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 From : Sergey Lentsov                       2:4615/71.10   28 Mar 2002  17:36:00
 To : All
 Subject : URL: http://www.lwn.net/2002/0328/
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    - [28]djbdns
 
    Here is the [29]permanent site for this page.
 
    See also: [30]last week's LWN.
 
 Leading items and editorials
 
    The SSSCA under any other name smells just as foul. U.S. Senator
    Ernest Hollings ("the Senator from Disney") has submitted his latest
    payback to the entertainment industry as the "Consumer Broadband and
    Digital Television Promotion Act," which goes under the awkward
    acronym of CBDTPA. This proposed law would have far-reaching effects
    for the free software community, and is thus worth a close look. For
    those wanting more information, a look at [31]the full text of the
    bill is worthwhile. We'll go over the relevant portions here.
 
    The bill begins with a set of 23 "findings," intended to justify the
    new law. They talk about the plight of the poor content providers, who
    just can't bring themselves to make their wares available on the net
    (or via digital television) without guaranteed protection. Current
    protection schemes are inadequate because:
 
      ...those agreements do not prevent the continued use and
      manufacture of digital media devices that fail to incorporate such
      security measures.
 
    In other words, we're being told that the government must step in and
    make content controls mandatory for all "digital media devices." And
    what benefit do they "find" we will get from this?
 
      The secure protection of digital content is a necessary
      precondition to the dissemination, and on-line availability, of
      high quality digital content, which will benefit consumers and lead
      to the rapid growth of broadband networks.
 
    Many of our readers may have been unaware of the fact that any
    problems with the growth rate of broadband networks are due to the
    lack of mandatory copy protection schemes. Or that there is no high
    quality digital content on the net. All we have to do is to turn the
    net into another form of television, and these problems will go away.
 
    Of course, the DMCA, too, was brought in with promises that it would
    enable a flood of wonderful digital products for us to buy...
 
    The core of the CBDTPA is new restrictions on what a "digital media
    device" can do. According to the bill, a "digial media device" is
    (emphasis added):
 
      The term "digital media device" means any hardware or software
      that: (A) reproduces copyrighted works in digital form;
      (B) converts copyrighted works in digital form into a form whereby
      the images and sounds are visible or audible; or (C) retrieves or
      accesses copyrighted works in digital form and transfers or makes
      available for transfer such works to hardware or software described
      in subparagraph (B).
 
    This is, of course, a very broad definition. Any computer, which has
    no trouble "reproducing copyrighted works in digital form," certainly
    qualifies. Importantly, a "device" can be software. A Linux
    distribution falls under this definition, and would be bound by the
    requirements of this law.
 
    The operative part of the CBDTPA falls into two phases: (1) the
    establishment of "security system standards," and (2) the requirement
    that all "digital media devices" follow those standards.
 
    The establishment of the standards is supposed to be done in the
    private sector, which will be given a year to accomplish the task.
    Should the private sector fail to get its act together, the government
    (in the form of the Federal Communications Commission) will jump in
    and set the standards instead. Either way, there's a set of criteria
    to be met, defined in these vague terms:
      * reliable
      * renewable
      * resistant to attack
      * readily implemented
      * modular
      * applicable in multiple technology platforms
      * extensible
      * upgradable
      * not cost prohibitive
 
    These terms are not further defined in the proposed law. There is one
    other, interesting requirement: "any software portion of such
    standards is based on open source code." Of course, "open source" is
    not defined for the purposes of this law either; still, in theory, it
    means that we should at least be able to see the code for the
    "security systems" that are being forced onto our computers.
 
    There is a token nod toward fair use, saying that security systems
    must not interfere with fair use rights. The penalties for
    noncompliance with this section, though, are very small - far smaller
    than those for selling a noncompliant device or stripping protective
    codes. It does not look like it is meant to be taken seriously.
 
    Once the standards are set, industry has one more year to implement
    them, then the enforcement stage begins. There is a section requiring
    ISPs to pass through protected content intact, but the core of the law
    is Section 5:
 
      A manufacturer, importer, or seller of digital media devices may
      not: (1) sell, or offer for sale, in interstate commerce, or
      (2) cause to be transported in, or in a manner affecting,
      interstate commerce, a digital media device unless the device
      includes and utilizes standard security technologies that adhere to
      the security system standards adopted under Section 3.
 
    In other words, unless your Linux distribution (which is a "digital
    media device," remember?) implements the security standards, it is now
    illegal - at least, if you want to sell it or transport it over state
    lines. (The emphasis on "interstate commerce" is the hook that gives
    the federal government the authority to regulate the movements of
    "digital media devices").
 
