[6647] in cryptography@c2.net mail archive
Comments on 1201 and Fair Use
daemon@ATHENA.MIT.EDU (Arnold G. Reinhold)
Wed Feb 23 11:07:00 2000
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Date: Wed, 23 Feb 2000 10:44:23 -0500
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From: "Arnold G. Reinhold" <reinhold@world.std.com>
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=46ebruary 15, 2000
LIBRARY OF CONGRESS
Copyright Office
Washington D.C.
Via E-mail to 1201@loc.gov
Re: Docket No. RM 99-7A
Comments to the U.S. Copyright Office on the Adverse Impact on=20
Noninfringing Uses from the 1201 Prohibition Against Circumvention of=20
Access Control Technologies
I believe Title 17 Chapter 1201 radically shifts the balance of power=20
between information producers and the public. Orwellian is the best=20
word to describe this law. I hope it is completely overthrown on=20
=46irst Amendment grounds, but I realize that I am addressing the=20
Copyright Office, not the Supreme Court. Accordingly I am offering a=20
list of scenarios where 1201, and particularly 1201(a)(1), would=20
undermine basic public rights to access and use information if this=20
law comes into force without limitation.
The New Iron Curtain
Right now China has its own DVD zone. In the future, other repressive=20
governments may insist that media players imported into their=20
territory have a unique zone. Such governments may even demand that=20
imported players only accept media that has a digital signature from=20
a government censor. As new media device come to dominate=20
information commerce, these governments will be able to totally=20
control what movies, songs, political tracts, TV programs and news=20
stories are available to their citizens. Any U.S. citizen who tried=20
to create material that would bypass the censor would violate=20
1201(a)(1).=A0
Acid Paper
CD manufacturers claim that CDs will last 100 years or more. Of=20
course, no CD has been around any near that long. This 100 year claim=20
is based on accelerated aging test, but such tests cannot account for=20
unknown environmental factors or subtile chemical processes that=20
could reduce the lifetimes. DVD have been around for even less time.=20
Other media developed in the future may not even be designed to last=20
that long. Currently copyright lasts for 90 years or more, and that=20
duration may will be extended yet again (we have to protect Mickey=20
Mouse, after all). Any library or collector that discovered its=20
holding were deteriorating could be barred by 1201(a)(1) from doing=20
anything about it until it was much too late. While there are similar=20
issues affecting paper documents, there is at least some technology=20
to retard the deterioration of paper. Digital media is a complete=20
unknown.
8-Track Tape
Some copyright material may be published on new media that ultimately=20
fails in the market place. Libraries and other legitimate owners=20
would have no way to play this material once obsolete players wore=20
out. The original manufacturer might well be bankrupt. Other=20
companies or organizations would be barred by 1201(a)(1) from=20
designing compatible players. A library or other owner that attempted=20
to transfer the information to another, playable medium, would also=20
violate 1201(a)(1). This differs from any existing copyright=20
situation in that here a library might own an intact copy of a work,=20
but is barred from obtaining or creating a device to view that work.=20
Present copyright law might prevent copying an 8-track tape onto a=20
standard audio cassette, but it does not prevent a library from=20
building an 8-track player.
Revisionism Institutionalized
In the past when an organization issued a public statement, it became=20
part of the public record. In the future organizations can issue=20
statements, advertisements, stock solicitations, etc. in the form of=20
protected, time limited documents. If the statement proves to be=20
embarrassing, inconvenient or otherwise problematical, they can=20
simply erase it from their records or even alter it to eliminate the=20
problem or to add exculpatory material. Anyone who kept a readable=20
copy of the original that would catch their fraud, would violate=20
1201(a)(1).
No More John Harvards
Harvard University was named after John Harvard because he donated=20
his library to the fledgling college. In the future scholarly=20
material will be delivered to each professor in a format keyed to the=20
professor's player or smart card. When he or she dies, no one will be=20
able to access his or her lifetime of accumulated material per=20
1201(a)(1).
Giuliani's Fundraising Letter
An issue in the current New York Senate campaign is whether one=20
candidate has espoused positions in his fundraising letters that=20
differ from those he has stated in public. The public certainly has=20
an interest in know about such behavior. In the future, politicians=20
will deliver fund raising material using time limited, copyright=20
protected media. An opposing candidate that attempts to introduce=20
copies into the public debate would violate 1201(a)(1).
The End of the Paper Trail
Already companies are programming internal e-mail systems to erase=20
e-mail from archives after a few months. In the future, companies=20
will distribute internal memos in a time limited electronic format=20
that can only be played on company computers. The software that plays=20
these memos will not permit them to be saved in a neutral format.=20
Any employee who tries to do so will violate 1201(a)(1). This will=20
effectively eliminate the paper trail that is used to prosecute=20
white-collar crime and end whistle blowing as we know it.
There are other scenarios I could come up with: poison pen letters,=20
blackmail, extortion, spouse abuse, etc. I fear we will discover=20
other, more insidious, unintended consequences of this selfish law.
Respectfully submitted,
Arnold Reinhold
