House to Consider CISPA on April
26-27 |
4/20. The House Republican leadership announced that on Thursday, April 26,
the House will bill begin consideration of HR 3523
[LOC |
WW] is the
"Cyber Intelligence Sharing and Protection Act of 2011" or "CISPA".
And, it will finish consideration on Friday, April 27. See, Rep. Cantor's
schedule for the week.
The House Rules Committee (HRC) has announced that
4:30 PM on Tuesday, April 24, is the deadline for members to submit
proposed amendments to the bill.
The House Intelligence Committee (HIC) released a
statement. It states that the HIC "provided a draft Amendment in the Nature of a
Substitute to the House Rules Committee today to serve as base text for potential
amendments" to the CISPA. See,
base bill [18 pages in PDF].
The HIC added that "This draft amendment is the discussion draft of the bill
that was posted on the HPSCI website on April 16, 2012, and is a necessary
parliamentary step before proceeding to floor action next week."
This bill is sponsored by Rep. Mike Rogers (R-MI)
and Rep. Dutch Ruppersberger (D-MD), the
Chairman and ranking Democrat on the HIC.
The HIC release adds that "Chairman Rogers and Ranking Member Ruppersberger remain
committed to continuing to work with all interested parties to continue to improve the bill.
Any further agreed changes to the bill would be proposed as amendments when the bill reaches
the floor next week."
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Advocates of Limited Government
Request Changes to CISPA |
4/21. The Tech Freedom (TF),
Competitive Enterprise Institute (CEI), Liberty Coalition,
Freedom Works, and Americans for Limited Government sent a
letter to Rep. Mike Rogers (R-MI) and
Rep. Dutch Ruppersberger (D-MD) regarding HR 3523
[LOC |
WW] is the
"Cyber Intelligence Sharing and Protection Act of 2011" or "CISPA".
They wrote that the
base bill [18 pages in PDF] to be considered by the House on April 26-27 "risks
unduly expanding federal power, undermining freedom of contract, and harming
U.S. competitiveness in the technology sector".
First, they wrote that "While CISPA enables companies to restrict how cyber
threat information they share may be used by other entities, the bill's sweeping
immunity provision effectively denies providers the ability to make enforceable
promises to impose such restrictions on third parties."
Second, they wrote that "CISPA wisely bars the federal government from using
cyber threat information ``for regulatory purposes.´´ But the bill permits all
other governmental uses so long as ``at least one significant purpose´´ of such
use is for ``cybersecurity´´ or the ``protection of [U.S.] national security.´´
Thus, if a federal agency received a private e-mail pertaining to not only a
cyber threat but also, for instance, to a criminal violation of the Internal
Revenue Code or the Archaeological Resources Protection Act, that agency could
share the e-mail with any other governmental entity for use in criminal
prosecution." (Footnote omitted. Brackets in original.)
Third, they wrote that "CISPA creates a limited private right
of action allowing individuals whose information has been improperly used or
shared by a governmental entity to recover actual damages. But for an aggrieved
party to prevail, it must show the governmental entity ``intentionally
or willfully´´ violated the statute. Imposing such a high
burden on potential plaintiffs will under-deter governmental agencies from
negligently handling private information. Therefore, CISPA's private right
should also allow individuals to recover damages for grossly negligent
violations by governmental entities."
Fourth, they wrote that "CISPA immunizes covered private firms that share
``cyber threat information" for a ``cybersecurity purpose´´ with any other
entity -- private or governmental -- from all forms of civil and criminal
liability." But, they argue, "CISPA should only immunize companies for sharing
information when they have an objectively reasonable belief that it pertains to
a cyber threat."
Fifth, they argue that the CISPA should bar the federal government from using the
procurement process to coerce private companies. "CISPA should contain an enforceable
ban on such quid pro quos to deter potential abuse by federal agencies, some of which have
historically leveraged the procurement process to strong-arm private entities into facilitating
mass digital surveillance." (Footnote omitted.)
They also argue that the bill's definition of "cyber threat information"
should be narrowed.
