decision amending a rule established by the Interim Cap Order to reclaim high-cost universal service support surrendered by a competitive eligible telecommunications carrier (ETC) when it relinquishes ETC status in a particular state. See, DA 11-507 in WC Docket No. 05-337 and CC Docket No. 96-45, and notice in the Federal Register, March 30, 2011, Vol. 76, No. 61, at Pages 17652-17653.

8:30 AM - 5:30 PM. The National Aeronautics and Space Administration's (NASA) NASA Advisory Council's Information Technology Infrastructure Committee will meet. The agenda includes "Computing Environment -- Diverse Needs and Solutions", "Network Environment and Mission Network Support", and "IT Security Risk Management". See, notice in the Federal Register, April 5, 2011, Vol. 76, No. 65, at Pages 18800-18801. Location: NASA Goddard Space Flight Center, 8800 Greenbelt Road, Building 12, Room C100D, Greenbelt, MD.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The Case for a National Manufacturing Strategy for the United States". The speakers will be Robert Atkinson (ITIF), Stephen Ezell (ITIF) and Mark Rice (Maritime Applied Physics Corporation). See, notice and registration page. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

9:00 AM - 4:30 PM. The National Institute of Standards and Technology (NIST) Voluntary Laboratory Accreditation Program (NVLAP) will host a one day workshop regarding the NIST Information Technology Laboratory, the Department of Health and Human Services (DHHS), NVLAP accreditation of laboratories to perform testing of health information technology, and electronic health record technology. The deadline to register to attend is April 20. See, notice in the Federal Register, March 22, 2011, Vol. 76, No. 55, at Pages 15945-15946. Location: Gaithersburg Marriott Washingtonian Center, 9751 Washingtonian Boulevard, Gaithersburg, MD.

9:00 AM - 12:00 NOON. The Missouri School of Journalism will host an event titled "The Future of Public Broadcasting: Innovating to Connect Communities". See, notice. Location: National Press Club, 13th Floor, 529 14th St. NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host an event titled "Private Lawyers as Counsel to Governments in WTO Disputes". The speakers will be Benjamin Caryl (U.S. International Trade Commission), Aluisio De Lima-Campos (Brazilian Embassy), and Gary Horlick. See, notice. The price to attend ranges from $20 to $35. For more information, call 202-626-3463. Location: McKenna Long & Aldridge, 1900 K St., NW.

9:30 AM. The Federal Communications Commission (FCC) will host a second workshop its intercarrier compensation system and universal service fund. The first was on April 6, 2011. See, FCC notice of second workshop, and NPRM [289 pages in PDF] adopted on February 8, 2011, and released on February 9, 2011. It is FCC 11-13 in WC Docket No. 10-90, GN Docket No. 09-51, WC Docket No. 07-135, WC Docket No. 05-337, CC Docket No. 01-92, CC Docket No. 96-45, and WC Docket No. 03-109. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:30 - 2:00 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Viacom v. YouTube: Does Third Party Contributory Copyright Infringement Really Exist for Internet Service Providers (ISPs)?". The speakers will be Carole Handler (Lathrop & Gage), William Henslee (Florida A&M University College of Law), and Cliff Sloan (Skadden Arps). Prices vary. CLE credits. See, notice and registration page.

TIME? The National Coordination Office for Networking and Information Technology Research and Development (NCO/NITRD) will host a workshop on cyber security research titled "Trust Anchors are Invulnerable". This is part of its series titled "Assumption Buster Workshops". See, NITRD issue summary, and notice in the Federal Register, February 25, 2011, Vol. 76, No. 38, at Page 10627-10628. Location: __, Savage, MD.

The Federal Communications Commission's (FCC) Auction 91, regarding certain FM Broadcast Construction Permits, is scheduled to commence. See, March 10, 2011, Public Notice, and notice in the Federal Register, January 21, 2011, Vol. 76, No. 14, at Pages 3892-3906. See also, September 21, 2010, FCC Public Notice (DA 10-1711 in AU Docket No. 10-183) and notice in the Federal Register, October 6, 2010, Vol. 75, No. 193, at Pages 61752-61756.

