Representative Bob Goodlatte in the House of Representatives (Cong. Rec. H10620) (daily ed. Oct. 12, 1998):
I would also like to express my understanding of the intent behind the provisions of H.R. 2281 that address certain technologies used to control copying of motion pictures in analog form on videocassette recorders, provisions that were not part of either the original House or Senate bills. That section establishes certain requirements only for analog videocassette recorders, analog videocassette camcorders, and professional analog videocassette recorders.
In other words, these requirements exist only in the `analog’ world. The limitations, for instance, with respect to certain transmissions apply only with respect to those transmissions in analog form. The intent of the conferees is that these provisions do not establish any obligations with respect to digital technologies, including computers or software. Copyright owners are free to use these or any other forms of copy control technology to protect their works in the `digital’ world, including in any digital broadcasts, transmissions, or copies.
It is also my understanding that the intent of the conferees is that this provision neither establishes, nor should it be interpreted as establishing, a precedent for Congress to legislate specific standards or specific technologies to be used as technological protection measures, particularly with respect to computers and software. While it is not the intent of the conferees to prejudice or affect ongoing negotiations over digital video technology, it may become necessary in the future for Congress to consider protections for audiovisual works in the digital environment.
The conferees understand that technology develops best and most rapidly in response to marketplace forces, and believe that private parties should be free to apply their ingenuity to develop even better and more effective technologies.
Finally, regulatory agencies should not involve themselves in establishing specific standards in the digital medium, in particular for software and computers. The technology changes far too fast, much more rapidly than regulatory standards. Therefore, regulation in this area is likely to impede, or in some cases even discourage, the development of new technologies.