CBDTPA: Yet Another Privacy Concern

by area_51

As if we didn't have enough to worry about today in terms of privacy, Big Brother now wants to have the capability to "put a cop in every computer."

In the Consumer Broadband and Digital Television Promotion Act (S 2048 IS), Senator Fritz Hollings (D) of South Carolina has proposed a bill that would force the computer and consumer electronics industry to place a copy-protection mechanism in any device which "reproduces, displays or retrieves or accesses any kind of copyrighted work."

This definition would allow for all computers, MP3 players, TV sets, cable boxes, VCRs, DVD players, digital cameras, stereo systems, CD burners, and scanners, not to mention a host of other devices, to be subject to the regulation of the government.

Every device would be required to have firmware or software that would prevent copies of copyrighted material from being made, or else the sale of the device would be declared illegal.

"The private sector needs a nudge.  The goyernment can provide that nudge," Senator Hollings said to the Senate during a March 21, 2002 hearing on the bill.  "We will empower government enforcement so that all consumer devices comply.  If they don't, the government... will have to step in."

Such developments will make new laws such as the DMCA easier and easier to enforce, and sets a dangerous precedent for the future.  Besides, the government doesn't need to give the private sector a "nudge."  Is the government losing money due to piracy?  No.  The private sector is, and it is the private sector that should negotiate among themselves and come to a reasonable solution.

I am in no way advocating piracy.  But I worry that such a law will infringe upon my everyday entertainment activities and my privacy.  Looking over a transcript of Mr. Holling's speech, I note he did not use the word privacy once in the entire document, and it seems to not be a concern of his.

While his recommendations call for a device that would block the ability to copy or access illegally copied content, a prototype device or concept has not even been conceived.  The bill could very easily be amended in the future so that the device would report back the copyright infringing activities of a particular user, and this concept could be further exploited still.

The senator states that "The legislation specifies that no copy protection technology may prevent consumers from making a personal copy for lawful use in the home of non pay-perview television programming.  I want to be clear on this point; no legislation can or should pass Congress in this area that does not seek to protect legitimate consumer copying and fair use practices."

However, I am very skeptical of infringements of rights not occurring.  What if I want to copy a (legally purchased) music CD, for example, to my hard drive, and then burn a different mix of songs (including some from the CD I copied) onto a new CD.

How would the software or firmware enforcing the copyright laws know that my new CD isn't violating a copyright?  I suppose that it could only allow me to burn the song once.  But what if I want to burn the song again to a different CD, to create a different mix of songs?  How would the software know that I am not giving the CD to a coworker or friend?

How about DVDs?  In several years DVD burners will be available at a low cost, and these devices will inevitably have such enforcement measures packaged with them if this bill is passed (it provides a year from the date it is passed to have a final plan ready and implemented by the private sector).

Let's say I have a DVD movie and I want to copy it for backup purposes (i.e., if the original were ever to become scratched beyond repair, destroyed, or lost), how will the software know that I am making a backup copy and not making a copy of a DVD I rented at my local Blockbuster and then returned, or that I am not giving the copy to a friend?

There are hundreds more scenarios that would apply to such a bill.  Consider even the DeCSS case - one of the points in the case was that DVDs could not be played on Linux systems without the DeCSS code.  A law such as this would enable further restrictions, causing even greater problems with compatibility.

Then again, we as hackers would more than likely find a way to circumvent this technology for legal purposes.  But the bill strictly prohibits the alteration or disabling of any copy-protective device.  Soon the nation's jails will be littered with hundreds, if not thousands, of such people and this will cause additional negativity and illicit activities to be associated with hackers.

The dangers of such a technology surely outweigh the benefits for consumers.  Even Rhett Dawson, the president of the Information Technology Industry Council, told Wired, "We don't think this will help consumers use technology to enjoy movies or other content more.  If it were enacted it could stand in the way of consumers enjoying the benefits of innovation by having the government make decisions that are best left to the marketplace."

In addition, the bill will also regulate digital TV signals.

So what can be done about the bill?

It is still in Congress, so I urge you to contact your congressional representative.

You may leave a message for the Senate Judiciary Committee at: judiciary.senate.gov/special/input_form.cfm?comments=1

If you go to www.digitalconsumer.org/cbdtpa/cbdtpa-inf.html, - you will be able to send an automatic fax to Congress.

You may monitor additional progress made on the bill and its current status at THOMAS (Library of Congress) by entering in the bill's full name or number (both included in the opening paragraph of this document).  You may also view a full copy of the bill at the site.