17 U.S.C. § 1201 — Circumvention of copyright protection

Page 217 TITLE 17—COPYRIGHTS § 1201 1 See References in Text note below. Subsec. (g). Pub. L. 103–198, § 6(b)(5)(D), substituted ‘‘Librarian of Congress’’ for ‘‘Copyright Royalty Tri- bunal’’ after ‘‘Any decision of the’’, ‘‘decision of the Li- brarian of Congress’’ for ‘‘Tribunal’s decision’’ in sec- ond sentence, and ‘‘Librarian of Congress’’ for ‘‘Tri- bunal’’ wherever appearing in third through fifth sen- tences. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–419 effective 6 months after Nov. 30, 2004, subject to transition provisions, see section 6 of Pub. L. 108–419, set out as an Effective Date; Transition Provisions note under section 801 of this title. CHAPTER 11—SOUND RECORDINGS AND MUSIC VIDEOS Sec. 1101. Unauthorized fixation and trafficking in sound recordings and music videos. § 1101. Unauthorized fixation and trafficking in sound recordings and music videos (a) UNAUTHORIZED ACTS.—Anyone who, with- out the consent of the performer or performers involved— (1) fixes the sounds or sounds and images of a live musical performance in a copy or phono- record, or reproduces copies or phonorecords of such a performance from an unauthorized fixation, (2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance, or (3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fix- ations occurred in the United States, shall be subject to the remedies provided in sec- tions 502 through 505, to the same extent as an infringer of copyright. (b) DEFINITION.—In this section, the term ‘‘traffic’’ has the same meaning as in section 2320(e) 1 of title 18. (c) APPLICABILITY.—This section shall apply to any act or acts that occur on or after the date of the enactment of the Uruguay Round Agree- ments Act. (d) STATE LAW NOT PREEMPTED.—Nothing in this section may be construed to annul or limit any rights or remedies under the common law or statutes of any State. (Added Pub. L. 103–465, title V, § 512(a), Dec. 8, 1994, 108 Stat. 4974; amended Pub. L. 109–181, § 2(c)(3), Mar. 16, 2006, 120 Stat. 288.) Editorial Notes REFERENCES IN TEXT Section 2320 of title 18, referred to in subsec. (b), was amended generally by Pub. L. 112–81, div. A, title VIII, § 818(h), Dec. 31, 2011, 125 Stat. 1497, and, as so amended, provisions similar to those formerly appearing in sub- sec. (e) are now contained in subsec. (f). The date of the enactment of the Uruguay Round Agreements Act, referred to in subsec. (c), is the date of enactment of Pub. L. 103–465, which was approved Dec. 8, 1994. AMENDMENTS 2006—Subsec. (b). Pub. L. 109–181 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘As used in this section, the term ‘traf- fic in’ means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent to transport, transfer, or dispose of.’’ CHAPTER 12—COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS Sec. 1201. Circumvention of copyright protection sys- tems. 1202. Integrity of copyright management informa- tion. 1203. Civil remedies. 1204. Criminal offenses and penalties. 1205. Savings clause. § 1201. Circumvention of copyright protection systems (a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL MEASURES.—(1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter. (B) The prohibition contained in subparagraph (A) shall not apply to persons who are users of a copyrighted work which is in a particular class of works, if such persons are, or are likely to be in the succeeding 3-year period, adversely affected by virtue of such prohibition in their ability to make noninfringing uses of that par- ticular class of works under this title, as deter- mined under subparagraph (C). (C) During the 2-year period described in sub- paragraph (A), and during each succeeding 3- year period, the Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the De- partment of Commerce and report and comment on his or her views in making such recommenda- tion, shall make the determination in a rule- making proceeding for purposes of subparagraph (B) of whether persons who are users of a copy- righted work are, or are likely to be in the suc- ceeding 3-year period, adversely affected by the prohibition under subparagraph (A) in their abil- ity to make noninfringing uses under this title of a particular class of copyrighted works. In conducting such rulemaking, the Librarian shall examine— (i) the availability for use of copyrighted works; (ii) the availability for use of works for non- profit archival, preservation, and educational purposes; (iii) the impact that the prohibition on the circumvention of technological measures ap- plied to copyrighted works has on criticism, comment, news reporting, teaching, scholar- ship, or research; (iv) the effect of circumvention of techno- logical measures on the market