1201 "effectively controls access" (was Re: password-cracking by journalists...)
Karsten M. Self
kmself at ix.netcom.com
Mon Jan 21 18:06:17 EST 2002
on Mon, Jan 21, 2002 at 09:55 AM -0500, Trei, Peter (ptrei at rsasecurity.com) wrote:
> > Karsten M. Self[SMTP:kmself at ix.netcom.com] writes:
> >
> > Note that my reading the language of 1201 doesn't requre that the work
> > being accessed be copyrighted (and in the case of Afghanistan, there is
> > a real question of copyright status), circumvention itself is
> > sufficient, regardless of status of the specific work accessed:
>
> > 17 USC 1201(a)(1)(A):
> > No person shall circumvent a technological measure that
> > effectively controls access to a work protected under
> > this title.
>
> I'm sure I'm picking nits here (and I praise God every day that
> I Am Not A L*wy*r), but what does 'effectively' mean? If it can be
> broken, was it effective? What level of work is required to make
> it an 'effective technological measure'? If the standard is 'anything,
> including rot13', then why is the word present in the rule at all?
>
> Technological measures can range from violating the CDROM
> standard and introducing deliberate errors to confuse some
> readers, all the way up to full real-time, online, 3-factor
> authentication.
>
> The inclusion of the word 'effectively' presumes the existance of
> 'ineffective' technological measures, which it would be no crime
> to circumvent. Where, then, is the distinction?
>
> I'm reminded of a humorous button I've seen at some SF
> conventions: "Anything not nailed down is legally mine. Anything
> I can pry up wasn't nailed down in the first place."
I'd taken some time to run 'round that logical circle myself. I believe
the NY 2600 case dealt with this issue. Kaplan, at least, wasn't
convinced. I've attached Wendy Seltzer's comments to the dvd-discuss
list.
Peace.
--
Karsten M. Self <kmself at ix.netcom.com> http://kmself.home.netcom.com/
What part of "Gestalt" don't you understand? Home of the brave
http://gestalt-system.sourceforge.net/ Land of the free
We freed Dmitry! Boycott Adobe! Repeal the DMCA! http://www.freesklyarov.org
Geek for Hire http://kmself.home.netcom.com/resume.html
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