constitute infringement under this title.

(2) Notwithstanding the provisions of subsections (a)(2) and (b), a
person may develop and employ technological means to circumvent a
technological measure, or to circumvent protection afforded by a
technological measure, in order to enable the identification and
analysis under paragraph (1), or for the purpose of enabling
interoperability of an independently created computer program with other
programs, if such means are necessary to achieve such interoperability,
to the extent that doing so does not constitute infringement under this
title.

(3) The information acquired through the acts permitted under paragraph
(1), and the means permitted under paragraph (2), may be made available
to others if the person referred to in paragraph (1) or (2), as the case
may be, provides such information or means solely for the purpose of
enabling interoperability of an independently created computer program
with other programs, and to the extent that doing so does not constitute
infringement under this title or violate applicable law other than this
section.

(4) For purposes of this subsection, the term "interoperability" means
the ability of computer programs to exchange information, and of such
programs mutually to use the information which has been exchanged.

(g) Encryption Research.

(1) Definitions. For purposes of this subsection-

(A) the term "encryption research" means activities necessary to
identify and analyze flaws and vulnerabilities of encryption
technologies applied to copyrighted works, if these activities are
conducted to advance the state of knowledge in the field of encryption
technology or to assist in the development of encryption products; and

(B) the term "encryption technology" means the scrambling and
descrambling of information using mathematical formulas or algorithms.

(2) Permissible Acts of Encryption Research. Notwithstanding the
provisions of subsection (a)(1)(A), it is not a violation of that
subsection for a person to circumvent a technological measure as applied
to a copy, phonorecord, performance, or display of a published work in
the course of an act of good faith encryption research if-

(A) the person lawfully obtained the encrypted copy, phonorecord,
performance, or display of the published work;

(B) such act is necessary to conduct such encryption research;

(C) the person made a good faith effort to obtain authorization before
the