8/3. New York Governor Andrew Cuomo signed into law A7811B-2011, a bill that amends the New York penal law pertaining to unauthorized recordings.

Article 275 of the New York penal law pertains to "Offenses Related to Unauthorized Recording". Section 275.00 provides definitions. As amended by A7811, the definition of "recording" is as follows, with new language shown in red:

"Recording" means an original phonograph record, disc, tape, audio or video cassette, wire, film, hard drive, flash drive, memory card or other data storage device or any other medium on which such sounds, images, or both sounds and images are or can be recorded or otherwise stored, or a copy or reproduction that duplicates in whole or in part the original.

Article 275 criminalizes the manufacture, sale or advertisement of unauthorized recordings. It also criminalizes the unauthorized operation of a recording device in a motion picture or live theater.

Section 60.27 of the New York penal law pertains to "restitution or reparation to the victim of the crime".

A7811 amends this section by adding the following sentence:

A victim shall also mean any owner or lawful producer of a master recording, or a trade association that represents such owner or lawful producer, that has suffered injury as a result of an offense as defined in Article Two Hundred Seventy-Five of this Chapter.

8/1. Rep. Mike Honda (D-CA) introduced HR 2749 [LOC | WW], the "Nanotechnology Advancement and New Opportunities Act", or "NANO Act". This bill is a long wish list of new grant funding for numerous federal agencies, and new tax credits. The total annual spending would be $170 Million per year beginning in FY 2012. He introduced a very similar bill in 2009.

This bill would add a new Section 54I to the Internal Revenue Code (IRC) that creates a tax credit for "the purchase of qualified nanotechnology developer stock". Such stock would be "common stock in a C corporation or any membership unit in a State-registered limited liability company if ... such corporation or company is a qualified nanotechnology developer ..."

This bill would also add a new Section 30E to the IRC that creates a tax credit for "nanotechnology education and training".

This bill would also establish a grant program at the Department of Commerce (DOC) to "support the establishment and development of incubators". Such "incubators" would be entities "affiliated with or housed in a degree-granting institution that provides space and coordinated and specialized services to entrepreneurial businesses that work in the field of nanotechnology commercialization ..." The bill would authorize $25 Million per year for three years.

This bill would also authorize the appropriation of more money ($10 Million per year indefinitely) for the National Science Foundation (NSF) for the "development of computer aided design tools for nanotechnology applications".

It would also authorize the appropriation of more money ($15 Million per year for four years) for the NSF for "development of curriculum materials for interdisciplinary nanotechnology courses at institutions of higher education".

This bill would also authorize the appropriation of more money for the Department of Energy (DOE), Department of Health and Human Services (DHHS), Environmental Protection Agency (EPA), and Department of Homeland Security (DHS) to be spent on nanotechnology related projects. The bill would authorize $30 Million per year per agency indefinitely.

The bill was referred to the House Science Committee (HSC), House Commerce Committee (HCC), House Ways and Means Committee (HWMC), and House Homeland Security Committee (HHSC). There are no original cosponsors.

This is a revision and reintroduction of HR 820 [LOC | WW], a bill with the same title that Rep. Honda introduced in the 111th Congress.

Rep. Honda stated in a release that "The NANO Act is a comprehensive bill to promote the development and responsible stewardship of nanotechnology in the United States. The legislation draws upon the work of the Blue Ribbon Task Force on Nanotechnology that I convened. The Blue Ribbon Task Force included nanotechnology experts with backgrounds in established industry, startup companies, consulting groups, non-profits, academia, government, medical research, and venture capital from around my home state of California, which is a leader in the field of nanotechnology."

8/4. Rep. Steve Chabot (R-OH) sent a letter to the Department of Justice (DOJ) and the Federal Communications Commission (FCC) regarding AT&T's proposed acquisition of T-Mobile USA.

He wrote that "When assessing the effects this merger will have on wireless services and consumers, I urge you to carefully consider the capabilities for the regional and rural wireless carriers to continue providing consumers with competitive alternatives to the national providers' service offerings."

