[Politech] FCC orders "broadcast flag" for digital TV, from Tech Daily [ip]

From: Declan McCullagh (declan@private)
Date: Tue Nov 04 2003 - 15:22:40 PST

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    From: "Clark, Drew" <dclark@private>
    To: "Declan McCullagh (E-mail)" <declan@private>,
    Subject: For [Politech]
    Date: Tue, 4 Nov 2003 18:11:35 -0500
    
    Just posted on Technology Daily:
    
    Technology Daily Breaking News
    FCC: Digital TV Makers Must Include Anti-Piracy Technology
    The FCC announced late Tuesday that it will require
    <http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240759A1.pdf> digital
    television manufacturers to include "broadcast flag" technology in their
    sets by July 2005 in an attempt to stop individuals in the future from
    pirating digital television programs.
    FCC Chairman Michael Powell said in a statement
    <http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240759A2.pdf> that
    the commission's decision "strikes a careful balance between content
    protection and technology innovation in order to promote consumer
    interests."
    In an accompanying press release
    <http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240759A1.pdf>, the
    agency said it had established a series of "objective criteria" and that it
    had made other modifications to the flag. The FCC also declined to bar
    broadcasters from marking news and public affairs programming with the flag.
    
    All five commissioners supported elements of the decision, but Commissioners
    Michael Copps and Jonathan Adelstein dissented on parts of it.
    In his statement, Powell said the public would benefit from the decision
    because of the availability of high-definition digital programming through
    over-the-air broadcasting.
    He also said the commission had modified the proposal originally urged by
    the Motion Picture Association of America <http://www.mpaa.org/> (MPAA). "As
    recommended by many in the information technology community, we have
    identified objective criteria to guide our decisions on new content
    technologies. These criteria lay out a roadmap for companies seeking to
    bring new technologies to market." The flag technology has been a flashpoint
    in the battle between Hollywood and Silicon Valley over technology mandates.
    
    As originally designed by News Corp. and subsequently ratified by all MPAA
    companies, the flag would have required all manufacturers to use encryption
    technology patented by only six electronics companies, including Intel and
    IBM.
    Commissioner Kathleen Abernathy supported
    <http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240759A3.pdf> the
    decision "because of the changes we have made to the way transmission and
    recording technologies are approved." She added, "While we are asking for
    further comment on this issue, we set up on an interim basis a transparent,
    open and objective approval process that will promote the development of
    competition in the marketplace and foster innovation."
    The FCC is establishing an interim process to consider content-protection
    technologies on an expedited basis. The agency hopes to finalize the list of
    approved technologies by early 2004. In addition, the agency is seeking more
    input on determining the criteria it should use for approving
    content-protection technologies.
    But Copps and Adelstein were not fully satisfied with the decision.
    "I dissent in part, first, because the commission does not preclude the use
    of the flag for news or for content that is already in the public domain,"
    Copps said in a statement
    <http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240759A4.pdf>. He
    also said he dissented from elements of the order because it did "not
    expressly consider the impact of a technology on personal privacy."
    Adelstein said
    <http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240759A5.pdf>, "I
    dissent in part, as I do not believe we have fully achieved our goal of
    creating an effective and appropriately tailored pro-consumer digital
    broadcast television protection regime."
    In the accompanying press release, the FCC said, "digital videocassette
    records, digital videodisc players and personal computers that are not built
    with digital tuners installed are not required to comply with the new rule."
    
    
    by Drew Clark <mailto:dclark@private>, National Journal's
    Technology Daily
    © National Journal Group
    
    
    Drew Clark
    Senior Writer, National Journal's Technology Daily
    
    National Journal's Technology Daily home:
    http://nationaljournal.com/pubs/techdaily
    Information about National Journal's Technology Daily:
    http://www.technologydaily.com
    
    tel 202-261-0357
    fax 202-261-0361
    cell 202-329-9517
    e-mail dclark@private
    or       drew@private
    
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    Washington, DC 20005
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