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May 14, 2008

Internet Caucus Dips Toe In 'Net Neutrality' Waters

The Congressional Internet Caucus Advisory Committee will host a luncheon discussion on Thursday featuring a panel of former FTC and FCC officials who will debate how much authority, if any, those agencies have to police alleged "net neutrality" problems -- should they arise. Panelists include Stifel Nicolaus analyst Rebecca Arbogast, Dan Caprio, Kyle Dixon, Harold Furchtgott-Roth, and Christine Varney. Read more here.

Posted by Andrew at 10:10 PM | | Comments (0) | TrackBacks (0)

May 12, 2008

Music Group Tries To 'Demystify' Rights

The 320,000-member American Society of Composers, Authors and Publishers published a position paper last week to "demystify the basic rights of music creators" amid growing confusion and concern around music copyright issues. The topic has been a recent favorite on Capitol Hill.

The paper helps define a "right" and copyright basics; and explains the meaning of "performing rights." It also asks the gazillion-dollar question: "Are rights still relevant in the digital age?" The document also includes a "Bill of Rights for Songwriters and Composers," which has collected over 6,000 signatures in support to date online.

The document centers around 10 core principles like: "We have the right to be compensated for the use of our creative works, and share in the revenues that they generate." In addition to the flurry of online signatures, a number of prominent musicians have backed the effort, including Lionel Richie, Stacy "Fergie" Ferguson and Justin Timberlake.

If they haven’t already, the group might want to send a copy of the position paper and bill to the 200-plus members of the House who have signed a resolution to fight legislation to nix an exemption granted to AM and FM radio stations that allows them to broadcast music without paying royalties.

A similar effort just began in the Senate. Read more about it CongressDaily's AM edition on Tuesday.

Posted by Andrew at 10:16 PM | | Comments (0) | TrackBacks (0)

House Science Committee Visits The Lone Star State

The House Science Committee on Monday held a field hearing in ranking member Ralph Hall's congressional district that focused on how to engage students in math and science at an early age. At the Texarkana, Texas event, Chairman Bart Gordon pledged to continue to advocate for "the best tools and technologies in our classrooms in order to grow a new generation of innovators to compete in this new global economy."

"The United States’ economy will depend on having a highly skilled workforce in order to compete globally," Gordon said in a statement. "We have enormous responsibility to support younger students’ growth, to stimulate their interest, and to ensure that they are prepared for higher level work in subsequent grades and beyond.”

Witnesses included officials from the National Science Foundation; Texas A&M University; the Texarkana Independent School District; North Heights Junior High School; and aluminum manufacturer Alcoa.

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May 09, 2008

Former IP Czar Downplays 'Net Neutrality' Legislation

Forbes.com published an op-ed Friday written by former Bush administration IP czar Chris Israel. In it, the Institute for Policy Innovation fellow discusses the recent announcement made by Comcast and BitTorrent that they will work together to find a market-based solution to challenges posed by the bandwidth demands of peer-to-peer file sharing.

According to Israel, the news "further demonstrates that an intrusive government 'network neutrality' regime is not necessary, and this provides a more promising future for protecting intellectual property online." In the debate over net neutrality, he writes, the issue of who gets to do what with the network they built has been the main sticking point while stopping the flow of illegal content has played a somewhat secondary role.

Meanwhile, House Judiciary Committee Chairman John Conyers and Rep. Zoe Lofgren, D-Calif., added to the ongoing debate over the topic on Capitol Hill on Thursday by introducing a bill that would require pipeline providers to interconnect on "a reasonable and nondiscriminatory basis" and ensure all legal content, applications and services have an equal opportunity to reach consumers.

Their bill, which approaches net neutrality from an antitrust angle, differs from a measure introduced by Energy and Commerce Telecommunications and the Internet Subcommittee Chairman Edward Markey, D-Mass., which is FCC-focused. Read CongressDaily's latest coverage here.

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May 07, 2008

Wyden Still Hopeful For Net Neutrality Bill

Sen. Ron Wyden, D-Ore., told us Tuesday that he is "not giving up on this Congress" but the current push for network neutrality legislation may frame the debate for a more fruitful fight in a new Congress with a new presidential administration. Markey's bipartisan bill will be the basis for the most significant action in the coming months, he predicted after speaking to members of the Computer and Communications Industry Association.

"Executives that we've protected under federal law from regulatory pounding and discriminatory taxes say 'now we've got right to charge tolls beyond legitimate fees,'" Wyden told the trade group. The more that telecom firms "use their monopoly power, the more they run the risk of losing immunity protections" granted under Section 230 of the Communications Act and the Internet Tax Freedom Act, which he sponsored.

