In Washington, his support for exemptions isn't widely shared. Other Congressional members haven't commented on the exemption review and the federal agencies that have commented on the proposed exemptions haven't supported them. The Department of Transportation did not support an exemption for security researchers, and argued in an ambivalent statement that the risks would outweigh the benefits. Even though such independent research uncovered emissions discrepancies that helped expose the Volkswagen cheating scandal, the Environmental Protection Agency recommended the exemptions be rejected. In its written comments, the EPA worried that with an exemption tinkerers would modify engine software to increase power or fuel economy, both of which would likely increase emissions.Wyden criticized the agency's position, writing, "in short, while the EPA is worried about individuals potentially violating the Clean Air Act or other regulations, it should be worried about the companies that are actually doing so."
The senator has been concerned with innovation in the technology sector since the 1990s, when he helped write the Communications Decency Act, part of which ensured that websites and internet service providers couldn't be held liable for third-party content. In April, Wyden co-sponsored the Breaking Down Barriers to Innovation Act, which aims to reform the 18-year-old DMCA. At the time, he said, "the DMCA's copyright restrictions make us more vulnerable to cyber attacks and stifle innovation."