November 3rd, 2008

Posted by Jason Hiner

Because there is so much at stake in the direction of the United States’ economy, health care system, and energy policies, technology issues have taken a back seat in the 2008 presidential election.

Nevertheless, there are currently a host of critical technology concerns on the table in Washington, and the next U.S. chief executive will have the opportunity to significantly influence these concerns, all of which will have major implications on the direction and development of the U.S. technology sector over the next decade.

Below are what I consider to be the five most important technology policy issues – ranked in order – followed by the list of positions from the two candidates.

1. Net Neutrality – This proposed legislation would guarantee that telecommunications providers cannot control, prioritize, or filter the types of applications and content that Internet customers use. It demands that Internet Service Providers act as good stewards of the Internet, rather than monopolists.

2. Broadband development – The U.S. is increasingly lagging behind other developed nations in the penetration and affordability of high-speed broadband. There are some complicated reasons for this (included the widespread geography of the U.S.), but a lot of it is due to lack of competition and over-consolidation due to current U.S. policies and regulations. Broadband Internet is a major economic enabler and it demands much more serious and proactive policies from Washington.

3. R&D tax credits – The U.S. research and development tax credit expired in December 2007 for the 13th time since 1981. In October, Congress finally extended the basic R&D tax credit through 2009, but lawmakers continue to resist making it permanent. The country that is home to Apple, Microsoft, Google and a host of other tech innovators that export American technologies throughout the world needs to incent these tech companies to keep their primary innovation work on these shores.

4. H1B Visas – While the K-12 education system in the U.S. continues to struggle to keep up with the rest of the world, the U.S. higher education systems remains a bright spot that attracts many of the world’s most talented students. The H1B Visa program helps keep many of those students in the U.S. after they graduate by providing them with Visas if they land jobs here. While the execution of this program has led to employers abusing it in some cases, it remains a necessary program for high tech companies to hire the engineers and computer scientists they need.

5. Green tech – If the U.S. were a business run by a CEO and a board of directors, it is very likely that they would look at the current market opportunities and determine that the best places for the U.S. to innovate and invest for the future would be in energy conservation and the development of alternative energy sources to oil. This field is often referred to as “green tech” and it requires a huge investment of capital. Unfortunately, the current economic downturn will likely limit private donors and venture capitalists from investing as much money here, so tax breaks and federal government funds will be needed to stimulate growth and push the U.S. toward a global leadership position.

John McCain on tech

Net Neutrality

McCain is an opponent of Net Neutrality, believing that it is unnecessary government intervention. As his official campaign material states, “John McCain does not believe in prescriptive regulation like ‘net-neutrality,’ but rather he believes that an open marketplace with a variety of consumer choices is the best deterrent against unfair practices.”

McCain’s point is well taken but there currently isn’t enough competition to make this work, because of the massive consolidation in telecommunications. If McCain were proposing new and specific ways to foster more competition in the ISP market then his rebuttal of Net Neutrality would be understandable, but he doesn’t.

Broadband development

One of the biggest problems in the U.S. broadband business is the lack of the kind of competition that McCain would like to see to make Net neutrality unnecessary. Unfortunately, McCain, as chair of the Senate Commerce committee, is one of the lawmakers to blame for allowing the telecommunications consolidation that is at the heart of the problem.

On the other hand, McCain sponsored the “Community Broadband Bill” that allows local governments to become ISPs when private companies fail to offer decent services in their localities. In several areas this has been very effective and it is certainly a legitimate part of the solution to stronger broadband development.

McCain has promised to identify un-served and underserved communities (especially rural areas) and offer government-backed loans, low-interest bonds, and tax credits to companies that bring broadband to these communities, as well as those that offer broadband services to low-income households. McCain has also pledged to support more telecommuting in the federal government.

R&D tax credits

McCain’s materials say, “A top priority needs to be putting private capital to work in research and development. As President, John McCain will establish a permanent Research and Development (R&D) tax credit equal to 10 percent of wages spent on R&D. Offering a tax credit for R&D wages will encourage the creation of innovation-driven jobs in the United States.”

However, the current (temporary) R&D tax credit is 14% so McCain’s proposal would be a decrease.