"The sword cuts both ways," Wyden said, vowing to "take whatever steps necessary on the floor of the U.S. Senate [to protect] equal treatment of bits and bytes across our land."

Posted by Andrew at 08:03 AM | | Comments (0) | TrackBacks (0)

May 06, 2008

Lofgren Sheds Light On Copyright 'Dark Archives'

Rep. Zoe Lofgren, D-Calif., plans to introduce and withdraw several amendments at Wednesday's House Judiciary Courts, the Internet, and Intellectual Property Subcommittee mark up of so-called "orphan works" legislation to spotlight changes that she believes are needed before the bill reaches the House floor. The measure, introduced by the subcommittee's chairman Howard Berman, D-Calif., is aimed at reworking part of U.S. copyright law that deals with musical tracks, writings, images or videos whose owners cannot easily be located.

While she wanted to keep specifics of her amendments under wraps to "maintain the element of surprise," Lofgren said Tuesday that one proposal would erase what has become known as a "dark archives" provision, which would require individuals to notify the Copyright Office of their intention to use an orphan work. The American Library Association and others believe that language would drive up compliance costs and require academics to confer with university lawyers prior to filing submissions with the office.

Rep. Rick Boucher, D-Va., also reportedly has problems with the bill, which is cosponsored by Judiciary Committee Chairman John Conyers, ranking member Lamar Smith and the IP subcommittee's top Republican Howard Coble of North Carolina.

Posted by Andrew at 11:53 PM | | Comments (0) | TrackBacks (0)

House Leaders Urge Preservation Of ICANN Role

House Energy and Commerce Committee Chairman John Dingell and ranking member Joe Barton joined 14 other colleagues on Tuesday in sending a letter to Commerce Secretary Gutierrez praising the administration's continued oversight of the international entity charged with administering the Internet.

The lawmakers also asked the Commerce Department to comment on the possibility of an overseas relocation of the Internet Corporation for Assigned Names and Numbers, which is currently based in Marina Del Ray, Calif. Rumors have swirled in recent years that some foreign government and industry stakeholders want ICANN's headquarters to move to Brussels.

The concern comes as ICANN's leaders gradually try to transition the coordination of technical functions of the Web to the private sector. "Any change that threatens the important U.S. role in promoting U.S. commercial and free speech principles on the Internet can only hurt the consumers and businesses that count on this network every day," they wrote.

The letter requests a response to a handful of questions about ICANN's future within two weeks time. While ICANN remains the "best option for reaching consensus in an increasingly divided world," members said the organization should ensure transparency and promote greater accountability in its operations. ICANN constituents meet several times a year and their next meeting is scheduled for June 22-26 in Paris, France.

Posted by Andrew at 11:50 PM | | Comments (0) | TrackBacks (0)

Boucher Skips High-Tech Talk

Rep. Rick Boucher, one of the Computer and Communications Industry Association's best friends on Capitol Hill, skipped his scheduled keynote at the trade group's annual Washington Caucus on Tuesday. Sources told Tech Daily Dose that the Virginia Democrat confirmed his attendance Monday night but CCIA President Ed Black announced right before his scheduled timeslot that Boucher had called in sick.

The prominent member of the House Judiciary Courts, the Internet, and Intellectual Property Subcommittee is the sponsor of a bill introduced last February that would amend the Digital Millennium Copyright Act by changing some provisions that ban the use of technologies aimed at defeating IP protections. CCIA was one of the proposal's biggest industry backers in the 110th Congress and in prior sessions.

Boucher has been rumored to be a front-runner for the top spot at the IP subcommittee in the 111th Congress, when its current chairman Rep. Howard Berman, D-Calif., is expected to take the helm at the House Foreign Affairs Committee. CCIA and its high-profile Silicon Valley member companies watch the panel closely and routinely weigh in on its actions.

Posted by Andrew at 09:45 AM | | Comments (0) | TrackBacks (0)

April 30, 2008

Patent Lobbyists Spend $4.3 Million

A New York Times story on Wednesday estimated that in 15 months, two dueling business coalitions have spent $4.3 million lobbying on legislation that would overhaul the U.S. patent system. Other than that little nugget, the story served as a pretty succinct look back at one of the biggest battles in the 110th Congress. The story introduces the players, examines the issues underpinning the call for reform and does a decent job of articulating the opposition. Of course, for the blow-by-blow, CongressDaily is a good place to turn -- but hey, we're a little biased. Read the full story here.

Posted by Andrew at 09:02 AM | | Comments (0) | TrackBacks (0)

April 26, 2008

Cyberlaw Clinic Chief On 'Orphan Works' Bill

Jennifer Urban, interim director of Stanford Law School's Cyberlaw Clinic, offered us insight on the introduction of House and Senate legislation last week that would change how the U.S. copyright regime deals with "orphan works" -- content whose owners cannot be easily identified. She said the bills set a balanced framework for allowing filmmakers, libraries and others to move forward when they cannot find the owner of a copyrighted work.

