There are a couple of things there. First, if it's a citizen's right and we're going to agree that something like time shifting or format shifting is appropriate and ethical and that the law should reflect that, then I don't think it's appropriate to say that the right can simply disappear by virtue of the existence of a digital lock.
If it is a right and reflects the ethics that I think many of us have, then it's appropriate to record a television show or format-shift a video. If that is in fact the case, then the law ought to reflect it, and the notion that it can be lost by virtue of a digital lock is fundamentally wrong.
Let me speak, though, on the enforcement side for a second. The issue of enforcement is an important one, because I think that in many ways digital locks punish the good guys. Those who would seek to infringe, frankly, are going to infringe whether there's a lock there or not.
Those who will respect the lock provisions are educational institutions, teachers, and students doing assignments. At the very beginning, they sign ethics documents about what is appropriate and permitted behaviour and what is not. If you're a researcher and you're putting forward a grant application that may involve some circumvention, you can't apply for that grant, because it violates the law. Putting forward lock provisions that are inconsistent with the other sorts of balance that we already have in the non-digital world ultimately punishes those who are seeking to abide by the law.
The truth of the matter--and I think this is what Lehman was getting at--is that the experience in other countries that have implemented these rules is that the digital lock rules are by and large ignored by the pirates and followed by those who want to abide by the law. What we're doing here is punishing those people.