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What Every Citizen Should Know About DRM, aka - Public Knowledge

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II. <strong>What</strong> Does <strong>DRM</strong> Look Like?sion broadcasts. To protect the effectiveness of this,we need a mandate on all demodulator-containingdevices. But this is pointless unless we impose additionalmandates on all of the devices that might be“downstream” 25 from the demodulator. Becausethere are so many types of downstream devices, wemust incorporate by reference a set of othercopy-protection technologies. <strong>What</strong> started outas a “simple” broadcast flag scheme ends up includinga range of copy-protection technologies, andwhat started out applying only to digital televisiondemodulators must, to have any hope of even beingeffective at all, up applying to virtually all digitalvideo equipment, personal computers, and personal-computersoftware. 26This expanding-mandatephenomenon is to beWatermarking, like otherexpected with “marking”labeling approaches to approaches generally. Anytechnology mandate coverscontent protection, a limited set of devices andsituations, and the devicesrequires device-makers to at the edge of this coveragetend to become loopholesthrough which theredesign their products.content can escape. Thenatural response is towiden the coverage area to address the loopholes -but this tends only to moves the boundary ratherthan eliminating it.Arguably, then, the only mandate that mightclaim to be truly effective is one that expands toreach the entire universe of digital devices—ineffect, it requires a massive universal redesign of digitaltechnologies that might be used to capture, copy,and redistribute content labeled by the “broadcastflag.” Efforts to “cabin” the effect of the broadcastflagscheme by limiting it to certain classes of digitaldevices (digital TV receivers, set-top boxes, and personalvideo recorders, for example) may limit theextent to which IT companies and others must complywith such mandates, but at the price of increasingthe risk that the marking scheme will besidestepped, either by current or future digital toolsthat aren’t covered by the scheme. 28 This developmentwould render a “cabined” mandate and relatedexpenses a relatively useless and costly exercise.The Risk of Premature Deployment of a Watermark-BasedSchemeAs discussed supra, watermarking remains anunsolved area of scientific research and debate,with many fundamental open problems. No completelysatisfactory watermarking techniques haveyet been developed for the audio, video, or textdomains, nor is it certain that a sufficiently secure,robust and invisible marking technology could bedeveloped in the foreseeable future. It would bevery risky, at present, to deploy systems (or to baseregulatory structures) that depend for their securityor viability on the highly speculative assumptionthat a practical watermarking scheme will be ableto be developed. <strong>Should</strong> an adequate watermarkingtechnique be invented, however, it would likelyplay a role in several aspects of copy protection andenforcement.At least two applications of digital watermarkingtechnology relate to <strong>DRM</strong>. The first is contentlabeling, in which the content owner aims to identifyprotected material and specify permissible usesand copying restrictions. The second is serialization,which aims to mark material with a uniqueserial number or message that identifies theauthorized end user and thereby provide evidenceof the source of illegal copying.Neither content labeling nor serialization is sufficientby itself to prevent illegal copying, however.Both approaches require that various parts of thecontent distribution process be “trusted” andsecured against unauthorized access. It is theoreticallypossible that a practical system might bebased on either, or both, approaches, but such apractical system would impose certain requirementson device-makers and other industries thatenable the playback of digital content.Systems based exclusively on content labelingrequire that all devices that use restricted materialwill read the label and refuse to act in a mannerthat is contrary to the restrictions encoded in thelabel. Furthermore, each system component mustcontain all the necessary keys to access the protectedcontent. In addition, the required trustedsystem components include essentially any enduserequipment that must process labeled content.This last requirement is an ambitious one, since it16

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