With today's lengthy copyright terms, corporations go defunct and heirs lose interest or are never aware of the work, Urban pointed out. Plus, works that owners never found economically valuable (old family film footage, photographs) are covered by copyright and are therefore too risky to use if the owner can't be found. Content that is not economically valuable can still be incredibly culturally valuable, she added.

Urban and her squad of cyberlaw students have been representing independent and documentary filmmakers for three years as they have weighed in and helped shape the reform effort. "There is still work to be done, but the introduction of these bills is a big step forward," she said.

Read CongressDaily's latest orphan works coverage here.

Posted by Andrew at 11:43 AM | | Comments (0) | TrackBacks (0)

April 24, 2008

Senate Judiciary Begins Mark Up Webcasts

Senate Judiciary Committee Chairman Patrick Leahy announced this week that his panel will begin streaming live webcasts of its executive business meetings. The online offering, spearheaded by one of Capitol Hill's tech-savviest senators, begins Thursday when the committee is slated to consider a state secrets reform bill and a handful of other measures.

In accordance with government transparency legislation, which was signed into law last September, congressional committees are required to provide to the public video or audio recordings, or written transcripts. Leahy said the committee, which already provides video or audio webcasts of all legislative and oversight hearings, will also begin webcasting deliberations involving judicial and executive nominations.

Posted by Andrew at 12:54 PM | | Comments (0) | TrackBacks (0)

Small Biz Bill Budget Boost May Be Revived

Before passing 368-43 a bill to reauthorize a pair of federal small business assistance programs, the House Wednesday removed provisions that would have diverted $650 million per year from the research budgets of the Defense and Energy departments, National Institutes of Health and other agencies, according to CongressDaily's AM edition.

The change, accomplished by Small Business Chairwoman Nydia Velazquez’ acceptance of an amendment from Rep. Vernon Ehlers, R-Mich., to strike those increases from the bill, addressed White House objections to taking funds from other departments. A Statement of Administration Policy said the administration strongly opposed the bill, which it said goes too far in relaxing constraints on venture capital ownership of firms receiving SBIR and STTR monies.

The adoption of Ehlers' amendment happened quickly and without much fanfare, which made me wonder why supporters of the funding boost seemed to roll over so quickly. An aide for a lawmaker who supported the bill indicated that members wanted to pick their battles and pass a meaningful measure by a large margin during National Small Business Week. Some are holding out hope that language could be reinserted in a Senate version, which has not been introduced.

"The bill that goes through the House isn’t our last chance to get something through," the aide said. "There could be opportunities down the road to resolve that." The reauthorization has a two-year timeline so champions of the SBIR/STTR budget boost could revisit the issue a couple of years from now -- under a new administration, the aide said.

Posted by Andrew at 11:37 AM | | Comments (0) | TrackBacks (0)

April 23, 2008

Specter Slams Fellow GOPers For Missing Hearing

Senate Judiciary Committee ranking member Arlen Specter on Wednesday took Republican colleagues to task for not showing up for a key hearing on "national security letters," administrative subpoenas that let FBI agents collect telephone, computer and financial data on individuals suspected in antiterrorism cases without a court order.

"I wouldn’t be anywhere else," he said, joking that his presence really was not needed because of such a large showing of fellow GOP committee members. A half-hour into the hearing, none had shown up. "This is a prized committee, very keenly sought after by members of the U.S. Senate," Specter added. And if Republican members were in attendance, he'd tell them that too.

At last check, three Demcorats, in addition to Judiciary Committee Chairman Patrick Leahy, attended the hearing. As I was finishing this post, Sen. Jeff Sessions, R-Ala., showed up.

Posted by Andrew at 10:28 AM | | Comments (0) | TrackBacks (0)

April 22, 2008

Quote(s) Of The Day

"I believe I am the only panelist to have written a film about a robot poker tournament in Space Vegas in the year 3009 so I think my expertise in the area is unquestionable." -- Writers Guild of America, West President Patric Verrone during his Tuesday testimony before the Senate Commerce Committee on the future of the Internet.

And a follow-up, which was used as "The Final Word" in CongressDaily's PM:

“You’re not looking very cheerful right now … and you usually do. I want you to be glad that you’re here.” -- Sen. John (Jay) Rockefeller, D-W.Va., speaking to FCC Chairman Kevin Martin at the same hearing.

Posted by Andrew at 09:16 PM | | Comments (0) | TrackBacks (0)

When In Doubt, Blame Porn?