Finally, they argue for meaningful oversight, by the Privacy and Civil Liberties Oversight
Board (PCLOB). See, story titled "Senate Judiciary Committee Holds Hearing on PCLOB
Nominees" in TLJ Daily E-Mail Alert No. 2,375, April 19, 2012.
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Bill Shock: New York Sues Sprint
Nextel to Compel it to Tax Consumers More |
4/19. The state of New York filed a
complaint [30 pages in PDF] in state court against Sprint Nextel seeking to compel it to
collect more taxes for the state of New York on wireless service, and pay the state treble
damages, including for "failure to collect and pay more than $100 million in New York
sales taxes", as well as redundant sales taxes imposed by counties, cities, and other
political subdivisions of New York.
New York does not allege that Sprint Nextel collected any sales taxes from its customers
that it failed to forward to the state. Rather, it merely alleges that Sprint Nextel collected
taxes on in-state, but not interstate calls. New York does not dispute Sprint Nextel allocation
between in-state and interstate. It asserts the Sprint Nextel must tax customers for interstate
calls.
This, New York alleges, is a violation of New York tax law, the New York False Claims Act,
and a New York ban on "fraudulent and illegal" conduct.
Sprint Nextel stated in a
release that
"This complaint is without merit and Sprint categorically denies the complaint's
allegations. We have collected and paid over to New York every penny of sales taxes on mobile
wireless services that we believe our customers owe under New York state law."
Sprint Nextel added that "With this lawsuit, the Attorney General's office is
claiming New York consumers, who already pay some of the highest wireless taxes
in the country, should pay even more. We intend to stand up for New York
consumers' rights and fight this suit."
New York filed this complaint in the Supreme Court for the State of New York, County of
New York, which is a state trial court in New York City.
The complaint states that New York wants the court to
"require Sprint to collect and pay sales taxes on the full amount of its fixed
monthly charges for voice services going forward".
Sprint Nextel offers flat plans for wireless voice communications service. New York imposes
a sales tax on wireless voice communications service. Sprint Nextel collected from its customers,
via monthly bills, New York state sales taxes, which it then forwarded to the state of New York.
Moreover, Sprint Nextel collected the sales tax on all in-state calls, but not
interstate calls. New York, however, insists that Sprint collect taxes from its
customers on all calls, including interstate communications.
The complaint states that "New York law treats fixed monthly charges for wireless
voice services as a single, irreducible, taxable service that cannot be broken out for sales
tax purposes, Sprint violated the law by failing to collect and pay New York state and local
sales taxes on the full amount of the charges."
The state of New York also stated in its complaint against Sprint Nextel that "The
various counties within the State of New York, along with New York City and certain school
districts and other local entities, impose sales taxes on the identical services. The sales
tax rate imposed on such services varies by locality, and the taxes in each must be paid in
addition to the New York State sales taxes."
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Bill Shock: FCC Touts Its New Web
Site |
4/19. The Federal Communications Commission (FCC) announced in a
release that it has launched a
web site titled "Bill Shock: Wireless Usage Alerts for Consumers".
The FCC initiated a rulemaking proceeding in October of 2010 in which it
proposed to imposes new regulations wireless carriers to reduce consumers' "bill
shock". The FCC proposed to require that service providers provide "notification
alerts" to consumers when, for example, they are approaching an allotted limit
for voice, text, and data usage.
See, story titled
"FCC Adopts Bill Shock NPRM" in
TLJ Daily E-Mail Alert No. 2,142,
October 19, 2010. That NRPM is FCC 10-180 in CG Docket No. 10-207 and CG Docket No. 09-158. See
also, stories titled "FCC Starts Bill Shock Proceeding" and "FCC Releases Paper
on Consumer Understanding of Cell Phone Billing Practices" in
TLJ Daily E-Mail
Alert No. 2,088, May 27, 2010.
The FCC has not adopted rules. Wireless service providers have initiated new free notification
processes. And, last year the CTIA adopted a
document titled "Consumer
Code for Wireless Service".
The FCC's NPRM did not propose to address the underlying prices that service
provider charge their customers.
