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TOP STORIES FOR FRIDAY, OCTOBER 08, 2004 Purdy Named Interim Head of Cybersecurity Induce Act Stalled in Senate Committee Music Industry Files Lawsuits in More Countries Music Industry Looks to Supreme Court for Help FTC Pursues Spyware Prosecution PURDY NAMED INTERIM HEAD OF CYBERSECURITY Andy Purdy has been named interim head of cybersecurity in the U.S. Department of Homeland Security (DHS), replacing Amit Yoran, who abruptly resigned from the post after serving just one year. Yoran was reportedly frustrated with what he saw as the Bush administration's lack of support for efforts to improve cybersecurity. Yoran and members of the technology industry had lobbied to have Yoran's position within DHS elevated, a move that Congress appeared set to make this week. Under a bill sponsored by Zoe Lofgren (D-Calif.), the position would be elevated such that the director would report to the undersecretary for information analysis and infrastructure protection, one step below DHS Secretary Tom Ridge. In addition, the bill would require government agencies to demonstrate consideration of security issues when requesting new technology systems. Reuters, 7 October 2004 http://www.reuters.com/newsArticle.jhtml?storyID=6444284 INDUCE ACT STALLED IN SENATE COMMITTEE The controversial Inducing Infringement of Copyrights (Induce) Act has stalled in the Senate Judiciary Committee, which had scheduled a markup of the bill this week put postponed that markup after parties involved in shaping the bill failed to reach a compromise. The entertainment industry supports passage of the bill, which holds companies liable if their products or services induce copyright violations among users. Representatives of technology companies and consumer groups had lobbied for changes to the language of the bill, saying that as written it would stifle innovation and penalize technology for the abuses of those who use it. After opponents of the bill raised objections, Sen. Orrin Hatch (R-Utah), one of the bill's sponsors, invited parties on both sides to suggest revisions and work on compromise language. A letter sent to Hatch from several groups opposed to the bill noted, "We find ourselves further apart now than at the outset of this process." Critics of the bill insist that a bill discouraging copyright violations is acceptable, but they contend that the Induce Act punishes developers of technology with dual uses, despite a 1984 Supreme Court ruling--concerning videotape recording--that upheld the legality of such dual-used technology. Wired News, 7 October 2004 http://www.wired.com/news/politics/0,1283,65255,00.html MUSIC INDUSTRY FILES LAWSUITS IN MORE COUNTRIES The International Federation of the Phonographic Industry (IFPI), a European music trade group, has filed 459 civil and criminal lawsuits against file traders for copyright violations. Included in this round of lawsuits are users in Britain, France, and Austria--countries not included in previous lawsuits--as well as users in Germany, Italy, and Denmark. The lawsuits are said to target "uploaders," those who make music files available for others to download. According to the IFPI, one of the defendants has 9,000 music files on his system. Other defendants include a teacher in France who faces three years in jail under a new French counterfeit law. The IFPI argues that illegal file trading has cost the music industry significant amounts of money, and the group said the lawsuits came as a last resort, after an extended public awareness campaign. In all, 650 users in Europe have been charged with illegal file sharing since March. In the United States, the music industry has filed suits against more than 5,700 individuals since September 2003. Reuters, 7 October 2004 http://www.reuters.com/newsArticle.jhtml?storyID=6442562 MUSIC INDUSTRY LOOKS TO SUPREME COURT FOR HELP Officials from the music industry this week asked the U.S. Supreme Court to consider a lower court ruling that shields makers of P2P technologies from prosecution for copyright violations. In August, an appeals court agreed with an earlier ruling that Grokster and StreamCast Networks are not liable for illegal file trading that takes place on the applications they develop. Lawyers for the entertainment industry object to what they call the "immunity" that the Ninth Circuit Court of Appeals granted to the two companies. The entertainment industry contends that the emergence of P2P networks--on which the majority of traffic consists of illegally traded material, according to analysts--is responsible for a significant decline in music sales. Wall Street Journal, 8 October 2004 (sub. req'd) http://online.wsj.com/article/0,,SB109725909513340597,00.html FTC PURSUES SPYWARE PROSECUTION The Federal Trade Commission (FTC) has filed charges against Sanford Wallace, alleging that his companies are guilty of installing spyware that change browser settings, track users' surfing habits, and open pop-up ads on their computers. Wallace is further charged with selling antispyware tools that, according to the FTC, "resolve the specific problems that the defendants themselves have caused." The FTC has asked the courts to force Wallace's companies to remove the software they have secretly installed and to refund consumers for the cost of the antispyware products they have purchased. The U.S. House of Representatives this week passed two antispyware bills, despite comments in April by the FTC that it already had sufficient authority to investigate and prosecute those accused of installing spyware. Internet News, 8 October 2004 http://www.internetnews.com/xSP/article.php/3419411 ***************************************************** EDUPAGE INFORMATION To subscribe, unsubscribe, or change your settings, visit http://www.educause.edu/pub/edupage/ Or, you can subscribe or unsubscribe by sending e-mail to [EMAIL PROTECTED] To SUBSCRIBE, in the body of the message type: SUBSCRIBE Edupage YourFirstName YourLastName To UNSUBSCRIBE, in the body of the message type: SIGNOFF Edupage If you have subscription problems, send e-mail to [EMAIL PROTECTED] For past issues of Edupage or information about translations of Edupage into other languages, visit http://www.educause.edu/pub/edupage/ ***************************************************** OTHER EDUCAUSE PUBLICATIONS EDUCAUSE publishes periodicals, including "EQ" and "EDUCAUSE Review," books, and other materials dealing with the impacts and implications of information technology in higher education. 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