[Congressional Record: October 21, 1998 (Senate)]
[Page S12972-S12973]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr21oc98-275]


                           EXECUTIVE SESSION

                                 ______


                                TREATIES

  Mr. DeWINE. Mr. President, on behalf of the majority leader of the
Senate, I ask unanimous consent that the Senate proceed to executive
session to consider the following treaties on today's executive
calendar: Numbers 24 through 54.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DeWINE. Mr. President, I further ask unanimous consent that the
treaties be considered as having passed through their various
parliamentary stages up to and including the presentation of the
resolution of ratification, that all committee provisos, reservations,
understandings, and declarations be considered agreed to.
  I further ask that two technical amendments that are at the desk to
treaty documents 105-34 and 104-40 be considered as agreed to, that any
statements be inserted in the Congressional Record as if read.
  I further ask that there be one vote to count as individual votes on
each of the treaties, and further, when the resolutions of ratification
are voted upon, the motions to reconsider be laid upon the table, that
the President then be notified of the Senate's action, and following
the disposition of the treaties, the Senate return to legislative
session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments read as follows:

                           amendment no. 3840

     (Purpose: To Make a Technical Correction to the Resolution of
Ratification of the Treaty Between the United States of America and the
   Republic of Latvia on Mutual Legal Assistance in Criminal Matters
                          (Treaty Doc. 105-34)

       On lines 5 and 6 of the Resolution of Ratification of the
     Treaty Between the United States of America and the Republic
     of Latvia on Mutual Legal Assistance in Criminal Matters
     (Exec. Rpt. 105-22), strike ``and an exchange of notes signed
     on the same date''.

                           amendment no. 3841

     (Purpose: To Make a Technical Correction to the Resolution of
Ratification of the Treaty Between the Government of the United States
 of America and the Government of the State of Israel on Mutual Legal
          Assistance in Criminal Matters (Treaty Doc. 105-40)

       On line 5 of the Resolution of Ratification of the Treaty
     Between the Government of the United States of America and
     the Government of the State of Israel on Mutual Legal
     Assistance in Criminal Matters (Exec. Rpt. 105-22), strike
     ``Tel Aviv'' and insert ``Jerusalem''.

  (The resolutions of ratification will be printed in a future edition
of the Record.)

                             WIPO TREATIES

  Mr. DeWINE. Mr. President, I am pleased to rise in support of the
resolution of ratification of two treaties that are of unsurpassed
importance to America's prospects in the global economy of the 21st
century.
  The World Intellectual Property Organization (WIPO) treaties are
hardly the topics of everyday conversation in my home state of Ohio, or
in any of my colleagues' home states. But they are critically important
treaties. Every country that ratifies these treaties is required to
update its laws against the piracy of copyrighted materials, and to
extend those laws to the electronic commerce marketplace epitomized by
the Internet. That outcome will be great news for Ohioans, and for all
Americans.
  American creativity is the envy of the world today. Our music,
movies, computer software, video games and published materials are in
great demand in almost every country in the world. In fact, taken as a
whole, the industries dependent on copyrighted are our country's single
biggest export earner, with an estimated $60 billion in exports and
foreign sales in 1996. No wonder studies show that the creative
industries are one of most dynamic sectors of our economy, accounting
for some 3.5 million U.S. jobs.
  The greatest single threat to this economic success story is piracy.
New technology heightens this threat. The Internet and other digital
media offer great potential for bringing the fruits of American
creativity to new markets; but they also make it easier than ever
before for pirates to make unlimited numbers of perfect copies of our
creative works, and distribute them around the world--literally at the
touch of a button.
  That's where these two new treaties come in. By requiring countries
to upgrade their copyright laws, and to update them for the digital
age, the WIPO Copyright Treaty and the WIPO Performances and Phonograms
Treaty, provide critical new legal tools in the fight against piracy
worldwide. That will help make overseas markets safer for the export of
U.S. music, movies, software and books--and encourage the further
growth of this key sector of our economy.
  Ratification of the WIPO treaties advances another important goal--
one that does not simply translate to dollars and cents. It helps to
underscore the need for responsible conduct on the Internet. People who
would never even consider shoplifting a CD or a videocassette from a
store sometimes think the same rules about respecting private property
should not apply in cyberspace. Ratifying these two treaties helps to
dispel that illusion. That's good news, not only for the creative
community--songwriters, performers, software designers, authors--but
also for all our families as they explore the exciting new territory of
the Internet.
  Mr. President, as a member of the Judiciary Committee, I worked with
my colleagues to hammer out the legislation needed to implement the
standards of the WIPO treaties in U.S. law. Since our copyright law is
already strong, only a few provisions had to be added--but, some
provisions were contentious, and I am pleased that we were able to
achieve a balanced, compromise solution that commanded almost unanimous
support. That legislation, which also made other important improvements
to our copyright law, is on its way to the President's desk, and I urge
him to sign it.
  Today's action complete the job, by authorizing the Administration to
formally ratify the two treaties. It will also send a powerful message
to our trading partners--some of whom must make many more extensive
changes to their copyright laws in order to meet the standards of these
treaties--that now is the time to move forward on this critical task.
  I commend my colleagues in the Foreign Relations Committee for moving
this measure to the Senate floor so promptly after the Senate's
adoption of the implementing legislation, and I urge my colleagues to
support the resolution of ratification.
  Mr. HAGEL. Mr. President, on September 10, 1998, in my role as
Chairman of the Subcommittee on International Economic Policy, Export
and Trade Promotion, I chaired the Foreign Relations Committee hearing
on two important treaties that the Senate will ratify today. I refer to
the World Intellectual Property Organization Copyright Treaty (WCT) and
the World Intellectual Property Organization Performances and
Phonograms Treaty (WPPT), collectively known as the WIPO Treaties, done
at Geneva on December 20, 1996, and signed by the United States on
April 12, 1997. These treaties will play a key role in assuring U.S.
global competitiveness in the electronic commerce marketplace of the
21st century.
  The purpose of the WIPO Treaties is to respond to the challenges of
protecting copyrighted works, performances and sound recordings in the
realm of digital technology. The adoption of these treaties represents
a major step toward achieving adequate protection of intellectual
property in the growing global economy. Bringing these treaties into
effect will greatly facilitate global electronic commerce, and will
facilitate exports and foreign sales of U.S. copyrighted materials in
markets around the world.
  In the hearing I chaired regarding the WIPO Treaties, the Foreign
Relations Committee heard testimony from representatives of the
Administration and from the information technology, telecommunications,
and motion picture industries, including Jack Valenti, President and
CEO of the Motion Picture Association of America, as well as from a
coalition of educational and library interests. All the witnesses gave
their overwhelming support for U.S. ratification of the WIPO Treaties.
However, the main message that came from the hearing was that the WIPO
Treaties needed to pass in conjunction

