S 2048, Consumer Broadband and Digital Television Promotion Act.
Sponsor: Sen. Ernest Hollings (D-SC) and others.
Date Introduced: March 21, 2002.
Source: Congressional Record, March 21, 2002.

S. 2048

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF SECTIONS.

(a) SHORT TITLE.--This Act may be cited as the ``Consumer Broadband and Digital Television Promotion Act''.

(b) TABLE OF SECTIONS.--The table of sections for this Act is as follows:

SEC. 2. FINDINGS.

The Congress finds the following:

SEC. 3. ADOPTION OF SECURITY SYSTEM STANDARDS AND ENCODING RULES.

(a) PRIVATE SECTOR EFFORTS.--

(b) AFFIRMATIVE DETERMINATION.--If the Commission makes a determination under subsection (a)(1) that an agreement on security system standards and encoding rules that conform to the requirements of subsections (d) and (e) has been reached, then the Commission shall--

(c) NEGATIVE DETERMINATION.--If the Commission makes a determination under subsection (a)(1) that an agreement on security system standards and encoding rules that conform to the requirements of subsections (d) and (e) has not been reached, then the Commission--

(d) SECURITY SYSTEM STANDARDS.--In achieving the goals of setting open security system standards that will provide effective security for copyrighted works, the security system standards shall ensure, to the extent practicable, that--

SEC. 4. PRESERVATION OF THE INTEGRITY OF SECURITY.

An interactive computer service shall store and transmit with integrity any security measure associated with standard security technologies that is used in connection with copyrighted material such service transmits or stores.

SEC. 5. PROHIBITION ON SHIPMENT IN INTERSTATE COMMERCE OF NONCONFORMING DIGITAL MEDIA DEVICES.

(a) IN GENERAL.--A manufacturer, importer, or seller of digital media devices may not--

(b) EXCEPTION.--Subsection (a) does not apply to the sale, offer for sale, or transportation of a digital media device that was legally manufactured or imported, and sold to the consumer, prior to the effective date of regulations adopted under section 3 and not subsequently modified in violation of section 6(a).

SEC. 6. PROHIBITION ON REMOVAL OR ALTERATION OF SECURITY TECHNOLOGY; VIOLATION OF ENCODING RULES.

(a) REMOVAL OR ALTERATION OF SECURITY TECHNOLOGY.--No person may--

(b) COMPLIANCE WITH ENCODING RULES.--No person may knowingly apply to a copyrighted work, that has been distributed to the public, a security measure that uses a standard security technology in violation of the encoding rules adopted under section 3.

SEC. 7. ENFORCEMENT.

(a) IN GENERAL.--The provisions of section 1203 and 1204 of title 17, United States Code, shall apply to any violation of this Act as if--

(b) STATUTORY DAMAGES.--A court may award damages for each violation of section 6(b) of not less than $200 and not more than $2,500, as the court considers just.

SEC. 8. FEDERAL ADVISORY COMMITTEE ACT EXEMPTION.

The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to any committee, board, commission, council, conference, panel, task force, or other similar group of representatives of digital media devices and representatives of copyright owners convened for the purpose of developing the security system standards and encoding rules described in section 3.

SEC. 9. DEFINITIONS.

In this Act:

SEC. 10. EFFECTIVE DATE.

This Act shall take effect on the date of enactment of this Act, except that sections 4, 5, and 6 shall take effect on the day on which the final rule published under section 3(b) or (c) takes effect.