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ACM WASHINGTON UPDATE

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August 31, 2003 Vol. 7.8

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USACM Prepares FY2003 Report of Activities and Achievements

UCITA Effort Losing Momentum

California Senate Investigating Uses of RFID Technology

Funding for IT Advances in Congress

Call for Nominations for Annual National Medal of Technology

Texas Anti-Spam Bill Becomes Law

California Supreme Court Rules Against Programmer in Trade Secrets Case

USACM Participates in Public Policy Activities at SIGGRAPH 2003

 

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USACM Prepares FY2003 Report of Activities and Achievements

 

USACM recently prepared a report covering activities and achievements for the fiscal year beginning on July 1, 2002, and concluding on June 31, 2003.   During the period, USACM achievements included testifying before a Congressionally mandated review panel regarding the Digital Millennium Copyright Act's (DMCA) impact on computer security research and providing state policymakers and influential policy organizations with information about the problems with shrink-wrap licenses as proposed in the Uniform Computer Information Transactions Act (UCITA).  In addition, USACM had a demonstrated impact in helping policymakers to develop a deeper understanding of the technical issues and risks associated with electronic voting and the Pentagon's Terrorism Information Awareness project.   Finally, USACM crafted numerous statements and signed legal briefs on issues of importance to ACM and the computing community such as intellectual property, reverse engineering, and cyber security.

 

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UCITA Effort Losing Momentum

 

The Uniform Computer Information Transactions Act (UCITA) is a proposed uniform state law creating new rules to cover online transactions involving computer software, multimedia products, data, and other similar products. The National Conference of Commissioners on Uniform State Laws (NCCUSL) said this month that it will no longer push for UCITA's adoption by state legislatures.  NCCUSL's change in policy follows similar statements by the American Bar Association (ABA) and the American Law Institute.  Without backing by the influential NCCUSL or ABA, UCITA is unlikely to gain further consideration from the states.  To date, Virginia and Maryland are the only states that have enacted the controversial state law.

 

Over the last five years, USACM has worked to educate state policymakers, ABA, NCCUSL, and the public regarding the dangers of UCITA.  USACM and a diverse coalition of libraries, higher-ed institutions, consumer advocates, and businesses consider UCITA to be a threat to the professionalism of software engineering, the safety of the public, and the quality of software products. In particular, USACM is concerned UCITA permits vendors to ban users from comparing software or publicizing information about insecure products, to prohibit reverse engineering, and to allow vendors to remotely disable software products under certain circumstances.  

 

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California Senate Investigating Uses of RFID Technology

 

The California Senate Committee on Energy, Utilities and Communications’ Subcommittee on New Technology, Chaired by State Senator Debra Bowen, recently held a hearing on the expanded use of radio frequency identification (RFID) technology.  RFID is an automatic identification system that utilizes portable tags to transmit location and other data. The increased popularity of RFID technology has come as a direct result of technical advancements in miniaturization and lower cost accrued through economies of scale.   

 

RFID technology is extremely attractive to manufactures, wholesalers and retailers as a cost effect means of monitoring small and large items at each step in the supply chain--from factory floor to the wholesale or retail sale of a product.  The attractiveness of this technology rests on the hope that it would greatly reduce, if not eliminate, the tens of millions in losses incurred each year due to theft and inventory errors. 

 

However, privacy and consumer groups have concerns about the threat posed to privacy by the widespread use of RFID technology in consumer products.  Some of these groups are aggressively working to encourage government regulation of RFID technology prior to its broad adoption.

 

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Funding for IT Advances in Congress

 

The House and Senate have finished their work on appropriations’ legislation for Defense, Homeland Security, Legislative, and Military Construction.  The Defense and Homeland Security Appropriations held large increases for information technology initiatives.  Most of the new funding for IT has gone to new programs to enhance domestic security and military capability.  Overall, the federal research and development funding for fiscal year 2004 (FY 2004) has increased primarily due to additional support for IT areas funded by Defense and Homeland Security appropriations.

