[Congressional Record: September 14, 1998 (Extensions)] [Page E1714] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr14se98-24] DIGITAL MILLENNIUM COPYRIGHT ACT ______ 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. ____________________