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ACM WASHINGTON UPDATE

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July 31, 2003, Vol. 7.7

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USACM Sponsors E-Voting Workshop

USACM Joins Others in Outlining Consensus SPAM Policies

ACM Internet Governance Committee White Paper Now Available

USACM Co-Chair Makes Cyber Security Recommendations to Congress

USACM Co-Chair Participates in Review of Pentagon’s Internet Voting Project

Federal Court Rules in Favor of Bloggers and “Fair Use”

New European Agency to Focus on Info Security

House and Senate Take August Recess

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INTRODUCTION
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POLICY BRIEFS
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USACM Sponsors E-Voting Workshop

 

On July 28-29, 2003, USACM sponsored a Voter-Verifiable Election Systems workshop in Denver, Colorado.  Held at same time and location as the International Association of Clerks, Recorders, Election Officials, and Treasurers’ (IACREOT) Annual Conference, the USACM workshop provided an opportunity for technologists as well as state and local election officials to review and discuss the vulnerabilities of selected e-voting systems. The IACREOT was formed to provide a forum for the free exchange of information, resulting in improved election standards for serving the public.

 

USACM has been active in working to improve e-voting technology and educating policymakers regarding the importance of requiring a voter verifiable audit trail in electronic or computerized voting systems.  In addition, individual members of USACM have played a leading role in educating national, state, and local public policymakers and election officials regarding the limitations of current e-voting technology. 

 

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USACM Joins Others in Outlining Consensus SPAM Policies

 

Recently, USACM joined a broad coalition of groups in endorsing a SPAM policy letter sent to members of Congress.  Coordinated by the Electronic Privacy Information Center, the letter suggests a policy framework focused on six key areas for effectively addressing the problems associated with unsolicited bulk e-mail: a clear definition of SPAM, established opt-in rules, explicit legal rights of users, an environment that encourages technical solutions, support of international cooperation, and no preemption of state laws. In addition, the letter expressed a need to address the use of false and deceptive headers and the accuracy of subject lines in communicating e-mail content and purpose. 

 

The correspondence was sent in anticipation that Congress will consider a SPAM bill at some point in the coming year.  To date, ten bills have been introduced in both the House and Senate, each offering federal legislative remedies to address the problem of unsolicited bulk e-mail, known as SPAM.  The SPAM bills take differing approaches, which range from tighter rules on the form and format of unsolicited bulk e-mail to the application of civil and criminal penalties for those found to be in violation.

 

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ACM Internet Governance Committee White Paper Now Available

 

An ACM Internet Governance Committee (IGC) white paper entitled "Internet Governance: A View from the Trenches, Participation Needed for Successful Advocacy in the ICANN Arena" is now available on-line for viewing.  Funding for the report was provided by a grant from the Ford Foundation's Media, Arts and Culture unit. Although the report was prepared earlier this year by IGC project director Kathryn Kleiman (in consultation with USACM and others), permission to make the report available on-line was only recently received.  Ms. Kleiman's tenure as IGC project director has since expired and she has returned to private practice.

 

The white paper discusses the history, structure, and scope of the Internet Corporation for Assigning Names and Numbers (ICANN).  Of particular concern to the international computing community, the paper focuses on the ability of ICANN to create private rules and regulations that impact free speech and robust use of the Internet by noncommercial communities and individuals.   Finally, the paper identifies barriers to participation in ICANN and outlines several ways in which the noncommercial community could improve its involvement and influence within the ICANN process.

 

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USACM Co-Chair Makes Cyber Security Recommendations to Congress

 

On July 24, 2003, USACM Co-Chair Dr. Eugene Spafford offered testimony before the House Armed Services Committee’s Subcommittee on Terrorism, Unconventional Threats and Capabilities.  The subcommittee’s hearing focused on the Department of Defense’s information assurance policy, an assessment of immediate and potential cyber threats, gathering information on defense mechanisms currently in place to counter cyber threats, and to learn more about private industry efforts to address cyber security.  The question and answer phase that followed the witnesses’ opening statements focused on a number of areas, including the strengths and weaknesses posed by the homogeneous verses heterogeneous information technology environment and the use of open source and proprietary software.

