APPENDIXES



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Critical Information Infrastructure Protection and the Law: An Overview of Key Issues APPENDIXES

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Critical Information Infrastructure Protection and the Law: An Overview of Key Issues This page in the original is blank.

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Critical Information Infrastructure Protection and the Law: An Overview of Key Issues A COMMITTEE MEMBER AND STAFF BIOGRAPHIES COMMITTEE MEMBERS Stewart D. Personick (NAE), Chair, is an expert in telecommunications and information networking technologies and applications. Dr. Personick is currently the E. Warren Colehower Chair Professor at Drexel University and director of the Center for Telecommunications and Information Networking. He spent the first 15 years of his career at Bell Laboratories and at TRW, doing research and managing research in fiber-optics technologies and applications for telecommunications. Dr. Personick spent the next 15 years of his career at Bellcore (which became Telcordia Technologies, Inc.) doing research, research management, and management of systems engineering programs directed at emerging and next-generation telecommunications technologies and applications. He has played an active role over the last 10 years in the formulation of policy issues relating to the evolution and use of information infrastructures. For 5 years, he served as a member, and for 1 year as chair, of the Federal Networking Council Advisory Committee. He served as chair of the National Research Council committee that produced the report Commercial Multimedia Technologies for 21st Century Army Battlefields. In addition, Dr. Personick was a member of the CSTB committee that produced the report Making IT Better. He has served as a reviewer or the review referee for several other CSTB committee reports and is a member of the Board on Army Science and Technology (BAST).

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Critical Information Infrastructure Protection and the Law: An Overview of Key Issues Michael Collins, director of information technology at Lockheed Martin, is responsible for working strategic information technology issues that cross the corporation’s diverse technical landscape. He is responsible for identifying emerging technology and ensuring its integration into the corporation. Mr. Collins has responsibility for tracking and integrating internal research and development (IR&D) plans across all corporate line-of-business areas. He manages an annual $20 million corporate R&D program with the GE Corporate Research and Development Labs and is caretaker of the strategic partnership between GE and Lockheed Martin. He is also the focal point for the corporation’s R&D interface with Sandia National Laboratories that Lockheed Martin is under contract to operate. In that role Mr. Collins manages a $3 million corporate R&D program under the Shared Vision Program. He serves as executive director for the corporation’s focus teams in advanced software technology, information fusion, information assurance, knowledge management system integration, and virtual environments. Mr. Collins also is the working interface between the corporation and the President’s National Security and Telecommunications Advisory Committee (NSTAC). William J. Cook is a partner at Freeborn and Peters. He is an experienced litigator (90 trials) with an international practice focused on technology issues. Mr. Cook specializes in information security law, computer and network security liability issues, intellectual property litigation, Internet and Web liability and commerce issues, e-commerce transactions, and competitive intelligence issues surrounding corporate efforts to monitor their competitive environment and the resulting liability issues. Prior to that he spent 16 years as an aassistant U.S. attorney in Chicago. From 1987 to October 1991, he prosecuted computer and telecommunications technology fraud and the illegal transfer of controlled technologies from the United States. He has lectured and written extensively on computer and telecommunications laws, vulnerabilities, and proactive counter-measures and criminal and civil liability for misappropriation of intellectual property. He teaches Internet and Web law as an adjunct professor at the University of Illinois Law School. As a member of the Illinois Attorney General’s Commission on Electronic Commerce and Crime Committee, Mr. Cook assisted in drafting Illinois’s Digital Signature Act. Mr. Cook has testified as an expert on Internet law and liability before the U.S. House of Representatives’ Judiciary Committee, the Illinois State Assembly forum, and the Federal Communications Commission. He assisted with the British Department of Trade and Industry’s formation of the British Computer Misuse Act of 1990.

