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"Analog hole" legislation introduced
Ars Technica ^ | 18 December 2005 | Eric Bangeman

Posted on 12/19/2005 11:15:09 AM PST by ShadowAce

A frightening bit of legislation was introduced to the US House Judiciary Committee on Friday. The Digital Transition Content Security Act of 2005 (PDF) is sponsored by Rep. Jim Sensenbrenner (R-WI) and Rep. John Conyers (D-MI) (PDF) and would close that pesky analog hole that poses such a dire threat to the survival of the music and movie industries. The bill was originally planned for introduction in early November, but was tabled after hearings held by the House Subcomittee on Courts, the Internet, and Intellectual Property.

Calling the ability to convert analog video content to a digital format a "significant technical weakness in content protection," H.R. 4569 would require all consumer electronics video devices manufactured more than 12 months after the DTCSA is passed to be able to detect and obey a "rights signaling system" that would be used to limit how content is viewed and used. That rights signaling system would consist of two DRM technologies, Video Encoded Invisible Light (VEIL) and Content Generation Management System—Analog (CGMS-A), which would be embedded in broadcasts and other analog video content.

Under the legislation, all devices sold in the US would fall under the auspices of the DTCSA: it would be illegal to "manufacture, import, offer to the public, provide or otherwise traffic" in such products. It's a dream-come-true for Hollywood, and in combination with a new broadcast flag legislation (not yet introduced) would strike a near-fatal blow to the long-established right of Fair Use.

According to Reps. Sensenbrenner and Conyers, the legislation is absolutely necessary because of the dire threat PCs and the Internet pose to the content-creation industry's very livelihood. Apparently, it's not nimble enough to keep up with advances in technology. Says Rep. Conyers:

"As one of our most successful industries, it is important that we protect the content community from unfettered piracy. One aspect of that fight is making sure that digital media do not lose their content protection simply because of lapses in technology. This bill will help ensure that technology keeps pace with content delivery."

Ah, yes. The piracy bogeyman. In the same press release, Rep. Sensenbrenner points out that a "software pirate" in Alexandria, Virginia pled guilty to "making $20 million in sales of counterfeit intellectual property." However, the honorable representative from Wisconsin fails to understand that the software market relies on a completely different distribution model than does broadcasting, instead choosing to throw big numbers around in an attempt to make this misguided bill sound like it makes some small shred of sense for consumers.

Reading through the proposed text of the DTSCA, it is easy to see the hand of the MPAA at work. The proposed legislation defines four "Technical Content Protection Responses" that consumer devices will have based on the type of signal transmitted in a broadcast.

It doesn't take too much imagination to see where this is headed.

Once the MPAA and pals have their way, you're going to pay through the nose for even the most basic of Fair Use rights. You're going to pay for the right to rewind and "re-experience" content. The Copy Prohibited Content class, complete with its asinine insta-delete feature is nothing but a back door into attacking what the content industry hates most: your ability to timeshift content.

And this bill is ridiculously hard on timeshifting. Section 201 (b) (1) of the DTCSA gives you all of 90 minutes from the initial reception of a "unit of content" to watch your recordings. Heaven forbid you get a long phone call or an unscheduled visit from a neighbor when you're engaged in some delayed viewing—once that 90-minute window closes you're out of luck until the next broadcast.

Our Fair Use rights have been on the endangered list for the past several years, and the passage of this legislation would mark a habitat loss so severe that it would threaten the very survival of the species. No matter what the MPAA and RIAA tell us, it's not about piracy. It's about squeezing every last dollar out of our pockets if we want to do anything other than watch a live broadcast.

This is bad legislation for everyone except Hollywood and its lackeys. If you are represented by a member of the House Committee on the Judiciary, contact him or her and make your feelings known. Given what's at stake here, expressing your views to your congressional representative and senators is an excellent idea as well.


