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to gain the necessary votes to pass. With the Senate shifting to Republican control next year, it
is more likely that expanded regulation of privately -owned and -operated networks will be off
the table and that Congress will consider a series of individual cyber bills that will move the
needle in a positive direction and could be signed into law.

Intelligence and Defense

The one stumbling block for information sharing legislation, however, might be continuing
concerns by privacy advocates, libertarians, and members of both sides of the aisle regarding
NSA surveillance operations. It remains to be seen whether Congress might choose to address
the issue as part of the “must pass” National Defense Authorization Act during the lame duck
session.

Communications and Patent Reform

When the Senate does change hands, the Republican-led Congress will consider a major
rewrite of the Communications Act, which empowers the FCC to regulate various sectors of the
communications industry. Incoming Senate Commerce Chair John Thune (R-SD) pledged to
join his House Republican counterparts as they undertake a years-long process to rewrite and
update the country's telecommunications laws to reflect the needs of a digital world. In addition,
the House and Senate Commerce Committees will conduct vigorous oversight of regulatory
agencies, particularly the FCC, which is pushing for net neutrality rules that Republicans
oppose.

One area where members have found common ground is reform of the nation’s patent laws.
There is widespread, bipartisan agreement that too many nuisance infringement lawsuits have
been filed and that patent assertion entities have built an industry out of suing major high-tech
companies and small businesses over questionable patents.

Opposition to litigation reform does exist; mainly coming from the trial lawyer association, which
generally opposes any measures that make it more difficult to file lawsuits, as well as from
universities, biotech companies, and pharmaceutical companies that claim it makes it more
difficult for them to enforce and license their patent rights.

However, Sen. Chuck Grassley (R-IA), the incoming chair of the Senate Judiciary Committee
(which has jurisdiction over patent law), likely will not be swayed by the trial lawyers and is more
likely to move legislation that will rein in frivolous lawsuits.

There also is hope that perhaps a Republican congress will act on the matter of corporate tax
reform in order to drive job creation and economic growth.

5 Cyber Warnings E-Magazine – November 2014 Edition
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