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Hacking@Privacy: Anti-Circumvention Laws, DRM and the Piracy of Personal Information |
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This article is a shorter adaptation of “If Left to
Their Own Devices: How DRM and Anti-Circumvention Laws Can Be Used to Hack
Privacy” in M. Geist, In The Public
Interest: Canadian Copyright in a Digital Age (Toronto: Irwin Law,
2005).
In it, I examine Canada’s recently proposed anti-circumvention laws set out
in the former Bill C-60. The proposed
laws would have protected the copyright industries against individuals using
devices to circumvent technological protection measures (TPMs) and digital
rights management systems (DRM). I argue
that the proposed anti-circumvention laws fail to address any aspects of the
privacy implications of DRM, despite the obvious privacy threats that
automation, cryptographic techniques, and other DRM technologies impose. I provide three public policy considerations
in determining an “appropriate balance” for DRM and privacy: (i) the anonymity
principle; (ii) individual access; and (iii) DRM licenses. I conclude by giving three recommendations
that would provide counter-measures necessary to offset the new powers and
protections afforded to TPM and DRM if Canada’s anti-circumvention laws are
implemented as policy: (i) an express provision prohibiting the circumvention
of privacy by TPM/DRM; (ii) an express provision stipulating that a DRM license
is voidable when it violates privacy law; and (iii) an express provision
permitting the circumvention of TPM/DRM for personal information protection
purposes.
A copy of this article is
available for download here 141.45 Kb © 2005.
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CITE AS:
Hacking@Privacy: Anti-Circumvention Laws, DRM and the Piracy of Personal Information (2005) Canadian Privacy Law Review.
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