TOPICS: Business/Economy; Technical
KEYWORDS: analoghole; copying; mpaa; piracy; riaa

1 posted on 12/19/2005 11:15:10 AM PST by ShadowAce
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To: rdb3; chance33_98; Calvinist_Dark_Lord; Bush2000; PenguinWry; GodGunsandGuts; CyberCowboy777; ...

2 posted on 12/19/2005 11:15:42 AM PST by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: ShadowAce

Tee-hee. You said analog hole.


3 posted on 12/19/2005 11:16:16 AM PST by M203M4
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To: ShadowAce

The Broadcast Flag rears it's ugly head again.


4 posted on 12/19/2005 11:17:12 AM PST by Yo-Yo
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To: ShadowAce

These idiots never learn. They wanted to ban the VCR, and had to be dragged kicking and screaming into billions of dollars in profits from selling tapes. Now if they get their way here, they'll find that piracy will increase tremendously, because "legitimate" content will be crippled to the point of uselessness.


5 posted on 12/19/2005 11:17:53 AM PST by ThinkDifferent (I am a leaf on the wind)
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To: Tijeras_Slim; martin_fierro

Don't be such an analoghole.


6 posted on 12/19/2005 11:17:55 AM PST by Constitution Day
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To: ShadowAce

I love what Congress considers a priority.


7 posted on 12/19/2005 11:19:01 AM PST by Semper Paratus
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To: ShadowAce

It will interesting to see how such a law would affect the manufacturers of turntables, cartridges, and vinyl records. Would they be covered?


8 posted on 12/19/2005 11:19:39 AM PST by proxy_user
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To: ShadowAce
...that poses such a dire threat to the survival of the music and movie industries.

No. Bad movies and liberal agendas are the threat to the movie indunstry.

9 posted on 12/19/2005 11:20:34 AM PST by BostonianRightist ("Moderation in pursuit of justice is no virtue." ~ Senator Goldwater)
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To: proxy_user

Upon consideration, I think it would be the manufacturers of phono preamps that are affected.


10 posted on 12/19/2005 11:21:09 AM PST by proxy_user
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To: ShadowAce

Not to worry, some teenager will soon figure out how to crack the protection codes.


11 posted on 12/19/2005 11:21:41 AM PST by canuck_conservative
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To: proxy_user

Whenever I see things like this, I keep remembering the line from "Star Wars" where Leia told the General "The more you tighten you grip, the more will slip out of your grasp."


12 posted on 12/19/2005 11:21:48 AM PST by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: ShadowAce
Another piece of authoritarian legislation from Sensenbrenner just like his shoved through Real ID Act of 2005. I have to say that it is time to get rid of these "Neo-Conservatives" through the ballot box just like RINO's and replace them with true conservatives like Bob Barr and Dick Armey.
13 posted on 12/19/2005 11:29:47 AM PST by CORedneck
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To: ShadowAce

If record and movie studios put as much effort into producing stuff people would be compelled to buy at the prices they charge they'd be well ahead of the piracy curve.

iTunes does so well because the music and television shows are priced attractively for what you get.


14 posted on 12/19/2005 11:35:12 AM PST by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
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To: ShadowAce

Here we go again. And I don't have a congresscritter on this committee to set straight.

Now we just get to wait for Senator Fritz Hollings (D-Disney) to introduce it on the Senate side again.


15 posted on 12/19/2005 11:39:46 AM PST by antiRepublicrat
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To: ShadowAce
This is discrimination. Many of us are hard of hearing and these guys keep making things to play better and better music which at least 30% of us can't hear. Why can't these guys make something to only amplify and modify things for us that can not hear too well?
16 posted on 12/19/2005 11:41:50 AM PST by mountainlyons (Merry CHRISTMAS AND HAPPY NEW YEAR!!!)
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To: ShadowAce
This law would also make it illegal for internet to function.

Everything from ADSL to basic modem phoneline technology works by changing information packets back and forth from analog to digital.

