Federal Policy Issues

Issue	Impact on Higher Education	EDUCAUSE Policy Position	EDUCAUSE Action
Telecommunications - Issue Brief
Access to Advanced Networks: Broadband Policy Contact: Garret Sern gsern@educause.edu Issue Brief	Ability to provide faculty and students affordable access to information, communication and research services on and off campus. Access to a high-speed Internet connection at 100mbps and higher is essential for higher education institutions to provide distributed/distance education services.	EDUCAUSE calls upon the federal government to develop and implement a national broadband policy that will result in the ubiquitous deployment of broadband networks with a goal ensuring every American has access to symmetrical gigabit Internet speeds.	EDUCAUSE members via the leadership Net@EDU, is articulating higher education principles and goals for affordable, ubiquitous deployment of a national broadband network. Working with association, industry and public interest group partners to help educate federal policymakers on importance of high-speed connectivity for education and research.
CALEA: Communications Assistance for Law Enforcement Act Contact: Wendy Wigen wwigen@educause.edu	If campus systems and networks are required to be CALEA compliant it will increase costs and impact innovation.	EDUCAUSE supports the Court decision (June 9, 2006) that retained the exemption for private networks. It is believed that most campus networks will be fully exempt due to their "private network" status and the fact that they do not support the connection to the ISP.	EDUCAUSE is currently working to help campuses interpret the CALEA Second Report and Order in lieu of the Court decision. Once a campus establishes it's status under CALEA, EDUCAUSE will help provide information on compliance as it becomes available. We will also monitor draft legislation being introduced that would amend the existing CALEA statute.
Municipal Networks Contact: Garret Sern gsern@educause.edu	Working with local government, many campuses extend their networks into the surrounding community. This often provides broadband access to otherwise underserved areas. Laws that restrict this type of project exist, or are being considered, in many states.	EDUCAUSE opposes any state or national law that would impose a blanket ban or a significant impediment to the establishment of municipal networks. We feel they are an option that should be available when commercial providers are unable to provide cost-effective services.	EDUCAUSE strongly supports the rights of municipalities to build and deploy their own networks. We have participated in a broad coalition which has advocated before Congress, the FCC and state legislatures (that were considering anti-muni legislation) of the economic and social benefits of allowing municipalities to choose the proper means of providing Internet access for their citizens without competing with the private sector.
Network Neutrality Contact: Wendy Wigen wwigen@educause.edu	If network neutrality is not reinstated into law, it will impact innovation and raise the cost and feasibility of distance education, telehealth, and online campus business.	EDUCAUSE supports the concept that the Internet should remain open to all persons, applications, and lawful content on a non-discriminatory basis.	EDUCAUSE, working with several partners, is actively advocating network neutrality through Congressional visits, educational materials and interviews with the press. In addition, EDUCAUSE has, and will continue to, suggest possible legislative language that will insure network neutrality.
Spectrum Management Issue Brief Contact: Wendy Wigen wwigen@educause.edu	Spectrum availability; increasing use of wireless devices on campus and involvement in municipal/community wireless projects will be impacted by the spectrum regulation/deregulation process at FCC.	EDUCAUSE supports spectrum management that makes more spectrum available both on and off campus.	Monitor actions at the FCC and sign-on to formal comments by other groups when appropriate; make information available to members as spectrum rules change. Summary of OTARD ruling
Universal Service Contact: Garret Sern gsern@educause.edu	Unfair financial burden to higher education communication networks if USF collection mechanism is changed to a numbers or connections-based approach.	EDUCAUSE supports maintaining the social obligations covered by the USF and encourages the federal-state joint board to develop a more cost-efficient collection mechanism. We encourage allocating USF monies away from legacy telephone services for broadband and other communication technologies that will enable all Americans access to essential information resources.	Supporting ACUTA's study demonstrating the negative impact changes in the USF collection mechanism will have on the higher education community, signing on to ex-parte letters before the FCC. Supporting ACUTA's dialogue with FCC and telecom industry to reach compromise regulations that will ensure USF solvency without resulting in an undue financial burden on colleges and universities.
