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Editor's note: Tech Daily will not publish Wednesday, Nov. 21, through Friday, Nov. 23, due to the Thanksgiving holiday. We will resume publication on Monday, Nov. 26.
Intellectual Property
Presidential Candidates Asked About Copyright Issues
by Andrew Noyes
A trade group representing Microsoft, NBC Universal, News Corp., Time Warner and more than 40 other content creators wants to grill the pool of presidential candidates on their plans to maintain "meaningful copyright protection" for U.S. businesses.
A letter and questionnaire from the recently formed Copyright Alliance was sent to 17 candidates Tuesday. The group has requested responses from the White House hopefuls in both the Democratic and Republican parties by early next year.
The organization, which plans to make the candidates' answers public, is asking the campaigns to comment on topics deemed important to maintaining the strength of America's "ideas economy."
Those issues include: the principle of copyright law; the application of it to the digital world; enforcement of copyright law; use of trade agreements to ensure a level playing field for U.S. industry worldwide; and free expression.
The letter to candidates notes that the copyright industries in 2005 accounted for more than 11 percent of the U.S. gross domestic product and has an annual growth rate that exceeds 7 percent.
"There are other issues, obviously, in this campaign," Executive Director Patrick Ross told reporters during a teleconference. "We're not pretending that ours is paramount, [but] it is something of significance to the country and our presidential candidates."
"We're trying to engage in a dialogue here and positively influence this process and help the candidates to understand the importance of these issues and how many people are critically dependent on the ideas economy," he said.
Caroline Joiner, executive director of the U.S. Chamber of Commerce Global Intellectual Property Center, added that IP theft "is one of the most pressing issues facing the business community today, and it should be on the minds of all the candidates."
But just as "copyright-dependent" jobs contribute to the economy, so do the millions of jobs that enable those ideas to reach the world, said Maura Corbett, a spokeswoman for the Digital Freedom campaign, which promotes "fair use" of copyrighted content.
The copyright group's call for candidates to support an ideas economy left out two essential components -- information and technology, she said. "Without those two pieces, ideas are like trees falling in a forest."
The alliance's request comes as attention to IP protection is growing on Capitol Hill. Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., unveiled legislation this month aimed at combating piracy and counterfeiting, and a House companion bill soon will be introduced.
Leahy's anti-piracy legislation, S.2317, aims to boost the government's civil enforcement capacity and enhance investigative and forensic resources for law enforcers. Sens. George Voinovich, R-Ohio, and Evan Bayh, D-Ind., introduced their own IP measure, S. 522, earlier this year.
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Security
Immigration Official's Confirmation Still Uncertain
by Chris Strohm
Tension in the Senate over the nomination of Julie Myers to head Immigration and Customs Enforcement has begun to relax, but her fate remains uncertain. No confirmation vote has been scheduled, and at least one senator is actively opposing her.
The fate of Myers' nomination to lead the largest investigative arm of the Homeland Security Department was thrown into doubt after she participated in a controversial Halloween party. Myers had judged an employee's costume of dreadlocks, dark makeup and prison stripes as the most original at an ICE party and even posed for photographs with the worker.
President Bush gave Myers -- who is the niece of Gen. Richard Myers, former chairman of the Joint Chiefs of Staff, and wife of John Wood, former chief of staff to Homeland Security Secretary Michael Chertoff -- a recess appointment in January 2006. Absent Senate confirmation, Myers' appointment expires early next year.
After conducting a review of the Halloween incident, Senate Homeland Security and Governmental Affairs Committee Chairman Joseph Lieberman and ranking Republican Susan Collins of Maine, say they will vote to confirm Myers.
"Sen. Lieberman regrets her lapse in judgment regarding the Halloween incident," a Lieberman spokeswoman said. "He is inclined to support her nomination, given the committee's review of her entire record, the fact that the union representing 7,000 ICE employees supports her and her year's experience in office."
