Administration Unveils IP Enforcement Strategy
Last Thursday, the Obama Administration released its Intellectual Property (IP) Enforcement Strategy, which addresses a wide range of IP enforcement issues, offering numerous specific actions by federal agencies aimed at helping to protect and advance creativity and innovation. In response, SIIA praised the Plan’s call for software compliance throughout the federal government, while expressing our disappointment that it does not address digital content compliance, which is an equal challenge for SIIA members. SIIA also welcomed greater involvement by the Administration in the expansion of domain names by ICANN, which will have far reaching implications for businesses, brands and consumers. Read more on SIIA’s Digital Discourse Blog.
Mobile Privacy Code of Conduct Could Be Finalized Soon
Just around the corner after the July 4th break, the Department of Commerce (DOC) is hopeful to conclude the year-long process to develop a voluntary code of conduct for mobile app privacy. The effort is the first of the multistakeholder initiatives launched by the DOC in 2012 as a major component of a new effort to develop a flexible privacy regime. SIIA is very supportive of the voluntary, multistakeholder approach to privacy because it is more nimble and less prescriptive than a legislative or regulatory approach. To that end, we have been leading participants in the multistakeholder discussions and are hopeful to reach a final code that will serve as an effective model for companies that provide consumer apps to develop “short form” privacy notices for users. Stay tuned!
SIIA Cautions about Scope of New Cybercrime Legislation
Last week, legislation was introduced in the House and Senate that would weaken the Computer Fraud and Abuse Act (CFAA), a long standing law that is critical to software and digital content companies to protect their networks and the intellectual property in their products and services. While the bill is well intended and seeks to address real concerns, SIIA reiterated our concerns with CFAA reform proposals that the proper fix is to clarify the prosecutorial guidelines, not a wholesale rewriting and weakening of the underlying statute. SIIA believes that the better way forward for Congress is to wait a Supreme Court clarification and then see if further legislative revisions are necessary. In the meantime, the Justice Department can address any concerns about prosecutorial overreach through improved guidelines. Read more on SIIA’s Digital Discourse Blog.
FTC Joins the Fight against Patent Trolls as Lawsuits Expand Beyond Tech
Also last week, FTC Chairwoman Edith Ramirez declared in a speech that, “PAE lawsuits are no longer filed primarily against IT firms. Retailers and financial services providers that incorporate software into their products and services are now common targets.” Ramirez went on to explain that the FTC is “on the watch for PAEs that target small businesses with false claims made to induce the payment of illegitimate licensing fees. This would include telling a small business that it owes money to a PAE for a patent license when the PAE has no ownership interest in, or standing to assert, any patent rights; has only an expired patent; or makes false threats of litigation.” The Chairwoman’s remarks are a welcome sign that the FTC remains committed to the battle against patent trolls, and this is a valuable reminder that they have an integral role to play.
David LeDuc is Senior Director, Public Policy at SIIA. He focuses on e-commerce, privacy, cyber security, cloud computing, open standards, e-government and information policy. Follow the SIIA public policy team on Twitter at @SIIAPubPolicy.