[Congressional Record Volume 144, Number 121 (Monday, September 14, 1998)]
[Extensions of Remarks]
[Page E1714]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    DIGITAL MILLENNIUM COPYRIGHT ACT

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                               speech of

                           HON. HENRY J. HYDE

                              of illinois

                    in the house of representatives

                        Tuesday, August 4, 1998

  Mr. HYDE. Mr. Speaker, I submit, for inclusion in the Congressional 
Record, the following two letters exchanged between myself and Bill 
Archer, Chairman of the Committee on Ways and Means, regarding H.R. 
2281, the ``Digital Millenium Copyright Act.''

                                      House of Representatives

                                    Committee on the Judiciary

                                                    July 22, 1998.
     Hon. Bill Archer,
     Chairman, Committee on Ways and Means,
     House of Representatives, Washington, DC.
       Dear Chairman Archer: Thank you for your letter of July 21 
     in which you address the jurisdiction of the Committee on 
     Ways and Means as it relates to H.R. 2281, the ``WIPO 
     Copyright Treaties Implementation Act and Online Copyright 
     Infringement Liability Limitation Act,'' as reported from the 
     Committee on the Judiciary.
       Based on the jurisdiction of the Committee on Ways and 
     Means in certain provisions contained in H.R. 2281 which are 
     described in your letter, the Speaker of the House referred 
     sequentially the bill to that Committee for consideration.
       Your understanding is correct regarding the amendment to 
     section 337 of the Tariff Act of 1930 contained in section 
     103 of the bill. Representative Coble, Chairman of the 
     Subcommittee on Courts and Intellectual Property of the 
     Committee on the Judiciary, will be offering a manager's 
     amendment which will strike from the bill the portion of 
     section 103 adding a new section 1201(c) to title 17.
       Your understanding is also correct regarding the import ban 
     contained in section 103 of the bill. The bill, as reported, 
     applies the ban in compliance with the letter and spirit of 
     U.S. obligations under the World Intellectual Property 
     Organization Treaty.
       I appreciate your determination that a markup in the 
     Committee on Ways and Means is unnecessary in light of the 
     foregoing and agree that the absence of such a markup should 
     not prejudice that Committee's jurisdictional prerogative on 
     the measures described in your letter.
       I would be pleased to place a copy of your letter, along 
     with this response, in the Congressional Record during floor 
     consideration of H.R. 2281. Thank you for your valuable input 
     and cooperation.
           Sincerely,
                                                    Henry J. Hyde,
                                                         Chairman.

                               __________
                               

                                         House of Representatives,


                                   Committee on Ways and Means

                                                    July 21, 1998.
     Hon. Henry J. Hyde,
     Chairman, Judiciary Committee, House of Representatives, 
         Washington, DC.
       Dear Chairman Hyde: I am writing to address certain issues 
     with respect to H.R. 2281, as reported by the Judiciary 
     Committee on May 18, 1998. The bill contains an amendment to 
     section 337 of the Tariff Act of 1930 as well as an import 
     ban, both of which fall within the jurisdiction of the 
     Committee on Ways and Means.
       With respect to the amendment to section 337, section 103 
     of H.R. 2281, as reported by the Judiciary Committee, amends 
     Title 17, United States Code, by adding a new section 1201(c) 
     which makes the importation of any product, service, or 
     technology that is primarily designed to circumvent a 
     technological protection measure subject to action under 
     section 337 of the Tariff Act of 1930. However, the 
     underlying framework of section 1201, in terms of actionable 
     conduct, affected parties, and available remedy, is not 
     compatible with the structure of section 337. In light of 
     this inconsistency, I understand that you will be offering an 
     amendment, as part of a manager's amendment, to strip from 
     the bill the portion of section 103 adding a new section 
     1201(c) to Title 17.
       With respect to the import ban, section 103 of H.R. 2281, 
     as reported by the Judiciary Committee, adds a new section 
     1201 to Title 17, United States Code, to prohibit the 
     importation of any product, service, or technology that is 
     primarily designed to circumvent a technological protection 
     measure; section 103 also adds a new section 1202 to prohibit 
     the importation of any product that has had its copyright 
     management information removed or altered. Because these 
     import ban provisions fall within the Committee's 
     jurisdiction, the Committee would ordinarily meet to consider 
     the bill. However, the bill, as reported, applies the ban in 
     compliance with the letter and spirit of U.S. obligations 
     under the World Intellectual Property Organization treaty.
       Based on your assurance to this effect, and in order to 
     expedite consideration of this legislation, I do not believe 
     that a markup by the Committee on Ways and Means will be 
     necessary on either of these issues. However, this is only 
     being done with understanding that it does not in any way 
     prejudice the Committee's jurisdictional prerogative on this 
     measure or any other similar legislation, and it should not 
     be considered as precedent for consideration of matters of 
     jurisdictional interest to the Committee in the future.
       I would appreciate your response to this letter, confirming 
     this understanding with respect to H.R. 2281, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the record during floor consideration. Thank you 
     for your cooperation and assistance on this matter.
           With best personal regards,
                                                      Bill Archer,
     Chairman.

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