,,ii  #aadth ,,congress  #ast ,session  
,s4 #iij  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,april #af1 #bjae   
,mr4 ,wyden introduced the following    
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to improve the process by which
 the ,librarian of ,congress considers  
requests for exemptions to section      
#abja7;a77#a77;,a7 of title #ag1 ,united
 ,states ,code1 and to ease restrictions
 on the use of certain statutory        
exemptions to the ,digital ,millennium  
,copyright ,act4  #a4 ,short title      
,this ,act may be cited as the ,breaking
 ,down ,barriers to ,innovation ,act of 
#bjae4  #b4 ,sense of ,congress ,it is  
the sense of ,congress that-- 7#a7 the  
,librarian of ,congress 7referred to in 
this section as the ,librarian7 should  
ensure that noninfringing uses of       
copyrighted works1 as well as activities
 unrelated to the copyrighted works1 are
 not unduly burdened by the application 
of section #abja of title #ag1 ,united  

,states ,code2  7#b7 the ,librarian     
should apply section #abja of title #ag1
 ,united ,states ,code1 in a manner that
 strikes a balance between the ability  
of persons to make noninfringing use of 
copyrighted works and the legitimate    
protection of intellectual property     
rights2  7#c7 the ,librarian1 in        
considering whether to grant exemptions 
to the prohibition on the circumvention 
of technological protection measures1   
should recognize that such measures     
prevent persons from undertaking        
activities unrelated to the use of      
copyrighted works2 and  7#d7 the        
,librarian-- 7,a7 should not impose     
undue burdens on proponents of          
exemptions2 and  7,b7 should ensure that
 the rulemaking process for considering 
exemptions is responsive to changes in  
the technological landscape4  #c4       
,circumvention of copyright protection  
systems  7a7 ,violations regarding      
circumvention of technological measures 
7#a7 ,in general ,section #abja7;a77#a7 

of title #ag1 ,united ,states ,code1 is 
amended-- 7,a7 in subparagraph 7,a71 by 
striking the second sentence2  7,b7 in  
subparagraph 7,c7-- 7i7 in the matter   
preceding clause 7i7--  7,i7 by striking
 ,during the #b-year period described in
 subparagraph 7,a71 and during each     
succeeding #c-year period1 and inserting
 ,every #c years12 and  7,,ii7 by       
striking the ,librarian shall examine   
and inserting the ,librarian shall      
consider1 if applicable2  7ii7 in clause
 7i71 by striking the availability for  
use of copyrighted works and inserting  
any reduction in the availability for   
use of copyrighted works as a result of 
the prohibition on the circumvention of 
technological measures2  7iii7 in clause
 7iii71 by striking or research and     
inserting the following3 repair1        
recycling1 research1 or other fair uses1
 and on access to information not       
subject to copyright protection2  7iv7  
by redesignating clauses 7iv7 and 7v7 as
 clauses 7vi7 and 7vii71 respectively2  

and  7v7 by inserting after clause 7iii7
 the following3  7iv7 the impact that   
the prohibition on the circumvention of 
technological measures has on the       
accessibility of works and technologies 
for persons with disabilities2  7v7 the 
impact that the prohibition on the      
circumvention of technological measures 
has on the furtherance of security      
research2  2  7,c7 by redesignating     
subparagraph 7,d7 as subparagraph 7,f72 
7,d7 by striking subparagraph 7,e72     
7,e7 by inserting after subparagraph    
7,c7 the following3  7,d7 ,in making a  
determination under subparagraph 7,c71  
the ,librarian--  7i7 shall consider the
 totality of the evidence available to  
the ,librarian2 and  7ii7 may not assign
 the burden of proof to a proponent of  
an exemption4  7,e7 ,the ,librarian1 at 
the discretion of the ,librarian1 may   
conduct a rulemaking proceeding under   
subparagraph 7,c7 outside of the #c-year
 review process described in that       
subparagraph if the ,librarian          

determines that it is substantially     
likely that persons who are users of a  
copyrighted work which is in a          
particular class of works are1 or are   
likely to be in the succeeding #c-year  
period1 adversely affected by virtue of 
the prohibition under subparagraph 7,a7 
in their ability to make noninfringing  
uses of that particular class of works  
under this title4  2  7,f7 in           
subparagraph 7,f71 as redesignated-- 7i7
 by striking ,the ,librarian and        
inserting 7i7 ,the ,librarian2  7ii7 by 
striking adversely affected1 and the    
prohibition and inserting the following3
 adversely affected4 7ii7 ,the          
prohibition  2 and  7iii7 by adding at  
the end the following3  7iii7 ,at the   
end of each #c-year period described in 
subparagraph 7,c71 the ,librarian shall 
renew for the ensuing #c-year period    
each exemption granted under            
subparagraph 7,c7 unless the ,librarian 
determines that1 as a result of changed 
circumstances1 it is unlikely that any  

