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EFF to the FTC: DMCA Section 1201 Creates Anti-Competitive Regulatory Barriers

hn_acker

created: June 7, 2025, 3:51 p.m. | updated: June 7, 2025, 9:18 p.m.

As part of multi-pronged effort towards deregulation, the Federal Trade Commission has asked the public to identify any and all “anti-competitive” regulations. Congress realized that Section 1201 had this effect, so it adopted a safety valve—a triennial process by which the Library of Congress could grant exemptions. The existing procedural and regulatory barriers ensure that the rulemaking process—and Section 1201 itself—thwarts, rather than serves, the public interest. The FTC does not, of course, control Congress or the Library of Congress. Our comments urge the FTC to recommend that Congress repeal or reform Section 1201.

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