FW: DMCA used to shut down campus ID security talk

Don Davis don at mit.edu
Tue Apr 15 23:34:32 EDT 2003

here's an interesting paper from the cyberprof list [mailto:owner-cyberprof_list at uclink4.berkeley.edu],
forwarded to me by a friend.  the author, Joe Liu,
worked with EFF on the felten v. RIAA case.

				- don davis, boston

-----Original Message-----

>> At 09:55 AM 4/15/2003 -0700, Mark Lemley wrote:
>>> Joe Liu is doing some interesting
>>> empirical work trying to assess the 
>>> extent of the chill on research.

Pam Samuelson replied: 
>> Joe's excellent article on DMCA and scientific 
>> research is up on the Berkeley DRM conference
>> website.  I recommend  that those of you
>> interested in this subject take a look at it
>> at 


Joe Liu replied:
> Thanks for the plug! 
> For those who prefer pdf, here's a link:

https://www.law.berkeley.edu/institutes/bclt/drm/papers/liu-encryption-btlj2003.pdf .

> (Note that the posted draft is different
> from the empirical project Mark mentioned.)
> As always, comments are greatly appreciated.
> Joe.


The DMCA and the Regulation of
Scientific ResearchÝ

By Joseph P. Liu, BC Law School

Abstract:  This Essay is an analysis of the Digital
Millennium Copyright Act's impact on academic encryption
research. Recently, there has been some debate over the
extent to which academic encryption researchers should
reasonably fear liability under the DMCA for conducting
and publishing their research. In this Essay, I will
argue that, for both legal and practical reasons,
academic encryption researchers should be able to conduct
and publish their research without significant fear of
liability. However, the DMCA will have a non-trivial
impact on the conditions under which such research takes
place, and this impact can be expected to have several
undesirable effects. More broadly, this impact highlights
the problematic nature of the DMCA's effect of regulating
scientific research in furtherance of intellectual property
rights. The Essay ends with a number of suggested ways of
mitigating some of these negative effects.


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