if you circumvent copy control, you circumvent access control

Derek Slater questions Daniel Terdiman's statement that:

"...the DMCA has no provision allowing exemptions in cases where software was designed with copy controls, such as encryption.

Ernest Miller agrees with Derek's assertion that

The DMCA has no such exemption because there is no ban on circumvention of copy-protections. There is a ban on trafficking, but not on circumvention.

but further explains that

The way most courts have interpreted the DMCA, virtually all copy control (and certainly the most common types of digital copy control) are also access control devices. Thus is you circumvent copy control, you are also circumventing access control. Thus, in order to backup a copy legally, you need an exemption to access control from the Copyright Office.

The Copyright Office is expected to announce its ruling on the Internet Archive's request Oct. 28.