About this Author
Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @

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October 04, 2004

Rumors Continue to Fly Around New INDUCE Act (IICA) Draft

Posted by Ernest Miller

According to anonymous reports, our betters continue to develop internet innovation policy behind closed doors. Apparently, the open transparent processes that led to the development of the internet are not appropriate to the development of innovation policy.

Supposedly, the revised bill will be completed by close of business today for markup in the Senate tomorrow. No hearings. No public debate. Nada, nothing, zilch.

Also, if what I've been hearing is true, there is a liklihood of some really terrible additional provisions being added to the basic framework of the INDUCE Act (IICA), such as a requirement for file sharing filtering being built into filesharing applications.

Of course, it would be nice not to have to report on rumors. If our elected representatives had any trust in democratic processes, they would make the various language being batted about and the various draft bills public. They certainly wouldn't require a vow of silence from the participants in the process.

Comments (2) + TrackBacks (0) | Category: INDUCE Act


1. Thad Anderson on October 6, 2004 06:10 AM writes...

I have been trying to talk to Senate Judiciary Committee staffers about the INDUCE Act, and it is impossible to get any information. Staffers from Leahy's office, Feingold's office, and Schumer's office (my Senator on the committee) returned my calls . . . but couldn't tell me much. And most of the time I've spent on the phone ends up consisting of me trying to explain to some intern or secretary what the INDUCE Act is (or, in some cases, what Peer-to-Peer networking is in general).

I'm just a citizen, and not a major player when it comes to this issue - so it's not like I was expecting the royal treatment. But the lack of information has been frustrating. We have to figure out some better way for committees to let interested parties know what's going on. Even just a "status" web page that's updated at the end of the day, providing some idea of what the time frames for drafting and hearings are, would be an improvement.

Thad Anderson

Permalink to Comment

2. Ernest Miller on October 6, 2004 03:41 PM writes...

The staffs wouldn't have to do anything. All they would have to do is free the participants in the discussions to make the discussions public.

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