(4) Nothing in this section shall enlarge or
diminish any rights of free speech or the
press for activities using consumer elec-
tronics, telecommunications, or computing
products.
(d) EXEMPTION FOR NONPROFIT LIBRARIES,
ARCHIVES, AND EDUCATIONAL INSTITUTIONS.—(1)
A nonprofit library, archives, or educational
institution which gains access to a commer-
cially exploited copyrighted work solely in
order to make a good faith determination of
whether to acquire a copy of that work for the
sole purpose of engaging in conduct per-
mitted under title 17, United States Code,
shall not be in violation of the regulations
issued under subsection (a)(1)(A). A copy of a
work to which access has been gained under
this paragraph—
(A) may not be retained longer than
necessary to make such good faith deter-
mination; and
(B) may not be used for any other
purpose.
(2) The exemption made available under
paragraph (1) shall only apply with respect to
a work when an identical copy of that work
is not reasonably available in another form.
(3) A nonprofit library, archives, or edu-
cational institution that willfully for the pur-
pose of commercial advantage or financial
gain violates paragraph (1)—
(A) shall, for the first offense, be sub-
ject to the civil remedies under section
104; and
(B) shall, for repeated or subsequent
offenses, in addition to the civil remedies
under section 104, forfeit the exemption
provided under paragraph (1).
(4) This subsection may not be used as a
defense to a claim under subsection (a)(2) or
(b), nor may this subsection permit a non-
profit library, archives, or educational insti-
tution to manufacture, import, offer to the
public, provide, or otherwise traffic in any
technology, product, service, component, or
part thereof, which circumvents a techno-
logical protection measure.
(5) In order for a library or archives to
qualify for the exemption under this sub-
section, the collections of that library or ar-
chives shall be—
(A) open to the public; or
(B) available not only to researchers
affiliated with the library or archives or
with the institution of which it is a part,
but also to other persons doing research
in a specialized field.
(e) LAW ENFORCEMENT AND INTELLIGENCE
ACTIVITIES.—This section does not prohibit
any lawfully authorized investigative, protec-
tive, or intelligence activity of an officer,
agent, or employee of the United States, a
State, or a political subdivision of a State, or
a person acting pursuant to a contract with
the United States, a State, or a political sub-
division of a State.
(f) REVERSE
ENGINEERING.—(1) Notwith-
standing the regulations issued under sub-
section (a)(1)(A), a person who has lawfully
obtained the right to use a copy of a computer
program may circumvent a technological pro-
tection measure that effectively controls ac-
cess to a particular portion of that program
for the sole purpose of identifying and analyz-
ing those elements of the program that are
necessary to achieve interoperability of an
independently created computer program
with other programs, and that have not pre-
viously been readily available to the person
engaging in the circumvention, to the extent
any such acts of identification and analysis do
not constitute infringement under title 17,
United States Code.
(2) Notwithstanding the provisions of sub-
sections (a)(2) and (b), a person may develop
and employ technological means to cir-
cumvent a technological protection measure,
or to circumvent protection afforded by a
technological protection measure, in order to
make the identification and analysis per-
mitted under paragraph (1), or for the limited
purpose of achieving interoperability of an
independently created computer program
with other programs, if such means are nec-
essary to achieve such interoperability, to the
extent that doing so does not constitute in-
fringement under title 17, United States Code.
(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 re-
ferred to in paragraph (1) or (2), as the case
may be, provides such information or means
solely for the purpose of achieving interoper-
ability of an independently created computer
program with other programs, and to the ex-
tent that doing so does not constitute in-
fringement under title 17, United States Code,
or violate other applicable law.
(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 in-
formation which has been exchanged.
