Still Not Perfect

Groklaw reports that the DC Circuit of the US Court of Appeals has ruled that the FCC does not have the authority to impose the Broadcast Flag requirement on digital TV consumers and equipment manufacturers. The Court decided that the FCC had overstepped it’s bounds and that it did not have any authority to make regulations regarding the Broadcast Flag until Congress grants them that power.

The FCC Broadcast Flag was an attempt by the MPAA and other content distributors to limit the legal uses of digital TV broadcasts to initial viewing. This means that recording for later viewing or otherwise archiving the broadcasts would be illegal (at least in their original digital quality), and it would therefore be illegal for manufacturers of consumer electronics and computer equipment to ship devices that allowed recording of content “protected by” the Broadcast Flag. Naturally the Broadcast Flag would really put a damper on the development of innovative technologies like Tivo that actually enhance and improve our lives instead of complicating them.

Of course I’m sure the MPAA and other proponents of the Broadcast Flag will not give up just yet. I expect that they will make every effort to get the ruling overturned by higher courts. If that is not successful I expect that they will return to lobbying Congress for legislation that grants the FCC the power to control what consumers do with content after it has been broadcast. I personally believe that the FCC’s power should only apply to the communication of information, which includes transmission and any interference with transmission. What a consumer does with the signal and the content after their device (which is their personal property) has received the transmission should be up to them (as long as their uses of the content respect the copyright). I do not believe that the FCC’s power should apply to devices that can be used to receive broadcasts (specific purpose consumer electronics or general purpose computer devices), other than regulating their interference with transmission of those broadcasts and other’s receipt of those broadcasts.

If you value your freedom to do what you want with your digital TV signal for your personal use after you have received it into your home please consider writing to your Senator and House Representative to make sure they know it. Because if the Broadcast Flag decision is upheld in higher courts, you can bet the MPAA lobbyists will start in on Congress. You can also contribute to the fight for your freedom in the digital world by supporting the EFF.