The V-Chip and TV Ratings: Monitoring Children’s Access to TV Programming

Patricia Moloney Figliola
Specialist in Internet and Telecommunications Policy

To assist parents in supervising the television viewing habits of their children, the Communications Act of 1934 (as amended by the Telecommunications Act of 1996) requires that, as of January 1, 2000, new television sets with screens 13 inches or larger sold in the United States be equipped with a “V-chip” to control access to programming that parents find objectionable. Use of the V-chip is optional. In March 1998, the Federal Communications Commission (FCC) adopted the industry-developed ratings system to be used in conjunction with the V-chip. Congress and the FCC have continued monitoring implementation of the V-chip. Some are concerned that it is not effective in curbing the amount of TV violence viewed by children and want further legislation.

On August 31, 2009, the FCC released a report implementing the Child Safe Viewing Act of 2007. In the act, Congress had directed the FCC to examine “the existence and availability of advanced blocking technologies that are compatible with various communications devices or platforms.” Congress defined “advanced blocking technologies” as “technologies that can improve or enhance the ability of a parent to protect his or her child from any indecent or objectionable video or audio programming, as determined by such parent, that is transmitted through the use of wire, wireless, or radio communications.” Congress’s intent in adopting the act was to spur the development of the “next generation of parental control technology.” In a second inquiry issued in October 2009, the FCC is addressing additional issues it was unable to fully address based on its first inquiry.

There has been no action related to the V-Chip in the 112th Congress.


Date of Report: August 25, 2011
Number of Pages: 14
Order Number: RL32729
Price: $29.95

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The Corporation for Public Broadcasting: Federal Funding and Issues

Glenn J. McLoughlin
Section Research Manager
|
Mark Gurevitz
Information Research Specialist

The Corporation for Public Broadcasting (CPB) receives virtually all of its funding through federal appropriations; overall, about 15% of all public television and radio broadcasting funding comes from the federal appropriations that CPB distributes. CPB’s appropriation is allocated through a distribution formula established in its authorizing legislation and has historically received two-year advanced appropriations. Congressional policymakers are increasingly interested in the federal role in supporting CPB due to concerns over the federal debt, the role of the federal government funding for public radio and television, and whether public broadcasting provides a balanced and nuanced approach to covering news of national interest.

It is also important to note that many congressional policymakers defend the federal role of funding public broadcasting. They contend that it provides news and information to large segments of the population that seek to understand complex policy issues in depth, and in particular for children’s television broadcasting, has a significant and positive impact on early learning and education for children.

On April 15, 2011, President Obama signed the eighth and final Continuing Resolution (CR) into law (H.R. 1473, P.L. 112-10). The final CR sustained $430 million in advanced appropriations for CPB in FY2011, provided $445 million in advanced appropriations for FY2013, and ended $80 million in continued funding from FY2010 for three federal programs related to public broadcasting.

On March 15, Representative Lamborn introduced H.R. 1076, To Prohibit Federal Funding of National Public Radio and the Use of Federal Funds to Acquire Radio Content. Among its provisions, the bill would end direct federal funding of NPR Inc. as well as prohibit member stations from using federally appropriated funding to purchase broadcasting content from NPR Inc. The bill, without committee hearings or markup, was considered on the floor of the House of Representatives on March 17, 2011, and passed the same day (228-192). It has been referred to the Senate, where to date no further action has been taken.


Date of Report: September 1, 2011
Number of Pages: 12
Order Number: RS22168
Price: $29.95

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Intent Standard for Induced Patent Infringement: Global-Tech Appliances, Inc. v. SEB S.A.

Brian T. Yeh
Legislative Attorney

While § 271(a) of the Patent Act (35 U.S.C. § 271(a)) creates liability for someone who directly infringes a patent (by the unauthorized use of a patented invention), § 271(b) of the act provides indirect infringement liability for someone who “actively induces” another party to engage in infringing activities. “Inducement” is a theory of indirect patent infringement, in which a party causes, encourages, influences, or aids and abets another’s direct infringement of a patent. In Global-Tech Appliances, Inc. v. SEB S.A., the question was the legal standard for the mental state necessary for a defendant to be liable for actively inducing infringement under § 271(b). The U.S. Court of Appeals for the Federal Circuit had ruled that a plaintiff may hold a defendant liable for induced patent infringement by showing that the defendant had a “deliberate indifference of a known risk” that the induced acts may violate an existing patent.

