CongressDaily's PM Edition on Wednesday reports...
The United States' 35-year-old federal privacy law and related policies should be updated to reflect the realities of modern technologies and information systems, and account for more advanced threats to privacy and security, according to a report sent today to OMB Director Peter Orszag. In its 40-page paper, the National Institute of Standards and Technology's Information Security and Privacy Advisory Board calls for Congress to amend the 1974 Privacy Act and provisions of the 2002 E-Government Act to improve federal privacy notices; clearly cover commercial data sources; and update the definition of "system of records" to encompass relational and distributed systems based on government use of records, not just its possession of them. The panel included technology experts from industry and academia.
The panel wants heightened government leadership on privacy and suggests the hiring of a full-time chief privacy officer at OMB and regular Privacy Act guidance updates from the office. Chief privacy officers should be hired at major agencies and a chief privacy officers' council should be created, much like the Chief Information Officers' Council that is chaired by OMB's e-government and IT administrator. The federal government's cookie policy, which depends on "bureaucratic speed bumps to protect user privacy," should be updated to let visitors to a government Web site decide whether a cookie is set. One option is to employ a "remember me" check box common on many commercial sites, the report said. Read the full report here.
The Software and Information Industry Association filed eight new lawsuits against illegal software sellers Tuesday. The new round includes the group's first-ever lawsuits against suppliers on Amazon.com and iOffer.com. The latest actions bring the total number of online auction site lawsuits SIIA has filed this year on behalf of its member companies to 40, officials said in a press release. In addition to the civil cases, SIIA probes have led to the filing of numerous criminal cases by the Justice Department.
“In the current economic climate, when consumer confidence is already low, it is essential that consumers are able to purchase software online knowing that it is legal and will function properly," SIIA IP chief Keith Kupferschmid said. "Illegal sellers tempt consumers with low prices, but the software often doesn’t work and, of course, comes without the full range of customer support offered by manufacturers.” iOffer CEO Ryan Boyce lauded SIIA's efforts, saying the distribution of counterfeit software on any site is "unacceptable."
From CongressDaily on Saturday:
Legislation to authorize a $320 million funding boost for Justice Department-supported Internet Crimes Against Children task forces and impose higher penalties on Internet service providers that do not report child pornography found on their networks passed the House today and will be sent to President Bush for his signature. The Senate approved its version of the bill Thursday after months of negotiations and a recent on-air endorsement by talk show host Oprah Winfrey.
Under the bill, Web companies that fail to report unlawful content to the National Center for Missing and Exploited Children would face a $150,000 fine for the first instance, which is triple the current amount; and $300,000 for each subsequent incident per day the material remains online.
Read the full story here.
Rep. Mary Bono, who co-chairs the Congressional Caucus on Intellectual Property Promotion and Piracy Prevention, has zero-tolerance rule for counterfeit goods -- just ask her staff. The California Republican recently fired one of her aides when she learned that the staffer bought a fake designer purse while visiting China on a work trip.
Bono told the story at a Tuesday briefing on Capitol Hill, where she appeared alongside U.S. Trade Representative Susan Schwab and a handful of other IP caucus members (Read more about the event in Technology Daily's PM Edition).
Fellow Californian Howard Berman, who chairs the House Judiciary Courts, the Internet and Intellectual Property Subcommittee, joked that a forthcoming IP enforcement bill will set an even higher penalty for purchasing a bootlegged Louis Vuitton.
Bono's staffer would not have just lost her job, "she'd be executed," cracked the Democrat who represents Los Angeles and the San Fernando Valley. Berman's staffers better hide their pirated music collections, ASAP.
Update: A spokesman for Bono clarified that the aide in question was not fired for her purchase -- she left "in good graces" to pursue another job. The congresswoman's remark was "just a good punch-line" at the IP event.
The office does, however, have a strict policy when it comes to IP protection. If an employee is found using business resources in an inappropriate way, "that person would be reprimanded," he said. "When it comes to individuals' actions outside of the office, we don’t try to police them. We do not want to play big brother."
The U.S. Chamber of Commerce released a national Gallup study at Wednesday's anti-counterfeiting and piracy summit showing that more than one-in-five Americans purchased counterfeit goods in 2006. The report cited the number one reason for purchase was easy availability.
