LOC RULEMAKING

• LOC authorized to conduct periodic rulemakings to determine if TPMs interfering with fair and other noninfringing uses (in response to library/educator/science concerns)

• If so, LOC can exempt from (a)(1)(A) affected classes of users/works—but not anti-tool rules

• Two new LOC exemptions:

  • if access control not working & have right to lawful access
  • to determine what filtering software blocks

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