Senators Write OUSTR Regarding Protecting Trade Secrets in TPP Negotiations

3/9. Sen. Orrin Hatch (R-UT), Sen. John Kerry (D-MA), and other Senators sent a letter to Ron Kirk, the U.S. Trade Representative, urging the inclusion of trade secrets protection in any Trans Pacific Partnership (TPP) free trade agreement (FTA).

They wrote that the TPP FTA "must include provisions designed to protect the assets which underpin the 21st Century knowledge economy. In particular, the TPP agreement must ensure that trade secrets are afforded strong protection".

They elaborated that trade secrets "are among the most valuable assets for many companies across a wide variety of sectors.  They are often particularly useful to start-ups and SMEs since, unlike patents, they can be protected without registration or other formalities. Unfortunately, while trade secrets are vitally important, they are also fragile commodities -- once disclosed, they cannot be restored and they become devoid of value to their owner."

They added that "Foreign governments have become adept at developing policies which effectively undermine the value of trade secret protection in order to advance national policy goals -- often at the expense of U.S. industry.  Governments (particularly those in important emerging markets) have increasingly conditioned investments on the disclosure of trade secrets, enacted testing or certification regimes which require companies to disclose confidential information to participate in domestic markets, and led efforts to use compulsory licensing mechanisms to force the disclosure of critical trade secrets which would provide their domestic champions an unfair competitive advantage." (Parentheses in original.)

The OUSTR web page titled "Trans-Pacific Partnership" states that the nations involved in TPP negotiations are the US, Singapore, Australia, New Zealand, Malaysia, Brunei, Viet Nam, Chile and Peru.

The People's Republic of China (PRC) is not one of the participants. However, the Senators' concerns about trade secrets are directed in significant part at the PRC.

The other signers of the letter are Sen. Jon Kyl (R-AZ), Sen. Ron Wyden (D-WI), Sen. Mike Crapo (R-ID), Sen. Chuck Schumer (D-NY), and Sen. Richard Burr (R-NC).

People and Appointments

3/9. Todd Park was named U.S. Chief Technology Officer. See, White House news office release.

Senate Approves Bill to Increase Penalties for Trafficking in Counterfeit Drugs

3/8. The Senate amended and approved by voice vote S 1886 [LOC | WW], the "Counterfeit Drug Penalty Enhancement Act". Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC), and sponsor of the bill, addressed the problem of online drug sales, advocated passage of the PROTECT IP Act, and criticized Google.

S 1886 is a simple bill would merely amend 18 U.S.C. § 2320(b) to increase penalties for trafficking of counterfeit drugs. It would increase the maximum penalties for individuals to $4 Million fines, and 20 years in prison. For corporations, the maximum fine would be raised to $10 Million.

Currently, the statute imposes the same maximum penalties for trafficking in counterfeit drugs and trafficking in counterfeit clothes and fashion accessories. Sen. Leahy related statistics on deaths resulting from counterfeit drug sales.

Sen. Leahy (at right) spoke about the bill in the Senate on November 17, 2011, when he introduced the bill, in the Senate on March 7 when the Senate passed the bill, and again at the SJC executive business meeting on March 8.

He stated on March 8 that counterfeit drugs are currently available on "our major web sites, Google, others". He added that "you can just go on there and buy these kind of counterfeit drugs".

On November 17 he stated in the Senate that "Combating the sale of counterfeit drugs is increasingly difficult", in part because of the "prevalence of Internet pharmacies". See, Congressional Record, November 17, 2011, at Page S7705.

This bill would not amend current law to reference online auction sites, search providers, advertising providers, or financial intermediaries.

The Department of Justice (DOJ) fined Google $500 Million last year for providing advertising assistance to foreign online pharmacies that illegally sell drugs to U.S. consumers. See, story titled "Google to Pay $500 Million for Allowing Its AdWords Program to be Used to Promote Illegal Online Drug Sales" in TLJ Daily E-Mail Alert No. 2,292, August 24, 2011.

