Ears On

The battle over the broadcast flag resumes, with the reintroduction of S.256 (the Perform Act) by Senators Lamar Alexander (R-TN), Joseph Biden (D-DE), Dianne Feinstein (D-CA), and Lindsey Graham (R-SC). Last year it died in committee. Apparently, however, this is going to be an annual occurrence until the entertainment industry and its proxies in Congress get their way. The ostensible aim is to prevent cherrypick recording of satellite, cable, or Internet broadcasts. You could still record by time slot or station, but the bill is widely viewed as a Trojan horse for digital rights management and more draconian future restrictions. As before, the Electronic Frontier Foundation and the Consumer Electronics Association are leading the loyal opposition. Also up in arms is Sen. John Sununu (R-NH) who has introduced legislation of his own to prevent the Federal Communications Commission from hoisting the flag without even a figleaf of legislation.