From: heather@farnet.org (Heather Boyles) Subject: FARNET's Washington Update FARNET's Washington Update (via Minneapolis) --- May 12, 1995 IN THIS ISSUE: Terrorism on the Internet Senate Terrorism, Technology and Government Information Subcomittee holds hearing to discuss terrorism manuals on the Internet FARNET's Letter to Senate Judiciary members Telecom Reform House holds first of several hearings on HR 1528 and HR 1555 Senate Telecommunications bill dealt further blow by CBO report Funding GOP proposes elimination of Commerce, Energy and Education departments ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ SENATE TERRORISM, TECHNOLOGY AND GOVERNMENT INFORMATION SUBCOMMITTEE HOLDS HEARING ON TERRORISM MANUALS ON THE INTERNET Subcommittee Chairman and presidential candidate Sen. Arlen Specter (R-PA) yesterday convened a hearing of the Senate Terrorism, Technology and Government Information Subcommittee to investigate the availability of bomb-making instructions (such as those allegedly used in the Oklahoma City bombing) on the Internet. Other Senators present included Dianne Feinstein (D-CA), Herb Kohl (D-WI) and Patrick Leahy (D-VT). Witnesses at the hearing were Robert Litt - Deputy Assistant Attorny General, William Burrington - America OnLine, Jerry Berman - Center for Democracy and Technology, and Frank Tuerkheimer - University of Wisconsin. Presidential candidate Specter has, since the eve of the Oklahoma bombing, taken a prominent position in the Senate in the anti-terrorism arena. This hearing was obviously scheduled in reaction to wide-spread reports that the recipe for the particular bomb used in the Oklahoma City case was widely available on newsgroups and other places on the Internet (in addition to being found on pages 275-282 of Vol. 21 of the 1986 edition of Encyclopedia Britannica, as one of the witnesses pointed out). Expectedly, there was a level of hysteria in the hearing commensurate with the degree of the Oklahoma City disaster. Apparently, however, things began to get really out of hand when Sen. Dianne Feinstein rejected the argument that such speech was protected under the First Amendment, and Sen. Specter called the Internet a "clear and present danger" to US citizens. The debate centered mostly around the First Amendment as it applies to the Internet, federal statutes already in place covering this issue, and pending legislation from the Clinton administration that might make it easier to track those who would misuse information on the Internet. Finally, one sane voice, in the form of Sen. Leahy (who may well be the best informed Member on issues involving the Internet) told the subcommittee, "Before we head down a road that leads to censorship, we must think long and hard about its consequences." What will be the outcome of this hearing? First, there has been no legislation introduced to restrict the Internet in any way. Second, this hearing was bound to happen sooner or later following the play the entire issue has been getting in the popular press - hopefully, this hearing was a venting period for some of the hot air that has been puffing up the halls of Congress of late. Third, the Clinton administration "terrorism" legislation itself has been hitting a number of snags in Congress - provoking Republican retorts that Clinton has "gone too far" in attempting to beef up federal law enforcement's ability to investigate such crimes. FARNET'S LETTER TO MEMBERS OF THE SENATE JUDICIARY COMMITTEE In response to the scheduling of the "Terrorism on the Internet" hearing, FARNET sent a letter to each member of the full Senate Judiciary Committee along with a '51 Reasons' book. This letter was sent in the hope that the members or their staffers would take a step back and attempt to educate themselves, through reading the book or by calling us, before they make rash judgements about the Internet. The Honorable Arlen Specter Unites States Senate 530 Hart Senate Office Building Washington, DC 20510 Dear Senator Specter: A number of you on the Senate Judiciary Committee this week will be considering the extraordinary power of the Internet in disseminating information. Unfortunately, the focus in your subcommittee hearing on Thursday will be one of tremendous tragedy and horror - the use of technology by those who commit heinous terroristic acts. Certainly, these people should be brought to justice and all efforts should be made to prevent such loss of life ever again. However, we urge you to keep in mind the overwhelming positive aspects of the Internet . Every single day, students discover and download pictures of our solar system, cancer patients find encouragement and hope through on-line support groups, and average American citizens access copies of bills and laws which you have introduced and passed. To illustrate this point, we have enclosed a book of stories about how real people are using the Internet. Please take a minute to consider the story of the people of Pennsylvania and how their lives have been affected by the Internet. We think you will agree that this country's growing information infrastructure should not only continue to be allowed to flourish, but should also represent all views of all citizens of the United