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	<head>		<title>Open Letter on European Commission about DRM in HTML5</title>	</head>	<body>		<h1>Open Letter to European Commission about DRM in HTML5</h1>
    <p>To: Commissioner Cecilia Malmstroem (Home Affairs)</p>
    <p>CC: Antonio Tajani (Enterprise)<br />       Viviane Reding (Justice)<br />       Joaquin Almunia (Competition)<br />       Michel Barnier (Internal Market)<br />       Neelie Kroes (Digital Agenda)</p>
		<p>Dear Commissioner Malmstroem,</p>
    <p>we are writing to you on the occasion of the international Day Against    Digital Restrictions Management, which today is being celebrated around the    world. We are very concerned about the security of European citizens, and    we ask you to take action to protect them.</p>
    <p>The Free Software Foundation Europe (FSFE) is an independent charitable    non-profit dedicated to promoting Free Software and freedom in the    information society. Today we would like to direct your attention to a very    specific threat to the freedom and security of computer users    everywhere.</p>        <p>Both at work and in our personal lives, we conduct a large part of our    activity through Web browsers. Ever more of our work and life migrates into    the digital domain, and many people use a growing number of web services to    work, create, socialise, and express themselves. Businesses and public    sector organisations similarly rely on web browsers as crucial tools to    perform their everyday tasks.</p>        <p>Recently, the importance of the Web browser was highlighted when <a    href="http://www.us-cert.gov/ncas/current-activity/2014/04/28/Microsoft-Internet-Explorer-Use-After-Free-Vulnerability-Being">numerous    state agencies and IT security companies warned about a long-standing    critical security problem in the widely used Microsoft Internet Explorer    browser</a>, soon followed by warnings of a <a    href="http://helpx.adobe.com/security/products/flash-player/apsb14-13.html">vulnerability    in the also widely used Adobe Flash Player</a>.</p>        <p>These incidents were only the most recent ones to highlight the    importance of ensuring that such a crucial piece of software as the Web    browser is fully under the control of its user. The <a    href="https://www.allianz-fuer-cybersicherheit.de/ACS/DE/_downloads/anwender/software/BSI-CS_071.html">German    Federal Office of Information Security (BSI) issued a list of    recommendations for secure Web browsers and their components</a> for    use in companies and public bodies on April 14. The BSI notes that due to    the way  they are used, "Web browsers are exposed to especially high risk    from malware".  In the list of recommendations for a secure Web browser,    the BSI includes the demand that <strong>Web browsers and their components should    be completely auditable</strong> (Point 1.6). </p>        <p>Web browsers like Mozilla Firefox or the Chromium browser have succeeded    in this regard, providing the public with web browsers that are not only    fully auditable, but which can also be freely shared and improved. This is    in line with the <a href="/freesoftware/standards/def.html">Open Standards</a>    approach which has made it possible for the Internet and the World Wide Web    to thrive and grow into its current role as a vital platform for economic    activity, social interaction without borders, and unchained creativity.</p>        <p>The protocols on which the Internet is built, such as the TCP/IP stack    and the HTML standard, are fully open and implemented in myriad <a    href="/freesoftware/freesoftware.html">Free Software</a> products. Free    Software powers the vast majority of Web servers, smartphones, embedded    devices, and many other applications of technology. The rise of today's    leading Web companies, such as Google, Facebook, and Amazon, would not have    been possible without Free Software, and they could not operate without it    today. Whatever European companies step up to challenge them are inevitably    going to rely on Free Software and Open Standards as well. Free Software and    Open Standards are both the foundation of our digital world, and the condicio    sine qua non for its future.</p>        <p>HTML5 is the latest revision of the HTML standard. It is hard to think    of a standard that is more crucial for the World Wide Web. HTML5 will    deliver a number of important improvements, and is set to be the basis of    the World Wide Web for the coming years, and to allow for the kind of rich,    responsive interactivity that will allow browsers to replace "apps" as    controllers for everything from thermostats to automobiles.</p>        <p>This is why we are very concerned about efforts currently in progress at    the World Wide Web Consortium, which oversees many of the key standards on    which the Internet and the World Wide Web are based, to <strong>encourage use of    the Content Decryption Module (CDM)</strong> which cannot be audited. The CDM,    though not specified in the HTML5 standard itself, is required by  the    so-called "Encrypted Media Extension" (EME), developed by a W3C working    group. This extension's primary purpose is to satisfy the desire of a    limited number of content providers with traditional business models to    generate revenue through restrictive distribution practices. With EME, the    W3C would be <strong>building a bridge to let content providers take control of    users' computers</strong>, letting them impose restrictions far in excess of what    consumers' rights and copyright allow.</p>        <p>The discussion about EME at W3C is largely driven by a few large    US-based companies, and except the BBC <a    href="https://blogs.fsfe.org/gerloff/2014/04/29/w3c-whos-working-on-drm-in-html5/">takes  place without significant European involvement</a>.  Given these    circumstances, the discussion will likely result in a solution that fails to    take the needs of European citizens, businesses and governments fully into    account.</p>        <p>Auditing the Content Decryption Module will be difficult, because the source    code of this functionality will be a closely held secret of the company    which provides it. Performing such an audit and reporting security flaws    would also be <strong>illegal in the many countries which have adopted so-called    "anti-circumvention" laws</strong>. Reporting a security problem in CDM would expose    the reporter to the risk of prosecution for making a circumvention    device.</p>        <p>In consequence, individuals, companies and organisations (including the    European Commission) would likely end up increasing the amount of software    with unknowable security problems which it uses in a high-risk setting.</p>        <p><strong>Integrating DRM facilities into HTML5 is the antithesis of everything    that has made the Internet and the World Wide Web successful</strong>. It is    directly contrary to the interests of the vast majority of Internet users    everywhere, and especially in Europe.</p>        <h2>Recommendations</h2>        <p>The discussions within W3C are now at a crucial juncture in this regard.    It is still just about possible to prevent the W3C from making it too easy    to effectively require the inclusion of such secret, inauditable software    in Web browsers.</p>       <ul>          <li>We urge the Commission to engage with the W3C and ensure that the      organisation takes these concerns on board as it decides on the adoption      of the Encrypted Media Extension (EME).</li>          <li>We further ask the Commission to underline its commitment to the      security and freedom of Europe's citizens by pledging not to make use of      the Encrypted Media Extension in its own infrastructure, even if EME      would be standardised by W3C.</li>          <li>At a minimum, the W3C should require covenants from EME participants      through which they promise not to take action against entities who report      and demonstrate vulnerabilities in EME and the CDM; and covenants to      safeguard entities who reverse-engineer and publish details of EME and      CDM implementations for the purpose of interoperability, including      interoperability with Free Software.</li>
    </ul>        <p>At FSFE, we look forward to supporting the Commission in taking the    appropriate actions to safeguard the interests of Europe's citizens and    companies, and remain at the Commission's service.</p>
 		<p>      Sincerely,<br />      Karsten Gerloff, President Free Software Foundation Europe		</p>
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