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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