President's statement on the DMCA

As you all know, the President signed the Digital Millennium Copyright Act into law on October 28.

I've added the President's Statement on signing the bill to my web site at <http://www.aimnet.com/~carroll/copyright/faq-home.html>. A copy of the statement follows.

Anyone have any opinions on Clinton's commentary regarding the constitutionality of the provisions that require additional duties and activities on the part of the Register of Copyrights? Assuming the President is correct that the Copyright Office is an executive branch entity, I can see some potential problems in 401(b) (e.g., the 17 USC 701(b)(5) duty to "Perform such other functions as Congress may direct"), but not in any of the other provisions identified.

--
Terry Carroll       | "Report of the Committee On Governmental Affairs,
Santa Clara, CA     | United States Senate, To Accompany S. 1364, An Act To
carroll[_at_]tjc.com     | Eliminate Unnecessary and Wasteful Federal Reports."
Modell delendus est |  - Title of U.S. Senate Report 105-187, May 11, 1998


Here's the Statement:


                             THE WHITE HOUSE
 
                      Office of the Press Secretary
 __________________________________________________________________
 For Immediate Release                             October 28, 1998


                        STATEMENT BY THE PRESIDENT


       Today I am pleased to sign into law H.R. 2281, the "Digital
    Millennium Copyright Act."  This Act implements two landmark
    treaties that were successfully negotiated by my Administration in
    1996 and to which the Senate gave its advice and consent to
    ratification on October 21, 1998. The Act also limits the liability
    of online service providers for copyright infringement under certain
    conditions. 

       The World Intellectual Property Organization (WIPO) Copyright
   Treaty and the WIPO Performances and Phonogram Treaty mark the most
   extensive revision of international copyright law in over 25 years. 
   The treaties will grant writers, artists, and other creators of
   copyrighted material global protection from piracy in the digital
   age. 

       These treaties will become effective at a time when technological
    innovations present us with great opportunities for the global
    distribution of copyrighted works.  These same technologies,
    however, make it possible to pirate copyrighted works on a global
    scale with a single keystroke.  The WIPO treaties set clear and firm
    standards -- obligating signatory countries to provide "adequate
    legal protection" and "effective legal remedies" against
    circumvention of certain technologies that copyright owners use to
    protect their works, and against violation of the integrity of
    copyright management information. This Act implements those
    standards, carefully balancing the interests of both copyright
    owners and users.

       I am advised by the Department of Justice that certain provisions
    of H.R. 2281 and the accompanying Conference Report regarding the
    Register of Copyrights raise serious constitutional concerns. 
    Contrary to assertions in the Conference Report, the Copyright
    Office is, for constitutional purposes, an executive branch entity. 
    Accordingly, the Congress may exercise its constitutionally
    legitimate oversight powers to require the Copyright Office to
    provide information relevant to the legislative process.  However,
    to direct that Office's operations, the Congress must act in accord
    with the requirements of bicameralism and presentment prescribed in
    Article I of the Constitution.  Further, the Congress may not
    require the Register to act in a manner that would impinge upon or
    undermine the President's discretion under Article II, section 3 of
    the Constitution to determine which, if any, executive branch
    recommendations to the Congress would be "necessary and expedient." 
    Accordingly, I will construe sections 103(a), 104(b), 401(b), and
    403(a) of H.R. 2281 to require the Register to perform duties only
    insofar as such requirements are consistent with these
    constitutional principles. 

       From the efforts of the Assistant Secretary of Commerce and
    Commissioner of Patents and Trademarks who acted as the lead
    negotiator for these treaties, to the agreement reached by interests
    affected by online service provider liability, to the improvements
    added by two House Committees and one Senate Committee, this Act
    reflects the diligence and talents of a great many people.  Through
    enactment of the Digital Millennium Copyright Act, we have done our
    best to protect from digital piracy the copyright industries that
    comprise the leading export of the United States.


                             WILLIAM J. CLINTON
 
                             THE WHITE HOUSE,
                             October 28, 1998.