(We received the same response in Feb. 2006, after draft language had begun to be circulated by Sen. Gordon Smith of Oregon in mid-January.)
Thank you for contacting me regarding your concerns with the “broadcast flag” system.

As you know, the Federal Communications Commission (FCC) in 2003 adopted regulations intended to limit unauthorized redistribution of digital television broadcasts. In May 2005, the D.C. Circuit Court of Appeals threw out the FCC’s rules, finding that the agency did not have the authority to issue the rules because Congress had not explicitly directed the agency to do so.

Congress is now considering whether to pass a broadcast flag law. Proponents of a broadcast flag law argue that strong policies are needed to crack down on digital piracy. Opponents worry that consumers will lose the ability to enjoy the full realm of digital entertainment.

As a member of the Senate Commerce Committee, which oversees the FCC, and as a long time advocate of protecting consumer rights, I will keep your thoughts in mind should relevant legislation come before the Senate. Please don’t hesitate to contact me again.