[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1892 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1892
To amend section 1201 of title 17, United States Code, to require the
infringement of a copyright for a violation of such section, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2013
Ms. Lofgren (for herself, Mr. Massie, Mr. Polis, and Ms. Eshoo)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Ways and Means, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend section 1201 of title 17, United States Code, to require the
infringement of a copyright for a violation of such section, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unlocking Technology Act of 2013''.
SEC. 2. INFRINGEMENT OF A COPYRIGHT REQUIRED FOR ANTICIRCUMVENTION
PROHIBITION.
(a) Amendments.--Section 1201(a) of title 17, United States Code,
is amended--
(1) in paragraph (1)(A)--
(A) by amending the first sentence to read as
follows: ``No person shall, in order to infringe or
facilitate infringement of a copyright in a work
protected under this title, circumvent a technological
measure that effectively controls access to that
work.''; and
(B) by adding at the end the following: ``It shall
not be a violation of this section to circumvent a
technological measure in connection with a work
protected under this title if the purpose of such
circumvention is to engage in a use that is not an
infringement of copyright under this title.'';
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting after ``for
the purpose of'' the following: ``facilitating the
infringement of a copyright by'';
(B) in subparagraph (B), by striking ``circumvent''
and inserting ``facilitate the infringement of a
copyright by circumventing''; and
(C) in subparagraph (C), by inserting after ``for
use in'' the following: ``facilitating the infringement
of a copyright by''; and
(3) by redesignating paragraph (3) as paragraph (4), and
inserting after paragraph (2), the following new paragraph:
``(3) It is not a violation of this section to use, manufacture,
import, offer to the public, provide, or otherwise traffic in any
technology, product, service, device, component, or part thereof that
is primarily designed or produced for the purpose of facilitating
noninfringing uses of works protected under this title by circumventing
a technological measure that effectively controls access to that work,
unless it is the intent of the person that uses, manufactures, imports,
offers to the public, provides, or traffics in the technology, product,
service, device, component, or part to infringe copyright or to
facilitate the infringement of a copyright.''.
(b) Report Required.--
(1) In general.--Not later than the end of the 9-month
period beginning on the date of the enactment of this Act, the
Assistant Secretary for Communications and Information of the
Department of Commerce shall submit to the committees described
in paragraph (2) a report on--
(A) the impact of section 1201 of title 17, United
States Code, on consumer choice, competition, and free
flow of information;
(B) whether section 1201 of such title should be
reformed in part, reformed entirely, or repealed; and
(C) barriers and challenges to such reform or
repeal, including international trade agreements and
treaties.
(2) Committees.--The committees described in this paragraph
are the following:
(A) The Committees on the Judiciary and Energy and
Commerce of the House of Representatives.
(B) The Committees on the Judiciary and Commerce,
Science, and Transportation of the Senate.
SEC. 3. NETWORK SWITCHING NOT INFRINGEMENT.
Section 117 of title 17, United States Code, is amended by adding
at the end of the following new subsection:
``(e) Network Switching.--Notwithstanding the provisions of section
106, it is not an infringement to copy or adapt the software or
firmware of a user-purchased mobile communications device for the sole
purpose of enabling the device to connect to a wireless communications
network if--
``(1) the copying or adapting is initiated by, or with the
consent of, the owner of that device or the owner's agent;
``(2) the owner of that device or the owner's agent is in
legal possession of the device; and
``(3) the owner of that device has the consent of, or an
agreement with, the authorized operator of such wireless
communications network to make use of that wireless
communications network.''.
SEC. 4. HARMONIZATION OF TRADE AGREEMENTS.
The President shall take the necessary steps to secure
modifications to applicable bilateral and multilateral trade agreements
to which the United States is a party in order to ensure that such
agreements are consistent with the amendments made by this Act.
SEC. 5. EFFECTIVE DATE.
(a) Amendments.--The amendments made by this Act shall apply to
acts carried out after the expiration of the 9-month period beginning
on the date of the enactment of this Act.
(b) Report.--Sections 2(b) and 4 shall take effect on the date of
the enactment of this Act.
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