The Register | FCC ‘crosses the line’ with broadcast flag – court
The US Federal Communications Commission (FCC) overstepped its authority by requiring devices capable of receiving digital TV broadcasts to recognize data called a ‘broadcast flag’ that can prevent copying, a federal judge has said.

US Circuit Judge Harry Edwards told the FCC that it had “crossed the line” when it required DRM technology to be included in all DTV devices on sale in the USA from 1 July. This would include TVs, set top boxes, PC tuner cards, VCRs, DVD players, and similar devices.

The FCC argued that its ancillary powers authorize it to regulate the reception of broadcasts, not just their transmission. While Congress did not authorize the Commission to regulate the proper designs of the devices, it also didn’t expressly forbid it, which FCC takes as a license to issue specifications.

“Ancillary does not mean you get to rule the world,” judge Edwards observed.

Judge David Sentelle wondered if FCC thought it could regulate washing machines, since Congress didn’t expressly forbid that, either.

Warms the cockles of my heart, it does.

Where is that dusty old document… Ah, there it is:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Seems pretty clear to me.

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