TLPC FIles Security Research DMCA Exemption Comments

(by Chelsea E.  Brooks,  Student Attorney, Joseph N. de Raismes, Student Attorney, Andy J. Sayler, Student Technologist)

Last week, we filed three comments in response to the Copyright Office’s DMCA Section 1201 Tri-annual Exemption Notice of Proposed Rulemaking: a Short Comment for Class 27 (Medical Devices), a Short Comment for Class 22 (Vehicle Software), and a Long Comment for Class 25 (Security Research). All comments were filed on behalf of our client, Professor Matthew Green.

Professor Green is an Assistant Research Professor in the Information Security Institute at Johns Hopkins University and needs to be able to circumvent various access controls on software and devices in the process of conducting good faith security research. Such circumvention is chilled by Section 1201 of the Digital Millennium Copyright Act (DMCA). In our long comment, we argue for an exemption to Section 1201’s anti-circumvention provisions and show that preventing circumvention of access controls is chilling good faith security research and creating other adverse effects. Our short comments reiterate this point with respect to specific types of security research and urge the Copyright Office to grant a broad exemption to the Section 1201 anti-circumvention rules for all forms of good faith security research.

Next up in the proceedings is the second round of public comments filed by those that oppose each exemption. The objection comment deadline is March 27, 2015. Following that, there will be a third round of public comments in which supporters can respond to the objectors’ comments. This round closes on May 1, 2015, after which the Copyright Office will begin the internal process of making their decisions.