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I begin the chapter by distinguishing between technological protection measures (TPMs) and digital rights managements (DRM) systems, examining how such technologies are used to enforce corporate copyright policies and express copyright permissions imposed by a DRM through a registration process that requires purchasers to hand over personal information. Given DRM’s extraordinary surveillance capabilities, I argue that anti-circumvention laws must contain express provisions and penalties to protect citizens from organizations using TPMs and DRMs to pirate personal information, engage in excessive monitoring, and preclude people from exercising their right to access and control personal information. In determining an appropriate balance, I introduce three public policy considerations: (i) the anonymity Principle; (ii) individual access; and (iii) freedom from contract. I conclude that these three recommendations would provide the sort of counter-measures necessary to offset the new powers and protections afforded to TPM and DRM.
A preprint of this article is available for download  here 163.50 Kb © 2007. |
CITE AS
"To OBSERVE AND PROTECT? How Digital Rights Management Systems Threaten Privacy and What Policy Makers Should Do About It", forthcoming in Intellectual Property and Information Wealth: Copyright and Related Rights (vol. 1), Edited by Peter Yu, Praeger Publishers, 2007.
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Canada Research Chair in 
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