A coalition of consumer groups plans to raise 4 main issues in it...
A coalition of consumer groups plans to raise 4 main issues in its suit against the FCC over the broadcast flag (CED Feb 4 p2). In a filing to the U.S. Appeals Court, D.C., the groups said the judges…
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would be asked to rule whether: (1)The FCC exceeded its authority by imposing content redistribution control regulations on equipment manufacturers. (2)The Commission exceeded its jurisdiction by establishing a regulatory scheme that restricts the copying of copyrighted content, though the Commission doesn’t have such authority under copyright laws. (3)The Commission’s decision to prescribe the broadcast flag and other findings were supported by substantial evidence. (4)The Commission acted arbitrarily and capriciously in violation of the Administrative Procedure Act in concluding the broadcast flag was an appropriate method of digital TV broadcast content protection. The groups involved in the challenge include Consumers Union, Consumer Federation of America, Electronic Frontier Foundation, Public Knowledge, and the American Library Assn., among others.