6th Circuit Addresses Meaning of Trade
Secret |
2/4. The U.S. Court of Appeals
(6thCir) issued its
opinion
in US v. Howley, affirming convictions of two persons for stealing trade
secrets, in violation of
18 U.S.C. § 1832(a).
Roberts and Howley worked for Wyko Tire Technology. Wyko is a
contractor of Goodyear, which makes, among other things, tires for large
earthmoving vehicles. Wyko also had a contract to supply HaoHua South China
Rubber Company, a company owned by the government of the People's Republic
of China (PRC), with with parts used in making such tires. However, Wyko
lacked the requisite technology.
Roberts and Howley visited a Goodyear factory which made the type of
tires that HaoHua also wanted to make. The factory was surrounded by a fence.
Visitors had to pass through a security checkpoint. The two men signed
secrecy agreements with Goodyear. They were told by a security guard that no
cameras were allowed inside the Goodyear factory. But, when briefly left
alone, they used a cell phone camera to photograph a device they sought
to replicate for HaoHua.
Wyko e-mail correspondence also demonstrated that the two knew
that HaoHua sought to compete with Goodyear in making tires for large
earthmoving vehicles, and that obtaining technology from Goodyear would help
Wyko to help HaoHua to do this.
They e-mailed the photos to HaoHua. However, another Wyko employee, its
IT manager, saw the e-mails, suspected wrongdoing, and copied them to
Goodyear, which reported the matter to the FBI.
The Department of Justice (DOJ) obtained grand jury indictments. The trial
jury convicted both men. See, story titled "Two Engineers Convicted of
Theft of Trade Secrets for PRC by Cell Phone Camera" in
TLJ Daily E-Mail
Alert No. 2,178, December 14, 2010.
However, the District Court sentenced them to serve only four months of home
confinement, 150 hours of community service, and four years of probation.
The defendants appealed their convictions. At issue is whether
the machines in the photographs constitute trade secrets within the meaning of
criminal prohibition. The DOJ appealed their slap on the wrist sentences. The
Court of Appeals affirmed the conviction, and reversed the sentences.
The Congress amended Section 1832 in December of 2012, but not in a manner
that would affect this case. See, S 3642
[LOC |
WW],
the "Theft of Trade Secrets Clarification Act of 2012", in the
112th Congress. See also, stories titled "Senate Passes Theft of Trade
Secrets Clarification Act" in
TLJ Daily E-Mail
Alert No. 2,477, November 28, 2012, "House Passes Theft of Trade Secrets
Clarification Act" in
TLJ Daily E-Mail
Alert No. 2,494, December 19, 2012, and "Obama Signs Theft of Trade
Secrets Clarification Act" in
TLJ Daily E-Mail
Alert No. 2,500, December 31, 2012,
The statutory language in effect at the time the defendants took the
photographs, provided, in part, that "Whoever, with intent to convert
a trade secret, that is related to a product or service used in or intended
for use in interstate or foreign commerce, to the economic benefit of
anyone other than the owner thereof, and intending or knowing that the
offense will, injure any owner of that trade secret, knowingly ... without
authorization copies, duplicates, sketches, draws, photographs, downloads,
uploads, alters, destroys, photocopies, replicates, transmits, delivers,
sends, mails, communicates, or conveys such information" shall be
punished.
Section 1832 does not define trade secret. However,
18 U.S.C. § 1839
does.
A "trade secret" is "all forms and types of financial,
business, scientific, technical, economic, or engineering information, including
patterns, plans, compilations, program devices, formulas, designs, prototypes,
methods, techniques, processes, procedures, programs, or codes, whether tangible
or intangible, and whether or how stored, compiled, or memorialized physically,
electronically, graphically, photographically, or in writing if --
(A) the owner thereof has taken reasonable measures to keep such information
secret; and (B) the information derives independent economic value, actual or
potential, from not being generally known to, and not being readily
ascertainable through proper means by, the public".
