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ACM WASHINGTON UPDATE
Association for Computing Machinery Office of Public Policy

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May 14, 2001 Volume 5.2

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CONTENTS
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INTRODUCTION

POLICY BRIEFS:
ACM Opens Public Policy Office in Washington, D.C.
Congressional Debate on FY2002 Science Budget Begins
USACM Concerned U.S. Copyright Law Stifles Research and Freedom
New Congressional Leaders Consider Database Legislation
Government to Review ICANN - VeriSign Agreement
Congress Considers Anti-Spam Legislation
International Cyber-Crime Treaty Continues to Advance

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INTRODUCTION
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The Association for Computing Machinery is an international professional
society whose 80,000 members (60,000 in the U.S.) represent a critical
mass of computer scientists in education, industry, and government. The
USACM provides a means for promoting dialogue on technology policy
issues with United States policy makers and the general public. The
WASHINGTON UPDATE reports on activities in Washington, which may be of
interest to those in the computing and information policy communities
and will highlight USACM's involvement in many of these issues.

To subscribe to the ACM WASHINGTON UPDATE send an e-mail to
listserv@acm.org with "subscribe WASHINGTON-UPDATE" (no quotes) in the
body of the message. Back issues are available at:
http://www.acm.org/usacm

For information about joining the Association for Computing Machinery,
see: http://www.acm.org/membership/join.html

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POLICY BRIEFS
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ACM OPENS PUBLIC POLICY OFFICE IN WASHINGTON, D.C.

The ACM has opened a Public Policy Office in Washington, D.C.  The policy
office will work closely with the ACM's public policy committee (USACM),
the ACM's numerous Special Interest Groups, and the science and research
community at large to educate policy makers and provide a deeper understanding
of computing and information technology policy issues.  In addition,
the policy office will advise the ACM membership of relevant policy and regulatory
developments of interest to the organization.  Located at 1100 Seventeenth
Street, NW, Suite 507, Washington, D.C., 20036, the ACM Public Policy Office
will be maintained by ACM staff.  Jeff Grove, former Staff Director
of the House Science Committee's Subcommittee on Technology, has been selected
to direct the operations and activities of the office.  For more information,
Jeff Grove can be contacted at (202) 659-9711 or jeff_grove@acm.org.

To review the ACM statement announcing the public policy office, see the Web site:
http://acm.org/announcements/grove.html

To learn more about the activities of USACM, see the Web site: http://www.acm.org/usacm

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CONGRESSIONAL DEABATE ON FY2002 SCIENCE BUDGET BEGINS

In April, the Bush Administration submitted the FY2002 science budget proposal
to Congress.  The proposal includes $4.47 billion for the National Science
Foundation (NSF), the government agency responsible for promoting science
and engineering through programs that invest in research and education projects
in science and engineering.  While this figure is $56 million more than
last year's appropriated level, it actually represents a slight decrease
when inflation and other adjustments to the base are calculated.  In
particular, the NSF proposal requests $470.4 million for the Computer and
Information Science and Engineering (CISE) program, a 1.6 percent decrease
from last year's funding level.  Funding for NSF education programs
includes $200 million for math and science partnerships and $26.2 million
for the "GK-12 program" which places graduate students in K-12 classrooms.

During last week's Congressional consideration of the budget resolution,
supporters of science funding were successful in gaining an increase of 
$200 million in the general account that funds science, space and technology. 
In addition, supporters have vowed to seek spending increases for NSF and
other government agencies that fund civilian science research and development
during the annual appropriations process.   FY2002 begins October 1,
2001.

To review the NSF FY2002 budget request summary, see the Web site:
http://www.nsf.gov/home/budget/start.htm

For additional analysis, see the Computing Research Association's Web site:
http://www.cra.org/govaffairs/budget

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USACM CONCERNED U.S. COPYRIGHT LAW STIFLES RESEARCH AND FREEDOM

The USACM has continued to raise concerns regarding the Digital Millennium
Copyright Act (DMCA), because it interferes with non-infringing, legitimate
science and research by placing overly broad restrictions on technology and
communication.  At a recent conference, Princeton Professor Edward Felten
declined to present an academic paper describing methods for demonstrating
security flaws in certain watermarking technologies that might be used by
the music recording industry to protect digital music.  Felten, an ACM
member, citied the threat of legal action by the music industry under DMCA
as the reason for cancellation of his presentation.  On May 3, the USACM
issued a statement supporting the freedom of computer scientists to engage
in critical research, and to exchange ideas and information fundamental to
the progress of science.

