Obama and STEM Visas |
1/21. President Obama gave a
speech in Washington DC on January 21, 2013 in which he stated
that "Our journey is not complete until we find a better way to
welcome the striving, hopeful immigrants who still see America as a
land of opportunity, until bright young students and engineers are
enlisted in our workforce rather than expelled from our
country."
On November 30, 2012, the House passed HR 6429
[LOC |
WW],
the "STEM Jobs Act of 2012", by a vote of 245-139. See, story
titled "House Passes STEM Visas Bill" in
TLJ Daily E-Mail
Alert No. 2,480, December 1, 2012.
This bill would enable aliens who obtain advanced degrees in STEM fields
from US universities to obtain visas, and therefore remain in the US, and
contribute to innovation and economic development.
However, two days before the House voted on this bill, President Obama's
Office of Management and Budget (OMB) released a
statement announcing that "the Administration opposes House passage
of H.R. 6429". See also, story titled "Obama Opposes STEM Visas
Bill" in TLJ
Daily E-Mail Alert No. 2,478, November 29, 2012.
Also, the Democratic controlled Senate did not allow a vote on HR 6429.
Otherwise, it was a political speech, in which the President advocated many
of his policy objectives. However, he said very little about technology related
policy areas.
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Sen. Leahy Addresses His Tech Agenda for
113th Congress |
1/16. Sen. Patrick Leahy (D-VT)
gave a speech
at Georgetown University law school in which he addressed the agenda for the
113th Congress of the Senate
Judiciary Committee (SJC), which he chairs.
"I expect that the Judiciary Committee will devote most of our time
this Spring working to pass comprehensive immigration reform." He added
that "Next month we will begin this national discussion in the full Senate
Judiciary Committee with public hearings."
He said that immigrants "play vital roles ... innovating for our
technology companies, or creating businesses of their own". However,
he did not mention HR 6429
[LOC |
WW],
the "STEM Jobs Act of 2012", any other bills that would provide visas
to aliens with advanced degrees in science, technology, engineering, or math
(STEM) fields, or STEM visas generally.
He also said that the agenda of the SJC includes gun issues, including
"how we manage the exposure of children to violence in popular
media".
See,
story
titled "Guns, Video Games, Apps, and Video Programming" in TLJ Daily E-Mail
Alert No. 2,509, January 16, 2013.
Sen. Leahy continued that "I am concerned about the growing use
of drones by federal and local authorities to spy on Americans here at
home. This fast-emerging technology is cheap and could pose a significant
threat to the privacy and civil liberties of millions of Americans. It is
another example of a fast-changing policy area on which we need to focus
to make sure that modern technology is not used to erode Americans' right
to privacy, and this will be the subject of hearings this Congress."
He also stated "I will keep pushing to update our privacy laws to
address emerging technology and the Internet, including the Electronic
Communications Privacy Act and cybersecurity laws."
The SJC passed two ECPA related bills late in the 112th Congress.
First, it approved HR 2471
[LOC |
WW
| HTML], an untitled bill
that, as amended by the SJC, would require a warrant for accessing cloud stored
e-mail. See also, story titled "Senate Judiciary Committee Approves Leahy
Bill to Require Warrant for Accessing Cloud Stored E-Mail" in
TLJ Daily E-Mail
Alert No. 2,479, November 30, 2012.
Second, it approved S 1223
[LOC |
WW],
the "Location Privacy Protection Act of 2011". See, story titled
"Senate Judiciary Committee Holds Over Geolocation Data Bill" in
TLJ Daily E-Mail
Alert No. 2,485, December 7, 2012, and "Capitol Hill News" in
TLJ Daily E-Mail
Alert No. 2,490, December 14, 2012.
Finally, Sen. Leahy said that "We must also reauthorize the satellite
TV license, make books accessible to those with visual disabilities, and create
incentives for innovation."
