I recently observed the National Association of Broadcasters criticizing Major League Baseball and Netflix for placing sports content behind paywalls. This critique is a notable contradiction when considering the broadcast industry’s current efforts to encrypt public airwaves. While broadcasters claim to be the center of community connection by delivering free games to millions, their recent actions suggest a shift toward a business model more closely resembling the streaming platforms they criticize – including locking down over the air content with DRM.
In my latest video, we take a look at whether or not DRM actually works in stopping piracy. Spoiler alert: it doesn’t – in fact there’s strong evidence to suggest it actually increases piracy.
In my home state of Connecticut, for instance, broadcast TV fees for cable subscribers have risen from $8 in 2018 to over $48 per month today. This cost exceeds a standard Netflix subscription and reflects the price consumers are paying for access to local stations via cable. While an antenna remains a traditional method for receiving these signals at no cost, the industry is moving toward a new standard known as NextGen TV. This transition involves digital rights management, or DRM, which requires consumers to purchase specific high-end televisions or expensive external (and barely functional) tuning boxes. This shift also restricts the use of gateway devices that currently allow viewers to watch over-the-air television on various screens throughout their homes.
I find the current trajectory of the broadcast industry mirrors the mistakes made by the music industry two decades ago. During the early 2000s, record labels were on the ropes with a huge decline in revenue as consumers desired digital music that simply wasn’t available. Eventually the labels were strong-armed into selling music online but insisted on DRM to restrict how and where consumers could play purchased music. This lack of interoperability led many consumers to favor piracy for its convenience. It was only after the industry moved toward DRM-free audio that its financial health improved. Today, the music industry sees record revenues because it no longer restricts the devices or platforms consumers use to listen to their products.
Research supports the idea that restrictive encryption often backfires. A 2003 study conducted by HP in partnership with MIT concluded that DRM features were not effective at combating piracy. The researchers noted that content must eventually be converted into an unprotected form, such as sound waves or light, to be consumed—a vulnerability often called the analog hole which is easily exploited. Furthermore, data from the University of Toronto in 2013 showed that removing DRM led to a 10% increase in music sales and a 30% increase for back-catalog items. A 2010 study from Seoul National University similarly found that the inconveniences of DRM reduced legal demand and increased piracy.
The broadcast industry’s current approach to DRM lacks ubiquity. At present, the encryption used for NextGen TV only functions on Android-based devices, leaving users of Roku, Apple TVs, PCs, iPhones, iPads and Xbox devices unable to decode the content. This is a significant departure from successful platforms like Netflix or Spotify, which ensure their encrypted content works across nearly every available device. By narrowing the range of compatible hardware, broadcasters risk alienating their remaining audience.
The Federal Communications Commission is currently weighing the implementation of these encryption standards. I believe it is important for the public to communicate the potential inconveniences of this technology to their congressional representatives. While the industry highlights the technical benefits of the new standard, the restrictive nature of the accompanying encryption is often omitted from the conversation.
The historical data from the music industry suggests that when legal access becomes more difficult than the alternative, the industry itself suffers the most. The outcome of the current deliberations at the FCC will determine whether broadcast television remains a broadly accessible public resource or becomes a more restricted and hardware-dependent medium.









