[IETF-IDRM] Re: [IDRM] Will the DMCA make our work more difficult?

[Thomas Hardjono]

Nicko,

This issue with the DMCA is an interesting one, and one which came-up
when we were drafting the charter of the IDRM group.

Thus, if you read the fourth paragraph of the Charter, you'll see that
"IDRM will not pursue research into the legal and social issues of
DRM". We had to specifically put that line before the Charter
would be approved.

But your question about dealing with the DCMA is an interesting one.
Perhaps its something that could be brought to the larger IETF community
and the IAB/IESG.

thomas
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At 8/15/2001||07:47 PM, Nicko van Someren wrote:
>A very capable and well respected cryptographer, Neils Ferguson, has just
>put out this essay: http://www.macfergus.com/niels/dmca/index.html
>In it he states that he has come up with an efficient attack on the
>High-bandwidth Digital Content Protection (HDCP) system and then goes on
>to detail why he does not feel able to publish the results.  In short, his
>lawyers have told him that publishing research in this area will leave him
>open to both civil and criminal proceedings under the Digital Millennium
>Copyright Act and, while his right to publish should be protected by the
>various laws in place to protect freedoms of speech he would expect to be
>made bankrupt in the process due to legal costs.
>
>It seems that if this group is to be useful to the IETF we are going to
>need to publish analysis of various DRM systems, some of which might
>already be in use.  The DMCA seems likely to hamper this and it may leave
>us as individuals, and the IETF, open to legal action.
>
>Given the above, it would seem prudent to come up with a policy on how to
>deal with the DMCA now, before the problem comes back in the form of a writ.
>
>         Nicko