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Coming in from the Cold: A Safe Harbor from the CFAA and DMCA §1201

“The Assembly program is pleased to announce a new publication, titled Coming in from the Cold: A Safe Harbor from the CFAA and DMCA §1201, written by Harvard Law School student Daniel Etcovitch and 2017 Assembly cohort member Thyla van der Merwe. The paper proposes a statutory safe harbor from the Computer Fraud and Abuse Act and section 1201 of the Digital Millennium Copyright Act for security research activities using a constructed communication protocol based on a responsible disclosure model. The authors explore how such a safe harbor could provide security researchers a greater degree of control over the vulnerability research publication timeline and guarantee researchers safety from legal consequence if they complied with the proposed safe harbor process. ​ The collaboration between Daniel and Thyla was born out of the 2017 Assembly program and the Internet & Society class co-taught by Harvard Law School Professor Jonathan Zittrain and MIT Media Lab Director Joi Ito, where they first met.  As the authors describe it, they “found a common interest in legal barriers to security” during the Internet & Society course and together “began to engage with the reality that some security researchers – particularly academics – were concerned about potential legal liability under computer crime laws.”

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