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TLPC Advocates for Broad Accessibility Exemption to Section 1201 of the DMCA

(by Rachel Hersch, Colorado Law 2L)

On April 5, 2021, the TLPC, on behalf of its client the American Council for the Blind (ACB), and joined by a broad coalition of disability organizations, appeared at a hearing before the Copyright Office to urge adoption of a broad accessibility exemption from the anti-circumvention provisions of Section 1201 of the Digital Millennium Copyright Act (DMCA). The proposed exemption would remove roadblocks to access to digital works for people with disabilities. TPMs limit people with disabilities’ access to digital works because TPMs often block assistive technology. For example, a person may be prevented from watching a lawfully acquired video because the video’s TPMs block color-shifting technology, which the person needs to be able to watch the video. The proposed exemption would allow that person to lawfully circumvent this TPM in order to utilize the assistive color-shifting technology.

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TLPC Advocates for Expansion of Security Research Exemption to Section 1201 of the DMCA

(by Wilson D. Scarbeary, Colorado Law 3L)

Section 1201 of the Digital Millennium Copyright Act (DMCA) prohibits the circumvention of technological protection measures (TPMs) that control access to copyrighted works. Every three years, the Copyright Office holds a rulemaking to consider temporary exemptions to this prohibition on circumvention of TPMs for noninfringing activities such as accessibility, repair, and security research.

Security research has become a critical aspect of our modern cybersecurity architecture, and renewing and expanding this exemption is critical to enable security research into devices ranging from voting machines to personal devices. The TLPC took part in the development of an early temporary exemption for security research in 2008, and has participated in each triennial review since then. This cycle, the TLPC worked on behalf of our client, Professor J. Alex Halderman of the University of Michigan, along with the Center for Democracy and Technology and the United States Technology Policy Committee of the Association of Computing Machinery.

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TLPC Releases White Paper for EFF Analyzing Municipal Rights of Way Franchising Authority in New York

(by Bethany Reece, Student Attorney)

Today the TLPC is releasing a white paper, prepared on behalf of and in collaboration with, the Electronic Frontier Foundation, which chronicles New York’s experience in the early 2000s with the telecommunications lobby’s efforts to replace historic municipal telecom franchising regimes with a centralized state franchising system. Given the increased leverage that localized franchising authority can afford to municipalities, this paper considers whether New York’s choices with respect to its regulatory regime may influence its outcomes with respect to achieving its FiOS buildout objectives, economic parity of high-speed broadband access across areas of varying income strata, and enforcing agreements with telecommunications providers.

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TLPC Publishes White Paper on 911 and COVID Diagnosis Privacy

In light of the ongoing pandemic, emergency call centers (ECCs) and public safety answering points (PSAPs) are faced with the question of whether to screen callers for COVID-19. The benefits of this screening will protect first responders—but on the other hand, ECC/PSAPs are concerned that screening callers may raise legal issues.

TLPC student attorney Kelsey Fayer drafted a white paper addressing whether ECC/PSAPs need to comply with privacy laws. First, caller screening information, if it is voluntary, likely satisfies relevant compliance requirements. Second, the Health Insurance Portability and Accountability Act (HIPAA) likely does not apply to PSAP/ECCs regarding a caller’s COVID-19 status. Finally, PSAP/ECCs should work with local public health authorities to implement privacy best practices. The white paper includes a 50-state chart mapping current PSAP/ECC practices around screening callers and state health privacy laws that may be applicable to PSAP/ECC COVID-19 caller queries.

Download the White Paper here.Download
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TLPC Files Comments in the Eighth Section 1201 Triennial Review

Today, the TLPC filed a series of comments in the Copyright Office’s Eighth Triennial Review of exemptions from the anticircumvention measures of Section 1201 of the Digital Millennium Copyright Act. Section 1201 prohibits the circumvention of technological protective measures (TPMs) that control access to copyrighted works, but allows stakeholders to apply for and receive broader temporary exemptions for a variety of noninfringing uses. The TLPC filed comments on four exemptions, one focused on security research and the other three on various accessibility purposes.

