Senate Judiciary Committee leaders are considering whether to propose legislation that would narrowly target changes to the appointment process for the Register of Copyrights separately from a bill to tackle other Copyright Office modernization issues, lobbyists told us. It’s unclear how much traction such a bill would get given divisions within the copyright community over changing the appointment process, they said. Chairman Chuck Grassley, R-Iowa, began last Congress to consider CO modernization legislation that would in part make the register a Senate-confirmed position and to set a term limit for the register (see 1607150022). House Judiciary Chairman Bob Goodlatte, R-Va., and ranking member John Conyers, D-Mich., in December proposed changes to the register’s appointment process, including requiring Senate confirmation for future nominees (see 1612080061).
Jimm Phillips
Jimm Phillips, Associate Editor, covers telecommunications policymaking in Congress for Communications Daily. He joined Warren Communications News in 2012 after stints at the Washington Post and the American Independent News Network. Phillips is a Maryland native who graduated from American University. You can follow him on Twitter: @JLPhillipsDC
The Cross Community Working Group on Enhancing ICANN Accountability’s draft recommendations for improving the organization’s transparency drew early praise Wednesday in interviews. The draft recommendations, released Tuesday, are part of CCWG-Accountability’s work on a second set of recommended changes to the organization's accountability mechanisms (see 1610030042). CCWG-Accountability’s transparency work had already been seen as progressing smoothly, even as the working group’s exploration of how to address ICANN's post-Internet Assigned Numbers Authority (IANA) transition jurisdiction was raising U.S. stakeholders' eyebrows (see 1701030021). Comments on the draft transparency recommendations are due April 10, ICANN said.
A wide spectrum of stakeholders were expected to file comments through after our deadline Tuesday on the Copyright Office’s second round of questions on the office's study of Digital Millennium Copyright Act Section 512's notice-and-takedown process and the statute's safe harbors. The CO sought targeted feedback on questions primarily about how Section 512 balances the need to foster online innovation and the rights of the content industry. The CO also sought input on how policymakers should factor divergent views on the efficacy of Section 512’s safe harbors and divergent views on how to update the statute (see 1611080021).
Stakeholders are continuing to scrutinize a Domain Name Association (DNA) proposal for a voluntary third-party mechanism akin to ICANN’s trademark-centric uniform dispute resolution policy (UDRP) that would address copyright infringement through the use of domain names. Its proponents tell us many details for the mechanism remain in flux. DNA proposed what it calls a “Copyright Alternative Dispute Resolution Policy” (Copyright ADRP) this month in its rollout of recommendations via the Healthy Domains Initiative (see 1702080085). The Electronic Frontier Foundation and Internet Commerce Association criticized HDI for including the Copyright ADRP proposal among its recommendations (see 1702100054).
Sen. Orrin Hatch, R-Utah, said Thursday he intends to “serve as a bridge between [President Donald Trump] and the tech community” to convey the sector's myriad policy interests to the White House. “I think the president trusts me” on tech issues, Hatch said. Tech sector stakeholders have been highly critical of Trump's executive order curtailing immigration, at least temporarily, from seven Muslim-majority countries. The tech sector strongly backed the states of Washington and Minnesota in their fight to keep Trump’s now-suspended order from being reinstated (see 1701290001, 1702060016 and 1702100042). Hatch, who chairs the Senate Finance Committee, told tech officials Thursday his “innovation agenda” for the 115th Congress will include reintroduction of his Immigration Innovation (I-Squared) Act “in the near future.” The bill may cap the number of H-1B visas for high-skilled foreign workers that a company can seek, Hatch said. The tech sector has been one of the top fields seeking H-1B visas. Hatch's tech agenda emphasizes policy priorities such as promoting broadband investment, IP law revamps and discouraging countries from adopting data localization laws. Hatch said he believes it's “past time” for the Senate to pass legislation aimed at updating the 30-year-old Electronic Communications Privacy Act. The House unanimously passed its ECPA update, the Email Privacy Act (HR-387), earlier this month but it's unclear when a Senate version might progress (see 1702070011). Hatch also emphasized the importance of Congress continuing to maintain a “light regulatory touch” on IoT and other emerging technologies in a way that also protects consumers. CTA CEO Gary Shapiro praised Hatch's agenda. “Empowering innovators to create new jobs, markets and industries will provide countless benefits to the U.S. economy and American consumers, while enabling our nation to remain one of the world's best places to do business,” Shapiro said in a statement. Hatch's plan will "boost innovation and remove obstacles that are holding back a leading sector of the economy -- technology," said Computer & Communications Industry Association President Ed Black in a statement. The Software and Information Industry Association believes Hatch is “committed to working across the aisle and with the Trump administration to promote a comprehensive slate of policies that will advance U.S. global leadership and job creation,” said Senior Vice President-Public Policy Mark MacCarthy in a statement. “At a time when American companies face more global competition than ever, this Innovation Agenda is a must-do list for Congress.” CTIA believes Hatch's agenda will “ensure that the U.S. remains the world leader in high-tech innovation,” said Senior Vice President-Government Affairs Kelly Cole in a statement. TechNet CEO Linda Moore said the agenda “will bring focus to many of the issues that matter most to the technology industry, such as high-skilled immigration, STEM education and workforce training, tax reform” and the ECPA revamp.