The Court of Appeals wrote that "Not all business knowledge is a
trade secret", but that the machinery at issue includes trade secrets,
because Goodyear took "reasonable measures to keep such information
secret" within the meaning of Section 1832, and the defendants
photographed the machinery "without authorization" and
"intending or knowing that the offense will ... injure any owner of that
trade secret" within the meaning of Section 1839.
The defendants also argued on appeal that Section 1832 is unconstitutionally
vague. The Court of Appeals rejected this, in part because it rejected this
argument in its 2002 opinion in US v. Yang, 281 F.3d 534.
The Court added, "Nor is there anything about this prosecution that
suggests Roberts and Howley were trapped by a hopelessly vague line between
what the law allows and what it proscribes. Ordinary people in Roberts’ and
Howley’s shoes would readily know that Goodyear’s designs were trade secrets.
And they would readily know that § 1832 prohibits stealing those designs.
Nothing about the statute suggests that it permits arbitrary and
discriminatory enforcement, and indeed Roberts and Howley do not argue
otherwise. As applied to Roberts and Howley, this statute is not
unconstitutionally vague."
This case is USA v. Sean Edward Howley and Clark Alan Roberts,
U.S. Court of Appeals for the 6th Circuit, App. Ct. Nos. 11-6040, 11-6071 and
11-6194, appeals from the U.S. District Court for the Eastern District of
Tennessee at Knoxville, D.C. No. 3:08-cr-175, Judge Thomas Phillips presiding.
Judge Sutton wrote the opinion of the Court of Appeals, in which Judges Siler
and McKeague joined.
|
|
|
BLS Reports January 2012
Employment Data |
2/1. The Department of Labor's (DOL) Bureau
of Labor Statistics (BLS) released employment data for the U.S. for the
month of January 2013. The BLS stated in a
release that the seasonally adjusted unemployment rate in the US in January
was 7.9%. This is an increase from December, when it was 7.8%.
The BLS stated in its release that this is "essentially
unchanged" from December. When the BLS first reported the December
unemployment rate, on January 4, it stated that it was 7.8%, and that this
was unchanged from November. (It still reports 7.8% for December.) And,
when the BLS first reported the November unemployment rate, on December 7,
it stated that it was 7.7%. (It has since revised that to 7.8%.)
Due to revisions and the BLS's elastic use of the English language, the
unemployment rate has unchanged from 7.7% to 7.9% in the last two months.
Once again, a bright spot in the BLS employment data is that total
employment in the category of "Computer systems design and related services"
continued to grow in January.
BLS Table A-1,
which is based on household surveys, shows that the seasonally adjusted total
labor force grew from 155,511,000 to 155,654,000, an increase of 143,000. The
labor force participation rate remained constant at 63.6%. This same table
shows that total employment grew from 143,305,000 to 143,322,000, an increase
of 17,000 persons with jobs. The BLS reported that total unemployment increased
from 12,206,000 to 12,332,000, an increase of 126,000 unemployed people.
The unemployment rate in January, with less rounding, was 7.9227%.
BLS Table B-1,
which is based upon business surveys, reveals employment trends in various
industry sectors, including information and communications technology (ICT)
sectors. The BLS's categories do not facilitate precise analysis of trends in
ICT. Nevertheless, the data set out in the table below contains ICT related
categories. (This table also includes legal services because most of the
subscribers to TLJ are lawyers.)
