Fast forward to the 21st century. VCRs are starting to go away and are being replaced by devices such ReplyTV's, TIVO or other digital cable boxes that record shows to a computer hard drive. Same basic idea as the VCR and again hollywood does not like it.

So, the invented the idea of a "broadcast flag" that they would embed in all digital TV broadcasts. This would tell the devices in your hour to either not record a show or perhaps allow recording but not allow you to watch the show on a different device (e.g. You record the show on the VCR in the living room and now you want to watch it in the bedroom....The horror!).

In any case, they convinced someone at the FCC this was a good idea and the FCC mandated that as of July 1, 2005 all new TVs and recording devices for TVs had to be "broadcast flag aware". This was struck downlast year by the courts as reaching past the current charter of the FCC.

So, the next battle is that hollywood is looking to get congress to pass a law mandating the broadcast flag. Recently, there had been some discussion that an ammendment would be provided to an unrelated bill that would attatch this provision. It is unclear how true this rumor was but it does not appear to be to be of the "oh no shampoo causes cancer" email rumors that come from time to time.

The Electronic Frontier Foundation put out a call to action to get people to call/email their senators. Since I am a geek and care about these things I sent the following letter to Judd Gregg.

As a constituent, a taxpayer, a financial supporter and a proponent of innovation, I'm registering my opposition to any Broadcast Flag amendment introduced in the Senate Commerce, Justice, and Science Appropriations subcommittee mark-up on Tuesday, or in full committee on Thursday.

There are many reasons why I believe the Broadcast flag amendment is flawed.

The Broadcast Flag cripples any device capable of receiving over-the-air digital broadcasts. It makes digital TV hardware more expensive and less capable, impeding rather than accelerating the digital TV transition. Worse, it gives Hollywood movie studios a permanent veto over how members of the American public use our televisions and forces American innovators to beg the FCC for permission before adding new features to TV.

Article 1 section 8 of the US Constitution contains the following text "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries".

I do not believe the broadcast flag technology currently contains automated means to ensure that when the "limited time" has expired that the broadcast materials would be sent in a manner that is consistent with the material being in the public domain. This amendment effectively provides for an automated means to "enforce" limited rights on one class of people (consumers) while providing no such automated means for enforcing the "limited time" clause on the producers of the material.

I fully support the rights of content producers to secure exclusive rights to their writings and discoveries. I do not support laws that mandate technological means for enforcement of these rights. For example, as a citizen, the U.S. constitution secures me the right of free speech however this does not extend to the grant me the right to use speech to commit fraud yet we do not (currently) have laws on the books to implant speech truth detectors in all citizens to ensure they do not abuse these rights.

Finally, you will note that the full text of Article 1 section 8 says that it is meant to apply to Science and useful arts. I think one would be hard pressed to convince me that the latest episode of “Fear Factor” really is a useful art….but I digress.

Don't give the FCC the power to issue government blueprints for future technological innovation.

Please oppose any attempts in the Senate appropriations committee that would disrupt technological innovation through the implementation of the Broadcast Flag.

Thank you for your attention,

Jeffrey Creem

It appears that this effort worked for now.

Ok..Ranting over. We now return you to your regularly scheduled typos.