 

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USACM Co-Chair Participates in Review of Pentagon’s Internet Voting Project

 

USACM Co-Chair Barbara Simons participated in a security review of the Department of Defense’s (DOD) Secure Electronic Registration and Voting Experiment (SERVE).  SERVE will conduct a live Internet voting experiment during the 2004 Primary and Presidential Elections in participating counties located in 10 states.  The experiment will offer voter registration and voting via the Internet to U.S. military personnel and citizens living abroad who have access to a  computer equipped with Windows 95, 98, ME, 2000, NT or XP and Internet.   Although SERVE is an experiment, all participants’ votes will be counted in both the primary and general elections.

 

The SERVE voting experiment was first conducted in the 2000 Presidential Election with a reported participation of 84 voters.  It is estimated that 100,000 voters living abroad will participate in the 2004 Internet voting project.  If this phase of the experiment is deemed a success by the Pentagon, the program could be expanded to include as many as 6 million voters. 

 

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Federal Court Rules in Favor of Bloggers and “Fair Use”

 

Two recent decisions issued by the Ninth Circuit Court of Appeals are of interest to web publishers and the computing community.  In the case of Kelly vs. Arriba Soft, the court found that the display of miniature images, also known as thumbnails, used in searchable databases was allowed under the “fair use” provisions of copyright law.  However, this ruling does not extend to the use of full sized images that are registered under federal copyright.  The court’s decision allows the case to proceed to trial to determine the rights of copyright owners in controlling online access to full sized digital representations of their work. 

 

In another recent ruling, Batzel v. Cremer, the court affirmed the First Amendment rights of Weblog publishers by extending to them protection from liability for the posted statements of others.  The case involved a Weblog publisher who posted material generated by a third party.   The ruling is consistent with prior Federal court decisions, which found that commercial vendors could not be held liable for information posted by a third party.  The opinion states, “There is no reason inherent in the technological features of cyberspace why First Amendment and defamation law should apply differently than in the brick and mortar world.”

   

There are thirteen Circuit Courts of Appeal in the U.S., of which the Ninth U.S. Circuit Court has the largest case load and serves the states and territory of Montana, Nevada, Oregon, Washington, Hawaii and Guam.

 

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New European Agency to Focus on Info Security

 

The European Commission (EC) has approved a resolution to create new European Network and Information Security Agency (NISA) to assist businesses and governments in Europe to defend themselves against viruses, hackers, and other emerging cyber security threats. Other duties of the new agency will include facilitation of security standardization, coordination of cross-border cooperation on network and information security and raising public awareness of cyber security issues throughout the region.  In creating the new agency, the European Commission noted the proliferation of broadband and wireless technologies, the rapid spread of computer viruses and the lack of coordination amongst member countries as the need for the agency.

 

The European Parliament is expected to approve the EC resolution in the coming months allowing NISA to become operational by January 1, 2004.  While every member country of the European Union will be represented within the agency, a decision on the physical location has not been announced.

 

To review a statement by the Business Software Alliance on NISA, see:

http://global.bsa.org/eupolicy/networksecurity/BSACommentsonENISA.pdf

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House and Senate Adjourns for Summer Recess

 

At the close of July, Congress took its annual summer recess for the month of August. The House and Senate will return to Washington, DC, after Labor Day in preparation for the last legislative push prior to the end of the first session of the 108th Congress.  Legislative priorities once the Congress reconvenes will likely include appropriations legislation.

 

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For earlier editions of the ACM Washington Update, see: http://www.acm.org/usacm/update/. 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.  Should you wish to stop receiving ACM Washington Update or have questions, comments, or suggestions regarding public policy issues or USACM activities, please contact the ACM Public Policy Office located in Washington, DC, by e-mail at usacm_dc@acm.org or calling 202-659-9711.