17 posted on 12/19/2005 11:44:10 AM PST by Paul C. Jesup
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To: M203M4
I believe Anderson Cooper pronounces it anal log hole.
18 posted on 12/19/2005 11:44:16 AM PST by operation clinton cleanup
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To: antiRepublicrat
Hollings left the Senate in January 2005.
19 posted on 12/19/2005 11:44:20 AM PST by KarlInOhio (What is the most obscene gesture to a Democrat? An Iraqi voter showing him a stained finger.)
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To: operation clinton cleanup

Ouch.


20 posted on 12/19/2005 11:45:09 AM PST by Petronski (I love Cyborg!)
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To: ShadowAce

This is how the erosion of liberty starts. You take an extreme case and make it illegal. Well if that extreme case is illegal then shouldn't something a little less extreme be illegal? And once that;s done then shouldn't you close up those remaining "loopholes?"

We are headed to a situation where libraries are going to be illegal and you are going to have to pay for music depending on how many people in your family listen to it.

Already some new computer games are lisenced for only one person. if a father and child wish to play the game on the same PC at different times they are supposed to buy two copies.


21 posted on 12/19/2005 11:49:12 AM PST by gondramB (Rightful liberty is unobstructed action within limits of the equal rights of others.)
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To: Semper Paratus

i can't believe they haven't went after pro musicians smoking weed. such music enhancing drugs must be cracked on and those who use it shouild be banned from music.(/sarcasm)

i really do hate congress sometimes, all of them.


22 posted on 12/19/2005 11:55:15 AM PST by postaldave (i've given up on being mad in exchange for bitter sarcasm.)
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To: KarlInOhio
Hollings left the Senate in January 2005.

Yippie! But I wonder who Disney bought to replace him.

23 posted on 12/19/2005 11:56:39 AM PST by antiRepublicrat
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To: ShadowAce
This is a priority in congress? Glad to see that protecting the "intellectual property rights" of murderous Hip Hop thugs and sleazy porn producers gets action while the Patriot Act, borders, Able Danger, etc. are ignored.

It stuns me that supposedly conservative politicians are so eager to strip away our rights at Big Hollywood's biding. No doubt $$ (as always) is involved.

Get a clue GOP. The entertainment industry is an integral part of the leftist cultural revolution our domestic enemies are plotting to carry out. If our side had any brains, and a little integrity, we would be working to break Hollywood's power not granting them an unassailable stranglehold on all news and entertainment.

24 posted on 12/19/2005 12:01:31 PM PST by Mad_as_heck (The MSM - America's (domestic) public enemy #1.)
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To: gondramB
"Already some new computer games are licensed for only one person. if a father and child wish to play the game on the same PC at different times they are supposed to buy two copies."

This has always been the case. One copy, one computer. If you install the game on another computer, you should have "technically" purchased two copies or removed the software from one of the computers. This became a problem as hard disks became commonplace in the market. This is also why Microsoft adopted that damn internet registration for Windows XP and beyond (to prevent "casual" copying).

Back in the days of the C64, you need "Fast Hack 'Em 5.0" or other goodies to make multiple copies of most games thanks to the disk sector antics implemented as copy protection for games / other SW back in the day :)!

I think what the music/gaming/movie industry needs to do to prevent copy protection is come up with better music/games/movies. That should drive profits up and "pirating" down.

By the way, the arstechnica article linked in the original post makes a dig at Orrin Hatch ... that article was outstanding until that stupid sentence.
25 posted on 12/19/2005 1:14:42 PM PST by edh
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To: ShadowAce

My wife is a singer/comedienne, and her demo master is on DVD. I wanted to do a little editing on it with my new computer, so I downloaded a test editing program and tried to import her demo. Discovered that I can't access my own computer's DVD drive, which would seem to be the most basic and obvious source for the video I want to edit. Hollywood and their paid-for lackeys in Congress have apparently made it illegal for me to use my own DVD drive as a video source for my own DVD editor because I might put one of their precious discs in and copy from it without sending them some more cash to spend on hookers and coke. The fact that the DVD I am using is my own, containing a demo video that I paid to produce and own the rights to, is immaterial.


