The national information infrastructure: The federal role

INFORMATION POLICY edited by Peter Hernon

and Robert E. Dugan

The National Information The Federal Role

Infrastructure:

by Glenn J. McLaughlin

T

he Clinton administration has made development of a National Information Infrastructure (NII) a key part of its policy agendas in the areas of high technology, economic development, health care, and education. Its broad vision is to interconnect industry, government, research, education, and each home with advanced telecommunications networks and information resources. A task force of sub-cabinet offtcials has been charged with articulating regulatory, information, and application policies intended to accelerate development of the NII, and a range of strategies is being pursued. What makes the NII important is not the technology per se, but its application to social needs and economic development. Policymakers in the 104th Congress have taken a different approach concerning the precise role of the federal government and development of the NII. In 1993 and 1994, the NII and the Global Information Infrastructure (GII) policy debate was set by the Clinton administration, particularly by Vice President Gore. In 1994, initial rescissions passed by the full House of Representatives for FY 1995, a second round of current fiscal year rescissions passed by the House Appropriations Committee, and Senate action on House rescissions indicate that many in the 104th Congress prefer to reduce the size and scope of the federal investment to promote the NII. Instead, congressional policymakers are considering providing incentives to the private sector, including revision of current telecommunications regulatory policies, for development of the NII concept. Support for the NII is premised on the belief that it will promote the development of commercially viable services, improve the competitive advantage of the United States, and serve the public interest. The current federal debate lies in determining what strategies will best achieve these goals. The question of the government’s role raises a general policy issue of how and to what extent government should generally involve itself in support for high technology research projects and commercialization of technology. The debate revolves around the extent to which NII development should be left to the private sector; what tangible benefits will accrue to American workers and consumers; and how much government involvement is needed to boost U.S. industry, create jobs, and ensure a leading edge in world markets. C/enn /. McLough/in is with the Science Policy Research Division, Congressional D.C. 20540.

Research Service, Library of Congress, The information

contained

of May 25, 7 995.

390

Washington,

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as

MOSTRECENTDEVELOPMENTS In the budget submitted to Congress for FY 1996, the Clinton administration requested nearly $2 billion in spending related to development of the NII. This includes $1.14 billion for the High Performance Computing and Communications (HPCC) program, $335 million for a proposed Technology and Learning Challenge initiative, and $100 million for the Information Infrastructure Grants program. Unlike in its FY 1995 budget request, the administration has not affixed the NII label to this spending in the FY 1996 Budget, but, instead, views support of these programs as part of federal agency “crosscuts.” However, the 104th Congress is considering a series of rescissions for FY 1995 which affect various federal funding components and administrative functions of the NII. P.L. 104-6 (H.R. 889, DOD Emergency Supplemental Appropriations and Rescissions Act) was signed by the President on April 10 and rescinds the following amounts: $15 million from the National Technology and Information Administration’s (NTIA) information technology infrastructure program, $90 million from the Advanced Technology Program (ATP), and $300 million from the Technology Reinvestment Program (TRP). A second round of rescissions was approved by the conferees from the House of Representatives and Senate on May 15. This bill, H.R. 1158, rescinds FY 1995 funds from the Department of Education’s Technology for Education program. President Clinton has threatened to veto this bill if the conference version is passed by Congress. Meanwhile, both the Senate and the House Budget Committees, in respective Budget Resolutions for FY 1996, have recommended further spending reductions affecting funding of the HPCC program, NTIA’s information infrastructure grant program and the ATP as part of reducing discretionary spending. Many congressional policymakers are also considering other legislative options, including enhancing competition, protecting personal privacy, and defining pornography in the information age. S. 652, the Telecommunications Competition and Deregulation Act of 1995, was introduced by Senator Pressler on March 30 and reported by the Senate Committee on Commerce, Science and Transportation (S.Rept. 104-23). It includes an amendment from Senators Snow and Rockefeller ensuring that public schools, libraries, and nonprofit health care centers have access to telecommunications services. S. 652 was favorably reported by the Senate Committee on Commerce, Science, and Transportation on March 30 and awaits further Senate action.

