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Clips November 19, 2003



Clips November 19, 2003

ARTICLES

U.S. and Canada Sign Accord To Regulate Internet Drug Sales
Overture cleans up its drug ad policy
Bush pushes for cybercrime treaty
Group wants phone number plan put on hold
SCO plans more Linux lawsuits
Computer upgrade causes child support delay
FAA reorganization will alter IT purchases
Congress plans report cards on cybersecurity
Nanotechnology R&D bills move through Congress
Think Tank Wants Public's Help in 'Spyware' Fight

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Washington Post
U.S. and Canada Sign Accord To Regulate Internet Drug Sales
By DeNeen L. Brown
Wednesday, November 19, 2003; Page A23

TORONTO, Nov. 18 -- U.S. and Canadian officials signed an agreement Tuesday to collaborate on the regulation of Canada's Internet pharmacy industry, which is selling millions of dollars of low-priced prescription drugs to U.S. consumers.

Food and Drug Administration officials came to Canada to ask their Canadian counterparts to find ways to ensure the safety of drugs sent to the United States. "In both Canada and the United States, drugs must be proven to be safe and effective in order to be legal," FDA Commissioner Mark McClellan said at a news conference in Ottawa. "We don't make any assumptions that drugs are safe. There's too much potential for snake oil, or worse, in Americans or Canadians getting unsafe drugs if we don't have strong regulatory protections in place."

Under the agreement, the two countries said they would share information about prescription drugs and attempt to work together to ensure the quality of drugs being sold.

"We have seen lots of examples of unsafe drugs coming into the United States from Canada, unapproved medicines, medicines that were not stored properly, medicines dispensed in the wrong amount or without proper physician labeling," McClellan said. "Other problems like this have caused federal judges in the United States to declare that there are real safety problems here and to take action to shut down some of these operations."

Diane Gorman, the assistant health minister, said Canada was investigating a number of cases raised by the FDA. "At this point in time, we don't have evidence of Canadian law being broken," Gorman said. "When we do have evidence of Canadian law being broken, we will act accordingly."

Canada has been under increasing pressure from the Bush administration and the U.S. pharmaceutical industry to halt the flow of drugs to the United States from Canadian Internet pharmacies. Increasing numbers of Americans are seeking to buy prescription drugs at cheaper prices in Canada at a time when the high cost of drugs is being debated in Congress. The governors of several states are exploring options for holding down the spiraling costs of prescriptions, including the purchase of drugs from Canada, where the government controls prescription pricing.

"We are getting pressure," said Andy Troszok, vice president of standards for the Canadian International Pharmacy Association, formed last year to represent licensed Canadian pharmacies that provide prescription drugs to Americans. "The multinational pharmacy companies are threatening our government; if we don't shut this industry down, the [U.S.] pharmaceutical companies will stop sending drugs to Canada," he said.

Last week, Canada's National Association of Pharmacy Regulatory Authorities, a group that represents provincial regulators, asked the Canadian government to temporarily halt the sale of prescription drugs to the United States.

Earlier this month, Health Canada, the nation's health department, warned that growing sales by Internet pharmacies created "the potential for drug shortages domestically."

"Health Canada regards this as a very serious matter due to the inherent risk to Canadians' health," Gorman said.

Health Canada officials defended the quality of drugs sold in Canada. "It's very clear that Canada's safety record is second to none internationally," Gorman said. "We have a responsibility to Canadian citizens to ensure that their drugs are safe and effective. Similarly, the United States has a responsibility for any products that are imported into its country to take the measures that it has within its own legal framework."
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CNET News.com
Overture cleans up its drug ad policy
Last modified: November 18, 2003, 3:04 PM PST
By Stefanie Olsen

Overture Services has stopped selling search-related advertising to unlicensed online pharmacies, in response to concern about illegal drug sales over the Internet.

Overture, the commercial search subsidiary of Yahoo, said Tuesday that it filtered the last of its advertisements related to online pharmacies or pharmaceutical drug sales on Monday, and it notified advertisers over the weekend that it would cease selling the ads.

