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ICYMI- Special Report: The Cybersecurity Struggle – The Big Picture: Obama’s Power Play

Politico
Special report: The cybersecurity struggle – The big picture: Obama’s power play
Posted 01/31/14 10:03 AM EDT

SPECIAL REPORT: THE CYBERSECURITY STRUGGLE — Tony and the team have tech’s take on a POLITICO deep-dive on the administration’s regulatory agenda: “Some of the most pressing technology issues in Washington — from the security of the country’s networks to the way government handles patents or hires tech experts — are being adjudicated predominately by the White House, an unavoidable go-it-alone approach in debates that matter to tech giants in Silicon Valley and profit-makers on Wall Street. Obama specifically set that tone in his State of the Union address, emphasizing he wouldn’t wait on Congress across a broad spectrum of issues — patents and broadband connectivity included. But Obama’s second-term mix of executive actions, policy directives and private-sector collaborations could fall short of what Capitol Hill would be able to do if both ends of Pennsylvania Avenue worked together.”

“That struggle is most apparent in cybersecurity, for which the president issued an executive order almost one year ago that has the government and industry collaborating on new, voluntary standards. Obama only gave it five words of attention in his speech Tuesday, when he stressed the need to ‘combat new threats like cyberattacks.’ But his administration still has been inching closer to new standards — and possibly new regulations…[And] that game of give-and-take applies to more than just cybersecurity — congressional inaction has prompted the Obama administration to fill major tech policy gaps, and sometimes the White House has built on existing law to pre-empt Congress to continue to legislate.” MORE: http://politico.pro/1iRGzEV

–THE BIG PICTURE: Don’t miss Stephanie Simon’s full take on the Obama power play: “Americans heard President Barack Obama declare this week that he intends to bypass the gridlocked Hill to get things done on his own. What they didn’t hear: just how far he’s actually pushing his executive authority. An in-depth examination of the administration’s actions and plans, agency by agency, regulation by regulation, reveals an executive power play that’s broad and bold — and intensely ambitious. Far more than he let on in the State of the Union, the president has marshaled the tools of his office to advance policies, many unabashedly liberal, that push deep into everyday life for tens of millions of Americans.” http://politi.co/1n2s5PR

FIND THE ENTIRE SERIES, on the administration’s executive action and regulatory agenda, HEREhttp://politico.pro/1a4O4oV

And join Marty Kady, POLITICO’s managing editor of policy, at www.facebook.com/politico at noon to discuss Pro’s comprehensive series.

TODAY: PATENT PLAYERS RUMBLE OVER CBM AT SENATE — Reps from IBM and the Association for Competitive Technology are pitching Senate Judiciary aides today on why expanding the controversial patent review program should not be a part of the upper chamber’s patent work. They’ll go up against reps from the Internet Association and the App Developers Alliance, who back expanding CBM beyond financial patents, like Sen. Chuck Schumer’s proposed to do. It’s all part of the Senate Judiciary Committee’s patent briefing series, which began as senators asked for more discussion before proceeding with legislation.

As it was in the House, CBM remains the thorniest topic for would-be patent reformers. BSA | The Software Alliance, IBM and Microsoft were among those signed on to a letter Thursday (http://bit.ly/1ejPzyY) calling the expansion “not just ill-advised from a political standpoint, but from a policy perspective as well.” A gaggle of conservative groups, too, expressed disdain for the idea in a separate letter Thursday: http://bit.ly/1iRG7X7. CBM-backers’ have an ace up their sleeve, though: Support from President Obama, who reiterated his commitment to passing a reform bill during Tuesday’s State of the Union.

GOOD FRIDAY MORNING and welcome to Morning Tech, where we’ve not yet decided on our Super Bowl pick, but we have decided that this is going to be one of the more enjoyable big games of the last decade. Send us your take (come on, it’s Friday) at abyers@politico.comand @byersalex, and catch the rest of the team’s contact info after speed read.

