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March
25, 2002
The Honorable Robert Reichert
Chairman, Judiciary Subcommittee
Georgia House of Representatives
601 Legislative Office Building
Atlanta, GA 30334
Dear Chairman Reichert:
On behalf of the USACM, the U.S. Public Policy Committee
of the Association for Computing Machinery, we are writing
to express our concerns with the proposed Georgia Database
Protection and Economic Development Act of 2002,
SB214.
The Association for Computing Machinery's
(ACM) is a leading society of 75,000 computer scientists,
educators, and other professionals committed to advancing
the open interchange of information concerning computing
and related disciplines. ACM has an active membership
of 1200 individuals in Georgia, including professional
chapters in Atlanta and student chapters at Augusta
State University, Berry College, Clark Atlantic University,
Covenant College, Emmanuel College, Emory University,
Fort Valley State University, Georgia Institute of
Technology, Georgia Southern College, Georgia Southwestern
State University, Georgia State University, Kennesaw
State University, Mercer University, Morehouse College,
North Georgia College and State University, Savannah
State College, Southern Polytechnic State University,
Spelman College, State University of Western Georgia,
and the University of Georgia.
As data and technical information
producers ourselves, we acknowledge the need to protect
investments made in large data collections.
However, intellectual property policies - including
those covering databases - should ensure the continued
vibrancy of nonprofit publishers, students, researchers
and the general public, even as they seek to protect
commercial investments. Legislative efforts
such as SB214 would allow a producer or publisher
of a database unprecedented control over uses of information,
including the downstream use of facts. As facts
are the building blocks of knowledge and support innovation
and the advancement of knowledge in the public and
private sectors, we have concluded that SB214 would
have a "chilling effect" on the U.S.
scientific research enterprise.
Since there appears to be no urgent
need for this legislation (digital databases already
receive protection under the Digital Millennium Copyright
Act and Computer Fraud and Abuse Act, as well as state
claims for breach of contract, misappropriation, and
trespass to chattel), we believe that the best course
of action is for the House Committee on Judiciary
to defer consideration of SB214 until a thoughtful,
balanced revision is made that respects the concerns
of all data users.
If USACM can provide additional information
or be of assistance, please do not hesitate to call
Jeff Grove, the Director of the ACM Public Policy
Office, at (202)659-9711.
Sincerely,
Barbara Simons, Ph.D.
Eugene H. Spafford, Ph.D
Co-Chairs
U.S. ACM Public Policy Committee
Association for Computing Machinery
About USACM:
USACM is the U.S. Public
Policy Committee of the Association for Computing
Machinery (ACM). ACM is the leading nonprofit membership
organization of computer scientists and information
technology professionals dedicated to advancing the
art, science, engineering and application of information
technology. Since 1947, ACM has been a pioneering
force in fostering the open interchange of information
and promoting both technical and ethical excellence
in computing. Over 70,000 computer scientists and
information technology professionals from around the
world are members of ACM.
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