Recent "Digital Copyright" Legislation: U.S. DMCA (Digital Millennium Copyright Act) The debates in the House and Senate preceding the signing into law of the DMCA by U.S. President Clinton in October 1998 indicated that the principal object of the Act is to promote the U.S. economy by establishing an efficient Internet marketplace in copyrighted works. The DMCA implements the two 1996 WIPO treaties (WIPO Performances and Phonograms Treaty and WIPO Copyright Treaty) and addresses a variety of issues that arose with the increased availability of content in digital form. The Act 1) creates a series of "safe harbor" defenses (which are subject to a variety of conditions that must be met) for certain common activities of ISPs (Internet Service Provider), 2) bars the circumvention of technological protection measures that protect copyrighted works, 3) prohibits the distribution or provision of false copyright management information with the intent to induce or conceal infringement, 4) establishes an exemption for making a copy of a computer program for purposes of maintenance or repair, and 5) contains provisions concerning the "webcasting" of sound recordings on the Internet and the making of (digital) copies of copyrighted works by nonprofit libraries and archives. A full-text version of the DMCA is available from: The Library of Congress: Thomas (Legislative Information on the Internet): http://thomas.loc.gov/cgi-bin/cpquery/z?cp105:hr796: Moreover the U.S. Copyright Office provides a memorandum, which briefly summarizes each of the five titles of the DMCA (pdf format): http://lcweb.loc.gov/copyright/legislation/dmca.pdf The DMCA has been criticized for not clarifying the range of legal principles on the liability of ISPs and creating exceptions to only some of the provisions; therefore giving copyright owners even more rights. Among the variety of comments on the DMCA are: Lutzker, Arnold P.: Primer on the Digital Millennium: What the Digital Millennium Copyright Act and the Copyright Term Extension Act Mean for the Library Community. http://www.arl.org/info/frn/copy/primer.html Lutzker & Lutzker law firm and the Association of Research Libraries: The Digital Millennium Copyright Act: Highlights of New Copyright Provision Establishing Limitation of Liability for Online Service Providers. http://www.arl.org/info/frn/copy/osp.html

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Clipper Chip The Clipper Chip is a cryptographic device proposed by the U.S. government that purportedly intended to protect private communications while at the same time permitting government agents to obtain the "keys" upon presentation of what has been vaguely characterized as "legal authorization." The "keys" are held by two government "escrow agents" and would enable the government to access the encrypted private communication. While Clipper would be used to encrypt voice transmissions, a similar chip known as Capstone would be used to encrypt data. The underlying cryptographic algorithm, known as Skipjack, was developed by the National Security Agency (NSA).

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