Nor did the NPRM address whether or not consumers are shocked by the extent
of federal, state and local taxes, fees and mandatory contributions that are collected
from them regularly via their monthly bills.
Nor did the NPRM address whether consumers are shocked by the extent of waste, fraud and
abuse in the FCC imposed universal service tax and subsidy programs.
The House Judiciary Committee (HJC) wrote in its
report on
HR 1002 [LOC |
WW], the "Wireless
Tax Fairness Act", that consumers are subjected to local, state and federal taxes on
communications services at an average rate of 16.3%, and that this is twice as high as the
average retail sales tax rate. Moreover, these high taxes decrease consumption of wireless
services, and harm related activities, such as development of smartphone applications and
wireless e-commerce. See, related story in this issue titled "Update on Wireless Tax
Fairness Act".
FCC Commissioner Mignon Clyburn
released a
statement in which she wrote that "I am pleased to see that the Commission has launched
its new ``bill shock´´ website to help consumers track implementation of recent commitments by
wireless carriers to voluntarily provide usage alerts before and after consumers exceed their
plan limits."
Clyburn added that "When CTIA first announced its bill shock guidelines and its
members voluntary commitments, I mentioned that the most important aspect of these guidelines
is that CTIA's members agreed to allow the FCC staff to track their compliance with these
measures. I applaud CTIA for its continuing efforts to push the industry on voluntary efforts
to prevent the consumers from experiencing bill shock."
There is also a bill in the Senate, S 732
[LOC |
WW], the "Cell
Phone Bill Shock Act of 2011", introduced by
Sen. Tom Udall (D-NM) on April 5, 2011.
The Senate has taken no action on this bill.
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Update on Wireless Tax Fairness
Act |
4/19. On March 10, 2011, Rep. Zoe Lofgren (D-CA),
Rep. Trent Franks (R-AZ), and others introduced
HR 1002 [LOC |
WW], the "Wireless
Tax Fairness Act".
Sen. Ron Wyden (D-OR),
Sen. Olympia Snowe (R-ME), and others introduced the
companion bill in the Senate, S 543
[LOC |
WW], also titled the
"Wireless Tax Fairness Act of 2011", on March 10, 2011.
The House has passed its bill last November. The Senate has taken no action.
These bills would not roll back existing taxes. They would only prohibit new
discriminatory taxes.
They would impose a five year moratorium on any state or local "new discriminatory
tax on or with respect to mobile services, mobile service providers, or mobile service
property". It would exempt state universal service taxes, and taxes to fund E-911
communications systems. And, they bills would not affect taxes or fees imposed by the
federal Congress or by the Federal Communications Commission (FCC).
The House Judiciary Committee's (HJC) Subcommittee
on Courts, Commercial and Administrative Law held a hearing on March 15, 2011.
The HJC amended and passed the bill on July 14, 2011. See, story titled "House
Judiciary Committee Approves Wireless Tax Fairness Act" in
TLJ Daily E-Mail Alert No.
2,258, July 14, 2011.
The House passed its bill on November 1, 2011. However, the bill has stalled
in the Senate.
It was referred to the
Senate Finance Committee (SFC). Sen. Wyden and Sen. Snowe are both members. However, that
Committee has held no hearings, and taken no other action, on either bill. However, the bill
has 19 sponsors, including Sen. Kirsten Gillibrand
(D-NY).
These bills recite in their findings that there is a "history and pattern of
discriminatory taxation faced by providers and consumers of mobile services".
The House
Committee Report states that "the combined state and local tax rate on wireless
telecommunication service is still significantly higher than the tax rate on other goods
and services".
It states that wireless consumers "now face a combined federal, state, and local
tax and fee burden of 16.3 percent, a rate two times higher than the average retail sales
tax rate".
Moreover, "The proceeds of certain taxes imposed uniquely on wireless
services are increasingly being used to fund government programs that have
nothing to do with communications services."
The House report continues that "High wireless tax rates artificially alter the demand
market for wireless services. Economic studies have shown that wireless services are elastic: as
price increases, quantity demanded decreases."
It explains. "The distortionary effects of an ad valorem tax on wireless services vary
inversely with the own-price elasticity of demand for wireless services.
