Notes

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Outline

1	The DMCA and the Regulation of Scientific Research Joseph Liu Boston College Law School February 28, 2003 U.C. Berkeley DRM Conference
2	Background Congress enacts DMCA in 1998 Liability for acts of circumvention Liability for distributing technologies Encryption research exemption: 1201(g) “Good faith” research privileged Cases involving research e.g., Felten Current debate over impact on research
3	Impact on Research Academic encryption researchers should be able to conduct some research without significant fear of liability under the DMCA The DMCA will have a non-trivial impact on the conditions under which such research takes place
4	Impact on Research The DMCA will have a non-trivial impact on the conditions under which such research takes place Limit who can conduct research Impose additional hurdles before research Limit free communication about research Limit avenues for publication Require notice and disclosure of results Affect content of published work
5	Evaluating the Impact
6	Implications Be sensitive to the collateral impact on legitimate activities Get involvement of all of the many parties potentially affected by the legislation Build in some flexibility to take care of unanticipated collateral effects