ACM WASHINGTON UPDATE

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October 31, 2002, Volume 6.10
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USACM Sends Letter Recommending Amendments to the DMCA
Election Reform Legislation Enacted into Law
House Passes Bill Requiring Privacy Analysis of Regulations
Continuing Resolution Keeps Government Running Until Lame Duck Session
Procedural Move Blocks Senate Vote to Double NSF Funding
Senate Passes Legislation to Support Cyber-Security Research
European Union to Launch Research Framework for 2003 to 2006
TEACH ACT Legislation Becomes Law
Congress Examines Controls on Academic Research

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INTRODUCTION
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POLICY BRIEFS
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USACM Sends Letter Recommending Amendments to the DMCA

USACM recently sent a letter to Representatives Rick Boucher (D-VA) and John
Doolittle (R-CA) regarding H.R. 5544, the Digital Media Consumers’ Rights Act
of 2002. The legislation amends the Digital Millennium Copyright Act (DMCA) by
allowing consumers and researchers to access hardware and software products that
enable non-infringing uses of copy-protected work and permits the development of
circumvention technology. Of particular interest to USACM, technologists would not
be subject to DMCA penalties for conducting research or testing copyright protec-
tion systems, security software, or software engineering tools under H.R. 5544.

Earlier this year a delegation of USACM members and staff visited with U.S. House
and Senate offices to discuss concerns regarding the "chilling effect" of the DMCA
on research and education, as well as the mandating of technology standards to manage
digital rights as a means of enforcing copyrights.

The USACM delegation met with key staff for Senate Commerce Committee Chairman
Hollings (D-SC), Senator Feinstein (D-CA), Senator Boxer (D-CA), Representative
Boucher (D-VA), and Representative Eshoo (D-CA). In addition, USACM also met with
a representative of the U.S. Department of Commerce’s Technology Administration to
raise similar concerns.

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Election Reform Legislation Enacted into Law

The “Help America Vote Act of 2002” was signed by President Bush and became
law on October 29, 2002, after passage by overwhelming majorities in both the
House and Senate. The agreement designates that the Director of National Institute
of Standards (NIST) will lead the Technical Guidelines Development Committee in
efforts to develop voluntary standards for voting equipment and related technology.
Technical support from NIST could include intramural research and development in
areas for the support and development of voluntary voting system guidelines.

The legislation makes mention of a paper record with a manual audit capacity that
will allow each voter to have an opportunity to change or correct any error, but
does not specify when this record should be produced. USACM will continue to
follow the progress of the new law through its implementation.

The legislation authorizes nearly $3.9 billion in funding for Fiscal Year 2003, which
includes $850 million in grants to states and another $3 billion at the start of next year.
For funding to be made available under the new law it must be made through regular
appropriations legislation for the current fiscal year, which began on October 1, 2002
and will end September 30, 2003.

For a look at details of the Conference Report, see: Voting Conference

For a look at a recent letter sent by the USACM to Conferees on the
Voting Bill, see: Letter

For a look at the Presidents Statement upon signing the
legislation, see: Statement

To see testimony offered by USACM Member Rebecca Mercuri
in 2001 before the House Committee on Science, see: Testimony

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House Passes Bill Requiring Privacy Analysis of Regulations

This month the House passed by voice vote H.R. 4561, the Federal Agency Protection
of Privacy Act, which would require federal agencies to conduct privacy-impact studies
before issuing new regulations. The bill would look at how and why personal information
is being collected and shared by the federal government and make agencies outline protec-
tions against misuse of the data.

The bill’s sponsor--outgoing Representative Bob Barr (R-GA) who was defeated in this
year’s Georgia Primary Election--hopes to see the bill become law prior to adjournment
of the 107th Congress. The legislation’s Senate companion bill S. 2492, was introduced
by Senator Cleland (D-GA) and referred to the Senate Committee on Governmental
Affairs. The Senate version of the bill has not been marked up in Committee, which
may preclude full Senate consideration of the bill during this Congress.

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Continuing Resolution Keeps Government Running Until Lame Duck Session

The House and Senate passed a resolution to continue the functioning of the federal
government by extending funding to those agencies whose appropriations legislation has
not been signed into law. The continuing resolution has extended the functioning of the
Federal government at Fiscal Year 2002 levels until new appropriations legislation can
be approved for Fiscal Year 2003, which began on October 1, 2002.

Lawmakers will return after the November 5th Election for a “lame duck” session to
conclude their work for the 107th Congress. Tentatively, Congress is scheduled to
resume a week after the election. At that time, all legislation introduced during this
Congress will be on a clock for either enactment into law or expiration. However,
legislation not passed yet this Congress may receive new life through reintroduction in
the 108th Congress scheduled to begin in January 2003.

