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Friday, November 10, 2006
Executive Summary
Week Of November 6, 2006
by K. Daniel Glover

Campaigns
Democrats Score Big, Netting At Least 28 House Seats
     Democrats regained control of both the Senate and House in this week's election, and some lawmakers who are favorites of the technology industry, including Virginia Sen. George Allen, were among the defeated Republicans. Allen lost to James Webb by less than 8,000 votes. CEA President Gary Shapiro said his biggest hope would be for "election results everyone agrees are fair." In Montana, Democrat Jon Tester also narrowly beat Republican incumbent Sen. Conrad Burns, a senior member of the Commerce Committee. Democrats also gained Senate seats in Missouri, Ohio, Pennsylvania and Rhode Island. Some House lawmakers favored by the tech community also lost. Nancy Johnson, R-Conn., is among the biggest losses for the tech industry. She wrote health information technology legislation and a measure to expand the research and development tax credit. Another key loss was E. Clay Shaw, R-Fla., who chaired the House Ways and Means Trade Subcommittee.

Campaigns
Schwarzenegger Win Is Among Few Key GOP Victories
     Republican Arnold Schwarzenegger will govern Silicon Valley and the rest of California after winning re-election as governor of the Golden State. But his victory was among the few bright spots for Republicans as Democrats gained control of a majority of governorships. Schwarzenegger trampled state Treasurer Phil Angelides, a former state Democratic Party chairman. Florida's Republican attorney general, Charlie Crist, edged Democratic challenger Jim Davis to become governor. Crist had taken action against alleged violators of a 2004 law banning unsolicited commercial e-mail, and was a vigilant crusader against child pornography peddlers, online child predators and other cyber criminals. And New York Attorney General Eliot Spitzer thrashed Republican John Faso, a lawyer and former lobbyist. Spitzer was among the most active attorneys general in the area of prosecuting high-tech and telecommunications offenders.

Courts
Judge Blocks 'Jessica's Law' In California
     A federal judge in California quickly blocked a just-approved ballot initiative that would require sex offenders to be tracked electronically for life. More than 70 percent of voters approved the mandate, but U.S. District Judge Susan Illston said some provisions most likely are unconstitutional. Critics say the measure would unfairly penalize convicts after they already have been punished for crimes. The requirements were inspired by a Florida statute widely known as "Jessica's Law," after a girl who was kidnapped and murdered in 2005. Implementation of the initiative will be delayed until court action. A hearing has been scheduled for later this month. The measure was one of a few tech-related ballot initiatives. South Dakotans rejected one that would have repealed a statewide tax on cellular telephones. And voters in Sarasota County, Fla., approved an initiative to require paper receipts for electronic votes.

States
Democrats Score Gains In Legislatures, State Offices
     Democrats surged to take control of state legislatures throughout the country and now are poised to control the majority of state governments. According to the National Conference of State Legislatures, Democrats have taken control of both chambers in 23 legislatures. Republicans, who controlled both chambers in 20 legislatures going into Tuesday's election, now only control 16. Legislatures in 10 states will be split, while Nebraska's unicameral legislature is nonpartisan. "The Democrats have put some light between the two parties," NCSL's Tim Storey said in a statement. "This isn't parity anymore." Democrats will have more influence in the administration of elections in several states as well. They captured victories in secretary of state races in Iowa, Minnesota, Ohio, New Mexico and Nevada. All of the races were targeted by the Secretary of State Project, an online fundraising initiative that funneled cash to Democratic candidates.

E-Government
E-Voting Glitches Give Election Watchers Pause
     Few catastrophic breakdowns of e-voting equipment were reported, but civil-liberties advocates said that glitches in some states suggested systemic problems in the nation's election systems. According to a report released this fall by Election Data Services, more than a third of counties are administering elections this year on new equipment. Jonah Goldman of the Lawyers' Community for Civil Rights Under Law said a steady flow of complaints were heard from voters in Ohio. He said a hotline set up by Election Protection received thousands of complaints, many of them in Ohio, as voters went to the polls. AP also reported that struggles with e-voting machines caused long lines in several counties in the Buckeye State. Matt Zimmerman, a staff attorney at EFF, said voters in Florida and Illinois also flagged setbacks. Various reports of e-voting trouble also streamed in from Colorado, Indiana, North Carolina, Pennsylvania and Utah.

On The Hill
Election Reshuffles Committee Chairmanships
     Election results will reshuffle key committee chairmanships in Congress. John Dingell of Michigan, the lead Democrat on the House Energy and Commerce Committee, will run the panel in 2007. The lawmaker told reporters Wednesday that he will dramatically change course from the GOP agenda. The new chairman of the panel's Telecommunications and the Internet Subcommittee remains unclear, but it is set to go to Rep. Edward Markey of Massachusetts, the current top Democrat on the subcommittee. Fellow Massachusetts Democrat Barney Frank is expected to chair the Financial Services Committee. In the Senate, meanwhile, Patrick Leahy of Vermont is poised to become chairman of the Judiciary Committee. An aide said Leahy plans to focus on supporting patent reform and protecting data privacy, among other issues.

On The Hill
Telecom Bill Faces Tough Hurdle Under Democrats
     Pending deregulatory telecommunications legislation faces new hurdles now that Democrats have won control of Congress, industry observers said. The Senate Commerce Committee approved a bill authored by Chairman Ted Stevens, R-Alaska, in June. But it subsequently stalled over provisions that critics consider too weak to prevent telecom and cable companies from dominating their high-speed Internet lines. With election losses by Republicans George Allen of Virginia and Conrad Burns of Montana, both members of Senate Commerce, Democrats will control the chamber in the 110th Congress and are expected to pursue a different telecom course. Loss of the Senate also could dim prospects for Stevens' legislation during a post-election session of Congress set to begin Nov. 13. Meanwhile, incoming House Energy and Commerce Committee Chairman John Dingell, D-Mich., vowed to pursue a fresh telecom overhaul next year.

Civil Liberties
Democratic Victory May Kill Surveillance Bills
     The new Democratic-led House could bode well for the civil-liberties crowd. The most pressing issue for the 110th Congress will be quashing efforts they say would allow the continuation of an eavesdropping program authorized by President Bush after the Sept. 11, 2001, terrorist attacks. Caroline Fredrickson of the American Civil Liberties Union said the partisan shift in leadership may mean "a very profound change" in how lawmakers address the National Security Agency's electronic wiretapping program. Before recessing for the mid-term election, the House passed a bill, H.R. 5825, to overhaul rules for wiretaps without warrants. The Senate companion measure, S. 2453, did not get a floor vote. "I think that is dead," she said. Leslie Harris, executive director of the Center for Democracy and Technology, said her group will look to the new Congress to "be more skeptical of the president's claims that it's necessary to sacrifice civil liberties for national security."

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