Entries Tagged "copyright"

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DMCA Does Not Apply to U.S. Government

According to a recent court ruling, we are all subject to the provisions of the DMCA, but the government is not:

The Court of Federal Claims that first heard the case threw it out, and the new Appellate ruling upholds that decision. The reasoning behind the decisions focuses on the US government’s sovereign immunity, which the court describes thusly: “The United States, as [a] sovereign, ‘is immune from suit save as it consents to be sued . . . and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the suit.'”

In the case of copyright law, the US has given up much of its immunity, but the government retains a few noteworthy exceptions. The one most relevant to this case says that when a government employee is in a position to induce the use of the copyrighted material, “[the provision] does not provide a Government employee a right of action ‘where he was in a position to order, influence, or induce use of the copyrighted work by the Government.'” Given that Davenport used his position as part of the relevant Air Force office to get his peers to use his software, the case fails this test.

But the court also addressed the DMCA claims made by Blueport, and its decision here is quite striking. “The DMCA itself contains no express waiver of sovereign immunity,” the judge wrote, “Indeed, the substantive prohibitions of the DMCA refer to individual persons, not the Government.” Thus, because sovereign immunity is not explicitly eliminated, and the phrasing of the statute does not mention organizations, the DMCA cannot be applied to the US government, even in cases where the more general immunity to copyright claims does not apply.

It appears that Congress took a “do as we say, not as we need to do” approach to strengthening digital copyrights.

Posted on August 8, 2008 at 11:32 AM • View Comments

Kill Switches and Remote Control

It used to be that just the entertainment industries wanted to control your computers—and televisions and iPods and everything else—to ensure that you didn’t violate any copyright rules. But now everyone else wants to get their hooks into your gear.

OnStar will soon include the ability for the police to shut off your engine remotely. Buses are getting the same capability, in case terrorists want to re-enact the movie Speed. The Pentagon wants a kill switch installed on airplanes, and is worried about potential enemies installing kill switches on their own equipment.

Microsoft is doing some of the most creative thinking along these lines, with something it’s calling “Digital Manners Policies.” According to its patent application, DMP-enabled devices would accept broadcast “orders” limiting their capabilities. Cellphones could be remotely set to vibrate mode in restaurants and concert halls, and be turned off on airplanes and in hospitals. Cameras could be prohibited from taking pictures in locker rooms and museums, and recording equipment could be disabled in theaters. Professors finally could prevent students from texting one another during class.

The possibilities are endless, and very dangerous. Making this work involves building a nearly flawless hierarchical system of authority. That’s a difficult security problem even in its simplest form. Distributing that system among a variety of different devices—computers, phones, PDAs, cameras, recorders—with different firmware and manufacturers, is even more difficult. Not to mention delegating different levels of authority to various agencies, enterprises, industries and individuals, and then enforcing the necessary safeguards.

Once we go down this path—giving one device authority over other devices—the security problems start piling up. Who has the authority to limit functionality of my devices, and how do they get that authority? What prevents them from abusing that power? Do I get the ability to override their limitations? In what circumstances, and how? Can they override my override?

How do we prevent this from being abused? Can a burglar, for example, enforce a “no photography” rule and prevent security cameras from working? Can the police enforce the same rule to avoid another Rodney King incident? Do the police get “superuser” devices that cannot be limited, and do they get “supercontroller” devices that can limit anything? How do we ensure that only they get them, and what do we do when the devices inevitably fall into the wrong hands?

It’s comparatively easy to make this work in closed specialized systems—OnStar, airplane avionics, military hardware—but much more difficult in open-ended systems. If you think Microsoft’s vision could possibly be securely designed, all you have to do is look at the dismal effectiveness of the various copy-protection and digital-rights-management systems we’ve seen over the years. That’s a similar capabilities-enforcement mechanism, albeit simpler than these more general systems.

