Information Technology Industry Council board elects from Electronic Transactions Association Jason Oxman, formerly with what was then CEA and now is CTA, as president-CEO, effective Feb. 28; at around that time, outgoing ITI chief Dean Garfield joins Netflix (see this section, Nov. 20); also at around that time, ETA will start searching for a new CEO; the group's Chairman-President Kevin Jones, Celero Commerce, will work with the association's staff.
Court of International Trade activity
From harsher criminal penalties for some streaming piracy to more engagement with U.S. trade partners, media groups, tech companies and others had suggestions for the Office of the U.S. Intellectual Property Enforcement Coordinator in docket 2018-19863 as IPEC puts together its next three-year joint strategic plan. Google said IPEC should seek feedback from rights holders on hurdles to suing rogue sites in foreign courts and a modernization of the Copyright Office by putting registration and recordation systems online. Calling streaming piracy via plug-and-play devices an "insidious" threat, NCTA said the U.S. needs to engage trading partners more on adopting and enforcing copyright protections, and IPEC needs to prioritize trying to persuade trading partners to shut illicit streaming services. It said the FCC should use RF equipment authorization powers to deter makers and importers of piracy devices from selling in the U.S. by bringing "stiff" monetary penalties. BSA sought engagement with trade partners. The Copyright Alliance and MPAA urged continued public access to Whois data (see here and here). The alliance said IPEC should back harmonization of criminal penalties for copyright infringement, so infringement of a public performance right -- typically a misdemeanor -- is treated the same as infringement of the reproduction and distribution rights, which can result in felony charges. It said the Trusted Notifier program between MPAA and some domain name registries bore fruit in fighting online infringement, and IPEC should encourage more domain registries and registrars to employ similar arrangements. The Independent Film & TV Alliance and RIAA and National Music Publishers' Association (see here and here) said Congress should classify large-scale streaming piracy as a felony. The U.S.-Mexico-Canada Agreement doesn't include a fair use standard, and IPEC should encourage U.S. trade negotiators to push for one, R Street Institute said, urging roundtable discussions on such issues as how the U.S. can encourage other nations to adopt fair use models. Public Knowledge said IPEC needs to be mindful of how enforcement schemes might affect non-infringing users. PK said enforcement should focus "on targeted bad actors." The Internet Association said the U.S. needs to defend copyright law flexibility that includes fair use and Digital Millennium Copyright Act safe harbors both domestically and internationally. Push back against curtailing intermediary liability protections, IA asked. Tech groups told the U.S. Trade Representative that bolstering IP rights should be a high priority in negotiating a new trade agreement with Japan (see 1811260011).
CTA hired Akin Gump to draft a complaint that, if pursued in the U.S. Court of International Trade, would seek an injunction blocking tariffs on $200 billion of Chinese imports before they rise to 25 percent on Jan. 1, we learned from those familiar with the plans. The association is shopping the draft around with other anti-tariff trade groups, seeking legal and financial backing for a court challenge over the IP-related sanctions, they said. Association staffers briefed CTA members on the strategy during an annual conference two weeks ago in Boston (see 1810160041), we're told. Though CTA hasn’t persuaded another trade group to “step up to the plate yet,” there’s time to win backing because no court action would be contemplated before January, said one high-placed individual in CTA membership. We polled a half-dozen trade groups whose opposition to the tariffs is well-publicized to gauge their interest in joining the litigation. Few commented Monday, nor did CTA. The Telecommunications Industry Association said Monday it doesn't now "plan to join the litigation."
White House tariffs on steel are beginning to increase prices for companies involved in the post-incentive auction repacking, but the tariffs aren’t pushing up costs as much as competition for crews and resources is, said antenna and tower industry officials in interviews. “The main thing increasing the costs are the crew prices,” said Electronics Research Inc. Vice President-Marketing Bill Harland. “It’s an impact,” said FDH Infrastructure Business Development Manager Don Doty of the tariffs. “But the repack itself -- the demand -- is raising prices higher.”
