2/12. The European Union and the US released a joint statement that announces that the EU and US "will each initiate the internal procedures necessary to launch negotiations on a Transatlantic Trade and Investment Partnership" or TTIP.

This statement discloses little. It does state that this bilateral TTIP would be "high-standard", "would advance trade and investment liberalization and address regulatory and other non-tariff barriers", and "expand trade and investment across the Atlantic".

The statement also predicts that this TTIP may "contribute to the development of global rules that can strengthen the multilateral trading system."

President Obama referenced this announcement in his speech on the evening of February 12, 2013. He said that "we will launch talks on a comprehensive Transatlantic Trade and Investment Partnership with the European Union -- because trade that is fair and free across the Atlantic supports millions of good-paying American jobs."

The EU elaborated in a release that "it will focus on aligning rules and technical product standards which currently form the most important barrier to transatlantic trade".

The EU release adds that "Both the EU and the United States are committed to maintaining and promoting a high level of intellectual property protection, including enforcement. Given the efficiency of their respective systems, the intention is not to strive towards harmonisation, but to identify a number of specific issues where divergences will be addressed."

Finally, the EU wrote that "The US administration plans to send a notification to Congress triggering a 90-day layover period. Both sides aim to advance fast once negotiations are started."

Also, EU Trade Commissioner Karel De Gucht (at left) gave a speech on February 13 in which he stated that "this undertaking won't be easy. Ideally, we'd like to complete this work in about two years from now -- but, more paramount than speed is achieving an ambitious deal."

"First of all, we still need to dismantle any remaining traditional tariffs and then we need to make head-way on market access issues in other areas such as public procurement, services and investment." But, said De Gucht, "our main focus has to be to tackle those barriers which are behind the customs border -- such as differences in technical regulations, standards and certifications".

He said that this is "An opportunity for us ... to work toward global rules".

In November of 2001 representatives of 140 nations met in Doha, Qatar, to launch negotiations toward global trade rules. Those negotiations, sometimes referred to as the Doha round, produced no new trade agreement. See, for example, story titled "Doha, WTO and Intellectual Property Rights" in TLJ Daily E-Mail Alert No. 307, November 12, 2001, and story titled "Doha Round on Brink of Failure" in TLJ Daily E-Mail Alert No. 2,229, April 29, 2011.

Robert Holleyman, head of the Business Software Alliance (BSA), stated in a release that "Completing negotiations on a Trans-Pacific Partnership and launching talks on a comprehensive trans-Atlantic trade deal can provide a huge boost for the digital economy as we move further into the cloud era".

Holleyman added that "We need to foster the growth of a cohesive international marketplace where commercial data can flow easily across borders. Companies should be able to do business wherever there is a market for their products and services -- and customers everywhere should be able to choose from the best solutions the world has to offer. That will require countries to embrace policy frameworks that promote innovation, provide incentives to build the infrastructure to support it, and foster confidence that using information technologies will bring the anticipated benefits without sacrificing expectations of privacy, security and safety."

Tom Donohue, head of the US Chamber of Commerce, stated in a release that "The stars are finally aligned, and we urge the U.S. and EU governments to move forward swiftly to negotiate a high-standard agreement that will foster economic growth and job creation for all our citizens."

2/12. President Obama stated in his speech of February 12, 2013, that "To boost American exports, support American jobs and level the playing field in the growing markets of Asia, we intend to complete negotiations on a Trans-Pacific Partnership."

The only parties to the ongoing Trans-Pacific Partnership (TPP), also known as TPPA, negotiations are Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam, and the US.

Neither Japan, the People's Republic of China (PRC), Taiwan, or Korea are parties. Neither is the EU or any of its member states.

However, some companies and organized interests hope that a TPP agreement will become a model for other bilateral and multilateral trade agreements, and serve as a foundation for a stronger set of global trade rules.

US IP based industries seek strong IP related provisions. On the other hand, other organized interests in the US hold a competing vision for any TPP agreement.

Numerous entities addressed the matter of IP provisions in the TPP in comments submitted to the IPEC in August of 2012. See, story titled "IPEC Receives Comments Regarding Next Version of Joint Strategic Plan for IP Enforcement" and related stories in TLJ Daily E-Mail Alert No. 2,428, August 14, 2012, and "OUSTR Pleased With Progress in TPPA Negotiations" and "Rep. DeFazio Expresses Protectionist Opposition to TPPA" in TLJ Daily E-Mail Alert No. 2,448, September 14, 2012.

