November 22, 2008
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State Roundup: Thursday, January 27, 2005
State Prosecutors Blast File-Sharing Services
by Chloe Albanesius

     Prosecutors from nearly all states and the territory of Guam on Tuesday argued in a U.S. Supreme Court brief that file-sharing services are legally liable for the copyright infringements of their users.
     The state attorneys general said they filed the brief because of "the need to promote and maintain a lawful business culture in which citizens and their institutions can safely use and benefit from rapidly advancing technological innovation." They also stated their obligation to protect consumers from businesses that "encourage and feed upon illegality."
     Virginia Attorney General Jerry Kilgore said in a statement that the use of peer-to-peer (P2P) software is "stealing, pure and simple, but the universal nature of the activity and the failure of the law to stop it allow [users] to believe otherwise. P2P technology is a powerful and valuable tool, but the law must protect the public and business from its misuse."
     Kilgore said the downfall of the Napster file-sharing service prompted P2P software makers to create services that could not track users' activities as a way to avoid liability for any illegal actions. The 9th U.S. Circuit Court of Appeals ruled that the services indeed are not liable, but Kilgore said the decision encourages criminal behavior and prevents law enforcement from tracking copyright violators.
     The brief by the attorneys general also voiced concerns about P2P software being used to illegally distribute pornography, especially child porn. And they said that because of the file-sharing services' general disinterest in policing their systems, the networks are now "rife with criminal schemes, such as instructions on how to pilfer financial accounting data from computer users and engage in electronic identity theft."
     The Supreme Court will hear the case in March.

Md. Budget Proposes Millions For Tech Upgrades
     Maryland law enforcement would have access to state-of-the art fingerprint and DNA databases, modernized information technology and "smart cars" under proposals that Gov. Bob Ehrlich outlined in his fiscal 2006 budget.
     Ehrlich, a Republican, called for a $7.5 million investment in smart cars for the Maryland State Police to give troopers real-time access to criminal databases. In addition, he wants to spend $20.6 million for IT upgrades that would enable quicker criminal background checks.
     The state's fingerprint database would get a $12.5 million refurbishing under Ehrlich's plan. The funds would go toward replacing outdated equipment and expanding storage space. Meanwhile, $1.6 million would go toward upgrading the state's booking system for criminal suspects and expanding the electronic fingerprinting system.
     The governor also plans to call for legislation that would expand Maryland's DNA database and improve communications for emergency responders.

Broadband For The Volunteer State
     In order to remain competitive and attract industries to Tennessee, Gov. Phil Bredesen on Wednesday called for the development of a statewide high-speed Internet strategy.
     "Just as four-lane roads and the interstate highway system opened up Tennessee in the past, the new highway to economic progress is the development of a statewide broadband system," the Democratic governor said in a statement. "All around us, states are implementing and capitalizing on broadband strategies that give them an advantage over us here in Tennessee."
     As a result, Bredesen called on Matt Kisber, the state's economic and community development commissioner, to establish task force in order to develop a broadband implementation plan. Though no specific timeline has been set for task force action, the governor "has expressed his desire to see a significant start this year," Communications Director Bob Corney said.
     "Infrastructure today is as much about skills and information technology as it is about asphalt and sewers," Corney said. "Like roads, broadband can connect all communities to better medical information, job-training opportunities, educational opportunities and business applications."
     In other news, Maine Gov. John Baldacci on Tuesday used his State of the State address to call for a telecommunications strategy that would improve access for all residents.
     Dubbed "Maine Connect," the initiative aims to ensure that 90 percent of all Maine communities have high-speed Internet access by 2010 and that all residents have quality wireless service by 2008, the Democratic governor said.
     "The Connect Maine strategy will be devised with input from public and private agencies over the next few months," Baldacci said. "In this fast-paced, global economy, we cannot rest."

Report Praises States For Nanotech Efforts
     Massachusetts, California and Colorado topped the list for economic development from nanotechnology in 2004, according to a report issued Wednesday by Lux Research.
     The other states in the top 10 were Virginia, New Mexico, New Jersey, Connecticut, Maryland, Illinois and New York.
     States contributed more than $400 million for nanotech research, facilities and business-incubation programs last year, but participation among different states varied greatly.
     At $150 million, New York spent the most money on nanotech, which involves the study of matter at the atomic and nuclear levels. But 20 states, including Utah and New Hampshire, spent almost nothing. California, meanwhile, secured more than 200 nanotech patents, while 11 states were completely unsuccessful on that front.
     Top-ranking states are not infallible, however. Massachusetts has leading universities and high-tech companies, but it lacks a coordinated, statewide initiative, the report said. Nanotech investors also can be turned off by California's high taxes and regulatory burdens, the report said, and Colorado has little state-level nanotech funding.
     Those realities could help other states overcome top scorers, according to researchers. Ranked 10th, Washington could make gains with its nanotech degree program at the University of Washington, one of the nation's first. At 13th, Pennsylvania has regional alliances with corporations and universities that could boost its ranking, and 15th-rated Minnesota has research and development at the University of Minnesota and corporations like 3M and Cargill Dow.

Oklahoma Joins Fight Over Drug Imports
     Oklahoma Gov. Brad Henry on Wednesday proposed letting state residents purchase cheaper prescription drugs from Canada and other countries. His plan, which the Democratic governor will present to the legislature in February, also would create a state Web site where residents could purchase those drugs.
     Henry called for a united front on lowering drug prices. "I think we can lower the cost of prescription drugs through our own Prescription for Savings initiative, but I believe even bigger savings can be realized if all of the states band together on this issue," he said in a statement.
     Meanwhile, Maine's Baldacci pledged in his State of the State address to continue fighting for drug imports and said he has requested federal permission for imports.
     Canadian Press reports that Washington legislators also are considering import measures.

Gov. Minner Wants More Math Teachers
     Mathematics skills among Delaware students are deteriorating, a fact that could spell disaster for the state's technology industry, Gov. Ruth Ann Minner said Tuesday in her State of the State address.
     "Many of the skills most in demand in the 21st-century economy are in the fields of science and technology," the Democrat said. Math is the key to science, but Delaware students "are not doing as well as" they could, she said.
     As a result, Minner called for 22 math specialists in the state's lowest-performing middle schools this year. "These teachers will provide the extra time and extra attention that some students need to learn and master math skills before they fall behind," she said.




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