H1B Visas

McCain would make the big U.S. tech companies very happy by potentially growing the number of H1B Visas that the U.S. has to offer. Here’s his official line: “John McCain will expand the number of H-1B visas to allow our companies to keep top-notch talent — often trained in our graduate schools — in the United States. The Department of Labor should be allowed to set visa levels appropriate for market conditions. Hiring skilled foreign workers to fill critical shortages benefits not only innovative companies, but also our economy.”

McCain has been a co-sponsor of supportive H1B legislation in the past and has voted to raise the cap on H1Bs multiple times.

Green tech

Unlike many members of his party, McCain is a strong believer in global warming and climate change. In August he said, “The fact is climate change is real. The debate should have been over.” He has made energy independence one his top priorities, although some of his energy proposals are environmentally friendly and others are not.

He supports off-shore drilling and an increase in nuclear power – both of which can have a negative environmental impact. On the other hand, he disagrees with his own running mate about drilling for oil in the Alaskan Wildlife Refuge because he doesn’t think it can be done in an ecological manner.

As far as Green tech specifically, McCain has stated, “Green jobs and green technology will be vital to our economic future. There is no reason that the U.S. should not be a leader in developing and deploying these new technologies.”  However, McCain has not allocated a significant chunk of his potential energy budget to green tech.

Barack Obama on tech

Net Neutrality

This is the one issue where Senator Obama offers the biggest contrast to Senator McCain. Obama has been a repeated and unequivocal supporter of Net Neutrality. Here’s his official line: “A key reason the Internet has been such a success is because it is the most open network in history. It needs to stay that way. Barack Obama strongly supports the principle of network neutrality to preserve the benefits of open competition on the Internet.”

Obama is very unlikely to change his stance on this subject. He’s even been on the Google campus to tout his Net Neutrality position.

Broadband development

Obama talks intelligently and says all the right things about this issue – like he does on most issues – but he does not have an extensive legislative record on broadband policy and it’s unclear how much of a priority championing broadband development would be in a potential Obama administration.

His official statement is “As a country, we have ensured that every American has access to telephone service and electricity, regardless of economic status, and I will do likewise for broadband Internet access. Full broadband penetration can enrich democratic discourse, enhance competition, provide economic growth, and bring significant consumer benefits. Moreover, improving our infrastructure will foster competitive markets for Internet access and services that ride on that infrastructure. Market forces will drive the deployment of broadband in many parts of the country, but not all. To get true broadband deployed in every community in America, we need to reform the Universal Service Fund, make better use of the nation’s wireless spectrum, promote next-generation facilities, technologies, and applications, and provide new tax and loan incentives.”

Again, that sounds great. But would it be a priority, and would it be affordable? I’m not quite sure where he’s going with the proposal to improve federal infrastructure to support universal broadband. His principal of making broadband cialis 5mg side effects the next utility to join phone and power is a great idea, but it would likely need to be a long-term vision since the U.S. will certainly be faced with short-term budget challenges in the next administration.

R&D tax credits

Obama’s campaign material states, “Barack Obama wants investments in a skilled research and development workforce and technology infrastructure to be supported here in America so that American workers and communities will benefit. Obama and Biden want to make the Research and Development tax credit permanent so that firms can rely on it when making decisions to invest in domestic R&D over multi-year timeframes.” Unlike McCain, Obama doesn’t say the percentage he would set for the R&D tax credit.

However, there could be political pressure that would work against Obama keeping this promise. The opponents of R&D tax cuts demonize the program as federal handouts to big business. On the campaign trail, Obama has railed against Republican tax policies giving out tax breaks to the wealthy and big corporations. It could be politically difficult for Obama to justify R&D tax cuts unless he can find a way to sell it as something that benefits the average American worker.

H1B Visas

Obama does not put emphasis on his H1B Visa policy as part of his technology plan, but in an interview he stated, “I will support a temporary increase in the H-1B visa program as a stopgap measure until we can reform our immigration system comprehensively. I support comprehensive immigration reform that includes improvement in our visa programs, including our legal permanent resident visa programs and temporary programs including the H-1B program, to attract some of the world’s most talented people to America. We should allow immigrants who earn their degrees in the U.S. to stay, work, and become Americans over time.”

