Examiners would benefit from more clarity on testing patent eligibility, Patent and Trademark Office Commissioner of Patents Drew Hirshfeld testified Wednesday (see 1909110066). He was responding to a suggestion from Senate Intellectual Property Subcommittee ranking member Chris Coons, D-Del. He and Chairman Thom Tillis, R-N.C., are working on legislation for revising Patent Act sections 101 and 112 (see 1906050076).
Karl Herchenroeder
Karl Herchenroeder, Associate Editor, is a technology policy journalist for publications including Communications Daily. Born in Rockville, Maryland, he joined the Warren Communications News staff in 2018. He began his journalism career in 2012 at the Aspen Times in Aspen, Colorado, where he covered city government. After that, he covered the nuclear industry for ExchangeMonitor in Washington. You can follow Herchenroeder on Twitter: @karlherk
Commissioners Rebecca Kelly Slaughter and Christine Wilson support the FTC studying advertising and data collection practices. Speaking to reporters after a Monday Brookings Institution event, they recommended another FTC Act Section 6(b) study. Slaughter said the commission is in active discussions about an ad-related data collection review.
Commissioner Christine Wilson hopes the FTC shares how the agency calculated its $5 billion privacy fine against Facebook in the “coming weeks.” She noted during an interview with The Communicators, which was online Friday and to have been on C-SPAN this weekend, that such information isn’t currently public. Addressing criticism of the Facebook settlement, Wilson said it's not unusual for release of liability. She noted the agency can still pursue action against FTC Act Section 5-related conduct that was previously unknown. Echoing repeated comments from Chairman Joe Simons, Wilson urged repeal of the agency's common carrier exemption. Competition works best when all players competing for the same kind of business have a level playing field, she said. Wilson's fully committed to maintaining the strength of the Children's Online Privacy Protection Act as the agency reviews its COPPA rule (see 1910170051): "Innovation can't come at the expense of children's privacy.” She said robocall complaints are the most common submissions for the agency’s consumer complaint database, and the agency is working “diligently” with industry to “eradicate” the problem.
Sen. Ron Wyden, D-Ore., is crafting alternative legislation to a bill that overwhelmingly passed the House and would create a voluntary small claims board within the Copyright Office (see 1910230025), a Wyden aide told us. He and frequent partner here Sen. Rand Paul, R-Ky., recently placed holds on the Copyright Alternative in Small-Claims Enforcement (Case) Act (HR-2426/S-1273), according to aides.
The Senate Banking Committee’s data privacy hearing Thursday showed a “significant amount of consensus” on the need for platforms to be more transparent about data they collect online, Chairman Mike Crapo, R-Idaho, told us. Legislators appeared to believe this should be “part of any ultimate [legislative] solution,” he said. Ranking member Sherrod Brown, D-Ohio, hopes the committee delivers a data privacy bill, telling us Crapo is “very interested.” Brown said to expect interest from the Senate Commerce and Judiciary committees.
The House overwhelmingly passed legislation for a voluntary small claims board within the Copyright Office Tuesday. The Copyright Alternative in Small-Claims Enforcement (CASE) Act (HR-2426/S-1273) passed 410-6. Asked about continued opposition from Public Knowledge and the Center for Democracy and Technology (see 1910210039), bill sponsor Rep. Hakeem Jeffries, D-N.Y., told us Wednesday the House vote “speaks for itself.” Copyright Alliance CEO Keith Kupferschmid applauded passage and credited Congress for not being “bamboozled into believing the numerous falsehoods about the CASE Act that were proffered by those who philosophically oppose any copyright legislation that will help the creative community and who will use any means to achieve their illicit goals.” The Senate Judiciary Committee unanimously passed the bill in July. Public Knowledge Policy Counsel Meredith Rose blasted the lack of hearings, opportunity for amendment and meaningful public comment: “We urge the Senate not to take up this bill as written, but to instead open the dialogue to all affected parties to craft meaningful, functional solutions.” The bill also got criticism from the Computer & Communications Industry Association: “This small claims process would expose internet users to high penalties without effective due process, enabling trolls or other abusive litigants to circumvent the existing safeguards provided by the federal judicial system,” Matt Schruers said.
House Democrats blasted CEO Mark Zuckerberg for failures in privacy, workforce diversity and advertising discrimination, during a hearing Wednesday. Skeptical Republicans drew attention to similar miscues. They also defended Zuckerberg as an innovator and warned Congress against hindering Facebook’s digital currency.
Offices of state attorneys general leading an antitrust investigation of Google plan to meet in Colorado to determine next steps, a state official told us Tuesday. The gathering could take place Nov. 11, though the date is in flux. Of the 51 AG offices we contacted, Arizona was the only to comment. “As a lead state in the Google antitrust investigation, Arizona is actively involved in all stages of the strategy and execution of the investigation,” a spokesperson emailed. “We will be there.”
Senate Judiciary Committee staff is meeting with tech industry officials and others about a child safety-related Section 230 bill, Chairman Lindsey Graham, R-S.C., told us (see 1907090062). “We’ve had some discussions with the tech community, and with some people on the committee. I don’t want to destroy the social media companies, but they’ve got to be more accountable.”
FTC Commissioner Rohit Chopra warned Congress about the threat of regulatory capture Friday, contending data-rich tech companies wield excessive power. “All too often, the government is too captured by those incumbents who use their power to dictate their preferred policies,” he told the House Antitrust Subcommittee.