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: Michael Geist

61 Reforms to C-61, Day 25: TPMs - Research Exception Limited to Encryption and Security Testing

By Michael Geist

Bill C-61 includes two exceptions relevant for researchers: an exception at Section 41.13 limited to encryption research (unlike the U.S. DMCA, encryption research is not defined) and security testing at Section 41.15, which could be construed to include security research on computer or network vulnerabilities.  The impact of the anti-circumvention provisions will be felt by a research community far broader than just those involved in these two areas.  This past week, I met with several University of Ottawa researchers engaged in fields as diverse as biblical scholarship and engineering.  Their common thread is that their research plans will be stymied by Bill C-61.  Researchers that need to circumvent in order to access content for media criticism, search technologies, network content distribution, etc. will all find themselves unable to conduct their research.  Those that argue that Bill C-61 is unenforceable have never had their work subjected to an ethics review that invariably includes an examination of the legality of the methodology.  If the work fails the review, there will be no grant funding and the research simply stops. The exceptions for encryption and security testing are needed (though as drafted they too have shortcomings to be discussed shortly), however, the Canadian approach to exceptions has been to simply mirror the U.S. DMCA list.  A general research exception is essential if Canadian researchers are to be able to continue their work.

Full post as published by Michael Geist on July 25, 2008 (boomark / email).