[Congressional Record Volume 151, Number 74 (Tuesday, June 7, 2005)]
[Extensions of Remarks]
[Pages E1147-E1148]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          SECURELY PROTECT YOURSELF AGAINST CYBER TRESPASS ACT

                                 ______
                                 

                               speech of

                            HON. JOE BARTON

                                of texas

                    in the house of representatives

                        Wednesday, May 25, 2005

  Mr. BARTON of Texas. Mr. Speaker, in crafting this legislation, the 
members of the Committee on Energy and Commerce have endeavored to 
understand and take into account benign and reasonable functions 
involved with network management, as well as

[[Page E1148]]

standard functionalities of the Internet. In that spirit, section 5(b) 
provides that the Act does not apply to monitoring or interaction with 
a subscriber's Internet or other network connection or service, or a 
protected computer, to the extent that the monitoring or interaction is 
for security purposes, diagnostics, technical support, or repair, or 
for the detection or prevention of fraudulent activities. In 
significant part, the intent of this provision is to ensure that 
providers of Internet services (such as telecommunications carriers and 
cable operators) have the ability to conduct activities necessary to 
maintain the integrity of their systems. For instance, large-scale 
telecommunications carriers may not be held liable under the Act for 
enterprise-level management and maintenance activities within their own 
networks.
  I would like to add that, in keeping with our Committee's bipartisan 
process, I am authorized to say that my distinguished colleague, 
Ranking Member Dingell, agrees with this understanding of our bill.

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