ACM WASHINGTON UPDATE
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August 2002, Volume
6.8
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USACM and CRA Reply to Columnist Regarding DMCA
UK Considering Copyright Law Similar to the DMCA
Justice Department Seeks Cyber Alert Support
Cyber Corps Grant Funding Increased
Senator McCain Introduces Broadband Bill
Congressman Mike Thompson Introduces PC recycling Bill
Open Source Advocates Seek New California Law
107th Congress To Make Final Legislative Push
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INTRODUCTION
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In an article titled "Debunking DMCA Myths" on the News.com website,
Both ACM and CRA filed declarations in support of Princeton University
To review the DMCA column, see Column
To review the CRA and USACM response, see Response
To review the ACM declaration and USACM activities related =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
The United Kingdom is considering a new copyright law in an effort to
To review the UK proposal
To review the USACM's DMCA related actives, USACM on the DMCA
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This month the Justice Department’s National Infrastructure Protection Center
AWS is the focal point for information made freely available by the private sector
For a look at NIPC’s website, see: NIPC
For a look at the request, see: Request
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The emergency supplemental appropriations bill recently signed into law
About $8 million of the additional funds will allow NSF to expand the program
The NSF estimates that the additional funding will allow the program to extend
For a look at the Emergency Supplemental Appropriations legislation, see:
For a look at the National Science Foundation announcement for the
For a look at Eugene Spafford's USACM testimony to the House Committee =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
Senator John McCain (R-AZ), ranking member of the Senate Committee on
The goal of S. 2863 is to accomplish uniform regulation of broadband service
For a look at Senator McCain’s statement on S2863, see: Statement
For a copy of S2863, see:
S. 2863
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Congressman Mike Thompson (D-CA) introduced H.R. 5158, the Computer
Along with similar measures introduced in California and Minnesota, the legis-
In related news, the EPA announced in May of this year that it would change
For a look at H.R. 5158, see:
H.R. 5158
For a look at Congressman Thompson’s web site, see:
Rep. Thompson
For a look at recent articles on IT recycling, see:
Articles on IT Recycling
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Open source advocates are seeking sponsors of state legislation titled the
The bill, which currently has no state legislative sponsorship, was unveiled at
Internationally, similar legislative efforts are taking place in the country of Peru,
For a look at the draft legislation, see: Draft
For a look at articles on open source, see: Articles
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The first priority of the returning Members of the House and Senate will be
In the event Congressional action is not complete by the beginning of the new
Because this is an election year, the Congress will be under pressure to recess as
For the status of Appropriation’s Legislation, see:
Legislation Status
For House Committee on Appropriations, see:
House Appropriations
For the Senate Committee on Appropriations, see:
Senate Appropriations =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
Should you have questions, comments, suggestions or recommendations regarding
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USACM and CRA Reply to Columnist Regarding the DMCA
noted technology policy beat writer Declan McCullagh suggested that
computer science researchers may be overstating the potential negative
effects of the 1998 Digital Millennium Copyright Act. While agreeing that
the law is "egregious," "a brazen power grab by Hollywood, the music
industry and software companies," and "probably unconstitutional,"
McCullagh suggests that researchers have little to be concerned about.
McCullagh also quotes a spokesperson for the Association for American
Publishers (AAP) in dismissing the threat of lawsuit against researchers.
Last year, the AAP applauded the Department of Justice's criminal
enforcement of the DMCA against a Russian computer scientist.
Professor Edward Felten's legal challenge to the DMCA seeking to educate
the court regarding the law's "chilling effect" on research, analysis and
publication. The case was eventually dismissed without the court ruling
on the issues of concern to the computing community. Professor Felten,
CRA Government Affairs Co-Chair Edward Lazowska, and USACM
Co-Chair Barbara Simons jointly responded to McCullagh's column in
a letter, also appearing on the News.com website, noting that the DMCA's
chilling effect on research cannot be described by the probability of a
researcher's conviction on charges alone. "It is disruptive to the progress
of research when scientists must first consult with attorneys to determine if
previously legitimate research might be in violation of the DMCA," concludes
the joint CRA and USACM response.
to the DMCA, see USACM on the DMCA
UK Considering Copyright Law Similar to the DMCA
implement the requirements of the European Copyright Directive (2001/29/EC).
Similar to U.S. Digital Millennium Copyright Act, the UK proposal makes it
illegal to sell, rent or import technologies designed to circumvent copyright
protections, with limited exceptions. Certain breaches of the proposal would
be treated as criminal offenses in additional to civil offenses. Critics of the
proposal argue that its implementation would damage civil society's existing
rights to "fair-dealing", exemptions to copyright that have traditionally existed
under UK law. Privacy advocates are also concerned with provisions of the
proposal that makes it illegal to remove digital marks in copy protected content,
enabling copyright owners to track their content over electronic networks.
