This is especially relevant to the list for two reasons: * It seeks to inject a First Amendment analysis into a legal challenge to the DMCA. If successful on its limited grounds (filtering software), it would set a precedent useful in broader challenges.
* The suit claims, as I note toward the end of my article, that two existing legal protections don't amount to much. First, it says that the Library of Congress' Oct. 2000 exemption for filtering software research doesn't cover publishing decryption code. Second, it says that the DMCA's reverse engineering exemption is too narrow to apply. -Declan --- http://news.com.com/2100-1023-946266.html?tag=politech ACLU lawsuit targets copyright law By Declan McCullagh July 25, 2002, 6:30 AM PT WASHINGTON--The American Civil Liberties Union plans to file a lawsuit on Thursday in an attempt to overturn key portions of a controversial 1998 copyright law. The suit asks a federal judge to rule that the Digital Millennium Copyright Act (DMCA) is so sweeping that it unconstitutionally interferes with researchers' ability to evaluate the effectiveness of Internet filtering software. By suing on behalf of a 22-year-old programmer who's researching the oft-buggy products, the civil liberties group hopes to prompt the first ruling that would curtail the DMCA's wide reach. After the DMCA was used to intimidate Princeton professor Ed Felten and his colleagues into self-censoring a presentation last year, the law became an instant magnet for criticism. But so far, every judge has upheld the DMCA's broad restrictions on the "circumvention of copyright protection systems." This case will be different, the ACLU hopes, because it features a sympathetic plaintiff, Ben Edelman, and because it involves the socially beneficial act of critiquing software that is frequently used in public schools and libraries. Edelman had testified as an expert witness in a case the ACLU brought against a federal law that compelled public libraries to install filters. [...] --------------------------------------------------------------------- The Cryptography Mailing List Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]