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FAA Act and Proposed Rule Limit Flight Crew
Use of Laptops and Wireless Devices on Aircraft |
1/15. The Department of Transportation's (DOT)
Federal Aviation Administration (FAA) published a
notice
in the Federal Register (FR) that announces, describes, recites, and sets the
comment deadline for, its proposed rule regarding limiting flightcrew members
personal use of personal wireless communications devices or laptop computers on
aircraft.
However, this proposed rule would merely implement by rule the parallel
statutory prohibition enacted in Section 307 of HR 658
[LOC |
WW],
the "FAA Modernization and Reform Act of 2012".
The proposed rule provides that "During all flight time as defined in
14 CFR 1.1, no flight crewmember may use, nor may any pilot in command permit
the use of, a personal wireless communications device or laptop computer while
at a flight crewmember duty station unless the purpose is directly related to
operation of the aircraft, or for emergency, safety-related, or
employment-related communications, in accordance with air carrier procedures
approved by the Administrator."
The deadline to submit comments is March 18, 2013. See, FR, Vol. 78, No. 10
January 15, 2013, at Pages 2912-2916.
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Web Sites Dedicated to
Infringing Activity, One Year After |
1/18. One year ago the House and Senate ceased active consideration of
two bills related to combating web sites dedicated on infringing activity.
Washington DC based groups that lobbied against the bills celebrated at
several gatherings. Some identify January 18 as "Internet Freedom
Day". On the other hand, at least one proponent of the bills wrote
that there was a silver lining in the defeat.
The House Judiciary Committee (HJC)
had begun its mark up of the House bill just before Christmas, 2011. It was
poised to complete its mark up at the start of the second session of the 112th
Congress. However, opponents of the bills waged a very successful grass roots
lobbying campaign, inducing individuals to contact their legislators to express
opposition.
House bill, sponsored by Rep. Lamar
Smith (R-TX), was HR 3261
[LOC |
WW],
the "Stop Online Piracy Act". It was also know, especially by its
opponents, as "SOPA".
The Senate bill, sponsored by Sen.
Patrick Leahy (D-VT), was S 968
[LOC |
WW],
the "Preventing Real Online Threats to Economic Creativity and Theft of
Intellectual Property Act of 2011". It is also referred to by its
proponents as the "PROTECT IP Act", and by its opponents as the
"PIPA".
After Representatives' and Senators' offices received torrents of e-mail
messages and phone calls voicing opposition, there were no further hearings or
mark ups of either bill. No replacement bills were introduced in the 112th
Congress. The affected industry sectors engaged in no meaningful negotiations.
The opponents effectively succeeded in blocking further consideration.
Ed Black, head of the Computer and
Communications Industry Association (CCIA), stated in a
release
on January 18 that "We are grateful that one year ago today Internet users,
along with public interest groups and Internet companies, halted extreme
copyright legislation that would have altered and harmed the Internet."
He added that some threats to internet freedom come from "those who want
to carve out seemingly well-intended exceptions to Internet freedom in frustrated
attempts to fix social ills. We must remain equally vigilant in protecting the
Internet from a death by a thousand cuts and direct assault. We must look at all
policies impacting the Internet, measure the intended and collateral damage and
analyze the costs and benefits carefully."
Berin Szoka, head of the Tech Freedom, stated in a
piece on January 18 that "Today we celebrate the Internet's ability
to increase freedom and improve the human condition in ways both large and
small. We unite in protecting the freedoms that have allowed the Internet to
thrive."
Katy Tasker of the Public
Knowledge (PK) wrote in a
short piece that "With a unified voice, the online community spoke
out against legislation that would have crippled the internet in the name of
copyright protection." She also asserted that, as a consequence,
"Today, copyright reform is a real possibility".
In contrast, on January 14, the
Copyright Alliance (CA) published a
piece titled "The Silver Lining of the SOPA Debate". The author
is the CA's Sandra Aistars.
