[Discuss-gnuradio] EFF, Public Interest Groups Challenge Legality of the Broadcast Flag

[John Gilmore]

[The case is not specific to software implementations; it challenges
 FCC's authority to regulate receiver design -- outside of very narrow
 statutory mandates such as the 83-channel TV tuner requirement.   --gnu]

Electronic Frontier Foundation Media Release

For Immediate Release: Tuesday, October 05, 2004

Contact:

Wendy Seltzer
   Staff Attorney
   Electronic Frontier Foundation
   address@hidden
   +1 415 436-9333 x125 (office), +1 914 374-0613 (cell)

Art Brodsky
   Communications Director
   Public Knowledge
   address@hidden
   +1 202 518-0020 (office)   +1 301 908-7715 (cell)

EFF, Public Interest Groups Challenge Legality of the
Broadcast Flag

Lawsuit Questions FCC's Authority to Mandate Copy
Protection on All Hardware That Receives Digital TV Signals

Washington, DC - When the Federal Communications
Commission's (FCC) broadcast flag mandate goes into effect
next year, it will be unlawful to sell devices that can
tune in digital television without imposing copy protection
on the signal. Many groups have argued that the mandate
will hobble people's ability to make fair use of their
media. And late yesterday, nine public interest
organizations -- including the Electronic Frontier
Foundation (EFF), Public Knowledge (PK), and the American
Library Association (ALA) -- told the US Appeals Court, DC
Circuit, that the FCC exceeded its authority by imposing
the broadcast flag regime.

The "flag" is a small amount of data included in a digital
TV signal that gives instructions on how the programming
may be used by devices other than the ones that directly
receive the signal. This has the potential to severely
limit the lawful distribution, use, and backup of digital
programs.

"This is a crucial case that will determine how much
control the government and Hollywood will have over current
and future digital media devices consumers love now and
will in the future," said Gigi B. Sohn, president of Public
Knowledge and co-counsel for the groups.

EFF staff attorney Wendy Seltzer said,  "Right now, you can
put an HDTV tuner card into a PC and build a digital video
recorder that lets you watch digital television as you
choose.  We shouldn't have to trade that freedom for
government-designed TVs."

The brief argues that the FCC has no authority to regulate
digital TV sets and other digital devices unless
specifically instructed to do so by Congress. While the FCC
does have jurisdiction over TV transmissions, transmissions
are not at issue here. The broadcast flag limits the way
digital material can be used after the broadcast has
already been received. "Bowing to a group of copyright
holders led by the MPAA, the FCC promulgated a rule drafted
by those corporate interests that will dictate design
aspects of a vast array of consumer electronics -
televisions, DVD recorders, TiVos, digital VCRs, iPods, and
cell phones - for years to come," the brief reads.

ALA legislative counsel Miriam M. Nisbet said, "Two years
ago Congress passed a law allowing for use of copyrighted
works for distance education.  Yet now the FCC through the
broadcast flag would prevent schools from using an entire
category of those works -- high definition television
programs -- in distance
education."

Filing the brief along with EFF, PK, and the ALA were the
Association of Research Libraries, American Association of
Law Libraries, Medical Library Association, Special
Libraries  Association, Consumer Federation of America, and
Consumers Union.

Information about the case, including the brief:
http://www.eff.org/news/archives/2004_10.php#001968

For this release:
http://www.eff.org/news/archives/2004_10.php#001968

About EFF

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression and privacy online. EFF is a member-supported
organization and maintains one of the most linked-to
websites in the world at http://www.eff.org/


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