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[RRE]Scientific Societies on WIPO
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Date: Thu, 17 Sep 1998 12:02:46 -0400
From: Lauren Gelman [...] American Association for the Advancement of Science
American Association for Artificial Intelligence
American Mathematical Society
American Statistical Association
Association for Computing Machinery
Computer Research Association
Institute for Electronics and Electrical Engineers--USA Society for Industrial and Applied Mathematics September 14, 1998 Senator Orrin G. Hatch
Chairman Senate Judiciary Committee
224 Dirksen Building Washington, D.C. 20510 Dear Chairman Hatch, As presidents of leading U.S. science and engineering societies, we
are writing to you regarding H.R. 2281, the Digital Millennium
Copyright Act. We are particularly concerned that the database and
the anti-circumvention provisions of the Act will have substantial
negative impacts on the conduct of basic research. They also will
slow the progress of important technology developments, and reduce
beneficial economic returns of research and development to society.
Indeed, several of the undersigned organizations have submitted
specific legislative proposals to improve H.R. 2281. The science and technical communities are dependent on the fair use
privilege for research, teaching, and development. They
traditionally have made data and information derived from publicly
funded research available with minimal restrictions and for no more
than the cost of reproduction and dissemination. Unfortunately, the
fair use provision in Title V of H.R. 2281, the section that applies
to databases, will create many obstacles for our communities. Databases that are time dependent, such as telescope readings, are
impossible to replicate. Others, such as the human genome sequence
data, are costly and impractical to duplicate. There is even concern
that the "potential uses" restriction could prohibit the use of
statistical or other analytic techniques on protected data,
especially if a resulting statistical product has commercial value.
Such a prohibition could seriously damage U.S. science, engineering,
and financial analysis, as well as data product innovation. On July 10, 1998, the presidents of the three national academies
sent the enclosed letter in which they express "serious concern"
about the proposed legislation. Many of the reasons for their
concern remain in Title V. Any legislation that does not retain the
traditional fair use privileges under which scientists always have
operated will have a chilling effect on science. The proposed database provisions also could harm U.S. industry.
Quoting from "Bits of Power," a report issued by the National
Research Council in 1997: "... [S]uch an approach ignores the contribution of basic science to
the ability of U.S. firms to predominate in markets for technology
and information goods. Despite a general consensus on the need for
sustained levels of investment in research and development, the
proposed database laws could change the status quo without anyone's
wanting it to happen by elevating the price of the one raw material
to which U.S. researchers have always had ready access. If less
available scientific information were to translate to fewer
applications of economic importance, the end result would be a loss
of U.S. technological competitiveness in an integrated world market." While we understand the desire to protect investments made in large
data collections, the proposed legislation fails to recognize the
legitimate needs of academic, professional, scientific, and ordinary
users of data. A second major flaw in H.R. 2281 involves the anti-circumvention
provisions. Since many of the techniques that are used to break into
systems are also used to test system security, the legislation would
outlaw devices and technologies that are crucial for making
information processing systems trustworthy and secure. By attempting
to regulate technologies rather than infringing behavior, progress
of research in cryptography and other computer security areas could
be significantly hindered. Although the bill includes limited exceptions on circumvention
(Title I Sec. 1203) for encryption research, the majority of
computer security research does not involve encryption. Leading
computer security researchers fear that the legislation may
criminalize not only their research, but even the teaching of many
of the standard security techniques. (See the enclosed letter.)
Similarly, the bill's exemption to permit reverse engineering for
the sole purpose of interoperability may criminalize development
of software engineering tools and technology with other uses, such
as fixing Year 2000 problems in software. The consequences are
potentially catastrophic. A bill with sections entitled "Permissible Acts of Encryption
Research" or even "Permissible Acts of Security Research" is too
cumbersome for the scientific research community. Scientists
should not be required to consult lawyers to determine if their
previously legitimate research might be in violation of the law.
Furthermore, because it is impossible to anticipate the direction
and nature of all research, the approach of exempting scientific
research is fundamentally flawed. We believe that H.R. 2281 would prohibit bona fide forms of
science and technology research that benefit us all, and we urge
you to reconsider the approach used in H.R. 2281. We would welcome
the opportunity to work with you on a version of the bill that
preserves the freedom of American scientific research and does not
threaten our long term economic security. Sincerely, Dr. M.R.C. Greenwood, President,
American Association for the Advancement of Science Dr. David L. Waltz, President,
American Association of Artificial Intelligence Dr. Arthur Jaffe, President,
American Mathematical Society Dr. David S. Moore, President,
American Statistical Association Dr. Barbara Simons, President,
Association for Computing Machinery Dr. Ed Lazowska, President,
Computer Research Association Dr. John Guckenheimer, President,
Society for Industrial and Applied Mathematics Dr. John R. Reinert, President,
Institute for Electronics and Electrical Engineers-USA cc: Senate Judiciary Committee
Senate Commerce Committee
Senate Majority Leader Trent Lott
Senate Minority Leader Thomas Daschle
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