Rep. Chabot (at right) continued that "it is especially important to examine the impact of this proposed merger on regional and rural wireless service providers' opportunities to secure the vital inputs including spectrum, roaming and handsets, necessary for their operation."

But, he added, "I do not take a position on the merger".

Rep. Chabot represents a House district in the southwestern corner of Ohio. His district includes much of Cincinnati, and the territory served by Cincinnati Bell, a regional provider of voice, wireless and broadband services.

It states in its web site that "Cincinnati Bell Telephone Company LLC provides traditional, ILEC, local telecommunications products and services in the Cincinnati, Ohio metropolitan area, including portions of Ohio, Kentucky and Indiana and covering more than 2,400 square miles. Cincinnati Bell Extended Territories LLC provides CLEC services in parts of Ohio ... . Cincinnati Bell Any Distance Inc. provides long distance services in 48 states and is certified to provide CLEC services in Ohio, Kentucky, Indiana and Illinois."

Cincinnati Bell Wireless filed a petition to deny merger approval with the FCC on May 31, 2011. It wrote that "The merger of AT&T and T-Mobile will turn back the clock back thirty years, to a time of minimal competition, limited choices for consumers, higher retail prices, and slow innovation. With the elimination of T-Mobile as a viable national wireless carrier, this country will see the re-establishment of a wireless duopoly in AT&T and Verizon, which will hold great market power and will have no competitors able to provide competitive checks on their pricing or drive them to innovate and improve."

It also asserted that "The multiple acquisitions of smaller and regional carriers by national carriers in recent years has set us on this path and allowed the national wireless carriers to dominate the market through the use of (1) anti-competitive roaming agreements, (2) exclusive handset arrangements and (3) massive spectrum holdings. If granted, the merger of AT&T and T-Mobile, the second and fourth largest national carriers, will decimate competition, innovation, and efficiency, and the market will revert to the bygone days of high prices and reduced consumer choices."

Rep. Chabot is also a member of the House Judiciary Committee (HJC) and its Subcommittee on Intellectual Property, Competition, and the Internet. The HJC oversees the DOJ, and its antitrust activities, but not the FCC.

The FCC's proceeding for this merger review is WT Docket No. 11-65.

8/5. David Kappos (at right), head of the U.S. Patent and Trademark Office (USPTO) announced that the USPTO's Patents Ombudsman Pilot Program will be made permanent. Kappos wrote in a short piece that stakeholders "use it for a wide-range of reasons, from status inquiries to complicated petitions issues. Sometimes, applicants use the pilot program when they just don’t know who to contact. All good, and all exactly why the Ombudsman program was created -- to provide a channel for resolving issues that may not fit into existing channels."

8/5. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) published a notice in the Federal Register that announces, describes and sets the comment deadline for, a Notice of Inquiry regarding its Export Control Reform Initiative. See, Federal Register, Vol. 76, No. 151, Friday, August 5, 2011, at Pages 47527-47529. The deadline to submit comments is February 1, 2012.

8/5. Rep. Karen Bass (D-CA), Rep. Carolyn Maloney (D-NY), Rep. Steve Chabot (R-OH), Rep. Frank Wolf (R-VA), and Rep. Jim Moran (D-VA) introduced HR 2801 [LOC | WW], a bill to establish a task force to study and make recommendations regarding internet facilitated human trafficking.

8/5. The Electronic Privacy Information Center (EPIC) and other groups filed a comment [19 page in PDF] with the Department of Homeland Security (DHS) regarding its proposal to introduce a new system of records containing names, dates of birth, places of birth, biometrics and photographic data, passport information, driver's license information, and other available identifying particulars, and to exempt this system of records from various Privacy Act requirements. The EPIC argues that the "DHS should suspend the proposal pending a full review of the privacy, security, and legal implications of the program, including compliance with the federal Privacy Act." Also, if the DHS proceeds with this watch list system (WLS) program, it must, among other things, "adhere to Congress's intent to maintain transparent and secure government recordkeeping systems", "provide individuals judicially enforceable rights of notice, access, and correction", and "respect individuals’ rights to control their information in possession of federal agencies".