The study also found that less than a third of those questioned were aware that counterfeiting and piracy go well beyond luxury items to dangerous and defective products including tainted toothpaste, fake medicines and medical devices, exploding batteries, and fake auto parts.
"Counterfeiting and piracy are serious problems, with serious implications for jobs, health, and safety," said Caroline Joiner of the chamber's global anti-counterfeiting and piracy initiative. "The problem is real and getting worse and the chamber is not going to sit by idly as the livelihood of citizens and businesses around the world suffer the consequences."
Read more about the event in Technology Daily's PM Edition.
Billy Tauzin, the president of the Pharmaceutical Research and Manufacturers of America, told the U.S. Chamber of Commerce on Wednesday that his industry is the "soft underbelly" of the intellectual property infringement problem.
"We're the place where people go if they want to violate IP rights," he said at the business group's annual anti-counterfeiting summit. If the federal government does not stand up to infringers, "IP respect begins to die across the world," the former Louisiana Republican congressman said.
"The skinny is we're in trouble and it's getting worse," Tauzin continued, and PhRMA is pushing for "stronger, not weaker trade pacts" that include IP provisions. Stakeholders must "insist that the rights of Americans who pay for most of this R&D" are better protected, he said. "I can only tell you that it’s a challenge we all face."
Dan Glickman, president of the Motion Picture Association of America, echoed Tauzin's call for bolstered IP policies, saying that in film and television, "we're barely holding our own" against bootleggers. He suggested that various players in the IP space share best practices, since "we all have different ways of dealing with piracy."
Continue reading Industry Leaders Call For More IP Enforcement.
Sen. Orrin Hatch, a Utah Republican and longstanding supporter of strengthened intellectual property rights, told the U.S. Chamber of Commerce anti-counterfeiting and piracy summit on Wednesday that he finally made some money off his music hobby.
Hatch said he told an American Society of Composers, Authors and Publishers group that he received a royalty check for $57 and the crowd reportedly erupted into applause. That's because most of them had never gotten a royalty check under the country's current IP regime, he said.
Music was an integral part of Hatch's life at a young age and even though he grew up poor, his parents always let him experiment with different instruments. At age 6, he began taking piano lessons then he advanced to the organ and violin, according to his music Web site.
Hatch's albums, which span patriotic, religious and romantic themes, are available for sale here. You can even listen to a few tracks for free online.
Acting Deputy Attorney General Craig Morford may be new to Washington but he didn’t waste any time finding the right venue to discuss the government's intellectual property protection efforts. Morford, a 20-year veteran of the Justice Department, spoke at the U.S. Chamber of Commerce on Wednesday (Read more in Technology Daily's PM Edition).
Morford, who has spent his career fighting crime in the field, came here from Tennessee where he served as a U.S. attorney. He was appointed in August to replace Paul McNulty, one of a half-dozen Bush administration officials who have departed in recent months.
At the Chamber's annual piracy conference, Morford admitted that he is "still overwhelmed by the rule of law … and the institutions that make the law." He also said he has been wowed by the city's cultural offerings like the Smithsonian National Air and Space Museum, which he visited over the weekend with a friend -- who happens to be a pilot and patent lawyer.
NBC-Universal CEO Jeff Zucker couldn’t help but promote Thursday night's season premiere of the network's critically acclaimed comedy "30 Rock" during his speech at the U.S. Chamber of Commerce on Wednesday.
Zucker, who talked mainly about challenges to fighting intellectual property piracy, marveled at how technology has made the show (a favorite of mine) and other NBC programs accessible "wherever and however the consumer wants to consume" them.
Soon after "30 Rock" debuts, Internet users can surf over to NBC's Web site to watch a streaming version of the show or download it for a limited time. On Amazon.com they can buy it for good. Fans in some parts of the country can also watch on-demand and certain cellular telephone providers make the show available on handheld devices.
In a few weeks, "30 Rock" will be available for streaming at Hulu.com, a new Web venture between NBC and News Corp, Zucker said, and old-fashioned types can wait until the end of the season to buy the DVD.
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