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DIGITAL RIGHTS MANAGEMENT

Description of issue. The First Amendment gives Americans the right to explore ideas in books, music, and movies without having to identify ourselves. The right to anonymity is a vital foundation stone of our democratic society. Our strong First Amendment tradition protects people with dissenting, unpopular, or controversial ideas.

But the migration of print, music, and images to the Internet has spawned new technologies called "digital rights management" systems (DRM) that infringe upon intellectual freedom. Copyright owners, including the entertainment industry and publishers, are attempting to monitor those who download copyrighted files in order to prevent piracy and ensure payment for their products. In developing DRM systems, they threaten to create technologies that identify those who read, listen to, and view Internet content.

The companies that collect this information will be able to develop profiles of those who access Internet content. And as I've discussed elsewhere in this report, with profiling comes the potential for secondary uses to be made of that data, from marketing to government surveillance.

Looking ahead. Intellectual property scholars point out that copyright and privacy have traditionally been compatible because copyright provisions control public distribution of content. Private use of copyrighted material has been governed by the fair use doctrine, enabling individuals to make limited copies for their own use.

But DRM systems threaten to monitor private use by implementing technologies that capture personally identifiable information for each and every use. A challenge for policymakers and industry is to develop DRM systems that can confirm the eligibility of individuals to access content without identifying the actual user. Another challenge is to preserve the principle of fair use.

 

Read the entire aricle here: http://www.privacyrights.org/ar/Privacy-IssuesList.htm

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