The House will not meet. It is in recess until 2:00 PM on September 7. However, it will hold pro forma sessions twice per week until then.

The Senate will not meet. It is in recess until 2:00 PM on September 6. However, it will hold pro forma sessions twice per week until then.

EXTENDED TO AUGUST 15. Deadline to submit comments to the Federal Trade Commission (FTC) in response to its notice in the Federal Register regarding the proposed self-regulatory guidelines submitted to the FTC by Aristotle International, Inc. under the safe harbor provision of the Children's Online Privacy Protection Act (COPPA) Rule. See, Federal Register, Vol. 76, No. 123, Monday, June 27, 2011, at Pages 37290-37291. See, notice of extension.

The House will meet in pro forma session at 10:00 AM.

The Senate will meet in pro forma session at 11:00 AM.

10:30 AM. The Federal Communications Commission (FCC) will hold an event titled "open meeting". See, tentative agenda, and story titled "FCC Releases Tentative Agenda for August 9 Meeting" in TLJ Daily e-Mail Alert No. 2,264, July 20, 2011. Location: FCC, Commission Meeting Room, 445 12th St., SW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [17 pages in PDF] regarding Terrestrial Trunked Radio, or TETRA, technology. The FCC adopted this item on April 18, 2011, and released the text on April 26, 2011. It is FCC 11-63 in WT Docket No. 11-69 and ET Docket No. 09-234. See, notice in the Federal Register, Vol. 76, No. 91, Wednesday, May 11, 2011, at Pages 27296-27300.

Deadline set by Rep. Ed Markey (D-MA) and Rep. Joe Barton (R-TX) for Groupon to respond the interrogatories propounded in their July 26 letter regarding the July 11 article in the Washington Post titled "Groupon changes privacy policy to collect, share more information". See also, Rep. Markey's release.

10:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Technical Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, Vol. 76, No. 146, Friday, July 29, 2011, at Page 45508. Location: DOC, Hoover Building, Room 3884, 14th Street between Constitution & Pennsylvania Avenues, NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [15 pages in PDF] regarding whether to make the grandfathered providers permanently eligible for universal service subsidies under the FCC's rural health care program. The FCC adopted this NPRM on June 20, 2011, and released the text on June 21, 2011. It is FCC 11-101 in WC Docket No. 02-60. See, notice in the Federal Register, Vol. 76, No. 123, Monday, June 27, 2011, at Pages 37307-37309.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-56 C [17 pages in PDF] titled "Recommendation for Key Derivation through Extraction-then-Expansion".

The House will meet in pro forma session at 10:00 AM.

The Senate will meet in pro forma session at 12:00 NOON.

11:00 AM - 12:30 PM. The Heritage Foundation (HF) will host a panel discussion titled "National EMP Recognition Day: The Threat That Can't Be Ingnored". The speakers will be Rep. Roscoe Bartlett (R-MD), Peter Pry (EMPact America), Frank Gafney (Center for Security Studies), Drew Miller, and James Carafano (HF). This event is free and open to the public. See, notice. Location: HF, 214 Massachusetts Ave., NE.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the report submitted to the FCC on June 30, 2011, by the technical working group co-chaired by LightSquared and the U.S. Global Positioning System Industry Council (USGIC). See, FCC International Bureau's (IB) order dated June 30, 2011. It is DA 11-1133 in DA 11-1133. See also report, part 1, part 2, part 3, part 4, part 5, part 6, and part 7.

EXTENDED FROM AUGUST 8. Extended deadline to submit comments to the Federal Trade Commission (FTC) in response to its notice in the Federal Register regarding the proposed self-regulatory guidelines submitted to the FTC by Aristotle International, Inc. under the safe harbor provision of the Children's Online Privacy Protection Act (COPPA) Rule. See, Federal Register, Vol. 76, No. 123, Monday, June 27, 2011, at Pages 37290-37291. See, notice of extension.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7275 Rev. 4 [77 pages in PDF] titled "Specification for the Extensible Configuration Checklist Description Format (XCCDF) Version 1.2".

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