So it seems like it's all going to be gauged in how the material is presented/hosted. The way I read it is "disclose the details of the bug and source, ok. but once you start hosting an executable like './rootmysystem' or './disable_copy_prot' then you're entering the grey area." (Or rather the decision would probably be made based on whether your website looks like one that encourages or promotes infringement versus one that promotes security.
[1] https://www.federalregister.gov/documents/2015/10/28/2015-27...
I wonder how the EFF will respond to this, because I recall one of their lawsuits (major?) is about DMCA exemption for security research (Plaintiff 1) but also violating DMCA in a for-profit-enterprise (Bunny).
Hotz just reversed and found an exploit on his local machine. Seems to be exactly what these provisions are covering.
http://ifixit.org/blog/7475/repair-coalition-wins-exemptions... is a bit more clear on the types of things that will be allowed under this.
As for the specifics of jailbreaking:
"The Register also confirmed that the exemption for gamers should not extend to jailbreaking of console software because such jailbreaking is strongly associated with video game piracy."
https://www.federalregister.gov/documents/2015/10/28/2015-27...
I am curious if I could use this to reverse engineer a product that isn't hardware AND does not have explicit provisions saying that I am not allowed to reverse engineer the software.