To review a copy of the USACM statement, see the Web site:
http://www.acm.org/usacm/IP/DMCA-release.html

To review USACM activities regarding the DMCA, see the Web Site:
http://www.acm.org/usacm

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NEW CONGRESSIONAL LEADERS CONSIDER DATABASE LEGISLATION

Last year, two Committees of the House of Representatives produced competing
legislative approaches
regarding the protection of databases, neither of which was enacted into
law.  While both bills sought to prohibit the wholesale misappropriation
of databases, USACM joined other members of the scientific, research and
non-profit community in expressing concerns regarding the Judiciary Committee
proposal - H.R. 354.  At that time, USACM concluded enactment of H.R.
354 would harm the U.S. scientific research enterprise by prohibiting the
transformative use of a database, even for scientific and research purposes

This year, both committees of jurisdiction are lead by new Chairmen, Rep.
Sensenbrenner (R-WI) of the Judiciary Committee and Rep. Tauzin (R-LA) of
the Energy and Commerce Committee.  Seeking to avert the gridlock of
the past, both leaders have pledged to "work together in fashioning compromise
database legislation" this year and have directed Committee staff to convene
a series of meetings with database stakeholders aimed at resolving outstanding
concerns.  The ACM policy office has participated in the meetings and
USACM recently sent a letter to both Congressional leaders registering concerns
over creating new copyright protections for databases without allowing for
the "fair use" of data
by the scientific and research community.

To review a copy of the USACM database letter, see the Web site:
http://www.acm.org/usacm

To review the Congressional database statement, see the Web site:
http://www.house.gov/judiciary/news032901.htm

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U.S. GOVERNMENT TO REVIEW ICANN / VERISIGN AGREEMENT

In April, the Internet Corporation for Assigned Names and Numbers (ICANN)
approved a controversial agreement that allows VeriSign to control the .com
registry until 2007, with the right to renew for an additional four years. 
The agreement requires VeriSign to turn the .org registry over to an as yet
unspecified not-for-profit organization on December 31, 2002, and provide
$5 million to assist the organization in getting started.  The agreement
is subject to ratification by the U.S. Department of Commerce.
Working in a bipartisan fashion, the leadership of the U.S. House of Representatives
Committee on Energy and Commerce recently sent a letter to the Department
of Commerce suggesting the agency use criteria "to ensure the consistency
with the principles of robust competition in domain-name registry and registrar
services, and continued stability and security of the Internet" in its review
of the agreement.  The Department has indicated it will utilize such
criteria in conducting its review, which it hopes to conclude later this
month.

To review ICANN's announcement of the VeriSign agreement, see the Web site:
http://www.icann.org/announcements/icann-pr02apr01.htm

To review the ACM's Internet governance activities, see the Web site:
http://www.acm.org/serving/IG.html

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CONGRESS CONSIDERS ANTI-SPAM LEGISLATION

Last month, the House Committee on Energy and Commerce approved H.R. 718,
the "Unsolicited Commercial Electronic Mail Act of 2001".  Supporters
claim the legislation will curb the practice of sending
junk e-mails commonly known as "spam."  During consideration, amendments
were passed stripping provisions that allowed individuals and Internet Service
Providers (ISPs) to utilize Simple Mail Transport Protocol (SMTP) to stipulate
that they would not accept spam.  Other anti-spam legislation has been
introduced in the House making it illegal to use fraudulent e-mail addresses
or header information in commercial e-mails, or to use software to hide e-mail
addresses.  The full House of Representatives is yet to schedule a vote
on related legislation.

The Senate is also considering anti-spam measures, but is yet to move legislation
out of committee.
In testimony on April 26 before the Senate Commerce Committee Subcommittee
on Communications, consumers' groups advocated a federally mandated "opt
in" policy on commercial e-mail - allowing consumers to agree to accept such
e-mail before firms could send it - as well as the right for consumers and
Internet service providers (ISPs) to sue spammers.  Industry representatives
maintained that ISPs should not be allowed to determine what is spam and
that creating new rights to sue will lead to an explosion in litigation.

To review Congressional testimony regarding spam, see the Web site: 
http://www.senate.gov/~commerce/hearings/hearings.htm


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INTERNATIONAL CYBER-CRIME TREATY CONTINUES TO ADVANCE

The Council of Europe, an independent body with membership of over 40 countries,
continues to advance a controversial international cyber-crime treaty. 
The treaty grants new power to law enforcement
authorities to conduct electronic surveillance, extends the police authority
of national governments, and creates internationally recognized criminal
penalties for intellectual property infringement and computer crimes. 
On April 24, the Parliamentary Assembly of the Council approved the treaty
with slight modifications.  While the council began work on the treaty
in 1997, the treaty is in the final review stages and could be ratified later
this year.  Privacy advocates, as well as high-tech industry representatives,
have been meeting with Congress and Justice Department officials urging the
U.S. to object to the treaty.  Last fall, the ACM was a signatory to
a letter organized by the Global Internet Liberty Campaign and sent to the
Secretary of the Council of Europe objecting to many of the controversial
provisions of the treaty.

To review the U.S. Department of Justice summary of the treaty, see the Web
site: http://www.usdoj.gov/criminal/cybercrime/COEFAQs.htm#Q6

To review the Global Internet Liberty Campaign's letter signed by ACM, see
the Web site: http://www.gilc.org/privacy/coe-letter-1000.html


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Washington Update is a publication of the
Public Policy Office of the Association for Computing
http://www.acm.org/usacm
1100 Seventeenth Street, NW, Suite 507, Washington, DC 20036 - 4632
Tel:(202) 659-9711 - Fax:(202) 667-1066