[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.

                          ____________________
