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Links: EFF et al. File Suit to Stop Broadcast Flag
Posted by James Grimmelmann on Friday, March 12 @ 15:39:57 EST Telecommunications
The EFF and a coalition of library and consumer groups have filed suit in federal court to block the FCC's broadcast mandate. The complaint will raise a fairly-standard set of administrative law claims:
  • The FCC wasn't authorized by Congress to implement the broadcast flag.
  • Even if Congress authorized it, the anti-copying provisions of the mandate exceed what the Copyright Clause allows Congress to authorize.
  • The rulemaking record lacked "substantial evidence" to justify the FCC's decsion.
  • The FCC was "arbitrary and capricious" in its decision.
(The last two phrasings don't say much about the case itself yet: if the FCC were being sued by movie companies who wanted an even stronger mandate, they'd also claim that the FCC's actions were "arbitrary and capricious" and not supported by "substantial evidence." They're just how you complain about an agency that you think did something dumb.)
 
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