My reporting on Tuesday's Senate Commerce Committee "Future of the Internet" hearing, which appeared in CongressDaily's PM edition (and Wednesday's AM) was absent one component that has been on my mind all afternoon. So, I thought I'd address it here: the Christian Coalition of America's testimony in favor of "network neutrality" legislation.

The religious group, which relies on Web communications to spread its gospel (and has been an active member of the Save the Internet coalition), could have made a convincing argument in favor of legislation that would bar broadband providers from blocking or filtering legal content that travels on their networks -- but pesky pornography got in the way.

In her testimony, coalition spokeswoman Michelle Combs railed against the adult entertainment industry, alleging that XXX has stayed quiet on net neutrality because "any unsavory producer of content should be worried that its content could be disadvantaged in a non-neutral network." Then she suggested the porn biz "knows that it will be able to pay premium prices to be on the fast lane with exceptional quality of service provided by the cable industry." Huh?

I'm not rushing to porn's defense here nor am I coming out on either side of the net neutrality debate, but I would imagine that some legitimate adult content producers are a wee bit worried about a climate, regardless of its probability, where content that is deemed "inappropriate" could be blocked by the pipeline provider at the flip of a switch.

I don’t know whether the porn lobby has weighed in on net neutrality but I'll be sure to ask. In the meantime, maybe Combs should fine-tune her talking points.

Posted by Andrew at 08:49 PM | | Comments (0) | TrackBacks (0)

Sneak Peek At Justine's Testimony?

I did a bit of YouTube searching and came up with this red carpet video from IFC's recent Independent Film Awards. In it, Justine Bateman, who will testify at the Senate Commerce Committee's "Future of the Internet" hearing on Tuesday, reveals that she and several others have launched the online production company FM78.tv.

The start-up is about to begin shooting its first sitcom that takes place in a candy factory. Bateman will have a starring role. All of the studio's work -- TV and film -- will be distributed over the Internet, she said, praising the online content distribution business. "It's not the future. It's already happening. It's already now."

Posted by Andrew at 07:51 AM | | Comments (0) | TrackBacks (0)

FCC Chairman Added To Senate Internet Hearing

The Senate Commerce Committee made a last minute addition to its witness line-up for Tuesday's "Future of the Internet" hearing. FCC Chairman Kevin Martin will join a diverse panel to discuss successes and challenges associated with the World Wide Web.

Other witnesses include actress Justine Bateman, best known for her work on the television show "Family Ties;" the Christian Coalition of America's Michele Combs; Stanford Law School's Lawrence Lessig; National Cable and Telecommunications Association President Kyle McSlarrow; Writers Guild of America, West President Patric Verrone; and the American Enterprise Institute's Robert Hahn.

Read CongressDaily's preview story for a taste of what to expect.

Posted by Andrew at 07:45 AM | | Comments (0) | TrackBacks (0)

April 18, 2008

Congressional Field Trip: Mall Of America

A key contingent of the House Homeland Security Committee will travel to Minneapolis/St. Paul, Minn., on Monday to visit the Mall of America, the nation's largest retail and entertainment complex. But members of the Subcommittee on Intelligence, Information Sharing and Terrorism Risk Assessment won't be there for a spring shopping spree or to ride the SpongeBob SquarePants Rock Bottom Plunge indoor rollercoaster -- they'll be meeting with the mall's top-notch security team.

SecuritySolutions.com reports that the massive center's security office keeps watch over a console with 14 monitors -- 12 that run in a quad view, displaying video from four cameras at once and sequencing through 125 cameras. Two of the monitors let officers call up any camera they want, using a joystick and buttons on the console to select monitor numbers.

Lawmakers will also discuss information sharing and critical infrastructure issues with the Minnesota Joint Analysis Center and will swing by the Xcel Energy Center, the site of the Republican National Convention, for a briefing with the U.S. Secret Service.

Posted by Andrew at 03:01 PM | | Comments (0) | TrackBacks (0)

TiVo Alert: Rep. Doyle On 'The Communicators'

Rep. Mike Doyle, D-Pa., will discuss a number of telecommunications policy issues on the next installment of C-SPAN's public affairs series "The Communicators." The half-hour interview with the vice chair of the House Subcommittee on Telecommunications and the Internet will air Saturday at 6:30 p.m. on C-SPAN 1 and on Monday at 8 a.m. and 8 p.m. on C-SPAN 2. Topics include so-called "net neutrality" legislation; the digital television transition; the Skype petition for an open wireless Internet; and the 700 Mhz auction and the lack of bidders on the "D-block."

