Pro-Hollywood bill aims to restrict digital tuners

By Declan McCullagh
http://news.com.com/Pro-Hollywood+bill+aims+to+restrict+digital+tuners/2100-
1028_3-6001825.html

Story last modified Mon Dec 19 17:08:00 PST 2005

A new proposal in Congress could please Hollywood studios, which are
increasingly worried about Internet piracy, by embedding anticopying
technology into the next generation of digital video products.

If the legislation were enacted, one year later it would outlaw the
manufacture or sale of electronic devices that convert analog video signals
into digital ones--unless those encoders honor an anticopying plan designed
to curb redistribution. Affected devices would include PC-based tuners and
digital video recorders.

"This legislation is designed to secure analog content from theft that has
been made easier as a result of the transition to digital technologies,"
House Judiciary Committee Chairman James Sensenbrenner Jr., a Wisconsin
Republican, said late Friday. Criminals "obtain copyrighted content and then
redistribute for profit at the copyright owner's expense," he added.

Sensenbrenner's bill, also backed by Democratic Rep. John Conyers, is
designed to plug what technologists have come to call the "analog hole."
That's the practice of converting copy-protected digital material to analog
format, stripping away copy protection, and shifting the material back to
digital format with only a slight loss in quality.

The Motion Picture Association of America applauded the legislation, called
the Digital Transition Content Security Act. MPAA Chairman Dan Glickman said
in a statement that it was a "very important piece of legislation that will
promote more consumer choice as it protects copyright owners in the digital
age."

The legislation was introduced just as Congress is departing for the
holidays, so it likely won't be considered for the next few months. But it
could draw strong opposition from consumer electronics makers and advocacy
groups such as Public Knowledge and the Electronic Frontier Foundation,
which already had expressed alarm over an earlier version.

Learning from earlier setbacks
Because the Sensenbrenner-Conyers legislation would hand broad power to the
Commerce Department to police the consumer electronics industry, it could
yield an aggressive industry response similar to last year's tussle over the
Induce Act.

During that process, electronics manufacturers and some Internet providers
managed to defeat the Induce Act by arguing that it might be intended to
restrict file swapping, but it would actually imperil devices such as Apple
Computer's iPod. A 2002 proposal to forcibly implant anticopying technology
in consumer gear also was defeated.

The wording of the Sensenbrenner-Conyers proposal seems to indicate that the
MPAA and its congressional allies have learned from earlier rounds in
Congress over digital copyright. Their bill partially exempts libraries and
educators, for instance, chipping away at one potential source of
opposition. It also says:

€ Digital video recorders with analog tuners or inputs would only be allowed
to record "copy-prohibited" shows for 90 minutes. After that, the digital
recording must be "destroyed or otherwise rendered unusable."

€ Analog video output of "copy-prohibited" recordings would be permitted as
long as it was to a VGA output with a resolution of no more than 720 pixels
by 480 pixels.

€ Violations would be punished by civil penalties between $200 and $2,500
per product. Commercial offenders would be imprisoned for up to five years
and fined not more than $500,000.

€ The two copy-protection systems that must be supported are Video Encoded
Invisible Light--used in a Batmobile toy--and Content Generation Management
System-Analog. Products manufactured and also sold to consumers before the
law's restrictions kick in a year after its enactment would be legal to
resell. 



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