Re: Industries try to mandate copy controls in ATSC tuners

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Devadas Menon writes:

> we are about to start a custom ATSC/HDTV receiver development work. It uses 
> Phlips tuner and NxtWave's VSB demodulator. Our customer will be putting 
> out the product in the 3rd quarter this year.
> 
> I think that this whole thing is an exercise in futility. ATSC signals are 
> one of the easiest to hack into, since the standards are well known and can 
> be downloaded from atsc.org. Tuners are available from a number of sources. 
> The VSB demodulator may not have many suppliers. I do not think that there 
> is something called "ATSC Tuners". The Philips tuner can output the IF and 
> CVBS signals from both ATSC and NTSC broadcasts. If one need to decode 
> NTSC, then the IF/CVBS is fed to a broadcast decoder otherwise to the VSB 
> demodulator, which outputs TS.

I'm glad to hear about your project; I urge you to take the BPDG plan
very seriously, because I think it will literally outlaw (for
consumer/public sale in the U.S.) what you are trying to do.  The
"affected industries" have been meeting in L.A. for some months and
prepared an elaborate technical specification.  The version from this
morning is now at

http://www.eff.org/IP/Video/HDTV/20020326_bpdg_compliance_rules.doc

Sorry for the Word file -- that's how these folks operate!

It's correct that tuning (and RF --> IF downconversion), demodulation,
decoding, and other digital processing are all logically separate
functions, which can be implemented in separate components.  I don't
usually distinguish these components when talking about these rules,
partly because they're written very broadly to apply to anything which
_contains_ certain functionality.

Their efforts might mean that some of the components you're using
could become unavailable.  For example, I don't think something like
the Philips TDA 8961

http://my.semiconductors.com/pip/TDA8961_1

could be sold to the public under this plan, and components like that
could just drop off the market entirely, or be sold only to companies
which agree in writing to put DRM into any product using the chip.

It's true that the proposal is "futile" in the sense that ATSC is an
open and published standard, that it's been independently implemented
and lots of components and complete systems have been available, and
that all of those will continue to work flawlessly.  However, the
power of legal mandates to affect what's _generally available_ both to
consumers and to OEMs shouldn't be underestimated.  This is totally
separate from the question of what's technically feasible.  I can give
you two prior precedents which have quite a lot in common with what
may come out of BPDG:

(1) The "cell phone scanner ban" (also a restriction on the
manufacture and sale of devices which could receive unencrypted
over-the-air radio signals -- many of which also use published
modulation standards).

http://www.fcc.gov/Bureaus/Common_Carrier/Factsheets/investigation.html

   The Act also contains provisions that affect the manufacture of
   equipment used for listening to or receiving radiotransmissions, such
   as "scanners." Section 302(d) of the Communications Act, 47 U.S.C.
   Section 302(d), prohibits the FCC from authorizing scanning equipment
   that is capable of receiving transmissions in the frequencies
   allocated to domestic cellular services, that is capable of readily
   being altered by the user to intercept cellular communications, or
   that may be equipped with decoders that convert digital transmissions
   to analog voice audio. In addition, such receivers may not be
   manufactured in the United States or imported for use in the United
   States after April 26, 1994. 47 CFR 15.121. FCC regulations also
   prohibit the sale or lease of scanning equipment not authorized by the
   FCC. 47CFR 2.803.

("The Act" is the Communications Act of 1934, as amended; the
amendment in question was enacted in 1991 and codified at 47 USC
302(d).  We have considered the possibility that 302(d) might be
unconstitutional, but that's an extremely long story which would
be a distraction from the point I'm trying to make right now.
Meanwhile, 302(d) is very much alive and well.)

(2) The VCR Macrovision mandate, an obscure and little-known part of
the Digital Millennium Copyright Act (not to be confused with the
better-known "anticircumvention" provisions).

   (k) Certain Analog Devices and Certain Technological Measures. -
   (1) Certain analog devices. -
   (A) Effective 18 months after the date of the enactment of this
   chapter, no person shall manufacture, import, offer to the public,
   provide or otherwise traffic in any -

   (i) VHS format analog video cassette recorder unless such recorder
   conforms to the automatic gain control copy control technology;
   [... many more subparagraphs snipped ...]

This is codified as 17 USC 1201(k) and is an exception to the "no
mandate" DMCA provisions at 17 USC 1201(c)(3).  1201(k) banned VCRs
which did not respond to Macrovision signal degradation ("AGC copy
control").  When 1201(k)(1)(A) came into force, these VCRs completely
disappeared from the ordinary consumer market in the U.S.  This is
not because AGC is a technically sound copy control scheme; the
exact nature of the signal degradation _and means of fixing it_ are
disclosed in Macrovision's patents and have also been extensively
documented.  They are published in books; the technology is completely
understood by analog video engineers.

Still, you can't get or sell those Macrovision-free VCRs new in the
consumer market.  17 USC 1201(k)(5) and 1204(a) of the same title
mean you can

	be fined not more than $500,000 or imprisoned for not more
	than 5 years, or both, for the first offense;

and

	be fined not more than $1,000,000 or imprisoned for not more
	than 10 years, or both, for any subsequent offense.

Selling a single Macrovision-free VCR for commercial gain now carries
a possible _five year jail sentence_.  And that has nothing to do with
the technical merits of the technology.

There are still used VCRs without Macrovision sold legally in the
U.S., and certainly there are new (mainly imported) VCRs sold
illegally -- along with Macrovision correctors, which appear to
violate 17 USC 1201(b) (same penalty as (k)) -- but clearly this law
has had a big effect on the market here.

Anyway, that's the end of my historical examples.  If you agree that
the BPDG proposal is a threat to what you're doing, we'd be very
grateful if you'd talk further with us.  We really want to establish
that there are people who disagree with this course and who'll be
affected by it.

-- 
Seth Schoen
Staff Technologist                                schoen@xxxxxxx
Electronic Frontier Foundation                    http://www.eff.org/
454 Shotwell Street, San Francisco, CA  94110     1 415 436 9333 x107





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