____________________________________________________________ +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ ACM WASHINGTON UPDATE U.S. Office of Public Policy of the Association for Computing __________________________________________ +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ November 14, 1997 Volume 1.7 _____________________________________________________ +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ CONTENTS =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ INTRODUCTION USACM ACTIVITIES USACM Signs Amicus Brief in Cryptography Case Leading US Science Groups Protest Crypto Restrictions USACM Meets With Congressional Staff USACM To Sponsor ACM Policy 98 Conference POLICY BRIEFS Congress To Re-Think U.S. Science Policy New Net Decency Bill Introduced in Senate Copyright Legislation Introduced NRC Solicits Comments on Information Literacy Proposed Database Protection Legislation National Research Investment Act of 1998 Introduced Digital Signatures Discussed in Congressional Committees Federal Involvement Seen as Crucial to Science Education Reform President's Commission Releases Infowar Report. Nominations and New Appointments __________________________________________________________ +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ INTRODUCTION =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ The Association for Computing is an international professional society whose 75,000 members (60,000 in the U.S.) 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. The WASHINGTON UPDATE will report on activities in Washington which may be of interest to those in the computing and information policy communities and will highlight USACM's involvement in many of these issues. 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. Back issues are available at http:/www.acm.org/usacm For information about joining the Association for Computing, see: http://www.acm.org/membership/join.html _________________________________________________________ +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ ACM POLICY 98 CONFERENCE =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ ACM POLICY '98 "Shaping Policy in the Information Age" May 10-12, 1998 Washington Renaissance Hotel Washington, DC + Electronic Commerce + Intellectual Property + Learning Online + Universal Service Sponsored by USACM in cooperation with SIGCAS, SIGGRAPH, and SIGCHI. For Conference and Registration information see: http://www.acm.org/usacm/events/policy98/ _________________________________________________________ +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ USACM ACTIVITIES =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ USACM SIGNS AMICUS BRIEF IN CRYPTOGRAPHY CASE USACM has joined 14 other groups and three distinguished computer security experts and cryptographers to sign a brief on encryption submitted to the 9th Circuit Court of Appeals in the Bernstein v. State Department case. The case challenges the constitutionality of export controls of encryption. In a lower court decision issued in August, Judge Marilyn Patel ruled that source code is protected by the First Amendment. http://www.acm.org/usacm/crypto/bernstein_brief.html LEADING U.S. SCIENCE GROUPS PROTEST CRYPTO RESTRICTIONS On September, 24 the leading U.S. scientific, mathematics, and engineering societies sent a united message to Congress protesting proposed U.S. cryptography policies that would maintain export restrictions limiting the open exchange of scientific information and the progress of scientific research and development. In addition, these organizations warned that new requirements for domestic key recovery raise serious scientific and technical problems that undermine its viability as a policy alternative. In a letter to the House Commerce Committee, the societies indicated that the policies will "diminish the scientific reputation of the United States and weaken us economically." This is the first time these highly influential societies have united to inform Congress how cryptography policies will effect the future of scientific research and development in the U. S. Until now, the debate has focused on commercial, civil liberties, and national security/ law enforcement interests. The letter urges the Committee to reject restrictive proposals or " U.S. leadership in many areas of science and technology is likely to be jeopardized with no discernible benefits to our National Interests." http://www.acm.org/usacm/crypto/societies_crypto_letter_1997.html USACM MEETS WITH CONGRESSIONAL STAFF On October 9 and 10, USACM Chairperson Barbara Simons met with staffers from Sen. Boxer, Sen. Feinstein, Sen. Kerry, Rep. Eshoo, and Rep. Campbell's offices to discuss U.S. cryptography policy. Simons discussed both California Resolution SJR29 which sets forth the Legislature's vigorous disagreement with the Administration's crypto export policy and the letter from the scientific societies. http://www.acm.org/usacm/crypto/usacm_cal_resolution.html USACM TO SPONSOR ACM POLICY 98 CONFERENCE USACM is sponsoring the ACM Policy '98 Conference to be held May 10-12 in Washington DC. The purpose of the conference is to increase the influence of computer professionals in shaping the future of computing by establishing a discourse between computer professionals and policy makers. ACM proposes to exert leadership in this area through USACM and SIGCAS by bringing together relevant audiences from academia, government, industry, and journalism. Leading experts in the field