November 29, 2024

"Censorship" Bill Lifts Ban on Speech

The House has now joined the Senate in passing the Family Movie Act; the Act is almost sure to be signed into law soon by the President. (The Act is bundled with some unrelated provisions into a multi-part bill called the Family Entertainment and Copyright Act. Here I’ll focus only on Section 201, called the Family Movie Act, or “FMA”.)

Some people who haven’t read the FMA, or haven’t thought carefully enough about what it says, decry it as censorship. In fact, it is best understood as an anti-censorship proposal.

The Register, under the headline “Congress legalizes DVD Censorship” summarizes the FMA as follows:

It will soon become legal to alter a motion picture so long as all the sex, profanity, and violence have been edited out, thanks to a bill called the Family Movie Act…

Let’s look at what the FMA actually says:

[The following is not an infringement of copyright:]

the making imperceptible, by or at the direction of a member of a private household, of limited portions of audio or video content of a motion picture, during a performance in or transmitted to that household for private home viewing, from an authorized copy of the motion picture, or the creation or provision of a computer program or other technology that enables such making imperceptible and that is designed and marketed to be used, at the direction of a member of a private household, for such making imperceptible, if no fixed copy of the altered version of the motion picture is created by such computer program or other technology.

There is nothing here (or elsewhere in the FMA) that says you can only skip the dirty bits. The FMA says that you can skip any portions of the movie you like, as long as the portions you skip are “limited”. You can skip the clean parts if you want, as long as they make up only a limited portion, which may be the case for some movies. If the motion picture has commercials in it, you can skip the commercials. If you don’t like the soccer scenes in “Bend It Like Beckham”, you can watch the movie without them.

The soccer-free version of “Bend It Like Beckham” is speech. The FMA allows that speech to occur, by preventing a copyright owner from suing to block it. And the FMA does this in an ideal way, ensuring that the copyright owner on the original work will be paid for the use of their work. That’s the purpose of the “from an authorized copy” and “no fixed copy” language – to ensure that a valid copy of the original work is needed in order to view the new, modified work.

Let’s review. The FMA prevents no speech. The FMA allows more speech. The FMA prevents private parties from suing to stop speech they don’t like. The FMA is not censorship. The FMA prevents censorship.

Berkeley to victims of personal data theft: "Our bad"

Last week I and 98,000 other lucky individuals received the following letter:

University of California, Berkeley
Graduate Division
Berkeley, California 94720-5900

Dear John Alexander Halderman:

I am writing to advise you that a computer in the Graduate Division at UC Berkeley was stolen by an as-yet unidentified individual on March 11, 2005. The computer contained data files with names and Social Security numbers of some individuals, including you, who applied to be or who were graduate students, or were otherwise affiliated with the University of California.

At this time we have no evidence that personal data were actually retrieved or misused by any unauthorized person. However, because we take very seriously our obligation to safeguard personal information entrusted to us, we are bringing this situation to your attention along with the following helpful information.

You may want to take the precaution of placing a fraud alert on your credit file. This lets creditors know to contact you before opening new accounts in your name. This is a free service which you can use by calling one of the credit bureau telephone numbers:

Equifax 1-800-525-6285     Experian 1-888-397-3742     Trans Union 1-800-680-7289

To alert individuals that we may not have reached directly, we have issued a press release describing the theft. We encourage you to check for more details on our Web site at http://newscenter.berkeley.edu/security/grad. The following Web sites and telephone numbers also offer useful information on identity theft and consumer fraud.

California Department of Consumer Affairs, Office of Privacy Protection:
http://www.privacy.ca.gov/cover/identitytheft.htm

Federal Trade Commission’s Website on identity theft: http://www.consumer.gov/idtheft/

Social Security Administration fraud line: 1-800-269-0271

Unfortunately, disreputable persons may contact you, falsely identifying themselves as affiliated with US Berkeley and offer to help. Please be aware that UC Berkeley will only contact you if you ask us, by email or telephone, for information. We recommend that you do not release personal information in response to any contacts of this nature that you have not initiated.

UC Berkeley deeply regrets this possible breach of confidentiality. Please be assured that we have taken immediate steps to further safeguard the personal information maintained by us. If you have any questions about this matter, please feel free to contact us at or toll free at 1-800-372-5110.

Sincerely,
Jeffrey A. Reimer
Associate Dean

In a few days I’ll post more about my experience with the “fraud alert” procedure.

UPDATE 11:45pm – I should add that I gave Berkeley my ‘personal data’ when I applied to their computer science PhD program in 2003. (I ended up at Princeton.) Why, two years later, are they still holding on to this information?

Why Does Anybody Believe Viralg?

A story is circulating about a Finnish company called Viralg, which claims to have a product that “blocks out all illegal swapping of your data”. There is also a press release from Viralg.

