ACM WASHINGTON UPDATE
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December 21, 2001
Volume 5.9
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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 professionals 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 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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Felten Legal Challenge to DMCA Dismissed in Federal Court
On November 28, the Federal District Court in Trenton, New Jersey,
dismissed the lawsuit filed by ACM member Edward W. Felten and a team of
computing researchers seeking the court to rule portions of the Digital
Millennium Copyright Act (DMCA) unconstitutional. The plaintiffs argued
that DMCA's broad prohibitions on disseminating information and technology
restrict speech protected by the First Amendment. Earlier this year, the
ACM filed a declaration in support of Felten and the other plaintiffs by
expressing concerns that the DMCA will have a profound chilling effect on
analysis, research, and publication. The ACM's declaration also suggested
that the application of any law like the DMCA that may limit the freedom
to publish research on computer technology will impose a cost on the
academic community, the process of scientific discourse, and society in
general.
The suit was necessitated based on earlier actions by the Recording
Industry Association of America (RIAA) using the threat of legal action
under the DMCA to preclude Felten and the team of researchers from
discussing the weaknesses in the music industry's proposed digital
watermarking technology designed to control consumers' use of digital
music. Since the RIAA has subsequently stated that it would not file
suit against Felten and the team in this matter, District Judge Garrett
Brown dismissed the suit stating that he saw no controversy that needed
to be resolved. In addition, Judge Brown also noted that since the
plaintiffs are not under any threat or persecution by the Federal
Government, he saw no reason for the court to address the Constitutional
issues raised in the suit. Through their attorneys, the plaintiffs have
indicated that they intend to appeal the Federal Court ruling.
To review the statements issued by the plaintiffs' EFF attorneys, see
the web page: Felten Case Statement
To review ACM's declaration and other court filings, see the web page:
Felten Case Declaration
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President Bush Appoints Science and Technology Advisors
The President's Council of Advisors on Science and Technology (PCAST) was
formed in 1990 to enable the President to receive input from the private
sector and academic community on technology, scientific research
priorities, and math and science education. Earlier this year, President
Bush issued an executive order extending the charter of PITAC and
designating the Director of the White House Office of Science and
Technology Policy (OSTP), Dr. Jack Marburger, to co-chair the council
along with venture capitalist Floyd Kvamme. On December 12, the White
House announced the appointment of 22 individuals to serve on PCAST. The
council will be organized into four panels to address the policy areas of
infrastructure development, research funding, energy policy, and high-tech
counter-terrorism. According to the co-chairs, PCAST is likely to focus
on high-technology research, counter-terrorism and homeland infrastructure
development.
To review the list of individuals appointed to PCAST, see the web site:
PCAST Press Release
To read more about PCAST, see the OSTP web site:
PCAST Web Site
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Congress Passes Education Legislation that Funds Math and Science Partnerships
Congress and the White House have reached agreement on H.R. 1, the No
Child Left Behind Act, which provides $26.3 billion in Fiscal Year 2002
for assistance to elementary and secondary schools. The legislation
includes $450 million for the Math and Science Partnership Program that
awards grants for partnerships between states, local institutions, and
institutions of higher learning to offer summer and distant-education
workshops for math and science teachers, recruit math and science
teachers, and provide career development services for teachers.
To address the problem of teacher shortages, the legislation includes a
new $150 million effort called Troops-to-Teachers &
Transition-to-Teaching. The efforts assist former members of the armed
services in obtaining certification or licensing as an elementary,
secondary, vocational, or technical teacher. In addition to expanding the
pool of teachers across the country, the program also seeks to help
qualified mid-career professionals and recent college graduates make the
transition to teaching in high-need schools. The legislation also
replaces several smaller currently authorized technology programs with a
$1.0 billion Enhancing Education Through Technology Program.
For more information on H.R.1, see the web
site: H.R. 1
For an overview of the legislation's technology-related measures compiled
by the Business Software Alliance, see the web
site: H.R. 1 Overview
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New Cyber Security Legislation Introduced by the House Science Committee
The House Science Committee introduced and approved two new bills, H.R.
