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State Roundup: Thursday, February 3, 2005
Governors Focus On Technology In Education
by Chloe Albanesius

     Tennessee Gov. Phil Bredesen on Monday called on the Oak Ridge National Laboratory to match funds allocated in the state budget in order to attract more nationally recognized faculty to the University of Tennessee.
     "I want UT to grow in stature as a first-rate teaching and research institution," the Democratic governor said in his State of the State address. "Top-of-the-line universities ... power the economy, [and] they keep the best and brightest students at home."
     Oak Ridge is managed by the university's Battelle campus for the federal government. In addition to the Oak Ridge matching funds, Bredesen called for capital funds that are being augmented by substantial private investment to start improving infrastructure.
     "There is an opportunity today for the University of Tennessee to rapidly become world class in some areas like supercomputers, materials science and nanotechnology," he said.
     Meanwhile, Alabama Gov. Bob Riley announced the start of a new distance-learning program called Alabama Connecting Classrooms, Educators and Students Statewide (ACCESS). "Through the use of the Internet and videoconferencing, any student, anywhere in Alabama, will have the opportunity to take courses that are not currently available," the Republican governor said in his Tuesday State of the State address.
     In his budget plan, Riley proposed spending $10 million on ACCESS and touted the benefits he said it would provide teachers. "They'll be able to use this technology to enhance classroom instruction and strengthen their professional development," he said.
     And in Kentucky, GOP Gov. Ernie Fletcher on Wednesday promised in his State of the Commonwealth address to fund projects to update the state's "neglected information technology and early warning systems." He said Kentucky's current telecommunications structure is antiquated.

Rep. Boucher Skeptical Of Va. Telecom Tax
     U.S. Rep. Rick Boucher, D-Va., said on Wednesday he does not "favor the broad idea" of imposing a tax on telecommunication services in Virginia.
     Several state Republican lawmakers crafted legislation in both chambers of the state Assembly that would impose a 5 percent tax on all telecom services -- a plan supported by Democratic Gov. Mark Warner. In an interview with National Journal's Technology Daily, Boucher praised Warner for working in a bipartisan manner but said, "I'm not sure I like the issue" he is pushing.
     The state House of Delegates' version was stripped of all references to tax increases or cuts this week, but the Senate version will be considered in committee Monday.

Court: Web Site Not Liable For Third-Party Posts
     A New Jersey Web-site owner is not liable for inflammatory postings placed on his site by third parties, a judge with the New Jersey Superior Court ruled Monday.
     Vincent Donato and Gina Calogero, members of the Emerson Borough Council, sued Stephen Moldow after what they considered defamatory statements appeared on the commentary section of Moldow's "Eye on Emerson" Web site. The site, which included information about local government, also featured a section where residents could post comments anonymously. In early 2001, negative messages about the two council members appeared, referring to Donato as a "slippery, slimy fish" and "Hitler reborn," and Calogero as a "nutcase" and a "corrupt influence."
     The council members argued that Moldow shaped the discussion by editing and rewriting posts. The court ruled that while print media publishers might be held liable for publishing defamatory statements, "in the course of cyberspace ... Congress has chosen a different course ... and granted broad immunity to providers or users of interactive computer services."
     Also in New Jersey, a state Senate committee on Monday approved a bill that would ban the sale of prescription drugs from foreign-based Internet pharmacies, the Star-Ledger reports.
     The intent of the bill, S. 1231, is to "separate the responsible e-pharmacies from the con artists," said Sen. Paul Sarlo, the Democrat who sponsored the measure. He acknowledged that it would protect pharmaceutical companies in the region, which are "an important part of the economy."
     Public-interest groups criticized the measure. As "the pharmaceutical capital of the world, [New Jersey] should ensure ... access to affordable drugs," said Dena Mottola, executive director the New Jersey Public Interest Research Group. Sarlo's bill is "regressive," she said.
     In other news, Kansas Gov. Kathleen Sebelius on Monday pushed for healthcare reform in an editorial for the National Governors Association. In November, Kansas joined the multi-state I-Save Rx program for importing medicines. While the Democratic governor acknowledged that imports will not solve all of the state's healthcare problems, she said imports and other initiatives will "foster a healthier Kansas."

Spam Now Punishable As Felony In Ohio
     In Ohio, Republican Gov. Bob Taft Tuesday signed into law a new anti-spam measure that makes sending a large number of unsolicited commercial e-mails punishable as a felony.
     Under the bill, H.B. 383, offenders can be charged with a felony if they purchase 20 or more e-mail accounts or 10 or more Internet domains with the intent to spam, send 250 e-mails in a 24-hour period, send 2,500 e-mails in a one-month period or send 25,000 messages in a year.
     The measure "is a huge pro-consumer milestone," America Online spokesman Nicholas Graham said in a statement. The state previously enacted anti-spam legislation in 2002 but did not include prosecution of violations as felonies.

Hawaii Budget Includes Tech Provisions
     A budget proposal from Hawaii Gov. Linda Lingle includes a number of tech-related provisions addressing security concerns.
     The Republican governor called for a measure that would let victims of identity theft freeze access to their credit reports so thieves could not open new credit-card accounts. In addition, she proposed a revision of the state's e-surveillance law so it is more in line with federal statutes and requested an expansion of the state's DNA registry laws.
     Lingle also pushed for easier sharing of criminal histories, Internet-based background checks and a fingerprint database. Finally, her proposal would ban devices that can remotely change traffic signals and calls for e-voting machines to produce paper receipts.

California Company Battles FCC Over Licenses
     The federal D.C. Circuit Court of Appeals on Monday will hear arguments in a case pitting the FCC against a California-based company that accuses the agency of unfairly terminating several licenses for private land-mobile radio stations.
     The FCC awarded the National Science and Technology Network (NSTN) nine licenses in 2000 to build the radio stations, and the company was given one year to complete the first station. NSTN was told its licenses would be automatically canceled if the construction was not completed by then but that it could apply for an extension should it face problems.
     NSTN failed to complete the station by 2001 because necessary equipment was not available. It did not, however, request an extension, so the FCC canceled the contract. NSTN sued, calling for the FCC to revise its cancellation policy and claiming that the agency unfairly considered objections from a company known as Mobile Relay Associates.
     The FCC's action is "arbitrary, capricious, an abuse of discretion," NSTN said. The FCC countered in its filing that NSTN's claim is without merit because it "has never offered any excuse for its failure to file an extension."




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