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Return of the broadcast flag

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Phoenix

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Less than a week after a federal appeals court nixed the Federal Communications Commission's plan to forcibly implant anti-copying technology into digital TV tuners, Hollywood appears to be turning to Congress for some legislative aid.

Advocacy group Public Knowledge, which sued to challenge the FCC's broadcast flag, says it has obtained a copy of the Motion Picture Association of America's draft legislation.

The draft bill says, simply, that the FCC will "have authority to adopt regulations governing digital television apparatus necessary to control the indiscriminate redistribution of digital television broadcast content over digital networks." The District of Columbia Circuit nixed the flag on the grounds that the FCC didn't have the authority. This language would clear that up.

There's no word yet on what the MPAA has to say, but it's fair to say that this kind of legislative response was inevitable.

The main thing holding Congress back right now is that everyone's waiting for what the U.S. Supreme Court will decide in the Grokster case. The loser in that lawsuit will ask politicians for help, and that legislation (the thinking goes) would be a good opportunity to address digital TV copy-prevention techniques as well.


Posted by Declan McCullagh


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Those lobbyists in Congress are at it again - the MPAA on a second front is moving to get the FCC the legal backing it needs to enforce the broadcast flag. Who didn't see this coming? Our current Congress has pretty much been rubber stamping everything coming from major lobbyists groups of late so I'd be surprise if they didn't toss this one in their and leave it to the judicial branch to sort it out as the legislative branch isn't about protecting people anymore.
 

Phoenix

Member
Ecrofirt said:
what does this mean exactly?

MPAA is pushing Congress to give the FCC legal authority to legislate the broadcast flag. The FCC was recently bitch slapped down by the DC Supreme Court about the flag because they didn't have legal authority to mandate the broadcast flag.
 
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