[iwar] [fc:Copy.protection.bill.divides.industry,.Hollywood]

From: Fred Cohen (fc@all.net)
Date: 2001-10-02 05:51:59


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Subject: [iwar] [fc:Copy.protection.bill.divides.industry,.Hollywood]
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Copy protection bill divides industry, Hollywood
 By Junko Yoshida and George Leopold,
EE Times Sep 28, 2001 (12:28 PM)
URL: http://www.eetimes.com/story/OEG20010928S0110

WASHINGTON ‹ A draft copy-protection bill backed by Hollywood
heavyweights is triggering an outcry from PC and consumer electronics
companies who say the legislation would force them to relinquish control
of key system design technologies. 

Written by Sen.  Fritz Hollings of South Carolina, the proposed Security
Systems Standards and Certification Act calls for interactive digital
devices to include security technologies certified by the U.S. 
secretary of commerce.  If approved, the law would be enforceable under
federal regulations and could dramatically alter the way system OEMs
design and develop PCs, TVs, set-tops or other digital appliances with
embedded microprocessors, according to industry sources familiar with
the Hollings proposal. 

The motion-picture industry, with the Disney and Fox studios in the
lead, backs the legislation. 

"This is the best way to protect America's valuable creative works,
which in turn will expand broadband access and Internet use," said Jack
Valenti, president of the Motion Picture Association of America (MPAA). 

But the PC and consumer electronics OEMs are lining up in opposition to
the legislation, which is expected to be the subject of a hearing in
late October before a Senate committee chaired by Hollings.  "The
regulatory system is not constructed to deal with digital product
design.  It only adds an extra layer of complication," said Washington
telecommunications attorney James Burger, who works closely with the
U.S.  computer industry. 

The bill's broad definition of applicable devices and its blank-check
approach to federal development of the standard are said to be two major
concerns. 

"This is a big bill, backed by big companies with big properties.  This
could change forever the way you and I watch TV over the next 25 to 50
years," warned a consumer electronics executive who asked not to be
identified. 

Vendors fear the bill could hobble system OEMs and consumers by tightly
circumscribing the way airwave broadcasts are enabled, watched, recorded
and played back.  "We are not in the business of making a video recorder
to give Disney the authority to turn it on or off," said another
consumer electronics executive based in Washington. 

Hollings' Senate Commerce, Science and Transportation Committee
postponed a hearing on the security legislation until later in October. 

The legislation reportedly stems from the studios' frustration with the
lack of consensus thus far among content owners, PC makers and consumer
electronics vendors on copy protection.  Talks have dragged on for
several years, and some movie studios blame the slow digital TV rollout
on the absence of such an agreement ‹ a problem they now believe
Congress should rectify. 

Some security technology experts questioned the soundness of the copy
protection concept itself.  "Copy protection doesn't work, period," said
Bruce Schneier, chief technology officer for Counterpane Internet
Security Inc.  (San Jose, Calif.) and author of Secrets and Lies:
Digital Security in a Networked World.  "The only hope the media
companies have is to push the protection into the hardware.  This works
marginally better.  Hence, the new bill."

Schneier also conjured the specter of control, saying he believes "the
entertainment industry is trying to turn your computer into an Internet
entertainment console, where they, not you, have control over your
hardware and software."

The bill's draft language would make it "unlawful to manufacture,
import, offer to the public, provide or otherwise traffic in any
interactive digital device that does not include and utilize certified
security technologies that adhere to the security system standards." It
does not specify the types of technologies, or how and where they should
be applied.  But it does list the criteria to which the technologies
should adhere, including "reliability, renewability, resistance to
attack, ease of implementation, modularity and applicability to multiple
technology platforms."

The bill would give the private sector 12 months to agree on a standard
or empower the commerce secretary to step in.  If the industry forges an
agreement within the deadline, the Commerce Department would turn it
into a regulation.  If not, the National Institute of Standards and
Technology would determine security system standards. 

The proposed legislation defines "security system technologies" broadly
enough to include almost any security measures, from bit-level and
wired-level protection to platform- and environment-level security,
according to industry sources. 

There is evidence, however, that several Hollywood studios are already
considering the insertion of watermarks carrying certain copy control
information in content released for digital broadcast over the airwaves. 
Current digital consumer electronics systems are not under obligation to
conform to specific conditional-access approaches, since they are
designed to receive free TV broadcasts.  But industry sources said the
studios want makers of such systems to install mechanisms to recognize
these proposed studio watermarks. 

In July, Warner Bros.  and Sony Pictures Entertainment agreed to use the
Digital Transmission Content Protection (DTCP) spec from the Digital
Transmission Licensing Administrator (DTLA).  But MPAA members Disney,
Fox, Universal, MGM and Paramount complained that the DTCP spec lacked
rigor.  They sent a proposal to the DTLA asking that a watermark/copy
control information recognition mechanism be added, said DTLA president
Michael Ayers. 

One official familiar with the DTLA activities asserted that, "at a time
when we are still sorting out such issues, it is highly inappropriate
for the movie studios to take an action to let the Congress steamroll
it."

Even if a watermark scheme is introduced, DTLA sources questioned
whether the DTCP spec is the right place to implement it.  "The DTLA and
its member companies are certainly interested in pursuing Congress' goal
on interindustry solutions," Ayers said.  But he questioned the wisdom
of asking technology companies to stretch their already-limited
resources for copy protection development all the way to Washington. 

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