Abstract:
LCA welcomes the opportunity to respond to the Copyright Office’s Notice of Inquiry (“NOI”) concerning standard technical measures (“STMs”) and section 512 of the Digital Millennium Copyright Act (“DMCA”). LCA has grave concerns about the burden an STM rulemaking would place on free expression in general and libraries in particular. If, however, the Copyright Office does decide to recommend an STM rulemaking, the rulemaking should comply with the tried and true NTTAA/OMB Circular A-119 approach. Standards for technical measures should be developed by SSOs, and an agency with technical expertise such as the National Institute of Standards and Technology or the National Telecommunications and Information Administration should then conduct the rulemaking to determine whether the standard should be designated an STM under
section 512(i). Significantly, the Copyright Office does not have the necessary technical
expertise to conduct the rulemaking. Appointment of a chief technology officer would not cure this deficiency.