BACKGROUNDANDANALYSIS The NII and Information Superhighway Information infrastructure consists of a physical system of telecommunications pathways and connections that transmit an receive voice, video, and data. It also includes the consumerand business-oriented services delivered over and derived from telecommunications networks, and the information resources accessible through these networks. In its broadest sense, a NII would encompass an integrated web of telecommunications, information, and computing technologies. An information highway is a physical system of pathways and connections that consists of copper wire, fiber optic cable, coaxial cable, microwave line-of-sight signals, and satellite linkages. Individuals connect to these highways through hardware such as telephones, computers, and audio/video receivers. The United States currently possesses a basic information highway that links virtually every individual through telephone and television. An information “superhighway” would consist of broadband (high-capacity) telecommunications circuits, increasingly based on fiber optic technology, which could carry much greater amounts of digitized information such as highresolution video, at faster speeds. Many parts of the public and private sectors already communicate and transfer data through computer networks that are connected by fiber optic cables or other high-capacity media. Currently, a variety of organizations lease dedicated telecommunications circuits to connect geographically dispersed facilities, creating private networks. A rapidly expanding worldwide system for computer-based communications, known as the Internet, is comprised of tens of thousands of interconnected private computer networks operated by a diverse array of government organizations, nonprofit and for-profit companies, associations, universities, school districts, and research institutions. Individuals can purchase access to the Internet through a growing number of network service providers. The Internet is cited by some as a prototype of this advanced infrastructure. Others believe that diverse telecommunications services supporting high-quality telephony, video entertainment, and twoway video communications will be combined with the computer-based information transport services being pioneered on the Internet to form the NII. In 1993, Vice President Gore articulated his vision of the NII, even though previously many had considered and discussed how telecommunication technologies, services, and applications could be combined in a national information network. The broad vision of many in government, industry, academia, and elsewhere of the NII is to interconnect businesses, governments, researchers, educators, and the public with advanced telecommunications networks and a diverse multitude of information resources. Advocates of the NII concept recognize that all types of telecommunications networks, enduser equipment, and information management processes are increasingly based on computer-driven devices and technology. Communication-whether in the form of sound, text, or pictures-is increasingly transported within the U.S. telecommunications infrastructure in the language of computers. Sound, photographs, moving pictures, and text can all be reduced to digital signals, which can be sent through various types of telecommunications circuits. Communications and information services that used to be handled by separate companies with differing technologies can now be handled by a single highcapacity network consisting of a hybrid of technologies.

However, while few deny the importance of the NII and what future applications may bring to American society-and to the world-not everyone shares the administration’s vision of this goal. Many members of the 104th Congress contend that the administration’s approach places too great an emphasis on federal spending and direction from Washington. Current policy and budgetary debate in Congress, including rescissions in the federal government for the current fiscal year programs, asks whether the federal role should be smaller. Policymakers may turn to other legislative options, including changing the current federal regulatory environment, to encourage the convergence of technologies, service, and applications for the NII.

High Performance Computing and Communications Program Supporters of what the idea of the NII may promise American society point to the HPCC program, a multi-agency federal technology program. The HPCC program, formally established in the late 1980s under the Bush administration, brought together representatives of government, industry, and academia to set a research agenda and collaborate on technology development. In addition to promoting the development of advanced computers and telecommunications networks, the HPCC program supports the application of advanced technology in the investigation of “grand challenge” science and engineering problems related to the interests and missions of various federal agencies. A set of goals and authorization of additional funding for the HPCC program were endorsed by Congress with the passage of the High Performance Computing Act of 1991 (PL. 102-194; 105 Stat. 1594). The program is designed to extend U.S. leadership in high performance computing and communications, disseminate the technology to speed innovation, and promote its use in industry to spur gains in productivity and competitiveness. The HPCC program currently has five components: (1) the High Performance Computing Systems (HPCS), which supports computer hardware development; (2) the Advanced Software Technology and Algorithms (ASTA), to develop new generations of software to run supercomputing processing systems; (3) the National Research and Education Network (NREN), which was authorized by Congress in 1991 to lead to educational, and as a by-product, commercial applications; (4) Information Infrastructure Technology and Applications (IITA), intended to develop a technology base for the NII through specific technology prototypes and applications; and (5) the Basic Research and Human Resources (BRHS) component, intended to provide the education and training base to draw students into future careers in high-performance computing. For FY1995, funding within the HPCC program is: HPCS: 16%; ASTA: 34%; NREN: 15%; IITA: 25%; and BRHS: 10%. Table 1 shows agency funding levels for the HPCC program. The original five-year budget plan for the program allocated $4.67 billion through FY 1996. It is important to note that the administration’s request for the FY 1996 HPCC program includes a lower FY 1995 funding figure than Congress actually appropriated. Anticipating a congressional rescission and other potential reductions in the HPCC program, the administration provides a $1 billion funding level-not $1.15 billion-for FY 1995. Therefore, the request of $1.14 billion appears to be an increase in the funding level over FY 1995.

