Second Circuit upholds DMCA against constitutional challenge affirming injunction barring posting of or linking to decryption program

Rejecting First Amendment and fair use challenges to the constitutionality of the anti-trafficking provisions of the Digital Millennium Copyright Act (DMCA), the Second Circuit affirmed an injunction barring the posting on a Web site of DeCSS, a decryption program that allows users to decrypt the encryption code limiting access to DVD motion pictures, as well as knowingly linking that Web site to others on which DeCSS is posted. In Universal City Studios, Inc. v. Corley, the court refused to address a claim that, because it gave authors the power to mix public domain and protected works and lock them up technologically, the DCMA exceeded Congress' constitutional authority to grant copyrights only for limited times.