“The exemptions are needed thanks to a fundamentally flawed law that forbids users from breaking DRM, even if the objective is a clearly lawful fair use”, the EFF wrote in a blog post.
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The EFF spearheaded the Proposed Exemption to the DMCA.
Should you want to test or investigate security vulnerabilities or modify your car’s vehicular functions, you’ll be good to go once the new rules come into effect.
Security researchers have been given the green light to hunt for flaws in auto software by U.S. authorities. However, you can’t tinker with your e-readers, handheld gaming devices, laptops and desktop computers.
Potential exemptions are proposed by members of the public, and are then reviewed during a series of public hearings before adoption by the Librarian of Congress. The library’s decisions also take into account input from the National Telecommunications and Information Administration. The hacking of video game consoles is also prohibited, as the Copyright Office found that removing their limitations is correlated with the piracy of video games.
In addition to the security research exemption, the Librarian also renewed a previous exemption that allows the jailbreaking of smartphones and extended it to other mobile devices like tablets and smartwatches. The DMCA prohibits circumventing encryption or access controls to copy or modify copyrighted works. “The Register also concluded that no evidence was submitted to illustrate opponents” claim that “jailbreaking’ of smart TVs will make it easier to gain unauthorized access to copyrighted content, or that it would otherwise undermine smart TVs as a platform for the consumption of expressive works”.
Vehicle manufacturers opposed the move, saying repair garages could fix any issues. The law, by the way, allowed people to unlock phones on behalf of the owner, which the Librarian of Congress appears to view as something that will require legislative consideration if it is to be applied to other kinds of software. The decision comes thanks to a concerted effort from the Electronic Frontier Foundation, which filed for two exemptions that coincided with the Volkswagen emissions scandal. They said it was “unnecessary” because “vehicle owners have alternative options, such as manufacturer-authorized fix shops and tools”. “Sensitive vehicle data could be easily manipulated, altered, or distributed – undetected – if these changes are implemented”, read a statement from an industry group that warned on possible safety lapses form the new rules.
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Deere spokesman Ken Golden said the company is still in favor of its earlier opposition. GM had similarly argued that many people mistakenly “conflate ownership of a vehicle with ownership of the underlying computer software”.
