The Dmca & Acta Vs. Academic & Professional Research: How Misuse Of This Intellectual Property Legislation Chills Research, Disclosure And Innovation presented at Blackhat USA 2010

by Tiffany Rad, Christopher Mooney,

Tags: Security

Summary : Fair use, reverse engineering and public discussion of research encourage innovation and self-regulate industries. However, these principles which define our vibrant and creative marketplace are fading. If a professional cannot constructively critique another’s research online without being burdened with take down notices until the critique is obscured or functionally removed for long periods of time, we do not have a society from which we can learn from other’s mistakes and improve our trade. Attendees will gain a greater appreciation about how the Digital Millennium Copyright Act (DMCA) is increasingly being used in ways that chill free speech, disclosure of security vulnerabilities and innovative research. Using hypothetical examples and discussing case law, we will outline procedures for counterclaiming and alternatives to removal of allegedly infringing materials including discussing why data havens (some in anticipation of enactment of the Anti-Counterfeiting Trade Agreement) are becoming more popular.