Posted by Andrew at 12:38 PM | | Comments (0) | TrackBacks (0)

Lessig: ChangeCongress Movement Gaining Speed

The recently launched ChangeCongress campaign, whose goal is to combat the influence of money in American politics, will kick into high gear this weekend when creator Larry Lessig and his supporters will begin what he calls the "wiki-work" of identifying and tagging candidates to show on an interactive, color-coded map where they stand on campaign finance issues.

Lessig, a law professor at Stanford University, unveiled the initiative in March after deciding not to run for the seat of the late Rep. Tom Lantos, D-Calif. He said his chances for winning were slim and he could better advance his agenda through an effort outside Congress. Lessig told Tech Daily Dose on Friday that the latest stage of his project should be finished in about month "and then we'll have a clear map of where commitment for reform is." Read CongressDaily's original story about Lessig's effort here.

Posted by Andrew at 12:19 PM | | Comments (0) | TrackBacks (0)

April 15, 2008

Senate Democrats Debut New Tech Site

Senate Democrats unveiled a sleek but simplistic new Web site on Tuesday for their High Tech Task Force -- a group that coordinates activities with the chairmen and members of the Senate Commerce, Energy, Finance, and Judiciary Committees. Senate Majority Leader Harry Reid used the occasion to point out his party's "long relationship with high technology researchers, developers, and manufacturers."

"We created the High Tech Task Force to underscore the importance of that relationship and to help foster its continued growth," Reid said. "The task force relies upon the knowledge and expertise of those in our caucus who are already doing important work on policy initiatives related to America’s leadership in technology."

Sen. Mark Pryor of Arkansas, who co-chairs the group with Sen. John Kerry of Massachusetts, noted in a press release that "an active dialogue and pro-growth agenda will help ensure America is at the forefront of innovation and competitive in the global marketplace." The task force serves as a vehicle for that communication, he said.

Posted by Andrew at 12:33 PM | | Comments (0) | TrackBacks (0)

April 14, 2008

Rep. Frank Takes Stand Against Web Gambling Ban

Legislation that would prohibit the Treasury Department and Federal Reserve from proposing, prescribing or implementing any regulations related to the current ban on Internet gambling was introduced late last week by House Financial Services Chairman Barney Frank, D-Mass., and Rep. Ron Paul, R-Texas.

Unlawful Internet Gambling Enforcement Act regulations "are impossible to implement without placing a significant burden on the payments system and financial institutions," Frank said. "While I do disagree with the underlying objective of the act, I believe that even those who agree with it ought to be concerned about the regulations’ impact.” The Domestic and International Monetary Policy Subcommittee held a hearing on the topic this month.

Safe and Secure Internet Gambling Initiative spokesman Jeff Sandman said the legislative move was bold but necessary in light of warnings from the Treasury and Federal Reserve that they did not know how to write regulations to solve problems the law created. Testimony at the hearing offered proof that financial services would also face serious regulatory burdens in attempting to enforce the ban, the group said.

Read CongressDaily's April 2 hearing story here.

Posted by Andrew at 10:36 AM | | Comments (0) | TrackBacks (0)

April 11, 2008

Markey Weighs In On FTC Behavioral Ad Proposal

Rep. Edward Markey, D-Mass., who heads the House telecommunications subcommittee, commended the FTC on Friday for appropriately recognizing "the pressing need for updated online privacy protections for children that reflect the sophisticated data collection and behavioral targeting practices now used widely across the Internet." Public comments on guidelines proposed by the agency were due at the end of the week.

"Without stronger protections, including a prohibition on collecting data on children’s and teens’ online activities, young Internet users may become unwitting targets of the ‘hidden persuaders’ of the digital age," Markey said. "The evolution of online behavioral advertising since the enactment of the Children’s Online Privacy Protection Act requires a commensurate rejuvenation of privacy safeguards."

Read CongressDaily's preview story about the FTC's proposal here.

Posted by Andrew at 03:02 PM | | Comments (0) | TrackBacks (0)

April 10, 2008

House Judiciary Leaders Watch 'YahooGooAOL'

House Judiciary Committee Chairman John Conyers, D-Mich., and ranking member Lamar Smith, R-Texas, followed Sen. Herb Kohl's lead in weighing in on the recent announcement of a trial venture between rivals Yahoo and Google and news reports of a possible Yahoo/America Online merger.

"In February, the House Judiciary Committee announced plans to hold a hearing on the state of competition on the Internet," they wrote in a Thursday statement. The latest announcements "further underscore the need for a hearing on the state of competition on the Internet and online advertising." The committee's Task Force on competition and antitrust task force "will continue to explore these issues," they wrote.