This shows all the signs of being a scam or hoax. The company’s website offers virtually nothing beyond claims to be able to totally eradicate file swapping of targeted files. The “Company” page has no information about the company or who works for it. The “Customers” page does not mention any specific customers. The “Testimonials” page has no actual testimonials from customers or anybody else. The “Services” page refers to independent testing but gives no information about who did the testing or what specifically they found. The “Contacts” page lists only an email address. There is no description of the company’s technology, except to say that it is a “virtual algorithm”, whatever that means. Neither the website nor the Viralg press release nor any of the press coverage mentions the name of any person affiliated with Viralg. The press release uses nonsense technobabble like “super randomized corruption”.

The only real technical information available is in a patent application from Viralg, which describes standard, well-known methods for spoofing content in Kazaa and other filesharing networks. If this is the Viralg technology, it certainly doesn’t provide what the website and press release claim.

My strong suspicion is that the headline on the Slashdot story – “Finnish Firm Claims Fake P2P Hash Technology” – is correct. But it’s not the hashes that look fake, it’s the technology.

Next-Gen DVD Encryption: Better, but Won't Stop Filesharing

Last week, specifications were released for AACS, an encryption-based system that may be used on next-generation DVDs. You may recall that CSS, which is currently used on DVDs, is badly misdesigned, to the point that I sometimes use it in teaching as an example of how not to use crypto. It’s still a mystery how CSS was bungled so badly. But whatever went wrong last time wasn’t repeated this time – AACS seems to be very competently designed.

The design of AACS seems aimed at limiting entry to the market for next-gen DVD players. It will probably succeed at that goal. What it won’t do is prevent unauthorized filesharing of movies.

To understand why it meets one goal and not the other, let’s look more closely at how AACS manages cryptographic keys. The details are complicated, so I’ll simplify things a bit. (For full details see Chapter 3 of the AACS spec, or the description of the Subset Difference Method by Naor, Naor, and Lotspiech.) Each player device is assigned a DeviceID (which might not be unique to that device), and is given decryption keys that correspond to its DeviceID. When a disc is made, a random “disc key” is generated and the video content on the disc is encrypted under the disc key. The disc key is encrypted in a special way and is then written onto the disc.

When a player device wants to read a disc, the player first uses its own decryption keys (which, remember, are specific to the player’s DeviceID) to unlock the disc key; then it uses the disc key to unlock the content.

This scheme limits entry to the market for players, because you can’t build a player without getting a valid DeviceID and the corresponding secret keys. This allows the central licensing authority, which hands out DeviceIDs and keys, to control who can make players. But there’s another way to get that information – you could reverse-engineer another player device and extract its DeviceID and keys, and then you could make your own players, without permission from the licensing authority.

To stop this, the licensing authority will maintain a blacklist of “compromised” DeviceIDs. Newly manufactured discs will be made so that their disc keys can be unlocked only by DeviceIDs that aren’t on the blacklist. If a DeviceID is added to the blacklist today, then players with that DeviceID won’t be able to play discs that are manufactured in the future; but they will still be able to play discs manufactured in the past.

CSS used a scheme rather like this, but there were only a few distinct DeviceIDs. A large number of devices shared a DeviceID, and so blacklisting a DeviceID would have caused lots of player devices in the field to break. This made blacklisting essentially useless in CSS. AACS, by contrast, uses some fancy cryptography to increase the number of distinct DeviceIDs to about two billion (2 to the 31st power). Because of this, a DeviceID will belong to one device, or at most a few devices, making blacklisting practical.

This looks like a good plan for controlling entry to the market. Suppose I want to go into the player market, without signing a license with the licensing authority. I can reverse-engineer a few players to get their DeviceIDs and keys, and then build those into my product. The licensing authority will respond by figuring out which DeviceIDs I’m using, and revoking them. Then the players I have sold won’t be able to play new discs anymore, and customers will shun me.

This plan won’t stop filesharing, though. If somebody, somewhere makes his own player using a reverse-engineered DeviceID, and doesn’t release that player to the public, then he will be able to use it with impunity to play or rip discs. His DeviceID can only be blacklisted if the licensing authority learns what it is, and the authority can’t do that without getting a copy of the player. Even if a player is released to the public, it will still make all existing discs rippable. New discs may not be rippable, at least for a while, but we can expect new reverse-engineered DeviceIDs to pop up from time to time, with each one making all existing discs rippable. And, of course, none of this stops other means of ripping or capturing content, such as capturing the output of a player or infiltrating the production process.

Once again, DRM will limit competition without reducing infringement. Companies are welcome to try tactics like these. But why should our public policy support them?

UPDATE (11:30 AM): Eric Rescorla has two nice posts about AACS, making similar arguments.

Texas Bill Would Close Meetings About Computer Security

A bill (HB 3245) introduced in the Texas state legislature would exempt meetings discussing “matters relating to computer security or the security of other information resources technologies” from the state’s Open Meetings Act.

This seems like a bad idea. Meetings can already be closed if sufficient cause is shown. The mere fact that computer security, or matters relating to it, will be discussed should not in itself be sufficient cause to close a meeting. Computer security is a topic on which Texas, or any state or national government, needs all the help it can get. The public includes many experts who are willing to help. Why shut them out?

The bill is scheduled for a hearing on Monday in the Texas House State Affairs Committee. If you live in Texas, you might want to let the committee members know what you think about this.

(Thanks to Adina Levin for bringing this to my attention.)