Shenzhen Optical Disc Forensics Lab Clarifies Its

UNCLAS SECTION 01 OF 04 GUANGZHOU 015230

SIPDIS

USDOC FOR 4420/ITA/MAC/MCQUEEN, DAS LEVINE
STATE FOR EB/TPP MASSINGA, FELSING
STATE PASS COPYRIGHT FOR TEPP
STATE PASS INTERNATIONAL IPR ENFORCEMENT COORDINATOR CHRIS
ISRAEL
STATE PASS USPTO FOR DUDAS, BROWNING, SCHIFFMAN, BOLAND,
ANTHONY, NESS
STATE PASS USTR - MENDENHALL, MCCOY, ESPINEL, CELICO
USDOJ FOR SUSSMAN
DHS/CPP FOR PIZZECK

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: KIPR KJUS KCRM ECON ETRD CH
SUBJECT: Shenzhen Optical Disc Forensics Lab Clarifies Its
Capabilities and Procedures: Doing Less With More

REF: A) Beijing 2542; B) 05 Beijing 19671

(U) This message is sensitive but unclassified. Please
handle accordingly.


1. (SBU) Summary: Located in Shenzhen but falling under the
authority of the Ministry of Public Security (MPS),the Disc
Production Source Identification Center (DPSIC) is
responsible for etching source identification (SID) codes
onto production dies and analyzing optical discs to
determine their source dies. DPSIC holds China's only
complete exemplar library of optical discs produced in China
and is also the only lab to house sound spectrogram and
optical media "fingerprinting" equipment to conduct forensic
analysis. The lab can only identify discs produced on
legally registered production lines. On-site inspectors
from the General Administration of Press and Publications
(GAPP) are posted at every optical disc replicating facility
in China in order to monitor disc titles and production
equipment. A GAPP official criticized the accuracy and
timeliness of the list of suspected counterfeiting lines
provided by the USG in late 2005. The lab's director,
though open in discussing technical and procedural issues,
expressed no interest in formally cooperating with foreign
industry groups. End summary.


2. (SBU) On May 19, Embassy Economic Minister Counselor
Robert Luke, Embassy Legal Attache William Liu, Post
Economic-Political Chief, and Post Economic Officer visited
DPSIC to learn about the lab's technical capabilities,
documentary requirements, and potential for future
cooperation. The meeting had been in the works since
November 2005. Many of the questions raised were submitted
by the Embassy beforehand, some of which were provided by
representatives of International Federation of the
Phonographic Industry (IFPI) and the Motion Picture
Association (MPA). Attending on the Chinese side were Lin
Cang, DPSIC director; Xiang Zejun, DPSIC vice director; Lu
Zhou, Division Chief of Press and Publication's Office of
Printing and Reproducing Industry Management in Beijing; Lin
Zhaonan, staff in MPS's American and Oceanian Affairs
Division's International Cooperation Department in Beijing;
Zhang Jun, division chief in MPS's Social Order Division in
Beijing; Liu Zhuo, deputy director of the Shenzhen Press and
Publication Office; and Wang Xiaoyin, chief operating
officer of Shenzhen Zhicheng Wei Optical Disc Production
Ltd.

Background on the Lab
--------------


3. (SBU) DPSIC falls directly under the Ministry of Public
Security (MPS). It was founded in December 1997 and began
operations in February 1999. DPSIC moved to a new facility
in Shenzhen in early 2006. The facility occupies two floors
of an MPS-owned office building on the edge of the city.
DPSIC contact information is as follows: Address: No. 1, 1st
Xia Meilin Street, 12th Floor, Futian Area, Shenzhen, PRC
518049; Tel: 0755-8319-6000, Fax: 0755-8319-8038; Email:
discgov@vip.163.com; Website: www.discgov.com.

