12/4. President Obama signed HR 6131 [LOC | WW], a bill to extend the SAFE WEB Act. See, White House news office release.

The Congress enacted the original SAFE WEB Act in late 2006, with a seven year sunset. HR 6131 extends the sunset until September 20, 2020. The House passed this bill on September 11, 2012. The Senate passed it on November 14.

See also, stories titled "House Passes Bill to Extend SAFE WEB Act" in TLJ Daily E-Mail Alert No. 2,446, September 12, 2012, and "House and Senate Commerce Committees Pass Bills to Extend SAFE WEB Act" in TLJ Daily E-Mail Alert No. 2,418, August 2, 2012.

The SAFE WEB Act is a misleading title. The Act gives the Federal Trade Commission (FTC) some broad investigatory powers, such as the power to compel third party service providers to disclose the contents of stored wire and electronic communications, without notice to the owner of the communications, and with a gag order imposed upon the service provider. The Act also gives the FTC broad authority to share information with other nations.

Such powers are subject to abuse. Sunsets make it easier for members of Congress to oversee agency implementation of statutory authority, and if necessary, terminate such authority.

Rep. Mary Mack (R-CA), sponsor of the bill, stated in a release that this is "the right thing to do for our nation and our friends around the world. With nearly 1.5 billion credit cards in use in the United States, nearly everyone in America has a stake in making certain that the FTC has the powers it needs to fight online fraud."

12/5. Sen. Charles Grassley (R-IA) gave a speech in the Senate in which he urged the Senate Democratic leadership to bring up for a vote HR 6429 [LOC | WW], the "STEM Jobs Act of 2012".

The House passed this bill on November 30, 2012. See, story titled "House Passes STEM Visas Bill" in TLJ Daily E-Mail Alert No. 2,480, December 1, 2012.

Rep. Lamar Smith (R-TX), sponsor of the bill, issued a release that states that Senate Democrats decided not to consider the bill.

Rep. Smith stated in this release that "I am disappointed that President Obama and Senate Democrats oppose the STEM Jobs Act. This important bill will help us create jobs, increase our competitiveness, spur our innovation, and keep families together. ... The sooner we start to keep these talented foreign graduates, the sooner they can bolster U.S. competitiveness and help create jobs for America’s unemployed. Unfortunately, President Obama and Senate Democrats seem to value their partisan agenda more than job creation and economic growth. Their decision to oppose the STEM Jobs Act forces us to send the best and brightest foreign graduates back home to work for our global competitors."

Sen. Grassley stated that "This bill would make available up to 55,000 green cards each year for foreign students who have received doctorates or masters degrees in science, technology, engineering or math (also known as STEM) from a U.S. university. The bill wouldn't increase overall immigration levels, but rather, would move our immigration system toward one in which we reward the best and brightest of the world with the chance to remain, live and work in this country."

12/5. The House passed SConRes 50 by a vote of 397-0. See, Roll Call No. 617. This is a resolution "Expressing the sense of Congress regarding actions to preserve and advance the multistakeholder governance model under which the Internet has thrived".

The Senate passed it on September 22. See also, story titled "Senate Foreign Relations Committee Approves Internet Governance Resolution" in TLJ Daily E-Mail Alert No. 2,452, September 20, 2012.

Previously, the House passed the related HConRes 127 on August 2, 2012. See, stories titled "House Approves Resolution Opposing International Internet Regulation" and "Ambassador Kramer Addresses Upcoming WCIT" in TLJ Daily E-Mail Alert No. 2,420, August 4, 2012.

These resolutions are directed at proposals being considered at the World Conference on International Telecommunications (WCIT), which commenced in Dubai, United Arab Emirates, on December 3. See, event web site.

11/27. Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking (NPRM) [42 pages in PDF] regarding disability access to televised emergency information on November 16, 2012.

The purpose of this NPRM is to implement Sections 202 and 203 of S 3828 [LOC | WW], the "Twenty-First Century Communications and Video Accessibility Act of 2010", which is also known as the CVAA. S 3828 incorporates the text of S 3304 [LOC | WW], wherein Section 202 and 203 are found.

Title II of the CVAA pertains to "Video Programming". Section 202 provides, among other things, that the FCC shall conduct a proceeding to "identify methods to convey emergency information ... in a manner accessible to individuals who are blind or visually impaired", and "promulgate regulations that require video programming providers and video programming distributors ... and program owners to convey such emergency information in a manner accessible to individuals who are blind or visually impaired".

This NPRM is FCC 12-142 in MB Docket No. 12-107. The FCC adopted it on November 16, and released the text on November 19.