    So how can free software function in this legal environment? Given
    that the code implementing the security standards is supposed to be
    open source, it could conceivably be incorporated into a Linux
    distribution. (Note, however, that nothing in the proposed law
    requires a patent-free or royalty-free standard). Such work would have
    to be done by a distributor; it's hard to imagine the kernel
    maintainers willingly incorporating this stuff into the mainline code.
    Then Linux users could simply remove that code. Then again, maybe not;
    Section 6 says:
 
      No person may knowingly remove or alter any security technology in
      a digital media device lawfully transported in interstate
      commerce...
 
    So one of the fundamental freedoms of free software would be stripped
    away: you would not legally be able to modify your system to fit your
    needs.
 
    But then, can a system based on free software ever meet the standards
    being set by this law? A source-available system, where users can
    remove the corporate big brother code at will, can never be "reliable"
    or "resistant to attack" in the eyes of CBDTPA supporters. If that
    interpretation holds, Linux systems become illegal whether or not they
    include the security code.
 
    What about downloading a Linux distribution from a non-US server? The
    legality of such an act will depend on a court's interpretation: is a
    user, by virtue of having performed a download, an "importer"? If so,
    downloading Linux from outside the U.S. is not allowed; otherwise it
    is legal. Either way, people would be at risk of prosecution until the
    precedents had been set.
 
    The absurdity of this legislation stretches belief. It's not clear
    what chances it has to become law; the Senate seems well beholden to
    the entertainment industry, but the House seems to be less
    enthusiastic. We should not count on the House to put this one out of
    its misery, though; those of us who are in the U.S. need to let our
    Senators know what we think of this thing. See [32]this EFF advisory
    for more information on how to do that.
 
    iSCSI and patented technology. The [33]IETF IP Storage working group
    is charged with the task of defining standards for accessing storage
    devices (i.e. disks) directly over an IP network. This is an
    increasingly interesting area: as computing systems become more
    distributed over ever-faster networks, why not avoid expensive
    "storage area network" interconnects and use the existing, cheap
    technology? It may well be that, not too long from now, disk drives
    (and arrays) will just plug into your household gigabit Ethernet next
    to the printer. It will be desirable, of course, for Linux systems to
    be able to make use of these drives.
 
    Perhaps the most prominent standard coming out of the IPS working
    group is [34]iSCSI, the encapsulation of SCSI commands within the TCP
    protocol. The draft iSCSI standard is nearing completion; it will go
    to the internet standards "last call" stage shortly. So, one would
    hope, there would not be any major outstanding issues with the
    standard at this point. Unfortunately, that is not quite true - there
    is a patent issue with iSCSI that has the potential to make free
    software implementations difficult or impossible.
 
    An important part of the iSCSI standard is authentication. Just
    because you have placed a disk drive on the network does not, after
    all, mean that you want to let anybody have access to it. Network
    drives need a strong and secure authentication protocol, and the
    working group has tried to provide one.
 
    The choice for authentication is the "Secure Remote Password" (SRP)
    protocol, which is described in [35]RFC 2945. It looks like a
    reasonable protocol, providing both authentication and secure key
    exchange. There is only one problem: SRP appears to be covered by
    three separate patents, with three holders.
      * Stanford has an SRP patent. Stanford has offered [36]a
        royalty-free license (PDF format) that would appear to offer no
        obstacles to a free software implementation.
      * Phoenix claims that its "SPEKE" patent may apply to SRP. The
        company [37]will make a license available on RAND ("reasonable and
        non-discriminatory") terms - not royalty-free.
      * Lucent also has two patents which may be applicable to SRP. This
        company has made vague promises to make the patents available "in
        accordance with normal Lucent licensing practices," which are not
        RAND, much less royalty free. Lucent is not currently committing
        itself to a position on whether it believes a license is necessary
        to use SRP.
 
    The uncertainty behind Lucent's position, in particular, has given the
    iSCSI working group cause to worry about the use of SRP. At a working
    group meeting last week, the decision was made to demote SRP from an
    implemention requirement to an option. Instead, another protocol
    (perhaps CHAP augmented by a key exchange protocol) will be made
    mandatory.
 
    That could all change, though, and not for the better. According to
    [38]the SRP summary from the working group meeting:
 
      Lucent continues to be approached with requests to be more
      cooperative. Lucent's actions (or lack thereof) are the primary
      cause of this delay to iSCSI.
 
    In other words, the working group is not bothered by the Phoenix
    patent, which would require the purchase of a license under RAND
    terms. If Lucent becomes "more cooperative," we could find ourselves
    faced with an iSCSI standard which is encumbered by patents. That
    would not be a good thing for the free software community.
 
    For more information, see [39]the IPS working group's web page, which
    has pointers to the relevant draft standards and a mailing list for
    discussions.
 
