Deeplinks Blog posts about DMCA Rulemaking
Sometimes news events make your point better than you ever could. That was the case this year as we completed the triennial rulemaking cycle of requesting exemptions to the Digital Millennium Copyright Act's (DMCA)'s restrictions on circumventing DRM.
Last month, EFF and I scored a major victory for video game archiving, preservation and play – we got an exemption to the Digital Millennium Copyright Act for some archival activities related to video games.
Before I throw a bunch of shade, I want to emphasize that the exemption is a victory for the video game archiving community. Although there were flaws in what the Library of Congress granted, more legal leeway in this space is a net positive.
The new rules for exemptions to copyright's DRM-circumvention laws were issued today, and the Librarian of Congress has granted much of what EFF asked for over the course of months of extensive briefs and hearings.
Far too often Congress proposes tech legislation that is either poorly researched or poorly drafted (or both). Fortunately, most of the bills don't advance. Unfortunately, this doesn’t seem to dissuade Congress from constantly writing these types of bills. The House Energy and Commerce Committee released such a bill last week. It's only a discussion draft and hasn't been introduced as a formal bill yet, but its provisions would not only effectively put the brakes on car security research, but also immunize auto manufactures from FTC privacy enforcement when (not if) they fail to secure our cars. It's a classic one-two punch from Congress: not understanding something and then deciding to draft a bill about it anyway.
Automakers argue that it’s unlawful for independent researchers to look at the code that controls vehicles without the manufacturer’s permission. We’ve explained before how this allows manufacturers to prevent competition in the markets for add-on technologies and repair tools. It also makes it harder for watchdogs to find safety or security issues, such as faulty code that can lead to unintended acceleration or vulnerabilities that let an attacker take over your car.
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