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Table 1 HPCC Program Funding FY1991-1995 (millions of dollars) Agency

FY1991

FY 1992

FY1993

FY 1994

FY 1995

DOD/ARPAa

FY1991-95 Total

IQ’1996 Proposed

$183.0

$232.2

$254.5

$298.9

$357.4

$1,326.0

$403.0

NSF

169.0

200.9

225.2

267.0

328.6

1,190.7

314.0

DOE

65.0

92.3

99.5

122.0

125.4

504.2

114.0

NASA

54.0

71.2

81.6

113.0

124.9

444.7

131.0

DHHS/NIHb

13.5

41.3

47.2

57.8

81.8

241.6

78.0

Commerce/NIW

2.1

2.1

2.1

18.1

56.4

80.8

50.0

EPA

1.4

5.0

8.0

7.9

14.7

37.0

12.0

NOAA Total

1.4

9.8

9.8

10.8

25.2

57.0

$489.4

$654.8

$727.9

$935.9

$1,154.6d

$3,962.6e

$1,142.0

%.S. Dept. of Defense support is through its Advanced Research Projects Agency (ARPA). bU.S. Dept. of Health and Human Services support is through the National Institute of Health (NIH). ‘U.S. Dept. of Commerce support is primarily through the National Institute of Standards and Technology (NIST). dThe Clinton administration FY 1996 request for the HPCC program includes an FY 1995 figure of $1.08 billion, lower than the actual congressional appropnatlon. The Administration is anticipating a rescission and other reductions which may lower the FY 1995 funding figure, although there is no certainty that will occur. eTotals from FYl991-93 do not include funding by the National Security Agency (NSA), which did not jam until FY 1994. For FY 1994, NSA spent $40.2 milhon. and in FY 1995, $40.1 million, on HPCC. Both figures are included in the total federal funding figures. For FY 1996, NSA is not included in the proposed HPCC budget; the Veterans Administration ($24 million) and Dept. of Education ($17 million) are included.

Source: National Coordination Office for High Performance utive Office of the President, Jan. 23, 1995.

Computing and Communications.

The HPCC program enjoys wide support among government, industry, and academic leaders. However, critics have called for the reduction, reorientation, or elimination of the HPCC program by the 104th Congress. The House and Senate Budget Committees have recommended reductions in federal telecommunications programs that may affect the HPCC Program (see “Initiatives in the 104th Congress). Administration

Initiatives

Up until the November 8, 1994 elections, the policy debate for the NII and the GII was set by the Clinton administration, and particularly Vice President Gore. The 104th Congress is likely to closely scrutinize the federal budgetary and policy initiatives for developing the NII. The following section describes these initiatives within the context of the current debate on the role of the federal government in the NII. FY1996 Budget Request. In his FY1996 budget request presented to the 104th Congress, President Clinton called for increased support and funding for several federal programs which the administration sees as vital to the development of the NII. As already noted, the administration strongly supports the HPCC program, calling for an increase of funding for FY 1996. In addition, the administration has asked for an increase in the Advanced Technology Program (ATP) of the Department of Commerce from $43 1 million (FY 1995) to $491 million (FY 1996). The ATP was created to encourage governmentindustry partnerships in “pre-competitive” technology development and commercialization. U.S. industry initiates grant proposals for technology development projects, and the Department of Commerce provides up to 50% funding to match the private sector’s commitment. Information infrastructure for health care applications is a significant part of the ATI? The National Telecommunications and Information Administration (NTIA) of the Department of Commerce provides overarching telecommunications policy and program coordination for the federal government. The NTIA funds information

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infrastructure grants to a variety of industry, academic, state and local government recipients directly related towards development of the NII. These include delivery of education and health care services and development of high-speed, interactive information technologies. NTIA’s information infrastructure grant program was appropriated $64 million for FY 1995 and the administration has requested $99 million for FY 1996. Other programs related to information and telecommunications technologies, services, and applications are supported by the administration for FY 1996. The Technology Reinvestment Program (TRP) is another federal program for which the administration has proposed an increase from $443 million (FY 1995) to $500 million (FY 1996). The TRP, supported by government-industry funding, includes projects for flat panel displays and high density data storage devices. In addition, the Technology and Learning Challenge (TLC) program is a multiagency education and training initiative using computers and networks coordinated by the National Science and Technology Council in the White House. The Department of Education sponsors a Technology for Education program to put computers into classrooms and encourage computer literacy. The National Science Foundation (NSF) programs support information technology education and research. Action by the 104th Congress towards these and other related programs is presented in the section on “Initiatives in the 104th Congress.” NII Report. The Clinton administration has consistently supported the NII as part of its vision for high technology policy, including the rapid expansion of telecommunications-based information superhighways. The administration believes that investment in the NII will strengthen the economic position of the United States, create jobs, and address pressing social problems. The administration’s vision statement, The National Information Infrastructure: Agenda for Action, released on September 15, 1993, describes the administration’s vision for

