Page:United States Statutes at Large Volume 112 Part 5.djvu/109

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PUBLIC LAW 105-304—OCT. 28, 1998 112 STAT. 2867 readily available to the person engaging 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 subsections (a)(2) and (b), a person may develop and employ technological means to circumvent a technological measure, or to circumvent protection afforded by a technological measure, in order to enable the identification and analysis under paragraph (1), or for the purpose of enabling interoperability of an independently created computer program with other programs, if such means are necessary to achieve such interoperability, 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 purpose of enabling interoperability of an independently created computer program with other programs, and to the extent that doing so does not constitute infringement under this title or violate applicable law other than this section. "(4) For purposes of this subsection, the term 'interoperability* means the ability of computer 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 subsection— "(A) the term 'encryption research' means activities necessary to identify and analyze flaws and vulnerabilities of encryption technologies 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 development 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 RESEARCH.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 published 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 circumvention; and "(D) such act does not constitute infringement under this title or a violation of applicable 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