Posted by Andrew at 06:02 PM | | Comments (0) | TrackBacks (0)

Senate Patent Bill In Flux As Specter Bows Out

From Thursday's CongressDaily AM edition:

Senate Judiciary Chairman Patrick Leahy does not have Judiciary ranking member Arlen Specter's support on legislation to overhaul the U.S. patent system -- at least for now. Specter issued a statement Wednesday saying the two have not come to an agreement on language that would address how damages are awarded in infringement lawsuits.

"We thought we had reached an agreement on this matter, but the language continued to shift, so we do not yet have a deal on the package," Specter said. "I am hopeful that we can reach an agreement, but more work has to be done to get it right." Read the full story here.

Posted by Andrew at 09:49 AM | | Comments (0) | TrackBacks (0)

Sen. Kohl Keeps Eye On Yahoo-Google Deal

A Wednesday announcement that Internet search firm Yahoo would begin limited testing of rival Google's advertising delivery service got the attention of Senate Judiciary Antitrust Subcommittee Chairman Herb Kohl. The experiment, which will apply to no more than 3 percent of Yahoo's search traffic in the United States, will be watched closely by Kohl to ensure that it does not harm competition.

The project follows closely on the heels of Google's acquisition of online ad firm DoubleClick. A Google-Yahoo alliance "would represent even further consolidation in the Internet advertising market," he said. Yahoo previously said its board is exploring such partnerships for the benefit of shareholders. The company recently rebuffed an unsolicited buyout offer by Microsoft.

Stanford Group analysts also noted in an e-mail that there were reports late in the day of a Yahoo-America Online merger. As part of the proposal, AOL would contribute cash and receive about 20 percent of the combined company. Yahoo would apparently tender for billions of dollars of its stock. Meanwhile, rumors swirled of a Microsoft/News Corp. one-two punch to try to woo Yahoo.

Posted by Andrew at 09:09 AM | | Comments (0) | TrackBacks (0)

April 09, 2008

'Congress Has Given Up On The Actual World'

Comedy Central's "The Daily Show" put its unique (and hilarious) spin on the recent House Energy and Commerce Telecommunications and the Internet Subcommittee hearing on virtual worlds like Second Life. Jon Stewart's take: "It's official: Congress has given up on the actual world."

Posted by Andrew at 01:05 PM | | Comments (0) | TrackBacks (0)

April 08, 2008

Gephardt Hired By Patent Reform Proponents

CongressDaily's AM edition on Tuesday reported that the Coalition for Patent Fairness, which has championed the congressional effort to overhaul the U.S. patent system, hired former Sens. Trent Lott, R-Miss., and John Breaux, D-La., to help lobby on behalf of the group. Tech Daily Dose has now learned that the coalition added another power player to its roster -- former House Minority Leader Richard Gephardt, D-Mo. The prominent policymaker, who ended his three-decade political career in 2005, is now senior counsel at the law firm of DLA Piper.

Posted by Andrew at 01:44 PM | | Comments (0) | TrackBacks (0)

Sen. Hatch's 'Inequitable Conduct' Pitch

As I reported in Monday's CongressDaily PM edition, some biotechnology and pharmaceutical industry executives are rallying around a proposal by Sen. Orrin Hatch, R-Utah, to change "inequitable conduct" language in the Senate's pending patent reform bill. Read the full story (with details about Hatch's proposal) here.

Hatch, a longtime follower of intellectual property issues, told me in an e-mail after deadline that his proposal also enjoys the support of the American Bar Association's IP section and he believes current inequitable conduct law is "unworkable." "The punishment for what is deemed inequitable too often doesn’t fit the 'crime.' We need to change it," he said.

Inequitable conduct is a "central piece of the patent reform puzzle" but legislation is a collaborative process, he said, adding that he is confident that Senate Judiciary Committee Chairman Patrick Leahy "is working to get all the necessary pieces together." Updates to the patent bill, which Leahy and Hatch introduced last year, are on the way. Expect to read more on that in CongressDaily soon.

* * * *

While some are on board with various proposals floated to change the system, others prefer the status quo. Apotex Corporation, Barr Pharmaceuticals, the Generic Pharmaceutical Association, Teva Pharmaceuticals and others wrote to Senate leaders last month asking for them to preserve the inequitable conduct doctrine, which they called "one of the most basic of defenses against gaming the system."

"In the context of pharmaceuticals, the defense enables a fair and timely resolution to litigation and a competitive marketplace, not to mention the removal of improperly obtained patents from our system," they explained. Without the defense, the patent system "could become more vulnerable, patent quality could decrease, and affordable generics could be kept off the market," they warned.

