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US DMCA security research exemption takes effect

A new exemption to the DMCA’s anti-circumvention rules now allows good-faith security research on lawfully acquired devices and software.

A new exemption from the anti-circumvention provisions of section 1201 of the Digital Millennium Copyright Act (DMCA) for good-faith security research takes effect today in the United States.

Key points

  • Researchers may circumvent technological protection measures to test lawfully acquired devices and software for security flaws.
  • The exemption covers consumer devices, motorised land vehicles and certain medical devices.
  • Research must be carried out in a controlled environment designed to avoid harm.
  • Researchers must still comply with other laws, including the Computer Fraud and Abuse Act.

The exemption, granted in the Library of Congress’s 2015 rulemaking but delayed by a year, gives UK security testers and product teams working in the US more legal certainty.

Source: Section 1201 exemptions final rule, 80 FR 65944 (Federal Register)

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