18 May 1998

Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html


[Congressional Record: May 15, 1998 (Senate)]
[Page S4939]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]


  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