The deadline to submit initial comments is December 18. The deadline to submit reply comments is December 28. See, notice in the Federal Register, Vol. 77, No. 229, November 28, 2012, at Pages 70970-70987, setting comment deadlines.

11/26. The U.S. Patent and Trademark Office (USPTO) announced that it will host roundtable to address the possibility of changing its rules of practice to require the disclosure of real party in interest information during patent prosecution and at certain times post-issuance.

This event will be held from 8:30 AM to 12:00 NOON on Friday, January 11, 2013. It will be held in the USPTO's Madison Auditorium, at 600 Dulany Street, Alexandria, VA. See, notice in the Federal Register (FR), Vol. 77, No. 227, November 26, 2012, at Pages 70385-70389.

This event is open to the public. The deadline to submit requests to participate is Friday, December 21, 2012. The deadline to submit written comments is January 25, 2013.

The USPTO wrote in its FR notice that "It is increasingly clear that the completeness of the patent record, including the ownership of patent applications and patents, plays an essential role in the efficient functioning of innovation markets. Since intangible assets now make up over fifty percent of the value of business outputs of U.S. industry, intellectual property rights are one key mechanism by which such intangibles can be exchanged, providing profits for innovators and moving technologies to their most efficient uses in the economy."

"To avoid business and legal risk, the clearing of intellectual property rights is often undertaken by manufacturers or distributors prior to production and marketing. In such cases, the clearance of intellectual property rights is often made more difficult and time-consuming, legally risky, and expensive because current ownership information on patent applications and issued patents is not available. An incomplete ownership record thus presents a significant barrier to competition and market efficiency. Markets operate most efficiently when buyers and sellers can find one another. Yet in our current system, fragmented ownership in the patent rights covering complex products leads to potential buyers facing difficulty finding sellers, and to potential innovators not understanding the nature of the marketplace they are considering entering."

The FR notice states that "the USPTO is interested in providing more complete patent ownership information to the public", and that this information would also be helpful to the USPTO.

12/5. The European Commission (EC) released a memorandum titled "Commission agrees way forward for modernising copyright in the digital economy". It describes pre-legislative processes.

It states that the EC's "objective is to ensure that copyright stays fit for purpose in this new digital context." The EC will "work for a modern copyright framework that guarantees effective recognition and remuneration of rights holders in order to provide sustainable incentives for creativity, cultural diversity and innovation; opens up greater access and a wider choice of legal offers to end users; allows new business models to emerge; and contributes to combating illegal offers and piracy".

It then states that there will be two study processes. First, "A structured stakeholder dialogue will be launched at the start of 2013 to work to address six issues where rapid progress is needed: cross-border portability of content, user-generated content, data- and text-mining, private copy levies, access to audiovisual works and cultural heritage. The discussions will explore the potential and limits of innovative licensing and technological solutions in making EU copyright law and practice fit for the digital age."

This process will "take stock" by December 2013, but will "not prejudge the possible need for public policy action, including legislative reform".

There will be second process, "with a view to a decision in 2014", that will study four issues: "mitigating the effects of territoriality in the Internal Market; agreeing appropriate levels of harmonisation, limitations and exceptions to copyright in the digital age; how best to reduce the fragmentation of the EU copyright market; and how to improve the legitimacy of enforcement in the context of wider copyright reform."

12/5. The Senate confirmed Michael Shea to be a Judge of the U.S. District Court (DConn).

12/3. The Federal Communications Commission (FCC) published a notice that it seeks to employ a person for the position of "Chief Information Officer". The deadline to apply is January 3, 2013. The FCC adds, "Drug Testing Required".

12/3. The Federal Communications Commission (FCC) released an Order [17 pages in PDF] regarding intercarrier compensation reform. The FCC adopted this item on November 30, and released the text on December 3. It is FCC 12-147 in WC Docket No. 12-233.

11/30. The Federal Communications Commission (FCC) released a redacted copy [19 pages in PDF] of a Notice of Apparent Liability for Forfeiture that fines Telseven, LLC, Calling 10, LLC, and Patrick Hines $1,680,000 for deceptive marketing and cramming.

11/30. The Copyright Office (CO) published a notice in the Federal Register (FR) that extends the deadlines to submit initial and reply comments in response to its notice of inquiry (NOI) titled "Orphan Works and Mass Digitization". The CO extended the deadline for initial comments from January 4, 2013 to February 4. The CO extended the deadline to submit reply comments from February 4 to March 4. See, original notice in the FR, Vol. 77, No. 204, October 22, 2012, at Pages 64555-64561. See also, story titled "Copyright Office Issues Notice of Inquiry on Orphan Works" in TLJ Daily E-Mail Alert No. 2,468, November 2, 2012. And see, extension notice in the FR, Vol. 77, No. 231, November 30, 2012 at Page 71452.

