How Congress Can Improve Accessibility and Digital Access

Last Updated on January 21, 2026, 12:24 pm ET

For EFF Copyright Week 2026: Device and Digital Ownership

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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.

Another option is for Congress to amend Section 121 of the US Copyright Act to explicitly permit the circumvention of TPMs for accessibility purposes. At the same time, Congress could expand section 121 beyond its current scope to apply to people with any disability, and to all types of content. This approach would create a comprehensive accessibility right within copyright law itself, rather than just an exemption from anti-circumvention rules.

In addition to improving outcomes for people with disabilities, these legislative changes would bring the US into full compliance with Article 7 of the Marrakesh Treaty, which requires ratifying countries to ensure that TPMs do not block accessibility features. Currently, the triennial rulemaking is the only mode of compliance with this provision. The changes would also align US law with the European Accessibility Act (EAA), which requires that ebooks be accessible, and that digital rights management measures do not block accessibility features.

Katherine Klosek is director of Information Policy and Federal Relations at the Association of Research Libraries. This post is based on her article “Bridging the Gap: How Congress Can Codify the Rights of People with Disabilities to Access Digital Works,” published in the International Journal of Disability Policy & Advocacy no. 1 (2026).

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