Sen. Leahy stated in the Senate on March 7 that "This is important legislation to deter the influx of counterfeit medication. The bill will not only support the American economy and job creation by protecting American intellectual property, but it will protect the health and safety of American consumers."

He added that "We cannot allow the counterfeiting of life-saving medicine to be just one more low-risk venture from which international organized criminals can profit."

The companion bills in the House are HR 3468 [LOC | WW] and HR 3668 [LOC | WW]. They are sponsored by Rep. Patrick Meehan (R-PA) and Rep. Linda Sanchez (D-CA)

Sen. Leahy had more blunt words for Google and other companies at the March 8 Committee meeting. He said that "we have taken steps to advance legislation to prevent the online sale of counterfeit drugs with the PROTECT IP Act."

"Unfortunately, some of the same large companies that through their businesses make money out of selling these drugs that end up killing Americans, were among those who tried to block, and did block, at least temporarily, the PROTECT IP Act. I hope that maybe people will start thinking about what is best for the American people, and not just what is best for their bottom line", said Sen. Leahy.

This bill is S 968 [LOC | WW], the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011", "PROTECT IP Act", or "PIPA".

See also, story titled "Sen. Reid Postpones Senate Consideration of PROTECT IP Act" in TLJ Daily E-Mail Alert No. 2,332, January 19, 2012.

US China Commission Reports that US Is Threatened by PRC Computer Network Operations

3/8. The US China Economic and Security Review Commission released a report [139 pages in PDF] titled "Occupying the Information High Ground: Chinese Capabilities for Computer Network Operations and Cyber Espionage". It finds that "Chinese capabilities in computer network operations have advanced sufficiently to pose genuine risk to U.S. military operations in the event of a conflict." See, also summary. See, full story.

People and Appointments

3/8. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved the nomination of Patty Shwartz to be Judge of the U.S. Court of Appeals for the 3rd Circuit by a vote of 10 to 6. Sen. Charles Grassley (R-IA), the ranking Republican on the SJC, opposed her nomination. He stated that her "response to questions submitted for the record contradicted her hearing testimony". He also referenced "her unresponsive answers, her misapplication of law, and lack of appellate experience", and President Obama's "so called recess appointments". Democrats voted yes. Sen. Grassley, Sen. Orrin Hatch (R-UT), Sen. Jeff Sessions (R-AL), Sen. Lindsay Graham (R-SC), Sen. John Cornyn (R-TX), and Sen. Tom Coburn (R-OK) voted no. Sen. Jon Kyl (R-AZ) voted present.

3/8. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved the nomination of Jeffrey Helmick to be a Judge of the U.S. District Court for the Northern District of Ohio by a vote of 11 to 6.

3/8. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved the nomination of Mary Lewis to be a Judge of the U.S. District Court for the District of South Carolina by a vote of 11 to 6.

3/8. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved the nomination of Timothy Hillman to be Judge of the U.S. District Court for the District of Massachusetts by a vote of 17 to 1.

More News

3/8. The Department of Justice's (DOJ) Antitrust Division published a notice in the Federal Register (FR) that announces that the Accellera Systems filed a notification of a change in its membership, pursuant to the National Cooperative Research and Production Act of 1993, which pertains to limiting antitrust liability of standard setting consortia. See, FR, Vol. 77, No. 46, Thursday, March 8, at Pages 14045-14046.

Kirk Addresses Trade With PRC

3/7. The House Ways and Means Committee (HWMC) held a hearing titled "President Obama's Trade Policy Agenda" on February 29, 2012. The Senate Finance Committee (SFC) held a hearing titled "The President's 2012 Trade Agenda" on March 7, 2012. Ron Kirk, the U.S. Trade Representative, addressed trade with the People's Republic of China (PRC), and other topics, at both hearings. See, prepared testimony for HWMC, and substantially similar prepared testimony for SFC.