The 2nd Circuit Court of Appeals reversed and remanded Thursday a set of 2014 and 2015 U.S. District Court rulings in New York in Flo & Eddie v. Sirius XM, as expected (see 1612200066). The New York district court had said Sirius owed performance royalties to Flo & Eddie, who own the copyright to The Turtles' “Happy Together” and the rest of that band's music, and other artists for the performance of The Turtles' pre-1972 sound recordings and other pre-1972 recordings (see 1411170043 and 1501160053).
Yahoo warned an undisclosed number of its users Wednesday that their accounts may have been compromised in 2015 and 2016 by the same “state-sponsored actor” responsible for the 2013 and 2014 data breaches. The 2013 and 2014 breaches may have compromised up to 1.5 billion user accounts (see 1612140076 and 1609220046). Yahoo disclosed the information Wednesday amid ongoing pressure from Congress and Verizon’s evaluation of how to proceed with the carrier's planned $4.83 billion acquisition of the company (see 1701240048). Some cybersecurity lobbyists told us they believe the disclosure was aimed at easing the pressure from Congress and Verizon.
House Research and Technology Subcommittee members spent a significant part of a Tuesday hearing trading barbs over criticisms of President Donald Trump's cybersecurity practices since taking office in January, instead of examining recommendations from the Commission on Enhancing National Cybersecurity (CENC) and other entities. The hearing was meant to focus on the recommendations and how they could aid federal government cybersecurity (see 1702080032). A House Science aide told reporters Monday the hearing could aid in “some legislation a little later this year,” though Trump's anticipated cybersecurity executive order (see 1701310066) will “have some relevance” in shaping the bill.
The legal challenge against Google’s fair use defense for its use of the coding and names contained in Oracle's Java application programming interface (API) technology in its Android mobile operating system isn't over, but there's little reason to believe the U.S. Court of Appeals for the Federal Circuit will overturn a San Francisco federal jury’s 2016 verdict against Oracle, IP lawyers said in interviews. Oracle filed an opening brief Friday in its appeal of the San Francisco jury’s verdict that Google’s use of the Java APIs qualifies as a transformative use under the fair use doctrine (see 1605260067). The Federal Circuit previously ruled on Oracle v. Google, saying in 2014 APIs are copyrightable, but remanded Google’s fair use defense to the San Francisco federal court (see 1505270036).
The Internet Association and other industry groups cited a range of “cross-cutting issues” they believe would weaken U.S. entities’ IP rights internationally, in filings Thursday to the Office of the U.S. Trade Representative. IA included EU member states’ adoption of “ancillary copyright laws” seen as a tax on use of snippets. Tech sector groups noted concerns about ancillary copyright laws during USTR's 2016 Special 301 proceeding (see 1603010060). Such laws also have factored into U.S. stakeholders' opposition to a European Commission copyright law revamp proposal (see 1608290062). USTR collected comments through midnight Thursday on its annual Special 301 review on the global status of IP rights enforcement.