for or value of copyrighted works; and (v) such other factors as the Librarian con- siders appropriate. Page 218 TITLE 17—COPYRIGHTS § 1201 (D) The Librarian shall publish any class of copyrighted works for which the Librarian has determined, pursuant to the rulemaking con- ducted under subparagraph (C), that non- infringing uses by persons who are users of a copyrighted work are, or are likely to be, ad- versely affected, and the prohibition contained in subparagraph (A) shall not apply to such users with respect to such class of works for the ensuing 3-year period. (E) Neither the exception under subparagraph (B) from the applicability of the prohibition contained in subparagraph (A), nor any deter- mination made in a rulemaking conducted under subparagraph (C), may be used as a defense in any action to enforce any provision of this title other than this paragraph. (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, compo- nent, or part thereof, that— (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title; (B) has only limited commercially signifi- cant purpose or use other than to circumvent a technological measure that effectively con- trols access to a work protected under this title; or (C) is marketed by that person or another acting in concert with that person with that person’s knowledge for use in circumventing a technological measure that effectively con- trols access to a work protected under this title. (3) As used in this subsection— (A) to ‘‘circumvent a technological meas- ure’’ means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and (B) a technological measure ‘‘effectively controls access to a work’’ if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copy- right owner, to gain access to the work. (b) ADDITIONAL VIOLATIONS.—(1) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that— (A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof; (B) has only limited commercially signifi- cant purpose or use other than to circumvent protection afforded by a technological meas- ure that effectively protects a right of a copy- right owner under this title in a work or a por- tion thereof; or (C) is marketed by that person or another acting in concert with that person with that person’s knowledge for use in circumventing protection afforded by a technological meas- ure that effectively protects a right of a copy- right owner under this title in a work or a por- tion thereof. (2) As used in this subsection— (A) to ‘‘circumvent protection afforded by a technological measure’’ means avoiding, by- passing, removing, deactivating, or otherwise impairing a technological measure; and (B) a technological measure ‘‘effectively pro- tects a right of a copyright owner under this title’’ if the measure, in the ordinary course of its operation, prevents, restricts, or otherwise limits the exercise of a right of a copyright owner under this title. (c) OTHER RIGHTS, ETC., NOT AFFECTED.—(1) Nothing in this section shall affect rights, rem- edies, limitations, or defenses to copyright in- fringement, including fair use, under this title. (2) Nothing in this section shall enlarge or di- minish vicarious or contributory liability for copyright infringement in connection with any technology, product, service, device, component, or part thereof. (3) Nothing in this section shall require that the design of, or design and selection of parts and components for, a consumer electronics, telecommunications, or computing product pro- vide for a response to any particular techno- logical measure, so long as such part or compo- nent, or the product in which such part or com- ponent is integrated, does not otherwise fall within the prohibitions of subsection (a)(2) or (b)(1). (4) Nothing in this section shall enlarge or di- minish any rights of free speech or the press for activities using consumer electronics, tele- communications, or computing products. (d) EXEMPTION FOR NONPROFIT LIBRARIES, AR- CHIVES, AND EDUCATIONAL INSTITUTIONS.—(1) A nonprofit library, archives, or educational insti- tution which gains access to a commercially ex- ploited copyrighted work solely in order to make a good faith determination of whether to acquire a copy of that work for the sole purpose of engaging in conduct permitted under this title shall not be in violation of subsection (a)(1)(A). A copy of a work to which access has been gained under this paragraph— (A) may not be retained longer than nec- essary to make such good faith determination; and (B) may not be used for any other purpose. (2) The exemption made available under para- graph (1) shall only apply with respect to a work when an identical copy of that work is not rea- sonably available in another form. (3) A nonprofit library, archives, or edu- cational institution that