This is minimal support for the H1B Visa program and that fits with the kind of protectionist rhetoric that Obama has been using on the campaign trail as he has talked about creating more jobs for American workers here at home.

Green tech

Obama has repeatedly stated that energy independence would be his top priority, if elected. His plan is to create five million new “green collar” jobs in a new alternative energy industry that he would fund with a $150 billion investment over 10 years to stimulate private investment in a future powered by clean energy and driven by American innovation. He also makes to make energy efficiency and conservation a national priority.

Although McCain talks about a lot of the same goals, he’s not proposing anywhere near the amount of investment that Obama wants to put into his clean energy crusade.

Final verdict

In terms of rating the candidates on my top five issues, I would give John McCain the nod for being the stronger candidate in R&D tax cuts and H1B Visas, while I think Barack Obama would be better when it comes to Net Neutrality and Green tech. That leaves Broadband development as the tie breaker.

Obama has a broader vision for broadband by thinking of it as the next standard utility, like electricity and the telephone, but McCain has a track record of smaller legislative victories that have helped drive progress. Ultimately, I think this issue hinges on which candidate will better foster an atmosphere of true competition in the broadband business, and neither of these two inspire a lot of confidence there.

McCain thinks the free market alone will solve most of the problems and Obama relies too heavily on government regulation and intervention, when what’s needed is just-enough government regulation to ensure free market competition.

However, since McCain has presided over massive consolidation in the broadband market, and Obama is more likely to bring back and enforce the Clinton-era 1996 Telecommunications Act, which forced the telecoms to open up their lines to smaller resellers, Obama wins this one by a nose and that also gives him the overall nod as the candidate that could potentially have a stronger impact on the technology industry.

There are also a few other secondary factors that help tilt this in Obama’s direction:

• If elected he plans to appoint the nation’s first Chief Technology Officer (CTO)
• His first sponsored bill that became law was “Google for Government,” which shows his interest in technology
• In a recent interview Obama said he’d like to take what he and his team have learned about using technology in the campaign and apply it to government. He was primarily referring to electronic communications.
• The fact that he’s talked about making electronic medical records a key part of his health care plan (as a way to drive efficiency) shows that he generally views technology as a powerful enabler

This is not an official TechRepublic endorsement of Senator Obama. I would not expect anyone — even techies — to base their vote on the next U.S. leader solely on these issues. However, for those of us who make a living in the technology space and have so much invested in its future development, we should all be well-informed about where the candidates stand on the legislative, regulatory, and investment issues that will dramatically affect the technology industry in the critical years ahead.

September 17th, 2008

Posted by Ryan Naraine

On the heels of media reports that Republican vice presidential candidate Sarah Palin was using a private Yahoo e-mail account (gov.palin@yahoo.com) to conduct Alaska state business, hackers have broken into the account and posted evidence of the hijack on Wikileaks.

An activist group calling itself ‘anonymous’ claimed responsibility for the compromise and released screenshots, photographs and the e-mail addresses of several people close to Palin, including her husband Todd and assistant Ivy Frye.

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Here’s the announcement from Wikileaks:

Circa midnight Tuesday the 16th of September (EST) Wikileaks’ sources loosely affiliated with the activist group ‘anonymous’ gained access to U.S. Republican Party Vice-presidential candidate Sarah Palin’s Yahoo email account gov.palin@yahoo.com. Governor Palin has come under criticism for using private email accounts to avoid government transparency mechanisms. The zip archive made available by Wikileaks contains screen shots of Palin’s inbox, example emails, address book and two family photos. The list of correspondence, together with the account name, appears to re-enforce the criticism.

The list of e-mails include an exchange with Alaskan Lieutenant Governor Sean Parnell about his campaign for Congress and an e-mail from Amy McCorkell, whom Palin appointed to the Governor’s Advisory Board on Alcoholism and Drug Abuse in 2007.

Wired’s Threat Level reports that McMcCorkell confirmed that she did send the e-mail to Palin.

