| Gov. Gilmore Testifies on
Cyber Terrorism |
10/17. The House
Science Committee held at an abbreviated hearing titled
"Cyber Terrorism – A View From the Gilmore
Commission." Virginia
Gov. James Gilmore offered his recommendations for dealing
with the threat of cyber terrorism.
Gov. Gilmore is the Chairman of the Advisory Panel to Assess
Domestic Response Capabilities for Terrorism Involving Weapons
of Mass Destruction. This panel is often referred to simply as
the Gilmore Commission. It is charged with writing three
annual reports on terrorism, weapons of mass destruction, and
cyber terrorism. It issued its second report in December 2000.
See, TLJ story, Advisory
Panel Reports on Cyber Terrorism, December 14, 2000.
Gov. Gilmore offered six recommendations. First, he praised
President Bush's Executive
Order of October 16 creating an interagency cyber security
panel with representatives of federal agencies.
Second, he recommended that Congress create an independent
advisory body, similar to the Gilmore Commission, to evaluate
programs designed to promote cyber security and recommend
strategies to the President and Congress.
Third, he recommended "an unprecedented partnership
between the public and private sectors. Sharing of
intelligence and real time information concerning impending or
on-going cyber attacks will be critical. The private sector
has legitimate concerns about their customers' privacy and
confidence, as well as the value of their own proprietary
information and earnings." He recommended the creation of
a not for profit entity that can represent the interests of
all affected stakeholders.
Fourth, he recommended the establishment of a special
"Cyber Court" patterned after the court established
in the Foreign Intelligence Surveillance Act (FISA). He
elaborated that "prosecutors and investigators are often
impeded in the enforcement process because the lack of
effective procedures and understanding by many in the
judiciary concerning the nature and urgency of cyber
security."
Fifth, he recommended creation of "an entity to develop
and implement a comprehensive plan for research, development,
test and evaluation of processes to enhance cyber security in
the same manner as we must do for other potential terrorist
attacks."
Sixth, he recommended that "all government agencies
continue their Y2K offices as 'cyber security offices.' "
Rep. Sherwood
Boehlert (R-NY), the Chairman of the Committee, stated
that "What the recent anthrax attacks and the attacks of
September 11 have in common is that they turn our own basic
systems of daily connections against us -- in those cases, the
postal system and the transportation systems. Turning our
computer systems against us would seem a logical extension of
that mode of operation." Rep. Boehlert also singled out
Gov. Gilmore's research and development recommendation as
"music to our ears." He said that the Committee is
working on related legislation.
The Committee's hearing was cut short to facilitate closure of
the House due to biological threats. Following Gov. Gilmore's
testimony, Rep. Boehlert, Rep.
Ralph Hall (D-TX), and Rep. Vernon Ehlers
(R-MI), made brief statements praising his recommendations.
Other Committee members did not speak, and no questions were
asked. The hearing will be completed at a later date. |
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| Al Qaeda and Cyber
Terrorism |
10/17. Gov. Gilmore stated in his testimony to the House
Science Committee that "many people questioned whether
nation states or rogue terrorists had the capability to
disrupt our critical infrastructures on a wide scale. Since
September 11, we must presume that they do."
Gov Gilmore told TLJ after the hearing that he believes that
bin Laden's Al Qaeda organization is capable of launching
cyber attacks, but he has no specific intelligence. He stated:
"They are militarily organized. They have shown
themselves capable of setting themselves up in a very
sophisticated way in a variety of nation states. And, they
have demonstrated that they have the money, and financing to
have access to major preparation and equipment. Therefore, you
must assume that this knowledge of computers and information
technology is available and can be purchased, and therefore,
can be used as an attack. Yes. So, we don't have any
intelligence, but logically you must conclude that." |
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| Rep. Hansen Opposes
Reallocation of Military Spectrum for 3G |
10/16. Rep. James
Hansen (UT) said in the House that "the continued
viability of some of the very weapons systems being used now
is threatened by a concerted effort to reallocate portions of
the radio frequency spectrum from the military to the
commercial sector." He is a senior member of the House Armed Services
Committee.
He continued that "This effort is being led by the
telecommunications industry, which is seeking access to
additional frequencies to support development of advanced
wireless services. They have vigorously argued that unless the
Federal Government provides access to the 1755 through 1850
megahertz frequency band, the United States will forfeit its
leadership of the worldwide telecommunications market."
He concluded: "Now, I do not pretend to know whether this
claim is true or not, but I do know that forcing the military
to give up this particular part of the frequency spectrum will
have a significant negative effect on national security and
will put our service members at greater risk ... We have a
solemn obligation to protect the people of the United States,
and no argument from any special interest group will change
that. So do not even think about asking for access to military
frequencies. The answer is no and will stay no." |
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| Rep. Ehlers Advocates
Treating Hackers As Terrorists |
10/17. Rep. Vernon
Ehlers (R-MI), a senior member of the House Science Committee,
stated at the Committee's hearing on cyber terrorism on
October 17 that hackers should be treated the same as
terrorists.