**A message from the Innovation Alliance: The U.S. patent system is the foundation for America’s inventiveness, past, present and future. #patentsmatter  Learn more about protecting America’s inventors at: http://www.savetheinventor.com **

FACEBOOK USES DATA TO CHARM ADVERTISERS — The WSJ’s Reed Albergotti looks at Facebook’s 2013 earnings through the lens of their 2012 deals with data brokers: “Facebook posted record revenue and profit when it reported fourth-quarter financial results Wednesday, sending its stock to new heights and establishing it as a major force in the digital advertising industry…One little-discussed factor in those strong numbers: Facebook’s creative and sometimes tumultuous efforts behind the scenes to prove to the advertising industry that social networks can stand toe-to-toe with Google when it comes to return on investment.”

“Last year, Facebook refined its tools that allow advertisers to target users based not only on what they share with Facebook in their profiles and posts, but what those same people do with their wallets in brick and mortar stores…The information Facebook shares with its third-party partners is anonymous, the company says, to protect the privacy of users. The company uses a process by which the data is encrypted, so Facebook can’t see the detailed information it gets from partners and vice versa.” http://on.wsj.com/1iRMJVD

NEW ON INSTAGRAM: @PENNYPRITZKER — She’s the first cabinet secretary to join the photo-sharing service, per an aide: http://bit.ly/1iRIzge

HOUSE GOP BRASS MAKES THE IMMIGRATION SELL — Seung Min Kim and Jake Sherman, from Maryland: “The House Republican leadership is trying to sell their colleagues on a series of broad immigration principles, including a path to legal status for those here illegally. Speaker John Boehner’s leadership team introduced the principles at their annual policy retreat here. Top Republicans circulated a tightly held one-page memo titled “standards for immigration reform” toward the tail-end of a day that include strategy conversations about Obamacare, the economy and the national debt…Embracing legalization is a modest change for Republican leaders — some of them signaled openness to the idea last year. For a Republican Party that advocated “self-deportation” as recently as 2012, it’s a massive shift.” http://politi.co/1iRJddU

–TECH’S ALL SMILES: ITI’s Dean Garfield, in a statement: “The release of today’s standards mark an important step in the process in the House of Representatives toward reforming our nation’s broken, outdated immigration system. Congressional action on immigration reform this year is imperative for one simple reason: Immigration is innovation.”

OBAMA TAPS ROGERS AS NEXT NSA BOSS — POLITICO’s Phil Ewing and Darren Samuelsohn have the take: “Defense Secretary Chuck Hagel said he has designated Vice Adm. Mike Rogers as the new head of the NSA, and that the president has nominated Rogers to be the new head of U.S. Cyber Command. The NSA falls under the aegis of the Defense Department and as such Hagel can make Rogers’ appointment without congressional involvement. But the Senate must confirm Rogers to run CyberCom, a combatant command which means he’ll get a hearing…Changes at the top for the NSA come at a pivotal time for the Cold War-era agency, which was shaken to its foundations last year by the Snowden leaks. Each day’s headlines still bring a new installment in the drip-drip-drip of Snowden-related leaks about the once-secret workings of NSA’s electronic surveillance. For the new NSA director, the job requires trying to protect the country from another terrorist attack while also implementing a series of surveillance reforms that Obama demanded earlier this month during a speech at the Justice Department.” http://politi.co/1iRIlFT

APPLE, SAMSUNG SQUABBLE OVER POSSIBLE SALES BAN — Reuters’ Dan Levine: “ Samsung sought to defeat Apple’s bid for a permanent sales ban against some Samsung smartphones, arguing in court on Thursday that Apple’s request was an attempt to instill fear among telecom carriers and retailers that carry Samsung’s products. Apple’s request for the permanent injunction stems from the companies’ legal fight over various smartphone features patented by Apple, such as the use of fingers to pinch and zoom on the screen and design elements such as the phone’s flat, black glass screen…Koh had previously rejected such a sales ban, but the U.S. Court of Appeals for the Federal Circuit ordered her to reconsider in November.” http://reut.rs/1iRNrly

**A message from the Innovation Alliance: Our patent system was designed to foster and protect innovation at every level — let’s not let lopsided patent legislation become a disruption. The Innovation Alliance supports change that would improve patent quality without diminishing patent rights and the strength of the U.S. patent system. Proposed measures that would significantly weaken the foundation of our patent system raise concern. The Innovation Alliance represents innovators, patent owners and stakeholders from a diverse range of industries that believe in the critical importance of maintaining a strong patent system. Learn more at http://innovationalliance.net**

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