{"id":4137,"date":"2005-10-06T14:45:00","date_gmt":"2005-10-06T18:45:00","guid":{"rendered":"http:\/\/www.publicknowledge.org\/press-release\/public-interest-and-library-groups-ask-for-broadcast-flag-hearings\/"},"modified":"2005-10-06T14:45:00","modified_gmt":"2005-10-06T18:45:00","slug":"public-interest-and-library-groups-ask-for-broadcast-flag-hearings","status":"publish","type":"post","link":"https:\/\/publicknowledge.org\/public-interest-and-library-groups-ask-for-broadcast-flag-hearings\/","title":{"rendered":"Public Interest and Library Groups ask for Broadcast Flag Hearings"},"content":{"rendered":"

For Immediate Release<\/em><\/p>\n

Today a group of nine public-interest and library groups asked congressional leaders to conduct hearings and examine the complex issues surrounding the “broadcast flag.” The flag is a part of the over-the-air digital TV signal that controls whether a viewer may record a program, or otherwise store or use it.<\/p>\n

<\/p>\n

One letter was sent to Senate Commerce Committee Chairman Stevens (R-Alaska) and Co-Chairman Inouye (D-Hawaii), copied to members of the Committee. Another letter (with the same text) was sent to House Commerce Committee Chairman Barton (R-Tex.) and ranking member Dingell (D-Mich.), Telecom Subcommittee Chairman Upton (R-Mich.) and ranking member Markey (D-Mass.), copied to members of the subcommittee.<\/p>\n

The groups signing the letter are: American Library Association, American Association of Law Libraries, Association of Research Libraries, Center for Democracy & Technology, Consumers Union, Electronic Frontier Foundation, Medical Library Association, Public Knowledge, Special Libraries Association<\/p>\n

The text of the letter follows:<\/p>\n

October 6, 2005<\/p>\n

The Honorable Ted Stevens, Chairman
The Honorable Daniel K. Inouye, Co-Chairman
U.S. Senate Committee on Commerce, Science and Transportation
508 Dirksen Senate Office Building
Washington, DC 20510-6125<\/p>\n

Re: Broadcast Flag<\/p>\n

Dear Chairman Stevens and Co-Chairman Inouye:<\/p>\n

Earlier this year, the U.S. Court of Appeals for the D.C. Circuit ruled that the Federal Communications Commission did not have the legal authority to impose the “broadcast flag” regime on devices capable of receiving digital television broadcasts. Some supporters of the flag rule have called for rapid action by the Congress either to authorize the FCC to implement the rule, or to enact it directly.<\/p>\n

Many of the undersigned entities have previously communicated their individual views and concerns about the flag regime. While our views may not be uniform in all respects, we agree that the issues raised by the flag regime for technology and copyright policy are too complex and far-reaching to be addressed by Congress in a hurried manner. The broadcast flag regime would reach not just the design and manufacture of televisions, but also that of digital devices networked with televisions, including personal video recorders, personal computers, and Internet enabled mobile phones. In addition to involving the federal government in the process of technological innovation, there is a substantial risk that the flag regime would restrict users from engaging in a wide variety of fair uses critical to public affairs, education, and culture.<\/p>\n

Accordingly, while we support the general goal of combating widespread copyright infringement, we respectfully request that the Committee handle this issue in regular order. In particular, we believe that the Committee should conduct hearings on the flag regime. Although the broadcast flag concept has been touched upon in a few hearings, no congressional committee has conducted an in-depth investigation of the significant technology and information policy questions the flag raises. In addition, reports indicate that the record industry is advocating expanding flag legislation to authorize a comparable regime for digital radio – an idea that has received virtually no congressional consideration to date. The Committee should request witnesses from the entertainment, technology and public interest communities to answer the following questions, among others:<\/p>\n