Victory in Broadcast Flag Case! FCC Has No Authority Says Court: Corante > The Importance of… >

May 6, 2005 | Intellectual Property | By: Mark VandeWettering

In a two-fer that illustrates that all is right with the world, the A’s managed to beat the Yankees 6-3 in the 10th by mashing on Mariano Rivera, and the DC Circuit Court of Appeals unanimously struck down laws which enabled the FCC to mandate the Broadcast Flag. They found that the reasoning of the FCC (that they had broad powers in areas previously unregulated) was extraordinary and unconstitutional. The court found that any powers granted to the FCC had to be explicitly conferred by Congress.

Good one.

To reinforce the idea that the not everything is right with the world, it seems like national ID cards are going to happen because the Real ID Act legislation was attached to an appropriations bill for operations in Iraq. Sigh.

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