NII, outlines the government’s role, and establishes guiding principles and objectives. The vision is that of a nationwide network “that enables all Americans to access information and communicate with each other using voice, data, image or video at anytime, anywhere.” Although the private sector will develop and deploy the infrastructure, the administration believes that the government should support these efforts. An interagency Information Infrastructure Task Force (IITF), chaired by the Secretary of Commerce, is: (1) reviewing regulatory policy and developing the administration’s position on issues such as cross-ownership of telephone companies and cable television systems; (2) advancing information policy in areas such as intellectual property, privacy, and the dissemination of federal information; and (3) coordinating administration efforts to promote applications of information technology in commerce, education, health, and other public interest areas. Additionally, the administration has established a private sector Advisory Council on the National Information Infrastructure to advise the IITF. The report establishes the following guidelines for govemment’s role: 1. Promote private sector investment, 2. Extend the concept of universal 3. Promote technological 4. Promote interactive, 5. Ensure information

innovation

and new applications,

user-friendly

operation of the NII,

security and network reliability,

6. Improve management 7. Protect intellectual

service,

of the radio frequency

spectrum,

property rights,

8. Coordinate efforts with other levels of government other nations, and 9. Provide public access to government

and with

information.

Among other recommendations, the report supports continuation of the HPCC program; implementation of networking pilot projects for schools, health care providers, libraries, universities, and state and local governments; and policy revisions that will allow greater private sector investment in the nation’s information infrastructure. The approach favored by the administration is threepronged: (1) support basic research and development for highcapacity computers and communications; (2) further the deployment of information and communication applications for health, education, libraries, and other public interest sectors; and (3) review regulatory policy to promote competition. In this way, the government hopes to encourage the private sector to achieve commercial viability for NII-related technology and to bring about greater interconnection of information resources. GII Report. In March 1994, Vice President Gore gave a speech before the International Telecommunications Union (ITU) in Buenos Aires, Argentina, at the first World Telecommunication Development Conference. There he called for the establishment of a GII. Vice President Gore stated that three major developments could arise from creation of a GII: its applications could result in greater participative democracy worldwide; it may act as a key for economic growth and increased global trade among all nations and as an important element of sustainable growth for lesser developed and developing nations. In February 1995, the IITF released its report, The Global Information Infrastructure: Agenda for Cooperation. The report recommends that the five major NII principles also be

the guidelines for establishing the GII: (1) encourage private investment globally, from privatization of countries’ telecommunications services to government-industry joint ventures for fostering technology development; (2) promote competition by encouraging nations to move away from telecommunications monopolies and limitation of foreign competition by liberalizing markets, removing foreign barriers among nations, and using multilateral agreements to foster technology transfer and trade; (3) provide open access to “ensure that all information service providers have access to facilities, networks, and network services” through interoperability (the ability to connect applications, services, and networks); (4) create a flexible regulatory environment by encouraging flexible national telecommunications policies and regimes; and (5) ensure universal service globally, although variables such as cost, level of existing infrastructure, technological capabilities of national networks, and maintenance and service, among others, differ from country to country. The administration’s GII report also addresses security, privacy, intellectual property and applications, and recommends that national, regional, multilateral, and international organizations and regimes provide the fora for discussion and eventual agreement on these issues. G-7 Meeting of February 1995. The release of the GII report coincided with the meeting of the Group of 7, or G-7, nations in Brussels, Luxembourg, in February 1995. Officials from the G-7 nations met to discuss global telecommunications issues, as well as participate in a concurrent telecommunications conference in Brussels. In his keynote speech for before the G-7 ministers and officials, Vice President Gore reiterated the five principles which the administration views as critical for developing the GII. The Vice President also challenged the European nations to speed their process of liberalizing telecommunications markets-which the European Union is attempting to accomplish by 1998. Vice President Gore also stated that further liberalization of the U.S. telecommunications market to foreign competition will likely be linked to efforts of other nations to reciprocate. Members from over 140 organizations, businesses, and other interested parties took part in the telecommunications technology and policy conference in Brussels. Several projects discussed and envisioned by government, industry, academic, and other representatives and leaders included creation of global data banks for international projects, providing greater access to global networks for small- and medium-sized businesses for export, harmonization of global standards to connect various parts of the information superhighway, and creation of digitized libraries for global public access. Some participants at the G-7 meeting and telecommunications conference have criticized the major industrial nations, including the United States, for failing to develop specific plans to implement the guiding principles of the GII. They contend that the G-7 meeting and conference did not go far enough to ensure that fundamental issues are not just discussed, but are truly addressed, by the industrial nations creating the GII. The Clinton administration has responded that implementation and development of goals into specific policy actions will occur at subsequent multilateral and international meetings. Initiatives in the 104th Congress Many members of the 104th Congress have demonstrated a keen interest in the convergence of information and telecommunication technologies. In a speech before the Washington Research Group in November 1994, Speaker of the House Gin-