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Critical Information Infrastructure Protection and the Law: An Overview of Key Issues Deborah Hurley is the director of the Harvard Information Infrastructure Project at Harvard University, adjunct lecturer in Public Policy at the John F. Kennedy School of Government, and a senior research associate in the Belfer Center for Science and International Affairs. From 1988 through 1996, Ms. Hurley was an official of the Organization for Economic Cooperation and Development (OECD), where she had responsibility for legal, economic, social, and technological issues related to information and communications technologies, biotechnology, environmental and energy technologies, technology policy, and other advanced technology fields. As the administrator in the Information, Computer and Communications Policy Division of OECD’s Directorate for Science, Technology and Industry, she focused on identifying emerging issues related to protection of personal data and privacy, security of information systems, cryptography technology and policy, and protection of intellectual property. Ms. Hurley, after writing the seminal report on information network security for the OECD member nations in 1989, was responsible for the drafting, negotiation, and adoption by OECD member countries of the 1992 OECD Guidelines for Security of Information Systems. Ms. Hurley also initiated the OECD activities on cryptography technologies and policy in the early 1990s. She is a member of the Advisory Committee to the U.S. State Department on International Communications and Information Policy and co-chair of its Working Group on Security, Encryption and Export Controls. Ms. Hurley is a member of the board of directors of the Electronic Privacy Information Center (EPIC). She has been appointed to a 3-year term (2000-2003) as a member of the Advisory Committee on International Science of the American Association for the Advancement of Science. She served as chair of the 2001 Computers, Freedom and Privacy Conference (CFP 2001). Ms. Hurley is the author, with Viktor Mayer-Schönberger, of “Globalization of Communications” and “Information Policy and Governance” in John Donahue and Joseph Nye, Jr., eds., Governance in a Globalizing World (Brookings Institution Press, 2000). Other recent publications include The First 100 Feet: Options for Internet and Broadband Access, edited with James H. Keller (The MIT Press, 1999), and “Security and Privacy Laws: The Showstoppers of the Global Information Society,” in Masters of the Wired World (Pitman Publishing, 1999). Daniel Schutzer is vice president and director of external standards and advanced technology with the emerging technologies group at Citigroup. Dr. Schutzer is a member of the Financial Services Technology Consortium Board and is on the advisory board of the National Academy of Sciences. He was a member of the CSTB committee that produced The Internet’s Coming of Age and has participated in other CSTB activities. He

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Critical Information Infrastructure Protection and the Law: An Overview of Key Issues currently has responsibility for interfacing with external organizations and standards bodies and for representing Citibank. This includes coordinating technology with business goals and priorities and keeping Citibank up to date with the latest technology and standards advances. Dr. Schutzer’s projects include electronic banking and electronic commerce, bill presentment and payment, risk management, customer behavior modeling and mathematical marketing, and new product design. Advanced technologies under investigation include agent technology, machine learning, multimedia, biometrics, image and voice processing, and high-performance computing. Currently, he teaches part-time at Iona College in New Rochelle, New York, and at George Washington University in Washington, D.C. He holds a B.S.E.E. from the College of City of New York and an M.S.E.E. and Ph.D from Syracuse University. He has authored over 65 publications and 7 books. W. David Sincoskie (NAE) is vice president of the Internet Architecture Research Lab at Telcordia Technologies, Inc. He has extensive experience with computer networking and communications technologies. Dr. Sincoskie helped the Defense Advanced Research Projects Agency (DARPA) with its long-range research strategy by participating in the information science and technology study group from 1994 to 1998. In the summer of 1995, he participated in a study that led to the creation of DARPA’s program in active networks. In 1996, Dr. Sincoskie chaired a study on network management and survivability. In 1998, he co-chaired a study on smart objects. Before Telcordia, Dr. Sincoskie was project director for the NSFNet network access points in San Francisco and Chicago. He served on the Internet Architecture Board from 1993 to 1995. In 1991, he formed and led Bellcore’s collaborations on local asynchronous transfer mode (ATM) with Apple, Digital, Hewlett-Packard, Sun Microsystems, and Xerox Palo Alto Research Center, resulting in the first publication of specifications for a new generation of LANs based on ATM technology, in 1992. He is a member of the National Academy of Engineering, elected for contributions in packet switching for integrated networks, and a fellow of the Institute of Electrical and Electronics Engineers. Dr. Sincoskie served on the CSTB committee that produced Evolving the High Performance Computing and Communications Initiative to Support the Nation’s Information Infrastructure. Dr. Sincoskie is also an adjunct professor of computer and information science at the University of Pennsylvania. Richard R. Verma serves as foreign policy advisor to Senator Harry Reid of Nevada. Mr. Verma is also an international affairs fellow with the Council on Foreign Relations. Previously, he was an attorney at Steptoe and Johnson, LLP, where his practice focused on U.S. trade sanctions,