States of America. We are certain that the Internet presents extraordinary opportunities to ordinary citizens to speak out against those who would threaten our country's great democratic heritage. Thank you for your careful consideration of this matter. It is of utmost importance to every citizen of these United States. Sincerely, Jim Williams Executive Director (attached to the letter was a list of FARNET members) MEMBERS OF THE SENATE JUDICIARY COMMITTEE Spencer Abraham (R-Michigan) Charles Grassley (R-Iowa) Orrin Hatch (R-Utah) Chairman, full committee Mike DeWine (R-Ohio) Strom Thurmond (R-South Carolina) Joseph Biden (D -Delaware) Ranking Member, full committee Alan K. Simpson (R-Wyoming Edward M.Kennedy (D-Massachusetts) Jon Kyl (R-Arizona) Herbert H. Kohl (D-Wisconsin) Dianne Feinstein (D-California) Patrick J. Leahy (D-Vermont) Paul Simon (D-Illinois) Russ Feingold (D-Wisconsin) Fred Thompson (R-Tennesse) Arlen Specter (R-Pennsylvania) Chairman, Terrorism, Technology Subcom Hank Brown (R-Colorado) Howell Heflin (D-Alabama) HOUSE HOLDS FIRST OF SEVERAL HEARINGS ON HR 1528 AND HR 1555 The House Judiciary Committee kicked off this week with a hearing on Chairman Henry Hyde's HR 1528. Assistant Attorney General Anne Bingaman, along with representatives from MCI, Ameritech and Corning, Inc. testified at the hearing. As reported here last week, the bill primarily covers one issue - the return of the Dept. of Justice to a decision-making role in allowing RBOCs to enter the long-distance business. DOJ and the rest of the Clinton administration have severely criticized the Senate's telecom reform bill for taking the DOJ out of this role. The bill will, in all likelihood, not be passed as a stand-alone, but perhaps be merged into 1555. One sticky point though: Hyde's 1528 makes the test for approval by the DOJ a "dangerous possibility" instead of an VIII(c) test. Bingaman argued the this test is much weaker than what the DOJ has been applying to RBOC waivers under the MFJ - the so-called "eight c" test. The House Commerce Committee, in particular its Telecommunications and Finance Subcommittee, has also been holding hearings this week concerning their telecom reform bill, HR 1555. As reported last week, Subcommittee Ranking Member Ed Markey (D-MA) is still witholding his support of the bill, which may endanger it with House democrats. Hearings on Wednesday, Thursday and Friday of this week included scores of witnesses from industry, along with a number of public interest groups. Reportedly, the committee may begin markup as early as next week. T&F Subcommittee Chairman Jack Fields (R-TX) said this week that he want to move th bill as quickly as possible - perhaps striving for the July 4 deadline set by Republicans earlier this year. SENATE TELECOMMUNICATIONS BILL DEALT ANOTHER BLOW BY CBO REPORT Last week, the Congressional Budget Office came out with a preliminary draft of a report that "scores" S. 652 for possible revenue impact. Essentially, this means calculating the cost of implementing provisions of the bill so that those costs can be included in an estimate of government revenues (i.e. taxes). Specifically, CBO has targeted the universal service provisions of S. 652, saying that the funds that are collected from each common carrier to supplement providers of rural and high-cost services should be counted as "government receipts," because payments are mandated by the federal government, even though the funds go to other telecommunications providers. CBO has estimated this "tax" at $7B over 5 years. Now the Republicans in the Senate are in a tough spot. A number of Senators have large rural constituencies, and have pledged to maintain a Universal Service Fund. This is one of the first statements Majority Leader Dole made in testimony at the first hearing on telecommunications of the 104th Congress. On the other hand, Dole, in the midst of a presidential bid, has promised no new taxes. One option may be to get the CBO to change its analysis. This delays consideration of the bill on the floor of the Senate even further. Passage of S. 652 looks further and further away, although Dole said this week that the telecom bill would come "right after" the Solid Waste Disposal Act and the FY96 Budget Resolution (see below). GOP PROPOSES ELIMINATION OF COMMERCE, ENERGY AND EDUCATION DEPARTMENTS Both Senate and House Republicans this week released their versions of FY96 budget resolutions. Both plans by Senate Budget Chairman Pete Domenici and House Budget Chairman John Kasich would abolish the Commerce Department. These are first fired shots in the budget process by the Republicans. The odds that these proposals, in their present form, will become final throughout the process of floor debate and conference are slim. However, it does indicate the level of budgt cutting mania in both houses. The Clinton administration has attacked both proposals, but, as always, the heavy debate, will likely center around Medicare and Medicaid cuts. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ FARNET's Washington Update is written weekly from our Washington, DC office. You can find past issues on . Please contact heather@farnet.org with any questions, comments or suggestions.