Proposed WIPO Treaty on the Protection of the Rights of Broadcasting Organizations: Privacy Implications of Fighting Digital Pirates

Abstract

This paper examines the potential public policy implications for consumers' privacy within the context of the proposed broadcast treaty. First, the paper provides background information on digital rights management and technical protections and how they work. Second, the paper identifies and discusses the privacy issues implicated by a digital rights management framework. Third, because implementing legislation and domestic enforcement likely will be required, the intersection of the international legal framework and domestic legal frameworks is explored. Given the contrasting legal and cultural approaches to privacy between the United States and the European Union, these two approaches are compared and contrasted to highlight how differences in implementing technologies and domestic privacy laws could affect consumers. Lastly, the paper reflects on whether the proposed treaty allows for implementations consistent with basic global privacy norms.