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Critical Information Infrastructure Protection and the Law: An Overview of Key Issues export controls, and trade policy matters. He advised numerous clients on the legal issues surrounding critical infrastructure protection, information-sharing mechanisms, and U.S. government restrictions pertaining to the export of dual-use goods and technologies. Mr. Verma led the first-of-its-kind global study on the import, export, and use of encryption regulation in over 92 countries and oversaw the preparation of a 42-country guide on digital signatures, online privacy, and online consumer protection. He has represented a number of clients before the U.S. Congress and several administrative agencies. He drafted H.R. 2404, the Personal Medical Information Protection Act of 1999. Mr. Verma served as a law clerk to the Honorable John O. Marsh, Jr., the former secretary of the army, and worked as a field representative in Bucharest, Romania, for the National Democratic Institute for International Affairs. He received his B.S. from Lehigh University, a J.D. from American University, and an LLM in international and comparative law from Georgetown University Law Center. Marc J. Zwillinger is a partner in the Washington office of Sonnenschein Nath & Rosenthal, where he leads the firm’s Cyberlaw and Information Security efforts. Previously, Mr. Zwillinger was a partner at Kirkland & Ellis and was the leader of the Cyberlaw and Information Security practice group and a member of the firm’s Technology Committee. Prior to joining Kirkland & Ellis, he worked in the Computer Crime and Intellectual Property Section of the Criminal Division of the Department of Justice. At the Department of Justice, he coordinated the investigations of several high-profile computer crime cases, including the 1997 penetration of U.S. military computer systems by an Israeli hacker (“Solar Sunrise”), the denial-of-service attacks that hit e-commerce sites in February 2000, and the “I Love You” virus. He also investigated and prosecuted cases involving violations of the Economic Espionage Act of 1996 (EEA) and was responsible for coordinating the Department of Justice’s approval for charges filed nationwide under the EEA. He personally represented the government in United States v. P.Y. Yang, et al., the first EEA case successfully tried in the United States. In private practice, he now provides advice and counsel on protecting the confidentiality, availability, and integrity of proprietary information and conducts internal investigations and litigation for companies that have suffered a breach of computer security or loss of trade secret technology. He also helps companies to assess and limit their risk resulting from e-commerce-related activities. He has lectured to a wide variety of audiences on topics related to computer crime and economic espionage and serves as an adjunct professor of cyberlaw at the Columbus School of Law at the Catholic University of America. He received a J.D., magna cum laude, from Harvard Law School in 1994 and then clerked for Judge Mark L. Wolf of the United States

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Critical Information Infrastructure Protection and the Law: An Overview of Key Issues District Court, District of Massachusetts. Prior to practicing law, Mr. Zwillinger received a bachelor’s degree in political science from Tufts University in 1991. STAFF Cynthia A. Patterson is a study director and program officer with the Computer Science and Telecommunications Board of the National Academies. She is currently involved in several CSTB projects, including a project that explores the intersection of geospatial information and computer science research communities and a congressionally mandated study on Internet navigation and the Domain Name System. Ms. Patterson is also working on a joint study with the Board on Earth Sciences and Resources and the Board on Atmospheric Sciences and Climate on public-private partnerships in the provision of weather and climate services. Prior to joining CSTB, Ms. Patterson completed an M.Sc. at the Sam Nunn School of International Affairs at the Georgia Institute of Technology. Her graduate work was supported by the Department of Defense and Science Applications International Corporation. In a previous life, Ms. Patterson was employed by IBM as an IT consultant for both federal government and private industry clients. Her work included application development, database administration, network administration, and project management. She received a B.Sc. in computer science from the University of Missouri-Rolla. D.C. Drake joined CSTB in September 1999. He is currently handling a number of projects, including the Internet after 9-11 and a research agenda for counterterrorism. He came to Washington in January 1999 after finishing a master’s degree in international politics and communications at the University of Kentucky. Mr. Drake earned a B.A. in international relations and German from Rhodes College in 1996. He has worked for the Hanns-Seidl Foundation in Munich, Germany, and in Washington, D.C., for the National Conference of State Legislatures’ International Programs Office and for the majority staff of the Senate Foreign Relations Committee.