On May 31, 2011, the Supreme Court rejected the Federal Circuit’s “deliberate indifference” standard. By a vote of 8-1, the Court ruled that induced infringement under § 271(b) requires actual knowledge that the induced acts constitute patent infringement. However, in a somewhat surprising step, the Court declared that this statutory knowledge requirement could be satisfied by proof of the accused inducer’s “willful blindness” (that is, the defendant subjectively believes there is a high probability that a patent exists and takes deliberate actions to avoid learning of that fact). This is the first time that the Supreme Court has applied “willful blindness,” a criminal law doctrine, to a civil patent infringement case. It is also the first time that the Court has held that proof of willful blindness can substitute for actual knowledge, thus establishing a standard not only for patent infringement cases brought under § 271(b), but also potentially for all federal criminal cases involving knowledge.


Date of Report: August 30, 2011
Number of Pages: 12
Order Number: R41976
Price: $29.95

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Illegal Internet Streaming of Copyrighted Content: Legislation in the 112th Congress

Brian T. Yeh
Legislative Attorney

Technological developments related to the Internet benefit consumers who want convenient ways to view and hear information and entertainment content on a variety of electronic devices (such as televisions, radios, computers, mobile phones, video game consoles, and portable media players). New technologies offer the potential to help copyright holders promote their creative works for artistic, educational, and commercial reasons. However, new technologies may increase the risk of infringement of the copyright holders’ rights because they often provide faster, cheaper, and easier means of engaging in unauthorized reproduction, distribution, and public performance of copyrighted works than previous technologies. The widespread consumer use of high-speed Internet connections as well as increased reliance on data storage offered by “cloud computing” services may also contribute to infringement problems.

One of these new technologies enables the “streaming” of copyrighted content over the Internet from a website to an end user. There are many legitimate streaming websites such as Hulu, Netflix, YouTube, and HBO GO that offer on-demand streams of television programs, motion pictures, live sporting events, and sound recordings. However, streaming technology can also be misused for facilitating copyright infringement online. So-called “rogue” websites serve as an alternative to the authorized websites, willfully streaming unlawfully obtained copyrighted content to users and thereby infringing the copyright holder’s exclusive right to control public performance of the work. By offering consumers an unlawful alternative for viewing streaming content, these rogue websites may reduce the number of people who would otherwise visit the legitimate providers of copyrighted material.

To enforce their intellectual property rights, copyright holders may file a lawsuit against the alleged infringer. In addition to these civil remedies, the U.S. Department of Justice has the power to criminally prosecute particularly egregious copyright infringers (repeat and large-scale offenders) in order to impose greater punishment and possibly deter other would-be infringers. Yet under the current law, many illegal streaming websites have evaded prosecution due largely to a disparity regarding the criminal penalties available for those who willfully infringe copyrights by means of reproduction and distribution (a felony offense in certain circumstances) and those who infringe copyrights by means of public performance (a misdemeanor).

In March 2011, the U.S. Intellectual Property Enforcement Coordinator recommended Congress amend the law to harmonize penalties for the act of illegally streaming copyrighted content with those applicable to downloading and peer-to-peer file sharing of such protected material: “To ensure that Federal copyright law keeps pace with infringers, and to ensure that DOJ and U.S. law enforcement agencies are able to effectively combat infringement involving new technology, the Administration recommends that Congress clarify that infringement by streaming, or by means of other similar new technology, is a felony in appropriate circumstances.”

Following this recommendation, S. 978 was introduced in the 112th Congress. Commonly referred to as the Commercial Felony Streaming Act, S. 978 would authorize a maximum five-year prison sentence for those who, without authorization, willfully stream commercially valuable copyrighted material for purposes of commercial advantage or private financial gain. It also expands the current felony offense of unauthorized distribution of a pre-release commercial copyrighted work to include “public performance” of such work as an additional basis for prosecution. The Senate Judiciary Committee approved the bill on June 16, 2011, by voice vote, and Senator Leahy reported the bill on June 20 without amendment. .


Date of Report: August 29, 2011
Number of Pages: 14
Order Number: R41975
Price: $29.95

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Congressional Liaison Offices of Selected Federal Agencies

Audrey Celeste Crane-Hirsch
Information Research Specialist

This list of about 150 congressional liaison offices is intended to help congressional offices in placing telephone calls and addressing correspondence to government agencies. In each case, the information was supplied by the agency itself and is current as of the date of publication. Entries are arranged alphabetically in four sections: legislative branch; judicial branch; executive branch; and agencies, boards, and commissions.

Specific telephone numbers for correspondence, publications, and fax transmissions have been provided for each applicable agency. When using fax, it is important to include the entire mailing address on a cover sheet, as many of the listed fax machines are not directly located in the liaison offices. For the convenience of the user, websites are included as well.

A number of agency listings include an e-mail address. When e-mailing agencies please remember to include your name, affiliation, phone number, and return address, to ensure a speedy response. Users should be aware that e-mail is not a confidential means of transmission. This report was produced for congressional offices only.


Date of Report: August 26, 2011
Number of Pages: 9
Order Number: 98-446
Price: $19.95

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