Although the demand for wireless service has become more elastic over the last
decade, wireless taxes have increased. Consequently, the efficiency loss from
wireless taxation has also risen during that period. In states that tax
wireless services most aggressively, the efficiency loss from an additional
dollar of tax revenue raised may be as high as two dollars. Therefore,
federal, local, and state governments should carefully scrutinize the tax rates
they currently impose on wireless consumers, recognizing that the tax policies
in place can produce more harm than good."
"High wireless taxes discourage a percentage of potential customers from
subscribing to wireless services, which results in a smaller tax base and
consequently less tax revenue to governments. Wireless carriers' inability to
attract these potential customers because of high tax rates means they have less
capital to invest in and improve telecommunications infrastructure."
The report concludes that "Consumers ultimately pay the price
of high discriminatory taxes on wireless services. In other contexts, high taxes
on particular goods and services reflect a legislature's measured view that the
good or service imposes a harm on society or the environment or causes some
other negative externality. For example, taxes on cigarettes discourage
decisions that result in poor health; they also fund the health costs borne by
the state or locality when a smoker is unable to pay for a tobacco-related
illness at the local hospital. Similarly, taxes on gasoline encourage commuters
to travel more efficiently and conserve resources. An analogy between these
so-called `sin' taxes and taxes on wireless services, however, is inapposite.
There is nothing inherently dangerous about using cell phones; their use
actually projects a positive externality on society, e.g. more
efficient business communications and more intimate social connections. High
taxes on wireless subscriptions are akin to taxes on cigarettes and gasoline
even though there is no justifiable reason to discourage use of a cell phone."
It also concludes that "tax policies that discourage wireless use also negatively
affect secondary markets for smartphone applications, wireless-based Internet service, and
digital goods and services delivered over telecommunications networks."
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Judicial Appointments |
4/19. The Senate Judiciary Committee (SJC)
held an executive business meeting at which it approved the nominations of William Kayatta
to be a Judge of the U.S. Court of Appeals (1stCir),
John Fowlkes (USDC/WDTenn), Kevin McNulty (USDC/DNJ), Michael Shipp
(USDC/DNJ), and Stephanie Rose (USDC/SDIowa). The SJC held over consideration of
Michael Shea (USDC/DConn), Gonzalo Curiel (USDC/SDCal), Robert Shelby
(USDC/DUtah). The
agenda for the SJC's executive business meeting of April 26, 2012, again lists consideration
of these three nominees.
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About Tech Law
Journal |
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 1998-2012 David Carney. All rights reserved.
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In This
Issue |
This issue contains the following items:
• House to Consider CISPA on April 26-27
• Advocates of Limited Government Request Changes to CISPA
• Bill Shock: New York Sues Sprint Nextel to Compel it to Tax Consumers More
• Bill Shock: FCC Touts Its New Web Site
• Update on Wireless Tax Fairness Act
• Judicial Appointments
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Washington Tech
Calendar
New items are highlighted in
red. |
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Monday, April 23 |
The House will meet at 11:00 AM in pro forma
session only. See, Rep. Cantor's
schedule for the week.
The Senate will meet at 12:00 NOON.
It will resume consideration the motion to proceed to S 1925
[LOC |
WW],
the "Violence Against Women Reauthorization Act of 2011". See, story
titled "VAWA Reauthorization Bill Would Revise Section 223's Ban on Annoying People on the
Internet" in TLJ Daily E-Mail Alert No. 2,374, April 18, 2012.
TIME CHANGE. 8:30 AM - 12:30 PM.
9:00 AM - 1:00 PM. The Federal Communications Commission's
(FCC) Technical Advisory Board for First Responder Interoperability will meet. Title VI
of HR 3630 [LOC |
WW], the spectrum
bill enacted into law in February, provided for the creation of this board. See,
notice. See
also, April 19
Public Notice with agenda and speakers. Location: FCC, 445 12th St., SW.
