March 14, 2002

 

The Honorable Patrick J. Leahy

Chairman

Senate Committee on the Judiciary

SD-224 Dirksen Senate Office Building

Washington, D.C.  20510

 

Dear Chairman Leahy:

 

As the Co-Chairs of the U.S. Public Policy Committee of the Association for Computing Machinery (USACM), we would like to take this opportunity to comment on the March 14, 2002, full committee hearing entitled, "Competition, Innovation, and Public Policy in the Digital Age: Is the Marketplace Working to Protect Digital Creative Works?"

 

We continue to be concerned that attempts to protect content by requiring manufacturers to include copyright-protection technologies in products will have far-reaching and damaging effects.  Those effects may serve to interfere with our freedom to innovate, weaken our educational systems, and impede our technological dominance.  We also agree with the Intel Corporation and others that interjecting government as regulators or gatekeepers of new technologies will politicize the standard-setting process, retard innovation, and reduce the usefulness of IT products for consumers.  IT products designed for the U.S. market with mandated limitations would likely be inferior in price and performance to others produced elsewhere in the world that do not have similar requirements.  Further restrictions on technological innovation will harm our overall economic growth.

 

In addition to working with the entertainment and IT industries, we urge Congress to work with consumers and researchers to preserve the legitimate use of copyright protected content.  Entertainment is only one, relatively minor use (compared to all uses) of networks and computing technology.  Robust, ubiquitous IT products and devices are used everyday for conducting a variety of lawful research and education purposes.  Mandating technology for managing digital rights unfairly limits the legitimate expectations of consumers and researchers.  Of further concern, any such restrictions on technology will result in significant reductions in computer security research and protection at a time when our nation attempts to enhance the safety of our infrastructure and prevent acts of terrorism.  Rather than constraining or outlawing technology, there needs to be more efforts made in enforcement of current laws, in education of consumers, and in deriving new models for e-commerce.  Legislating constraints on technology to aid the entertainment industry has the potential to cause widespread and severe damage to society at large.

 

USACM includes computing researchers and information technology professionals from academia, industry, and government.  We are pleased to offer our technical expertise to assist policy-makers and would welcome the opportunity to testify as your committee considers legislation intended to protect digital content.  Please contact Jeff Grove, Director of the ACM Public Policy Office at (202) 659-9711, if we can provide additional information.

 

Sincerely,

 

Barbara Simons, Ph.D.

Eugene H. Spafford, Ph.D.

 

Co-Chairs

U.S. ACM Public Policy Committee (USACM)

Association for Computing Machinery

 

Cc: Members of the Senate Committee on Judiciary