EXEMPTIONS TO DMCA PROVISIONS
5) Protection of Minors (§1201(h))
- Court can consider factors if the circumvention has the sole purpose to
prevent the access of minors to material on the internet.
(Note: Technology, product, service, or device must not "violate the
provisions of this title.")
6) Personal Privacy (§1201(i))
- Permits circumvention when the technological measure is capable of
collecting or disseminating personal information about the person. (i.e.
7) Security Testing (§1201(j))
- Permits circumvention of access control measures for the purposes of
testing the security of a computer, network, etc. with the authorization of
the owner or operator.
FACTORS TO DETERMINE EXEMPTION
i) info was used solely to promote the security of the network owner
ii) whether info derived from the testing was used so as to not facilitate
infringement, including a violation or privacy breach of security.