She wrote that "many who seek to exploit the work of creators
without their consent will be looking backwards and celebrating last year's
defeat of those bills. So one might expect advocates for artists and creators to
be in a dour mood again, but there is ample cause for optimism among members of
the creative community."
She asserted that the debate one year ago "raised awareness about
the very nature of creativity on the internet", for the better. For
example, "Instagram users -- hobbyists and professionals alike -- revolted
when a change of terms for the free service allowed Instagram to sell photos
commercially without attribution or compensation to the photographer".
She concluded that "The conversation is clearly just beginning,
but thoughtful discussion with all of its ebbs and flows will serve us
better than the talking points and slogans that dominated the legislative
season of 2012". She also wrote that "some of the goals of the
legislation have been achieved". That is, credit card companies and
PayPal are employing "best practices to reduce sales of counterfeit
and pirated goods by cutting off sites that distribute infringing goods
from conducting financial transactions through these processors".
ISPs are collaborating on the Copyright Alert System. And, Google
"started considering whether sites are rogue websites when doing
search rankings".
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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 1998-2013 David Carney. All rights reserved.
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In This
Issue |
This issue contains the following items:
• Obama and STEM Visas
• Sen. Leahy Addresses His Tech Agenda for 113th Congress
• FAA Act and Proposed Rule Limit Flight Crew Use of Laptops and Wireless
Devices on Aircraft
• Web Sites Dedicated to Infringing Activity, One Year After
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Washington Tech
Calendar
New items are highlighted in
red. |
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Tuesday, January 22 |
The House will meet at 10:00 AM for morning hour,
and at 12:00 NOON for legislative business. There are no technology
related items on the agenda. See, Rep. Cantor's
schedule.
10:00 AM. The
House Commerce Committee (HCC) will hold its organizational meeting
for the 113th Congress. See,
notice. Location: Room 2123, Rayburn Building.
12:30 PM. The House
Oversight and Government Reform Committee (HOGRC) will hold its
organizational meeting for the 113th Congress. Location: Room 2154,
Rayburn Building.
1:00 PM. The House
Oversight and Government Reform Committee (HOGRC) will hold a
hearing titled "Wasting Information Technology Dollars: How Can
the Federal Government Reform its IT Investment Strategy?". See,
notice. Location: Room 2154, Rayburn Building.
2:30 PM. The
Senate Intelligence Committee (SIC) will hold a closed hearing
on undisclosed topics. See,
notice. Location: Room 219, Hart Building.
3:30 - 5:15 PM. The
American Enterprise Institute (AEI) will host an event titled
"China in 2013 and Beyond". The speakers will be Frank
Lavin (Export Now),
Carolyn
Bartholomew (US-China Economic and Security Review Commission), Dan
Blumenthal (AEI), Phillip Swagel (AEI), and Danielle Pletka (AEI). Webcast.
Free. Open to the public. See,
notice.
For more information, contact Lara Crouch at lara dot crouch at aei dot org or
202-862-7160. Location: AEI, 12th floor, 1150 17th St., NW.
5:00 PM. Deadline to submit reply comments to the
Copyright Office (CO) in response to
its
notice in the Federal Register regarding its proposed fee schedule for
filing cable and satellite statements of account. See, FR, Vol. 77, No.
235, December 6, 2012, at Pages 72788-72791.
Day one of a two day conference titled "State of
the Net Conference". Prices vary. See,
notice and
registration page.
Location: Hyatt Regency, 400 New Jersey Ave., NW.
Deadline to submit reply comments to the Federal
Communications Commission (FCC) in response to its
Notice of Proposed Rulemaking (NPRM) [18 pages in PDF] regarding the
amateur radio service. The FCC adopted this NPRM on October 1, 2012, and
released the text on October 2. It is FCC 12-121 in WT Docket Nos. 12-283 and
09-209. See,
notice in the Federal Register, Vol. 77, No. 206, October 24, 2012, at
Pages 64947-64949.
