Page:United States Statutes at Large Volume 112 Part 5.djvu/110

 112 STAT. 2868 PUBLIC LAW 105-304—OCT. 28, 1998 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 facilitates infringement under this title or a violation of applicable law other than this section, including a violation of privacy or breach of security; "(B) whether the person is engaged in a legitimate course of study, is employed, or is appropriately trained or experienced, in the field of encryption technology; and "(C) whether the person provides the copyright owner of the work to which the technological 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 RESEARCH ACTIVI- TIES.— Notwithstanding the provisions of subsection (a)(2), it is not a violation of that subsection for a person to— "(A) develop and employ technological means to circumvent a technological measure for the sole purpose of that person performing the acts of good faith encryption research described in paragraph (2); and "(B) provide the technological means to another person with whom he or she is working collaboratively for the purpose of conducting the acts of good faith encryption research described in paragraph (2) or for the purpose of having that other person verify his or her acts of good faith encryption research described in paragraph (2). Deadline. "(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 effect this subsection has had on— "(A) encr3^tion research and the development of encryption technology; "(B) the adequacy and effectiveness of technological measures designed to protect copyrighted works; and "(C) protection of cop3ndght owners against the unauthorized access to their encrypted copyrighted works. The report shall include legislative recommendations, if any. "(h) EXCEPTIONS REGARDING MINORS.— In applying subsection (a) to a component or part, the court may consider the necessity for its intended and actual incorporation in a technology, 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 INFORMATION.— (1) CIRCUMVENTION PERMITTED. —Notwithstanding 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 protected under this title, if— "(A) the technological measure, or the work it protects, contains the capability of collecting or disseminating personally identifying information reflecting the online activities of a natural person who seeks to gain access to the work protected;

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