Cybersecurity and Privacy - Cybersecurity Issue Brief and Privacy Issue Brief
Critical Infrastructure Protection Contact: Rodney Petersen rpetersen@educause.edu	Federal government efforts to improve critical infrastructure protection and implement the Federal Information Systems Management Act (FISMA) may impact higher education's resources and ability to conduct federally funded research.	With their unique social position between the commercial and government sectors, institutions of higher learning have the opportunity to show how critical infrastructure protection and security can be accomplished in a diverse, complex, and dynamic environment while still maintaining essential freedoms. Their leadership can provide a basis for improving the national infrastructure and preclude the need for "top-down," cumbersome, Federal regulation.	The EDUCAUSE/I2 Computer and Network Security Task Force is working to educate the broader community on need for more robust IT security. The EDUCAUSE Policy Office is collaborating with the National Cyber Security Division of the Department of Homeland Security, other federal agencies, and public-private partnerships such as the Partnership for Critical Infrastructure Security and National Cyber Security Partnership on implementation of the National Strategy to Secure Cyberspace. Monitor hearings, legislation and court cases.
Monitoring and Surveillance Contact: Rodney Petersen rpetersen@educause.edu	Logging and monitoring of information systems and networks has become a common practice in the interest of security and for the purposes of pursuing cyber crime. The use of authentication also makes it possible to identify individual users. The combination of electronic records available about individuals create a vast amount of data that must be handled carefully to safeguard privacy and limit requests by third parties beyond the purposes for which the information was originally requested.	EDUCAUSE supports the general intent to improve the security of our networks and systems but in a way that has the least effect on our quality of life. Generally this means insuring the data protections currently allowed by law. Systems should be monitored only as necessary for their proper maintenance and only for activity levels, never for content. In this way, information can be made available to law enforcement through the proper legal channels.	The EDUCAUSE Policy Office will work closely with Net@EDU working groups and others who are developing PKI infrastructures and authentication tools to ensure that they optimize the privacy of individuals. EDUCAUSE will also develop relationships with key government agencies such as the FBI, Department of Justice, National Cyber Security Division of DHS, and others. EDUCAUSE will also develop relationships with non-government entities such as the Electronic Privacy Information Center, Center for Democracy and Technology, Electronic Frontier Foundation, and others to balance privacy concerns with the legitimate needs of law enforcement. EDUCAUSE will also monitor hearings, legislation and court cases.
Identity Theft Contact: Rodney Petersen rpetersen@educause.edu	Security breaches at several colleges and universities, including the theft of laptops containing personally identifiable information, necessitates that colleges and universities be concerned about the possibility for identity theft resulting from these incidents. Many institutions are now turning to identify theft insurance, provide free credit reporting services, and other means to address constituency concerns.	EDUCAUSE will advocate for solutions that protect the rights of individuals in a manner that imposes minimal regulatory burdens upon institutions of higher education. EDUCAUSE will promote effective security practices that minimize the opportunity for identity theft and will supply educational information that can be provided to individuals to both prevent identity theft and provide resources in the event that a security breach does occur.	Explore voluntary efforts to curb the effect of identity theft, including credit monitoring services and insurance. Monitor hearings, legislation, court cases, and educate members.
Privacy Policies and Fair Information Practices Contact: Rodney Petersen rpetersen@educause.edu	The extensive practice of collecting personal information, ranging from prospective students' applications for admission to registrations for special events, necessitates attention to "Fair Information Practices". Some states may already require adherence to Fair Information Practices, whereas, proposals at the Federal level will seek for a national standard for the public and private sectors.	EDUCAUSE encourages institutions to voluntarily develop policies that follow Fair Information Practices and inform users of information systems of their practices for the collection and use of personal information. EDUCAUSE does not support government mandates.	Monitor legislation and court cases; assemble effective practices; educate members.
