Search

Filters Applied

1

Security Research and the DMCA: The Copyright Office streamlines the exemption process

In late October, the Copyright Office announced that it plans to make it easier for people to fully use their lawfully purchased items, choose which mechanics work on their cars, and improve the security of software-enabled devices. Under current law, Section 1201 of the Digital Millennium Copyright Act (DMCA), it’s illegal to circumvent the technological protection measures (TPMs) that limit the use, modification, and repair of software. TPMs are ubiquitous; they’re in everything from smartphones to cars and coffee makers, acting as digital locks on the computer code within. And bypassing these locks can trigger criminal penalties, even with a good, non-infringing reason. However, the law also includes a process by which the Librarian of Congress and the Copyright Office can issue exemptions to this flat ban on circumvention. The triennial exemptions allow the bypassing of TPMs for certain non-infringing purposes, but these exemptions are only valid for three years.

Read More Read More
3

Why the FTC Shouldn't Be the Only "Cop On the Beat"

As the internet has become more ubiquitous and users generate more valuable data, we have been forced consider how much privacy we are entitled to from private parties like internet service providers. Under former Chairman Tom Wheeler, the FCC answered this question through the Broadband Privacy Order in October 2016. But the order was recently repealed, and FCC Chairman Ajit Pai has suggested completely ceding oversight of consumer privacy to the FTC in his Notice of Proposed Rulemaking (NPRM). CDT has stated its opposition to previous efforts to roll back consumer privacy protections, and in this post, we will outline the basis for some of our concerns.

Read More Read More
5

Meanwhile in India… the TRAI Continues Progress Toward Net Neutrality Regulation

India continues its efforts to develop a thoughtful and effective regulatory approach to the concept of net neutrality. CDT’s most recent filing focuses on three issues: the scope of regulatory coverage, the type of regulatory approach, and reasonable traffic management. The TRAI’s consultation paper referred extensively to the US and EU net neutrality regulations and, although neither the FCC’s Open Internet Order nor the EU’s Telecom Single Market regulation may fit perfectly in the Indian context, both offer many strong points for regulators considering a new regime. CDT’s comments highlight those strengths in light of our three focal issues.

Read More Read More
8

Improving Section 1201

The Copyright Office has initiated a policy study focused on Section 1201 of the Digital Millennium Copyright Act (DMCA), which prohibits the circumvention of technological protection measures (TPMs). CDT commented in the initial phase of this study, and recently commented again in response to the Office’s request for additional comments. The Copyright Office is right to take a hard look at Section 1201, which very much needs updating to protect security researchers

Read More Read More
9

New Website Makes Thousands of CRS Reports Accessible

Twenty years ago, CDT listed accessible Congressional Research Service (CRS) reports at the top of its “10 Most Wanted Government Documents” list. In the years since, CDT and others have continued to ask Congress to make these reports more available to the public. With still no action, a new website has been launched enabling access to more than 8,000 of the report, free of charge.

Read More Read More
10

EU Copyright Proposals: Do Two Wrongs Make an Ancillary Right?

Copyright reform is one part of the EU Commission’s efforts to develop a Digital Single Market (DSM) for Europe, a vision of a robust digital economy with fewer borders and in which European creators and businesses can thrive. Leaked drafts of the Impact Assessment analyzes the predicted outcomes of the various reform proposals around copyright in light of the goals of the DSM Strategy. Unfortunately, both the proposals and the analysis raise some troubling issues.

Read More Read More
  • 1
  • 2