Digital Rights Management and Consumer Acceptability: A Multi-Disciplinary Discussion of Consumer Concerns and Expectations

The INDICARE project – the Informed Dialogue about Consumer Acceptability of DRM Solutions in Europe – has been set up to raise awareness about consumer and user issues of Digital Rights Management (DRM) solutions. One of the main goals of the INDICARE project is to contribute to the consensus-building among multiple players with heterogeneous interests in the digital environment. To promote this process and to contribute to the creation of a common level of understanding is the aim of the present report. It provides an overview of consumer concerns and expectations regarding DRMs, and discusses the findings from a social, legal, technical and business perspective. A general overview of the existing EC initiatives shows that questions of consumer acceptability of DRM have only recently begun to draw wider attention. A review of the relevant statements, studies and reports confirms that awareness of consumer concerns is still at a low level. Five major categories of concerns have been distinguished so far: (1) fair conditions of use and access to digital content, (2) privacy, (3) interoperability, (4) transparency and (5) various aspects of consumer friendliness. From the legal point of view, many of the identified issues go beyond the scope of copyright law, i.e. the field of law where DRM was traditionally discussed. Often they are a matter of general or sector-specific consumer protection law. Furthermore, it is still unclear to what extent technology and an appropriate design of technical solutions can provide an answer to some of the concerns of consumers. One goal of the technical chapter was exactly to highlight some of these technical possibilities. Finally, it is shown that consumer acceptability of DRM is important for the economic success of different business models based on DRM. Fair and responsive DRM design can be a profitable strategy, however DRM-free alternatives do exist too.Digital Rights Management; consumers; Intellectual property; business models

Audit-based Compliance Control (AC2) for EHR Systems

Traditionally, medical data is stored and processed using paper-based files. Recently, medical facilities have started to store, access and exchange medical data in digital form. The drivers for this change are mainly demands for cost reduction, and higher quality of health care. The main concerns when dealing with medical data are availability and confidentiality. Unavailability (even temporary) of medical data is expensive. Physicians may not be able to diagnose patients correctly, or they may have to repeat exams, adding to the overall costs of health care. In extreme cases availability of medical data can even be a matter of life or death. On the other hand, confidentiality of medical data is also important. Legislation requires medical facilities to observe the privacy of the patients, and states that patients have a final say on whether or not their medical data can be processed or not. Moreover, if physicians, or their EHR systems, are not trusted by the patients, for instance because of frequent privacy breaches, then patients may refuse to submit (correct) information, complicating the work of the physicians greatly. \ud \ud In traditional data protection systems, confidentiality and availability are conflicting requirements. The more data protection methods are applied to shield data from outsiders the more likely it becomes that authorized persons will not get access to the data in time. Consider for example, a password verification service that is temporarily not available, an access pass that someone forgot to bring, and so on. In this report we discuss a novel approach to data protection, Audit-based Compliance Control (AC2), and we argue that it is particularly suited for application in EHR systems. In AC2, a-priori access control is minimized to the mere authentication of users and objects, and their basic authorizations. More complex security procedures, such as checking user compliance to policies, are performed a-posteriori by using a formal and automated auditing mechanism. To support our claim we discuss legislation concerning the processing of health records, and we formalize a scenario involving medical personnel and a basic EHR system to show how AC2 can be used in practice. \ud \ud This report is based on previous work (Dekker & Etalle 2006) where we assessed the applicability of a-posteriori access control in a health care scenario. A more technically detailed article about AC2 recently appeared in the IJIS journal, where we focussed however on collaborative work environments (Cederquist, Corin, Dekker, Etalle, & Hartog, 2007). In this report we first provide background and related work before explaining the principal components of the AC2 framework. Moreover we model a detailed EHR case study to show its operation in practice. We conclude by discussing how this framework meets current trends in healthcare and by highlighting the main advantages and drawbacks of using an a-posteriori access control mechanism as opposed to more traditional access control mechanisms

The control over personal data: True remedy or fairy tale ?

