[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4569 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4569

   To require certain analog conversion devices to preserve digital 
                       content security measures.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2005

    Mr. Sensenbrenner (for himself and Mr. Conyers) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To require certain analog conversion devices to preserve digital 
                       content security measures.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Digital Transition Content Security 
Act of 2005''.

          TITLE I--REQUIREMENTS FOR ANALOG CONVERSION DEVICES

SEC. 101. PROHIBITIONS.

    No person shall--
            (1) manufacture, import, offer to the public, provide or 
        otherwise traffic in any--
                    (A) analog video input device that converts into 
                digital form an analog video signal that is received in 
                a covered format, or an analog video signal in a 
                covered format that is read from a prerecorded medium, 
                unless any portions of that device that are designed to 
                access, record, or pass the content of the analog video 
                signal within that device--
                            (i) detect and respond to the rights 
                        signaling system with respect to a particular 
                        work by conforming the copying and 
                        redistributing of that work to the information 
                        contained in the rights signaling system for 
                        that work in accordance with the compliance 
                        rules set forth in section 201 and the 
                        robustness rules referred to in section 202; 
                        and
                            (ii) pass through or properly reinsert and 
                        update the CGMS-A portion of the rights 
                        signaling system or coding and data pertaining 
                        to CGMS-A, and pass through the VEIL portion of 
                        the rights signaling system, in accordance with 
                        such compliance rules and robustness rules; or
                    (B) analog video input device that does not convert 
                into digital form an analog video signal that is 
                received by that device in a covered format, or an 
                analog video signal in a covered format that is read 
                from a prerecorded medium, unless that device--
                            (i) preserves, passes through, or properly 
                        reinserts the CGMS-A portion of the rights 
                        signaling system or coding and data pertaining 
                        to CGMS-A, and passes through the VEIL portion 
                        of the rights signaling system, in accordance 
                        with the compliance rules set forth in section 
                        201 and the robustness rules referred to in 
                        section 202;
                            (ii) outputs the analog video signal in a 
                        covered format; or
            (2) manufacture, import, offer to the public, provide, or 
        otherwise traffic in any technology, product, service, device, 
        component, or part thereof, that--
                    (A) is primarily designed or produced for the 
                purpose of modifying or causing an analog video input 
                device to no longer conform to the requirements set 
                forth in paragraph (1);
                    (B) has only limited commercially significant 
                purpose or use other than to modify or cause an analog 
                video input device to no longer conform to the 
                requirements set forth in paragraph (1); or
                    (C) is marketed by that person or another acting in 
                concert with that person with that person's knowledge 
                for use in modifying or causing an analog video input 
                device to no longer conform to the requirements set 
                forth in paragraph (1).

SEC. 102. EXCEPTIONS.

    Section 101 shall not apply to a particular product or device 
that--
            (1) was legally manufactured and sold as new before the 
        effective date of this title and is subsequently offered for 
        sale or otherwise trafficked in, if such product or device has 
        not been modified, after such effective date, so that the 
        product, if in compliance with section 101 before the 
        modification, is configured so that the product or device is no 
        longer in compliance with that section; or
            (2) is a device capable solely of displaying programs and 
        cannot be upgraded or readily modified so as to incorporate 
        transmission, redistribution, or recording capabilities.

SEC. 103. ENCODING RULES.

    No person shall encode a program, or cause a program to be encoded, 
using the rights signaling system, unless such encoding meets the 
following requirements:
            (1) The rights signaling system may be encoded so as to 
        prevent or limit copying, redistribution, or both, of 
        prerecorded media, video-on-demand, pay-per-view, subscription-
        on-demand, and undefined business models that are comparable to 
        any such defined business model.
            (2) The rights signaling system--
                    (A) may not be encoded so as to prevent first 
                generation of copies permitted under title II of pay 
                television transmissions, non-premium subscription 
                television, free conditional access delivery, and 
                undefined business models that are comparable to any 
                such defined business model; but
                    (B) may be encoded so as to prevent or limit 
                further copying or redistribution, or both, of any 
                defined business model or comparable undefined business 
                model referred to in subparagraph (A).
            (3) The rights signaling system--
                    (A) may not be encoded so as to numerically limit 
                copying as permitted under title II of a non-
                conditional access broadcast transmission and undefined 
                business models that are comparable to a non-
                conditional access broadcast transmission; but
                    (B) may be encoded so as to prevent redistribution 
                of any such non-conditional access broadcast 
                transmission and comparable undefined business models.
            (4)(A) During the 12-month period beginning on the 
        effective date set forth in section 109, the VEIL portion of 
        the rights signaling system may only be encoded in program 
        formats described in paragraph (1).
            (B) After the end of that 12-month period, the VEIL portion 
        of the rights signaling system may be encoded in any program 
        format, except that, in any case in which a person encodes a 
        program or causes a program to be encoded with the VEIL portion 
        of the rights signaling system, that person shall also encode 
        the program or cause the program to be encoded with the CGMS-A 
        portion of the rights signaling system.