persons who are users of a copyrighted  
work in the class of copyrighted works  
to which the exemption relates will be  
adversely affected by virtue of the     
prohibition under subparagraph 7,a7 in  
their ability to make noninfringing uses
 of that particular class of works under
 this title4  2 and  7,g7 by inserting  
after subparagraph 7,f71 as             
redesignated1 the following3  7,g7 ,for 
purposes of this paragraph--  7i7       
persons are adversely affected if a     
technological measure that effectively  
controls access to a work which is in a 
particular class of copyrighted works   
diminishes the ability of the persons to
 make noninfringing uses of that        
particular class of works under this    
title2  7ii7 if a technological measure 
inhibits noninfringing uses of a work   
which is in a particular class of       
copyrighted works relating to improving 
accessibility of works or technologies  
for persons with disabilities1 there    
shall be a presumption that persons who 

use that particular class of work are   
likely to be adversely affected2 and    
7iii7 the ,librarian may find that a use
 of a work is noninfringing based upon  
the totality of the circumstances1      
including--  7,i7 the presence of       
supporting judicial precedent2  7,,ii7  
the absence of contrary judicial        
precedent2  7,,iii7 the intent of       
,congress2 and  7,,iv7 any other factors
 relevant to--  7aa7 assessing the      
applicability of copyright protection2  
or  7bb7 exceptions to or limitations on
 copyright protection4  4  7#b7 ,report 
,not later than #a year after the date  
of enactment of this ,act1 the          
,librarian of ,congress1 in consultation
 with the ,register of ,copyrights and  
the ,assistant ,secretary for           
,communications and ,information of the 
,department of ,commerce1 shall--  7,a7 
conduct a study1 including by soliciting
 public comment1 on-- 7i7 ways to ease  
the burden on persons requesting an     
exemption under section                 

#abja7;a77#a77;,c7 of title #ag1 ,united
 ,states ,code1 as amended by paragraph 
7#a72  7ii7 how the process for         
requesting and granting exemptions      
described in clause 7i7 can be used to  
foster security research2 and  7iii7 how
 the process for requesting and granting
 exemptions described in clause 7i7 can 
be expanded to enable the sale and      
dissemination of circumvention tools1 as
 described in subsections 7a77#b7 and   
7b77#a7 of section #abja of title #ag1  
,united ,states ,code1 for the sole     
purposes of enabling circumventions with
 respect to the classes of copyrighted  
works that the ,librarian has published 
under subparagraph 7,f7 of subsection   
7a77#a7 of such section1 as redesignated
 by paragraph 7#a72 and  7,b7 shall     
submit to ,congress a report on the     
study conducted under subparagraph 7,a7 
that includes-- 7i7 proposed legislation
 to achieve the goals described in      
clauses 7i7 and 7ii7 of subparagraph    
7,a72 and  7ii7 a description of any    

obstacles to the expansion described in 
clause 7iii7 of subparagraph 7,a7 and   
proposed legislation for achieving such 
an expansion4  7b7 ,reverse engineering 
,section #abja7;f7 of title #ag1 ,united
 ,states ,code1 is amended-- 7#a7 in    
paragraph 7#a71 by striking for the sole
 purpose and all that follows through   
engaging in the circumvention and       
inserting the following3 for the sole   
purpose of undertaking activities aimed 
at achieving interoperability of an     
independently created computer program  
with other programs2  7#b7 in paragraph 
7#b71 by striking in order to enable and
 all that follows through achieve such  
interoperability and inserting the      
following3 for the activities described 
under paragraph 7#a71 or for the purpose
 of enabling interoperability of an     
independently created computer program  
with other programs2 and  7#c7 in       
paragraph 7#c71 by striking if the      
person and all that follows through     
other programs1 and4  7c7 ,encryption   

research ,section #abja7;g7 of title    
#ag1 ,united ,states ,code1 is amended--
  7#a7 in paragraph 7#a77;,a7-- 7,a7 by 
striking activities necessary to        
identify and analyze flaws and inserting
 activities relating to the             
identification and analysis of flaws2   
and  7,b7 by striking to advance the    
state of knowledge in the field of      
encryption technology and inserting for 
research purposes2  7#b7 in paragraph   
7#b7--  7,a7 in subparagraph 7,b71 by   
striking necessary to conduct and       
inserting undertaken in the course of   
conducting2 and  7,b7 in subparagraph   
7,d71 by striking all that follows      
infringement under this title and       
inserting a period2  7#c7 by striking   
paragraphs 7#c7 and 7#e72  7#d7 by      
redesignating paragraph 7#d7 as         
paragraph 7#c72 and  7#e7 in paragraph  
7#c77;,b71 as redesignated1 by striking 
with whom he or she is working          
collaboratively4  7d7 ,protection of    
personally identifying information      

,section #abja7;i77#a77;,d7 of title    
#ag1 ,united ,states ,code1 is amended--
  7#a7 by striking solely2 and  7#b7 by 
striking who seeks to gain access to the
 work protected1 and is not in violation
 of any other law4  7e7 ,security       
testing ,section #abja7;j7 of title #ag1
 ,united ,states ,code1 is amended--    
7#a7 in paragraph 7#b71 by striking all 
that follows infringement under this    
title and inserting a period2  7#b7 by  
striking paragraph 7#c72  7#c7 by       
redesignating paragraph 7#d7 as         
paragraph 7#c72 and  7#d7 in paragraph  
7#c71 as redesignated1 by striking      
subsection 7#b7 and all that follows and
 inserting paragraph 7#b74