UK consumer group calls for DRM legislation

Voluntary regulation not working, insists National Consumer Council

Iain Thomson, vnunet.com 17 Jan 2006

The National Consumer Council (NCC) has told MPs that legislation is needed to rein in digital rights management (DRM) technology.

In a submission (PDF) to the All Party Internet Group inquiry into DRM the NCC said that self-regulation by media companies is failing consumers, and that the government needs to clarify the position.

The NCC has proposed a 15-point checklist against which any DRM technology should be measured if it is to succeed. This includes setting up a non-affiliated body to devise DRM standards, commercial sanctions for non-compliance and a clear and fair complaints procedure.

"The development of DRM so far suggests that leaving it to industry self-regulation will compromise and limit the legitimate rights of consumers," said the organisation.

"A more balanced legislative framework is needed which provides explicit recognition of consumer rights, and ensures that anti-circumvention protection is only provided to DRM systems which meet the required standards."

The NCC highlighted the case of the Sony BMG scandal in which DRM technology opened a security hole that left consumers' PCs open to attack. It also questioned why this technology was being used, since it has little effect on organised crime.

"Given the resources available to many criminal gangs, the ability of DRM to halt these activities is minimal," the submission stated.

"However, the use of DRM can and is constraining legitimate consumer use of products and consumer rights under consumer protection and data protection law. "

The NCC added that current DRM technology is becoming increasingly indistinguishable from the spyware used by criminal gangs, and that consumers' rights will be harmed unless the government takes action.

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