Wyden Urges Copyright Office To Grant Proposed Software-Related DMCA Section 1201 Exemptions

Sen. Ron Wyden, D-Ore., is urging the Copyright Office to grant several proposed software-related exemptions to Digital Millennium Copyright Act Section 1201's anti-circumvention rules. He said in a Wall Street Journal op-ed that failure to grant those exemptions “would be a massive mistake, and Americans need to speak up.” The CO is considering 27 exemptions as part of its triennial Section 1201 exemptions rulemaking process, including several exemptions for unlocking or jailbreaking mobile devices. The CO is expected to release its ruling on the exemptions Oct. 28 (see 1510080054). Wyden highlighted a proposed exemption that would allow security researchers to circumvent technological protection measures on vehicle software, saying the exemption would have allowed researchers to detect Volkswagen's use of software in its diesel vehicles to manipulate the results of emissions tests far earlier. “The obstacle thrown up against access to copyrighted software makes it more difficult for researchers and engineers to find similar problems in the future,” Wyden said. The Electronic Frontier Foundation made a similar argument last month shortly after the EPA uncovered the software manipulation (see 1509220060). Wyden also called for the CO to grant exemptions related to medical devices and other connected devices. “Coffee makers, thermostats, hot-water heaters, blow driers, watches, fireplaces and cars are all increasingly controlled by software,” Wyden said. “Their owners should be able to examine these devices’ software -- which is often as important as the hardware.”