This Week in Washington IP: Confirmation Vote for Gigi Sohn to FCC, Legislating Greater Data Privacy Regulations Against Big Tech

This week in Washington IP news, the House Consumer Protection Subcommittee hosts a hearing to debate several bills aimed at regulating the consumer data privacy practices of Big Tech, while the House Space Subcommittee reviews the current status of NASA’s Artemis program. Over in the Senate, the Judiciary Committee discusses several judicial nominees to sit on the bench of a pair of U.S. district courts very important to the world of intellectual property, while the Senate Commerce Committee will hold a long-awaited vote on the nomination of Gigi Sohn to serve as an FCC Commissioner. Elsewhere, New America brings an expert panel together to debate NIST’s recent IoT cybersecurity labeling guidelines and how those can be translated into physical labels to inform consumers about IoT device security 

Tuesday, March 1 

Senate Committee on Energy & Natural Resources

Full Committee Hearing to Consider Pending Legislation

At 10:00 AM on Tuesday in 366 Dirksen Senate Office Building.

On Tuesday Morning the full Senate Energy Committee will convene a hearing to debate several pieces of proposed legislation, including a few bills that could have sizable impacts on federal funding for basic R&D in various areas of science. Those bills include S. 3699, the Department of Energy Science for the Future Act; S. 3428, the Fission for the Future Act; and S. 2232, the Restore and Modernize Our National Laboratories Act. The sole witness for this hearing will be the Honorable Geraldine Richmond, Undersecretary for Science and Innovation, U.S. Department of Energy. 

House Subcommittee on Consumer Protection and Commerce

Holding Big Tech Accountable: Legislation to Protect Online Users

At 10:30 AM on Tuesday in 2123 Rayburn House Office Building.

D.C. lawmakers have had an increasing appetite for moving forward legislation that seek to rein in many of the anticompetitive business practices and risky data privacy policies employed by Big Tech firms to their own advantage. The House Consumer Protection Subcommittee will consider several such bills at this hearing including H.R. 6416, the Banning Surveillance Advertising Act; H.R. 6580, the Algorithmic Accountability Act; H.R. 6755, the Cooperation Among Police, Tech, and Users to Resist Exploitation (CAPTURE) Act; H.R. 6786, the Increasing Consumers’ Education on Law Enforcement Resources Act; and H.R. 6796, the Digital Services Oversight and Safety Act. The witness panel for this hearing will include Laurel Lehman, Policy Analyst, Consumer Reports; Katie McInnis, Senior Public Policy Manager US, Duck Duck Go, Inc.; Mutale Nkonde, CEO, AI for the People U.S.; and Mike Duffey, Special Agent Supervisor, Florida Department of Law Enforcement. 

House Subcommittee on Space and Aeronautics 

Keeping Our Sights on Mars Part 3: A Status Update and Review of NASA’s Artemis Initiative

At 11:00 AM on Tuesday, online video webinar.

The National Aeronautics and Space Administration (NASA) has been pursuing the goal of sending a manned spacecraft to the surface of Mars at some point during the 2030s since former President Trump signed Space Policy Directive-1 back in December 2017. To help facilitate the mission to Mars, NASA has also been advancing the Artemis program, which will return astronauts to the lunar surface by 2025 and lay the foundation for the ultimate goal of putting astronauts on the surface of Mars. However, recent reports on the Artemis program by the U.S. Government Accountability Office (GAO) and the Office of the Inspector General has outlined several challenges that must be solved by NASA, including technical risks posed by the agency’s decision to include several lunar gateway elements in a single launch vehicle and expectations that Artemis program goals will not be achieved until several years after the agency’s official timeline. The witness panel for this hearing will include James Free, Associate Administrator, Exploration Systems Development Mission Directorate, NASA; William Russell, Director, Contracting and National Security Acquisitions, U.S. GAO; Dr. Patrick Sanders, Chair, Aerospace Safety Advisory Panel; the Honorable Paul K. Martin, Inspector General, NASA; and Daniel Dumbacher, Executive Director, American Institute of Aeronautics and Astronautics.

New America 

NIST Developed an IoT Label. How Do We Get It Onto Shelves?

At 2:00 PM on Tuesday, online video webinar.

Last May, President Biden signed an executive order on improving the nation’s cybersecurity that directed the National Institute of Standards and Technology (NIST) to develop a labeling system for Internet of Things (IoT) consumer devices that would quickly inform consumers about the cybersecurity capabilities of IoT devices. NIST released its first iteration of the IoT device labeling system this February, but there remains a difficult problem in figuring out which wearable devices or smart home appliances should have this labeling mandated and how the physical label should appear in order to keep consumers informed at the point of purchase. This event will feature a discussion with Katerina Megas, Cybersecurity for Internet of Things Program Manager, NIST; Justin Brookman, Director of Technology Policy, Consumer Reports; Nat Meysenburg, Technologist, Open Technology Institute, New America; and moderated by Andi Wilson Thompson, Open Technology Institute, New America.

U.S. Patent and Trademark Office

Attend 2022 Patent Examiner Virtual Recruitment Open House

At 2:00 PM on Tuesday, online video webinar.

The U.S. Patent and Trademark Office is looking to increase its patent examiner corps from the current level of 8,000 employees and on Tuesday afternoon, the agency will be hosting a virtual open house for those interested in pursuing a career in patent examination. This open house will inform potential candidates about job requirements as well as qualifications that the USPTO is seeking in those it plans to hire.