Following the release of this story, both Sarah Palin’s better known account gov.sarah@yahoo.com and the gov.palin@yahoo.com account have been suspended or deleted as revealed by a test email sent to these addresses by Wikileaks. Although the reasons for the deletion of both accounts can not not yet be established, one interpretation is that Palin is trying to destroy her email records.

Wikileaks said it may release additional e-mails should they prove be of political substance.

Here’s one screenshot of an e-mail released by the group.

August 25th, 2008

Posted by Sam Diaz

If you think no one will ever know about the Web sites you were surfing last night, guess again. It may not be your spouse, your boss or a cop – but there’s growing interest in what sort of data your Internet Service Provider is collecting about your viewing habits.

As for me, I just finished reading a very interesting piece by my former Washington Post colleague Rob Pegoraro, who wrote about “deep packet inspection.” Given the technology that’s out there, monitoring Web usage has grown beyond cookies on your computer to data scouring on your ISP’s servers. Rob writes:

Peering inside the digital packets of data zipping across the Internet — in real time, for tens of thousands of users at once — was commercially impractical until recently. But the ceaseless march of processing power has made it feasible. Unsurprisingly, companies have been trying to turn this potential into profit. By tracking users’ Web habits this closely, they can gain a much more detailed picture of their interests — and then display precisely targeted, premium-priced ads. Equally unsurprising, these attempts have become a public-relations tar pit for Internet providers that experimented with this technology without giving users fair warning.

In a recent hearing on Capitol Hill, lawmakers asked dozens of providers if they had used deep packet inspection and most said they had not. But a couple, including Washington Post-owned Cable One, said it had tested it using a service provided by Redwood City-based NebuAd. Of course, everyone is saying that privacy has been respected and that personal and sensitive matters – emails, financial transactions and so on – were stripped from the data first. But how do we know? I mean, we don’t even necessarily know if our usage patterns are being monitored.

I guess I already know I’m being watched. As a Gmail user, there are ads related to the topics in my e-mail conversations. And yet, I’m OK with that. But this data packet level of inspection is just so far out of my control that it’s a bit unnerving. Case in point: If I don’t like the Gmail ads, I can stop using Gmail and go another route for my mail services. I make that decision and I control it. In the case of deep packet inspection, my ISP holds the key – not me. Rob uses an excellent analogy in his column:

Tracking via cookies is the rough equivalent of a supermarket clerk noting that you spend a lot of time in Aisle 9 checking out cereal but never duck into Aisle 2 for frozen dinners. Deep packet inspection, by contrast, is more like the clerk following you to see which boxes of cereal you eyeballed — and doing so at every store you visit, even those run by propecia persistence program other companies.

I try to surf the Web without paranoia and, if anyone was tracking my usage, they’d probably think I’m on tech news overload or would wonder why on Earth an educated adult subscribes to ridiculously sophomoric YouTube vlogs. (Hey, it’s the same reason I watch South Park – we all need a break, right?) I have no immediate problems with the idea of deep packet inspection. I think I would just like to know when and if it’s happening. And I think I’d want the option to opt-out or at least be compensated in some way for the valuable advertising data I’m providing about myself.

A week for two in Hawaii would be nice but I’d probably settle for a discount on my monthly ISP bill.

No Suspicion Required Under DHS Policies

Federal agents may take a traveler's laptop or other electronic device to an off-site location for an unspecified period of time without any suspicion of wrongdoing, as part of border search policies the Department of Homeland Security recently disclosed.

Also, officials may share copies of the laptop's contents with other agencies and private entities for language translation, data decryption or other reasons, according to the policies, dated July 16 and issued by two DHS agencies, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement.

"The policies . . . are truly alarming," said Sen. Russell Feingold (D-Wis.), who is probing the government's border search practices. He said he intends to introduce legislation soon that would require reasonable suspicion for border searches, as well as prohibit profiling on race, religion or national origin.

DHS officials said that the newly disclosed policies — which apply to anyone entering the country, including U.S. citizens — are reasonable and necessary to prevent terrorism. Officials said such procedures have long been in place but were disclosed last month because of public interest in the matter.

Civil liberties and business travel groups have pressed the government to disclose its procedures as an increasing number of international travelers have reported that their laptops, cellphones and other digital devices have been taken — for months, in at least one case — and their contents examined.

