can a random number be subject to a takedown?

Hal Finney hal at finney.org
Tue May 1 14:52:43 EDT 2007


> My question to the assembled: are cryptographic keys really subject to
> DMCA subject to takedown requests? I suspect they are not
> copyrightable under the criterion from the phone directory
> precedent.

A sample demand letter from the AACS Licensing Authority appears at:

http://www.chillingeffects.org/notice.cgi?sID=03218

>From what I can see, there is no claim that the key is copyrighted.
Rather, the letter refers to the provisions of the DMCA which govern
circumvention of technological protection measures.  It demands that
the key be taken down in order to avoid "legal liability".

This seems odd to me because my understanding of the DMCA's
anti-circumvention provisions is that they are criminal rather than civil
law.  Violations would lead to charges from legal authority and not from a
copyright owner.  So it's not clear that AACSLA has any power to enforce
these demands, other than trying to get some government agency involved.

The letter specifically cites 17 USC 1201(a)2 and (b)1, which can be read
here:

http://cyber.law.harvard.edu/openlaw/DVD/1201.html#a2

Hal Finney

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