(by TLPC student attorneys Parker Nagle, Andrew Leddy, and Kennedy Smith)
On behalf of a coalition of independent network security researchers and public interest organizations, the Samuelson-Glushko Technology Law and Policy Clinic at Colorado Law filed reply comments on the FCC’s 2019 National Security Supply Chain Order and Further Notice of Proposed Rulemaking calling for greater cell network security. The TLPC worked with the coalition to draw attention to the many vulnerabilities plaguing cell networks that the Order did not address and to outline the broad but underutilized, authority the FCC has to advance meaningful solutions. The coalition included CU-Boulder researchers Dr. Eric Wustrow, Dr. Dirk Grunwald, and Dr. Sangtae Ha, mobile security researchers Joseph Hall, Yomna Nasser, Marcus Prem, and Ashley Wilson, and public interest organizations Electronic Frontier Foundation (EFF), Public Knowledge, and Eye on Surveillance.
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On October 26, 2018, based upon the recommendation of the Acting Register of Copyrights, the Librarian of Congress adopted exemptions to Section 1201 of the Digital Millennium Copyright Act (DMCA), which prohibits circumvention of technological measures that control access to copyrighted works. On behalf of its clients Ed Felten and Alex Halderman, and working together with the Center for Democracy and Technology, the TLPC helped secure a set of important changes to a pre-existing exemption for good-faith security research, expanding the ability for security researchers to legally test device and system software for cybersecurity vulnerabilities without violating the DMCA and risking criminal liability.
Important caveat: this post is intended only as general information and does not constitute legal advice. If readers wish to utilize the new exemptions granted by the Librarian, they should consult independent legal counsel before doing so.
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