Letter From Congress On the Digital Transition Content Security Act (DTCSA)

If you read my blog you'll remember this earlier post on the DTCSA. I fear that someday we will all be rolling that acronym off our tongues as slickly and contemptuously as we say DMCA today.

Anyway, I thought you might be interested to read the correspondence I have had thusfar with Congressman Chris Cannon, who is the US Congress representative from where I live.


Here's a letter I received back from him on this subject:


Dear Matt:

Thank you for contacting me about H.R. 4569, the Digital Transition Content Security Act (DTCSA). It is good to hear from you.

This legislation is designed to address the generally held concern for the "Analog Hole Problem" that occurs when the usage rights negotiated through voluntary agreements that are applied to high value digital content basically disappear when that digital content is converted into analog form. Content is "in the clear" once it has been converted to analog form. Unlike encrypted digital content, where access to the decryption keys can be subject to particular content usage obligations, there are no keys, licenses, or contractual obligations required to access and manipulate unencrypted "in the clear" analog content. Currently, there is nothing to prevent manufacturers from taking advantage of the Analog Hole and allowing unrestricted copying and redistribution of content that originated in a protected digital format.

The purpose behind the legislation is to preserve the same usage rights when video content is digitized as would have applied had the content not been stripped of its usage rights information in the format conversion process. For my part, I have always tried to outlaw piracy while trying to maintain fair usage rights for consumers. My position on the Judiciary Committee has given me the great opportunity to advocate for technological advances while working to clarify copyright law.

I am weary of government mandates on technology, believing that manufactures should do most of the negotiating. I do not believe it is the role of government to pick the winners and losers among different technologies. The preferred method is always private sector solutions to\ncontent protection issues. The market is generally well-suited to deal with the usage issues surrounding digital content, and it is doing so on many fronts.

Thank you once more for expressing your concerns. I will examine this bill, desiring to leave to the market what can be solved in the market while ensuring consumer choice and a level playing field for manufacturers. You raise legitimate questions that I will keep in mind as this bill and other Intellectual Property issues are addressed in the House of Representatives.

If I may be of further assistance, please do not hesitate to contact me. For more information on issues currently in Congress, please visit my website at www.house.gov/cannon.

Warmest regards,

Chris Cannon
Member of Congress