EXTENDED TO FEBRUARY 13. Deadline to submit
reply comments to the Federal Communications Commission (FCC) in response
to its Notice
of Proposed Rulemaking (NPRM) regarding its licensing and operating
rules for satellite services. The FCC adopted and released this NPRM on
September 28, 2012. It is FCC 12-117 in IB Docket No. 12-267. See, original
notice in the Federal Register, Vol. 77, No. 217, November 8, 2012, at
Pages 67171-67201. See also, extension
notice in the Federal Register, Vol. 77, No. 250, December 31, 2012, at
Pages 77001-77002.
EXTENDED FROM JANUARY 7. Further extended deadline to submit
comments to the Federal Communications Commission (FCC) in response to its
November 1
Public Notice (PN) seeking updated information and comment on review of
hearing aid compatibility regulations. This PN is DA 12-1745 in WT Docket
No. 10-254. See also, November 27
extension Public Notice (DA 12-1898) and extension
notice in the Federal Register (FR), Vol. 77, No. 234, December 5, 2012,
at Pages 72294-72295, and further extension notice in the FR, Vol. 78, No. 9,
January 14, 2013, at Pages 2653-2654.
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Wednesday, January 23 |
The House will meet at 9:00 AM for
legislative business. See, Rep. Cantor's
schedule.
Day two of a two day conference titled "State of
the Net Conference". Prices vary. See,
notice and
registration page.
Location: Hyatt Regency, 400 New Jersey Ave., NW.
9:00 AM. The
House Science Committee (HSC) will hold its organizational meeting for the
113th Congress. Location: Room 2318, Rayburn Building.
9:30 AM. The U.S.
Court of Appeals (DCCir) will hear oral argument in American
Electric Power Serv. v. FCC, App. Ct. No. 11-1146. This is a challenge
to the Federal Communications Commission's (FCC) pole attachment rules.
See, April 7, 2011,
Report and Order and Order on Reconsideration [144 pages in PDF]. It is
FCC 11-50 in WC Docket No. 07-245 and GN Docket No. 09-51. See also, FCC
brief. This case is the third of three on the schedule. Judges Sentelle,
Tatel and Williams will preside. Location: USCA Courtroom, 5th floor,
Prettyman Courthouse, 333 Constitution Ave., NW.
10:00 AM. The
House Homeland Security Committee (HHSC) will hold its organizational
meeting for the 113th Congress. See,
notice.
Location: Room 311, Cannon Building.
10:00 AM. The Senate
Judiciary Committee (SJC) will hold a hearing on judicial nominations:
Nelson Roman (USDC/SDNY), Analisa Torres (USDC/SDNY),
Raymond Moore (USDC/DColo), Derrick Watson (USDC/DHaw), and Claire
Kelly (USCIT). See,
notice. Webcast. Location: Room 226, Dirksen Building.
11:00 AM. The
House Appropriations Committee (HAC) will hold its organizational meeting
for the 113th Congress. See,
notice. Location:
Room 2359, Rayburn Building.
12:00 NOON - 2:15 PM. The
Free State Foundation (FSF)
will host an event to discuss the recently published
book titled "Communications Law and Policy in the Digital Age: The
Next Five Years". The speakers will include four of the contributing
authors: Christopher
Yoo (University of Pennsylvania Law School, and author of chapter titled
"Internet Policy Going Forward: Does One Size Still Fit All?"),
Daniel Lyons (Boston College Law School, and author of chapter titled
"Reforming the Universal Service Fund for the Digital Age"),
Ellen Goodman (Rutgers School
of Law, and author of the chapter titled "Public Media Policy Reform and
Digital Age Realities"), and
Seth Cooper (author of the chapter titled "Restoring a Minimal
Regulatory Environment for a Healthy Wireless Future"). Free. Lunch
will be served. Registration require: e-mail Kathee Baker at kbaker at
freestatefoundation dot org. Location: National Press Club, 13th Floor,
529 14th St., NW.