Data Security and Privacy Contact: Rodney Petersen rpetersen@educause.edu	Security breaches at several colleges and universities, including the theft of laptops containing personally identifiable information, will require institutions to refocus their attention on steps to safeguard information and respond to incidents appropriately. Several states have passed security breach notification laws and multiple proposals are under consideration at the Federal level. There are also proposals that would extend the Gramm-Leach-Bliley security safeguards to all types of consumer information.	EDUCAUSE encourages institutions to eliminate the use of Social Security numbers as their primary identifier. EDUCAUSE will promote effective security practices that ensure the integrity of information and prevent the unauthorized disclosure of confidential or private information. EDUCAUSE does not support legislation and regulation that create unfunded mandates or the imposition of new forms of liability.	Monitor hearings, legislation and court cases. Educating membership on responsibilities and possible changes in the law.
Spyware Contact: Rodney Petersen rpetersen@educause.edu	Network management challenges: bandwidth, storage, security vulnerabilities; compromises to personal information of system users.	EDUCAUSE supports a multi-faceted approach to reducing spyware/adware that includes legislative action by the Federal government, international cooperation, and innovative technological solutions.	Monitor legislation, hearings, and technological developments.
Copyright, Patents, and Intellectual Property - Issue Brief
Copyright and Intellectual Property Contact: Steve Worona sworona@educaue.edu	Higher education's mission depends on faculty, researchers and student's ability to access copyrighted material as permitted under the Constitution and subsequent federal copyright laws which have been updated to reflect the growing use of digital material. As content creators, we also recognize the need for safeguarding the rights of copyright holders to be fairly compensated for their labor.	EDUCAUSE promotes the fair use of online copyrighted materials, while encouraging our community to comply with existing copyright law. We are opposed to any new federal mandates that require specific technologies that restrict the downloading and redistribution of copyrighted material. Instead, we work to provide our community with an understanding of methods to restrict access of copyrighted works to authorized faculty and students as required under the TEACH Act.	EDUCAUSE works closely with our higher education and library association partners to promote legislation that facilitates the legitimate access and use of digital copyrighted materials for educational and research purposes.
Reform of Patent Law Contact: Steve Worona sworona@educaue.edu	Patent law is important to higher education in its role as a consumer of patented products and as owners of patents. Most important to the IT community is the extension of patent intellectual property protection to computer software.	EDUCAUSE supports the development of a patent system which provides substantive review of software patent applications consistent with current knowledge of technological developments and the cautious application of intellectual property law to software products so as not to deter innovation in software production. EDUCAUSE, similar to copyright, supports the rights of authors and inventors to protect their intellectual property and to be fairly compensated for their labor.	EDUCAUSE continues to monitor patent reform legislation and educate its members on how new patent legislation could potentially impact patent protection for software products.
Copyright Infringement and the Value of P2P File Sharing Contacts: Steve Worona sworona@educause.edu	Some peer-2-peer technologies will play a valuable and important role in education and research. The widespread use of other P2P systems to share content in volation of copyright law threatens network resources and poses significant issues of ethics and law.	EDUCAUSE supports the development of innovative peer-2-peer systems in support of research and education. EDUCAUSE also recognizes the responsibility of colleges and universities to support the requirements of the law and to protect its network resources through measures including policy, education, and network management.	Encouraging members to share effective practices on bandwidth management techniques and legitimate uses of P2P technology. Working with joint entertainment-higher education committee seeking balanced approaches to curtailing P2P piracy over university networks.
Federal Investment in Advanced Networking and IT - Issue Brief
Funding for Advanced Networking Research	EDUCAUSE supports increased federal funding designated for networking and information technology-related programs. We seek to educate federal policymakers on the benefits advanced networking and information technology can have for society, justifying increased federal investment in networking and IT research.	Monitoring congressional appropriations, organizing meetings between community leaders and National Science Foundation CISE.