This research report undertakes an interdisciplinary review of the concept of "control" (i.e. the idea that people should have greater "control" over their data), proposing an analysis of this con-cept in the field of law and computer science. Despite the omnipresence of the notion of control in the EU policy documents, scholarly literature and in the press, the very meaning of this concept remains surprisingly vague and under-studied in the face of contemporary socio-technical environments and practices. Beyond the current fashionable rhetoric of empowerment of the data subject, this report attempts to reorient the scholarly debates towards a more comprehensive and refined understanding of the concept of control by questioning its legal and technical implications on data subject\^as agency

Privacy in an Ambient World

Privacy is a prime concern in today's information society. To protect\ud the privacy of individuals, enterprises must follow certain privacy practices, while\ud collecting or processing personal data. In this chapter we look at the setting where an\ud enterprise collects private data on its website, processes it inside the enterprise and\ud shares it with partner enterprises. In particular, we analyse three different privacy\ud systems that can be used in the different stages of this lifecycle. One of them is the\ud Audit Logic, recently introduced, which can be used to keep data private when it\ud travels across enterprise boundaries. We conclude with an analysis of the features\ud and shortcomings of these systems

DRM and Privacy

Interrogating the relationship between copyright enforcement and privacy raises deeper questions about the nature of privacy and what counts, or ought to count, as privacy invasion in the age of networked digital technologies. This Article begins, in Part II, by identifying the privacy interests that individuals enjoy in their intellectual activities and exploring the different ways in which certain implementations of DRM technologies may threaten those interests. Part III considers the appropriate scope of legal protection for privacy in the context of DRM, and argues that both the common law of privacy and an expanded conception of consumer protection law have roles to play in protecting the privacy of information users. As Parts II and III demonstrate, consideration of how the theory and law of privacy should respond to the development and implementation of DRM technologies also raises the reverse question: How should the development and implementation of DRM technologies respond to privacy theory and law? As artifacts designed to regulate user behavior, DRM technologies already embody value choices. Might privacy itself become one of the values embodied in DRM design? Part IV argues that with some conceptual and procedural adjustments, DRM technologies and related standard-setting processes could be harnessed to preserve and protect privacy

Human Aspects in Digital Rights Management: the Perspective of Content Developers.

Legal norms and social behaviours are some of the human aspects surrounding the effectiveness and future of DRM security. Further exploration of these aspects would help unravel the complexities of the interaction between rights protection security and law. Most importantly, understanding the perspectives behind the circumvention of content security may have a significant impact on DRM effectiveness and acceptance at the same time. While there has been valuable research on consumer acceptability, (The INDICARE project, Bohle 2008, Akester 2009) there is hardly any work on the human perspective of content creators. Taking video games as a case study, this paper employs qualitative socio-legal analysis and an interdisciplinary approach to explore this particular aspect of content protection

BlogForever D3.3: Development of the Digital Rights Management Policy

This report presents a set of recommended practices and approaches that a future BlogForever repository can use to develop a digital rights management policy. The report outlines core legal aspects of digital rights that might need consideration in developing policies, and what the challenges are, in particular, in relation to web archives and blog archives. These issues are discussed in the context of the digital information life cycle and steps that might be taken within the workflow of the BlogForever platform to facilitate the gathering and management of digital rights information. Further, the reports on interviews with experts in the field highlight current perspectives on rights management and provide empirical support for the recommendations that have been put forward

Is Digital Text-Watermarking the Long-Desired User Friendly Digital Rights Management? Copyright and Fundamental Values from a Comparative Perspective

Many have argued that technologies used to protect copyrighted works usually go beyond the letter of the law and subsequently impinge on interests relating to freedom of information and expression, privacy and free choice. Classic examples are technologies that prevent CDs or DVDs from being accessed or copied under certain conditions, or that block or filter-out copyright-protected materials. This article assesses digital text-watermarking, which does not restrict users’ access to or use of works, but individualises every user’s copy by changing the formatting or words in a text (e.g. “not visible” for “invisible”). Every purchaser/user receives a unique version of the work, meaning that, if there is any illegal upload or usage, it is possible to determine which user the copy came from. The technology thereby allows legal (and illegal) use to be undertaken, but serves as a tool for enforcement when there is illegal use. This article assesses digital text-watermarking from a comparative law perspective, particularly the Civil Law and the Common Law traditions