Broadcast Flag

A broadcast flag is a bit field 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.

In the United States, new television receivers using the ATSC standard were supposed to incorporate this functionality by July 1, 2005. The requirement was successfully contested in 2005 and rescinded in 2011.

FCC 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.

The Demodulator Robustness Requirements are difficult to implement in open source systems. 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".

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

Current status

In ''American Library Association v. FCC'', 406 F.3d 689 (D.C. Cir. 2005), 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. While it is always possible that the Supreme Court could overturn this ruling, the more likely reemergence of the broadcast flag is in legislation of the United States Congress granting such authority to the FCC.

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. On June 22, 2006 Sen. John E. Sununu offered an amendment to strike the broadcast and radio flag, but this failed and the broadcast-flag amendment was approved by the Commerce committee. 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 adhered 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 spokesperson said that Windows Media Center adheres to the "rules set forth by the FCC."

On August 22, 2011, the FCC officially eliminated the broadcast flag regulations.

Related 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 no equivalent signal is typically used in European DVB transmissions, although DVB-CPCM would provide such a set of signal as defined by DVB-SI, usable on clear-to-air television broadcasts. How adherence to such a system would be enforced in a receiver is not yet clear.

In the UK, the BBC
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