[free-sklyarov] Salon: LoC DMCA review: "impact on consumers appears to be minimal"

[Seth Finkelstein]

On Sat, Sep 01, 2001 at 08:55:35AM -0700, Karsten M. Self wrote:
> Just what, exactly, is the LoC's 1201(a) obligation in reporting on the
> DMCA and its impacts?
> 
> Seems to me the LoC's neglected its oblications under items (iii) below.

	Not at all. See

"Rulemaking on Exemptions from Prohibition on Circumvention of
Technological Measures that Control Access to Copyrighted Works"

http://www.loc.gov/copyright/1201/anticirc.html

	And read

"Exemption to Prohibition on Circumvention of Copyright Protection 
Systems for Access Control Technologies"

http://www.loc.gov/copyright/fedreg/65fr64555.html

	Of particular interest:

"6. Encryption Research Purposes

   A number of commenters urged that a broader encryption research 
exemption is needed than is contained in section 1201(g). See, e.g., 
C185, C30, R55, R70. Dissatisfaction was expressed with the 
restrictiveness of the requirement to attempt to secure the copyright 
owner's permission before circumventing. C153. See 17 U.S.C. 
1201(g)(2)(C). Most of the references to statutory deficiencies 
regarding encryption research, however, merely state that the 
provisions are too narrow. See, e.g., PH20."

	PH20, by the way, was me. Wow, will I be able to say more
the next time around ... much more ... much much more ... :-(.

	The report goes on to state:

"As with reverse engineering, proponents of an exemption for 
encryption research are asking the Librarian to give them a broader 
exemption than Congress was willing to enact. But they have not carried 
their burden of demonstrating that the limitations of section 1201(g) 
have prevented them or are likely in the next three years to prevent 
them from engaging in noninfringing uses."

	Oh, the irony.

-- 
Seth Finkelstein  Consulting Programmer  sethf at sethf.com  http://sethf.com
http://archive.nytimes.com/2001/07/19/technology/circuits/19HACK.html
BESS's Secret LOOPHOLE: http://sethf.com/anticensorware/bess/loophole.php