U.S.A. Copyright Law, Library of Congress. Copyright Office [reading diary TXT] 📗

of study, is

employed, or is appropriately trained or experienced, in the field of

encryption technology; and

(C) whether the person provides the copyright owner of the work to which

the technological measure is applied with notice of the findings and

documentation of the research, and the time when such notice is

provided.

(4) Use of Technological Means for Research Activities. Notwithstanding

the provisions of subsection (a)(2), it is not a violation of that

subsection for a person to-

(A) develop and employ technological means to circumvent a technological

measure for the sole purpose of that person performing the acts of good

faith encryption research described in paragraph (2); and

(B) provide the technological means to another person with whom he or

she is working collaboratively for the purpose of conducting the acts of

good faith encryption research described in paragraph (2) or for the

purpose of having that other person verify his or her acts of good faith

encryption research described in paragraph (2).

(5) Report to Congress. Not later than 1 year after the date of the

enactment of this chapter, the Register of Copyrights and the Assistant

Secretary for Communications and Information of the Department of

Commerce shall jointly report to the Congress on the effect this

subsection has had on-

(A) encryption research and the development of encryption technology;

(B) the adequacy and effectiveness of technological measures designed to

protect copyrighted works; and

(C) protection of copyright owners against the unauthorized access to

their encrypted copyrighted works.

The report shall include legislative recommendations, if any.

(h) Exceptions Regarding Minors. In applying subsection (a) to a

component or part, the court may consider the necessity for its intended

and actual incorporation in a technology, product, service, or device,

which-

(1) does not itself violate the provisions of this title; and

(2) has the sole purpose to prevent the access of minors to material on

the Internet.

(i) Protection of Personally Identifying Information.

(1) Circumvention Permitted. Notwithstanding the provisions of

subsection (a)(1)(A), it is not a violation of that subsection for a

person to circumvent a technological measure that effectively controls

access to a work protected under this title, if-

(A) the technological measure, or the work it protects, contains the

capability of collecting or disseminating personally identifying

information reflecting the online activities of a natural person who

seeks to gain access to the work protected;

(B) in the normal course of its operation, the technological measure, or

the work it protects, collects or disseminates personally identifying

information about the person who seeks to gain access to the work

protected, without providing conspicuous notice of such collection or

dissemination to such person, and without providing such person with the

capability to prevent or restrict such collection or dissemination;

(C) the act of circumvention has the sole effect of identifying and

disabling the capability described in subparagraph (A), and has no other

effect on the ability of any person to gain access to any work; and

(D) the act of circumvention is carried out solely for the purpose of

preventing the collection or dissemination of personally identifying

information about a natural person who seeks to gain access to the work

protected, and is not in violation of any other law.

(2) Inapplicability to Certain Technological Measures.

This subsection does not apply to a technological measure, or a work it

protects, that does not collect or disseminate personally identifying

information and that is disclosed to a user as not having or using such

capability.

(j) Security Testing.

(1) Definition. For purposes of this subsection, the term "security

testing" means accessing a computer, computer system, or computer

network, solely for the purpose of good faith testing, investigating, or

correcting, a security flaw or vulnerability, with the authorization of

the owner or operator of such computer, computer system, or computer

network.

(2) Permissible Acts of Security Testing. Notwithstanding the provisions

of subsection (a)(1)(A), it is not a violation of that subsection for a

person to engage in an act of security testing, if such act does not

constitute infringement under this title or a violation of applicable

law other than this section, including section 1030 of title 18 and

those provisions of title 18 amended by the Computer Fraud and Abuse Act

of 1986.

(3) Factors in Determining Exemption. In determining whether a person

qualifies for the exemption under paragraph (2), the factors to be

considered shall include-

(A) whether the information derived from the security testing was used

solely to promote the security of the owner or operator of such

computer, computer system or computer network, or shared directly with

the developer of such computer, computer system, or computer network;

and

(B) whether the information derived from the security testing was used

or maintained in a manner that does not facilitate infringement under

this title or a violation of applicable law other than this section,

including a violation of privacy or breach of security.

(4) Use of Technological Means for Security Testing. Notwithstanding

the provisions of subsection (a)(2), it is not a violation of that

subsection for a person to develop, produce, distribute or employ

technological means for the sole purpose of performing the acts of

security testing described in subsection (2), provided such

technological means does not otherwise violate section (a)(2).

(k) Certain Analog Devices and Certain Technological Measures.

(1) Certain Analog Devices.

