ACM WASHINGTON UPDATE
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September 2002,
Volume 6.9
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USACM Signs Brief in Support of Reverse Engineering and Fair Use
PCAST Releases Draft Report on Science and Technology R&D Funding
USACM Sends Letter to Election Reform Conferees
USACM Submits Letter for Congressional Hearing Record on P2P Piracy Bill
US Government Extends Agreement with ICANN
White House Releases Draft Cybersecurity Strategy
Senate Conducts Hearing on Internet Child Friendly Space
New IT Compact Caucus Announced
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INTRODUCTION
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USACM recently joined a diverse coalition of individuals and groups in signing
Of particular interest to USACM, the brief argues that software reverse engine-
For the Bowers v. Baystate brief, see: Bowers v. Baystate Technologies
=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ The President's Council
of Advisors on Science and Technology (PCAST)
The report found that nearly 50% of the students receiving doctorates in =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ In light of the controversy surrounding the Florida Primary Election, the
During Congressional testimony before the House Committee on Science in
To see testimony offered by Rebecca Mercuri in 2001 before the House
To see the USACM letter sent in July, see: Letter
To see letter sent by Members of Congress in Support of SIGCHI, see: Letter
=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ On September 26, USACM submitted a letter
to the House Judiciary Committee
As introduced, H.R. 5211 would permit copyright holders to engage in "self-help"
While the recording and motion picture industries have welcomed the introduction
To review the testimony from the recent subcommittee hearing, see: hearing
=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ The Department of Commerce (DOC) extended for one year its Memorandum
To see the press release from DOC on the extension of the MOU,
To review the Memorandum of Understanding, see:MOU
To see the ACM’s Internet Governance web page, see: Internet Governance
=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ The President's Critical Infrastructure Protection Board released a draft
Feedback forms are available at the White House special Web site: Cybersecurity
To see the White House announcement, see: Announcement
To review the draft, see: Cyberstrategy Draft
=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ The Senate Commerce, Science and Transportation Committee’s Subcom-
In July, H.R. 3833, the House version of the legislation passed by a vote
For a look at H.R. 3833, see: House Bill
For a look at S. 2537, see: Senate Bill
=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ A new bi-partisan technology caucus was formed called the SMART Caucus,
To see the web site for the Smart Caucus, see: Smart States
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Should you have questions, comments, suggestions or recommendations regarding
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USACM Signs Brief in Support of Reverse Engineering and Fair Use
an Amici Curiae brief that was filed with the Federal Circuit Court of Appeals
supporting a rehearing of Bowers v. Baystate Technologies. In an earlier deci-
sion on the case, the panel ruled that the terms of a shrinkwrap license forbidd-
ing reverse engineering are enforceable and are unlimited by exceptions and
limitations to copyright law.
ering is critical to innovation. In addition, the brief concludes that the panel's
ruling undermines exceptions and limitations in copyright law, including the first
sale doctrine and fair use. The court is expected to rule on the rehearing motion
in the coming weeks.
PCAST Releases Draft Report on Science and Technology R&D Funding
contracted the RAND Corporation and the American Association for the
Advancement of Science (AAAS) to produce the draft report, “Assessing
the U.S. R&D Investment.” The report outlined concerns regarding the im-
balance between private sector investment and federal government funding
of Science and Technology R&D. The report states that 67% of total Science
and Technology R&D in the United States comes from private sector invest-
ment, while the Federal government’s contribution is only 30%.
Science and Engineering and nearly 30% of those earning Masters degrees
are from other nations. Recommendations made by the report include sup-
port for a dramatic increase in R&D funding over the next 5 fiscal years,
encouraging more foreign students to remain in the U.S. after their studies
are completed,and working to increase the number of Hispanic and African
Americans seeking degrees in key areas of math and science education.
