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ACM WASHINGTON UPDATE

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February 28, 2003, Volume 7.2
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USACM Adds Signature to Electronic Voting Resolution

USACM Signs Brief in Support of Access to Facts

New Panels to Oversee Department of Homeland Security

Omnibus Appropriations Legislation for FY 2003 Signed into Law

USACM Executive Committee Discusses Policy Activities

108th Congress to Consider Technology Legislation

President Bush Signs Cyber Security Plan

Plan for Terrorist Threat Information Sharing Center Proposed

Pentagon Creates Boards to Oversee TIA Project

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INTRODUCTION
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POLICY BRIEFS
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USACM Adds Signature to Electronic Voting Resolution

 

USACM recently endorsed a statement supporting the inclusion of a voter

verified audit trail capacity in direct recording electronic (DRE) voting mach-

ines used to facilitate local, state, and national elections. Spearheaded by

USACM member David Dill, the resolution recognizes that the voter verified

audit presents the best opportunity for accuracy in the tabulation of election

results.  The resolution is consistent with USACM efforts to educate members

of Congress, local elected officials, and the media regarding the vulnerabilities

of certain computer technologies when applied to electronic voting.  In addition,

USACM recently sent a letter to Santa Clara County officials recommending

that a voter-verified audit trail be one of the essential requirements for certifica-

tion of new voting systems.

 

In related news, the 2003 Fiscal Year Appropriations Legislation signed into

law by President Bush on February 20 provides $1.5 Billion to assist states

in updating to e-voting technology.  The National Institute of Standards and

Technology was funded $500,000 for its advisory capacity in the develop-

ment of voluntary standards for e-voting systems.

 

To review the Election Reform Legislation, see:

http://www.acm.org/usacm/Legislation/ElectionReformConference.pdf

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USACM Signs Brief in Support of Access to Facts

 

USACM recently joined a diverse collection of library, higher-education, and

computing groups in submitting an amicus brief with the Supreme Court in

Dastar v. Twentieth Century Fox.  The brief explains to the court the potential

damaging impact of reversing the Constitutionally based policy of leaving facts

in the public domain where there can be incorporated into new works.  Of part-

icular concern to the research and education community, an earlier ruling by the

Ninth Circuit Court regarding Section 43(a) of the Lanham Act could impact

the Supreme Court’s 1991 decision in Feist v. Rural Telephone.  In that land-

mark case, the Supreme Court interpreted the U.S. Constitution as prohibiting

copyright protection for the facts contained in a database.

 

To review a 1998 database letter signed by USACM and other leading scientific

societies, see:

http://www.acm.org/usacm/IP/presidents-letter-998.html

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New Panels to Oversee Department of Homeland Security

 

Congress continues reorganization to address the creation of the new Depart-

ment of Homeland Security.  The House Committee on Appropriations created

a new Subcommittee on Homeland Security led by Chairman Harold Rogers

(R-KT), and Ranking Member Martin Olav Sabo (D-MN).  In addition, the

House assigned 42 members to a new Committee on Homeland Security.

 

The Senate Committee on Appropriations will create a new Subcommittee to

have oversight for the Department of Homeland Security, the Transportation

Security Administration, the Coast Guard, and a host of smaller agencies.

This reorganization by the Senate Committee on Appropriations would keep

the total number of subcommittees to 13.

 

To review the House Committee on Appropriations’ Subcommittees, see:

http://www.house.gov/appropriations/sub.htm

 

To review the Senate Subcommittee on Appropriations, see:

http://appropriations.senate.gov/

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Omnibus Appropriations Legislation for FY 2003 Signed into Law

 

On February 20, 2003, the President signed into law H.J. Res. 2, the “Consol-

idated Appropriations Resolution, 2003.” This bill provides spending to federal

government agencies for the balance of Fiscal Year 2003. 

 

This appropriations legislation funds a number of computing, math, science and

engineering initiatives.  The National Science Foundation received a 13% increase

for the work of the Computer and Information Sciences and Engineering Directorate.

The National Institute of Standards and Technology received $359,411,000 to fund

the research activities of its labs under the Scientific and Technical Research and

Services portion of its budget. 

 

The law also funds a number of rural distance learning and telemedicine programs

including $56,941,000 for a rural Distance Learning and Telemedicine Program,

$300,000,000 for distance learning initiatives, $80,000,000 for a program to pro-

mote telemedicine, and $42,813,000 in grants for translators to facilitate broad-

cast digital signals to support distance learning and telemedicine. Finally, $10,000,000

in grant funds is provided to support for broadband and transmission of local dial-

up Internet services for rural communities. 

 

To encourage the study of math and science in K-12 education, the math and

science partnership program at the Department of Education will receive $101

million, up from the $12.5 million proposed by the Bush administration last year.

 

To review H.J. Res 2, continuing appropriations for the fiscal year 2003, see:

http://thomas.loc.gov/cgi-bin/bdquery/z?d108:h.j.res.00002:

 

To review the House Committee on Appropriations’ Summary of the Bill, see:

http://www.house.gov/appropriations/news/108_1/04omnibus.htm

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USACM Executive Committee Meets to Discuss Policy Activities

 

On February 9, members of the USACM Executive Committee met in

Washington, D.C., with ACM leadership, staff and other participants to

review 2002 activities and discuss policy objectives for 2003.

