Every three years in the US, the Librarian of Congress considers proposals for exemptions to the Digital Millennium Copyright Act (DMCA) and issues new rules if necessary. Late last month, David Mao published an order (.pdf; 590KB) that authorizes individuals to modify the software in their vehicles for both “good-faith security research” and “lawful modification.” The order applies to both personal and commercial vehicles (cars and trucks) as well as mechanized agricultural vehicles, like tractors.
The “good faith security research” modifier is clearly defined:
“For purposes of this exemption, ‘good-faith security research’ means accessing a computer program solely for purposes of good-faith testing, investigation and/or correction of a security flaw or vulnerability, where such activity is carried out in a controlled environment designed to avoid any harm to individuals or the public, and where the information derived from the activity is used primarily to promote the security or safety of the class of devices or machines on which the computer program operates, or those who use such devices or machines, and is not used or maintained in a manner that facilitates copyright infringement.”
As is the “lawful modification” bit:
“Computer programs that are contained in and control the functioning of a motorized land vehicle such as a personal automobile, commercial motor vehicle, or mechanized agricultural vehicle, except for computer programs primarily designed for the control of telematics or entertainment systems for such vehicle, when circumvention is a necessary step undertaken by the authorized owner of the vehicle to allow the diagnosis, repair or lawful modification of a vehicle function; and where such circumvention does not constitute a violation of applicable law, including without limitation regulations promulgated by the Department of Transportation or the Environmental Protection Agency; and provided, however, that such circumvention is initiated no earlier than 12 months after the effective date of this regulation.”
The vehicle software tinkering exemption was proposed by the Electronic Frontier Foundation (EFF) in February 2015 and opposed by the automobile and agricultural vehicle manufacturers.
The order forbids modifying software that controls “telematics or entertainment systems” and will not become law for at least another year.