DMCA Ruling Ensures You Can’t Be Sued For Hacking Your Car, Your Games Or Your …

28 Oct 2015 | Author: | No comments yet »

Car owners can modify vehicle software.

Not long ago, messing with your car — once a favored pastime of grease monkeys with hopelessly cluttered garages in search of any edge in power or fuel efficiency — got darned complicated.

Car owners and security experts can tinker with automobile software without incurring some US copyright liability, according to new guidelines issued this month that had been opposed by the auto industry.Car hackers rejoice: today the Library of Congress approved copyright law exemptions that will allow you to modify the software on your car for purposes of security research, maintenance, or repair.A section in the country’s copyright law known as the Digital Millennium Copyright Act prohibits unlocking of “access controls” (in simpler terms, breaking digital locks to dig around computer code) on various software. Every three years, the Library’s Copyright Office decides which computer programs should be exempt from that provision, and on Tuesday it issued a lengthy list of reinstated, new and expanded exemptions. Once the exemption is in place, tinkerers will have more freedom to alter their automobiles without fear of reprisal, at least due to copyright laws. (Copyright laws apply to software as well as books, music, and other more traditional forms of creative expression.) That could free up more researchers, particularly risk-averse researchers attached to universities, to explore the software that underpins the automotive industry and potentially discover flaws or intentional wrongdoing, such as the software Volkswagen used to subvert emissions tests.

The exemption will allow owners of cars and agricultural equipment to access software in their vehicles for diagnosis, repair or modification — as long as the alterations don’t violate regular copyright or other laws and don’t meddle with controls of telematics and entertainment systems. In a ruling that also freed those who wish to modify tablets and smart TVs, the LOC said, more or less, monkey away. “I am glad they granted these exemptions,” Sherwin Siy, vice president for legal affairs for Public Knowledge, an Internet freedom advocate, told ArsTechnica. “I am not glad it was necessary for them to do so in the first place.” The U.S.

Copyright Office’s “Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies” is not scintillating reading. Security researchers also pushed for copyright liability protection because computer programs are “pervasive” in modern machines and devices, including vehicles, home appliances and medical devices. “We are pleased that analysts will now be able to examine the software in the cars we drive without facing legal threats from car manufacturers,” said Kit Wilson, a staff attorney for the Electronic Frontier Foundation, which advocated for the rule changes. And a bit ironically, part of their argument was that greater access to software would allow owners to skirt vehicle emissions regulations — precisely what Volkswagen did. (Walsh argues that diagnosing these kinds of issues might have happened earlier, had the DMCA exemption existed.) The Environmental Protection Agency and the Department of Transportation, too, had expressed concerns about the new freedom to tinker, so the vehicle software exemption won’t go into effect for a year to give the regulators time to prepare. We never know what we’re going to get from it.” Since the EFF and iFixit first requested the exemptions last year, WIRED has reported numerous security vulnerabilities in major automobiles discovered by security researchers.

The updated list of exemptions reinstates freedom to “unlock” cellphones, which became an explosive issue after the exemption was allowed to expire and prompted Congress to pass a whole separate law. Researchers this year also exposed the massive fraud perpetrated by Volkswagen, which sold cars with software that deliberately circumvented emissions testing. The law, by the way, allowed people to unlock phones on behalf of the owner, which the Librarian of Congress appears to view as something that will require legislative consideration if it is to be applied to other kinds of software. The group says that and other limitations in the ruling show that the DMCA overall needs to be rewritten — something that EFF and other advocacy groups have been pushing for a while.

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