What are Other Governments Doing About Broadcast Flag?
The United States government took some initial steps to implement broadcast flag technologies, but those efforts appear to have been thwarted by the courts. In November 2003, the Federal Communication Commission (FCC) issued a Report and Order and Further Notice of Proposed Rulemaking that would have mandated that all devices capable of receiving or processing digital television signals sold after July 1st, 2005, must incorporate approved technologies recognizing the broadcast flag or restrict the output of digital content to other devices that have approved DRM. There is a danger that once implemented in the U.S., the broadcast flag will become a world wide standard for digital broadcasting. However, the order was successfully appealed on the basis that the FCC lacked jurisdiction under the U.S. Communications Act to mandate the inclusion of flag reading technology in reception equipment. The FCC had argued that it has ancillary powers granted under the Communications Act to regulate