(g) ENCRYPTION RESEARCH.—
(1) DEFINITIONS.—For purposes of this
subsection—
(A) 
the 
term 
‘‘encryption 
re-
search’’ means activities necessary to
identify 
and 
analyze 
flaws 
and
vulnerabilities of encryption tech-
nologies 
applied 
to 
copyrighted
works, if these activities are con-
ducted to advance the state of knowl-
edge in the field of encryption tech-
nology or to assist in the development
of encryption products; and
(B) the term ‘‘encryption tech-
nology’’ means the scrambling and
descrambling of information using
mathematical formulas or algorithms.
(2) PERMISSIBLE
ACTS
OF
ENCRYPTION
RESEARCH.—Notwithstanding the provi-
sions of subsection (a)(1)(A), it is not a
violation of the regulations issued under
that subsection for a person to cir-
cumvent a technological protection meas-
ure 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 pub-
lished work;
(B) such act is necessary to con-
duct 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 title 17, United
States Code, or a violation of applica-
ble law other than this section, in-
cluding 
section 
1030 
of 
title 
18,
United States Code, and those provi-
sions of title 18, United States Code,
amended by the Computer Fraud and
Abuse Act of 1986.
(3) FACTORS
IN
DETERMINING
EXEMP-
TION.—In determining whether a person
qualifies for the exemption under para-
graph (2), the factors to be considered
shall include—
(A) whether the information de-
rived from the encryption research
was disseminated, and if so, whether
it was disseminated in a manner rea-
sonably calculated to advance the
state of knowledge or development of
encryption technology, versus wheth-
er it was disseminated in a manner
that facilitates infringement under
title 17, United States Code, or a vio-
lation 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 em-
ployed, 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 protection
measure is applied with notice of the
findings and documentation of the re-
search, and the time when such no-
tice is provided.
(4) USE OF TECHNOLOGICAL MEANS FOR
RESEARCH
ACTIVITIES.—Notwithstanding
the provisions of subsection (a)(2), it is
not a violation of that subsection for a
person to—
(A) develop and employ techno-
logical means to circumvent a techno-
logical protection measure for the
sole purpose of performing the acts of
good faith encryption research de-
scribed 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).
(5) REPORT
TO
CONGRESS.—Not later
than 1 year after the date of the enact-
ment of this Act, the Assistant Secretary
of Commerce for Communications and In-
formation shall report to the Congress on
the effect this subsection has had on—
(A) encryption research and the
development 
of 
encryption 
tech-
nology;
(B) the adequacy and effective-
ness of technological protection for
copyrighted works; and
(C) protection of copyright own-
ers against the unauthorized access
to their encrypted copyrighted works.
The Assistant Secretary shall include in
such report recommendations, if any, on
proposed amendments to this Act.
(h) COMPONENTS OR PARTS TO PREVENT AC-
CESS OF MINORS TO THE INTERNET.—In applying
subsection (a) and the regulations issued
under subsection (a)(1)(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 provi-
sions of title 17, United States Code; and
(2) has the sole purpose to prevent
the access of minors to material on the
Internet.
(i) PROTECTION OF PERSONALLY IDENTIFY-
ING INFORMATION.—
(1) CIRCUMVENTION
PERMITTED.—Not-
withstanding the provisions of subsection
(a)(1)(A), it is not a violation of the regu-
lations issued under that subsection for a
(G) Identifying numbers or sym-
bols referring to such information or
links to such information.
(H) Such other information as the
Register of Copyrights may prescribe
by regulation, except that the Reg-
ister of Copyrights may not require
the provision of any information con-
cerning the user of a copyrighted
work.
(d) LAW ENFORCEMENT AND INTELLIGENCE
ACTIVITIES.—This section does not prohibit
any lawfully authorized investigative, protec-
tive, or intelligence activity of an officer,
agent, or employee of the United States, a
State, or a political subdivision of a State, or
a person acting pursuant to a contract with
the United States, a State, or a political sub-
division of a State.
(e) LIMITATIONS ON LIABILITY.—
(1) ANALOG
TRANSMISSIONS.—In the
case of an analog transmission, a person
who is making transmissions in its capac-
ity as a broadcast station, or as a cable
system (as defined in section 602 of the