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TLPC and Georgetown Communications and Technology Law Clinic Draft Accessibility Agenda for FCC Transition Team

In consultation with Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI), the National Association of the Deaf (NAD), the American Council of the Blind (ACB), the Hearing Loss Association of America (HLAA), and the Technology Access Program (TAP) at Gallaudet University, the TLPC and our sister Communications and Technology Law Clinic (CTLC) at Georgetown Law developed an overview of critical technology accessibility priorities for a new administration at the Federal Communications Commission. The overview encourages the transition team and the FCC to:

  • Prioritize accessibility in agency leadership;
  • Relocate the Disability Rights Office to a new Office of Civil Rights;
  • Address videoconferencing accessibility problems in response to the pandemic;
  • Get the Real-Time Text transition back on track;
  • Bolster video programming accessibility; and
  • Improve the accessibility of wireless handsets.
Transition-and-2021-FCC-Priorities-for-Communications-AccessibilityDownload

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TLPC Files Comments on Behalf of Disability Rights Advocates to Enforce Carceral Communications Accessibility

TLPC student attorneys Caitlin League, Michael Obregon, and Brandon Ward worked over the last month with a coalition of incarcerated deaf/disabled people and their advocates, consumer groups, including our client, Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI), and accessibility researchers to file comments in response to a Further Notice of Proposed Rulemaking at the Federal Communications Commission (FCC) soliciting input on rates charged to incarcerated people for the use of telecommunication devices. Carceral facilities, including prisons and jails, have long denied incarcerated people with communications disabilities access to functionally equivalent communications services and equipment and charged exorbitant rates to maintain crucial connections between incarcerated people and their families, loved ones, and legal representatives.

Because the transition of the phone system from analog to Internet Protocol networks has largely broken compatibility with teletypewriters (TTYs), many carceral facilities essentially provide no accessible services or equipment. Among other remedies, the comments urge the FCC to require that inmate calling services (ICS) facilitate the provision of accessible services, including video relay service and Internet Protocol Captioned Telephone Service (IP CTS) and equipment, including videophones and captioned telephones, to carceral facilities.

2020.11.23-Accessibility-Coalition-Carceral-Communications-Comments-finalDownload

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TLPC Partners with CU Engineering, Coalition of Satellite Researchers to Advocate for Continued Access to Space

(by Michael Obregon, Colorado Law 2L)

The Technology Law and Policy Clinic at Colorado Law continued its work with Dr. Scott Palo and CU Engineering to influence national policy related to the regulation of small satellites by the Federal Communications Commission. The TLPC filed comments and reply comments on behalf of a coalition of researchers to argue for improvements to the FCC’s orbital debris rulemaking, which raises the possibility of legally and financially burdensome requirements on missions that could prevent academic researchers from participating in satellite-based research.

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TLPC Partners with CU Criminal Immigration Clinic to Prepare Report on Protecting Colorado DMV Photos, ICE, and Facial Recognition Tech

(by Conor May, Colorado Law 2L)

This year the TLPC and Colorado Criminal Immigration clinic looked at ways for the State of Colorado to prevent DMV records from being exploited by federal Immigration & Customs Enforcement (ICE). The clinics prepared a report to the Governor’s Office and Colorado DMV that highlights potential vulnerabilities and proposes policies to address those vulnerabilities.

The clinics’ report was sent to the Governor’s Office in March. On May 20th, Governor Polis issued a guidance document to all Colorado executive branch departments and agencies. This guidance on data privacy goes a long way toward addressing the vulernabilities raised in the clinics’ report, by placing restrictions on when state agencies can respond to requests for Personal Identifying Information (PII), which includes licenses and other DMV information.

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TLPC Publishes White Paper on the 911 Accessibility Regulatory Framework- An Update of 2015 TLPC 911 Accessibility Whitepaper

(by Jake Stephens, Colorado Law 2L)

Student attorney Jake Stephens wrote a white paper updating federal and Colorado regulatory frameworks governing 911 accessibility, updating a white paper on the same topic published by the TLPC in 2015. This update covers recent developments in 911 access regulatory dockets at the FCC, a summary of a withdrawal of proposed updates to 911 accessibility regulations under the Americans with Disabilities Act by the Department of Justice, and a glimpse into state 911 accessibility regulations with Colorado as the case study.

TLPC 911 and Accessibility White Paper (PDF)Download