The move comes in response to lobbying from U.S. pharmacy trade group the National Association of Boards of Pharmacy (NABP) and Drugstore.com, a major Overture advertiser and one of the Net's biggest online pharmacies. For the last nine months, NABP and Drugstore.com have been trying to wipe out ads for prescription drugs, such as painkillers Vicodin and OxyContin, that can be ordered freely by mail from some Web sites without a doctor's consent. NABP held a meeting with Yahoo last Wednesday about removing the ads.

Overture lets advertisers bid for placement in Web search results related to keywords, ranging from "Vicadin" to "digital cameras." The ads appear under the heading "sponsored listings" when surfers type in related terms. Overture partner sites, including Microsoft's MSN Web portal and Yahoo, have displayed the ads.

Overture said it will ban the sale of drug-related keywords to licensed and non-licensed pharmacies until it has employed a third party to verify the legitimacy of drug-related advertisers, which it expects to do in the first quarter of 2004. The company still allows ads related to addiction recovery keyed to drug terms.

"We think legitimate online pharmacies serve an important need by giving consumers access to drugs cost-effectively," Overture spokeswoman Jennifer Stephens said. "However, the online environment has become increasingly complex in this area. We thought it was best to take the listings down until we can impose guidelines that will help identify legitimate online pharmacies."

Stephens said that MSN, one of Overture's biggest partners, also wanted the ads removed from its site. MSN licenses commercial search results from Overture.

Overture's new policy is a win for NABP and Drugstore.com in their campaign to rid search engines of ads from rogue pharmacies.

The two entities have contacted several sites, including search engine provider Google, MSN and America Online, saying that they have run ads from illegal distributors. NABP and Drugstore.com have wanted the sites to agree not to run ads from distributors unless they are certified by the industry. The association lists 14 certified pharmacies on its verified Internet pharmacy practices site (VIPPS), including Drugstore.com and Walgreen's online arm, Walgreens.com.

AOL, Yahoo and MSN, through its partnership with Overture, will now be in accordance with their wishes.

Google spokesman David Krane said that the company is evaluating its pharmacy-related advertising, but it has not yet decided to make any changes. Google's policy is to accept ads only from pharmacies that require customers to provide appropriate evidence of authorization, such as a doctor's prescription or consultation, before fulfilling orders. But the company has allowed advertisements for unlicensed pharmacies.

Krane has said in the past that Google is exploring the adoption of more stringent measures, including limiting sales of pharmaceutical ads to VIPPs-certified companies.

The war on drugs
NABP's efforts to restrict online pharmacy ads come as concerns mount over illegal prescription drug imports from Canadian and overseas Web sites. Sites that sell low-cost medications with or without a prescription have proliferated online, littering Web search results pages and e-mail in-boxes with pitches for a range of restricted drugs, including the male sexual aid Viagra, the antidepressant Xanax and the sleeping pill Ambien.

Pharmaceuticals sellers served some 2 billion advertising impressions in October, making them the second-largest group of advertisers within the health industry on the Net, behind weight-loss marketers, according to researcher Nielsen/NetRatings. The health market made up about 5 percent of the total online ad sales in October, Nielsen reported.

Demand is there, too. As drug prices rise, many people are turning to Internet stores to buy less-expensive alternatives from abroad. Analysts say that the trade of unlicensed prescription drug sales online will be worth between $800 million and $1 billion this year.

Regulators are beginning to crack down. Following a complaint from the Food and Drug Administration, a federal judge in Tulsa, Okla., shuttered Rx Depot, a Web site that sold low-cost prescription drugs from Canada.

Overture's Stephens said that the monetary loss from removing the drug-related listings would be insignificant, but the company is eager to put a new third-party system in place.
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CNET News.com
Bush pushes for cybercrime treaty
Last modified: November 18, 2003, 2:15 PM PST
By Declan McCullagh
Staff Writer, CNET News.com

President Bush has asked the U.S. Senate to ratify the first international cybercrime treaty.

In a letter to the Senate on Monday, Bush called the Council of Europe's controversial treaty "an effective tool in the global effort to combat computer-related crime" and "the only multilateral treaty to address the problems of computer-related crime and electronic evidence gathering."

