[DMCA-Activists] FCC Faces Suit on Regulation of DigitalBroadcast Television

[Seth Johnson]

(Forwarded from Interesting People list)

-------- Original Message --------
Subject: [IP] FCC Faces Suit on Regulation of DigitalBroadcast Television
Date: Wed, 10 Mar 2004 17:04:56 -0500
From: Dave Farber <address@hidden>
Reply-To: address@hidden
To: address@hidden


Electronic Frontier Foundation Media Release

FCC Faces Suit on Regulation of Digital Broadcast Television

Electronic Frontier Foundation Joins Other Organizations Opposing FCC Action

For Immediate Release: Tuesday, March 9, 2004
<http://www.eff.org/IP/Video/HDTV/20040309_eff_pr.php>

Washington, D.C. - The Electronic Frontier Foundation (EFF) joined five
library associations, Public Knowledge, the Consumer Federation of America,
and the Consumers Union in suing the Federal Communications Commission (FCC)
last week to block overbroad regulation of next-generation televisions and
related devices.

"The FCC's digital broadcast television mandate is a step in the wrong
direction because it would make digital television cost more and do less,
undermining innovation, fair use, and competition," said EFF Senior
Intellectual Property Attorney Fred von Lohmann, "The FCC overstepped its
bounds, unduly restricting consumers and manufacturers when it issued its
broadcast flag ruling."

The Federal Communications Commission (FCC) ruled on November 4, 2003, that
consumer devices capable of receiving broadcast digital television (DTV)
signals must implement content control technologies demanded by the
entertainment industry to restrict consumer uses of digital television. Left
unchallenged, the "broadcast flag" mandate would go into effect by July 1,
2005.

The lawsuit, called ALA v. FCC, was filed in the Court of Appeals in
Washington, D.C., and charges that the FCC exceeded its jurisdiction, acted
in an arbitrary and capricious manner, and failed to point to substantial
evidence in adopting a broadcast flag mandate.

The FCC has asked the court to put the lawsuit on hold, pending the FCC's
decision on petitions to reconsider the broadcast flag mandate, although all
of the petitions address unrelated matters. The coalition of organizations
opposed in court the FCC's attempt to postpone the lawsuit.

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