The policies state that officers may "detain" laptops "for a reasonable period of time" to "review and analyze information." This may take place "absent individualized suspicion."

The policies cover "any device capable of storing information in digital or analog form," including hard drives, flash drives, cell phones, iPods, pagers, beepers, and video and audio tapes. They also cover "all papers and other written documentation," including books, pamphlets and "written materials commonly referred to as 'pocket trash' or 'pocket litter.' "

Reasonable measures must be taken to protect business information and attorney-client privileged material, the policies say, but there is no specific mention of the handling of personal data such as medical and financial records.

When a review is completed and no probable cause exists to keep the information, any copies of the data must be destroyed. Copies sent to non-federal entities must be returned to DHS. But propecia daily dose the documents specify that there is no limitation on authorities keeping written notes or reports about the materials.

"They're saying they can rifle through all the information in a traveler's laptop without having a smidgen of evidence that the traveler is breaking the law," said Greg Nojeim, senior counsel at the Center for Democracy and Technology. Notably, he said, the policies "don't establish any criteria for whose computer can be searched."

Customs Deputy Commissioner Jayson P. Ahern said the efforts "do not infringe on Americans' privacy." In a statement submitted to Feingold for a June hearing on the issue, he noted that the executive branch has long had "plenary authority to conduct routine searches and seizures at the border without probable cause or a warrant" to prevent drugs and other contraband from entering the country.

Homeland Security Secretary Michael Chertoff wrote in an opinion piece published last month in USA Today that "the most dangerous contraband is often contained in laptop computers or other electronic devices." Searches have uncovered "violent jihadist materials" as well as images of child pornography, he wrote.

With about 400 million travelers entering the country each year, "as a practical matter, travelers only go to secondary [for a more thorough examination] when there is some level of suspicion," Chertoff wrote. "Yet legislation locking in a particular standard for searches would have a dangerous, chilling effect as officers' often split-second assessments are second-guessed."

In April, the Ninth Circuit U.S. Court of Appeals in San Francisco upheld the government's power to conduct searches of an international traveler's laptop without suspicion of wrongdoing. The Customs policy can be viewed at: here.

August 4th, 2008

Misuse of Computer Crime Law Could Turn Millions of Americans into Federal Criminals

San Francisco – The Electronic Frontier Foundation (EFF) and a coalition of academics and public policy groups are urging a judge to dismiss computer crime charges in a case with dangerous ramifications for millions of people who use the Internet.

The defendant in the case, Lori Drew, is charged with violating the Computer Fraud and Abuse Act (CFAA) by using a fictitious name and age on a MySpace account and using that account to make hurtful comments to a teenage girl. Tragically, the girl later took her own life. Federal prosecutors claim Drew broke federal law by violating MySpace's terms of service and that the MySpace communications were responsible for the girl's death. In an amicus brief filed Friday, EFF argues that criminal charges for a terms of service violation is a dramatic misapplication of the CFAA with far-ranging consequences for American computer users.

"This is a novel and unprecedented response to what everyone recognizes as a tragic situation," said EFF Civil Liberties Director Jennifer Granick. "The CFAA is aimed at penalizing computer trespassers, but under the government's theory, the millions of people who disregard — or don't read — the terms of service on every website they visit could face computer crime charges. That's a big blank check to give federal prosecutors."

For example, this interpretation of the law would attach criminal penalties to anyone under the age of 18 who uses the Google search engine, because Google's terms of service specify all users must propecia daily dosage be of legal age to enter into a contract.

"Websites' terms of service are notoriously frivolous and overreaching, often hard to find, and routinely written in legalese bound to confuse a non-lawyer. Many courts have found them unenforceable in civil cases. They certainly should not be the basis for a criminal prosecution," said Granick

EFF's amicus brief was also signed by the Center for Democracy and Technology, Public Citizen, and 14 individual faculty members of law schools across the country.

For the full amicus brief:
http://www.eff.org/files/filenode/US_v_Drew/Drew_Amicus.pdf

Contact:

Jennifer Stisa Granick
Civil Liberties Director
Electronic Frontier Foundation
jennifer@eff.org