willfully for the pur- pose of commercial advantage or financial gain violates paragraph (1)— (A) shall, for the first offense, be subject to the civil remedies under section 1203; and (B) shall, for repeated or subsequent of- fenses, in addition to the civil remedies under section 1203, forfeit the exemption provided under paragraph (1). (4) This subsection may not be used as a de- fense to a claim under subsection (a)(2) or (b), nor may this subsection permit a nonprofit li- brary, archives, or educational institution to Page 219 TITLE 17—COPYRIGHTS § 1201 manufacture, import, offer to the public, pro- vide, or otherwise traffic in any technology, product, service, component, or part thereof, which circumvents a technological measure. (5) In order for a library or archives to qualify for the exemption under this subsection, the col- lections of that library or archives shall be— (A) open to the public; or (B) available not only to researchers affili- ated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field. (e) LAW ENFORCEMENT, INTELLIGENCE, AND OTHER GOVERNMENT ACTIVITIES.—This section does not prohibit any lawfully authorized inves- tigative, protective, information security, or in- telligence activity of an officer, agent, or em- ployee of the United States, a State, or a polit- ical subdivision of a State, or a person acting pursuant to a contract with the United States, a State, or a political subdivision of a State. For purposes of this subsection, the term ‘‘informa- tion security’’ means activities carried out in order to identify and address the vulnerabilities of a government computer, computer system, or computer network. (f) REVERSE ENGINEERING.—(1) Notwith- standing the provisions of subsection (a)(1)(A), a person who has lawfully obtained the right to use a copy of a computer program may cir- cumvent a technological measure that effec- tively controls access to a particular portion of that program for the sole purpose of identifying and analyzing those elements of the program that are necessary to achieve interoperability of an independently created computer program with other programs, and that have not pre- viously been readily available to the person en- gaging in the circumvention, to the extent any such acts of identification and analysis do not constitute infringement under this title. (2) Notwithstanding the provisions of sub- sections (a)(2) and (b), a person may develop and employ technological means to circumvent a technological measure, or to circumvent protec- tion afforded by a technological measure, in order to enable the identification and analysis under paragraph (1), or for the purpose of ena- bling interoperability of an independently cre- ated computer program with other programs, if such means are necessary to achieve such inter- operability, to the extent that doing so does not constitute infringement under this title. (3) The information acquired through the acts permitted under paragraph (1), and the means permitted under paragraph (2), may be made available to others if the person referred to in paragraph (1) or (2), as the case may be, provides such information or means solely for the pur- pose of enabling interoperability of an independ- ently created computer program with other pro- grams, and to the extent that doing so does not constitute infringement under this title or vio- late applicable law other than this section. (4) For purposes of this subsection, the term ‘‘interoperability’’ means the ability of com- puter programs to exchange information, and of such programs mutually to use the information which has been exchanged. (g) ENCRYPTION RESEARCH.— (1) DEFINITIONS.—For purposes of this sub- section— (A) the term ‘‘encryption research’’ means activities necessary to identify and analyze flaws and vulnerabilities of encryption tech- nologies applied to copyrighted works, if these activities are conducted to advance the state of knowledge in the field of encryption technology or to assist in the de- velopment of encryption products; and (B) the term ‘‘encryption technology’’ means the scrambling and descrambling of information using mathematical formulas or algorithms. (2) PERMISSIBLE ACTS OF ENCRYPTION RE- SEARCH.—Notwithstanding the provisions of subsection (a)(1)(A), it is not a violation of that subsection for a person to circumvent a technological measure as applied to a copy, phonorecord, performance, or display of a pub- lished work in the course of an act of good faith encryption research if— (A) the person lawfully obtained the encrypted copy, phonorecord, performance, or display of the published work; (B) such act is necessary to conduct such encryption research; (C) the person made a good faith effort to obtain authorization before the circumven- tion; and (D) such act does not constitute infringe- ment under this title or a violation of appli- cable law other than this section, including section 1030 of title 18 and those provisions of title 18 amended by the Computer Fraud and Abuse Act of 1986. (3) FACTORS IN DETERMINING EXEMPTION.