View source for Broadcast flag

{{short description|Bits in a digital television program that indicates recording restrictions}}
{{Original research|date=October 2009}}

A '''broadcast flag''' is a [[bit field]] sent in the data stream of a [[digital television]] program that indicates whether or not the data stream can be recorded, or if there are any restrictions on recorded content. Possible restrictions include the inability to save an unencrypted digital program to a [[hard disk]] or other [[Non-volatile memory|non-volatile storage]], inability to make secondary copies of recorded content (in order to share or archive), forceful reduction of quality when recording (such as reducing [[high-definition television|high-definition]] video to the resolution of [[standard-definition television|standard TVs]]), and inability to [[Commercial skipping|skip over commercials]].

In the [[United States]], new television [[ATSC tuner|receivers]] using the [[ATSC standard]] were supposed to incorporate this functionality by July 1, 2005.{{citation needed|date=January 2018}} The requirement was successfully contested in 2005 and rescinded in 2011.

== FCC ruling ==
Officially called "Digital Broadcast Television Redistribution Control", the [[Federal Communications Commission|FCC]]'s rule is in 47 CFR 73.9002(b) and the following sections, stating in part: "No party shall sell or distribute in interstate commerce a Covered [[Demodulator]] Product that does not comply with the Demodulator Compliance Requirements and Demodulator Robustness Requirements." According to the rule, hardware must "actively thwart" [[Online piracy|piracy]].

The rule's Demodulator Compliance Requirements insists that all HDTV demodulators must "listen" for the flag (or assume it to be present in all signals). Flagged content must be output only to "protected outputs" (such as [[Digital Visual Interface|DVI]] and [[High-Definition Multimedia Interface|HDMI]] ports with [[High-bandwidth Digital Content Protection|HDCP]] encryption), or in degraded form through [[analog signal|analog outputs]] or [[Digital data|digital]] outputs with visual resolution of 720x480 pixels ([[Enhanced-definition television|EDTV]]) or less. Flagged content may be recorded only by "authorized" methods, which may include tethering of recordings to a single device.

Since broadcast flags could be activated at any time, a viewer who often records a program might suddenly find that it is no longer possible to save their favorite show. This and other reasons lead many{{who|date=August 2020}} to see the flags as a direct affront to [[consumer rights]].

The Demodulator Robustness Requirements are difficult to implement in [[Open-source model|open source]] systems. Devices must be "robust" against user access or modifications so that someone could not easily alter it to ignore the broadcast flags that permit access to the full digital stream. Since open-source [[device driver]]s are by design user-modifiable, a PC [[TV tuner card]] with open-source drivers would not be "robust".

The [[GNU Radio]] project already successfully demonstrated that purely software-based demodulators can exist and the hardware rule is not fully enforceable.

== Current status ==
In ''American Library Association v. FCC'', 406 F.3d 689 (D.C. Cir. 2005),<ref>{{cite web|url=http://pacer.cadc.uscourts.gov/docs/common/opinions/200505/04-1037b.pdf |title=USCA-DC Opinions - Search - 04-1037b.pdf |publisher=Pacer.cadc.uscourts.gov |access-date=2012-01-12}}</ref> the [[United States Court of Appeals for the District of Columbia Circuit|United States Court of Appeals for the D.C. Circuit]] ruled that the FCC had exceeded its authority in creating this rule. The court stated that the Commission could not prohibit the manufacture of computer or video hardware without copy-protection technology because the FCC only has authority to regulate transmissions, not devices that receive communications. While it is always possible that the Supreme Court could overturn this ruling, the more likely reemergence of the broadcast flag is in legislation granting such authority to the FCC.