The table below contains ICT related excerpts from the BLS table titled
"Table B-1. Employees on nonfarm payrolls by industry sector and selected
industry detail". This is the seasonally adjusted data.
|
|
|
Table: Total Number
of Employees in Thousands by ICT Industry Sector |
|
Jan
2012 |
Nov
2012 |
Dec
2012 |
Jan
2013 |
Manufacturing: |
|
|
|
|
Computer & peripheral equipment |
157.8 |
158.5 |
158.5 |
159.7 |
Communication equipment |
111.3 |
108.1 |
108.2 |
107.6 |
Semiconductors & electronic comp. |
385.2 |
381.1 |
383.1 |
383.6 |
Information Services: |
|
|
|
|
Publishing industries, except Internet |
741.0 |
732.7 |
730.2 |
731.6 |
Motion picture & sound recording |
356.6 |
386.0 |
388.3 |
388.0 |
Broadcasting, except Internet |
284.8 |
284.3 |
285.4 |
285.6 |
Telecom. |
869.2 |
854.1 |
850.1 |
855.0 |
Data processing, hosting & related serv. |
248.3 |
249.9 |
251.5 |
252.6 |
Other information services |
169.7 |
177.8 |
176.0 |
177.9 |
Professional Services: |
|
|
|
|
Legal services |
1,119.1 |
1,126.1 |
1,128.0 |
1,125.6 |
Computer systems design & related serv. |
1,575.8 |
1,655.2 |
1,659.6 |
1,664.2 |
Source: BLS, February 1, 2013 employment report, Table B-1. |
|
|
Sen. Leahy Seeks to Move 16
Judicial Nominees |
2/4. The Senate Judiciary
Committee (SJC) released an expanded
agenda for its executive business meeting on February 7, 2013. It includes
16 judicial nominees.
The SJC held an executive business meeting on January 31 at which it held
over consideration of the three judicial nominees on that agenda: Richard
Taranto (USCA/FedCir), Robert Bacharach (USCA/10thCir), and
William Kayatta (USCA/1stCir). All three are again on the agenda
for the SJC's meeting on February 7.
SJC
rules allow any member to hold over a bill or nomination for one week.
Sen. Patrick Leahy (D-VT), the
Chairman of the SJC, may be burning through these holds.
Sen. Charles Grassley (R-IA),
the ranking Republican on the SJC, pointed out that Sen. Leahy is bringing to
a vote in the 113th Congress nominees who were the subject of hearings in the
112th Congress. This, he said, is disrespectful of the three new members of the
SJC, Sen. Jeff Flake (R-AZ),
Sen. Ted Cruz (R-TX), and
Sen. Mazie Hirono (D-HI).
Sen. Leahy urged the SJC to approve Taranto, Bacharach and Kayatta. He said
that Sen. Susan Collins (D-ME)
supports Kayatta, but said nothing about Taranto or Bacharach.
The Taranto nomination, which was filibustered in the 112th Congress,
could have the greatest impact upon technology law, because he has been
nominated for the U.S. Court of Appeals
(FedCir). See also,
story
titled "Richard Taranto and the Federal Circuit" in
TLJ Daily
E-Mail Alert No. 2,497.
In addition to Taranto, Bacharach and Kayatta, the February 7 agenda
includes consideration of 13 other judicial nominees who were nominated in
the 112th Congress, and re-nominated by President Obama on January 3,
2013.
The agenda lists Patty Schwartz (USCA/3rdCir) and Caitlin
Halligan (USCA/DCCir). Schwartz was filibustered in the 112th Congress.
Halligan is General Counsel in the
Manhattan District
Attorneys Office in New York, but has been nominated for the
U.S. Court of Appeals (DCCir). Her
nomination is particularly controversial, because President Obama is trying to
give her the seat that Democrats long kept vacant during the Bush
administration. She was technically not subject to a filibuster at the close of
the 112th Congress, but she had been earlier, and a cloture vote failed.
The agenda also lists Katherine Failla (USDC/SDNY), Troy Nunley (USDC/EDCal),
and Pamela Ki Mai Chen (USDC/EDNY). All three were approved by the SJC in the
112th Congress, but not until just before it adjourned.
The agenda also lists Andrew Gordon (USDC/DNev), Ketanji Jackson
(USDC/DC), Raymond Moore (USDC/DColo), Beverly O'Connell (USDC/CDCal), Analisa
Torres (USDC/SDNY), and Derrick Watson (USDC/DHa). These nominations were
pending in the SJC at the close of the 112th Congress.