U.S. Patent and Trademark Office

Trademark Basics Boot Camp, Module 8: Question-and-Answer Panel

At 2:00 PM on Tuesday, online video webinar.

This workshop, the final part of the USPTO’s eight-part Trademark Basics Boot Camp series, will give small business entrepreneurs and prospective trademark applicants an opportunity to ask questions directly of several trademark experts working at the agency, including law office managing attorneys.

Wednesday, March 2 

House Subcommittee on Environment

From Gray to Green: Advancing the Science of Nature-Based Infrastructure

 At 10:00 AM on Wednesday, online video webinar.

In mid-February, the National Oceanic and Atmospheric Administration (NOAA) issued a report on sea level rise, forecasting that the United States would experience as much sea level rise by the year 2050 as the nation has experienced during the past century. As policymakers consider how to deal with the environmental concerns posed by climate change, many have advocated for increasing funding for R&D into nature-based infrastructure, such as the coastal resilience efforts undertaken by the state of Louisiana in the wake of Hurricanes Katrina and Ida. The witness panel for this hearing will include Dr. Steven Thur, National Centers for Coastal Ocean Science, NOAA; Dr. Sherry Hunt, Supervisory Civil Engineer, Agriculture Research Science, U.S. Department of Agriculture; and Dr. Todd Bridges, Senior Research Scientist, Environmental Science, U.S. Army Corps of Engineers.

U.S. Patent and Trademark Office 

Women’s Entrepreneurship Symposium, Part One: Educate and Innovate

At 2:00 PM on Wednesday, online video webinar.

This Wednesday marks the first part of the USPTO’s Women’s Entrepreneurship Symposium, which is designed to put women entrepreneurs in touch with resources that can help them advance their careers and business interests. This event features a conversation offering advice for the next generation of women entrepreneurs and inventors between Amy M. Elliott, Ph.D., Group Leader for Robotics and Intelligent Systems, Oak Ridge National Laboratory; and Drew Hirshfeld, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director, USPTO. Following a short break will be a discussion on how to cultivate innovation in a variety of environments with a panel including Joann Blumenfeld, Founder and Director, Catalyst, The Science House, North Carolina State University; Quincy Brown, Senior Policy Advisor, White House Office of Science and Technology Policy, Executive Office of the President; Leigh Estabrooks, Invention Education Officer, Lemelson-MIT Program; and moderated by Joyce Ward, Director, Office of Education, USPTO.

U.S. Patent and Trademark Office

Noche de Ciencias 2022

 At 5:30 PM on Wednesday, online video webinar.

This Wednesday marks the first part of a two-night event called Noche de Ciencias (Night of Science), a national program of the Society of Hispanic Professional Engineers with the purpose of introducing those from the Latino community to educational and career resources in the fields of science, technology, engineering and mathematics (STEM). This USPTO-hosted event will offer virtual presentations designed for K-12 students including hands-on STEM activities teaching concepts of problem solving as well as basics of intellectual property protections for innovative solutions.

Thursday, March 3 

Senate Committee on the Judiciary 

Executive Business Meeting

At 9:00 AM on Thursday in 216 Hart Senate Office Building.

On Thursday morning, the Senate Judiciary Committee will convene an executive business meeting to discuss several nominees selected by President Joe Biden to serve in the federal judiciary, with the possibility of being advanced out of committee toward a full confirmation vote on the floor of the U.S. Senate. This includes nominees for U.S. district courts seeing a large number of intellectual property case filings, including Kenly Kiya Kato and Sunshine Suzanna Sykes to serve on the U.S. District Court for the Central District of California, and Jennifer Louise Rochon to serve on the U.S. District Court for the Southern District of New York.

Senate Committee on Commerce, Science, & Transportation

Executive Session and Ocean Shipping Reform Act Hearing

At 10:00 AM on Thursday in 253 Russell Senate Office Building.

The Senate Commerce Committee will convene an executive session on Thursday morning to consider and vote on several nominees selected by the Biden Administration to serve at various federal agencies overseen by the committee. Among the nominees to be considered is Gigi Sohn to be a Commissioner of the Federal Communications Commission (FCC). The first vote for Sohn, who has proven to be a controversial candidate for the FCC position, was delayed from its originally scheduled February 2 vote in part because of concerns that not enough Democratic votes would be available to advance Sohn’s nomination.

U.S. Patent and Trademark Office 

The Path to a Patent, Part VI: Learn How to Protect Your IP Abroad

At 2:00 PM on Thursday, online video webinar.

This workshop, the sixth in the USPTO’s eight-part Path to a Patent series, will feature presentations from experts within the USPTO’s International Patent Legal Administration discussing opportunities and important considerations for those interested in protecting their innovations in foreign countries.

Friday, March 4 

Hudson Institute

Winning the Telecommunications Revolution

 At 10:00 AM on Friday, online video webinar.

The next generation of mobile telecommunications networking technologies, commonly known as 5G mobile, is currently being rolled out in the United States and countries across the world. Although the U.S. held a leading position in the development of previous generations of mobile communications, fierce competition from Chinese telecoms like Huawei and ZTE have threatened American dominance in this critical field of technology that promises to increase both data transmission speeds and the number of devices supported by mobile networks by an order of magnitude. Speakers at this event will include Ambassador (Ret.) Robert C. O’Brien, Former National Security Advisor and Chairman, American Global Strategies, LLC; and Arthur Herman, Senior Fellow and Director, Quantum Alliance Initiative, Hudson Institute.

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