On May 1, 2006, Sen. [[Ted Stevens]] inserted a version of the Broadcast Flag into the Communications, Consumer's Choice, and Broadband Deployment Act of 2006.<ref>{{cite web |author=Stevens, Ted |author-link=Ted Stevens |title=Communications, Consumer's Choice, and Broadband Deployment Act of 2006 |url=http://commerce.senate.gov/pdf/06telcom.pdf |date=2006-05-01 |access-date=2006-07-07 |archive-url=https://web.archive.org/web/20060702203530/http://commerce.senate.gov/pdf/06telcom.pdf |archive-date=2006-07-02 |url-status=dead}}</ref> On June 22, 2006 Sen. [[John E. Sununu]] offered an amendment to strike the broadcast and radio flag,<ref name=bill4>{{cite web |url=http://www.publicknowledge.org/node/475 |archive-url=https://web.archive.org/web/20060701092649/http://www.publicknowledge.org/node/475 |url-status=dead |archive-date=2006-07-01 |title=Sen.John E. Sununu amendment |publisher=Publicknowledge.org |access-date=2012-01-12 }}</ref> but this failed and the broadcast-flag amendment was approved by the [[United States Senate Committee on Commerce, Science and Transportation|Commerce committee]]. Nonetheless, the overall bill was never passed, and thus died upon adjournment of the 109th Congress in December 2006.

On May 18, 2008, [[News.com]] reported that [[Microsoft]] had confirmed that current versions of [[Windows Media Center]] shipping with the [[Microsoft Windows|Windows]] family of operating systems adhered to the use of the broadcast flag, following reports of users being blocked from taping specific airings of [[NBC]] programs, mainly ''[[American Gladiators (2008 TV series)|American Gladiators]]'' and ''[[Medium (TV series)|Medium]]''. A Microsoft spokesperson said that Windows Media Center adheres to the "rules set forth by the FCC".<ref name=wmc1>{{cite web |last=Sandoval |first=Greg |url=http://www.news.com/8301-10784_3-9946780-7.html?tag=nefd.riv |title=Microsoft confirms Windows adheres to broadcast flag |publisher=News.com |date=2008-05-18 |access-date=2012-01-12}}</ref>

On August 22, 2011, the FCC officially eliminated the broadcast flag regulations.<ref name=fcc1>{{cite web|url=https://www.politico.com/story/2011/08/fcc-finally-kills-off-fairness-doctrine-061851 |title=FCC eliminated rules |date=22 August 2011 |publisher=Politico.com |access-date=2012-01-12}}</ref>

== Related technologies ==
{{Unreferenced section|date=June 2025}}

=== Radio broadcast flag and RIAA ===
With the coming of digital radio, the recording industry is attempting to change the ground rules for copyright of songs played on radio. Currently, over the air (i.e. broadcast but not Internet) radio stations may play songs freely but [[RIAA]] wants Congress to insert a radio broadcast flag. On April 26, 2006, Congress held a hearing over the radio broadcast flag. Among the witnesses were musicians [[Anita Baker]] and [[Todd Rundgren]].

=== European Broadcast Flag ===
At present no equivalent signal is typically used in European [[Digital Video Broadcasting|DVB]] transmissions, although [[DVB-CPCM]] would provide such a set of signal as defined by DVB-SI, usable on clear-to-air television broadcasts. How adherence to such a system would be enforced in a receiver is not yet clear.

In the UK, the [[BBC]] introduced content protection restrictions in 2010 on Free to Air content by licensing data necessary to receive the service information for the Freeview HD broadcasts.{{citation needed|date=December 2015}} However the BBC have stated the highest protection applied will be to allow only one copy to be made.{{citation needed|date=December 2015}}

=== ISDB ===
[[ISDB]] broadcasts are protected as to allow the broadcast to be digitally recorded once, but to not allow digital copies of the recording to be made. Analog recordings can be copied freely. It is possible to disallow the use of analog outputs, although this has yet to be implemented. The protection can be circumvented with the correct hardware and software.

