Communications Policy for the Next Four Years

I. ENSURING INFORMATION SECURITY IN A DIGITAL WORLD II. SPIES AMONG US III. NEXT-GENERATION E-911 IV. SPAM V. TV RATINGS FAIRNESS VI. ICANN REFORM VII. DIGITAL DEMOCRACY VIII. BROADBAND DEPLOYMENT IX. UNIVERSAL SERVICE REFORM X. SPECTRUM REFORM With the second Bush Administration already underway and the resignation of Chairman Powell on the horizon, communications policy is at the forefront of current debate. Recognizing the nature of this discourse, the time seemed right for the Federal Communications Law Journal to create a forum for evaluation and analysis of the current and future issues in communications law. The Authors of the pieces in this issue bring differing perspectives to the discussion, and I also offer my own hopes for the next four years as well. We are in a digital age. It is no longer a world where we can distinguish between voice, video, and data. Everything now is in the indistinguishable form of ones and zeroes. This will pose new challenges as we continue forward with reform legislation. We are in an age where the Internet and telecom industries are at a crossroads. In this era of consolidation, terrorism, and rapid technological innovation, we need to protect consumers, strengthen information security, and usher in reform for twenty-first century communications. In the Senate, we have been working on these goals for some time now, including spyware, spectrum reform, E-911, ICANN reform, broadband expensing, wireless privacy, and universal service reform. I. ENSURING INFORMATION SECURITY IN A DIGITAL WORLD Goal: We must impose significant penalties on online theft of personally identifiable information or misrepresentation in support of such activity. We must mandate responsibilities on communications networks in support of enforcement. We must define limits on use of personally identifiable information collected by radio-frequency identification ("RFID") devices. As more and more economic activity migrates to the Internet, "phishing," or illegal theft of personal information--such as Social Security numbers, bank account numbers, or passwords to secure sites--is a growing problem. Meaningful penalties are necessary to curb this activity, which can take place either via software (spyware) surreptitiously entered into a personal computer, or by misrepresentation via email or other means of open communications. We are looking into these practices to ensure that the proper authorities have the tools necessary to go after the offenders. To shift the balance of power away from the malicious code writers who seek to cause informational and financial damage, we must also support the private sector's ongoing proactive attempts to mitigate remotely exploitable security vulnerabilities. Although the proliferation of RFID devices has led to economic efficiencies and increased convenience to companies and individuals in many areas, there has not been enough attention paid to how the personal data collected and disseminated by RFID devices, and the networks that support them, is used. In many cases the potential for abuse exists, and we must raise awareness about how entities that collect and propagate personal data using these devices can be used. II. SPIES AMONG US Goal: We must specify conditions under which installation of software by a third party on private computers is permissible and impose civil and criminal penalties for unauthorized installation of certain types of software on private computers. The secluded nook we once thought we had within our personal computers installed in the privacy of our own homes is quickly becoming a highly trafficked freeway where online moles bury their programs and even the most experienced users cannot always spot and remove the hidden and malicious spyware programs left behind. These programs pose serious security threats as they work invisibly to track and collect data about computer users. …