[[Page S12973]]

with the corresponding implementation legislation that would update
current U.S. copyright laws. We will have accomplished that task.
  On October 8, 1998, the Senate unanimously passed the conference
report to H.R. 2281, the Digital Millennium Copyright Act. This
legislation will allow for the full implementation of the WIPO
Treaties, by modifying current U.S. law in a few areas to meet the
obligations imposed by the treaties and to ensure that liability
questions are clearly defined in the treaties. U.S. copyright laws are
strong and are vigorously enforced. However, these changes were needed
to bring them up to date so U.S. law fell into compliance with the WIPO
Treaties.
  American creativity is the key to our competitiveness in this global
economy. With so many industries in the United States protected by
copyright--such as the computer software, music, recording, audio-
visual and publishing industries--being among the most dynamic and
fastest-growing sectors of the U.S. economy, it is important to protect
these industries. In 1996, in a study commissioned by the International
Intellectual Property Alliance, it was estimated that the U.S. creative
industries contributed almost $280 billion to the Gross Domestic
Product, and accounted for some 3.5 million jobs, surpassing any single
manufacturing sector by both measures. Most important, the estimated
$60 billion of foreign sales and exports by the U.S. copyright
industries in 1996 made them the leading export sector of the entire
economy. Consequently, the strength of legal protection in other
countries for U.S. copyrighted materials is a key factor in promoting
our global competitiveness.
  The growth of digital networks such as the Internet offers an
exciting opportunity for enhanced access by U.S. creators to world
markets, but also presents a threat in the form of increased digital
piracy of American works of authorship. The same technology that
enables rapid and efficient authorized dissemination of U.S.
copyrighted materials around the world also enables pirates to make and
distribute perfect copies of these materials without authorization,
more rapidly and efficiently then ever before, and with less risk of
detection. Network-based digital piracy threatens to inflict losses on
American creators that dwarf the estimated $18-20 billion which our
creative industries now lose to overseas piracy every year. For these
reasons, I plan to hold a hearing next year in my subcommittee on
International Economic Policy, Export and Trade Promotion on the
effects of software piracy on the U.S. economy as well as the global
economy.
  Given the leading role of the U.S. creative industries in the global
trade in computer software, music and recordings, and published test
materials, it is clearly in the U.S. national interest for the WIPO
Treaties to come into force as soon as possible. Prompt U.S.
ratification of the treaties will send a clear message to other
countries and will provide critical momentum to the drive to bring the
treaties into force.
  I urge my colleagues to approve the Resolution of Ratification, and
thus complete the process of giving the Senate's advice and consent to
these two important treaties.
  Mr. DeWINE.  Mr. President, also on behalf of the majority leader,
Senator Lott, I ask for a division vote on the resolutions of
ratification.
  The PRESIDING OFFICER. A division is requested.
  Senators in favor of the ratification of the treaties please stand
and be counted. (After a pause.) Those opposed to the ratification will
please stand and be counted.
  On this vote, with two-thirds of the Senators present having voted in
the affirmative, the resolutions of ratification are agreed to.

                          ____________________
