[Congressional Record Volume 144, Number 62 (Friday, May 15, 1998)]
[Senate]
[Page S4939]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    DIGITAL MILLENNIUM COPYRIGHT ACT

  Mr. KYL. Mr. President, I rise today to speak about a section in the 
Digital Millennium Copyright Act that I am particularly proud of, and 
that is the law enforcement exception in the bill. At the Judiciary 
Committee markup, Senator Grassley and I, along with the assistance of 
Chairman Hatch and Senator Ashcroft worked to strengthen the law 
enforcement exception in the bill. We received input on the language 
from the copyright community and the administration: the National 
Security Agency (NSA), the Central Intelligence Agency (CIA), the 
Departments of Commerce and Justice, and the Office of Management and 
Budget (OMB).
  The law enforcement exception ensures that the government continues 
to have access to current and future technologies to assist in their 
investigative, protective, or intelligence activities. I am concerned 
that the tools and resources of our intelligence and law enforcement 
communities are preserved--and more importantly, not limited, by 
passage of S. 2037. Under that bill, a company who contracts with the 
government can continue to develop encryption/decryption devices under 
that contract, without having to worry about criminal penalties.
  Because much of our leading technologies come from the private 
sector, the government needs to have access to this vital resource for 
intelligence and law enforcement purposes.
  The law enforcement exception recognizes that oftentimes governmental 
agencies work with non-governmental entities--companies, in order to 
have access to and develop cutting edge technologies and devices. Such 
conduct should not be prohibited or impeded by this copyright 
legislation.

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