There’s an active discussion among privacy and digital rights management groups about the recent disclosure that Apple is embedding some identifying information in songs purchased from iTunes. Apple is embedding its customers’ names and email addresses in the clear (e.g. without encryption) into files purchased from the iTunes Store. The ostensible rationale for this is to discourage people from sharing music purchased on iTunes via P2P networks.
Randy Picker of the University of Chicago Law School posted about this yesterday, with a thoughtful analysis from the legal perspective. He examines various possible justifications for this practice, and questions the need for open disclosure of the identification information, versus encryption. Picker concludes that Apple should tread carefully in this, and clarify its intent.
‘So far, Apple doesn’t seem to be saying much about what it is doing. It needs to be careful. As the Sony BMG fiasco—also discussed in the paper—emphasizes, content owners may not get that many opportunities to establish technological protection schemes. Each one they get wrong makes it that much harder to try another scheme later, given the adverse public relations fallout.’
The EFF reacted more stridently to the situation, saying that there was no justification for this undisclosed invasion of privacy.
‘But there is simply no good excuse here for Apple to embed PII in the clear into every song purchased from the iTunes Store. Especially when they didn’t inform customers that they were doing so.’
And even popular Apple blogs have questioned the rationale behind this approach to DRM.
‘The big question, of course, is what might Apple do with this information? Because it can be spoofed, it’s not exactly the best way to determine who is sharing music …’
We’re big fans of Apple here at Trufina. Most of us are devoted Mac users and we admire their insight into consumers and brilliant marketing and product design strategies. That’s why it’s truly strange they would begin such an anti customer-centric practice.
Apple isn’t saying much about this issue. I hope they clarify things soon. Piracy prevention is one thing. Privacy invasion is another.
Update:
Kim Cameron posted on this issue several times over the weekend. There’s not a tremendous amount of analysis, but he ends with one interesting question:
‘I would have thought that in light of their previous experience, Apple would have been very up front about the fact that they are embedding your name and email address in the files they give you. After all, it is PII, and I would think it would require your knowledge and approval.
I wonder what the Europeans will make of this?’
He’s right, that will be interesting.