the purposes of this Directive, the expression 'technological measures' means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other subject matter, which are not authorised by the rights holder of any copyright or any right related to copyright as provided for by law or the sui generis right provided for in Chapter III of Directive 96/9/EC. Technological measures shall be deemed 'effective' where the use of a protected work or other subject matter is controlled by the rights holders through application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject-matter or a copy control mechanism, which achieves the protection objective. Notwithstanding the legal protection provided for in paragraph 1, in the absence of voluntary measures taken by rights holders, including agreements between rights holders and other parties concerned, Member States shall take appropriate measures to ensure that rights holders make available to the beneficiary of an exception or limitation provided for in national law in accordance with Article 5(2)(a), (2)(c), (2)(d), (2)(e), (3)(a), (3)(b) or (3)(e) the means of benefiting from that exception or limitation, to the extent necessary to benefit from that exception or limitation and where that beneficiary has legal access to the protected work or subject-matter concerned. (...) United States In the United States, the Digital Millennium Copyright Act ("DMCA") has implemented the treaty provisions regarding the circumvention of some technological barriers to copying intellectual property. Circumvention of Access Controls Section 103 (17 U.S.C Sec. 1201(a)(1)) of the DMCA states: No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The Act defines what it means in Section 1201(a)(3): (3) As used in this subsection— (A) to "circumvent a technological measure" means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and (B) a technological measure "effectively controls access to a work" if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work. Thus, if there is some "technological measure that effectively controls access to a work", it