Posted May 6, 2005.

Appeals Court Shoots Holes in FCC’s Broadcast Flag Rule

The U.S. Court of Appeals for the District of Columbia has overturned a Federal Communications Commission rule designed to prevent the redistribution of digital television programs over the internet. A three-judge panel determined May 6 that the FCC exceeded its authority in requiring a so-called “broadcast flag”—copy-protection code embedded in the signal that would restrict copies from being shared or played on other machines—on digital TV tuners beginning in July, Reuters reported May 6.

The American Library Association and other advocacy groups filed suit against the FCC in March 2004, arguing that the regulation would place too many restrictions on fair use by libraries and consumers and would curb interoperability between playback devices. The FCC rule was backed by the Motion Picture Association of America.

The judges found nothing in the “words of the Communications Act of 1934, its legislative history, subsequent legislation, relevant case law, and Commission practice” that permits the FCC—without further congressional legislation—“to control how broadcast content is used after it is received.”

Posted May 6, 2005.