—In determining whether a person qualifies for the exemption under paragraph (2), the factors to be considered shall include— (A) whether the information derived from the encryption research was disseminated, and if so, whether it was disseminated in a manner reasonably calculated to advance the state of knowledge or development of encryption technology, versus whether it was disseminated in a manner that facili- tates infringement under this title or a vio- lation of applicable law other than this sec- tion, including a violation of privacy or breach of security; (B) whether the person is engaged in a le- gitimate course of study, is employed, or is appropriately trained or experienced, in the field of encryption technology; and (C) whether the person provides the copy- right owner of the work to which the techno- logical measure is applied with notice of the findings and documentation of the research, and the time when such notice is provided. (4) USE OF TECHNOLOGICAL MEANS FOR RE- SEARCH ACTIVITIES.—Notwithstanding the pro- visions of subsection (a)(2), it is not a viola- tion of that subsection for a person to— (A) develop and employ technological means to circumvent a technological meas- ure for the sole purpose of that person per- forming the acts of good faith encryption re- search described in paragraph (2); and (B) provide the technological means to an- other person with whom he or she is working Page 220 TITLE 17—COPYRIGHTS § 1201 1 So in original. Probably should be subsection ‘‘(a)(2),’’. 2 So in original. Probably should be ‘‘subsection’’. collaboratively for the purpose of con- ducting the acts of good faith encryption re- search described in paragraph (2) or for the purpose of having that other person verify his or her acts of good faith encryption re- search described in paragraph (2). (5) REPORT TO CONGRESS.—Not later than 1 year after the date of the enactment of this chapter, the Register of Copyrights and the Assistant Secretary for Communications and Information of the Department of Commerce shall jointly report to the Congress on the ef- fect this subsection has had on— (A) encryption research and the develop- ment of encryption technology; (B) the adequacy and effectiveness of tech- nological measures designed to protect copy- righted works; and (C) protection of copyright owners against the unauthorized access to their encrypted copyrighted works. The report shall include legislative rec- ommendations, if any. (h) EXCEPTIONS REGARDING MINORS.—In apply- ing subsection (a) to a component or part, the court may consider the necessity for its in- tended and actual incorporation in a tech- nology, product, service, or device, which— (1) does not itself violate the provisions of this title; and (2) has the sole purpose to prevent the access of minors to material on the Internet. (i) PROTECTION OF PERSONALLY IDENTIFYING IN- FORMATION.— (1) CIRCUMVENTION PERMITTED.—Notwith- standing the provisions of subsection (a)(1)(A), it is not a violation of that subsection for a person to circumvent a technological measure that effectively controls access to a work pro- tected under this title, if— (A) the technological measure, or the work it protects, contains the capability of col- lecting or disseminating personally identi- fying information reflecting the online ac- tivities of a natural person who seeks to gain access to the work protected; (B) in the normal course of its operation, the technological measure, or the work it protects, collects or disseminates personally identifying information about the person who seeks to gain access to the work pro- tected, without providing conspicuous notice of such collection or dissemination to such person, and without providing such person with the capability to prevent or restrict such collection or dissemination; (C) the act of circumvention has the sole effect of identifying and disabling the capa- bility described in subparagraph (A), and has no other effect on the ability of any person to gain access to any work; and (D) the act of circumvention is carried out solely for the purpose of preventing the col- lection or dissemination of personally iden- tifying information about a natural person who seeks to gain access to the work pro- tected, and is not in violation of any other law. (2) INAPPLICABILITY TO CERTAIN TECHNO- LOGICAL MEASURES.—This subsection does not apply to a technological measure, or a work it protects, that does not collect or disseminate personally identifying information and that is disclosed to a user as not having or using such capability. (j) SECURITY TESTING.