2. www.policybandwidth.com
Jonathan Band PLLC
Technology Law and Policy
Digital Technology
• Digital technology provides copyright owners with inno
vative and low cost means of distributing content.
• But digital technology also exposes copyright owners t
o unauthorized reproduction and distribution without de
gradation.
• Technology may provide solutions to this problem: Digi
tal Rights Management (DRM).
3. www.policybandwidth.com
Jonathan Band PLLC
Technology Law and Policy
Technological Protecti
on Measures
• Preventing unauthorized access to copyrighted works.
– Encryption – Content Scrambling System (CSS) for Digi
tal Versatile Discs (DVDs)
– Can require licensees of decryption algorithm to limit fu
nctionality of devices
– Regional encoding
• Preventing unauthorized copies of copyrighted works
– CD encoding
4. www.policybandwidth.com
Jonathan Band PLLC
Technology Law and Policy
Limits of Technologica
l Protections
• TPMs can be hacked.
• DeCSS developed by 16 year old in Norway.
• Legal protection of technological protections.
5. www.policybandwidth.com
Jonathan Band PLLC
Technology Law and Policy
Prohibition on Circumvention
• World Intellectual Property Organization (WIPO) Copyrig
ht and Performances and Phonograms Treaties (1996).
• U.S. Digital Millennium Copyright Act (1998).
• Free Trade Agreements, including TPP (2015).
6. www.policybandwidth.com
Jonathan Band PLLC
Technology Law and Policy
Section 1201 of the DMCA
• Prohibition on circumvention of access controls.
• Prohibition on manufacture and distribution of devices p
rimarily designed or marketed to circumvent access con
trols.
• Prohibition on manufacture and distribution of devices p
rimarily designed or marketed to circumvent copy contr
ols.
7. www.policybandwidth.com
Jonathan Band PLLC
Technology Law and Policy
Limitations on Circumventio
n Provisions
• Enumerated exceptions for legitimate purposes (e.g. rever
se engineering for interoperability, security testing).
• Procedure for additional exceptions.
• Exemptions just approved by the Librarian of Congress.
– Enabling screen-readers for visually impaired
– Film clips for educational uses
– Videogame Preservation
– Unlocking, Jailbreaking, Cars, Security, 3D Printers
8. www.policybandwidth.com
Jonathan Band PLLC
Technology Law and Policy
Circumvention Prohibitions Re
main Controversial
• Prohibit legitimate uses (e.g., library preservation).
• Abusive practices in after-markets.
• Rulemaking Process
• Possible Reforms?