1:00 PM. TIME. The American
Bar Association (ABA) will host a webcast panel discussion titled "Hot Legal
Issues In Online Affiliate Marketing". The speakers will be
Thomas Cohn (LeClair Ryan), Elizabeth
Tucci (Federal Trade Commission), Mark Campbell (State of Florida), and
Adam Solomon (Olshan
Grundman). Prices vary. CLE credits. See,
notice.
2:00 PM. Deadline to questions to the Department of Commerce's
(DOC) National Telecommunications and Information
Administration (NTIA) regarding its reissued Request for Proposal (RFP)
SA1301-12-RP-0043 for a new Internet Assigned Numbers Authority (IANA) functions contract.
This is for the contract term of October 1, 2012 through September 30, 2015. See,
summary, and
RFP and
Form 33.
Deadline to submit reply comments to the Federal Communications
Commission (FCC) in response to its
Notice of Proposed
Rulemaking (NPRM) [14 pages in PDF] regarding allowing Economic Area (EA) based 800 MHz
Specialized Mobile Radio (SMR) licensees to exceed a channel spacing and bandwidth limitation.
The FCC adopted this NPRM on March 7, 2012, and released the text on March 9. It is FCC 12-25
in WT Docket No. 12-64; WT Docket No. 11-110. See,
notice in the
Federal Register, Vol. 77, No. 61, Thursday, March 29, 2012, at Pages 18991-18996.
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Tuesday, April 24 |
The House will meet at 12:00 NOON for
morning hour, and at 2:00 PM for legislative business. It will consider several
non-technology related items under suspension of the rules. Votes will be postponed until
6:30 PM. See, Rep. Cantor's schedule for
the week.
10:00 AM. The Senate Commerce
Committee (SCC) will hold a hearing titled "The Emergence of Online
Video: Is It The Future?". The witnesses will be Barry Diller (IAC), Paul Misener
(Amazon), Susan Whiting (Nielsen Company), and Blair Westlake (Microsoft). See,
notice. Location: Room 253, Russell Building.
2:00 PM. The House Homeland Security
Committee's (HHSC) Subcommittee on Oversight, Investigations, and Management will hold a
hearing titled "America is Under Cyber Attack: Why Urgent Action is Needed". See,
notice. Location: Room 311, Cannon Building.
2:00 - 3:30 PM. The Department of Justice's (DOJ)
Antitrust Division will host a presentation
titled "Market Structure, Regulation and Mobile Network Penetration". The
speaker will be Yan Li (University of East
Anglia) co-author of a paper with the same
title. For more information, contact Thomas Jeitschko at 202-532-4826 or atr dot eag at usdoj
dot gov. Location: Liberty Square Building, 450 5th St., NW.
2:00 - 3:30 PM. The American
Bar Association (ABA) will host a webcast and telecast panel discussion titled "Should
I Sue? The Perils of Litigation in the Age of Anonymous". This panel will address
hacking attacks launched in retaliation for the filing of lawsuits. The speakers will be
Tanya Forsheit (InfoLawGroup), Marcia Hofmann (Electronic Frontier Foundation), Steven Teppler
(Edelson McGuire), and Gib Sorebo (SAIC). Prices vary. CLE credits. See,
notice.
2:30 PM. The Senate
Intelligence Committee (SIC) will hold a closed meeting. See,
notice. Location: Room 219, Hart Building.
3:00 - 4:30 PM. The Information
Technology and Innovation Foundation (ITIF) will host a panel discussion titled
"Resolved: U.S. Ex-Im Bank Financing is a Vital Component of U.S.
Competitiveness". The speakers will be
Robert Atkinson (ITIF),
Sallie James (Cato Institute),
Andrew Roth (Club for Growth), and
Loren Thompson (Lexington
Institute). See,
notice. Location: Congressional Auditorium, Capitol Visitor Center.
4:30 PM. Deadline to submit to the
House Rules Committee (HRC) amendments
to HR 3523 [LOC |
WW], the
"Cyber Intelligence Sharing and Protection Act of 2011" or
"CISPA". See also, April 19
base bill [18 pages in PDF].
