HDCP break and DMCA

[Incognito Innominatus]

Congratulations to Ian Goldberg, David Wagner and other cryptographers
for publishing a break of the HDCP standard for encrypting video data.
This was intended to be used between HDTV decoders and displays, for
example, to allow digital communication between them in encrypted form so
that it could not be captured and shared.  The paper by Crosby et al at
http://nunce.org/hdcp/hdcp111901.htm is a thorough break of the system,
which unfortunately is not fielded yet so you can't use the exploit to
steal HDTV.

The big question is what about the Digital Millennium Copyright Act,
which potentially criminalizes such research?  We heard a great deal this
past summer about what a threat the DMCA was to legitimate cryptographic
research, and about how the exemptions in the DMCA weren't worth
the paper they were printed on.  One cryptographer, Niels Ferguson,
refused to publish his break for fear of prosecution under the DMCA,
http://www.wired.com/news/politics/0,1283,46091,00.html.

It would be interesting to hear the perspective of any of the researchers
involved as to whether they are concerned about the DMCA.  Do they view
themselves as creating a possible test case?  Or are they simply going
to ignore the DMCA and go about their lives, doing their work on the
assumption that such a bad law will ultimately not hold up in court?