DCIA Written testimony regarding HR 2221 and HR 1319
Subcommittee on Commerce, Trade, and Consumer Protection – Legislative Hearing on H.R. 2221 and H.R. 1319
Testimony of Marty Lafferty
CEO, Distributed Computing Industry Association (DCIA)
Below is an excerpt from the full testimony:
Based on the demonstrated success to date of the ISPG in putting in place a system for effective self regulation, the potential harm of unintended consequences from overbroad impact of a bill of this sort, and the fundamental principle that legislation should embolden technological advancement rather than hinder it, the DCIA and our Member companies are opposed to the passage of this legislation.
The bill would likely unnecessarily burden U.S.-based technology firms with compliance with an innovation-freezing measure, while being unenforceable against overseas firms whose software is available to U.S. consumers. Of great concern to us is how this bill might stifle yet undeveloped new and potentially very useful and valuable software applications.
Our legal review up to this point suggests that no matter the changes in the bill’s construction, no matter any amount of rewording, it will still not only stifle its purported target from possible improvements that would better address the problem the bill intends to address, but it will also potentially still apply to any type of data transmitting software, including Internet applications, desktop applications, e-mail applications, instant messaging (IM), cloud computing, social networks, fully licensed P2P deployments, hybrid peer-assisted CDNs, etc.
The foregoing summarizes some of the very real difficulties in trying to develop legislation such as this.
Rather than an overly broad, outdated, and potentially stifling legal measure, we believe that the Subcommittee’s acknowledgment and formalization of requirements for compliance with the ISPG’s self-regulatory process will be more effective in achieving the stated purpose that the bill is intended to accomplish.
As we noted previously, because of both the technical complexity and relatively fast moving
innovation in this area, a federally mandated and closely monitored private sector initiative, rather than even the best intentioned legislative measure, will produce the most beneficial effect to the public and to government agencies whose sensitive and confidential information must be protected as a matter of national security.Nonetheless, the DCIA and our Member companies will continue to review the bill in an effort to find a way to reconstruct it as requested to achieve the Subcommittee’s goals.
If the Subcommittee chooses to move the bill forward, we will be there to aid in the redrafting process and to help the Subcommittee address opposition to the bill.
On the other hand, the DCIA has committed to industry self-regulation through the ISPG to address the subject matter of this bill, and is making substantial progress.
As a further commitment, the DCIA is willing to charge our existing ISPG with responding to additional concerns that may be raised today, and as may be more precisely delineated by Subcommittee staff following up on the hearing. We look forward to working with the Subcommittee in a productive manner on these issues in a way that will significantly benefit all of your constituencies.
Tags: DCIA, HR 1319, HR 2221, Informed P2P User Act, P2P Best Practices, Solid State Networks
