The Technical and Legal Dangers of Code-Based Fair Use Environment John. S. Erickson & Deirdre K. Mulligan Proceedings of IEEE, vol. 92, NO. 6, June 2004

Chun-Hsiang Huang,DSP Group, CMLab, P. 2 Introduction DRM (Digital Rights Management) –Content providers are given the ability to reliably and deterministically impose rules on end-user experience with various kinds of information resource –DRM technologies increasingly take on the enforcement of organizational and public policies Problems –Will technology-based policy enforcement cause the traditional social policies and common practices to be replaced by rules privately constructed by content owners and system providers? –Can code-based architecture adequately enforce social policies, considering the context of content use and user intentions?

Chun-Hsiang Huang,DSP Group, CMLab, P. 3 Policy Expression Definition of Policy Expression –A persistent declarative specification, derived from management goals, of a rule defining choices in the behavior of a system Persistent Declarative Derived from management goals Technical Forms of Policies –A set of explicit, machine actionable and (usually) human interpretable expressions –Hard-coded in software or hardware

Chun-Hsiang Huang,DSP Group, CMLab, P. 4 General Structure of a Policy

Chun-Hsiang Huang,DSP Group, CMLab, P. 5 Spectrum of Originator Control Modern DRM System

Chun-Hsiang Huang,DSP Group, CMLab, P. 6 User-Side Usage Control

Chun-Hsiang Huang,DSP Group, CMLab, P. 7 A SAML-based Reference Model Security Assertion Markup Language

Chun-Hsiang Huang,DSP Group, CMLab, P. 8 Trusted Policy Enforcement Expression and interpretation of policies comprise only the high-levels of a policy- enforcement regime Policy writers must be sure that computing systems must interpret and enforce the policies deterministically and reliably –Trusted computing platforms are required Next-generation trusted computing environments will be facilitated by using cryptographic techniques such as certificates and signatures

Chun-Hsiang Huang,DSP Group, CMLab, P. 9 Challenge of Coding Copyright Law Undeveloped Policy Languages and Missing Attributes –Only policies that can be reliably reduced to yes/no decisions can be successfully automated –Copyright law is difficult to reduce to code, since its applicability is dependent on various factors such as role, intent, purpose of use…etc. –Current rights expression languages provide no semantic support for anyone other than the copyright holder Automating Enforcement Alters the Policy The Fair Use Problem

Chun-Hsiang Huang,DSP Group, CMLab, P. 10 Challenge of Coding Copyright Law Automating Enforcement Alters the Policy –Even there is general agreement about the scope and application of a rule, automate the enforcement may be problematic –An example: Drivers sometimes must run red lights for reasons that many agree are necessary. –Monitoring/warning system is more flexible than totally prohibition

Chun-Hsiang Huang,DSP Group, CMLab, P. 11 Challenge of Coding Copyright Law The Fair-Use Problem Fair use shall be considered case-by-case, and no authorization is needed in advance!! The U.S. Copyright Act The fair use of a copyrighted work…, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not a infringement of copyright. Non-Exclusive Factors The purpose and character of the use The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for or value of the copyrighted work

Chun-Hsiang Huang,DSP Group, CMLab, P. 12 Technical Architectures for Approximating Fair Use Fair use space shall be reserved in policy- enforcing system Principles that DRM systems shall follow to accommodate fair use –Coding for fair use Making the policy-enforcement regime less rigid Provide a set of preauthorized rules for fair-use users –Key access for fair use An external decision maker is introduced –Mixed fair use structure

Chun-Hsiang Huang,DSP Group, CMLab, P. 13 Problem about the Future of DRM Codes become the ultimate arbiter. There will be no technical provisions that allow the individual to disagree with the system’s determination, even the user may be legal in the right. The unbalance between the copyright holders and the users is still a serious problem.

Chun-Hsiang Huang,DSP Group, CMLab, P. 14 Related Resources and Standards XML SAML XrML XACML ODRL MPEG-21 - Part 5: Rights Expression Language