USACM
September 29, 1998
Representative Thomas J. Bliley, Jr.
Chairman
House Commerce Committee
2125 Rayburn House Office Building
Washington D.C. 20515
Dear Chairman Bliley:
I am writing to urge you to carefully consider the effects of
certain provisions in H.R. 2281 on science during the conference
committee negotiations this week.
The US Public Policy Committee of the Association for Computing
Machinery and a number of other scientific societies have expressed
grave concerns about the database and the anti-circumvention
provisions of the Bill. We are particularly concerned that:
- The anti-circumvention provision criminalizes critical
techniques that are needed for computer and network security and
for legitimate research and teaching purposes. Additionally, the
legislation would outlaw devices and technologies that are crucial
for making information processing systems trustworthy and secure.
By attempting to regulate technologies rather than undesirable
infringing behavior, progress of research in computer security,
including cryptography, could be significantly hindered. The
legislation prohibits and criminalizes behavior which could be in
the public interest. We urge you to consider the research and
publication process that is necessary to the advancement of
science in any amendment meant to address security testing.
- The database section will have a chilling effect on the US
science research enterprise. Sensible legislative proposals should
promote the "Progress of Science and the Useful Arts" by allowing
exemptions for public-good uses in libraries, universities and
laboratories. They should not establish generic perpetual
protection for data while eliminating the "fair use" upon which
the research community is heavily dependent. The fair use
provisions in the bill fall far short of the exemptions necessary
to permit researchers to verify others' results, educators to
demonstrate models in classrooms, scientists to make use of
government databases, and other traditionally protected uses. Such
"full and open" use of data is indispensable to effective and
accurate research.
The proposed legislation fails to recognize the legitimate needs
of academic, professional, scientific, and ordinary users of data. We
hope you will take these concerns into account during the upcoming
negotiations.
The Association for Computing Machinery is an international
professional society whose 80,000 members (60,000 in the US)
represent a critical mass of computer scientists in education,
industry, and government. The USACM provides a means for promoting
dialogue on technology policy issues with United States policy makers
and the general public. Please contact Lauren Gelman at (202)452-1478
if you have any questions.
Sincerely,
Dr. Charles N. Brownstein
Chair
US Public Policy Committee
Association for Computing Machinery