Finally, the agenda also lists Mark Barnett and Claire Kelly
who have been nominated for the U.S. International
Trade Commission (USITC), which has jurisdiction over intellectual property
based import exclusion orders.
Absent from this agenda is William Orrick (USDC/NDCal). He was
filibustered in the 112th Congress, and re-nominated by Obama on January 3.
The SJC has not yet held a hearing on the nomination of Valerie Caproni,
a former FBI General Counsel, to be a Judge of the USDC/SDNY. See,
story
titled "Obama Nominates Caproni to District Court" in
TLJ Daily E-Mail
Alert No. 2,474, November 19, 2012, and her SJC
questionnaire responses.
|
|
|
More Judicial
Appointments |
2/4. President Obama re-nominated
Scott
Kieff to be a member of the U.S.
International Trade Commission for the term expiring June 16, 2020.
See, White House news office
release. President Obama first nominated him on September 11, 2012. He
is a professor at George Washington University law school. He is a Republican
pick for one the six seats on the USITC. The USITC is not an Article III court.
However, it exercises judicial authority in
Section 337 (19
U.S.C. § 1337) proceedings regarding orders that exclude the importation
into the US of articles that infringe intellectual property rights.
1/31. President Obama nominated Jane Kelly to be a Judge of the
U.S. Court of Appeals (8thCir).
See, White House news office
release and
release. She has been an Assistant Federal Public Defender in the Northern
District of Iowa since 1994.
1/31. President Obama nominated
Gregory Phillips
to be a Judge of the U.S. Court of
Appeals (10thCir). See, White House news office
release and
release. He is the Attorney General of Wyoming.
1/31. Jeremy Parish, the
Senate Judiciary Committee's (SJC) Chief Counsel for Nominations Oversight,
left the SJC. Sen. Patrick Leahy
(D-VT) and Sen. Charles Grassley
(R-IA) praised his work at the SJC's January 31 meeting. He received an ovation
from Democratic and Republican Senators and staff.
|
|
|
More People and
Appointments |
2/5. The National Science Foundation
(NSF) announced in a
release that its Director,
Subra
Suresh, will leave at the end of March. He will become President
of Carnegie Mellon University on July 1,
2013. See also, White House news office
release.
2/1.
Jonathan
Leibowitz (at left) announced in a
release that he will
leave the Federal Trade Commission (FTC)
on February 15, 2013. He has been a Commissioner since 2004, and Chairman
since 2009. See also,
statement by Sen. Patrick Leahy
(D-VT).
2/1. President Obama nominated James Stock to be a member of the
Executive Office of the President's (EOP)
Council of Economic
Advisors (CEA). See, White House news office
release. He has briefly been Chief Economist of the CEA. Before that, he
was a professor at Harvard University.
2/1. Mark
Sullivan, Director of the U.S.
Secret Service (USSS) since 2006, will leave. In addition to its protective
and anti-currency counterfeiting functions, the USSS has responsibilities in
investigating certain crimes involving computers, counterfeiting of credit
cards and identification documents, and other threats to payment and financial
systems. See, DHS
release.
1/30. The
Copyright Office (CO) announced in
a release
that Karyn Claggett (at right) has been named Associate Register of
Copyrights and Director of Policy & International Affairs. She has
worked at the CO since March of 2011. Before that, she worked at the
Department of Justice (DOJ) on
intellectual property issues. She has also worked for the
Recording Industry Association of America
(RIAA) and for the law firm of Williams &
Connolly.
1/30. The Department of Justice (DOJ)
announced in a
release
that Lanny
Breuer (at left), Assistant Attorney General in charge of the
Criminal Division, will leave on
March 1, 2013.
1/30. Ray LaHood, Secretary of Transportation, will leave the
Department of Transportation (DOT). See,
DOT
release and
statement by President Obama.
