FCC Faces Suit on Regulation of Digital Broadcast Television

[Gregg Lengling]

Electronic Frontier Foundation Media Release
FCC Faces Suit on Regulation of Digital Broadcast Television
Electronic Frontier Foundation Joins Other Organizations Opposing FCC Action
For Immediate Release: Tuesday, March 9, 2004
Washington, D.C. - The Electronic Frontier Foundation (EFF) joined five library associations, Public Knowledge, the Consumer Federation of America, and the Consumers Union in suing the Federal Communications Commission (FCC) last week to block overbroad regulation of next-generation televisions and related devices.

"The FCC's digital broadcast television mandate is a step in the wrong direction because it would make digital television cost more and do less, undermining innovation, fair use, and competition," said EFF Senior Intellectual Property Attorney Fred von Lohmann, "The FCC overstepped its bounds, unduly restricting consumers and manufacturers when it issued its broadcast flag ruling."

The Federal Communications Commission (FCC) ruled on November 4, 2003, that consumer devices capable of receiving broadcast digital television (DTV) signals must implement content control technologies demanded by the entertainment industry to restrict consumer uses of digital television. Left unchallenged, the "broadcast flag" mandate would go into effect by July 1, 2005.

The lawsuit, called ALA v. FCC, was filed in the Court of Appeals in Washington, D.C., and charges that the FCC exceeded its jurisdiction, acted in an arbitrary and capricious manner, and failed to point to substantial evidence in adopting a broadcast flag mandate.

The FCC has asked the court to put the lawsuit on hold, pending the FCC's decision on petitions to reconsider the broadcast flag mandate, although all of the petitions address unrelated matters. The coalition of organizations opposed in court the FCC's attempt to postpone the lawsuit.

Links:
EFF case archive for ALA v. FCC, including court complaint against FCC broadcast flag mandate
Contact:
Fred von Lohmann
   Senior Intellectual Property Attorney
   Electronic Frontier Foundation
   fred@eff.org

About EFF:
The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression and privacy online. EFF is a member-supported organization and maintains one of the most linked-to websites in the world at http://www.eff.org/