DOJ formally sought a Supreme Court hearing on its fight against Microsoft, which prevailed last year in refusing to comply with a government search warrant to hand over a customer's emails stored in a server in Ireland. In January, the 2nd U.S. Circuit of Appeals denied Justice an en banc hearing (see 1701240057) to review a three-judge panel's decision that sided with Microsoft. DOJ filed a writ of certiorari Friday, saying the 2nd Circuit panel "seriously misinterpreted the Stored Communications Act. ... The panel reached that unprecedented holding by reasoning that such a disclosure would be an extraterritorial application of the Act -- even though the warrant requires disclosure in the United States of information that the provider can access domestically with the click of a computer mouse." Microsoft Chief Legal Officer Brad Smith blogged Friday that "it seems backward to keep arguing in court when there is positive momentum in Congress toward better law for everyone." He said DOJ is putting companies "in impossible conflict-of-law situations," and harming Americans' security, jobs and personal rights. Recent congressional hearings focused on DOJ's push for bilateral agreements with the U.K. and potentially other countries to share criminal information in investigations about individuals, which U.S. providers largely have supported (see 1706150061 and 1705240040).

Customs and Border Protection will soon announce a strategy to address the explosion of e-commerce imports, said acting CBP Commissioner Kevin McAleenan at the American Association of Exporters and Importers annual conference in Austin. CBP will combine engagement and education with internal changes that will help ports deal with surging volumes, he said. Enforcement will evaluate the compliance rate in "various e-commerce environments,” McAleenan said Wednesday. He said a recent five-day interagency operation at Kennedy International Airport in New York found a noncompliance rate of 43 percent of packages examined, with 800 intellectual property rights violations among nearly 1,300 noncompliant shipments. CBP’s e-commerce strategy will focus largely on small businesses, which are benefiting from the rapid expansion of e-commerce but “don’t necessarily know about international trade laws and regulations,” McAleenan said. CBP will conduct outreach and provide an “essential repository of information on clearance requirements,” he said. In combination with the recent increase in the de minimis limit to $800, the rapid rise of e-commerce caused shipments at some ports to increase by over 500 percent in the last 15 months, overwhelming what had been a “perfectly adequate staffing level,” he said.

Countries in Latin America are falling short of ITU recommendations for 2020 on the amount of spectrum that should be allocated for advanced wireless technologies, 5G Americas said Wednesday. In its ITU-R M.2078 report, ITU suggested that, by 2020, 1960 MHz of spectrum should be allocated for 3G and 4G and at least 35 percent of that should be available for mobile broadband to achieve basic levels of service quality, the group said in a news release. Brazil allocated the equivalent of 31.1 percent, leading the region, the group said. Other standouts in the region are Chile (24 percent), Mexico (23.7 percent), Argentina (23.6 percent), Costa Rica (23.5 percent) and Nicaragua (21.4 percent), 5G Americas said. “One of the benefits of increasing spectrum allocation is the efficient performance of mobile networks, especially in densely populated urban areas, where spectrum limitations worsen with other restrictions such as delays in the authorizations for the installation of new infrastructure, antenna towers and other technologies,” said Jose Otero, director-Latin America and the Caribbean for 5G Americas.

As the European Parliament and Council of the EU wade through legislative proposals to create a digital single market (DSM) in Europe (see 1505070049), U.S. policymakers are watching how it may affect American industries and consumers, said a staff member of the House Commerce Committee at a Hogan Lovells event Monday. Republican Counsel Kelsey Guyselman said DSM will have an "almost disproportionate impact on U.S.-based companies" and consumers. She said U.S. policymakers want to ensure consumers have cybersecurity and privacy protections that aren't degraded. Adam Sedgewick, senior information technology policy adviser with the National Institute of Standards and Technology, said it's a constant challenge to figure out the right policies without leading to a "fixed approach" on a type of technology, and U.S. government officials and industry representatives are discussing digital issues with their European counterparts through various fora. Both said it's unclear whether the DSM is a 'threat or opportunity" to the U.S. Clear rules across the 28 member states provide U.S. companies doing business in Europe with an opportunity, said Sedgewick. But there may be some fragmentation and the possibility of some protectionism in member states when rules are implemented, he added. Andrea Glorioso, a digital economy counselor for the EU Delegation in Washington, said the European Parliament and Council of the EU are considering more than a dozen European Commission legislative proposals in areas such as copyright, digital platforms, e-commerce, privacy and cybersecurity and telecom. Over the past month, the EP and Council of the EU adopted rules to allow consumers who paid for digital services in one country to access them while visiting another EU country. Those rules are expected to take effect in Q1. Glorioso, who said DSM will be a big opportunity for American businesses, said the plan is to have all legislative proposals adopted by the end of 2019.