SEC. 104. TRANSMISSION OF RIGHTS SIGNALING SYSTEM.

    Any person making a transmission of a live event or an audiovisual 
work protected by copyright shall, upon the request of an owner or 
authorized licensee of the live event or copyrighted work, include in 
its transmission the rights signaling system for the transmission and 
shall not, without the authorization of such owner or licensee, 
deactivate or alter the rights signaling system. The rights signaling 
system shall be applied in accordance with the request, but in no case 
with encoding restrictions in addition to those required by section 
103.

SEC. 105. IMPROVEMENTS TO VEIL.

    (a) Adoption of Improvements to Veil.--If, upon the petition of any 
interested party, the Director of the Patent and Trademark Office 
determines that the VEIL portion of the rights signaling system has 
become materially ineffective in a way that cannot be adequately 
remedied by existing technical flexibility in the embedding function of 
the VEIL portion of the rights signaling system, then the Director may 
by rule adopt commercially reasonable improvements to the detection 
function of the VEIL portion of the rights signaling system in order to 
maintain the functionality of the rights signaling system under this 
Act. Any such improvements shall be limited to adjustments or upgrades 
solely to the same underlying VEIL technology of the existing rights 
signaling system. The Director shall conduct the rulemaking proceeding 
under this subsection on an expedited basis.
    (b) Participants.--In a rulemaking conducted under subsection (a), 
the Director of the Patent and Trademark Office shall encourage 
representatives of the film industry, the broadcast, cable, and 
satellite industry, the information technology industry, and the 
consumer electronics industry to negotiate in good faith in an effort 
to reach agreement on the commercially reasonable improvements to the 
detection function of the VEIL portion of the rights signaling system 
to be adopted in the rule. The Director shall ensure that such 
negotiation process is open and public and that all potentially 
affected parties are invited to participate in the process through 
public notice. The Director shall cause any agreement for which there 
is substantial consensus of the parties on all material points to be 
published and shall take such agreement into account in any final rule 
adopted.
    (c) Factors.--
            (1) In general.--In determining whether or not to adopt 
        commercially reasonable improvements to the detection function 
        of the VEIL portion of the rights signaling system, including 
        an agreement of the parties as described in subsection (b), the 
        Director of the Patent and Trademark Office shall consider the 
        impact on content owners, content distributors, consumers, 
        manufacturers, and competition generally in all affected 
        markets resulting from the failure to adopt such improvements, 
        as well as from the adoption of such improvements. As part of 
        the determination, the Director shall examine--
                    (A) the licensing terms under which improvements 
                would be licensed, ensuring that the licensing terms 
                will impose no materially greater burdens than those 
                terms already established for the VEIL portion of the 
                rights signaling system;
                    (B) the intellectual property rights implicated by 
                the improvements; and
                    (C) the effect of the improvements on 
                interoperability of consumer audiovisual products 
                (including consumer electronic and information 
                technology products capable of receiving, displaying, 
                or recording programs).
            (2) Disclosure of intellectual property rights.--The 
        Director of the Patent and Trademark Office shall require those 
        parties participating or filing comments in the process of 
        making a determination under this section to disclose any 
        material intellectual property rights in improvements under 
        consideration.
            (3) Timetable for implementation.--The Director of the 
        Patent and Trademark Office shall determine the appropriate 
        timetable for implementation of any improvements adopted under 
        this section, giving due consideration to the generally 
        accepted manufacturing cycle of 18 months in a case involving 
        improvements that require material changes to the design or 
        implementation of detectors.
            (4) Petitions for reconsideration.--After issuing a final 
        rule under this section, the Director of the Patent and 
        Trademark Office shall permit and consider petitions for 
        reconsideration of the rule that are filed.

