President Donald Trump said he's directing U.S. Trade Representative Robert Lighthizer to examine China's actions, policies and practices on theft of U.S. IP and the "forced transfers of American technology." At a Monday event where the president signed a memorandum to that effect, Trump said Washington hasn't done anything about this and it won't "turn a blind eye" any longer. "We will stand up to any country that unlawfully forces American companies to transfer their valuable technology as a condition of market access," he said. The U.S. will fight counterfeit and pirated goods and services and protect copyrights, patents, trademarks, trade secrets and American jobs, he added. Among those in attendance were Commerce Secretary Wilbur Ross and House IP Subcommittee Chairman Darrell Issa, R-Calif. China should take the Trump administration's assessment seriously and improve the trade relationship, said Information Technology Industry Council CEO Dean Garfield in a statement. He said both the U.S. and China should address the issues in the months before the November Asia-Pacific Economic Cooperation Economic Leaders’ Meeting in Vietnam.
Technology-related trade barriers that prevent U.S. companies from selling products and services abroad should be a government focus, the Information Technology Industry Council responded (release here) to the Office of the U.S. Trade Representative request for comments about trade agreement violations and abuses. Comments were sought after an April executive order. Data localization, cloud computing restrictions, regulations on online service providers and customs, copyright issues and surrender of source code, encryption keys and IP were among barriers U.S. companies face overseas, said ITI. The U.S. Chamber of Commerce called the 1996 Information Technology Agreement "an outstanding example of a trade agreement that lowers tariffs, benefits U.S. exporters and American workers, and promotes innovation" in the U.S. It said the ITA expansion agreed to by 53 World Trade Organization members in December 2015 "will multiply [ITA] benefits" when implemented by 2019, but more "vigorous enforcement" of all agreements is needed, "a goal that sometimes receives only lackluster support in practice."
Department of Commerce general counsel nominee Peter Davidson, former Verizon senior vice president-federal government relations, said at his confirmation hearing Wednesday that he would ensure FirstNet is implemented as quickly as possible and the statute is "followed to the letter." Davidson responded to Sen. James Inhofe, R-Okla., who asked what Davidson's role would be in that program. Davidson, nominated by President Donald Trump a month ago, received a favorable hearing and got few questions. Davidson told senators he would support policies that remove investment and innovation barriers to U.S. tech companies and protect against any unfair and restrictive policies of foreign governments. He said he would support Commerce Secretary Wilbur Ross' commitments to increased U.S. market access, defend American workers against unfair practices and seek new trade agreements. Before Verizon, Davidson was general counsel to the Office of the U.S. Trade Representative, among other government positions.
Makers of RF devices can still put on traditional FCC logos, even though the regulator last month agreed to allow e-labeling as part of an overhaul of Part 2 equipment authorization rules (see 1707130032), an official said Thursday. Office of Engineering and Technology Chief Julius Knapp and Rashmi Doshi, chief of the FCC Lab, appeared on a Telecommunications Industry Association webinar. Doshi said e-labeling isn't a mandate. The order goes to some length to recognize that “the FCC logo is useful, even though we felt that making it mandatory was too much of a burden,” Doshi said. The label is widely recognized outside the U.S., he said. The Department of Commerce and the Office of the U.S. Trade Representative are working with other countries on common approaches to e-labeling, Doshi said. The Asia-Pacific Economic Cooperation has scheduled a conference on the topic for next month, he said. “We’ve already talked to Canada on some of the things that they’re doing.” Knapp said the U.S. is at the “forefront” internationally. “When I go to places like Europe or Asia, we’re always trying to inform people about what we’ve done in the hope that they will follow,” Knapp said. Analysis of RF devices is becoming more complicated, with systems on the market with multiple radios that are software controlled, Knapp said. “The balancing we’re trying to achieve is that you still meet the technical requirements, but you’re not doing 2,000 tests so that by the time you’re done the product is outdated,” Knapp said. “That really is the challenge.”
Robert Holleyman, ex-deputy U.S. trade representative, joins C&M International affiliate of Crowell & Moring as president-CEO and the law firm itself as a partner, International Trade Group ... Retiring from Univision Communications: Keith Turner, president-advertising sales and marketing, effective at year's end ... Tennis Channel hires Steve Disson, ex-Disson Sports & Entertainment, as head-new business development, sponsorships, new post ... Ifrah Law moves up Rachel Hirsch to partner; her practice includes internet advertising and gaming.
Fox Rothschild moves up Elizabeth Litten and Mark McCreary to co-chairs, Privacy and Data Security Practice ... Named to Office of the U.S. Trade Representative senior staff positions: Jamieson Greer, ex-Kirkland & Ellis, as chief of staff; Payne Griffin, ex-aide to then-Sen. Jeff Sessions, R-Ala., as deputy chief of staff; Pamela Marcus, ex-Skadden Arps, as deputy chief of staff-operations; Stephen Vaughn, ex-King & Spalding, as general counsel; Timothy Reif, who has been general counsel, as senior adviser; Christopher Jackson, ex-aide to Sessions, as assistant USTR-congressional affairs; Cameron Bishop, ex-aide to Rep. Austin Scott, R-Ga., as deputy assistant USTR-congressional affairs; and Emily Davis, ex-American Action Network/Congressional Leadership Fund, as deputy assistant USTR-public and media affairs.
