Copyright Reform on Tap in House Judiciary

Copyright Office head Maria Pallante will testify Wednesday before the House Judiciary Subcommittee on Courts, IP and the Internet, making a call for updates to the U.S. copyright law. According to her written testimony, Pallante will be making a call for broad copyright reform, including “what does and does not belong under a copyright owner’s control in the digital age,” and whether we are shifting to an era where users will have less reliance on physical copies of copyrighted works. The hearing promises to provide excellent discussion on the future of copyright and the role of Congress.

Meanwhile Supreme Court Deals Copyright a Blow

The Supreme Court today issued its decision in the critical Kirtsaeng v. Wiley case, in a ruling that will send a tremor through the publishing industries, harming both U.S. businesses and students around the world. Specifically, the ruling threatens U.S. publishers by enabling importers to exploit pricing models that are meant for students in undeveloped nations and flood local markets. Read more on SIIA’s Digital Discourse Blog.

Momentum Builds for ECPA, Cloud Privacy Reform

The House Judiciary Subcommittee on Crime waded into the ECPA reform debate this morning. In what was a major step toward reforming the Electronic Communications Privacy Act, both full Committee Chairman Bob Goodlatte (R-VA) and Subcommittee Chair Jim Sensenbrenner (R-WI) both agreed that reform to the decades-old statue needs to be updated to protect digital content with rules “comparable to their more traditional counterparts.” While noting that the Committee needs to conduct a full review, Goodlatte affirmatively stated that reforming ECPA is a top priority of the Committee this year. In advance of the hearing, SIIA issued a statement urging the Committee to advance ECPA reform legislation with all deliberate speed. At the same time, Senate Judiciary Chairman set the ball rolling in the Senate by introducing his ECPA reform proposal, which was passed by the Committee in the closing days of the last Congress.

Recap of Patent Reform Discussion

The copyright hearing this week follows another major technology IP review last Thursday, when the Committee considered the need for further reform of the patent system. In the hearing last week, the key focus was patent litigation abuses, and two SIIA members, SAS and Adobe, testified in support of changes to current law to remedy these abuses. Read more on SIIA’s Digital Discourse Blog.

House Committee to Take up Federal IT Reform

Not wasting any time, House Gov. Reform Chairman Darrell Issa (R-CA) will convene the Committee on Wednesday to consider a pair of his Federal IT reform bills. Most notably, the Committee is expected to consider FITARA (the Federal IT Acquisition Reform Act), and the lesser known proposal to reform federal information security, or FISMA. A revised draft and summary of FITARA have been made available in advance, reflecting significant improvements to the bill since the initial draft released last year. SIIA continues to support efforts to reform Federal IT acquisition, and we’re working closely with the Committee to help shape the legislation. Despite considerable tweaks and improvements, the bill still presents possible challenges in its proposals around strategic sourcing, software licensing and other areas that we’re hoping to see further addressed.

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.

Administration Focuses Heavily on Advancing Digital Trade

In complementary hearings, the US International Trade Commission (USITC) and the US Trade Representative (USTR), both took deep dives into the benefits of digital trade and opportunities to promote digital services trade. As SIIA members well know, the global nature of the digital economy makes it more critical than ever to eliminate barriers to digital trade. At both hearings, this was the key message of SIIA testimony from SIIA Senior Policy Director David LeDuc, urging policymakers and trade negotiators to continue working to enable the unfettered flow of data across borders, to combat ICT localization requirements and ensure a foundation of strong IP protection. For more information, see SIIA’s Digital Discourse Blog.

House Committees Take on Cybersecurity

One month after the President signed an Executive Order (EO) on cybersecurity for critical infrastructure, and launched a process to develop a cybersecurity framework, several House Committees are considering the issue this week. At issue the center of debate is what is necessary through legislation in the wake of the EO. Specifically, the Judiciary, Armed Services and Homeland Security Committees will all hold hearings on the issue, while the Committee on Science, Space and Tech will consider two bills focused largely on cyber R&D: The Cybersecurity Enhancement Act (H.R. 756), and the Advancing America’s Networking and Information Technology Research and Development Act of 2013 (H.R. 967).

Meanwhile at a Joint Senate hearing last week, Administration officials provided an update about their ongoing efforts to develop a cybersecurity roadmap, or voluntary industry cyber standards, and outlined the White House goals for legislation.

