[Cross-posted from
Dump Mike]
Congressman Mike Ferguson introduced a bill in Congress yesterday which will make it impossible for you to record a radio show and play it back later on your iPod or other music device. The bill essentially forces manufacturers to implement features on satellite, high-definition and regular radios that allow broadcasters to block consumers from recording shows.
Rep. Mike Ferguson, R., N.J., will introduce the "Audio Broadcast Flag Licensing Act of 2006" on Thursday (March 2). The bill includes an HD radio component and a satellite radio component, according to staffers in Ferguson's office, who spoke to Billboard Radio Monitor on condition of anonymity.
The HD component requires any private company that plans to manufacture an HD radio must incorporate technology in that radio that works with a broadcast audio flag "or something similar." The satellite component imposes similar audio-flag requirements on equipment manufactured for both XM Satellite Radio and Sirius Satellite Radio.
Back in the 1970s when VCRs were first gaining popularity the film and TV industries screamed and yelled that they would destroy their ability to make money, and movies would suffer. That threat never materialized, and now when you want to record a movie or sporting event to watch at a more convenient time you can.
Ferguson, apparently, doesn't like that idea for radio. He wants to let the Recording Industry Artists Association (RIAA) decide when you will listen to radio shows instead of letting you make that decision for yourself. That's why the RIAA endorsed the bill. They say it is necessary as "technological developments make it easier for consumers to capture and retain digital-quality audio without paying a fee for the content."
But that is just a smokescreen. We have had tape recorders for generations that people could record radio shows on and play them back in their car or on a WalkMan as they exercised. People used to trade Howard Stern tapes and that increased his popularity.
The RIAA wants to restrict your ability to record shows to no more than 30 minutes, and only if you actaully press the buttons to record the individual show. Additionally, they want to forbid you from editing any recordings you make to pick out the parts you want to listen to and avoid the commercials, offensive content and songs or guests you don't like.
The fact is that people who want to profit illegally by recording songs off the radio and selling or file-sharing them somehow can easily do it no matter what technology is put in their way. These people are unscrupulous and willing to violate the law to profit.
But the people like the residents of the 7th district who just want to record Imus in the Morning, Free Beer and Hotwings, Rush Limbaugh, Howard Stern or WPLJ and listen to it at their convenience will not be able to. This is a bill targeted directly at everyday consumers that will have no impact on the criminals who are intentionally breaking the law.
Contact Mike Ferguson's and tell him that stifling technological innovation and consumer freedom is the wrong way to go. Ask him to pull this bill immediately.
You can reach Ferguson at (908) 757-7835 (NJ) or (202) 225-5361 (DC) or write to him on his website. Please be courteous to the folks who answer.
You can send letters to the Courier News at letters@c-n.com, the Home News Tribune at letters@thnt.com, the Star Ledger at eletters@starledger.com, or the New York Times at letters@nytimes.com.
[Learn more about Mike Ferguson's positions on Consumer Issues]