3400, the Networking and Information Technology Research Advancement Act
(NITRAA), and H.R. 3394, the Cyber Security Research and Development
Act. The bills are intended to address deficiencies in domestic computer
security. H.R. 3394 directs the National Science Foundation (NSF) to
create new cyber security research centers, undergraduate program grants,
and community college grants and fellowships. The legislation also
allows the National Institute of Standards and Technology (NIST) to create
new program grants for partnerships between academia and industry, new
post-docs, and a new program to encourage senior researchers in other
fields to work on computer security.
H.R. 3400, the Networking and Information Technology Research Advancement
Act (NITRAA), authorizes a significant increase in basic research in
information technology (IT) at six federal agencies. The bill amends the
1991 High Performance Computing Act that coordinated federal information
technology R&D. NITRAA will increase funding to $6.995 billion over five
years for the coordination of IT research at NSF, NASA, NIST, the
Department of Energy, the National Oceanic and Atmospheric Administration
(NOAA), and the Environmental Protection Agency (EPA). In addition, the
legislation updates and reauthorizes federal funded basic research in
information technology.
The legislative history of the bills note USACM testimony provided earlier
To review a recent article in Federal Computer Week discussing the
Legislation Introduced Addressing Cybercrime
H.R. 3482, the Cyber-Security Enhancement Act of 2001, recently introduced
"This legislation will promote cooperation between law enforcement
To review a copy of H.R. 3482, see the web site:
APPLICATION DEADLINE APPROACHING FOR AAAS PUBLIC POLICY OPPORTUNITIES
The application deadline for the AAAS Science and Technology Policy
The AAAS Congressional Fellowship Program began in 1973, with seven
For more information and application instructions, call (202)326-6700,
Contacting the ACM Public Policy Office
Should you have questions, comments, suggestions or recommendations regarding
this year calling for increased federal focus on long-term information
security research. To review the USACM testimony to the House Science
Committee provided by USACM Co-Chair and ACM Fellow Eugene H. Spafford,
see the web site:
legislation, see the web site:
Article
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in the U.S. House of Representatives would allow federal judges more
discretion in punishing a range of computer crimes. This legislation would
also grant a liability exemption to Internet service providers that
cooperate with law enforcement agencies. Further, the legislation
suggests that the U.S. Sentencing Commission amend its guidelines for
computer crimes by taking into account a wider range of criteria, which
include the level of sophistication of the attack, whether the crime was
committed for commercial or private financial gain, and whether the
offense involved an attack on government networks. Finally, The H.R. 3482
would establish an Office of Science and Technology at the Department of
Justice charged with coordinating the development and technical assistance
for new law enforcement technologies.
officials and the private sector, add resources to combat cybercrime and
cyber-terrorism and send the signal that if you engage in cybercrime or
cyber-terrorism, you will be punished," said House Judiciary Crime
Subcommittee Chairman Lamar Smith, R-Texas, who introduced the legislation
with House Science Committee Chairman Sherwood Boehlert, R-N.Y.
H.R. 3482
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Fellowship Programs is January 10, 2002. The programs, sponsored by the
American Association for the Advancement of Science, provide unique
one-year opportunities for scientists and engineers to contribute
scientific and technical information and external perspectives to federal
decision-making in Washington, DC, while learning how government works.
Selected Fellows serve either in the Congress or in one of a dozen
executive branch agencies.
Fellows, which has grown to about 1,300 this year. Currently there are
about 30 participating societies, with AAAS sponsoring two Fellows and 30
other societies each sponsoring one or more Congressional Fellows. In
addition, AAAS has established eight other programs in federal agencies,
which provide science policy learning experiences for another 50-plus
scientists and engineers. The AAAS programs place Fellows in a dozen
executive branch agencies, including the departments of state, justice,
defense, and agriculture. The AAAS fellowship programs often leads to
long-term careers in science policy or broaden the experience of Fellows
in currently existing career paths, while offering federal leadership with
valuable insight into technical areas.
e-mail science_policy@aaas.org, or see the web site at: Fellowship Information
.
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public policy issues or USACM activities, please contact the ACM Public Policy
Office located in Washington, DC, by e-mailing usacm_dc@acm.org or calling
(202)659-9711. The ACM Public Policy Office would also be pleased to assist
ACM members in contacting or meeting with their elected officials in Washington, DC.