Kirk (at right) said that "we continue to seek market access in China for suppliers of electronic payment services as China effectively blocks U.S. and other foreign suppliers from participating in China's large and growing market for card-based transactions".

He said that the US "will use all available tools in 2012 to ensure that China engages in fair play on trade and that U.S. exporters have a fair shot to compete in China. In addition to enforcement efforts that aim to end discriminatory policies and unfair subsidies, we will also continue to press China -- through the Strategic & Economic Dialogue, the Joint Commission on Commerce and Trade, and other ongoing engagement -- to open investment opportunities, to complete negotiations to join the WTO Government Procurement Agreement by offering comprehensive coverage of its procurement, and to increase transparency and eliminate market access barriers and distortions in areas ranging from agricultural goods to services."

He continued that "This year, the Administration will also seek China's complete implementation of its commitments to strengthen IPR protection and enforcement, including eliminating the use of illegal software by Chinese government entities. Likewise, focus will remain on ensuring an end to discriminatory ``indigenous innovation´´ policies, as the Administration continues its efforts to protect the value of U.S. intellectual property and technology in China and support IP-related American jobs here at home."

He added that "This month's agreement between China and the United States to significantly increase market access for imported movies is a positive development in this regard". See, story titled "PR China Agrees to Improve Market Access for US Movie Companies" in TLJ Daily E-Mail Alert No. 2,343, February 21, 2012.

Kirk also said that the US will "press China to move promptly to remove their improper export restrictions on key industrial raw materials."

Rare earth elements, such as Neodymium, are used to make permanent magnets, which are used in computer hard drives and other tech products.

See also, stories titled "OUSTR Is Considering Filing WTO Complaint Against PRC For Its Rare Earths Export Restraints", "PRC Further Curtails Exports of Rare Earths", and "Molycorp and Hitachi Plan Joint Ventures for Production of Rare Earth Magnets" in TLJ Daily E-Mail Alert No. 2,189, December 29, 2010, and story titled "Update on Rare Earth Materials Legislation" in TLJ Daily E-Mail Alert No. 2,261, July 17, 2011.

Kirk also addressed Russia, which is scheduled to join the World Trade Organization (WTO) this year.

He said that "the Administration is seeking legislation from Congress to ensure that American firms and American exporters enjoy the same job-supporting benefits of Russia’s membership in the WTO rules-based system as our international competitors. Specifically, we must work together to terminate application of the Jackson-Vanik Amendment and authorize the President to extend permanent normal trade relations status to Russia as soon as possible."

He also said that "We remain open to pursuing progress under the framework of the Doha Round".

Sen. Max Baucus (D-MT), Chairman of the SFC, wrote in his opening statement that "We should set three major trade goals for 2012: approving permanent normal trade relations with Russia; concluding the Trans-Pacific Partnership negotiations; and addressing the challenges posed by China." He added that "Congress must repeal the Jackson-Vanik amendment and establish permanent normal trade relations with Russia, known as PNTR."

The Obama administration has not negotiated any bilateral free trade agreements (FTAs). It lacks the trade promotion authority (TPA) that the Congress gave the President in 2002, and that has expired. The Obama administration belatedly implemented FTAs with Korea, Columbia and Panama concluded during the Bush administration under TPA. Moreover, President Obama has not sought a renewal of TPA.

Kirk said that the Obama administration has ambitious plans to "open new markets for U.S. exporters and level the playing field for American farmers, ranchers, businesses, and workers".

Sen. Orrin Hatch (R-UT), the ranking Republican on the SFC, wrote in his opening statement that "President Obama is satisfied with just nibbling at the edges of a comprehensive and coherent trade agenda. It is time to move past the achievements made possible under Trade Promotion Authority of 2002 ".