 

According to an American Association for the Advancement of Science’s analysis of the FY 2004 federal R&D budget, the House Appropriations for the National Science Foundation would see a 6.2 percent increase or $329 million over FY 2003.  The FY 2004 Department of Commerce’s (DOC) R&D programs face a budget cut of $268 million and the elimination of the Advanced Technology Program (ATP).

 

Certain members of Congress have expressed concerns over the elimination of ATP and related funding.  They suggest that without additional funding going to the National Institute of Science and Technology (NIST), undue stress may be placed on the agency’s ability to meet congressionally mandated program responsibilities in conducting intramural research for the development of standards and criteria.  NIST receives its funding under DOC appropriations.

 

When the Congress returns from their annual August break, they will work to complete the remaining nine appropriations bills by the end of the current federal fiscal year on September 30, 2003.

 

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Call for Nominations for Annual National Medal of Technology

 

Secretary of Commerce Don Evans announced the start of the nominations process to select candidates for the 2004 National Medal of Technology, a prestigious acknowledgement of scientific achievement conferred by the President of the United States.  October 30, 2003, is the deadline for submitting 2004 nominations for this important award.

 

Since 1985 the award has gone to individuals, teams, or companies for accomplishments in the innovation, development, commercialization, and management of technology, that lead to new or significantly improved products, processes, or services.

 

Questions regarding the 2004 Medal application should be addressed to Mildred Porter, Director, National Medal of Technology, U.S. Department of Commerce, 1401 Constitution Avenue, N.W., Room 4226, Washington, D.C. 20230, Tel: 202-482-5572, or by e-mail: nmt2004@ta.doc.gov.  Nominations for the award may be submitted by e-mail.  Nomination forms and guidelines are available on the National Medal of Technology web site.

 

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Texas Anti-Spam Bill Becomes Law

 

This month Texas joined a number of states who have recently passed new anti-SPAM legislation.   The Texas law that takes effect on September 1, 2003, would make illegal the use of misleading subject lines or unlabeled obscene material.  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. 

 

To review a list of current Federal SPAM bills, see:

http://www.acm.org/usacm/Issues/SPAM.htm

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California Supreme Court Rules Against Programmer in Trade Secrets Case

 

The Supreme Court of California has ruled that the First Amendment right to free speech of a computer programmer did not mean trade secrets could be published on the Internet with impunity.  In the case, a corporate consortium known as the DVD Copy Control Association contended that a programmer named Andrew Bunner violated its trade secrets rights by posting software (DeCSS) that decrypts DVDs on the Internet despite the fact that the software was widely available and had been posted online by hundreds of other individuals.  As part of the ruling, the Court ordered the case back to the appeals court for careful scrutiny of the trade secrets issues.

 

In July of 2002, USACM joined the Computer and Communications Industry Association and a group of intellectual property professors in submitting a brief in the case that contended the reverse engineering of mass-marketed products is a lawful way to acquire a trade secret and that repudiated the notion that an anti-reverse engineering clause in a mass-market license can override the right to reverse engineer. In its interest statement attached to the brief, USACM argued that reverse engineering is critical for systems interoperability and facilitates the research and testing of information processing systems, and the development of programs that impede the spread of viruses and other kinds of malicious software. Finally, the USACM interest statement concludes that restrictions on reverse engineering would have serious stifling consequences for software engineers, the computing community, and the overall security of the information infrastructure and electronic commerce.

 

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USACM Participates in Public Policy Activities at SIGGRAPH 2003

 

The SIGGRAPH Public Policy Program held two successful events at the recent 2003 conference in San Diego. Over 100 individuals attended a course on intellectual property and digital rights management presented by law professor Dan Burk and USACM Co-Chair Barbara Simons.  A *Birds of a Feather* session was held immediately after the course. Course presenters Burk and Simons participated and fielded even more questions from an engaged audience. Also in attendance was ACM CEO John White, who gave a brief description of the intellectual property and business issues associated with the ACM’s Digital Library.

 

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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.