03 November 2005 Dear Mr. Chairman: I write on behalf of the Institute of Electrical and Electronics Engineers-United States of America (IEEE-USA) concerning proposals to expand the authority of the Federal Communications Commission to regulate certain devices used after broadcast content had been transmitted. As you know, the Circuit Court for the District of Columbia recently vacated FCC broadcast-flag digital-television regulations that would require not just the devices used to receive a broadcast signal, but a wide range of electronic devices – including general purpose computers and digital video recorders – to conform to these regulations. IEEE-USA is concerned that efforts to increase the scope of FCC regulatory authority to mandate features for so wide a range of devices would materially impact technological innovation. IEEE-USA recognizes the importance
of protecting digital content. At the same time, IEEE-USA recognizes the
social, scientific, and economic value of open architectures such as those
of the personal computer, the public-switched telephone system, and the
Internet. To that end IEEE-USA believes that federal agencies should not
regulate the manufacture of technologies by imposing digital rights
management in the absence of compelling and concrete evidence. In
particular, IEEE-USA believes that it is premature to give the FCC broad
authority to implement regulations such as the IEEE-USA urges that the Congress, before approving what many technologists regard as a conceptually flawed approach to television content protection, should first hold hearings and investigate the nature and scope of the problem. We urge the Congress to focus on particular public concerns, if any, to craft as narrow a legislative authorization as may be necessary to resolve them. IEEE-USA is concerned that broad authorization can fundamentally change the role of the Commission and hinder American competitiveness. IEEE-USA stands ready to assist the Congress with expertise in technical and engineering matters to shed light on the various approaches that might be taken and their consequences. IEEE-USA is an organizational unit of the IEEE, created in 1973 to advance the public good and promote the careers and public-policy interests of the more than 220,000 technology professionals who are U.S. members of the IEEE. The IEEE is the world's largest technical professional society. For more information, go to www.ieeeusa.org. If we can be of any assistance, please contact Erica Wissolik at +1 202 530 8347 or e . wissolik @ ieee . org. Sincerely, Gerard A. Alphonse
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