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Public interest groups that filed a suit against the FCC over the...

Public interest groups that filed a suit against the FCC over the broadcast flag (CD Feb 4 p4) intend to raise 4 main issues. In a filing to the U.S. Appeals Court, D.C., they said the judges should rule…

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on whether the Commission had: (1) Exceeded its authority by imposing content redistribution control regulations on equipment manufacturers. (2) 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) Gathered substantial evidence to support its decision to prescribe the broadcast flag and make other findings. (4) 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 making the challenge include Consumers Union, Consumer Federation of America, Electronic Frontier Foundation, Public Knowledge and the American Library Assn.