Even though the United States is a nonvoting member of the Council of Europe, it has pressed hard for the cybercrime treaty as a way to establish international criminal standards related to copyright infringement, online fraud, child pornography and network intrusions. The U.S. Department of Justice says the treaty will eliminate "procedural and jurisdictional obstacles that can delay or endanger international investigations."

Civil libertarians have objected to the treaty ever since it became public in early 2000, arguing that it would endanger privacy rights and grant too much power to government investigators. So have industry groups such as Americans for Computer Privacy and the Internet Alliance. They raised concerns that the treaty could limit anonymity or impose vague record-keeping requirements on U.S. Internet providers.

"It's a treaty that goes way beyond combating cybercrime," said Barry Steinhardt, director of the ACLU's technology and liberty program. "It would require nations that participate in the treaty to adopt all sorts of intrusive surveillance measures and cooperate with other nations, even when the act that's being investigated is not a crime in their home country."

So far, according to the Council of Europe, only three countries--Albania, Croatia and Estonia--have ratified the treaty. If the Senate approves it, the Bush administration said it believes that because U.S. law already abides by provisions in the treaty, no further legal changes would be necessary.

The treaty requires each participating nation to ban the distribution of software that is designed for the "purpose of committing" certain computer crimes, requires Internet providers to ensure "expeditious preservation of traffic data" upon request, and permits real-time wiretapping of Internet service providers. It also covers extradition for computer crimes and permits police to request that their counterparts in other countries cooperate in conducting electronic surveillance.

Bush said the treaty will "help deny 'safe havens' to criminals, including terrorists, who can cause damage to U.S. interests from abroad, using computer systems."


An addition to the Council of Europe's cybercrime treaty would ban "hate speech" from the Internet, a common prohibition in European nations that violates the U.S. Constitution's First Amendment. The Justice Department said last year that it does not support the optional addition but still endorses the underlying treaty.

The addition covers "distributing, or otherwise making available, racist and xenophobic material to the public through a computer system." This is defined as "any written material, any image or any other representation of ideas or theories, which advocates, promotes or incites hatred, discrimination or violence, against any individual or group of individuals, based on race, colour, descent or national or ethnic origin, as well as religion."

A mysterious second addition to the treaty discussed soon after the Sept. 11, 2001, terrorist attacks would have covered "how to identify, how to filter, and how to trace communications between terrorists." At the time, the Council of Europe confirmed that the proposal existed but it did not become part of the final treaty.
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CNET News.com
Group wants phone number plan put on hold
Last modified: November 18, 2003, 8:12 PM PST
By Ben Charny
Staff Writer, CNET News.com

A telephone industry association on Tuesday asked federal regulators to stop telephone number portability rules from taking effect on Nov. 24.

Letting people keep old telephone numbers after switching carriers creates an unfair competitive advantage for cell phone companies, the United States Telecom Association (USTA) told the Federal Communications Commission (FCC) on Monday. The FCC's rules will also cause financial stress on rural telephone providers, the USTA added.

The USTA and telephone service provider CenturyTel gave the FCC until Thursday to suspend the number swapping rules. If not, the USTA and CenturyTel will ask a federal judge to intervene, according to an association statement.

"All we ask is that (regulators) take the time to do it right and live up to its repeated pledge that it would not implement any system that discriminates between (land line) and wireless carriers," USTA Chief Executive Officer Walter B. McCormick Jr. said in a statement.

Representatives from the FCC and the cell phone trade group Cellular Telecommunications & Internet Association could not be immediately reached for comment.

The USTA and CenturyTel filing is the second this week by telephone companies regarding the FCC's number portability mandate. On Monday, BellSouth asked the FCC's permission to charge monthly fees to recover the $38 million it spent to allow customers to keep their old telephone numbers after switching to a cell phone provider.
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CNET News.com
SCO plans more Linux lawsuits
Last modified: November 18, 2003, 7:50 PM PST
By David Becker
Staff Writer, CNET News.com

LAS VEGAS--Linux antagonist SCO Group vowed Tuesday to widen its legal battle against the open-source operating system, saying it intends to sue large-scale Linux users for copyright infringement.

CEO Darl McBride said the company had signed an agreement with the law firm of David Boies, already handling SCO's case against computing giant IBM, to include Linux-related copyright cases. SCO plans to begin filing suits within the next few months, targeting large companies that have significant Linux installations.

