“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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