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Senator to FCC: Don't even think about a broadcast flag
ARS Technica ^ | 1/11/07 | Nate Anderson

Posted on 01/12/2007 6:16:23 AM PST by PissAndVinegar

Senator John Sununu (R-NH) has just announced that his office is working on legislation that would prevent the FCC from creating specific technology mandates that have to be followed by consumer electronics manufacturers. What's his target? The broadcast flag.

Television and movie studios have wanted a broadcast flag for years. The flag is a short analog or digital signal embedded into broadcasts that specifies what users can do with the content. It would most often be used to prevent any copying of broadcast material, but there's an obvious problem with the plan: it requires recording devices to pay attention to the flag. Because no consumers wander the aisles at Best Buy thinking, "You know, I would definitely buy this DVD recorder, but only if it supported broadcast flag technology," the industry has asked the federal government to step in and simply require manufacturers to respect the flag.

At first they approached the FCC, and the FCC complied by dutifully trotting out some new broadcast flag regulations. Unfortunately for the content industry, the FCC doesn't generally have the right to tell manufacturers how to build their products. The rules were thrown out by an appeals court in 2005.

Undaunted, the industry tried again in Congress. Last year, when a rewrite to the 1996 Telecommunications Act was being considered, broadcast flag legislation was in fact attached to the bill and even made it through committee before bogging down.

Sununu's bill will attempt to rein in the FCC and prevent it from reviving the broadcast flag without Congressional authorization to do so. "The FCC seems to be under the belief that it should occasionally impose technology mandates," Sununu said in a statement. "These misguided requirements distort the marketplace by forcing industry to adopt agency-blessed solutions rather than allow innovative and competitive approaches to develop. We have seen this happen with the proposed video flag, and interest groups are pushing for an audio flag mandate as well. Whether well-intentioned or not, the FCC has no business interfering in private industry to satisfy select special interests or to impose its own views."


TOPICS: Business/Economy; Culture/Society; News/Current Events; Technical
KEYWORDS: broadcastflag; fcc; sununu
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This is excellent, the broadcast flag just impeeds our choices, stifles ingenuity and forces standards that no one but the nannystaters want.
1 posted on 01/12/2007 6:16:26 AM PST by PissAndVinegar
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To: PissAndVinegar
...but the nannystaters want.

Wouldn't that be the broacasters that want this. So they can charge royalties every time you watch a show you taped?

2 posted on 01/12/2007 6:20:53 AM PST by raybbr (You think it's bad now - wait till the anchor babies start to vote.)
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I had to look up what a broadcast flag was.


Wikipedia:

A broadcast flag is a set of status bits (or "flags") sent in the data stream of a digital television program that indicates whether or not it can be recorded, or if there are any restrictions on recorded content. Possible restrictions include inability to save an unencrypted digital program to a hard disk or other non-volatile storage, inability to make secondary copies of recorded content (in order to share or archive), forceful reduction of quality when recording (such as reducing high-definition video to the resolution of standard TVs), and inability to skip over commercials. In the United States, new television receivers using the ATSC standard were supposed to incorporate this functionality by July 1, 2005, but a federal court struck down the Federal Communications Commission's rule to this effect on May 6. The stated intention of the broadcast flag was to prevent copyright infringement, but many have asserted that broadcast flags interfere with the fair use rights of the viewing public.


3 posted on 01/12/2007 6:27:09 AM PST by Calpernia (Breederville.com)
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To: PissAndVinegar

I understand people wanting to protect their work product, but when you broadcast something to Millions of people, you kind of let the cat out of the bag, don't you?


4 posted on 01/12/2007 6:29:28 AM PST by gridlock (We just got dumped. McCain and Rudy are Rebound Guys. Let's not marry the Rebound Guy.)
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To: gridlock

So, MSNBC can implement broadcast flags?


5 posted on 01/12/2007 6:33:26 AM PST by rabidralph
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To: PissAndVinegar

Hmmm. As if some enterprising person won't invent an in-line filter that strips the flags or impedes their implementation at the recording device. Flags are just another obstacle to be overcome - and they would be.


6 posted on 01/12/2007 6:35:40 AM PST by Sgt_Schultze
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To: PissAndVinegar

Yes, I don't want that sort of control over what I pay for.

I think this is even something most of the free speech lib-labs will get behind.


