FCC "broadcast flag" approved [LWN.net]

FCC "broadcast flag" approved

Posted Nov 5, 2003 18:54 UTC (Wed) by clugstj (subscriber, #4020)
Parent article: FCC "broadcast flag" approved

I don't see how the FCC has any jurisdiction in the area of receivers. They police the transmitters because they are employing a commons (the airwaves). What the receiver does with the data is no where in that realm. Also, since the format of the signal needs to be public knowledge, no one can use the DMCA (ala CSS) to try to stifle a receiver that ignores the "broadcast flag".

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FCC jurisdiction

Posted Nov 5, 2003 19:15 UTC (Wed) by corbet (editor, #1) [Link]

That's one thing I didn't get into the article; there appears to be a certain amount of uncertainty within the FCC itself with regard to whether it has the authority to make this particular rule. I wouldn't be surprised to see challenges on that front.

FCC "broadcast flag" approved

Posted Nov 5, 2003 19:17 UTC (Wed) by LogicG8 (guest, #11076) [Link]

They most definately can use the DMCA to stifle
devices which circumvent the stupid little flag.

The DMCA specifically prohibits devices whose
primary purpose is circumventing protection of
copyrighted material.

The broadcasts are copyrighted material, the flag
even though it is silly is a "technological measure
to protect copyrighted material".

The open nature format will prevent people from
invoking the DMCA to stifle research into
circumvention. So the technical elite will be
able to get around the "speed bump".

FCC "broadcast flag" approved

Posted Nov 5, 2003 19:22 UTC (Wed) by clugstj (subscriber, #4020) [Link]

I believe it has to be more than simply a flag. Something like encryption, such as CSS (lame as it is).

FCC "broadcast flag" approved

Posted Nov 5, 2003 19:45 UTC (Wed) by Ross (subscriber, #4065) [Link]

I don't think so. It has to be an effective control. The FCC requires
that it can not be circumented easily by an end user. That sounds likely
to invoke the DMCA.

Land of the Free?

Posted Nov 6, 2003 0:54 UTC (Thu) by mdekkers (guest, #85) [Link]

This is not an anti-US rant (just disclaiming in case I get arrested)

Everywhere I look, the "Land of the Free" seems to become less so every day - the single highest prison population in the world (ironic, isn't it) and a serious boatload of stupid laws and rules designed to make the rich richer faster, while keeping the "normal" people "normal". Broadcast flag? huh? how stupid is is that? DMCA? that is like "I don't care what you are up to but I don't like it, go to jail" card. With all the silly restrictions and such, I fail to see how you are significantly Free-er then anyone else.....

FCC's powers over receivers

Posted Nov 8, 2003 4:56 UTC (Sat) by giraffedata (subscriber, #1954) [Link]

I'm no expert on the laws that empower the FCC, but I know the FCC has exercised control over receivers in the past. When the number of TV channels has expanded, the FCC has required all TV receivers to tune them all in. The FCC is requiring all TVs to get HDTV soon.

Congress has given the FCC broad powers to ensure we as a society get the most out of the airwaves. Notice that in the case of the broadcast flag, the FCC says the purpose is that it believes more stuff will be broadcast with the broadcast flag restrictions in place than without them. More stuff broadcast is what we all want.