President Obama said nothing in his February 12 speech regarding where he stands on IP provisions in the TPP, or any other matters to be addressed by the TPP.

2/12. President Obama gave a speech in the chamber of the House of Representatives titled "State of the Union Address". He said very little about technology related areas of law or policy.

Article II, Section 2 of the Constitution states that the President "shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient". While Presidents give annual "State of the Union" speeches, they long ago stopped reporting on the "State of the Union".

President Obama delivered a political speech, bearing many of the attributes of his election campaign speeches.

Sen. Marco Rubio (R-FL) delivered a political speech in rebuttal on behalf of Congressional Republicans. Neither speech had much to do with law or policy related to information and communications technology.

However, the President spoke in vague terms about science, technology, engineering and math (STEM) education. Sen. Rubio said that "We need student aid that does not discriminate against programs that non-traditional students rely on -- like online courses".

President Obama urged legislative reform of immigration laws to "attract highly skilled entrepreneurs and engineers". Similarly, Sen. Rubio said, "We can also help our economy grow if we have a legal immigration system that allows us to attract and assimilate the world's best and brightest."

The President also stated that he signed an executive order regarding cyber security, and urged the Congress to pass cyber security legislation. But, he did not describe the contents of either.

He also announced the commencement of trade negotiations with the European Union (EU). He also said that his administration intends "to complete negotiations on a Trans-Pacific Partnership".

He did not discuss the intellectual property (IP) related components of these trade negotiations. Nor did he discuss any other IP related matters. However, he did state that "3D printing that has the potential to revolutionize the way we make almost everything". 3D printing involves numerous IP issues.

He also said that "We’ll give new tax credits to businesses that hire and invest." He did not elaborate.

2/12. Numerous bills with protectionist components have been introduced in the House in the 113th Congress. The following is an overview.

On January 23, Rep. David Cicilline (D-RI) and other Democrats introduced HR 375 [LOC | WW], the "Make It In America Manufacturing Act of 2013", a bill to provide subsidies to US manufacturers. It was referred to the House Financial Services Committee.

On January 14, Rep. Marsh Blackburn (R-TN) and Rep. Bill Huizenga (R-MI) introduced HR 221 [LOC | WW], the "Stop Mergers, Acquisitions, and Risky Takeovers Supplied by American Labor and Entrepreneurship Act of 2013" or the "SMART SALE Act of 2013". It would create a new regulatory regime at the Department of Energy (DOE) affecting mergers with, and acquisitions by, companies of the People's Republic of China (PRC) and any other country designated by the President, of US companies that have received federal energy research and development funding. Rep. Blackburn issued a release that identifies wasted federal spending, under the pretext of stimulating the economy, for companies such as Solyndra, Beacon Power and A123, as the motivation for this bill. It was referred to the House Commerce Committee (HCC) and the House Science Committee (HSC).

On January 4, Rep. Charles Boustany (R-LA) and Rep. Cedric Richmond (D-LA) introduced HR 166 [LOC | WW], the "Preventing Recurring Trade Evasion and Circumvention Act" or "PROTECT Act", a bill to create at the Department of Homeland Security's (DHS) U.S. Customs and Border Protection (CBP) a Trade Law Remedy Enforcement Division to enforce countervailing duty orders and antidumping duty orders. It was referred to the House Ways and Means Committee (HWMC).

On January 4, Rep. Mike McIntyre (D-NC) introduced HR 156 [LOC | WW], and Rep. Marcy Kaptur (D-OH) introduced HR 191 [LOC | WW]. The two bills are different, but both would provide for US withdrawal from the North American Free Trade Agreement (NAFTA). Both bills were referred to the House Ways and Means Committee (HWMC).

On January 4, Rep. Kaptur introduced HR 192 [LOC | WW]. the "Balancing Trade Act of 2013". This bill would provide that "If in 3 consecutive calendar years the United States has a trade deficit with another country of $10,000,000,000 or more, the President shall take the necessary steps to create a trading relationship with the country that would eliminate or substantially reduce that trade deficit". This bill would apply to many countries. See for example, US Census Bureau data regarding US trade deficits with the People's Republic of China (PRC), Japan, Korea, Thailand, Germany, Saudi Arabia, and India. This bill would not require the President to balance trade with nations for which there is a trade surplus. It was referred to the House Ways and Means Committee (HWMC).

