Broadcast Flag

Professor Susan Crawford of Cardozo tells us that It's Just As Important as Grokster:

The broadcast flag argument is coming up on February 22. It's a crucial case. Did the FCC have jurisdiction to enter the broadcast flag order in November 2003? If it didn't, we'll need to go to Congress to discuss all this.

Here's her paper discussing this. It explores the application of complex systems theory to internet governance.

Public Knowledge has provided some additional details:

1. The argument for the case, No. 04-1037, will be at 9:30 a.m. in the fifth floor courtroom of the U.S. Appeals Court, in the Federal Courthouse at 333 Constitution Ave., N.W. (Near the Judiciary Square Red Line Metro stop). We are the only oral argument scheduled for that day, so I expect it will start on time.

2. The lawyer arguing the case for those challenging the FCC rule, including PK, will be Pantelis Michalopoulos, a partner in the law firm of Steptoe and Johnson. The judges will be Harry T. Edwards, David B. Sentelle and Judith W. Rogers.

3. Those challenging the FCC rule are: Public Knowledge, American Library Association, Association of Research Libraries, American Association of Law Libraries, Medical Library Association, Special Libraries Association, Consumer Federation of America, Consumers Union and Electronic Frontier Foundation.