Public Knowledge has what they believe to be draft language from the MPAA to give the FCC the authority to implement the broadcast flag:

An ActTo ratify the authority of the Federal Communications Commission to implement a Broadcast Flag.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


(a) AUTHORITY.– 47 USC Section 303 is amended to add a new subsection (z) to read as follows:

(z) Have authority to adopt regulations governing digital television apparatus necessary to control the indiscriminate redistribution of digital television broadcast content over digital networks.

(b) RATIFICATION.– The Report and Order in the matter of Digital Broadcast Content Protection (__ C.F.R. ___) which was adopted by the Commission on November 4, 2003, effective January 20, 2004, and the Order in the matter of Digital Output Protection Technology and Recording Method Certifications (__ FCC Rcd ___) which was adopted by the Commission on August 4, 2004, is ratified.

PK’s reaction?:

Public Knowledge President Gigi B. Sohn said, “This language is more sweeping than even the FCC contemplated. It would give the Commission unparalleled new power over the development and use of digital and analog consumer electronics technology. It empowers the FCC to approve technologies that prevent currently used video cassette recorders (VCRs) from working, and would allow the FCC to shut off every TiVo in every home today. Clearly, we hope Congress will reject this big-government, anti-consumer approach.”

Perhaps the name of this proposed act will be “The Federal Personal Computers Regulation Commission Act of 2005.” One also wonders why the RIAA hasn’t gotten into the act, since it applies only to digital television and not digital radio.

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