Ed Felten has again raised concerns about plan to a require, by law, that all devices that accept analog video inputs must implement a secret technology.
"This process cannot be “open and public”, and an agreement on how the VEIL technology should be changed cannot be published, if the VEIL technology is secret. You can’t have a negotiation about how VEIL might be fixed, if the parties to that negotiation have promised not to disclose how VEIL works. And you can’t meaningfully invite members of the public to participate in the negotiation if they aren’t allowed to know about the subject being negotiated.
But that’s not all. The rulemaking will happen if somebody files a petition that convinces the Patent Office that VEIL “has become materially ineffective in a way that cannot be adequately remedied by existing technical flexibility in the embedding function” of VEIL.
The embedding function of VEIL is the gizmo that puts VEIL watermarks into video that is going to be distributed. It is separate from the detection function, which detects the presence or absence of a VEIL watermark in video content. The bill mandates that all analog video devices must include the detection function, so it is the detection function that one could learn about by paying the fee and taking the secrecy pledge.
But the embedding function of VEIL is entirely secret, and is not being revealed even to people who pay the fee and take the pledge. As far as I know, there is no way at all for anyone other than the VEIL company to find out how the embedding function works, or what kind of “existing technical flexibility” it might have. How anyone could petition the Patent Office on that subject is a mystery.
In short, the rulemaking procedure in Section 105 is entirely inconsistent with the secrecy of VEIL. How it got into the bill is therefore a pretty interesting question. Reading the bill, one gets the impression that it was assembled from prefab parts, rather than reflecting a self-consistent vision of how a technology mandate might actually work. "