SEC. 106. CIVIL REMEDIES.

    (a) Civil Actions.--Any person injured by a violation of section 
101 may bring a civil action in an appropriate United States district 
court on account of such violation.
    (b) Powers of the Court.--In an action brought under subsection 
(a), the court--
            (1) may grant temporary and permanent injunctions on such 
        terms as it deems reasonable to prevent or restrain the 
        violation of section 101;
            (2) at any time while an action is pending, may order the 
        impounding, on such terms as it deems reasonable, of any device 
        or product that is in the custody or control of the alleged 
        violator and that the court has reasonable cause to believe was 
        involved in the violation;
            (3) may award damages under subsection (c);
            (4) in its discretion may allow the recovery of costs by or 
        against any party other than the United States or an officer 
        thereof;
            (5) in its discretion may award reasonable attorney's fees 
        to the prevailing party; and
            (6) may, as part of a final judgment or decree finding a 
        violation, order the remedial modification or the destruction 
        of any device or product involved in the violation that is in 
        the custody or control of the violator or has been impounded 
        under paragraph (2).
    (c) Award of Damages.--
            (1) In general.--Except as otherwise provided in this 
        title, a person committing a violation of section 101 is liable 
        for either--
                    (A) the actual damages and any additional profits 
                of the violator, as provided in paragraph (2); or
                    (B) statutory damages, as provided in paragraph 
                (3).
            (2) Actual damages.--The court shall award to the 
        complaining party the actual damages suffered by the party as a 
        result of the violation, and any profits of the violator that 
        are attributable to the violation and are not taken into 
        account in computing the actual damages, if the complaining 
        party elects such damages at any time before final judgment is 
        entered.
            (3) Statutory damages.--At any time before final judgment 
        is entered, a complaining party may elect to recover an award 
        of statutory damages for each violation of section 101 in the 
        sum of not less than $200 or more than $2,500 per device, 
        product, component, offer, or performance of service, as the 
        court considers just.
            (4) Repeated violations.--In any case in which the injured 
        party sustains the burden of proving, and the court finds, that 
        a person has violated section 101 within three years after a 
        final judgment was entered against the person for another such 
        violation, the court may increase the award of damages up to 
        triple the amount that would otherwise be awarded, as the court 
        considers just.
            (5) Innocent violations.--
                    (A) In general.--The court in its discretion may 
                reduce or remit the total award of damages in any case 
                in which the violator sustains the burden of proving, 
                and the court finds, that the violator was not aware 
                and had no reason to believe that its acts constituted 
                a violation.
                    (B) Nonprofit library, archives, educational 
                institutions, or public broadcasting entities.--
                            (i) In general.--In the case of a nonprofit 
                        library, archives, educational institution, or 
                        public broadcasting entity, the court shall 
                        remit damages in any case in which the library, 
                        archives, educational institution, or public 
                        broadcasting entity sustains the burden of 
                        proving, and the court finds, that the library, 
                        archives, educational institution, or public 
                        broadcasting entity was not aware and had no 
                        reason to believe that its acts constituted a 
                        violation.
                            (ii) Definition.--In this subparagraph, the 
                        term ``public broadcasting entity'' has the 
                        meaning given that term in section 118(g) of 
                        title 17, United States Code.

SEC. 107. CRIMINAL OFFENSES AND PENALTIES.

    (a) In General.--Any person who violates section 101 willfully and 
for purposes of commercial advantage or private financial gain--
            (1) shall be fined not more than $500,000 or imprisoned for 
        not more than 5 years, or both, for the first offense; and
            (2) shall be fined not more than $1,000,000 or imprisoned 
        for not more than 10 years, or both, for any subsequent 
        offense.
    (b) Limitation for Nonprofit Library, Archives, Educational 
Institution, or Public Broadcasting Entity.--Subsection (a) shall not 
apply to a nonprofit library, archives, educational institution, or 
public broadcasting entity (as defined in section 118(g) of title 17, 
United States Code).
    (c) Statute of Limitations.--A criminal proceeding under this 
section shall be barred unless such proceeding is commenced within 5 
years after the cause of action arises.

