Senate punts on broadcast flag option

By Declan McCullagh
http://news.com.com/Senate+punts+on+broadcast+flag+option/2100-1028_3-575980
7.html

Story last modified Thu Jun 23 15:31:00 PDT 2005

A key U.S. Senate panel on Thursday decided not to intervene in a
long-simmering dispute over the "broadcast flag," a form of copy-prevention
technology for digital TV broadcasts.

At a meeting reserved for voting on spending bills, not one member of the
Senate Appropriations Committee proposed an amendment authorizing federal
regulators to mandate the broadcast flag.

Consumer groups had predicted that such an amendment would be offered at the
11 a.m. PDT meeting and had asked their supporters to contact senators in
opposition to the idea. Their worry: The broadcast flag could be injected
into an appropriations bill for the Federal Communications Commission.

The strategy seems to have worked. "The broadcast flag amendment was not
included in the bill," said Virginia Davis, press secretary for Sen. Richard
Shelby, R-Ala.

"That appears to be a good sign," said Art Brodsky, a spokesman for Public
Knowledge. Brodsky warned, though, that the requirement could be inserted
when the appropriations bill heads to the Senate floor for a final vote. The
broadcast flag would curb consumers' rights to make fair use of digital TV
content, Public Knowledge says.

At the meeting, which lasted about 75 minutes, committee members unanimously
approved a spending bill--which in part funded the FCC--without any major
amendments.

In November 2003, the FCC voted unanimously to adopt the broadcast flag
rule, which required manufacturers of digital TVs and computer HDTV tuners
to abide by a complex set of regulations designed to limit Internet
redistribution of video clips. Manufacturers that did not comply would be
subject to government sanctions.

But a federal appeals court in May tossed out the FCC's rule, saying the
agency had exceeded what Congress had permitted. The court did, however,
note that Congress had the power to authorize the broadcast flag if it
chose.

Since then, politicking over the broadcast flag has shifted to Congress.
Motion Picture Association of America chief Dan Glickman said in an opinion
article last month that the rule is necessary "to assure a continued supply
of high-value programming to off-air digital television consumers," and a
copy of draft legislation has surfaced.

CNET News.com's Anne Broache contributed to this report




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