The FCC approved a declaratory ruling and order designed to speed the deployment of small cells and 5G across the U.S. Commissioner Jessica Rosenworcel, whose vote had been in doubt (see 1809200007), partially dissented and partially concurred Wednesday.
California’s net neutrality bill is headed to the governor’s desk, as expected (see 1808310042), after the Senate voted 27-12 Friday to concur with Assembly amendments to SB-822. The dozen nays came from the GOP, though one Republican voted yes and one didn’t vote. Companion SB-460 to restrict state procurement with ISPs that don’t follow open-internet rules died in the Assembly 28-37. Democrats recorded all the yes votes, but 13 said no and 14 didn’t vote. There were 24 GOP no votes; one Republican didn’t vote. Former FCC Chairman Tom Wheeler cheered SB-822 passage in a tweet. In a livestreamed news conference, Sen. Scott Wiener (D) said he worked with Attorney General Xavier Becerra (D) to ensure his bill is defensible. The AG was “very conscious of the fact that we are going to get sued,” since ISPs said from beginning they would challenge such law, Wiener said. “When you're in government, you get sued.” USTelecom CEO Jonathan Spalter, who earlier threatened to challenge state open-internet efforts (see 1803260024), Friday evening urged Gov. Jerry Brown (D) to veto the bill and Congress to make national rules. A trade association or small ISP is likely to be the primary challenger, with the FCC likely to weigh in once the suit is filed, said American Legislative Exchange Council Communications and Technology Task Force Director Jonathon Hauenschild. Challengers may want to take on several different state laws at about the same time, and the California bill taking effect -- this January if Brown signs -- could be the “tipping point” for action, he emailed Tuesday. “This way, the courts hear both the similarities in the bills and the differences and render a more complete verdict.” SB-460 failing wasn’t a big deal, said Electronic Frontier Foundation Legislative Counsel Ernesto Falcon. “The problem had nothing to do with telecom policy and more with internal political issues within the Democratic caucus,” he emailed. “They made their mark with 822." Also Friday, a privacy bill passed (see 1809040053).
Comments are due Monday on a complaint from Sipco requesting a Trade Act Section 337 import ban of wireless mesh networking products that allegedly infringe its patents. Its Aug. 6 complaint to the International Trade Commission alleged Emerson Electric and subsidiaries and Analog Devices and its Linear Technology are among those manufacturing or importing the infringing products, used for monitoring or controlling wireless remote devices in industrial environments by way of a self-healing network. Sipco requests limited exclusion orders and cease and desist orders banning import and sale of Emerson Electric and Analog wireless mesh networking products. Sipco’s petition is "unfounded" and Emerson can't "comment as there is related litigation pending" in U.S District Court in Atlanta, said a spokesperson. Analog didn't comment Friday.
The Trump administration’s failure to appoint a permanent EU-U.S. Privacy Shield ombudsman and stagnation of the Privacy and Civil Liberties Oversight Board (PCLOB) will be points of contention when officials from both sides of the Atlantic meet in October, experts told us. Also expect the Facebook-Cambridge Analytica privacy breach (see 1804100054 and 1804110065) to be a major topic, said Access Now Policy Counsel Drew Mitnick. EU officials want details on how the FTC, U.S. enforcer of the Privacy Shield, is handling its investigation into potential Facebook violations of a 2011 consent decree, so they can better gauge the strength of the agency’s authority.
FCC Commissioner Mike O’Rielly said he's nearing a recommendation on the 3.5 GHz citizens broadband radio service band, speaking Thursday to reporters after a speech at the Free State Foundation on process changes. The 180-day shot clock on deal approval “should be more than aspirational,” O’Rielly said, with several takeovers still pending before the regulator. “We can make decisions with a set time frame.”
WILLIAMSBURG, Va. -- The U.S. is worried about fallout from EU's General Data Protection Regulation taking effect May 25, said Trump administration officials at the FCBA retreat Saturday. "It will have a sweeping impact on many, many sectors of the U.S. economy," said NTIA Administrator David Redl. He voiced particular concern about possible disruption to parties needing access to the Whois database of online domain name ownership, which is used by law enforcement and others.