ACRL College & Research Libraries News

College & Research Libraries News

Washington Hotline

Lynne E. Bradley

New DRM act introduced

Senator Sam Brownback (R-Kansas) has introduced the Consumers, Schools and Libraries Digital Rights Management Awareness Act of 2003- The act includes provisions that address some library concerns about the implications of Digital Rights Management (DRM) technologies, which limit the ways that digital information can be accessed and used. Some key features of the bill are summarized below.

Prohibition on FCC Technology) Mandates

• Prohibits the Federal Communications Commission (FCC) from mandating that manufacturers of consumer electronics and computing products, as well as telecommunications service providers, build their products to operate or respond to specific DRM technologies.

• Permits the FCC to establish a functional requirement preventing unauthorized Internet retransmission of digital television signals to the public, but only if such a requirement preserves reasonable and customary consumer, educational institution, and library access and use practices.

Consumer and educational community awareness

• Provides private sector with one year to create voluntary notice and labeling standards for digital media products that incorporate DRM technology. Standards must inform consumers, educational institutions, and libraries about the ways in which the DRM technology will impact their use of digital media products.

• FTC notice and labeling, in the absence of successful private sector efforts, will inform consumers about the ways in which DRM technologies embedded in the digital media products hamper consumer, educational institution, and library use of digital media products.

Consumer privacy

• Requires manufacturers to file a “John Doe” case against ISP subscribers they suspect are using their digital media products in an unauthorized manner. ISPs cannot be compelled to release subscriber personal information without a valid subpoena or court order issued in a pending civil lawsuit.

Secondary markets for used digital media products

• Prevents manufacturers of digital media products from using DRM technologies to restrict consumer resale of digital media products they lawfully own or elect to donate to educational institutions and libraries.

Please write or call your senators and ask them to cosponsor Senator Brownback’s bill. The capitol switchboard number is (202) 224-3121. ■

Lynne E. Bradley is Office of Government Relations director of ALA’s Washington Office, e-mail: leb@alawash.org