Declan McCullagh wrote:
What makes you, Incognito, believe the DMCA may "criminalize" the publication of a scientific paper? What makes you believe that Niels Ferguson's worry was not hyperbole, or a PR stunt designed to garner press? What makes you think that a scientific paper would generate even civil liability?
Well, I spent quite a bit of time talking to lawyers about this very issue, and unfortunately, it does not appear to be mere hyperbole. As much as I'd prefer to believe this is nothing more than hyperbole, the legal experts told me to take this issue very seriously, and I am. As far as I can figure, it seems unlikely that publishing a scientific paper would be fall under the criminal provisions of the DMCA, so "criminalize" is probably inaccurate. However, the potential liability in a civil suit appears to be a significant concern. The key is 1201(b), providing a "technology ... or component thereof", etc., etc. Is a scientific paper that merely describes how to build a circumvention device a "technology or component thereof"? It's simply not clear. The lawyers don't seem to be able to confidently predict how such a case would turn out (and I spoke to several). In other words, there appears to be a real, but unquantifiable risk -- a risk to scientists that cannot be lightly dismissed. Given this risk, I've decided I cannot afford to continue to work in the area of copy protection as long as the uncertainty remains. And how in good conscience can I advise students working with me to work in this troubled area? I can't.