Sununu bitchslaps FCC over broadcast flag

[Peregrine]

Good to see a small-government Republican stepping up to the plate, just like the old days:


hxxp://arstechnica.com/news.ars/post/20070111-8596.html

Senator John Sununu (R-NH) has just announced that his office is working on legislation that would prevent the FCC from creating specific technology mandates that have to be followed by consumer electronics manufacturers. What's his target? The broadcast flag.

Television and movie studios have wanted a broadcast flag for years. The flag is a short analog or digital signal embedded into broadcasts that specifies what users can do with the content. It would most often be used to prevent any copying of broadcast material, but there's an obvious problem with the plan: it requires recording devices to pay attention to the flag. Because no consumers wander the aisles at Best Buy thinking, "You know, I would definitely buy this DVD recorder, but only if it supported broadcast flag technology," the industry has asked the federal government to step in and simply require manufacturers to respect the flag.

At first they approached the FCC, and the FCC complied by dutifully trotting out some new broadcast flag regulations. Unfortunately for the content industry, the FCC doesn't generally have the right to tell manufacturers how to build their products. The rules were thrown out by an appeals court in 2005.

Undaunted, the industry tried again in Congress. Last year, when a rewrite to the 1996 Telecommunications Act was being considered, broadcast flag legislation was in fact attached to the bill and even made it through committee before bogging down.

Sununu's bill will attempt to rein in the FCC and prevent it from reviving the broadcast flag without Congressional authorization to do so. "The FCC seems to be under the belief that it should occasionally impose technology mandates," Sununu said in a statement. "These misguided requirements distort the marketplace by forcing industry to adopt agency-blessed solutions rather than allow innovative and competitive approaches to develop. We have seen this happen with the proposed video flag, and interest groups are pushing for an audio flag mandate as well. Whether well-intentioned or not, the FCC has no business interfering in private industry to satisfy select special interests or to impose its own views."

[JonInMiddleGA]

I didn't even realize that Sununu was still alive, much less was in Congress.

[SirFozzie]

Nice.

[QuikSand]

I didn't even realize that Sununu was still alive, much less was in Congress.

This is his son.

[JonInMiddleGA]

He would probably have gotten more traction with me if he had gone after the forced manufacturing standards on TV's rather than on this. As it is, he's just left looking like he may be on the side of the pirates.

[JonInMiddleGA]

This is his son.

Oh. Thanks.

And yes, sadly, I was completely serious (in case anyone wondered).

[SirFozzie]

Yeah, we know Jon

[st.cronin]

Oh. Thanks.

And yes, sadly, I was completely serious (in case anyone wondered).

No, I was actually thinking the same thing.

[JonInMiddleGA]

Yeah, we know Jon

My "completely serious" comment referred to thinking this was the elder Sununu, not to the subsequent comment. But the latter seems to be the one you're referring to, so I'll just say:

Good. And I'll keep on repeating it just as firmly as those who support piracy and criminal behavior do.

[SirFozzie]

Yes, we know Jon :)

I've learned that on issues where we're this far apart, then arguing it with each other will just get us riled up, and give us headaches. (oh yeah, and make half the board put us on ignore.)

Give me some credit for learning ;)

[Oilers9911]

And here we go again. Did you know the real reason Saddam was hanged was because he downloaded the latest Green Day album?

[gstelmack]

This isn't just going to affect pirates, Jon. This is the flag that means you MUST have a digital connection between your TV and your video receiver in order to view HD content. If you have an older non-HDMI TV, you would be forced to buy a whole new TV in order to view HD content with the flag attached. This would screw a whole realm of legitimate early-adopters of HD technology, and even many that are buying sets now.

For example, my set supports HDMI, but only on one input. I have an HD satellite receiver, a DVD changer, and an Xbox 360 all connected, 2 via component and one via HDMI. With this change, any HD-DVDs I played on my 360 would be downsampled when viewed, despite my ownership of everything in the chain. This is an $1800 TV bought 3.5 years ago.

[JonInMiddleGA]

This isn't just going to affect pirates, Jon.


But nothing you posted, as unfortunate as it may be, is remotely as compelling to me as measures to uphold copyright law.

