Washington – U.S. Senator Ron Wyden (D-Ore.) today called for digital content companies to label digital materials if the content is released in a way that restricts consumer use. Wyden notes that digital technologies have created exciting new ways for consumers to use and manipulate content, and therefore consumer expectations are growing. For instance, consumers increasingly expect to be able to shift legally purchased content between different devices – to access it on their computers, or in their cars, or using portable devices like MP3 players. He believes consumers should be told in advance if these expectations won’t be met, so that they can factor this information into their purchasing decisions. According to Wyden, “Advance notice of technology-based use limitations is a matter of basic fairness. Consumers should know what they are getting or not getting.” His new legislation, the Digital Consumers Right-to-Know Act, is designed to protect the interests of consumers who buy CDs, DVDs and other digital media.

“While digital media companies are racing to develop technologies to combat piracy, some of these anti-piracy measures could have the effect of restricting lawful, legitimate consumer uses as well as unlawful copying,” said Wyden. “My bill says that if digital content is released in a form that prevents or limits reasonable consumer use, consumers have a right to be told in advance.”

The rise of digital technology has brought with it an increased risk and ease of piracy, or unlawful copying and distribution of content. As the entertainment and other industries rightfully seek to protect their copyrighted material and guarantee appropriate compensation for its use, Wyden is concerned that the balance between business interests and consumer interests could be tipped to give industry the ability to dramatically limit use of the content without the consumer knowing until he or she had already purchased the product. While the Wyden legislation would not dictate to content companies what kinds of copy protection or digital rights management efforts they could use to safeguard their content from piracy, it would require them to inform potential consumers if the use of the content has been restricted as a result. This, in turn, may encourage the development and use of anti-piracy technologies that preserve maximum flexibility for consumers.

“This country needs balanced approaches that respect the interests of copyright holders and consumers alike,” said Wyden. “The bill I introduced today is a significant step Congress could take now to protect consumers of digital content and promote market-based solutions, all without rewriting any copyright laws.”

The Digital Consumer Right-To-Know Act is expected to be referred to the Senate Commerce Committee, on which Wyden sits.

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