To date, SCO's legal battle has focused on alleged breaches in IBM's contract to use the Unix code that SCO owns. IBM, one of the biggest corporate proponents of Linux, came under attack from SCO early this year when the software maker filed a $3 billion lawsuit accusing Big Blue of illegally incorporating SCO-controlled Unix code into Linux software distributed by IBM.

The case has gone on to challenge the foundations of the Linux movement, with SCO promising to bill Linux users and threatening legal action against companies and individuals who don't pay licensing fees.

SCO has since backed off the billing plan, but the company is still serious about enforcing its copyrights, said Chris Sontag, senior vice president in charge of SCO's legal efforts. He said lawsuits targeting Linux users will be filed within 90 days, with initial suits targeting 1,500 companies that have significant Linux systems.

McBride added that lawsuits likely will be preceded, and possibly prevented, by communications offering businesses an opportunity to accord with SCO. "We'll be communicating with users what our expectations are," he said.

McBride said it's appropriate to start targeting the Linux users now, rather than wait for the IBM suit to be concluded, partly because the copyright cases will be much less complex than the IBM dispute and should give a much quicker judicial perspective on SCO's claims.

"I think it'd be good for all of us to get some closure," he said. "ISVs (independent software vendors), end-users, customers--they all want this cleared up."

McBride was here to deliver a speech at the Computer Digital Expo, a new Jupitermedia event competing with the more familiar Comdex. McBride used the speech to lay out his objections to the general public license (GPL) that governs many open-source software releases.

In an interview before the speech, McBride said the GPL helped create the Linux user lawsuits that SCO is preparing by putting all legal responsibility on the user, rather than the on companies distributing the software.

"The structure of the GPL pushes the problem down to the end-user," he said. "You start out with Red Hat or IBM, but it ends up on the end-user."

McBride said that besides being weak on copyright protection, the GPL runs counter to basic business principles.

"The GPL-based products have to come to grips with the realities of business," he said, blaming GPL products for "grinding away at the value" of competing commercial software. "It's a tremendous problem, and it's getting bigger."

McBride said in his speech that SCO shouldn't get the blame for putting the GPL at risk; however, he maintained that it was IBM's countersuit against SCO that brought the issue to a head. "The GPL is definitely at risk," he said. "But we're not the ones who put it there. IBM put the GPL in the line of fire."

He went on to predict major changes in open-source software, with market forces favoring those who innovate for profit. "We are in a tug-of-war between those who believe software should be free and those who think proprietary licensing is OK," McBride said. "When you look at what drives an economy, it's capitalist principles."
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Boston Globe
Computer upgrade causes child support delay
Single parents wait weeks for payments
By Brendan McCarthy, Globe Correspondent, 11/19/2003

Thousands of single parents in Massachusetts have been forced to wait several weeks for child support payments this fall because of problems with an upgrade of a state computer system at the Department of Revenue.

The problem began last month when the state program that collects wages from noncustodial parents and issues child-support checks shut down its computer system for five days in order to update state records and comply with federally mandated regulations, according to Department of Revenue spokesman Tim Connolly.

"There was a backlog of checks that had a problem with them for one reason or another," Connolly said. "Some people were without checks for several weeks. But as far as the upgrade goes, we believe that that problem is behind us."

In order to combat the backlog, the child support bureau has increased its staff handling the requests from five to 20 employees. The department handles some 140,000 state child-support cases.

A recorded message on the department's phones continues to warn about the backlog, or frequently rings busy. Several parents interviewed in recent days said they continue to have problems with the system.

"I was supposed to receive a check the first week of October," said Doreen Belding of Medford, who receives a monthly $472 child-support check for her 16-year-old daughter. "Due to their financial system, I got it a month later on Nov. 14. The system is awful. The last two months have been hell."

For Belding, the absence of her child-support check has put a strain on her finances. Belding says she relies on the payment to pay for groceries, gas, electric bills, and her 16-year-old daughter's home-schooling tutor. Belding, who has thyroid cancer and has undergone several surgeries, receives state disability checks and pays nearly $200 a month for a state-subsidized apartment.