ICANN’s Trademark Clearinghouse to Launch March 26th

Recently, the Internet Corporation for Assigned Names and Numbers (ICANN) announced that its new Trademark Clearinghouse would go live on March 26th. This reflects the reality that after several years, ICANN is finally getting close to accepting the first new Top Level Domains as part of its process to exponentially expanding the number of TLDs from the existing 20 TLDs presently in operation (such as .com, .net and .org). It is widely anticipated that the first new TLDs will “go live” in the third quarter of this year. Once this happens TLDs can begin to accept registrations for second-level domain names (e.g., siia.net), which could include anything — including your companies valuable trademarks.

Cybersquatting is likely to occur, just as it does in .com and other gTLDs. The new gTLD program includes several mechanisms intended to mitigate this concern. A crucial component of these mechanisms is this “Trademark Clearinghouse.” Trademark owners must record their marks in the Trademark Clearinghouse in order to qualify for the new trademark protection mechanisms, including: (1) a “Trademark Claims Service,” which notifies potential domain name registrants of corresponding trademark rights; (2) a “Sunrise” registration period of at least 30 days in which eligible trademark owners can obtain a domain name registration for their marks prior to launch of the TLD; and (3) a “Uniform Rapid Suspension” procedure, in which trademark owners can initiate proceedings to terminate an infringing domain name that is in use.

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.

SIIA Urges U.S. Trade Representative to Promote Digital Trade & Protect IP

SIIA filed comments today with the United States Trade Representative (USTR) urging the agency to use the negotiations for a new International Services Agreement (ISA) to lower barriers to trade in digital services and to maintain a high degree of intellectual property protection and enforcement. In our comments, SIIA pointed out that sustainable growth in the 21st century economy relies upon the unrestricted flow of information and data, as our domestic IT businesses reach across the globe. Therefore, removing barriers to the establishment and delivery of digital IT services will enhance economic performance.

Specifically, SIIA’s comments urged USTR to maintain the following two objectives in the services agreement: (1) governments should not prevent businesses that supply services in other countries, or customers of those suppliers, from electronically transferring information domestically or across borders, accessing publicly available information, or accessing their own information stored in other countries, and (2) Strong IP protections for software and digital content have been an essential element in fostering explosive technology growth and a wider variety of educational materials and information products that increase productivity, effectiveness and knowledge. Read more on SIIA’s Digital Discourse blog.

Legislation Introduced to Prevent Abusive Patent Suits

Today, bipartisan legislation was introduced in the U.S. House to take on the persistent issue of patent trolls, one of the major challenges to the U.S. patent system that was not addressed in the recently enacted America Invents Act. The Saving High-Tech Innovators from Egregious Legal Disputes Act (SHIELD Act), sponsored by Reps. Peter DeFazio (D-OR) and Jason Chaffetz (R-UT) seeks to limit cases brought by trolls by shifting the legal fees to the losing party when patent trolls lose their patent infringement cases. SIIA welcomed the legislation with a strong statement of support. Read more on SIIA’s Digital Discourse Blog.

House Panel Considers Federal IT Reform

As promised by chairman Darrel Issa (R-CA), the House Oversight and Government Reform Committee is moving forward on this issue, holding a hearing today. The legislation, the Federal IT Acquisition Reform act (known as FITARA), still in draft format, seeks to reform the Federal IT acquisition process and would be the first major Federal IT update since the E-Government Act was enacted more than ten years ago. SIIA supports reforms that would enable the government to more efficiently acquire innovative IT products and services, and we are working closely with Chairman Issa as he seeks to introduce this legislation in the next couple of weeks. Read more on SIIA’s Digital Discourse blog.

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.

Cyber Debate Heats Up with Executive Order, Federal Legislation and EU Proposal

Cybersecurity has generated a lot of attention for several years, but an Executive Order (EO) by President Obama and proposals on the Hill and in Europe have officially set heavy policy discussion in motion for 2013 and beyond.

Last week, President Obama called-out cybersecurity as a priority in his State of the Union Address on Tuesday, announcing the release of the much anticipated Executive Order (EO) on cybersecurity.  The EO is focused specifically on critical infrastructure protection, calling for a NIST-led multistakeholder process to identify existing consensus standards, practices and procedures that can become the basis of a voluntary “Cybersecurity Framework.”  In announcing the EO and corresponding guidance and initiatives, the President has labeled the EO as a “down payment” for legislation, which in his view is still very necessary to address many of the key cybersecurity priorities, most notably improving information sharing from companies to the government, and for creating incentives for broad adoption of the voluntary cybersecurity framework. SIIA issued a statement in response commending the President for prioritizing cybersecurity, seeking to preserve innovation and reiterating the need to avoid applying regulations around what will be developed as a voluntary framework.