 

USACM achievements for 2002 included testifying before Congress regard-

ing the importance of cyber security research and development and the need to

remove legal impediments to research such as the Digital Millennium Copyright

Act (DMCA).  In addition, USACM had a demonstrated impact in helping

policymakers to develop a deeper understanding of the technical issues associ-

ated with electronic voting and the Pentagon’s Total Information Awareness

project.   Finally, USACM crafted numerous statements and signed several

legal briefs on issues of importance to ACM and the computing community in

areas including intellectual property, cyber security, privacy, and Internet Gover-

nance.

 

USACM is expected to be active in a variety of policy matters as policymakers

consider legislation to provide relief from conflicts to research presented by the

DMCA, establish minimum technology security standards for government agen-

cies, and to create new restrictions on the access to the results of fundamental

research.  The ACM Public Policy Office is working with USACM to formulate

a comprehensive public policy agenda to address these and other emerging poli-

cy issues.

 

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108th Congress to Consider Technology Legislation

 

During the 108th Congress, which began in January, Members of the House

and the Senate have introduced a number of bills relating to cyber security,

digital piracy, identity-theft protections, spam limits, broadband expansion,

Internet gambling and copyright protection.

 

With three bills introduced regarding nanotechnology there appears to be strong

legislative interest in this area.  The nanotechnology bills include the Nanoscience

and Nanotechnology Advisory Board Act of 2003, the Nanotechnology Research

and Development Act of 2003, and the 21st Century Nanotechnology Research

and Development Act are now in the House and Senate.

 

USACM will continue to monitor the introduction of IT related legislation for the

108th Congress.  For a List of key IT Legislation and links, see:

http://www.acm.org/usacm/Legislation/TechLeg108th.htm

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President Bush Signs Cyber Security Plan

 

The cyber security plan signed this month by President Bush will give the task

of implementing the National Strategy to Secure Cyberspace to the Depart-

ment of Homeland Security.  The plan has five priorities: planning and resource

allocation; information sharing and indications and warnings; personnel surety,

building human capital, and awareness; technology and research & develop-

ment; and modeling, simulation and analysis.

 

The plan’s goal is to secure the national information infrastructure and rein-

force the security of the global information infrastructure.  The plan calls for a

coordinated international effort industry, Academia, and government will work

together to address problems, identity threats, and provide workable solutions

to secure cyberspace. 

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Plan for Terrorist Threat Information Sharing Center Proposed

 

This spring the Bush administration plans to set up a central facility for the

analysis of terrorism-related data collected by different agencies through-

out the federal government. The proposed centralized facility called the

Terrorist Threat Integration Center would incorporate staff and systems

from the Departments of Defense and Homeland Security, the FBI,

and the CIA.

 

The new center may resolve problems with cross-agency information

sharing cited as contributing factors in intelligence failures leading to the

September 11, 2001, terrorist attacks. CIA Director George Tenet will

appoint a top government official to lead the center and report directly to

him.  The FBI and CIA components will continue to report to their respect-

tive organizations.

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Pentagon Creates Boards to Oversee TIA Project

               

The Department of Defense has announced the creation of two boards to

provide oversight of the Total Information Awareness Project (TIA).  The

two boards, an internal oversight board and an outside advisory committee,

will work with the Defense Advanced Research Projects Agency (DARPA),

as it continues its research. According to Pentagon officials, the boards will

monitor TIA’s development and dissemination of products to ensure they are

consistent with U.S. law and American values related to privacy.

 

The internal oversight board will oversee and monitor the manner in which

terrorist tracking tools are transitioned for real world use. The outside advisory

board will be convened as a federal advisory committee and will comply with

all the legal and regulatory requirements for such bodies. The committee will

advise the Secretary of Defense on the range of policy and legal issues that

are raised by the development and potential application of advanced techn-

ology.

 

In January, USACM sent a letter to Congress recommending a rigorous

independent review of the TIA program is being developed by the Depart-

ment of Defense as part of an effort to counter terrorism. USACM raised

concerns with the serious security, privacy, economic, and personal risks

associated with the program.  Finally, USACM suggested a thorough exami-

nation of the technical feasibility and practical reality of the entire program.

 

Congress recently adopted an amendment to the FY2003 omnibus appro-

priations bill that makes future Pentagon spending on the program condi-

tional upon a full explanation of the data-mining plan and assessment of its

impact on civil liberties. The amendment also prevents deployment of the

surveillance program until it receives congressional approval, except for

national security reasons. The omnibus appropriations bill was recently

enacted into law with the TIA amendment.

 

To review the USACM letter regarding TIA, see:

http://www.acm.org/usacm/Letters/tia_final.html

 

To review the Pentagon’s announcement of the oversight boards, see:

http://www.dod.gov/news/Feb2003/b02072003_bt060-03.html

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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 usacm_dc@acm.org
or calling 202-478-6312.


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