SEC. 108. DEFINITIONS.

    In this title:
            (1) Analog video input device.--The term ``analog video 
        input device'' means a hardware device, other than a 
        professional device, and any associated firmware or software, 
        that is designed--
                    (A) to receive an analog video signal in a covered 
                format or to read an analog signal in a covered format 
                from a prerecorded medium; and
                    (B) to record or digitize such signal, or to alter 
                such signal in a way that affects the state or passage 
                of the rights signaling system if present in such 
                signal.
            (2) Commercial advertising messages.--The term ``commercial 
        advertising messages'' means, with respect to any service, 
        program, or schedule or group of programs, commercial 
        advertising messages other than--
                    (A) advertising relating to the service itself or 
                the programming contained therein; or
                    (B) advertising which is displayed concurrently 
                with the display of any part of any such program, 
                including station identification logos, frames, and 
                banners.
            (3) Comparable.--The term ``comparable'' means, when used 
        in connection with a defined business model and an undefined 
        business model, that the undefined business model approximates 
        the defined business model more closely than it approximates 
        any other defined business model.
            (4) Compliance rules.--The term ``compliance rules'' means 
        the rules provided for in section 201.
            (5) Conditional access delivery.--The term ``conditional 
        access delivery''--
                    (A) means any delivery, whether analog or digital, 
                of a service, program, or schedule or group of programs 
                by means of any technology that controls access to the 
                delivery; and
                    (B) does not include a transmission or 
                retransmission of an over-the-air television broadcast.
            (6) Covered format.--The term ``covered format'' means any 
        analog video format for which the rights signaling system is 
        specified, if such specification is certified by the Director 
        of the Patent and Trademark Office under section 202.
            (7) Defined business model.--The term ``defined business 
        model'' means prerecorded media, video-on-demand, pay-per view, 
        pay television transmission, subscription-on-demand, non-
        premium subscription television, free conditional access 
        delivery, or non-conditional access broadcast transmission.
            (8) Free conditional access delivery.--The term ``free 
        conditional access delivery'' means a conditional access 
        delivery for which viewers are not charged any fee, other than 
        government-mandated fees, for the reception or viewing of the 
        programming contained in the delivery.
            (9) Non-conditional access broadcast transmission.--The 
        term ``non-conditional access broadcast transmission'' means a 
        broadcast transmission, including an over-the-air transmission 
        for reception by the general public using radio frequencies 
        allocated for that purpose, whether analog or digital, that is 
        not subject to a technology that controls access to the 
        transmission.
            (10) Non-premium subscription television.--The term ``non-
        premium subscription television'' means an analog or digital 
        delivery of a service, or schedule or group of programs, 
        including those which may be offered for sale together with 
        other services, for which subscribers are charged a 
        subscription fee for the reception or viewing of the 
        programming contained in the delivery, other than pay 
        television and subscription-on-demand.
            (11) Pay-per-view.--(A) The term ``pay-per-view''--
                    (i) means an analog or digital delivery of an 
                individual program or specified group of programs in a 
                case in which--
                            (I) such individual program, or each 
                        individual program of the group of programs, is 
                        generally uninterrupted by commercial 
                        advertising messages; and
                            (II) recipients are charged a separate fee 
                        for each such program or specified group of 
                        programs; and
                    (ii) includes delivery of a single program 
                described in clause (i) for which multiple start times 
                are made available at time intervals which are less 
                than the running time of the program as a whole.
            (B) If a delivery qualifies both as pay-per-view and a pay 
        television transmission, then the delivery shall be deemed, for 
        purposes of this title, to be pay-per-view rather than a pay 
        television transmission.
            (12) Pay television transmission.--(A) The term ``pay 
        television transmission'' means an analog or digital 
        transmission of a service or schedule of programs, in a case in 
        which--
                    (i) each individual program of the service or 
                schedule of programs is generally uninterrupted by 