26 posted on 12/19/2005 1:15:43 PM PST by HHFi
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To: HHFi
My wife is a singer/comedienne, and her demo master is on DVD. I wanted to do a little editing on it with my new computer, so I downloaded a test editing program and tried to import her demo. Discovered that I can't access my own computer's DVD drive, which would seem to be the most basic and obvious source for the video I want to edit. Hollywood and their paid-for lackeys in Congress have apparently made it illegal for me to use my own DVD drive as a video source for my own DVD editor because I might put one of their precious discs in and copy from it without sending them some more cash to spend on hookers and coke. The fact that the DVD I am using is my own, containing a demo video that I paid to produce and own the rights to, is immaterial.

On the contrary; it's critical.

Hollywood's REAL agenda is to prevent the development of technologies that allow anyone to do their own independent media production with a few thousand dollars' worth of equipment.

27 posted on 12/19/2005 1:58:44 PM PST by steve-b (A desire not to butt into other people's business is eighty percent of all human wisdom)
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To: ShadowAce
I won't buy a product that contains new technology that prevents me from making a backup copy of their fautly, junk product. CDs and DVDs are a collossal step backwards. You can get one that skips right out of the damned package. Even 8-tracks last longer than scratch-prone CDs.

If the record companies collapsed tomorrow, it would be the second best thing that ever happened to popular music. The first is the internet, which allows artists to bypass monopolistic record companies and their payola scams.
28 posted on 12/19/2005 2:10:39 PM PST by mysterio
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To: edh
Back in the days of the C64, you need "Fast Hack 'Em 5.0" or other goodies to make multiple copies of most games thanks to the disk sector antics implemented as copy protection for games / other SW back in the day :)!

Holy Heck! I haven't thought of that in a long, LONG time! :-)

29 posted on 12/19/2005 2:10:53 PM PST by bikepacker67
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To: Mad_as_heck; All
If our side had any brains, and a little integrity, we would be working to break Hollywood's power not granting them an unassailable stranglehold on all news and entertainment.

Unfortunately, there's way too many Freepers feeding at the Hollyweird trough, as evidenced by all the various music and movie threads, the eye rolling Tiger Beat type threads fawning over the Oscars and Emmy's, etc.

There's nobody to blame but us. If everyone would boycott TV and the video stores and Best Buy, etc, for just one day, the suits would be flinging themselves from the tops of their ivory towers. We have so much power and never use it, and the older I get the more convinced I am that "human intelligence" doesn't actually exist.

30 posted on 12/19/2005 2:14:21 PM PST by JoJo Gunn (Help control the Leftist population. Have them spayed or neutered. ©)
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To: edh
By the way, the arstechnica article linked in the original post makes a dig at Orrin Hatch ... that article was outstanding until that stupid sentence.

On this subject, Hatch deserves it. He was the one who thought the RIAA should be allowed to remotely destroy the computers of suspected copyright infringers.

31 posted on 12/19/2005 3:53:43 PM PST by ThinkDifferent (I am a leaf on the wind)
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To: gondramB
Already some new computer games are lisenced for only one person. if a father and child wish to play the game on the same PC at different times they are supposed to buy two copies.

Wow, do you have a link for that? Multiple computers I can see, but the same one is ridiculous.

32 posted on 12/19/2005 3:54:55 PM PST by ThinkDifferent (I am a leaf on the wind)
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To: ThinkDifferent

Me: "Already some new computer games are lisenced for only one person. if a father and child wish to play the game on the same PC at different times they are supposed to buy two copies."

TD: "Wow, do you have a link for that? Multiple computers I can see, but the same one is ridiculous."


Sadly, I did a quick search and couldn't find the right search words to get the article. I remember it from either ZDNet or Slashdot. Another irritating restriction is the growing frquency of good computer games that can't be played without a pay subscription in addition to the $50 purchase price.


33 posted on 12/19/2005 4:40:24 PM PST by gondramB (Rightful liberty is unobstructed action within limits of the equal rights of others.)
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To: Paul C. Jesup
Everything from ADSL to basic modem phoneline technology works by changing information packets back and forth from analog to digital.

