5 ms·
Here's a quote from the draft that I particularly like: > The providers of electronic communications services shall ensure that there is sufficient protection
by r3bl 9y ago
Here's a quote from the draft that I particularly like:
> The providers of electronic communications services shall ensure that there is sufficient protection in place against unauthorised access or alterations to the electronic communications data, and that the confidentiality and safety of the transmission are also guaranteed by the nature of the means of transmission used or by state-of-the-art end-to-end encryption of the electronic communications data. Furthermore, when encryption of electronic communications data is used, decryption, reverse engineering or monitoring of such communications shall be prohibited. Member States shall not impose any obligations on electronic communications service providers that would result in the weakening of the security and encryption of their networks and services.
- josteink 9y ago> Furthermore, when encryption of electronic communications data is used, decryption, reverse engineering or monitoring of such communications shall be prohibited. Member States shall not impose any obligations on electronic communications service providers that would result in the weakening of the security and encryption of their networks and services. If I'm going to play devil's advocate, this sounds like a European DMCA in the sense that it will prohibit removal of DRM, and tools which assist such removal.
- dannyobrien 9y agoThere's already a European DMCA -- the Copyright Directive, which was introduced in 2001. See https://en.wikipedia.org/wiki/Copyright_Directive#Technological_protection_measures https://en.wikipedia.org/wiki/Copyright_Directive#Technologi...
- shubb 9y agoI worry how that wording will work for security researchers exposing badly implemented roll your own encryption systems. Or opensource client applications for proprietary messaging systems, though those get rarer these days.
- marcus_holmes 9y agoUnless they're Member States, they should be OK
- johnchristopher 9y agoWhy wouldn't it apply to private entities ?
- derefr 9y agoGiven that the next sentence is about "Member States", I think the sentence before it is as well—it's the member state['s government, or any contractor acting on its behalf] who is "prohibited" here from "reverse engineering or monitoring" encrypted communications. In other words, this would constitute a ban on domestic SIGINT operations ala PRISM.
- lloeki 9y agoAlso, "when encryption of electronic communications data" would have to be interpreted in a very twisted way to apply to DRM of IP content (be it software or art)
- derefr 9y agoIt would need to be twisted indeed to apply to DRMed games, sure. On the other hand, I could see streaming video from Netflix being "encrypted communication", where the "recipient" is your HDCP television, and breaking the trusted media path between the two would count as "reverse engineering or monitoring" the signal. If, of course, these lines were meant to apply to something other than the Member States themselves. :)
- Freak_NL 9y agoIt would depend on the legal definition of recipient used. If I — as a natural person — am the recipient, than decrypting that stream would not be unlawful. Even if my TV is the 'recipient', I, as its legal owner, am probably still in the clear.
- cyphar 9y agoConsidering the level of mental gymnastics necessary to produce the current model of "intellectual property", there is definitely room for concern that you may end up with software which you do not own that is considered the recipient. Think a proprietary streaming service client which you pay to have a license to use. Combine it with enough layers of HDCP and shitty illegal-to-break crypto and they'll have managed to plug your analog holes.
- rwmj 9y agoBy the time the lobbyists and policy launderers have got to it, it'll be "you shall not remove DRM, and everything else must have a back door".
- jacquesm 9y agoThe context seems to be communications between citizens, not media playback.
- deleted 9y ago[deleted]
- sklivvz1971 9y agoDMCA applies to first parties and to anything which could be defined as "encryption". This should apply to state-of-the-art encryption and only to third parties.