will be invited to discuss, debate, and develop policies to manage the impact of these technologies to produce outcomes beneficial to society. The co-chairs of the conference are Ben Shneiderman, USACM and C. Dianne Martin, SIGCAS and the conference is being held in cooperation with SIGCAS, SIGGRAPH, and SIGCHI. The conference will feature discussions on Universal Access, Electronic Commerce, Intellectual Property, and Learning Online. The panel coordinators are USACM members David Farber, Jim Horning, Pam Samuelson, and Chuck Brownstein. http://www.acm.org/usacm/events/policy98/ __________________________________________________________ =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ POLICY BRIEFS =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ CONGRESS TO RETHINK U.S. SCIENCE POLICY On Oct. 23, Congressman Vern Ehlers (R-Mich), Vice Chairman of the House Science Committee, began an effort to redefinine U.S. Science Policy for the next century. The project was initiated by Rep. Newt Gingrich, who requested that the House Science Committee develop a new, post-Cold War, paradigm for national science policy. Ehlers convened a meeting of distinguished policy experts including the Presidents of the National Academies of Science and Engineering; the President, Vice-President, Chairman, plus a Senior Fellow from the Council on Competitiveness; leaders of the Sandia and Lawrence Berkeley National Laboratories; the retired President of Hewlett Packard Corporation; and the President of MIT. This project offers novel opportunities for scientists and science policy makers to be involved in the creation of a new paradigm for US science policy. Vice Chairman Ehlers has set up a web site that will provide information on this year-long effort and where he will solicit comments on developing the new policy outline. First, he is planning to post a mission/challenge statement and then will begin fashioning a draft science policy statement. Beginning in the early summer 1998, he will hold hearings on the statement. Subsequently, he will submit the final science policy document and it will hopefully be adopted as a concurrent resolution of the Congress. http://www.house.gov/science/science_policy_study.htm =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ NEW NET DECENCY BILL INTRODUCED IN SENATE Senator Dan Coates (R-IN) introduced S. 1482 on November 8. The bill criminalizes commercial distribution of materials "harmful to minors" on the Internet. Under the statute, commercial online distributors of material deemed "harmful to minors" could be punished with up to six months in jail and a $50,000 fine unless they have developed age verification or credit card processing systems. This is a second iteration of the Communications Decency Act which the Supreme Court held unconstitutional this past summer. http://thomas.loc.gov/cgi-bin/query/z?c105:S.1482.IS: =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ COPYRIGHT LEGISLATION INTRODUCED Sen. John Ashcroft (Mi.) has introduced Digital Copyright Clarification and Technology Education Act of 1997, S. 1145, a comprehensive bill that provides implementing legislation for the WIPO Copyright Treaty passed last year. The bill contains three separate titles covering, OSP/ISP Liability, Technology for Teachers and Librarians, and WIPO Implementation. The OSP/ISP Liability section would clarify that merely providing network services and facilities for transmitting an electronic communication will not result in liability under the Copyright Act; confirm that providing a site-linking aid, a navigational aid (including a search engine or browser), or the tools for creating a site-linking aid will not result in liability under the Copyright Act; clarify that Internet and on-line service providers will not be liable for third-party copyright infringement unless they have received notice and have a reasonable opportunity to limit the third-party infringement; and confirm that an employee of an educational institution, library, or archives will not be deemed to have received notice and thus will not be required to "take down" an allegedly infringing work if she believed the use was a fair use or otherwise lawful. The WIPO Implementation title implements provisions of two international copyright treaties adopted by the World Intellectual Property Organization. The WIPO treaties oblige signatory nations to offer legal protection against circumvention of technology intended to protect copyrighted material against infringement, but do not require the broad prohibition of software or devices that might be used by infringers. Section 1201 would only create liability for a person who--for purposes of infringing a copyrighted work--knowingly circumvents the application of an effective anti-copying measure used to protect a work in a digital format. Section 1202 would create liability for a person who knowingly provides false copyright management information or who removes or alters copyright management information without the authority of the copyright owner. http://thomas.loc.gov/cgi-bin/query/z?c105:S.1146: =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ NRC SOLICITS COMMENTS ON INFORMATION LITERACY The Computer Science and Telecommunications Board (CSTB) of the National Research Council is undertaking a project "to explicate the various dimensions of what might be called information technology (IT) literacy, i.e., what everyone needs to know about information technology. A major part of the project's task