Break DRM Legally - ThreatWire Cross (Patreon)

As of October 28th, consumers can now legally bypass DRM protections to repair or maintain their tech devices. According to a new ruling by the US Copyright Office, and as a part of the exemptions for the Digital Millennium Copyright Act (DMCA for short), owners and professional repair people can now bypass digital rights management protections for specific reasons like repairs, jailbreaking, unlocking your device from a carrier network, accessibility, or education. Devices under this exemption include smartphones, tablets, mobile hotspots, wearables, smart TV’s, cars, tractors (remember John Deere?), and smart home appliances including your fridge, HVAC systems, and home management systems (like a Nest). IoT devices like Amazon Echos or Google Homes are now also filed under this exemption.

The US Copyright Office also clarifies that this allows for repair or modification, and diagnosis to allow a device to function, not to bypass any subscription service or add on. The device must be lawfully acquired as well.

A notable and important part of this change has to do with security researchers. Now, an infosec professional is exempt when they are modifying a computer program or device as long as they are acting in good faith and not breaking the CFAA, the Computer Fraud and Abuse Act.

This is cool, but keep in mind - the US Copyright Office does not exempt manufacturing or supplying of tools that can be used to break copyright protections. That’s still illegal. This also doesn’t make DRM illegal. Manufacturers of devices can still put locks in place, and they can continue to make those locks harder to bypass. As such, while this is a huge win for right-to-repair advocates on a federal level, it’s still a work in progress to get legislation passed at a state level requiring manufacturers to make circumvention possible. 

Being able to repair or modify your own device for upkeep or to keep it working for a long period of time will not only save consumers money but will also, I think, lead to a better understanding of how technology works.

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