US consults on proposed anti-circumvention exemptions

The bulletin “NewsNet Issue 1097 | U.S. Copyright Office”, dated October 28, 2026, announces publication of a notice of proposed rulemaking in the tenth triennial proceeding under section 1201 of Title 17 of the United States Code. The provision generally prohibits circumventing technological measures used by copyright owners to prevent unauthorized access to their works. The proceeding allows the Librarian of Congress, upon the recommendation of the Register of Copyrights, to temporarily exempt certain classes of works from that prohibition.

According to the bulletin, following a streamlined renewal process, the Register intends to recommend readoption of all existing exemptions except one. That exemption faced meaningful opposition and will therefore be treated as a new petition. The notice covers ten proposed exemption classes in total, including the contested renewal. These are proposals undergoing consultation, rather than newly adopted exemptions.

The timetable reported in the bulletin sets three stages: comments from proponents, supporters and neutral participants are due December 7, 2026; opposing comments are due February 22, 2027; and replies from supporters and neutral participants are due March 22, 2027. The full rulemaking notice has not been examined, so the detailed scope of the individual proposed classes remains to be verified.