Also last week, Reps. Mike Rogers (R-MI) and Dutch Dutch Ruppersberger (D-MD) reintroduced the Cyber Intelligence Sharing and Protection Act (CISPA), bipartisan cybersecurity legislation to enhance sharing of cyber threat information between the public and private sectors. Last year CISPA received more than 100 bipartisan cosponsors and was passed by the House with strong support.  In response, SIIA joined with other leading trade associations in support this legislation.  The House Intelligence Committee followed-up with a hearing on the legislation Thursday.

These developments in DC last week came on the heels of the European Commission (EC) publishing a cybersecurity strategy and a draft directive on network and information security (NIS).  In response, SIIA issued a statement expressing concern that the proposal is too prescriptive and overly broad.

New Legislation Supports Technology Readiness for Digital Learning and Online Assessment

U.S. Representative George Miller (CA) recentlyintroduced“The Transforming Education Through Technology Act” (H.R. 521), legislation to help ensure the nation’s elementary and secondary schools have access to the technology infrastructure, applications and professional support needed for digital learning and online assessment. Congressman Miller is Ranking Democrat on the U.S. House Education & the Workforce Committee, coauthor of the No Child Left Behind Act, and was recently recognized for his leadership in education technology. In response to the bill’s introduction, SIIA issued a statement of support of the legislation as an important step forward in providing our students and educators with the technology supports they need for success in school and in the workplace.  SIIA also joined with a coalition of organizations endorsing the bill, representing K-12 teachers, technology officers, administrators and high-tech companies. Read more on SIIA’s Digital Discourse Blog.

Obama on Patent Reform:  We’re Not Done Yet, Patent Trolls Need to be Reined In

Last week, President Obama took the opportunity in a public video chat to urge for more work to be done to stop abusive patent lawsuits.  Noting that recent patent reform efforts were “only a partial fix to the patent troll problem,” President Obama went on to say that “there’s a delicate balance between protecting intellectual property and making sure people aren’t ruined financially by patent trolls. What we need to do is pull together additional stakeholders and see if we can build some additional consensus on smarter patent laws.” Read more on SIIA’s Digital Discourse blog.

SIIA’s CloudGov Conference Features Lively Discussion on Emerging Federal IT Issues

SIIA’s Cloud/GOV 2013 conference held last week played to a packed house of federal IT employees, contractors, IT companies and policymakers. Event attendees were treated to keynote addresses from Federal CIO Steve VanRoekel, DOD DCIO Dave DeVries, and Rep. Darrell Issa (R-CA). They also heard a variety of perspectives on topics ranging from how the convergence of cloud and data analytics can make government more effective, to the latest on FedRAMP, and how to choose the right cloud solution. Making news was the announcement by GSAs Kathy Conrad that there is an RFI in the works to look at privatizing the management of the FedRAMP 3PAOs. GCN has a good roundup on the FedRAMP discussion, and video of the event is available online for those that missed it.

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.

SIIA Cloud/Gov Conference to Focus on Federal IT Reform

SIIA is excited to announce that Federal CIO Steven Van Roekel has been added to the Cloud/GOV agenda as our opening keynote speaker next Tuesday, Feb. 12. VanRoekel joins an already impressive lineup of government and industry speakers, including Rep. Darrell Issa (R-CA), Chairman of the House Oversight and Government Reform Committee and many high-level federal IT officials. The event will provide a comprehensive look at recent and proposed federal policy changes that promise to greatly alter the Federal IT landscape, including focuses on emerging Cloud and FedRAMP-related issues, and the convergence of the cloud and “big data” analytics.

If you haven’t yet done so, register, or contact Mike Hettinger with questions.

In Wake of WCIT, Internet Governance Returns to Capitol Hill

Today, three House subcommittees hosted a joint hearing on Internet governance. Specifically, the focus of hearing was the fallout from the World Conference on International Telecommunications (WCIT) last December, where there was strong support among many nations for a proposal to bring the Internet within the regulatory purview of the International Telecommunications Union (ITU), a United Nations agency. Despite the refusal of the USG and 54 other nations to sign the treaty, Chairman Walden has correctly framed the WCIT as the “start, rather than the end, of efforts to subject the Internet to international regulation.”

