I'm not speaking about accidental violation of the provision, I'm even talking about intentional violation. Anti-circumvention provisions don't cover the copyrighted work, they don't even cover a derivative work. It's just suppression of speech that tangentially supports or encourages illegal activities, which the Supreme Court has ruled the government has no compelling interest in quelling.
A lot of this speech can take many forms. It can be blog posts delving into how some encryption scheme works, it can be keys that are derived mathematically from Sony's mistakes, and it can be software which may only incidentally be used as a tool to circumvent DRM. This does not survive strict scrutiny.
A lot of this speech can take many forms. It can be blog posts delving into how some encryption scheme works, it can be keys that are derived mathematically from Sony's mistakes, and it can be software which may only incidentally be used as a tool to circumvent DRM. This does not survive strict scrutiny.