EXEMPTIONS TO DMCA PROVISIONS

5) Protection of Minors (1201(h))

       - Court can consider factors if the circumvention has the sole purpose to

          prevent the access of minors to material on the internet. 

           (Note: Technology, product, service, or device must not "violate the

                      provisions of this title.")

6) Personal Privacy (1201(i))

         - Permits circumvention when the technological measure is capable of

           collecting or disseminating personal information about the person.  (i.e.

          online activities)

7) Security Testing (1201(j))

         - Permits circumvention of access control measures for the purposes of

           testing the security of a computer, network, etc.  with the authorization of

           the owner or operator.

 

FACTORS TO DETERMINE EXEMPTION

i)    info was used solely to promote the security of the network owner

ii)   whether info derived from the testing was used so as to not facilitate

      infringement, including a violation or privacy breach of security.

 

<<    >>