Stopping the Signal: Broadcast Flag Update #2
October 10, 2005
http://www.eff.org/deeplinks/archives/004047.php
Not long ago we updated you on the MPAA and RIAA's shenanigans to smuggle
the Broadcast Flag through the United States Senate. Those who paid
attention during "Schoolhouse Rock" will realize that's only half of the
duo's burden. To make the Flag law, they must march it past the House of
Representatives, too.

Now the second shoe has dropped: 20 members of the House sent an open letter
to Congressman Fred Upton, Chairman of the House Subcommittee on
Telecommunications and the Internet (part of the House Committee on Energy
and Commerce), and its ranking member, Edward J. Markey. All 20 pledged
their allegiance to the Broadcast Flag.

The letter is short, with a single substantive talking point. If Congress
doesn't deliver a Broadcast Flag pronto, warns the letter, content producers
will abandon free, over-the-air broadcast TV.

To pound home this dire threat, the phrase "free, over-the-air television"
is repeated no fewer than eight times - with four repetitions in four
consecutive sentences. It's a little like the local racketeer rustling up
extra protection money by emphasizing over and over how beautiful your
precious Ming vase is, and what a tragedy it would be if anything were to
happen to it.

But no matter how many times this threat is repeated, it's not even close to
credible. The corporations that make up the MPAA have been threatening to
boycott digital TV for years, without ever actually managing to stop
broadcasting. Of course, Mr. Upton doesn't really need convincing, anyway.
He's already gone on record as supporting the Broadcast Flag.

So why are 20 House representatives writing him a public letter? Because Mr.
Upton is the one who needs a show of support.

You see, it appears that the MPAA and RIAA may have a problem with the House
of Representatives.

The driver of digital TV legislation in the House is Joe Barton, Chairman of
the Commerce Committee. And if what we hear through beltway back channels is
true, Barton wants a deal. He believes that if the MPAA wants the Broadcast
Flag in his bill so badly, it should be willing to compromise.

But the MPAA is in no mood for discussion. It wants to ram this bill through
as quickly as possible, and it's leaning on Upton to stay the course. The
letter is a way of saying that Upton isn't alone.

Fortunately for us, the fact that 20 out of 57 committee members support the
Flag sends a message the MPAA doesn't want anyone to hear: the Broadcast
Flag is controversial. If it wasn't, no one would be writing open letters to
anyone else. And that means this committee has a duty to engage in serious,
careful, comprehensive discussion and debate before the Flag legislation
goes anywhere.

The Hollywood lobbyists are tallying their support, but they don't have the
majority of the committee convinced. Do your part: tell your representative
that you and your fellow constituents won't stand for the Broadcast Flag,
especially without a hearing showing evidence that anyone but the MPAA and
RIAA supports it.



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