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P roposed Amendment to Copyright Act 1957
Section 65 A: Protection of Technological Measures:
(1) Any person who circumvents an effective technological measure applied for the purpose of protecting any of the rights conferred by this Act, with the intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.
(2) Nothing in sub-section (1) shall prevent any person from
(a) doing anything referred to there in for the purpose not expressly prohibited by this Act
Provided that any person facilitating circumvention by another person of a technological measure for such a purpose shall maintain a complete record of such other person including his name, address and all relevant particulars necessary to identify him and the purpose for which he has been facilitated or
(b) doing anything necessary to conduct encryption research using a lawfully obtained encrypted copy; or
(c) conducting any lawful investigation; or
(d) doing anything necessary for the purpose of testing the security of a computer system or a computer network with the authorization of its owner or operator; or
(e) doing anything necessary to circumvent technological measures intended for identification or surveillance of a user or
(f) taking measures necessary in the interest of national security.
Naavi
January 22, 2007
