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Re: [dvd-discuss] Dion's new CD crashing party for some users
At 11:03 AM -0500 4/4/02, Dean Sanchez wrote:
>Yahoo! News has an article about how Sony's new Celine Dion's cd can
>crash a user's computer and how Sony admits to this action. I would
>think that this could be considered a "criminal hacking" action and
>subject them to civil and criminal legation, couldn't it?
>http://story.news.yahoo.com/news?tmpl=story&u=/bpihw/20020403/en_bpih
>w/dion_s_new_cd_crashing_party_for_some_users&printer=1
I am not a lawyer, but my reading of Federal law (18 USC 1030,
excerpts below) suggests Sony should think twice before selling audio
disks (they certainly ought not be called CDs) with crash-inducing
copy protection in the United States.
It's no sure thing that the Government would act, but there is this
interesting provision in subsection (g) that provides for injunctive
relief for any person that suffers damage or "loss." Might it be
possible to seek a court order baring Sony from introducing this
technology into the U.S.? There is the problem of showing damages
before the albums are sold here. Perhaps a perceived need to perform
additional backups would do. So might an incident involving an Dion
album purchased in Europe and brought to the U.S.
A university would make an ideal plaintiff since they typically own
hundreds of computers that are used by students, who sometimes play
CDs (perfectly legally). Universities can easily document the cost of
crashes in terms of support staff time and the risk of lost data.
They also usually have Government research contracts, whose data
could be affected by by Sony-induced crashes. This brings them under
the protection of both subsections of (e)(2).
See also http://www.loundy.com/E-LAW/E-Law4-full.html#VII which
points out: "The civil provisions were first used in North Texas
Preventative Imaging v. Eisenberg, which held that a "time bomb"
inserted into a software update to ensure payment could constitute a
violation of the Computer Fraud and Abuse Act." [i.e. 18USC1030]
Many states have laws on this as well.
Arnold Reinhold
=========================================
18 USC 1030 Fraud and related activity in connection with computers
(a) Whoever -
...
(5)(A)knowingly causes the transmission of a program, information,
code, or command, and as a result of such conduct, intentionally
causes damage without authorization, to a protected computer;
(B)intentionally accesses a protected computer without authorization,
and as a result of such conduct, recklessly causes damage; or
(C)intentionally accesses a protected computer without authorization,
and as a result of such conduct, causes damage;
...
shall be punished as provided in subsection (c) of this section.
(b)Whoever attempts to commit an offense under subsection (a) of this
section shall be punished as provided in subsection (c) of this
section.
(c) The punishment for an offense under subsection (a) or (b) of this
section is -
...
(3) (A) a fine under this title or imprisonment for not more than
five years, or both, in the case of an offense under subsection
(a)(4), (a)(5)(A), (a)(5)(B), or (a)(7) of this section which does
not occur after a conviction for another offense under this section,
or an attempt to commit an offense punishable under this
subparagraph; and
...
(e) As used in this section -
...
(2)the term ''protected computer'' means a computer -
(A) exclusively for the use of a financial institution or the United
States Government, or, in the case of a computer not exclusively for
such use, used by or for a financial institution or the United States
Government and the conduct constituting the offense affects that use
by or for the financial institution or the Government; or
(B) which is used in interstate or foreign commerce or communication;
...
(8) the term ''damage'' means any impairment to the integrity or
availability of data, a program, a system, or information, that -
(A) causes loss aggregating at least $5,000 in value during any
1-year period to one or more individuals;
(B) modifies or impairs, or potentially modifies or impairs, the
medical examination, diagnosis, treatment, or care of one or more
individuals;
(C) causes physical injury to any person; or
(D) threatens public health or safety;
...
(g) Any person who suffers damage or loss by reason of a violation of
this section may maintain a civil action against the violator to
obtain compensatory damages and injunctive relief or other equitable
relief. ...
[from http://www4.law.cornell.edu/uscode/ ]