Title I --
Security System Standards
Sec. 101:
Prohibition of Certain Devices
(a) In General – If one manufactures, imports,
offers to the public, provides or otherwise traffics in any interactive digital
device that does not include and utilize certified security technologies that
adhere to the security system standards adopted under section 104, one shall
not be liable for contributory or vicarious copyright infringement.
(b) Exception -- Subsection (a) does not apply to
the offer for sale or provision of, or other trafficking in, any
previously-owned interactive digital device, if such device was legally
manufactured or imported, and sold, prior to the effective date of regulations
adopted under section 104 and not subsequently modified in violation of subsection
(a) or 103(a).
Sec. 102:
Preservation of the Integrity of Security
An interactive computer service shall store and
transmit with integrity any security measure associated with certified security
technologies that is used in connection with copyrighted material or other
protected content such service transmits or stores.
Sec. 103:
Prohibited Acts
(a) Removal or Alteration of Security -- No person
may --
(1) remove or alter any certified security
technology in an interactive digital device; or
(2) transmit or make available to the public any
copyrighted material or other protected content where the security measure
associated with a certified security technology has been removed or altered.
[Summary: Personal TV/cable/satellite time-shifting copies
normally must be allowed by certified security technologies]
SEC. 104. ADOPTION OF SECURITY SYSTEM STANDARDS.
(a) CRITERIA. -- In achieving the goals of setting
standards that will provide effective security for content and certifying as
many conforming technologies as possible to develop a competitive and
innovative marketplace, the following criteria shall be applied to the
development of security system standards and certified security technologies:
(1) Reliability
(2) Renewability
(3) Resistance to attack
(4) Ease of implementation
(5) Modularity
(6) Applicability to
multiple technology platforms
(7) Freeing of copyrighted
work when copyright lapses.
(8) Allow fair uses of the
copyrighted works to the extent technically feasibly
(9) Public and open.
(b) PRIVATE SECTOR EFFORTS.
--
(1) IN GENERAL. -- The
Secretary shall make a determination, nor more than 12 months after the date of
enactment of the Act, as to whether --
(A) representatives of
interactive digital device manufacturers and representatives of copyright
owners have reached agreement on security system standards for use in
interactive digital devices; and
(B) the standards meet the
criteria in subsection (a).
(2) EXTENSION OF 12-MONTH
PERIOD. -- The Secretary may, for good cause shown, extend the 12-month
period in paragraph (1) for a period of not more than 6 months if the Secretary
determines that --
(A) substantial progress has
been made by those representatives toward development of security system
standards that will meet those criteria;
(B) those representatives
are continuing to negotiate in good faith; and
(C) there is reasonable
expectation that final agreement will be reached by those representatives
before the expiration of the extended period of time.
(c) AFFIRMATIVE
DETERMINATION. -- If the Secretary makes a determination under subsection
(b)(1) that an agreement on security system standards that meet the criteria in
subsection (a) has been reached by those representatives, then the Secretary
shall --
(1) initiate rulemaking
within 30 days after the date on which the determination is made to adopt those
standards; and
(2) publish a final rule
pursuant to that rulemaking not later than 90 days after initiating the
rulemaking that will take effect 1 year after its publication.
(d) NEGATIVE DETERMINATION.
-- If the Secretary makes a determination under subsection (b)(1) that an
agreement on security system standards that meet the criteria in subsection (a)
has not been reached by those representatives, then the Secretary --
(1) in consultation with
representatives described in subsection (b)(1)(A), the National Institute of
Standards and Technology and the Register of Copyrights, shall initiate a
rulemaking within 30 days after the date on which the determination is made to
adopt security system standards that meet those criteria to provide effective
security for copyrighted material and other protected content; and
(2) publish a final rule
pursuant to that rulemaking not later than 1 year after initiating the rulemaking
that will take effect 1 year after its publication.
(e) MEANS OF IMPLEMENTING
STANDARDS. -- The security system standards adopted under subsection (c) or (d)
shall provide for secure technical means of implementing directions of
copyright owners, for copyrighted material, and rights holders, for other
protected content, with regard to the reproduction, performance, display,
storage, and transmission such material or content.
(f) SUBSEQUENT MODIFICATION;
NEW STANDARDS. -- The Secretary may conduct subsequent rulemakings to modify
any standards established under subsection (c) or (d) or to adopt new security
system standards that meet the criteria in subsection (a). In conducting any
such subsequent rulemaking, the Secretary shall consult with representatives of
interactive digital device manufacturers, representatives of copyright owners,
the National Institute of Standards and Technology, and the Register of
Copyrights. Any final rule published in such a subsequent rulemaking shall --
(1) apply prospectively
only; and
(2) take into consideration
the effect of adoption of the modified or new security system standards on
consumers' ability to utilize interactive digital devices manufactured before
the modified or new standards take effect.
SEC. 105.
CERTIFICATION OF TECHNOLOGIES.
The Secretary shall certify technologies that adhere to the security system standards adopted under section 104. The Secretary shall certify only those conforming technologies that are public and available for licensing on reasonable and nondiscriminatory terms.