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Re: [Discuss-gnuradio] Broadcast flag: FCC and MPAA Response Briefs

From: James S. Tyre
Subject: Re: [Discuss-gnuradio] Broadcast flag: FCC and MPAA Response Briefs
Date: Fri, 06 May 2005 08:14:02 -0700

"In sum, because the rules promulgated by the Flag Order
regulate demodulator products after the transmission of a DTV
broadcast is complete, these regulations exceed the scope of
authority Congress delegated to the FCC. And because the
Commission can only issue regulations on subjects over which
it has been delegated authority by Congress, the rules adopted
by the Flag Order are invalid at the threshold jurisdictional

American Library Association v. FCC, No. 04-1037b, D.C. Cir Court of Appeals, May 6, 2005

At 04:12 PM 4/13/2005 -0700, John Gilmore wrote:
The American Library Association, EFF, and others challenged the FCC's
authority to regulate equipment beyond the receive tuner, in its broadcast
flag ruling.  (The "flag" order requires that the tuner not provide
its signal to equipment that would let consumers simply record the signal.)

The court issued a letter questioning ALA's and EFF's standing to
challenge the order.  Standing is a legal doctrine that controls who
is permitted to file suits; you have to be affected and not just
be a bystander.  EFF and ALA submitted a brief and declarations that
detail how we and our members are affected and have standing.

FCC's and MPAA's responses just came in; here they are, courtesy of
EFF attorney and DTV Liberation Front organizer Wendy Seltzer:


Some of the earlier documents are here:


More background is here:



James S. Tyre                                      address@hidden
Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
Co-founder, The Censorware Project             http://censorware.net
Policy Fellow, Electronic Frontier Foundation     http://www.eff.org

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