Friday, May 06, 2005
Broadcast Flag taken down
Taps as the flag comes down the flagpole.
From today's decision (pdf) by the Court of Appeals:
Cory Doctorow says:
From today's decision (pdf) by the Court of Appeals:
and
The result that we reach in this case finds support in the All Channel Receiver Act of 1962 and the Communications Amendments Act of 1982. These two statutory enactments confirm that Congress never conferred authority on the FCC to regulate consumers’ use of television receiver apparatus after the completion of broadcast transmissions.
In this case, all relevant materials concerning the FCC’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 FCC 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.
Cory Doctorow says:
. . . over the next year, we're all going to roast any lawmaker who so much as breathes the words "Broadcast Flag" in a favorable tone.My question: Why only a year?
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