The American Federation of Government Employees, the largest union representing ICE employees, was unable to independently confirm Tuesday that it supports the nomination.
A spokeswoman for Collins added Collins believes Julie Myers "used poor judgment" in the costume incident "but recognizes that she made serious mistakes in judgment. She clearly regrets the incident and has apologized. Despite this incident, Sen. Collins believes that Ms. Myers has done a good job leading ICE. If her nomination comes to a vote in the Senate, Sen. Collins is inclined to support her."
However, Missouri Democrat Claire McCaskill is "adamantly against" the nomination, a McCaskill spokeswoman said. A member of the Homeland Security Committee, McCaskill was at odds with Myers before the incident because ICE was unable to provide statistics showing how many employers have been criminally prosecuted for knowingly hiring illegal immigrants.
"She had some serious concerns about Julie Myers before, but those have just been exacerbated by the situation," the spokeswoman said. McCaskill has filed paperwork to place a procedural "hold" on the confirmation and is actively trying to convince other senators to vote against Myers.
"Ultimately, Sen. McCaskill has no intention of putting an indefinite hold on Julie Myers," the spokeswoman said. "She believes that if and when the nomination comes to the floor, she deserves an up-or-down vote."
Senate Majority Leader Harry Reid, D-Nev., will decide when to bring the nomination to the floor, but no date has been set. Instead, Reid has concerns about Myers and "is consulting with members before deciding how to proceed," a spokesman said.
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Environment
Public, Private Sectors Differ On 'Green' Efforts
by Heather Greenfield
Information technology workers and managers in the public sector place a slightly higher priority on switching to environmentally friendly data centers than the private sector but face more obstacles taking action, according to a new survey.
The online survey by Symantec also found that government managers have more knowledge of the concept of energy-efficient data centers. Eighty-two percent were very or somewhat familiar with the concept, compared with 75 percent of private-sector managers.
"The U.S. public sector largely does not have green polices, but we did find they are knowledgeable about what's happening," said Sean Derrington, director of storage management for Symantec.
Some 59 percent of public-sector organizations told Symantec they do not have "green" policies, and neither do 37 percent of private-sector organizations.
Money is a factor because while government managers may have the same average of 14 to 15 data centers as their private-sector counterparts, they say their overall budgets average $59 million, compared with $70 million in the private sector.
The survey found that 45 percent of government managers said switching to more energy-efficient data centers is a high priority. Eight percent called it a critical priority, and 23 percent rated it a moderate priority.
The biggest reason to switch to green data centers for those in the public sector is increasing energy efficiency. Fifty-three percent cited that reason, compared with 27 percent who said reducing hazardous chemicals is the motivation.
The numbers were slightly different than for the private sector. There, 50 percent said energy efficiency is the chief reason, and 36 percent cited hazardous chemicals.
But priorities and reasons aside, Derrington said the biggest difference between the public and private sectors is implementation. The survey found that 4 percent of public-sector organizations are implementing green data centers, and another 6 percent have just begun the process. Private-sector organizations report that 12 percent are switching to green data centers, and another 14 percent are just beginning to do it.
In the public sector, 45 percent are discussing the switch, but 37 percent said it is not being considered. "There's a difference in planning and discussing and actually doing something about that," Derrington said.
Derrington said the public sector may have a harder time justifying the investment.
Ways to go green include server consolidation and server virtualization, which means running multiple applications on a single platform.
The survey showed that government data-center managers are taking various approaches, but server consolidation is the most popular, with 71 percent identifying that as what they are trying. Server virtualization is next, used by 69 percent of those surveyed, and replacing old equipment with more energy-efficient models is the strategy for 57 percent.
Derrington said sometimes it is tough for organizations to consider server consolidation depending on how they depreciate the equipment for accounting purposes.
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E-Government
Courts Offer Libraries Free Access To E-Records
by Aliya Sternstein
For the first time, the U.S. court system is providing free access to its online court records at select libraries. Lawyers say that waived fees for the system known as Public Access to Court Electronic Records, or PACER, which typically costs 8 cents per search, will empower citizens who choose to represent themselves in court.