8:30 AM - 5:30 PM. The Federal Trade Commission (FTC) will host an event titled "Public Workshop: Debt Collection 2.0: Protecting Consumers as Technologies Change". See, notice in the Federal Register, March 15, 2011, Vol. 76, No. 50, at Pages 14010-14014, and story titled "FTC Workshop to Address Use of Facebook and Other New Technologies for Debt Collection" in TLJ Daily E-Mail Alert No. 2,204, March 15, 2011.

8:30 AM - 4:00 PM. Day one of a two day meeting of the National Aeronautics and Space Administration's (NASA) NASA Advisory Council's Technology and Innovation Committee. See, notice in the Federal Register, April 8, 2011, Vol. 76, No. 68, at Page 19793. Location: NASA Headquarters, Room MIC-6A (6H45), 300 E St.,  SW.

9:00 - 10:00 AM. The Washington International Trade Association (WITA) will host an event titled "Breakfast with USTR Ron Kirk". See, notice. Location: Horizon Ballroom, Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

Supreme Court conference day (discussion of argued cases, and decision on cert petitions). Closed.

8:30 AM - 12:30 PM. Day two of a two day meeting of the National Aeronautics and Space Administration's (NASA) NASA Advisory Council's Technology and Innovation Committee. See, notice in the Federal Register, April 8, 2011, Vol. 76, No. 68, at Page 19793. Location: NASA Headquarters, Room MIC-6A (6H45), 300 E St.,  SW.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "The Nuts and Bolts of Trademark Law". Prices vary. CLE credits. See, notice and registration page.

Deadline to submit applications to the Department of Commerce (DOC) for membership on the U.S.-Brazil CEO Forum. See, DOC notice.

Target date for the Office of the U.S. Trade Representative (OUSTR) to release its 2011 Special 301 report, regarding countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on IP protection. See, notice in the Federal Register, December 30, 2010, Vol. 75, No. 250, at Pages 82424-82426. See also, story titled "OUSTR Seeks Input for Special 301 Report" in TLJ Daily E-Mail Alert No. 2,191, January 3, 2011.

The House will return from its April recess at 2:00 PM.

The Senate will return from its April recess at 2:00 PM.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "China is not Simply the Latest Paper Tiger". The speakers will be Robert Atkinson (ITIF), Adam Segal (Council on Foreign Relations) and Bruce Stokes (German Marshall Fund). See, notice and registration page. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

The U.S. Court of Appeals (FedCir) will consider on the briefs Odom v. Microsoft Corporation, App. Ct. No. 2011-1160. Location: Courtroom 201, 717 Madison Place, NW.

Deadline for the U.S. International Trade Commission (USITC) to release its second report on intellectual property rights (IPR) infringement in the People's Republic of China (PRC). This second report will describe the size and scope of reported IPR violations and provide quantitative analysis of the effect of IPR infringement and indigenous innovation policies in the PRC on the U.S. economy and jobs. See, first report [196 pages in PDF] titled "China: Intellectual Property Infringement, Indigenous Innovation Policies, and Frameworks for Measuring the Effects on the U.S. Economy", released on December 13, 2010. See also, story titled "USITC Releases First Report on IPR Infringement in the PRC" in TLJ Daily E-Mail Alert No. 2,178, December 14, 2010.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its online employment application process for patent examiners. See, notice in the Federal Register, March 1, 2011, Vol. 76, No. 40, at Pages 11206-11208.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding substantive submissions made during prosecution of a trademark application. See, notice in the Federal Register, March 1, 2011, Vol. 76, No. 40, at Pages 11208-11210.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding the payment of filing fees by winning bidders in auctions of construction permits in the broadcast services. The FCC adopted this NPRM on February 28, 2011, and released the text on March 3, 2011. It is FCC 11-21 in GEN Docket No. 86-285. See, notice in the Federal Register, April 1, 2011, Vol. 76, No. 63, at Pages 18137-18138.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding its Agreement Containing Consent Order [9 pages in PDF] with Google regarding Google Buzz. See, notice in the Federal Register, April 5, 2011, Vol. 76, No. 65, at Pages 18762-18765. See also, stories titled "FTC Issues and Settles Complaint Against Google" in TLJ Daily E-Mail Alert No. 2,213, March 31, 2011, and "EPIC Launches Campaign Regarding FTC Settlement with Google on Buzz" in TLJ Daily E-Mail Alert No. 2,218, April 6, 2011.