"This check goes toward everything," Belding said. "Once it comes in, it's gone. It's a big deal because I almost got evicted."

Peter Coulombe, staff attorney in the family law unit of Greater Boston Legal Services, said a number of his clients experienced delays in receiving their checks. But he acknowledged there could be a variety of reasons behind the late payments.

"The department did send out a notice warning people that they would be upgrading their computer system and that there would be a delay in a couple weeks," Coulombe said. "When it got to be a three- or four-week delay, I wasn't surprised."

Though the state says the problem has been solved, some Massachusetts parents say they are checking their mailboxes for overdue child-support checks and finding nothing.

"They fail to realize that going a month without child support puts you behind," said Wendy Mello of New Bedford, who receives a weekly $90 check for her daughter. "That's money that you count on for groceries, for gas to get to work, for your child's lunch money. It puts you behind and then you have to play catch up."

Mello said she is owed $360, four weeks of payments, from the state.

The computer upgrade was needed to better keep records of parents and distribute payments, according to Paul Cronin, associate deputy commissioner for child support enforcement. Cronin said the department tracks custodial parents and their finances. For noncustodial parents, the office scans income information and bank accounts. "Each case is different," Cronin said. "On any given week we process about 55,000 individual payments."

Nearly 70 percent of all state child-support payments are processed through wage assignments, or moneys taken out of a noncustodial parent's payroll, according to Connolly. The noncustodial parent's employer is responsible for sending payments to the state office, which charges a processing fee and churns out a child-support check, usually within a 48-hour period.

Brendan McCarthy can be reached at
bmccarthy@xxxxxxxxx.
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CNET News.com
Report: Net attacks increasing
Last modified: November 18, 2003, 4:48 PM PST
By Robert Lemos
Staff Writer, CNET News.com

Internet attacks are getting more numerous and menacing, network protection company Internet Security Systems concluded in a report released Tuesday.

The survey found that 725 new software flaws in the third quarter of this year, down slightly from 727 found in the second quarter. However, the 823 new worms and viruses that appeared between July 1 and September represented a 26 percent increase from the previous three months.

"The window of time between vulnerability disclosure and the release of a working exploit continues to shrink, leaving enterprises with even less time to learn about and prevent attacks," Chris Rouland, vice president of Internet Security Systems' vulnerability research team, said in a prepared statement.

The conclusion meshes with previous reports. Security software maker Symantec also pointed to anecdotal evidence that the time was shrinking between the first public mention of details of a software flaw and the release of code exploiting the flaw. Three serious Internet attacks--MSBlast, MSBlast.D and SoBig.F--struck in August.

Not all experts agree, however. The Computer Emergency Response Team (CERT) Coordination Center's latest report indicates that the number of flaws that will appear in 2003 is likely to be smaller than in 2002. That's a first: Between 1999 and 2002, the number of vulnerabilities recorded by CERT roughly doubled every year.
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Associated Press
AT&T Wireless Planning Layoffs
Wall Street Journal
Wed Nov 19, 7:01 AM ET

NEW YORK (Reuters) - AT&T Wireless (NYSE:AWE - news) plans to lay off more than 10 percent of its 30,000 workers over the next year and outsource the jobs, The Wall Street Journal said on Wednesday, citing people familiar with the situation.

The moves by the wireless (news - web sites) telephone company would come on top of a recent announcement increasing the number of people it could lay off because of a consolidation of facilities, the paper reported.

AT&T Wireless is discussing outsourcing arrangements with companies that employ people in India and elsewhere overseas, the paper said.
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Government Computer News
11/19/03
FAA reorganization will alter IT purchases
By Sami Lais

A shakeup in the organization of the Federal Aviation Administration announced last week by Russell G. Chew, its new chief operating officer, will change the way the agency handles IT acquisitions.

The new structure will alter how FAA addresses major IT projects such as the Standard Terminal Automation Replacement System, an initiative to replace old air traffic monitors with modern displays that integrate weather and traffic data on the same screen. The project has been beset by major cost overruns and schedule delays.

?The acquisitions will be made by the people who will be using them,? Chew said. ?If you were going to buy a new stereo, you wouldn?t have your neighbor buy ityou wouldn?t get what you wanted.?

