FARNET's Washington Update 8/29/97

[Jeff Ogden]

FYI
  -Jeff

>Date: Fri, 29 Aug 1997 18:01:36 -0400
>To: legup@farnet.org
>From: Garret Sern <garret@farnet.org>
>Subject: Washington Update 8/29/97
>
>FARNET'S WASHINGTON UPDATE --- AUGUST 29, 1997
>
>IN THIS ISSUE:
>
>DIGITAL FUTURE COALITION HOLDS FORUM ON INTELLECTUAL PROPERTY ISSUES
IN THE
>DIGITAL AGE
>
>CONGRESS RETURNS
FROM
VACATION
TO
FULL
AGENDA
OF
TELECOM
ISSUES
>____________________________________________________________________________
>
>DIGITAL FUTURE COALITION HOLDS FORUM ON INTELLECTUAL PROPERTY ISSUES
IN THE
>DIGITAL AGE
>
>August 25 - The Digital Future Coalition (DFC) held a policy forum
this
>past Monday centering on intellectual property issues in cyberspace.
 Of
>particular concern to the DFC and the education/library
constituencies is
>ensuring that the balance between copyright/intellectual property
>protection and fair use provisions designed to facilitate
educational
>access to information is maintained in the rapidly evolving digital
age.
>The previous week, the DFC released a statement calling on Congress
to
>implement "balanced legislation" when ratifying the World
Intellectual
>Property Organization (WIPO) Copyright Treaty the United States
agreed to
>last December.  (see http://www.ari.net/dfc/docs/stwip.htm ) While
>believing that the WIPO agreement provides a balance between
copyright
>owners and information consumers, the DFC feels current United
States
>domestic law does not.
>
>The DFC has chosen to frame its arguments under several issues,
including
>distance learning and temporary reproductions (ie. downloading
images via
>the Internet).  While the U.S. Copyright Act of 1976 has supported
>"distance learning" in the traditional, non-digital context (ie.
>television)within a defined classroom setting, it does not include
>provisions for computer use and distribution of works via the
Internet.
>Some fear that universities and libraries providing on-line services
will
>be held liable if copyrighted works are copied and distributed by
students
>and faculty. Whether the potential for lawsuits could dissuade
universities
>from installing Internet capability is an issue of concern. At the
same
>token, adopting a licensing fee-scheme proposed by content-providers
could
>provide budgetary problems for universities and libraries.  Either
way,
>universities and libraries that wish to provide Internet services
could
>face tremendous costs for which they may be unprepared.  Considering
higher
>education is ineligible to directly benefit from the universal
service
>fund, their best option is joining a consortia and receiving reduced
>infrastructure costs. (Legislation introduced in the House may
resolve this
>dilemma. Assuming that universities and libraries are to be
classified as
>on-line service providers, H.R.2180 (On-Line Copyright Liability
Limitation
>Act) would exempt them from legal liability if students (their
customers)
>transferred or copied copyrighted material without copyright owner
consent.)
>
>The DFC forum and previously released statement critique current
U.S.
>Copyright legislation and recommend that the Copyright Act be
amended to
>reflect the digital age and ensure the balance fought for in WIPO. 
Current
>legislation being offered by Congress (each nation must ratify the
WIPO
>treaty in their respective national legislature) has been critiqued
by the
>DFC and others as not adequately addressing the issues of fair use,
>distance learning, and digital preservation, all of which directly
affect
>the education/research sector. With pressure from the information
industry
>demanding strong copyright protection, it will be difficult for
groups such
>as the DFC to convince Congress that such a "balance" will not
impede the
>commercial expansion of the Internet. With support from the chair of
the
>full Judiciary Committee, Rep. Henry Hyde (R-IL), and subcommittee
chair of
>Courts and Intellectual Property, Rep. Howard Coble (R-NC), it is
most
>likely this bill will pass Congress with only a few minor changes.
>
>CONGRESS RETURNS FROM VACATION TO FULL AGENDA OF TELECOM ISSUES
>
>Congress will reconvene this Tuesday to a full schedule which will
include
>telecommunication issues left over from the previous session.
>Appropriation bills still need to be completed.  Of particular
interest to
>the education/research sector is whether the Next Generation
Internet (NGI)
>will receive most of the $100 million requested by President
Clinton.
>Currently, the House and Senate have been inconsistent in
appropriating
>funds for the project. (see chart:
>http://www.farnet.org/updates/NGI-Funding.htm )  The final tally
won't be
>available until all the Conference Committees are appointed and the
House
>and Senate can resolve their different versions.  FARNET expects to
have
>more information and an updated chart available by late next week.
>
>There is also the anticipated encryption showdown between the
>"pro-commerce" Security and Freedom Through Encryption Act (H.R.695)
and
>"pro-national security" The Secure Public Networks Act (S.909).  The
Senate
>Judiciary's Technology, Terrorism and Government Information
subcommittee
>will hold yet another hearing on this issue next week, while the
House
>Select Intelligence Committee follows suit.  Whether this issue will
ever
>get resolved, albeit temporarily, is anyone's guess.
>
>Sometime in the near future, Senator John McCain (R-AZ)has promised
to hold
>hearings as to why the Telecommunications Act of 1996 has not
produced the
>increased competition and lower costs as promised.  And while the
Chair of
>the Senate Commerce, Science and Transportation Committee is at it,
he may
>convene the long-awaited hearing on possible friction between the
Act and
>pre-emption of state law.
>
>These three issues alone - not to forget Internet copyright,
Internet
>commerce taxation, and the ongoing wait for the universal service
fund
>application process to begin - will guarantee the final few weeks of
this
>year's Congress will
not
be
dull
as
far
as
telecommunications
policy
is
>concerned.
>
>____________________________________________________________________________
>_____________________________
>
>Written from FARNET's Washington office, "FARNET's Washington
Update" is a
>service to FARNET members and other interested subscribers.  We
gratefully
>acknowledge EDUCOM's NTTF and the Coalition for Networked
Information (CNI)
>for additional support.  If you would like more information about
the
>Update or would like to offer comments or suggestions, please
contact
>Garret Sern at garret@farnet.org.
>
>
>
>
>
>