    Inside this LWN.net weekly edition:
      * [40]Security: Format string exploits in libsafe; Apache security
        and bug fix release
      * [41]Kernel: Can close() fail?; cleaning up include files.
      * [42]Distributions: Sorcerer, Sorcery, and Lunar-Penguin.
      * [43]Development: Parrot 0.0.4, HPIJS 1.0.4, Apache 1.3.24, Analog
        5.22 security fix, mpg321 0.2.10, Net Hack 3.4.0, FLTK 1.1.0b12,
        Evolution 1.0.3, Advance 0.7.2, Gtk2Hs, mod_lisp 2.2, CPANPLUS
        0.01, Python .2.1c2.
      * [44]Commerce: The HRP-2P Linux-powered humanoid robot; Linux
        software store for Zaurus Handheld; IBM and SuSE to offer
        'enterprise ready' Linux services.
      * [45]Letters: Hurd, GPL, devexit_p.
 
    ...plus the usual array of reports, updates, and announcements.
 
    This Week's LWN was brought to you by:
      * [46]Jonathan Corbet, Executive Editor
 
    March 28, 2002
 
                                Sponsored Link
 
    [47]Your Text Ad Here
 
    Purchase your own text ad with our self-serve advertising system.
                                                        [48]Next: Security
 
    [49]Eklektix, Inc. Linux powered! Copyright Л 2002 [50]Eklektix, Inc.,
    all rights reserved
    Linux (R) is a registered trademark of Linus Torvalds
 
 References
 
    1. http://lwn.net/
    2. http://oasis.lwn.net/oasisc.php?s=2&w=468&h=60
    3. http://lwn.net/2002/0328/security.php3
    4. http://lwn.net/2002/0328/kernel.php3
    5. http://lwn.net/2002/0328/dists.php3
    6. http://lwn.net/2002/0328/devel.php3
    7. http://lwn.net/2002/0328/commerce.php3
    8. http://lwn.net/2002/0328/press.php3
    9. http://lwn.net/2002/0328/announce.php3
   10. http://lwn.net/2002/0328/letters.php3
   11. http://lwn.net//2002/0328/bigpage.php3
   12. http://lwn.net/daily/
   13. http://linuxcalendar.com/
   14. http://lwn.net/stocks/
   15. http://lwn.net/Reviews/
   16. http://lwn.net/Gallery/
   17. http://lwn.net/mediakit/
   18. http://lwn.net/archives/
   19. http://lwn.net/op/headlines.phtml
   20. http://lwn.net/corp/supporters.php3
   21. http://lwn.net/op/Contact.html
   22. http://lwn.net/2001/features/Timeline/
   23. http://lwn.net/2001/features/oreilly2001/
   24. http://lwn.net/2001/features/OLS/
   25. http://lwn.net/2001/features/MandrakeSoft.php3
   26. http://lwn.net/2001/features/KernelSummit/
   27. http://lwn.net/2001/features/Singapore
   28. http://lwn.net/2001/features/djbdns.php3
   29. http://lwn.net/2002/0328/
   30. http://lwn.net/2002/0321/
   31. http://www.politechbot.com/docs/cbdtpa/hollings.s2048.032102.html
   32. http://lwn.net/2002/0328/a/eff-cbdtpa.php3
   33. http://www.ietf.org/html.charters/ips-charter.html
   34. http://www.ietf.org/internet-drafts/draft-ietf-ips-iscsi-11.txt
   35. http://www.ietf.org/rfc/rfc2945.txt
   36. http://otl.stanford.edu/pdf/97006.pdf
   37. http://www.pdl.cmu.edu/mailinglists/ips/mail/msg09294.html
   38. http://www.pdl.cmu.edu/mailinglists/ips/mail/msg09292.html
   39. http://www.ietf.org/html.charters/ips-charter.html
   40. http://lwn.net/2002/0328/security.php3
   41. http://lwn.net/2002/0328/kernel.php3
   42. http://lwn.net/2002/0328/dists.php3
   43. http://lwn.net/2002/0328/devel.php3
   44. http://lwn.net/2002/0328/commerce.php3
   45. http://lwn.net/2002/0328/letters.php3
   46. mailto:lwn@lwn.net
   47.
 http://oasis.lwn.net/oasisc.php?s=2&c=5&cb=221235253&url=http%3A%2F%2Flwn.net%2F
 corp%2Fadvertise%2Ftext%2F
   48. http://lwn.net/2002/0328/security.php3
   49. http://www.eklektix.com/
   50. http://www.eklektix.com/
 
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 URL: http://www.lwn.net/2002/0328/   Sergey Lentsov   28 Mar 2002 17:36:00 
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