Posted by Andrew at 09:08 AM | | Comments (0) | TrackBacks (0)

April 03, 2008

CEA Honors Sen. Leahy, Rep. Davis, Verizon CEO


(Photo Credit: Office of Sen. Patrick Leahy)

"We will get that patent bill done," Senate Judiciary Committee Chairman Patrick Leahy vowed Wednesday night at the Consumer Electronics Association's Washington Forum. The Vermont Democrat, who was honored as a CEA Digital Patriot, spoke about the controversial reform measure he sponsored during his award acceptance speech. The bill is awaiting floor debate and a companion measure has already passed the House.

Commonly referred to as the "cyber senator," Leahy also reaffirmed his belief in the power of high-tech innovation. "Access to technology protects the rights and freedoms of American consumers," he said. A video tribute to him featured praise from Sen. Orrin Hatch, R-Utah; House Oversight and Government Reform Chairman Henry Waxman, D-Calif.; Rep. Darrell Issa, R-Calif.; and others.

Retiring Rep. Tom Davis, R-Va., who is ranking member of the Oversight and Government Reform Committee, was also named a Digital Patriot. CEA President Gary Shapiro said Davis "will be missed by both sides of the aisle" and begged him not to leave Capitol Hill. "There are three ways to leave public office and two of them aren’t very pleasant. I'm opting for the third," Davis joked.

Verizon CEO Ivan Seidenberg was also honored at the banquet. Leahy and Davis both noted that they had Verizon "in their pocket" and at home. I'm sure that was music to Seidenberg's ears.

Posted by Andrew at 09:49 AM | | Comments (0) | TrackBacks (0)

April 01, 2008

Congress Wades Into Web Gambling Controversy

From CongressDaily's TechCentral

In the wake of a recent threat by the European Union to lodge a World Trade Organization complaint against the United States, members of Congress this week will wade into the heated debate over Internet gambling. At issue is whether proposed U.S. policies banning the transfer of funds from banks and credit unions to Internet gambling Web sites yield more burdens than benefits.

Rep. Luis Gutierrez, D-Ill., said he hopes that a Wednesday hearing before the House Financial Services Domestic and International Monetary Policy, Trade and Technology Subcommittee - which he chairs -- will clarify regulations under the Unlawful Internet Gambling Enforcement Act before those rules become final.

Read the entire "Issue Of The Week" feature here and look for coverage of the hearing in Wednesday's CongressDaily.

Posted by Andrew at 10:56 PM | | Comments (0) | TrackBacks (0)

March 20, 2008

Lessig's ChangeCongress Launch

From CongressDaily's PM edition on Wednesday:

Stanford Law Professor Takes Aim At Political Corruption

Intellectual property innovator Lawrence Lessig will unveil his campaign Thursday to combat the influence of money in American politics. The Stanford Law School professor's ChangeCongress project aims to mobilize candidates, citizens and lawmakers to help curb what he views is a political corruption pandemic.

Lessig late last month considered running for the seat of the late Rep. Tom Lantos, D-Calif., and making government transparency a tenet of the campaign. But he decided his chances for winning were slim and he could better advance his agenda through a bipartisan effort outside Congress.

"Rather than tar the movement with one pretty substantial defeat right away, I'm pursuing it in another way," he told CongressDaily on the eve of his speech at the National Press Club. [Read the full story here]

Posted by Andrew at 12:00 PM | | Comments (0) | TrackBacks (0)

Sen. Nelson's New Map Mash-Up

Sen. Ben Nelson, D-Neb., is demonstrating his "mad mash-up skills" (again) with an online map that highlights students in his state who are spending spring break volunteering in the U.S. and abroad. Previous Google Maps projects traced his Iraq trip and showcased Nebraska tourist destinations.

Nursing and physician assistants in training at Union College, for example, will be spending 12 days in Nicaragua providing village healthcare. Students from Creighton University will be traveling to New Orleans to help rebuild homes there, Google's Galen Panger wrote on the company's policy blog.

"This is another great example of how maps can be an effective communications tool for politicians and other public officials -- both to communicate with citizens and, as in this case, to recognize them for the example they set for others," he said. "Maybe a Senate Maps Mashup Caucus isn't far behind?"

Posted by Andrew at 11:14 AM | | Comments (0) | TrackBacks (0)

March 12, 2008

Hot Ticket: Bill Gates Testifies On Capitol Hill

Microsoft Chairman Bill Gates appeared before the House Science and Technology Committee on Wednesday and it proved to be a wildly popular event. In addition to the long line for the public and assigned seats for credentialed reporters, the hearing attracted two former members of the committee -- Bob Walker and Sherwood Boehlert.

Walker, a Republican who served Pennsylvania for 20 years, now runs a successful lobbying shop. Bohelert, who chaired the panel in the 109th Congress, retired last year. They both sat in the front row.

While much of the discussion was about serious issues like education, immigration and U.S. competitiveness, there were a few moments of levity. At one point, Chairman Bart Gordon, D-Tenn., listed some similarities and differences between himself and the software pioneer.

