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Congress is holding a "Lame Duck" session to pass a few budgetary
and miscellaneous bills. Like a hobo seeing a train moving,
Hollywood and the recording industry and their broadcast and
radio flags are trying to jump aboard.
Here's what's going down: the Senate Majority Leader, Bill Frist
(R-TN) in one of his last acts before he leaves office at the end
of the year, is trying to do a favor for his former chief of
staff, Mitch Bainwol, who now heads the RIAA. The idea is to
slip the radio flag onto any bill that could potentially pass.
In the past, where one flag would go, the other would follow, so
we're betting that Hollywood will not be far behind in their
request to add the broadcast flag to the mix.
Just as a reminder, the broadcast flag is the government-mandated
DRM scheme for over-the-air broadcast TV, that could cripple your
current home entertainment system. Once you introduce one
broadcast flag compliant device, it will refuse to talk to your
current non-compliant devices, requiring you to upgrade it all.
Whatâs worse is that there are 13 different technologies that are
broadcast flag compliant, but theyâre not even compatible with
each other. The radio flag is even less discriminating in its
prohibition of recording and copying of over-the-air digital
radio broadcasts. Consumers have long had the freedom to record
digital audio, in part thanks to the Audio Home Recording Act,
which also requires consumer-electronics manufacturers to pay the
recording industry a royalty for each device that can record
digital audio.
Like every other effort to pass these flags, these are
behind-closed-doors deals to attach it to other bills that
actually *need* to be passed.
ALL HANDS ON DECK! Your senators need to know that you, as their
constituent, have a major problem with the broadcast and radio
flags. Using the talking points and contact information below,
give your members' offices a call and tell them why the broadcast
and radio flags are a bad idea.
If you prefer you can send a letter to your senators via our
Action Center, just visit the following URL:
<http://www.publicknowledge.org/node/724>
Once again, thank you for your effort!
The Public Knowledge Team
### TALKING POINTS ###
* Efforts at moving these flags are all occurring behind closed
doors, without a true or fair political process.
* Government Mandated DRM is a Bad Idea: Content protection is
one thing, but government mandated content protection that puts
the FCC in the role of gatekeeper for new technologies is
wrong. There are other options for protecting content, and the
marketplace should sort them out.
* This is a Broad Mandate: There is no "narrow" way to implement
the broadcast flag scheme because it necessarily puts the FCC
in the role of gatekeeper, having to approve and certify every
technology that might carry DTV - computers, cellphones,
Gameboys, etc. Drafts of the language is broad so as to give
the FCC permission to do both the broadcast flag and radio
protection. As proof of the broad scope of the flag, when
petitioned to exempt lawful uses of digital television, the FCC
declined saying "practical and legal difficulties of
determining which types of broadcast content merit protection
from indiscriminate redistribution and which do not."
* Causes Consumer Confusion, Will Slow DTV Transition, and
Probably Halt Digital Radio Rollout: At a time when Congress is
concerned about making television sets obsolete at the end of
the DTV transition, the flag would similarly render obsolete
much consumer equipment because commonly used devices will not
work together unless all use the same copy protection
technology. The broadcast flag will not help the transition to
DTV, and indeed might harm it because it makes consumers' TVs
less functional than before. Digital radio protection is aimed
at being intrusive and restraining inside a consumers own home.
* Limits Fair Use: As the May 11, 2005 Congressional Research
Service report noted, the flag will prevent important fair
uses, like the ability of teachers to engage in distance
learning and the ability of individuals to email fair use
portions of works to themselves and others. Making excerpts for
public criticism of television media is critical, yet it will
be severely limited as a result of this legislation. The radio
flags are no better, as they prevent digital recording and
copying for many purposes, not out of fear of piracy, but
because of competition with other revenue streams.
Additionally, a consumers ability to digitally record is
protected under the Audio Home Recording Act, and for which
royalty payments are made to the recording industry for
manufactured digital audio recording devices.
* Not about P2P: The infringement associated with Revenge of the
Sith and other movies that have appeared online has absolutely
nothing to do with the flag. Rather, the flag is about
protecting supposedly "free" over the air digital television.
MPAA provided no evidence that this content was being pirated
nor would it be anytime in the near future. Similarly, the
RIAA has provided zero convincing evidence that recording off
the radio has lead to Internet piracy.
* Content Already Shown in HD with NO PROTECTION: In contrast to
the argument that broadcasters won't put on "high value"
content, we note that most prime time television is already
broadcast in HDTV, without protection. Viacom threatened in
2002 to withhold programming, but did not do so and is now one
of the leading producers of HDTV.