1/29. The Senate confirmed John Kerry to be Secretary of State by a
vote of 94-3. See,
Roll Call No. 5.
1/29. Sen. Orrin Hatch (R-UT),
the ranking Republican on the Senate
Finance Committee (SFC), announced minority staff changes. Kimberly
Brandt will be Chief Oversight Counsel. Bryan Hickman will be
Senior Counsel. Jay Khosla will be both Chief Health Counsel and Policy
Director. See,
release.
1/26. Sen. Tom Harkin
(D-IA) announced in a
release
that he will not seek re-election in 2014.
1/25. President Obama announced changes to his White House staff. Lisa
Monaco will be Assistant to the President for Homeland Security and
Counterterrorism and Deputy National Security Advisor. She was previously
Assistant Attorney General in charge of the Department of Justice's (DOJ)
National Security Division. See,
White House news office
release.
|
|
|
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.
|
|
|
|
In This
Issue |
This issue contains the following items:
• 6th Circuit Addresses Meaning of Trade Secret
• BLS Reports January 2012 Employment Data
• Table: Total Number of Employees in Thousands by ICT Industry Sector
• Sen. Leahy Seeks to Move 16 Judicial Nominees
• More Judicial Appointments
• More People and Appointments
• More News |
|
|
Washington Tech
Calendar
New items are highlighted in
red. |
|
|
Thursday, February 7 |
Rep. Cantor's schedule
states that no votes are expected in the House.
The Senate will meet at 9:30 AM.
8:30 - 11:15 AM. Day two of a two day meeting of the
National Institute of Standards and Technology's (NIST)
Visiting Committee on Advanced
Technology (VCAT). See,
notice in the Federal Register, Vol. 78, No. 2, January 3, 2013, at
Page 292. Location: NIST, Portrait Room, Administration Building, 100
Bureau Drive, Gaithersburg, MD.
8:30 AM - 5:00 PM. The
American Council for Technology Industry Advisory Council (ACT-IAC)
will host an event titled "Executive Management Series on
Mobility". Prices vary. See,
notice. Location: American Institute of Architects, 1735 New York
Ave., NW.
8:45 AM - 5:00 PM. The Federal Communications Commission's
(FCC) Federal-State Joint Conference on Advanced Services will host an
event titled "Broadband Summit". See,
notice. Webcast.
Free. Open to the public. Location: FCC, Commission Meeting Room, TW-C305,
445 12th St., SW.
9:00 AM - 4:15 PM. The U.S.
China Economic and Security Review Commission (USCESRC) will hold an event
titled "China’s New Leadership and Implications for the United
States". Free. Open to the public. See, USCESRC
notice and
notice in the Federal Register, Vol. 78, No. 23, February 4, 2013, at
Pages 7859-7860. Location: Room 2118, Rayburn Building.
10:00 AM. The
Senate Judiciary Committee (SJC) will hold an executive business
meeting. The agenda again includes consideration of three appeals court
nominees: Richard Taranto (USCA/FedCir), Robert Bacharach
(USCA/10thCir), and William Kayatta (USCA/1stCir). See,
notice. See also,
story
titled "Richard Taranto and the Federal Circuit" in
TLJ Daily
E-Mail Alert No. 2,497. Webcast. Location: Room 226, Dirksen Building.
10:00 AM. The
U.S. Court of Appeals (FedCir)
will hear oral argument in FlashPoint Technology v. USITC, App.
Ct. No. 2012-1149, and appeal from the U.S.
International Trade Commission (USITC) in a Section 337 proceeding
regarding HTC and electronic imaging devices. Location: Courtroom 402.
10:00 AM. The
U.S. Court of Appeals (FedCir)
will consider on the briefs Martin Feiffin v. Microsoft, App.
Ct. No. 2012-1357. Location: Courtroom 201.
