Waving the Flag

As I'm sure you are aware the FCC is mandating that all new TV receivers process a Broadcast flag starting on July 1, 2005 (just 3 days before Independence day).

Why should you care?
The broadcast flag, as a side-effect, limits what you can or can't record, or if interpreted "nicely" will let you record a low-quality version of the TV program but only on a flag compliant piece of hardware/software.

So this is affecting only cable and satellite right?
Actually, no, this is affecting what you receive over the airwaves via your rabbit ears. Satellite and cable use their own proprietary mechanisms for transmission which may or may not incorporate a broadcast flag-like "feature".

Why did we need this?
The government wants the transition to digital tv broadcasts to happen sooner rather than later but until 85% of the country is able to receive digital broadcasts it can't happen. And once the transition happens, the government will be able to auction off the newly available spectrum and make $$$. In order to help our government, several motion picture studios "selflessly" offered to provide "exclusive" digital tv content to woo us to go out and buy new TVs but, they would only do this if their transmissions were not able to be copied and thus, the broadcast flag was born.

Well, if the FCC is mandating it, they must have a mandate from an act of congress because they cannot unilaterally do such a thing, right?
You would think that but you would be wrong. Although the FCC does not technically have the power to force this on electronic manufacturers without a congressional mandate, it seems to think it does... which is what makes this whole deal kinda shaky.

Who proposed the broadcast flag? A standards body?
No, it was Fox and was subsequently ratified by the ATSC as an "optional" part of the ATSC digital TV standard.

Does the MPAA support this?
Yes.

Does the EFF support this?
No.

Does HDNET the only 100% digital broadcaster support this?
No.

But it is in court right now and the judges don't seem to like it, case closed right?
Not quite. Although the judges believe the FCC overstepped its bound, the court is also not sure that the case was brought up by the right people, i.e. the library groups and EFF do not neccessarily represent the people potentially affected by the broadcast flag. So although the FCC is wrong it may be allowed to continue on its merry way.

Where can I find more information on this :
MPAA FAQ with EFF Commentary

G4 TECH TV Broadcast Flag FAQ

Broadcast Flag in the News (and currently in Court)