On January 4, Rep. Kaptur introduced HR 194 [LOC | WW], the "Congressional Made in America Promise Act of 2013". It was referred to the House Administration Committee and the House Oversight and Government Reform Committee.

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The House bill meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

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.

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Comprehensive Immigration Reform". See, notice. Webcast. Location: Room 216, Hart Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Satellite Video 101". See, notice. Location: Room 2322, Rayburn Building.

12:00 NOON - 1:00 PM. The Heritage Foundation (HF) will host an panel discussion titled "Social Media and the Arab Spring: Revolution, Censorship, and Freedom". The speakers will be James Phillips (HF), Nancy Okail (Freedom House in Egypt), Alberto Fernandez (Department of State), and Helle Dale (HF). Free. Open to the pubic. Webcast. See, notice. Location: HF, 214 Massachusetts Ave., NE.

2:30 PM. The Senate Commerce Committee (SCC) will hold its organizational meeting for the 113th Congress. See, notice. Location: Room 253, Russell Building.

3:15 PM. The Senate Judiciary Committee (SJC) will hold a hearing on judicial nominees. The witnesses will be the nominees: Kenneth Gonzales (USDC/DNMex), Michael McShane (USDC/DOre), Nitza Alejandro (USDC/EDPenn), Luis Restrepo (USDC/EDPenn), and Jeffrey Schmehl (USDC/EDPenn). See, notice. Webcast. Location: Room 226, Dirksen Building.

4:00 PM. The House Intelligence Committee (HIC) will hold its organizational meeting for the 113th Congress. See, notice. Location: Room HVC-304, Capitol Visitor Center.

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.

7:05 PM. The Senate Foreign Relations Committee will hold its organizational meeting for the 113th Congress. See, notice. Location: Room S-116, Capitol Building.

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.

The House bill meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

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 AM. The US Telecom will host an on site and webcast event titled "USTelecom Policy Briefing: What’s the Point of Voice Regulation?". The speakers will be Harold Feld (Public Knowledge), John Mayo (Georgetown University Center for Business & Public Policy), Jonathan Nuechterlein (Wilmer Hale), and Jon Banks (US Telecom). See, notice. Free. Registration required. There will be an on site breakfast at 8:30 AM. Location: US Telecom, Suite 400, 607 14th 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.

9:30 AM. The House Judiciary Committee (HJC) will meet to adopt is oversight plan for the 113th Congress. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Intelligence Committee (HIC) will hold a hearing titled "Advanced Cyber Threats Facing Our Nation". The witnesses will be John Engler (Business Roundtable), Paul Smocer (BITS), Kevin Mandia (Mandiant), and Ken DeFontes (Baltimore Gas & Electric). Open to the public. See, notice. Location: Room HVC-210, Capitol Visitor Center.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of 13 judicial nominees, including Patty Schwartz (USCA/3rdCir) and Caitlin Halligan (USCA/DCCir), Ketanji Jackson (USDC/DC), Mark Barnett (USITC), and Claire Kelly (USITC), and the nomination of David Medine to be Chairman of the Privacy and Civil Liberties Oversight Board. See, notice. Webcast. Location: Room 226, Dirksen Building.

2:00 PM. The House Science Committee's (HSC) Subcommittee on Research will hold a hearing titled "Applications for Information Technology Research & Development". The witnesses will be Kelly Gaither (University of Texas), Kathryn McKinley (Microsoft), and Ed Lazowska (University of Washington). See, notice. Location: Room 2318, 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.

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.

The House bill meet at 9:00 AM for legislative business. See, Rep. Cantor's schedule.

Supreme Court conference day. See, Supreme Court calendar.

8:00 AM - 12:00 NOON. Day three 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.

12:00 NOON. Deadline to register to attend the FCBA's Ajit Pai lunch. See, notice.

12:30 PM. The National Press Club (NPC) will host a lunch. The speaker will be Chris Dodd, head of the Motion Picture Association of America (MPAA). Lunch will be served at 12:30 PM. The speech will begin at 1:00 PM. Prices vary. See, notice. Location: NPC, Ballroom, 13th Floor, 529 14th St., NW.

