The post points to broadcast flag draft legislation sponsored by Senator Gordon Smith (R-Ore.) that contains provisions which appear to limit digital broadcast media reception devices to "customary historic use of broadcast content by consumers to the extent such use is consistent with applicable law and that prevents redistribution of copyrighted content over digital networks."

It is being widely alleged that Gordon Smith has been influenced by the $250,000 the National Association of Broadcasters gave to his party last year.

It is imperative that the Senate not pass laws that halt innovation. Just because these things can be nocked down in the courts does not mean they do not pose a serious risk. This is exactly the type of thing that stops innovation by making investors unwilling to take risk in companies and individuals working on new ideas. We have not reached the place we need to be yet in the digital content space. Legislation such as this will not help our progress, it will stop it dead in its tracks.

Oddly, I was not able to find any information about this bill in Thomas.

Big Content would like to outlaw things no one has even thought of yet