He praised all of the recommendations advanced by Gov. Gilmore
regarding dealing with cyber terrorism, but added that
"hackers should also be considered terrorism, and the
penalties that hackers get should be commensurate with
terrorist activity, and not considered vandalism and
pranks."
Rep. Ehlers made this statement at the close of the
Committee's hearing, which was cut short to facilitate closure
of the House because of biological threats. Because of the
closing, his remarks were brief, and he was not afforded the
opportunity to question Gov. Gilmore about this view.
18 U.S.C. §§ 2332 and 2332b provide criminal penalties for
terrorism. These sections currently provide for up to life
imprisonment for homicide and kidnapping offenses, and up to
25 years imprisonment for damaging property. Attempts and
conspiracies to commit terrorist crimes are punished as though
the offense had been completed. Anti terrorism bills which
have passed the House and Senate would amend and enhance the
anti terrorism laws. |
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| House Passes Anti Money
Laundering Bill Without Internet Gambling Provisions |
10/17. The House passed HR
3004, the Financial Anti Terrorism Act , by a vote of 412
to 1. See, Roll
Call No. 390. The sole vote in opposition was cast by Rep. Ron Paul (R-TX).
The version of the bill just approved by the House deleted the
provisions contained in the version adopted by the House Financial
Services Committee on October 11 that would have barred
the use of credit, credit cards, or electronic funds transfers
in connection with illegal Internet gambling. See, committee
version [PDF], at §§ 307 and 308.
The Senate passed it anti money laundering bill last week as a
part of its anti terrorism package, S 1510,
the USA Act. The House anti terrorism bill, HR 2975, the
PATRIOT Act, does not include anti money laundering
provisions. For this reason, and because of other differences
between the two anti terrorism packages, a conference
committee must resolve the differences. |
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| Charles James Advocates
Global Competition Network |
10/17. Charles James, Assistant Attorney General in charge
of the Antitrust Division,
gave a speech
in Paris titled "International Antitrust in the 21st
Century: Cooperation and Convergence." He reviewed the
history of cooperation between nations in antitrust
enforcement, and advocated development of the Global
Competition Network.
Referring to the General Electric - Honeywell matter, he
stated that "we have come to understand that cooperation
alone will not resolve some significant areas of difference
among antitrust regimes that must be addressed if we are to
maintain the integrity of antitrust on a global stage."
He stated that "because both markets and firms are
becoming increasingly global, antitrust agencies increasingly
are finding that they are reviewing mergers that are also
being reviewed by five, ten, or twenty other agencies around
the world. When transactions are reviewed by multiple
authorities, the risk of substantive and procedural conflicts
can increase dramatically, and effective cooperation among a
large number of agencies can be extraordinarily
difficult."
He added that "We support the proposed Global Competition
Network (GCN) ... a venue where senior antitrust officials
from developed and developing countries formulate and develop
consensus on proposals for procedural and substantive
convergence in antitrust enforcement." |
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| More News |
10/17. USTR Robert
Zoellick gave a speech
at the Asia Pacific Economic Cooperation (APEC) forum in
Shanghai, China.
10/17. The Senate
Commerce Committee approved by voice votes the nominations
of Phillip Bond to be Under Secretary for Technology,
at the Department of Commerce, and John Marburger to be
Director of the Office of Science and Technology Policy. See, release.
10/17. The House
Government Reform Committee's Subcommittee on Technology
and Procurement Policy postponed its hearing titled
"Turning the Tortoise Into the Hare: How the Federal
Government Can Transition From Old Economy Speed to Become a
Model for Electronic Government." The House adjourned on
October 17 due to biological threats. The hearing had been
scheduled for 2:00 PM. |
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Copyright 1998 - 2001 David Carney, dba Tech Law Journal. All
rights reserved. |
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| Congress Adjourns for
Several Days |
| 10/17. The House adjourned midday on October 17 until 12:30
PM on Tuesday, October 23, 2001. All House office buildings in
the Capitol complex are closed. The Hart, Dirksen and Russell
Senate Office Buildings closed late on October 17, and will
remain closed through Sunday, October 21. The purpose of the
closures is to allow environmental, law enforcement, and
medical officials to test for the presence of biological
threats. |
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| Thursday, Oct 18 |
Day one of a three day conference of the American
Intellectual Property Law Association (AIPLA). Location:
Crystal Gate Marriott Hotel, 1700 Jefferson Davis Highway,
Arlington, Virginia.