On Nov. 8, the government announced that free service would be available at 16 library systems nationwide under a joint project of the courts and the Government Printing Office. The participating libraries must promote the service, administer a user survey and report activity to GPO bimonthly.
National Security Archive General Counsel Meredith Fuchs said she is sure that most of the public is not familiar with PACER, although it has revolutionized access to court records. "Now it is possible to see the complete docket in most cases before waiting for the cases to be decided and the decisions to be published," she said.
By moving to a free system, the courts particularly will aid people who live in remote locations and individuals who are economically disadvantaged, Fuchs said. Elsewhere, the regular 8-cent charge applies for pages that are printed, viewed or downloaded -- or for one page if a search yields no matches. Elsewhere, the regular 8-cent charge applies whether pages are printed, viewed or downloaded.
Coral Henning, from the Sacramento County Public Law Library in California, which is partaking in the pilot, said her facility did not provide the service before because it could not control the costs of downloading and printing.
By viewing sample pleadings filed in cases, more people may be able to protect their interests without depending entirely on lawyers, Fuchs said.
Gretchen Van Dam at Illinois' 7th Circuit Court of Appeals Library, another participating location, said the federal court library located in the Chicago Loop is "heavily used by pro se filers in each of the federal courts in Chicago."
"The idea is fantastic," said National Whistleblower Center General Counsel David Colapinto, adding that now it is up to the libraries and courts to promote PACER's availability. By advertising at courthouses and in clerks' offices, the program can reach people representing themselves, he said.
Van Dam said the press has spread the word locally. Her staff also has informed academic, private and county libraries. The next step will be to let the bar associations and pro se help services in the area know.
Catherine Lemann, who is with the Alaska State Court Law Library, said her institution applied to be a test site because there is no law school in the state. "No-fee access to the PACER system will allow the branch libraries outside of major regional centers to provide federal court records to patrons who would otherwise not be able to access these important public documents," she said.
Janice Greer at the Fordham University law library in New York said that while some PACER information can be found on free court Web sites, patrons often do not know where to look. "Usually, court Web sites don't have good enough search engines to be able to search for a case without knowing its parties or docket number."
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Campaigns
Ex-Sen. Burns' Campaign Cleared Of 'Robocalls'
by Michael Martinez
The Federal Election Commission has found no reason to believe that the campaign of former Republican Sen. Conrad Burns violated election rules last year by placing automated telephone calls to Montana residents.
In a ruling announced Monday, the FEC determined that Burns' campaign committee, Friends of Conrad Burns, did not place "robocalls" to voters without disclosing that it was behind the calls. The committee categorically denied sponsoring, financing or having knowledge of the calls. The FEC claimed to have found no evidence to the contrary.
Burns, who sat on the Senate Appropriations and Commerce committees, lost his seat last year to Democrat Jon Tester.
The complaint was filed in September 2006 by a Montana resident who claimed to have received a call with disparaging information about Tester. The complainant, John Mundinger, also said the call did not contain disclaimer information.
Federal election law requires public communications paid for by political committees to include disclaimers identifying who paid for and authorized the messages. The FEC said it found no evidence that Burns' campaign or its treasurer, James Swain, broke the rules by orchestrating the alleged robocalls.
Democratic activists in Montana tried to call attention to the use of automated calls in the Burns-Tester race. One blogger made an appeal at Daily Kos to track the "scumbags" behind the calls and punish their "sleazy behavior" by pitching the story to mainstream reporters.
Robocalls already have sparked criticism in the 2008 presidential race. New Hampshire Attorney General Kelly Ayotte is investigating calls to voters in her state that smear Republican candidate Mitt Romney. Anti-Romney calls also have reached voters in Iowa.