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grich invoked Alvin Toffler and his book The Third Wave as part of the Speaker’s own vision of how development of information technology and infrastructure can “renew American civilization.” Speaker Gingrich contended that, unshackled, the private sector can provide the technologies and services so that distance medicine, distance learning, and distance work can become common, everyday occurrences. The convergence of information and telecommunications technologies could also revolutionize the democratic process. Speaker Gingrich has recommended filing all bills, hearing, and committee reports electronically, so that information may be available to everyone in the country at the same time. This would “change the entire flow of information and the entire quality of knowledge in the country, and it will change the way people will try to play games in the legislative process.” Congressional policymakers are likely to consider telecommunications issues from several perspectives: telecommunications regulatory reform, federal technology programs and budget, and defining personal privacy and pornography in the information age. These issues are currently being considered by the 104th Congress. Telecommunications Regulatory Reform. One of the key issues facing federal policymakers is how the government should address the continued convergence of telecommunication and information technologies and services. Several existing telecommunications laws and regulations have set the legal and regulatory parameters for what constitutes open access, universal service, free competition, and restrictions on market entry. But federal policymakers are now considering whether the existing U.S. legal and regulatory framework is now obsolete, based on a policy and classification system which treats cable, broadcast, and telephone industries separately and a regulatory structure which largely precludes competition. Many experts view telecommunications deregulation as integral for developing the NII. They contend that the NII will be developed by the private sector, which will have the incentive to commercially develop the technologies and provide the services in a competitive environment. Several bills introduced in the House of Representatives would amend or otherwise change the 1934 Communications Act, the 1956 Consent Decree, and/or the 1982 Modified Judgment Agreement [see “Legislation”], with the potential of significantly changing the nature of the U.S. telecommunications industry. The Senate is considering legislation that would broadly deregulate long-distance and local telephone, as well as cable, services nationally. S.652, the Telecommunications Competition and Deregulation Act of 1995, was introduced by Senator Pressler on March 30th and reported by the Senate Committee on Commerce, Science and Transportation (S.Rept. 104-23). During committee markup of a draft of S. 652, Senators Snowe and Rockefeller introduced an amendment that would require local and long-distance communications carriers to provide service to rural nonprofit health care centers, elementary and secondary schools, and public libraries. The Snowe-Rockefeller amendment would require rural nonprofit health care centers to pay rates “reasonably comparable” to those charged to commercial concerns, while schools and libraries would pay “affordable” rates, covering only a portion of a carrier’s local costs for the service. Proponents of this amendment contend that it is crucial to prevent creating urban “haves” and rural “have nots” as the NII is developed. Opponents contend that this amendment distorts the role of the free market in providing

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services and technologies in the most efficient manner and burdening providers, as well as setting a poor precedent of entitlement for other classes of users of the NII. The amendment passed during markup of the draft legislation, 10-8, on March 28, before S. 652 was formally introduced. Several bills have been introduced in the House of Representatives addressing U.S. telecommunications deregulation. H.R. 1555 (Bliley) is intended to deregulate the U.S. telecommunications industry and encourage deployment of new telecommunications technologies. This bill is currently being considered by both Committees on Commerce and Judiciary in the House of Representatives. FY1995 Rescissions. On April 5, 1995, President Clinton signed P.L. 104-6 (the DOD Emergency Supplemental Appropriations and Rescissions Act, H.R. 889), which rescinds the following amounts: $15 million from the NTIA’s information technology infrastructure program, $90 million from the Advanced Technology Program (ATP), and $300 million from the Technology Reinvestment Program (TRP). A second round of rescissions was approved by the House of Representatives on March 16, the Senate on April 6, and reported by Senate and House conferees on May 15. This rescission bill, H.R. 1158, rescinds $4 million from NTIA’s FY 1995 budget for information infrastructure, $17.55 million from the Department of Education’s Technology in education program, and $3 million (the entire FY 1995 appropriation) from NASA’s regional ecosystem computer-based modeling project. Another component of the NII modestly affected by the FY 1995 rescissions is the HPCC program. H.R. 1158, as reconciled by congressional conferees, rescinds $17 million from the Department of Commerce’s NIST in-house R&D (laboratories) program. In the conference reports for H.R. 1158, the conferees instruct Congress to follow both the House and Senate Appropriation Committees bill reports for this rescission. Both reports state their intention that rescissions be applied to “subactivities” which include NIST’s high performance computing initiative. However, President Clinton has threatened to veto H.R. 1158, if passed by Congress as amended in conference, because of rescissions in education and social programs. House and Senate FY1996 Budget Resolutions. On May 15, 1995, both Committees on Budget of the House of Representatives and Senate reported Concurrent Budget Resolutions for FY 1996. Although not binding, both provide redirection for federal information technology programs. The House Concurrent Budget Resolution, introduced by Representative Kasich (H. Con. Res. 67) recommends terminating the Department of Commerce and eliminating all funding for NTIA information infrastructure. H. Con. Res. 67 also recommends that the NSF redirect its priorities away from technology development and towards basic research, which could affect federal funding of the HPCC Program. H. Con. Res. 67 passed the House on May 16, and awaits Senate action. The Senate Concurrent Budget Resolution (S. Con. Res. 13), introduced by Senator Domenici, calls for continued congressional oversight of federal telecommunications programs. The Department of Commerce’s NTIA, ATP, and HPCC programs would be eliminated between FY 1996 and FY2002. S. Con. Res. 13, like H. Con. Res. 67, calls for NSF to redirect its programs towards basic research, also potentially affecting its participation in the HPCC Program. The full Senate is currently debating S. Con. Res. 13. Privacy and Pornography. An important issue connected with development of the NII is personal privacy and freedom of