Public comments on implementation of the proposal are being accepted by the
UK Patent Office until October 31, 2002.
Justice Department Seeks Cyber Alert Support
(NIPC) issued a Request for Quotation (RFQ# 075050) in search of a con-
tractor to provide support to its Analysis and Warning Section (AWS). The
successful bidder for this contract will assist the center in the identification and
prediction of security threats and trends; analysis and assessment of threat
information; development of historical incident data; and distribution of pertinent
information to its partners and the general public.
and cyber incident reports made by non-defense related public agencies. This
information is used in producing reports on cyber-incidents, ensuring appropriate
investigative follow-up, and issuing alerts when the need arises.
Cyber Corps Grant Funding Increased
by President Bush includes an additional $19.3 million for the government's
Scholarship for Service program raising the total appropriation for the pro-
gram to over $30 million in Fiscal Year 2002. The program, administered by
the National Science Foundation (NSF), provides scholarships to undergraduate
and graduate students studying information assurance in exchange for two years
of government service in the federal Cyber Corps, once they complete their
studies.
to four new schools. The new schools will be selected from a list of those that
submitted proposals, but were not chosen during the initial selection process.
The remaining funds will be used to help the 11 schools already involved in the
scholarship program by increasing the number of students that can participate.
from slightly over 100 participants to 200-300 students who will graduate and
begin federal government service within the next two to three years.
Supplemental
grant program, see: NSF Cyber Grant Program
on Science regarding the role of university research in enhancing the security
of our Nation's information infrastructure, see: Testimony
Senator McCain Introduces Broadband Bill
Commerce, Science and Transportation, recently introduced S. 2863, the
"Consumer Broadband Deregulation Act of 2002." The bill would amend the
Telecommunications Act of 1934 by restricting or severely curtailing federal,
state, and local broadband service regulation. The legislation establishes a
Commission that would have two years to evaluate whether state regulation
of broadband service quality is necessary. If the Commission’s findings support
state regulation of broadband service quality then Federal conforming regulations
will be developed to fill this need.
throughout the United States. The bill does not create any obligations on the
part of consumer broadband service providers to give Internet service providers
access to their facilities or services. The bill has a sunset provision, which makes
it expire after five years, should S. 2863 become law.
Congressman Mike Thompson Introduces PC Recycling Bill
Hazardous Waste Infrastructure Program Act. The bill would establish a re-
cycling grant program administered by the Environmental Protection Agency
(EPA). To fund the program, the bill assess a fee, not to exceed $10, to the
purchase price of IT products that are to be recycled.
lation may provide impetuous to private efforts to address this issue. Current
private efforts include the National Electronics Product Stewardship Initiative
working to coordinate an IT technology recycling agreement among govern-
ments, manufacturers and environmentalists. In addition, NEC announced its
plans to market what it describes as an “environmentally friendly” business
computer.
the classification of cathode-ray tubes, which include computer monitors, from
waste to reusable products. Should the change occur, the new definitions would
block the discarding of old monitors as refuse and create a market for recycling
them by companies that salvage industrial materials.
Open Source Advocates Seek New California Law
"Digital Software Security Act." The proposal would require State of California
agencies to buy software only from companies that do not place restrictions on
use or access to source code. The bill would also allow for the copying and re-
distribution of software.
the LinuxWorld Conference and Expo held in San Francisco this month.
This is the latest effort in the growing debate around the broad adoption of
open source software, which may expand as state and local governments
work to remedy budget shortfalls.
which recently began discussions on limiting that nation’s software acquisitions
to open source formats.
107th Congress To Make Final Legislative Push
the budget. The Congress has a Constitutional responsibility to produce the
budget for the next fiscal year, which begins on October 1, 2002 and will run
through September 30, 2003. Only three of the appropriations measures have
passed both chambers and are now in conference, where their differences will
be reconciled. The bills now in conference fund the Defense, Legislative Branch,
and Military Construction budgets for Fiscal Year 2003.
fiscal year, the Congress can extend the deadline for addressing funding legisl-
ation by the passage of a Continuing Resolution (CR). In previous Congresses, one
or more CRs have been approved and signed by the President to allow the federal
government’s continued operation on a temporally basis while Congress works to
produce a new budget.
soon as possible to allow members to return to their districts to campaign, which
could result in a “lame duck” session after the November election.
Committee
Committee
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.