6:00 - 8:15 PM. Federal
Communications Bar Association's (FCBA) Transactional Committee will host an event titled
"New Developments in Merger Analysis and their Implications in FCC Merger
Review". CLE credits. Prices Vary. Registrations and cancellations due by
12:00 NOON on Monday, April 23. See,
notice. Location: __.
6:00 - 9:15 PM. The DC Bar
Association will host the second part of a two part program titled "Preserving
Intellectual Property Rights in Government Contracts". The speakers will be
David Bloch (Winston & Strawn), Richard Gray
(Department of Defense), John Lucas (Department of Energy), and
James McEwen (Stein McEwen). The price
to attend this part ranges from $89 to $129. CLE credits. See,
notice. For more information, call 202-626-3488. The DC Bar has a history of barring
reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.
TIME? The Consumer Electronics Association
(CEA) will host an event titled "CES on the Hill". See,
notice. Location: Room B-357, Rayburn Building.
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Wednesday, April 25 |
The House will meet at 10:00 AM for
morning hour, and at 12:00 NOON for legislative business. It will consider, under
suspension of the rules, HR 2146
[LOC |
WW], the
"Digital Accountability and Transparency Act", or DATA Act. See, story titled
"Rep. Issa Releases Revised Draft of DATA Bill" in TLJ Daily E-Mail Alert No.
2,376, April 20, 2012. See, Rep. Cantor's schedule
for the week.
TIME CHANGE. 10:00 AM.
9:30 AM. The Senate
Judiciary Committee (SJC) will hold an oversight hearing on the
Department of Homeland Security (DHS).
Secretary of Homeland Security Janet Napolitano will testify. See,
notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.
10:00 AM. The House
Financial Services Committee's (HFSC) Subcommittee on Capitol Markets will hold an oversight
hearing on the Securities and Exchange Commission (SEC).
The witness will be SEC Chairman Mary Schapiro. See,
notice.
Location: Room 2128, Rayburn Building.
10:30 AM. The
Senate
Appropriations Committee (SAC) will hold a closed hearing on the FY 2013 budget
for national and military intelligence programs. The witnesses will be James Clapper
and Michael Vickers. See,
notice. Location: Room
SVC-217, Capitol Visitor Center.
2:30 PM. The Senate
Appropriations Committee (SAC) will hold a hearing titled "Expanding Broadband
Access, Promoting Innovation, and Protecting Consumers in a Communications Revolution:
Fiscal Year 2013 Resource Needs for the Federal Communications Commission".
The witness will be FCC Chairman Julius Genachowski. See,
notice. Location: Room 138, Dirksen Building.
6:30 PM. The Consumer Electronics
Association (CEA) will host an event titled "Digital Patriots Dinner".
The honorees will be Sen. Ron Wyden (D-OR),
Rep. Jason Chaffetz (R-UT), and David Rubenstein
(Managing Director of the Carlyle Group). There will be a reception at 6:30 PM. The
dinner will begin at 7:30 PM. See,
notice. Location:
Newseum, 555 Pennsylvania, Ave., NW.
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Thursday, April 26 |
The House will meet at 10:00 AM for morning hour,
and at 12:00 NOON for legislative business. It will consider, under suspension of the
rules, HR 2096 [LOC |
WW], the
"Cybersecurity Enhancement Act of 2011", HR 3834
[LOC |
WW], the
"Advancing America's Networking and Information Technology Research and Development
Act of 2012", and HR 4257
[LOC |
WW], the
"Federal Information Security Amendments Act of 2012". The House will also
begin consideration, subject to a rule, of HR 3523
[LOC |
WW], the
"Cyber Intelligence Sharing and Protection Act of 2011" or
"CISPA". See, Rep. Cantor's schedule
for the week.
8:00 AM - 5:00 PM. The Computer
and Communications Industry Association (CCIA) will host an event titled "2012
Washington Caucus". For more information, contact Maggie Clark
at 202-783-0070 or mclark at ccianet dot org. There will no webcast. Location:
Newseum, 555 Pennsylvania Ave., NW.
8:30 AM - 5:00 PM. The Federal
Trade Commission (FTC) will host a workshop titled "Paper, Plastic ... or Mobile?
