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DMCA - ANALYSIS - TITLE 1
PROTECTION OF PERSONALLY IDENTIFYING INFORMATION
Jonathan Band’s DMCA Memo

TITLE I: WIPO TREATIES IMPLEMENTATION

Circumvention of Copyright Protection Systems - New Section 1201
Protection of Personally Identifying Information. The DMCA addresses personal privacy concerns by permitting circumvention for the limited purpose of identifying and disabling as technological means such as a "cookie" which collects or disseminates personally identifying information reflecting the online activities of the user.16 This exception is only applicable if the user is not provided with adequate notice and the capability to prevent or restrict such collection or dissemination, and if the circumvention has no other effect on the ability of any person to gain access to any work. Interestingly, this provision permits acts of circumvention to protect privacy, but does not specifically permit the development and distribution of the means of effectuating that circumvention.

  1. Reverse Engineering Exception
  2. Exception for Law Enforcement and Intelligence Activities
  3. Encryption Research Exception
  4. Security Testing Exception
  5. Exception Regarding Minors
  6. Protection of Personally Identifying Information
  7. Exemption for Nonprofit Libraries, Archives, and Educational Institutions
  8. Certain Analog Devices and Certain Technological Measures
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