Top Stories from 2014
Representatives
Introduce Bill to Require Satellite and Internet Radio to Pay Royalties for Pre 1972
Music
5/29. Rep. George Holding (R-NC) and others
introduced HR 4772 [LOC
| WW |
TLJ], the
"Respecting Senior Performers as Essential Cultural Treasures Act", which comes
close to producing the acronymal title of "RESPECT Act". This bill would
amend the Copyright Act to address payment of royalties for digital performances of sound
recordings made before 1972.
FTC Recommends
Legislation to Regulate Data Brokers
5/27. The Federal Trade Commission (FTC) released a
document [110 pages in PDF] titled "Data Brokers: A Call for Transparency and
Accountability". It recommends legislation to regulate data brokers and
others. See also, FTC
release.
Sen. Leahy Announces
Failure to Reach Consensus on Patent Bill
5/21. Sen. Patrick Leahy (D-VT),
the Chairman of the Senate Judiciary
Committee (SJC), announced in a release that "Because there is not
sufficient support behind any comprehensive deal, I am taking the patent bill
off the Senate Judiciary Committee agenda."
House Passes Online
Sex Ads Bill
5/20. The House passed HR 4225
[LOC |
WW], the "Stop
Advertising Victims of Exploitation Act of 2014" or "SAVE Act", by a vote of
392-19. See, Roll Call No. 222.
This bill would amend 18 U.S.C.
§ 1591 , which currently enables prosecution of a wide range of persons for
"participation in a venture" of sex trafficking. This bill would extend the reach
of the prohibition to cover "advertising". Specifically, this bill would enable
prosecutors to target online service providers that provide a venue for advertising.
FCC Adopts Net
Neutrality NPRM
5/15. The Federal Communications Commission (FCC) adopted and released a
Notice of Proposed Rulemaking (NPRM) that once again proposes rules for the regulation
of the network management practices of broadband internet access service (BIAS) providers.
Rep. Stockman Introduces
Bill Regarding Tax Treatment of Virtual Currencies
5/7. Rep. Steve Stockman (R-TX) introduced
HR 4602 [LOC |
WW], the
"Virtual Currency Tax Reform Act", a bill to treat virtual currencies as foreign
currency for tax purposes, and to impose a five year moratorium on capital gains taxation
of virtual currencies. There are no cosponsors.
Obama Administration
Opposes R&D Tax Credit Bill
5/6. The Executive Office of the President's (EOP) Office of Management and
Budget (OMB) stated in a
release that "the Administration strongly opposes House passage of
H.R. 4438", and "If the President were presented with H.R. 4438,
his senior advisors would recommend that he veto the bill."
CRJs Propose Record
Keeping Requirements for Webcasters
5/2. The Copyright Royalty Judges (CRJ) published a
notice in the
Federal Register (FR) announces, describes, recites, and requests comments on, proposed
rules regarding "filing notice of use and the delivery of records of use of sound
recordings under two statutory licenses of the Copyright Act". This pertains to
"reports of use of sound recordings for the statutory licenses set forth in sections
112 and 114 of the Copyright Act". The CRJs also published a second
notice
in the FR that reaffirms the 2009 rules. The CRJ proposes to
revise its rules governing how digital music services (webcasters and others) must report the
songs that they play to SoundExchange. This
rulemaking is not about the important issue of rates. Rather, it is about the burdensome
task of record keeping and reporting. SoundExchange wants much more data.
Campaign Groups File
Complaints Alleging Trivial Violations of TV Broadcaster Disclosure Regime
5/1. The Campaign Legal Center (CLC) and
the Sunlight Foundation (SF) announced that
they filed eleven complaints with the Federal Communications Commission's (FCC) Enforcement
Bureau (EB) against eleven TV broadcast stations licensed by the FCC "for letting
political advertisers flout federal disclosure requirements". See, May 1, 2014 CLC
release and similar May 1, 2014 SF
release. The complaining groups are nitpicking. They seek to pressure the FCC to
enlarge its mission as a federal election campaign regulator.
Magistrate Judge Orders
Microsoft to Comply with Extraterritorial Warrant for E-Mail
4/25. James Francis, a Magistrate Judge of the U.S.
District Court (SDNY), issued a
Memorandum and
Order in the matter styled "In the Matter of a Warrant to Search a Certain E-Mail
Account Controlled and Maintained by Microsoft Corporation". This Magistrate Judge, at
the request of the U.S. government, issued a search and seizure warrant that directs Microsoft
to produce the contents of one of its customer's e-mail accounts. Microsoft argued that the
account data is stored on a server located in Dublin, Ireland, that the U.S. cannot issue
extraterritorial search and seizure warrants, and therefore the warrant must be quashed.
The Magistrate Judge, relying upon his interpretation of the Stored Communications Act (SCA),
at 18 U.S.C. § 2703, rejected
Microsoft's argument, and order it to produce the contents of the e-mail account.
6th Circuit Holds
Refusal to Allow Telecommuting Can Violate ADA
4/22. The U.S. Court of Appeals (6thCir) released
its divided opinion
[32 pages in PDF] in EEOC v. Ford Motor Company, a case regarding telecommuting
and the Americans with Disabilities Act (ADA). The Court of Appeals reversed the District
Court's grant of summary judgment to the employer, Ford, on the EEOC's claims of employment
discrimination and retaliation. This opinion holds that employers may be required to allow
employees who cannot because of a disability make it to the worksite to telecommute instead,
even on an unfixed schedule to be determined by the employee, and even for jobs that the
employer determines must be performed at the workplace or other designated locations.
