[Federal Register Volume 64, Number 102 (Thursday, May 27, 1999)]
[Notices]
[Pages 28802-28803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13439]


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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 
[email protected] and [email protected]. 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