[Congressional Record: August 7, 1998 (Extensions)]
[Page E1640-E1641]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr07au98-176]


                    DIGITAL MILLENNIUM COPYRIGHT ACT

                                 ______


                               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.

                          ____________________