— (1) DEFINITION.—For purposes of this sub- section, the term ‘‘security testing’’ means ac- cessing a computer, computer system, or com- puter network, solely for the purpose of good faith testing, investigating, or correcting, a security flaw or vulnerability, with the au- thorization of the owner or operator of such computer, computer system, or computer net- work. (2) PERMISSIBLE ACTS OF SECURITY TESTING.— Notwithstanding the provisions of subsection (a)(1)(A), it is not a violation of that sub- section for a person to engage in an act of se- curity testing, if such act does not constitute infringement under this title or a violation of applicable law other than this section, includ- ing section 1030 of title 18 and those provisions of title 18 amended by the Computer Fraud and Abuse Act of 1986. (3) FACTORS IN DETERMINING EXEMPTION.—In determining whether a person qualifies for the exemption under paragraph (2), the factors to be considered shall include— (A) whether the information derived from the security testing was used solely to pro- mote the security of the owner or operator of such computer, computer system or com- puter network, or shared directly with the developer of such computer, computer sys- tem, or computer network; and (B) whether the information derived from the security testing was used or maintained in a manner that does not facilitate in- fringement under this title or a violation of applicable law other than this section, in- cluding a violation of privacy or breach of security. (4) USE OF TECHNOLOGICAL MEANS FOR SECU- RITY TESTING.—Notwithstanding the provisions of subsection (a)(2), it is not a violation of that subsection for a person to develop, produce, distribute or employ technological means for the sole purpose of performing the acts of security testing described in subsection (2),1 provided such technological means does not otherwise violate section 2 (a)(2). (k) CERTAIN ANALOG DEVICES AND CERTAIN TECHNOLOGICAL MEASURES.— (1) CERTAIN ANALOG DEVICES.— (A) Effective 18 months after the date of the enactment of this chapter, no person shall manufacture, import, offer to the pub- lic, provide or otherwise traffic in any— (i) VHS format analog video cassette re- corder unless such recorder conforms to the automatic gain control copy control technology; (ii) 8mm format analog video cassette camcorder unless such camcorder con- forms to the automatic gain control tech- nology; Page 221 TITLE 17—COPYRIGHTS § 1201 (iii) Beta format analog video cassette recorder, unless such recorder conforms to the automatic gain control copy control technology, except that this requirement shall not apply until there are 1,000 Beta format analog video cassette recorders sold in the United States in any one cal- endar year after the date of the enactment of this chapter; (iv) 8mm format analog video cassette recorder that is not an analog video cas- sette camcorder, unless such recorder con- forms to the automatic gain control copy control technology, except that this re- quirement shall not apply until there are 20,000 such recorders sold in the United States in any one calendar year after the date of the enactment of this chapter; or (v) analog video cassette recorder that records using an NTSC format video input and that is not otherwise covered under clauses (i) through (iv), unless such device conforms to the automatic gain control copy control technology. (B) Effective on the date of the enactment of this chapter, no person shall manufacture, import, offer to the public, provide or other- wise traffic in— (i) any VHS format analog video cassette recorder or any 8mm format analog video cassette recorder if the design of the model of such recorder has been modified after such date of enactment so that a model of recorder that previously conformed to the automatic gain control copy control tech- nology no longer conforms to such tech- nology; or (ii) any VHS format analog video cas- sette recorder, or any 8mm format analog video cassette recorder that is not an 8mm analog video cassette camcorder, if the de- sign of the model of such recorder has been modified after such date of enactment so that a model of recorder that previously conformed to the four-line colorstripe copy control technology no longer conforms to such technology. Manufacturers that have not previously manufactured or sold a VHS format analog video cassette recorder, or an 8mm format analog cassette recorder, shall be required to conform to the four-line colorstripe copy control technology in the initial model of any such recorder manufactured after the date of the enactment of this chapter, and thereafter to continue conforming to the four-line colorstripe copy control tech- nology. For purposes of this subparagraph, an analog video cassette recorder ‘‘conforms to’’ the four-line colorstripe copy control technology if it records a signal that, when played back by the playback function of that recorder in the normal viewing mode, exhibits, on a reference display device, a dis- play containing distracting visible lines through portions of the viewable picture. (2) CERTAIN ENCODING RESTRICTIONS.