Does the FCC control everything digital?

It's hard to know which way the wind blows in the corridors of the FCC. Hard on the heels of thoughtful rulings on the future of VoIP, the FCC has turned around and claimed jurisdiction over, well, everything digital, including your computer. That's the conclusion of a lot of interested parties, anyway.

The current gasoline being thrown on this fire is the Broadcast Flag mandated by the FCC to be supported on all TVs beginning with sets manufactured next year (right around the corner). The broadcast flag is a bit that tells the set or recording device that the content (i.e a television program, movie, etc.) cannot be copied.

The thinking here was that digital TV would never take off unless the content creators (the giant media companies) were protected against rampant piracy. As the Ars Technical article notes, the FCC continues to be too easily influenced by the incumbent media companies, and tends to pay too little attention to consumer interests.

I have to agree. I don't see that Congress has directed the FCC to "make sure the big media companies don't suffer any competition." The FCC ought to be seeking to create a level playing field for all content providers, large and small. Secondarily, the notion that consumers are just a bunch of thieving pirates is not only extraordinarily small-minded, there is absolutely no evidence to support it. VCRs, twenty-five years ago, were going to kill the movie industry. Now movie makers make more from selling recorded movies than they typically make in theatre box office receipts.

We have a more recent example in the music industry. Even while music industry groups continue to sue consumers for filesharing, they are making hundreds of millions of dollars on legal music downloads. Why is the FCC falling for this nonsense?

New technology and new delivery systems for entertainment always create a period of displacement; it's the beauty of creative destruction. Time after time, we have seen new and bigger markets (and new job and work opportunities) emerge out of the ashes of old businesses. As a country, why are we trying to preserve the near monopoly status of buggy whip makers?

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