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H.R. 1892 (113th): Unlocking Technology Act of 2013

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The text of the bill below is as of May 8, 2013 (Introduced). The bill was not enacted into law.

Summary of this bill

Source: Wikipedia

The Unlocking Technology Act of 2013 is a United States proposed bi-partisan bill that aims to allow circumvention of digital rights management as long as there is no intention of copyright infringement. The bill would legalize actions such as cell phone unlocking and creating versions of copyrighted works specifically designed to be accessible to blind (visually impaired) users. Section 2 of the bill would also require the Assistant Secretary for Communications and Information of the Department of Commerce to issue a report on the impact of 17 U.S.C. 1201 on consumer choice, competition, and free flow of information. The bipartisan bill introduced by Zoe Lofgren(D-CA) had three cosponsors: Thomas Massie …

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113th CONGRESS

1st Session

H. R. 1892

IN THE HOUSE OF REPRESENTATIVES

May 8, 2013

(for herself, Mr. Massie, Mr. Polis, and Ms. Eshoo) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend section 1201 of title 17, United States Code, to require the infringement of a copyright for a violation of such section, and for other purposes.

1.

Short title

This Act may be cited as the Unlocking Technology Act of 2013 .

2.

Infringement of a copyright required for anticircumvention prohibition

(a)

Amendments

Section 1201(a) of title 17, United States Code, is amended—

(1)

in paragraph (1)(A)—

(A)

by amending the first sentence to read as follows: No person shall, in order to infringe or facilitate infringement of a copyright in a work protected under this title, circumvent a technological measure that effectively controls access to that work.; and

(B)

by adding at the end the following: It shall not be a violation of this section to circumvent a technological measure in connection with a work protected under this title if the purpose of such circumvention is to engage in a use that is not an infringement of copyright under this title.;

(2)

in paragraph (2)—

(A)

in subparagraph (A), by inserting after for the purpose of the following: facilitating the infringement of a copyright by;

(B)

in subparagraph (B), by striking circumvent and inserting facilitate the infringement of a copyright by circumventing; and

(C)

in subparagraph (C), by inserting after for use in the following: facilitating the infringement of a copyright by; and

(3)

by redesignating paragraph (3) as paragraph (4), and inserting after paragraph (2), the following new paragraph:

(3)

It is not a violation of this section to use, manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of facilitating noninfringing uses of works protected under this title by circumventing a technological measure that effectively controls access to that work, unless it is the intent of the person that uses, manufactures, imports, offers to the public, provides, or traffics in the technology, product, service, device, component, or part to infringe copyright or to facilitate the infringement of a copyright.

.

(b)

Report required

(1)

In general

Not later than the end of the 9-month period beginning on the date of the enactment of this Act, the Assistant Secretary for Communications and Information of the Department of Commerce shall submit to the committees described in paragraph (2) a report on—

(A)

the impact of section 1201 of title 17, United States Code, on consumer choice, competition, and free flow of information;

(B)

whether section 1201 of such title should be reformed in part, reformed entirely, or repealed; and

(C)

barriers and challenges to such reform or repeal, including international trade agreements and treaties.

(2)

Committees

The committees described in this paragraph are the following:

(A)

The Committees on the Judiciary and Energy and Commerce of the House of Representatives.

(B)

The Committees on the Judiciary and Commerce, Science, and Transportation of the Senate.

3.

Network switching not infringement

Section 117 of title 17, United States Code, is amended by adding at the end of the following new subsection:

(e)

Network switching

Notwithstanding the provisions of section 106, it is not an infringement to copy or adapt the software or firmware of a user-purchased mobile communications device for the sole purpose of enabling the device to connect to a wireless communications network if—

(1)

the copying or adapting is initiated by, or with the consent of, the owner of that device or the owner’s agent;

(2)

the owner of that device or the owner’s agent is in legal possession of the device; and

(3)

the owner of that device has the consent of, or an agreement with, the authorized operator of such wireless communications network to make use of that wireless communications network.

.

4.

Harmonization of trade agreements

The President shall take the necessary steps to secure modifications to applicable bilateral and multilateral trade agreements to which the United States is a party in order to ensure that such agreements are consistent with the amendments made by this Act.

5.

Effective date

(a)

Amendments

The amendments made by this Act shall apply to acts carried out after the expiration of the 9-month period beginning on the date of the enactment of this Act.

(b)

Report

Sections 2(b) and 4 shall take effect on the date of the enactment of this Act.