"In sum, because the rules promulgated by the Flag Order regulate demodulator products after the transmission of a DTV broadcast is complete, these regulations exceed the scope of authority Congress delegated to the FCC. And because the Commission can only issue regulations on subjects over which it has been delegated authority by Congress, the rules adopted by the Flag Order are invalid at the threshold jurisdictional inquiry."
American Library Association v. FCC, No. 04-1037b, D.C. Cir Court of Appeals, May 6, 2005
http://pacer.cadc.uscourts.gov/docs/common/opinions/200505/04-1037b.pdf
At 04:12 PM 4/13/2005 -0700, John Gilmore wrote:
The American Library Association, EFF, and others challenged the FCC's authority to regulate equipment beyond the receive tuner, in its broadcast flag ruling. (The "flag" order requires that the tuner not provide its signal to equipment that would let consumers simply record the signal.)
The court issued a letter questioning ALA's and EFF's standing to challenge the order. Standing is a legal doctrine that controls who is permitted to file suits; you have to be affected and not just be a bystander. EFF and ALA submitted a brief and declarations that detail how we and our members are affected and have standing.
FCC's and MPAA's responses just came in; here they are, courtesy of EFF attorney and DTV Liberation Front organizer Wendy Seltzer:
http://wendy.seltzer.org/media/fcc-flag-supp.pdf http://wendy.seltzer.org/media/mpaa-flag-supp.pdf
Some of the earlier documents are here:
http://www.publicknowledge.org/issues/bfcase
More background is here:
http://www.eff.org/IP/Video/HDTV/
John
-------------------------------------------------------------------- James S. Tyre [EMAIL PROTECTED] Law Offices of James S. Tyre 310-839-4114/310-839-4602(fax) 10736 Jefferson Blvd., #512 Culver City, CA 90230-4969 Co-founder, The Censorware Project http://censorware.net Policy Fellow, Electronic Frontier Foundation http://www.eff.org
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