The Canadian Radio-television and Telecommunications Commission (CRTC) ruled that as of Dec. 1 all individual and small business wireless customers can have their cellphones and other mobile devices unlocked free of charge upon request. All new devices must be provided unlocked starting that date. The CRTC also said in a Thursday news release that subscribers unhappy with their service will be allowed to cancel their contract within 15 days and return their device in near-new condition at no cost provided they have used less than half their monthly usage limits.

Communications groups backed updating the North American Free Trade Agreement and made recommendations to the Office of U.S. Trade Representative in comments posted in docket USTR-2017-0006 this week. The Telecommunications Industry Association proposed new provisions on "free cross-border transfers of data," "Mexico's timely accession to the Information Technology Agreement, to which the U.S. and Canada already belong," "fair competition with state-owned enterprises," agency transparency and notice-and-comment requirements, and a prohibition on foreign telecom ownership limits, including for spectrum licenses. TIA backed keeping and enforcing provisions on "open, non-discriminatory and reciprocal market access in government procurement" and various standards issues, including "mutual recognition of standards and certification bodies for telecom equipment." The Computing Technology Industry Association said U.S. tech companies benefited under NAFTA from "tariff reductions, strong intellectual property rights, licensing rules, patent protections, and preferential rules of origin," and it urged prioritizing World Trade Organization Information Technology Agreement adherence, import/export license procedures, government procurement, digital trade and e-commerce, and several customs and trade-facilitation objectives. The Internet Infrastructure Coalition focused on encryption, national security exceptions, certification requirements, intellectual property and digital trade, including data flows, localization, regulatory transparency and intermediary liability. Engine said business startups would benefit if key protections under U.S. law are added to NAFTA, such as "the protection of cross-border data flows, intermediary liability protections and copyright safe harbors."

Though President Donald Trump withdrew the U.S. from the Paris climate agreement (see 1706050032), the tech industry “remains committed to the goals of the accord, and our determination to combat the threats posed by climate change has not wavered,” said Rick Goss, Information Technology Industry Council senior vice president-environment and sustainability, in a Monday blog post. Support for the Paris agreement “is consistent with the core values of the tech industry,” said Goss. “We believe that operating a business in a sustainable fashion is not only good for the environment and our customers, but also for the U.S. economy and the American worker. No matter if you live in a red state or blue state, renewable jobs are coming to a place near you.” Failure of the U.S. “to build a low-carbon economy puts American prosperity at risk and hands the leadership role -- and the jobs and economic benefits that go with that -- to other countries,” he said. “The right action right now will create jobs and boost U.S. competitiveness.”

President Donald Trump's intention to roll back changes to U.S. policy to Cuba would be a setback for the American technology industry, blogged TechFreedom Friday. “One way or another, Cuba’s economic future is digital,” said Austin Carson, the group's executive director. “We’re separated by a mere 90 miles, but returning to a Cold War policy that failed for almost six decades is the best way to ensure that Russia and China -- not the United States -- will have the most influence on Cuba’s burgeoning tech and telecom sectors." During the presidential campaign, Trump said he would reverse the Obama administration's opening of diplomatic relations with Cuba, and, recently, Press Secretary Sean Spicer said the president is reviewing the policy. TechFreedom said many tech and telecom companies from other countries can operate freely within Cuba, while American ones are "shut out by our own government." The organization said it's a member of Engage Cuba, a national coalition of companies, groups and others focused on lifting the decades-old embargo against Cuba.

Rep. Ro Khanna, D-Calif., whose district is home to major tech companies, invited British Prime Minister Theresa May to meet with Silicon Valley leaders, after she criticized the industry for creating a "safe space" for extremist ideology. In a Wednesday news release outlining a letter, Khanna hoped the prime minister will come "to discuss the role technology companies play in helping combat the ideas that threaten international peace and prosperity." He cited Facebook's announcement to hire 3,000 new employees to review reports of inappropriate and violent content (see 1705040031) and Twitter's efforts to suspend accounts involving terrorism. The day after Saturday's terrorist attack in London, May said internet companies provide a safe space for terrorist ideology to proliferate. "We need to work with allied, democratic governments to reach international agreements that regulate cyberspace to prevent the spread of extremism and terrorist planning," she said.

President Donald Trump’s administration should “press China to change its course” on its recently implemented cybersecurity law, the Computer & Communications Industry Association Monday told National Economic Council Director Gary Cohn. The law, which took effect last week, drew opposition from CCIA and other U.S.-based interests because it includes data localization rules (see 1612080077, 1703080067 and 1705150067). Addressing the Chinese law “is the perfect opportunity to demonstrate the Administration’s commitment to winning on behalf of America’s most productive and job-creating companies,” CCIA said. “Without the Administration’s support -- or with its indifference -- all industry sectors that rely on high-tech goods and services will continue to get a bad deal as they look to compete in China.”