Congress passed the Digital Millennium Copyright Act (DMCA) in 1998 to restrict the circumvention of technological restrictions on digital media. The DMCA includes exemptions to the prohibitions. These exemptions are put in place when it is shown that the restricting technology makes it difficult for people to use copyrighted works without infringing on the DMCA regulations. Every three years, the Librarian of Congress revises these exemptions to keep up with technological advances. The most recent revisions in October 2012 mark the first time that the exemptions have grown tighter rather than broader.
In 2010, an exemption for "jailbreaking" phones was approved. "Jailbreaking" allows people to install non-approved apps on devices. This past year, several entities proposed extensions allowing consumers to jailbreak tablets and video gaming consoles, but the Librarian of Congress refused this extension. Another denied proposal regarded the ability to copy digital content from one device to another.
It is now a criminal offense to "unlock" any smartphone purchased after January 26, 2013, punishable by up to $500,000 fine or 5 years in prison for first time offenders. "Unlocking" refers to the act of breaking a phone's connection with a specific provider in order to use it with another.
Although the Librarian denied several proposals, several new rules were adopted allowing the copying and decrypting electronic media for criticism, commentary, documentaries, and educational purposes.
Wow, that's a steep fine.
ReplyDeleteI wouldn't expect a librarian to be able to decide on legal matters. What power does the librarian of congress have?
The United States Code provides that:
ReplyDelete"The Librarian of Congress shall be appointed by the President, by and with the advice and consent of the Senate. He shall make rules and regulations for the government of the Library."
(2 USC Sec. 136)
The Office of the Librarian has many responsibilties and acts "to support the Congress in fulfilling its constitutional duties and to further the progress of knowledge and creativity for the benefit of the American people." (James H. Billington, Librarian of Congress) One of the responsibilities of the Librarian is to review and amend/update the Digital Millennium Copyright Act every 3 years.
For more information on the Library of Congress visit http://www.loc.gov/about/index.html
-Matthew Goings