Tuesday, July 04, 2006

Flags of Ill Advice

Broadcast flag From Wikipedia, the free encyclopedia
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 a 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.
The broad rewrite of US telecommunications laws makes it to the Senate floor, it will include the broadcast flag. Despite
objections voiced by Sen. John Sununu (R-NH), the Senate Committee on Commerce, Science, and Transportation has left both the
audio and video broadcast flags.
However, individual senators would still be able to offer amendments to the legislation that would remove the controversial
flags. Sen. Sununu has indicated he might do exactly that.
The Commerce Committee will continue reviewing the bill, amendment by amendment, with network neutrality next on the list.
Once they have finished marking up the bill, Chairman Ted Stevens (R-AK) still has to make the call on whether to send it to
the full Senate for a vote. Right now, he's undecided, as he believes it is doubtful the bill's proponents could muster the
60 votes necessary to stop a possible filibuster.
Sen. Ron Wyden (D-OR), is opposing any telecom legislation that does not include a provision safeguarding network neutrality.
"I will do anything I can to block a major telecom rewrite that undermines what makes the Internet special. I will block it.
I will do anything I can to derail it," said Wyden. That may include placing a hold on the bill to further delay attempts at
passage.
The House of Representatives, the House Energy and Commerce Committee held hearings on the net neutrality issue. RIAA CEO Mitch Bainwol, EVP Fritz Attaway from the MPAA, and Gary Shapiro, the CEO of the Consumer Electronics Association all testified before the comity. They said the flags are essential to the survival of the music and movie industries. The CEA's Shapiro disputed that, telling the Committee that "we have to stop measuring creativity by the financial interests of ten companies."

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