Jpeg Presentation

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Copyright, Code and Creativity A Note of Caution About DRM in JPEG Jeremy Malcolm JPEG Workshop, Brussels October 13, 2015

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DRM

Transcript of Jpeg Presentation

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Copyright, Code and CreativityA Note of Caution About DRM in JPEG

Jeremy Malcolm

JPEG Workshop, Brussels

October 13, 2015

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Outline

Problems with DRMTechnical and Security ProblemsLegal and Social Problems

Alternatives to DRMTechnical and Security AlternativesLegal and Social Alternatives

Copyright, Code and Creativity Jeremy Malcolm eff.org 2

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Introduction

• Some of the proposals for the JPEG Privacy & Securityactivity threaten to create a form of DRM for images

• This would not be effective at protecting intellectualproperty rights in images and would have unwantedside-effects

• Most other objectives of the JPEG Privacy & Securityactivity can be achieved without resorting to DRM

Copyright, Code and Creativity Jeremy Malcolm eff.org 3

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Introduction

• Some of the proposals for the JPEG Privacy & Securityactivity threaten to create a form of DRM for images

• This would not be effective at protecting intellectualproperty rights in images and would have unwantedside-effects

• Most other objectives of the JPEG Privacy & Securityactivity can be achieved without resorting to DRM

Copyright, Code and Creativity Jeremy Malcolm eff.org 4

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Introduction

• Some of the proposals for the JPEG Privacy & Securityactivity threaten to create a form of DRM for images

• This would not be effective at protecting intellectualproperty rights in images and would have unwantedside-effects

• Most other objectives of the JPEG Privacy & Securityactivity can be achieved without resorting to DRM

Copyright, Code and Creativity Jeremy Malcolm eff.org 5

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Problems with DRM

Alternatives to DRM

Copyright, Code and Creativity Jeremy Malcolm eff.org 6

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Cryptographers Don’t Believe That DRMWorks

“Digital files cannot be made uncopyable, any morethan water can be made not wet.”— Bruce Schneier

• To allow use of DRM-protected works requiresdistributing both the “lock” and the “key” to the user

• It only ever takes time for the key to be extracted!

Copyright, Code and Creativity Jeremy Malcolm eff.org 7

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Cryptographers Don’t Believe That DRMWorks

“Digital files cannot be made uncopyable, any morethan water can be made not wet.”— Bruce Schneier

• To allow use of DRM-protected works requiresdistributing both the “lock” and the “key” to the user

• It only ever takes time for the key to be extracted!

• At worst, the analog hole can always be used

Copyright, Code and Creativity Jeremy Malcolm eff.org 8

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Cryptographers Don’t Believe That DRMWorks

Copyright, Code and Creativity Jeremy Malcolm eff.org 9

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DRM Does Not Map Cleanly To Legal Rights

• Does not account forcopyright limitations such asfair dealing, fair use andquotation

• Allows anti-competitiveconduct like region coding

• Even archives often (wrongly)claim copyright-like rights inpublic domain images

Copyright, Code and Creativity Jeremy Malcolm eff.org 10

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DRM Does Not Map Cleanly To Legal Rights

• Does not account forcopyright limitations such asfair dealing, fair use andquotation

• Allows anti-competitiveconduct like region coding

• Even archives often (wrongly)claim copyright-like rights inpublic domain images

Copyright, Code and Creativity Jeremy Malcolm eff.org 11

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DRM Does Not Map Cleanly To Legal Rights

• Does not account forcopyright limitations such asfair dealing, fair use andquotation

• Allows anti-competitiveconduct like region coding

• Even archives often (wrongly)claim copyright-like rights inpublic domain images

Copyright, Code and Creativity Jeremy Malcolm eff.org 12

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DRM Doesn’t Achieve Standardization GoalsDRM does not actually protect media, but it does:

• Restrict media from being used with free and opensource tools.

• Make interoperability more difficult to engineer.• Expose coders and researchers to additional legal risk.• Extend a bad precedent for the extension of DRM toother forms of digital content.

