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(Washington) Aug. 7, 2002 -- Three public interest groups jointly called upon the Federal Communications Commission today to consider the possible consumer impacts of adopting a "broadcast flag" standard designed to limit the ability to make copies of digital-broadcast television programs. The Commission is expected to announce a notice of proposed rule making about the copy protection standard tomorrow.
The three groups -- Consumers Union, Public Knowledge, and the Center for Democracy and Technology -- say they hope to raise awareness at the FCC that adoption of any broadcast flag standard raises serious questions about consumer expectations regarding reasonable copying for personal use, and regarding the continuing usefulness of their consumer-technology and computer equipment.
"Consumers have interests in protecting copyrights for digital television so that high quality content will be available. They also have an interest in protecting their own reasonable expectations about personal uses of programming, and in the future health and growth of the Internet," said CDT Executive Director Jerry Berman. "The broadcast flag raises many unsettled policy questions, and it is fair for consumers to ask that those questions be addressed before regulations are made."
Chris Murray, Internet and Telecommunications Counsel for Consumers Union cited specific concerns about the flag. "Right now, I can digitally record a news program in my living room, then watch that recording in another room, or in my office, or at my friend's house. Will the FCC's rulemaking guarantee that I'll continue to be able to do this in the future?"
The "broadcast flag" is, essentially, a way of "marking" commercial digital-television content so that consumer electronics and computers will recognize the marks and limit consumers' ability to make copies. Copyright holders have raised legitimate concerns about the possibilities for unauthorized copying created by over-the-air, digital broadcasts in the clear. Congress, and now the FCC, have been asked to consider regulations on a potentially broad range of consumer electronics devices, computers, and software to implement a broadcast flag copyright protection mechanism.
"We share the FCC's interest in speeding the transition to digital television--and as the publisher of Consumer Reports magazine, we share the content community's interest in copyright protection--but we want to make sure that consumer concerns get just as much attention as industry demands have," said Murray.
"It is not at all clear that adopting a broadcast flag will speed the rollout of DTV," added Gigi Sohn, President of Public Knowledge. "The FCC should consider whether the added value of a broadcast flag will be worth the impacts of the broadcast flag requirements on consumers and on the broader health of the Internet."
In a report submitted in July to Rep. Billy Tauzin (R-Louisiana), the three groups noted that key consumer questions posed by the broadcast-flag proposal should include:
The report is available online at http://www.cdt.org/copyright/020719bpdg.pdf.
The proposed rulemaking also raises jurisdictional question for the FCC. In order for the broadcast flag to prevent copyright infringement of DTV content the FCC may be called on to set rules for every kind of device that can capture or play DTV content and connect to the Internet, including ordinary personal computers.
Finally, the groups are calling for broader dialog and broader consumer input in the standard-setting process. "We believe that all sides in the debate would benefit from developing clearer answers to these questions," Berman said, adding that the three groups "are eager to work with the Commission, Congress, and industry stakeholders to get greater input from consumers in this process."
For further information, please contact: Alan Davidson, Associate Director, Center for Democracy and Technology, 202-637-9800, abd@cdt.org; Chris Murray, Telecommunications and Internet Counsel, Consumers Union, 202-462-6262, murrch@consumer.org; Gigi Sohn, President, Public Knowledge, 202-518-0020, gbsohn@publicknowledge.org; Mike Godwin, Staff Counsel, Center for Democracy and Technology, 202-637-9800, godwin@cdt.org.
Consumers Union, publisher of Consumer Reports, is an independent, nonprofit testing and information organization serving only consumers. Since 1936, the organization's mission has been to test products, inform the public, and protect consumers.
Public Knowledge is a public interest advocacy and education organization that seeks to promote a balanced approach to intellectual property law and technology policy that reflects the "cultural bargain" intended by the framers of the constitution.
The Center for Democracy and Technology works to promote democratic values and constitutional liberties in the digital age. With expertise in law, technology, and policy, CDT is dedicated to building consensus among all parties interested in the future of the Internet and other new communications media.
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The Center For Democracy & Technology |