He argued that "The President's new top legislative trade priority, securing permanent normal trade relations with Russia, is a poor substitute. The President would have Congress pass PNTR and ignore Russia’s rampant corruption, theft of U.S. intellectual property, poor human rights record, and adversarial foreign policies for a market that amounts to .05 percent of U.S. exports. Moreover, it is a market we will have access to anyway on an MFN basis under the terms of our 1992 trade treaty once Russia joins the WTO."

Congress Applies CVDs to PRC

3/7. The House and Senate passed HR 4105 [LOC | WW], an untitled bill regarding the application of countervailing duties (CVDs) to non-market economies -- especially, the People's Republic of China (PRC). It reverses the effect of a recent opinion of the Court of Appeals.

Rep. Dave Camp (R-MI) introduced this bill on February 29, 2012. The House passed it on March 6, 2012, by a vote of 370 to 39. See, Roll Call No. 96. All of the no votes were cast by Republicans. The Senate passed this bill on March 7, 2012, without amendment, by unanimous consent.

Rep. Camp stated in the House that this bill ensures "that we can continue to fight unfair subsidies from countries like China that violate the WTO, injure our industries, and cost U.S. jobs. This legislation reaffirms that our antisubsidy laws, or countervailing duty laws, apply to subsidies from China and other nonmarket countries, and it overturns an erroneous decision by the Federal circuit that the Department of Commerce does not have the authority to apply these countervailing duty rules to nonmarket economies."

This bill is a response to the December 19, 2011, opinion [26 pages in PDF] of the U.S. Court of Appeals (FedCir) in GPX v. US.

Rep. Camp continued that "China distorts the free market by giving enormous subsidies to its producers and exporters, and our companies and our workers should not be expected to compete against the deep pockets of the Chinese Government. That is why it is vital that we preserve this important tool and ensure that current countervailing duty orders and investigations from nonmarket economies remain in place and that this important tool is available in the future."

Countervailing duties are applied to subsidized exports. And, GPX v. US involved tires. However, some members of Congress took this occasion to also complain about the PRC's failure to protect and enforce intellectual property rights of U.S. rights holders.

For example, Rep. Kevin Brady (R-TX) stated that "this legislation ensures the freedom of U.S. companies and workers to compete in a market that is not distorted by the Chinese Government. It restores free market principles by allowing us to address China's unfair subsidies. It has no different impact on consumers than enforcing our intellectual property laws."

Rep. Earl Blumenauer (D-OR) said that in addition to "massive unjustified subsidies", "We've found cheating in the international arena in terms of stealing intellectual products ..."

Rep. Sheila Lee (D-TX) said that "China's inadequate protection of intellectual property rights has also been a major concern."

The Federal Circuit case is International Tire Corporation and Tianjin United Tire & Rubber International Co., LTD v. U.S., U.S. Court of Appeals for the Federal Circuit, App. Ct. Nos. 2011-1107, 2011-1108, and 2011-1109, an appeal from the U.S. Court of International Trade, No. 08-CV-0285.

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3/7. The Executive Office of the President (EOP) announced in a release the opening of two units pertaining to the regulation of exports -- the Export Enforcement Coordination Center (EECC) and the Information Triage Unit (ITU). The EOP release states that the EECC "is responsible for enhanced information sharing and coordination between law enforcement and intelligence officials regarding possible violations of U.S. export controls laws." It is administered by the Department of Homeland Security (DHS), with input from the Federal Bureau of Investigation (FBI) and the Department of Commerce (DOC). This release also states that the ITU is a multi-agency unit located at the DOC that "is responsible for assembling and disseminating relevant information, including intelligence, from which to base informed decisions on proposed exports requiring a U.S. Government license". This is part of the Obama administration's ongoing efforts to reform of the export regulation process. See also, President Obama's December 9, 2010, speech, and story titled "Obama Addresses Export Control Reform Process" in TLJ Daily E-Mail Alert 2,185, December 21, 2010.