—No per- son shall apply the automatic gain control copy control technology or colorstripe copy control technology to prevent or limit con- sumer copying except such copying— (A) of a single transmission, or specified group of transmissions, of live events or of audiovisual works for which a member of the public has exercised choice in selecting the transmissions, including the content of the transmissions or the time of receipt of such transmissions, or both, and as to which such member is charged a separate fee for each such transmission or specified group of transmissions; (B) from a copy of a transmission of a live event or an audiovisual work if such trans- mission is provided by a channel or service where payment is made by a member of the public for such channel or service in the form of a subscription fee that entitles the member of the public to receive all of the programming contained in such channel or service; (C) from a physical medium containing one or more prerecorded audiovisual works; or (D) from a copy of a transmission de- scribed in subparagraph (A) or from a copy made from a physical medium described in subparagraph (C). In the event that a transmission meets both the conditions set forth in subparagraph (A) and those set forth in subparagraph (B), the transmission shall be treated as a trans- mission described in subparagraph (A). (3) INAPPLICABILITY.—This subsection shall not— (A) require any analog video cassette camcorder to conform to the automatic gain control copy control technology with re- spect to any video signal received through a camera lens; (B) apply to the manufacture, importation, offer for sale, provision of, or other traf- ficking in, any professional analog video cas- sette recorder; or (C) apply to the offer for sale or provision of, or other trafficking in, any previously owned analog video cassette recorder, if such recorder was legally manufactured and sold when new and not subsequently modified in violation of paragraph (1)(B). (4) DEFINITIONS.—For purposes of this sub- section: (A) An ‘‘analog video cassette recorder’’ means a device that records, or a device that includes a function that records, on electro- magnetic tape in an analog format the elec- tronic impulses produced by the video and audio portions of a television program, mo- tion picture, or other form of audiovisual work. (B) An ‘‘analog video cassette camcorder’’ means an analog video cassette recorder that contains a recording function that oper- ates through a camera lens and through a video input that may be connected with a television or other video playback device. (C) An analog video cassette recorder ‘‘conforms’’ to the automatic gain control copy control technology if it— (i) detects one or more of the elements of such technology and does not record the motion picture or transmission protected by such technology; or Page 222 TITLE 17—COPYRIGHTS § 1202 (ii) records a signal that, when played back, exhibits a meaningfully distorted or degraded display. (D) The term ‘‘professional analog video cassette recorder’’ means an analog video cassette recorder that is designed, manufac- tured, marketed, and intended for use by a person who regularly employs such a device for a lawful business or industrial use, in- cluding making, performing, displaying, dis- tributing, or transmitting copies of motion pictures on a commercial scale. (E) The terms ‘‘VHS format’’, ‘‘8mm for- mat’’, ‘‘Beta format’’, ‘‘automatic gain con- trol copy control technology’’, ‘‘colorstripe copy control technology’’, ‘‘four-line version of the colorstripe copy control technology’’, and ‘‘NTSC’’ have the meanings that are commonly understood in the consumer elec- tronics and motion picture industries as of the date of the enactment of this chapter. (5) VIOLATIONS.—Any violation of paragraph (1) of this subsection shall be treated as a vio- lation of subsection (b)(1) of this section. Any violation of paragraph (2) of this subsection shall be deemed an ‘‘act of circumvention’’ for the purposes of section 1203(c)(3)(A) of this chapter. (Added Pub. L. 105–304, title I, § 103(a), Oct. 28, 1998, 112 Stat. 2863; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5006], Nov. 29, 1999, 113 Stat. 1536, 1501A–594.