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echo: osdebate
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from: mike
date: 2007-05-05 09:08:54
subject: AACS LA: Internet `revolt` be damned, this fight is not over

From: mike 


http://arstechnica.com/news.ars/post/20070504-aacs-la-internet-revolt-be-damned
-this-fight-is-not-over.html

===
The chairman of the AACS Licensing Authority (AACS LA, for short) is
neither intimidated nor impressed by the Internet "revolt" of
sorts that took place earlier this week on sites like Digg. When the AACS
used cease-and-desist letters to encourage scores of Internet sites
(including Google) to remove an unencrypted HD DVD key, users responded by
posting it everywhere. Now the AACS LA is out there talking tough, and it's
as if we haven't seen this scenario played out once already before.

What is it they say about history? Those that don't know it are going to
look really clueless when they repeat it? Something like that. AACS, meet
DeCSS. DeCSS, meet your latest imitator.

Such is the lesson that hasn't been learned by Michael Ayers, the chairman
of the AACS LA. Ayers told the BBC that the AACS LA will nevertheless use
technical and legal means to stop the distribution of the key, apparently
ignoring exactly what happens when you attempt to increase your grip on
situations like this: keys start flying out everywhere. And we do mean
everywhere: they're now on t-shirts, one group wrote a song about the key,
and I've had more than a few pictures of new tattoos sent to me (boy, do I
hope those aren't permanent).

Ayers' position on the free speech angle is clear. "A line is crossed
when we start seeing keys being distributed and tools for circumvention.
You step outside of the realm of protected free speech then," he said.
And Ayers may have the law on his side, at least in the US, as the EFF's
Fred von Lohmann explains clearly. AACS LA isn't claiming copyright
protections for the key. Rather, the key could constitute a circumvention
device, which makes it illegal per the DMCA. Until a court has ruled, it's
all speculation of course.

Yet even if the law is on his side, Ayers can hope for nothing more than a
pyrrhic victory.  His misunderstanding of the situation was made clear in a
comment he gave to the EE Times in which he characterizes Digg users as
vandals. "If the local neighborhood gang is throwing rocks at your
house, some people might tell you not to call the police because they will
just throw bigger rocks," Ayers said.

But the bigger point is what happens when you "call the police,"
to continue with his metaphor. Yes, the cops can stop people from throwing
rocks at your house, so you've got to take that risk knowing that those
same kids might retaliate next week. But AACS isn't a house, and encryption
keys aren't rocks. Can "the cops" stop a 16-byte number from
existing online? We can peer into the future and see the answer because
history is, in fact, repeating itself.

Current-generation DVDs are protected by CSS, which is really the father of
AACS in so many ways (except that AACS was supposedly so much more secure).
And like father, like son, CSS was cracked, and the code used to do so was
spread around the 'net.  When Hollywood came running with lawyers and
threats, the code just spread faster. That was 1999. Lawsuits abounded;
lots of money was spent. It's now 2007: guess how many days there were
between now and then in which the DeCSS code couldn't be easily found
online. If you guessed zero, you're right!

Such is the effect of "calling the police" in this situation. The
issue becomes that much more noticeable, tensions and emotions start
running high, and no solution will be found.

The AACS LA has missed the lesson of DeCSS: the Internet holds no secrets.
While one might sympathize with their predicament, the larger lesson to be
learned here is that security based on secrets is truly no more secure than
any other form of security. Once that secret is out, it's game over. The
more you try to stop that secret from spreading, the more likely it is to
spread. The more coveted that secret is, the worse it gets.

When "DVD Jon" was targeted for his involvement of DeCSS, geeks
around the world rallied around him and the idea of DeCSS. If the AACS
isn't careful, they'll simply make another generation of hero out of a
problem they created. What makes it even more deplorable this time is that
it's now 2007, and the writing is on the wall: DRM is a failed idea, and a
waste of time and money.
===


Nothing like laying down a challenge...

 /m

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