USACM Policy Brief

The DMCA was enacted by the U.S. Congress in 1998. In an overly broad attempt to protect copyright content, the anti-circumvention provisions of the Act are having a chilling effect on analysis, research, and publication. In particular, scientists and technologists that conduct research in forensics or other computer security areas face risks of legal liability simply for reverse engineering security measures and for reporting the results of their efforts. USACM continues to recommend that the anti-circumvention provisions of the legislation be revised to restrict only circumvention directly involved in infringement.

USACM Position Statement on the DMCA February 6, 2004

USACM Activities

• In a submission to the Congressional Internet Caucus, USACM raised concerns about the chilling effect the DMCA is having on cybersecurity research and the ability of technologists to discover and fix dangerous bugs in code, to analyze and stop malicious code and spyware, and to publish and discuss computing research. USACM recommends a more balanced approach that targets copyright infringement while permitting non-infringing uses of copy-protected works (June 16, 2004).
  
  
• USACM sent a letter to Florida Governor Jeb Bush concerning a broad state DMCA-like measure that restricts the use of certain computing technology in an effort to provide additional legal protections for communication services and digital content. June 9, 2003

• The U.S. Supreme Court issued its opinion in Dastar v. Twentieth Century Fox. By ruling in favor of Dastar, the Court limits the ability of copyright holders to use the Lanham Act as a super-copyright law. The opinion is welcomed by USACM and others in the library, higher-education, and computing community. In February, USACM signed a brief submitted to the Supreme Court in support of Dastar that sought to explain the potential damaging impact of reversing the legal precedent of leaving facts in the public domain where they can be incorporated into new works. June 2, 2003

• USACM Co-Chair Barbara Simons offered testimony before the Copyright Office of the Library of Congress regarding Section 1201 of the DMCA, which prohibits circumvention of copyright protected systems for access control technologies. Hearing Transcript. May 14, 2003

• USACM joined a diverse collection of ibrary, higher-education, and computing groups in submitting an amicus brief with the Supreme Court in Dastar v. Twentieth Century Fox. The brief explains to the court the potential damaging impact of reversing the legal precedent of leaving facts in the public domain where they can be incorporated into new works. February 25, 2003

• USACM submitted comments to the U.S. Copyright Office as part of the DMCA rulemaking on exemptions from prohibition on circumvention of technological measures that control access to copyrighted works. December 18, 2002

• An article by Jeff Grove on USACM's work to restore balance to US Copyright law. November 15, 2002

• USACM sent a letter to Representative Rick Boucher (D-VA) commending him on the introduction of H.R. 5544, the Digital Media Consumers' Rights Act of 2002. November 1, 2002

• USACM and the Computer Research Association (CRA) reply to Columist article regarding the impact of the DMCA. August 20, 2002.

• USCAM letter to Senator Ernest F. Hollings, Chairman of the Senate Committee on Commerce, Science, and Transportation, expressing concerns with the potential legislative proposal known as the Security Systems Standards and Certification Act (SSSCA). September 26, 2001

• ACM Submitted a Declaration in Felten vs. RIAA challenge to the DMCA seeking to help the court to understand the DMCA's chilling effect on analysis and research publication. August 13, 2001

• ACM CEO and Executive Director John White submitted a letter to U.S. Trade Representative Robert B. Zoellick urging that DMCA-like anti-circumvention measures be removed from the FTAA treaty currently under negotiation. August 22, 2001

• USACM Letter to Office of the U.S. Trade Representative regarding the draft Free Trade Area of the Americas (FTAA) treaty's intellectual property provisions. As part of the treaty discussions, negotiators are considering including copyright provisions that would require all nation-signatories to enact DMCA-like anti-circumvention provisions. August 17, 2001

• USACM response to Senator Diane Feinstein's statement on opposition to the DMCA. Senator Feinstein, the Chair of the Senate Judiciary Committee's Subcommittee on Technology, Terrorism, and Government Information, stated that she had heard of no credible opposition to the DMCA. July 31, 2001

• USACM's letter to the Association of American Publishers regarding AAP's support for the arrest of Dmitry Sklyarov and the DMCA. Here is the August 1, 2001, response from the AAP. July 26, 2001

• USACM press release regarding the effect of the DMCA on academic freedom and speech. May 3, 2001

• HR 2281, The Digital Millennium Copyright Act. Introduced by Representative Coble, July 29, 1997. Approved by the House August 4, 1998. Approved by Senate September 17, 1998. Signed by the President October 28, 1998 (Public Law: 105-304). ACM provides an overview of litigation in California, New York, and Connecticut on DVD copying.
  

  ACM President Barbara Simons submitted comments to the U.S. Copyright Office urging the exemption of certain classes of works from the prohibition of circumvention in the DMCA. February 17, 2000
  

  To DVD or Not to DVD from Communications of the ACM 43, 5 May, 2000. By ACM president Barbara Simons.

  ACM past-president Barbara Simons's deposition on behalf of the defendants in the New York DeCSS case. July 8, 2000

• USACM member Pamela Samuelson's (see the article titled "Anticircumvention Rules: Threat to Science") list of articles. September 14, 2001

Related Resources:

• Library of Congress Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works as dictated by the DMCA.
  
• Letter on the impact of HR 2281 from Presidents of eight major scientific societies,September 14, 1998.


• WIPO letter from the InfoSec community, August 1, 1998.
• USACM letter to Senator Snowe (R-ME) on the database provision.
• USACM letter to Rep Bliley on the circumvention and database provisions.
• USACM letter on H.R. 2281 and dangers to encryption research and computer security, June 4, 1998.
• Alert on bill by CPT, EFF, and EPIC.
• Joint letter from the Digitial Future Coalition, American Committee for Interoperable Systems, Consumer Electronics Manufacturers Association, Home Recording Rights Coalition, Computer and Communications Industry Association and USACM to Rep. Coble on HR 2281, August 4, 1997.
  
  

No Electronic Theft Act

HR 2265, The No Electronic Theft Act, Introduced by Rep. Goodlatte (R-VA) on July 25, 1997. Approved by House of Representatives on November 4, 1997. Approved by the Senate on November 13, 1997. Signed by President, December 16, 1998 (Public Law 105-147).

Related Resources:

• USACM letter to U.S. Sentencing Commission on sentencing guidelines for the NET Act, January 25, 2000.
• USACM letter to President Clinton on HR 2265, November 25, 1997.
• USACM press release.
• Summary of bill from Thomas.
• House Judiciary Committee Report (House Rpt. 105-339), October 25, 1997.