=== DVB-CPCM ===
The Digital Video Broadcasting organization is developing [[DVB-CPCM]] which allows broadcasters (especially PayTV broadcaster) far more control over the use of content on (and beyond) home networks.{{cn|date=October 2019}} The DVB standards are commonly used in Europe and around the world (for satellite, terrestrial, and cable distribution), but are also employed in the United States by [[Dish Network]].{{cn|date=October 2019}} In Europe, some entertainment companies were lobbying to legally mandate the use of DVB-CPCM.{{cn|date=October 2019}} Opponents{{who|date=October 2019}} fear that mandating DVB-CPCM will kill independent receiver manufacturers that use open source operating systems (e.g., Linux-based set-top boxes.)

=== Pay-per-view use of broadcast flag ===
In the US, since April 15, 2008, [[pay-per-view]] [[movie]]s on [[cable television|cable]] and [[satellite television]] now are flagged to prevent a recording of a pay-per-view channel to a [[digital video recorder]] or other related devices from being retained after 24 hours from the ordered time of the film. This is the standard film industry practice, including for digital rentals from the [[iTunes Store]] and [[Google Play]]. Movies recorded before that point would still be available without flagging and could be copied freely, though as of 2015 those pre-2008 DVR units are well out-of-date or probably non-functional, and the pay-per-view concern is moot for all but special events, as nearly all satellite providers and cable providers have moved to more easily restricted [[video on demand]] platforms; pay-per-view films have been drawn down to non-notable content.{{Citation needed|date=February 2017}}

== See also ==
* [[CGMS-A]]
* [[Copy Control Information]]
* [[Digital Millennium Copyright Act]]
* [[Digital rights management]]
* [[Digital Transition Content Security Act]]
* [[Family Entertainment and Copyright Act]]
* [[Evil bit]]
* [[Image Constraint Token]]
* [[Selectable Output Control]]
* [[Serial Copy Management System]]

== References ==
<references/>
{{refbegin}} 
* {{cite web
 |title       = Digital Broadcast Television Redistribution Control
 |url         = http://a257.g.akamaitech.net/7/257/2422/13nov20061500/edocket.access.gpo.gov/cfr_2006/octqtr/pdf/47cfr73.9002.pdf
 |publisher   = Federal Communications Commission
 |access-date  = 2007-04-05
 |url-status     = dead
 |archive-url  = https://web.archive.org/web/20070929100427/http://a257.g.akamaitech.net/7/257/2422/13nov20061500/edocket.access.gpo.gov/cfr_2006/octqtr/pdf/47cfr73.9002.pdf
 |archive-date = 2007-09-29
}}, October 1, 2005.
{{refend}}

== External links ==
* [https://fpc.state.gov/documents/organization/45183.pdf Copyright Protection of Digital Television: The “Broadcast Flag”]
* [https://www.eff.org/broadcastflag/ Electronic Frontier Foundation's Broadcast Flag page]
* [https://www.eff.org/IP/Video/HDTV/ The Broadcast Flag and "Plug & Play": The FCC's Lockdown of Digital Television]
* [http://news.cnet.com/Court+says+FCCs+broadcast+flag+is+toast/2100-1030_3-5697719.html U.S. District Court shoots down broadcast flag (CNET)]
* [http://www.mp3newswire.net/stories/5002/broadcastflag.html Broadcast Flag: Media Industry May Try to Steal the Law] - June 2005 [[MP3 Newswire]] article
* [http://pacer.cadc.uscourts.gov/docs/common/opinions/200505/04-1037b.pdf Circuit Court ruling striking down (PDF format)]

{{Federal Communications Commission}}
{{Broadcast encryption}}
{{North American DTV}}
{{Video formats}}

{{DEFAULTSORT:Broadcast Flag}}
[[Category:ATSC]]
[[Category:Digital television]]
[[Category:High-definition television]]
[[Category:Digital rights management standards]]
[[Category:Federal Communications Commission]]
[[Category:Television terminology]]
[[Category:History of television]]