By Jonathan Krim and Frank Ahrens Washington Post Staff Writers
Wednesday, November 5, 2003; Page E01
The Federal Communications Commission yesterday approved the first-ever requirement that some personal computers and other consumer electronic devices be equipped with technology to help block Internet piracy of digital entertainment.
The move is a victory for the movie industry, which has lobbied hard for regulations aimed at stemming the tide of copying and online trading of movies and television shows.
But consumer advocates warned that the scheme could force people to buy new equipment and lead to ongoing regulation of how computers are built. And they worry that the new rules would potentially hinder the copying of programming not entitled to industry protection, such as shows that are no longer covered by copyright.
In voting 5 to 0, with two dissents on portions of the rules, the FCC is pursuing a longtime goal of pushing for more programming in digital form, which offers higher-quality pictures and sound.
The agency has reasoned for several years that unless such programming is available on over-the-air channels, subscription cable and satellite television would be the only place where enhanced-quality entertainment was available, and free TV would die.
"Because broadcast TV is transmitted 'in the clear,' it is more susceptible than encrypted cable or satellite programming to be captured and retransmitted via the Internet," FCC Chairman Michael K. Powell said in a statement.
Indeed, the entertainment industry has balked at providing extensive digital programming over the air unless there was some protection.
Under the new rules, the industry could embed a piece of digital code known as a "broadcast flag" into a program, which then could only be copied by a digital recording device equipped with technology that recognizes the flag.
A computer could not copy the file to its hard drive, which is necessary for it to be sent onto the Internet.
The rule is particularly aimed at increasingly popular digital video recorders, which copy programs to DVDs rather than to video cassettes.
