DRM and the Law

Cory Doctorow gives a good history of the intersection of Digital Rights Management (DRM) software and the law, describes how DRM software is antithetical to end-user security, and speculates how we might convince the law to recognize that.

Every security system relies on reports of newly discovered vulnerabilities as a means of continuously improving. The forces that work against security systems -- scripts that automate attacks, theoretical advances, easy-to-follow guides that can be readily googled -- are always improving so any system that does not benefit from its own continuous improvement becomes less effective over time. That is, the pool of adversaries capable of defeating the system goes up over time, and the energy they must expend to do so goes down over time, unless vulnerabilities are continuously reported and repaired. Here is where DRM and your security work at cross-purposes. The DMCA's injunction against publishing weaknesses in DRM means that its vulnerabilities remain unpatched for longer than in comparable systems that are not covered by the DMCA. That means that any system with DRM will on average be more dangerous for its users than one without DRM.