The prior comment seems unclear on the broadcast flag concept. There is no need to remove the flag (even assuming it qualifies for protection under 1202). In the absence of a mandate, device makers remain free to make technologies that simply ignore the flag, as they are entitled to under 1201(c)(3) (even assuming the broadcast flag regime otherwise qualifed for protection under 1201). Ignoring the flag cannot give rise to liability under 1202.