CONSUMER GROUPS CHALLENGE BROADCAST FLAG PROTECTIONS
A coalition of consumer groups filed a court challenge of the FCC decision to institute a broadcast flag content protection regime. The suit, filed in U.S. Appeals Court, D.C., named the FCC as defendant. The coalition of petitioners includes Consumer Federation of America (CFA), Consumers Union (CU), Electronic Frontier Foundation (EFF), Public Knowledge (PK), the American Library Assn., the Assn. of Research Libraries, the American Assn. of Law Libraries, the Medical Library Assn. and the Special Libraries Assn. They say the FCC violated the rights of TV viewers and computer users by unlawfully and arbitrarily requiring that all devices with demodulators comply with the ATSC flag or broadcast flag. The library groups say they use the content for scholarly and other purposes.
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The groups said the decision was “contrary to law, arbitrary and capricious, an abuse of discretion and not supported by substantial evidence.” Citing the pending litigation, an FCC official said the Commission would have no comment. The petition didn’t provide much detail, simply saying the agency hadn’t acted within its mandate and had ignored evidence in its record. The groups asked the court to vacate the FCC’s order and enjoin the agency from implementing it. Meanwhile, CU and PK are seeking reconsideration of the order within the agency itself. PK Pres. Gigi Sohn said the groups only wanted to file a brief notice with the court because of the FCC reconsideration bid, but would avail itself of court review if necessary.
The flag ruling was intended to protect broadcast content from mass redistribution over the Internet. Under the ruling, consumer electronics devices and personal computers (PCs) will be required by 2005 to comply with a broadcast flag, essentially code that rides along a broadcasted digital TV signal that prevents redistribution on the Internet. The MPAA and broadcasters had sought such protections for years. Consumer groups fear the flag will tread on consumers’ fair use of content.