Advertise here: Contact FM.
`(4) Nothing in this section shall enlarge or diminish any rights of free speech or the press for activities using consumer electronics, telecommunications, or computing products.That's pretty clear. The paragraph was added to clarify the fact that the DMCA would not supersede the first amendment.
`(1) DEFINITIONS- For purposes of this subsection--
`(A) the term `encryption research' means activities necessary to identify and analyze flaws and vulnerabilities of encryption technologies applied to copyrighted works, if these activities are conducted to advance the state of knowledge in the field of encryption technology or to assist in the development of encryption products; and
`(B) the term `encryption technology' means the scrambling and descrambling of information using mathematical formulas or algorithms.
`(2) PERMISSIBLE ACTS OF ENCRYPTION RESEARCH- Notwithstanding the provisions of subsection (a)(1)(A), it is not a violation of that subsection for a person to circumvent a technological measure as applied to a copy, phonorecord, performance, or display of a published work in the course of an act of good faith encryption research if--
`(A) the person lawfully obtained the encrypted copy, phonorecord, performance, or display of the published work;
`(B) such act is necessary to conduct such encryption research;
`(C) the person made a good faith effort to obtain authorization before the circumvention; and
`(D) such act does not constitute infringement under this title or a violation of applicable law other than this section, including section 1030 of title 18 and those provisions of title 18 amended by the Computer Fraud and Abuse Act of 1986.
(b) ADDITIONAL VIOLATIONS- (1) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--Gee, looks arguable to me...
`(A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof;
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I considered that question an emergency, as I said up front.
posted by God at 11:48 PM on December 26, 2005