05.18.01

Cantwell Brokers Compromise on Distance Education Bill

WASHINGTON, DC - The Chairman and Ranking Member of the Senate Judiciary Committee yesterday credited U.S. Sen. Maria Cantwell (D-Wash.) with using her high-tech expertise to help broker compromise language for an amendment that virtually ensures final Senate passage of important new legislation dealing with online distance learning.

"I do want to thank especially the Senator from Washington state," said Sen. Patrick Leahy (D-VT). "Senator Cantwell helped a great deal in offering advice and counsel on [the amendment]. I think we've come out with a good compromise that I support."

Sen. Orrin Hatch (R-UT), the Committee Chairman, concurred. He moved to add "the Cantwell language" to the bill as an amendment, which the Committee adopted by voice vote.

The Technology, Education And Copyright Harmonization Act of 2001 (also known as the TEACH Act), would permit educational institutions and non-profit organizations engaged in long-distance instruction to post copyrighted materials on the Internet as part of their course materials without making payments or risking copyright infringement liability.

The amendment adopted today modifies a provision Hatch introduced last week that raised concerns within the technology industry. The Hatch provision calls for a Patent and Trademark Office study of copyright-protection technology. The compromise language says the report "shall not include any recommendations, comparisons or comparative assessments" of the products its mentions.

Technology groups such as the Business Software Alliance (BSA), the Information Technology Industry Council (ITI), the Information Association of America, and the Digital Media Association (DiMA) argued that in its original form the measure could lead to government standards for copyright-protection technology.

In referring to the compromise language, Cantwell said: "Technology choices should be market driven, and not government-mandated. Studies like the one initially required by this provision could lead to some people assuming a government preference for one technology over another.