[gstelmack]

But nothing you posted, as unfortunate as it may be, is remotely as compelling to me as measures to uphold copyright law.

I'm all for upholding copyright law. But creating a police state over this is patently absurd. You are advocating the punishment of legitimate, paying customers to prevent the jerkwads from stealing (and more importantly jerkwads that constantly figure out how to get around this stuff).

I'm all for nailing people that copy music and violate copyright laws. I don't think that punishing the people that go out of their way to pay for the best stuff is a viable way to do so.

[Toddzilla]

Clearly, the easiest thing to do would to just change the copyright law and we'd all be happy :)

[JonInMiddleGA]

You are advocating the punishment of legitimate, paying customers to prevent the jerkwads from stealing (and more importantly jerkwads that constantly figure out how to get around this stuff).

It's a hinderence on the use of a burglars tool, and there is no such thing as a divine right to the HD format.

[sabotai]

I've learned that on issues where we're this far apart, then arguing it with each other will just get us riled up, and give us headaches. (oh yeah, and make half the board put us on ignore.)

But gives the other half quality entertainment. ;)

[SirFozzie]

But gives the other half quality entertainment. ;)

I KEEL YOU NOW! :D

[cartman]

It's a hinderence on the use of a burglars tool, and there is no such thing as a divine right to the HD format.

A screwdriver is also a burglar's tool, but you don't make mechanics buy whole new tools sets every time someone figures out a new way to break into a house.

Just as there isn't a divine right to HD, there isn't a divine right for copyright holders to make you buy new versions of already purchased content and devices to play them on just because someone (as they always will) figured out how to circumvent copyright protection. There has to be a balance. The 'fair use' argument has shown that copyrights are not absolute.

[Oilers9911]

It's a hinderence on the use of a burglars tool, and there is no such thing as a divine right to the HD format.

I steal a car is and you are forced to buy a new car to prevent further car thefts. Is that fair to you? Do you have a divine right to your car?

[Coffee Warlord]

I steal a car is and you are forced to buy a new car to prevent further car thefts. Is that fair to you? Do you have a divine right to your car?

Don't bother. Jon and half the people on this board have been round and round on this.

[Oilers9911]

I think if Jon had an HDTV that had to be replaced because of this his thoughts might change a bit.

[stevew]

I didn't realize this was Sununu's child either.

[JPhillips]

It's a hinderence on the use of a burglars tool, and there is no such thing as a divine right to the HD format.

Who knew Jon was such a big proponent of gun control?

[SirFozzie]

Who knew Jon was such a big proponent of gun control?

Oh man. you just did not go there, did you?

[st.cronin]

Pop quiz: JimGa's idea of gun control is ___________.

[stevew]

At least JIMGA could be happy today, since the Steelers were interviewing Chan Gailey for their HC Position
:(:(:(:(:(:(:(:(:(

[JonInMiddleGA]

Pop quiz: JimGa's idea of gun control is ___________.

... hitting what you aim at
:D

[SirFozzie]

Ba-dump dump (cymbal)

[Daimyo]

The broadcast flag breaks homemade or opensource DVRs (like MythTV). Since currently a home made approach is the only way for many to really do HD DVR (Tivo doesn't support QAM). The broadcast flag hurts a lot more than just pirates.

[st.cronin]

... hitting what you aim at
:D

Sorry, you are ineligible for this contest. Nobody wins. I will keep all prize money.

[-Mojo Jojo-]

Sununu's bill will attempt to rein in the FCC and prevent it from reviving the broadcast flag without Congressional authorization to do so.

While I appreciate the sentiment, Sununu is wasting his time. The DC Circuit Federal Appeals Court has already prevented the FCC from instituting a broadcast flag without Congressional authorization. That was precisely the reason the FCC lost the case. It's like this:


FCC: We want to create a broadcast flag.
DC Circuit: You have no authority for that and can't do it unless Congress gives you authority for it.
Sununu: Let's pass a law that says the FCC can't create a broadcast flag without our authorization. :confused:

How about you just don't authorize it?

[larrymcg421]

You pass the law so the higher court can't overrule that decision.

[SirFozzie]

And also, for future issues LIKE the broadcast flag.