The Federal Trade Commission (FTC) is encouraging public input on anti-competitive regulations, highlighting concerns about Section 1201 of the Digital Millennium Copyright Act (DMCA). This provision prohibits circumvention of technological protection measures, thereby limiting fair use for commentary, research, and innovation. The triennial exemption process designed to relieve these limitations has become a bureaucratic nightmare, impeding access to fair use rights. The FTC is urged to recommend reforms or repeal of Section 1201 amid its upcoming investigation, particularly before the next rulemaking in 2026 to truly serve the public interest.
"Under the current rulemaking framework, however, this intended safety valve functions more like a chokepoint. Individuals and organizations seeking an exemption to engage in lawful fair use must navigate a burdensome, time-consuming administrative maze."
"The existing procedural and regulatory barriers ensure that the rulemaking process—and Section 1201 itself—thwarts, rather than serves, the public interest."
Collection
[
|
...
]