Charles Keegan, former associate administrator for research and acquisitions, once charged with overseeing all IT purchases, now is vice president of en route air traffic services and oceanic airspace services. His IT focus will narrow to systems such as the Advanced Technologies and Oceanic Procedures and the En Route Automation Replacement Modernization, which will replace aging computer hardware and software.

Chew also promised ?more transparency? in how the agency makes its IT decisions. He said he anticipates getting input from all stakeholders, including the airline industry and air traffic controllers, before making decisions on where the agency will spend its efforts and money.

Chew said that, over the next six to eight months, the agency will interview all of its Washington employees, who represent the majority of the 38,000 employees under Chew?s direction, as part of what he described as a ?massive re-engineering of how we do business.?

Chew reports directly to administrator Marion Blakey. In addition to Keegan, reporting to Chew will be:

David Johnson, terminal air traffic services
James Washington, flight advisory services

Linda Schuessler, air traffic control systems

Steve Zaidman, navigation services, and communication and maintenance support to operating service units

Steven Brown, strategic planning and operating performance for the ATO, National Airspace System supervision

Dennis DeGaetano, ATO policies in acquisition contracting and shared business services.

Blakey also announced the appointment of a new chief financial officer, Thomas R. Bloom, former director of the Defense Finance and Accounting Service. In addition to major changes in personnel, IT acquisitions and organization, Blakey said FAA would change its fiscal policies to a ?true cost accounting system.?

Chew in June left American Airlines to head FAA?s newly created Air Traffic Organization, which manages the nation?s air traffic control system. He has spent the past months reviewing an analysis of the current air traffic organization and devising the new structure.
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Government Computer News
11/19/03
Congress plans report cards on cybersecurity
By Jason Miller

On the heels of Office of Management and Budget efforts over the past year to boost cybersecurity, lawmakers are set to weigh in on agency progress.

The House Government Reform Subcommittee on Technology, Information Policy, Intergovernmental Relations and the Census next month will issue a cybersecurity report card detailing agency progress in meeting the requirements of the Federal Information Security Management Act.

Subcommittee staff director Bob Dix, speaking today at the Enterprise Architecture 2003 Conference sponsored by GCN and the Digital Government Institute, said the subcommittee is picking up where former Rep. Steve Horn left off. Horn, a Republican from California, had regularly issued report cards on agencies? year 2000 readiness and security efforts.

?Our goal is to elevate the discussion of IT security to all executive levels in the public and private sectors,? Dix said. ?This is not just an IT issue.?

As agencies collaborate more often, Dix said, IT assurance needs more attention because it?s been overlooked for too long.

The subcommittee has been working to focus the legislative and executive branches on the importance of cybersecurity with a variety of hearings over the past year.

?Agencies have said FISMA is causing a reporting burden on them and we hope to gain a better understanding of that from the report card,? Dix said.

Dix also said the subcommittee also plans to explore whether the federal procurement process can be used to improve software security.

?If we use the purchasing power of the federal government to insist that developers provide more secure products, that will benefit all users in both the public and private sectors,? he said.
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Government Computer News
11/19/03
Nanotechnology R&D bills move through Congress
By William Jackson

The House and Senate have worked out differences in bills to fund and oversee R&D in the potentially controversial field of nanotechnology.

The Senate passed its version of the 21st Century Nanotechnology Research and Development Act on Tuesday. House Science Committee Chairman Sherwood Boehlert (R-N.Y.) said he expected the House to pass its version of the bill soon.

The compromise bills are the products of negotiations between the House Science Committee and the Senate Committee on Commerce, Science and Transportation.

Nanotechnology is the manipulation of materials on an atomic and molecular scale, and offers great economic potential. The National Science Foundation has estimated it could become a $1 trillion industry over the next 10 years. But it also presents ethical and societal concerns because of the possible impact of tiny devices on the environment and on human beings.

The act would promote U.S. leadership in the development and application of nanotechnology, and also would ensure that government has a hand in developing and enforcing ethical standards for that research. Issues singled out for concern include the use of nanotechnology to enhance human intelligence and to create artificial intelligence, and the release of nanodevices into the environment.

