The deal with DMCA 1201 reform


There are two fights in Congress now against the DMCA, the “Digital Millennium Copyright Act”. One is over Section 512 covering “takedowns” on the web. The other is over Section 1201 covering “reverse engineering”, which weakens cybersecurity.

Even before digital computers, since the 1880s, an important principle of cybersecurity has been openness and transparency (“Kerckhoff’s Principle”). Only through making details public can security flaws be found, discussed, and fixed. This includes reverse-engineering to search for flaws.

Cybersecurity experts have long struggled against the ignorant who hold the naive belief we should instead coverup information, so that evildoers cannot find and exploit flaws. Surely, they believe, given just anybody access to critical details of our security weakens it. The ignorant have little faith in technology, that it can be made secure. They have more faith in government’s ability to control information.

Technologists believe this information coverup hinders well-meaning people and protects the incompetent from embarrassment. When you hide information about how something works, you prevent people on your own side from discovering and fixing flaws. It also means that you can’t hold those accountable for their security, since it’s impossible to notice security flaws until after they’ve been exploited. At the same time, the information coverup does not do much to stop evildoers. Technology can work, it can be perfected, but only if we can search for flaws.

It seems counterintuitive the revealing your encryption algorithms to your enemy is the best way to secure them, but history has proven time and again that this is indeed true. Encryption algorithms your enemy cannot see are insecure. The same is true of the rest of cybersecurity.

Today, I’m composing and posting this blogpost securely from a public WiFi hotspot because the technology is secure. It’s secure because of two decades of security researchers finding flaws in WiFi, publishing them, and getting them fixed.

Yet in the year 1998, ignorance prevailed with the “Digital Millennium Copyright Act”. Section 1201 makes reverse-engineering illegal. It attempts to…

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