is to develop a consensus for the appropriate definitions of "everyone", "know", and "information technology"." The committee responsible for this project is chaired by Larry Snyder, professor of computer science and engineering at the University of Washington. Because the subject of IT literacy is subject to many differing opinions, the committee has developed a number of questions for which it hopes to generate a broad response. Sets of questions have been developed for computer and communications scientists and engineers, employers and labor professionals, librarians, K-12 educators, and other groups. The committee invites you to submit your answers to these questions in the form of a short position paper. For more information, see http://www2.nas.edu/cstbweb/549a.html =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ PROPOSED DATABASE PROTECTION LEGISLATION Chairman Coble has introduced H.R. 2652, the Collections of Information Antipiracy Act. This database bill is designed as a misappropriation bill, not a sui generis protection bill which had previously been proposed. In other words, it in theory does not create a property right in the database; it simply prohibits the unfair use of the data one has collected. As this bill is drafted, however, there is little to distinguish it from a sui generis protection bill. Historically, the misappropriation approach in the U.S. is based on the Supreme Court's holding that the state common law of misappropriation was not preempted by the copyright law when it covered *hot news.* This doctrine was explained in the recent NBA v. Motorola case, where the Court listed five conditions for misappropriation not to be preempted. However, H.R. 2652 appears far broader than the traditional misappropriation doctrine. Significantly, traditional misappropriation is limited to time sensitive information, while H.R. 2652 applies to all information. Also, the definitions in the statute are extremely vague. The bill contains several exceptions and exclusions, but they appear limited. Finally, H.R. 2652 contains civil and criminal penalties ($500,000 penalty and 10 years in jail). H.R. 2652 expressly does not extend to computer programs, but this exclusion "does not apply to a collection of information directly or indirectly incorporated in a computer program." There are numerous interpretations to that language. For example, would a command structure be viewed as a collection of information incorporated in a program? Or, what about a look-up table for translation purposes? One could argue that the phrase "collection of information ... incorporated in a computer program" refers to information related to the application rather the functioning of the program itself. For example, in a program designed to determine structural stress, the engineering constants in the program would be protected, while the interface specifications would not. This interpretation, however, is not clear from the face of the statute. http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2652: =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ NATIONAL RESEARCH INVESTMENT ACT OF 1998 INTRODUCED On November 7, Sens. Lieberman (D-Conn.) and Gramm (R-Texas) introduced S. 1305, the National Research Investment Act of 1998. The Act is designed to reverse a downward trend in the federal government's allocation to science and engineering research by authorizing the doubling of federal research spending over the next ten years. According to Sen. Lieberman, "...Publicly funded science has shown to be surprisingly important to the innovation system. A new study prepared for the National Science Foundation found that 73 percent of the main science papers cited by American industrial patents in two recent years were based on domestic and foreign research financed by governments or nonprofit agencies." He continued, "Yet, despite the demonstrated importance of publicly funded scientific research, the amount spent on science and engineering by the Federal Government is declining. Senator Gramm has already noted that in 1965, 5.7 percent of the Federal budget was spent on non defense research and development. Thirty-two years later, that figure has dropped by two-thirds to 1.9 percent." On November 12, S. 1305, was discussed at a conference in Washington. A member of Senator Gramm's staff indicated that passage of S. 1305 is "going to be very difficult." That is why the Bill supports a ten yearperiod during which federal spending on R&D will continue to grow until it is doubled in 2008. S. 1305 differs from Gramm's previous bill because of its bipartisan support. Having both a Democratic and a Republican original cosponsors will help to reassure other senators. Also participating in this session were speakers from the AAAS and the Office of Management and Budget. AAAS recently calculated that total federal R&D for FY 1998 increased 3.9% over last year. Basic research support increased by 4.0% (both figures subject to change as remaining appropriations bill are passed.) The OMB official predicted that previously forecasted dramatic cuts in federal support for R&D seem unlikely, as is a doubling of future federal support. =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ DIGITAL SIGNATURES DISCUSSED IN CONGRESSIONAL COMMITTEES The Senate Banking and House Science Committee held hearings on October 28 on digital signatures. The witnesses at the hearings recommended that any bill proposed be limited in its scope. They argued that since many companies