[12077] in Commercialization & Privatization of the Internet
Re: legal basis for NSF Support of Internet
daemon@ATHENA.MIT.EDU (James Keller)
Wed May 4 13:46:27 1994
From: "James Keller" <KELLER@ksgrsch.harvard.edu>
To: com-priv <com-priv@psi.com>, James Love <love@essential.org>
Date: Wed, 4 May 1994 08:44:39 EST
Reply-To: keller@ksgrsch.harvard.edu
> Date sent: Wed, 4 May 1994 07:09:35 -0400 (EDT)
> From: James Love <love@essential.org>
> Subject: legal basis for NSF Support of Internet
> To: com-priv <com-priv@psi.com>
>
> Distributed to TAP-INFO, a free Internet Distribution List
> (subscription requests to listserver@essential.org)
>
> TAXPAYER ASSETS PROJECT - INFORMATION POLICY NOTE
> May 4, 1994
>
> Re: legal basis for NSF Support of the Internet
>
> The following is a memorandum written by attorney Martin
> Garthwaite, outlining the current legal basis for NSF funding of
> the Internet. The statutes make for an interesting read, at
> least I thought so. For example, as a result of the 1991 High-
> Performance Computing Act, USC 5512 (c)(6) requires NSF to
> develop a network that will:
>
The act actually reads:
"(a) Establishment - As part of the Program, the National Science
Foundation, the Department of Defense, the Department of Energy, the
Department of Commerce, the National Aeronautics and Space Program,
and other agencies participating in the Program shall support the
establishment of ..."
> e" limitation on use of the NSFNET backbone. As
> far as funding flowing to universities for LANs and to regional
> network providers, the NSF was authorized to support "cooperative
> research centers" in 1986 by Public Law 99-502, codified in 15
> U.S.C. 3707. It says in paragraph (a), "The National Science
> Foundation shall provide assistance for the establishment of
> Cooperative Research Centers. Such Centers shall be affiliated
> with a university or other nonprofit institution, or a group
> thereof."
>
> The National High-Performance Computing Program was
> established in 1991 and was codified in 15 U.S.C. 5501 et seq.
> The NSF has interpreted this legislation to allow the creation of
> a very high-speed Backbone Network Service (vBNS) used only to
> link NSF supercomputing centers, to begin the privatization of
> backbone service, and to create the Network Access Points (NAPs).
>
> 5512. National Research and Education Network.
> (a) Establishment. As part of the [High-Performance
> Computing] Program, the National Science Foundation. . . and
> other agencies participating in the Program shall support
> the establishment of the National Research and Education
> Network, portions of which shall, to the extent technically
> feasible, be capable of transmitting data at one gigabit per
> second or greater by 1996. The Network shall provide for the
> linkage of research institutions and educational
> institutions, government, and industry in every State.
>
> Though the preceding paragraph would appear to require
> access to the vBNS to a broader range of users than just the NSF
> supercomputing centers, the following paragraphs of 15 U.S.C.
> 5512, particularly (c)(4) and (c)(6), appear to sanction such a
> limitation as well as possibly sanctioning usage based charges
> for backbone service. Support for NSF plans to role back
> subsidization of access to backbone service and to create the
> NAPs system may also be found in (c)(3), (c)(4), and (c)(8),
> below.
>
> (b) Access. Federal agencies and departments shall work with
> private network service providers, State and local agencies,
> libraries, educational institutions and organizations, and
> others, as appropriate, in order to ensure that the
> researchers, educators, and students have access, as
> appropriate, to the Network. The Network is to provide users
> with appropriate access to high-performance computing
> systems, electronic information resources, other research
> facilities, and libraries. The network shall provide access,
> to the extent practicable, to electronic information
> resources maintained by libraries, research facilities,
> publishers, and affiliated organizations.
> (c) Network characteristics. The Network shall--
> (1) be developed and deployed with the computer,
> telecommunications, and information industries;
> (2) be designed, developed, and operated in collaboration
> with potential users in government, industry, and research
> institutions and educational institutions;
> (3) be designed, developed, and operated in a manner which
> fosters and maintains competition and private sector
> investment in high-speed data networking within the
> telecommunications industry;
> (4) be designed, developed, and operated in a manner which
> promotes research and development leading to development of
> commercial data communications and telecommunications
> standards, whose development will encourage the
> establishment of privately operated high-speed commercial
> networks;
> (5) be designed and operated so as to ensure the continued
> application of laws that provide network and information
> resources security measures, including those that protect
> copyright and other intellectual property rights, and those
> that control access to data bases and protect national
> security;
> (6) have accounting mechanisms which allow users or groups
> of users to be charged for their usage of copyrighted
> material available over the Network and, where appropriate
> and technically feasible, for their usage of the Network;
> (7) ensure the interoperability of Federal and non-Federal
> computer networks, to the extent appropriate, in a way that
> allows autonomy for each component network;
> (8) be developed by purchasing standard commercial
> transmission and network services from vendors whenever
> feasible, and by contracting for customized services when
> not feasible, in order to minimize Federal investment in
> network hardware;
> (9) support research and development of networking software
> and hardware; and
> (10) serve as a test bed for further research and
> development of high-capacity and high-speed computing
> networks and demonstrate how advanced computers, high-
> capacity and high-speed computing networks, and data bases
> can improve the national information infrastructure.
>
> 15 U.S.C. 5521, "National Science Foundation activities,"
> spells out additional responsibilities of the NSF as well as its
> appropriations.
>
> (a) General Responsibilities. As part of the [High-
> Performance Computing]Program described in subchapter I
> [which includes 5512 cited above] of this chapter --
> (1) the National Science Foundation shall provide computing
> and networking infrastructure support for all science and
> engineering disciplines, and support basic research and
> human resource development in all aspects of high-
> performance computing and advanced high-speed computer
> networking;
> (2) to the extent that colleges, universities, and libraries
> cannot connect to the Network with the assistance of the
> private sector, the National Science Foundation shall have
> primary responsibility for assisting colleges, universities,
> and libraries to connect to the Network;
> (3) the National Science Foundation shall serve as the
> primary source of information on access to and use of the
> Network; and
> (4) the National Science Foundations shall upgrade the
> National Science Foundation funded network, assist regional
> networks to upgrade their capabilities, and provide other
> Federal departments and agencies the opportunity to connect
> to the National Science Foundation funded network.
> (b) Authorization of appropriations. From sums otherwise
> authorized to be appropriated, there are authorized to be
> appropriated to the National Science Foundation for the
> purposes of the Program $213,000,000 for fiscal year 1992;
> $262,000,000 for fiscal year 1993; $305,000,000 for fiscal
> year 1994; $354,000,000 for fiscal year 1995; and
> $413,000,000 for fiscal year 1996. [These amounts may be
> increased by HR 820 to $339,00,000 for 1994 and $404,000,000
> for 1995.]
