The Federal Communications Commission ("FCC") on August 8, 2002 issued a Notice of Proposed Rulemaking related to digital broadcast copy protection. Digital copy protection attempts to prevent the unauthorized copying and redistribution of digital media. The FCC said that the lack of such digital copy protection may be impeding the transition to digital television and now seeks comments on whether it should intercede and mandate the use of a copy protection mechanism for digital broadcast television.
Private Industry Proposal of A "Broadcast Flag"
The Broadcast Protection Discussion Subgroup of the Copy Protection Technical Working Group, consisting of more than 70 representatives of the consumer electronics, information technology, motion picture, cable and broadcast industries, came to a consensus on the use of a "broadcast flag" standard for digital broadcast copy protection. This standard would mark digital broadcast programming to limit the copying of such programming aired by broadcast-TV stations. However, there is no universal agreement on the use and implementation of the flag, nor is there any agreement on how to enforce the digital copy protection.
FCC Seeks Comment On Whether Digital Broadcast Copy Protection Is Necessary, How To Achieve Such Protection and Mechanisms for Compliance and Enforcement
Initially, the FCC requests comments on whether a regulatory copy protection regime is necessary for digital broadcast television. More specifically, the FCC is asking whether quality digital programming is being withheld because of concerns over the lack of digital copy protection, and if so, the nature and extent of the piracy concerns. The FCC seeks comment in particular regarding the following:
If FCC-mandated digital broadcast copy protection rules are necessary:
With respect to reception of the digital broadcast signal:
With respect to the impact of the broadcast flag or other digital broadcast copy protection mechanism on consumers:
The FCC must receive any comments on these issues by October 30, 2002 and any reply comments by December 13, 2002.
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