Also a topic of the hearing is draft legislation proposing to make it the policy of the United States to promote a global Internet free from government control. While SIIA strongly supports the intent of the legislation, President Ken Wasch sent a letter to the Subcommittee leaders urging modification to the draft legislation to clarify that it’s regulation from unelected bodies like the ITU that needs to be avoided, rather than establishing the Internet as a “government-free zone.”

FTC Weighs in on Mobile Privacy

Last Friday, the FTC issued another staff report on mobile privacy, making recommendations for mobile platforms (operating system providers), app developers, advertising networks and analytics companies, and app developer trade associations, mainly aimed at providing enhanced privacy disclosures about the data they collect and how the data is used. This comes a day after the NTIA-led multistakeholder discussions concluded its ninth meeting, where significant progress appears to be emerging in a cooperative effort towards a voluntary code of conduct. In response to the report, SIIA posed a reminder to the FTC that the increase in “mobile” devices doesn’t represent a shift to the increase in personalization of devices.

It’s hard to tell how these recommendations will impact the ongoing multistakeholder discussions, if at all. But perhaps more important was the settlement announced by the FTC the same day with social networking provider, Path. In the Settlement Path agreed to settle FTC charges that it deceived users by collecting personal information from their mobile device address books without their knowledge and consent. Most importantly for companies providing mobile apps is the FTC’s victory in charging Path with “misleading” practices and not providing customers with meaningful choice regarding collection of their personal information, because the app – contrary to notice provided to users – automatically collected and stored personal information from the users mobile device address book even in the absent of consent.

Once again, the FTC is demonstrating that it will aggressively enforce its current authority by charging companies that are misrepresenting, or at least believe to be misrepresenting, their data collection practices.

EU Cybersecurity Strategy Reportedly Imminent

Reports suggest that the European Commission will be releasing its cybersecurity proposal on Thursday, February 7, and that it will impose strong new requirements on all entities doing business in Europe. The proposal will be backed by the Commission’s directorate general for foreign policy and defense, technology and telecommunications, and home affairs. The basic rational for the new regulatory proposal is market failure. The draft document concludes: “The current situation in the EU, reflecting the purely voluntary approach followed so far, does not provide sufficient protection against network and information security incidents and risks across the EU.”

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.

Digital Trade Become Key Areas of Focus in 2013

Reflecting the importance of digital products & services in international trade, there have been several key developments over the past couple weeks.

First, on January 8th, the U.S. International Trade Commission (USITC) announced the launch of two investigations into the role of digital trade in the U.S. and global economies. Requested by Senate Finance Committee in 2012, the investigations are intended to explore how digital trade has increased rapidly in recent years and is an increasingly important activity within the global economy, and to explore the challenges that policymakers are facing, balancing the need to keep digital trade open while protecting and securing data and privacy. In conjunction with the investigations, the USITC will hold a hearing and in early March and has been tasked with producing two reports for Congress describing the nature, opportunities and challenges of digital trade, and how it can be harnessed for U.S. economic growth broadly and by various sectors.

And on January 15th, the Office of the U.S. Trade Representative (USTR) formally notified Congress that it intends to begin negotiations for a plurilateral services agreement within the next 90 days. In its notification, USTR outlines several key objectives, including negotiation of a deal that covers new Internet-based services. The negotiations are expected to include discussions on permitting the free flow of data across borders, as it has in the context of the negotiations for a Trans Pacific Partnership trade agreement.

Key House Committee to Explore Privacy/Data Security

Last week, House Energy and Commerce Committee Chairman Fred Upton indicated that he will soon release a list of priority issues and initial hearings for the Committee, with the theme being “a smaller, modernized government that is geared for the innovation era — where obsolete programs are shed for fresh approaches that foster growth and advancement in all sectors of our economy.”

On privacy, new Commerce Subcommittee Chair Lee Terry (R-NE) indicated last week that the Subcommittee would soon return to the online privacy and data security debates that took place under former Chair Mary Bono Mack (R-CA) in 2012, and that the focus on data security will likely use her Secure DATA Act as a “starting point” but will make modifications. More broadly on privacy issues, Chairman Terry will also use the hearings and discussions of the last two years and build from there, and he is considering the creation of an online-privacy-focused task force comprised of members of the Subcommittee.