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this chapter, referred to in subsecs. (a)(1)(A), (g)(5), and (k)(1), (4)(E), is the date of enactment of Pub. L. 105–304, which was approved Oct. 28, 1998. The Computer Fraud and Abuse Act of 1986, referred to in subsecs. (g)(2)(D) and (j)(2), is Pub. L. 99–474, Oct. 16, 1986, 100 Stat. 1213, which amended section 1030 of Title 18, Crimes and Criminal Procedure, and enacted provisions set out as a note under section 1001 of Title 18. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 1001 of Title 18 and Tables. AMENDMENTS 1999—Subsec. (a)(1)(C). Pub. L. 106–113 struck out ‘‘on the record’’ after ‘‘determination in a rulemaking pro- ceeding’’ in first sentence. Statutory Notes and Related Subsidiaries UNLOCKING CONSUMER CHOICE AND WIRELESS COMPETITION Pub. L. 113–144, Aug. 1, 2014, 128 Stat. 1751, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Unlocking Consumer Choice and Wireless Competition Act’. ‘‘SEC. 2. REPEAL OF EXISTING RULE AND ADDI- TIONAL RULEMAKING BY LIBRARIAN OF CON- GRESS. ‘‘(a) REPEAL AND REPLACE.—As of the date of the en- actment of this Act [Aug. 1, 2014], paragraph (3) of sec- tion 201.40(b) of title 37, Code of Federal Regulations, as amended and revised by the Librarian of Congress on October 28, 2012, pursuant to the Librarian’s authority under section 1201(a) of title 17, United States Code, shall have no force and effect, and such paragraph shall read, and shall be in effect, as such paragraph was in ef- fect on July 27, 2010. ‘‘(b) RULEMAKING.—The Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Commu- nications and Information of the Department of Com- merce and report and comment on his or her views in making such recommendation, shall determine, con- sistent with the requirements set forth under section 1201(a)(1) of title 17, United States Code, whether to ex- tend the exemption for the class of works described in section 201.40(b)(3) of title 37, Code of Federal Regula- tions, as amended by subsection (a), to include any other category of wireless devices in addition to wire- less telephone handsets. The determination shall be made in the first rulemaking under section 1201(a)(1)(C) of title 17, United States Code, that begins on or after the date of enactment of this Act. ‘‘(c) UNLOCKING AT DIRECTION OF OWNER.—Circumven- tion of a technological measure that restricts wireless telephone handsets or other wireless devices from con- necting to a wireless telecommunications network— ‘‘(1)(A) as authorized by paragraph (3) of section 201.40(b) of title 37, Code of Federal Regulations, as made effective by subsection (a); and ‘‘(B) as may be extended to other wireless devices pursuant to a determination in the rulemaking con- ducted under subsection (b); or ‘‘(2) as authorized by an exemption adopted by the Librarian of Congress pursuant to a determination made on or after the date of enactment of this Act under section 1201(a)(1)(C) of title 17, United States Code, may be initiated by the owner of any such handset or other device, by another person at the direction of the owner, or by a provider of a commercial mobile radio service or a commercial mobile data service at the di- rection of such owner or other person, solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network, when such connection is authorized by the operator of such network. ‘‘(d) RULE OF CONSTRUCTION.— ‘‘(1) IN GENERAL.—Except as expressly provided herein, nothing in this Act shall be construed to alter the scope of any party’s rights under existing law. ‘‘(2) LIBRARIAN OF CONGRESS.—Nothing in this Act alters, or shall be construed to alter, the authority of the Librarian of Congress under section 1201(a)(1) of title 17, United States Code. ‘‘(e) DEFINITIONS.—In this Act: ‘‘(1) COMMERCIAL MOBILE DATA SERVICE; COMMERCIAL MOBILE RADIO SERVICE.—The terms ‘commercial mo- bile data service’ and ‘commercial mobile radio serv- ice’ have the respective meanings given those terms in section 20.3 of title 47, Code of Federal Regula- tions, as in effect on the date of the enactment of this Act. ‘‘(2) WIRELESS TELECOMMUNICATIONS NETWORK.—The term ‘wireless telecommunications network’ means a network used to provide a commercial mobile radio service or a commercial mobile data service. ‘‘(3) WIRELESS TELEPHONE HANDSETS; WIRELESS DE- VICES.—The terms ‘wireless telephone handset’ and ‘wireless device’ mean a handset or other device that operates on a wireless telecommunications network.’’ § 1202. Integrity of copyright management infor- mation (a) FALSE COPYRIGHT MANAGEMENT INFORMA- TION.—No person shall knowingly and with the intent to induce, enable, facilitate, or conceal infringement— (1) provide copyright management informa- tion that is false, or (2) distribute or import for distribution copyright management information that is false.