[Congressional Record Volume 149, Number 34 (Tuesday, March 4, 2003)]
[House]
[Page H1490]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        THE BALANCE ACT OF 2003

  (Ms. LOFGREN asked and was given permission to address the House for 
1 minute and to revise and extend her remarks.)
  Ms. LOFGREN. Mr. Speaker, a massive digital revolution is unfolding 
before our very eyes. Like most breakthroughs in the past, this 
revolution has provoked deep concern and suspicion within the 
entertainment industry. In response Congress enacted the Digital 
Millennium Copyright Act.
  However, the law is flawed. It threatens fair use and First Amendment 
rights by imposing strict liability on the circumvention of technical 
restrictions. It has the potential to destroy the First Sale doctrine 
and to extend copyright terms in perpetuity. And in practice, it has 
chilled technological development and competition. That was especially 
evident last week when a Federal judge, citing the DMCA, issued an 
injunction chilling competition in the market for printer cartridges 
which have nothing to do with copyrights.
  Today I am introducing the BALANCE Act of 2003 which seeks to restore 
the traditional balance of copyright law. I hope this bill will help 
move all parties toward the ultimate goal, a robust digital marketplace 
where DRM protects copyright holders, where the IT industry has freedom 
to create new and exciting devices and where consumers are given a 
broad array of lawful alternatives that are affordable, reliable, 
secure, and respectful of their legal rights and expectations.

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