11/29. The Copyright Office (CO) published a notice in the Federal Register (FR) that announces changes to its regulations for filing notices of intention to obtain a compulsory license from the CO, pursuant to 17 U.S.C. § 115, to provide an option for electronically filing notices. This FR notice states that "By law, such notices may be filed in the Office only when the public records of the Copyright Office do not identify the copyright owner of the musical work and include an address at which notice can be served. In addition, the Copyright Office is amending its regulations to clarify the rules for filing physical Notices of Intention, to clarify that it does not examine Notices of Intention filed with the Office for legal sufficiency, and to include a Privacy Act Advisory Statement." The effective date of these changes is January 14, 2013. See, FR, Vol. 77, No. 230, November 29, 2012, at Pages 71101-71104. Subsection 115(a) provides in part that "When phonorecords of a nondramatic musical work have been distributed to the public in the United States under the authority of the copyright owner, any other person, including those who make phonorecords or digital phonorecord deliveries, may, by complying with the provisions of this section, obtain a compulsory license to make and distribute phonorecords of the work. A person may obtain a compulsory license only if his or her primary purpose in making phonorecords is to distribute them to the public for private use, including by means of a digital phonorecord delivery." Subsection 115(b) addresses notices of intention to obtain compulsory licenses. Subsection 115(c) addresses royalties.

11/28. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) published a notice in the Federal Register (FR) that announces, and requests comments on, proposed removals from the Commerce Control List of certain Category XI items, which pertain to military electronics, and which include telecommunications equipment and software. The deadline to submit comments is January 28, 2012. See, FR, Vol. 77, No. 229, November 28, 2012, at Pages 70945-70955.

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The House will meet at 9:00 AM for legislative business. It will consider several items under suspension of the rules, including S 3486 [LOC | WW], the "Patent Law Treaties Implementation Act of 2012". See, Rep. Cantor's schedule for the week.

The Senate will meet at 9:30 AM. It will begin consideration of HR  6156, the "Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012". The House passed this bill on November 16.

PRESCHEDULED FROM SEPTEMBER 20. 10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Investigations and Oversight will hold a hearing titled "The Impact of International Technology Transfer on American Research and Development". The witnesses will be Rob Atkinson (Information Technology & Innovation Foundation) and Dennis Shea (U.S. China Economic and Security Review Commission). See, notice. The HSC will webcast this hearing. Location: Room 2318, Rayburn Building.

10:00 AM - 3:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Policy Committee will meet. Open to the public. See, notice in the Federal Register, Vol. 77, No. 210, October 30, 2012, at Pages 65691-65692. Location: Dupont Circle Hotel, 1500 New Hampshire Ave., NW.

12:00 NOON - 1:00 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Perspectives on Canada's New Copyright Laws: Bill C-11". The speakers will be Jerry Cohen (Burns Levinson), David Kent (McMillan), Sarah Kilpatrick (McMillan), Stephen Zolf (Heenan Blaikie), and Johanna Dennis (Southern University Law Center). Prices vary. No CLE credits. See, notice.

CANCELLED. The Federal Communications Commission's (FCC) Communications Security, Reliability, and Interoperability Council (CSRIC) will meet. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW. See, cancellation notice in the Federal Register, Vol. 77, No. 228, November 27, 2012, at Page 70777.

POSTPONED. 6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Transactional Committee will host an event titled "Verizon/SpectrumCo: Issues and Process -- Anatomy of a Transaction". CLE credits. Prices vary. See, notice.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-90 C [50 pages in PDF] titled "Recommendation for Random Bit Generator (RBG) Constructions".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-90 B [78 pages in PDF] titled "Recommendation for the Entropy Sources Used for Random Bit Generation".

Deadline to submit comments to the Copyright Office (CO) regarding creating a "resale royalty right" for visual artists. See, original notice in the Federal Register (FR), Vol. 77, No. 182, September 19, 2012, at Pages 58175-58179, and extension notice in the FR, Vol. 77, No. 200, October 16, 2012, at Page 63342. See also, story titled "Copyright Office Requests Comments on Creating a Resale Royalty Right for Visual Artists" in TLJ Daily E-Mail Alert No. 2,464, October 18, 2012.