3/7. The House Foreign Affairs Committee (HFAC) approved HR 4041 [LOC | WW], the "Export Promotion Reform Act", a bill which pertains to the export promotion duties of the interagency Trade Promotion Coordinating Committee (TPCC) and the Department of Commerce (DOC).

3/7. The House Foreign Affairs Committee (HFAC) approved SConRes 17 by unanimous consent. This resolution expresses the sense of Congress that Taiwan should be accorded observer status in the International Civil Aviation Organization (ICAO). The Senate Foreign Relations Committee (SFRC) approved this resolution on July 26, 2011, and the full Senate passed it on September 21, 2011.

3/7. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology (NCOHIT) published a notice in the Federal Register (FR) that announces, describes, recites, and sets the comment deadline for, its proposed health information technology rules. The deadline to submit comments is 5:00 PM on May 7, 2012. See, FR, Vol. 77, No. 45, Wednesday, March 7, 2012, at Pages 13832-13885.

House Commerce Committee Approves FCC Reform Bills

3/6. The House Commerce Committee (HCC) amended and approved two bills, HR 3309 [LOC | WW], the "Federal Communications Commission Process Reform Act of 2011", and HR 3310 [LOC | WW], the "Federal Communications Commission Consolidated Reporting Act of 2011".

The HCC approved HR 3309, the FCC Process Reform Act, by a vote of 31-16. It was a nearly straight party line vote. Republicans voted for the bill. All but two Democrats voted against the bill -- Rep. Jim Matheson (D-UT) and Rep. John Barrow (D-GA). See, Roll Call. The HCC then approved HR 3310 by voice vote.

HR 3309 is a huge and complex bill that pertains to decision making processes at the Federal Communications Commission (FCC), including for rulemaking proceedings, antitrust merger reviews, and other adjudications. The bill contains numerous provisions that would increase transparency. However, it leaves untouched many practices that decrease transparency. Also, it would decrease transparency by allowing Commissioners to meet in secret.

HR 3310 is a shorter bill with broader support that would consolidate eight separate reports on the communications marketplace into a single report, eliminate several reporting requirements, and make modifications to reporting requirements.

See, full story.

Amendment by Amendment Summary of Mark Up of HR 3309

3/6. The House Commerce Committee (HCC) amended and approved HR 3309 [LOC | WW], the "Federal Communications Commission Process Reform Act of 2011" on March 6, 2012. The following is an amendment by amendment summary of the mark up.

The HCC made several modest changes to the bill, rejected a Democratic amendment in the nature of a substitute that would have gutted the bill, and rejected an amendment that would have expanded the scope of the bill to cover political ads carried by FCC regulated entities.

The HCC approved by voice vote an amendment offered by Rep. Kinzinger that would prevent the FCC from delaying its publication of a certain notices in the Federal Register. This FCC tactic can delay judicial review of a final order of the FCC. Rep. Waxman spoke in favor. It was then adopted by unanimous voice vote.

The HCC approved by voice vote an amendment offered by Rep. Waxman regarding a consumer complaints database. This amendment provides that "In evaluating and processing consumer complaints, the Commission shall present information about such complaints in a publicly available, searchable database on its website ..." Rep. Upton and Rep. Walden spoke in favor. It was then adopted by unanimous voice vote.

The HCC approved by voice vote an amendment offered by Rep. Mike Pompeo (R-KS) regarding FCC reporting of Telephone Consumer Protection Act (TCPA) complaints. It would require the FCC to separate out TCPA complaints about telemarketers.

It states that "In compiling its quarterly report with respect to informal consumer inquiries and complaints, the Federal Communications Commission may not categorize an inquiry or complaint with respect to section 227 of the Communications Act of 1934 (47 U.S.C. 227) as being a wireline inquiry or complaint or a wireless inquiry or complaint unless the party whose conduct is the subject of the inquiry or complaint is a wireline carrier or a wireless carrier, respectively."

