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Appeals court says FCC has overstepped its authority

23 February 2005 8:30 by James "Dela" Delahunty | 2 comments

The U.S. Court of Appeals for the D.C. Circuit said that regulators have overstepped their authority by imposing a rule they say would limit TV piracy on the Internet. "You crossed the line," Judge Harry Edwards told a lawyer for the Federal Communications Commission (FCC) during arguments before a three-judge panel. "Selling televisions is not what the FCC is in the business of," Edwards said. The decision sides with critics who claim rule dictates how computers and other devices should operate.

Under the FCC rule, manufacturers of TV sets and other devices would have to build in systems to recognise a "broadcast flag" that would tell the device when content has to be protected against unauthorized copying. The rule stated that all new devices must contain such a system by July 1st this year. Critics claim that if the FCC rule was to go ahead, it could set a bad precedent by allowing broadcasters to dictate how computers and other devices should be built.

However, the judges also questioned about whether the American Library Association and other opponents had legal standing to challenge the rule in court so it's unclear whether the court will decide to would strike down the FCC's 2003 rule.

Source:
ABC

Permalink to this article | Topic: Lawsuits & Legislation

Circuit City challenges FCC authority for DTV related fines (14 May 2008)

Apartment owners appeal FCC decision banning exclusive cable contracts (24 January 2008)

Canadian ISP admits limiting P2P traffic (5 November 2007)

GAO blasts FCC for anti-consumer bias (4 October 2007)

U.S. Senator tries to sneak 'Broadcast Flag' into law (3 May 2006)

Appeals court says no to broadcast flag (7 May 2005)

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Discuss this article!
daemonzx6 (Senior Member) 23 February 2005 16:01
The courts are doing some good. When the FCC starts controlling things out of their jurisdiction, it will just be too much and I will be in the market for a new country to live in. [ + quote]
sssharp (Junior Member) 25 February 2005 11:22
If its the way i understand, many people with kids will be upset. Children will watch the same cartoon 50 times. Does the FCC want people to just by that dvd of Scooby Doo 10 times so their kids will be happy. This is just one more complaint they have for supposedly losing millions every year. [ + quote]