And that’s the key to understanding this system. Don’t be fooled by the scare stories of wireless devices on airplanes and in hospitals, or visions of a world where no one is yammering loudly on their cellphones in posh restaurants. This is really about media companies wanting to exert their control further over your electronics. They not only want to prevent you from surreptitiously recording movies and concerts, they want your new television to enforce good “manners” on your computer, and not allow it to record any programs. They want your iPod to politely refuse to copy music to a computer other than your own. They want to enforce their legislated definition of manners: to control what you do and when you do it, and to charge you repeatedly for the privilege whenever possible.

“Digital Manners Policies” is a marketing term. Let’s call this what it really is: Selective Device Jamming. It’s not polite, it’s dangerous. It won’t make anyone more secure—or more polite.

This essay originally appeared in Wired.com.

Posted on July 1, 2008 at 6:48 AM • View Comments

Framing Computers Under the DMCA

Researchers from the University of Washington have demonstrated how lousy the MPAA/RIAA/etc. tactics are by successfully framing printers on their network. These printers, which can’t download anything, received nine takedown notices:

The researchers rigged the software agents to implicate three laserjet printers, which were then accused in takedown letters by the M.P.A.A. of downloading copies of “Iron Man” and the latest Indiana Jones film.

Research, including the paper, here.

Posted on June 9, 2008 at 6:47 AM • View Comments

TPM to End Piracy

Ha ha ha ha. Famous last words from Atari founder Nolan Bushnell:

“There is a stealth encryption chip called a TPM that is going on the motherboards of most of the computers that are coming out now,” he pointed out

“What that says is that in the games business we will be able to encrypt with an absolutely verifiable private key in the encryption world—which is uncrackable by people on the internet and by giving away passwords—which will allow for a huge market to develop in some of the areas where piracy has been a real problem.”

“TPM” stands for “Trusted Platform Module.” It’s a chip that is probably already in your computer and may someday be used to enforce security: both your security, and the security of software and media companies against you. The system is complicated, and while it will prevent some attacks, there are lots of ways to hack it. (I’ve written about TPM here, and here when Microsoft called it Palladium. Ross Anderson has some good stuff here.)

Posted on May 29, 2008 at 6:33 AM • View Comments

How the MPAA Might Enforce Copyright on the Internet

Interesting speculation from Nicholas Weaver:

All that is necessary is that the MPAA or their contractor automatically spiders for torrents. When it finds torrents, it connects to each torrent with manipulated clients. The client would first transfer enough content to verify copyright, and then attempt to map the participants in the Torrent.

Now the MPAA has a “map” of the participants, a graph of all clients of a particular stream. Simply send this as an automated message to the ISP saying “This current graph is bad, block it”. All the ISP has to do is put in a set of short lived (10 minute) router ACLs which block all pairs that cross its network, killing all traffic for that torrent on the ISP’s network. By continuing to spider the Torrent, the MPAA can find new users as they are added and dropped, updating the map to the ISP in near-real-time.

Note that this requires no wiretapping, and nicely minimizes false positives.

Debate on idea here.

Posted on February 11, 2008 at 1:24 PM • View Comments

My Open Wireless Network

Whenever I talk or write about my own security setup, the one thing that surprises people—and attracts the most criticism—is the fact that I run an open wireless network at home. There’s no password. There’s no encryption. Anyone with wireless capability who can see my network can use it to access the internet.

To me, it’s basic politeness. Providing internet access to guests is kind of like providing heat and electricity, or a hot cup of tea. But to some observers, it’s both wrong and dangerous.

I’m told that uninvited strangers may sit in their cars in front of my house, and use my network to send spam, eavesdrop on my passwords, and upload and download everything from pirated movies to child pornography. As a result, I risk all sorts of bad things happening to me, from seeing my IP address blacklisted to having the police crash through my door.