Minority Serving Institutions	NSF Division of Education and Human Resources (EHR) is funding Centers of Research Excellence in Science and Technology (CREST) and up to $16.2M in Federal Cyber-Service scholarships. CISE plans to expand Education, Outreach and Training (EOT) efforts in the area of Cyberinfrastructure.	EDUCAUSE supports federal government programs that fund improvements to information technology at Minority Serving Institutions and other initiatives that promote equity in educational opportunity.	Monitor congressional appropriations, monitor hearings and legislation, and collaborate with members of the Alliance for Equity in Higher Education.
Content Regulation
Sexually-Explicit Materials Contact: Rodney Petersen rpetersen@educause.edu	Pornography, obscenity, and adult materials on campus systems or networks and the protection of minors from indecent materials.	Institutions of higher education are committed to maintaining learning and working environments that are free from illegal forms of harassment. The First Amendment as well as important values such as academic freedom require the free exchange of ideas. The use of computers and networks to display and distribute sexually explicit content should be handled according to existing legal precedent. New laws or regulations should not be introduced that amount to censorship of content or impede scholarship, system or network performance, or access to legitimate networked information.	Monitor legislation and court cases, including use of P2P for dissemination of pornography; identify appropriate campus policies and procedures; educate members about ethical approaches to uphold community standards without use of censorship or other means that impinge upon academic freedom or the First Amendment.
Internet Governance
Dot-EDU Domain Name Contact: Mark Luker mluker@educause.edu	Each accredited educational institution is entitled to a name in the .EDU domain. Effective and efficient electronic communication with and by educational institutions depends on competent administration of the .EDU name-space.		EDUCAUSE manages the .EDU domain under an agreement with the U.S. Department of Commerce. Activities range from day-to-day technical administration of changes in the data defining the .EDU domain to adjudicating policy disputes and overseeing changes in policies governing the .EDU domain.
Internet Governance Contact: Garret Sern gsern@educause.edu	Higher education depends on efficient and robust operation of the global Internet, which, in turn, depends on decisions made by ICANN.	Ensure administration and technical oversight of the Internet remains in the commercial sector, avoiding any unnecessary government oversight. Join industry partners in advocating running of domain name root servers remains under the purview of the United States.	Attend regular ICANN meetings, commenting on ICANN's decisions and policies when appropriate. Part of a broad coalition that supports continued privatization of the Domain Name System before the Department of Commerce.
Internet Access to Public Information Contact: Steve Worona sworona@educause.edu	Higher education thrives on the free flow of information, and the Internet is an important means to that end. Instruction and research are enhanced by easy access to public information.	EDUCAUSE supports making public information available over the Internet in easily accessible non-proprietary formats. This applies especially to information produced by publicly funded activities and organizations.	Monitor hearings and legislation.
Competition and Innovation
Support for Research and Development	Higher educations would benefit from expanded federal R&D funding, targeted research grants, and an increase in H-1B Visas among others.	EDUCAUSE supports the goals and objectives of the National Innovation Act, the PACE (Promoting America's Competitive Edge through Education and Research) Act, and the ACI (America's Competitiveness Initiative).	Monitoring legislation and signing on to letters of support for agency budget increases.
IT Workforce Development	Higher education is both a source of the future IT workforce and a consumer of skilled IT professionals. As the first generation of IT leadership at colleges and universities begin to retire over the next few years, there will be a need for new CIO's, directors, managers, and staff to provide vision and future directions.	EDUCAUSE will advocate for continued and increased funding of programs that support the education of the future IT workforce.	Monitor hearings and legislation. Support budget requests that advance IT education, training, and certification programs. Collaborate with community colleges.
Outsourcing and Offshore Services	The increased demand for skilled IT workers combined with the potential for cheaper labor rates overseas will present opportunities for outsourcing of some IT jobs both domestically and internationally.	EDUCAUSE will support policy proposals that permit colleges and universities to efficiently deliver high quality IT products and services.	Study the impact of the changing demands and availability of the IT workforce. Monitor hearings and legislation.