information. Government and industry leaders have expressed concern that individuals have the same rights and protection in an information age as they have in other forms of society. Several bills addressing privacy in the information age have been introduced in the 104th Congress, and may affect the development and applications of the NII. Pornography on networks has been addressed in legislation introduced by Senator Exon and Representative Burton. Senator Exon has sponsored the Communications Decency Act of 1995 (S. 314), which would extend obscenity provisions of the 1934 Communications Act beyond telephone to telecommunication, network, and information technologies. S. 3 14 was amended and included as part of the Telecommunications Competition and Deregulation Act of 1995, S. 652. As reported by the Committee, originators of objectionable material would be held liable, rather than the companies or institutions that unknowingly carry the material over their networks. Critics of the proposal maintain that it would violate important First Amendment principles, would have a chilling effect on the growing online services industry, and is not needed since online service providers offer control features that allow people to screen out objectionable material. Proponents maintain that the growth in public computer networks, like many that are part of the Internet, link millions of people and are essentially open to the transmission of offensive material. Since these networks are used by an increasing number of children, advocates of the provisions assert that penalties must be established to inhibit the transmission of such material as sexually oriented pictures. Representative Burton has introduced similar legislation (H.R. 121) to the Exon provisions in S. 652. Senator Leahy has introduced legislation (S. 714) that calls on the Attorney General to produce a study of how to best control the flow of offensive, violent, explicit, harassing or otherwise unwanted material on telecommunications networks. Both of these bills will likely receive further consideration in this Congress. Issues Related to the Federal Role Debate exists as to what role the federal government should play with regard to evolution of the NII. At the beginning of the Clinton administration, there was some confusion about campaign statements that seemed to imply that the federal govemment should take an active role in “building information superhighways,” a notion that was unsettling to many within the telecommunications industry. The debate has broadened since Speaker Gingrich and the members of the new Congress have expressed other approaches to the information age. Vice President Gore and Speaker Gingrich do not necessarily differ in their goals and objectives of an NII: development of a integrated network system that will permit educators and students to have access to information; a populace well informed of issues and how their representatives vote; and enhanced productivity for U.S. firms in a global environment. But what is the federal role for planning, financing, and operating the NII, and at what point is the public sector serving as a catalyst for private investment? The federal debate regarding creation and development of the NII will, in part, be shaped by developments in the private sector and among information and telecommunications experts. Several highly regarded reports from outside the federal government may provide congressional policymakers other perspectives when considering the NII. Many industry representatives feel that various types of government support for the NII are appropriate to lay the founda-