While this is technically true, I don’t think it’s much of a risk. I can count five open wireless networks in coffee shops within a mile of my house, and any potential spammer is far more likely to sit in a warm room with a cup of coffee and a scone than in a cold car outside my house. And yes, if someone did commit a crime using my network the police might visit, but what better defense is there than the fact that I have an open wireless network? If I enabled wireless security on my network and someone hacked it, I would have a far harder time proving my innocence.

This is not to say that the new wireless security protocol, WPA, isn’t very good. It is. But there are going to be security flaws in it; there always are.

I spoke to several lawyers about this, and in their lawyerly way they outlined several other risks with leaving your network open.

While none thought you could be successfully prosecuted just because someone else used your network to commit a crime, any investigation could be time-consuming and expensive. You might have your computer equipment seized, and if you have any contraband of your own on your machine, it could be a delicate situation. Also, prosecutors aren’t always the most technically savvy bunch, and you might end up being charged despite your innocence. The lawyers I spoke with say most defense attorneys will advise you to reach a plea agreement rather than risk going to trial on child-pornography charges.

In a less far-fetched scenario, the Recording Industry Association of America is known to sue copyright infringers based on nothing more than an IP address. The accuser’s chance of winning is higher than in a criminal case, because in civil litigation the burden of proof is lower. And again, lawyers argue that even if you win it’s not worth the risk or expense, and that you should settle and pay a few thousand dollars.

I remain unconvinced of this threat, though. The RIAA has conducted about 26,000 lawsuits, and there are more than 15 million music downloaders. Mark Mulligan of Jupiter Research said it best: “If you’re a file sharer, you know that the likelihood of you being caught is very similar to that of being hit by an asteroid.”

I’m also unmoved by those who say I’m putting my own data at risk, because hackers might park in front of my house, log on to my open network and eavesdrop on my internet traffic or break into my computers. This is true, but my computers are much more at risk when I use them on wireless networks in airports, coffee shops and other public places. If I configure my computer to be secure regardless of the network it’s on, then it simply doesn’t matter. And if my computer isn’t secure on a public network, securing my own network isn’t going to reduce my risk very much.

Yes, computer security is hard. But if your computers leave your house, you have to solve it anyway. And any solution will apply to your desktop machines as well.

Finally, critics say someone might steal bandwidth from me. Despite isolated court rulings that this is illegal, my feeling is that they’re welcome to it. I really don’t mind if neighbors use my wireless network when they need it, and I’ve heard several stories of people who have been rescued from connectivity emergencies by open wireless networks in the neighborhood.

Similarly, I appreciate an open network when I am otherwise without bandwidth. If someone were using my network to the point that it affected my own traffic or if some neighbor kid was dinking around, I might want to do something about it; but as long as we’re all polite, why should this concern me? Pay it forward, I say.

Certainly this does concern ISPs. Running an open wireless network will often violate your terms of service. But despite the occasional cease-and-desist letter and providers getting pissy at people who exceed some secret bandwidth limit, this isn’t a big risk either. The worst that will happen to you is that you’ll have to find a new ISP.

A company called Fon has an interesting approach to this problem. Fon wireless access points have two wireless networks: a secure one for you, and an open one for everyone else. You can configure your open network in either “Bill” or “Linus” mode: In the former, people pay you to use your network, and you have to pay to use any other Fon wireless network. In Linus mode, anyone can use your network, and you can use any other Fon wireless network for free. It’s a really clever idea.

Security is always a trade-off. I know people who rarely lock their front door, who drive in the rain (and, while using a cell phone) and who talk to strangers. In my opinion, securing my wireless network isn’t worth it. And I appreciate everyone else who keeps an open wireless network, including all the coffee shops, bars and libraries I have visited in the past, the Dayton International Airport where I started writing this and the Four Points Sheraton where I finished. You all make the world a better place.

This essay originally appeared on Wired.com, and has since generated a lot of controversy. There’s a Slashdot thread. And here are three opposing essays and three supporting essays. Presumably there will be a lot of back and forth in the comments section here as well.

EDITED TO ADD (1/15): There has been lots more commentary.