Rep. Cantor's schedule for the week states that "no votes are expected".

8:15 AM - 3:30 PM. The Computer and Communications Industry Association (CCIA) and George Washington University's (GWU) Institute for International Economic Policy (IIEP) will host an event titled "Can Trade Policies and Agreements Advance Internet Freedom?". Free. Open to the public. Location: GWU, Elliot School of International Affairs, Lindner Commons, 6th floor, 1957 E St., NW.

9:00 AM. The House Intelligence Committee (HIC) will hold a closed meeting. See, notice. Location: Room HVC-304, Capitol Visitor Center.

9:00 AM - 4:45 PM. The Federal Trade Commission (FTC) will host a workshop titled "The Big Picture: Comprehensive Online Data Collection". See, event web site. Location: FTC Conference Center, 601 New Jersey Ave., NW.

8:00 or 9:00 - 11:00 AM. The President's Export Council will meet. The Department of Commerce (DOC) has advertised the start time as both 8:00 AM and 9:00 AM. See, notice and notice in the Federal Register, Vol. 77, No. 224, November 20, 2012, Pages 69591-69592. The event will be webcast. Location: undisclosed.

9:30 AM - 12:15 PM. The Phoenix Center for Advanced Legal & Economic Public Policy Studies will to host an event titled "Conference to Examine Impact of Election on U.S. Broadband Policy". The speakers will be Rep. Marsha Blackburn (R-TN), Ajit Pai (FCC Commissioner), Michael McCurry, Rich Galen, Kathy Brown (Verizon), and James Cicconi (AT&T). Location: Phoenix Center, Suite 440, 5335 Wisconsin Ave. NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of S 1223 [LOC | WW], the "Location Privacy Protection Act of 2011", sponsored by Sen. Al Franken (D-MN).The agenda also again includes consideration of the nominations of Katherine Failla (USDC/SDNY), Troy Nunley (USDC/EDCal), Sheri Chappell (USDC/MDFl), Pamela Ki Mai Chen (USDC/EDNY), and Mark Barnett (U.S. Court of International Trade). See, notice. Location: Room 226, Dirksen Building.

12:00 NOON - 1:30 PM. The National Economists Club will host a lunch. The speaker will be Robert Atkinson (ITIF). Prices vary. See, notice and registration page. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

12:00 NOON - 2:00 PM. The Federalist Society will host a lunch and panel discussion titled "Private Attorneys and the War on Terror". The speakers will be Nitsana Leitner (Israel Law Center), Steven Bradbury (Dechert), and Stephen Vladeck (American University law school). See, notice and registration page. Free. No CLE credits. Location: National Press Club, 13th Floor, 529 14th St., NW.

2:00 - 2:30 PM. The Information Technology and Innovation Foundation (ITIF) will hold a news conference by teleconference to release and discuss the ITIF's report titled "2012 State New Economy Index". The speakers will be Rob Atkinson (ITIF) and Luke Stewart (ITIF). For call in information, contact Alexis Fearon at afearon at itif dot org or 202-524-4390.

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

Rep. Cantor's schedule for the week states that "no votes are expected".

8:30 AM. The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) is scheduled to release its November 2012 unemployment data.

9:00 AM - 5:30 PM. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hold a workshop titled "Patent Assertion Entity Activities". See, notice and agenda. Location: FTC, Satellite Building and Conference Center, 601 New Jersey Ave., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [57 pages in PDF] regarding cable TV technical rules. The FCC adopted and released this item on August 3, 2012. It is FCC 12-86 in MB Docket No. 12-217. See, notice in the Federal Register Vol. 77, No. 195, October 9, 2012, at Pages 61351-61375. See also, TLJ story titled "FCC Adopts NPRM Regarding Cable TV Technical Rules" in TLJ Daily E-Mail Alert No. 2,421, August 5, 2012.

9:00 - 10:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Why America Needs a National Network for Manufacturing Innovation". The speakers will be Robert Atkinson (ITIF), Dennis Dotson (Dotson Iron Castings), David Hart (George Mason University), and Celia Merzbacher (Semiconductor Research Corporation). See, notice. Location: __, Capitol Hill.

