[ISN] Security research exemption to DMCA considered

From: InfoSec News (isnat_private)
Date: Tue May 13 2003 - 22:17:17 PDT

  • Next message: InfoSec News: "[ISN] Taiwan braces for Chinese hacker onslaught"

    http://www.securityfocus.com/news/4729
    
    By Kevin Poulsen
    SecurityFocus 
    May 13 2003 
    
    Computer security researchers would be allowed to hack through copy
    protection schemes in order to look for security holes in the software
    being protected, under a proposed exception to the Digital Millennium
    Copyright Act (DMCA) being debated in official hearings this week.
    
    Enacted as an anti-piracy measure in 1998, after fierce lobbying from
    the motion picture and recording industries, the DMCA's
    anti-circumvention provision generally makes it unlawful for anyone to
    "circumvent a technological measure that effectively controls access"  
    to DVD movies, digital music, electronic books, computer programs, or
    any other copyrighted work. To do so for commercial advantage or
    personal profit is a felony carrying up to five years in prison.
    
    But Congress built a safety-valve of sorts into the law, giving the
    U.S. Copyright Office - part of the Library of Congress - the power to
    create exceptions to the DMCA to protect legitimate, non-infringing
    uses of copyrighted material. In October, 2000, when the law took full
    force, the office carved out two narrow exemptions: one allowing
    researchers to crack so-called "censorware" applications to learn what
    websites they block, and a second exemption for old computer programs
    and databases rendered unusable by a defective or obsolete access
    control mechanism.
    
    To that list, the Association for Computing Machinery (ACM) would like
    to add an exemption permitting white hat hackers to crack copy
    protection schemes "that fail to permit access to recognize
    shortcomings in security systems, to defend patents and copyrights, to
    discover and fix dangerous bugs in code, or to conduct forms of
    desired educational activities."
    
    "I'm going to argue that the [current] exemptions aren't sufficient,
    because we're having security people threatened," says ACM's Barbara
    Simons.
    
    In 2000, a recording industry standards group used the threat of a
    DMCA lawsuit to block Princeton University professor Ed Felten from
    publishing a paper on weaknesses in a digital audio watermarking
    scheme. The group quickly retracted that threat, and similar cases are
    rare, but Simons says the DMCA still casts a shadow over the academic
    security community in a more subtle form, discernable in outline.  
    "It's much harder to document what doesn't get written, what doesn't
    get published," says Simons. "But it's had a very chilling effect,".
    
    The current exemptions expire in October of this year, unless the
    Copyright Office chooses to reestablish them. The office took
    testimony on that question, and on proposals for additional
    exemptions, earlier this month in Washington D.C., and will hold a
    final round of public hearings in Los Angeles on Wednesday and
    Thursday of this week.
    
    Simons, who's testifying Wednesday, indicated she'll argue the
    computer security exemption as a homeland security issue: independent
    software security research is more important than ever, she says. "The
    bad guys aren't going to publish the results, they're just going to
    exploit them... We should be eliminating the laws that encourage
    insecurity."
      
    <tipsat_private>
    
     
    
    
    -
    ISN is currently hosted by Attrition.org
    
    To unsubscribe email majordomoat_private with 'unsubscribe isn'
    in the BODY of the mail.
    



    This archive was generated by hypermail 2b30 : Wed May 14 2003 - 00:29:06 PDT