MSBA Computer and Technology Law Section

Comments period extended for the Patent Assertion Entities/Antitrust workshop

The Dep't of Justice ("DoJ") and Federal Trade Commission ("FTC") have extended the comments period for the Patent Assertion Entities/Antitrust workshop. In December, a joint workshop was held by the DoJ and FTC to discuss Patent Assertion Entity (PAE) behavior, the effects of such behavior and how antitrust laws apply to such behavior. Following the workshop, the FTC and the DOJ was accepting public comments until March 10, 2013, but that public comment period has been extended to April 5, 2013.

Visit  http://www.justice.gov/atr/public/workshops/pae/index.html#comments for more information on submitting comments.

Hat tip to Alycia R. Kirkevold, Esq., for this timely information.

“Investigating and Prosecuting 21st Century Cyber Threats”

The above-captioned hearing was held before the House Committee on the Judiciary, Subcommittee on Crime, Terrorism, Homeland Security, and Investigation on March 13, 2013.

Members in attendance included: Jim Sensenbrenner (R-WI, Chairman), Louie Gohmert (R-TX, Vice Chairman), Howard Coble (R-NC), Randy Forbes (R-VA), Trent Franks (R-AZ), Jason Chaffetz (R-UT), Trey Gowdy (R-SC), Bob Goodlatte (R-VA), Robert Scott (D-VA), Suzan Delbene (D-WA), Judy Chu (D-CA), Cedric Richmond (D-LA), and John Conyers (D-MI). Witenesses included Jenny Durkan (U.S. Attorney, W.D. Wash), John Boles (Deputy Ass't Director, FBI Cyber Division), Robert Holleyman (President and CEO, BSA, The Software Alliance), and Prof. Orin Kerr, (George Washington University School of Law).

Entirety of the statements and witness testimony is located here.

Read more after the bump.

DHS Cybersecurity: Roles and Responsibilities to protect the Nation’s Critical Infrastructure

The above-captioned hearing was before the House Committee on Homeland Security, held March 13, 2013.

Members in attendance included Michael McCaul (R-Texas) Chairman, Peter T. King (R- New York) , Patrick Meehan (R-Pennsylvania), Steven M. Palazzo (R-Mississippi), Chris Stewart (R-Utah), Keith J. Rothfus (R-Pennsylvania), Susan W. Brooks (R-Indiana), Bennie G. Thompson (D-Mississippi) Ranking Member, Loretta Sanchez (D-California), Sheila Jackson Lee (D-Texas), Yvette D. Clarke (D-New York), Ron Barber (D- Arizona), Donald M. Payne, Jr (D- New Jersey), Beto O'Rourke (D-Texas), Steven A. Horsford (D-Nevada), and Eric Swalwell (D-California).   Witnesses included Hon. Jane Holl Lute (Deputy Secretary, Dep't of Homeland Security), Anish B. Bhimani (Chairman, Financial Services Information Sharing and Analysis Center), Gary W. Hayes (Chief Information Officer, Centerpoint Energy), and Michelle Richardson (Legislative Counsel,
American Civil Liberties Union).

The opening statements recognized the "U.S. Federal Cybersecurity Operations Team" as including DOJ/FBI, DHS, and DoD; alleged that China, Iran and Russia are "dangerous offenders" in cyber-attacks against the U.S. and against American financial institutions; and —citing the recent Executive Order— that Cybersecurity should be the highest legislative priority in this Congress.

The entirety of the statements and witness testimony can be found here.

“Information Technology and Cyber Operations: Modernization and Policy Issues to Support the Future Force”

The above-captioned was a hearing before the House Committee on Armed Services Subcommittee on Intelligence, Emerging Threats, and Capabilities, held March 13, 2013.  The entirety of the statements can be found here.

Read more after the bump.

NIST Publishes RFI on CyberSecurity Framework

On February 26, the National Institute of Standards and Technology (NIST) published a request for information ("RFI") on the “Framework for Reducing Cyber Risks to Critical Infrastructure,” as directed by the February 13 Executive Order on Improving Critical Infrastructure Cybersecurity. Submission deadline is April 8, 2013.