ALA Wins Lawsuit Against Broadcast Flag, Judges Decide FCC Overreached.

The Federal Communications Commission (FCC) was handed a serious blow
in it’s attempt to demand that all new computers and televisions (and other
consumer electronics) include copy protection hardware that would control
via a ‘broadcast flag’ that could be embedded in transmitted data as to
whether or not the end user could copy the received material.

Judge Harry T. Edwards gave the FCC some very
clear language to live by:

“In this case, all relevant materials concerning the F.C.C.’s
jurisdiction – including the words of the Communications Act of 1934, its
legislative history, subsequent legislation, relevant case law, and commission
practice-confirm that the F.C.C. has no authority to regulate consumer
electronic devices that can be used for receipt of wire or radio communication
when those devices are not engaged in the process of radio or wire transmission,”
Judge Edwards wrote. “And the agency’s strained and implausible interpretations
of the definitional provisions of the Communications Act of 1934 do not
lend credence to its position. As the Supreme Court has reminded us, Congress
‘does not … hide elephants in mouse holes.”

An appeal is possible.

Articles: BusinessWeek
NYTimes
PCWorld
WashingtonPost
Wired

Google: <American
Library Association v. Federal Communications Commission
>