"You're a billionaire and I'm not. I'm a college graduate and you're not," he mused, but both have young daughters growing up in a tech-driven world. Gates said he envies kids' ability to learn online because "when I was growing up, the best you could do was read the World Book and that was alphabetical and not very enticing."

Read more about the hearing in CongressDaily.

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Momentum Building For E-Meds Act

Momentum seems to be building for a bill that would amend the Social Security Act to require physician utilization of the Medicare electronic prescription drug program, according to Paul Redifer, a lobbyist for Cisco Systems. Redifer writes on the Cisco High Tech Policy Blog that the bill "stands a good chance of passing as part of Medicare legislation to be considered later this year."

The U.S. healthcare industry has been one of the last to benefit from the increased efficiencies brought by the adoption of information technology tools, he wrote. Despite abundant evidence that technology could help lower costs and improve outcomes, providers have been slow to adopt.

The Congressional Budget Office found that the Medicare Electronic Medication and Safety Protection Act would provide some incentive (on the federal side, anyway) by saving the government $3 billion. Read Redifer's entire post here.

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March 11, 2008

Judiciary Chairman Conyers: OK Go-Go Dancer?

One quick addition to my earlier post about this afternoon's network neutrality hearing: There was a humorous exchange between House Judiciary Committee Chairman John Conyers, D-Mich., and Damian Kulash, the lead vocalist for OK Go. Kulash explained the overwhelming response to a contest his band held for fans to recreate an expertly choreographed dance video they released on YouTube.

Conyers:
A number of people up here think that we can do that too. Would you be willing to accept a Judiciary Committee video?
Kulash: It would have to be submitted by the same means as everyone else. [Audience laughter]

That's when I conjured up a mental picture of Conyers and fellow antitrust task force members (maybe Steve Chabot, Sheila Jackson-Lee and Ric Keller) doing the dance to "A Million Ways." Watch the video here.

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FISMA To Face Scrutiny At Senate Hearing

The effectiveness of a 6-year-old law intended to improve data security across the federal government will be questioned at a Senate Homeland Security and Governmental Affairs Federal Financial Management Subcommittee hearing Wednesday afternoon. The event comes on the heels of an annual report to Congress by OMB that showed progress by some agencies. Read the full story at Congress Daily's TechCentral.

"Agencies still cannot say whether their information systems containing millions of American's personal data are secure," said Sen. Tom Carper, D-Del., who chairs the panel. "While it is good news that agencies are being more responsible in reporting more incidents, a recent dramatic increase in security incidents demonstrates a troubling reality that our information networks are not as secure as we may think."

Karen Evans, OMB's e-government guru, and officials from GAO, the State and Veterans Affairs departments, the U.S. Agency for International Development and the Nuclear Regulatory Commission will testify.

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March 06, 2008

Pundit: Congress Isn't Web 2.0, More Like Web 0.5

Oooo I nearly forgot to blog about my former editor Danny Glover's harsh remarks at Wednesday's Politics Online conference about congressional reluctance to embrace new technology platforms. His comments came at a session called "Open Source Government: Can Peer Production Create Better Public Policy?"

Glover, who now runs the Media Research Center's Eyeblast.tv (an online video site with a conservative twist), said only a handful of the 535 members of Congress are engaged online, he said. They're "behind the curve" with respect to blogs, podcasts and video, Glover said. "They are still very much in the early adopter phase," he said. "Everyone else is in the Web 2.0 phase. Congress is maybe Web 0.5."

Johanna Shelton, who recently joined Google after a decade on Capitol Hill, had a rosier view. She said lawmakers are becoming more tech-savvy and their Web sites are improving. "Members intuitively understand that they need to use new technologies to get their message out," she said.

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Orphan Works, Radio Royalties On Berman's Agenda

House Judiciary Courts, the Internet and Intellectual Property Subcommittee Chairman Howard Berman, D-Calif., may have his sights set on the Foreign Affairs Committee chairmanship in the 111th Congress, but he told reporters he still has an ambitious IP agenda for the rest of this session.

His panel took action on an IP enforcement bill on Thursday (See CongressDaily's PM edition) and soon he will turn to legislation that addresses "orphan works" -- content whose owners cannot be easily identified. A bill that would eliminate a longstanding exemption granted to AM and FM radio stations, which allows them to broadcast music without paying royalties, is also on his radar screen.

Shameless plug: Those issues (and many more) will surely crop up when I conduct a "fireside chat" with Berman at the Tech Policy Summit in Hollywood later this month. For more details on the conference, click here.

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March 05, 2008

Lobbying For Science Funding Starts Early

The Computing