DHS Announces Petition
for Review Process for Critical Infrastructure Classifications
4/17. The Department of Homeland Security's (DHS)
National Protection and Programs Directorate published a
notice in the
Federal Register (FR) that announces that it has made determinations that contain classifications
of critical infrastructure in which "a cybersecurity incident could reasonably result in
catastrophic regional or national effects", and sets the process challenging such
determinations.
Senate Commerce
Committee Approves Bill to Allow Access to Data Stored in Vehicle Event Data Recorders
4/9. The Senate Commerce Committee (SCC)
held an executive business meeting at which it amended and approved S 1925
[LOC |
WW], the
"Driver Privacy Act", a bill that allows court and administrative authorities
to authorize access to data stored in vehicle event data recorders (EDRs).
TLJ Analysis of
S 1925, the Driver Privacy Act
4/9. S 1925 [LOC |
WW], the "Driver
Privacy Act", is at bottom, about giving prosecutors, law enforcement agencies,
litigators and others easy access to EDR data.
OUSTR Releases
2014 Report on Compliance with Telecommunications Trade Agreements
4/4. The Office of the U.S. Trade Representative
(OUSTR) released a
report
titled "2014 Section 1377 Review On Compliance with Telecommunications Trade
Agreements". Much of the report focuses on the People's Republic of China (PRC).
Representatives
Introduce Resolution Advocating International Internet Freedom
4/1. Rep. Anna Eshoo (D-CA) and
others introduced
HRes 532, a resolution that "calls on the Government of Turkey to lift
restrictions on freedom of the press, freedom of expression, and Internet freedom, including
social media".
WTO Rules in Rare
Earths Case
3/26. The World Trade Organization (WTO) released
its panel
reports [258 pages in PDF] in its case titled "China -- Measures Related to the
Exportation of Rare Earths, Tungsten, and Molybdenum".
HCC/SCT Marks Up STELA
Reauthorization Bill
3/25. The House Commerce Committee's
(HCC) Subcommittee on Communications and Technology (SCT) marked up a yet to be introduced
bill to extend expiring provisions of the Communications Act related to the retransmission
of signals of television broadcast stations.
Netflix's Hastings
Complains About Lack of Interconnectivity
3/20. Netflix CEO Reed Hastings published a piece
in the Netflix web site titled "Internet Tolls And The Case For Strong Net
Neutrality". He argues that "net neutrality must be defended and strengthened" to deal
with the "lack of sufficient interconnectivity" by some broadband internet
access service (BIAS) providers.
Copyright Office Seeks
Comments on Music Licensing
3/17. The Copyright Office (CO) published
a notice
in the Federal Register (FR) that "announces the initiation of a study to evaluate
the effectiveness of existing methods of licensing music". This notice contains
a summary of current music licensing practices and laws, and 24 questions for
public comment.
GSA Seeks Comments
on Cyber Security Related Regulation of Federal Suppliers
3/12. The General Services Administration (GSA)
published a
notice in the Federal Register (FR) that requests public comments regarding "how
to implement" the "recommendations" contained in the joint GSA and
Department of Defense (DOD)
document titled "Final Report of the Joint Working Group on Improving
Cybersecurity and Resilience Through Acquisition". This document leverages the
federal government procurement process to regulate private sector cyber security
practices unrelated to procurement.
House Passes FCC
Process Reform Act
3/11. The House passed HR 3675
[LOC |
WW], the
"Federal Communications Commission Process Reform Act", by voice vote. The
Senate has not passed this bill. This is the second time around for this bill.
Sen. Whitehouse
Introduces Bill to Limit Exports of IT Products for Recycling
3/6. Sen. Sheldon Whitehouse (D-RI)
introduced S 2090 [LOC
| WW], the
"Responsible Electronics Recycling Act", a bill to limit export of
"electronic waste". While there is an environmental protection argument to
be made in support of this bill, this bill is largely a trade protectionism bill
masquerading as environmental protection.
Sen. McCaskill
Introduces Bill to Regulate Patent Infringement Demand Letters
2/26. Sen. Claire McCaskill
(D-MO) and Sen. John Rockefeller
(D-WV) introduced S 2049
[LOC |
WW |
TLJ], the
"Transparency in Assertion of Patents Act". This bill would direct the
Federal Trade Commission (FTC) to write and enforce
rules regarding unfair and deceptive practices in the sending of demand letters alleging
patent infringement, and setting pleading like requirements for these letters.
House Passes Bill
to Allow Consumers to Unlock Their Cell Phones
2/25. The House passed a revised version of HR 1123
[LOC |
WW], the
"Unlocking Consumer Choice and Wireless Competition Act", by a vote of
295-114. See, Roll Call No. 64.
This bill would reinstate the Copyright Office's
(CO) prior exemption for unlocking cell phones for personal use. However, the bill adds
that nothing in the bill "shall be construed to permit the unlocking of wireless
handsets or other wireless devices, for the purpose of bulk resale".
FCC Proposes
Changes to Location Surveillance Rules
2/21. The Federal Communications Commission (FCC) adopted and released a huge
Further Notice of Proposed
Rulemaking (NPRM) that would mandate that wireless service providers develop and deploy
technology with more precise capability for detecting the location of wireless devices.
Obama Administration
Condemns Patent Trolls
2/20. The White House news office released a
statement regarding patents. It employs the term "patent trolls", without
explaining the meaning of the term. It calls for legislation, but makes no legislative
proposals. It recites recent actions taken by the U.S.
Patent and Trademark Office (USPTO), and some things that the USPTO will do going
forward.