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

2. 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

3. 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

4. 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

5. 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

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. 6

7. 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

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

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

10. 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

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 11

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 12

13. 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

14. 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

15. This just in… 15

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

17. 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

18. 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.

19. So, what’s keeping you up?19

20. End 20