Archive for June, 2008

Are the RIAA’s DMCA takedown notices legitimate?

June 5, 2008

By now, many people are aware that the RIAA has been going after people (specifically university students) they believe are violating the copyrights of their member companies. Other people have written articles on specifically how the RIAA (or more realistically, companies the RIAA hire) do this, so if you haven’t done so, I’d recommend reading about it.

Many universities have policies, whether written or unwritten, that dictate some sort of action against students when emails are received requesting that infringing content be removed from the computers serving that content.

In most cases, universities do a variation of the following:

  1. Look up the student’s information based on the IP address(es) listed in the email
  2. Disable the student’s internet access
  3. Follow up with the student in some way (require that some document be signed before internet access is restored, ask that they meet with a university employee or judicial officer, etc.)
  4. Restore the student’s internet access

One of the many issues that I have with this process is that in almost all cases the email is never verified, nor is it verifiable. Most of the time there is a persona certificate sent along with this email, but the email itself is not digitally signed. Two different emails sent to two separate institutions contained such persona certificates that hashed to the same value. Therefore, if somebody were to spoof such an email, attaching that certificate to the email would make that email as authentic as any emails supposedly sent from the RIAA.

The problem here is that institutions are taking action against students without even attempting to verify the authenticity of the emails they receive. Universities claim that they want to avoid potential problems, and so they are complying with the text of these emails. What happens, then, when students realize their university is taking action against them from what is essentially an anonymous threat? What happens when spoofed emails result in action taken against students?

Who’s to say this isn’t happening now?