March 27, 2003

Dear Dr. Marburger,

ACM is the leading professional society of computer scientists, educators, and other computer professionals.  ACM's mission is to advance the open interchange of information concerning computing and related disciplines.  In furtherance of that mission, ACM is a leading publisher of scientific information and draws the computing community together through a wide variety of professional conferences. USACM is the U.S. Public Policy Committee of ACM.

In the aftermath of the deplorable acts of terror perpetrated against the United States on September 11, 2001, USACM is confident that our nation can face the challenges to the security of our homeland while continuing to advance technological innovation and provide world scientific leadership. However, we are concerned that overly broad actions intended to ensure the safety and security of U.S. citizens may serve to limit many legitimate exchanges including the freedom to publish research and advance innovation in computer technology.  Such actions will impose a cost not only to ACM's members, but also on the academic community, the process of scientific discourse, and society in general.

In particular, USACM is concerned with the promulgation of regulations that create new classification designations - such as *sensitive* - in grants and contracts to insert points of control or government clearance prior to disclosure and publication of research data in otherwise uncontrolled or unclassified subject areas.  Federal agencies are not providing clear definitions or other guidance as to the meaning of *sensitive* information.  Therefore, the new controls create severe uncertainty among researchers and adversely impact their ability to conduct fundamental research across many science and engineering fields. 

USACM is also concerned with government actions that require the screening of foreign-born scientists participating in research projects.  Restrictions on access and participation may discriminate among researchers according to country of origin.  Such controls directly threaten the academic freedom of researchers, graduate students, visiting scholars, and other members of the academic and scientific community. 

As a result of new regulations and control, some universities have taken steps to protect intellectual openness.  In June of 2002, a faculty committee of the Massachusetts Institute of Technology (MIT) recommended a number of revisions to current campus policy, including the refusal of certain federally funded research projects that require the prescreening of research results.  In its recommendations, the MIT panel concludes:

“We believe that the restriction of the free flows of research results, as well as control of individual access, would negatively impact national security by hampering the progress of science in important areas of human health, economic growth, and in all other areas that science has brought benefits to our nation.” <http://web.mit.edu/faculty/reports/publicinterest.pdf> 

USACM stands ready and willing to work with policymakers to protect the nation by contributing our expertise and leadership in computing, networking, security, cryptography, and privacy.  In building on the contributions of the MIT panel and others in the science community, USACM recommends a clear and concise policy framework for controlling access to research and information that preserves the strength of our universities and research enterprise, supports our nation's ability to create and disseminate knowledge, and provides our future scientific leaders with a world-class education.  It would be a tactical and strategic error to sacrifice our future strength while responding to our near-term threats.

Please contact the ACM Office of Public Policy if we can provide further information.

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.