Debate rages in copy protection battle

Bill to plug the 'analog hole' at question

By Paul Sweeting -- Video Business, 11/3/2005

NOV. 3 | WASHINGTON—Capitol Hill’s long-running copy protection war resumed Thursday, as the studios faced off with hardware makers and consumer groups over new Hollywood-backed proposals to restrict copying and redistributing digital video.

At issue was the proposed Analog Content Security Preservation Act, which would require device makers to install new technology to plug the so-called analog hole. A draft version of the bill was circulated to members of the House Subcommittee on Courts, the Internet and Intellectual Property earlier in the week as part of a package of copy-protection related measures.

Others included the so-called broadcast flag to protect over-the-air digital TV signals and a similar measure to protect emerging digital radio broadcasts.

All three proposals are controversial, but the analog-hole bill is likely to generate the most heat, if only because it represents the first legislative effort to address the issue and because of the proposal’s far-ranging scope.

The studios’ main concern is that high-definition digital signals need to be converted to analog for display on analog TVs. But in the process, any encryption meant to prevent copying of the digital signal is stripped away, leaving the high-definition analog version “in the clear.”

If that analog signal is intercepted and copied, it can be re-digitized without any encryption. And it then can be redistributed via the Internet—the analog hole.

Standard-def analog signals can be protected using established technology such as Macrovision. But so far, no anti-copy system has emerged as a standard for analog high-def.

The proposed bill would permit content owners to insert two separate types of digital codes into programming that would survive the transition to analog.

The bill would then require that any device that received an analog signal would look for those codes, and if it found them, refuse to allow the signal to be reconverted to digital or to pass it on to other devices over unprotected outputs.

The provision would apply to packaged media formats as well as to video-on-demand, pay-per-view, subscription VOD and other types of premium content.

The two types of code spelled out in the proposed bill are the Content Generation Management System already used in many set-top boxes and a newer system called Video Encoded Invisible Light, or VEIL.

“We must oppose the sweeping draft proposal to close the analog hole,” Gigi Sohn, head of consumer interest group Public Knowledge said in testimony to the committee. “The prohibitions would require the redesign of a whole range of currently legal consumer devices, including DVD recorders, personal video recorders and camcorders with video inputs. It would also restrict lawful uses of analog product.”

Hardware makers also objected to being required to use specific technology without their input.

“One of the two required copy-protection technologies is largely unknown as to its cost, operation and licensing status,” said Michael Petricone, Consumer Electronics Assn. VP, referring to VEIL. “We’re not opposed to addressing the analog hole, but the current legislation in no way resembles a multi-industry consensus.”

Motion Picture Assn. of America president Dan Glickman defended the studios’ approach.

“It’s often very difficult to get the various industries to come together on these things,” Glickman said. “That’s where I think Congress can play a leadership role by moving the process forward.”

The studios are expected to find some support for their proposals on the committee, but the process is likely to be protracted.

“I’ve got a long way to go on all of this,” Rep. Zoe Lofgren (D-Calif.) told Glickman. “If the government is going to get into micromanaging the technology, we may be going down a road that none of us are going to be happy with.”

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