                commercial advertising messages; and
                    (ii) subscribing viewers are charged a periodic 
                subscription fee for the service or schedule of 
                programs, such as on a monthly basis, for the reception 
                of the programming delivered by the service, whether 
                separately or together with other services or 
                programming, during the viewing period covered by the 
                fee.
            (B) If a delivery qualifies both as a pay television 
        transmission and pay per view, video-on-demand, or 
        subscription-on-demand, then the delivery shall be deemed, for 
        purposes of this title, to be pay-per-view, video-on-demand or 
        subscription-on-demand rather than a pay television 
        transmission.
            (13) Prerecorded medium.--The term ``prerecorded medium'' 
        means the delivery of one or more programs, in prerecorded 
        form, whether in analog or digital format, on a packaged 
        medium, such as a VHS tape or DVD disc, or on another optical 
        medium or storage device.
            (14) Professional device.--(A) The term ``professional 
        device'' means a device that is designed, manufactured, 
        marketed, and intended for use by a person who regularly 
        employs such a device for lawful business or industrial 
        purposes, such as making, performing, displaying, distributing, 
        or transmitting copies of audiovisual works on a commercial 
        scale at the request of, or with the explicit permission of, 
        the copyright owner.
            (B) If a device is marketed to or is commonly purchased by 
        persons other than those described in subparagraph (A), then 
        such device shall not be considered to be a ``professional 
        device''.
            (15) Program.--The term ``program'' means an audiovisual 
        work, in analog or digital format, as defined in section 101 of 
        title 17, United States Code, that is offered for transmission, 
        delivery, or distribution, either generally or on demand, to 
        subscribers, purchasers, or the public at large, or otherwise 
        for commercial purposes.
            (16) Redistribution.--The term ``redistribution''--
                    (A) means the movement of video content beyond the 
                home or similar local environment; and
                    (B) does not include the secure movement of video 
                content within any of the rooms or areas within a 
                consumer's primary residence, or within and among 
                locations such as a consumer's car, boat, recreational 
                vehicle, or secondary residence.
            (17) Rights signaling system.--
                    (A) Rights signaling system.--The term ``rights 
                signaling system'' means CGMS-A, (``CGMS-A'') 
                supplemented by VEIL.
                    (B) CGMS-A.--The term ``CGMS-A'' means Content 
                Generation Management System-Analog.
                    (C) VEIL.--The term ``VEIL'' means Video Encoded 
                Invisible Light technology.
            (18) Robustness rules.--The term ``robustness rules'' means 
        the minimum robustness requirements established under section 
        202.
            (19) Subscription-on-demand.--(A) The term ``subscription-
        on-demand'' means the delivery of an individual program or a 
        specified group of programs, in a case in which--
                    (i) a subscriber is able, at his or her discretion, 
                to select the time for beginning the exhibition of the 
                program or group of programs;
                    (ii) such individual program, or each individual 
                program of the group of programs, is generally 
                uninterrupted by commercial advertising messages; and
                    (iii) subscribing viewers are charged a periodic 
                subscription fee for the reception of such programming 
                during the viewing period covered by the fee.
            (B) If a delivery of a program qualifies both as a pay 
        television transmission and subscription-on-demand, then the 
        delivery shall be deemed, for purposes of this title, to be 
        subscription-on-demand rather than a pay television 
        transmission.
            (20) Undefined business model.--The term ``undefined 
        business model'' means the transmission, delivery, or 
        distribution of a program or programs that is not a defined 
        business model.
            (21) Video-on-demand.--(A) term ``video-on-demand'' means a 
        delivery of an individual program or a specified group of 
        programs in a case in which--
                    (i) such individual program, or each individual 
                program of the group of program, is generally 
                uninterrupted by commercial advertising messages;
                    (ii) recipients are charged a separate fee for such 
                individual program or specified group of programs; and
                    (iii) a recipient is able, at his or her 
                discretion, to select the time for beginning the of 
                exhibition of such individual program or specified 
                group of programs.
            (B) If a delivery qualifies as both video-on-demand and a 
        pay television transmission, then the delivery shall be deemed, 
        for purposes of this title, to be video-on-demand.