2:30 PM. The
Senate Intelligence Committee
(SIC) will hold a hearing on the nomination of John Brennan to be
Director of the Central Intelligence Agency
(CIA). See,
notice. Location: Room 216, Hart Building.
6:00 - 8:00 PM. The
Federal Communications Bar Association (FCBA) will host an event titled
"Seminar on Enforcement Bureau Nuts and Bolts". The deadline
for reservations and cancellations is 12:00 NOON on February 6.
Prices vary. CLE credits. See,
notice. Location:
Drinker Biddle & Reath, 1501 K
St., NW.
|
|
|
Friday, February 8 |
Rep. Cantor's schedule
states that no votes are expected in the House.
9:00 AM - 2:00 PM. The
Heritage Foundation (HF) and Taiwan
Benevolent Association of America (TBAA) will host an event titled
"Shoring Up the US Taiwan Partnership". The speakers
will be Sen. John Cornyn
(R-TX), Walter
Lohman (HF), Taidi Fang (TBAA President), Joanna Lei (former member of the
Legislative Yuan), Rupert Chambers (U.S.-Taiwan Business Council President),
Claude Barfield
(American Enterprise Institute),
Matthew Goodman (Center
for Strategic and International Studies), Derek Scissors (HF), Randy Schriver
(Project 2049), Dean Cheng (HF), Stephen Yates (DC International Advisory),
and Vincent Wang (University of Richmond). Webcast by HF. Free. Open to the
public. Lunch will be served. See,
notice.
Location: HF, 214 Massachusetts Ave., NE.
10:00 AM. The U.S.
Court of Appeals (FedCir) will hear oral argument en banc in
Robert Bosch v. Pylon Manufacturing, App. Ct. No. 2011-1363,
an appeal from the U.S. District Court
(DDel) in patent infringement case involving windshield wipers. The August
7, 2012
order of the Federal Circuit which sua sponte ordered rehearing en banc
states that the issue are (1) "Does 28 U.S.C. § 1292(c)(2) confer jurisdiction
on this Court to entertain appeals from patent infringement liability
determinations when a trial on damages has not yet occurred?", and
(2) "Does 28 U.S.C. § 1292(c)(2) confer jurisdiction on this Court to
entertain appeals from patent infringement liability determinations when
willfulness issues are outstanding and remain undecided." See also,
October 13, 2011
opinion of the three judge panel of the Federal Circuit,
amicus curiae brief of the IPO, and
amicus curiae brief of the AIPLA. Location: Courtroom 201.
10:00 AM. The U.S.
Court of Appeals (FedCir) will hear oral argument en banc in CLS
Bank v. Alice Corporation, App. Ct. No. 2011-1301, an appeal from the
U.S. District Court (DC) in a
software patent infringement case. At issue is patent eligibility
under 35 U.S.C. § 101. The Federal Circuit's October 9, 2012 order granting
rehearing en banc states that the two issues are (1) "What test should
the court adopt to determine whether a computer-implemented invention is a
patent ineligible "abstract idea"; and when, if ever, does the
presence of a computer in a claim lend patent eligibility to an otherwise
patent-ineligible idea?", and (2) "In assessing patent eligibility
under 35 U.S.C. § 101 of a computer-implemented invention, should it matter
whether the invention is claimed as a method, system, or storage medium;
and should such claims at times be considered equivalent for § 101
purposes?". See also, July 9, 2012
opinion
of the three judge panel,
amicus curiae
brief of the CCIA,
amicus curiae
brief of the BSA, and
amicus curiae
brief of Twitter, LinkedIn, Travelocity, and others. Location: Courtroom
201.
