Trade Groups Protest US Block on Digital Imports

30242892.cms

US International Trade Commission to hear cases of bias against American companies in India

A decision by a US government agency prohibiting the transmission of 3D dental records into the US could open the door to further content restrictions on the Internet, digital rights groups have said. The heart of the question is whether the US International Trade Commission can block digital goods, in additional to physical ones, from being imported to the US The Motion Picture Association of America has watched the agency's decision closely, with an eye on using the USITC to block websites.

The USITC's decision concerns a patent dispute between two companies that make clear dental braces, but it could have larger consequences and is the wrong way to deal with infringement complaints, the rights groups said Friday in a letter to the agency. The order, from 2014, requires the Pakistani operations of a U.S. dental company, ClearCorrect, to stop uploading 3D maps of patients' teeth to ClearCorrect's U.S. servers. The USITC based its order on a finding of patent infringement, but the decision has "enormous ramifications, opening the door to Internet content blocking efforts rejected by Congress and the public," said the letter, from 16 digital rights groups and 12 law professors.

The USITC ruling may give the MPAA and other copyright owners a new tool to block Internet content, critics said, even though the MPAA failed in 2012 to get Congress to pass the controversial Stop Online Piracy Act [SOPA]. SOPA would have required Internet service providers to filter out the domain names of websites accused of copyright infringement, and required search engines to block those sites.

The USITC has the authority to investigate patent and copyright complaints filed by U.S. companies and block the import of infringing goods. The agency's ruling against ClearCorrect followed a complaint of patent infringement from competitor Align Technology.

The agency's past patent cases have largely focused on physical goods, not digital information, and the ClearCorrect case hinges on whether the "articles" the USITC can block from import under U.S. law includes digital goods. Driving the concern from the digital rights groups signing onto Friday's letter -- including Public Knowledge, the American Civil Liberties Union and the Electronic Frontier Foundation -- is a push by the MPAA to use the ClearCorrect case as precedence for getting the USITC to block digital transmission of movies it believes infringe copyright.

In December, news organizations published a leaked MPAA memo suggesting the trade group could use the USITC to force ISPs to block subscriber access to movie piracy websites.

The USITC has the authority "to order network access ISPs to cease and desist from providing their subscribers with access to pirate sites" if the agency finds that the ISPs are violating copyright law by distributing infringing works, said the memo, written by MPAA lawyers last April.
The MPAA filed a brief in support of the USITC's decision, saying its authority to issue cease-and-desist orders should apply to digital, as well as physical, goods. Infringement is "shifting to downloadable formats," the USITC said, reflecting the MPAA's opinion filed in the ClearCorrect case.

Last month, Align and the USITC filed briefs to the U.S. Court of Appeals for the Federal Circuit, where the agency's ClearCorrect ruling is now under appeal. Align accused ClearCorrect of infringing seven dental imaging-related patents, and the agency found ClearCorrect infringed six of them.

While Align and the USITC argue the agency's asserted authority over digital goods would have a "minimal" impact on the Internet, they ignore the MPAA's argument that "took a precisely contradictory position," said Charles Duan, director of the Patent Reform Project at Public Knowledge.

The MPAA memo "turned what was initially a hypothetical concern into an actual threat to the Internet," he added by email.
The MPAA believes Congress has given the USITC "broad authority" to protect U.S. industries from unfair acts, including copyright infringement, the trade group said in a statement. "Undercutting the ITC's jurisdiction in this area will hurt the rapid growth of domestic and international marketplaces for distributing content digitally, and ultimately undermine the commission's mandate to protect American businesses," the MPAA added.
Computerworld:  http://bit.ly/1HIax9H

 

« Biter Bitten: The Hacking Team Hit by Breach
U.S. Government Support Insurers Protection from Cyber Hacks »

CyberSecurity Jobsite
Perimeter 81

Directory of Suppliers

LockLizard

LockLizard

Locklizard provides PDF DRM software that protects PDF documents from unauthorized access and misuse. Share and sell documents securely - prevent document leakage, sharing and piracy.

NordLayer

NordLayer

NordLayer is an adaptive network access security solution for modern businesses — from the world’s most trusted cybersecurity brand, Nord Security. 

Perimeter 81 / How to Select the Right ZTNA Solution

Perimeter 81 / How to Select the Right ZTNA Solution

Gartner insights into How to Select the Right ZTNA offering. Download this FREE report for a limited time only.

IT Governance

IT Governance

IT Governance is a leading global provider of information security solutions. Download our free guide and find out how ISO 27001 can help protect your organisation's information.

Alvacomm

Alvacomm

Alvacomm offers holistic VIP cybersecurity services, providing comprehensive protection against cyber threats. Our solutions include risk assessment, threat detection, incident response.

Willis Towers Watson

Willis Towers Watson

Willis Towers Watson is a global risk management, insurance brokerage and advisory company. Services offered include Cyber Risks insurance.

Ambersail

Ambersail

Ambersail provide Penetration Testing and Cyber Security Compliance services.

DataVisor

DataVisor

DataVisor is a big data fraud detection and anti-money laundering solution.

BTWorks

BTWorks

BTWorks provides identity management and anti-phishing / smishing solutions for web and mobile apps.

DXC Technology

DXC Technology

DXC Technology helps global companies run their mission critical systems and operations while modernizing IT, optimizing data architectures, and ensuring security and scalability.

H3C Group

H3C Group

H3C provides a full range of Computer, Storage, Networking and Security solutions.

Bird & Bird

Bird & Bird

Bird & Bird is an international law firm with a focus on helping organisations being changed by technology and the digital world. Areas of expertise include cyber security.

iONLINE

iONLINE

iONLINE delivers high quality IT services and solutions to businesses in Azerbaijan.

National Accreditation Authority Hungary (NAH)

National Accreditation Authority Hungary (NAH)

NAH is the national accreditation body for Hungary. The directory of members provides details of organisations offering certification services for ISO 27001.

Xperien

Xperien

Xperien is a leading South African Information Technology Asset Disposition (ITAD) company.

L3Harris Technologies

L3Harris Technologies

L3Harris Technologies is a global aerospace and defense technology innovator, delivering solutions to meet mission-critical needs across air, land, sea, space and cyber domains.

Bright Data

Bright Data

Bright Data Inc is the world’s #1 web data platform, enabling organizations to research, monitor, analyze data, and make better decisions.

CyberconIQ

CyberconIQ

CyberconIQ provide an integrated Human Defense Platform that reduces the probability and/or the cost of a cybersecurity breach by measurably improving our clients risk posture and compliance culture.

SecurWeave

SecurWeave

SecurWeave's Configurable Hardware Enforced Safety and Security (CHESS) platform has been designed to meet the security and safety criticality needs of the evolving digital industry.

Tanzania Industrial Research and Development Organization (TIRDO)

Tanzania Industrial Research and Development Organization (TIRDO)

TIRDO is a multi-disciplinary research and development organization.

Harmonic Security

Harmonic Security

Harmonic Security helps companies to adopt Generative AI without risking the security and privacy of their data.