SEC. 109. EFFECTIVE DATE.

    This Act shall take effect 12 months after the date of the 
enactment of this Act.

                     TITLE II--COMPLIANCE STANDARDS

SEC. 201. COMPLIANCE RULES.

    (a) Detecting.--Any analog video input device subject to section 
101(1) that receives an analog video signal through transmission from a 
source external to that device or by reading a recording of such signal 
from a prerecorded medium--
            (1) shall detect or cause to be detected the presence of 
        the rights signaling system in the analog video signal; and
            (2) if the rights signaling system is present in the analog 
        video signal--
                    (A) shall determine, or cause to be determined, 
                based on information conveyed by the rights signaling 
                system, whether the content contained in such analog 
                video signal is copy unlimited no redistribution 
                content, copy one generation content, or copy 
                prohibited content, in accordance with Table W; and
                    (B) shall abide by the relevant recording, output, 
                and passing rules set forth in subsections (b), (c), 
                and (d).
    (b) Recording.--
            (1) Copy prohibited content.--An analog video input device 
        shall not record or cause the recording of copy prohibited 
        content in digital form, including retention and deletion on a 
        frame-by-frame, minute-by-minute, or megabyte-by-megabyte 
        basis, unless--
                    (A) the copy prohibited content is retained for a 
                period of not more than 90 minutes from initial receipt 
                of each unit of such content using a bound recording 
                method; and
                    (B) such content is destroyed or otherwise rendered 
                unusable no later than the end of that 90-minute 
                period.
            (2) Copy one generation and copy unlimited no 
        redistribution content.--An analog video input device shall not 
        record or cause the recording of copy one generation content or 
        copy unlimited no redistribution content in digital form, other 
        than--
                    (A) using an authorized recording method in 
                accordance with any requirements established under 
                section 202(1); or
                    (B) using a bound recording method, in which case 
                Copy One Generation Content so recorded becomes Copy 
                Prohibited Content with respect to that device.
            (3) Transitory image.--The requirements under paragraphs 
        (1) and (2) do not prohibit temporary storage of data for the 
        sole purpose of enabling a function not prohibited by those 
        requirements, if such stored data--
                    (A) is not maintained in the manner described in 
                section 512(a)(4) of title 17, United States Code, 
                after that function has been performed; and
                    (B) is not stored in a way that permits copying or 
                redistribution of such data for other purposes.
    (c) Outputs.--
            (1) Analog outputs.--An analog video input device shall not 
        pass, or direct to be passed, copy prohibited content, copy one 
        generation content, or copy unlimited no redistribution content 
        to an analog output except--
                    (A) as an analog video signal that is passed with--
                            (i) in the case of copy prohibited content, 
                        the rights signaling system encoding indicating 
                        ``no copying is permitted'';
                            (ii) in the case of copy one generation 
                        content, the rights signaling system encoding 
                        indicating ``one generation of copies may be 
                        made''; or
                            (iii) in the case of copy unlimited no 
                        redistribution content, the rights signaling 
                        system encoding indicating ``copy control 
                        restrictions not asserted but redistribution of 
                        the work is intended to be limited''; or
                    (B) if such device is incorporated into a computer 
                product, to a VGA output or to a similar output that 
                was widely commercially available as of May 1, 2001, 
                and that carries uncompressed video signals with a 
                resolution less than or equal to a constrained image to 
                a computer monitor.
            (2) Digital outputs.--An analog video input device shall 
        not pass, or direct to be passed, copy prohibited content, copy 
        one generation content, or copy unlimited no redistribution 
        content to a digital output except--
                    (A) to an output protected by an authorized digital 
                output method in accordance with any requirements 
                established under section 202(1); or
                    (B) for the purpose of making a recording (in 
                accordance with paragraph (1) or (2) of subsection (c), 
                if such such content is protected, including during 
                transmission, by the corresponding authorized recording 
                method.
    (d) Passing Via Other Than an Output (Add-in Devices).--An analog 
video input device that passes copy prohibited content, copy one 
generation content, or copy unlimited no redistribution content from 
that analog video input device to another product, other than through 
an output in accordance with subsection (d), shall so pass such content 
protected in accordance with the minimum robustness requirements 
established under section 202.

SEC. 202. IMPLEMENTING REGULATIONS.