are using digital signatures for different reasons, it would be premature for Congress to pass far- reaching legislation. Andrew Pincus from the Commerce Department noted "it seems unlikely that the market will settle on one universal authentication mechanism." Senator Robert Bennett (R-UT) announced that he is planning to introduce legislation early next year. =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ FEDERAL INVOLVEMENT SEEN AS CRUCIAL TO SCIENCE EDUCATION REFORM Efforts are being made to improve U.S. K-12 science and math education. An October 29 House Science Committee hearing reviewed the federal role in improving science education and asked the question: is the federal government coordinating its many programs for maximum effectiveness? Committee Vice Chair Vern Ehlers (R-MI), who has run this series of hearings, blamed the lack of a national consensus for the current "fragmented, mile-wide and inch-deep science and math curricula" that students face. He believes the federal government should play a role in correcting this trend. At an October 8 hearing in the same series, three experts in the field of science education were invited to discuss the lessons learned from TIMMS, the Third International Mathematics and Science Study which analyzed international achievement in math and science at several grade levels. The TIMMS results showed that US fourth-graders performed above the international average in math and were second only to South Korea in science. But by eighth grade, US students performed only slightly above the international average in science and below the average in math. This drop in achievement from fourth to eighth grade, said TIMMS National Research Coordinator William Schmidt, demonstrated that "US students don't start out behind the rest of the world, but fall behind during the middle school years." All three witnesses attributed this failing of US math and science education to the lack of a national consensus on what should be taught at each grade. =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ PRESIDENT'S COMMISSION RELEASES INFOWAR REPORT The President's Commission on Critical Infrastructure Protection released its final report on November 5. The report recommends increased spending for computer security and training and warns that currently, most major U.S. infrastructures which depentd on computer systems are unprotected. In a controversial section, it recommended that key escrow/recovery systems be adopted. The report was heavily criticized by industry representatives in hearings before the House and Senate. USACM member Peter Neumann testified about the report before the House Science Committee on November 6, 1997 criticizing numerous findings of the Commision.. The President's Commission on Critical Infrastructure Protection was established in July 1996 to examine both physical and electronic cyber threats to eight key U.S. infrastructures (energy, telecommunications, banking and finance, transportation, gas and oil storage, water supply systems, government services and emergency service). The Commission will develop a comprehensive national strategy for infrastructure assurance. The full report is available at http://www.pccip.gov =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ NOMINATIONS AND NEW APPOINTMENTS The President's National Security Telecommunications Advisory Committee was established under Executive Order 12382 to provide the President with technical information and advice on national security telecommunications policy. The committee is composed of no more than 30 members who have particular knowledge and expertise in the field of telecommunications and who represent elements of the Nation's telecommunications industry. The President appointed Mr. Charles R. Lee and Mr. Van B. Honeycutt to the Committee. The Advisory Committee on High Performance Computing and Communications, Information Technology, and The Next Generation Internet will provide valuable guidance and advice on all areas of high performance computing, communications, and information technologies to the President, the Office of Science and Technology Policy, and the Federal agencies involved in the Computing, Information, and Communications R & D, including the Next Generation Internet Initiative. They will also provide valuable guidance on the Administration's efforts to accelerate development and adoption of Information technologies that will be vital for American prosperity in the 21st century. The President announced his intent to appoint Mr. David W. Dorman, Dr. Joe F. Thompson, Dr. Irving Wladawsky-Berger, and Dr. John P. Miller to the Committee. President Clinton announced his intent to appoint Dr. Jeffrey Jaffe, Mayor Sharon Sayles Belton, Norman Mineta, and Joseph Holmes as Members to the Advisory Committee to the President's Commission on Critical Infrastructure Protection. The Advisory Committee, which is made up of infrastructure industry executives and private-sector leaders will advise and support the President's Commission on Critical Infrastructure Protection. ________________________________________________________________________ =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= Washington Update is a biweekly publication of the U.S. Public Policy Office of the Association for Computing http://www.acm.org/usacm 666 Pennsylvania Ave., SE, Suite 302B, Washington, DC 20003. 202/298-0842 (tel), 202/547-5482 (fax). ________________________________________________________________________