tion for long-term economic growth and success in international competition. For example, the Computer Systems Policy Project (CSPP) has called for the government to develop milestones for NII development, promote industry-developed interoperability standards through government purchases of NII-related equipment and services, support U.S. industry’s standards interests in international bodies, fund testbeds and demonstration projects, remove barriers to competition, and develop definitions of essential NII services and resources. The Computer and Communications Industry Association (CCIA) has endorsed federal oversight of NII-related standards development by industry groups, and federal arbitration if such development becomes bogged down by industry disputes. CCIA also encourages having government set time frames for the establishment of required standards, support research into NII application and user-friendly interfaces, aid “precompetitive” technology testbeds, and, if necessary, target subsidies to certain end users. The private sector Council on Competitiveness issued a report on the NII entitled Breaking the Barriers to the National Information Infrastructure in December 1994. The Council on Competitiveness report emphasizes that the promise of the NII applications still remains largely unmet, and that the reluctance of people and organizations to change remains a significant barrier to the widespread use of new applications. The report emphasizes regulatory and legal barriers as the most important for new applications, citing fields like telemedicine and health care where both the actual and potential liability concerns are paramount. The Council on Competitiveness report acknowledges the importance of federal investment in new NII technologies and encouraging applications. But the report stresses the importance of ongoing public and private sector applications as the course most likely to deliver on the promise of the NII. The National Academy of Sciences (NAS), representing the nation’s scientific, engineeringand technical communities, also has addressed aspects of the NII. In February 1995, the National Research Council (NRC) of the NAS released a report, Evolving the High Per.$ormance Computing and Communications Initiative to Support the Nation 5 Information Znfrastructure. The report contends that the U.S. computer industry has benefited from 40 years of federal support. The unanticipated benefits springing from federal research money, combined with the inherent dynamism of the industry, has made this govemment-industry relationship an important part of U.S. competitiveness. According to the NRC, federal support of the HPCC program should not be significantly reduced, although continued program redirection may be necessary. Redirection may include national, rather than grand, challenges-fewer specific scientific and mathematical applications, and instead broader uses in schools and libraries. Network and NII development should be emphasized over peak performance benchmarks in supercomputer technologies. The NII and Applications Various interest groups and individual analysts have used the NII concept or similar visions to describe how use of new generations of computer and telecommunications technology might enhance the quality of life for all Americans. Recognizing that the United States has a substantial information infrastructure that increasingly makes use of an expanding national inventory of computers and telecommunications equipment, these visions try to describe what could likely be accomplished with these technologies either through new applications or

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greater diffusion of innovative applications already in use. Moat NII-related visions do not consider evolution of an NII to be a goal in and of itself. Rather, the NII is seen as a means to such ends as improving U.S. commercial and industrial competitiveness within global markets, enhancing the productivity of research and development activities, enhancing educational achievement by current and future workers, improving health care delivery, increasing government efficiency, and expanding access to and effective use of information resources by the American population. A key characteristic of the NII concept is information on demand-enabling of individuals and organizations to immediately retrieve any needed information from anywhere for any purpose. In the applications that have been proposed for special attention from the federal government, the NII might support the following capabilities: l

l

l

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Education: Connecting all students and teachers to information-sharing networks would provide them immediate access to a wealth of educational resources, whether in urban or rural areas or at school or home. Computer-based instruction can allow students to make progress at their own pace and free teachers to devote more individual attention to each of their students. Electronic libraries could provide students not only with text, but photos, videos, and recordings that will more fully engage and enlighten the student. multimedia communication could enable Interactive, sophisticated laboratory work and wide-ranging field trips without leaving the classroom. Government Information: Quickly identifying, locating, and retrieving specific information from the vast resources created and maintained by government has been a chronic problem for many potential users, including those interested in agricultural, health, weather, economic, science, and other data. Access to all types of government information using the type of storage and retrieval technologies pioneered within the Internet could allow “one-stop shopping” for such information from virtually any computer in the United States. The Library of Congress has developed an online database retrieval system for congressional legislation, hearings, and reports called “Thomas,” which is intended to become available to all network users. Health Care: Advanced communications, including twoway video, might increase the amount and quality of health care that Americans could receive in their homes, in their personal physician’s office, or in their local clinic or hospital by allowing better access to remote medical expertise. Computer-based patient records might improve the availability of individual medical histories for decision making by authorized health care providers and reduce costs. Libraries: Interconnection and digitization of library collections would enable more individuals to have access to more information resources, while limiting the amount of information that any one library must take responsibility for maintaining on site. Digitization, which is the electronic recording of text, images, sound, and other data resources, would make these resources more accessible to disabled persons such as the mobility-, hearing-, or vision-impaired. Using local libraries as a gateway to the collective resources of the NII might ensure that information is accessible by all individuals to prevent a society of “information haves and have-nots.”

