The V-Chip for PCs, the FCC, and broadcasting on the Net

[Declan McCullagh <declan@well.com>]

My original article on the VChip for PCs:
  http://cgi.pathfinder.com/netly/opinion/0,1042,1528,00.html

-Declan

**********

Date:         Fri, 14 Nov 1997 10:37:34 -0800
From: Robert Cannon <cannon@DC.NET>
Subject:      Re: VCHIP (was Son of CDA)

>>> David Lesher <wb8foz@NRK.COM> 11/14/97 09:37am >>>
Cassidy Sehgal sez:
>>
>> The FCC proceedings currently on the mandatory inclusion of the V-Chip
>> in televisions also refer to including the chip in personal computers. I
>> think that is the back door the administration and groups like CDT are
>> looking for to censor the net.
>
>If I recall correctly, that was an interpretation by a reporter
>and has been revised...
>


The interpretation of the proceeding is correct.  There has been no
revision.  There have been quotes in the press from FCC officials
stating VCHIP does not apply to PCs because PCs cant display broadcast.
This is inaccurate.

Here is the language from the rulemaking itself:

<SNIP>

Para. 22:   Other Television Receiving Apparatus. . . . In addition,
personal computer systems, which are not traditionally thought of as
television receivers, are already being sold with the capability to view
television and other video programming. Section 551(c) of the
Telecommunications Act makes it clear that the program blocking
requirements were intended to apply to any "apparatus designed to
receive television signals" that has a picture screen of 13 inches or
larger. Accordingly, we believe that the program blocking requirements
we are
proposing should apply to any television receiver meeting the screen
size requirements, regardless of whether it is designed to
receive video programming that is distributed only through cable
television systems, MDS, DBS, or by some other distribution
system. These requirements would also apply to any computer that is sold
with TV receiver capability and a monitor that has a
viewable picture size of 13 inches or larger, as we currently do for
closed captioning.

<END SNIP>

First, there have been a series of articles lately on technical
developments for computers.  There is the expectancy that soon all PC's
will be able to receive and display broadcast signals.  W3C is
developing a standard for the display of broadcast over the Internet.
So, if all future PC's can display broadcast, they fall under the
provisions of para 22.  See Spec to bring TV-like content to Net C|NET
November 6, 1997; W3C Issues First Public Draft of Synchronized
Multimedia Integration Language (SMIL): Key Industry Players and
Research
Organisations Team-Up to Merge the Web with Television (Nov 6, 1997);
Changing Channels: Will the Internet Become TV, PC Magazine (November
1997).

Second, if they fall under para. 22, then the VCHIP would be required to
block the transmission, whatever the source.  Para 22 states that the
VCHIP will block "video programming that is distributed . . . by some
other distribution system."  Arguably, the Internet falls under "some
other distribution system.

Final thought, if you think this analysis is wrong, make sure you file
comments with the FCC by November 24 at vchip@fcc.gov telling them so.
Make sure the FCC understands this issue the way you think it should be
understood.

-Robert Cannon
Internet Telecommunications Project
http://www.cais.net/cannon/