10:00 AM - 12:00 NOON. The Department of Commerce's (DOC) National Advisory Council on Innovation and Entrepreneurship will meet. No webcast. This event is open to the public only via teleconference. See, notice in the Federal Register, Vol. 77, No. 234, December 5, 2012, at Page 72322. Location: DOC, Room __, 1401 Constitution Ave.,  NW.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Nuts and Bolts of International Cartel Enforcement". The speakers will be Kevin Goldstein (Weil Gotshal), Jennifer Chippendale (Sheppard Mullin), Patrick Harrison (Sidley Austin), and Michelle Rindone (DOJ Antitrust Division). Free. No CLE credits. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Insuring for Data Security Threats: Everything a Business Lawyer Wants to Know But Is Afraid To Ask". The speakers will be John Black (Boundas Skarzynski Walsh & Black), Erich Bublitz (Admiral Insurance Company), Janice Hugener, Winston Krone (Kivu Consulting), and Edward Morse (Creighton University School of Law). Prices vary. CLE credits. See, notice.

1:30 - 3:00 PM. TIME. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "America Invents Act: Practical Considerations for Practitioners and Inventors". The speakers will be Jonathan Sick (McAndrews Held & Malloy), Robert Titus (Eli Lilly and Company), Alysa Youngson (MH2 Technology Law Group), Nathan Prepelka (The Webb Law Firm). Prices vary. CLE credits. See, notice.

3:00 - 4:30 PM. The Copyright Office (CO) will host a panel discussion titled "The Authors Guild on the Occasion of Its 100th Anniversary: History and Future of the Professional Author". The speakers will be Scott Turow (President of the Authors Guild), John Cole (Library of Congress), Robert Massie (former President of the Authors Guild), and Peter Smith (Codex Group). See, notice. Location: Coolidge Auditorium, Jefferson Building, 101 Independence Ave., SE.

6:00 - 9:15 PM. The DC Bar Association will host a program titled "IP Year in Review Series 2012: Part 2: The New Patent Law and More". The speakers will be Andrew Sommer (Winston & Strawn) and Bradley Wright (Banner & Witcoff). The price to attend 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.

Deadline for the Office of the U.S. Trade Representative (OUSTR) to submit its annual report to the Congress on the People's Republic of China's (PRC) compliance with its World Trade Organization (WTO) obligations. See, notice in the Federal Register, Vol. 77, No. 161, August 20, 2012, at Pages 50206-50207. See also, story titled "OUSTR to Receive Comments and Hold Hearing on PRC Compliance with WTO Obligations" in TLJ Daily E-Mail Alert No. 2,431, August 17, 2012.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to the petitions for reconsideration of its First Report and Order [67 pages in PDF] regarding spectrum for the operation of Medical Body Area Networks (MBAN). This R&O is FCC 12-54 in ET Docket No. 08-59. See, petition and petition. See also, FCC Public Notice, and notice in the Federal Register, Vol. 77, No. 222, November 16, 2012, at Pages 68721-68722.

TIME? The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Keeping the New Broadband Spectrum Law on Track". The witnesses will be the five FCC Commissioners. See, notice. Location: __.

10:30 AM. The Federal Communications Commission (FCC) will hold an event titled "open meeting". There are three items on the tentative agenda: (1) an NPRM on small cell use in the 3550-3650 MHz band, (2) R&O and FNPRM on expanding the 911 regime to text messaging and other technologies, and (3) R&O on expanding the FCC's universal service tax and subsidy regime for health care providers. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., NW.

1:00 - 2:15 PM. The Federal Communications Bar Association's (FCBA) Homeland Security and Emergency Communications and International Telecommunications Committees will host a brown bag lunch titled "Canadian-US Collaboration and Coordination Across the Border". The speakers will Emilie Brown (Public Safety Canada), Brian Marenco (FCC Public Safety and Homeland Security Bureau), Cyndie Walters (U.S. Customs and Border Protection), and Rick Joyce (Venable). No CLE credits. Location: Embassy of Canada, 501 Pennsylvania Ave., NW

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Wireless Telecommunications Bureau's (WTB) and Office of Engineering and Technology's (OET) Public Notice (PN) [8 pages in PDF] regarding refreshing the record in its wireless microphones proceedings. See, January 2010 R&O and FNPRM [103 pages in PDF] (FCC 10-16). The FCC released this PN on October 5, 2012. It is DA 12-1570 in WT Docket Nos. 08-166 and 08-167 and ET Docket No. 10-24. See also, notice in the Federal Register, Vol. 77, No. 204, October 22, 2012, at Pages 64446-64450. See also, 2008 NPRM and Order (FCC 08-188) and story titled "FCC Releases NPRM on Wireless Microphones Operating in 700 MHz Band" in TLJ Daily E-Mail Alert No. 1,817, August 21, 2008. See also, story titled "FCC Seeks More Comments on Wireless Microphones" in TLJ Daily E-Mail Alert No. 2,466, October 23, 2012.