An FTC Workshop on Mobile Payments". See,
notice. Location: FTC
Conference Center, 601 New Jersey Ave., NW.
9:00 AM - 2:30 PM. The Cato Institute
will host a conference titled "Is Immigration Good for America".
Rep. Zoe Lofgren (D-CA) will speak at 12:00 NOON.
Free. See, notice and registration page.
Location: Cato, 1000 Massachusetts Ave., NW.
10:00 AM. The
House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition
and the Internet will hold a hearing titled "International Patent Issues: Promoting
a Level Playing Field for American Industry Abroad". See,
notice. Location: Room 2141, Rayburn Building.
10:00 AM. The House Ways
and Means Committee's (HWMC) Subcommittee on Select Revenue Measures will hold a hearing
regarding expiring tax provisions. The R&D tax credit expired on December 31, 2011.
The witnesses will be members of Congress.
Rep. Kevin Brady (R-TX) will
testify regarding HR 942 [LOC |
WW],
the "American Research and Competitiveness Act of 2011", a bill that would
revise and make permanent the R&D tax credit. See, hearing
notice.
See, also, 21 U.S.C. § 41,
story titled "Tax Bill Enacted With R&D Tax Credit Extension" in
TLJ Daily E-Mail Alert No.
2,182, December 18, 2010, and story titled "Ways and Means Subcommittee
Hearing to Address Expired R&D Tax Credit" in TLJ Daily E-Mail Alert No.
2,376, April 20, 2012. Location: Room 1100, Longworth Building.
10:00 AM. The
House Homeland Security Committee's (HHSC) Subcommittee on
Counterterrorism and Intelligence and Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies will hold a joint hearing
titled "Iranian Cyber Threat to the U.S. Homeland". See,
notice. Location: Room 311, Cannon Building.
10:00 AM. The House
Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence
Activities". See,
notice.
Location: Room HVC-304, House Visitor Center.
POSTPONED. 10:00 AM. The House
Appropriations Committee's (HAC) Subcommittee on Financial Services and General
Government will hold a hearing on the FY 2013 budget for the Supreme Court. The
witnesses will be Justices Anthony Kennedy and Stephen Breyer. See,
notice.
The HAC will webcast this event. Location: Room 2359, Rayburn Building.
10:00 AM. The
House Oversight and Government Reform Committee (HOGRC) will hold a
business meeting. See, notice. Location: Room 2154, Rayburn Building.
10:00 AM. The Senate
Judiciary Committee (SJC) will hold an executive business meeting. The agenda again
includes consideration of the nominations of Michael Shea (USDC/DConn),
Gonzalo Curiel (USDC/SDCal), Robert Shelby (USDC/DUtah). The SJC will webcast this event. See,
notice. Location: Room 226, Dirksen Building.
12:00 NOON - 2:00 PM. The DC
Bar Association will host a panel discussion titled "Social Media: Legal
Considerations For Corporate Counsel". The speakers will be
Brent Kidwell (Jenner
& Block), Paul Meyer (Towers Watson),
Blair Vietmeyer (E*TRADE Financial Corporation),
and Michael Lowman (Jenner
& Block). The price to attend ranges from free to $15. No CLE credits. See,
notice. For more information, call 202-626-3463. The DC Bar has a history of barring
reporters from its events. Location: Jenner & Block, 9th Floor, 1099 New York
Ave., NW.
3:00 - 4:30 PM. The American Intellectual
Property Law Association (AIPLA), U.S. Patent and Trademark
Office (USPTO), and World
Intellectual Property Organization (WIPO) will host an event titled "World
Intellectual Property Day". The opening speakers will be
Sen. Patrick Leahy (D-VT), David Kappos
(head of the USPTO), and John Bryson (Secretary of Commerce). There will then
be a panel discussion. The speakers will be Todd Dickenson (AIPLA), David
Kappos, James Pooley (WIPO) and Al Langer (inventor). At 4:30 - 6:00 there
will be a reception. Free. Exhibits will be on display. Register by sending an
e-mail to WorldIPDay at aipla dot org. Location: Room 562, Dirksen Building.
