CIS will be working with attorneys at EFF to file an amicus brief to the Ninth Circuit in DirecTV v. Hoa Huynh. The case involves the unauthorized interception of DirecTV’s encrypted satellite television programming by a group of defendants. DirecTV alleged that Defendants’ purchase and possession of tools used to re-program DirecTV smart cards violated portions of the Federal Wiretap Act (18 U.S.C. §§ 2510-2521), thus entitling them to statutory damages of $10,000. DirecTV also argued that the process of reprogramming the smart cards made the defendants “manufactures” of piracy devices under the Federal Communications Act (47 U.S.C. § 605), which would entitle them to additional statutory damages.
The four individual defendants in this case did not appear at trial and the District Court asked CIS and EFF to appear as amici curiae to provide a third-party perspective. The District Court entered a default judgment and awarded DirecTV statutory damages of $10,000 pursuant to the Wiretap Act’s civil damages provision. The court, however, rejected DirecTV’s argument that the defendants’ actions constituted “manufacturing” a device used primarily to decrypt satellite signals. DirecTV maintains that they are entitled to these additional damages under the statute and have appealed to the Ninth Circuit.
If the Ninth Circuit were to hold that an individual in his or her home who reprograms smart cards is a “manufacturer” of a piracy device, it could potentially impact law-abiding users of computer programs and have serious implications for criminal, copyright and contract law. Because of the public importance of this issue, CIS will be filing an amicus brief on behalf of EFF urging the Ninth Circuit to affirm the District Court.