Screaming Penguin - Source Does Matter

Everyone probably knows about this overall issue, but just in case, for the uninitiated here is a quick overview. 2600, the Hacker Quarterly, a well know hack and security related publication and website published the source code to DeCSS. DeCSS breaks the lameo encryption on DVDs (ie it breaks CSS, but the issue is the consumers right to use what they own, and to customize it or make a copy of it, not to illegally copy DVDs.)

The legal issue was that a provision of the DMCA (Digital Mill Copyright Act) was used against 2600 and a court order was obtained that required 2600 NOT to publish the DeCSS source based on copyright infringement law (see links for details.) Does copyright law have the right to usurp the 1st amendment? 2600 lost the original case (hence the order) and the appeal was heard a few days ago.

The attorney for the justice department, in support of the DMCA went one step further, into new territory. He stated that hyperlinks to "contraband" should also be banned (see the appeal news link for details.) This is a new and in my opinion dangerous precedent (not to mention IMPOSSIBLE to oversee and enforce.) While the first amendment issue is certianly more serious, banning links is also quite frightening. Is this the mentality of the justice dept?

This is a very interesting case for constitutional rights and technology. Keep an eye on and peruse more details via the links. When the decision breaks a followup TotSP story will be posted.

Oh, and heres a link to a copy of DeCSS if you want it http://www.humpin.org/decss/   2600 Appeal News