The new exemptions in section 1201 of the DMCA are welcome, but do not go far enough

We are pleased to announce that the Library of Congress and the Copyright Office have extended the exemptions to section 1201 of the DMCA, a dangerous law that inhibits speech, harms competition and threatens digital security. But the exemptions are still too narrow and complex for most technology users.

Section 1201 prohibits "circumventing" digital locks that control access to copyrighted works, as well as making and selling devices that break them. Every three years, the Copyright Office holds hearings and accepts evidence of how this prohibition affects lawful activities. This year, EFF has proposed expanding some of the existing exemptions for video creators, repairs and jailbreaking.

With this regulation, there will be more circumstances in which people can legally break the digital access controls to do legal things with their own media and devices:

• People who repair digital devices, including vehicles and appliances, will be better protected against legal threats.
• Filmmakers, students and creators of ebooks will be able to use video clips more freely.
• Users can now jailbreak and edit voice assistants such as Amazon Echo and Google Home, as with smartphones and tablets.
• Security researchers will have more freedom to investigate and correct imperfections of a wider range of devices.

But the Copyright Office has rejected the proposals of many people to simplify the exceptions so that ordinary citizens can use them without a lawyer. EFF has proposed expanding the exemption for vehicle maintenance and repair so that it covers all devices containing software, as well as legal changes and DIY that will beyond repair. We have cited a wide range of examples in which Section 1201 was harming people's use of their own digital devices. But the board extended the exemption only to "smartphones".[s]," "home appliance[s], "And" home system[s]such as a refrigerator, a thermostat, a heating, ventilation or air conditioning system or an electrical system. This list does not capture all personal devices containing software, including the ever-growing Internet of Things, for which users must be able to repair and maintain without legal threats. And the Bureau again refused to expand the exemption to legal changes and DIY.

Similarly, the Copyright Office rejected proposals to stop dividing video creators into restricted categories such as "documentary filmmakers" and creators of "non-commercial videos" and "e-books". multimedia ". legal barriers to avoid prosecution under Section 1201 in the performance of their duties.

The exemptions announced yesterday will help more creators and technology users, but they do not preserve the law from an unconstitutional restriction on freedom of expression. The Constitution does not allow speech licensing schemes like this one that gives government officials the power to deny permission to express themselves using technology when they claim full discretion to grant or deny permission without binding legal standards or judicial review. EFF represents contractor Andrew "Bunnie" Huang and professor Matthew Green in a lawsuit to overturn Section 1201. Having completed the rule making this year, we look forward to continuing this case.