(A) Effective 18 months after the date of the enactment of this chapter,

no person shall manufacture, import, offer to the public, provide or

otherwise traffic in any-

(i) VHS format analog video cassette recorder unless such recorder

conforms to the automatic gain control copy control technology;

(ii) 8mm format analog video cassette camcorder unless such camcorder

conforms to the automatic gain control technology;

(iii) Beta format analog video cassette recorder, unless such recorder

conforms to the automatic gain control copy control technology, except

that this requirement shall not apply until there are 1,000 Beta format

analog video cassette recorders sold in the United States in any one

calendar year after the date of the enactment of this chapter;

(iv) 8mm format analog video cassette recorder that is not an analog

video cassette camcorder, unless such recorder conforms to the automatic

gain control copy control technology, except that this requirement shall

not apply until there are 20,000 such recorders sold in the United

States in any one calendar year after the date of the enactment of this

chapter; or

(v) analog video cassette recorder that records using an NTSC format

video input and that is not otherwise covered under clauses (i) through

(iv), unless such device conforms to the automatic gain control copy

control technology.

(B) Effective on the date of the enactment of this chapter, no person

shall manufacture, import, offer to the public, provide or otherwise

traffic in-

(i) any VHS format analog video cassette recorder or any 8mm format

analog video cassette recorder if the design of the model of such

recorder has been modified after such date of enactment so that a model

of recorder that previously conformed to the automatic gain control copy

control technology no longer conforms to such technology; or

(ii) any VHS format analog video cassette recorder, or any 8mm format

analog video cassette recorder that is not an 8mm analog video cassette

camcorder, if the design of the model of such recorder has been modified

after such date of enactment so that a model of recorder that previously

conformed to the four-line colorstripe copy control technology no longer

conforms to such technology.

Manufacturers that have not previously manufactured or sold a VHS format

analog video cassette recorder, or an 8mm format analog cassette

recorder, shall be required to conform to the four-line colorstripe copy

control technology in the initial model of any such recorder

manufactured after the date of the enactment of this chapter, and

thereafter to continue conforming to the four-line colorstripe copy

control technology. For purposes of this subparagraph, an analog video

cassette recorder "conforms to" the four-line colorstripe copy control

technology if it records a signal that, when played back by the playback

function of that recorder in the normal viewing mode, exhibits, on a

reference display device, a display containing distracting visible lines

through portions of the viewable picture.

(2) Certain Encoding Restrictions. No person shall apply the automatic

gain control copy control technology or colorstripe copy control

technology to prevent or limit consumer copying except such copying-

(A) of a single transmission, or specified group of transmissions, of

live events or of audiovisual works for which a member of the public has

exercised choice in selecting the transmissions, including the content

of the transmissions or the time of receipt of such transmissions, or

both, and as to which such member is charged a separate fee for each

such transmission or specified group of transmissions;

(B) from a copy of a transmission of a live event or an audiovisual work

if such transmission is provided by a channel or service where payment

is made by a member of the public for such channel or service in the

form of a subscription fee that entitles the member of the public to

receive all of the programming contained in such channel or service;

(C) from a physical medium containing one or more prerecorded

audiovisual works; or

(D) from a copy of a transmission described in subparagraph (A) or from

a copy made from a physical medium described in subparagraph (C).

In the event that a transmission meets both the conditions set forth in

subparagraph (A) and those set forth in subparagraph (B), the

transmission shall be treated as a transmission described in

subparagraph (A).

(3) Inapplicability. This subsection shall not-

(A) require any analog video cassette camcorder to conform to the

automatic gain control copy control technology with respect to any video

signal received through a camera lens;

(B) apply to the manufacture, importation, offer for sale, provision of,

or other trafficking in, any professional analog video cassette

recorder; or

(C) apply to the offer for sale or provision of, or other trafficking

in, any previously owned analog video cassette recorder, if such

recorder was legally manufactured and sold when new and not subsequently

modified in violation of paragraph (1)(B).

(4) Definitions. For purposes of this subsection:

(A) An "analog video cassette recorder" means a device that records, or

a device that includes a function that records, on electromagnetic tape

in an analog format the electronic impulses produced by the video and

audio portions of a television program, motion picture, or other form of

audiovisual work.

(B) An "analog video cassette camcorder" means an analog video cassette

recorder that contains a recording function that operates through a

camera lens and through a video input that may be connected with a

television or other video playback device.

(C) An analog video cassette recorder "conforms" to the automatic gain

control copy control technology if it-

(i) detects one or more of the elements of such technology and does not

record the motion picture or transmission protected by such technology;

or

(ii) records a signal that, when played back, exhibits a meaningfully

distorted or degraded display.

(D) The term "professional analog video cassette recorder" means an

analog video cassette recorder that is designed, manufactured, marketed,

and intended for use by a person who regularly employs such a device for

a lawful business or industrial use, including making, performing ,

displaying, distributing, or transmitting copies of motion pictures on a

commercial scale.

(E) The terms "VHS format," "8mm format," "Beta format," "automatic gain

control copy control technology," "colorstripe copy control technology,"

"four-line version of the colorstripe copy control technology," and

"NTSC" have the meanings that are commonly understood in the consumer

electronics and motion picture industries as of the date of the

enactment of this chapter.

(5) Violations. Any violation of paragraph (1) of this subsection shall

be treated as a violation of subsection (b)(1) of