7 posted on 01/12/2007 6:37:46 AM PST by HotTubDave
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To: rabidralph

The MSNBC broadcast flag should be set to 'diarrhea ahead, proceed with hip boots'


8 posted on 01/12/2007 6:39:51 AM PST by HotTubDave
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To: raybbr

Broadcasters and nannystaters....it's more that digital rights manangment (DRM) / dictating where you can 'play' said media.

Yes broadcasters want it for royalties - charge you for watching it on TV, then charge you if you want to watch the same content on your phone - which I cannot really argue with. The content is their IP and they have the right to dictate how it's reproduced.

The nannystaters however want this because besides dictating where you can play content, this can also dictate WHAT content you can play.
If set up as they want, one day the Gov't could ask broadcasters to essentially flip a switch and no more R rated programs for anyone, no more "24" cause it offends someone...

Having the FCC involved wreaks of communist china where they control the content of what the people can see. The broadcast flag is a step in that direction.


9 posted on 01/12/2007 6:41:36 AM PST by PissAndVinegar
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To: Calpernia
"A broadcast flag is a set of status bits (or "flags") sent in the data stream of a digital television program that indicates whether or not it can be recorded, or if there are any restrictions on recorded content."

These jerks just will NOT recognize that anybody who wants to copy something will find a way to do so. For video, it's called a "camera", and for audio, it's called a "recorder". Any video or audio product HAS to be converted into "analog" form for human use (vision, hearing). And at that point, it can be re-converted to digital--WITHOUT the "broadcast flag", or any other method of copy protection.

10 posted on 01/12/2007 6:46:42 AM PST by Wonder Warthog (The Hog of Steel-NRA)
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To: HotTubDave

HAHHAAHA!

The visual with chrissy!


11 posted on 01/12/2007 6:47:52 AM PST by WakeUpAndVote (Got towel?)
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To: PissAndVinegar

I'm impressed with Sununu. The industry should not be able to force the equipment makers to put restrictions in the devices they sell to us.


12 posted on 01/12/2007 6:49:26 AM PST by af_vet_rr
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To: PissAndVinegar
According to this Washington Post article, Sununu also wants the government to open up to Congress what they are doing in regards to data mining of American citizens. Maybe this should be posted in its own thread, but it's interesting - many Republicans didn't care about the efforts to create large databases about Americans, including the data mining going into them (although some complained about TIA, they were bypassed when they split the databases up, without even knowing it). Had it been under Clinton, Republicans would have been loudly against this.
13 posted on 01/12/2007 6:53:36 AM PST by af_vet_rr
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To: rabidralph
So, MSNBC can implement broadcast flags?

Katie Couric, too!

14 posted on 01/12/2007 6:56:41 AM PST by gridlock (We just got dumped. McCain and Rudy are Rebound Guys. Let's not marry the Rebound Guy.)
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To: af_vet_rr

"Sununu also wants the government to open up to Congress what they are doing in regards to data mining of American citizens."


I bet Sununu just loves this:

http://www.freerepublic.com/focus/news/1765833/posts?page=26


15 posted on 01/12/2007 7:02:23 AM PST by JZelle
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To: PissAndVinegar

I believe this is the flag that'll cause older HDTVs to downrez 1080i content to 420 on the component inputs.


16 posted on 01/12/2007 7:08:56 AM PST by JZelle
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To: Sgt_Schultze
As if some enterprising person won't invent an in-line filter that strips the flags or impedes their implementation at the recording device.

like macrovision? 

17 posted on 01/12/2007 7:10:05 AM PST by zeugma (If the world didn't suck, we'd all fall off.)
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To: gridlock
...but when you broadcast something to Millions of people, you kind of let the cat out of the bag, don't you?

In the case of true broadcasting...yes. But these days, cable content is sort of lumped into that category...but is not truly a 'broadcast'.

18 posted on 01/12/2007 7:14:24 AM PST by Bloody Sam Roberts (Crime cannot be tolerated. Criminals thrive on the indulgences of society's understanding.)
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To: PissAndVinegar

LOL, what a buncha goobers.

Has the VHS tape caused Armageddon yet?


19 posted on 01/12/2007 7:16:35 AM PST by Constantine XIII
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To: PissAndVinegar

Mess with my TiVo and I will be royally pissed.


20 posted on 01/12/2007 7:18:49 AM PST by Constitution Day ("Facts do not cease to exist because they are ignored." — Aldous Huxley)
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