NATIONAL INFORMATION INFRASTRUCTURE

INTRODUCTION

In February 1993, President Clinton formed the Information Infrastructure Task Force (IITF) to articulate and implement the Administration's vision for the National Information Infrastructure (NII). The IITF is chaired by Secretary of Commerce Ronald H. Brown and consists of high-level representatives of the Federal agencies that play a role in advancing the development and application of information technologies. Guided by the principles for government action described in NII Agenda for Action[1] and GII Agenda for Cooperation,[2] the participating agencies are working with the private sector, public interest groups, Congress, and State and local governments to develop comprehensive telecommunications and information policies and programs that will promote the development of the NII and best meet the country's needs.

To drive these efforts, the IITF is organized into three committees: the Telecommunications Policy Committee, which formulates Administration positions on relevant telecommunications issues; the Committee on Applications and Technology, which coordinates Administration efforts to develop, demonstrate and promote applications of information technologies in key areas; and the Information Policy Committee, which addresses critical information policy issues that must be dealt with if the NII is to be fully deployed and utilized. In addition, the IITF established a Security Issues Forum to assess the security needs and concerns of users, service providers, information providers, State and local governments and others. Finally, the U.S. Advisory Council on the National Information Infrastructure (NII Advisory Council) was established within the Department of Commerce to advise the Secretary of Commerce on a national strategy for promoting the development of the NII.[3]

The Working Group on Intellectual Property Rights, which is chaired by Assistant Secretary of Commerce and Commissioner of Patents and Trademarks Bruce A. Lehman, was established within the Information Policy Committee to examine the intellectual property implications of the NII and make recommendations on any appropriate changes to U.S. intellectual property law and policy.[4]

This Report represents the Working Group's examination and analysis of each of the major areas of intellectual property law, focusing primarily on copyright law and its application and effectiveness in the context of the NII.[5] The approach of this Report is to discuss the application of the existing copyright law and to recommend only those changes that are essential to adapt the law to the needs of the global information society.[6] By providing a generalized legal framework, based on the extensive analysis and discussion of the way in which the law has been and should be interpreted, we can lay the groundwork for the rapid and efficient development of the NII.

To prepare this Report, the Working Group drew upon expertise within the participating departments and agencies of the Federal government.[7] In addition, the Working Group received and considered views of the public, including those of the NII Advisory Council.

The Working Group held a public hearing in November 1993, at which 30 witnesses testified.[8] The Working Group also solicited written comments and received some 70 statements during a public comment period which closed on December 10, 1993.[9] Following its review of the public comments and analysis of the issues, the Working Group released a preliminary draft of its report ("Green Paper") on July 7, 1994.[10] The Working Group issued the report in preliminary draft form to ensure broad dissemination and ample opportunity for public comment prior to making final recommendations and issuing this Report. Thousands of copies of the Green Paper were distributed in paper form as well as electronically via the IITF Bulletin Board.[11]

Following the release of the Green Paper, the Working Group heard testimony from the public in four days of hearings in Chicago, Los Angeles and Washington, D.C., in September 1994.[12] In addition, more than 1,500 pages of written comments on the Green Paper and reply comments were filed, in paper form and through the Internet, by more than 150 individuals and organizations -- representing more than 425,000 members of the public -- during the comment period, which extended over four months.[13]

The Working Group convened a Conference on Fair Use (CONFU) to bring together copyright owner and user interests to discuss fair use issues and, if possible, to develop guidelines for uses of copyrighted works by librarians and educators. Some 60 interest groups are participants in the Conference and have been meeting regularly since September 1994 in sessions that are open to the public. The Working Group also kicked off a Copyright Awareness Campaign (CAC) in March 1995. Approximately 40 participating individuals and organizations are coordinating their educational efforts and joining with the Working Group and the Department of Education to raise public awareness of copyright. Meetings of the Campaign are also open to the public.

Interested parties had numerous opportunities to submit their views on the intellectual property implications of the development and use of the NII and on the Working Group's Green Paper, including its preliminary findings and recommendations. The open process instituted by the Working Group resulted in a well-developed, voluminous record indicating the views of a wide variety of interested parties, including various electronic industries, service providers, the academic, research, library and legal communities, and individual creators, copyright owners and users, as well as the computer software, motion picture, music, broadcasting, publishing and other information and entertainment industries.

The special intellectual property concerns and issues raised by the development and use of the NII are the subject of this Report.[14] It does not, however, provide all of the answers. It may not even present all of the questions. There is much that we do not -- and cannot -- now know about how the NII will develop. Technology is advancing at such an incredible pace that issues will certainly continue to arise in the future, perhaps demanding more comprehensive legislation. However, because there is much that we do know, the fact that future developments will raise additional issues not currently ripe should not deter us from addressing those that are.[15]

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Posted on 10/5/95
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