Court Rejects FCC Digital Antipiracy Rules

Law360, New York (May 7, 2005, 12:00 AM EDT) -- In a surprising decision, a federal appeals court has overturned Federal Communications Commission rules requiring antipiracy technology in digital television sets.

The U.S. Court of Appeals for the D.C. Circuit ruled Friday that the FCC did not have the authority to prohibit the manufacture of computer and video hardware that doesn't have copy protection technology known as the "broadcast flag."

“The broadcast flag regulations exceed the agency's delegated authority under the statute,” a three-judge panel unanimously concluded. “The FCC has no authority to regulate consumer electronic...
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