    Not later than 120 days after the date of the enactment of this 
Act, the Director of the Patent and Trademark Office, in consultation 
with the Register of Copyrights, shall adopt regulations to establish--
            (1) minimum robustness requirements to ensure the content 
        security preservation requirements set forth in section 201 are 
        implemented in a reasonable manner so that such requirements 
        cannot be defeated or circumvented by the use of generally 
        available tools or equipment, and can only with difficulty be 
        defeated or circumvented by use of professional tools or 
        equipment;
            (2) a list of certified analog video signals that typically 
        carry copyrighted video content and are a covered format under 
        this Act;
            (3) a list of certified digital content rights protection 
        output and home networking connection technologies that 
        effectively implement the analog hole rights signaling system 
        detection and content protection responses set forth in Table 
        W;
            (4) a list of certified digital content rights protection 
        recording technologies that effectively implement the analog 
        hole rights signaling system detection and content protection 
        responses set forth in Table W;
            (5) criteria and procedural rules to govern additions to 
        and removal from the lists established under paragraphs (2), 
        (3), and (4); and
            (6) arbitration rules necessary for purposes of resolving 
        disputes arising under paragraph (3) and disputes concerning 
        comparable undefined business models under section 103.

SEC. 203. DEFINITIONS.

    (a) In General.--In this title:
            (1) Analog video signal.--The term ``analog video signal'' 
        means a signal conforming to one of the certified analog signal 
        formats on the list established under section 202(2).
            (2) Authorized digital output method.--The term 
        ``authorized digital output method'' means an output method on 
        the list certified by the Director of the Patent and Trademark 
        Office under section 202(3), as such list may be amended from 
        time to time in accordance with the procedures established 
        under section 202(5).
            (3) Authorized recording method.--The term ``authorized 
        recording method'' means a recording method on the list 
        certified by the Director of the Patent and Trademark Office 
        under section 202(4), as such list may be amended from time to 
        time in accordance with the procedures established under 
        section 202(5).
            (4) Bound recoding method.--The term ``bound recording 
        method'' means a method for recording content that effectively 
        and uniquely associates such recording with a single analog 
        video input device (using a cryptographic protocol or other 
        effective means) so that such recording cannot be accessed in 
        usable form by another product (except where the content of 
        such recording is passed to another product by an authorized 
        digital output method).
            (5) Computer product.--The term ``computer product'' means 
        a device that is designed for or permits the end user to 
        install a wide variety of commercially available software 
        applications thereon, such as a personal computer, handheld 
        ``personal digital assistant'', and similar products, and 
        further includes a subsystem of such a product, such as a 
        graphics card.
            (6) Constrained image.--The term ``constrained image'' 
        means an image that--
                    (A) has the visual equivalent of no more than--
                            (i) 350,000 pixels per frame (e.g. an image 
                        with resolution of 720 x 480 pixels for a 4:3 
                        (non-square pixel) aspect ratio); and
                            (ii) 30 frames per second;
                    (B) may be attained by reducing resolution, such as 
                by discarding, dithering, or averaging pixels to obtain 
                the specified value; and
                    (C) can be displayed using video processing 
                techniques such as line doubling or sharpening to 
                improve the perceived quality of the image.
            (7) Copy unlimited no redistribution content.--The term 
        ``copy unlimited no redistribution content'' means, with 
        respect to an analog video input device--
                    (A) the content of an analog video signal received 
                by that device through transmission from a source 
                external to that device, or by reading of the signal 
                from a prerecorded medium, with a rights signaling 
                system encoding indicating ``copy control restrictions 
                not asserted but redistribution of the work is intended 
                to be limited'', as defined in Table W; or
                    (B) the result of combining content with any 
                content other than copy one generation content or copy 
                prohibited content.
            (8) Copy one generation content.--The term ``copy one 
        generation content'' means, with respect to an analog video 
        input device--
                    (A) the content of an analog video signal received 
                by that device through transmission from a source 
                external to that device, or by reading of that signal 
                from a prerecorded medium, with a rights signaling 
                system encoding indicating ``one generation of copies 
                may be made'', as defined in Table W; or
                    (B) the result of combining content described in 
                subparagraph (A) with any content other than copy 
                prohibited content.
            (9) Copy prohibited content.--The term ``copy prohibited 
        content'' means, with respect to an analog video input device--
                    (A) the content of an analog video signal received 
                by such device through transmission from a source 
                external to that device, or by reading of such signal 
                from a prerecorded medium with a rights signaling 
                system encoding indicating ``no copying is permitted'', 
                as defined in Table W;
                    (B) content received by that device as copy one 
                generation content that has been recorded using a bound 
                recording method in accordance with section 
                201(b)(2)(B); or
                    (C) the result of combining content described in 
                subparagraph (A) or (B) with any other content.
            (10) Table w.--The term ``Table W'' means the following 
        table:


              TABLE W--Analog Hole Rights Signaling System Detection & Content Protection Response
----------------------------------------------------------------------------------------------------------------
                                  (Step 2) RCI State
                                       Detected
              (Step 1) CGMS-A      (redistribution       (Step 3) VEIL     Rights Assertion    Technical Content
               State Detected     control bit to be        Detected           Description         Protection
                                 detected with CGMS-                                               Response
                                          A)
----------------------------------------------------------------------------------------------------------------
1.........  Not Present          Not Present          No                  No copy or          No Technical
                                                                           redistribution      Protection
                                                                           control is being    Applied
                                                                           asserted
2.........  Not Present          Not Present          Yes                 INCONSISTENT        VIEW ONLY--Protect
                                                                           STATE*-- Rights     as Copy
                                                                           are being           Prohibited
                                                                           asserted so the     Content
                                                                           CGMS-A and RCI
                                                                           must have been
                                                                           stripped.
3.........  (0,0) Copy Control   Not Present          No                  No Copy or          No Technical
             Not Asserted                                                  redistribution      Protection
                                                                           control is being    Applied
                                                                           asserted
4.........  (0,0) Copy Control   Not Present          Yes                 INCONSISTENT        VIEW ONLY--Protect
             Not Asserted                                                  STATE*--Rights      as Copy
                                                                           are being           Prohibited
                                                                           asserted so the     Content
                                                                           CGMS-A was
                                                                           probably tampered
                                                                           and/or the RCI
                                                                           was probably
                                                                           stripped.
5.........  Not Present          (0) Redistribution   No                  It appears that no  No Technical
                                  Control Not                              copy or             Protection
                                  Asserted                                 redistribution      Applied
                                                                           control is being
                                                                           asserted
6.........  Not Present          (0) Redistribution   Yes                 INCONSISTENT        VIEW ONLY--Protect
                                  Control Not                              STATE*--Rights      as Copy
                                  Asserted                                 are being           Prohibited
                                                                           asserted so the     Content
                                                                           CGMS-A and/or RCI
                                                                           were probably
                                                                           stripped or
                                                                           tampered.
7.........  (0,0) Copy Control   (0) Redistribution   Yes                 INCONSISTENT        VIEW ONLY--Protect
             Not Asserted         Control Not                              STATE*--Rights      as Copy
                                  Asserted                                 are being           Prohibited
                                                                           asserted so the     Content
                                                                           CGMS-A and/or RCI
                                                                           were probably
                                                                           tampered.
8.........  (0,0) Copy Control   (1) Redistribution   Detection           No numeric copy      Protect as Copy
             Not Asserted         Control Asserted     Unnecessary         control is being    Unlimited No
                                                                           asserted but        Redistribution
                                                                           redistribution      Content
                                                                           control is being
                                                                           asserted
9.........  Not Present          (1) Redistribution   Detection           It appears that no  Protect as Copy
                                  Control Asserted     Unnecessary         numeric copy        Unlimited No
                                                                           control is being    Redistribution
                                                                           asserted but        Content
                                                                           redistribution
                                                                           control is being
                                                                           asserted
10........  (1,0) Copy One       Detection            Detection           Numeric copy        Protect as Copy
             Generation           Unnecessary          Unnecessary         control is being    One Generation
                                                                           asserted and        Content
                                                                           redistribution
                                                                           control is
                                                                           implied by CGMS-A
                                                                           state
11........  (0,1) Copy No More   Detection            Detection           Numeric copy        VIEW ONLY--Protect
                                  Unnecessary          Unnecessary         control is being    as Copy
                                                                           asserted and        Prohibited
                                                                           redistribution      Content
                                                                           control is
                                                                           implied by CGMS-A
                                                                           state
12........  (1,1) Copy Never     Detection            Detection           Numeric copy        VIEW ONLY--Protect
                                  Unnecessary          Unnecessary         control is being    as Copy
                                                                           asserted and        Prohibited
                                                                           redistribution      Content
                                                                           control is
                                                                           implied by CGMS-A
                                                                           state
----------------------------------------------------------------------------------------------------------------

    (b) Other Definitions.--The definitions in section 108 apply to 
this title.
                                 <all>