1:00 PM. The House
Small Business Committee (HSBC) will hold its organizational meeting
for the 113th Congress. See,
notice. Location: Room 2360, Rayburn Building.
1:00 - 2:30 PM. The
American Bar Association (ABA) will host a webcast and teleconferenced
panel discussion titled "Trademark Fundamentals: The United States
Patent and Trademark Office Federal Registration Process". The
speakers will be Dawn Cassie (Navigant Consulting),
Maureen Gorman (Marshall Gerstein Borun), Casey Mangan (Allstate Insurance
Company), and Rene Guess (Procter & Gamble). Prices vary. CLE credits. See,
notice.
5:00 PM. Facebook will announce its
fourth quarter and fiscal 2012 financial results. See,
notice.
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Thursday, January 24 |
House schedule. See, House
calendar
for 113th Congress, 1st Session, and Rep. Cantor's
schedule.
9:00 - 10:30 PM. The
Information Technology and Innovation Foundation (ITIF) will host a
panel discussion titled "Data Innovation in Government".
The speakers will be Robert Bectel (Department of Energy), Teresa Carlson
(Amazon Web Services),
Richard
Culatta (Department of Education), David Forrest (Department of Health
and Human Services), Jason O'Connor (Lockheed Martin), and
Daniel Castro (ITIF).
See, notice.
Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.
10:00 AM. The Senate
Foreign Relations Committee (SFRC) will hold a hearing on the
nomination of John Kerry to be Secretary of State. See,
notice. Location: Room 216, Hart Building.
12:00 NOON - 1:15 PM. The
American Bar Association's (ABA)
Section of Antitrust Law will host a teleconferenced panel discussion titled
"Recent Developments in Two-Sided Markets in US and Canada".
The speakers will be
Micah Wood
(Blakes),
David Evans (Global Economics Group),
Roger Ware (Queens
University), and Leah Brannon
(Cleary Gottlieb). Free. No CLE credits. See,
notice.
12:00 NOON - 3:00 PM. The
Information Technology and Innovation Foundation (ITIF) will host a panel
discussion titled "Data Innovation in the U.S. Economy". The
speakers will be William Chernicoff (Toyota Motor North America), Scott Neuman
(Opower), and Daniel
Castro (ITIF). See,
notice.
Location: Reserve Officers Association, 5th Floor, One Constitution
Ave., NE.
1:00 PM. The US
Telecom and ADTRAN will host a webcast seminar titled "Vectoring
Demystified". Free. See,
notice.
2:30 PM. The
Senate Intelligence Committee (SIC) will hold a closed hearing on
undisclosed topics. See,
notice. Location: Room 219, Hart Building.
6:30 - 8:00 PM. The Federal
Communications Bar Association (FCBA) Legislative Committee will host
an event titled "Communications and Technology Policy in the 113th
Congress". The participants will include House and Senate staff.
No webcast. Closed to reporters. No CLE credits. Location: Georgetown
University law school, Gewirz Student Center, 12th Floor, 120 F
St., NW.
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Friday, January 25 |
House schedule. See, House
calendar
for 113th Congress, 1st Session, and Rep. Cantor's
schedule.
12:00 NOON - 1:00 PM. The
American Bar Association's (ABA)
Section of Antitrust Law will host a teleconferenced panel discussion
titled "Criminal Antitrust Update". The speakers will be
Anne Marie Cushmac (SunTrust Banks),
Mark Rosman (Wilson Sonsini),
Jeff VanHooreweghe (Wilson Sonsini), and
Creighton Macy (Wilson Sonsini). Free. No CLE credits. See,
notice.
Deadline to submit written comments to the
U.S. Patent and Trademark Office (USPTO)
regarding its January 11, 2013 roundtable on the possibility of changing USPTO
rules of practice to require the disclosure of real party in interest
information during patent prosecution and at certain times post-issuance.
