The DMCA Chills Free Expression and Scientific Research.
Experience with section 1201 demonstrates that it is being used to stifle free speech and scientific research. The lawsuit against 2600 magazine, threats against Princeton Professor Edward Felten's team of researchers, and prosecution of Russian programmer Dmitry Sklyarov have chilled the legitimate activities of journalists, publishers, scientists, students, programmers, and members of the public.
The DMCA Jeopardizes Fair Use.
By banning all acts of circumvention, and all technologies and tools that can be used for circumvention, the DMCA grants to copyright owners the power to unilaterally eliminate the public's fair use rights. Already, the movie industry's use of encryption on DVDs has curtailed consumers' ability to make legitimate, personal-use copies of movies they have purchased.
The DMCA Impedes Competition and Innovation.
Rather than focusing on pirates, some have wielded the DMCA to hinder legitimate competitors. For example, the DMCA has been used to block aftermarket competition in laser printer toner cartridges, garage door openers, and computer maintenance services. Similarly, Apple has used the DMCA to tie its iPhone and iPod devices to Apple's own software and services.
The DMCA Interferes with Computer Intrusion Laws.
Further, the DMCA has been misused as a general-purpose prohibition on computer network access, a task for which it was not designed and to which it is ill-suited. For example, a disgruntled employer used the DMCA against a former contractor for simply connecting to the company's computer system through a virtual private network ("VPN").
President Obama has identified cybersecurity as one of the most serious economic and national security challenges we face as a nation, but one that we as a government or as a country are not adequately prepared to counter. Shortly after taking office, the President therefore ordered a thorough review of federal efforts to defend the U.S. information and communications infrastructure and the development of a comprehensive approach to securing America's digital infrastructure. In May 2009, the President accepted the recommendations of the resulting Cyberspace Policy Review, including the selection of an Executive Branch Cybersecurity Coordinator who will have regular access to the President. The Executive Branch was also directed to work closely with all key players in U.S. cybersecurity, including state and local governments and the private sector, to ensure an organized and unified response to future cyber incidents; strengthen public/private partnerships to find technology solutions that ensure U.S. security and prosperity; invest in the cutting-edge research and development necessary for the innovation and discovery to meet the digital challenges of our time; and begin a campaign to promote cybersecurity awareness and digital literacy from our boardrooms to our classrooms and begin to build the digital workforce of the 21st century. Finally, the President directed that these activities be conducted in a way that is consistent with ensuring the privacy rights and civil liberties guaranteed in the Constitution and cherished by all Americans.
