DMCA Revisions

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.