As we reported just before Thanksgiving, the Copyright Office and Library of Congress recently announced a set of new DMCA exemptions, including one that entitles a person to unlock a cellphone without worrying about DMCA liability.
- (1) violates the Administrative Procedures Act (APA) because the Copyright Office refused to accept TracFone's late submissions;
- (2) violates due process; and
- (3) violates separation of powers because "the DMCA's delegation of rulemaking authority to the Library of Congress and the Copyright Office is an unconstitutional intra-branch delegation of Congress' legislative responsibilities."
I'll admit I'm intrigued by the third argument, but I imagine people at the Copyright Office are muttering "no good deed goes unpunished" over all this.