Digital Millennium Copyright Act (DMCA) Lawsuit
Microsoft Sells Out the Public on CGMS-A
Although the Digital Millennium Copyright Act gave the public a raw deal, its reach is not unlimited. The DMCA's scope is expressly limited by the so-called "no mandate" clause, which establishes that technologies that deal with unencrypted, open standard media formats are not restricted by the DMCA. These technologies are unregulated even if the entertainment industries dislike them and even if they do not obey those industries' preferences for restricting users. Absent additional legislation, the copyright holders have no right to control general-purpose technologies -- like computers, sound cards, or software -- that deal only with open standards. That's why the Motion Picture Association of America has long sought new "technology mandate" legislation to go beyond the DMCA: to impose the broadcast flag, to "close the analog hole," and to also
Regulate file-sharing software.
Intel believes that the DTCP-IP technology is an important element in enabling protected transport of compressed content within the home network.
"Computer Spyware Protection Act" actually allows companies to spy on what you do with your personal computer.
April 05, 2006
Oklahoma House bill to open your computer to companies (not the US Congress) Get ready for Microsoft, cable and phone companies, and quite a few other people to know a lot more about what you do on your computer, thanks to House Bill 2083.
House Bill 2083 is available in Microsoft Word/RTF format at the Oklahoma Legislature Web site
It's supposed to protect you from predators spying on your computer habits, but a bill Microsoft Corp. helped write for Oklahoma will open your personal information to warrantless searches, according to a computer privacy expert and a state representative.
Called the "Computer Spyware Protection Act", House Bill 2083 would create fines of up to a million dollars for anyone using viruses or surreptitious computer techniques to break on to someone's computer without that person's knowledge and acceptance, according to the bill's state Senate
author, Clark Jolley.
"The bill has a clear prohibition on anything going in without your permission. You have to grant permission", said Jolley, R-Edmond. "You can look at your license agreement. It will say whether they have the ability to take thatinformation or not".
But therein lies the catch.
If you click that "accept" button on the routine user's agreement, the proposed law would allow any company from whom you bought upgradable software the freedom to come onto your computer for "detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing computer software prescribed under this act".
That means that Microsoft (or another company with such software) can erase spyware or viruses. But if you have, say, a pirated copy of Excel - Microsoft (or companies with similar software) can erase it, or anything else they want to erase, and not be held liable for it. Additionally, that phrase "fraudulent or other illegal activities" means they can:
- Let the local district attorney know that you wrote a hot check last month.
- Let the attorney general know that you play online poker.
- Let the tax commission know you bought cartons of cigarettes and didn't pay the state tax on them.
- Read anything on your hard drive, such as your name, home address, personal identification code, passwords, Social Security number ... etc., etc., etc.
"I think in broad terms that is still a form of spying", said Marc Rotenberg, attorney and executive director of the Electronic Privacy Information Center in Washington, D.C. "Some people say, 'Well, it's justified'. I'm not so clear that should be the case. Particularly if the reason you are passing legislation is to cover that activity".
Princeton Scientists Sue Over Squelched Research Electronic Frontier Foundation Challenges Record Companies 6/01
Trenton, NJ - The Electronic Frontier Foundation (EFF) today asked a federal court to rule that Princeton University Professor Edward Felten and his research team have a First Amendment right to present their research on digital music access-control technologies at the USENIX Security Conference this August in Washington, DC, despite threats from the recording industry.
When scientists from Princeton University and Rice University tried to publish their findings in April 2001, the recording industry claimed that the 1998 Digital Millennium Copyright Act (DMCA) makes it illegal to discuss or provide technology that might be used to bypass industry controls limiting how consumers can use music they have purchased.
Like most scientists, the researchers want to discuss their findings and publish a scientific paper about the vulnerabilities of several technologies they studied. Open discussion of music customer control technologies has resulted in improved technology and enhanced consumer choice.
"Studying digital access technologies and publishing the research for our colleagues are both fundamental to the progress of science and academic freedom," stated Princeton scientist Edward Felten. "The recording industry's interpretation of the DMCA would make scientific progress on this important topic illegal."
Felten's research team includes Princeton University scientists and plaintiffs Bede Liu, Scott Craver, and Min Wu. Also members of the research team and plaintiffs are Rice University researchers Dan Wallach, Ben Swartzlander, and Adam Stubblefield. Another scientist and plaintiff is Drew Dean, who is employed in the Silicon Valley. The USENIX Assocation has joined the case as a plaintiff.
The prominent scientist and his research team originally planned to publish the paper in April at the 4th International Information Hiding Workshop. However, the scientists withdrew the paper at the last minute because the Recording Industry Association of America (RIAA) and the Secure Digital Music Initiative (SDMI) Foundation threatened litigation against Felten, his research team, and the relevant universities and conference organizers.
SDMI sponsored the "SDMI Public Challenge" in September 2000, asking Netizens to try to break their favored watermark schemes, designed to control consumer access to digital music. When the scientists' paper about their successful defeat of the watermarks, including one developed by a company called Verance, was accepted for publication, Matt Oppenheim, an officer of both RIAA and SDMI, sent the Princeton professor a letter threatening legal liability if the scientist published his results.
EFF filed the legal challenge in New Jersey federal court against RIAA, SDMI, Verance, and the U.S. Justice Department so that the researchers need not fear prosecution under DMCA for publishing their research.
"When scientists are intimidated from publishing their work, there is a clear First Amendment problem," said EFF's Legal Director Cindy Cohn. "We have long argued that unless properly limited, the anti-distribution provisions of the DMCA would interfere with science. Now they plainly have."
"Mathematics and code are not circumvention devices," explained Jim Tyre, an attorney on the legal team, "so why is the recording industry trying to prevent these researchers from publishing?"
USENIX Executive Director Ellie Young commented, "We cannot stand idly by as USENIX members are prevented from discussing and publishing the results of legitimate research."
EFF is challenging the constitutionality of the anti-distribution provisions of the DMCA as part of its ongoing Campaign for Audiovisual Free Expression (CAFE). The CAFE campaign fights over-reaching intellectual property laws and restrictive technologies that threaten free speech in the digital age. "The recording studios want to control how consumers can use the music they buy. Now they want to control scientists and publishers, to prevent consumers from finding out how to bypass the unpopular controls," said EFF Staff Attorney Robin Gross.
For more information on the August USENIX Security conference
About EFF:
The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression, privacy, and openness in the information society. EFF is a member-supported organization and maintains one of the most linked-to websites in the world:
About USENIX:
The USENIX Association, an organization representing some 10,000 computer research scientists is dedicated to the free exchange of scholarly information through its many
conferences and publications.
Contacts:
Cindy Cohn, EFF Legal Director, +1 415 436-9333 x108,
Edward Felten, Princeton University Professor, +1 609 258-5906,
Robin Gross, EFF Staff Attorney, +1 415 436-9333 x112,
Gino J. Scarselli, Esq., Outside Lead Counsel, +1 216 291-8601,
James S. Tyre, Esq., Outside Counsel, +1 310 839-4114,
Ellie Young, USENIX Executive Director, +1 510 528-8649 x18,
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James S. Tyre jstyre @ jstyre.com
Law Offices of James S. Tyre 310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512 Culver City, CA 90230-4969
Co-founder, The Censorware Project http://censorware.net
