Broadcast flag

A broadcast flag is a set of status bits (or a "flag") sent in the data stream of a digital television program that indicates whether or not the data stream can be recorded, or if there are any restrictions on recorded content. Possible restrictions include the inability to save an unencrypted digital program to a hard disk or other non-volatile storage, inability to make secondary copies of recorded content (in order to share or archive), forceful reduction of quality when recording (such as reducing high-definition video to the resolution of standard TVs), and inability to skip over commercials.

Where first used

In the United States, new television receivers using the ATSC standard were supposed to incorporate this functionality by July 1, 2005.

The FCC Broadcast flag ruling

Officially called "Digital Broadcast Television Redistribution Control," the FCC's rule is in 47 CFR 73.9002(b) and the following sections, stating in part: "No party shall sell or distribute in interstate commerce a Covered Demodulator Product that does not comply with the Demodulator Compliance Requirements and Demodulator Robustness Requirements." According to the rule, hardware must "actively thwart" piracy.

The rule's Demodulator Compliance Requirements insists that all HDTV demodulators must "listen" for the flag (or assume it to be present in all signals). Flagged content must be output only to "protected outputs" (such as DVI and HDMI ports with HDCP encryption), or in degraded form through analog outputs or digital outputs with visual resolution of 720x480 pixels (EDTV) or less. Flagged content may be recorded only by "authorized" methods, which may include tethering of recordings to a single device.

Since broadcast flags could be activated at any time, a viewer who often records a program might suddenly find that it is no longer possible to save their favorite show. This and other reasons lead many to see the flags as a direct affront to consumer rights.

Particularly troubling to open source developers are the Demodulator Robustness Requirements. Devices must be "robust" against user access or modifications so that someone could not easily alter it to ignore the broadcast flags that permit access to the full digital stream. Since open-source device drivers are by design user-modifiable, a PC TV tuner card with open-source drivers would not be "robust". It is unclear whether binary-only drivers would qualify. Projects could also be affected at the application level. In theory it would likely be illegal for open-source projects such as the MythTV project, which creates personal video recorder (PVR) software, to interface with digital television demodulators.

Some companies currently manufacturing devices, such as the pcHDTV devices intended for the Linux market, would likely be forced to halt production. This portion of the rule also effectively prevents individuals from building their own high-definition television sets and receiving devices. (It may seem far-fetched to a layman, but there have been many instances in the past where engineers have built their own analog TVs, and it follows that some people would wish to continue such pursuits in the digital age. The technologies used will most likely be centered around software-defined radio, fast ADCs and FPGA chips - tools with so generic use their availability can not be effectively restricted.)

The GNU Radio project already successfully demonstrated that purely software-based demodulators can exist and the hardware rule is not fully enforceable.

Current status

The United States Court of Appeals for the D.C. Circuit ruled that the FCC had exceeded its authority in creating this rule. The court stated that the Commission could not prohibit the manufacture of computer or video hardware without copy protection technology because the FCC only has authority to regulate transmissions, not devices that receive communications. It is possible that a higher court may overturn this ruling, or the United States Congress may grant such authority to the FCC. Some of the major U.S. television networks have stated in the past that they will stop broadcasting high-definition content if the rule does not go into effect. Fact|date=February 2007

As of June 21, 2005, there are rumors Hollywood is attempting to sneak the Broadcast Flag back as a rider on the Senate Appropriation bill. [http://www.boingboing.net/2005/06/20/urgent_call_your_sen.html US Senate Appropriation bill] ]

On May 1, 2006, Sen. Ted Stevens inserted a version of the Broadcast Flag into the Communications, Consumer’s Choice, and Broadband Deployment Act of 2006. The draft section can be seen here [http://www.publicknowledge.org/node/316 Communications, Consumer’s Choice, and Broadband Deployment Act of 2006 (draft)] ] , and the full text of the bill here [http://static.publicknowledge.org/pdf/stevens-cccbda-draft-20060501.pdf full text (Adobe PDF format)] of Communications, Consumer’s Choice, and Broadband Deployment Act of 2006] . On June 22, 2006 Sen. John E. Sununu offered an amendment to strike the broadcast and radio flag [http://www.publicknowledge.org/node/475 Sen.John E. Sununu amendment] ] , but this failed and the broadcast-flag amendment was approved by the Commerce committee, who at the same time voted down the network neutrality provisions [http://arstechnica.com/news.ars/post/20060628-7151.html network neutrality provisions] ] . Nonetheless, the overall bill was never passed, and thus died upon adjournment of the 109th Congress in December 2006.

