Out-Law / Your Daily Need-To-Know

A Los Angeles jury on Friday convicted a man for selling hardware designed to descramble DirecTV satellite transmissions. It is the first criminal jury conviction obtained under the controversial Digital Millennium Copyright Act (DMCA) of 1998.

The DMCA, among other things, created an offence of offering for sale any products that circumvent digital copy protections, including encryption schemes. This is exactly what Thomas Michael Whitehead did when he sold hardware that allowed purchasers to illegally access subscriber broadcasts by DirecTV.

Florida-resident Whitehead was arrested earlier this year following an FBI investigation known as "Operation Decrypt", according to CNet News.com. He was found to have reprogrammed access cards for the DirecTV satellite service, bypassing the company's copyright protection schemes, and bringing him within the scope of the DMCA.

Sentencing is due to take place on 26th January, according to NBC4.tv, and may result in Whitehead, also known as "JungleMike", facing up to 30 years in prison and a fine of $2.75 million.

The conviction was widely expected albeit the last jury trial under the DMCA resulted in acquittal. That case involved Moscow-based developers ElcomSoft. The company had written software that could crack the security in electronic books and, while the jury considered that ElcomSoft's product did break the DMCA, it reasoned that the company lacked the necessary criminal intent because it did not knowingly break the law.

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