27 May 1999
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

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[Federal Register: May 27, 1999 (Volume 64, Number 102)]
[Notices]
[Page 28802-28803]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my99-41]

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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

LIBRARY OF CONGRESS

Copy Right Office
[Docket No. 990428110-9110-01]
RIN 0660-ZA09


Request for Comments on Section 1201(g) of the Digital Millennium
Copyright Act

AGENCIES: The National Telecommunications and Information
Administration, United States Department of Commerce; and the United
States Copyright Office, Library of Congress.

ACTION: Request for public comment.

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SUMMARY: The National Telecommunications and Information Administration
of the United States Department of Commerce and the United States
Copyright Office invite interested parties to submit comments on the
effects of Section 1201(g) of Title 17, United States Code, as adopted
in the Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat.
2860 (Oct. 28, 1998) (``DMCA'') on encryption research and the
development of encryption technology; the adequacy and effectiveness of
technological measures designed to protect copyrighted works; and the
protection of copyright owners against unauthorized access to their
encrypted copyrighted works.
    The DMCA, enacted on October 28, 1998, directs the Register of
Copyrights and the Assistant Secretary for Communications and
Information of the Department of Commerce to prepare a report for the
Congress examining the impact of Section 1201(g) on encryption research
and including legislative recommendations--if any--no later than one
year after enactment of the DMCA. This Federal Register Notice is
intended to solicit comments from interested parties on the effects of
section 1201(g) of the DMCA. More specifically, how will the provisions
of section 1201(g) of the DMCA affect encryption research?
    The DMCA defines ``encryption research'' as identification and
analysis of flaws and vulnerabilities of encryption technologies
applied to copyrighted works. This activity must promote understanding
of encryption technology or advance the development of encryption
products.

DATES: Comments must be received by July 26, 1999.

ADDRESSES: The Department of Commerce and the Copyright Office invite
the public to submit written comments in paper or electronic form.
Comments may be mailed to Paula J. Bruening, Office of Chief Counsel,
National Telecommunications and Information Administration (NTIA), Room
4713, U.S. Department of

[[Page 28803]]

Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC
20230; and Jesse M. Feder, Office of Policy and International Affairs,
U.S. Copyright Office, Copyright GC/I&R, P.O. Box 70400, Southwest
Station, Washington, D.C. 20024. Paper submissions should include a
version on diskette in PDF, ASCII, Word Perfect (please specify
version), or Microsoft Word (please specify version) format. Comments
should be sent to both the Department of Commerce and Copyright Office
addresses.
    Comments submitted in electronic form should be sent to
dmca@ntia.doc.gov and crypto@loc.gov. Electronic comments should be
submitted in the formats specified above and should be sent to both the
Department of Congress and Copyright Office addresses.

FOR FURTHER INFORMATION CONTACT: Paula J. Bruening, National
Telecommunications and Information Administration (202) 482-1816; and
Jesse M. Feder, Office of Policy and International Affairs, US
Copyright Office, Library of Congress (202) 707-8350.

SUPPLEMENTARY INFORMATION: The National Telecommunications and
Information Administration, United States Department of Commerce and
the United States Copyright Office, Library of Congress invite
interested parties to submit comments on the effects of the Digital
Millennium Copyright Act (DMCA) on encryption research and development
of encryption technology; the adequacy and effectiveness of
technological measures designed to protect copyrighted works; and,
protection of copyright owners against unauthorized access to their
encrypted copyrighted works.
    The objective of Title I of the Digital Millennium Copyright Act
was to revise U.S. copyright law to comply with two recent World
Intellectual Property Organization (WIPO) Treaties and to strengthen
copyright protection for motion pictures, sound recordings, computer
software and other copyrighted works in electronic formats. The DMCA
establishes a prohibition on the act of circumventing technological
measures that effectively control access to a copyrighted work
protected under the U.S. Copyright Act. The prohibition, found in
Section 1201 of Title 17, U.S. Code, takes effect October 28, 2000, two
years from the date of enactment of the DMCA.
    The DMCA also makes it illegal for a person to manufacture, import,
offer to the public, provide, or otherwise traffic in any technology,
product, service, device, component or part thereof which is primarily
designed or produced to circumvent a technological measure that
effectively controls access to or unauthorized copying of a work
protected by copyright, has only a limited commercially significant
purpose or use other than circumvention of such measures, or marketed
for use in circumventing such measures.
    Despite the general prohibitions of Section 1201, the DMCA permits
certain specified activities that include the circumvention of access
control technologies in limited circumstances. One such specified
activity is good faith encryption research. The DMCA defines
``encryption research'' as identification and analysis of flaws and
vulnerabilities of encryption technologies applied to copyrighted
works. This activity must promote understanding of encryption
technology or advance the development of encryption products.
    The DMCA exempts from the general prohibition certain good faith
activities of circumvention when: (a) The person circumventing the
protection system lawfully obtained the encrypted copy of the work; (b)
circumvention is necessary to conduct the encryption research; (c) the
person circumventing the protection system made a good faith effort to
obtain authorization prior to the circumvention; and, (d) such
circumvention does not constitute copyright infringement or a violation
of any otherwise applicable law. The DMCA also lists additional factors
to be considered when determining whether a person qualifies for the
exemption.
    The DMCA also includes several additional exemptions from the
general prohibition or circumvention. One such exemption is for
security testing. Section 1201(j) of Title 17, U.S. Code permits
circumvention of access control technologies in order to test the
effectiveness of a security measure. Comments on Subsection 1201(j),
the exemption for ``security testing,'' and comments on exemptions
other than the exemption for encryption research, are not being
solicited by this Notice and will not be considered.
    Information collected from responses to this Federal Register
Notice will be considered when preparing the required report for
Congress.
Kathy D. Smith,
Acting Chief Counsel, National Telecommunications and Information
Administration.
Marybeth Peters,
Register of Copyrights, United States Copyright Office.
[FR Doc. 99-13439 Filed 5-26-99; 8:45 am]
BILLING CODE 3510-60-P
