EFF DMCA Lawsuit
Today I filed a lawsuit against the U.S. government, to strike down Section 1201 of the Digital Millennium Copyright Act. This law violates my First Amendment right to gather information and speak about an urgent matter of public concern: computer security. I am asking a federal judge to strike down key parts of this law so they cannot be enforced against me or anyone else.
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There’s a saying that no good deed goes unpunished. The person who said this should have been a security researcher. Instead of welcoming vulnerability reports, companies routinely threaten good-faith security researchers with civil action, or even criminal prosecution. Companies use the courts to silence researchers who have embarrassing things to say about their products, or who uncover too many of those products’ internal details. These attempts are all too often successful, in part because very few security researchers can afford a prolonged legal battle with well-funded corporate legal team.
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In the United States, one of the most significant laws that blocks security researchers is Section 1201 of the Digital Millennium Copyright Act (DMCA). This 1998 copyright law instituted a raft of restrictions aimed at preventing the “circumvention of copyright protection systems.” Section 1201 provides both criminal and civil penalties for people who bypass technological measures protecting a copyrighted work. While that description might bring to mind the copy protection systems that protect a DVD or an iTunes song, the law has also been applied to prevent users from reverse-engineering software to figure out how it works. Such reverse-engineering is a necessary party of effective security research.
