TLPC Files Security Research DMCA Exemption Reply Comments

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

Today, we filed a Reply Comment in response to public comments on our  Long Comment for Class 25 (Security Research) on behalf of our client Professor Matthew Green.  The proceeding (and objectors’ comments) can be found at the Copyright Office’s DMCA Section 1201 Tri-annual Exemption Notice of Proposed Rulemaking.

As we discussed in our previous blog post on the subject, this project seeks an exemption to Section 1201 of the Digital Millennium Copyright Act’s anti-circumvention provisions for good-faith security research.  Our Reply Comment responds to a variety of issued raised in the second round of the proceeding by public commenters including manufacturers and trade groups in automobile, medical device, software, and related industries. In our Reply Comment, we focus on how objectors comments are textbook examples of the adverse effects of Section 1201 chilling good-faith security research, and push back against the suggestion that an exemption should include a mandatory disclosure standard.

Next up in the proceeding is a hearing on May 26, 2015 In Washington, DC where student technologist Andy Sayler will be a witness along with the clinic director, Blake Reid, and our client, Professor Matthew Green.