Federal · Copyright Office, FR Doc. 2026-21939

Fixing, unlocking or jailbreaking your devices: Copyright Office plans to renew most digital-lock exemptions and opens comments on 10 new proposals

Proposed Oct. 28, 2026 · First comments due Dec. 7, 2026

Published October 28, 2026 · Last updated October 28, 2026

What it does

Section 1201 of the Copyright Act (part of the DMCA) generally prohibits getting around (“circumventing”) technological measures that control access to copyrighted works. Computer programs, like the software that runs a phone, car or appliance, are copyrighted works. Under the law, the Librarian of Congress, on the recommendation of the Register of Copyrights, may adopt temporary exemptions for uses that do not infringe copyright, in a review held every three years. (Proposed rule, Supplementary Information and Section I; 17 U.S.C. 1201(a)(1)(C); Copyright Office 2027 cycle page)

This proposed rule starts the public comment phase of the tenth such review. The Office received 43 renewal petitions and 25 petitions for new or expanded exemptions. (Proposed rule, Supplementary Information)

Exemptions the Office intends to renew

The Register “intends to recommend” renewing all but one current exemption without requiring more evidence. Among those most relevant to households (Proposed rule, Section II):

• Unlocking wireless devices such as cellphones so they can connect to a different carrier’s network. (Section II.M)
• Jailbreaking smartphones and other portable all-purpose computing devices, smart TVs, voice assistant devices, and routers and networking devices, to let them run other software or to remove software apps. (Section II.N)
• Repairing vehicles and equipment: software in cars and other motorized land vehicles, boats, and mechanized farm vehicles, for diagnosis, repair or modification, plus access to vehicle or vessel operational data. (Sections II.O–P)
• Repairing consumer devices such as smartphones, computers, home appliances and game consoles, and repairing retail-level commercial food preparation equipment. (Sections II.Q–R)
• Others for accessibility (e-books for people who are blind or have print disabilities, captioning and audio description), education, filmmaking and commentary, security research, video game and software preservation, and 3D printers. (Section II)

The current exemptions were adopted in the 2024 review and took effect October 28, 2024. (89 FR 85437, FR Doc. 2024-24563)

Medical device repair: full review instead of renewal

The current exemption lets people get around locks on software in medical devices and systems, and related data files, for diagnosis, maintenance or repair. Eight renewal petitions were filed, one comment supported renewal, and four opposed it. Because the Office found “meaningful opposition,” it will evaluate medical device repair as a potential new exemption (Proposed Subclass 8(b)) through three rounds of comment, together with a request to expand it to installation, calibration, setup and similar work. (Sections II.S and III.H)

New or expanded proposals open for comment

The Office grouped the petitions into 10 proposed classes (Section III):

• Class 1: captioning and audio description of online videos by libraries and other public entities.
• Classes 2–6 (movies and TV): criticism and comment; playing discs on personal computers that lack supported playback; making replacement or preservation copies when discs, players or digital copies are no longer available; personal playback under the Family Movie Act; and public domain works.
• Class 7 (jailbreaking): removing automatic content recognition software from smart TVs; disabling or removing advertising added to devices after sale (petitioners name smart home appliances, smart TVs, voice assistants, e-readers, media players and car consoles); and letting home video-monitoring devices send video to a local server.
• Class 8 (repair): 8(a) keeping consumer devices working when the maker has ended software support or gone out of business, expanding repair to business and school IT devices, and repair of building systems on commercial, institutional and multi-family premises; 8(b) medical device repair (above).
• Classes 9–10 (video games): games whose locks no longer work on current operating systems, and online play through independently built replacement servers when a publisher has discontinued, degraded or replaced the original server functions.

The Office notes that it considered and declined some similar requests in past reviews and is asking for specific, real-world evidence. (Section III.G–J)

How to comment

• December 7, 2026: initial comments from supporters and from people who neither support nor oppose but want to share information.
• February 22, 2027: comments from opponents.
• March 22, 2027: replies from supporters and neutral parties. (Proposed rule, Dates)
• All comments go through regulations.gov. You can type a short comment of support or opposition in the comment box, or upload a longer document using the Office’s long comment form. Each comment is limited to 25 pages per class, not counting evidence, and each class needs a separate comment. (Proposed rule, Addresses and Section IV.A)

Current status

Notice of proposed rulemaking published October 28, 2026 (91 FR 67788; FR Doc. 2026-21939; Docket No. 2026-4), dated October 23, 2026. Not final. (Proposed rule)

What happens next

After the comment rounds, the Office will hold online public hearings in spring 2027, may send follow-up questions, and will allow ex parte meetings after the hearings. The Register will then consult the National Telecommunications and Information Administration and send her recommendation to the Librarian of Congress, who will adopt a final rule announcing the exemptions. (Proposed rule, Section IV.B–C)

Sources

• Federal Register: “Exemptions To Permit Circumvention of Access Controls on Copyrighted Works,” U.S. Copyright Office proposed rule, 91 FR 67788, FR Doc. 2026-21939 (published Oct. 28, 2026)
• U.S. Copyright Office: Tenth Triennial Section 1201 Proceeding, 2027 Cycle
• Federal Register: 2024 final rule adopting the current exemptions, 89 FR 85437, FR Doc. 2024-24563 (effective Oct. 28, 2024)

Every statement above is drawn from the official source text linked here; section references are shown in grey. This is a plain-English summary, not legal advice. Spot an error? Tell us.