circumvention; and

(D) such act does not constitute infringement under this title or a
violation of applicable law other than this section, including section
1030 of title 18 and those provisions of title 18 amended by the
Computer Fraud and Abuse Act of 1986.

(3) Factors in Determining Exemption. In determining whether a person
qualifies for the exemption under paragraph (2), the factors to be
considered shall include-

(A) whether the information derived from the encryption research was
disseminated, and if so, whether it was disseminated in a manner
reasonably calculated to advance the state of knowledge or development
of encryption technology, versus whether it was disseminated in a manner
that facilitates infringement under this title or a violation of
applicable law other than this section, including a violation of privacy
or breach of security;

(B) whether the person is engaged in a legitimate course of study, is
employed, or is appropriately trained or experienced, in the field of
encryption technology; and

(C) whether the person provides the copyright owner of the work to which
the technological measure is applied with notice of the findings and
documentation of the research, and the time when such notice is
provided.

(4) Use of Technological Means for Research Activities. Notwithstanding
the provisions of subsection (a)(2), it is not a violation of that
subsection for a person to-

(A) develop and employ technological means to circumvent a technological
measure for the sole purpose of that person performing the acts of good
faith encryption research described in paragraph (2); and

(B) provide the technological means to another person with whom he or
she is working collaboratively for the purpose of conducting the acts of
good faith encryption research described in paragraph (2) or for the
purpose of having that other person verify his or her acts of good faith
encryption research described in paragraph (2).

(5) Report to Congress. Not later than 1 year after the date of the
enactment of this chapter, the Register of Copyrights and the Assistant
Secretary for Communications and Information of the Department of
Commerce shall jointly report to the Congress on the effect this
subsection has had on-

(A) encryption research and the development of encryption technology;

(B) the adequacy and effectiveness of technological measures designed to
protect copyrighted works; and

(C) protectio