Technology Part 1
Q1. WHAT IS THE BROADCAST FLAG?
The Broadcast Flag is a nickname for a solution defined by cross-industry groups and regulators for use in the United States. It is more generically called "Redistribution Control." It is one country’s solution to the problem of "unauthorized redistribution of unencrypted digital television over the Internet.
The purpose of the Broadcast Flag is to preserve the value of broadcast programming in other markets — sales to other TV stations including foreign stations, other media such as home video, etc. — by preventing its indiscriminate redistribution over digital networks. If broadcasters cannot protect valuable content, there is concern that content providers will only license to encrypted delivery systems like cable and satellite, denying unencrypted broadcast stations the ability to acquire the most popular programming.
The Broadcast Flag implements "protection upon reception," in that it allows for the "clear" or unencrypted, transmission of digital TV signals and then invokes protection at the point where it is first received. The Broadcast Flag uses a combination of technological protection measures and legal or regulatory obligations to achieve this protection. A few digital bits are embedded into an unencrypted television program in order to signal to a receiving device that the program must be protected from unauthorized redistribution. Receiving devices, e.g., digital TVs or set-top boxes read the bits and determine whether or not the associated TV program must be protected. If protection is required, then one or more of several existing and future content protection systems may be applied to the TV program to manage its use. The Broadcast Flag does not prevent copying, only unauthorized redistribution over the Internet.
Q2. WHAT IS THE ANALOG HOLE?
The analog hole is a problem characterized by the theft of movies and TV from an unprotected analog video output. When protected digital video is converted to analog form for display, the resulting video can be captured and reconverted back to digital, thus stripping away the former protection. Digital hardware devices that have analog output capabilities, enabling compatibility with older analog devices, permit these conversions, creating a "hole" in content protection measures. Through this analog "hole" unauthorized copies can be made and then redistributed infinitely via optical disc and the Internet. Obviously, this creates several problems:
- an inconsistent consumer experience between analog and digital sources,
- Unlevel playing field for manufacturers of digital versus analog products and
- Failure to protect copyright.
It is critical to content owners that the analog hole problem be addressed through the implementation of security measures or effective laws that require analog to digital conversion devices to retain the security measures included in the original content.
Q3. WHY IS REDISTRIBUTION CONTROL IMPORTANT IN ASIA?
For free over-the-air broadcasting to remain a viable means of distribution, the transition to digital television must be accompanied by a solution to prevent its unauthorized redistribution over the Internet. Audiovisual content rights holders are more likely to make their works available when they are adequately protected against illegal reproduction and retransmission.
Governments should embrace redistribution control for unencrypted digital transmissions as a necessary and narrow solution to safeguard the same interests that copyright rules protect, namely incentives to create, produce and distribute quality content. At a minimum, regulators must not foreclose the use of rights signaling technologies or the enactment of corresponding regulations mandating their use, and should facilitate private sector discussions on their development and deployment. The Asia Pacific Broadcasting Union (ABU) provides a good forum for thoughtful discussions on this topic as its members consider their eventual digital transitions.
Q4. WHY DO WE NEED TO PUT THIS IN PLACE HERE WHEN THE U.S. HAS NOT?
Each country has the same problem, but depending upon their legal and regulatory frameworks they will necessarily have different possible solutions.
Japan has had a Redistribution Control solution in place since early 2004. They use a "protection at the source" class of solution, in that they encrypt the Free-To-Air digital TV broadcasts. After reception, they allow the content to flow out analog outputs marked with content protection signaling and digital outputs protected by any of at least five different types of digital content protection systems.
In the United States the problem and its solution were agreed upon by broadcasters, consumer electronics manufacturers, computer makers and government. The United States Federal Communications Commission (FCC) actually adopted a Broadcast Flag rule that unfortunately remains unimplemented pending Congressional clarification of the FCC’s authority to regulate in this area.
In the meantime, device manufacturers in the United States and elsewhere have already begun to incorporate flag principles in their designs, e.g., the acceptance of HDMI digital outputs with HDCP protection as a de facto standard, not only in the United States, but also throughout Europe.