Renewed DMCA Exemptions Protect Security Researchers

AlphaAtlas

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The Digital Millennium Copyright Act is often criticized for its overreaching potential for abuse, but fortunately, "Section 1201" allows lawmakers to change or renew specific exemptions every three years. Motherboard reports that the feds just renewed an exemption that protects security researchers. Security expert Blake Reid told Motherboard that "It's important for many security researchers to have some certainty before they begin a project-or release results-that someone isn't going to be able to use Section 1201 to stop them from releasing the results of their work. Section 1201 also has criminal provisions, and no researcher wants to end up in jail for discovering a vulnerability." Thanks to our resident security expert for the tip.

The exemptions still have some caveats. Specifically, the Copyright Office ruling only applies to "use exemptions," not "tools exemptions"-meaning security researchers still can't release things like pen-testing tools that bypass DRM, or even publish technical papers exploring how to bypass bootloaders or other Trusted Platform Modules to test the security of the systems behind them. But other modest changes to the rules were incredibly helpful, notes Reid. Specifically, the new exemption removes a "device limitation" from previous exemptions that potentially limited researchers to investigating software only on "consumer" devices; hindering their ability to investigate security vulnerabilities in things like the cryptographic hardware used in banking applications, networking equipment, and industrial control systems. The new exemption also modified the "controlled environment limitation" from the previous exemption, which was often read to imply that researchers had to conduct their work in a formal laboratory, potentially hindering research into things like integrated building systems like internet-connected HVAC systems.
 
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