On May 18, 2008, News.com reported that Microsoft had confirmed that current versions of Windows Media Center shipping with the Windows family of operating systems did adhere to the use of the broadcast flag, following reports of users being blocked from taping specific airings of NBC programs, mainly American Gladiators and Medium. A Microsoft spokeperson said that Windows Media Center adheres to the "rules set forth by the FCC", even though no legislation actually requires following such rules. [http://www.news.com/8301-10784_3-9946780-7.html?tag=nefd.riv Microsoft confirms Windows adheres to broadcast flag] ]

Related broadcast flag technologies

Radio broadcast flag and RIAA

With the coming of digital radio, the recording industry is attempting to change the ground rules for copyright of songs played on radio. Currently, over the air (i.e. broadcast but not Internet) radio stations may play songs freely but RIAA wants Congress to insert a radio broadcast flag. On April 26, 2006, Congress held a hearing over the radio broadcast flag. Among the witnesses were musicians Anita Baker and Todd Rundgren.

European Broadcast Flag

At present there is no equivalent signal defined in the European DVB standards. However, there have been recent moves in the DVB to define such a flag for use on clear-to-air television broadcasts. While this will probably include a "do not redistribute" bit similar to the American approach. A modified ATSC "Broadcast Flag" data stature will probably not be used by the Europeans, as the ATSC structure probably cannot be extended to meet their needs.

European public service broadcasters are more likely to push for additional signals to indicate that content should "not" be encrypted in receiver devices, and that such receivers should also "ignore" any revocations while playing the specific content item.

How adherence to such a flag would be enforced in a receiver is not yet clear. One candidate approach could be the DVB-CPCM standard. There is no European equivalent to the US FCC to create and enforce regulations, so a coherent multinational legal framework is hard to imagine at this time.

ISDB

ISDB broadcasts are protected as to allow the broadcast to be digitally recorded once, but to not allow digital copies of the recording to be made. Analog recordings can be copied freely. It is possible to disallow the use of analog outputs, although this has yet to be implemented. The protection can be circumvented with the correct hardware and software.

DVB-CPCM

The Digital Video Broadcasting organization is developing DVB-CPCM which allows broadcasters (especially PayTV broadcaster) far more control over the use of content on (and beyond) home networks. The DVB standards are commonly used in Europe and around the world (for satellite, terrestrial, and cable distribution), but are also employed in the United States by Dish Network. In Europe, some entertainment companies are lobbying to legally mandate the use of DVB-CPCM in the next level of the controversial EU Copyright directive. Opponents fear that mandating DVB-CPCM will kill independent receiver manufacturers that use open source operating systems (e.g., Linux-based set-top boxes.)

Should the US broadcast flag return, CPCM would be a candidate for addition to the Table A list of approved technologies for enforcement in the US.

Pay-per-view movies on DVR

Since April 15, 2008, pay-per-view movies on cable and satellite television have been flagged so that recordings cannot stay on a digital video recorder or other related device for more than 24 hours after the movie begins. The change was a result of negotiations between the major movie studios and the PPV providers. Movies recorded before April 15 are still available from the device. [http://www.directv.com/DTVAPP/global/contentPage.jsp?assetId=P4540022]

See also

* Copy Control Information

Related intellectual property subjects
* Digital Millennium Copyright Act
* Digital Transition Content Security Act
* Family Entertainment and Copyright Act

References

* Citation
title = Digital Broadcast Television Redistribution Control
url = http://a257.g.akamaitech.net/7/257/2422/13nov20061500/edocket.access.gpo.gov/cfr_2006/octqtr/pdf/47cfr73.9002.pdf
publisher = Federal Communications Commission
accessdate = 2007-04-05 , October 1, 2005.

External links

Related to legal or technological status of the Broadcast flag
* [http://www.eff.org/broadcastflag/ Electronic Frontier Foundation's Broadcast Flag page]
* [http://www.eff.org/IP/Video/HDTV/ The Broadcast Flag and "Plug & Play": The FCC's Lockdown of Digital Television]
* [http://news.com.com/Court+says+FCCs+broadcast+flag+is+toast/2100-1030_3-5697719.html U.S. District Court shoots down broadcast flag (CNET)]
* [http://www.mp3newswire.net/stories/5002/broadcastflag.html Broadcast Flag: Media Industry May Try to Steal the Law] - June 2005 MP3 Newswire article
* [http://pacer.cadc.uscourts.gov/docs/common/opinions/200505/04-1037b.pdf Circuit Court ruling striking down (Adobe PDF format)]