EME standardization at W3CEME has not produced a reliable solution – it’s asupport/implementation nightmare that members can’tmake sense of.

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DRM Doesn’t Achieve Standardization GoalsDRM does not actually protect media, but it does:

• Restrict media from being used with free and opensource tools.

• Make interoperability more difficult to engineer.• Expose coders and researchers to additional legal risk.• Extend a bad precedent for the extension of DRM toother forms of digital content.

EME standardization at W3CEME has not produced a reliable solution – it’s asupport/implementation nightmare that members can’tmake sense of.

Copyright, Code and Creativity Jeremy Malcolm eff.org 14

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DRM Reduces the Value of ContentApple TV 2, with lower specs than Apple TV 3, sells for three times as much

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DRM Reduces the Value of ContentApple TV 2, with lower specs than Apple TV 3, sells for three times as much

Copyright, Code and Creativity Jeremy Malcolm eff.org 16

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Exposure to Liability for Vulnerability Reporting

• Anti-circumvention laws threaten liability for thosereporting vulnerabilities in DRM implementations

• Especially worrying in JPEG world, since their imagesfind their way into so many products and UIs

Public health and safety

If your pacemaker’s app uses JPEG icons, it could potentiallycriminalize vulnerability reporting

• The end-result: long-lived critical vulnerabilities that arenever reported for fear of prosecution

Copyright, Code and Creativity Jeremy Malcolm eff.org 17

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Exposure to Liability for Vulnerability Reporting

• Anti-circumvention laws threaten liability for thosereporting vulnerabilities in DRM implementations

• Especially worrying in JPEG world, since their imagesfind their way into so many products and UIs

Public health and safety

If your pacemaker’s app uses JPEG icons, it could potentiallycriminalize vulnerability reporting

• The end-result: long-lived critical vulnerabilities that arenever reported for fear of prosecution

Copyright, Code and Creativity Jeremy Malcolm eff.org 18

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Exposure to Liability for Vulnerability Reporting

• Anti-circumvention laws threaten liability for thosereporting vulnerabilities in DRM implementations

• Especially worrying in JPEG world, since their imagesfind their way into so many products and UIs

Public health and safety

If your pacemaker’s app uses JPEG icons, it could potentiallycriminalize vulnerability reporting

• The end-result: long-lived critical vulnerabilities that arenever reported for fear of prosecution

Copyright, Code and Creativity Jeremy Malcolm eff.org 19

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DRM Infringes Freedom of Expression

• Felten, et al., v. RIAA, et al.• The music industry used theDigital Millennium Copyright Act(DMCA) to threaten Princetonand Rice University Professorsfrom discussing security flaws inits SDMI DRM technology.

• Dmitry Sklyarov prosecution• A Russian programmer was charged with violating theDMCA for speaking at DEF CON about breaking e-bookencryption (even though this was legal in Russia!)

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DRM Infringes Freedom of Expression

• Felten, et al., v. RIAA, et al.• The music industry used theDigital Millennium Copyright Act(DMCA) to threaten Princetonand Rice University Professorsfrom discussing security flaws inits SDMI DRM technology.

• Dmitry Sklyarov prosecution• A Russian programmer was charged with violating theDMCA for speaking at DEF CON about breaking e-bookencryption (even though this was legal in Russia!)

Copyright, Code and Creativity Jeremy Malcolm eff.org 21

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DRM is Out of Step With Emerging Policy Norms

• 2014 OECD recommendation requires disclosure of“any technical measures that have been put in place,including any effects that these measures may have onproduct or device usage.”

• July 2015 European Parliament report emphasizesproblems with “portability and geoblocking” and notesthat “lack of interoperability hampers innovation,reduces competition and harms the consumer”.

The bottom line:DRM is considered antithetical to the public interest

Copyright, Code and Creativity Jeremy Malcolm eff.org 22

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DRM is Out of Step With Emerging Policy Norms

• 2014 OECD recommendation requires disclosure of“any technical measures that have been put in place,including any effects that these measures may have onproduct or device usage.”

