EFF Alert: 48 hours to stop the broadcast flag

[Jeffrey Creem]

Peter wrote:

>Or, if you want to make sure you are heard (and this is obviously an
>important topic for many), call:
>
>NEW HAMPSHIRE Senator Judd Gregg (202) 224-3324
>
>Sample script...use whatever portion necessary if you are talking to a
>person. Don't forget your name and address if you live in NH!
>
>  
>
Here is the one I sent....Slightly modified from the EFF original 
(woops.. I guess I made a derivative work)

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,