Consensus at Lawyerpoint: FCC Notice of Proposed Rulemaking on broadcast flag

August 09, 2002

[News]
FCC Notice of Proposed Rulemaking on broadcast flag

The Federal Communications Commission (FCC) today issued a notice of proposed rulemaking (NPRM) "In the Matter of Digital Broadcast Copy Protection" (Media Bureau Docket No. 02-230).

The NPRM seeks public comment on a variety of issues related to the broadcast flag proposals, including whether the broadcast flag is necessary, whether it would be effective, whether the Commission should mandate it, and what effects it would have on various parties. EFF is preparing comments, and other parties should do so as well.

We will probably publish some advice here on "How to Comment to the FCC".

Parties who are interested in co-ordinating their comments with our own are welcome to contact us.

Comments will be due on October 30 and reply comments will be due on December 13.

Posted by Seth Schoen at 12:49 PM

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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...