Congressional Record: May 15, 1998 (Senate) DIGITAL MILLENNIUM COPYRIGHT ACT Mr. KYL. Mr. President, I rise today to speak about a section in the Digital Millennium Copyright Act that I am particularly proud of, and that is the law enforcement exception in the bill. At the Judiciary Committee markup, Senator Grassley and I, along with the assistance of Chairman Hatch and Senator Ashcroft worked to strengthen the law enforcement exception in the bill. We received input on the language from the copyright community and the administration: the National Security Agency (NSA), the Central Intelligence Agency (CIA), the Departments of Commerce and Justice, and the Office of Management and Budget (OMB). The law enforcement exception ensures that the government continues to have access to current and future technologies to assist in their investigative, protective, or intelligence activities. I am concerned that the tools and resources of our intelligence and law enforcement communities are preserved--and more importantly, not limited, by passage of S. 2037. Under that bill, a company who contracts with the government can continue to develop encryption/decryption devices under that contract, without having to worry about criminal penalties. Because much of our leading technologies come from the private sector, the government needs to have access to this vital resource for intelligence and law enforcement purposes. The law enforcement exception recognizes that oftentimes governmental agencies work with non-governmental entities--companies, in order to have access to and develop cutting edge technologies and devices. Such conduct should not be prohibited or impeded by this copyright legislation. ____________________ Digital Millenium Copyright Act: http://jya.com/s2037.txt (162K)