The act would create a National Nanotechnology Program to coordinate interdisciplinary research. The National Institute of Standards and Technology would serve as a clearinghouse for R&D data and would develop standards for research.

The act also would authorize $3.7 billion for the program over the next four years, divided among the Energy Department, the Environmental Protection Agency, NASA, NIST and NSF. The lion?s share of the money would go to NSF ($1.7 billion) and Energy ($1.4 billion). At least $10 million a year would be earmarked to fund interdisciplinary R&D consortia.

An American Nanotechnology Preparedness Center would be created to study ?societal, ethical, environmental, educational, legal and work force implications of nanotechnology.?
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Washington Post
Think Tank Wants Public's Help in 'Spyware' Fight
By Brian Krebs
Tuesday, November 18, 2003; 7:02 PM

A Washington-based technology think tank wants Internet users to join its crusade against invasive "spyware" programs that let their authors eavesdrop on people's online activities.

The Center for Democracy and Technology today urged Americans to submit details about their encounters with spyware, which often comes packaged as an unwanted addition to popular downloads like software for trading music files. The group said it will compile those experiences and submit them to the Federal Trade Commission (FTC) as part of its campaign to spur the federal government to take action against businesses that do not clearly tell people that they are opening their personal online lives to strangers.

"We have read many stories about consumers who did not know that these programs were on their computer and then, when they went to delete them, found that they just wouldn't go away," said CDT Associate Director Ari Schwartz. "We are asking computer users to tell us the problems they have encountered and we'll test the programs ourselves and file complaints where warranted."

Hijacking an Internet connection or intercepting online communications is a federal crime but people often unwittingly install spyware on their computers when they download other kinds of useful software applications without reading the legal disclosures usually buried deep in the user agreement, the CDT report said.

Once people find the programs on their computers, they discover that it's almost impossible to delete them without a high level of technical expertise.

Spyware can cause sluggish PC performance and system instability, and can unleash a barrage of pop-up ads and unsolicited bulk e-mail, popularly known as spam. In the most egregious cases, spyware can be extremely invasive -- it can track what Web sites people visit and the keywords they enter in search engines. It also can hijack their Internet connections.

Some well known spyware programs often show up in peer-to-peer (P2P) file-swapping software that people download to trade digital music and video files on the Internet. P2P software often contains programs like Bonzi Buddy and Gator, which collect data on users' surfing and shopping habits and send it to a third party that develops profiles for targeted pop-up ads.

In April 2002, privacy experts discovered that Kazaa -- the most popular file-sharing software -- is bundled with a program called "Altnet."

Sharman Networks, Kazaa's parent company, said it would use Altnet to harness small amounts of the processing power on Kazaa users' computers which it would then sell to other Altnet customers that need the power. Computer users would not be compensated. Sharman said the network is not active and that users can disable the program.

The FTC has investigated reports of spyware privacy violations but has not found anything illegal, said spokeswoman Claudia Bourne-Farrell.

"Allegations about spyware are troubling, and we look forward to reviewing the CDT report," she said. "We'll continue to review this issue and pursue law enforcement where it's appropriate."

Several U.S. lawmakers have introduced legislation during the past two years to control the distribution of spyware, but Congress has failed to pass any bills.

In July, Rep. Mary Bono (R-Calif.) introduced her anti-spyware bill, which would require companies to give more prominent notice about programs that collect and transmit personal information.

The CDT report said Bono's bill does not distinguish between invasive spyware programs and "adware," which displays advertising on a computer monitor. Companies that use adware usually say so clearly, and allow users to disable the ads by paying a small fee to license the full version of the product.

The report says that Congress should establish privacy rights that protect consumers from a range of online snooping.

Bono said she is willing to work with the CDT to address their concerns. "Whether it's monitoring of consumer movements on the Web or other forms of dubious marketing, at the end of the day the consumer needs to know what's happening," she said.

Consumers can avoid spyware by taking the time to closely read software privacy policies and descriptions before they download the programs. Several Web sites, including Spywareguide.com and Spywareinfo.com, contain detailed listings of programs widely considered to be spyware. Several programs can erase spyware from personal computers, such as Adaware.
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