The Romney campaign has denied suggestions that its own officials ordered the calls. A spokesman for the former Massachusetts governor told the Boston Herald on Tuesday that such accusations are "paranoid delusions" that "aren't worthy of a response."
In a separate case announced Monday, the FEC ruled that congressional Democrats from California did not improperly solicit donations for a failed gubernatorial candidate because their names and faces appeared on his campaign Web site and were listed as "campaign co-chairs."
The commission found no evidence suggesting that House Speaker Nancy Pelosi and Sens. Barbara Boxer and Dianne Feinstein broke rules that prohibit federal candidates and officeholders from soliciting funds in connection to non-federal elections that exceed certain limits.
The complaint alleged that the lawmakers violated restrictions on "soft money" contributions by allowing their names and likenesses to be used on the official campaign site of Democrat Phil Angelides, who lost last year's race to Gov. Arnold Schwarzenegger, a Republican.
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Digitocracy Digest
The GOP Is All Atwitter About 'Twitter'
by Aliya Sternstein
Taking the notion of open government to new extremes, several Republican officials are allowing citizens to virtually stalk them through a free mini-blog service.
On Twitter, registered users can broadcast blurbs of up to 140 characters from their mobile telephones, the Web or instant-messaging services to let subscribers know their activities and whereabouts. Twitter users have profile pages that show pictures of other Twitter "followers" who are tracking them.
Some Republican lawmakers airing play-by-plays of their days are: House Republican Whip Roy Blunt of Missouri; House Minority Leader John Boehner of Ohio; House Republican Chief Deputy Whip Eric Cantor of Virginia; and the Republican Study Committee. Even the White House is on Twitter.
The minority party is using the service to try to sway the online powers-that-be. "Our main focus in using Twitters was to target Republican bloggers," said Blunt spokesman Amos Snead, who helps maintain Blunt's updates, or "tweets."
RSC Communications Director Brad Dayspring said the committee has the same motivation and also wants to reach others online who identify with RSC's principles. Followers -- who basically become "our secondary message deliverers" -- get timely rundowns on what RSC is doing, Dayspring said, so "we ensure that many more people across the country know about the activities and action of our members."
As of Tuesday, Blunt had about 90 followers. "We're constantly looking for new avenues to communicate our conservative messages," Snead said.
And bloggers are getting those messages. Conservative Blogger Robert Bluey, who writes for RedState and RobertBluey.com, said he personally finds tweets from members to be informative, even if they don't update as often as they should or communicate directly with him.
Bluey, director of the Heritage Foundation's Center for Media and Public Policy, added: "Republicans are racing to keep pace with Democrats online, so what better way to show they're up to the task than embracing a new tool like Twitter. It wasn't long ago that Republicans were afraid to experiment. Today that doesn't seem to be a problem."
Boehner started using Twitter in April. The RSC started in June, as did Blunt.
Democratic lawmakers apparently are a bit shyer, although Rep. George Miller of California is posting on Twitter under two personas -- as chairman of the House Education and Labor Committee and as part of "Ask George," his multi-network, multi-platform, virtual town hall.
"Republican members tend to be more open to new technologies to communicate with their base," said liberal blogger Matt Stoller of Open Left. But he added, "The most useful function of Twitter is to coordinate bar-hopping among friends or release small tidbits of information."
Education and Labor spokeswoman Rachel Racusen said most Democratic members have been supportive of and impressed by the committee's online operations. "There seems to be growing interest and momentum within the Democratic Caucus to use new media strategies to connect with the American people."
But those on Capitol Hill need to remember that conversations are not unilateral. Bluey noted that when Blunt recently left a tweet about the Democrats' retreat on the Armenian resolution, he forgot his manners.
Within minutes, someone replied, "This Republican is embarrassed by your actions on this." Bluey said that response was a perfect opportunity for Blunt to engage, but instead there was no reply.
Boehner's press shop is quite proud of his early lead in amassing a Twitter following. "In April, Democrats were still pushing their 'slow bleed' Iraq strategy, and we were looking for ways to use new technologies to deliver our message into the hands of interested people," Boehner spokesman Kevin Smith said.
