Consensus at Lawyerpoint: Hollings: Broadcast flag now, by FCC mandate

July 19, 2002

[News]
Hollings: Broadcast flag now, by FCC mandate

EFF was advised that Sen. Ernest Hollings has written a letter to the FCC advocating immediate implementation of a broadcast flag mandate -- even without additional legislation. Hollings apparently claimed that the FCC already has, under existing statutes, the authority necessary to require that all manufacturers comply with BPDG rules.

We hope to have the text of the letter available soon.

Sen. Hollings is also the author of the "Consumer Broadband and Digital Television Promotion Act" (CBDTPA) -- often ridiculed as "Consume, But Don't Try Programming Anything". (EFF takes Disney and other entertainment companies to task for their support of such legislation.)

Posted by Seth Schoen at 05:10 PM

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Full EFF Report on BPDG

What is the BPDG?

In the year 2006 all over-the-air television will be digital. This is pretty hot stuff: crystal-clear pictures, ear-popping audio and interactive features for days. But as the technologists give, the studios take away.

The Broadcast Protection Discussion Group is an obscure group of Hollywood studios and technology companies that are negotiating a "consensus" for any gadget or code that can touch the studios' product. Once they're done, they want to go to Washington and ask Congress and/or the FCC to give their "standard" the force of law.

So what? Well, this is a radical departure from the way it's usually done. Usually, bright nerds invent something cool and the entertainment industry has a nervous breakdown and runs around telling everyone that the sky is falling (Marconi got sued over the radio, Sony got sued over the VCR, and it took a near miracle to get movies out of the studios' vaults and onto television). People pick up on the tech and all the interesting ways that it can be used as a creative tool, and gradually the entertainment industry realizes that a new day has dawned and gets its act together, starts shipping product for the new media, and takes home yet another squillion dollars.

This time around, the entertainment industry wants to take away all that sloppy, inefficient fooling around where technology companies try out lots of different approaches, where garage inventors go from obscurity to posterity under a hail of customers, where you and I get to invent amazing new uses for our stuff that a bunch of engineers in a board-room never would've thought of in a million years. This time around, everything not forbidden is mandatory. MORE...