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Section 1201 Security Research Exemption

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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Municipal Drone Policy

TLPC student attorneys and Colorado Law 2Ls Kristine Roach, Trey Reed, and Jay Gurney recently finalized a white paper on municipal drone policy. The paper outlines some of the many drone applications for hobbyists, businesses, researchers and governments, while considering disruption and intrusion concerns.

Given these competing concerns and interests, the paper outlines different approaches to municipal drone policies and regulations, including the prospect of federal preemption. The paper also analyzes 4th Amendment limitations on municipal drone surveillance and open records requirements implicated by municipal drone use. While the analysis is most pertinent to Boulder, the drone policy considerations are intended to be applicable to municipalities across the United States.

Our thanks to Prof. Deborah Cantrell, Prof. Ann England, Prof. Margot Kaminski, Tom Carr, Boulder City Attorney, Julia Richman, Boulder Chief Information and Analytics Officer, and Cory Dixon, IRISS Chief Technologist for their help in the development of this paper.

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TLPC Releases White Paper on Intellectual Property Issues at the FCC

In this white paper, TLPC student attorneys Colter Donahue and J. Parker Ragland outline steps that the FCC can take to avoid having rulemakings and other policymaking initiatives delayed or negatively affected by intellectual property issues. In recent years, the Commission has faced several situations, including in the context of 9-1-1 services, telecommunications relay services, and set-top boxes, where intellectual property issues have arisen and affected proceedings. The white paper urges the Commission to develop adequate expertise in intellectual property law and to proactively anticipate and address IP issues to avoid these situations in the future.

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TLPC Completes 911 Accessibility Report for Colorado Public Utilities Commission

This semester, TLPC student attorneys Victoria Naifeh, Allison Daley, and Elizabeth Chance and student technologist Jeff Ward-Bailey worked with the Colorado Public Utilities Commission’s 911 task force  to research the legal landscape surrounding 911 accessibility for the deaf, deaf-blind, hard of hearing, and speech disabled communities in Colorado.  The final project, a white paper summarizing the research, is now available here and on the the Social Sciences Research Network: