In an aim to prevent the unauthorised distribution of recorded content off of digital TV including HDTV, both broadcasters and content owners have successfully pushed the FCC to put make copyright enforcement mandatory controlled by a broadcast flag on devices capable of receiving digital TV broadcasts from mid 2005.
Back in March this year, the EFF along with eight other public interest groups tried fighting against this broadcast flag mandate with a lawsuit. They claimed that without Congress instruction the FCC does not have any authority to regulate Digital TV sets and other devices capable of receiving digital TV. While they can control TV transmissions including adding copyright control flags, it is the mandating of broadcast flag enforcement in devices that is the main concern.
Unfortunately according to a recent FCC brief, the FCC's act gives them control over every single device that handles digital TV from the initial point of transmission to the final point of reception. This Act also joins perfectly with the DMCA since the DMCA outlaws the circumvention of copyright protection measures. The FCC also cannot deny what it had to get explicit authority from the Congress in the past on previous changes that affect consumer broadcast receiving equipment. Sherrif used our news submit to let us know about the following news:
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...the FCC has no authority to regulate digital TV sets and other digital devices unless specifically instructed to do so by Congress. While the FCC does have jurisdiction over TV transmissions, transmissions are not at issue here. The broadcast flag limits the way digital material can be used after the broadcast has already been received. The heart of the matter is rather simple: does the FCC have the legal status necessary to regulate digital TV or not? Susan Crawford has been following this, and posted the brief (PDF) that was filed by the FCC in response to this question, along with her thoughts on the implications of the FCC's increased bravado: The FCC's brief, filed in response to PK's challenge to FCC's jurisdiction in the flag matter, is breathtaking. FCC's position is that its Act gives it regulatory power over all instrumentalities, facilities, and apparatus "associated with the overall circuit of messages sent and received" via all interstate radio and wire communication. That's quite a claim. The scope of such a claim is immense, reaching people's PCs and any other conceivable digital television consumption device. Unfortunately, it's evident that much of the FCC's latest legislation (and hubris) comes at the behest of the larger players in the content production industry, which doesn't bode well for consumers. The trifecta of increasingly draconian copyright restriction, combined with the new ability (via the DMCA) of private entities to effectively set their own copyright rules outside scope of the law, and an FCC that thinks it controls as much as it does, create a harsh environment for smaller companies and consumers. Indeed, the FCC's dismissal of 70 years of procedures reflects the potential problems we could face in near future: [The] FCC can't deny that every single time it has made a rule affecting consumer electronics devices it has had explicit authority from Congress to do so. But its brief argues that none of these statutes "demonstrate[] a congressional understanding that the FCC lacks general rulemaking authority over television receiving equipment." ("Congress didn't tell us we couldn't act.")" Read the full article here. |
It looks like that once the change over to digital TV is complete, recording content to archive will either no longer be possible or likely be subject to certain restrictions, very unlike the trusty VHS video recorder.
On the other hand, while the broadcast flag restrictive measures may seem new to Digital TV, there is one form of anti-recording measure that has been in use for several years now - Macrovision. So far we hardly see it in use on broadcasts other than certain pay-per-view events and movies, although it is widely used in movie DVDs.
However, with the broadcast flag, it is not an anti-recording measure, but control of what can be done with recorded content. For example a flag could be set to allow recording a soap, but only allow it to be played back once. Programming using this restriction would be fine for those who record daytime programmes while working and just watch the recording once before overwriting it with the next day's programme. However, this could be abused to prevent archival of content such as building up a collection of recorded documentaries, programme series and so on. Content and copyright holders may do this such that they can make profit by charging for each viewing of old programmes, much like how SoapCity allows viewer to watch backdated episodes for a fee.
Sherrif added: Just when you thought it couldn't get any worse.......what next ??..will I need permission from one of the big coprporations or the US govt to log onto my own computer ??
Source: Ars Technica News
