Smart Card Research Threatened in DirecTV Case. EFF Fights Heavy-Handed Tactics From Satellite TV Giant
San Francisco - The Electronic Frontier Foundation (EFF) and the
Center for Internet and Society Cyberlaw Clinic at Stanford University
Law School filed an amicus brief in the Ninth Circuit Court of Appeals
Wednesday, asking judges to protect legitimate researchers from the
heavy-handed tactics of the DirecTV Group, Inc., a worldwide provider
of digital television entertainment, broadband satellite networks and
services, and global video and data broadcasting.
Federal law makes it illegal to intercept satellite TV signals
without authorization and also bans modifying or assembling
interception tools for sale or distribution. In the case before the
Ninth Circuit, DirecTV claims that it can sue individuals for both
interception of its signal as well as modification of receiving
equipment in cases where altered smart cards are simply inserted into
standard television equipment. DirecTV claims that inserting a smart
card into preexisting television equipment constitutes "assembling" a
pirate device. The amicus brief claims that DirecTV is overreaching and
also points out that legitimate security researchers would be
threatened under the proposed misreading of the law. A lower court has
already ruled that DirecTV cannot sue on this theory and dismissed
DirecTV's attempt to "double-dip" by punishing individuals twice for a
single offense.
"Researchers are constantly assembling, modifying, and building
smart card components in furtherance of scientific knowledge and
innovation," said EFF Staff Attorney Jason Schultz. "Congress clearly
meant to exclude these beneficial activities from any legal liability.
The court below understood this, and we hope the Appeals Court agrees."
Over the past few years, DirecTV has orchestrated a nationwide legal
campaign against hundreds of thousands of individuals, claiming that
they were illegally intercepting its satellite TV signal. The company
began its crusade by raiding smart card device distributors to obtain
their customer lists, then sent over 170,000 demand letters to
customers and eventually filed more than 24,000 federal lawsuits
against them. Because DirecTV made little effort to distinguish legal
uses of smart card technology from illegal ones, EFF and the Cyberlaw
Clinic received hundreds of calls and emails from panicked device
purchasers. We worked with DirecTV to get them to limit their lawsuits
to only those people they could prove were illegally receiving their
signal. The two groups co-sponsor a website at http://www.directvdefense.org to help people defend themselves.
For the full brief filed in the case:
http://directvdefense.org/files/hunyh_amicus_brief_final.pdf
Contacts:
Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org
Jennifer Granick
Executive Director
Stanford Law School Center for Internet and Society Cyber Law Clinic
jennifer@law.stanford.edu [EFF: Breaking News]
2:08:51 PM PermaLink /
|