Conservancy Requests Three DMCA Exemptions to Let People Control Their Devices

[Software Freedom Conservancy]

URL: https://sfconservancy.org/blog/2020/sep/16/dmca-exemptions-2020/

   Conservancy Requests Three DMCA Exemptions to Let People Control Their Devices

Every three years, the US Copyright Office conducts a rulemaking process to
consider exemptions to the anticircumvention provisions of the Digital
Millennium Copyright Act (DMCA). These are the provisions of the law that
make it a criminal offense to circumvent digital rights management
technology (DRM). These provisions give technology companies far too much
control over the technology people use, prohibiting all kinds of
modification and tinkering in the name of “copyright protection.” We would
love to see the anticircumvention provisions of the DMCA repealed in their
entirety.

Until that happens, the rulemaking process gives us an opportunity to
request exemptions that are strategically important for software freedom and
essential for us to be able to control our own devices. This year we
requested three new exemptions:

  * To allow people to investigate whether software on a device violates
    free and open source software (FOSS) licenses, and to exercise rights
    that would ordinarily be granted by those licenses were it not for the
    technological restrictions
    
  * To allow people to conduct good-faith testing, investigation, and
    correction of privacy issues—for example, think Internet of Things
    devices that phone home with more information than they disclose
    
  * To allow people to install alternative firmware on routers and other
    network hardware they buy, to add or remove functionality as they see
    fit

All of these exemptions recognize the growing prevalence of small, dedicated
devices in many people’s lives. We’re always horrified to learn when gadgets
that should be innocuous like doorbells, thermostats, and baby monitors are
spying on us, whether by design or careless programming. It should not be a
crime for people to investigate these issues and take steps to defend
themselves with devices they’ve bought and own—especially when the device is
running FOSS that promises the user those very rights. Our requests call on
the US Copyright Office to codify that common sense into law.

We also requested renewal of the exemption that allows people to install
alternative software on smart TVs that we previously won in 2015.

These requests kick off the beginning of the process, where all new
exemptions are requested. We can expect the Copyright Office to announce
what exemptions are granted around this time next year. We’ll be sure to
keep you updated on the process.

Social Media Links:
  https://mastodon.technology/@conservancy/104875335403685971
  https://twitter.com/conservancy/status/1306255775497674754

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