• July 2015 European Parliament report emphasizesproblems with “portability and geoblocking” and notesthat “lack of interoperability hampers innovation,reduces competition and harms the consumer”.

The bottom line:DRM is considered antithetical to the public interest

Copyright, Code and Creativity Jeremy Malcolm eff.org 23

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DRM is Out of Step With Emerging Policy Norms

• 2014 OECD recommendation requires disclosure of“any technical measures that have been put in place,including any effects that these measures may have onproduct or device usage.”

• July 2015 European Parliament report emphasizesproblems with “portability and geoblocking” and notesthat “lack of interoperability hampers innovation,reduces competition and harms the consumer”.

The bottom line:DRM is considered antithetical to the public interest

Copyright, Code and Creativity Jeremy Malcolm eff.org 24

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Problems with DRM

Alternatives to DRM

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Cryptography

• Many use cases for JPEG Privacy & Security only requiresigning not encrypting metadata

• Integrity of an original version of the image• Tracking of modifications• Integrity of the metadata (date, copyright)

• For encryption of the entire image file to prevent access,common container formats for this exist already

• For encryption of plain text metadata only, this can bedone without locking the whole image

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Rights Management Information

• Even without technical protection for metadata, the lawalready limits removal of rights information

• InfoSoc Directive Article 7(1)(1), DMCA Section 1202

• This does not only apply to user-visible marks, thereforelikely includes IPTC, Exif and XMP metadata

• Watermarking

• Stegonography

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Rights Management Information

• Even without technical protection for metadata, the lawalready limits removal of rights information

• InfoSoc Directive Article 7(1)(1), DMCA Section 1202

• This does not only apply to user-visible marks, thereforelikely includes IPTC, Exif and XMP metadata

• Watermarking

• Stegonography

Copyright, Code and Creativity Jeremy Malcolm eff.org 28

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Rights Management Information

• Even without technical protection for metadata, the lawalready limits removal of rights information

• InfoSoc Directive Article 7(1)(1), DMCA Section 1202

• This does not only apply to user-visible marks, thereforelikely includes IPTC, Exif and XMP metadata

• Watermarking

• Stegonography

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Licensing

• Good (if unsurprising) news— licenses are enforceable

• All active Creative Commonsimage licenses include anAttribution condition

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Recommendations.

1 Online platforms should be encouraged to preserveimage metadata (the law may even require this)

2 Those concerned with attribution should utilize anappropriate license that allows reuse with attribution

3 JPEG Privacy & Security group should work onextensions to allow signing of image metadata

4 JPEG Privacy & Security group should not create aDRM-protected image format that inhibits access

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Recommendations.

1 Online platforms should be encouraged to preserveimage metadata (the law may even require this)

2 Those concerned with attribution should utilize anappropriate license that allows reuse with attribution

3 JPEG Privacy & Security group should work onextensions to allow signing of image metadata

4 JPEG Privacy & Security group should not create aDRM-protected image format that inhibits access

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Recommendations.

1 Online platforms should be encouraged to preserveimage metadata (the law may even require this)

2 Those concerned with attribution should utilize anappropriate license that allows reuse with attribution

3 JPEG Privacy & Security group should work onextensions to allow signing of image metadata

4 JPEG Privacy & Security group should not create aDRM-protected image format that inhibits access

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Recommendations.

1 Online platforms should be encouraged to preserveimage metadata (the law may even require this)

2 Those concerned with attribution should utilize anappropriate license that allows reuse with attribution

3 JPEG Privacy & Security group should work onextensions to allow signing of image metadata

4 JPEG Privacy & Security group should not create aDRM-protected image format that inhibits access

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Summary

JPEG Privacy & Security has some worthwhile aims• Validating (not preserving) image and metadata integrity• Encrypting plain text metadata for protection of privacy

It also has some which are probably not achievable• Protecting intellectual property rights• Preserving the economic value of protected images

For those that are not achievable, alternatives exist• Existing protection of copyright law and license terms• For preventing copying, encrypt the image in a container

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Questions?

Jeremy [email protected]

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