Politech: FC: Lofgren, Boucher criticize Singapore and Chile trade deals

[Declan McCullagh <declan () well com>]

See also:
http://news.com.com/2100-1025-1000154.html

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News from . . .

U.S. Representatives Zoe Lofgren

and Rick Boucher

FOR IMMEDI ATE RELEASE         CONTACT: Christine Glunz (Lofgren) 202-225-3072

June 17, 
2003                                                             Amanda 
Potter (Boucher) 202-225-3861
REPS. LOFGREN AND BOUCHER STEP-UP EFFORTS TO PROTECT

CONSUMERS AND INNOVATION IN THE DIGITAL AGE



Calling on Congress to Amend the Digital Millennium Copyright Act and 
Improve Trade
with Chile, Singapore and Other Trading Partners



Washington, D.C. ­ Representatives Lofgren and Boucher call on Congress to 
amend the Digital Millennium Copyright Act (DMCA) to protect a consumer’s 
fair use of digital media and technology in light of the recent signing of 
Chile and Singapore Free Trade Agreements (FTAs). The FTAs contain 
provisions of the DMCA which have been used to endanger legitimate rights 
and expectations of consumers, contrary to the intentions of Congress.
"I call on my fellow Members of Congress to help Representative Boucher and 
I amend the DMCA to restore the correct balance between copyright holders 
and consumers, as intended by Congress, without offending our trading 
partners," said Rep. Lofgren. "Earlier this year, I was advised by the 
Office of the U.S. Trade Representative (USTR) that if we amend the DMCA, 
we would be in breach of our treaty obligations with Chile and Singapore. I 
am pleased that the Secretary of Commerce has now confirmed that Congress 
may amend the DMCA even after the Chile and Singapore FTAs, containing DMCA 
provisions, are enacted."


Representatives Lofgren and Boucher sent a letter to the United States 
Trade Representative (USTR) Robert Zoellick asking him to clarify whether 
the United States would be in violation of the FTAs if Congress amended the 
DMCA to clarify the balance between copyright holders and the interests of 
society as intended by Congress when the DMCA was enacted in 1998. 
Representatives Lofgren and Boucher also wrote Secretary of Commerce Don 
Evans, who responded in a recent letter and confirmed that Congress retains 
its inherent authority to amend the DMCA.
"The response we received from the Secretary of Commerce is promising. It 
alleviates our concern that the Administration had somehow sought to tie 
the hands of Congress by seeking to effectively prevent it from amending a 
law that has had many troublesome consequences for consumers and innovators 
of technology," said Rep. Boucher.
(more)

"Although the DMCA was intended to protect the legitimate interests of 
copyright holders, it has also been endangering legitimate rights and 
expectations of consumers," said Rep. Lofgren. "When Congress enacted the 
DMCA in 1998, it never intended to prohibit all users ­ even lawful ones ­ 
from circumventing technical restrictions to make non-infringing uses of 
purchased content. Yet some corporations continue to use the DMCA to 
prohibit legitimate uses. We should show leadership to the rest of the 
world by amending the DMCA now to put the interests of consumers and 
technology innovators first."


"The DMCA is having an adverse effect on technological innovation," said 
Rep. Boucher. "There are numerous cases in court or on appeal that would 
utilize this act to stifle competition and technological innovation. This 
situation has stimulated vigorous debate about what changes should be 
wrought on the existing DMCA. With the Administration now negotiating the 
more far-reaching Free Trade Area of the Americas Agreement, we should 
amend the DMCA now so that the balance we strike can be incorporated into 
the agreement and preserve the fair use rights of consumers throughout the 
Western Hemisphere."


The Singapore FTA was signed on May 6, 2003 and the Chile FTA was signed on 
June 6, 2003. Both agreements will soon be sent to Congress for consideration. 



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