|
Gallery of CSS Descramblers: Demonstrating How
Computer Code Is Speech
The question of whether computer code can be defined as speech
is at the heart of a debate brewing in U.S. Courts, as well as in
academic and research institutions. A computer scientist at Carnegie
Mellon is helping to make U.S. legal history by presenting a compelling
argument to the courts and to the public at large.
The backdrop for this legal drama began in January, 2000, when
the Motion Picture Association of America (MPAA) filed a lawsuit
against the hacker magazine 2600, charging that the online publication
had violated the Digital Millennium Copyright Act (DMCA) by posting
code for decrypting DVDs. The now famous case, Universal City Studios,
Inc., et al. v. Shawn C. Reimerdes, et al., was predicted to have
far reaching consequences for computer science.
Carnegie Mellon Principal Research Computer Scientist David Touretzky
testified as an expert witness for the defense. At the trial, Touretzky
argued that computer code has expressive content that conveys ideas
just like other forms of speech.
Touretzky says he became interested in the case when he perceived
that the outcome could have "a chilling effect on [his] ability
as a computer scientist to express [him]self."
"If the court upholds this injunction [that barred Web sites
from posting the code for the cracking program], what would happen
is that certain uses of computer language -- my preferred means
of expression -- would be illegal." ("Free Speech Rights
for Computer Code?" New York Times 31 July 2000).
The Carnegie Mellon computer science faculty member is now presenting
his argument to the public on the World Wide Web with his "Gallery
of CSS Descramblers," a scholarly publication that demonstrates
there is no difference between ideas expressed in a computer language
or in the English language. Touretzky created the site to raise
important questions about legal opinions on whether or not source
code is subject to First Amendment protection against prior restraint
of speech.
"If code that can be directly compiled and executed may be
suppressed under the DMCA, as Judge Kaplan asserts in his preliminary
ruling, but a textual description of the same algorithm may not
be suppressed, then where exactly should the line be drawn?"
asks Touretzky. "This web site was created to explore this
issue, and point out the absurdity of Judge Kaplan's position that
source code can be legally differentiated from other forms of written
expression."
Touretzky presents his argument in a series of exhibits. He converts
the source file in the C computer language into various other forms,
such as a programming language of his own devising, a set of GIF
images, and even a line-by-line translation into plain English.
He then points out that the English translation of the source code
cannot be read directly by a machine and therefore cannot decrypt
a DVD. But any knowledgeable C programmer could translate the English
description back into C. This raises the question of which source
code descriptions are protected speech, and which should be subject
to the DMCA.
Since the trial, people have begun submitting their own exhibits
to the Gallery that challenge legal interpretations of what computer
code can be suppressed under the DMCA. Some of the exhibits are
very clever and fun. The descrambling algorithm has been translated
into musical lyrics, haiku, and even printed on a T-shirt. One anonymous
contribution employs the animated Microsoft Agents Merlin the Wizard
and Robby the Robot to explain a mathematical description of the
decryption algorithm formulated by another contributor, Charles
M. Hannum.
Touretzky's compelling position, and his boldness in publishing
the outlawed code, has helped the Gallery become a prime destination
on the Web for those seeking information about DVD decryption. There
you can find not only Touretzky's position on the issue, but also
information regarding legal rulings, background on the digital copyright
controversy, and extensive media coverage of the Gallery.
With the plethora of information on the Web site, it's no wonder
that the media has shown so much interest in the Gallery and its
curator. The Gallery has been cited in dozens of news articles in
both national and international publications, including the New
York Times, the Wall Street Journal, USA Today, and Le Monde.
However, not all the attention given to the site has been positive.
A representative of the MPAA contacted Touretzky and Carnegie Mellon,
asking that the Web site be taken down, which Touretzky views as
an attack on academic freedom. Carnegie Mellon has not complied
with the MPAA's request.
Visit the Gallery of CSS Descramblers on the Web at: http://www.scs.cmu.edu/~dst/DeCSS/Gallery/index.html
For more about David Touretzky, see his home page at: http://www.scs.cmu.edu/~dst/.
|
See Webcams 
