How do the DMCAs anti-circumvention provisions affect encryption researchers?
The encryption research exemption is intended to protect circumvention that advances the state of knowledge in the field of encryption technology or assists in the development of encryption products. Circumvention in encryption research may be allowed if, when done in good faith, if the following conditions are met: • the researcher lawfully obtained the copyrighted work (ie. this exemption applies only to copy controls, not access controls); [1201(g)(2)(A)] • circumvention is necessary for the encryption research; [1201(g)(2)(B)] • the researcher tried to obtain authorization from the copyright owner before the circumvention; [1201(g)(2)(C)] and • circumvention is otherwise permissible under the applicable laws. [1201(g)(2)(D)] In addition to the above factors, the DMCA directs courts to consider three other factors in determining whether or not to apply the exemption in a particular case: • whether the discovered information was disseminated, and if so, whether it was disseminated in
