EFF Urges DMCA Section 1201 Exemption for Vehicle Software, Citing Volkwagen Emissions Tampering
The Digital Millennium Copyright Act (DMCA) may have hindered watchdogs from finding Volkswagen’s use of software in its diesel vehicles to mask higher emissions, the Electronic Frontier Foundation said Monday in a blog post. The Environmental Protection Agency claimed Friday…
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that Volkswagen had used the software on its diesel vehicles between 2008 and this year to reduce emissions toxicity during tests, allowing the vehicles to emit toxins above legal limits. EFF is urging the Copyright Office to grant an exemption to DMCA’s Section 1201 to allow the circumvention of technological protection measures on software installed in motor vehicles to allow researchers to look at the software's code. The proposed exemption would “make it crystal clear that independent research on vehicle software doesn’t violate copyright law,” EFF said. EPA and manufacturers have opposed the proposed exemption because it could be used to violate emissions laws. “The EPA is undermining its own ability to issue nuanced regulation in this space, as well as its ability to learn about large-scale violations of the law committed by manufacturers,” EFF said. “When you entrust your health, safety, or privacy to a device, the law shouldn’t punish you for trying to understand how that device works and whether it is trustworthy. We hope the Copyright Office and the Librarian of Congress agree when they rule on our exemptions next month.”