USACM Sends Letter to Election Reform Conferees
USACM sent Letters
to the House/Senate Conference on H.R. 3295,
legislation to address voting in our nation. The USACM letter expressed
support for the Department of Commerce’s National Institute of Standards
and Technology (NIST) to lead efforts to coordinate the establishment of
consensus-based standards for the construction, testing and use of compu-
ter voting system technology based on the Common Criteria (CC).
2001, voting technology expert and USACM member Rebecca Mercuri re-
commended that NIST would be effective in bringing together election offi-
cials, the Federal Election Commission, private sector standards developers,
the scientific research community, and other special interest groups to work
in this area. NIST has performed research on voting technologies for 30 years,
including issuing reports in 1978 and 1988 detailing major problems with voting
technologies.
Committee on Science, see: Testimony
USACM Submits Letter for Congressional Hearing Record on P2P Piracy Bill
Subcommittee on Courts, the Internet, and Intellectual Property regarding their hear-
ing entitled "Piracy Of Intellectual Property On Peer-to-Peer Networks." The
USACM letter expressed the strong concerns of the computing community regard-
ing legislation under consideration by the subcommittee entitled The P2P Piracy
Prevention Act (H.R. 5211).
measures to thwart the sharing of digital files through P2P computer networks by
creating a "safe harbor" from existing anti-hacking laws. USACM cautioned law-
makers that the legislation legitimizes a variety of questionable acts that violate pro-
fessional and ethical standards of computing. USACM also outlined a number of
additional concerns with H.R. 5211, including its potential impact on the functioning
of the Internet, unintended collateral damage and costs to innocent Internet users,
and over-reaching affects on individuals who are not under the jurisdiction of U.S.
laws.
of H.R. 5211, P2P companies, Internet service providers, and consumer advocates
have joined USACM and the Computing Research Association in criticizing the
proposal.
US Government Extends Agreement with ICANN
of Understanding (MOU) with the Internet Corporation for Assigned Names
and Numbers (ICANN). The new MOU extends ICANN management of the
Internet DNS project for one year, ending September 30, 2003. The DOC
directs that ICANN perform a list of 11 activities in order to be in compliance
with the MOU, which include requirements to improve transparency, accounta-
bility based on ICANN by-laws, assessment of the root server system, and
provide a report on the status of meeting all of the conditions of the agreement.
see:Press Release
White House Releases Draft Cybersecurity Strategy
copy of the Administration’s National Strategy to Secure Cyberspace. The
private sector has until November 18th, to review the draft and provide com-
ment before the final version will be sent to the President for approval. To
facilitate the gathering of further comments from the public on the draft pro-
posal, the White House plans to conduct eight more town-hall style meetings
around the country.
Senate Conducts Hearing on Internet Child Friendly Space
mittee on Science, Technology and Space held a hearing this month to
receive testimony on the possible creation of a kids-only Internet domain.
The Hearing’s subject was related to legislation introduced by Senators
Byron Dorgan (D-ND) and John Ensign (R-NV) S 2537, Dot Kids Imple-
mentation and Efficiency Act. The bill would facilitate the creation of a
children only second level domain under the United States country code
domain.
of 406 to 2. Both bills would provide guidelines that service providers must
comply with in order to have access to the new name space. The bill would
create a review process to determine if the information provider has content
suitable for children ages 12 and under.
New IT Compact Caucus Announced
which will work to enhance the way the states of Pennsylvania, Maryland,
Delaware, and New Jersey compete for scarce Research and Development funds.
The caucus is committed to achieving formal recognition of their goals through
the passage of legislation that would establish a compact among the participating
states. An Interstate Compact lowers prescribed barriers created by local, state,
and federal laws to private and public efforts in specified areas of commerce.
Congress as well as each of the states must approve any legislative effort to
create an officially chartered Interstate Compact.
public policy issues or USACM activities, please contact the ACM Public
Policy
Office located in Washington, DC, by e-mailing usacm_dc@acm.org or calling
(202)478-6312. The ACM Public Policy Office would also be pleased to assist
ACM members in contacting or meeting with their elected officials in
Washington, DC.