Friday, May 6, 2005
The District of Columbia Court of Appeals has just ruled that the FCC "exceeded the scope of its delegated authority" in promulgating the controversial Flag Order in the case of American Library Association v. Federal Communications Commission. This new regulation would have allowed the use of technology to prevent the "unauthorized copying and redistribution of digital media"., a feature very much desired by the motion picture industry but opposed by some consumer groups. The court examined the agency's grant of jurisdiction under the Communications Act of 1934 and related statutes and determined that it did not have sufficient authority to enact the regulation under review. Read the court's decision here.