Tech Law Journal Daily E-Mail Alert
October 18, 2001, 9:00 AM ET, Alert No. 289.
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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.
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."
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."
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.
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.
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."
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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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.
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.
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.
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."
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."