Rep. Anna Eshoo (D-CA) spoke in favor. It was then adopted by unanimous voice vote.

The HCC rejected on a roll call vote of 18-32 an amendment in the nature of a substitute offered by Rep. Eshoo. It would have deleted the content of HR 3309 as offered, and replaced it with language allowing FCC Commissioners to meet in secret, and directing the FCC to "consider procedural changes to its rules to maximize opportunities for public participation and efficient decisionmaking".

Rep. Walden said that this amendment "guts" the bill, and opposed it. Rep. Waxman and Rep. Dingell spoke in support.

It was a nearly straight party line vote. All Republicans on the HCC voted, and voted no. Four Democrats did not vote. One voted no -- Rep. Jim Matheson (D-UT).

The HCC rejected on a roll call vote of 16-30 an amendment offered by Rep. Eshoo that would have required the FCC to require broadcast licensees, cable operators, and direct broadcast service (DBS) providers to obtain and disclose information regarding who pays for sponsored political programming.

The Federal Election Commission (FEC) has statutory authority to regulate federal political contributions, spending and reporting. This amendment would have leveraged the FCC's authority to regulate broadcast, cable and DBS providers to engage in FCC based campaign regulation. It would have required these FCC regulated companies to collect from entities that sponsor political ads data regarding their donors, and disclose certain information to the FCC, which would then disclose it to the public.

Several Republicans argued that this bill pertains to FCC reform, but that this amendment does not.

Rep. John Shimkus (R-IL) questioned whether this amendment would violate the First Amendment free speech rights. He also suggested that this issue is a matter for another Committee.

It was a nearly straight party line vote. All Republicans who voted voted no; two missed the vote. Six Democrats also missed the vote. One voted no -- Rep. John Barrow (D-GA). The rest of the Democrats voted yes.

Rep. Stearns offered and then withdrew an amendment that would have allowed each FCC Commissioner to hire an engineer. Rep. Eshoo expressed her support for the amendment. See also, HR 2102 [LOC | WW], the "FCC Commissioners' Technical Resource Enhancement Act ", sponsored by Rep. Stearns, and S 611, sponsored by Sen. Olympia Snowe (R-ME).

Del. Donna Christensen (D-VI) offered and then withdrew an amendment that would have provided that "To the extent that any provision of this Act or the amendment made by this Act conflicts with title 5, United States Code, such title shall control, except where otherwise expressly provided."

Summary of HR 3309, the FCC Process Reform Act

3/6. The House Commerce Committee (HCC) amended and approved HR 3309 [LOC | WW], the "Federal Communications Commission Process Reform Act of 2011" on March 6, 2012. The following is an summary of the key provisions of the bill.

HR 3309 is a huge and complex bill that pertains to decision making processes at the Federal Communications Commission (FCC), including for rulemaking proceedings, antitrust merger reviews, and other adjudications. The bill contains numerous provisions that would increase transparency. However, it leaves untouched many practices that decrease transparency. Also, it would decrease transparency by allowing Commissioners to meet in secret.

This bill would require the FCC to survey the marketplace before initiating a new rulemaking, with exceptions for deregulatory rulemakings and for good cause.

It would require that Notice of Proposed Rulemakings (NPRMs) follow within three years of Notice of Inquiries (NOIs). It would require that NPRMs include the text of proposed rules. It would require that NPRMs allow at least 30 days each for initial comments and reply comments.

It would also require that adopted rules follow within three years of NPRMs and be a logical outgrowth of the proposed rules. The bill would require that "the specific language of the adopted rule or the amendment of an existing rule is a logical outgrowth of the specific language of a proposed rule or a proposed amendment of an existing rule included in a notice of proposed rulemaking".

It would require that for rulemaking proceedings that adopt rules that will have an annual effect of $100 Million or more on the economy the FCC must identify the problem it is trying to solve and make a reasoned determination that the benefits of the adopted rule justify its costs. It would also require the FCC to develop performance measures for its program activities, defined as each program of the FCC listed in the federal budget as well as each program through which the FCC collects or distributes $100 Million or more.

