Zoe Lofgren: “this trade agreement that we are considering today contains provisions that essentially mimic the Digital Millennium…”

“this trade agreement that we are considering today contains provisions that essentially mimic the Digital Millennium Copyright Act, a law that is currently being litigated and whose scope is as yet unclear. The DMCA, while intended to protect the interests of copyright holders, may also endanger the rights and expectations of consumers. There is substantial reason to believe that the DMCA is having an adverse impact on technological innovation. There are a lot of cases on appeal, and I think ultimately this body is going to have to sort through the DMCA so that we do not kill and stifle technological innovation. The FCC is now based on the DMCA, asserting the right to preapprove every product that moves data in the United States. It sounds a little bit like the old Stalinist regime. I think we are going to have to revisit that, and I am concerned about the provisions in this act. However, I have been reassured by the Trade Representative as well as the Secretary of Commerce that the insertion of this provision in these types of trade agreements will not prevent the Congress from doing what ultimately we are going to have to do, which is to stop the technological stranglehold that we have placed on that sector of the economy, such as TiVo that we read about today, which the FCC is now asserting that they get to decide what TiVo gets to innovate. So based on those representations, I am going to certainly vote for this agreement today.”