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U.S. Court of Appeals Denies FCC Jurisdiction Over "Broadcast Flag" Technology
The U.S. Court of Appeals for the District of Columbia Circuit unanimously ruled on May 6 that the Federal Communications Commission did not have the authority to regulate the manufacture of computer and video hardware intended to limit unauthorized Internet redistribution of over-the-air TV broadcasts. The decision squashed FCC regulations adopted in November 2003 requiring TV technology to include copy protection technology known as the "broadcast flag".
The Court held that the regulations exceeded the authority delegated to the FCC under the Communications Act of 1934. The three-judge panel unanimously concluded that "[t]he FCC has no authority to regulate consumer electronic devices that can be used for receipt of wire and radio communication when those devices are not engaged in the process of radio or wire transmission".
The decision represents a setback for the Motion Picture Association of America, who had intervened in the proceedings in favour of the regulations. The decision clearly indicates that this issue will have to be settled by Congress.
For a copy of the decision, visit: