Friday, February 25, 2005

The Register - FCC 'crosses the line' with broadcast flag

The Register - FCC 'crosses the line' with broadcast flag:
"The FCC argued that its ancillary powers authorize it to regulate the reception of broadcasts, not just their transmission. While Congress did not authorize the Commission to regulate the proper designs of the devices, it also didn't expressly forbid it, which FCC takes as a license to issue specifications.

'Ancillary does not mean you get to rule the world,' judge Edwards observed.

Judge David Sentelle wondered if FCC thought it could regulate washing machines, since Congress didn't expressly forbid that, either."