Dianne Feinstein on the Broadcast Flag: Idiot or liar?

Senator Dianne Feinstein wrote back to constituents who complained about the Broadcast Flag with this amazing, disingenuous note:

Thank you for writing to me about the digital broadcast flag. I appreciate hearing from you.

I feel strongly that we must prevent the theft of copyrighted works, and that includes digital television (DTV) programming. As we move forward in the digital age, it is increasingly easy for unauthorized copies of copyrighted works to be made and illegally distributed. Over-the-air digital content is the easiest to pirate.

As we contemplate the use of new technologies to protect copyrighted works, we must pay careful attention to ensure that a balance is struck between competitive protections and individual consumer interests. It is important to allow for the continued fair use of copyrighted material, even while we seek to stop unauthorized reproductions from being illegally distributed outside the home and over the Internet.

Again, thank you for writing. Please know that as the Senate considers legislation of the broadcast flag, I will be sure to keep your views in mind. If you should have any questions, please feel free to contact my Washington, DC staff at [phone].

Practically every sentence in this letter is a lie:

As we move forward in the digital age, it is increasingly easy for unauthorized copies of copyrighted works to be made and illegally distributed.

Lie: Steps needed to put analog-broadcast video on your computer: 1. Install capture card; 2. Press record. Steps needed to put digital-broadcast video on your computer: 1. Install capture card; 2. Press record.

It is important to allow for the continued fair use of copyrighted material

Lie: TiVo's TiVoToGo service -- designed to comply with the broadcast flag -- limited the number of devices you could watch your recorded videos on to a set number. Nothing about fair use says that n devices is permissible, but n + 1 isn't. TiVoToGo was one of the more permissive services -- systems like 5C and 4C have no consideration for fair use (for example, you can't tell a 5C device that you need to the ability edit a show that you plan on using in connection with criticism or classroom use).

even while we seek to stop unauthorized reproductions from being illegally distributed outside the home and over the Internet.

Lie: because the broadcast flag does not restrict analog outputs, there is nothing about the broadcast flag that prevents Internet redistribution of digital television (steps needed to put broadcast flag content on the Internet: 1. Connect tuner to PC via analog cables; 2. Press record.)

This leaves us with only one question: is DiFi stupid, or is she a liar? Either way, Feinstein should be ashamed of herself. (Thanks, Mark!)

Update: Erik sez, "The TV/music/movies sector is the 4th highest contributor to her campaign, with lawyers being number 1 (two bad tastes that go great together!). Maybe that's why Feinstein is so willing to disregard the opinion of 2600 of her constituents and toe the MPAA's line."