joegratz.net

The FCC today announced that it has approved the “broadcast flag”. This rule will require all digital TVs and other devices that can receive DTV transmissions over-the-air manufactured after July 1, 2005 to include technology that limits consumers’ ability to digitally record broadcast TV. The current rule is a significant compromise from the content industries’ initial position in a number of ways:

• Tuning devices may still have analog outputs. The analog hole lives. Also, devices may output unencrypted DVD-quality digital video over a DVI link, according to section 73.9004(a)(6). Note, however, that DTV is much higher quality than DVD.
• The FCC can approve implementations that are only robust enough to prevent ordinary users from circumventing the restrictions. The implementations are not required to keep out expert users or to withstand attacks from products specifically designed to crack the restrictions, even if those cracks become generally and cheaply available.
• Cable and satellite companies may not assert any redistribution control measures over unflagged broadcast content that they redistribute. So, if your local PBS station broadcasts unflagged DTV, your cable company will have to give it to you unflagged and unencrypted. Unfortunately, it’s highly likely that your local PBS station will be the only broadcaster who doesn’t flag all content all the time.
• The approval procedure for implementations is loose enough that some non-heinous implementations may be approved.

However, some of the restrictions remain troubling:

• Implementations will be preferred that allow the manufacturer to remotely disable devices that have been “hacked”.
• Broadcasters may “flag” content that is in the public domain.
• There’s no exception for fair use. This isn’t all that surprising, since the regulation purports not to modify any copyright rights. Trouble is, if you circumvent the access controls, you’ve probably violated the DMCA.
• There are no exceptions for hobbyists, experimenters, tinkerers, archivists, librarians, historians, teachers, or researchers. You simply won’t be able to buy a DTV tuner that outputs an unencrypted, DTV-quality signal for any reason. All recording of high-quality signals will have to be done using equipment that restricts further copying. The GNU Radio project will be outlawed.

I’m seriously considering buying one of these while they’re still legal. DTV tuner cards manufactured today will simply ignore the broadcast flag, and will allow anyone to make perfect digital copies of over-the-air DTV. They don’t become illegal for a few years — plenty of time for enough people to buy them to seed the P2P networks forever. Ineffectiveness: just one more reason this regulation is a bad idea.

UPDATE: Commentary is available from the EFF and Public Knowledge, two advocacy groups that oppose the broadcast flag.