Public Knowledge - Policy Analysis

Impact of a Broadcast Flag Regime on Distance Education

Scott Burns — Wed, 08 Nov 2006 11:50:02 -0500

The “broadcast flag” is a federally mandated digital copy protection scheme, which the government claims is intended to prevent the “mass indiscriminate” copying of digital broadcast television over the Internet. If enacted, it would require consumer electronics manufacturers to develop technologies to respond to a series of bits embedded in the digital broadcast television signal. However, because the broadcast flag technologies cannot differentiate between large and small-scale redistribution, these rules would still affect small scale, discriminate uses. In particular, a broadcast flag mandate would severely limit the practice of distance education.

In American Library Association v. Federal Communications Commission (“FCC”), the United States Court of Appeals for the District of Columbia Circuit struck down the FCC’s broadcast flag rules, and at the same time recognized that a broadcast flag mandate would likely harm distance education. For example, distance educators often use clips of broadcast programming as an educational tool for online classroom instruction. Indeed, in 2002 under the “Technology, Education, and Copyright Harmonization Act of 2002” (“TEACH” Act), Congress expressly allowed the use of these copyrighted clips for online classes. However, a broadcast flag regime could make the use of these clips impossible.

Here are some of the ways a broadcast flag regime could have an adverse impact on distance education:

Network Neutrality

Webmaster — Tue, 18 Apr 2006 10:52:31 -0400

Net Neutrality is the shorthand term for the concept that companies which operate a telecommunications network, like the telephone and cable companies, shouldn’t be able to play favorites with the content that goes over the network.

Three Facts about Analog Hole Legislation

Webmaster — Fri, 03 Mar 2006 16:30:26 -0500

This Public Knowledge one-pager outlines three unsavory facts about the proposed Digital Transition Content Security Act of 2005. The bill, H.R.4569, is an attempt to close the analog hole.

This document is also available in PDF Format.

Good Fences Make Bad Broadband: Preserving an Open Internet through Net Neutrality

Webmaster — Mon, 06 Feb 2006 13:00:23 -0500

A Public Knowledge White Paper
by John Windhausen, Jr.

Executive Summary available as PDF.
Full Paper available as PDF (without attachments).
Full Paper available as Word DOC (without attachments).
Attachments available as PDF.

Executive Summary

The genius of the Internet is its promise of unlimited accessibility. With very limited exceptions, any consumer with an Internet connection and a computer can visit any web site, attach any device, post any content, and provide any service.

WIPO Broadcasters Treaty

Webmaster — Thu, 19 Jan 2006 11:51:08 -0500

The WIPO Broadcasting Treaty (officially, the WIPO Treaty on the Protection of Broadcasting Organizations) is a proposal within the World Intellectual Property Organization to give broadcasters intellectual property rights in their signals, in addition to the copyrights held by the creators of the works. Public Knowledge opposes the treaty, as it would create numerous conflicts with existing copyright law and policy in the US, as well as creating an additional hurdle for any users of broadcast content.

Content Protection in the Digital Age: The Broadcast Flag, High-Definition Radio, and the Analog Hole

Webmaster — Thu, 03 Nov 2005 16:00:45 -0500

November 3rd, 2005: Public Knowledge president Gigi B. Sohn testified before the House Judiciary Committee Subcommittee on Courts, the Internet and Intellectual Property in an oversight hearing on “Content Protection in the Digital Age: The Broadcast Flag, High-Definition Radio, and the Analog Hole”. Testimony was also provided by: Michael Petricone, CEA; Dan Glickman, MPAA; and Mitch Bainwol, RIAA. Testimony centered on three discussion drafts offered by the MPAA and RIAA: The Broadcast Flag Authorization Act; The HD Radio Content Protection Act; and The Analog Content Protection Act.

Facts about the RIAA's Digital Radio Copy Protection Proposal

Webmaster — Wed, 26 Oct 2005 13:47:09 -0400

A PDF version of this document is available here.

The Recording Industry Association of America (RIAA) has proposed legislative language that would cripple emerging digital radio technology and prevent radio listener practices that have been both common and legal for decades. Both Digital Audio Broadcasting (DAB) and satellite radio technology offer radio programming with higher fidelity sound and a variety of enhanced services. These include digital information (meta-data) about programming and multiple programming streams. RIAA’s proposal would require all content to be encrypted before being broadcast, and would severely restrict what digital radio receivers could do with the content. Such action would limit the benefits and increase the costs of a promising new technology, ultimately damaging the very public interests the FCC is charged with protecting.

Beyond Grokster: A Critique Of The Models Proposed By Copyright And Law-And-Economics Authorities

Webmaster — Tue, 01 Mar 2005 16:00:06 -0500

By Robert S. Schwartz and Mike Godwin

Also available in PDF and Word DOC formats.

Ten Examples of the Potential Impact of H.R.3261

Webmaster — Mon, 18 Oct 2004 17:00:28 -0400

Ten Reasons why locking up facts hurts society:

Digital Rights Management and the Public Interest

Webmaster — Mon, 18 Oct 2004 16:00:14 -0400

Digital Rights Management Systems (DRMs)

Public Knowledge (PK) is working with policymakers, the technology, consumer electronics and content industries, and representatives from the library, artistic, consumer and computer science communities to develop an equitable approach to digital content and technology. This would provide a “reasonably secure environment” for copyrighted works, while ensuring that citizens can continue to 1) make legal and “fair use” of that content and 2) enjoy the flexible and open nature of computers and the Internet.