Tuesday, February 22, 2005
The FCC Can't Rule the World (or Take Your Broadcast Flag and Shove It)
As D-day for the odious broadcast flag approaches, the D.C. Circuit took oral arguments today in a challenge to the compatibility requirements by the EFF and other consumer groups. Although they expressed doubts about the challengers' standing, the judges left little doubt how they felt about the broadcast flag requirement. Said Judge Edwards: "Ancillary does not mean you get to rule the world. ... You've gone too far. ... Are washing machines next?" Added Judge Sentelle: "You can't regulate washing machines. You can't rule the world." Thank goodness for this bulwark of justice, the D.C. Circuit, bravely protecting our washing machines. Because we all know that regulating the washing machines is the first step to world domination. Anyway, so far so good. We'll have to see what happens with the standing issue though...
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2 comments:
Someone in the slashdot discussion pointed out a law student's blog that has a more detailed description of the arguments. The briefs of the two sides are also available at the EFF link above.
I haven't really looked into this issue much, but it is worth noting that Judge Sentelle would throw his own grandmother out of court on standing.
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