Broadcast flag "crossed the line" of the FCC's power
A US appeals court said the FCC did not have the power to force device manufacturers to respect the broadcast flag. This is a good thing. The problem is the way the argument is shaped. He basically said that Congress hadn't given the FCC the power to regulate devices just the broadcast spectrum. It's similar to when a judge said that FTC didn't have the power to make the Do Not Call list. What happened about two seconds after that? Congress explicitly granted the FTC the rights it needed to make the Do Not Call list. What's gonna happen now? Well, my guess is Congress will specifically authorize the FCC to regulate devices, and well, fair use will be dead, big media will continue it's monopoly on content, and Big Brother will be that much closer.
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