* subscribe at http://techPolice.com

Jailed Hacker Could Become First Victim of Bad Law
Copyright 2001 Newsday, Inc.
Newsday (New York, NY)
Clive Thompson

BY NOW, Dmitry Sklyarov is probably wishing he'd never set foot in this country. 
Sklyarov is the latest cause celebre on the Net. He works for a company in Russia 
called Elcomsoft, and two weeks ago he went to the Defcon-9 hacker conference in Las 
Vegas to do a presentation on a program he'd written called the Advanced eBook 
Processor (www.elcomsoft.com/aebpr.html).

Then the FBI tossed him in jail.

Whatever for? Well, it all centers around that little program he wrote - and the 
increasingly nasty politics of digital copyright.

His program decrypts any e-books made using Adobe's new e-book technology 
(www.adobe.com). Ordinarily, when you buy an Adobe e-book, it's encrypted so that you 
can read it only on the computer where you originally download it. You can't transfer 
it to a new computer. Adobe thinks this is essential to prevent people from pirating 
the book.

But the Elcomsoft guys argued it wasn't fair. If you've bought the e-book, they 
figured, you ought to be able to treat it precisely the way you treat an ordinary book 
- move it around, lend it to a friend, resell it, whatever. With normal books, you're 
legally allowed to do all of those things. So why not with e-books? Hence their 
software: Once you've decrypted the book, you can move it around as you would any 
other electronic document.

As you might expect, Adobe flipped out over this. And the company had a powerful tool 
as a weapon: the Digital Millennium Copyright Act, which was passed in 1998 to offer 
enhanced protection to creators of intellectual works (thomas.loc.gov/cgi-bin/ 
cpquery/z?cp105:hr796:). Those works can include software. In fact, the federal law 
makes it illegal to write - and sometimes even to discuss - software that circumvents 
security protocols. It carries a fine of up to $500,000 and five years in jail.

So when Adobe found out that Sklyarov was coming to town, company heads called the FBI 
and fingered him. They even helpfully pointed out his location.

All of which illustrates just how how weirdly dangerous that legislation is turning 
out to be.

The Digital Copyright Act offers an absolutely stunning amount of power to 
corporations. Sure, they ought to be able to protect their copyrights. But they 
shouldn't be able to call in the FBI as attack dogs. And they certainly shouldn't be 
able to curtail research and discussion into encryption, which is partly where all 
this is heading.

Earlier this year, the music industry used the law to prevent a Princeton academic 
from even talking about ways to break music-encryption technology.

This is so very bad that even Adobe has realized that it overreacted. In the face of 
several vociferous online boycott campaigns, such as the one being waged at 
www.boycottadobe.com, Adobe last week backpedalled and began calling for Sklyarov's 
release.

Too late, though.

As of my writing this, the FBI still hasn't released Sklyarov. Once you get federal 
agents involved, pride and inertia are involved. Sklyarov may well go down in history 
as the first guy to get sentenced under the law.

I doubt, in his prison cell, that he savors the honor.

============================================================
Tips and tricks, introductions to breaking technologies,
Updates on proven software tools, new ideas for old problems.
Find it all in the developerWorks newsletter.
http://click.topica.com/caaacCMb1dhr0b2EDp2f/developerWorks
============================================================

--via http://techPolice.com
archive: http://theMezz.com/cybercrime/archive
subscribe: [EMAIL PROTECTED]
--via http://theMezz.com

==^================================================================
EASY UNSUBSCRIBE click here: http://topica.com/u/?b1dhr0.b2EDp2
Or send an email To: [EMAIL PROTECTED]
This email was sent to: archive@jab.org

T O P I C A -- Register now to manage your mail!
http://www.topica.com/partner/tag02/register
==^================================================================



Reply via email to