NMR policy resources

2015 DMCA Anti-Circumvention Rulemaking: Significant Victories, but a Broken Process

Every three years the Copyright Office meets to reconsider exemptions to the DMCA Anti-Circumvention provisions. These exemptions are critical to ensuring creators and consumers’ ability to bypass technological protection measures on copyrighted works, allowing them to make fair use of works in a variety of circumstances.  As we did in 2012New Media Rights submitted extensive comments and testimony, working on behalf of creators and consumers to maintain and expand on the exemptions currently in place.

On October 27, the Copyright Office revealed the results of their 2015 Anti-Circumvention Rulemaking. Many of our recommendations were adopted, and we were cited repeatedly in the rulemaking.

This is usually the part where we say we’re proud to have been a part of making sure these vital exemptions were granted and expanded.  We are proud of our contributions and we’ll highlight those below, but we also need to take amount to keep it real.  The DMCA Anti-circumvention rulemaking is broken.

New California privacy laws require search warrants for digital information, Smart TV disclosures, and drone restrictions

New Media Rights Executive Director Art Neill recently sat down with San Diego's KPBS to discuss new privacy laws signed by Governor Jerry Brown in California.  The video interview is below, and here's a link to the longer form radio interview.  

Testify! Why anti-circumvention exemptions are important for ALL filmmakers

Filmmakers who want to reuse the culture around them for commentary and criticism need to understand fair use, but that's not the only legal issue they have to worry about. Even if their use is a fair use, the DMCA Anti-Circumvention provisions make it illegal just to bypass any encryption (also known as Digital Rights Management (DRM) or Technological Protection Measures (TPM)) that restricts access to that content. This is exactly as ridiculous as it sounds.  Simply accessing content to make a fair use can still be illegal under federal law, even when there is no copyright infringement!

Every 3 years, the Copyright Office considers exemptions to these anti-circumvention provisions.  The process is highly problematic, but right now its the only way to provide any relief from this overreaching law that's been on the books since 1998. This year we submitted comments on three important exemptions (regarding installing software of your choice on your devices, as well as your right to reuse video content under fair use).

On Wednesday May 20, we testified regarding Class 6, which is all about allowing filmmakers to bypass encryption on DVDs, Blu Ray discs, and online sources, to make use of content under fair use.   We want to thank California Western law students Emory Roane and Patrick McManus for their great work helping prepare comments and testimony in this proceeding.

PRESS RELEASE: President Obama urges the FCC to adopt real net neutrality

New Media Rights is pleased to announce that this morning President Barack Obama urged the Federal Communications Commission (FCC) to reclassify the Internet under Title II. In plain language, the President came out in support of real net neutrality, the principle that says Internet service providers (ISPs) should treat all internet traffic equally. New Media Rights has been advocating for reclassification in our recent Open Internet comments  to the FCC (and our reply comments) as well as in our letter to the President and his Office of Science and Technology Policy. We thank the President for his support of Title II reclassification and encourage the FCC to adopt the President's position. Here's the President's statement.

FCC Consumer Advisory Committee ends year with consumer privacy and disabled access recommendations

The Federal Communication Commission's Consumer Advisory Committee held its final meeting of the year October 20.  New Media Rights is a member of the Consumer Advisory Committee, and we are part of the Consumer Empowerment, IP Transition, and Broadband (as co-chair) Working Groups.

In our final meeting, the group passed two important recommendations,

1) Recommendation Regarding Mobile Device Security

The Recommendation Regarding Mobile Device Security provides the FCC with guidance on how it can provide leadership to ensure consumers have the information they need to make meaningful choices about their privacy, to encourage innovation in mobile device security, and to make sure companies adhere to best practices in protecting consumer's privacy, safety, and security when they are online using a mobile device.

2) Recommendation Regarding Access for Eligible Individuals with Disabilities to Lifeline Service

This recommendation encourages the FCC to take direct steps to make sure that the expansion of Lifeline to mobile devices includes accessible devices for the disabled.

Read more about these recommendations and New Media Rights work at the FCC Consumer Advisory Committee


New Media Rights joins Sunlight Foundation in calling for openness of state legislature data

This week is Global Legislative Openness Week (GLOW), and New Media Rights has joined the Sunlight Foundation and many other public interest groups in calling on state legislatures in the United States to improve the availability and accessibility of state legislative data.

Here's the full text of the letter.  You can learn more about the letter and GLOW on the Sunlight Foundation's website.


Policy update: New Media Rights files amicus brief in Capitol Records vs Vimeo & participates in Los Angeles copyright roundtable

This week has been a busy week for copyright reform and New Media Rights has been in the thick of it to make sure that the voices of independent creators, entrepreneurs and internet users are represented.

Tuesday, Staff Attorney Teri Karobonik participated in the Los Angeles round of the USPTO/NTIA’s ongoing series of roundtables about copyright reform. Teri participated in both the statutory damages roundtable and the panel regarding laws around remixes.  A recording of the roundtable can be found here. In addition to following our work in these proceedings, you can also keep up to date on the USPTO's website.

It's your turn to tell the FCC how to protect and promote the Open Internet

On Thursday, May 15, the Federal Communications Commission (FCC) launched a 4 month rulemaking asking for "public comment on how best to protect and promote an open Internet." For months, regulators, consumer advocates, and service providers have wrestled over what the next steps should be after a court decision that threw out the FCC's previous open internet rules, adopted in 2010.

Now its your turn to share your ideas with the FCC. How we can promote and protect the Internet as a vital resource for years to come?

New Media Rights helps shape FCC Consumer Advisory Committee recommendation on openness and transparency of consumer complaint data

Today the FCC’s Consumer Advisory Committee approved an important recommendation to improve the FCC’s consumer complaint data reporting. New Media Rights Executive Director Art Neill, and Legal Intern Marko Radisavljevic were directly involved in the research, drafting, and proposal of this recommendation.

New Media Rights’ Executive Director Art Neill is a member of the CAC, and co-chair of the Broadband Working Group. New Media Rights conducted extensive background work on the FCC’s current data reporting practices, the regulations that govern the FCC’s data reporting, and reporting practices at other agencies.

Based on this research and conversations with the Consumer Financial Protection Bureau on their widely recognized approach to complaint reporting, New Media Rights’ staff and interns helped draft a recommendation encouraging the FCC to improve the accessibility and transparency of consumer complaint data.


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