Deadline for all parties, except foreign governments to submit
comments, and requests to testify at the February 20, 2013 hearing, of the
Office of the U.S. Trade Representative
(OUSTR) to assist it in making its Special 301 identifications of
countries that deny adequate and effective protection of intellectual
property rights (IPR) or deny fair and equitable market access to U.S.
persons who rely on intellectual property protection. See, story titled
"OUSTR Seeks Special 301 Comments on Countries that Deny Adequate IPR
Protection" in
TLJ Daily E-Mail Alert No. 2,500, December 31, 2012. See also,
notice in the Federal Register, December 31, 2012, Vol. 77, No. 250, at
Pages 77178-77180.
|
|
|
Monday, February 11 |
2:30 - 3:30 PM. The Center for
Strategic and International Studies (CSIS) will host an event titled
"The Future of the WTO". The speakers will be Anabel
González (Costa Rica Minister of Foreign Trade), John Murphy
(U.S. Chamber of Commerce), Linda
Dempsey (National Association of
Manufacturers), and Scott
Miller (CSIS). Free. Open to the public. See,
notice. Location: CSIS, Room
B1, 1800 K. St., NW.
6:00 - 8:15 PM. The DC Bar
Association will host a program titled "Export Controls and
Economic Sanctions 2013: Recent Developments and Current Issues".
The speakers will be Carol Kalinoski and Thomas Scott
(Ladner & Associates). 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.
|
|
|
Tuesday, February 12 |
9:00 - 10:30 AM. The
Information Technology and Innovation Foundation (ITIF) will host
a panel discussion titled "Where Do America’s Broadband Networks
Really Stand?". The speakers will be Mindel de la Torre (Chief
of the FCC's International Bureau),
John
Horrigan (Joint Center for Political and Economic Studies),
Scott
Wallsten (Technology Policy Institute) and
Richard
Bennett (ITIF). See,
notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.
10:00 AM. The
Senate Judiciary Committee (SJC) will hold a second hearing on guns. This
hearing, of the Subcommittee on the Constitution, Civil Rights and Human
Rights, is titled "Proposals to Reduce Gun Violence: Protecting Our
Communities While Respecting the Second Amendment". Webcast. See,
notice. Location: Room 226, Dirksen Building.
6:00 - 8:15 PM. The
Federal Communications Bar Association's (FCBA) International
Telecommunications Committee will host an event titled "International
Dimensions of Cybersecurity". CLE credits. Prices vary. See,
notice. Reservations and cancellations are due by 12:00 NOON on
February 11. Location: Wiley
Rein, 1776 K St., NW.
|
|
|
Wednesday, February 13 |
8:00 AM - 5:00 PM. Day one of a three day meeting of the Department
of Commerce's (DOC) National Institute of Standards and Technology's (NIST)
Information
Security and Privacy Advisory Board (ISPAB). See,
notice in the Federal Register, Vol. 78, No. 1, January 2, 2013, at Pages
89-90. Location: United States Access Board Conference Room, Suite 800, 1331 F
St., NW.
5:30 - 6:30 PM. Google and the University of Maryland's
(UM) Maryland Cybersecurity Center
will host a lecture by Michael
Franz (UC Irvine) titled "Software Defenses Using Compiler
Techniques". Free. Registration required. See,
notice and
registration page. Location:
UM, Kim Engineering Building Lecture Hall, Room 1110, College Park, MD.
EXTENDED FROM JANUARY 22. Extended 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.
|
|
|
Thursday, February 14 |
8:00 AM - 5:00 PM. Day two of a three day meeting of the Department
of Commerce's (DOC) National Institute of Standards and Technology's (NIST)
Information
Security and Privacy Advisory Board (ISPAB). See,
notice in the Federal Register, Vol. 78, No. 1, January 2, 2013, at
Pages 89-90. Location: United States Access Board Conference Room, Suite
800, 1331 F St., NW.
9:00 - 10:30 PM. The
Information Technology and Innovation Foundation (ITIF) will host a
panel discussion titled "Making America Competitive Again:
Restoring U.S. Innovation Leadership". The speakers will be
Gary Pisano (Harvard Business School),
Willy
Shih (Harvard Business School),
Charles
Wessner (National Academies),
Alan Wolff
(McKenna Long & Aldridge), and
Robert Atkinson
(ITIF). See,
notice. Location: Room HVC-201, Capitol Visitor Center.
