[Congressional Record Volume 144, Number 111 (Friday, August 7, 1998)]
[Extensions of Remarks]
[Pages E1640-E1641]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    DIGITAL MILLENNIUM COPYRIGHT ACT

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                               speech of

                        HON. W.J. (BILLY) TAUZIN

                              of louisiana

                    in the house of representatives

                        Tuesday, August 4, 1998

  Mr. TAUZIN. Madam Speaker, today, we bring to the floor H.R. 2281, 
the WIPO Copyright Treaties Implementation Act. The Commerce Committee 
adopted amendments which addressed some of the very tough issues that 
had yet to be resolved despite passage of the bill by the Senate. The 
substance of these amendments were ultimately incorporated into the 
bill which we consider today.
  Today, we take one more step toward final passage of legislation 
which will implement the WIPO treaties. It is indeed an historic 
moment. The United States is on the verge of setting the standard for 
the rest of the world to meet. Our content industries are the world's 
finest, as well as one of this Nation's leading exporters. They must be 
protected from those pirates who in the blink of an eye--can steal 
these works and make hundreds if not thousands of copies to be sold 
around the world--leaving our own industries uncompensated. This theft 
cannot continue.
  By implementing the WIPO treaties this year, we can help to ensure 
that authors and their works will be protected from pirates who pillage 
their way through cyberspace. As we rush to send a signal to the rest 
of the world, however, it is important that we not undermine our 
commitment to becoming an information-rich society--right here in the 
United States . . . inside our own borders.
  The discussion generated by the Commerce Committee has been 
invaluable to finding the balance between copyright protection and the 
exchange of ideas in the free market--two of the fundamental pillars 
upon which this nation was built. In our haste to produce legislation, 
we must not overlook the need to strike the correct balance between 
these two competing ideals. That is indeed the purpose of the 
legislative process--to debate, haggle, review and ultimately to hammer 
out what will be strong and lasting policy for the rest of the world to 
follow.
  A free market place for ideas is critical to America. It means that 
any man, woman or child--free of charge!!--can wander into any public 
library and use the materials in those libraries for free. He or she--
again, free of charge!!--can absorb the ideas and visions of mankind's 
greatest writers and thinkers.
  This bill contains an amendment that will protect fair use rights by 
means of a review by the Secretary of Commerce which will be conducted 
every three years. I thank Mr. Oxley for offering this original 
amendment at Subcommittee and I thank Chairman Bliley, Mr. Dingell, Mr. 
Markey, Mr. Klug and Mr. Boucher and their staffs for their efforts in 
reaching this important agreement. I would also like to thank Mr. 
Waxman and Mr. Lazio for their participation in reaching this 
agreement.
  Similarly, by adopting my amendment on encryption research, Commerce 
Committee again made an invaluable contribution to this important 
legislation. The amendment provided for an exception to the 
circumvention provisions contained in the bill for legal encryption 
research and reverse engineering. In particular, these exceptions would 
ensure that companies and individuals engaged in what is presently 
lawful encryption research and security testing and those who legally 
provide these services could continue to engage in these important and 
necessary activities which will strengthen our ability to keep our 
nation's computer systems, digital networks and systems applications 
private, protected and secure.
  Finally, I want to commend my colleagues, Dan Schaefer and Rick White 
for their efforts in reaching agreement on a provision which has been 
included in this bill to address the concerns of webcasters. Webcasting 
is a new use of the digital works this bill deals with. Under current 
law, it is difficult for webcasters and record companies to know their 
rights and responsibilities and to negotiate for licenses. This 
provision makes clear the rights of each party and sets up a statutory 
licensing program to make it as easy as possible to comply with. It is 
a worthy change to the bill and again, my thanks to Mr. White and Mr. 
Schaefer.
  I can't emphasize enough to my colleagues the importance of not only 
this legislation, but also the timing of this legislation. An 
international copyright treaty convention is a rare and infrequent 
event. We thus stand on the brink of implementing this most recent 
treaty--

[[Page E1641]]

the WIPO copyright treaty--knowing full well that it may be another 20 
years before we can revisit this subject. From here, we go to 
conference with the Senate and then this bill will go to the White 
House for the President's signature. Let's make sure we strike the 
right balance. Copyright protection is important and must be encouraged 
here. But in pursuing that goal we must remain faithful to our legacy, 
and our commitment to promoting the free exchange of ideas and 
thoughts. Digital technology should be embraced as a means to enrich 
and enlighten all of us.

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