Out-Law / Your Daily Need-To-Know

The US-based Electronic Frontier Foundation (EFF) has filed a lawsuit on behalf of a Princeton University professor, Edward Felten, against the Recording Industry Association of America, the Secure Digital Music Foundation, Verance, and the US Attorney General. The suit claims the right of Mr Felten to publish aspects of his research into digital security, and challenges the constitutionality of the US Digital Millennium Copyright Act.

Mr Felten’s research grew out of an industry challenge to break security technologies issued by the Secure Digital Music Initiative, a group of music, telecommunications and consumer electronics companies. His team managed to disable five out of six electronic signatures, including a digital watermarking technology owned by Verance. He wants to present his findings at a conference in August.

The 1998 Digital Millennium Copyright Act makes it illegal in the US to offer ways to circumnavigate technology designed to protect copyrighted works. Mr Felten argues that this law is against the Constitutional right to freedom of speech. He wants to stop the possibility of researchers being liable to criminal prosecutions if they discuss such technology and its weaknesses.

The RIAA previously warned Mr Felten that he could be subject to enforcement actions under federal law upon an attempt in April to publish the research. However, industry officials later said they had no intention to sue.

The RIAA has again reiterated that promise, and is quoted by Law.com as calling Mr Felten’s decision to sue “inexplicable”.

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