Extended deadline to submit initial comments to the
Federal Communications Commission (FCC) in response to its
Fifth Notice of Proposed Rulemaking [24 pages in PDF] related to its
outdated media ownership regulatory regime, and its commercial
broadcast ownership reporting requirements and FCC Form No. 323. The FCC
adopted this NPRM on October 15, 2009. The FCC again seeks comments. This
NPRM is FCC 09-92 in MB Docket Nos. 07-294, 06-121, 02-277, and 04-228, and
MM Docket Nos. 01-235, 01-317, 00-244. See,
notice in the Federal Register, Vol. 78, No. 10, January 15, 2013, at
Pages 2925-2934. See also, January 15
Public Notice [2 pages in PDF], DA 13-56.
Deadline to submit initial comments to the Federal
Communications Commission (FCC) in response to its
Sixth Further
Notice of Proposed Rulemaking [27 pages in PDF] related to its outdated
media ownership regulatory regime. This NPRM seeks comments on proposals
to increase FCC data collection burdens. The FCC adopted this item on December
21, 2012, and released the text on January 3, 2013. It is FCC 12-166 in MB
Docket No. 07-294. See,
notice in the Federal Register, Vol. 78, No. 10, January 15, 2013, at
Pages 2925-2934. See also, January 15
Public Notice [2 pages in PDF], DA 13-56.
Deadline to submit comments to the
Department of Homeland Security's (DHS)
Customs and Border Protection (CBP) regarding, and effective date of, the DHS
plan to establish a new system of records titled "U.S. Customs and Border
Protection, DHS/CBP-004-Intellectual Property Rights e-Recordation and Search
Systems System of Records". See,
notice in the Federal Register, Vol. 78, No. 10, January 15, 2013, at
Pages 3015-3019.
|
|
|
More News |
2/4. The Department of Commerce's (DOC)
National Telecommunications and Information Administration's (NTIA)
announced that its Commerce
Spectrum Management Advisory Committee (CSMAC) will meet on Thursday,
February 21, 2013, in Stanford, California, from 9:00 AM to 12:00 NOON. See,
notice
in the Federal Register, Vol. 78, No. 23, February 4, 2013, at Page 7758. The
NTIA will webcast this event. The committee will hear report for five working
groups (WG):
- WG1 1695-1710 MHz Weather Satellite Receive Earth Stations
- WG2 1755-1850 MHz Law Enforcement Surveillance and other short-range fixed
- WG3 1755-1850 MHz Satellite Control Links and Electronic Warfare
- WG4 1755-1850 MHz Fixed Point-to-Point and Tactical Radio Relay
- WG5 1755-1850 MHz Airborne Operations
2/1. The National Institute of Standards and
Technology's (NIST) Computer Security
Division (CSD) released its draft
SP
800-63 -2 [123 pages in PDF], titled "Electronic Authentication
Guideline". The deadline to submit comments is March 4, 2013.
1/28. The U.S. China Economic and Security
Review Commission released a
paper
[44 pages in PDF] titled "The Reliability of China’s Economic Data: An
Analysis of National Output". The author is the USCESRC's Iacob Weser.
It concludes that the People's Republic of China's (PRC) gross national produce
(GNP) "official statistics are not as reliable as those produced in the
United States and Europe". For example, "both private and state-owned
enterprises have incentives to misreport income and output -- in some cases to
avoid taxes and regulation, in other cases to appease officials."
1/22. The Consumer Electronics Association
(CEA) announced in a
release that its Index of Consumer Expectations (ICE) decreased in January.
The CEA states that this index, which it reports monthly, uses survey of
consumers to measure consumer expectations about the broader economy. The CEA
also announced that its monthly Index of Consumer Technology Expectations (ICTE)
decreased in January.
|
|
|