A CRITIQUE OF THE DIGITAL MILLENIUM COPYRIGHT ACT’S EXEMPTION ON ENCRYPTION RESEARCH: IS THE EXEMPTION TOO NARROW

Section 1201(g) of the Digital Millennium Copyright Act (DMCA) is offered as an exemption for encryption research.1 However, the drafting of the exemption contradicts the purpose of copyright legislation under the terms of the Constitution, which is based upon the idea that the welfare of the public will be served and “to promote the progress of science and useful arts…”2