The [Educause/FARNET] Washington Update 7-24-98

[Jeff Ogden]

>From: Garret Sern <gsern@educause.edu>
>To: "'legup@farnet.org'" <legup@farnet.org>
>Subject: The Washiington Update 7-24-98
>Date: Fri, 24 Jul 1998 18:09:07 -0600
>MIME-Version: 1.0
>Sender: owner-legup@farnet.org
>Precedence: bulk
>
>EDUCAUSE: Transforming Education Through Information Technologies
>
>THE WASHINGTON UPDATE --- July 24, 1998
>
>IN THIS ISSUE:
>
>CONTENT INDUSTRY & EDUCATION/LIBRARY COMMUNITY REACH SHORT-TERM
>COMPROMISE ON COPYRIGHT LEGISLATION
>
>SENATORS ATTACH CONTROVERSIAL INTERNET LEGISLATION TO APPROPRIATIONS
>BILL
>
>IS THE END OF THE E-RATE NEAR? NEW PROPOSAL WOULD AWARD BLOCK GRANTS TO
>STATES
>
>________________________________________________________________________
>____________________________
>
>CONTENT INDUSTRY & EDUCATION/LIBRARY COMMUNITY REACH SHORT-TERM
>COMPROMISE ON COPYRIGHT LEGISLATION
>
>By a vote of 41-0 the House Commerce Committee overwhelmingly approved
>legislation last week that will implement U.S. compliance with the World
>Intellectual Property Organization's international copyright treaty.
>(http://www.wipo.org/eng/diplconf/distrib/94dc.htm) After a final
>legislative package is determined by the House Commerce and Judiciary
>committee staffs, the "Digital Millenium Copyright Act of
>1998"(H.R.2281) will move to the House floor for a vote.  This past May,
>the Senate approved the treaty by a 99-0 vote. (See FARNET's Washington
>Update (5/19/98):
>http://www.farnet.org/contents/update/1998/19980519.html#0)
>
>Rep. Scott Klug (R-WI) offered a compromise amendment designed to
>address concerns of the education and library communities that fair use
>rights would be eroded in the digital realm. Similar to other amendments
>approved by the committee, the Klug amendment focuses on circumvention
>of the technological protection measures that are designed to control
>access to copyrighted material. A main concern of the education and
>library communities is that the information highway will become a "pay
>as you go toll road", with publishers requiring payment every time one
>wishes to access on-line material. In turn, content providers worry that
>allowing unrestricted access to copyrighted material on-line will
>facilitate unauthorized distribution, cutting into profit margins and
>creators' incentive to produce future works.
>
>Specifically, the Klug amendment prohibits any person from circumventing
>a technological protection measure starting two years from the date this
>bill becomes law.  After this initial two-year period, the Secretary of
>Commerce is directed to conduct a rulemaking whether current or future
>technological protection measures adversely impact traditional fair use
>of copyrighted material. The amendment provides the Secretary with the
>power to waive any rules prohibiting circumvention of a technological
>protection measure if they determine that users' lawful access to
>copyrighted material is adversely affected.  In an attempt to ensure
>that a balance is maintained between these separate needs, the Klug
>amendment further requires the Secretary of Commerce, in consultation
>with the Commissioner of Patents and Trademarks and Register of
>Copyrights, to conduct a rulemaking on this issue every two years.
>
>
>SENATORS ATTACH CONTROVERSIAL INTERNET LEGISLATION TO APPROPRIATIONS
>BILL
>
>To the dismay of civil liberties groups, two senators have attached to
>an appropriations bill controversial legislation involving Internet
>filtering software and minors' access to "harmful" Internet material.
>
>The first piece of legislation
>(S.1619: http://thomas.loc.gov/cgi-bin/query/z?c105:S.1619:) ,
>introduced by Sen. John McCain (R-AZ), would require all schools and
>libraries that receive e-rate funding to install filtering software on
>all computers used by students. The second,(S.1482:
>http://thomas.loc.gov/cgi-bin/query/z?c105:S.1482:), offered by Sen. Dan
>Coats (R-IN), requires that Internet web providers restrict minors'
>access to any Internet content deemed "harmful to minors".
>
>Both bills were offered as amendments to the appropriations bill for the
>Commerce, Justice, and State departments during a period when most of
>the senators were not present to vote.  Both were accepted with no
>debate. (This tactic is often used often to get controversial
>legislation passed.) Yesterday, the Senate passed the entire
>appropriations bill -- with the Coats and McCain amendments attached --
>by a 99-0 vote.
>
>McCain's filtering bill has opponents on several fronts.  Critics of
>filtering software cite its inability to distinguish between lurid and
>educational material. Others are concerned with the cost of the software
>and updates, the inflexibility of legislating the issue, and issues of
>local control. (Legislation similar to the McCain bill was introduced on
>the House side by Rep. Ernest Istook (R-OK) as an amendment to the
>Labor, Health and Human Services and Education appropriations bill.)
>
>Sen. Coats' amendment, dubbed the "son of CDA" by some opponents, has to
>confront the legacy of the 1997 Supreme Court decision overturning the
>Communications Decency Act. It faces severe opposition from civil
>liberties groups.
>
>IS THE END OF THE E-RATE NEAR?  NEW PROPOSAL WOULD AWARD BLOCK GRANTS TO
>STATES
>
>Sen. Conrad Burns (R-MT) and Rep. Billy Tauzin (R-LA) introduced
>legislation yesterday that would eliminate the e-rate program. As a
>replacement measure, the congressmen's proposed "Schools and Libraries
>Internet Access Act" would allocate one percent of the three percent
>telephone excise tax toward Internet connection discounts for schools
>and libraries with the remaining two percent of the excise tax being
>eliminated.
>
>The bill would create a "Telecommunications Technology Trust Fund" that
>would be administered by the Commerce Department's National
>Telecommunications and Information Administration (NTIA). The 5-year
>grant program empowers the NTIA to award block grants to states after
>reviewing state technology plans. Grant awards would be distributed on a
>"basis of need." Unlike the e-rate program that has a $2.25 billion
>annual cap, the Burns/Tauzin proposal would authorize only $1.7 billion
>for fiscal year 1999 with no explicit funding set aside for the
>remaining four years. The Department of Commerce would have the
>authority to determine the equipment and services eligible for funding.
>
>If passed, it is uncertain what impact this will have on the 30,000-plus
>schools and libraries that have already acquainted themselves with the
>process and submitted applications for e-rate funds. Already education
>groups have expressed reservations over the Burns/Tauzin proposal due to
>its vagueness on the availability of funds after next year.
>
>
>________________________________________________________________________
>________________________________________________
>
>Written from EDUCAUSE's Washington office, "The Washington Update" is a
>free service of EDUCAUSE. If you would like more information about the
>Update or would like to offer comments or suggestions, please contact
>Garret Sern at gsern@educause.edu.
>
>EDUCAUSE: Transforming Education Through Information Technologies.
>
>(http://www.educause.edu)