Silenced Professor Sues SDMI, RIAA
Researcher: Report shows digital music security weakness, but it's no how-to manual.
Scarlet Pruitt, IDG News Service
Wednesday, June 06, 2001
A Princeton professor is suing the Secure Digital Music
Initiative group for blocking his publication of research on
cracking the security of digital music.
Professor Edward Felten and his research team, represented by the Electronic Frontier
Foundation, lodged the suit against the SDMI, the Recording Industry
Association of America (RIAA), watermark technology company Verance (which made one of the watermarks Felten's team cracked), and the U.S. Department of
Justice. Felten and his team said last April they were
threatened with legal action if they presented their findings from a SDMI
hacking challenge.
In a statement posted on its Web site Wednesday, the RIAA said,
"Professor Felten's decision to sue the RIAA and SDMI Foundation is
inexplicable. We have unequivocally and repeatedly stated that we have no
intention of bringing a lawsuit against Professor Felten or his
colleagues."
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The statement goes on to say that Felten and the EFF are using the suit
as a publicity measure and that the RIAA has "no issue with the publication of
the paper."
No one at the SDMI was available for comment Wednesday afternoon.
Breaking the Code
Felten and his team were one of two groups that claimed to have
successfully broken through the digital watermark technology SDMI put forth
during a much-publicized hacking challenge. Felten was scheduled to present the
team's watermark-busting findings and techniques at the Hiding Workshop
conference last April. He chose not to do so after the SDMI sent him a
letter threatening a lawsuit.
SDMI, which is both the name of the organization and the technology it
is attempting to implement to make digital music secure, claimed that by
presenting the findings, Felten and his team would be violating the 1998
Digital Millennium Copyright Act (DMCA), which makes it illegal to provide
technology that bypasses industry controls limiting how consumers can use music
they have purchased.
Felten and the EFF claim that the DMCA stymies academic research and
freedom that First Amendment rights should protect.
The EFF said Wednesday that it is challenging the constitutionality of
the DMCA's antidistribution provisions and is asking the federal court to give
Felten and his team the right to present their research at an USENIX Security
Conference this August, without fearing reprisal from the record industry. The
USENIX association, representing roughly 10,000 computer research scientists,
is also a co-plaintiff in the case.
"We want them to pledge not to take action against the paper and all
future papers as well," EFF Legal Director Cindy Cohn said in a conference call
Wednesday.『It's not appropriate for scientists to have to ask the industry for
permission to present research.』
When asked about the RIAA's claim that it has no issue with the
publishing of the paper, Cohn said that given the association's response to
Felten's initial attempt to publicize his findings, she did not believe that
they wouldn't try to intervene.
"They have made clear that the only way they would agree to it being
presented is if it was substantially dumbed down," Cohn said.
Not a Cracking Blueprint
Although the record industry supposedly wants to keep its technology
secrets out of the hands of the general public, Felten contends that the paper
is not a blueprint for cracking SDMI's technologies.
"The paper would be unintelligible to a lay person," Felten said.
Furthermore, Felten claims that the SDMI and RIAA's alleged efforts to
keep him from publishing his research is a case of shooting the messenger.
"We are not going to change the weaknesses in the technology by
publishing the paper," Felten said.『The technology is weak. It would be widely
defeated, quickly.』
Felten added that the research is not only meant to benefit the
scientific community, but also the record companies.
"If they are buying into this technology, they have a right to know if
it actually works," Felten said.
The SDMI hacking challenge was originally meant to identify holes in the
digital watermark technologies--audio marks in music files--which were intended
to protect copyright materials.
"The record companies want to distribute their music in digital straight
jackets but want to make it illegal to talk about whether their straight
jackets work or not," Cohn said.
DMCA the True Target
The true arrow of the plaintiffs' case is not aimed at the defendants,
however, but at the highly charged subject of the DMCA. The DMCA makes it a
crime to provide information that can sidestep copyright protection devices,
which Felten and his team could be seen as doing by publishing their
research.
The DMCA is also the focal point of another one of the EFF's
high-publicity cases involving a magazine's publishing of a DVD descrambling
source code called DeCSS (De Contents Scramble System).
EFF executives made it clear Wednesday that even if they win the fight
with the record industry to let Felten publish his paper, they will continue to
press against the DMCA.
The DMCA is why USENIX joined the case, saying that the association
feared that it could be held criminally liable for material presented at its
conferences under the act's provisions.
The plaintiffs are hoping to get a decision on the case before the
August USENIX conference. They say that if the decision is delayed, it is
unlikely the research would be presented without a guarantee that the
scientists would be protected from litigation.
It remains to be seen how the case will proceed given the RIAA's claim
that the defendants have no intention of suing the professor or his
colleagues.
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