Deadline for 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.

Deadline to submit nominations to the Department of the Treasury's (DOT) Financial Crimes Enforcement Network, also known as FinCEN, for membership on the Bank Secrecy Act Advisory Group. Members must be financial institutions or trade groups. Members designate one person to represent them at meetings. New members will serve for three years. There is no pay, or remuneration for travel. See, notice in the Federal Register, Vol. 78, No. 14, January 22, 2013, at Page 4591.

The House will not meet the week of February 18 through February 22. See, House calendar for 113th Congress, 1st Session.

George Washington's birthday observed. This is a federal holiday. See, OPM list of 2013 federal holidays.

8:00 - 10:00 AM. Broadband Census News LLC will host a speech and panel discussion titled "Data Caps, Spectrum Shortages, Consumer Acceptance and WiFi". Ruth Milkman (Chief of the FCC's Wireless Telecommunications Bureau) will be the keynote speaker. The other speakers will be Serena Viswanathan (FTC's Division of Advertising Practices), Mark Cooper (Consumer Federation of America), Roger Entner ( Recon Analytics), and Nick Feamster (University of Maryland). Breakfast will be served. This event is open to the public. The price to attend is $47.12. See, notice and registration page. This event is also sponsored by Comcast, Google, ICF Intl., NCTA TIA, and US Telecom. Location: Clyde's of Gallery Place, 707 7th St., NW.

EXTENDED TO MARCH 12. Deadline to submit reply 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.

Deadline to submit comments to the Copyright Royalty Judges regarding, (1) on a motion [8 pages in PDF] of Phase I claimants for partial distribution in connection with the 2011 satellite royalty funds, and (2) as to the existence of Phase I and Phase II controversies with respect to the distribution of 2011 satellite royalty funds. See, notice in the Federal Register, Vol. 78, No. 13, January 18, 2013, at Page 4169.

Deadline to submit comments to the Copyright Royalty Judges regarding, (1) on a motion [11 pages in PDF] of Phase I claimants for partial distribution in connection with the 2011 cable royalty funds, and (2) as to the existence of Phase I and Phase II controversies with respect to the distribution of 2011 cable royalty funds. See, notice in the Federal Register, Vol. 78, No. 13, January 18, 2013, at Pages 4169-4170.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice [22 pages in PDF] that proposes new rules for the FCC's universal service tax and subsidy program. This PN seeks comments on procedures to determine what areas are eligible for Connect America Phase II funding and how carriers may elect to accept or decline a statewide commitment in Connect America Phase II. The FCC released this PN on December 27, 2012. It is DA 12-2075 in WC Docket No. 10-90. See, notice in the Federal Register, Vol. 78, No. 13, January 18, 2013, at Pages 4100-4107.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Wireline Competition Bureau  in response to its Public Notice (PN) requesting comments regarding the Remote Areas Fund. This PN is DA  13-69 in WC Docket No. 10-90. The FCC released it on January 17, 2013. See, notice in the Federal Register, Vol. 78, No. 26, February 7, 2013, at Pages 9020-9024.

TIME? The Office of the U.S. Trade Representative (OUSTR) will hold a hearing 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. Location: OUSTR, 1724 F St., NW.

10:30 AM. The Federal Communications Commission (FCC) will host an event titled "open meeting". See, tentative agenda. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

6:00 - 7:30 PM. The New America Foundation (NAF) will host a panel discussion titled "Your Smartphone Has Hijacked Your Life". The speakers will be Christine Rosen (NAF), Daniel Sarewitz (Arizona State University), Marvin Ammori (NAF), and Miriam Warren (Yelp). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Wireline Committee will host an event titled "The Transition from PSTN to IP: Key Regulatory Issues". CLE credits. Prices vary. See, notice. Reservations and cancellations are due by 12:00 NOON on February 19. Location: Davis Wright Tremaine, 1919 Pennsylvania Ave., NW.

Deadline to register to attend the University of Colorado's (UC) Silicon Flatirons Center (SFC) five day conference on May 18-22 titled "Institute for Regulatory Law and Economics Seminar", to be held in Aspen, Colorado. See, notice.