[Discuss-gnuradio] FCC TAC commentary on GNU Radio

[Eric Blossom]

The following commentary on GNU Radio is from the FCC Technical
Advisory Council II, Seventh Meeting Report.

The complete report and cover letter can be found at
http://www.gnu.org/software/gnuradio/policy/TAC-II-Cover-7.pdf
http://www.gnu.org/software/gnuradio/policy/TAC-II-Report-7.pdf

[snip]

The emergence of the low-cost, generally available SDR which can be
configured with free, modifiable, open software will present a new
issue for regulators. What will be placed in the hands of the public
entrepreneurs, amateurs, and even those with malicious intent will be
machines which in principal can emulate, send, and receive any radio
signal on any band. Of course, it was always possible for an
individual to build an illegal radio, but this new technology
represents a quantum change in this situation. Any person will be able
to buy a general purpose SDR in the same way that any other peripheral
for a home computer (like a printer) can be obtained. Then, with the
world-wide availability of software that can even be modified if
needed, any radio transmitter or receiver can be emulated. Bans on
receiver types will be circumventable with ease. Mandates such as the
proposed ATSC broadcast flag will be hard to enforce (and may even
fail in the presence of a single web-connected noncompliant
receiver). And, although not generally an issue for the Commission, it
will be possible to implement proprietary systems without the benefit
of any license from the patent holder. Because the software is open,
as a practical matter virtually all mandated restrictions will be at
risk (except for total power output which remains a classical hardware
issue). Unlike illegal or infringing hardware, software (which could
be considered a type constitutionally protected speech) can easily be
distributed to millions worldwide for application on commodity
SDRs. It brings into question what activities could actually be
restrained by a certification procedure for SDR transmitters. We need
to assume that a smart and motivated software hacker will be able to
defeat any limiting control. All of this brings up legal and political
problems relative to the rights and obligations of the hardware and
software builders (and users) which are probably beyond the purview of
the TAC. This emerging issue, however, should fall into the category
of a classic heads -up message to the Commission from the technology
front. In the GNU SDR environment, we have the makings of a powerful
new technology that has the potential of solving the spectrum
management problem, but we may also have other people in the world
writing and distributing software with their own agenda.

Some of the issues described are not unique to this situation. If a
person has the instrumentality to design something that the government
says is illegal, then they have a personal choice as to whether or not
to use it and risk the penalty if caught. But one major problem here
relates to the legal responsibilities of the producer of the general
purpose hardware and software. If it decided that these producers are
liable if their work product is easily repurposed to an illegal
function even though many legitimate uses are intended, then this will
act as an enormous obstacle to innovation.