How Congress Can Improve Accessibility and Digital Access

"Every three years since 2003, disability rights advocates and library associations have petitioned the US Copyright Office for permission to access lawfully acquired ebooks using assistive technology. A legislative fix might be a better approach.

The Digital Millennium Copyright Act (DMCA) of 1998 prohibits users from circumventing technological protection measures (TPMs) that control access to copyrighted works (think encryption or password protection). This prohibition applies even when the underlying use is completely lawful. The only way to get around this prohibition is to petition for temporary exemptions through the rulemaking process—a process that is burdensome, lengthy, and at times adversarial.  And these exemptions last only three years, forcing advocates to repeatedly demonstrate the continuing need and justification for the exemption.

The statute also includes a series of permanent exemptions to this prohibition, including exemptions for libraries, archives, and educational institutions; law enforcement agencies; and for analyzing flaws in encryption technology and security measures. Similarly, Congress could enact a permanent exemption for accessibility, permitting circumvention when necessary to enable a person with a disability to access or use a work in a format or manner that makes it accessible to them."