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. Manufacturing: Continuous improvement in manufacturing processes can be facilitated by the electronic management of all relevant information. Concurrent and distributed design, engineering, and manufacturing to minimize new product introduction cycles and costs often demands coordinated scheduling and production across geographic and corporate boundaries. Electronic commerce can help manufacturers locate suppliers, identify customers, place and receive orders, exchange payments, and ascertain current regulatory requirements. Advancements in digital compression technology, which enables lower capacity wireless and wire-based transmission media to handle increasing amounts of telecommunications traffic, might significantly postpone a need to accelerate deployment of fiber optic cables beyond that already being carried out by telephone and cable television companies. It is clear, then, that the NII will continue to evolve as a hybrid of technologies, including fiber optic, ISDN-enhanced copper wire, coaxial cable, and wireless transmissions. LEGISLATION P.L. 104-6, H.R. 889: Emergency Supplemental Appropriations and Rescissions for the Department of Defense to Preserve and Enhance Military Readiness Act of 1995. Provides for disaster relief and make rescissions for the FY 1995 Department of Defense budget, and other provisions. Introduced February 10, 1995; referred to Committee on Appropriations. Amended, through earlier measure reported in H.Rept. 104-29, February 10, 1995. Reported and passed House, as amended, 262-165, February 2. Referred to Senate Committee on Appropriations, February 23. Reported, amended, March 2 (S.Rept. 104-12). Passed Senate, amended, 97-3, March 16. Conference Report (H.Rept. 104-101) issued April 5,1995. House and Senate agreed to Conference Report, April 6. Signed into law April 10, 1995. H.R. 121 (Burton): Amends title 18, U.S. Code, to specify the use of computers in or affecting commerce as a basis for federal prosecution of certain obscenity offenses. Introduced January 4, 1995; referred to Committee on Judiciary. Referred to Subcommittee on Crime, January 25. H.T. 1158 (Livingston): Emergency Supplemental Appropriations for Additional Disaster Assistance and Makes rescissions for the fiscal year ending Sept. 30, 1995, and contains provisions for other purposes. Introduced March 8, 1995; referred to Committee on Appropriations. Passed House, 227200, March 16. Reported out of Senate Committee on Appropriations as S. 617 (S.Rept. 104-17) on March 24. Passed Senate (amended) 99-0, April 6. Conference held, May 3-15. Reported out of conference, May 16. H.R. 1219 (Kasich): Discretionary Spending Reduction Control Act of 1995. Contains provisions to further reduce federal domestic spending, including elimination of the ATP and information infrastructure programs. Introduced March 13, 1995; referred to Committee on the Budget, March 13, 1995. Reported to House, March 23 (H.Rept. 104-89, Part 1). H.R. 1555 (Bliley): Contains provisions to promote competition and reduce regulation in order to secure lower process and higher quality services for U.S. telecommunication’s consumers and encourage the rapid deployment of new telecommunications technologies. Introduced May 3, 1995; referred jointly to Committees on Commerce and the Judiciary. Hear-

ings held by Telecommunications Subcommittee of Commerce Committee, May 10-12, 1995. S. 314 (Exon): Communications Decency Act of 1995. Contains provisions to protect the public from the misuses of the telecommunications network and telecommunications devices and facilities. Introduced February 1, 1995; referred to Committee on Commerce. Amended and incorporated into the Telecommunications Competition and Deregulation Act of 1995 (S. 652) reported by Committee on Commerce, Science and Transportation on March 30. S. 652 (Pressler): Telecommunications Competition and Deregulation Act of 1995. Provides for a pro-competitive, deregulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunication and information technologies and services by opening all telecommunications markets to competition. Draft legislation considered by the Committee on Commerce, Science, and Transportation, with Snowe-Rockefeller amendment providing for services for rural non-profit health centers, schools, and libraries, March 23, 1995. Full legislation introduced March 30, 1995; referred to Committee on Commerce, Science, and Transportation. Reported March 30 (S.Rept. 104-23). S.714 (Leahy): Contains provisions to require the Attorney General to study and report to Congress on means of controlling the flow of violent, sexually explicit, harassing, offensive, or otherwise unwanted material in interactive telecommunications systems. Introduced April 7, 1995; referred to Committee on the Judiciary.

FOR ADDITIONAL READING Clinton, William J. & Albert Gore, Jr. The Global Znformation Infrastructure: Strategy for Action. Report of the Information Infrastructure Task Force. (Washington, DC., February 1995). Clinton, William J. & Albert Gore, Jr. The National Znformation Infrastructure: Agenda for Action. Report of the Information Infrastructure Task Force, (Washington, D.C., September 1993). Council on Competitiveness. Breaking down the Barriers to the National Information Infrastructure. (Washington, D.C., February 1995). National Institute of Standards and Technology. Putting the Information Infrastructure to Work: A Report of the Znformation Infrastructure Task Force Committee on Applications and Technology. NIST Special Publication 857. (Washington, D.C., May 1994). National Research Council. Evolving the High-pe$ormance Computing an Communications Initiative to Support the Nation S Information Infrastructure (Washington, D.C., February 1995). U.S. Office of Science and Technology Policy. High Pegormance Computing and Communications: Technology for the National Information Infrastructure [supplement to the President’s fiscal year 1995 budget]. (Washington, D.C.: Federal Coordinating Council for Science, Engineering, and Technology, the National Science Foundation, 1994).

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