SIIA Supports USPTO’s Proposed Improvements to Patent Ownership Rules

Last week, SIIA filed comments with the USPTO strongly supporting the Office’s proposed new requirements for recording real-party-in-interest (RPI) information in patent cases. In its comments, SIIA explained that under the present system it is too easy for RPIs to hide behind legal fictions, making it very difficult to determine what patents a company owns. A requirement by the USPTO that make available complete, current and accurate RPI information will improve the efficiencies of licensing, transparency of the patent system, litigation and patent prosecution.

SIIA Kicks off President’s Second Term with Ed-Tech Ball

SIIA helped host the NCTET Bytes & Books Inaugural Ball featuring an award to Rep. George Miller (CA), ranking Democrat on the House Education & Workforce Committee, and remarks by U.S. Under Secretary of Education Martha Kanter. SIIA’s Mark Schneiderman is president of NCTET (National Coalition for Technology in Education & Training) delivered remarks to the 400+ education, public policy and high-tech leaders in attendance. Distinguished guests included NY Senator Kirsten Gillibrand, US DoED Assistant Secretary Deb Delisle, and Special Assistant to the President for Education Policy Roberto Rodriguez. Event supporters included the National Education Association, PBS, SMART Technologies, Pearson, Pearson Foundation and, of course, SIIA. The event celebrated the Inauguration of President Obama, the election of the 113th Congress, awards to six distinguished education leaders, and the role of technology to improve education.

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.

Patent Policy Starts 2013 on Front Burner

Out of the gate in 2013 there has been a heavy focus on patent policy in Washington. Beginning with a rare joint statement, the U.S. Justice Department and the Patent and Trademark Office on Jan. 8th spoke out against lawsuits over standards-essential patents as a threat to competition and a harm to consumers. The statement was targeted at the International Trade Commission (ITC), which considers requests from companies to block products from the market over patent infringement and has a legal mandate to consider the effects on the public. According to the agencies, the Commission could deny a request or delay an order to give companies more time to negotiate a license agreement if they perceive potential harm to the public interest.

And on Monday, President Obama signed into law H.R. 6621, which amends provisions of the America Invents Act enacted in September 2011. While the America Invents Act was an effective first step in addressing the problem of abusive patent litigation by trolls, SIIA joined with other leading technology groups late last year warning that patent trolls continue to damage the economy, hurt America’s tech industry, and threaten innovation. In the letter, SIIA formally called on Congress to enact legislation that provides more safeguards to prevent the economic and consumer harm caused by abusive patent lawsuits. Read more on SIIA’s Digital Discourse Blog.

Europe Preparing to Launch Cybersecurity Strategy and Legislation

While we await an expected executive order on cybersecurity from President Obama in the near future, the EU is seeking to release a Cybersecurity Strategy and Directive to harmonise cybersecurity across Member States. The cyber proposal, which the EC hopes to release in late January, would require increased preparedness and improved cooperation among States, and require operators of critical infrastructure and public administrations to adopt common guidelines to manage security risks and report serious threats.

Although the Directive recognizes that Member States will ultimately be responsible for their own cybersecurity, it would establish a common high level of protection across all the Member States through the proposal of specific, EU-level activities to enhance the EU’s overall performance. Similar to U.S. proposals, the EC drafts made available are ambiguous with respect to specific definitions of critical infrastructure and baseline security requirements, but the proposal is likely to raise similar concerns from companies for being too prescriptive and stifling cybersecurity innovation.

CFAA Reform Gets Boost from Schwartz Suicide

An issue that already had momentum in the last Congress, efforts to reform the 1986 the Computer Fraud and Abuse Act (CFAA) has received increased attention in the wake of Aaron Schwartz’ recent suicide. Schwartz was facing charges under the CFAA for unauthorized access to the MIT website, where he downloaded academic articles from its online archive, called JSTOR, and made them publicly available. The CFAA was the subject of several proposed legislative reforms in 2012, and SIIA has been engaged, seeking to preserve the ability of SIIA members to use the CFAA to deter and prevent unauthorized access to or misuse of databases, subscription services and cloud services. While we knew this issue was going to remain ripe for debate again in 2013, Swartz’ recent suicide has likely increased support among policymakers to reform the CFAA sooner, rather than later.

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