But not all A/D conversion has something to do with video.

Calling the ability to convert analog video content to a digital format a "significant technical weakness in content protection," H.R. 4569 would require all consumer electronics video devices manufactured more than 12 months after the DTCSA is passed to be able to detect and obey a "rights signaling system" that would be used to limit how content is viewed and used. That rights signaling system would consist of two DRM technologies, Video Encoded Invisible Light (VEIL) and Content Generation Management System—Analog (CGMS-A), which would be embedded in broadcasts and other analog video content.

How tragic it must be to go through life without the ability to comprehend what you read.

34 posted on 12/19/2005 5:28:43 PM PST by TechJunkYard (Open Source: the difference between trust and antitrust)
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To: TechJunkYard

You realize 'video' so loosely defined could be anything from a movie on DVD to a online animation .gif picture file.


35 posted on 12/19/2005 5:41:41 PM PST by Paul C. Jesup
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To: ShadowAce

BTTT. This is outrageous, and goes far beyong the "broadcast flag". This is about preventing ALL recording. It's time to run someone against Sensenbrenner and point out specifically why.


36 posted on 12/19/2005 6:52:22 PM PST by Windcatcher (Earth to libs: MARXISM DOESN'T SELL HERE. Try somewhere else.)
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To: Paul C. Jesup
You realize 'video' so loosely defined could be anything from a movie on DVD to a online animation .gif picture file.

Don't worry about it, Paul. The bill has defined analog video so it cannot possibly be mistaken for "[e]verything from ADSL to basic modem phoneline technology".

37 posted on 12/19/2005 7:30:52 PM PST by TechJunkYard (Open Source: the difference between trust and antitrust)
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To: TechJunkYard
Don't worry about it, Paul. The bill has defined analog video so it cannot possibly be mistaken for "[e]verything from ADSL to basic modem phoneline technology".

Yea right, this bill was crafted by MPAA/RIAA, I am sure it is designed to let the MPAA/RIAA sue anyone they want.

By the way, the RIAA is now going after sheet music. And they (RIAA) have sued people for P2P program downloading who DON'T EVEN OWN COMPUTERS...

This "Analog hole" legislation should be called "Make the Citizens Into Criminals Act", because that is what it would do.

38 posted on 12/20/2005 6:46:40 AM PST by Paul C. Jesup
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To: Paul C. Jesup
This "Analog hole" legislation should be called "Make the Citizens Into Criminals Act", because that is what it would do.

I agree with that. Everyone, hang onto your old computers, DVD players, TV cards and sets, etc., for as long as possible.

39 posted on 12/20/2005 2:55:08 PM PST by TechJunkYard (Open Source: the difference between trust and antitrust)
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To: TechJunkYard
I agree with that. Everyone, hang onto your old computers, DVD players, TV cards and sets, etc., for as long as possible.

Doubtful considering most electronics are made overseas, we will be buying imports online until they (RIAA/MPAA) use that as justification to shutdown the net.

Ofcourse I doubt this bill with make it through into law considering how much hatred the RIAA/MPAA/Hollywood has been giving the Republican party, especially President Bush.

40 posted on 12/20/2005 3:59:59 PM PST by Paul C. Jesup
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To: JoJo Gunn
"We have so much power and never use it, and the older I get the more convinced I am that "human intelligence" doesn't actually exist."

It is rather disheartening isn't it?

41 posted on 12/20/2005 7:23:34 PM PST by Hillarys nightmare (So Proud to be living in "Jesus Land" ! Don't you wish everyone did?)
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To: Hillarys nightmare

Yeah, it is.

For many years I've railed against the Napster types, and what did being an honest man get me? Companies that are antagonistic to their loyal and law abiding customers don't deserve the sweat off our....

As of this moment, I'll never again say a word against file sharing.


42 posted on 12/20/2005 9:09:33 PM PST by JoJo Gunn (Help control the Leftist population. Have them spayed or neutered. ©)
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