From Issue #4 | By Tom LeBlanc , Rachel Cericola

11/04 — When our founding fathers framed the United States Constitution, they guaranteed certain unalienable rights. Among those, apparently, is the right to send copies of recorded television shows over the Internet.

At the end of this past summer, federal regulators approved technology, which allows TiVo subscribers to perform such acts. The idea was opposed by some that believe it will lead to a Napster-like mass redistribution of movies and games. But in its unanimous decision, the Federal Communications Commission (FCC) said there are enough protections already in place to prevent that.

The new technology would allow a TiVo subscriber to download recorded broadcasts to their computer and then send copies of those shows to different locations. But it’s not designed for those looking to pirate episodes of The Sopranos and American Idol. “TiVo's technology would not allow indiscriminate redistribution and only allows subscribers to transfer programming from one TiVo box to another TiVo box or PC/laptop that is registered to the same subscriber,” says Kathryn Kelly, senior manager of public relations for TiVo. “You cannot send programming to any device that is not registered to the same account.”

But despite what TiVo and lawmakers have said, the technology has still drawn fire from the Motion Picture Association of America (MPAA), the National Football League (NFL) and Major League Baseball. Not to worry. “We intend to work in conjunction with all parties, including content providers, to develop services that give consumers flexibility while protecting content creators,” Kelly says.

The technology that TiVo asked the FCC to consider recognizes the “broadcast flag,” which the agency approved in late 2003. The flag is embedded in TV programs, indicating that the program must be protected from unauthorized redistribution. It also tells DVD recorders and other devices to encrypt shows when recording to prevent distribution over the Internet.

This certification will provide TiVo the opportunity to develop innovative technologies that provide consumers more ways to enjoy digital content. Other digital video recording (DVR) services, such as ReplayTV are expected to also include some type technology, similar to the broadcast flag, to help protect digital content.

At press time, the MPAA had appealed the decision, but no further information was available. —Tom LeBlanc & Rachel Cericola