[1786] in Commercialization & Privatization of the Internet

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Congressional Record Appears to Speak to Narrow NREN Control

daemon@ATHENA.MIT.EDU (Gordon Cook)
Thu Dec 26 00:12:10 1991

To: com-priv@psi.com
Date: 26 Dec 91 00:03:12 EST (Thu)
From: cook@tmn.com (Gordon Cook)


<<MESSAGE from>> Gordon Cook                          26-DEC-91  0:03
                 cook@tmn
 Needless to say I agree with the tenor and hope expressed in Dave Hughes 
 message that the commoners will not find themselves disbarred from the 
 NREN.  However reading the congressional record extracts on NREN from the 
 senat side leaves me discouraged.
 
 Consider the following remarks of Senator Wallop on page S17733 of the 
 Congressional Record (Nov 22, 1991):
 
 "The statement in section 102(a) that the NREN is to link research and 
 educational institutions, government and industry 'in every state' is to 
 be taken as a goal, NOT A REQUIREMENT TO BE READ LITERALLY. Similarly the 
 requirement of Section 102(b) that 'Federal agencies shall work with State 
 and local agencies, libraries, educational institutions and organizations, 
 private network service providers, and others in order to ensure that 
 researchers, educators, and students have access, as appropriate, to the 
 Network,' is a GOAL of the legislation, NOT A REQUIREMENT.  The words 'to 
 ensure' in this provision are NOT to be read literally as a specific 
 statutory requirement."
 
 Several paragraphs later Wallop concludes:  "Mr President, with these 
 understandings by the Senate, I support the passage of the High 
 Performance Computing Act of 1991, S272, as ammended by the House."
 
 Nothing that I could find in the Record show other senators rising to 
 DISAGREE with Wallop's interpretation of the newly passed law.
 
 On November 23, 1991 (pages S 17894-96) Senator Gore offers further 
 comments:  "Anoher important addition to the bill were House provisions 
 authoring high performance computing efforts [note NREN not mentioned - 
 GC] at the Department of Education, the Environmental Protection Agency, 
 and the National Oceanic and Atmospheric Administration.  Although these 
 are not the largest contributors to the HPC Program, each will play an 
 important role. [Gore describes role at NOAA and EPA.]  And the Department 
 of Education has begun to develope new ways to use computers and networks 
 in education.  Although the Senate version of S. 272 did not include 
 provisions for the Department of Education for jurisdictional reasons, I 
 was glad we could incorporate such provisions in the final version.  Some 
 of the most exciting applications of advanced computing are in Education 
 and the Department of Education has a key role to play."  [Good on lofty 
 goals but short on details.  When in October I talked to a key player at 
 the department of Education who didn't even know that the D of Ed role had 
 been preserved, I fely further discouragement.]
 
 Several paragraphs later we find Senator Gore asserting "One provision [of 
 the law] states that the Network shall 'link existing Federal and 
 non-Federal computer networks, to the extent appropriate, in a way that 
 allows autonomy within each component network.'
 
 This means that the various networks must use compatible communications 
 protocols and hardware.  However the bill makes clear that if a network 
 provider no longer wishes to be connected to the NREN, it has the option 
 of disconnecting from the NREN.  This subsection of the bill also makes 
 clear that most of the NREN will be built and run by the private sector.  
 Much of the traffic on the the NREN will be carried by lower speed links 
 which could be purchased from the private sector." (S page 17895)
 
 On the day before (page S17734) Senator Gore stated:  "The NREN is a 
 national demonstration project that will spur the private sector 
 investment needed to deploy a ubiquitous fiber-optic network..." "The NREN 
 will demonstrate what gigabit networks can do and generate the public 
 demand for such services.  When the general public sees what NREN users 
 can do, they are going to want similar services in their home and office.  
 This bill is a first step toward meeting that need."
 
 [It may be called a NATIONAL Network but Senator Gore's statement makes it 
 pretty clear that it is NOT there to serve the unwashed masses.]
 
 The law contains only the following criteria on how the NSF shall spend 
 the several hundred million it is given for the network.  On page s 17730 
 we read Sec 201 (a) 2 "to the extent that colleges, universities and 
 libraries cannot connect to the network with the assistance of the private 
 sector [since when has the private sector ever assisted ths?] the national 
 science foundation shall have the 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 Foundation shall upgrade the NSF funded network, assist regional 
 networks to upgrade their capabilities, and provide other Federal 
 Departments and agencies the oportunity to connect to the NSF funded 
 network."
 
 We see here at work what appears to be a process of sliding the network 
 back to its initial purpose of high end use only after language suggesting 
 a broad availability of the network had been added to make its passage 
 easier.  No wonder Apples John Sculley on behalf of the Computer Systems 
 Policy Project was sounding the alarm two weeks ago that NREN as currently 
 conceived is too elitist and unlikely to be given continuing support by 
 the American taxpayer.
 


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