It would requires the FCC to establish internal procedures to inform Commissioners of a reasonable number of options available for resolving a proceeding, to provide adequate time for Commissioners to deliberate pending orders, and to ensure time for the public to read orders before open meetings.

It would allow Commissioners to meet in secret, rather than in public meetings. It would permit a bipartisan majority of Commissioners to meet if they disclose such meetings within two business days. However, the disclosure need only contain "a list of the persons who attended such meeting" and "a summary of the matters discussed".

The five Commissioners conduct little business in public. Meeting titled "Open Meeting" are largely ceremonial; Commissioners read statements, and hold votes. Currently, Commissioners communicate away from public view via their staffs. This bill would authorize another secretive process.

This bill contains only a minimal disclosure requirement for closed Commission meetings. Similarly, the bill does not address the the FCC's current ex parte communications process, except to provide that the FCC must establish procedures that provide the public an opportunity to evaluate ex parte filings before the FCC may rely on them.

For example, the bill does nothing to increase the disclosure of ex parte communications, such requiring parties making ex parte in person communications to release of audio and/or video of ex parte meetings. Similarly, the bill imposes no disclosure requirements with regard to ex parte Congressional communications.

The bill would require the FCC to establish procedures to allow a bipartisan majority of Commissioners to direct staff to draft an order, to put such an order on the FCC's agenda, and to require that the FCC vote on any order.

It would requires the FCC to seek public comment on reports.

It would require the FCC to establish rules regarding the publication of the status of open rulemaking proceedings, and a list of the draft items the Commissioners are currently considering.

It would require the FCC to establish shot clocks that set time frames for FCC action in each type of proceeding it oversees.

It would require the FCC to establish a schedule for the release of its required reports.

It would require the FCC to release all orders within seven days of adoption. The bill provides that the FCC "shall publish each order, decision, report, or action not later than 7 days after the date of the adoption of such order, decision, report, or action". The FCC often votes to adopt an order or other item when in fact the only document in existence is a news release.

It would require the FCC to report every six months regarding its progress in meeting its shot clocks as well as how it has used administrative law judges and independent studies.

It would require that in FCC license transfer proceedings, including antitrust merger reviews, conditions imposed by the FCC, including those deemed voluntary by the FCC, must be "narrowly tailored to remedy a harm that arises as a direct result of the specific transfer or specific transaction that this Act empowers the Commission to review".

Moreover, such conditions can be imposed only if the FCC "could impose a similar requirement under the authority of a specific provision of law other than a provision empowering the Commission to review a transfer".

Since the FCC began conducting antitrust merger reviews shortly after enactment of the Telecommunications Act of 1996, it has imposed many conditions upon the merged entities that would not meet this requirement.

People and Appointments

3/6. The Senate confirmed Mary Phillips to be a Judge of the U.S. District Court for the Western District of Missouri by a vote of 95 to 2. See, Roll Call No. 26.

3/6. The Senate confirmed Thomas Rice to be a Judge of the U.S. District Court for the Eastern District of Washington by a vote of 93 to 4. See, Roll Call No. 27.

More News

3/6. The Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) published a notice in the Federal Register announcing that the Secretary of Commerce has approved FIPS PUB 180-4 [35 pages in PDF], the Federal Information Processing Standard (FIPS) Publication 180-4, Secure Hash Standard (SHS). This notice states that "FIPS 180-4 updates FIPS 180-3 by providing a general procedure for creating an initialization value, adding two additional secure hash algorithms to the Standard: SHA-512/224 and SHA-512/256 and removing a restriction that padding must be done before hash computation begins, which was required in FIPS 180-3." See, FR, Vol. 77, No. 44, Tuesday, March 6, 2012, at Pages 13294-13295.

Go to News from March 1-5, 2012.