"Lately, USACM has seen signs that its continued efforts to educate policymakers and the public
regarding the deleterious impacts of the DMCA are having some effect."
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USACM Backs Efforts to Restore Balance to Copyright Law
By Jeff Grove
Director, ACM Office of Public Policy
Washington, D.C.
Since its enactment in 1998, the Digital Millennium Copyright Act (DMCA) has hindered the
computing community’s freedom to engage in research and exchange ideas fundamental to innovation.
By criminalizing the manufacture and use of any technology that can circumvent a copyright
protection measure rather than narrowly penalizing infringing behavior, the DMCA’s
anticircumvention provisions have produced a chilling effect on U.S. scientific and research
enterprise. USACM, however, is continuing its efforts to
restore balance to copyright laws involving non-infringing uses of copy-protected works.
Under the DMCA, some scientists have found it necessary to consult attorneys to determine whether
their previously legitimate research might be in violation of the act. The threat of legal action
under the DMCA has deterred some scientists from publishing scholarly work or even publicly
discussing their research. Foreign scientists and international members of ACM have indicated that
they will not attend conferences in the U.S. while the DMCA is in force. Last year, ACM submitted
a declaration in federal court
regarding a case in which a team of researchers challenged the DMCA on the grounds that it could
be used to prohibit publication and discussion of their research demonstrating security flaws in
certain watermarking technologies. Citing the law’s potential to limit the freedom to publish
research on computer technology, the declaration concluded that the restrictions on the academic
community, scientific discourse and society would have a stifling effect on analysis, research,
and publication.
Lately, USACM has seen signs that its continued efforts to educate policymakers and the public
regarding the deleterious impacts of the DMCA are having some effect. In October, Representatives
Rick Boucher (D-VA) and John Doolittle (R-CA) introduced legislation that permits consumers and
researchers to access hardware and software products that enable non-infringing uses of
copy-protected works. Under this bill, technologists would not face penalties for conducting
research to improve copyright protection systems, security software, and software engineering
tools. The sponsors have pledged to work with the computing community to move this
legislation forward when the 108th Congress convenes earlier next year. (See ACM’s
letter to Boucher.)
USACM will continue its efforts to educate Congress regarding the dangers of the DMCA and other
legislation that prohibits technology or restricts communication. USACM and the ACM Public Policy
Office welcome the comments and suggestions of ACM members to assist in its policy, education and
advocacy efforts.
Email Jeff Grove
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