While the 2021 revisions were generally not helpful from the perspective of clarity and a successful standards process, the proposed FAQ revisions will at least help to mitigate that lack of clarity and to discourage readers of the policy from going beyond the text of the document.
With respect to questions raised by others regarding the prohibitive order FAQ, we note that the FAQ clarifies that prohibitive orders would only be available where both national law and IEEE policy permit seeking such an order; if either national law or IEEE policy would not permit seeking a prohibitive order, the other would not override that. With that in mind, we believe further clarification of this FAQ is unnecessary. (We also note that the use of the term "prohibitive order" to refer to injunctive forms of relief barring conduct dates back at least 50 years in U.S. case law.)
Joshua Landau
Senior Counsel, Innovation Policy
Computer and Communications Industry Association
(202) 470-3622 | jlandau@xxxxxxxxxxx