Anti-Hacking Copyright Law Scrutinized in Free Speech Challenge

Sept. 12, 2022, 8:56 AM UTC

A decades-old law that criminalizes hacking through digital security measures to access copyrighted work like music, movies, and software is facing a constitutional challenge by security researchers who argue it’s an impediment to free speech.

Attorneys say the case—scheduled for oral argument Monday in a Washington, D.C., federal appeals court—could have important implications for the “right-to-repair” movement, which supports allowing well-intention hackers to tinker with rightfully purchased devices and software without fear of legal consequences. Security research, accessibility, and online copyright enforcement may also be affected, they say.

The Digital Millennium Copyright Act, which revised US copyright laws in 1998 ...

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