The competition for people's attention these days is intense, he said, so using a technology like Twitter, which only requires a small investment of time, gets constituents "the information they want in the way they want it."
Akin to an omnipresent diary, Twitter will take some practice for most lawmakers to grasp. "Members of Congress are still feeling out this strange medium," Sunlight Foundation Program Director John Wonderlich said.
That may be why outsiders are tweeting about Congress. Citizens are providing updates about House floor action, new laws and some of the work of the Congressional Research Service.
Bluey said, "Based on informal conversations I've had with young people, many aren't even aware of Twitter, let alone the fact that members of Congress are using it."
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Today's Feature:
People Column
Another top aide is leaving the White House. Fran Townsend, the leading terrorism adviser, is resigning after 4-1/2 years.
Every Tuesday, read the People Column by Heather Greenfield.
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E-briefs
International: Later this month, the Congressional Internet Caucus will partner with the University of Oxford's Internet Institute for the first-ever global State of the Net conference in London. The group hosts a similar event every January in Washington. The Nov. 30 summit will bring together legislators from Europe with caucus co-chairs Rick Boucher, D-Va., and Bob Goodlatte, R-Va., as well as government officials, technology executives, academics and representatives from nonprofits. Discussion topics will include telecommunications regulation; intellectual property protection; Internet governance; and securing citizen privacy. Because of the Web's borderless nature, "it is clear that a global dialogue on Internet policy is long overdue," caucus officials said. Caucus Executive Director Tim Lordan said his hope is that the inaugural event "will help foster healthy international dialogue of global Internet policy and promote cross-border cooperation.
Intellectual Property: The Free Software Foundation has established an "expert witness defense fund" to assist people who have been sued by the Recording Industry Association of America for alleged illegal file-sharing. The endowment will help computer experts "defend against the RIAA's attempt to redefine copyright law" in cases against Americans who download music. Ray Beckerman, a lawyer and author of the blog Recording Industry vs. The People, will help advise the project with a group of other attorneys. Beckerman said the campaign "will be an enormous equalizer, enabling the RIAA victims to have technical experts who are not only as good as the RIAA's but ... who will not have a financial interest in the outcome of the case." A spokeswoman for the RIAA said, "While we certainly support individuals' rights to defend their case, the fact remains that we bring action when there is clear and persuasive evidence of infringement."
Campaigns: Presidential contender Barack Obama on Tuesday unveiled an $18 billion education plan that he said would fix mistakes his chief Democratic rivals made when they passed the No Child Left Behind Act in 2002. AP reports that Sen. Obama, an Illinois Democrat, criticized Sen. Hillary Clinton, D-N.Y., and former Sen. John Edwards, D-N.C., for not fully funding the law. While outlining his own education proposal to prepare students for college and to train teachers to lead in classrooms, Obama said the two rivals have not done enough to protect students. An Edwards spokeswoman noted that while in the Illinois Legislature, Obama voted for the state board of education to implement No Child Left Behind. In related news, Obama on Friday introduced a bill, S. 2392, that would establish a Web portal with information on scholarships, fellowships and other programs in science, technology, engineering and mathematics.
Campaigns: Republican presidential contender Rudy Giuliani on Monday pushed the idea of a "virtual" rather than a real fence along much of the U.S.-Mexico border, an issue that is controversial in the Rio Grande Valley where many people oppose construction of a physical fence to stop illegal immigration. AP reports that the former New York mayor said that while a physical fence is needed in some places, most of the border should be policed with high-tech monitoring. He toured the border along the southernmost tip of Texas with state and local officials. Giuliani said his approach could end illegal immigration within three years. He did not specifically address the idea of a fence in the Rio Grande Valley. Opponents, including most local elected officials, say a physical fence would restrict access to the river and hurt their livelihoods, in some cases creating a no-man's land between the river and the fence.
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