9:00 AM - 12:30 PM. The Center
for Strategic and International Studies (CSIS) will host a
half day conference titled Strengthening Homeland
Cyberdefense. The speakers will include Sen. Robert Bennett
(R-UT), Rep. Sherwood
Boehlert (R-NY), Ron Dick (NIPC Director). See, CSIS notice.
Location: CSIS, 1800 K Street, NW, B-1 conference level,
Washington DC.
POSTPONED. 9:30
AM. The House
Commerce Committee's Subcommittee on Telecommunications
and the Internet will hold a hearing titled Transition to
Digital Television: Progress on Broadcaster Buildout and
Proposals to Expedite Return to Spectrum.
9:30 AM. The U.S.
Court of Appeals for the District of Columbia Circuit will
hear oral argument in Celtronix Telemetry v. FCC, No.
00-1400. Judges Ginsburg, Williams and Henderson will preside.
Location: 333 Constitution Ave., NW, Washington DC.
9:30 - 11:30 AM. The American
Enterprise Institute (AEI) will host another program in
its Seminar Series in Telecommunications Deregulation. This
event is titled "On Refusing to Deal with Rivals."
The speaker will be Glen
Robinson of the University of Virginia School of Law.
Location: AEI Wohlstetter Conference Center, Twelfth Floor,
1150 17th Street, NW, Washington DC.
POSTPONED. 10:00
AM. The House
Judiciary Committee's Subcommittee on Courts, the
Internet, and Intellectual Property will hold a hearing titled
Intellectual Property Litigation.
12:00 NOON. The Heritage
Foundation will host a panel discussion titled Freedom
and Security: Preserving Constitutional Liberties in Times of
War. The speakers will be Jennifer Neustead (Office of
Legal Policy, DOJ), Lee Casey (Baker & Hostettler), Todd
Gaziano (Heritage), and Ed Meese (Heritage). Location:
Heritage Foundation, 214 Massachusetts Ave NE, Washington DC.
POSTPONED TO OCT 25. 2:00
PM. The Senate
Judiciary Committee will hold hearings on pending
nominations.
2:30 - 4:00 PM. The American
Enterprise Institute (AEI) will host a panel discussion
titled Trade Promotion Authority -- What's the Bottom Line
for Congress? The speakers will be Jagdish Bhagwati
(Columbia University), I.M. Destler (University of Maryland),
Brink Lindsey (Cato Institute), and Daniel Tarullo (Georgetown
University). See, online
registration page. Location: AEI Wohlstetter Conference
Center, Twelfth Floor, 1150 17th Street, NW, Washington DC.
6:30 PM. The New Republic will host a panel discussion titled Security
v. Liberty: Is There a Choice? The speakers will be James
Woolsey (a former CIA Director), Rep. Bob Barr (R-GA),
Marc Rotenberg (EPIC), Fred
Cate (University of Indiana), and Jeffrey Rosen (The New
Republic). Location: Holman Lounge, National Press Club, 529 14th
Street, NW, Washington DC. |
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| Friday, Oct 19 |
Day two of a three day conference of the American
Intellectual Property Law Association (AIPLA). Location:
Crystal Gate Marriott Hotel, 1700 Jefferson Davis Highway,
Arlington, Virginia.
9:30 AM. The National
Association of State Boards of Education (NASBE) will hold
a press conference to release a report titled "Any Time,
Any Place, Any Path, Any Pace: Taking the Lead on e-Learning
Policy." For more information, contact Dave Griffith at
703-684-4000. Breakfast will be served at 9:00 AM. See, NASBE
release. Location: Lisagor Room, National Press Club, 529 14th
Street, NW, Washington DC. |
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| Copyright Office Closes |
| 10/17. The Library of Congress, which includes the Copyright Office,
announced that "All Library of Congress buildings will be
closed to the public and staff beginning Thursday, October 18
until such time as testing of the air supply systems is
completed by the Centers for Disease Control. Although there
is no evidence of the anthrax bacteria in any part of the
Library of Congress, the buildings are being closed as a
precautionary measure. These tests are being conducted on all
Capitol Hill complex buildings. Library officials are
estimating that the Library will reopen on Tuesday, October
23." |
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| FCC Restricts Deliveries |
| 10/17. The FCC issued two releases on October 17 pertaining
to the filing of documents with the FCC. One
release states that "Effective October 18, 2001, the
Commission will no longer accept hand delivered or messenger
delivered paper filings at its headquarters location, 445 -
12th Street, SW, Washington, DC 20554. The due date for any
filings due at the Commission Thursday October 18, 2001, or
Friday October 19, 2001, is hereby extended to Monday, October
22, 2001." A second
release states that "The staff at the Secretary's
filing counter will not accept documents enclosed in
envelopes. Any filer or messenger carrying such documents into
the Commission's building will be asked to leave the building
and dispose of the envelope in a receptacle that will be
placed outside the building. Once this is done, the filer or
messenger will be allowed to proceed to the filing
counter." |
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