EDITED TO ADD (1/16): Even more commentary. And still more.

EDITED TO ADD (1/17): Two more.

EDITED TO ADD (1/18): Another. In the beginning, comments agreeing with me and disagreeing with me were about tied. By now, those that disagree with me are firmly in the lead.

Posted on January 15, 2008 at 3:33 AM • View Comments

Law Review Article on the Problems with Copyright

Excellent article by John Tehranian: “Infringement Nation: Copyright Reform and the Law/Norm Gap“:

By the end of the day, John has infringed the copyrights of twenty emails, three legal articles, an architectural rendering, a poem, five photographs, an animated character, a musical composition, a painting, and fifty notes and drawings. All told, he has committed at least eighty-three acts of infringement and faces liability in the amount of $12.45 million (to say nothing of potential criminal charges). There is nothing particularly extraordinary about John’s activities. Yet if copyright holders were inclined to enforce their rights to the maximum extent allowed by law, he would be indisputably liable for a mind-boggling $4.544 billion in potential damages each year. And, surprisingly, he has not even committed a single act of infringement through P2P file sharing. Such an outcome flies in the face of our basic sense of justice. Indeed, one must either irrationally conclude that John is a criminal infringer—a veritable grand larcenist—or blithely surmise that copyright law must not mean what it appears to say. Something is clearly amiss. Moreover, the troublesome gap between copyright law and norms has grown only wider in recent years.

The point of the article is how, simply by acting normally, all of us are technically lawbreakers many times over every day. When laws are this far outside the social norms, it’s time to change them.

Posted on November 26, 2007 at 6:54 AM • View Comments

Leaked MediaDefender E-mails

This story is poised to become a bigger deal:

Peer-to-peer (P2P) poisoning company MediaDefender suffered an embarrassing leak this weekend, when almost 700MB of internal company e-mail was distributed on the Internet via BitTorrent. The e-mails reveal many aspects of MediaDefender’s elaborate P2P disruption strategies, illuminate previously undisclosed details about the MiiVi scandal, and bring to light details regarding MediaDefender’s collaboration with the New York Attorney General’s office on a secret law enforcement project. We have been reviewing the data for days and will have multiple reports on the topic.

More info here.

And now, phone calls were leaked. Here’s a teaser—Ben Grodsky of Media Defender talking to the New York State General Attorney’s office:

Ben Grodsky: “Yeah it seems…I mean, from our telephone call yesterday it seems that uhm… we all pretty much came to the conclusion that probably was ehm… caught in the email transmission because the attacker, I guess what you call, the Swedish IP, the attacker uhm… knew the login and the IP address and port uhm… but they weren’t able to get in because we had changed the password on our end, you know, following our normal security protocols uhm… when we are making secure transactions like these on the first login we’ll change the password so, obviously, well not obviously but, it seems that, most likely scenario is that, at some point that email was ehm… intercepted.

You know just because it is,.. probably it was going through the public Internet and there wasn’t any sort of encryption key used to ehm… protect the data in that email.”

Ben Grodsky: “…if you guys are comfortable just communicating with us by phone, anything that is really really sensitive we can just communicate in this fashion…”

Ben Grodsky: “OK [confused, taking notes]. So, you are gonna disable password authentication and enable public key?”

Ben Grodsky: “…that part has… has not been compromised in any way. I mean, the communications between our offices in Santa Monica and our data centers have not been compromised in any way and all those communications to NY, to your offices, are secured. The only part that was compromised was…was the email communications about these things.”

Ben Grodsky: “…All we can say for sure Media Defender’s mail server has not been hacked or compromised…”

[Answering to the question “What kind of IDS you guys are running?”]
Ben Grodsky: “Ehm…I don’t know. Let me look into that.”

EDITED TO ADD (9/20): Media Defender’s source code is now available on P2P networks. Actually, I’m feeling sorry for them.

Posted on September 18, 2007 at 12:03 PM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.