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Procedural Move Blocks Senate Vote to Double NSF Funding

The Senate delayed passage of H.R. 4664, Investing in America’s Future Act,
which authorizes the doubling of funding for the National Science Foundation’s
(NSF) over the next three years. While the bill was scheduled for consideration
prior to the Senate’s recess, action was delayed when a Senator placed an an-
onymous hold on the bill due to budget concerns.

The House passed the measure June 5 by a margin of 397-25. It authorizes 15
percent funding increases for NSF each year from Fiscal Year 2003 through
Fiscal Year 2005, including $5.5 billion for the agency next year, an increase
of $719 million from Fiscal Year 2002. The legislation places funding for basic
research on par with funding increases to the National Institutes of Health, which
has benefited from increases in appropriations in recent years.

Funding for the NSF is included in the appropriations bill for the Departments
of Veterans Affairs, Housing and Urban Development, and related agencies.

Before departing, the Senate approved H.R. 2733 to authorize the National
Institute of Standards and Technology (NIST) to work with manufacturing
industries to develop and employ standards for information exchanges aimed
at ensuring a seamless flow of information along the supply chain.

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Senate Passes Legislation to Support Cyber-Security Research

The Senate recently passed H.R. 3394, the Cyber Security Research and
Development Act. The bill would substantially increase the authorization
levels for cyber-security research. House and Senate staffers negotiated a
compromise resulting in a reduction in the authorization from $978 million
to $903 million over 5 years. The most significant difference between the
House bill and the Senate amendment to it was the addition of a $25 million
program to increase the number of faculty qualified to teach college-level
cyber-security courses.

The bills reached consensus on authorizing grants through the National
Science Foundation and the National Institute of Standards and Technology
(NIST) to improve cyber-security research mandating a report to Congress
on critical infrastructure weaknesses and requiring the White House Office
of Science and Technology Policy to develop strategies for greater coordina-
tion of research and development activities.

The House is expected to approve the Senate amended version of the legisl-
ation when it returns from the lame duck session in mid November clearing
the bill for the President’s signature.

To review USACM Testimony on Cyber Security Research, see: Testimony

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European Union to Launch Research Framework for 2003 to 2006

The European Union will launch its sixth research framework program at the
European Research 2002 conference to be held November 11-13 in Brussels.
The EU's Framework Programme for Research and Technological Develop-
ment 2003 to 2006 involves approximately $17 billion, as part of the EU goal
of raising average research spending by the body's 15 nations to 3 percent of
European gross domestic product. According to EU officials, the new frame-
work will depart from past programs that aimed primarily at funding research
projects by shifting the focus to integrating research in Europe. The framework
targets promising research in information technology, nanotechnology, biotech-
nology and life sciences. The framework is another step in the EU's efforts to
create an European Research Area, a research and innovation equivalent of the
EU's "common market" for goods and services.

For more information about the EU's efforts to create an European Research
Area, see:Research

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TEACH ACT Legislation Becomes Law

The Technology, Education and Copyright Harmonization Act, or TEACH Act,
was included in the recently passed Department of Justice Reauthorization legisl-
ation. It was signed into law on November 2, 2002, putting its copyright provisions
into immediate effect. The new law completely revises Section 110(2) of the U.S.
Copyright Act by permitting educators to use copyrighted works in digital formats
in education programs that use distance education components.

The TEACH Act expands routine copyright exemptions allowed in a face-to-face
teaching environment to distance learning experiences. This change in copyright
law will allow teachers and faculty to use copyrighted works in the “digital class-
room,” without prior permission from the copyright holder. Many education and
library groups have welcomed the passage of the Act.

To review an analysis of the TEACH ACT, see:Anaysis

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Congress Examines Controls on Academic Research

On October 10, the House Committee on Science held a hearing entitled
"Conducting Research During the War on Terrorism: Balancing Openness
and Security". Current academic research policy states that to the greatest
extent possible, fundamental research results should remain unrestricted,
and that the appropriate mechanism for controlling access to the results of
federally funded research is the classification process. In the wake of the
September 11 terrorist attacks, the Bush Administration has begun to re-
examine federal policies that govern access to academic research. Earlier
this year, the Department of Defense considered a policy change to allow
greater government control over access to research, including the pre-publi-
cation review of research results. The change has been delayed due to heavy
opposition from the science community. Other issues reportedly under con-
sideration include the tracking of foreign students and background checks on
students studying sensitive fields of research. Members of the Science Com-
mittee expressed an interest in working with the science community and the
Administration in maintaining a balance between openness and security as
polices are updated.

To review Science Committee hearing testimony, see the web site:Testimony

To review a recent statement by the Presidents of the National Academies,
see: Statement

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For Earlier Editions of the ACM Washington Update. Should you have questions,
comments, suggestions or recommendations regarding 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)478-6312.
The ACM Public Policy Office would also be pleased to assist ACM members
in contacting or meeting with their elected officials in
Washington, DC.

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