US Legislation Being Crafted to Expand, Not Contract, the DMCA

According to news reports, amendments to the controversial Digital Millennium Copyright Act (DMCA) are being crafted with the support of the Bush Administration and will shortly appear before the House of Representatives Judiciary Committee. Advance comments from politicians from both sides indicate that a battle is shaping up over this next round of copyright reform. The new Bill, to be called the Intellectual Property Reform Act of 2006, will receive the support of one industry lobby group, the Software and Information Industry Association. On the other hand, proposals to expand the civil and criminal remedies are sure to alarm those security researchers who already oppose the DMCA in its current version and those tech companies, academics and programmers who have been trying to persuade Congress to constrain the scope of the DMCA. For example, the current section 2101 of the DMCA prohibits distributing or trafficking in software or hardware that can be used to bypass copy-protection devices. Under the new Bill, however, in addition to targeting distribution of such devices, if they may be distributed to someone else, the making, importing, or obtaining control over or possession of them would also be prohibited. An IP law professor at American University has commented that this expansion makes it "one degree more likely that mere communication about the means of accomplishing a hack would be subject to penalties". Another provision in the Bill would make it a crime punishable by up to 10 years in prison for attempting copyright infringement. It remains to be seen how the Bill will fare when it is debated in Committee and reaches the House floor. For a news report with links to related legislation and opposing draft legislation, visit: http://makeashorterlink.com/?M21C1550D Summary by: The Editor