### LIST OF SENATORS AND CONTACT INFO -- BY STATE ###
* Murkowski, Lisa (R-AK) (202) 224-6665
* Stevens, Ted (R-AK) (202) 224-3004
* Sessions, Jeff (R-AL) (202) 224-4124
* Shelby, Richard C. (R-AL) (202) 224-5744
* Lincoln, Blanche L. (D-AR) (202) 224-4843
* Pryor, Mark L. (D-AR) (202) 224-2353
* Kyl, Jon (R-AZ) (202) 224-4521
* McCain, John (R-AZ) (202) 224-2235
* Boxer, Barbara (D-CA) (202) 224-3553
* Feinstein, Dianne (D-CA) (202) 224-3841
* Allard, Wayne (R-CO) (202) 224-5941
* Salazar, Ken (D-CO) (202) 224-5852
* Dodd, Christopher J. (D-CT) (202) 224-2823
* Lieberman, Joseph I. (D-CT) (202) 224-4041
* Biden, Joseph R., Jr. (D-DE) (202) 224-5042
* Carper, Thomas R. (D-DE) (202) 224-2441
* Martinez, Mel (R-FL) (202) 224-3041
* Nelson, Bill (D-FL) (202) 224-5274
* Chambliss, Saxby (R-GA) (202) 224-3521
* Isakson, Johnny (R-GA) (202) 224-3643
* Akaka, Daniel K. (D-HI) (202) 224-6361
* Inouye, Daniel K. (D-HI) (202) 224-3934
* Grassley, Chuck (R-IA) (202) 224-3744
* Harkin, Tom (D-IA) (202) 224-3254
* Craig, Larry E. (R-ID) (202) 224-2752
* Crapo, Mike (R-ID) (202) 224-6142
* Durbin, Richard (D-IL) (202) 224-2152
* Obama, Barack (D-IL) (202) 224-2854
* Bayh, Evan (D-IN) (202) 224-5623
* Lugar, Richard G. (R-IN) (202) 224-4814
* Brownback, Sam (R-KS) (202) 224-6521
* Roberts, Pat (R-KS) (202) 224-4774
* Bunning, Jim (R-KY) (202) 224-4343
* McConnell, Mitch (R-KY) (202) 224-2541
* Landrieu, Mary L. (D-LA) (202) 224-5824
* Vitter, David (R-LA) (202) 224-4623
* Kennedy, Edward M. (D-MA) (202) 224-4543
* Kerry, John F. (D-MA) (202) 224-2742
* Mikulski, Barbara A. (D-MD) (202) 224-4654
* Sarbanes, Paul S. (D-MD) (202) 224-4524
* Collins, Susan M. (R-ME) (202) 224-2523
* Snowe, Olympia J. (R-ME) (202) 224-5344
* Levin, Carl (D-MI) (202) 224-6221
* Stabenow, Debbie (D-MI) (202) 224-4822
* Coleman, Norm (R-MN) (202) 224-5641
* Dayton, Mark (D-MN) (202) 224-3244
* Bond, Christopher S. (R-MO) (202) 224-5721
* Talent, James M. (R-MO) (202) 224-6154
* Cochran, Thad (R-MS) (202) 224-5054
* Lott, Trent (R-MS) (202) 224-6253
* Baucus, Max (D-MT) (202) 224-2651
* Burns, Conrad (R-MT) (202) 224-2644
* Burr, Richard (R-NC) (202) 224-3154
* Dole, Elizabeth (R-NC) (202) 224-6342
* Conrad, Kent (D-ND) (202) 224-2043
* Dorgan, Byron L. (D-ND) (202) 224-2551
* Hagel, Chuck (R-NE) (202) 224-4224
* Nelson, E. Benjamin (D-NE) (202) 224-6551
* Gregg, Judd (R-NH) (202) 224-3324
* Sununu, John E. (R-NH) (202) 224-2841
* Lautenberg, Frank R. (D-NJ) (202) 224-3224
* Menendez, Robert (D-NJ) (202) 224-4744
* Bingaman, Jeff (D-NM) (202) 224-5521
* Domenici, Pete V. (R-NM) (202) 224-6621
* Ensign, John (R-NV) (202) 224-6244
* Reid, Harry (D-NV) (202) 224-3542
* Clinton, Hillary Rodham (D-NY) (202) 224-4451
* Schumer, Charles E. (D-NY) (202) 224-6542
* DeWine, Mike (R-OH) (202) 224-2315
* Voinovich, George V. (R-OH) (202) 224-3353
* Coburn, Tom (R-OK) (202) 224-5754
* Inhofe, James M. (R-OK) (202) 224-4721
* Smith, Gordon H. (R-OR) (202) 224-3753
* Wyden, Ron (D-OR) (202) 224-5244
* Santorum, Rick (R-PA) (202) 224-6324
* Specter, Arlen (R-PA) (202) 224-4254
* Chafee, Lincoln (R-RI) (202) 224-2921
* Reed, Jack (D-RI) (202) 224-4642
* DeMint, Jim (R-SC) (202) 224-6121
* Graham, Lindsey (R-SC) (202) 224-5972
* Johnson, Tim (D-SD) (202) 224-5842
* Thune, John (R-SD) (202) 224-2321
* Alexander, Lamar (R-TN) (202) 224-4944
* Frist, William H. (R-TN) (202) 224-3344
* Cornyn, John (R-TX) (202) 224-2934
* Hutchison, Kay Bailey (R-TX) (202) 224-5922
* Bennett, Robert F. (R-UT) (202) 224-5444
* Hatch, Orrin G. (R-UT) (202) 224-5251
* Allen, George (R-VA) (202) 224-4024
* Warner, John (R-VA) (202) 224-2023
* Jeffords, James M. (I-VT) (202) 224-5141
* Leahy, Patrick J. (D-VT) (202) 224-4242
* Cantwell, Maria (D-WA) (202) 224-3441
* Murray, Patty (D-WA) (202) 224-2621
* Feingold, Russell D. (D-WI) (202) 224-5323
* Kohl, Herb (D-WI) (202) 224-5653
* Byrd, Robert C. (D-WV) (202) 224-3954
* Rockefeller, John D., IV (D-WV) (202) 224-6472
* Enzi, Michael B. (R-WY) (202) 224-3424
* Thomas, Craig (R-WY) (202) 224-6441
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