Philip Verveer, ex-U.S. coordinator for international communications and information policy and FCC staffer, joins Venable's regulatory practice as senior counsel in Washington ... BT promotes Jennifer Artley to president-BT Americas ... Frontier Communications names John Maduri, ex-Cable & Wireless, executive vice president-consumer sales, marketing and product ... Presidential nomination sent to Senate: Jeffrey Gerrish to be a deputy U.S. trade representative-Asia, Europe, the Middle East, and industrial competitiveness.
The North American Free Trade Agreement should include provisions governing intellectual property, recognize the importance of the internet, and be free of impediments to U.S. companies operating in foreign countries, said industry associations in comments submitted to the Office of the U.S. Trade Representative Friday. “The U.S. approach to renegotiating NAFTA should reflect the increasing importance of Internet-enabled trade to the U.S. economy,” said CCIA. “For the Internet to serve its trade-enabling role, and for local entrepreneurs to drive crossborder economic activity, trade negotiators need to ensure predictable liability protections are in place across countries where users and content creators are sharing information on Internet platforms,” said CTA. The agreement should include principles consistent with an open internet, said Public Knowledge. PK also commented on the agreement’s provisions on intellectual property, though it said NAFTA may not be the correct place for such provisions. “When multiple bilateral and regional trade agreements address substantive intellectual property in detail, they run the risk of an inconsistent and complex patchwork of obligations,” PK said. If copyright provisions are part of NAFTA, they should preserve public interest balance and “require limitations and exceptions to copyright, which are essential in modern societies and economies,” PK said. North American trading partners should “maintain a balanced system of intellectual property regulation” said CCIA. NAB, CTA and the Satellite Industry Association said NAFTA shouldn't include rules that make it difficult for U.S. companies to work with Canada and Mexico. The agreement should address Canadian retransmission of U.S broadcast content and Canada’s “discriminatory tax treatment” of U.S. broadcasters, NAB said. The agreement “should require copyright limitations and exceptions like fair use that have been essential to U.S. innovation and the strength of the U.S. tech sector,” CTA said. “The absence of such provisions in Mexico leaves the U.S. tech sector vulnerable there -- particularly as Mexico strengthens other parts of its copyright system,” CTA said. NAFTA should “prohibit” the “trade barriers which create performance demands on U.S. satellite services in Canada and Mexico,” SIA said. The Communications Workers of America suggested a host of changes to the agreement to improve its effects on labor. “NAFTA has had a hugely negative impact on CWA members and other working families across this country,” CWA said. “The renegotiation of NAFTA must replace this deal written by and for multinational corporations with an agreement that is designed to create jobs and raise wages for working men and women."
Communications groups backed updating the North American Free Trade Agreement and made recommendations to the Office of U.S. Trade Representative in comments posted in docket USTR-2017-0006 this week. The Telecommunications Industry Association proposed new provisions on "free cross-border transfers of data," "Mexico's timely accession to the Information Technology Agreement, to which the U.S. and Canada already belong," "fair competition with state-owned enterprises," agency transparency and notice-and-comment requirements, and a prohibition on foreign telecom ownership limits, including for spectrum licenses. TIA backed keeping and enforcing provisions on "open, non-discriminatory and reciprocal market access in government procurement" and various standards issues, including "mutual recognition of standards and certification bodies for telecom equipment." The Computing Technology Industry Association said U.S. tech companies benefited under NAFTA from "tariff reductions, strong intellectual property rights, licensing rules, patent protections, and preferential rules of origin," and it urged prioritizing World Trade Organization Information Technology Agreement adherence, import/export license procedures, government procurement, digital trade and e-commerce, and several customs and trade-facilitation objectives. The Internet Infrastructure Coalition focused on encryption, national security exceptions, certification requirements, intellectual property and digital trade, including data flows, localization, regulatory transparency and intermediary liability. Engine said business startups would benefit if key protections under U.S. law are added to NAFTA, such as "the protection of cross-border data flows, intermediary liability protections and copyright safe harbors."
FCC Chairman Ajit Pai advances Lisa Fowlkes (see 1706130059) to chief-Public Safety Bureau, where she was acting chief ... Wilkinson Barker hires Anne Swanson, ex-Cooley, as partner; she has worked on drone, tech and communications issues ... NAB hires Josh Pollack, ex-White House aide under President Barack Obama, as vice president-government relations, effective July 10 ... With Verizon completing (see 1706130048) purchase of the operating business of Yahoo, the assets are combined with its existing AOL business to create a new subsidiary, Oath; ex-AOL CEO Tim Armstrong is CEO of Oath, which is part of Verizon's Media and Telematics organization; Marni Walden is Verizon president-media and telematics; Yahoo CEO Marissa Mayer resigns from Yahoo.