Washington Update: Hot Topics in Federal Law & Regulation Steve Worona 2011 NERCOMP Annual Conference March 30, 2011

EDUCAUSE DC Office Federal policy issues Campus policy issues (ICPL) What keeps us awake at nights Campus policy issues (ICPL) What keeps you awake at nights And a few other things ACTI Network Council HEISC IDM WG dot-EDU administration EDUCAUSE Live! 2

Upcoming EDUCAUSE Live!s Thursday, April 7 Law[ful] access to campus data – Marc Zwillinger, Elizabeth Banker Tuesday, April 12 Google Apps at Boise State – Mark Fitzgerald Thursday, April 21 Privacy legislation – Peter Eckersley (EFF) 3

16th ICPL Annual Seminar July 18-21 at Cornell “Students and Their Technology: Law and Policy, Today and Tomorrow” Highlights Dan Solove on data privacy and on cyber-repution Student IT policies from various campuses Compliance issues Tales from the e-counseling couch A cross-generational dialog Technology implications of student IT policy choices 4

2011 Security Professionals Conference April 4-6 in San Antonio (or online) “Setting a Course for Collaboration and Innovative Solutions” Keynotes Karen Evans: National Director, US Cyber Challenge Eran Feigenbaum: Director of Security, Google Apps 5

Current Issues Copyright & other IP Data-breach response Identity Management Accessibility Blended Curricula Tracking, assessment Privacy, privacy, privacy Network neutrality Use policies Outsourcing, cloud, … Access, affordability Research data State control, authority Compliance BTOP, ARRA, … Export control dot-EDU etc. 6

Current Issues Copyright & other IP Data-breach response Identity Management Accessibility Blended Curricula Tracking, assessment Privacy, privacy, privacy Network neutrality Use policies Outsourcing, cloud, … Access, affordability Research data State control, authority Compliance BTOP, ARRA, … Export control dot-EDU etc. 7

Copyright and Other IP We’ve finally put HEOA behind us, right? 8

Copyright and Other IP We’ve finally put HEOA behind us, right? Right? 9

Copyright and Other IP We’ve finally put HEOA behind us, right? IPEC report More aggressive enforcement, especially foreign Conflating infringement/counterfeiting, money/life Congress is anti-Czar Operation “In Our Sites” Several rounds of domain name seizures Example: 84,000 dolphins for 10 tuna COICA Potential campus impact “Private right of action” 10

Privacy, Privacy, Privacy Commercial issues Congress, FTC “Do Not Track” In general, increasing concern Campus impact? ECPA issues Cloud computing Categorization of location info Campus impact CALEA II Mandatory wiretap-ability Fallout from Egypt 11

Privacy, Privacy, Privacy Commercial issues Congress, FTC “Do Not Track” In general, increasing concern Campus impact? ECPA issues Cloud computing Categorization of location info Campus impact CALEA II Mandatory wiretap-ability Fallout from Egypt Oh, yeah… FERPA 12

Privacy, Privacy, Privacy Commercial issues Congress, FTC “Do Not Track” In general, increasing concern Campus impact? ECPA issues Cloud computing Categorization of location info Campus impact CALEA II Mandatory wiretap-ability Fallout from Egypt Oh, yeah… FERPA •In Illinois •In the classroom 13

Network Neutrality Political philosophy: Who do you (dis)trust more? Free market Government Why care? Higher Ed connection with off-campus community In the FCC Open Internet rules In Congress House: No money to enforce Open Internet rules Various other override attempts In the Courts Challenge from AT&T and others 14

This just in… 15

This just in… “State Authorization” Business law vs HEOA (like copyright law vs HEOA) 16

This just in… “State Authorization” NFB vs Google Business law vs HEOA (like copyright law vs HEOA) NFB vs Google “Colleges Discriminate Against the Blind With Google Apps, Advocates Say” (CHE March 15, 2011) Colleges should “suspend their adoption of Google Apps for Education until it is accessible … or to reject Google Apps entirely” 17

Dan Goldstein is a colossal pain in the butt. I say this with great affection. I consider Dan a friend, and he’s just doing his job. Dan’s the lead attorney for the National Federation of the Blind, and he’s the one who signs the letters. The letters? Yeah, you know, the letters. The letters accusing your college of discriminating against the blind by using Kindles. Or Google Apps. You see, there’s nothing in the law that forces Amazon or Google to make their products accessible. The law targets the users of these products, not the manufacturers. And so when Dan tries to ensure that the technology provided to blind college students is accessible, he sets his sights on us. Dan’s in the squeezing business. He can’t squeeze Amazon and Google directly, so he’s squeezing colleges and universities, hoping the pressure is passed along. Seems to be working so far: Amazon fixed the Kindle. I asked Dan about this during his presentation to the EDUCAUSE MidAtlantic Regional Conference a couple of months ago. I said, Dan, this is just extortion, isn't it? You’re making our life miserable so that we do what you want us to do. When the Mafia does this, people aren’t happy. Why should we feel different? And Dan said, “Because I’m trying to get you to do the right thing.” More than one head nodded.

So, what’s keeping you up? 19

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