rk is not
reasonably available in another form.

(3) A nonprofit library, archives, or educational institution that
willfully for the purpose of commercial advantage or financial gain
violates paragraph (1)-

(A) shall, for the first offense, be subject to the civil remedies under
section 1203; and

(B) shall, for repeated or subsequent offenses, in addition to the civil
remedies under section 1203, forfeit the exemption provided under
paragraph (1).

(4) This subsection may not be used as a defense to a claim under
subsection (a)(2) or (b), nor may this subsection permit a nonprofit
library, archives, or educational institution to manufacture, import,
offer to the public, provide, or otherwise traffic in any technology,
product, service, component, or part thereof, which circumvents a
technological measure.

(5) In order for a library or archives to qualify for the exemption
under this subsection, the collections of that library or archives shall
be-

(A) open to the public; or

(B) available not only to researchers affiliated with the library or
archives or with the institution of which it is a part, but also to
other persons doing research in a specialized field.

(e) Law Enforcement, Intelligence, and Other Government Activities. This
section does not prohibit any lawfully authorized investigative,
protective, information security, or intelligence activity of an
officer, agent, or employee of the United States, a State, or a
political subdivision of a State, or a person acting pursuant to a
contract with the United States, a State, or a political subdivision of
a State. For purposes of this subsection, the term "information
security" means activities carried out in order to identify and address
the vulnerabilities of a government computer, computer system, or
computer network.

(f) Reverse Engineering. (1) Notwithstanding the provisions of
subsection (a)(1)(A), a person who has lawfully obtained the right to
use a copy of a computer program may circumvent a technological measure
that effectively controls access to a particular portion of that program
for the sole purpose of identifying and analyzing those elements of the
program that are necessary to achieve interoperability of an
independently created computer program with other programs, and that
have not previously been readily available to the person engaging in the
circumvention, to the extent any such acts of identification and
analysis do not