SID Etching and Identification
--------------


4. (SBU) According to Lin Cang, DPSIC director, the lab
etches SID codes onto production dies for optical disc
manufacturers in China, and has etched approximately 1,300
SID codes since December 2000. An MPS lab in Shanghai also
etches SID codes. DPSIC has a library that includes all
exemplars in China, including those etched in the Shanghai
lab. The Shanghai lab does not store exemplars. The
General Administration of Press and Publication designs and
authorizes SID codes for use. SID codes help authorities
identify factories where optical media is produced. The SID
code is stamped on each CD produced by the die with the SID
etched on it. It does not reflect the media content on the

GUANGZHOU 00015230 002 OF 004


disc. Manufacturers are required to submit 10 disc samples
to DPSIC within 15 days after the SID code has been etched.
If the manufacturer does not submit samples, the local Press
and Publications office will deny its annual registration.
If a SID codes wears out from repeated use, the replacement
die receives the same SID code. However, the MPS Center is
not responsible for ensuring that moulds with worn SID codes
are replaced, or even ensuring that un-etched moulds are not
substituted. That is the responsibility of the GAPP
personnel located in each production facility.

Forensic Analysis: "Fingerprinting" and Sound Spectrum
-------------- --------------


5. (SBU) DPSIC is the only lab in China that uses forensic
analysis to identify source dies and issue inspection
certificates, which can be used in court proceedings. The
lab ideally completes an analysis within 22 working days of
application. However, because of delays in receiving
correct documentation and fees, as well as occasional
difficulties in disc analysis, the process often takes
longer. (Note: U.S. media representatives have complained
that delays average three months and sometimes much longer.
End note.) Since opening in 1999, DPSIC has issued
approximately 2,000 inspection certificates from 400
applications. In 2005 alone, the lab issued 500 inspection
certificates. Lin said the number of cases involving
foreign rights-holders was very small. When asked for a
more exact figure, he would only say that it was less than
ten percent of the total.


6. (SBU) Lin said up to 90 percent of the discs they receive
have no identifiable SID code, sometimes because they have
been intentionally rubbed off. Discs originally produced as
blank discs do not have SID codes, and most pirated discs
produced at underground lines do not have SID codes. In
these cases, the lab relies on forensic analysis to identify
the die used in production. DPSIC conducts forensic
analysis through both "fingerprinting" (identifying unique
markings on the die) and sound spectrum analysis
(determining differences in sound quality). To conduct
"fingerprinting" forensics, the lab uses software or, if the
software analysis is not conclusive, microscopes. DPSIC
began providing sound spectrum analysis and issuing
identification certificates in May 2003, and has thus far
made approximately 50 such analyses. The DPSIC facility
houses two sound spectrogram machines. When asked about
DPSIC's ability to analyze pirated discs made overseas, Lin
said the lab does not have foreign data and thus could not
handle such cases. DPSIC can only identify discs produced
on legally registered production lines in China. DPSIC
officials appeared equally reluctant to accept Chinese discs
seized overseas, saying that the evidentiary requirements of
Chinese courts made it impossible to guarantee the chain of
custody.


7. (SBU) Those discs that have been submitted by foreign
rights holders have been submitted through a Chinese law
office. DPSIC staff indicated that this would continue to
be the required procedure in the future. When Legat
inquired whether the USG could submit suspected counterfeit
discs to the MPS requesting the Center's analysis, Lin
replied that the Center would not accept them, and did not
take instructions from the MPS.


8. (SBU) All of the DPSIC staff have university degrees in
either computer science or forensics. They must also pass
an MPS certification exam. Occasionally, MPS specialists
are called in to assist in difficult cases.

Replicators and On-Site Inspectors
--------------


9. (SBU) DPSIC keeps a record of every optical disc
production machine imported into China. Approximately 90
replicators currently operate in China, with 400 production

GUANGZHOU 00015230 003 OF 004


lines. Press and Publications employs at least one on-site
inspector at every replicating facility in China. These
inspectors verify that the titles and content of discs are
approved, monitor the number of discs produced, and record
replacements of dies and other equipment. On-site
inspectors are rotated every two to three years and the
replicating facility has no say in their selection.
Companies must receive approval from Press and Publications,
Ministry of Commerce, and Customs to import a production
machine. (Note: However, the machinery from production
lines seized underground have been resold at auctions, the
tracking of which is unknown. Twenty-one illegal production
lines were seized in Guangdong Province in 2005. End note.)

