These days many new information and communication technologies (ICTs) are based on digitisation and networking (Flew, 2002, p.156). This means that traditional forms of copyright protection and intellectual property laws can no longer be applied in this digital environment (Flew, 2002, p.156). This is because of the unique characteristics of networked information and the online environment, in that they are intangible and geographically liberated (Flew, forthcoming in 2005, p.11). Hence, the Consumer Broadband and Digital Television Promotion Act (CBDTPA) was proposed in the United States on March 21, 2002 (Hollings’ Office, 2002, p.1).
This Act was sponsored by the chairman of the United States Senate Commerce Committee, Senator Ernest Hollings (Hollings’ Office, 2002, p.1) and is a revision of the Security Systems and Standards Certification Act (SSSCA). The CBDTPA is designed to promote high speed growth of broadband and the transition to digital television in the United States by regulating and ensuring the security of trademarked content, especially in music and movies (DRM Watch, 2002). Furthermore, the Act is to be implemented and enforced by federal regulations to also protect digital content (Hollings’ Office, 2002, p.1).
The CBDTPA, although a slight improvement of the SSSCA, has still retained a lot of criticism by the media, computer users and manufacturers (DRM Watch, 2002). This is because the CBDTPA is seen as a protectionist legislation that shelters the media industry at the expense of the technology industry (DRM Watch, 2002). As described by DRM Watch (2002), this legislation puts “media technology products in the same category as weapons and chemicals�. However, more specifically the CBDTPA requires that digital risk management (DRM) technology be built into all existing and future devices and services that render, copy or transmit digital media to ensure digital content security (DRM Watch, 2002). This not only includes devices such as personal computers, handheld devices and set-top boxes but internet services as well (DRM Watch, 2002). In addition, the CBDTPA is to provide for the development of technological protection measures in the private sector (Hollings’ Office, 2002, p.1).
This regulation and those alike, illustrate that it is necessary to continue developing prevailing intellectual property rights as the internet and other digital networks further develop themselves (Flew, 2002, p.158). These developments in technology challenge the traditional legal structures of copyright and intellectual property infringements, of which dates back to the Statute of Anne. However, although this may well better protect creators in this new digital, networked environment, this shift will also no doubt create negative impacts on free expression, universal access, participatory democracy and open commerce, all of which characterises the Internet (Flew, 2002, p.159). Therefore, the argument that the enforcement of intellectual property and copyright rights has the potential to disrupt the Internet itself has made for criticisms towards the CBDTPA and other similar regulations protecting digital content, like the Digital Millennium Copyright Act (DMCA).
DRM Watch (2002) “The Consumer Broadband and Digital Television Promotion Act (CBDTPA),� retrieved October 16, 2004, from http://www.giantstepsmts.com/DRM%20Watch/cbdtpa.htm.
Flew, T. (2002) New Media: An Introduction, South Melbourne: Oxford University Press, ISBN 0195508599.
Flew, T. (forthcoming in 2005) “Internet Law and Policy�, in T. Flew New Media: An Introduction, 2nd ed., South Melbourne: Oxford University Press.
Hollings’ Office (2002) “107th Congress 2d Session S. 2048,� retrieved October 1, 2004, from http://www.eff.org/IP/SSSCA_CBDTPA/20020321_s2048_cbdtpa_bill.pdf.
Wagner, J. (2003, May 3) “Hollings To Introduce Own Broadband Bill,� xSP, retrieved October 16, 2004, from http://www.internetnews.com/xSP/article.php/1033881.
Weena Tan 13:54, 22 Oct 2004 (EST)
