Fair Use remains vital to consumer welfare in the digital age. Consumers should continue to be able to engage in time-shifting, place-shifting, and other private, noncommercial rendering of lawfully obtained music and video content.

• Application of any technical measures should recognize fair use principles through "recording" rule limitations.
• Consumer fair use rendering of content may include consumer-to-consumer exchanges.

Products and services with substantial non-infringing uses, including those that enable fair use activities by consumers, should continue to be legal.

• The Supreme Court’s holding in the "Betamax" case has been essential for new and beneficial technology, products, and services to reach consumers.

Home recording practices have nothing to do with commercial retransmission of signals, unauthorized commercial reproduction of content, or other acts of "piracy." Home recording and piracy should not be confused.

• Such unlawful commercial activity occurs whether or not consumers have access to home recording technology, so ordinary consumers need not and should not be the target of efforts to deter it.

Any technical constraints imposed on products or consumers by law, license or regulation should be narrowly tailored and construed, should not hinder technological innovation, and may be justified only to the extent that they foster the availability of content to consumers.

• Application of a technical measure that would entirely prevent a consumer from making audio home recordings on devices or media covered by the Audio Home Recording Act should be considered illegal under the Act.
• The Digital Millennium Copyright Act should not be construed so as to mandate design conformance of a consumer electronics product or a computing product with any particular technical measure (other than the narrow, limited exception specified in section 1201(k) of the Act).
• The Federal Communications Commission should not permit cable entitiesor others to deny lawful viewing of DTV signals to consumers based on copy protection concerns over product interfaces.