Case Submission and Fees
--------------


10. (SBU) Only domestic entities can submit optical discs
for analysis, thus foreign rights-holders must use a Chinese
legal representative. When asked why this requirement
exists, Lin said it reduces potential legal complications.
SPDIC requires four separate items in order to accept a
case: three copies of the pirated disc; legal identification
of the submitting entity; copyright registration; and
business registration. DPSIC does not require any copies of
genuine discs, which had been the understanding of some
foreign industry representatives. However, it does ask that
these be provided when possible for comparison. When asked
why clients must submit identification, copyright, and
business evidence, even if they are a well-known company and
a repeat client of the lab, Lin simply stated that the
procedures must be followed by all clients, each time. When
asked why three copies of a pirated disc are required, a
sometimes difficult requirement to meet, he said this
improves the accuracy of lab analysis.


11. (SBU) The cost of submitting an application is RMB 100
(USD 12). This fee covers an initial exam, which determines
whether the lab will be able to reach a conclusive result in
the case. If the lab decides to accept the case, it charges
an additional RMB 1,900 (USD 237) upon completion of the
analysis. If the lab accepts the case but fails to reach a
result, it does not charge the additional fee. Forms and
instructions for filling them out are now available on-line.


12. (SBU) DPSIC does not pass test results to Chinese
authorities or initiate cases on behalf of rights-holders.
It merely passes the results back to the submitting entity,
which must then pursue action on its own behalf through
administrative or criminal channels.

No Coordination with Foreign Associations or Governments
-------------- --------------


13. (SBU) When asked whether DPSIC is interested in
cooperating with foreign industry groups, Lin said it was
not. In particular, Lin said, the Center has no authority
to release exemplars in its library to foreign associations
for use in forensics analysis overseas. He said DPSIC has
not worked with foreign law enforcement agencies, courts, or
customs offices in the past. As an explanation, he stated
several times that DPSIC must maintain strict independence
in its work and must not be influenced by outside forces.
He said MPS's Foreign Affairs Office controls all of the
lab's contacts with foreign entities but acknowledged he had
met foreign industry association representatives on an
informal basis. When asked about coordination with domestic
organizations, Lin said lab staff occasionally receive
briefings from them but also avoids close cooperation.
Interestingly, a business representative from a local media
company was present at the meeting.

2005 USG List of Suspected Counterfeit Production Lines
-------------- --------------


14. (SBU) When asked about the Chinese response to the USG's

GUANGZHOU 00015230 004 OF 004


submission of lists of suspected counterfeit optical disc
production lines in 2005, Lu Zhou, Press and Publications
representative from Beijing, said any future requests should
be handled through the JCCT process, but added the
information should be more accurate and timely. Lu said
some of the 2005 information was more than five years old
and some was mistaken and/or repetitive. He said 46 percent
of the document's information was unreliable. Lu added that
he welcomes industry groups to provide up-to-date
information on which Chinese companies foreign media
companies have contracts with who are authorized to sell and
produce in China, in order to assist enforcement officials.
He added he had made this suggestion to U.S. industry groups
on two separate occasions, but so far there has been no
response.


15. (SBU) Zhang Jun, division chief in MPS's Social Order
Division, said MPS investigations have uncovered 223
counterfeit optical disc production lines in China thus far.

Recommendations for Foreign Rights-Holders
--------------


16. (SBU) Lin and DPSIC staff recommended that foreign
rights-holders collect evidence with the utmost care,
sealing items until court proceedings and hiring notaries
(in China notaries are public officials whose testimony in
court carries official weight) to corroborate information.
Lu added that companies should not accumulate cases and send
them to DPSIC in batches -- rather, they should send cases
as they develop in order to reduce bottlenecks in the
system.

Comment
--------------


17. (SBU) Foreign industry groups and company
representatives have described DPSIC as opaque and
uncooperative. In discussions leading up to this visit,
industry representatives were even uncertain as to what
types of forensic analysis the lab conducts. Industry is
particularly frustrated with DPSIC's requirement that only
domestic entities submit cases, the burdensome evidentiary
requirement for submissions, and the long waits to obtain
results (one year in at least one case). Though the visit
request took months before MPS finally approved it, and the
lab director expressed an unwillingness to cooperate with
industry groups, this meeting nevertheless may open the door
to future dialogue with this important link in China's
copyright enforcement chain. DPSIC officials now understand
that industry and USG interest in the lab is not malicious,
but rather aimed at clarifying technical and procedural
issues that have caused unnecessary confusion.


18. (SBU) Embassy Beijing has cleared this cable.

DONG