See,
notice in the Federal Register, Vol. 77, No. 227, November 26, 2012, at
Pages 70385-70389. See also, story titled "USPTO to Host Roundtable on
Requiring Real Party in Interest Disclosures" in
TLJ Daily E-Mail
Alert No. 2,483, December 5, 2012.
EXTENDED FROM DECEMBER 21. Extended deadline to submit
initial comments to the Federal Communications Commission (FCC) in response to its
Notice of Proposed Rulemaking (NPRM) [205 pages in PDF] regarding
incentive auctions. The FCC adopted this NPRM on September 28, and
released the text on October 2. It is FCC 12-118 in Docket No. 12-268. See,
notice in the Federal Register, Vol. 77, No. 225, November 21, 2012,
at Pages 69933-69992. See also, stories titled "FCC Adopts NPRM on Incentive
Auctions" and "FCC Adopts Spectrum Aggregation NPRM" in
TLJ Daily E-Mail
Alert No. 2,455, October 1, 2012. See, extension
notice in the Federal Register, Vol. 77, No. 239, December 12, 2012, at
Page 73969.
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Monday, January 28 |
The House will not meet the week of January 28
through February 1. See, House
calendar
for 113th Congress, 1st Session.
11:00 AM - 12:00 NOON. The
Heritage Foundation (HF) will
host a panel discussion titled "REAL ID Realities: Perspectives
on the Future of the REAL ID Program". The speakers will be
Jennifer Cohan (Delaware Division of Motor Vehicles), Lori Rectanus
(Government Accountability Office),
Andrew Meehan (Coalition for A Secure Driver’s License), and
Jessica
Zuckerman (HF). Free. Open to the public. Webcast. See,
notice.
Location: HF, 214 Massachusetts Ave., NE.
12:15 - 1:30 PM. The Federal
Communications Bar Association's (FCBA) Intellectual Property
Committee will host a closed brown bag lunch. The speakers will discuss
HR 6480 and S 3609 (112th Congress), the "Internet Radio
Fairness Act". The speakers will be Harley Geiger (staff of
Rep. Zoe Lofgren (D-CA)), Troy
Stock (staff of Rep. Jason
Chaffetz (R-UT)), Brieanne Elpert
(SoundExchange), Lee Knife
(Digital Media Association), and
Brendan Kelsay (Clear Channel). Free. Closed to reporters. No CLE credits.
Location: Dow Lohnes, 1200 New
Hampshire Ave., NW.
Deadline to submit comments to the Department of
Commerce's (DOC) Bureau of Industry and
Security (BIS) in response to its
notice that announces proposed removals from the Commerce Control List of
certain Category XI items, which pertain to military electronics, and which
include telecommunications equipment and software. See, Federal Register, Vol.
77, No. 229, November 28, 2012, at Pages 70945-70955.
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Tuesday, January 29 |
9:30 AM. The Department of Commerce's (DOC)
Bureau of Industry and Security's
(BIS) Sensors and Instrumentation Technical Advisory Committee will
meet. See,
notice in the Federal Register, Vol. 78, No. 5, January 8, 2013, at
Page 1198. Location: DOC, Hoover Building, Room 6087B, 14th Street between
Constitution and Pennsylvania Aves., NW.
12:15 - 1:30 PM. The
Federal Communications Bar Association's (FCBA) Young Lawyers Committee
and Wireline Committee will host a brown bag lunch titled "Growing
the Skill Set -- a Focus on Continuous Career Development". The
speakers will include Jessica Almond (Chief of Staff of the FCC's Wireless
Telecommunications Bureau), Chris McCabe (
CTIA), Melissa Newman (CenturyLink), Barry Ohlson (Cox Enterprises),
Mike
Senkowski (Wiley Rein), and
Davina Sashkin
(Fletcher Heald & Hildreth). Free. No CLE credits. Location:
Wiley Rein,
10th Floor Conference Room, 1750 K St., NW.
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