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Friday, April 27 |
The House will meet at 9:00 AM for legislative
business. It will complete consideration,
subject to a rule, of HR 3523
[LOC |
WW], the
"Cyber Intelligence Sharing and Protection Act of 2011" or
"CISPA". See, Rep. Cantor's schedule
for the week.
11:00 AM. The Federal Communications Commission (FCC) will
hold an event titled "Open Meeting". See,
agenda, and
story titled "FCC Releases Tentative Agenda for Meeting of April 27" in TLJ Daily
E-Mail Alert No. 2,369, April 12, 2012. Location: FCC headquarters, Room TW-C305, 445 12th
St., SW.
Deadline to submit comments to the
National Telecommunications and Information Administration (NTIA) the regarding the types
and depth of testing that the NTIA intends to conduct in Phase II/III of the Spectrum Sharing
Innovation Test Bed pilot program to assess whether devices employing Dynamic Spectrum Access
techniques can share the frequency spectrum with land mobile radio systems. See,
notice in the
Federal Register, Vol. 77, No. 60, Wednesday, March 28, 2012, at Page 18793.
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Saturday, April 28 |
9:00 AM - 6:30 PM. Day one of a two day event hosted by
Codepink Women for Peace titled "Drone
Summit: Killing and Spying by Remote Control". The speakers will include Amie
Stepanovich (EPIC), Hina Shamsi (ACLU), and Jay Stanley (ACLU). Most of the topics to be
covered relate to foreign wars. However, the conference will also address "the future
of domestic drone surveillance". See,
notice. Location: Mount Vernon
Place United Methodist Church, 900 Massachusetts Ave., NW.
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Sunday, April 29 |
10:00 AM - 4:00 PM. Day two of a two day event hosted by
Codepink Women for Peace titled "Drone
Summit: Killing and Spying by Remote Control". See,
notice. Location: United
Methodist Building, 100 Maryland Ave., NE.
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Monday, April 30 |
The Senate will not meet on the week of Monday, April 30, through Friday,
May 4.
The Senate will not meet on the week of Monday, April 30, through Friday,
May 4.
12:30 - 1:30 PM. The Federal Communications
Commission (FCC) will hold an event at which David Robbins
and other FCC employees will discuss social media and the FCC web site.
The FCBA asserts that this is an FCBA event. Location: FCC, Commission Meeting
Room, 445 12th St., SW.
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CCIA Washington Caucus
April 26 at the Newseum |
There will be a series of speeches, followed by questions and
answers. Ed Black (CCIA) will lead at 8:30 AM. |
Rep. Jason Chaffetz
(R-UT), member of the House Judiciary
Committee (HJC), and a leading opponent of HR 3261
[LOC |
WW], the
"Stop Online Piracy Act" or "SOPA", and HR 1981
[LOC |
WW], the
data retention bill. |
Rep. Lee Terry
(R-NE), member of the House Commerce Committee (HCC), and Vice Chair of
its Subcommittee on Communications and Technology (SCT). |
Rep. Jared Polis (D-CO),
member of the HJC. |
Demetrios Marantis, Deputy U.S. Trade Representative. |
Rep. Anna Eshoo
(D-CA), ranking Democrat on the HCC's SCT. |
Daniel Weitzner (Deputy Chief Technology Officer for Internet Policy in the
Executive Office of the President). |
Lunch at Newseum |
Rep. Zoe Lofgren (D-CA),
member of the HJC, and sponsor of HR 1002
[LOC |
WW],
the "Wireless Tax Fairness Act". |
Deanna Okun,
Chairman of the U.S. International Trade
Commission. |
Rep. Darrell Issa
(D-CA), Chairman of the House Oversight and Government Reform Committee,
and member of the HJC. |
Rep. Bob Goodlatte
(R-VA), member of the HJC. |
Eric Hirschorn,
head of the DOC's Bureau of Industry
and Security, which regulates tech exports. |
Sen. Mark Warner (D-VA),
member of the Senate Commerce
Committee and Senate
Intelligence Committee. |
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