"Lately, USACM has
seen signs that its continued efforts to educate
policymakers and the public regarding the deleterious
impacts of the DMCA are having some
effect."
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USACM Backs
Efforts to Restore Balance to Copyright
Law
By Jeff Grove
Director,
ACM Office of Public Policy
Washington,
D.C.
Since its enactment in 1998, the Digital
Millennium Copyright Act (DMCA) has hindered the
computing community’s freedom to engage in research and
exchange ideas fundamental to innovation. By
criminalizing the manufacture and use of any technology
that can circumvent a copyright protection measure
rather than narrowly penalizing infringing behavior, the
DMCA’s anticircumvention provisions have produced a
chilling effect on U.S. scientific and research
enterprise. USACM, however, is
continuing its efforts to restore balance to copyright
laws involving non-infringing uses of copy-protected
works.
Under the DMCA, some scientists have found
it necessary to consult attorneys to determine whether
their previously legitimate research might be in
violation of the act. The threat of legal action under
the DMCA has deterred some scientists from publishing
scholarly work or even publicly discussing their
research. Some foreign scientists and international
members of ACM have indicated that they will not attend
conferences in the U.S. while the DMCA is in
force.
Last year, ACM submitted a declaration
in federal court regarding a case in which a team of
researchers challenged the DMCA on the grounds that it
could be used to prohibit publication and discussion of
their research demonstrating security flaws in certain
watermarking technologies. Citing the law’s potential to
limit the freedom to publish research on computer
technology, the declaration concluded that the
restrictions on the academic community, scientific
discourse and society would have a stifling effect on
analysis, research, and publication.
Lately,
USACM has seen signs that its continued efforts to
educate policymakers and the public regarding the
deleterious impacts of the DMCA are having some effect.
In October, Representatives Rick Boucher (D-VA) and John
Doolittle (R-CA) introduced legislation that permits
consumers and researchers to access hardware and
software products that enable non-infringing uses of
copy-protected works. Under this bill, technologists
would not face penalties for conducting research to
improve copyright protection systems, security software,
and software engineering tools. The sponsors have
pledged to work with the computing community to move
this legislation forward when the 108th Congress
convenes earlier next year. (See ACM’s letter
to Boucher.)
USACM will continue its efforts to
educate Congress regarding the dangers of the DMCA and
other legislation that prohibits technology or restricts
communication. USACM and the ACM Public Policy Office
welcome the comments and suggestions of ACM members to
assist in its policy, education and advocacy
efforts.
Email Jeff Grove
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