Friday, May 06, 2005

FCC Has No Authority to Mandate "Broadcast Flag": DC Circuit

Big news. Big decision. Analysis to come -- but here's the link to Ernest Miller's coverage (hat tip to Instapundit): Victory in Broadcast Flag Case! FCC Has No Authority Says Court. Go to his article. Here's the heart of the DC Circuit decision:
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.

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